I 
116TH CONGRESS 
1ST SESSION H. R. 3918 
To protect the health and safety of children in immigration detention, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 23, 2019 
Ms. MENG (for herself, Ms. MOORE, Ms. VELA´ZQUEZ, Mr. CARSON of Indiana, 
Mr. MCGOVERN, Ms. HAALAND, Mr. ESPAILLAT, Mr. WELCH, Mrs. 
KIRKPATRICK, Mr. COSTA, Mr. SUOZZI, Ms. NORTON, Ms. JACKSON LEE, 
Mr. MEEKS, Mr. RUSH, Mr. RUPPERSBERGER, Ms. WILSON of Florida, 
Mrs. NAPOLITANO, Ms. LEE of California, Mr. DEFAZIO, and Mr. BLU-
MENAUER) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Homeland 
Security, and Financial Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To protect the health and safety of children in immigration 
detention, 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; PURPOSE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Stop Cruelty to Migrant Children Act’’. 
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(b) PURPOSE.—The purpose of this Act is to reaffirm 
that— 
(1) the Federal Government is responsible for 
the health, safety, and well-being of children and 
families in the custody of the Federal Government; 
(2) children and families should only be in the 
custody of the Federal Government for as little time 
as possible; and 
(3) during any period in which children or fami-
lies are in the custody of the Federal Government— 
(A) they should be treated with dignity, re-
spect, and care; and 
(B) every effort should be made to mini-
mize trauma, isolation, and conditions resem-
bling prison. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ALIEN.—The term ‘‘alien’’ has the meaning 
given the term in section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)). 
(2) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Appropriations, the 
Committee on Homeland Security and Govern-
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mental Affairs, the Committee on Health, Edu-
cation, Labor, and Pensions, and the Com-
mittee on the Judiciary of the Senate; and 
(B) the Committee on Appropriations, the 
Committee on Homeland Security, the Com-
mittee on Education and Labor, and the Com-
mittee on the Judiciary of the House of Rep-
resentatives. 
(3) CHILD.—The term ‘‘child’’ means an indi-
vidual who— 
(A) has not attained 18 years of age; and 
(B) does not have permanent immigration 
status in the United States. 
(4) DETAINED
INDIVIDUAL.—The term ‘‘de-
tained individual’’ means any individual, including 
an unaccompanied alien child, held in immigration 
detention under the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.). 
(5) INFLUX.—The term ‘‘influx’’ means a pe-
riod during which— 
(A) not less than 95 percent of the avail-
able beds in permanent shelters for unaccom-
panied alien children are occupied; and 
(B) the average length of care for unac-
companied alien children in custody of the Sec-
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retary of Health and Human Services exceeds 
35 days. 
(6) INFLUX CARE FACILITY.—The term ‘‘influx 
care facility’’ means an Office of Refugee Resettle-
ment facility that is operated to provide temporary 
emergency shelter and services for unaccompanied 
alien children during an influx or emergency. 
(7) OFFICE OF REFUGEE RESETTLEMENT FA-
CILITY.—The term ‘‘Office of Refugee Resettlement 
facility’’ means any facility at which unaccompanied 
alien children are in the care and custody of the Sec-
retary of Health and Human Services. 
(8) STANDARD
CARE
FACILITY.—The term 
‘‘standard care facility’’ means an Office of Refugee 
Resettlement facility— 
(A) that provides residential care for unac-
companied alien children; and 
(B) at which all programmatic components 
are administered onsite and in the least restric-
tive environment. 
(9) UNACCOMPANIED ALIEN CHILD.—The term 
‘‘unaccompanied alien child’’ has the meaning given 
the term in section 462(g) of the Homeland Security 
Act of 2002 (6 U.S.C. 279(g)). 
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SEC. 3. ENSURING THAT FAMILIES REMAIN TOGETHER. 
(a) LIMITATION
ON
THE SEPARATION
OF FAMI-
LIES.— 
(1) IN GENERAL.—An agent or officer of U.S. 
Customs and Border Protection shall not remove a 
child from his or her parent or legal guardian at or 
near a port of entry or within 100 miles of the bor-
der of the United States unless one of the following 
situations has occurred: 
(A) A State court, authorized under State 
law— 
(i) terminates the rights of the parent 
or legal guardian; 
(ii) determines that it is in the best 
interests of the child to be removed from 
the parent or legal guardian, in accordance 
with the Adoption and Safe Families Act 
of 1997 (Public Law 105–89); or 
(iii) makes any similar determination 
that is legally authorized under State law. 
(B) An official from the State or county 
child welfare agency with expertise in child 
trauma and development determines that it is 
in the best interests of the child to be removed 
from the parent or legal guardian because the 
child is— 
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(i) in danger of abuse or neglect at 
the hands of the parent or legal guardian; 
or 
(ii) a danger to himself or herself or 
to others. 
(C) The Chief Patrol Agent or the Area 
Port Director, in his or her official and 
undelegated capacity, authorizes separation, on 
the recommendation by an agent or officer of 
U.S. Customs and Border Protection, based on 
a finding that— 
(i) the child is a victim of trafficking 
or is at significant risk of becoming a vic-
tim of trafficking; 
(ii) there is a strong likelihood that 
the adult is not the parent or legal guard-
ian of the child; or 
(iii) the child is in danger of abuse or 
neglect at the hands of the parent or legal 
guardian, or is a danger to himself or her-
self or to others. 
(2) PROHIBITION ON SEPARATION.—A Federal 
agency may not remove a child from a parent or 
legal guardian solely for the policy goal of— 
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(A) deterring individuals from migrating to 
the United States; or 
(B) promoting compliance with civil immi-
gration law. 
