I 
118TH CONGRESS 
2D SESSION H. R. 10141 
To increase transparency, accountability, and community engagement within 
the Department of Homeland Security, to provide independent oversight 
of border security activities, to improve training for agents and officers 
of U.S. Customs and Border Protection, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2024 
Ms. ESCOBAR introduced the following bill; which was referred to the Com-
mittee on Homeland Security, and in addition to the Committees on 
Ways and Means, and the Judiciary, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To increase transparency, accountability, and community en-
gagement within the Department of Homeland Security, 
to provide independent oversight of border security activi-
ties, to improve training for agents and officers of U.S. 
Customs and Border Protection, 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 ‘‘Homeland Security 
Improvement Act’’. 
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SEC. 2. STAKEHOLDER AND COMMUNITY ENGAGEMENT. 
(a) DEPARTMENT OF HOMELAND SECURITY BORDER 
OVERSIGHT COMMISSION.— 
(1) ESTABLISHMENT.—There is established an 
independent commission, which shall be known as 
the ‘‘Department of Homeland Security Border 
Oversight Commission’’ (referred to in this Act as 
the ‘‘Commission’’). 
(2) ORGANIZATION.— 
(A) LEADERSHIP.—The Commission shall 
be led by a Chair and a Vice Chair. 
(B) MEMBERSHIP.— 
(i) IN
GENERAL.—The Commission 
shall be composed of 30 members, who— 
(I) shall be appointed by the 
Speaker and the minority leader of 
the House of Representatives and the 
majority and minority leaders of the 
Senate, in consultation with the Presi-
dent; and 
(II) shall have expertise in migra-
tion, local crime indices, civil and 
human rights, community relations, 
cross-border trade and commerce, 
quality of life indicators, or other per-
tinent experience. 
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(ii) REGIONAL REPRESENTATION.—Of 
the 30 members appointed pursuant to 
clause (i)(I)— 
(I) 13 members shall be from the 
northern border region and shall com-
prise 
the 
northern 
border 
sub-
committee; and 
(II) 17 members shall be from 
the southern border region and shall 
comprise the southern border sub-
committee. 
(iii) 
NORTHERN
BORDER
SUB-
COMMITTEE.—Of the 13 members from 
the northern border region— 
(I) 2 shall be elected local gov-
ernment officials; 
(II) 2 shall be local law enforce-
ment officials; 
(III) 2 shall be civil rights advo-
cates; 
(IV) 1 shall represent the busi-
ness community; 
(V) 1 shall represent institutions 
of higher education; 
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least 1 member of the National Bor-
der Patrol Council; and 
(VIII) 2 shall be tribal officials. 
(v) CHAIR; VICE CHAIR.—The mem-
bers of the Commission shall elect a Chair 
and a Vice Chair from among its members 
by a majority vote of at least 16 members. 
(vi) TERMS OF SERVICE.—The Chair 
and the Vice Chair of the Commission 
shall serve 4-year terms in such positions. 
Members of the Commission shall also 
serve 4-year terms. 
(vii) APPOINTMENT DEADLINE.—Con-
gress shall make the initial appointments 
to the Commission not later than 180 days 
after the date of the enactment of this Act. 
(3) MEETINGS.— 
(A) COMMISSION.—The Commission shall 
meet at least semiannually and may convene 
additional meetings as necessary. 
(B) SUBCOMMITTEES.—The northern bor-
der and southern border subcommittees shall 
meet at least quarterly, and may convene addi-
tional meetings, as necessary. 
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(4) DUTIES.—The Commission, the northern 
border subcommittee, and the southern border sub-
committee shall— 
(A) develop recommendations for improve-
ments regarding border enforcement policies, 
strategies, and programs that take into consid-
eration their impact on border communities; 
(B) evaluate policies, strategies, and pro-
grams of Federal agencies operating along the 
northern and southern United States borders— 
(i) to protect— 
(I) due process; 
(II) the civil and human rights of 
border residents and visitors; and 
(III) private property rights of 
land owners; 
(ii) to reduce the number of migrant 
deaths; and 
(iii) to improve the safety of agents 
and officers of U.S. Customs and Border 
Protection and U.S. Immigration and Cus-
toms Enforcement; 
(C) develop recommendations for improve-
ments regarding the safety of agents and offi-
cers of U.S. Customs and Border Protection 
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and U.S. Immigration and Customs Enforce-
ment while such agents and officers are in the 
field; and 
(D) evaluate training and establish train-
ing courses related to— 
(i) management and leadership skills 
for supervisors in each U.S. Border Patrol 
sector, at each port of entry on the north-
ern and southern United States borders, 
and at each U.S. Immigration and Cus-
toms Enforcement field office; and 
(ii) the extent to which supervisory 
and management personnel practices at 
U.S. Customs and Border Protection and 
U.S. Immigration and Customs Enforce-
ment— 
(I) encourage and facilitate work-
force development for agents and offi-
cers; and 
(II) promote agent and officer 
field safety and post-Federal Law En-
forcement Training Center (referred 
to in this Act as ‘‘FLETC’’) training 
of border enforcement personnel in ac-
cordance with section 6. 
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(5) ADDITIONAL RESPONSIBILITIES.— 
(A) IN GENERAL.—In carrying out the du-
ties set forth in paragraph (4), the Commission 
shall take into consideration any recommenda-
tions and evaluations agreed upon by the north-
ern border subcommittee and the southern bor-
der subcommittee. 
(B) 
SUBCOMMITTEE
REPORTS.—The 
northern border subcommittee and the southern 
border subcommittee shall each— 
(i) submit an annual report to the 
Chair and Vice Chair of the Commission 
that contains the recommendations and 
evaluations of the subcommittees referred 
to in paragraph (4); and 
(ii) make each such report available to 
the public. 
(6) PROHIBITION
ON
COMPENSATION.—Mem-
bers of the Commission may not receive pay, allow-
ances, or benefits from the Federal Government by 
reason of their service on the Commission or either 
of its subcommittees. 
(b) HEARINGS AND EVIDENCE.—The Commission or, 
on the authority of the Commission, any subcommittee or 
member of the Commission, may, for the purpose of car-
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rying out this Act, hold such hearings, and sit and act 
at such times and places, take such testimony, receive 
such evidence, and administer such oaths as the Commis-
sion or such designated subcommittee or designated mem-
ber determines necessary to carry out its duties under sub-
section (a)(4). 
(c) SAVINGS PROVISION.—Nothing in this Act may 
be construed as affecting the investigative and disciplinary 
procedures of U.S. Customs and Border Protection, U.S. 
