Title: To amend section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to clarify the standards for family detention, and for other purposes.
Policy area: Immigration

Summary:
This bill amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to provide that the detention of any alien child who is not an unaccompanied alien child shall be governed by provisions of the Immigration and Nationality Act relating to visa waiver program temporary nonimmigrant tourists. There is no presumption that an alien child who is not an unaccompanied alien child should not be detained, and all such determinations shall be in the discretion of the Department of Homeland Security (DHS).
DHS may not release an alien minor who is not an unaccompanied alien child to any individual other than a parent or legal guardian.
DHS shall detain aliens charged with an improper entry misdemeanor with their children under the age of 18 while the charges are pending.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6173 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6173

  To amend section 235 of the William Wilberforce Trafficking Victims 
  Protection Reauthorization Act of 2008 to clarify the standards for 
               family detention, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 21, 2018

  Mr. Knight 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 amend section 235 of the William Wilberforce Trafficking Victims 
  Protection Reauthorization Act of 2008 to clarify the standards for 
               family detention, 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. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

    (a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended by adding at the end the following:
    ``(j) Construction.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, judicial determination, consent decree, or settlement 
        agreement, the detention of any alien child who is not an 
        unaccompanied alien child shall be governed by sections 217, 
        235, 236, and 241 of the Immigration and Nationality Act (8 
        U.S.C. 1187, 1225, 1226, and 1231). There exists no presumption 
        that an alien child who is not an unaccompanied alien child 
        should not be detained, and all such determinations shall be in 
        the discretion of the Secretary of Homeland Security.
            ``(2) Release of minors other than unaccompanied aliens.--
        In no circumstances shall an alien minor who is not an 
        unaccompanied alien child be released by the Secretary of 
        Homeland Security other than to a parent or legal guardian.
            ``(3) Family detention.--The Secretary of Homeland Security 
        shall--
                    ``(A) maintain the care and custody of an alien, 
                during the period during which the charges described in 
                clause (i) are pending, who--
                            ``(i) is charged only with a misdemeanor 
                        offense under section 275(a) of the Immigration 
                        and Nationality Act (8 U.S.C. 1325(a)); and
                            ``(ii) entered the United States with the 
                        alien's child who has not attained 18 years of 
                        age; and
                    ``(B) detain the alien with the alien's child.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
all actions that occur before, on, or after the date of the enactment 
of this Act.
    (c) Preemption of State Licensing Requirements.--Notwithstanding 
any other provision of law, judicial determination, consent decree, or 
settlement agreement, no State may require that an immigration 
detention facility used to detain children who have not attained 18 
years of age, or families consisting of one or more of such children 
and the parents or legal guardians of such children, that is located in 
that State, be licensed by the State or any political subdivision 
thereof.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FAMILY DETENTION.

    There are authorized to be appropriated for family detention 
facilities $50,000,000 to the Department of Homeland Security--U.S. 
Customs and Border Protection--Procurement, Construction, and 
Improvements account.
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