(3) DOCUMENTATION
REQUIRED.—The Sec-
retary shall ensure that a separation based on a sit-
uation described in paragraph (1)(C)— 
(A) is documented in writing; and 
(B) includes— 
(i) the reason for such separation; and 
(ii) the stated evidence for such sepa-
ration. 
(b) 
RECOMMENDATIONS
FOR
SEPARATION
BY 
AGENTS OR OFFICERS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary, in consultation with the Secretary of Health 
and Human Services, shall develop training and 
guidance, with an emphasis on the best interests of 
the child, on childhood trauma, attachment, and 
child development, for use by the agents and officers 
of U.S. Customs and Border Protection, so as to 
standardize separations authorized under subsection 
(a)(1)(C). 
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(2) ANNUAL REVIEW.—Not less frequently than 
annually, the Secretary of Health and Human Serv-
ices shall— 
(A) review the guidance developed under 
paragraph (1); and 
(B) make recommendations to the Sec-
retary to ensure that such guidance conforms to 
current evidence and best practices in child wel-
fare, child development, and childhood trauma. 
(3) REQUIREMENT.—The guidance developed 
under paragraph (1) shall incorporate the presump-
tions described in subsection (c). 
(4) ADDITIONAL REQUIREMENTS.— 
(A) EVIDENCE-BASED.—The guidance and 
training developed under this subsection shall 
incorporate evidence-based practices. 
(B) TRAINING REQUIRED.— 
(i) INITIAL
TRAINING.—All agents 
and officers of U.S. Customs and Border 
Protection, on hire, and annually there-
after, shall complete training on adherence 
to the guidance developed under this sub-
section. 
(ii) ANNUAL
TRAINING.—All Chief 
Patrol Agents and Area Port Directors, on 
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hire, and annually thereafter, shall com-
plete— 
(I) training on adherence to the 
guidance developed under this sub-
section; and 
(II) 90 minutes of child welfare 
practice training that is evidence- 
based and trauma-informed. 
(c) PRESUMPTIONS.—The presumptions described in 
this subsection are the following: 
(1) FAMILY UNITY.—There shall be a strong 
presumption in favor of family unity. 
(2) SIBLINGS.—To the maximum extent prac-
ticable, the Secretary shall ensure that sibling 
groups remain intact. 
(3) DETENTION.—There is a presumption that 
detention is not in the best interests of families and 
children. 
(d) REQUIRED POLICY FOR LOCATING SEPARATED 
CHILDREN.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall publish final public guidance that de-
scribes, with specificity, the manner in which a par-
ent or legal guardian may locate a child who was 
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separated from the parent or legal guardian under 
subsection (a)(1). 
(2) CONSULTATION.—In developing such public 
guidance, the Secretary shall consult with the Sec-
retary of Health and Human Services, immigrant 
advocacy organizations, child welfare organizations, 
and State child welfare agencies. 
(3) WRITTEN
NOTIFICATION.—The Secretary 
shall provide each parent or legal guardian who was 
separated from a child under subsection (a)(1) with 
written notice of such public guidance. 
(4) LANGUAGE ACCESS.—Such public guidance 
shall be— 
(A) available in English and Spanish; and 
(B) at the request of the parent or legal 
guardian, made available in the language or 
manner that is understandable by the parent or 
legal guardian. 
(e) REQUIRED INFORMATION FOR SEPARATED FAMI-
LIES.—Not less frequently than monthly, the Secretary 
shall provide the parent or legal guardian of a child who 
was separated— 
(1) a status report on the monthly activities of 
the child; 
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(2) information about the education and health 
of the child, including any medical treatment pro-
vided to the child or medical treatment rec-
ommended for the child; 
(3) information about changes to the immigra-
tion status of the child; and 
(4) any other information about the child, de-
signed to promote and maintain family reunification, 
as the Secretary determines in his or her discretion. 
(f) ANNUAL REPORT ON FAMILY SEPARATION.—Not 
later than one year after the date of the enactment of this 
Act, and annually thereafter, the Secretary shall submit 
a report to the committees of jurisdiction that— 
(1) describes each instance in which a child was 
separated from a parent or legal guardian; and 
(2) includes, for each such instance— 
(A) the relationship of the adult and the 
child; 
(B) the age and gender of the adult and 
child; 
(C) the length of separation; 
(D) whether the adult was charged with a 
crime, and if the adult was charged with a 
crime, the type of crime; 
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(E) whether the adult made a claim for 
asylum, expressed a fear to return, or applied 
for other immigration relief; 
(F) whether the adult was prosecuted if 
charged with a crime and the associated out-
come of such charges; 
(G) the stated reason for, and evidence in 
support of, the separation; 
(H) if the child was part of a sibling group 
at the time of separation, whether the sibling 
group has had physical contact and visitation; 
(I) whether the child was rendered an un-
accompanied alien child; and 
(J) any other information, as determined 
by the Secretary. 
(g) CLARIFICATION
OF PARENTAL RIGHTS.—If a 
child is separated from a parent or legal guardian and a 
State court has not made a determination that the paren-
tal rights have been terminated, there is a presumption 
that— 
(1) the parental rights remain intact; and 
(2) the separation does not constitute an af-
firmative determination of abuse or neglect under 
Federal or State law. 
(h) CLARIFICATION OF EXISTING LAW.— 
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(1) FEDERAL
LAW.—Nothing in this section 
may be interpreted to supersede or modify Federal 
child welfare law, as applicable, including the Adop-
tion and Safe Families Act of 1997 (Public Law 
105–89). 