Immigration and Customs Enforcement, or the Depart-
ment of Homeland Security with respect to agents and 
officers of U.S. Customs and Border Protection or U.S. 
Immigration and Customs Enforcement. 
(d) REPORTS.— 
(1) 
ANNUAL
REPORTS.—The 
Commission 
shall— 
(A) submit an annual report to the Sec-
retary of Homeland Security that contains in-
formation regarding the activities, findings, and 
recommendations of the Commission, including 
the northern border subcommittee and the 
southern border subcommittee, for the pre-
ceding year; and 
(B) make each such report available to the 
public. 
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(2) CONGRESSIONAL NOTIFICATION.—The Sec-
retary of Homeland Security shall brief the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate, the Committee on the Judiciary 
of the Senate, the Committee on Homeland Security 
of the House of Representatives, and the Committee 
on the Judiciary of the House of Representatives re-
garding each report received under paragraph (1). 
SEC. 3. ESTABLISHMENT OF THE OFFICE OF THE OMBUDS-
MAN FOR BORDER AND IMMIGRATION RE-
LATED CONCERNS. 
(a) IN GENERAL.—Subtitle A of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 202 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 406. OMBUDSMAN FOR BORDER AND IMMIGRATION- 
RELATED CONCERNS. 
‘‘(a) IN GENERAL.—There shall be within the De-
partment an Ombudsman for Border and Immigration- 
Related Concerns (referred to in this section as the ‘Om-
budsman’). The individual appointed as Ombudsman shall 
have a background in immigration or civil liberties law or 
law enforcement and shall report directly to the Secretary. 
‘‘(b) ORGANIZATIONAL INDEPENDENCE.—The Sec-
retary shall take appropriate action to ensure the inde-
pendence of the Ombudsman’s office from other officers 
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or employees of the Department engaged in border secu-
rity or immigration activities. 
‘‘(c) STAFFING.—The Secretary shall take appro-
priate action to ensure that the Ombudsman’s office is 
sufficiently staffed and resourced to carry out its duties 
effectively and efficiently. 
‘‘(d) FUNCTIONS.—The Ombudsman shall— 
‘‘(1) establish an independent, neutral, and ap-
propriately confidential process to receive, inves-
tigate, resolve, and provide redress, including immi-
gration relief, monetary damages, or any other ac-
tion determined appropriate, for complaints, griev-
ances, or requests for assistance from individuals, 
associations, and employers regarding the border se-
curity and immigration activities of the Department; 
‘‘(2) conduct inspections of the facilities, includ-
ing privately owned or operated contract facilities, of 
U.S. Customs and Border Protection, U.S. Immigra-
tion and Customs Enforcement, and U.S. Citizen-
ship and Immigration Services; 
‘‘(3) assist individuals and families who— 
‘‘(A) have been victims of crimes com-
mitted by noncitizens present in the United 
States or of violence near the United States 
border; or 
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‘‘(B) have been impacted by situations in 
which the Department has exercised force 
against an individual, including by use of a fire-
arm, electronic control weapon, explosive device, 
chemical agent, baton, projectile, blunt instru-
ment, body part, canine, or vehicle; 
‘‘(4) identify areas in which individuals, associa-
tions, and employers have identified concerns with 
respect to interacting with U.S. Customs and Border 
Protection, U.S. Immigration and Customs Enforce-
ment, or U.S. Citizenship and Immigration Services; 
‘‘(5) propose changes in the administrative 
practices of U.S. Customs and Border Protection, 
U.S. Immigration and Customs Enforcement, and 
U.S. Citizenship and Immigration Services to miti-
gate problems identified under this section; 
‘‘(6) review, examine, and make recommenda-
tions regarding the border security and immigration 
and enforcement activities of U.S. Customs and Bor-
der Protection, U.S. Immigration and Customs En-
forcement, and U.S. Citizenship and Immigration 
Services; 
‘‘(7) establish a uniform and standardized com-
plaint process regarding complaints against any indi-
vidual employed by U.S. Customs and Border Pro-
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tection or U.S. Immigration and Customs Enforce-
ment for violations of standards of professional con-
duct that— 
‘‘(A) requires the completion of an inde-
pendent review and investigation not later than 
1 year after the receipt of any such complaint; 
‘‘(B) requires that complainants receive— 
‘‘(i) written confirmation that their 
complaint was received not later than 60 
days after such receipt; and 
‘‘(ii) a written summary regarding the 
outcome of such complaint not later than 
30 days after the completion of the review 
and investigation under subparagraph (A), 
including findings of fact, recommended 
action, and available redress; 
‘‘(C) features— 
‘‘(i) a centralized multilingual online 
complaint form that includes street ad-
dress, toll-free telephone number, and elec-
tronic mailbox address to permit an indi-
vidual to file an immigration or border-re-
lated complaint and submit supporting evi-
dence through the portal of choice of any 
such individual; and 
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‘‘(ii) the posting of multilingual infor-
mation relating to such form at ports of 
entry and at U.S. Border Patrol interior 
checkpoints; 
‘‘(D) includes procedures for referring 
complaints to the Office for Civil Rights and 
Civil Liberties, the Office of the Inspector Gen-
eral, or other appropriate agency of the Depart-
ment; 
‘‘(E) establishes a publicly accessible na-
tional, standardized database capable of track-
ing and analyzing complaints and their resolu-
tion; and 
‘‘(F) provides publicly accessible records, 
with copies of complaints, and their resolutions 
permanently preserved and available for inspec-
tion, while maintaining the confidentiality of 
complainants’ identities; and 
‘‘(8) establish an online detainee locator system 
for individuals held in U.S. Customs and Border 
Protection custody. 
‘‘(e) OTHER RESPONSIBILITIES.—In addition to the 
functions specified in subsection (d), the Ombudsman 
shall— 
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‘‘(1) monitor the coverage and geographic allo-
cation of local offices of the Ombudsman, including 
appointing local ombudsmen for border and immi-
gration related concerns; 
‘‘(2) evaluate and take personnel actions (in-
cluding dismissal) with respect to any employee of 
the Ombudsman; 
‘‘(3) recommend disciplinary action, including 
contract termination, suspension, and debarment, or 
termination, suspension, and sanctions, to the appro-
priate departmental entity regarding any contractor 
proven to have violated departmental policies or pro-
cedures while executing any border security or immi-
gration activity; 
‘‘(4) refer to the Inspector General of the De-
partment any complaints of the violation of depart-
mental policies or procedures by any Department 
employee relating to border security or immigration 
activity; and 
‘‘(5) provide each complainant with a summary 
of the outcome of any action taken in response to a 
complaint, grievance, or request for assistance from 
such complainant, including any findings of fact, 
recommended action, and available redress. 
