I 
115TH CONGRESS 
2D SESSION 
H. R. 6135 
To limit the separation of families at or near ports of entry. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 19, 2018 
Mr. NADLER (for himself, Ms. LOFGREN, Mr. TED LIEU of California, Ms. 
JAYAPAL, Mr. GUTIE´RREZ, Mr. PANETTA, Ms. PELOSI, Mr. HOYER, Mr. 
CLYBURN, Mr. CROWLEY, Ms. SA´NCHEZ, Mr. CUMMINGS, Mr. TAKANO, 
Ms. DELAURO, Mr. MCGOVERN, Mr. O’ROURKE, Ms. MCCOLLUM, Mr. 
SMITH of Washington, Ms. BASS, Mr. CORREA, Ms. PINGREE, Mr. 
CARBAJAL, Mr. YARMUTH, Ms. JACKSON LEE, Mrs. DINGELL, Mr. 
QUIGLEY, Mr. PAYNE, Mr. RYAN of Ohio, Ms. SCHAKOWSKY, Mr. 
DEUTCH, Mr. ESPAILLAT, Mr. RUPPERSBERGER, Ms. NORTON, Ms. 
VELA´ZQUEZ, Mr. CASTRO of Texas, Ms. WILSON of Florida, Ms. MENG, 
Mr. POCAN, Mr. LANGEVIN, Mr. GOMEZ, Mr. RUSH, Mr. SCHNEIDER, 
Mr. HASTINGS, Mrs. WATSON COLEMAN, Mr. HIGGINS of New York, Ms. 
DEGETTE, Mr. COOPER, Mr. WELCH, Mr. RICHMOND, Mr. GENE GREEN 
of Texas, Mr. SIRES, Mr. BLUMENAUER, Mr. CICILLINE, Mr. MOULTON, 
Ms. LEE, Mrs. CAROLYN B. MALONEY of New York, Mr. DELANEY, Ms. 
SPEIER, Ms. ROSEN, Mr. THOMPSON of California, Ms. MATSUI, Ms. 
WASSERMAN SCHULTZ, Mr. LARSEN of Washington, Mr. SCHIFF, Mr. 
PETERS, Mr. BEYER, Mr. POLIS, Mr. KILDEE, Ms. TITUS, Mr. JOHNSON 
of Georgia, Mr. LEWIS of Georgia, Mrs. TORRES, Mr. BRENDAN F. 
BOYLE of Pennsylvania, Mr. CA´RDENAS, Mr. KRISHNAMOORTHI, Mr. VIS-
CLOSKY, Ms. CASTOR of Florida, Mr. CAPUANO, Mr. THOMPSON of Mis-
sissippi, Mr. PERLMUTTER, Mrs. MURPHY of Florida, Mr. SERRANO, Mr. 
PALLONE, Ms. MOORE, Ms. BARRAGA´N, Ms. DELBENE, Mr. EVANS, Mr. 
JEFFRIES, Mr. CARTWRIGHT, Ms. BLUNT ROCHESTER, Mr. HUFFMAN, 
Mr. HIMES, Miss RICE of New York, Ms. HANABUSA, Mr. ENGEL, Mr. 
BEN RAY LUJA´N of New Mexico, Ms. BORDALLO, Ms. BROWNLEY of 
California, Mr. COSTA, Mr. GALLEGO, Mr. SEAN PATRICK MALONEY of 
New York, Mrs. BUSTOS, Mr. BERA, Ms. SEWELL of Alabama, Mr. 
COURTNEY, Mr. DOGGETT, Mr. AGUILAR, Ms. SHEA-PORTER, Mr. 
MCNERNEY, Mr. WALZ, Mr. VARGAS, Ms. CLARKE of New York, Mr. 
BROWN of Maryland, Mr. COHEN, Mr. SHERMAN, Mr. SARBANES, Mr. 