(2) STATE LAW.—Nothing in this section may 
be interpreted to supersede or modify any State 
child welfare law. 
(i) GAO REPORT
ON PROSECUTION
OF ASYLUM 
SEEKERS.— 
(1) STUDY.—The Comptroller General of the 
United States shall conduct a study on the prosecu-
tion of asylum seekers during the ten-year period 
ending on the date of the enactment of this Act. 
(2) ELEMENTS.—The study conducted under 
paragraph (1) shall include the following: 
(A) The total number of persons who 
claimed fear of persecution, received a favorable 
credible fear determination, and were referred 
for prosecution. 
(B) An overview and analysis of the 
metrics used by the Department of Homeland 
Security and the Department of Justice to 
track the number of asylum seekers referred for 
prosecution. 
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(C) The total number of asylum seekers 
referred for prosecution, a breakdown and de-
scription of the criminal charges filed against 
asylum seekers during such period, and a 
breakdown and description of the convictions 
secured. 
(D) The total number of asylum seekers 
who were separated from their children as a re-
sult of being referred for prosecution. 
(E) A description of— 
(i) the amounts spent on prosecuting 
asylum seekers during such period; 
(ii) the diversion of resources required 
to prosecute asylum seekers; and 
(iii) any costs imposed on States and 
localities. 
(F) The total number of asylum seekers 
who— 
(i) were referred for prosecution; and 
(ii) were subject to immigration pro-
ceedings. 
(G) The total number of asylum seekers 
referred for prosecution who were deported be-
fore going through immigration proceedings. 
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(3) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Comptroller 
General shall submit a report to Congress that de-
scribes the results of the study conducted under 
paragraph (1). 
(j) DEFINITIONS.—In this section: 
(1) AGENT; OFFICER.—The terms ‘‘agent’’ and 
‘‘officer’’ include contractors of the Federal Govern-
ment. 
(2) COMMITTEES OF JURISDICTION.—The term 
‘‘committees of jurisdiction’’ means— 
(A) the Committee on the Judiciary and 
the Committee on Health, Education, Labor, 
and Pensions of the Senate; and 
(B) the Committee on the Judiciary and 
the Committee on Education and Labor of the 
House of Representatives. 
(3) DANGER OF ABUSE OR NEGLECT AT THE 
HANDS OF THE PARENT OR LEGAL GUARDIAN.—The 
term ‘‘danger of abuse or neglect at the hands of the 
parent or legal guardian’’ shall not mean migrating 
to or crossing the United States border. 
(4) FINDING.—The term ‘‘finding’’ means an 
individualized written assessment or screening by the 
trained agent or officer that includes a consultation 
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with, and concurrence from, a child welfare spe-
cialist, formalized as required under subsection 
(a)(3) and consistent with subsections (b), (c), and 
(g). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 4. HEALTH AND SAFETY PROTECTIONS FOR DETAINED 
CHILDREN. 
(a) FLORES SETTLEMENT AGREEMENT.— 
(1) IN GENERAL.—A family unit may be de-
tained only in accordance with the holding in Flores 
v. Sessions et al. (9th Cir. July 5, 2017; C.D. CA; 
July 24, 2015) and the stipulated settlement agree-
ment as filed in the United States District Court for 
the Central District of California on January 17, 
1997 (CV 85 4544 RJK), including all subsequent 
court decisions and interpretations (referred to in 
this section as the ‘‘Flores settlement agreement’’). 
(2) RULEMAKING.—Any regulation proposed or 
promulgated to supersede the Flores settlement 
agreement shall have no force or effect. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
Act may be construed— 
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(A) to affect the application of the Flores 
settlement agreement to unaccompanied alien 
children; or 
(B) to abrogate the Flores settlement 
agreement. 
(4) 
REVIEW
OF
DETENTION
DETERMINA-
TIONS.—The review of any determination by the 
Secretary of Homeland Security to detain an indi-
vidual or a family unit under this subsection shall be 
in accordance with all other provisions of law, hold-
ings (including any holding made in Flores v. Ses-
sions et al. (9th Cir. July 5, 2017; C.D. CA; July 
24, 2015)), consent decrees, and settlement agree-
ments (including the Flores settlement agreement). 
(b) PROMPT MEDICAL ASSESSMENTS FOR DETAINED 
CHILDREN.— 
(1) BODY TEMPERATURE CHECK ON INTAKE.— 
With respect to a child in the custody of the Sec-
retary of Homeland Security, not later than one 
hour after the time at which the initial intake of 
such child is completed, the Secretary of Homeland 
Security shall ensure that the child receives a body 
temperature check. 
(2) MEDICAL EVALUATION BY MEDICAL PRO-
FESSIONAL WITH PEDIATRIC TRAINING.—Not later 
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than 48 hours after the time at which a child is 
taken into the custody of the Secretary of Homeland 
Security, the Secretary shall ensure that the child 
receives a medical evaluation by a medical profes-
sional with specialized pediatric training— 
(A) to determine whether the child has any 
health or safety concerns; and 
(B) that includes a measurement of all 
vital signs and a body temperature check. 
(3) 
SPECIALIZED
TRAINING
FOR
PUBLIC 
HEALTH SERVICE COMMISSIONED CORPS.—The Sec-
retary of Homeland Security shall enter into a 
memorandum of understanding with the Public 
Health Service Commissioned Corps and the Sec-
retary of Health and Human Services to provide 
specialized training relating to migration for the 
Public Health Service Commissioned Corps to sup-
port deployment at Office of Refugee Resettlement 
facilities and U.S. Customs and Border Protection 
facilities during any period in which high numbers 
of unaccompanied alien children and families arrive 
at the Southern border. 
