,,ii #aaeth ,,congress #b;d ,session ,s4 #cbfc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #be1 #bjah ,mr4 ,durbin introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to limit the separation of families at or near ports of entry1 to provide access to counsel for unaccompanied alien children1 and to improve immigration detention1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,humane ,treatment of ,migrant ,children ,act4 ,i ,keeping ,families ,together #aja4 ,definitions ,in this title3 7#a7 ,agent2 officer ,the terms agent and officer include contractors of the ,federal ,government4 7#b7 ,child ,the term child means an individual who-- 7,a7 has not reached the age of #ah2 and 7,b7 has no permanent immigration status4 7#c7 ,committees of jurisdiction ,the term committees of jurisdiction means-- 7,a7 the ,committee on the ,judiciary and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7,b7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#d7 ,danger of abuse or neglect at the hands of the parent or legal guardian ,the term danger of abuse or neglect at the hands of the parent or legal guardian shall not mean migrating to or crossing the ,united ,states border4 7#e7 ,designated agency ,the term designated agency means-- 7,a7 the ,department of ,homeland ,security2 7,b7 the ,department of ,justice2 and 7,c7 the ,department of ,health and ,human ,services4 7#f7 ,finding ,the term finding means an individualized written assessment or screening by the trained agent or officer that includes a consultation with a child welfare specialist1 formalized as required under section #ajb7;c7 and consistent with sections #ajc1 #ajd1 and #ajh4 7#g7 ,secretary ,unless otherwise specified1 the term ,secretary means the ,secretary of ,homeland ,security4 #ajb4 ,limitation on the separation of families 7a7 ,in general ,an agent or officer of a designated agency shall be prohibited from removing a child from his or her parent or legal guardian1 at or near the port of entry or within #ajj miles of the border of the ,united ,states1 unless one of the following has occurred3 7#a7 ,a ,state court1 authorized under ,state law1 terminates the rights of a parent or legal guardian1 determines that it is in the best interests of the child to be removed from his or her parent or legal guardian1 in accordance with the ,adoption and ,safe ,families ,act of #aiig 7,public ,law #aje-hi71 or makes any similar determination that is legally authorized under ,state law4 7#b7 ,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 his or her parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian1 or is a danger to herself or others4 7#c7 ,the ,chief ,patrol ,agent or the ,area ,port ,director in their official and undelegated capacity1 authorizes separation upon the recommendation by an agent or officer1 based on a finding that-- 7,a7 the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking2 7,b7 there is a strong likelihood that the adult is not the parent or legal guardian of the child2 or 7,c7 the child is in danger of abuse or neglect at the hands of the parent or legal guardian1 or is a danger to themselves or others4 7b7 ,prohibition on separation ,an 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 laws4 7c7 ,documentation required ,the ,secretary shall ensure that a separation under subsection 7a77#c7 is documented in writing and includes1 at a minimum1 the reason for such separation1 together with the stated evidence for such separation4 #ajc4 ,recommendations for separation by agents or officers 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 shall develop training and guidance1 with an emphasis on the best interests of the child1 childhood trauma1 attachment1 and child development1 for use by the agents and officers1 in order to standardize the implementation of section #ajb7;a77#c74 7b7 ,annual review ,not less frequently than annually1 the ,secretary of ,health and ,human ,services shall review the guidance developed under subsection 7a7 and make recommendations to the ,secretary to ensure such guidance is in accordance with current evidence and best practices in child welfare1 child development1 and childhood trauma4 7c7 ,requirement ,the guidance under subsection 7a7 shall incorporate the presumptions described in section #ajd4 7d7 ,additional requirements 7#a7 ,evidence-based ,the guidance and training developed under this section shall incorporate evidence-based practices4 7#b7 ,training required 7,a7 ,all agents and officers of designated agencies1 upon hire1 and annually thereafter1 shall complete training on adherence to the guidance under this section4 7,b7 ,all ,chief ,patrol ,agents and ,area ,port ,directors1 upon hire1 and annually thereafter1 shall complete-- 7i7 training on adherence to the guidance under this section2 and 7ii7 #ij minutes of child welfare practice training that is evidence-based and trauma-informed4 #ajd4 ,presumptions ,the presumptions described in this section are the following3 7#a7 ,family unity ,there shall be a strong presumption in favor of family unity4 7#b7 ,siblings ,to the maximum extent practicable1 the ,secretary shall ensure that sibling groups remain intact4 7#c7 ,detention ,in general1 there is a presumption that detention is not in the best interests of families and children4 #aje4 ,required policy for locating separated children 7a7 ,in general ,not later than #ahj days after the after the date of the enactment of this ,act1 the ,secretary shall publish final public guidance that describes1 with specificity1 the manner in which a parent or legal guardian may locate a child who was separated from the parent or legal guardian under section #ajb7;a74 ,in developing the public