(1) The Federal Government has intentionally 
separated and detained families seeking asylum in 
the United States purportedly to deter other foreign 
nationals from coming to the United States in the 
future. Such method of deterrence is ineffective, con-
trary to human rights norms, and likely violates 
United States and international law. 
(2) On September 7, 2018, the Secretary of 
Homeland Security issued a proposed rule entitled 
‘‘Apprehension, Processing, Care, and Custody of 
Alien Minors and Unaccompanied Alien Children’’ 
(83 Fed. Reg. 45486 (September 7, 2018)) that at-
tempted to circumvent a 1997 court agreement com-
monly known as the ‘‘Flores Settlement Agreement’’ 
to undermine current legal protections for children 
and families and increase family detention. 
(3) Detaining families can have long-term con-
sequences on children, such as— 
(A) difficulty regulating emotions, achiev-
ing developmental milestones, and forming 
healthy relationships; 
(B) increased rates of anxiety, depression, 
and post-traumatic stress disorder; and 
(C) heightened risks of suicide and self- 
harm. 
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(4) When family units are placed in family de-
tention facilities— 
(A) family members experience feelings of 
isolation and increased stress; 
(B) the ability of the parents to care for 
their children is compromised by the constraints 
of detention; and 
(C) the detention setting creates barriers 
to— 
(i) accessing counsel and legal serv-
ices; and 
(ii) successfully obtaining relief from 
removal. 
(5) Nondetention-based practices, such as fam-
ily case management and community-based pro-
grams, are effective and humane alternatives to fam-
ily detention. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on the Judiciary and 
the Committee on Appropriations of the Senate; 
and 
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(B) the Committee on the Judiciary and 
the Committee on Appropriations of the House 
of Representatives. 
(2) DETAIN.—With respect to an individual, the 
term ‘‘detain’’ means to compel an individual to stay 
in a location from which the individual cannot leave 
on his or her own free will. 
(3) FAMILY RESIDENTIAL CENTER.—The term 
‘‘family residential center’’ means a facility that de-
tains 1 or more noncitizen families. 
(4) 
NONCITIZEN.—The 
term 
‘‘noncitizen’’ 
means an individual who is not a citizen or national 
of the United States. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 4. PROHIBITION ON USE OF FUNDS FOR FAMILY DE-
TENTION CENTERS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, none of the amounts made available after the 
date of the enactment of this Act for any fiscal year may 
be obligated or expended to operate or construct a family 
residential center, whether directly operated by U.S. Im-
migration and Customs Enforcement or by another gov-
ernmental or nongovernmental contractor. 
(b) PREVIOUSLY AUTHORIZED EXPENDITURES.— 
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(1) IN GENERAL.—Beginning on the date that 
is 30 days after the date of the enactment of this 
Act, none of the amounts made available before such 
date of enactment for the purpose of operating or 
constructing a family residential center may be used 
for such purpose. 
(2) PROHIBITION ON TRANSFER.—None of the 
amounts made available before the date of the enact-
ment of this Act may be reprogrammed or trans-
ferred for the purpose of operating or constructing 
a family residential center. 
(c) ALTERNATIVES TO DETENTION.— 
(1) TRANSFER OF FUNDS.—Amounts obligated 
to operate a family residential center as of the date 
of the enactment of this Act shall be transferred for 
the implementation and development of appropriate 
community-based nondetention programs consistent 
with international best practices for noncitizen fami-
lies. 
(2) NONPROFIT
ENTITY
CONTRACTING
PART-
NER.— 
(A) IN
GENERAL.—The Secretary shall 
contract with 1 or more community-based quali-
fied nonprofit service providers that have the 
trust of their communities for the operation of 
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appropriate community-based nondetention pro-
grams. 
(B) LIMITATION
ON
INDIVIDUALS
WHO 
MAY
SERVE
AS
DESIGNEES.—The Secretary 
may only designate the responsibility under 
subparagraph (A) to an individual employed by 
the Office of the Secretary. 
(3) PARTICIPATION.—A noncitizen family enter-
ing the United States that is apprehended by the 
Secretary may be placed in a nondetention program 
under this subsection if the Secretary makes an indi-
vidualized determination that participation in the 
program will facilitate the family’s compliance with 
the immigration laws (as defined in section 101(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a))). 
(4) LEGAL ORIENTATION.—To facilitate partici-
pant compliance with legal requirements, a non-
detention program under this subsection shall in-
clude— 
(A) a legal orientation for each participant 
in the program; and 
(B) meaningful access to counsel. 
(5) CASE MANAGEMENT TRAINING.— 
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(A) IN
GENERAL.—The Secretary shall 
provide case management training for all per-
sonnel of a nondetention program under this 
subsection, including personnel of— 
(i) the Department of Homeland Se-
curity; and 
(ii) the nonprofit entity contracted 
under paragraph (2). 
(B) BEST PRACTICES.—The training under 
subparagraph (A) shall— 
(i) be based on international and so-
cial welfare best practices relating to immi-
gration and refugee case management; and 
(ii) include consultation with civil soci-
ety experts with expertise in case manage-
ment. 
(d) RULE OF CONSTRUCTION.—Nothing in this Act 
may be construed to endorse the separation of noncitizen 
families who enter the United States at or between ports 
of entry. 
SEC. 5. FEASIBILITY REVIEW OF TRANSFERRING ALTER-
NATIVES TO DETENTION PROGRAM. 
The Secretary shall review the feasibility of transfer-
ring case management programs out of the purview of 
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