I 
115TH CONGRESS 
2D SESSION 
H. R. 6304 
To direct the Secretary of Homeland Security to reunite alien children sepa-
rated from their parent or legal guardian with such parent or legal 
guardian, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 3, 2018 
Mr. CRIST (for himself, Mr. CROWLEY, Mr. HUFFMAN, Mr. SEAN PATRICK 
MALONEY of New York, Ms. NORTON, Mr. SOTO, Ms. WILSON of Florida, 
Ms. WASSERMAN SCHULTZ, Mr. HASTINGS, and Mr. LAWSON of Florida) 
introduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committee on Homeland Security, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To direct the Secretary of Homeland Security to reunite 
alien children separated from their parent or legal guard-
ian with such parent or legal guardian, 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 ‘‘Reunifying Separated 
Families Act of 2018’’. 
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SEC. 2. REUNITING SEPARATED FAMILIES. 
(a) IN GENERAL.—Except as provided in subsection 
(b), on the date of the enactment of this Act, the Secretary 
of Homeland Security, in consultation with the Attorney 
General, the Secretary of Health and Human Services, 
and the Secretary of State, shall reunite each alien child 
who was separated from the child’s parent or legal guard-
ian on or after April 6, 2018. 
(b) EXCEPTIONS.—The Secretary of Homeland Secu-
rity shall not reunite a child described in subsection (a) 
with such child’s parent or legal guardian from whom the 
child was separated if— 
(1) a State court, authorized under State law, 
terminated the rights of the parent or legal guard-
ian, determined that it is in the best interests of the 
child to be removed from the parent or legal guard-
ian, in accordance with the Adoption and Safe Fam-
ilies Act of 1997 (Public Law 105–89), or made any 
similar determination that is legally authorized 
under State law; 
(2) an official from the State or county child 
welfare agency with expertise in child trauma and 
development made a best interests determination 
that it is in the best interests of the child to be re-
moved from the parent or legal guardian because the 
child is in danger of abuse or neglect at the hands 
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of the parent or legal guardian, or is a danger to 
herself or others; or 
(3) the separation was based on a finding of an 
officer or employee of the Department of Homeland 
Security that— 
(A) the child 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 the parent or legal guardian of the 
child; or 
(C) the child is in danger of abuse or ne-
glect at the hands of the parent or legal guard-
ian, or is a danger to themselves or others, ex-
cept that, in the case that a child is removed 
from his or her parent or legal guardian under 
this section, an independent child welfare expert 
licensed by the State or county in which the 
child was so removed, authorizes the separation 
not later than 48 hours after such removal, and 
if such expert does not authorize such separa-
tion, the child shall be reunited with his or her 
parent or legal guardian not later than 48 
hours after such determination. 
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SEC. 3. CIVIL PENALTY. 
Beginning on the date that is 30 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security may be fined not more than $1,000 per child for 
each day that a child described in section 2(a) is not re-
united with the child’s parent from whom the child was 
separated. 
SEC. 4. INSPECTOR GENERAL REPORT. 
Not later than 90 days after the date of the enact-
ment of this Act, the Inspector General of the Department 
of Homeland Security shall submit a report to Congress 
on— 
(1) whether the location of any children de-
scribed in section 2(a) is unknown, and if so, an ex-
planation of why the location of such children is un-
known; and 
(2) whether the policy of separating children 
from their parents and processing them as unaccom-
panied alien children was intended by the Depart-
ment of Homeland Security to deter unlawful border 
crossings. 
SEC. 5. LIMITATION ON THE SEPARATION OF FAMILIES. 
(a) IN GENERAL.—An agent or officer of a des-
ignated agency shall be prohibited from removing a child 
from his or her parent or legal guardian, at or near the 
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port of entry or within 100 miles of a border of the United 
States, unless one of the following has occurred: 
(1) A State court, authorized under State law, 
terminates the rights of the parent or legal guard-
ian, determines that it is in the best interests of the 
child to be removed from the parent or legal guard-
ian, in accordance with the Adoption and Safe Fam-
ilies Act of 1997 (Public Law 105–89), or makes 
any similar determination that is legally authorized 
under State law. 
(2) An official from the State or county child 
welfare agency with expertise in child trauma and 
development makes a best interests determination 
that it is in the best interests of the child to be re-
moved from the parent or legal guardian because the 
child is in danger of abuse or neglect at the hands 
of the parent or legal guardian, 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 child is a victim of trafficking or 
is at significant risk of becoming a victim of 
trafficking; 
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(B) there is a strong likelihood that the 
adult is not the parent or legal guardian of the 
child; or 
(C) the child is in danger of abuse or ne-
glect at the hands of the parent or legal guard-
ian, or is a danger to themselves or others, 
except that, in the case that a child is removed from 
his or her parent or legal guardian under this sec-
tion, an independent child welfare expert licensed by 
the State or county in which the child was so re-
moved, authorizes the separation not later than 48 
hours after such removal, and if such expert does 
not authorize such separation, the child shall be re-
united with his or her parent or legal guardian not 
later than 48 hours after such determination. 
(b) PROHIBITION ON SEPARATION.— 
(1) IN
GENERAL.—A designated agency may 
not remove a child from a parent or legal guardian 
solely for the policy goal of deterring individuals 
from migrating to the United States or for the pol-
icy goal of promoting compliance with civil immigra-
tion laws. 
(2) PENALTY FOR FAMILY SEPARATION.—Any 
person who knowingly separates a child from his or 
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her parent or legal guardian in violation of this sec-
tion, shall be fined not more than $10,000. 
(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 evi-
dence for such separation. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘designated agency’’ means— 
(A) the Department of Homeland Security; 
(B) the Department of Justice; and 
(C) the Department of Health and Human 
Services. 
(2) The term ‘‘agent or officer’’ includes con-
tractors of the Federal Government. 
(3) The term ‘‘child’’ means an individual 
who— 
(A) has not reached the age of 18; and 
(B) has no permanent immigration status. 
(4) The term ‘‘committees of jurisdiction’’ 
means— 
(A) the Committee on the Judiciary and 
the Committee on Health, Education, Labor, 
and Pensions of the Senate; and 
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(B) the Committee on the Judiciary and 
the Committee on Education and the Workforce 
of the House of Representatives. 
(5) The term ‘‘finding’’ means an individualized 
written assessment or screening formalized as re-
quired under subsection (c). 
(6) The term ‘‘in danger of abuse or neglect at 
the hands of the parent or legal guardian’’ does not 
include migrating to or crossing of a border of the 
United States. 
(7) Unless otherwise specified, the term ‘‘Sec-
retary’’ means the Secretary of Homeland Security. 
Æ 
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