guidance1 the ,secretary shall consult with the ,secretary of ,health and ,human ,services1 immigrant advocacy organizations1 child welfare organizations1 and ,state child welfare agencies4 7b7 ,written notification ,the ,secretary shall provide each parent or legal guardian who was separated1 with written notice of the public guidance to locate a separated child4 7c7 ,language access ,all guidance shall be available in ,english and ,spanish1 and at the request of the parent or legal guardian1 in the language or manner that is understandable by the parent or legal guardian4 #ajf4 ,required information for separated families ,not less frequently than once every month1 the ,secretary shall provide the parent or legal guardian of a child who was separated1 the following information1 at a minimum3 7#a7 ,a status report on the monthly activities of the child4 7#b7 ,information about the education and health of the child1 including any medical treatment provided to the child or medical treatment recommended for the child4 7#c7 ,information about changes to the child's immigration status4 7#d7 ,other information about the child1 designed to promote and maintain family reunification1 as the ,secretary determines in his or her discretion4 #ajg4 ,annual report on family separation ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to the committees of jurisdiction a report that describes each instance in which a child was separated from a parent or legal guardian and includes1 for each such instance1 the following3 7#a7 ,the relationship of the adult and the child4 7#b7 ,the age and gender of the adult and child4 7#c7 ,the length of separation4 7#d7 ,whether the adult was charged with a crime1 and if the adult was charged with a crime1 the type of crime4 7#e7 ,whether the adult made a claim for asylum1 expressed a fear to return1 or applied for other immigration relief4 7#f7 ,whether the adult was prosecuted if charged with a crime and the associated outcome of such charges4 7#g7 ,the stated reason for1 and evidence in support of1 the separation4 7#h7 ,if the child was part of a sibling group at the time of separation1 whether the sibling group has had physical contact and visitation4 7#i7 ,whether the child was rendered an unaccompanied alien child4 7#aj7 ,other information in the ,secretary's discretion4 #ajh4 ,clarification of parental rights ,if a child is separated from a parent or legal guardian1 and a ,state court has not made a determination that the parental rights have been terminated1 there is a presumption that-- 7#a7 the parental rights remain intact2 and 7#b7 the separation does not constitute an affirmative determination of abuse or neglect under ,federal or ,state law4 #aji4 ,clarification of existing law 7a7 ,federal law ,nothing in this title shall be interpreted to supersede or modify ,federal child welfare law1 where applicable1 including the ,adoption and ,safe ,families ,act of #aiig 7,public ,law #aje-hi74 7b7 ,state law ,nothing in this title shall be interpreted to supersede or modify ,state child welfare laws where applicable4 #aaj4 ,,gao report on prosecution of asylum seekers 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study of the prosecution of asylum seekers during the period beginning on ,january #a1 #bjjh1 and ending on ,december #ca1 #bjah1 including-- 7#a7 the total number of persons who claimed a fear of persecution1 received a favorable credible fear determination1 and were referred for prosecution2 7#b7 an overview and analysis of the metrics used by the ,department of ,homeland ,security and the ,department of ,justice to track the number of asylum seekers referred for prosecution2 7#c7 the total number of asylum seekers referred for prosecution1 a breakdown and description of the criminal charges filed against asylum seekers during such period1 and a breakdown and description of the convictions secured2 7#d7 the total number of asylum seekers who were separated from their children as a result of being referred for prosecution2 7#e7 a breakdown of the resources spent on prosecuting asylum seekers during such period1 as well as any diversion of resources required to prosecute asylum seekers1 and any costs imposed on ,states and localities2 7#f7 the total number of asylum seekers who were referred for prosecution and also went through immigration proceedings2 and 7#g7 the total number of asylum seekers referred for prosecution who were deported before going through immigration proceedings4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report that describes the results of the study conducted pursuant to subsection 7a74 ,,ii ,fair ,day in ,court ,for ,kids #bja4 ,improving immigration court efficiency and reducing costs by increasing access to legal information 7a7 ,appointment of counsel in removal proceedings2 right ,to review certain documents in removal proceedings ,section #bdj7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking 1 at no expense to the ,government12 and 7ii7 by striking the comma at the end and inserting a semicolon2 7,b7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,d7 and 7,e71 respectively2 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 the ,attorney ,general may appoint or provide counsel1 at ,government expense1 to aliens in immigration proceedings2 7,c7 the alien1 or the alien's counsel1 not later than #g days after receiving a notice to appear under section #bci7;a71 shall receive a complete copy of the alien's immigration file 7commonly known as an ,a-file7 in the possession of the ,department of ,homeland ,security 7other than documents protected from disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code72 2 and 7,d7 in subparagraph 7,d71 as