I 
115TH CONGRESS 
2D SESSION 
H. R. 6232 
To limit the separation of families including an individual with an 
developmental disability at or near ports of entry. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2018 
Mr. SEAN PATRICK MALONEY of New York (for himself, Ms. BASS, Mr. 
O’HALLERAN, Mr. MEEKS, Mr. COHEN, Ms. CLARKE of New York, Mr. 
PAYNE, Mr. ESPAILLAT, Ms. VELA´ZQUEZ, Mr. CORREA, Ms. TITUS, and 
Mr. MCGOVERN) 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 limit the separation of families including an individual 
with an developmental disability 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 ‘‘Preventing Family 
Separation for Immigrants with Disabilities Act’’. 
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SEC. 2. LIMITATION ON THE SEPARATION OF FAMILIES IN-
CLUDING AN INDIVIDUAL WITH AN DEVELOP-
MENTAL DISABILITY. 
(a) IN GENERAL.—An agent or officer of a des-
ignated agency shall be prohibited from removing a pro-
tected individual from his or her family member, at or 
near the port of entry or within 100 miles of the border 
of the United States, unless one of the following has oc-
curred: 
(1) A State court, authorized under State law, 
terminates the rights of a family member, deter-
mines that it is in the best interests of the protected 
individual to be removed from his or her family 
member, in accordance with the Adoption and Safe 
Families Act of 1997 (Public Law 105–89), or 
makes any similar determination that is legally au-
thorized under State law. 
(2) An official from the State or county welfare 
agency with expertise in trauma and development 
and an official from the State protection and advo-
cacy system make a best interests determination 
that it is in the best interests of the protected indi-
vidual to be removed from his or her family member 
because the protected individual is in danger of 
abuse or neglect at the hands of the family member, 
or is a danger to herself or others. 
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(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 protected individual 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 a family member of the protected 
individual; or 
(C) the protected individual is in danger of 
abuse or neglect at the hands of the family 
member, or is a danger to themselves or others. 
(b) PROHIBITION ON SEPARATION.—An agency may 
not remove a protected individual from a family member 
solely for the policy goal of deterring individuals from mi-
grating to the United States or for the policy goal of pro-
moting compliance with civil immigration laws. 
(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. 
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SEC. 3. REQUIRED INFORMATION FOR SEPARATED FAMI-
LIES. 
Not less frequently than once every month, the Sec-
retary shall provide the family member of a protected indi-
vidual who was separated, the following information, at 
a minimum: 
(1) A status report on the monthly activities of 
the protected individual. 
(2) Information about the education and health 
of the protected individual, including any medical 
treatment provided to the individual or medical 
treatment recommended for the individual. 
(3) Information about changes to the individ-
ual’s immigration status, as well as information 
about the State protection and advocacy office that 
has monitoring authority. 
(4) Other information about the individual, de-
signed to promote and maintain family reunification, 
as the Secretary determines in his or her discretion. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) AGENT; OFFICER.—The terms ‘‘agent’’ and 
‘‘officer’’ include contractors of the Federal Govern-
ment. 
(2) DANGER OF ABUSE OR NEGLECT AT THE 
HANDS OF THE FAMILY MEMBER.—The term ‘‘dan-
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ger of abuse or neglect at the hands of the family 
member’’ shall not mean migrating to or crossing 
the United States border. 
(3) 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. 
(4) DISABILITIES SPECIALIST.—The term ‘‘dis-
abilities specialist’’ means an individual with exper-
tise working with individuals with a disability who 
is— 
(A) a physician; 
(B) an osteopath; or 
(C) a psychologist. 
(5) FINDING.—The term ‘‘finding’’ means an 
individualized written assessment or screening by the 
trained agent or officer that includes a consultation 
with a disabilities specialist, formalized as required 
under section 1(c). 
(6) PROTECTED INDIVIDUAL.—The term ‘‘pro-
tected individual’’ means an individual who— 
(A) has an developmental disability; and 
(B) has no permanent immigration status. 
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(7) SECRETARY.—Unless otherwise specified, 
the term ‘‘Secretary’’ means the Secretary of Home-
land Security. 
Æ 
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