,i #aacth ,,congress #ast ,session ,h4 ,r4 #cacj ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjac,ms4 ,roybal-,allard introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish humane practices for the repatriation of aliens at the border1 establish effective standards for the treatment of certain aliens in the custody of the ,department of ,homeland ,security1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protect ,family ,values at the ,border ,act4 #b4 ,protection of family values in apprehension programs 7a7 ,procedures for migration deterrence programs at the border ,in any migration deterrence program carried out at a border1 the ,secretary and any cooperating entity shall for each apprehended individual-- 7#a7 as soon as practicable after such individual is apprehended-- 7,a7 inquire through a standardized procedure that shall be established by the ,secretary not later than #ij days after the date of the enactment of this ,act1 as to whether such apprehended individual is-- 7i7 a parent1 legal guardian1 or primary caregiver of a child2 or 7ii7 traveling with a spouse1 child1 or sibling2 and 7,b7 ascertain whether repatriation of such apprehended individual presents any humanitarian concern or concern related to such apprehended individual's physical safety2 and 7#b7 ensure that1 with respect to a decision related to the repatriation or referral for prosecution of such apprehended individual1 due consideration is given to-- 7,a7 the best interests of such apprehended individual's child1 in any2 7,b7 family unity whenever possible2 and 7,c7 other public interest factors1 including humanitarian concerns and concerns related to such apprehended individual's physical safety4 7b7 ,mandatory training ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 the ,attorney ,general1 the ,secretary of ,state1 and independent immigration1 child welfare1 family law1 and human rights law experts1 shall-- 7#a7 develop and provide specialized training for all personnel of ,u4,s4 ,customs and ,border ,protection and cooperating entities who come into contact with apprehended individuals regarding legal authorities1 policies1 and procedures relevant to the preservation of a child's best interest1 family unity1 and other public interest factors1 including factors described in subsection 7a72 and 7#b7 require border enforcement personnel to undertake periodic and continuing training on best practices and changes in relevant legal authorities1 policies1 and procedures referred to in paragraph 7#a74 7c7 ,annual report on the impact of migration deterrence programs at the border 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act and annually thereafter1 the ,secretary shall submit to ,congress a report that describes the impact of migration deterrence programs on parents1 legal guardians1 primary caregivers of a child1 individuals traveling with a spouse1 child1 or sibling1 and individuals who present humanitarian considerations or concerns related to such individual's physical safety4 7#b7 ,contents ,each report required under paragraph 7#a7 shall include for the previous year period an assessment of-- 7,a7 the number of apprehended individuals removed1 repatriated1 or referred for prosecution who are the parent1 legal guardian1 or primary caregiver of a child who is a citizen of the ,united ,states2 7,b7 the number of occasions in which both parents1 or the primary caretaker of such a child was removed1 repatriated1 or referred for prosecution as part of a migration deterrence program2 7,c7 the number of apprehended individuals traveling with a spouse1 parent1 grandparent1 sibling1 or child who are removed1 repatriated1 or referred for prosecution2 and 7,d7 the impact of migration deterrence programs on public interest factors1 including humanitarian concerns and physical safety4 7d7 ,regulations ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to implement this section4 #c4 ,limiting dangerous deportation practices 7a7 ,certification required 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act and every #ahj days thereafter1 the ,secretary1 except as provided in paragraph 7#b71 shall submit to ,congress written certification that the ,department has deported or otherwise removed for a violation of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 an apprehended individual from the ,united ,states through an entry or exit point on the southern border only during daylight hours4 7#b7 ,exception ,the certification required under paragraph 7#a7 shall not apply to the deportation or removal of an apprehended individual otherwise described in such paragraph if-- 7,a7 the manner of such deportation or removal is justified by a compelling governmental interest2 and 7,b7 such apprehended individual is not an unaccompanied alien child and such apprehended individual agrees to be deported or removed in such manner after being notified of the intended manner of deportation or removal4 7b7 ,consultation ,the ,secretary shall consult with the ,secretary of ,state and with local service providers at ports of entry1 including shelters1 hospitals1 and centers for deported women and children1 when negotiating or renegotiating agreements with the ,government of ,mexico and ,state and local entities governing arrangements for the deportation or removal of apprehended individuals to determine appropriate hours subject to subsection 7a7 for conducting deportations and removals1 and identifying safety concerns at deportation and removal sites4 #d4 ,short-term custody standards 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the head of the ,office of ,civil ,rights and ,civil ,liberties of the ,department1 shall promulgate regulations establishing short-term custody standards providing for basic minimums of care at all ,u4,s4 ,customs and ,border ,protection 7,,cbp7 facilities holding individuals in ,,cbp custody1 including-- 7#a7 ,border ,patrol stations2 7#b7 ports of entry2 7#c7 checkpoints2 7#d7 forward operating bases2 7#e7 secondary inspection areas2 and 7#f7 short-term custody facilities4 7b7 ,requirements ,the regulations promulgated in accordance with subsection 7a7 shall ensure that detention space capacity will not be exceeded except in emergency circumstances1 and that all individuals in ,,cbp custody receive-- 7#a7 potable water and a snack1 and1 if detained for more than five hours1 a nutritious meal with regular nutritious meals 7at least one of which daily must be heated71 and snacks1 thereafter2 7#b7 medically appropriate meals or snacks if such individuals are pregnant or have medical needs2 7#c7 access to bathroom facilities