(c) DETENTION STANDARDS FOR U.S. CUSTOMS AND 
BORDER PROTECTION FACILITIES.—With respect to any 
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U.S. Customs and Border Protection facility, the Sec-
retary of Homeland Security shall ensure that— 
(1) the facility— 
(A) complies with the standards of the 
U.S. Customs and Border Protection entitled 
‘‘National Standards on Transport, Escort, De-
tention, and Search’’ issued in October 2015; 
(B) remains at an appropriate tempera-
ture; 
(C) is properly ventilated; 
(D) has adequate supervision and other 
safeguards to protect detained children from 
other detained individuals; and 
(E) has a child welfare specialist on staff, 
or has prompt access to a child welfare spe-
cialist, for purposes of making a finding under 
section 3(a)(1)(C); 
(2) each detained individual is provided— 
(A) not fewer than three healthy and nu-
tritious meals daily, in accordance with the 
most recent dietary guidelines of the Depart-
ment of Agriculture, that— 
(i) in the case of an adult who is not 
pregnant or breastfeeding, provide a total 
of not fewer than 2,000 calories; or 
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(ii) in the case of a detained child or 
an 
individual 
who 
is 
pregnant 
or 
breastfeeding, meet, as applicable— 
(I) the nutrition standards for 
the school lunch program authorized 
under the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et 
seq.) and the school breakfast pro-
gram established by section 4 of the 
Child Nutrition Act of 1966 (42 
U.S.C. 1773); or 
(II) the nutrition standards es-
tablished under the special supple-
mental nutrition program for women, 
infants, and children established by 
section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786); 
(B) not less than 1 gallon of clean drink-
ing water daily, including age-appropriate liq-
uids; 
(C) regular access to hygiene products, in-
cluding— 
(i) soap; 
(ii) a toothbrush and toothpaste; 
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(iii) not fewer than one full change of 
clothing; 
(iv) a towel; 
(v) toilet paper; 
(vi) feminine hygiene products, as ap-
plicable; 
(vii) prenatal vitamins, as applicable; 
and 
(viii) diaper changing materials, as 
applicable, including— 
(I) a clean diaper changing sta-
tion; 
(II) diapers in the appropriate 
size; 
(III) diaper rash ointment; 
(IV) baby wipes; and 
(V) diaper disposal receptacles; 
(D) regular access to showers, sinks, and 
toilets; and 
(E) an opportunity to contact any family 
member with whom the detained individual was 
apprehended; and 
(3) in the case of a detained individual the pre-
scription medication of whom is confiscated on ap-
prehension, not later than six hours after the time 
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at which the detained individual arrives at a U.S. 
Customs and Border Protection facility, a medical 
professional, or in the case of a child, a medical pro-
fessional with pediatric training reviews such confis-
cation and makes a determination whether the medi-
cation shall be— 
(A) kept by the detained individual in his 
or her possession for regular use during deten-
tion; 
(B) properly stored by U.S. Customs and 
Border Protection officials, with appropriate ac-
cess for regular use by the detained individual 
during detention; or 
(C) stored with the personal property of 
the detained individual. 
(d) DETENTION STANDARDS FOR U.S. IMMIGRATION 
AND CUSTOMS ENFORCEMENT.—The Secretary of Home-
land Security shall ensure the full compliance of each U.S. 
Immigration and Customs Enforcement detention system 
facility, including each contract facility and each local or 
county jail operating under an intergovernmental service 
agreement, with, at a minimum, the standards of U.S. Im-
migration and Customs Enforcement entitled ‘‘Perform-
ance-Based National Detention Standards 2011’’, as re-
vised in December 2016. 
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(e) CARE AND CUSTODY STANDARDS FOR OFFICE OF 
REFUGEE RESETTLEMENT FACILITIES.— 
(1) NEW CONTRACTS.—On the maturation of 
any existing contract to house unaccompanied alien 
children, the Secretary of Health and Human Serv-
ices may only offer to extend or enter into a new 
contract or cooperative agreement for the housing of 
unaccompanied alien children with one or more non-
profit entities that are— 
(A) licensed by the applicable State; and 
(B) in compliance with Exhibit 1 of the 
Flores settlement agreement, regardless of the 
status of the underlying Flores settlement 
agreement. 
(2) PRIORITIZATION OF SMALL FACILITIES.— 
The Secretary of Health and Human Services shall 
prioritize the use of standard care facilities and in-
flux care facilities that house not more than 100 un-
accompanied alien children. 
(3) LIMITATIONS ON USE OF INFLUX CARE FA-
CILITIES.— 
(A) LENGTH
OF
CARE
EXCEEDING
DAYS.— 
(i) IN GENERAL.—In the case of an 
influx, the Secretary of Health and Human 
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Services may not house one or more unac-
companied alien children in an influx care 
facility for more than 30 days. 
(ii) DAILY REPORTS.— 
(I) IN GENERAL.—Not less fre-
quently than daily during an influx in 
which one or more unaccompanied 
alien children are housed in an influx 
care facility, the Secretary of Health 
and Human Services shall submit to 
the appropriate committees of Con-
gress a daily report on efforts to re-
duce the average length of care of un-
accompanied alien children in the cus-
tody of the Secretary of Health and 
Human Services. 
(II) 
MATTERS
TO
BE
IN-
CLUDED.—Each report under sub-
clause (I) shall include the following: 
(aa) A detailed description 
of any proposed— 
(AA) policy with re-
spect to the care of unac-
companied 
alien 
children; 
and 
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(BB) staffing increase 
at an influx care facility. 
