I 
115TH CONGRESS 
2D SESSION 
H. R. 6173 
To amend section 235 of the William Wilberforce Trafficking Victims Protec-
tion Reauthorization Act of 2008 to clarify the standards for family 
detention, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 21, 2018 
Mr. KNIGHT introduced the following bill; which was referred to the Com-
mittee 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 jurisdic-
tion of the committee concerned 
A BILL 
To amend section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 to clarify 
the standards for family detention, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CLARIFICATION OF STANDARDS FOR FAMILY 
DETENTION. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
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Act of 2008 (8 U.S.C. 1232) is amended by adding at 
the end the following: 
‘‘(j) CONSTRUCTION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, judicial determination, consent de-
cree, or settlement agreement, the detention of any 
alien child who is not an unaccompanied alien child 
shall be governed by sections 217, 235, 236, and 
241 of the Immigration and Nationality Act (8 
U.S.C. 1187, 1225, 1226, and 1231). There exists 
no presumption that an alien child who is not an un-
accompanied alien child should not be detained, and 
all such determinations shall be in the discretion of 
the Secretary of Homeland Security. 
‘‘(2) RELEASE OF MINORS OTHER THAN UNAC-
COMPANIED ALIENS.—In no circumstances shall an 
alien minor who is not an unaccompanied alien child 
be released by the Secretary of Homeland Security 
other than to a parent or legal guardian. 
‘‘(3) FAMILY
DETENTION.—The Secretary of 
Homeland Security shall— 
‘‘(A) maintain the care and custody of an 
alien, during the period during which the 
charges described in clause (i) are pending, 
who— 
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‘‘(i) is charged only with a mis-
demeanor offense under section 275(a) of 
the Immigration and Nationality Act (8 
U.S.C. 1325(a)); and 
‘‘(ii) entered the United States with 
the alien’s child who has not attained 18 
years of age; and 
‘‘(B) detain the alien with the alien’s 
child.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to all actions that occur 
before, on, or after the date of the enactment of this Act. 
(c) PREEMPTION OF STATE LICENSING REQUIRE-
MENTS.—Notwithstanding any other provision of law, ju-
dicial determination, consent decree, or settlement agree-
ment, no State may require that an immigration detention 
facility used to detain children who have not attained 18 
years of age, or families consisting of one or more of such 
children and the parents or legal guardians of such chil-
dren, that is located in that State, be licensed by the State 
or any political subdivision thereof. 
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SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FAMILY 
DETENTION. 
There are authorized to be appropriated for family 
detention facilities $50,000,000 to the Department of 
Homeland Security—U.S. Customs and Border Protec-
tion—Procurement, Construction, and Improvements ac-
count. 
Æ 
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