‘‘(f) COMPLAINANTS.— 
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‘‘(1) ELIGIBILITY.—Any interested party, in-
cluding a legal representative, may file a complaint 
through the complaint process established pursuant 
to subsection (d)(7). 
‘‘(2) RETALIATORY
ACTION
PROHIBITED.— 
Complainants and other individuals identified in a 
complaint submitted under this section shall be pro-
tected from retaliatory action by law enforcement or 
by any officer of the United States based on the con-
tent of such complaint. No information contained in 
a complaint that is germane to such complaint may 
be used as evidence in any removal or criminal pro-
ceedings against the complainant or any individual 
identified in such complaint. 
‘‘(3) NO EFFECT ON REMOVAL OR CRIMINAL 
PROCEEDINGS.—Neither the filing of a complaint 
nor the contents of a complaint shall confer immu-
nity or otherwise impact any removal or criminal 
proceedings against a complainant or an individual 
identified in such complaint. 
‘‘(4) PRIVACY.—No personally identifiable in-
formation related to an individual involved in a com-
plaint which would result in identification of such in-
dividual may be published. 
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‘‘(5) ASSISTANCE.—All complainants shall re-
ceive full assistance from the Department in filing 
complaints, including language assistance, accom-
modations for disabilities, and accurate and com-
plete responses to their questions. 
‘‘(g) REQUEST FOR INVESTIGATIONS.—The Ombuds-
man may request the Inspector General of the Department 
to conduct inspections, investigations, and audits related 
to compliance with subsections (d), (e), and (f). 
‘‘(h) COORDINATION WITH DEPARTMENT COMPO-
NENTS.— 
‘‘(1) IN GENERAL.—The Director of U.S. Citi-
zenship and Immigration Services, the Assistant 
Secretary of U.S. Immigration and Customs En-
forcement, and the Commissioner of U.S. Customs 
and Border Protection shall each establish proce-
dures to provide formal responses to recommenda-
tions submitted to such officials by the Ombudsman 
not later than 60 days after receiving such rec-
ommendations. 
‘‘(2) ACCESS TO INFORMATION.—The Secretary 
shall establish procedures to provide the Ombuds-
man access to all departmental records that are nec-
essary to execute the responsibilities of the Ombuds-
man under subsection (d) or (e) not later than 60 
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days after the Ombudsman requests such informa-
tion. 
‘‘(i) PUBLIC OUTREACH.—The Secretary shall— 
‘‘(1) take all appropriate action to advise the 
public regarding the existence, duties, responsibil-
ities, and grievance processes of the Ombudsman’s 
office; and 
‘‘(2) promulgate regulations to ensure— 
‘‘(A) the public’s ability to file grievances 
with the Ombudsman’s office electronically; and 
‘‘(B) that absent written permission of all 
affected parties, all documents submitted to the 
Ombudsman’s office are used solely by the Om-
budsman’s office to advance the purposes de-
scribed in this section. 
‘‘(j) ANNUAL REPORTING.—Not later than June 30 
of each calendar year beginning after the date of the en-
actment of the Homeland Security Improvement Act, the 
Ombudsman shall submit a report to the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate, the Committee on the Judiciary of the Senate, the 
Committee on Homeland Security of the House of Rep-
resentatives, and the Committee on the Judiciary of the 
House of Representatives that includes— 
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‘‘(1) the number and type of complaints re-
ceived under this section; 
‘‘(2) the demographics of the complainants who 
filed such complaints; 
‘‘(3) the results of the investigations conducted 
in response to such complaints, including violations 
of standards and any disciplinary actions taken; 
‘‘(4) the identification of any complaint pat-
terns that could be prevented or reduced by policy 
training or practice changes; 
‘‘(5) an inventory of complaints received under 
this section for which action has been taken and the 
period between the receipt of each such complaint 
and its resolution; 
‘‘(6) an inventory of complaints received under 
this section for which action was not taken during 
the 1-year period immediately following the filing of 
such complaint, including the period during which 
each such complaint remained open, and the reason 
for failing to resolve each such complaint during 
such 1-year period; 
‘‘(7) recommendations that the Ombudsman 
has made to improve the services and responsiveness 
of U.S. Citizenship and Immigration Services, U.S. 
Immigration and Customs Enforcement, and U.S. 
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Customs and Border Protection, and any responses 
received from each such component or the Depart-
ment regarding such recommendations; and 
‘‘(8) any other information that the Ombuds-
man considers relevant to such report. 
‘‘(k) ESTABLISHMENT OF BORDER COMMUNITIES LI-
AISON OFFICE.— 
‘‘(1) IN GENERAL.—The Ombudsman, in con-
junction with the Office for Civil Rights and Civil 
Liberties of the Department, shall establish a Bor-
der Community Liaison Office (referred to in this 
subsection as the ‘Liaison Office’) in each U.S. Bor-
der Patrol sector on the northern and southern bor-
ders of the United States. 
‘‘(2) PURPOSES.—Each Liaison Office shall— 
‘‘(A) foster cooperation between the U.S. 
Border Patrol, U.S. Customs and Border Pro-
tection’s Office of Field Operations, U.S. Immi-
gration and Customs Enforcement, and border 
communities; 
‘‘(B) consult with border communities re-
garding the development of policies, directives, 
and programs of the U.S. Border Patrol and 
the Office of Field Operations and U.S. Immi-
gration and Customs Enforcement; and 
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‘‘(C) receive feedback from border commu-
nities regarding the performance of the U.S. 
Border Patrol, the Office of Field Operations, 
and U.S. Immigration and Customs Enforce-
ment. 
‘‘(3) MEMBERSHIP.—Each Liaison Office shall 
be comprised of equal representation from the bor-
der community and U.S. Customs and Border Pro-
tection and U.S. Citizenship and Customs Enforce-
ment, including not fewer than— 
‘‘(A) 1 member of the community in which 
each U.S. Border Patrol sector is located who 
has expertise in migration, local public safety, 
civil and human rights, the local community, or 
community relations; 
‘‘(B) 1 member of an Indian tribe (as such 
term is defined in section 4 of the Indian Self- 
Determination and Education Assistance Act 
(25 U.S.C. 5304)) or a tribal organization; 
‘‘(C) 1 Border Patrol processing coordi-
nator with significant experience working for 
the U.S. Border Patrol; 
‘‘(D) 1 nonuniformed U.S. Customs and 
Border Patrol officer with significant experience 
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working for U.S. Customs and Border Protec-
tion; and 
‘‘(E) 1 Enforcement and Removal Oper-
ations agent with significant experience working 
for U.S. Immigration and Customs Enforce-
ment.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Homeland Security Act of 2002 (Public Law 107– 
296) is amended by inserting after the item relating to 
section 405 the following new item: 
‘‘Sec. 406. Ombudsman for Border and Immigration-Related Concerns.’’. 
