I 
113TH CONGRESS 
1ST SESSION H. R. 3130 
To establish humane practices for the repatriation of aliens at the border, 
establish effective standards for the treatment of certain aliens in the 
custody of the Department of Homeland Security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2013 
Ms. ROYBAL-ALLARD introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Home-
land Security, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To establish humane practices for the repatriation of aliens 
at the border, establish effective standards for the treat-
ment of certain aliens in the custody of the Department 
of Homeland Security, 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 ‘‘Protect Family Values 
at the Border Act’’. 
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SEC. 2. PROTECTION OF FAMILY VALUES IN APPREHEN-
SION PROGRAMS. 
(a) PROCEDURES
FOR MIGRATION DETERRENCE 
PROGRAMS AT THE BORDER.—In any migration deter-
rence program carried out at a border, the Secretary and 
any cooperating entity shall for each apprehended indi-
vidual— 
(1) as soon as practicable after such individual 
is apprehended— 
(A) inquire through a standardized proce-
dure that shall be established by the Secretary 
not later than 90 days after the date of the en-
actment of this Act, as to whether such appre-
hended individual is— 
(i) a parent, legal guardian, or pri-
mary caregiver of a child; or 
(ii) traveling with a spouse, child, or 
sibling; and 
(B) ascertain whether repatriation of such 
apprehended individual presents any humani-
tarian concern or concern related to such appre-
hended individual’s physical safety; and 
(2) ensure that, with respect to a decision re-
lated to the repatriation or referral for prosecution 
of such apprehended individual, due consideration is 
given to— 
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(A) the best interests of such apprehended 
individual’s child, in any; 
(B) family unity whenever possible; and 
(C) other public interest factors, including 
humanitarian concerns and concerns related to 
such apprehended individual’s physical safety. 
(b) MANDATORY TRAINING.—The Secretary, in con-
sultation with the Secretary of Health and Human Serv-
ices, the Attorney General, the Secretary of State, and 
independent immigration, child welfare, family law, and 
human rights law experts, shall— 
(1) develop and provide specialized training for 
all personnel of U.S. Customs and Border Protection 
and cooperating entities who come into contact with 
apprehended individuals regarding legal authorities, 
policies, and procedures relevant to the preservation 
of a child’s best interest, family unity, and other 
public interest factors, including factors described in 
subsection (a); and 
(2) require border enforcement personnel to un-
dertake periodic and continuing training on best 
practices and changes in relevant legal authorities, 
policies, and procedures referred to in paragraph 
(1). 
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(c) ANNUAL REPORT ON THE IMPACT OF MIGRATION 
DETERRENCE PROGRAMS AT THE BORDER.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act and an-
nually thereafter, the Secretary shall submit to Con-
gress a report that describes the impact of migration 
deterrence programs on parents, legal guardians, 
primary caregivers of a child, individuals traveling 
with a spouse, child, or sibling, and individuals who 
present humanitarian considerations or concerns re-
lated to such individual’s physical safety. 
(2) CONTENTS.—Each report required under 
paragraph (1) shall include for the previous year pe-
riod an assessment of— 
(A) the number of apprehended individuals 
removed, repatriated, or referred for prosecu-
tion who are the parent, legal guardian, or pri-
mary caregiver of a child who is a citizen of the 
United States; 
(B) the number of occasions in which both 
parents, or the primary caretaker of such a 
child was removed, repatriated, or referred for 
prosecution as part of a migration deterrence 
program; 
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(C) the number of apprehended individuals 
traveling with a spouse, parent, grandparent, 
sibling, or child who are removed, repatriated, 
or referred for prosecution; and 
(D) the impact of migration deterrence 
programs on public interest factors, including 
humanitarian concerns and physical safety. 
(d) REGULATIONS.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary shall 
promulgate regulations to implement this section. 
SEC. 3. LIMITING DANGEROUS DEPORTATION PRACTICES. 
(a) CERTIFICATION REQUIRED.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act and every 
180 days thereafter, the Secretary, except as pro-
vided in paragraph (2), shall submit to Congress 
written certification that the Department has de-
ported or otherwise removed for a violation of the 
Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) an apprehended individual from the United 
States through an entry or exit point on the south-
ern border only during daylight hours. 