(bb) With respect to the in-
flux, the mean and median num-
ber of days between— 
(AA) the date on which 
a family reunification appli-
cation is submitted for an 
unaccompanied alien child; 
and 
(BB) the date on which 
the Secretary of Health and 
Human Services issues a de-
cision on such application. 
(cc) The total number of 
such applications granted. 
(dd) The total number of 
such applications denied. 
(ee) A description of any ac-
tion considered but not taken 
with respect to the care and cus-
tody of unaccompanied alien chil-
dren as a result of a conflict with 
Federal or State law. 
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(B) TRANSFER.—The Secretary of Health 
and Human Services may transfer an unaccom-
panied alien child from a State-licensed stand-
ard care facility to an influx care facility solely 
for the purpose of— 
(i) family reunification; or 
(ii) placement with a sponsor that 
shall occur not later than 14 days after the 
date on which the unaccompanied alien 
child is transferred. 
SEC. 5. RELEASE OF FAMILIES AND UNACCOMPANIED 
ALIEN CHILDREN FROM DETENTION. 
(a) STAFF-TO-CHILD RATIOS FOR OFFICE OF REF-
UGEE RESETTLEMENT FACILITIES.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
of Health and Human Services, in collaboration with 
the Comptroller General of the United States, shall 
develop standards for recommended staff-to-child ra-
tios for Federal field specialists and third-party case 
review coordinators at Office of Refugee Resettle-
ment facilities. 
(2) INTERIM
STANDARD.—Beginning on the 
date of the enactment of this Act and ending on the 
date on which the standards under paragraph (1) 
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are implemented, the Secretary of Health and 
Human Services shall ensure that any standard care 
facility or influx care facility for unaccompanied 
alien children maintains a staff-to-child ratio of not 
fewer than— 
(A) one Federal field specialist for every 
50 unaccompanied alien children; and 
(B) one third-party case review coordinator 
for every 50 unaccompanied alien children. 
(3) CASE LOAD LIMITATION.—The Secretary of 
Health and Human Services shall establish a max-
imum case load for each case manager at an Office 
of Refugee Resettlement facility that is not greater 
than the lesser of— 
(A) five new unaccompanied alien children 
cases and a total of not more than eight active 
cases each month; or 
(B) the maximum number of children, as 
required under applicable State law. 
(4) SUPPLEMENTAL FUNDS.—The Secretary of 
Health and Human Services shall authorize supple-
mental funds— 
(A) to provide overtime compensation for 
case managers at Office of Refugee Resettle-
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ment facilities for extended work hours and 
work days during an influx; and 
(B) to hire additional staff to carry out 
home study services relating to the placement of 
unaccompanied alien children with sponsors on 
release from custody. 
(b) RESCISSION OF INFORMATION-SHARING AGREE-
MENT RELATING
TO SPONSORS
OF UNACCOMPANIED 
ALIEN CHILDREN.—The Secretary of Health and Human 
Services and the Secretary of Homeland Security shall re-
scind the memorandum of agreement entitled ‘‘Memo-
randum of Agreement Among the Office of Refugee Reset-
tlement of the U.S. Department of Health and Human 
Services and U.S. Immigration and Customs Enforcement 
and U.S. Customs and Border Protection of the U.S. De-
partment of Homeland Security Regarding Consultation 
and Information Sharing in Unaccompanied Alien Chil-
dren Matters’’ dated April 13, 2018. 
(c) EXPANSION
OF FAMILY CASE MANAGEMENT 
PROGRAM.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall provide to the alternatives to deten-
tion division of U.S. Immigration and Customs En-
forcement, including the Family Case Management 
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Program, sufficient funds to cover the costs of each 
individual who— 
(A) has a pending immigration proceeding; 
and 
(B) is not subject to detention under sub-
section (d). 
(2) CONTRACTS AUTHORIZED.—The Director of 
U.S. Immigration and Customs Enforcement shall 
offer to enter into one or more contracts with one 
or more nonprofit service providers that, to the max-
imum extent practicable, have the capacity to pro-
vide evidence-based services required to operate an 
alternatives to detention program for the least re-
strictive setting. 
(3) PRIORITIZATION.—The Secretary of Home-
land Security shall ensure that any expenditure for 
the Family Case Management Program is prioritized 
over any other expenditure from the Alternatives to 
Detention account. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as may be necessary to carry out this subsection. 
(d) IMMIGRATION DETENTION PRIORITIES.— 
(1) IN GENERAL.—The Director of U.S. Immi-
gration and Customs Enforcement shall prioritize 
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the limited resources of U.S. Immigration and Cus-
toms Enforcement to detain aliens who pose— 
(A) a threat to national security or public 
safety; or 
(B) a risk of flight that cannot be miti-
gated by an alternative to detention. 
(2) PRESUMPTION.—Except in extraordinary 
circumstances, such as a circumstance in which an 
alien is known to be a member of a terrorist organi-
zation or a transnational criminal organization, an 
alien shall not be detained if— 
(A) the alien— 
(i) is known to suffer from a serious 
physical or mental illness; 
(ii) has a disability; 
(iii) is elderly; 
(iv) is pregnant or breastfeeding; 
(v) is under 18 years of age; or 
(vi) demonstrates that the alien is the 
primary caregiver of— 
(I) a person under 18 years of 
age; or 
(II) an infirm person; or 
(B) the detention of the alien is otherwise 
not in the public interest. 
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SEC. 6. IMPROVEMENTS TO ASYLUM PROCEDURE. 
