I 
115TH CONGRESS 
2D SESSION 
H. R. 6182 
To amend the Immigration and Nationality Act to codify President Trump’s 
‘‘Affording Congress an Opportunity to Address Family Separation Exec-
utive Order’’, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 21, 2018 
Mr. DUNCAN of South Carolina introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Com-
mittee on Armed Services, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to codify 
President Trump’s ‘‘Affording Congress an Opportunity 
to Address Family Separation Executive Order’’, 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 ‘‘Codifying President 
Trump’s Affording Congress an Opportunity to Address 
Family Separation Executive Order Act’’. 
VerDate Sep 11 2014 
19:56 Jun 26, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6182.IH
H6182
sradovich on DSK3GMQ082PROD with BILLS
SEC. 2. KEEPING ILLEGAL ALIEN FAMILIES TOGETHER 
WHILE DETAINED. 
At the end of the Immigration and Nationality Act 
(8 U.S.C. 1182), insert the following: 
‘‘SEC. 601. FINDINGS. 
‘‘Congress finds it to be the policy of the United 
States to rigorously enforce our immigration laws. Under 
our laws, the only legal way for an alien to enter this coun-
try is at a designated port of entry at an appropriate time. 
When an alien enters or attempts to enter the country 
anywhere else, that alien has committed at least the crime 
of improper entry and is subject to a fine or imprisonment 
under section 1325(a) of title 8, United States Code. This 
Administration will initiate proceedings to enforce this and 
other criminal provisions of the INA until and unless Con-
gress directs otherwise. It is also the policy of this Admin-
istration to maintain family unity, including by detaining 
alien families together where appropriate and consistent 
with law and available resources. It is unfortunate that 
Congress’s failure to act and court orders have put the 
Administration in the position of separating alien families 
to effectively enforce the law. 
‘‘SEC. 602. DEFINITIONS. 
‘‘For purposes of this Act, the following definitions 
apply: 
‘‘(a) ‘Alien family’ means— 
VerDate Sep 11 2014 
19:56 Jun 26, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6182.IH
H6182
sradovich on DSK3GMQ082PROD with BILLS
‘‘(1) any person not a citizen or national of the 
United States who has not been admitted into, or is 
not authorized to enter or remain in, the United 
States, who entered this country with an alien child 
or alien children at or between designated ports of 
entry and who was detained; and 
‘‘(2) that person’s alien child or alien children. 
‘‘(b) ‘Alien child’ means any person not a citizen or 
national of the United States who— 
‘‘(1) has not been admitted into, or is not au-
thorized to enter or remain in, the United States; 
‘‘(2) is under the age of 18; and 
‘‘(3) has a legal parent-child relationship to an 
alien who entered the United States with the alien 
child at or between designated ports of entry and 
who was detained. 
‘‘SEC. 603. TEMPORARY DETENTION POLICY FOR FAMILIES 
ENTERING THIS COUNTRY ILLEGALLY. 
‘‘(a) The Secretary of Homeland Security (Sec-
retary), shall, to the extent permitted by law and subject 
to the availability of appropriations, maintain custody of 
alien families during the pendency of any criminal im-
proper entry or immigration proceedings involving their 
members. 
VerDate Sep 11 2014 
19:56 Jun 26, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6182.IH
H6182
sradovich on DSK3GMQ082PROD with BILLS
‘‘(b) The Secretary shall not, however, detain an alien 
family together when there is a concern that detention of 
an alien child with the child’s alien parent would pose a 
risk to the child’s welfare. 
‘‘(c) The Secretary of Defense shall take all legally 
available measures to provide to the Secretary, upon re-
quest, any existing facilities available for the housing and 
care of alien families, and shall construct such facilities 
if necessary and consistent with law. The Secretary, to the 
extent permitted by law, shall be responsible for reim-
bursement for the use of these facilities. 
‘‘(d) Heads of executive departments and agencies 
shall, to the extent consistent with law, make available to 
the Secretary, for the housing and care of alien families 
pending court proceedings for improper entry, any facili-
ties that are appropriate for such purposes. The Secretary, 
to the extent permitted by law, shall be responsible for 
reimbursement for the use of these facilities. 
‘‘(e) The Attorney General shall promptly file a re-
quest with the U.S. District Court for the Central District 
of California to modify the Settlement Agreement in Flo-
res v. Sessions, CV 85–4544 (‘Flores settlement’), in a 
manner that would permit the Secretary, under present 
resource constraints, to detain alien families together 
throughout the pendency of criminal proceedings for im-
VerDate Sep 11 2014 
19:56 Jun 26, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6182.IH
H6182
sradovich on DSK3GMQ082PROD with BILLS
proper entry or any removal or other immigration pro-
ceedings. 
‘‘SEC. 604. PRIORITIZATION OF IMMIGRATION PROCEED-
INGS INVOLVING ALIEN FAMILIES. 
‘‘The Attorney General shall, to the extent prac-
ticable, prioritize the adjudication of cases involving de-
tained families. 
‘‘SEC. 605. GENERAL PROVISIONS. 
‘‘(a) Nothing in this bill shall be construed to impair 
or otherwise affect— 
‘‘(1) the authority granted by law to an execu-
tive department or agency, or the head thereof; or 
‘‘(2) the functions of the Director of the Office 
of Management and Budget relating to budgetary, 
administrative, or legislative proposals.’’. 
Æ 
VerDate Sep 11 2014 
19:56 Jun 26, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H6182.IH
H6182
sradovich on DSK3GMQ082PROD with BILLS