SEC. 4. TRAINING AND CONTINUING EDUCATION. 
(a) MANDATORY TRAINING AND CONTINUING EDU-
CATION TO PROMOTE CBP AGENT AND OFFICER SAFETY 
AND PROFESSIONALISM.— 
(1) POLICIES AND GUIDELINES.—The Secretary 
of Homeland Security shall establish policies and 
guidelines to ensure that all U.S. Customs and Bor-
der Protection agents and officers receive a min-
imum of— 
(A) 19 weeks of training for employees of 
U.S. Customs and Border Protection’s Office of 
Field Operations, and 23 weeks of training for 
employees of the U.S. Border Patrol, that— 
(i) is directly related to the mission of 
the U.S. Border Patrol and U.S. Customs 
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and Border Protection’s Office of Field 
Operations before the initial assignment of 
such agents and officers; and 
(ii) is in alignment with curriculum 
developed and endorsed by FLETC; and 
(B) 8 hours of training and continuing 
education annually after the completion of the 
training referred to in subparagraph (A). 
(2) TRAINERS.—The training and continuing 
education described in paragraph (1) shall be con-
ducted by attorneys who— 
(A) have experience with the Fourth 
Amendment to the United States Constitution, 
including appropriate application of the use of 
force by agents and officers of U.S. Customs 
and Border Protection; and 
(B) are members of the Department of 
Homeland Security’s Office of General Counsel. 
(b) FLETC.—The Secretary of Homeland Security 
shall establish policies and guidelines governing training 
with FLETC and continuing education of agents and offi-
cers of U.S. Customs and Border Protection and U.S. Im-
migration and Customs Enforcement regarding border 
awareness, accountability, and oversight. Such training 
with FLETC shall include individual courses regarding— 
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(1) community relations, including— 
(A) best practices in community policing; 
(B) best practices to adhere to policies lim-
iting the location of enforcement and coopera-
tion with local law enforcement; and 
(C) best practices in responding to griev-
ances, including how to refer complaints to the 
Ombudsman for Border and Immigration-Re-
lated Concerns in accordance with section 406 
of the Homeland Security Act of 2002, as 
added by section 3; 
(2) interdiction, including— 
(A) instruction regarding formal and prop-
er command language; 
(B) situational awareness of what language 
is appropriate in a given situation; 
(C) policies and guidelines regarding the 
legal application of use of force; 
(D) policies and training scenarios nec-
essary to ensure the safety of the agent or offi-
cer and the surrounding community during 
interventions in urban areas, including— 
(i) scenario-based training and guide-
lines; and 
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(ii) non-lethal force training and cer-
tification on at least 1 non-lethal force in-
strument, 
including 
electronic 
control 
weapons; and 
(E) policies necessary to ensure the safety 
of the agent or officer and the surrounding 
community during interventions in rural and re-
mote locations; 
(3) vulnerable populations, including instruction 
on screening, identifying, and responding to vulner-
able populations, such as children, victims of human 
trafficking, victims of trauma, and the acutely ill; 
(4) cultural and societal issues, including— 
(A) understanding the diversity of immi-
grant communities; 
(B) language and basic cultural awareness 
of major migrant-sending countries; 
(C) natural resource protection and envi-
ronmental policies along the United States bor-
der; 
(D) privacy considerations regarding bor-
der-related technologies; and 
(E) the history and ethics of asylum law; 
and 
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(5) standards of professional conduct, includ-
ing— 
(A) the lawful use of force; 
(B) complying with chain of command and 
lawful orders; 
(C) conduct and ethical behavior toward 
the public in a civil and professional manner; 
(D) respect for civil rights and the protec-
tion of the well-being of individuals; 
(E) non-racially biased questioning tech-
niques; and 
(F) de-escalation tactics and alternatives 
to the use of force. 
(c) SUPERVISOR TRAINING.—In addition to the train-
ing and continuing education required to be established 
under subsections (a) and (b), the Secretary of Homeland 
Security shall establish policies and guidelines governing 
the continuing education of agents and officers of U.S. 
Customs and Border Protection and U.S. Immigration 
and Customs Enforcement in supervisory or management 
positions, including— 
(1) instruction relating to management and 
leadership best practices; 
(2) refresher instruction or in-service training 
relating to legal application of use of force policies 
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and guidelines, intervention, community relations, 
and professional conduct; and 
(3) mitigation training to identify, diagnose, 
and address issues within such supervisory and man-
agement roles. 
(d) REVIEW PROCESS.—The Secretary of Homeland 
Security shall establish a review process to ensure that 
port supervisors and managers of U.S. Customs and Bor-
der Protection and U.S. Immigration and Customs En-
forcement receive annual evaluations regarding— 
(1) their actions and standards of conduct; and 
(2) the actions, situational and educational de-
velopment, and standards of conduct of their staffs. 
(e) CONTINUING EDUCATION.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall require all agents and officers of U.S. 
Customs and Border Protection and U.S. Immigra-
tion and Customs Enforcement who are required to 
undergo training under subsections (a) through (c) 
to participate in annual continuing education to 
maintain and update their understanding of Federal 
legal rulings, court decisions, and Department of 
Homeland Security policies, procedures, and guide-
lines related to the subject matters described in such 
subsections. 
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(2) SUBJECT MATTERS.—Continuing education 
under this subsection shall include training courses 
on— 
(A) protecting the civil, constitutional, 
human, and privacy rights of individuals, with 
special emphasis on the scope of enforcement 
authority, including— 
(i) chain of evidence practices and 
document seizure; and 
(ii) use of force policies available to 
agents and officers; 
(B) the scope of authority of agents and 
officers to conduct immigration enforcement ac-
tivities, including interviews, interrogations, 
stops, searches, arrests, and detentions, in addi-
tion to identifying and detecting fraudulent doc-
uments; 
(C) identifying, screening, and responsi-
bility for vulnerable populations, such as chil-
dren and victims of trafficking; and 
(D) cultural and societal issues, includ-
ing— 
(i) the diversity of immigrant commu-
nities; 
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(ii) language and basic cultural aware-
ness of major migrant-sending countries; 
and 
(iii) natural resource protection and 
environmental policies along the United 
States border. 