(a) STATEMENT
OF POLICY
ON CHILD ASYLUM 
SEEKERS.—It shall be the policy of the United States that 
no child may be delayed or prevented from crossing the 
Southern border at a port of entry for the purpose of ap-
plying for asylum or any other applicable legal immigra-
tion status. 
(b) NONADVERSARIAL ASYLUM PROCESSING
FOR 
CHILDREN.—The Secretary of Homeland Security shall 
rescind the memorandum of the U.S. Citizenship and Im-
migration Services entitled ‘‘Updated Procedures for Asy-
lum Applications Filed by Unaccompanied Alien Chil-
dren’’, issued May 31, 2019. 
(c) MODIFICATION OF TERM ‘‘ASYLUM OFFICER’’ TO 
EXCLUDE OFFICERS OF U.S. CUSTOMS AND BORDER 
PROTECTION.—Section 235(b)(1)(E) of the Immigration 
and Nationality Act (8 U.S.C. 1225(b)(1)(E)) is amend-
ed— 
(1) in clause (i), by striking ‘‘, and’’ and insert-
ing a semicolon; 
(2) in clause (ii), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(iii) is employed by the Refugee, 
Asylum, and International Operations Di-
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rectorate of the U.S. Citizenship and Im-
migration Services.’’. 
(d) IMPROVING IMMIGRATION COURT EFFICIENCY 
AND REDUCING COSTS BY INCREASING ACCESS TO LEGAL 
INFORMATION.— 
(1) APPOINTMENT OF COUNSEL IN REMOVAL 
PROCEEDINGS; RIGHT TO REVIEW CERTAIN DOCU-
MENTS IN REMOVAL PROCEEDINGS.—Section 240(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1229a(b)) is amended— 
(A) in paragraph (4)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘, at no expense 
to the Government,’’; and 
(II) by striking the comma at the 
end and inserting a semicolon; 
(ii) by redesignating subparagraphs 
(B) and (C) as subparagraphs (D) and 
(E), respectively; 
(iii) by inserting after subparagraph 
(A) the following: 
‘‘(B) the Attorney General may appoint or 
provide counsel, at Government expense, to 
aliens in immigration proceedings; 
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‘‘(C) the alien, or the alien’s counsel, not 
later than 7 days after receiving a notice to ap-
pear under section 239(a), shall receive a com-
plete copy of the alien’s immigration file (com-
monly known as an ‘A-file’) in the possession of 
the Department of Homeland Security (other 
than documents protected from disclosure under 
section 552(b) of title 5, United States Code);’’; 
and 
(iv) in subparagraph (D), as redesig-
nated, by striking ‘‘this Act, and’’ and in-
serting ‘‘this Act; and’’; and 
(2) by adding at the end the following: 
‘‘(8) FAILURE TO PROVIDE ALIEN REQUIRED 
DOCUMENTS.—A removal proceeding may not pro-
ceed until the alien, or in the case of an alien who 
is represented by counsel, the alien’s counsel— 
‘‘(A) has received the documents required 
under paragraph (4)(C); and 
‘‘(B) has been provided at least 10 days to 
review and assess such documents.’’. 
(e) NONPROFIT RESPITE CENTERS.—Section 313 of 
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11343) is amended— 
(1) in subsection (a)— 
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(A) in paragraph (2), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) to provide assistance to State and local 
governments and local nonprofit organizations that 
serve aliens (as defined in section 101(a) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a))) 
released from the custody of the Secretary of Home-
land Security to address the needs of communities 
that experience the arrival of a high number of asy-
lum seekers.’’; and 
(2) by adding at the end the following: 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Director to award 
grants to the National Board to carry out subsection 
(a)(4) $100,000,000 for fiscal year 2019 and each fiscal 
year thereafter.’’. 
SEC. 7. ACCESS BY COUNSEL AT DETENTION FACILITIES. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall provide access to counsel for all aliens detained 
in a facility under the supervision of U.S. Immigration 
and Customs Enforcement, U.S. Customs and Border 
Protection, or the Department of Health and Human 
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Services, or in any private facility that contracts with the 
Federal Government to house, detain, or hold aliens. 
(b) AUTHORIZATION
OF
APPROPRIATIONS
FOR 
LEGAL ORIENTATION PROGRAM.—There is authorized to 
be appropriated to carry out the Legal Orientation Pro-
gram of the Executive Office for Immigration Review 
$55,000,000 for fiscal year 2019 and each fiscal year 
thereafter. 
(c) CLARIFICATION REGARDING THE AUTHORITY OF 
THE ATTORNEY GENERAL TO APPOINT COUNSEL
TO 
ALIENS IN IMMIGRATION PROCEEDINGS.— 
(1) IN GENERAL.—Section 292 of the Immigra-
tion and Nationality Act (8 U.S.C. 1362) is amend-
ed to read as follows: 
‘‘SEC. 292. RIGHT TO COUNSEL. 
‘‘(a) IN GENERAL.—Except as provided in sub-
sections (b) and (c), in any removal proceeding and in any 
appeal proceeding before the Attorney General from any 
such removal proceeding, the subject of the proceeding 
shall have the privilege of being represented by such coun-
sel as may be authorized to practice in such proceeding 
as he or she may choose. This subsection shall not apply 
to 
screening 
proceedings 
described 
in 
section 
235(b)(1)(A). 
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‘‘(b) ACCESS
TO COUNSEL
FOR UNACCOMPANIED 
ALIEN CHILDREN.— 
‘‘(1) IN GENERAL.—In any removal proceeding 
and in any appeal proceeding before the Attorney 
General from any such removal proceeding, an unac-
companied alien child (as defined in section 462(g) 
of the Homeland Security Act on 2002 (6 U.S.C. 
