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This bill would change federal immigration rules to make it easier for the government to hold families together in detention. It says that children who are not alone at the border do not have a built-in preference for release, and that detention of those children should follow the same immigration detention laws that apply to adults. It also directs the Department of Homeland Security to keep certain parents in custody with their children if the parent is charged only with illegal entry and came into the country with a child under 18. In addition, the bill would block states from requiring immigration detention facilities that hold children or families to get state licenses.
- It says there should be no automatic assumption that a child who came with a parent should not be detained.
- It requires Homeland Security to keep certain parents in custody and detain them together with their children while those charges are pending.
- It says the changes are meant to fit with the long-running court agreement known as Flores, as applied to children who are with their parents or guardians.
- It would take effect right away and apply to actions that happened before, on, or after the law is enacted.
- It also says states cannot force immigration detention centers in their state to get state or local licenses if those centers are used to detain children or family groups.
Official Summaries
Ensuring United Families at the Border Act
This bill addresses the treatment of children who are non-U.S. nationals (aliens under federal law), including by statutorily establishing that there is no presumption that such a child (other than an unaccompanied child) should not be detained for immigration purposes.
Specifically, the bill states that the detention of such minors shall be governed by specified sections of the Immigration and Nationality Act and not any other provision of law, judicial ruling, or settlement agreement.
(A 1997 settlement agreement, commonly known as the Flores agreement, imposes requirements relating to the treatment of detained alien minors, including requiring such minors to be released or placed in a nonsecure facility after a certain amount of time in detention.)
If an adult enters the United States unlawfully with their child, the Department of Homeland Security must detain the adult and child together if the only criminal charge against the adult is a misdemeanor for unlawful entry.
This bill also prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors or families with minors.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 61 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 61
To amend 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
January 3, 2025
Mr. Biggs of Arizona (for himself, Mr. Burlison, Mr. Crane, and Mr.
Nehls) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend 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. SHORT TITLE.
This Act may be cited as the ``Ensuring United Families at the
Border Act''.
SEC. 2. 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 is no presumption
that an alien child who is not an unaccompanied alien child
should not be detained.
``(2) 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) Sense of Congress.--It is the sense of Congress that the
amendments in this section to section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232) are intended to satisfy the requirements of the Settlement
Agreement in Flores v. Meese, No. 85-4544 (C.D. Cal) as approved by the
court on January 28, 1997, with respect to its interpretation in Flores
v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the agreement
applies to accompanied minors.
(c) 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.
(d) 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.
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