Preventing Family Separation for Immigrants with Disabilities Act

To limit the separation of families including an individual with an developmental disability at or near ports of entry. 1. Short title This Act may be cited as the Preventing Family Separation for Immigrants with Disabilities Act 2. Limitation on the separation of families including an individual with an developmental disability (a) In general An agent or officer of a designated agency shall be prohibited from removing a protected individual from his or her family member, at or near the port of entry or within 100 miles of the border of the United States, unless one of the following has occurred: (1) A State court, authorized under State law, terminates the rights of a family member, determines that it is in the best interests of the protected individual to be removed from his or her family member, in accordance with the Adoption and Safe Families Act of 1997 ( Public Law 105–89 (2) An official from the State or county welfare agency with expertise in trauma and development and an official from the State protection and advocacy system make a best interests determination that it is in the best interests of the protected individual to be removed from his or her family member because the protected individual is in danger of abuse or neglect at the hands of the family member, or is a danger to herself or others. (3) The Chief Patrol Agent or the Area Port Director in their official and undelegated capacity, authorizes separation upon the recommendation by an agent or officer, based on a finding that— (A) the protected individual is a victim of trafficking or is at significant risk of becoming a victim of trafficking; (B) there is a strong likelihood that the adult is not a family member of the protected individual; or (C) the protected individual is in danger of abuse or neglect at the hands of the family member, or is a danger to themselves or others. (b) Prohibition on separation An agency may not remove a protected individual from a family member solely for the policy goal of deterring individuals from migrating to the United States or for the policy goal of promoting compliance with civil immigration laws. (c) Documentation required The Secretary shall ensure that a separation under subsection (a)(3) is documented in writing and includes, at a minimum, the reason for such separation, together with the stated evidence for such separation. 3. Required information for separated families Not less frequently than once every month, the Secretary shall provide the family member of a protected individual who was separated, the following information, at a minimum: (1) A status report on the monthly activities of the protected individual. (2) Information about the education and health of the protected individual, including any medical treatment provided to the individual or medical treatment recommended for the individual. (3) Information about changes to the individual’s immigration status, as well as information about the State protection and advocacy office that has monitoring authority. (4) Other information about the individual, designed to promote and maintain family reunification, as the Secretary determines in his or her discretion. 4. Definitions In this Act: (1) Agent; officer The terms agent officer (2) Danger of abuse or neglect at the hands of the family member The term danger of abuse or neglect at the hands of the family member (3) Designated agency The term designated agency (A) the Department of Homeland Security; (B) the Department of Justice; and (C) the Department of Health and Human Services. (4) Disabilities specialist The term disabilities specialist (A) a physician; (B) an osteopath; or (C) a psychologist. (5) Finding The term finding (6) Protected individual The term protected individual (A) has an developmental disability; and (B) has no permanent immigration status. (7) Secretary Unless otherwise specified, the term Secretary

Summary: Preventing Family Separation for Immigrants with Disabilities Act This bill prohibits an agent or officer of the Departments of Homeland Security, Justice, or Health and Human Services from removing a protected individual (i.e., an individual with a developmental disability and no permanent immigration status) from a family member at or near the port of entry or within 100 miles of the U.S. border unless a state court or state or county welfare agency determines that removal is in the best interest of such individual. The Chief Patrol Agent or the Area Port Director may also authorize removal upon a finding that the protected individual is a victim of trafficking or is at significant risk of being a victim of trafficking, there is a strong likelihood that the adult is not a family member of the protected individual, or the protected individual is in danger of abuse or neglect. A protected individual may not be removed from a family member solely for the policy goal of deterring individuals from migrating to the United States or for promoting compliance with civil immigration laws. DHS must provide the family member of a protected individual who was separated with information about the activities of such individual and certain other information on a monthly basis.