Freedom for Families Act
Bill: S.1517 | Sponsor: Sen. Merkley, Jeff (D-OR)
Policy area: Immigration

Summary:
Freedom for Families Act
This bill prohibits using federal funds for facilities used to detain noncitizen families and addresses related issues.
Specifically, no funds made available may be used to operate or construct a family detention center, whether operated by U.S. Immigration and Customs Enforcement or a contractor. This prohibition shall also apply to funds made available before this bill's enactment.
Funds obligated to operate such centers must instead be used for implementing and developing nondetention programs that are community-based and consistent with international best practices.
The Department of Homeland Security (DHS) may place an apprehended noncitizen family into such a nondetention program if DHS makes an individualized determination that doing so will facilitate the family's compliance with immigration laws. The programs must provide to participants a legal orientation and meaningful access to counsel.

To prohibit the use of funds for the operation or construction of 
           family detention centers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom for Families Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Federal Government has intentionally separated and 
        detained families seeking asylum in the United States 
        purportedly to deter other foreign nationals from coming to the 
        United States in the future. Such method of deterrence is 
        ineffective, contrary to human rights norms, and likely 
        violates United States and international law.
            (2) On September 7, 2018, the Secretary of Homeland 
        Security issued a proposed rule entitled ``Apprehension, 
        Processing, Care, and Custody of Alien Minors and Unaccompanied 
        Alien Children'' (83 Fed. Reg. 45486 (September 7, 2018)) that 
        attempted to circumvent a 1997 court agreement commonly known 
        as the ``Flores Settlement Agreement'' to undermine current 
        legal protections for children and families and increase family 
        detention.
            (3) Detaining families in family residential centers can 
        have long-term consequences on children, such as--
                    (A) difficulty regulating emotions, achieving 
                developmental milestones, and forming healthy 
                relationships;
                    (B) increased rates of anxiety, depression, and 
                post-traumatic stress disorder; and
                    (C) heightened risks of suicide and self-harm.
            (4) When family units are placed in family detention 
        facilities--
                    (A) family members experience feelings of isolation 
                and increased stress;
                    (B) the ability of the parents to care for their 
                children is compromised by the constraints of 
                detention; and
                    (C) the detention setting creates barriers to--
                            (i) accessing counsel and legal services; 
                        and
                            (ii) successfully obtaining relief from 
                        removal.
            (5) Nondetention-based practices, such as family case 
        management and community-based programs, are effective and 
        humane alternatives to family detention.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on the Judiciary and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on the Judiciary and the 
                Committee on Appropriations of the House of 
                Representatives.
            (2) Detain.--With respect to an individual, the term 
        ``detain'' means to compel an individual to stay in a location 
        from which the individual cannot leave on his or her own free 
        will.
            (3) Family residential center.--The term ``family 
        residential center'' means a facility that detains 1 or more 
        noncitizen families and that is directly operated by U.S. 
        Immigration and Customs Enforcement or by a governmental or 
        nongovernmental contractor for U.S. Immigration and Customs 
        Enforcement.
            (4) Noncitizen.--The term ``noncitizen'' means an 
        individual who is not a citizen or national of the United 
        States.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 4. PROHIBITION ON USE OF FUNDS FOR FAMILY DETENTION CENTERS.

    (a) In General.--Notwithstanding any other provision of law, none 
of the amounts made available after the date of the enactment of this 
Act for any fiscal year may be obligated or expended to operate or 
construct a family residential center, whether directly operated by 
U.S. Immigration and Customs Enforcement or by another governmental or 
nongovernmental contractor.
    (b) Previously Authorized Expenditures.--
            (1) In general.--Beginning on the date that is 30 days 
        after the date of the enactment of this Act, none of the 
        amounts made available before such date of enactment for the 
        purpose of operating or constructing a family residential 
        center may be used for such purpose.
            (2) Prohibition on transfer.--None of the amounts made 
        available before the date of the enactment of this Act may be 
        reprogrammed or transferred for the purpose of operating or 
        constructing a family residential center.
    (c) Alternatives to Detention.--
            (1) Transfer of funds.--Amounts obligated to operate a 
        family residential center as of the date of the enactment of 
        this Act shall be transferred for the implementation and 
        development of appropriate community-based nondetention 
        programs consistent with international best practices for 
        noncitizen families.
            (2) Nonprofit entity contracting partner.--
                    (A) In general.--The Secretary shall contract with 
                1 or more community-based qualified nonprofit service 
                providers that have the trust of their communities for 
                the operation of appropriate community-based 
                nondetention programs.
                    (B) Limitation on individuals who may serve as 
                designees.--The Secretary may only designate the 
                responsibility under subparagraph (A) to an individual 
                employed by the Office of the Secretary.
            (3) Participation.--A noncitizen family entering the United 
        States that is apprehended by the Secretary may be placed in a 
        nondetention program under this subsection if the Secretary 
        makes an individualized determination that participation in the 
        program will facilitate the family's compliance with the 
        immigration laws (as defined in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a))).
            (4) Legal orientation.--To facilitate participant 
        compliance with legal requirements, a nondetention program 
        under this subsection shall include--
                    (A) a legal orientation for each participant in the 
                program; and
                    (B) meaningful access to counsel.
            (5) Case management training.--
                    (A) In general.--The Secretary shall provide case 
                management training for all personnel of a nondetention 
                program under this subsection, including personnel of--
                            (i) the Department of Homeland Security; 
                        and
                            (ii) the nonprofit entity contracted under 
                        paragraph (2).
                    (B) Best practices.--The training under 
                subparagraph (A) shall--
                            (i) be based on international and social 
                        welfare best practices relating to immigration 
                        and refugee case management; and
                            (ii) include consultation with civil 
                        society experts with expertise in case 
                        management.
    (d) Rule of Construction.--Nothing in this Act may be construed to 
endorse the separation of noncitizen families who enter the United 
States at or between ports of entry.

SEC. 5. FEASIBILITY REVIEW OF TRANSFERRING ALTERNATIVES TO DETENTION 
              PROGRAM.

     The Secretary shall review the feasibility of transferring case 
management programs out of the purview of U.S. Immigration and Customs 
Enforcement and the Department of Homeland Security.
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