Title: Preventing Family Separation for Immigrants with Disabilities Act
Policy area: Immigration

Summary:
Preventing Family Separation for Immigrants with Disabilities Act
This bill prohibits an agent or officer of the Departments of Homeland Security, Justice, or Health and Human Services from removing a protected individual (i.e., an individual with a developmental disability and no permanent immigration status) from a family member at or near the port of entry or within 100 miles of the U.S. border unless a state court or state or county welfare agency determines that removal is in the best interest of such individual. The Chief Patrol Agent or the Area Port Director may also authorize removal upon a finding that the protected individual is a victim of trafficking or is at significant risk of being a victim of trafficking, there is a strong likelihood that the adult is not a family member of the protected individual, or the protected individual is in danger of abuse or neglect.
A protected individual may not be removed from a family member solely for the policy goal of deterring individuals from migrating to the United States or for promoting compliance with civil immigration laws.
DHS must provide the family member of a protected individual who was separated with information about the activities of such individual and certain other information on a monthly basis.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6232 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6232

  To limit the separation of families including an individual with an 
          developmental disability at or near ports of entry.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2018

   Mr. Sean Patrick Maloney of New York (for himself, Ms. Bass, Mr. 
 O'Halleran, Mr. Meeks, Mr. Cohen, Ms. Clarke of New York, Mr. Payne, 
Mr. Espaillat, Ms. Velazquez, Mr. Correa, Ms. Titus, and Mr. McGovern) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary, and in addition to the Committee on Homeland Security, 
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 limit the separation of families including an individual with an 
          developmental disability at or near ports of entry.

    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 ``Preventing Family Separation for 
Immigrants with Disabilities Act''.

SEC. 2. LIMITATION ON THE SEPARATION OF FAMILIES INCLUDING AN 
              INDIVIDUAL WITH AN DEVELOPMENTAL DISABILITY.

    (a) In General.--An agent or officer of a designated agency shall 
be prohibited from removing a protected individual from his or her 
family member, at or near the port of entry or within 100 miles of the 
border of the United States, unless one of the following has occurred:
            (1) A State court, authorized under State law, terminates 
        the rights of a family member, determines that it is in the 
        best interests of the protected individual to be removed from 
        his or her family member, in accordance with the Adoption and 
        Safe Families Act of 1997 (Public Law 105-89), or makes any 
        similar determination that is legally authorized under State 
        law.
            (2) An official from the State or county welfare agency 
        with expertise in trauma and development and an official from 
        the State protection and advocacy system make a best interests 
        determination that it is in the best interests of the protected 
        individual to be removed from his or her family member because 
        the protected individual is in danger of abuse or neglect at 
        the hands of the family member, or is a danger to herself or 
        others.
            (3) The Chief Patrol Agent or the Area Port Director in 
        their official and undelegated capacity, authorizes separation 
        upon the recommendation by an agent or officer, based on a 
        finding that--
                    (A) the protected individual is a victim of 
                trafficking or is at significant risk of becoming a 
                victim of trafficking;
                    (B) there is a strong likelihood that the adult is 
                not a family member of the protected individual; or
                    (C) the protected individual is in danger of abuse 
                or neglect at the hands of the family member, or is a 
                danger to themselves or others.
    (b) Prohibition on Separation.--An agency may not remove a 
protected individual from a family member solely for the policy goal of 
deterring individuals from migrating to the United States or for the 
policy goal of promoting compliance with civil immigration laws.
    (c) Documentation Required.--The Secretary shall ensure that a 
separation under subsection (a)(3) is documented in writing and 
includes, at a minimum, the reason for such separation, together with 
the stated evidence for such separation.

SEC. 3. REQUIRED INFORMATION FOR SEPARATED FAMILIES.

    Not less frequently than once every month, the Secretary shall 
provide the family member of a protected individual who was separated, 
the following information, at a minimum:
            (1) A status report on the monthly activities of the 
        protected individual.
            (2) Information about the education and health of the 
        protected individual, including any medical treatment provided 
        to the individual or medical treatment recommended for the 
        individual.
            (3) Information about changes to the individual's 
        immigration status, as well as information about the State 
        protection and advocacy office that has monitoring authority.
            (4) Other information about the individual, designed to 
        promote and maintain family reunification, as the Secretary 
        determines in his or her discretion.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Agent; officer.--The terms ``agent'' and ``officer'' 
        include contractors of the Federal Government.
            (2) Danger of abuse or neglect at the hands of the family 
        member.--The term ``danger of abuse or neglect at the hands of 
        the family member'' shall not mean migrating to or crossing the 
        United States border.
            (3) Designated agency.--The term ``designated agency'' 
        means--
                    (A) the Department of Homeland Security;
                    (B) the Department of Justice; and
                    (C) the Department of Health and Human Services.
            (4) Disabilities specialist.--The term ``disabilities 
        specialist'' means an individual with expertise working with 
        individuals with a disability who is--
                    (A) a physician;
                    (B) an osteopath; or
                    (C) a psychologist.
            (5) Finding.--The term ``finding'' means an individualized 
        written assessment or screening by the trained agent or officer 
        that includes a consultation with a disabilities specialist, 
        formalized as required under section 1(c).
            (6) Protected individual.--The term ``protected 
        individual'' means an individual who--
                    (A) has an developmental disability; and
                    (B) has no permanent immigration status.
            (7) Secretary.--Unless otherwise specified, the term 
        ``Secretary'' means the Secretary of Homeland Security.
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