Flores Settlement Update and Establishment Act of 2022
Bill: H.R.8356 | Sponsor: Rep. Crenshaw, Dan (R-TX)
Policy area: Immigration

Summary:
Flores Settlement Update and Establishment Act of 2022
This bill modifies and provides statutory authority for certain policies pertaining to the treatment of minors without lawful immigration status under the Flores settlement and revises certain human trafficking laws.
For example, the bill requires each member of a family unit seeking asylum to take a DNA test to verify familial relationships within 72 hours of the family encountering U.S. Customs and Border Protection.

To amend the William Wilberforce Trafficking Victims Protection 
  Reauthorization Act of 2008 with respect to minor children, 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 ``Flores Settlement Update and 
Establishment Act of 2022''.

SEC. 2. HOLDING AND PROCESSING OF MINOR CHILDREN.

    (a) Treatment of Minor Children.--Not later than 90 days after the 
date of the enactment of this Act the Secretary of Homeland Security 
shall:
            (1) Permit a minor child to be held by the Secretary of 
        Homeland Security for not more than 120 days prior to being 
        transferred to the Secretary of Health and Human Services.
            (2) Require each member of a family unit seeking asylum at 
        the United States-Mexico border to take a DNA test, within 72 
        hours of such family unit encountering the U.S. Customs and 
        Border Protection, to ensure that the minor children and an 
        adult of the family unit are first-degree or second-degree 
        relatives (as described in section 1635.3 of title 29, Code of 
        Federal Regulations (or any successor thereto)).
            (3) Require the detention and segregation, at the same 
        site, of minor children and each adult in a family unit until 
        evidence of a familial relationship is established pursuant to 
        paragraph (2).
            (4) Segregate unaccompanied alien children from non-related 
        adults.
            (5) Segregate unaccompanied alien children who are 
        prepubescent from post-pubescent unaccompanied alien children.
            (6) Segregate a family unit from other populations at the 
        same facility.
            (7) Require that the Commissioner of the U.S. Customs and 
        Border Protection provide each minor child:
                    (A) Facilities that are safe and sanitary.
                    (B) Access to toilets, sinks, and hygiene 
                facilities where non-related adults are not present at 
                the time of use.
                    (C) Access to drinking water and food.
                    (D) Access to appropriate medical assistance.
                    (E) Facilities that have adequate temperature 
                control and ventilation.
                    (F) Adequate supervision to protect the minor 
                child.
    (b) Prosecution of Certain Adults.--If the Secretary of Homeland 
Security determines that minor child and adult, presenting as a family 
unit, are not first-degree or second-degree relatives (as described in 
section 1635.3 of title 29, Code of Federal Regulations (or any 
successor thereto)) pursuant to the DNA test required under subsection 
(a)(2), the adult shall be referred to the Attorney General for 
appropriate action under--
            (1) section 1201 of title 18, United States Code;
            (2) section 274 of the Immigration and Nationality Act (8 
        U.S.C. 1324);
            (3) section 2422 of title 18, United States Code;
            (4) section 1591 of title 18, United States Code; or
            (5) any other Federal law determined by the Attorney 
        General to be appropriate.
    (c) Transfer of Unaccompanied Alien Child.--Section 235(b)(3) of 
the William Wilberforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232(b)(3)) is amended by striking ``72 hours'' 
and inserting ``120 days''.
    (d) Release of Unaccompanied Alien Child.--Section 235(c)(3) of the 
William Wilberforce Trafficking Victims Protection Reauthorization Act 
of 2008 (8 U.S.C. 1232(c)(3)) is amended by adding at the end the 
following new subparagraph:
                    ``(D) Additional requirements for proposed 
                custodians.--
                            ``(i) Lawful presence.--An unaccompanied 
                        alien child may not be placed with a proposed 
                        custodian unless the Secretary of Health and 
                        Human Services, in consultation with the 
                        Secretary of Homeland Security, determines that 
                        such custodian is lawfully present in the 
                        United States.
                            ``(ii) Familial relation.--An unaccompanied 
                        alien child may not be placed with a proposed 
                        custodian unless the Secretary of Health and 
                        Human Services, in consultation with the 
                        Secretary of Homeland Security, determines that 
                        such custodian is a first-degree or second-
                        degree relative of the unaccompanied alien 
                        child as defined in section 1635.3 of title 29, 
                        Code of Federal Regulations (or any successor 
                        thereto).
                            ``(iii) Criminal conviction.--An 
                        unaccompanied alien child may not be placed 
                        with a proposed custodian unless the Secretary 
                        of Health and Human Services, in consultation 
                        with the Secretary of Homeland Security, 
