I 
115TH CONGRESS 
2D SESSION 
H. R. 7396 
To require the Secretary of Homeland Security to develop a strategy to 
implement policies and procedures, including the deployment of resources, 
to ensure the safety of children in CBP and ICE custody, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 21, 2018 
Mrs. TORRES (for herself, Mr. VARGAS, and Mr. MCGOVERN) 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 committee con-
cerned 
A BILL 
To require the Secretary of Homeland Security to develop 
a strategy to implement policies and procedures, includ-
ing the deployment of resources, to ensure the safety 
of children in CBP and ICE custody, 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 ‘‘Border Security and 
Child Safety Act’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) On December 8, 2018, Jakelin Caal, a 7- 
year-old child of Guatemalan origin, died after 
spending approximately 25 hours in U.S. Customs 
and Border Protection (CBP) care. 
(2) CBP failed to report the death to Congress, 
despite statutory requirements that CBP report 
deaths in CBP custody to Congress within 24 hours, 
and did not publicly disclose the death until the 
Washington Post reported it. 
(3) According to the Department of Homeland 
Security (DHS)’s December 14, 2018, statement, 
Jakelin Caal’s father reported to CBP agents that 
she had become sick and was vomiting at 5 a.m. on 
December 7, 2018, but received no medical treat-
ment until at least 6:30 a.m. on the same date. In-
stead, she was transported via bus, with no medical 
personnel present, to the Lordsburg Border Patrol 
station, which was 90 minutes away. 
(4) According to a 2016 DHS Inspector Gen-
eral report, at least one forward operating base has 
experienced periodic issues with water contamina-
tion. 
(5) On May 10, 2018, Mariee Juarez, a toddler 
of Guatemalan origin, died shortly after being re-
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leased from U.S. Immigration and Customs Enforce-
ment (ICE) custody, where she had developed a res-
piratory infection. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that all United States 
Government agencies, including those agencies tasked with 
enforcing immigration laws, should prioritize the health 
and safety of children within their care. 
SEC. 4. POLICY REVIEW. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall submit to the appropriate congres-
sional committees and make public on the website of the 
Department of Homeland Security a review of all policies 
and procedures impacting the safety and health of children 
in custody of CBP and ICE. 
(b) MATTERS TO BE INCLUDED.—The review re-
quired under subsection (a) shall include the following: 
(1) An assessment of the suitability of forward 
operating bases of the Department of Homeland Se-
curity for the temporary detention of children appre-
hended by U.S. Border Patrol agents. 
(2) A review of CBP’s transport, escort, deten-
tion, and search policies. 
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