BRADY of Pennsylvania, Mr. SOTO, Mr. SWALWELL of California, Mrs. 
NAPOLITANO, Mr. MCEACHIN, Ms. BONAMICI, Mr. CRIST, Mr. KIND, Mr. 
O’HALLERAN, Ms. TSONGAS, Mr. MICHAEL F. DOYLE of Pennsylvania, 
Mr. ELLISON, Mr. AL GREEN of Texas, Ms. FRANKEL of Florida, Ms. 
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ROYBAL-ALLARD, Ms. ESHOO, Mrs. DEMINGS, Mr. RASKIN, Mr. NEAL, 
Mr. KIHUEN, Mr. CONNOLLY, Ms. FUDGE, Mr. SCHRADER, Mr. CARSON 
of Indiana, Mr. LYNCH, Mr. SCOTT of Virginia, Ms. KUSTER of New 
Hampshire, Mr. DEFAZIO, Mr. RUIZ, Mr. SUOZZI, Mr. BUTTERFIELD, 
Mr. NORCROSS, Mr. LEVIN, Mr. KENNEDY, Mr. GRIJALVA, Mr. 
KEATING, Mr. PRICE
of North Carolina, Mr. DESAULNIER, Mrs. 
BEATTY, Ms. ADAMS, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 
HECK, Ms. JUDY CHU of California, Ms. MAXINE WATERS of California, 
Mr. MEEKS, Mr. TONKO, Mr. LARSON of Connecticut, Ms. PLASKETT, 
Ms. CLARK of Massachusetts, Ms. KAPTUR, Mr. PASCRELL, Mrs. LOWEY, 
Mr. GARAMENDI, Mr. FOSTER, Mr. KHANNA, Mr. DANNY K. DAVIS of 
Illinois, Mr. NOLAN, Mr. LOWENTHAL, Ms. MICHELLE LUJAN GRISHAM 
of New Mexico, Ms. ESTY of Connecticut, Mr. LOEBSACK, Mr. BISHOP 
of Georgia, Mr. CLAY, Mr. GONZALEZ of Texas, Mr. SABLAN, Ms. 
GABBARD, Mr. CLEAVER, Ms. KELLY of Illinois, Mrs. LAWRENCE, Mrs. 
DAVIS of California, Mr. KILMER, Mr. LIPINSKI, Mr. VELA, Mr. LAMB, 
and Mr. LAWSON of Florida) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Com-
mittee 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 committee concerned 
A BILL 
To limit the separation of families at or near ports of entry. 
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 ‘‘Keep Families To-
gether Act’’. 
SEC. 2. 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. 
SEC. 3. RECOMMENDATIONS FOR SEPARATION BY AGENTS 
OR OFFICERS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary, in con-
sultation with the Secretary of Health and Human Serv-
ices, shall develop training and guidance, with an empha-
sis on the best interests of the child, childhood trauma, 
attachment, and child development, for use by agents and 
officers of designated agencies, in order to standardize the 
implementation of section 2(a)(3). 
(b) ANNUAL REVIEW.—Not less frequently than an-
nually, the Secretary of Health and Human Services shall 
review the guidance developed under subsection (a) and 
make recommendations to the Secretary to ensure such 
guidance is in accordance with current evidence and best 
practices in child welfare, child development, and child-
hood trauma. 
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(c) REQUIREMENT.—The guidance under subsection 
(a) shall incorporate the presumptions described in section 
4. 
(d) ADDITIONAL REQUIREMENTS.— 
(1) 
EVIDENCE-BASED.—The 
guidance 
and 
training developed under this section shall incor-
porate evidence-based practices. 
(2) TRAINING REQUIRED.— 
(A) All agents and officers of designated 
agencies, upon hire, and annually thereafter, 
shall complete training on adherence to the 
guidance under this section. 
