I 
116TH CONGRESS 
1ST SESSION H. R. 1012 
To reunite families separated at or near ports of entry, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2019 
Mr. ESPAILLAT (for himself, Ms. BONAMICI, Mr. SERRANO, Ms. JAYAPAL, Mr. 
GARCI´A of Illinois, and Mr. BEYER) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To reunite families separated at or near ports of entry, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reunite Every Unac-
companied Newborn Infant, Toddler and other children 
Expeditiously Act’’ or the ‘‘REUNITE Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) APPREHENDED PARENT OR LEGAL GUARD-
IAN.—The term ‘‘apprehended parent or legal 
guardian’’ means an alien who— 
(A) is 18 years of age or older; 
(B) is the parent or legal guardian of an 
alien child; and 
(C) was apprehended by DHS, the Depart-
ment of Justice, or any other entity authorized 
to enforce section 275 of the Immigration and 
Nationality Act (8 U.S.C. 1325). 
(2) BORDER.—The term ‘‘border’’ means an 
international border of the United States. 
(3) CHILD.—The term ‘‘child’’ means an alien 
who— 
(A) has not reached 18 years of age; and 
(B) has no permanent immigration status 
in the United States. 
(4) DHS.—The term ‘‘DHS’’ means the De-
partment of Homeland Security. 
(5) HHS.—The term ‘‘HHS’’ means the De-
partment of Health and Human Services. 
SEC. 3. REUNIFICATION OF SEPARATED FAMILIES. 
(a) RULEMAKING.— 
(1) RULE.—Not later than 10 days after the 
date of the enactment of this Act, the Secretary of 
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Homeland Security and the Secretary of Health and 
Human Services, after immediate consultation with 
humanitarian organizations, child welfare organiza-
tions, State child welfare agencies, and States con-
tiguous with the border with Mexico, shall promul-
gate and publish a rule through a direct final rule 
that specifically describes the coordinated efforts 
that DHS and HHS will undertake to aid an appre-
hended parent or legal guardian in locating and re-
uniting with any children separated from them at or 
near the port of entry, or within 100 miles of the 
border, pursuant to applicable law. 
(2) DEVELOPMENT; SERVICES; PUBLICATION.— 
The rule promulgated pursuant to paragraph (1) 
shall— 
(A) be developed to protect the best inter-
ests of affected children; 
(B) describe all pro bono or government- 
funded services, including immigration services, 
available for apprehended parents and legal 
guardians or affected children; and 
(C) be made publicly available in writing 
and on the websites of DHS and HHS. 
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(b) COVERAGE OF JOINT RULE.—The rule published 
pursuant to subsection (a) shall outline the coordinated 
efforts of DHS and HHS, including efforts— 
(1) to develop and conduct family tracing proce-
dures, in cooperation with nongovernmental experts 
in child welfare best practices; 
(2) to maintain a functional, accessible, fre-
quent, and no-cost means for apprehended parents 
and legal guardians to contact their child through a 
telephone hotline or visual conferencing— 
(A) to obtain daily-updated information 
about the location of their child and all sched-
uled immigration proceedings for their child; 
and 
(B) to set up opportunities to speak with 
their child not fewer than 3 times per week, in-
cluding at least once by video; 
(3) to facilitate substantial daily access of non-
governmental case workers, child advocates, and 
legal counsel to children separated from their appre-
hended parents and legal guardians to represent 
these children’s best interests in custody decisions 
and immigration proceedings; 
(4) to provide for humanitarian organizations 
and State and local child welfare agencies in the ju-
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risdictions in which the children are located to con-
duct unannounced, independent weekly inspections 
of all DHS and HHS facilities at which children 
who are separated from their apprehended parents 
or legal guardians are in custody; 
(5) to coordinate with the Department of State 
and embassies and consulates of foreign govern-
ments to locate apprehended parents and legal 
guardians of children who have departed from the 
United States; 
(6) to provide clear notice to apprehended par-
ents and legal guardians of their legal rights, includ-
ing— 
(A) their parental and guardianship rights 
with respect to their child who has been des-
ignated as an unaccompanied alien child; and 
(B) their right to designate another par-
ent, legal guardian, or other qualified adult cus-
todian to sponsor and care for such child; 
(7) to facilitate information sharing by appre-
hended parents and legal guardians about any ar-
rangements to depart the United States with their 
consulate, their child, their child’s case worker, legal 
counsel, child advocate, and other adult custodians 
in advance of their departure; 
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(8) to provide apprehended parents and legal 
guardians with order of deportation or removal ac-
cess to nongovernmental organizations providing as-
sistance with locating and reunifying with their 
child; 
(9) to provide cost-free transportation of chil-
dren separated from their apprehended parents or 
legal guardians to reunite with them or another par-
ent, legal guardian, or other qualified adult custo-
dian to which the children consent; 
(10) to establish a recordkeeping system that 
will maintain information to aid the reunification of 
every child separated from an apprehended parent or 
legal guardian; 
(11) to provide free telephone calls between ap-
prehended parents or legal guardians and their 
child; 
(12) to provide legal counsel to children sepa-
rated from their apprehended parents or legal 
guardians and to ensure that every such child is rep-
resented by a licensed attorney; and 
(13) to otherwise assist with the reunification 
of separated families. 
(c) WRITTEN NOTIFICATION.—Shortly after the rule 
is published pursuant to subsection (a), the Secretary of 
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Homeland Security, the Secretary of Health and Human 
Services, and the Attorney General shall provide each ap-
prehended parent or legal guardian who has been sepa-
rated from his or her child written notice, in English, 
Spanish, or another language understandable by the par-
ent or legal guardian, upon request, of any rules or guid-
ance that may assist them in their efforts to locate and 
reunify with their child. 