279(g))) shall be represented by Government-ap-
pointed counsel, at Government expense. 
‘‘(2) LENGTH OF REPRESENTATION.—Once a 
child is designated as an unaccompanied alien child 
under paragraph (1), the child shall be represented 
by counsel at every stage of the proceedings from 
the child’s initial appearance through the termi-
nation of immigration proceedings, and any ancillary 
matters appropriate to such proceedings even if the 
child attains 18 years of age or is reunified with a 
parent or legal guardian while the proceedings are 
pending. 
‘‘(3) NOTICE.—Not later than 72 hours after 
an unaccompanied alien child is taken into Federal 
custody, the alien shall be notified that he or she will 
be provided with legal counsel in accordance with 
this subsection. 
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‘‘(4) WITHIN
DETENTION
FACILITIES.—The 
Secretary of Homeland Security shall ensure that 
unaccompanied alien children have access to counsel 
inside all detention, holding, and border facilities. 
‘‘(c) PRO BONO REPRESENTATION.— 
‘‘(1) IN
GENERAL.—To the maximum extent 
practicable, the Attorney General shall make every 
effort to use the services of competent counsel who 
agree to provide representation to such children 
under subsection (b) without charge. 
‘‘(2) DEVELOPMENT
OF
NECESSARY
INFRA-
STRUCTURES AND SYSTEMS.—The Attorney General 
shall develop the necessary mechanisms to identify 
counsel available to provide pro bono legal assistance 
and representation to children under subsection (b) 
and to recruit such counsel. 
‘‘(d) CONTRACTS; GRANTS.—The Attorney General 
may enter into contracts with, or award grants to, non-
profit agencies with relevant expertise in the delivery of 
immigration-related legal services to children to carry out 
the responsibilities under this section, including providing 
legal orientation, screening cases for referral, recruiting, 
training, and overseeing pro bono attorneys. Nonprofit 
agencies may enter into subcontracts with, or award 
grants to, private voluntary agencies with relevant exper-
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tise in the delivery of immigration-related legal services 
to children in order to carry out this section. 
‘‘(e) MODEL GUIDELINES ON LEGAL REPRESENTA-
TION OF CHILDREN.— 
‘‘(1) DEVELOPMENT OF GUIDELINES.—The Ex-
ecutive Office for Immigration Review, in consulta-
tion with voluntary agencies and national experts, 
shall develop model guidelines for the legal represen-
tation of alien children in immigration proceedings, 
which shall be based on the children’s asylum guide-
lines, the American Bar Association Model Rules of 
Professional Conduct, and other relevant domestic or 
international sources. 
‘‘(2) PURPOSE
OF
GUIDELINES.—The guide-
lines developed under paragraph (1) shall be de-
signed to help protect each child from any individual 
suspected of involvement in any criminal, harmful, 
or exploitative activity associated with the smuggling 
or trafficking of children, while ensuring the fairness 
of the removal proceeding in which the child is in-
volved. 
‘‘(f) DUTIES OF COUNSEL.—Counsel provided under 
this section shall— 
‘‘(1) represent the unaccompanied alien child in 
all proceedings and matters relating to the immigra-
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tion status of the child or other actions involving the 
Department of Homeland Security; 
‘‘(2) appear in person for all individual merits 
hearings before the Executive Office for Immigration 
Review and interviews involving the Department of 
Homeland Security; 
‘‘(3) owe the same duties of undivided loyalty, 
confidentiality, and competent representation to the 
child as is due to an adult client; and 
‘‘(4) carry out other such duties as may be pro-
scribed by the Attorney General or the Executive Of-
fice for Immigration Review. 
‘‘(g) SAVINGS PROVISION.—Nothing in this section 
may be construed to supersede— 
‘‘(1) any duties, responsibilities, disciplinary, or 
ethical responsibilities an attorney may have to his 
or her client under State law; 
‘‘(2) the admission requirements under State 
law; or 
‘‘(3) any other State law pertaining to the ad-
mission to the practice of law in a particular juris-
diction.’’. 
(2) RULEMAKING.—The Attorney General shall 
promulgate regulations to implement section 292 of 
the Immigration and Nationality Act, as added by 
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paragraph (1), in accordance with the requirements 
set forth in section 3006A of title 18, United States 
Code. 
SEC. 8. IMMIGRATION COURT IMPROVEMENTS. 
(a) HIRING OF IMMIGRATION JUDGES.— 
(1) IN GENERAL.—During fiscal year 2019, the 
Attorney General shall increase the total number of 
immigration judges to adjudicate pending cases and 
efficiently process future cases by not fewer than 75 
judges. 
(2) QUALIFICATIONS.—The Attorney General 
shall ensure that each immigration judge hired 
under this subsection is— 
(A) highly qualified; and 
(B) trained to conduct fair and impartial 
hearings in accordance with applicable due 
process requirements. 
(3) NO PREFERENCE FOR CANDIDATES WITH 
PRIOR SERVICE IN THE FEDERAL GOVERNMENT.—In 
selecting immigration judges under this subsection, 
the Attorney General may not assign any preference 
to a candidate who has prior service in the Federal 
Government over a candidate who— 
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(A) has equivalent subject-matter expertise 
based on experience in a nonprofit, private 
practice, or academic setting; but 
(B) does not have previous Federal service. 
(b) IMMIGRATION COURT STAFF.—During fiscal year 
2019, the Attorney General shall— 
(1) increase the total number of judicial law 
clerks for the Executive Office for Immigration Re-
view by 75; and 
(2) increase the total number of support staff 
for immigration judges, including legal assistants 
and interpreters, by 300. 
