Keep Families Together and Enforce the Law Act

To amend the Immigration and Nationality Act to address the protective custody of alien children accompanied by parents, and for other purposes. 1. Short title This Act may be cited as the Keep Families Together and Enforce the Law Act 2. Family unification (a) In general Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 (e) Protective custody of arriving alien children accompanied by parents (1) In general Notwithstanding any other provision of law, including section 3142 of title 18, United States Code, any judicial determination (including any judicial determination made in Flores v. Sessions et. al., (9th Cir. July 5, 2017; C.D. CA. July 24, 2015)), consent decree, or settlement agreement issued before the date of enactment of the Keep Families Together and Enforce the Law Act (A) accompanied by a parent; and (B) (i) apprehended at or near the international border of the United States; or (ii) seeking admission to the United States at a port of entry. (2) Family unit residential centers (A) In general Except as provided in subparagraph (B), the Secretary of Homeland Security shall temporarily house an alien child under the age of 18 years described in paragraph (1) together with the parent of the child in a family residential center maintained by the Secretary of Homeland Security during the pendency of civil or criminal proceedings. (B) Exception The Secretary of Homeland Security shall not temporarily house an alien child described in subparagraph (A) in the manner described in that subparagraph if the Secretary of Homeland Security— (i) is unable to verify that an individual accompanying the alien child is the parent of the alien child; (ii) determines that the accompanying parent of the alien child— (I) has a violent criminal history; or (II) has committed or been convicted of— (aa) an aggravated felony under section 101(a)(43); (bb) a crime involving the attempted use of physical force or threatened use of a deadly weapon; (cc) an assault resulting in bodily injury (as defined in section 2266 of title 18, United States Code); or (dd) an offense described in section 212(a)(2) or 237(a)(2); (iii) determines that the alien child is or has been a victim of domestic abuse or sexual abuse; or (iv) the alien child is— (I) a victim of trafficking; (II) at risk of becoming a victim of trafficking; (III) in danger of abuse or neglect at the hands of the accompanying parent of the alien child; or (IV) a danger to himself or herself or to others. (C) Conditions for custody The Secretary of Homeland Security shall ensure that each— (i) family residential facility is secure and safe; and (ii) alien child and accompanying parent at a family residential facility has— (I) suitable living accommodations; (II) access to drinking water and food; (III) medical assistance in case of emergencies; and (IV) any other service necessary for the adequate care of a minor child. (3) Protective custody of accompanied alien children ineligible for housing in a family residential center If an alien child described in paragraph (1) may not be housed with the accompanying parent of the alien child in a family residential center under paragraph (2)(A), the alien child shall be treated as an unaccompanied alien child under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (4) Prioritization of accompanied minor and family unit proceedings To the maximum extent practicable, the Secretary of Homeland Security and the Attorney General shall prioritize civil and criminal proceedings and decisions on requests for relief from removal of accompanied alien children and families who are in custody under this subsection. . (b) Applicability The amendments made by this Act shall apply regardless of the date on which an action giving rise to the admissibility or custody of the accompanied child or parent occurs. 3. Additional family residential center capacity (a) In general The Secretary of Homeland Security shall increase the number of available family residential beds by not less than 1,000, as compared to the number of beds available on the date of enactment of this Act. (b) Interagency agreement The Secretary of Homeland Security shall enter into one or more interagency agreements with the Attorney General to secure additional family residential centers to house accompanied alien children and parents of such children under section 235(e) of the Immigration and Nationality Act during the pendency of civil or criminal proceedings. 4. Conditions on new immigration detention sites The Secretary of Homeland Security shall secure the written permission of the Governor, both United States Senators, and the United States Representative who represent the State and congressional district of the location any proposed new immigration detention site, including any proposed new family residential center site, before the site is constructed or put into operation. 5. Emergency immigration judge resources The Attorney General shall increase the number of immigration judge teams by not less than 225, as compared to the number of immigration judge teams on the date of enactment of this Act, including for the purpose of conducting prioritized proceedings for accompanied alien children and families— (1) apprehended at or near the southwest border of the United States; or (2) who are seeking admission to the United States at a port of entry.

Summary: Keep Families Together and Enforce the Law Act This bill amends the Immigration and Nationality Act to authorize the Department of Homeland Security (DHS) to extend protective custody over alien children under age 18 who are accompanied by a parent and were apprehended at the border or are seeking admission to the United States at a port of entry. DHS must temporarily house an alien child in a DHS family residential center during the pendency of civil or criminal proceedings. DHS must (1) increase the number of available beds in family residential centers; and (2) secure the written permission of the governor of a state and the congressional delegation representing the state and the district in which any new immigration detention site, including any proposed new family residential center site, is proposed to be located prior to the construction or operation of such site. The Department of Justice must increase the number of immigration judge teams to conduct prioritized proceedings for accompanied alien children and families apprehended at the southwest border or who are seeking admission to the United States at a port of entry.