,,ii #aaeth ,,congress #b;d ,session ,s4 #cefg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #aj1 #bjah ,mr4 ,merkley 7for himself and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to prohibit the use of funds for the operation or construction of internment camps1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,no ,internment ,camps ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,federal ,government has intentionally separated and detained families seeking asylum in the ,united ,states purportedly to deter other foreign nationals from coming to the ,united ,states in the future4 ,such method of deterrence is ineffective1 contrary to human rights norms1 and likely violates ,united ,states and international law4 7#b7 ,on ,september #g1 #bjah1 the ,secretary of ,homeland ,security issued a proposed rule entitled ,apprehension1 ,processing1 ,care1 and ,custody of ,alien ,minors and ,unaccompanied ,alien ,children 7#hc ,fed4 ,reg4 #dedhf 7,september #g1 #bjah771 that attempts to circumvent a #aiig court agreement commonly known as the ,flores ,settlement ,agreement to undermine current legal protections for children and families and increase family detention4 7#c7 ,detaining families can have long-term consequences on children1 such as-- 7,a7 difficulty regulating emotions1 achieving developmental milestones1 and forming healthy relationships2 7,b7 increased rates of anxiety1 depression1 and post-traumatic stress disorder2 and 7,c7 heightened risks of suicide and self-harm4 7#d7 ,when family units are placed in family detention facilities-- 7,a7 family members experience feelings of isolation and increased stress2 7,b7 the ability of the parents to care for their children is compromised by the constraints of detention2 and 7,c7 the detention setting creates barriers to-- 7i7 accessing counsel and legal services2 and 7ii7 successfully obtaining relief from removal4 7#e7 ,nondetention-based practices1 such as family case management and community-based programs1 are effective and humane alternatives to family detention4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,family residential center ,the term family residential center means a facility dedicated to detaining alien families4 7#c7 ,fund ,the term ,fund means the ,emergency ,fund for ,asylum ,seekers established by section #e7;a74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 #d4 ,prohibition on use of funds for internment camps 7a7 ,in general ,notwithstanding any other provision of law1 none of the amounts made available after the date of the enactment of this ,act for any fiscal year may be obligated or expended to operate or construct a family residential center1 whether directly operated by ,u4,s4 ,immigration and ,customs ,enforcement or by another governmental or nongovernmental contractor4 7b7 ,previously authorized expenditures 7#a7 ,in general ,beginning #a year after the date of the enactment of this ,act1 none of the amounts made available before such date of enactment for the purpose of operating or constructing a family residential center may be used for such purpose4 7#b7 ,prohibition on transfer ,none of the amounts made available before the date of the enactment of this ,act may be reprogrammed or transferred for the purpose of operating or constructing a family residential center4 7c7 ,alternatives to detention 7#a7 ,transfer of funds ,amounts obligated to operate a family residential center as of the date of the enactment of this ,act shall be transferred to the ,alternatives to ,detention ,account for the implementation of the ,family ,case ,management ,program and the development of additional community-based nondetention programs for alien families4 7#b7 ,nonprofit entity contracting partner ,the ,secretary shall contract with a qualified nonprofit entity for the operation of the ,family ,case ,management ,program and other community-based nondetention programs for alien families4 7#c7 ,legal orientation ,to facilitate participant compliance with legal requirements1 a nondetention program under this subsection shall include a legal orientation for each participant in the program4 7#d7 ,case management training 7,a7 ,in general ,the ,secretary shall provide case management training for all personnel of a nondetention program under this subsection1 including personnel of-- 7i7 the ,department of ,homeland ,security2 and 7ii7 the nonprofit entity contracted under paragraph 7#b74 7,b7 ,best practices ,the training under subparagraph 7,a7 shall be based on social welfare best practices4 7d7 ,rule of construction ,nothing in this ,act may be construed to endorse the separation of alien families who enter the ,united ,states at or between ports of entry4 #e4 ,emergency ,fund for ,asylum ,seekers 7a7 ,establishment of emergency fund ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,emergency ,fund for ,asylum ,seekers4 7b7 ,determination ,the ,secretary may make a determination with respect to the number of alien families that have entered the ,united ,states for the purpose of seeking asylum during a fiscal year4 7c7 ,availability and use 7#a7 #ajj percent increase ,if the number of alien families determined by the ,secretary under subsection 7b7 to have entered the ,united ,states for the purpose of seeking asylum during a fiscal year exceeds #ajj percent of the number of alien families that entered the ,united ,states for such purpose during the preceding fiscal year1 as of the end of the comparable month of the preceding fiscal year1 #hj1jjj1jjj shall be made available from the ,fund for the purpose of increasing the capacity of the ,department of ,homeland ,security to process1 transport1 parole1 and release such alien families1 of which not less than #bj1jjj1jjj shall be made available for grants to #a or more nonprofit entities that operate respite centers to assist such alien families with services and compliance with legal requirements4 7#b7 #bjj percent increase ,if the number of alien families determined by the ,secretary under subsection 7b7 to have entered the ,united ,states for the purpose of seeking asylum exceeds #bjj percent of the number of alien families that entered the ,united ,states for such purpose1 as of the end of the comparable month of the preceding fiscal year1 an additional amount of #bj1jjj1jjj shall be made available from the ,fund for the purpose of interviewing1 processing1 transporting1 paroling1 and releasing alien families1 of which not less than #e1jjj1jjj shall be made available for grants to #a or more nonprofit entities that operate respite centers to assist such alien families with services and compliance with legal requirements4 7d7 ,notification ,not later than #ad days after the date on which an amount under subsection 7c7 is made available1 the ,secretary shall notify the appropriate committees of ,congress of such availability4 7e7 ,limitations ,notwithstanding any other provision of law1 amounts in the ,fund shall not be-- 7#a7 reprogrammed or transferred for the purpose of operating or constructing a family residential center2 or 7#b7 made available for the purpose of detaining or separating alien families4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,fund #ajj1jjj1jjj for each of fiscal years #bjai through #bjbd4