redesignated1 by striking 1 and and inserting 2 and2 and 7#b7 by adding at the end the following3 7#h7 ,failure to provide alien required documents ,a removal proceeding may not proceed until the alien1 or the alien's counsel1 if the alien is represented-- 7,a7 has received the documents required under paragraph 7#d77;,c72 and 7,b7 has been provided at least #aj days to review and assess such documents4 4 7b7 ,clarification regarding the authority of the ,attorney ,general ,to appoint counsel to aliens in immigration proceedings 7#a7 ,in general ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended to read as follows3 #bib4 ,right to counsel 7a7 ,in general ,except as provided in subsections 7b7 and 7c71 in any removal proceeding and in any appeal proceeding before the ,attorney ,general from any such removal proceeding1 the subject of the proceeding shall have the privilege of being represented by such counsel as may be authorized to practice in such proceeding as he or she may choose4 ,this subsection shall not apply to screening proceedings described in section #bce7;b77#a77;,a74 7b7 ,access to counsel for unaccompanied alien children 7#a7 ,in general ,in any removal proceeding and in any appeal proceeding before the ,attorney ,general from any such removal proceeding1 an unaccompanied alien child 7as defined in section #dfb7;g7 of the ,homeland ,security ,act on #bjjb 7#f ,u4,s4,c4 #bgi7;g777 shall be represented by ,government-appointed counsel1 at ,government expense4 7#b7 ,length of representation ,once a child is designated as an unaccompanied alien child under paragraph 7#a71 the child shall be represented by counsel at every stage of the proceedings from the child's initial appearance through the termination of immigration proceedings1 and any ancillary matters appropriate to such proceedings even if the child attains #ah years of age or is reunified with a parent or legal guardian while the proceedings are pending4 7#c7 ,notice ,not later than #gb hours after an unaccompanied alien child is taken into ,federal custody1 the alien shall be notified that he or she will be provided with legal counsel in accordance with this subsection4 7#d7 ,within detention facilities ,the ,secretary of ,homeland ,security shall ensure that unaccompanied alien children have access to counsel inside all detention1 holding1 and border facilities4 7c7 ,pro bono representation 7#a7 ,in general ,to the maximum extent practicable1 the ,attorney ,general should make every effort to utilize the services of competent counsel who agree to provide representation to such children under subsection 7b7 without charge4 7#b7 ,development of necessary infrastructures and systems ,the ,attorney ,general shall develop the necessary mechanisms to identify counsel available to provide pro bono legal assistance and representation to children under subsection 7b7 and to recruit such counsel4 7d7 ,contracts2 grants ,the ,attorney ,general may enter into contracts with1 or award grants to1 nonprofit agencies with relevant expertise in the delivery of immigration-related legal services to children to carry out the responsibilities under this section1 including providing legal orientation1 screening cases for referral1 recruiting1 training1 and overseeing pro bono attorneys4 ,nonprofit agencies may enter into subcontracts with1 or award grants to1 private voluntary agencies with relevant expertise in the delivery of immigration related legal services to children in order to carry out this section4 7e7 ,model guidelines on legal representation of children 7#a7 ,development of guidelines ,the ,executive ,office for ,immigration ,review1 in consultation with voluntary agencies and national experts1 shall develop model guidelines for the legal representation of alien children in immigration proceedings1 which shall be based on the children's asylum guidelines1 the ,american ,bar ,association ,model ,rules of ,professional ,conduct1 and other relevant domestic or international sources4 7#b7 ,purpose of guidelines ,the guidelines developed under paragraph 7#a7 shall be designed to help protect each child from any individual suspected of involvement in any criminal1 harmful1 or exploitative activity associated with the smuggling or trafficking of children1 while ensuring the fairness of the removal proceeding in which the child is involved4 7f7 ,duties of counsel ,counsel provided under this section shall-- 7#a7 represent the unaccompanied alien child in all proceedings and matters relating to the immigration status of the child or other actions involving the ,department of ,homeland ,security2 7#b7 appear in person for all individual merits hearings before the ,executive ,office for ,immigration ,review and interviews involving the ,department of ,homeland ,security2 7#c7 owe the same duties of undivided loyalty1 confidentiality1 and competent representation to the child as is due to an adult client2 and 7#d7 carry out other such duties1 as determined by the ,attorney ,general or the ,executive ,office for ,immigration ,review4 7g7 ,savings provision ,nothing in this section may be construed to supersede-- 7#a7 any duties1 responsibilities1 or disciplinary or ethical responsibilities an attorney may have to his or her client under ,state law2 7#b7 the admission requirements under ,state law2 or 7#c7 any other ,state law pertaining to the admission to the practice of law in a particular jurisdiction4 4 7#b7 ,rulemaking ,the ,attorney ,general shall promulgate regulations to implement section #bib of the ,immigration and ,nationality ,act1 as added by paragraph 7#a71 in accordance with the requirements set forth in section #cjjf;,a of title #ah1 ,united ,states ,code4 #bjb4 ,access