(3) ADMINISTRATION.—Courses offered under 
this subsection— 
(A) shall be administered in consultation 
with FLETC by the individual U.S. Border Pa-
trol sectors and U.S. Customs and Border Pro-
tection’s Office of Field Operations of the De-
partment of Homeland Security in order to pro-
vide such sectors’ field offices with flexibility to 
design or tailor such courses to the specific 
needs and conditions of each such sector and 
field office; and 
(B) shall be approved in advance by the 
Secretary of Homeland Security to ensure that 
such courses satisfy the requirements for train-
ing under this section. 
(4) ROTATION.—Courses offered as part of con-
tinuing education under this subsection shall in-
clude— 
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(A) an annual course focusing on the cur-
riculum described in paragraph (2)(A); 
(B) a triennial course focusing on cur-
riculum described in paragraph (2)(B); 
(C) a triennial course focusing on cur-
riculum described in paragraph (2)(C); and 
(D) a triennial course focusing on cur-
riculum described in paragraph (2)(D). 
(f) ASSESSMENT.—Not later than 6 years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit a report to the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security 
of the House of Representatives that assesses the training 
and education, including continuing education, required 
under this section. 
SEC. 5. MANAGEMENT OF PORTS OF ENTRY. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall submit a report to the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate and the Committee on Homeland Security of the 
House of Representatives that contains an assessment of 
the standards and guidelines for managing ports of entry 
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under the control of the Department of Homeland Secu-
rity, including information regarding— 
(1) staffing levels and the need for additional 
staffing; 
(2) the rules governing the actions of officers of 
U.S. Customs and Border Protection’s Office of 
Field Operations; 
(3) average delays for transit through land 
ports of entry; 
(4) existing efforts and technologies used for 
border security, including the impact of such efforts 
and technologies on— 
(A) facilitating trade at ports of entry; and 
(B) civil rights, private property rights, 
privacy rights, and civil liberties; 
(5) the economic impact of the policies and 
practices of U.S. Customs and Border Protection ag-
ricultural specialists and U.S. Customs and Border 
Protection’s Office of Field Operations personnel; 
(6) physical infrastructure and technological 
needs at ports of entry; 
(7) a plan for increasing the number of U.S. 
Customs and Border Protection’s Office of Field Op-
erations officers certified as emergency medical tech-
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nicians and the number of medical professionals as-
signed to land ports of entry; and 
(8) a plan for increasing access to land ports of 
entry that takes into account asylum seekers, victims 
of trafficking, unaccompanied children, and other 
vulnerable populations. 
(b) UPDATES.—Based upon the information and as-
sessment contained in the report required under sub-
section (a), the Secretary of Homeland Security shall es-
tablish updated guidelines and standards for managing 
ports of entry under the control of the Department of 
Homeland Security to address any identified needs or 
shortcomings at such ports of entry, including, if applica-
ble— 
(1) increasing the number of U.S. Customs and 
Border Protection agricultural specialists at ports of 
entry at which delays hinder or negatively impact 
the local or national economies; 
(2) updating or increasing the use of technology 
at ports of entry at which there are average delays 
exceeding 2 hours based on U.S. Customs and Bor-
der Protection data collected during the previous fis-
cal year; 
(3) publishing rules regarding document han-
dling at ports of entry; 
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(4) establishing standards of conduct and de-
meanor when interacting with individuals with bor-
der crossing cards and vulnerable populations, such 
as children, victims of human trafficking, victims of 
trauma, and the acutely ill; and 
(5) establishing training courses relating to 
management and leadership skills for supervisors 
and managers at ports of entry. 
SEC. 6. BORDER ENFORCEMENT ACCOUNTABILITY AND 
TRANSPARENCY. 
(a) DEFINITIONS.—In this section: 
(1) BORDER SECURITY.—The term ‘‘border se-
curity’’ means the prevention of unlawful entries 
into the United States, including entries by individ-
uals, instruments of terrorism, narcotics, and other 
contraband. 
(2) CHECKPOINT.—The term ‘‘checkpoint’’ 
means a location— 
(A) at which vehicles or individuals trav-
eling through the location are stopped by a law 
enforcement official for the purposes of enforce-
ment of United States immigration laws and 
regulations; and 
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(B) that is not located at a port of entry 
along an international border of the United 
States. 
(3) LAW ENFORCEMENT OFFICIAL.—The term 
‘‘law enforcement official’’ means— 
(A) an agent or officer of U.S. Customs 
and Border Protection; or 
(B) an officer or employee of a State, or 
a political subdivision of a State, who is car-
rying out the functions of an immigration offi-
cer pursuant to— 
(i) an agreement entered into under 
section 287(g) of the Immigration and Na-
tionality Act (8 U.S.C. 1357(g)); 
(ii) authorization under title IV of the 
Tariff Act of 1930 (19 U.S.C. 1401 et 
seq.); or 
(iii) any other agreement with the De-
partment of Homeland Security, including 
any Federal grant program. 
(4) PATROL
STOP.—The term ‘‘patrol stop’’ 
means search, seizure, or interrogation of a motor-
ist, passenger, or pedestrian initiated anywhere ex-
cept as part of an inspection at a port of entry or 
a primary inspection at a checkpoint. 
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(5) PRIMARY INSPECTION.—The term ‘‘primary 
inspection’’ means an initial inspection of a vehicle 
or individual at a checkpoint. 
(6) SECONDARY INSPECTION.—The term ‘‘sec-
ondary inspection’’ means a further inspection of a 
vehicle or individual that is conducted following a 
primary inspection. 
(b) DATA COLLECTION BY LAW ENFORCEMENT OF-
FICIALS ENFORCING UNITED STATES LAWS AND REGU-
LATIONS AND MAKING BORDER SECURITY STOPS.— 
(1) REQUIREMENT FOR DATA COLLECTION RE-
GARDING
STOPS
AND
SEARCHES.—A law enforce-
ment official who initiates a patrol stop or who de-
tains any individual beyond a brief and limited in-
quiry, such as a primary inspection at a checkpoint, 
shall record— 
(A) the date, time, and location of the con-
tact; 
(B) the identifying characteristics of such 
individual, including the individual’s perceived 
race, gender, ethnicity, and approximate age; 
(C) a description of any items seized dur-
ing such search, including contraband or 
money, and a specification of the type of search 
conducted; 
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(D) whether any arrest, detention, warn-
ing, or citation resulted from such contact; 
(E) the immigration status of the indi-
vidual, only if obtained during the ordinary 
course of the contact without additional ques-
tioning in accordance with this section; 
(F) if the contact involved an individual 
whose primary language of communication is 
not English, the means of communication used; 
(G) whether a body-worn camera or any 
other video or audio recording exists that re-
corded the stop or detention; and 
(H) if the contact was initiated by a State 
or local law enforcement agency of a State, 
whether such agency was acting pursuant to— 
(i) an agreement entered into under 
section 287(g) of the Immigration and Na-
tionality Act (8 U.S.C. 1357(g)); 
(ii) authorization under title IV of the 
Tariff Act of 1930 (19 U.S.C. 1401 et 
seq.); or 
(iii) any other agreement with the De-
partment of Homeland Security, including 
any Federal grant program. 
