Title: Reunifying Separated Families Act of 2018
Policy area: Immigration

Summary:
Reunifying Separated Families Act of 2018
This bill directs the Department of Homeland Security (DHS) to reunite each alien child (i.e., under age 18 and no permanent immigration status) who was separated from a parent or legal guardian on or after April 6, 2018, unless a state court or child welfare agency determines that it is in the best interests of the child to remain separated from a parent or legal guardian or there are DHS findings of trafficking or abuse. DHS is subject to a fine of $1,000 per child for each day such child is not reunited with a parent.
The bill prohibits an agent or officer of DHS, the Department of Justice, or the Department of Health and Human Services from removing a child from a parent or legal guardian at or near a port of entry or within 100 miles of the border, unless a state court, child welfare agency, or the Chief Patrol Agent or the Area Port Director make findings relating to the best interests of the child or the threat of trafficking or abuse. No such agent or officer may separate a child from a parent or legal guardian solely for the policy goals of deterring individuals from migrating to the United States or for promoting compliance with civil immigration laws.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6304 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6304

To direct the Secretary of Homeland Security to reunite alien children 
separated from their parent or legal guardian with such parent or legal 
                   guardian, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 3, 2018

  Mr. Crist (for himself, Mr. Crowley, Mr. Huffman, Mr. Sean Patrick 
 Maloney of New York, Ms. Norton, Mr. Soto, Ms. Wilson of Florida, Ms. 
Wasserman Schultz, Mr. Hastings, and Mr. Lawson of Florida) 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 direct the Secretary of Homeland Security to reunite alien children 
separated from their parent or legal guardian with such parent or legal 
                   guardian, 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 ``Reunifying Separated Families Act of 
2018''.

SEC. 2. REUNITING SEPARATED FAMILIES.

    (a) In General.--Except as provided in subsection (b), on the date 
of the enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Attorney General, the Secretary of Health and 
Human Services, and the Secretary of State, shall reunite each alien 
child who was separated from the child's parent or legal guardian on or 
after April 6, 2018.
    (b) Exceptions.--The Secretary of Homeland Security shall not 
reunite a child described in subsection (a) with such child's parent or 
legal guardian from whom the child was separated if--
            (1) a State court, authorized under State law, terminated 
        the rights of the parent or legal guardian, determined 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 made any 
        similar determination that is legally authorized under State 
        law;
            (2) an official from the State or county child welfare 
        agency with expertise in child trauma and development made a 
        best interests determination that it is in the best interests 
        of the child to be removed from the parent or legal guardian 
        because the child is in danger of abuse or neglect at the hands 
        of the parent or legal guardian, or is a danger to herself or 
        others; or
            (3) the separation was based on a finding of an officer or 
        employee of the Department of Homeland Security that--
                    (A) the child 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 the parent or legal guardian of the child; or
                    (C) the child is in danger of abuse or neglect at 
                the hands of the parent or legal guardian, or is a 
                danger to themselves or others, except that, in the 
                case that a child is removed from his or her parent or 
                legal guardian under this section, an independent child 
                welfare expert licensed by the State or county in which 
                the child was so removed, authorizes the separation not 
                later than 48 hours after such removal, and if such 
                expert does not authorize such separation, the child 
                shall be reunited with his or her parent or legal 
                guardian not later than 48 hours after such 
                determination.

SEC. 3. CIVIL PENALTY.

    Beginning on the date that is 30 days after the date of the 
enactment of this Act, the Secretary of Homeland Security may be fined 
not more than $1,000 per child for each day that a child described in 
section 2(a) is not reunited with the child's parent from whom the 
child was separated.

SEC. 4. INSPECTOR GENERAL REPORT.

    Not later than 90 days after the date of the enactment of this Act, 
the Inspector General of the Department of Homeland Security shall 
submit a report to Congress on--
            (1) whether the location of any children described in 
        section 2(a) is unknown, and if so, an explanation of why the 
        location of such children is unknown; and
            (2) whether the policy of separating children from their 
        parents and processing them as unaccompanied alien children was 
        intended by the Department of Homeland Security to deter 
        unlawful border crossings.

SEC. 5. LIMITATION ON THE SEPARATION OF FAMILIES.

    (a) In General.--An agent or officer of a designated agency shall 
be prohibited from removing a child from his or her parent or legal 
guardian, at or near the port of entry or within 100 miles of a border 
of the United States, unless one of the following has occurred:
            (1) A 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 determination that is legally authorized under State 
        law.
            (2) An official from the State or county child welfare 
        agency with expertise in child trauma and development makes a 
        best interests determination that it is in the best interests 
        of the child to be removed from the parent or legal guardian 
        because the child is in danger of abuse or neglect at the hands 
        of the parent or legal guardian, 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 child 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 the parent or legal guardian of the child; or
                    (C) the child is in danger of abuse or neglect at 
                the hands of the parent or legal guardian, or is a 
                danger to themselves or others,
        except that, in the case that a child is removed from his or 
        her parent or legal guardian under this section, an independent 
        child welfare expert licensed by the State or county in which 
        the child was so removed, authorizes the separation not later 
        than 48 hours after such removal, and if such expert does not 
        authorize such separation, the child shall be reunited with his 
        or her parent or legal guardian not later than 48 hours after 
        such determination.
    (b) Prohibition on Separation.--
            (1) In general.--A designated agency may not remove a child 
        from a parent or legal guardian 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.
            (2) Penalty for family separation.--Any person who 
        knowingly separates a child from his or her parent or legal 
        guardian in violation of this section, shall be fined not more 
        than $10,000.
    (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.
    (d) Definitions.--In this section:
            (1) 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.
            (2) The term ``agent or officer'' includes contractors of 
        the Federal Government.
            (3) The term ``child'' means an individual who--
                    (A) has not reached the age of 18; and
                    (B) has no permanent immigration status.
            (4) The term ``committees of jurisdiction'' means--
                    (A) the Committee on the Judiciary and the 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate; and
                    (B) the Committee on the Judiciary and the 
                Committee on Education and the Workforce of the House 
                of Representatives.
            (5) The term ``finding'' means an individualized written 
        assessment or screening formalized as required under subsection 
        (c).
            (6) The term ``in danger of abuse or neglect at the hands 
        of the parent or legal guardian'' does not include migrating to 
        or crossing of a border of the United States.
            (7) Unless otherwise specified, the term ``Secretary'' 
        means the Secretary of Homeland Security.
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