(2) EXCEPTION.—The certification required 
under paragraph (1) shall not apply to the deporta-
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tion or removal of an apprehended individual other-
wise described in such paragraph if— 
(A) the manner of such deportation or re-
moval is justified by a compelling governmental 
interest; and 
(B) such apprehended individual is not an 
unaccompanied alien child and such appre-
hended individual agrees to be deported or re-
moved in such manner after being notified of 
the intended manner of deportation or removal. 
(b) CONSULTATION.—The Secretary shall consult 
with the Secretary of State and with local service providers 
at ports of entry, including shelters, hospitals, and centers 
for deported women and children, when negotiating or re-
negotiating agreements with the Government of Mexico 
and State and local entities governing arrangements for 
the deportation or removal of apprehended individuals to 
determine appropriate hours subject to subsection (a) for 
conducting deportations and removals, and identifying 
safety concerns at deportation and removal sites. 
SEC. 4. SHORT-TERM CUSTODY STANDARDS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary, in con-
sultation with the head of the Office of Civil Rights and 
Civil Liberties of the Department, shall promulgate regu-
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lations establishing short-term custody standards pro-
viding for basic minimums of care at all U.S. Customs 
and Border Protection (CBP) facilities holding individuals 
in CBP custody, including— 
(1) Border Patrol stations; 
(2) ports of entry; 
(3) checkpoints; 
(4) forward operating bases; 
(5) secondary inspection areas; and 
(6) short-term custody facilities. 
(b) REQUIREMENTS.—The regulations promulgated 
in accordance with subsection (a) shall ensure that deten-
tion space capacity will not be exceeded except in emer-
gency circumstances, and that all individuals in CBP cus-
tody receive— 
(1) potable water and a snack, and, if detained 
for more than five hours, a nutritious meal with reg-
ular nutritious meals (at least one of which daily 
must be heated), and snacks, thereafter; 
(2) medically appropriate meals or snacks if 
such individuals are pregnant or have medical needs; 
(3) access to bathroom facilities as well as basic 
toiletries and hygiene items, including soap, a tooth-
brush, toilet paper, and other items appropriate for 
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the age and gender identification of such individuals, 
such as diapers and feminine hygiene products; 
(4) a cot, clean linens, and blankets, if detained 
for more than five hours; 
(5) adequate lighting and climate control that 
achieves a reasonable indoor temperature; 
(6) a physical and mental health screening con-
ducted promptly upon arrival in a manner that com-
plies with the requirements for such screenings spec-
ified in the currently applicable National Commis-
sion for Correctional Health Care Jails Standards, 
as well as information about the availability of, and 
access to, health care services that is communicated 
in a form and language such individual is known to 
understand; 
(7) immediate physical and mental health needs 
addressed by a qualified health care professional as 
soon as possible; 
(8) prompt notice of the ability to make one 
telephone call at any time after arrest, telephone ac-
cess to make such call, and the phone numbers to 
file a complaint with the Office of the Inspector 
General of the Department and the Office for Civil 
Rights and Civil Liberties of the Department; 
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(9) to the extent practicable, a reasonable ac-
commodation to respect such individuals’ religious 
practices; 
(10) all protections under the Prison Rape 
Elimination Act of 2003 (42 U.S.C. 15601 et seq.; 
Public Law 108–79), except that certain protections 
shall not apply at a particular CBP facility if the 
Commissioner of CBP determines that implementa-
tion at that particular facility of such a protection 
would be impracticable; and 
(11) safe transport, including prevention of sex-
ual assault during transfer, including in subcon-
tracted transportation services, while such individ-
uals are transported from a CBP facility. 
(c) FURTHER PROVISIONS.—The Commissioner of 
CBP shall ensure that all individuals in CBP custody— 
(1) have access to consular officials and coun-
sel; 
(2) receive copies of all signed documents; and 
(3) are transferred to an appropriate U.S. Im-
migration and Customs Enforcement or Department 
of Health and Human Services Office of Refugee 
Resettlement facility or are released from short-term 
custody within 48 hours of apprehension. 
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