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(2) REQUIREMENT
FOR
U.S. CUSTOMS
AND 
BORDER PROTECTION DATA COLLECTION REGARD-
ING CHECKPOINTS.—The Commissioner of U.S. Cus-
toms and Border Protection shall collect data re-
garding— 
(A) the number of permanent and tem-
porary checkpoints utilized by agents and offi-
cers of U.S. Customs and Border Protection; 
(B) the location of each such checkpoint; 
(C) the dates on which a temporary check-
point was used; and 
(D) a description of each such checkpoint, 
including the presence of any other law enforce-
ment agencies and the use of law enforcement 
resources, such as canines and surveillance 
technologies, including license plate readers. 
(3) RULEMAKING.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security, in consultation with 
stakeholders, including research, civil, and human 
rights organizations, shall promulgate regulations re-
lating to the collection and reporting of data re-
quired under paragraphs (1) and (2). Such regula-
tions shall— 
(A) specify all data to be reported; and 
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(B) provide standards, definitions, and 
technical specifications to ensure uniform re-
porting. 
(4) COMPILATION OF DATA.— 
(A) DEPARTMENT
OF
HOMELAND
SECU-
RITY
LAW
ENFORCEMENT
OFFICIALS.—The 
Secretary of Homeland Security shall— 
(i) compile the data collected under 
paragraph (1) by agents and officers of 
U.S. Customs and Border Protection and 
the data collected under paragraph (2) by 
the Commissioner of U.S. Customs and 
Border Protection; and 
(ii) determine— 
(I) whether any complaint was 
made by the individual subject to the 
contact under paragraph (1); and 
(II) which oversight component 
within or outside of the Department 
of Homeland Security investigated the 
complaint. 
(B) OTHER
LAW
ENFORCEMENT
OFFI-
CIALS.—The head of each agency, department, 
or other entity that employs law enforcement 
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officials other than agents and officers referred 
to in subparagraph (A) shall— 
(i) compile the data collected by such 
law enforcement officials pursuant to para-
graph (1); and 
(ii) submit the compiled data to the 
Secretary of Homeland Security. 
(5) USE OF DATA.—The Secretary of Homeland 
Security shall consider the data compiled pursuant 
to paragraph (4) in making policy and program deci-
sions. 
(6) AUDIT
AND
REPORT.—Not later than 1 
year after the effective date of the regulations pro-
mulgated pursuant to paragraph (3), the Comp-
troller General of the United States shall— 
(A) conduct an audit of the data compiled 
under paragraph (4) to determine whether law 
enforcement officials are complying with the 
data collection requirements under paragraph 
(1); and 
(B) submit a report to Congress that con-
tains a summary of the findings of such audit. 
(c) ANNUAL REPORT.— 
(1) REQUIREMENT.—Not later than 1 year 
after the date of the enactment of this Act and an-
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nually thereafter, the Secretary of Homeland Secu-
rity shall submit a report to Congress containing the 
data compiled under subsection (b)(3), including all 
such data for the previous year. 
(2) AVAILABILITY.—Each report submitted 
under paragraph (1) shall be made available to the 
public, except for particular data if the Secretary of 
Homeland Security— 
(A) explicitly invokes an exemption con-
tained in paragraphs (1) through (9) of section 
552(b) of title 5, United States Code; and 
(B) provides a written explanation for the 
exemption’s applicability. 
(3) PRIVACY.—The Secretary may not report 
unique personal identifying information of persons 
stopped, searched, or subjected to a property sei-
zure, for purposes of this section. 
(4) PUBLICATION.—The data compiled pursu-
ant to subsection (b)(3) shall be made available to 
the public to the extent the release of such data is 
permissible under Federal law. 
SEC. 7. REPORTING REQUIREMENTS. 
(a) ANNUAL CBP REPORT ON MISSION AND PER-
SONNEL BY BORDER PATROL SECTOR.—Not later than 
1 year after the date of the enactment of this Act and 
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annually thereafter, the Commissioner of U.S. Customs 
and Border Protection shall submit a report to the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security 
of the House of Representatives that includes, for each 
Border Patrol sector— 
(1) an assessment of the most appropriate, 
practical, and cost effective means of defending the 
land borders of the United States against threats to 
security and illegal transit, including intelligence ca-
pacities, technology, equipment, personnel, and 
training needed to address security vulnerabilities; 
(2) an assessment of staffing needs for all bor-
der security functions, including an assessment of 
efforts to take into account asylum seekers, traf-
ficking victims, unaccompanied children, and other 
vulnerable populations; 
(3) a description of— 
(A) the border security roles and missions 
of Federal, State, regional, Tribal, and local au-
thorities; and 
(B) recommendations regarding actions the 
Commissioner could carry out to improve co-
ordination with such authorities to enable bor-
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der security activities to be carried out in a 
more efficient and effective manner; 
(4) a description of ways to ensure that the free 
flow of travel and commerce is not diminished by ef-
forts, activities, and programs aimed at securing the 
land borders of the United States; and 
(5) an impact assessment of the loss of trade 
and commerce due to inadequate staffing at land 
ports of entry by U.S. Customs and Border Protec-
tion agents and officers. 
(b) ANNUAL REPORT ON MIGRANT DEATHS.— 
(1) CBP AND ICE.—Not later than 180 days 
after the date of the enactment of this Act, and an-
nually thereafter, the Commissioner of U.S. Customs 
and Border Protection and the Director of U.S. Im-
migration and Customs Enforcement shall jointly 
submit a report to the Comptroller General of the 
United States, the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the 
Committee on Homeland Security of the House of 
Representatives regarding deaths occurring along 
the United States-Mexico border, including— 
(A) the number of documented migrant 
deaths; 
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(B) a geographical breakdown of where 
such migrant deaths occurred; 
(C) the cause of death for each migrant, to 
the extent such information is available; 
(D) the extent to which border technology, 
physical barriers, and enforcement programs 
have contributed to such migrant deaths; and 
(E) a detailed description of U.S. Customs 
and Border Protection and U.S. Immigration 
and Customs Enforcement programs or plans to 
reduce the number of migrant deaths along the 
border, including an assessment on the effec-
tiveness of water supply sites and rescue bea-
cons. 