                        determines that such custodian has not been 
                        convicted, or have a charge pending at the time 
                        of consideration of being a proposed custodian, 
                        for a crime of violence (as defined by section 
                        16 of title 18, United States Code), a sexual 
                        offense, an offense with respect to human 
                        trafficking, or kidnapping (as described in 
                        section 1201 of title 18, United States Code) 
                        at the Federal, State, or local level.
                            ``(iv) Definitions.--For the purposes of 
                        this subparagraph:
                                    ``(I) Crime of violence.--The term 
                                `crime of violence' shall have the 
                                meaning given such term in section 16 
                                of title 18, United States Code.
                                    ``(II) Sexual offense.--The term 
                                `sexual offense' means an act described 
                                in subsections (a) through (d) of 
                                section 920, title 10, United States 
                                Code.
                                    ``(III) Offense with respect to 
                                human trafficking.--The term `offense 
                                with respect to human trafficking' 
                                means--
                                            ``(aa) sex trafficking in 
                                        which a commercial sex act is 
                                        induced by force, fraud, or 
                                        coercion, or in which the 
                                        person induced to perform such 
                                        act has not attained 18 years 
                                        of age; or
                                            ``(bb) the recruitment, 
                                        harboring, transportation, 
                                        provision, or obtaining of a 
                                        person for labor or services, 
                                        through the use of force, 
                                        fraud, or coercion for the 
                                        purpose of subjection to 
                                        involuntary servitude, peonage, 
                                        debt bondage, or slavery.''.
    (e) Age Determinations.--Section 235(b)(4) of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 
(8 U.S.C. 1232(b)(4)) is amended--
            (1) by striking ``The Secretary of Health and Human 
        Services, in consultation'' and inserting:
                    ``(A) In general.--The Secretary of Health and 
                Human Services, in consultation''; and
            (2) by adding at the end the following new subparagraphs:
                    ``(B) Rule of construction.--
                            ``(i) Reasonable person.--Nothing in this 
                        paragraph may be construed--
                                    ``(I) to prevent the Secretary of 
                                Homeland Security from treating an 
                                alien who claims to be a minor, but for 
                                whom the Commissioner of the U.S. 
                                Customs and Border Protection 
                                reasonably concludes is an adult, as an 
                                adult; or
                                    ``(II) to prevent the Commissioner 
                                of the U.S. Customs and Border 
                                Protection from segregating a minor 
                                child from other minor children if they 
                                reasonably conclude such minor child is 
                                a threat to other minor children.
                            ``(ii) Display of certain affiliation.--
                        Nothing in this paragraph may be construed to 
                        prevent the Secretary of Homeland Security from 
                        treating a minor child who has a tattoo or 
                        other means of affiliation, including jewelry, 
                        medallion, or other item, to a known gang, 
                        cartel, or other transnational criminal 
                        organizations as an adult.
                            ``(iii) Transnational criminal organization 
                        defined.--For the purposes of this 
                        subparagraph, the term `transnational criminal 
                        organization' means a self-perpetuating 
                        association of individuals who operate, wholly 
                        or in part, by illegal means and irrespective 
                        of geography.''.
    (f) Authorization of Appropriation.--
            (1) DNA testing.--There is authorized to be appropriated to 
        carry out the DNA testing required under subsection (a)(2) 
        $35,000,000 for fiscal year 2023, to remain available through 
        September 30, 2025.
            (2) Facilities.--There is authorized to be appropriated for 
        the construction of permanent structures, leased spaces, and 
        contracted staffing for the purposes described in subsection 
        (a)(1) $115,000,000 for fiscal year 2023, to remain available 
        through September 30, 2025.
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