Title: Codifying President Trump's Affording Congress an Opportunity to Address Family Separation Executive Order Act
Policy area: Immigration

Summary:
Codifying President Trump's Affording Congress an Opportunity to Address Family Separation Executive Order Act
This bill amends the Immigration and Nationality Act to codify policies relating to the separation of alien family members who enter the United States illegally.
The bill requires the Department of Homeland Security (DHS) to maintain custody of alien families during the pendency of any criminal improper entry or other immigration proceedings. DHS may not detain an alien family together when detention of an alien child with the child's parent would pose a risk to the child's welfare.
The Department of Defense shall provide new and existing facilities for the housing and care of alien families. Executive departments and agencies shall also provide appropriate facilities for the housing and care of alien families pending court proceedings for improper entry.
The Department of Justice shall (1) file a request to modify an existing settlement agreement to permit the detention of alien families together during improper entry criminal or removal proceedings, and (2) prioritize the adjudication of cases involving detained family.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6182 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6182

   To amend the Immigration and Nationality Act to codify President 
     Trump's ``Affording Congress an Opportunity to Address Family 
         Separation Executive Order'', and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 21, 2018

 Mr. Duncan of South Carolina introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
Committee on Armed Services, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act to codify President 
     Trump's ``Affording Congress an Opportunity to Address Family 
         Separation Executive Order'', 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 ``Codifying President Trump's 
Affording Congress an Opportunity to Address Family Separation 
Executive Order Act''.

SEC. 2. KEEPING ILLEGAL ALIEN FAMILIES TOGETHER WHILE DETAINED.

    At the end of the Immigration and Nationality Act (8 U.S.C. 1182), 
insert the following:

``SEC. 601. FINDINGS.

    ``Congress finds it to be the policy of the United States to 
rigorously enforce our immigration laws. Under our laws, the only legal 
way for an alien to enter this country is at a designated port of entry 
at an appropriate time. When an alien enters or attempts to enter the 
country anywhere else, that alien has committed at least the crime of 
improper entry and is subject to a fine or imprisonment under section 
1325(a) of title 8, United States Code. This Administration will 
initiate proceedings to enforce this and other criminal provisions of 
the INA until and unless Congress directs otherwise. It is also the 
policy of this Administration to maintain family unity, including by 
detaining alien families together where appropriate and consistent with 
law and available resources. It is unfortunate that Congress's failure 
to act and court orders have put the Administration in the position of 
separating alien families to effectively enforce the law.

``SEC. 602. DEFINITIONS.

    ``For purposes of this Act, the following definitions apply:
    ``(a) `Alien family' means--
            ``(1) any person not a citizen or national of the United 
        States who has not been admitted into, or is not authorized to 
        enter or remain in, the United States, who entered this country 
        with an alien child or alien children at or between designated 
        ports of entry and who was detained; and
            ``(2) that person's alien child or alien children.
    ``(b) `Alien child' means any person not a citizen or national of 
the United States who--
            ``(1) has not been admitted into, or is not authorized to 
        enter or remain in, the United States;
            ``(2) is under the age of 18; and
            ``(3) has a legal parent-child relationship to an alien who 
        entered the United States with the alien child at or between 
        designated ports of entry and who was detained.

``SEC. 603. TEMPORARY DETENTION POLICY FOR FAMILIES ENTERING THIS 
              COUNTRY ILLEGALLY.

    ``(a) The Secretary of Homeland Security (Secretary), shall, to the 
extent permitted by law and subject to the availability of 
appropriations, maintain custody of alien families during the pendency 
of any criminal improper entry or immigration proceedings involving 
their members.
    ``(b) The Secretary shall not, however, detain an alien family 
together when there is a concern that detention of an alien child with 
the child's alien parent would pose a risk to the child's welfare.
    ``(c) The Secretary of Defense shall take all legally available 
measures to provide to the Secretary, upon request, any existing 
facilities available for the housing and care of alien families, and 
shall construct such facilities if necessary and consistent with law. 
The Secretary, to the extent permitted by law, shall be responsible for 
reimbursement for the use of these facilities.
    ``(d) Heads of executive departments and agencies shall, to the 
extent consistent with law, make available to the Secretary, for the 
housing and care of alien families pending court proceedings for 
improper entry, any facilities that are appropriate for such purposes. 
The Secretary, to the extent permitted by law, shall be responsible for 
reimbursement for the use of these facilities.
    ``(e) The Attorney General shall promptly file a request with the 
U.S. District Court for the Central District of California to modify 
the Settlement Agreement in Flores v. Sessions, CV 85-4544 (`Flores 
settlement'), in a manner that would permit the Secretary, under 
present resource constraints, to detain alien families together 
throughout the pendency of criminal proceedings for improper entry or 
any removal or other immigration proceedings.

``SEC. 604. PRIORITIZATION OF IMMIGRATION PROCEEDINGS INVOLVING ALIEN 
              FAMILIES.

    ``The Attorney General shall, to the extent practicable, prioritize 
the adjudication of cases involving detained families.

``SEC. 605. GENERAL PROVISIONS.

    ``(a) Nothing in this bill shall be construed to impair or 
otherwise affect--
            ``(1) the authority granted by law to an executive 
        department or agency, or the head thereof; or
            ``(2) the functions of the Director of the Office of 
        Management and Budget relating to budgetary, administrative, or 
        legislative proposals.''.
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