(2) GAO REVIEW.—Not later than 90 days 
after the submission of each report required under 
paragraph (1), the Comptroller General of the 
United States shall review such report to deter-
mine— 
(A) the validity of U.S. Customs and Bor-
der Protection’s and U.S. Immigration and 
Customs Enforcement’s statistical analyses of 
migrant deaths; 
(B) the extent to which U.S. Customs and 
Border Protection and U.S. Immigration and 
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Customs Enforcement have adopted simple and 
low-cost measures, such as water supply sites 
and rescue beacons, to reduce the frequency of 
migrants deaths; 
(C) the extent to which U.S. Customs and 
Border Protection and U.S. Immigration and 
Customs Enforcement measure the effectiveness 
of its programs to address the frequency of mi-
grant deaths; and 
(D) the extent of data and information 
sharing and cooperation among U.S. Customs 
and Border Protection, U.S. Immigration and 
Customs Enforcement, State and local law en-
forcement, foreign diplomatic and consular 
posts, and nongovernmental organizations— 
(i) to accurately identify deceased in-
dividuals; 
(ii) to notify family members of such 
deaths; and 
(iii) to compare information to miss-
ing persons registries. 
(c) GAO REPORT ON USE OF FORCE.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Comp-
troller General of the United States shall conduct a 
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study that examines the extent to which U.S. Cus-
toms and Border Protection and U.S. Immigration 
and Customs Enforcement have clarified use of force 
policies and submit a report to Congress containing 
the results of such study, which shall include— 
(A) the extent to which U.S. Customs and 
Border Protection and U.S. Immigration and 
Customs Enforcement have implemented new 
training tactics to improve use of force policies, 
including how the use of force policies conform 
to Department of Homeland Security and Fed-
eral law enforcement best practices; 
(B) the extent to which U.S. Customs and 
Border Protection and U.S. Immigration and 
Customs Enforcement have identified additional 
or alternative weapons and equipment to im-
prove agents’ and officers’ abilities to de-esca-
late confrontations, including protective gear; 
(C) efforts to review and enhance current 
training and tactics related to use of force, and 
to implement reforms to ensure that agents and 
officers are better equipped to assess and re-
spond to threats; 
(D) the extent to which U.S. Customs and 
Border Protection and U.S. Immigration and 
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Customs Enforcement have established a stake-
holder engagement framework to better inform 
and enhance U.S. Customs and Border Protec-
tion’s use of force training; 
(E) the extent to which U.S. Customs and 
Border Protection and U.S. Immigration and 
Customs 
Enforcement 
have 
established 
metrics— 
(i) to track the effectiveness of use of 
force training; and 
(ii) to ensure the reporting of all uses 
of force for review to determine whether 
the force used was justified and whether it 
could have been avoided through different 
tactics or training, better supervision, dif-
ferent tools, adherence to policy, or 
changes in policy; 
(F) how U.S. Customs and Border Protec-
tion and U.S. Immigration and Customs En-
forcement could implement best law enforce-
ment practices to improve policies for trans-
parent communication with family members of 
individuals injured or killed by U.S. Customs 
and Border Protection or U.S. Immigration and 
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Customs Enforcement agent’s and officer’s use 
of force, including— 
(i) updates on any pending investiga-
tions; and 
(ii) policies for timely notification of 
such injuries and deaths following such 
uses of force to the Commissioner of U.S. 
Customs and Border Protection or the Di-
rector of U.S. Immigration and Customs 
Enforcement, the Joint Intake Center of 
the Department of Homeland Security, the 
Office of Inspector General of the Depart-
ment, the Office for Civil Rights and Civil 
Liberties of the Department, the Offices of 
Public Affairs of the Department, Con-
gress, and the applicable consulates, if ap-
propriate; 
(G) how recommendations and requests 
made by agents and officers of U.S. Customs 
and Border Protection and U.S. Immigration 
and Customs Enforcement have been received, 
reviewed, and, if possible, implemented into the 
use of force policies and best practices of U.S. 
Customs and Border Protection; and 
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(H) the extent to which U.S. Customs and 
Border Protection and U.S. Immigration and 
Customs Enforcement electronically track per-
sonal searches and seizures of personal items at 
the border, including an assessment of how 
such information is used to inform U.S. Cus-
toms and Border Protection and U.S. Immigra-
tion and Customs Enforcement policies and 
procedures. 
(2) IMPLEMENTATION OF GAO FINDINGS.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Homeland Security shall direct the Commis-
sioner of U.S. Customs and Border Protection 
and the Director of U.S. Immigration and Cus-
toms Enforcement to implement any rec-
ommendations contained in the report required 
under paragraph (1). 
(B) NOTIFICATION REQUIREMENT.—If the 
Secretary of Homeland Security fails to imple-
ment such recommendations, the Secretary 
shall submit written notification to the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate, and the Com-
mittee on Homeland Security of the House of 
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Representatives that explains why such rec-
ommendations have not been implemented. 
(d) CBP REPORT ON USE OF BODY-WORN CAM-
ERAS.— 
(1) DEFINED TERM.—In this subsection, the 
term ‘‘data’’ means video and audio footage cap-
tured by a body-worn camera during its use. 
(2) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Commis-
sioner of U.S. Customs and Border Protection shall 
submit a report to the Committee on Homeland Se-
curity and Governmental Affairs of the Senate, and 
the Committee on Homeland Security of the House 
of Representatives relating to the use, practices, and 
procedures of body-worn cameras by U.S. Customs 
and Border Protection agents and officers, includ-
ing— 
(A) the number of body-worn cameras in 
active use within U.S. Customs and Border 
Protection; 
(B) the location, broken down by station, 
in which such body-worn cameras are in use; 
(C) the rank and position of the agents 
and officers of U.S. Customs and Border Pro-
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tection at each such station who are assigned 
body-worn cameras; 
(D) the standing policies of U.S. Customs 
and Border Protection regarding— 
(i) the storage of body-worn camera 
data, including additional requirements or 
decisions that are unique to a particular 
sector; 
(ii) the review of data from individual 
body-worn cameras; and 
(iii) the request for review of data 
from individual body-worn cameras by U.S. 