(B) All Chief Patrol Agents and Area Port 
Directors, upon hire, and annually thereafter, 
shall complete— 
(i) training on adherence to the guid-
ance under this section; and 
(ii) 90 minutes of child welfare prac-
tice training that is evidence-based and 
trauma-informed. 
SEC. 4. PRESUMPTIONS. 
The presumptions described in this section are the 
following: 
(1) FAMILY UNITY.—There shall be a strong 
presumption in favor of family unity. 
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(2) SIBLINGS.—To the maximum extent prac-
ticable, the Secretary shall ensure that sibling 
groups remain intact. 
(3) DETENTION.—In general, there is a pre-
sumption that detention is not in the best interests 
of families and children. 
SEC. 5. REQUIRED POLICY FOR LOCATING SEPARATED 
CHILDREN. 
(a) IN GENERAL.—Not later than 180 days after the 
after the date of the enactment of this Act, the Secretary 
shall publish final public guidance that describes, with 
specificity, the manner in which a parent or legal guardian 
may locate a child who was separated from the parent or 
legal guardian under section 2(a). In developing the public 
guidance, the Secretary shall consult with the Secretary 
of Health and Human Services, immigrant advocacy orga-
nizations, child welfare organizations, and State child wel-
fare agencies. 
(b) WRITTEN NOTIFICATION.—The Secretary shall 
provide each parent or legal guardian who was separated, 
with written notice of the public guidance to locate a sepa-
rated child. 
(c) LANGUAGE ACCESS.—All guidance shall be avail-
able in English and Spanish, and at the request of the 
parent or legal guardian, either in the parent or legal 
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guardian’s native language or in another language the 
parent or legal guardian understands, and manner that 
is understandable by the parent or legal guardian. 
SEC. 6. REQUIRED INFORMATION FOR SEPARATED FAMI-
LIES. 
(a) IN GENERAL.—Except as provided under sub-
section (c), the Secretary of Health and Human Services, 
in consultation with the heads of other designated agen-
cies, on a weekly basis, shall provide the parent or legal 
guardian of a child who was separated, the following infor-
mation, at a minimum: 
(1) A status report on the child’s activities dur-
ing the prior week. 
(2) Information about the education and health 
of the child, including any medical treatment pro-
vided to the child or medical treatment rec-
ommended for the child. 
(3) Information about changes to the child’s 
immigration status. 
(4) Other information about the child, designed 
to promote and maintain family reunification, as the 
Secretary of Health and Human Services determines 
in his or her discretion. 
(b) PHONE COMMUNICATION.—Except as provided 
under subsection (c), the Secretary of Health and Human 
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Services, in consultation with the heads of other des-
ignated agencies, on a weekly basis, shall provide the par-
ent or legal guardian of a child who was separated with 
phone communication between the parent or legal guard-
ian and his or her child. 
(c) EXCEPTION.—No information under subsection 
(a) or phone communication under subsection (b) shall be 
provided to a parent or legal guardian in the case that 
a qualified child welfare expert with care and custody of 
the child, a child’s advocate, the child’s legal representa-
tion, or the child him or herself concludes it is harmful 
or dangerous to the child to communicate with the parent 
or legal guardian. 
SEC. 7. ANNUAL REPORT ON FAMILY SEPARATION. 
Not later than 180 days after the date of the enact-
ment of this Act, and every 6 months thereafter, the Sec-
retary, in consultation with the heads of other designated 
agencies, shall submit a report to the committees of juris-
diction, describing each instance in which a child was sep-
arated from a parent or legal guardian, including the fol-
lowing: 
(1) The relationship of the adult to the child. 
(2) The age and gender of the adult and child. 
(3) The length of separation. 
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(4) Whether the adult was charged with a 
crime, and if the adult was charged with a crime, 
the type of crime. 
(5) Whether the adult made a claim for asylum, 
expressed a fear to return, or applied for other im-
migration relief. 
(6) Whether the adult was prosecuted if 
charged with a crime and the associated outcome of 
such charges. 