(c) SUPPORT STAFF; OTHER RESOURCES.—The At-
torney General shall ensure that the Executive Office for 
Immigration Review has sufficient support staff, adequate 
technological and security resources, and appropriate fa-
cilities to conduct the immigration proceedings required 
under Federal law. 
(d) LIMITATION.—Amounts appropriated for the Ex-
ecutive Office for Immigration Review or for any other di-
vision, activity, or function of the Department of Justice 
may not be used to implement numeric judicial perform-
ance standards or other standards that could negatively 
impact the fair administration of justice by the immigra-
tion courts. 
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(e) DOCKET MANAGEMENT
FOR RESOURCE CON-
SERVATION.—Notwithstanding any opposition from the 
Secretary of Homeland Security or the Attorney General, 
immigration judges may administratively close cases, and 
the Board of Immigration Appeals may remand cases for 
administrative closure, if an individual in removal pro-
ceedings— 
(1) appears to be prima facie eligible for a visa 
or any other immigration benefit; and 
(2) has a pending application for such benefit 
before U.S. Citizenship and Immigration Services or 
any other applicable Federal agency. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 9. ACCOUNTABILITY AND OVERSIGHT. 
(a) WEEKLY REPORTS.— 
(1) IN
GENERAL.—Not less frequently than 
weekly, the Secretary of Homeland Security, in col-
laboration with the Secretary of Health and Human 
Services, shall submit to the appropriate committees 
of Congress a report that includes, for the preceding 
one-week period, the following: 
(A) The total number of children in the 
custody of the Secretary of Homeland Security 
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and the Secretary of Health and Human Serv-
ices, disaggregated by— 
(i) age; 
(ii) the number of children in the cus-
tody of the Secretary of Homeland Secu-
rity; 
(iii) the number of children in the cus-
tody of the Secretary of Health and 
Human Services; 
(iv) the location of the detention fa-
cilities in which such children are housed, 
including city and State; and 
(v) average number of days in such 
custody. 
(B)(i) The number of deaths of children in 
such custody, as applicable, including relevant 
details relating to the circumstances of each 
death. 
(ii) The information described in clause (i) 
shall be submitted to Congress in a weekly re-
port under this paragraph, as applicable, not-
withstanding a requirement to report to Con-
gress such information under any other law. 
(C) The total number of such children that 
were separated from family members. 
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(D)(i) Subject to clause (ii), the total num-
ber of pregnant women in such custody, 
disaggregated by— 
(I) the number of such women in the 
custody of the Secretary of Homeland Se-
curity; 
(II) the number of such women in the 
custody of the Secretary of Health and 
Human Services; and 
(III) the location of detention facilities 
in which such pregnant women are housed, 
including city and State. 
(ii) Information described in clause (i) may 
not be submitted in a weekly report if such in-
formation renders a pregnant woman personally 
identifiable. 
(E) The average number of days individ-
uals subject to the migrant protection protocol 
issued on January 24, 2019, remain in Mexico 
for the resolution of United States immigration 
proceedings. 
(2) MONTHLY
PUBLICATION.—Not less fre-
quently than monthly, the Secretary of Homeland 
Security shall publish on an internet website of the 
Department of Homeland Security that is available 
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to the public a summary of the reports under para-
graph (1) for the preceding one-month period. 
(b) MANDATORY ACCESS TO DETENTION FACILITIES 
FOR MEMBERS OF CONGRESS.— 
(1) IN GENERAL.—Subject to paragraph (3), 
the Secretary concerned shall allow a Member of 
Congress to tour any facility in which one or more 
detained individuals, including unaccompanied alien 
children, are housed at a time between 8:00 a.m. 
and 7:00 p.m. on a date requested by the Member 
of Congress if, not later than 24 hours before mid-
night on the date requested, the Secretary concerned 
receives written notice from the Member of Congress 
that includes— 
(A) the name of the facility; and 
(B) the date on which the Member of Con-
gress intends to tour the facility. 
(2) 
ACCOMPANYING
MEMBERS
OF
THE 
PRESS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary concerned shall allow 
one or more members of the press to accom-
pany a Member of Congress on a tour of a fa-
cility under this subsection. 
(B) LIMITATIONS.— 
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(i) STILL OR VIDEO CAMERAS.—The 
Secretary concerned shall not be required 
to allow a member of the press to enter a 
facility under subparagraph (A) with a still 
or video camera. 
(ii) PERSONALLY IDENTIFYING INFOR-
MATION.—As a condition of entering a fa-
cility under subparagraph (A), a member 
of the press shall agree not to release any 
personally identifying information of a 
staff member of the facility or a child 
housed at the facility without the express 
authorization of such staff member or 
child. 
(3) LIMITATION.—The Secretary concerned 
may limit a tour under paragraph (1) to— 
(A) in the case of a facility that houses 
fewer than 50 unaccompanied alien children— 
(i) not more than five Members of 
Congress; and 
(ii) accompanying members of the 
press under paragraph (2); and 
(B) in the case of a facility that houses not 
fewer than 50 detained individuals, including 
unaccompanied children— 
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(i) not more than ten Members of 
Congress; and 
(ii) accompanying members of the 
press under paragraph (2). 
(4) DEFINITION OF SECRETARY CONCERNED.— 
In this subsection, the term ‘‘Secretary concerned’’ 
means, as applicable— 
(A) the Secretary of Homeland Security; 
or 
(B) the Secretary of Health and Human 
Services. 
Æ 
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