by counsel and legal orientation at detention facilities ,the ,secretary of ,homeland ,security shall provide access to counsel for all aliens detained in a facility under the supervision of ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 or the ,department of ,health and ,human ,services1 or in any private facility that contracts with the ,federal ,government to house1 detain1 or hold aliens4 #bjc4 ,report on access to counsel 7a7 ,report ,not later than ,december #ca of each year1 the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 shall prepare and submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report regarding the extent to which aliens described in section #bib7;b7 of the ,immigration and ,nationality ,act1 as added by section #bja7;b77#a71 have been provided access to counsel4 7b7 ,contents ,each report submitted under paragraph 7a7 shall include1 for the immediately preceding #a-year period-- 7#a7 the number and percentage of aliens described in section #bib7;b7 of the ,immigration and ,nationality ,act1 as added by section #bja7;b77#a71 who were represented by counsel1 including information specifying-- 7,a7 the stage of the legal process at which each such alien was represented2 7,b7 whether the alien was in government custody2 and 7,c7 the nationality and ages of such aliens2 and 7#b7 the number and percentage of aliens who received legal orientation presentations1 including the nationality and ages of such aliens4 #bjd4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to the ,executive ,office of ,immigration ,review of the ,department of ,justice such sums as may be necessary to carry out this title4 7b7 ,budgetary effects ,the budgetary effects of this title1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go-,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this title1 submitted for printing in the ,congressional ,record by the ,chairman of the ,senate ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,,iii ,improving ,immigration ,detention #cja4 ,immigration detention priorities 7a7 ,prioritization ,the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall use the limited resources of ,u4,s4 ,immigration and ,customs ,enforcement to detain aliens who pose a threat to national security or public safety4 7b7 ,presumption ,absent extraordinary circumstances1 aliens shall not be detained if-- 7#a7 they are known to be suffering from serious physical or mental illness2 7#b7 they have a disability2 7#c7 they are elderly1 pregnant1 or nursing2 7#d7 they are minors2 7#e7 they demonstrate that they are primary caretakers of a minor or an infirm person2 or 7#f7 their detention is otherwise not in the public interest4 #cjb4 ,u4,s4 ,immigration and ,customs ,enforcement detention facility standards ,beginning not later than #a year after the date of the enactment of this ,act1 all ,u4,s4 ,immigration and ,customs ,enforcement detention system facilities1 including contract facilities and local and county jails operating under intergovernmental service agreements1 shall meet the ,performance-,based ,national ,detention ,standards developed by ,u4,s4 ,immigration and ,customs ,enforcement in #bjaa1 including the revisions issued in ,december #bjaf4 #cjc4 ,increased funding for alternatives to detention 7a7 ,in general ,the ,secretary of ,homeland ,security shall provide sufficient funding to the ,alternatives to ,detention ,division to cover alternatives to detention program costs for all aliens awaiting immigration proceedings who are not subject to detention4 7b7 ,contracts authorized ,the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall contract with nonprofit service providers with the ability to provide the services required in operating an alternatives to detention program whenever feasible4 7c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #cjd4 ,increasing the number of immigration judges and strengthening merit-based hiring and due process 7a7 ,immigration judges ,the ,attorney ,general shall increase the total number of immigration judges by #bbe1 compared to the number of immigration judges authorized on the date of the enactment of this ,act4 7b7 ,support staff2 other resources ,the ,attorney ,general shall ensure that the ,executive ,office for ,immigration ,review has sufficient support staff1 adequate technological and security resources1 and appropriate facilities to conduct the immigration proceedings required under ,federal law4 7c7 ,limitation ,amounts appropriated for the ,executive ,office for ,immigration ,review or for any other ,department of ,justice agency or function may not be used to implement numeric judicial performance standards or other standards that could negatively impact the fair administration of justice by the immigration courts4 7d7 ,qualification2 selection ,the ,attorney ,general shall-- 7#a7 ensure that all newly hired immigration judges and ,board of ,immigration ,appeals members are highly qualified and trained to conduct fair1 impartial adjudications in accordance with applicable due process requirements2 and 7#b7 in selecting immigration judges1 may not give any preference to candidates with prior government experience compared to equivalent subject-matter expertise resulting from nonprofit1 private bar1 or academic experience4 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #cje4 ,u4,s4 ,citizenship and ,immigration ,services ,refugee ,corps officers ,the ,secretary of ,homeland ,security shall increase the total number of ,department of ,homeland ,security personnel who are responsible for processing refugee applications by not fewer than the maximum number of such personnel reassigned to the ,asylum ,division during fiscal year #bjah4