as well as basic toiletries and hygiene items1 including soap1 a toothbrush1 toilet paper1 and other items appropriate for the age and gender identification of such individuals1 such as diapers and feminine hygiene products2 7#d7 a cot1 clean linens1 and blankets1 if detained for more than five hours2 7#e7 adequate lighting and climate control that achieves a reasonable indoor temperature2 7#f7 a physical and mental health screening conducted promptly upon arrival in a manner that complies with the requirements for such screenings specified in the currently applicable ,national ,commission for ,correctional ,health ,care ,jails ,standards1 as well as information about the availability of1 and access to1 health care services that is communicated in a form and language such individual is known to understand2 7#g7 immediate physical and mental health needs addressed by a qualified health care professional as soon as possible2 7#h7 prompt notice of the ability to make one telephone call at any time after arrest1 telephone access to make such call1 and the phone numbers to file a complaint with the ,office of the ,inspector ,general of the ,department and the ,office for ,civil ,rights and ,civil ,liberties of the ,department2 7#i7 to the extent practicable1 a reasonable accommodation to respect such individuals' religious practices2 7#aj7 all protections under the ,prison ,rape ,elimination ,act of #bjjc 7#db ,u4,s4,c4 #aefja et seq42 ,public ,law #ajh-gi71 except that certain protections shall not apply at a particular ,,cbp facility if the ,commissioner of ,,cbp determines that implementation at that particular facility of such a protection would be impracticable2 and 7#aa7 safe transport1 including prevention of sexual assault during transfer1 including in subcontracted transportation services1 while such individuals are transported from a ,,cbp facility4 7c7 ,further provisions ,the ,commissioner of ,,cbp shall ensure that all individuals in ,,cbp custody-- 7#a7 have access to consular officials and counsel2 7#b7 receive copies of all signed documents2 and 7#c7 are transferred to an appropriate ,u4,s4 ,immigration and ,customs ,enforcement or ,department of ,health and ,human ,services ,office of ,refugee ,resettlement facility or are released from short-term custody within #dh hours of apprehension4 7d7 ,surveillance of certain individuals in ,,cbp custody ,the ,commissioner of ,,cbp shall ensure constant surveillance of an individual in ,,cbp custody who exhibits signs of hostility1 depression1 or similar behaviors1 or who is reasonably known to pose an elevated suicide risk4 7e7 ,physical and mental health assessment ,the ,commissioner of ,,cbp shall ensure that individuals in ,,cbp custody for more than #bd hours1 receive1 in addition to the physical and mental health screening specified in subsection 7b77#f71 a physical and mental health assessment by a qualified healthcare professional4 ,to the extent practicable1 such individuals with known or readily apparent disabilities1 including temporary disabilities1 shall be housed in a manner that accommodates their mental or physical condition1 or both1 and provides for the safety1 comfort1 and security of such individuals4 7f7 ,return of certain belongings ,any lawful1 nonperishable belongings of an individual in ,,cbp custody that are confiscated by personnel operating under ,federal authority shall be returned to such individual prior to the deportation or removal of such individual4 7g7 ,inspection of short-,term custody facilities ,short-term custody facilities shall be inspected at least once every year by the ,department of ,homeland ,security ,office for ,civil ,rights and ,civil ,liberties1 with the results made public without the need to submit a request under section #eeb of title #e1 ,united ,states ,code4 7h7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to-- 7#a7 establish a publicly accessible online system to track the location of individuals in ,,cbp custody held in short-term custody1 and provide an online list of all locations with phone numbers routinely used to hold individuals in short-term custody2 7#b7 improve the education of individuals in ,,cbp custody regarding administrative procedures and legal rights under ,united ,states immigration law1 in consultation with the ,executive ,office for ,immigration ,review2 and 7#c7 ensure notification of the ,office of ,inspector ,general and ,department of ,homeland ,security ,office for ,civil ,rights and ,civil ,liberties within #dh hours of all instances in which-- 7,a7 an individual in ,,cbp custody has died1 including during transfer to another facility or while being released2 and 7,b7 an individual has died as the result of an encounter with ,,cbp4 7i7 ,annual reports ,not later than #ahj days after the date of the enactment of this ,act and annually thereafter1 the ,secretary shall submit to ,congress a report that details all instances in which an individual in ,,cbp custody has died in the prior fiscal year1 including during transfer to another facility or while being released1 as well as all instances in which an individual has died as the result of an encounter with ,,cbp1 and the result of any subsequent investigation4 ,such reports shall also detail all instances in which an individual1 including an individual in the custody of ,,cbp1 has suffered serious injuries requiring hospitalization as a result of the use of force by ,,cbp4 #e4 ,definitions ,in this ,act3 7#a7 ,apprehended individual ,the term apprehended individual means an individual apprehended by personnel of the ,department of ,homeland ,security or of a cooperating entity4 7#b7 ,border ,the term border means an international border of the ,united ,states4 7#c7 ,child ,except as otherwise specifically provided1 the term child has the meaning given such term in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a774 7#d7 ,cooperating entity ,the term cooperating entity means a ,state or local entity acting pursuant to an agreement with the ,secretary4 7#e7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#f7 ,migration deterrence program ,the term migration deterrence program means an action related to the repatriation or referral for prosecution of one or more apprehended individuals for a suspected or confirmed violation of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 by the ,secretary or a cooperating entity4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#h7 ,unaccompanied alien child ,the term unaccompanied alien child has the meaning given such term in section #dfb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi74