I 
116TH CONGRESS 
1ST SESSION 
H. R. 532 
To require the Secretary of Homeland Security to use alternatives to detention 
for certain vulnerable immigrant populations, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 14, 2019 
Mr. BROWN of Maryland (for himself, Mr. AGUILAR, Mr. CARBAJAL, Mr. 
COHEN, Ms. CLARKE of New York, Mr. GOMEZ, Ms. JACKSON LEE, Mr. 
JOHNSON of Georgia, Ms. NORTON, Ms. PINGREE, Ms. SCHAKOWSKY, 
Mr. TAKANO, Mrs. WATSON COLEMAN, and Ms. OMAR) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To require the Secretary of Homeland Security to use alter-
natives to detention for certain vulnerable immigrant 
populations, 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 ‘‘Alternatives to Deten-
tion Act of 2019’’. 
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SEC. 2. ALTERNATIVES TO DETAINING UNDOCUMENTED IN-
DIVIDUALS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish programs that provide alternatives to 
detaining individuals under the immigration laws (as de-
fined in section 101(a)(17) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(17))), whether such deten-
tion is pending a decision on whether the individual is to 
be removed from the United States or after the issuance 
of a removal order. The programs shall provide for a con-
tinuum of supervision mechanisms and options, including 
community-based supervision and community support. 
The Secretary may contract with nongovernmental com-
munity-based organizations to provide services under such 
programs, which may include case management services, 
appearance assistance services, and screenings of individ-
uals who have been detained. 
(b) DETERMINATION OF VULNERABLE POPULATION 
OR CAREGIVER STATUS REQUIRED.— 
(1) IN
GENERAL.—Not later than 48 hours 
after taking an individual described in subsection (a) 
into custody, the Secretary or the immigration judge 
shall make a determination whether an individual 
may participate in an alternatives to detention pro-
gram and determine the appropriate level of super-
vision. 
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(2) SPECIAL RULE.—If the individual is mem-
ber of a vulnerable population described in sub-
section (c), is a parent of a child under 18 years of 
age, or is dependent caregiver or a family caregiver, 
the individual may not be detained and must be 
placed in an alternatives to detention program that 
is a community-based supervision program. 
(3) EXCEPTIONS.—Alternative to detention pro-
grams shall not be used— 
(A) for individuals detained under section 
236A of the Immigration and Nationality Act 
(8 U.S.C. 1226a); or 
(B) when release on bond or recognizance 
is determined to be a sufficient measure to en-
sure appearances at immigration proceedings 
and public safety. 
(c) VULNERABLE
POPULATION.—In determining 
whether to place a detainee in an alternatives to detention 
program, the Secretary shall consider whether the de-
tainee— 
(1) is an asylum seeker or victim of torture or 
trafficking; 
(2) has special religious, cultural, or spiritual 
considerations; 
(3) is pregnant or nursing; 
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(4) is under 21 years of age or older than 60 
years of age; 
(5) identifies as gay, lesbian, bisexual, trans-
gender, or intersex; 
(6) is a victim or witness of a crime; 
(7) has a mental disorder or physical disability; 
or 
(8) has been determined by an immigration 
judge or the Secretary of Homeland Security to be 
experiencing severe trauma or to be a survivor of 
torture or gender-based violence, based on informa-
tion obtained during intake, from the individual’s at-
torney or legal services provider, or through credible 
self-reporting. 
(d) COORDINATOR OF ALTERNATIVES TO DETEN-
TION AND FAMILY REUNIFICATION.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish in the Department of Home-
land Security the position of Coordinator of Alter-
natives to Detention and Family Reunification (‘‘Co-
ordinator’’). The Coordinator shall be selected by the 
President and shall be appointed by, and report di-
rectly to, the Secretary. Subject to the availability of 
appropriations, the Secretary shall make available to 
the Coordinator such personnel, funds, and other re-
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sources as may be appropriate to enable the Coordi-
nator to carry out the Coordinator’s mission. 
(2) MISSION AND DUTIES OF COORDINATOR.— 
(A) MISSION.—The Coordinator’s mission 
shall be to work with the executive departments 
(as defined in section 101 of title 5, United 
States Code) to coordinate— 
(i) the use of alternatives to detention 
programs; and 
(ii) the reunification of parents with 
children separated from them by the Sec-
retary at or near a port of entry into the 
United States, or within 100 miles of an 
international border of the United States. 
(B) DUTIES OF COORDINATOR.— 
(i) IN
GENERAL.—The Coordinator 
shall serve as the primary point of contact 
within the executive branch with the Con-
gress, State and local governments, the 
private sector, and community leaders re-
garding the policies and programs de-
scribed in clauses (i) and (ii) of subpara-
graph (A). Working with the input of the 
executive departments, the Coordinator 
shall be responsible for managing informa-
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tion flow, requests for actions, and discus-
sions regarding such policies and programs 
with the Congress, State and local govern-
ments, the private sector, and community 
leaders. 
(ii) REPORT.—Not later than 30 days 
after the date of the appointment of the 
Coordinator, the Coordinator shall issue a 
report to the Congress on the status of— 
(I) detentions under the immi-
gration laws (as defined in section 
101(a)(17) of the Immigration and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(17))) pending a decision on 
whether an individual is to be re-
moved or after the issuance of a re-
moval order; and 
(II) reunification of parents and 
children separated by the Secretary at 
or near a port of entry into the 
United States, or within 100 miles of 
an international border of the United 
States. 
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(C) DUTIES
OF
EXECUTIVE
DEPART-
MENTS.—The heads of the executive depart-
ments— 
(i) shall respond promptly to any re-
quest by the Coordinator; 
(ii) shall, consistent with applicable 
law, provide such information as the Coor-
dinator deems necessary to carry out the 
Coordinator’s mission; and 
(iii) otherwise shall cooperate with the 
Coordinator to the greatest extent prac-
ticable to facilitate the performance of the 
Coordinator’s mission. 
(3) CONSTRUCTION.—Nothing in this sub-
section shall be construed to impair or otherwise af-
fect— 
(A) the authority granted by law to an ex-
ecutive department or the head thereof; 
(B) the functions of the Director of the Of-
fice of Management and Budget relating to 
budget, administrative, or legislative proposals; 
or 
(C) the chain of command over the Armed 
Forces provided in section 162(b) of title 10, 
United States Code. 
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(B) a spouse; 
(C) a child; 
(D) a step-family member; or 
(E) an extended family member. 
(4) The term ‘‘parent’’ means— 
(A) a biological or adoptive parent of a 
child, whose parental rights have not been relin-
quished or terminated under State law or the 
law of a foreign country; or 
(B) a legal guardian under State law or 
the law of a foreign country. 
Æ 
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