Customs and Border Protection personnel 
or civilians; 
(E) the latest complaint reports from each 
sector and location in which body-worn cameras 
are being used; and 
(F) any existing plan to implement, on a 
permanent basis, the use of body-worn cameras 
by officers and agents of U.S. Customs and 
Border Protection. 
(3) GAO REVIEW.—Not later than 90 days 
after the submission of the report required under 
paragraph (2), the Comptroller General of the 
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United States shall review such report to deter-
mine— 
(A) the extent to which U.S. Customs and 
Border Protection has adopted measures re-
lated to body-worn cameras; and 
(B) the effectiveness of U.S. Customs and 
Border Protection use, practices, and proce-
dures of body-worn cameras by agents and offi-
cers. 
(e) REPORT ON THE IMPACT OF BORDER ENFORCE-
MENT TECHNOLOGIES
AND OPERATIONS
ON BORDER 
COMMUNITIES.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall submit a report to the Committee on Home-
land Security and Governmental Affairs of the Senate, the 
Committee on the Judiciary of the Senate, the Committee 
on Homeland Security of the House of Representatives, 
and the Committee on the Judiciary of the House of Rep-
resentatives that assesses— 
(1) the efforts and technologies used along 
United States borders; and 
(2) the impact on border communities of such 
efforts and technologies on civil rights, private prop-
erty rights, privacy rights, and civil liberties. 
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(f) GAO REPORT ON THE EXTENT OF CBP ACTIVI-
TIES, OPERATIONS, AND CLAIMED AUTHORITY.—Not 
later than 1 year after the date of the enactment of this 
Act, the Comptroller General of the United States shall 
submit a report to the congressional committees referred 
to in subsection (e) that assesses— 
(1) the range of the current activities, oper-
ations (including checkpoints), and claimed authority 
of U.S. Customs and Border Protection; 
(2) the extent to which the range of activities, 
operations, and claimed authority referred to in 
paragraph (1) is necessary for U.S. Customs and 
Border Protection’s interior enforcement; and 
(3) the impact of U.S. Customs and Border 
Protection’s interior enforcement and activities de-
scribed in paragraphs (1) and (2) on civil, constitu-
tional, and private property rights. 
(g) GAO REPORT ON FEASIBILITY OF ESTABLISH-
MENT OF ALTERNATE IMMIGRATION COURT SYSTEM.— 
Not later than 1 year after the date of the enactment of 
this Act, the Comptroller General of the United States 
shall submit to Congress a report, which shall be published 
and made available to the public, on the feasibility of es-
tablishing an immigration court system, outside the execu-
tive branch, composed of judges appointed for a fixed term 
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with jurisdiction over cases arising under the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) or any other 
immigration law of the United States. Such report shall 
include an analysis of the appeal process for such cases, 
the impact that such an immigration court system would 
have on the number of cases heard by each immigration 
judge and any backlog of such cases, barriers to the estab-
lishment of such an immigration court system, and rec-
ommendations relating to the establishment of such an 
court system. 
SEC. 8. LIMITATION ON SEPARATION OF FAMILIES. 
(a) PROHIBITION ON SEPARATION.—An agent or of-
ficer of a designated law enforcement agency performing 
functions under the immigration laws (as defined in sec-
tion 101 of the Immigration and Nationality Act (8 U.S.C. 
1101)) may not remove a child from the parent or legal 
guardian of such child solely for the policy goal of— 
(1) deterring individuals from migrating to the 
United States; or 
(2) promoting compliance with immigration 
laws (as defined in section 101 of the Immigration 
and Nationality Act (8 U.S.C. 1101)). 
(b) EXCEPTION.— 
(1) IN GENERAL.—An agent or officer of a des-
ignated law enforcement agency performing func-
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tions under the immigration laws (as defined in sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101)) may remove a child from the parent 
or legal guardian of such child, at or near a port of 
entry or within 100 miles of a border of the United 
States, if one of the following has been satisfied: 
(A) Any State court, authorized under 
State law, terminates the rights of the parent 
or legal guardian, 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 makes any similar de-
termination that is legally authorized under 
State law. 
(B) Any official from a State or county 
child welfare agency makes a determination 
that it is in the best interests of the child to be 
removed from the parent or legal guardian be-
cause the child is in danger of abuse or neglect 
at the hands of the parent or legal guardian, or 
the child is a danger to himself or herself or 
others. 
(2) 
INDEPENDENT
AUTHORIZATION
RE-
QUIRED.— 
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(A) IN GENERAL.—In the case that a child 
is removed from the parent or legal guardian of 
such child pursuant to this subsection, not later 
than 48 hours after such removal, the Secretary 
of Homeland Security shall seek a determina-
tion from a qualified child welfare expert on 
whether removal of the child from the parent or 
legal guardian was permissible under this sub-
section. 
(B) RESULTS OF DETERMINATION.—If the 
qualified child welfare expert does not make a 
determination that the removal of the child 
from the parent or legal guardian was permis-
sible under this subsection, the child shall be re-
united with the parent or legal guardian. 
(c) CAUSE OF ACTION.—A parent or legal guardian 
of a child removed in violation of this section may bring 
an action against the Secretary of Homeland Security in 
a district court of the United States for injunctive relief. 
(d) PENALTY FOR FAMILY SEPARATION.—Any per-
son who knowingly removes a child from their parent or 
legal guardian in violation of this section, shall be fined 
not more than $10,000 per occurrence of such removal. 
(e) DOCUMENTATION REQUIRED.—In the case that 
a child is removed from the parent or legal guardian of 
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such child in accordance with this section, the Secretary 
of Homeland Security shall ensure that the parent or legal 
guardian of the child is provided documentation of such 
removal, including— 
(1) why the child was removed from the parent 
or guardian; and 
(2) any evidence the Secretary has relating to 
removal of the child from the parent or legal guard-
ian. 
(f) DEFINITIONS.—In this section: 
(1) CHILD WELFARE AGENCY DEFINED.—The 
term ‘‘child welfare agency’’ means the State, terri-
torial, or Tribal agency responsible for child or fam-
ily services and welfare. 
(2) QUALIFIED CHILD WELFARE EXPERT.—The 
term ‘‘qualified child welfare expert’’ means a child 
welfare expert licensed by the State or county in 
which the child was removed from the parent or 
legal guardian of such child and who is independent 
of the U.S. Customs and Border Protection. 
SEC. 9. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to limit the 
right of any parent, legal guardian or child may have 
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under law, including the settlement agreement in Ms. L. 
v. ICE, 18–cv–00428 (S.D. Cal. Dec. 11, 2023). 
Æ 
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