(d) REUNIFICATION REQUIRED.—DHS and HHS 
shall ensure immediate reunification of children that re-
main separated from their apprehended parent or legal 
guardian. 
(e) OTHER
REQUIREMENTS.—DHS and HHS 
shall— 
(1) issue a privacy impact assessment related to 
the use of DNA testing under section 4; and 
(2) establish a process for redressing violations 
of the requirements under this section. 
(f) EXEMPTIONS.—DHS and HHS may not reunite 
an apprehended parent or legal guardian with their child 
under this section if— 
(1) the child has been determined to be a victim 
of trafficking, or is at significant risk of becoming 
a victim of trafficking, by that apprehended parent 
or legal guardian, as determined by a Chief Border 
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Patrol Agent or Customs and Border Protection 
Area Port Director in their official and undelegated 
capacity; 
(2) the child appears to be in danger of abuse 
or neglect at the hands of the apprehended parent 
or legal guardian; 
(3) the child is a danger to himself, herself, or 
others, as determined by a State court or an official 
from a State or county child welfare agency in his 
or her official and undelegated capacity; or 
(4) there is a strong likelihood that the adult is 
not the apprehended parent or legal guardian of the 
child. 
SEC. 4. DNA TESTING. 
(a) USE OF OTHER TECHNIQUES.—Before utilizing 
DNA testing to determine family relationships, DHS and 
HHS shall use other techniques commonly utilized by 
United States courts for determining family relationships, 
including official documents, representations from a wit-
ness, parent, relative, or child, and observations of inter-
actions between the adult and the child. 
(b) DNA TESTING.— 
(1) IN GENERAL.—DNA testing may not be re-
quired as a condition of reunification if alternative 
means of demonstrating a familial relationship have 
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been established. If reasonable suspicions remain 
about a familial relationship after exhausting the 
techniques referred to in subsection (a), DNA test-
ing may be used. 
(2) PROTOCOLS.—DHS and HHS shall develop 
protocols for establishing a familial relationship if an 
individual does not want to consent to DNA testing 
or may not have a biological relationship with a 
child. 
(3) TYPE OF TEST.—Whenever DNA testing is 
used, DHS and HHS shall use the least privacy- 
invasive type of DNA test available to confirm the 
claimed relationship and may not charge the child or 
apprehended parent or legal guardian for the costs 
of conducting such testing. 
(4) CONSENT.—DHS and HHS shall— 
(A) obtain the consent of any individual 
older than 18 years of age before conducting a 
DNA test; 
(B) make every effort to obtain the con-
sent of a legal guardian before conducting a 
DNA test on anyone younger than 18 years of 
age; and 
(C) destroy DNA samples as soon as pos-
sible and not later than 7 days after completing 
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the required DNA matching tests to minimize 
any potential misuse of genetic information col-
lected under this subsection. 
(c) PROTECTION OF INFORMATION.— 
(1) IN GENERAL.—If DNA testing is used for 
the purposes of reunification, DHS and HHS shall 
ensure the protection of privacy, genetic data, and 
personal information of children, parents, all individ-
uals being tested, and their relatives. 
(2) OTHER
USES
PROHIBITED.—DHS, HHS, 
and private entities may only access, use, or store 
any personal DNA information collected under this 
subsection for family reunification purposes and are 
prohibited from sharing any such information with 
Federal agencies other than those carrying out the 
reunification process. Information collected under 
this section may not be used by the Federal Govern-
ment for any other purpose, including criminal or 
immigration enforcement. 
(d) DNA MATCH.— 
(1) REUNIFICATION.—As soon as a DNA 
match is identified, DHS and HHS shall reunite 
family members as expeditiously as possible. 
(2) NO
MATCH; NO
CONSENT.—A refusal to 
consent to a DNA test or the failure to identify a 
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match between a child and an apprehended parent 
may not be used as a basis for concluding that there 
is no familial relationship between such child and 
such parent if— 
(A) the familial relationship is not biologi-
cal; or 
(B) the familial relationship may be estab-
lished through alternative means. 
SEC. 5. ENHANCED PROTECTIONS FOR SEPARATE FAMI-
LIES. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish secure alternative programs that incor-
porate case management services in each field office of 
DHS to ensure appearances at immigration proceedings 
and public safety. 
(b) ALTERNATIVES TO DETENTION.— 
(1) CONTRACT AUTHORITY.—The Secretary of 
Homeland Security shall contract with nongovern-
mental, community-based organizations to conduct 
screening of detainees, provide appearance assist-
ance services, and operate community-based super-
vision programs. Secure alternatives shall offer a 
continuum of supervision mechanisms and options, 
including community support, depending on an as-
sessment of each individual’s circumstances. The 
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Secretary may contract with nongovernmental orga-
nizations to implement secure alternatives that 
maintain custody over the alien. 
(2) ELIGIBILITY DETERMINATION.— 
(A) RELEASE.—The Secretary of Home-
land Security shall release each apprehended 
parent or legal guardian on recognizance, pa-
role, or bond, or permit such parent or legal 
guardian to participate in an alternative to de-
tention program, such as the Family Case Man-
agement Program authorized under subsection 
(c), unless the Secretary demonstrates that 
such participation would create a substantial 
risk that the apprehended parent or legal 
guardian is likely to cause harm to himself, her-
self, or others. 
(B) BURDEN OF PROOF.—In order to dem-
onstrate that continued detention is necessary, 
the Secretary shall produce clear and con-
vincing evidence of risk factors, including cred-
ible and individualized information. 
(C) APPEAL.—Not later than 72 hours 
after the Secretary determines that an appre-
hended parent or legal guardian is ineligible for 
an alternative to detention program under this 
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