(7) The stated reason for, and evidence in sup-
port of, the separation. 
(8) If the child was part of a sibling group at 
the time of the separation, whether the group has 
had physical contact and visitation. 
(9) Whether the child was rendered an unac-
companied alien child. 
(10) Other information in the Secretary’s dis-
cretion. 
SEC. 8. CLARIFICATION OF PARENTAL RIGHTS. 
If a child is separated from a parent or legal guard-
ian, and a State court has not made a determination that 
the parental rights have been terminated, there is a pre-
sumption that— 
(1) the parental rights remain intact; and 
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(2) the separation does not constitute an af-
firmative determination of abuse or neglect under 
Federal or State law. 
SEC. 9. CLARIFICATION OF EXISTING LAW. 
(a) FEDERAL LAW.—Nothing in this Act shall be in-
terpreted to supersede or modify Federal child welfare law, 
where applicable, including the Adoption and Safe Fami-
lies Act of 1997 (Public Law 105–89). 
(b) STATE LAW.—Nothing in this Act shall be inter-
preted to supersede or modify State child welfare laws 
where applicable. 
SEC. 10. LIMITATION ON THE PROSECUTION OF ASYLUM 
SEEKERS. 
(a) IN GENERAL.—An alien who has expressed a 
credible or reasonable fear of persecution, filed an applica-
tion for asylum or withholding of removal, or expressed 
an intent to file such an application, may not be pros-
ecuted under section 275(a) or 276(a) of the Immigration 
and Nationality Act (8 U.S.C. 1325(a), 1326(a)) until the 
date on which any such application has been finally adju-
dicated, including any appeals thereto. 
(b) AFFIRMATIVE DEFENSE.—In the case that an 
alien is prosecuted under section 275(a) or 276(a) of the 
Immigration and Nationality Act (8 U.S.C. 1325(a), 
1326(a)) in violation of subsection (a), it shall be a de-
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fense that the alien has expressed a credible or reasonable 
fear of persecution, filed an application for asylum or 
withholding of removal, or expressed an intent to file such 
an application, and that such application has not been fi-
nally adjudicated, including any appeals thereto. 
(c) TREATY OBLIGATIONS.—In accordance with the 
treaty obligations of the United States under Article 31 
of the United Nations Convention Relating to the Status 
of Refugees, no alien who has been granted asylum or 
withholding of removal in the United States may be pros-
ecuted under section 275(a) or 276(a) of the Immigration 
and Nationality Act (8 U.S.C. 1325(a), 1326(a)). 
SEC. 11. DEFINITIONS. 
In this Act: 
(1) DESIGNATED
AGENCY.—The term ‘‘des-
ignated agency’’ means— 
(A) the Department of Homeland Security; 
(B) the Department of Justice; and 
(C) the Department of Health and Human 
Services. 
(2) AGENT OR OFFICER.—The term ‘‘agent or 
officer’’ includes contractors of the Federal Govern-
ment. 
(3) CHILD.—The term ‘‘child’’ means an indi-
vidual who— 
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(A) has not reached the age of 18; and 
(B) has no permanent immigration status. 
(4) COMMITTEES OF JURISDICTION.—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 
(B) the Committee on the Judiciary and 
the Committee on Education and the Workforce 
of the House of Representatives. 
(5) FINDING.—The term ‘‘finding’’ means an 
individualized written assessment or screening for-
malized as required under section 2(c), and con-
sistent with sections 3, 4, and 8. 
(6) IN DANGER OF ABUSE OR NEGLECT AT THE 
HAND OF THE PARENT OR LEGAL GUARDIAN.—The 
term ‘‘in danger of abuse or neglect at the hands of 
the parent or legal guardian’’ does not include mi-
grating to or crossing of a border of the United 
States. 
(7) SECRETARY.—Unless otherwise specified, 
the term ‘‘Secretary’’ means the Secretary of Home-
land Security. 
Æ 
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