,i #aafth ,,congress #ast ,session ,h4 ,r4 #ajab ,,in ,,the ,,house ,,of ,,representatives ,february #f1 #bjai,mr4 ,espaillat 7for himself1 ,ms4 ,bonamici1 ,mr4 ,serrano1 ,ms4 ,jayapal1 ,mr4 ,garca of ,illinois1 and ,mr4 ,beyer7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to reunite families separated at or near ports of entry1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reunite ,every ,unaccompanied ,newborn ,infant1 ,toddler and other children ,expeditiously ,act or the ,,reunite ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,apprehended parent or legal guardian ,the term apprehended parent or legal guardian means an alien who-- 7,a7 is #ah years of age or older2 7,b7 is the parent or legal guardian of an alien child2 and 7,c7 was apprehended by ,,dhs1 the ,department of ,justice1 or any other entity authorized to enforce section #bge of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe74 7#b7 ,border ,the term border means an international border of the ,united ,states4 7#c7 ,child ,the term child means an alien who-- 7,a7 has not reached #ah years of age2 and 7,b7 has no permanent immigration status in the ,united ,states4 7#d7 ,,dhs ,the term ,,dhs means the ,department of ,homeland ,security4 7#e7 ,,hhs ,the term ,,hhs means the ,department of ,health and ,human ,services4 #c4 ,reunification of separated families 7a7 ,rulemaking 7#a7 ,rule ,not later than #aj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security and the ,secretary of ,health and ,human ,services1 after immediate consultation with humanitarian organizations1 child welfare organizations1 ,state child welfare agencies1 and ,states contiguous with the border with ,mexico1 shall promulgate and publish a rule through a direct final rule that specifically describes the coordinated efforts that ,,dhs and ,,hhs will undertake to aid an apprehended parent or legal guardian in locating and reuniting with any children separated from them at or near the port of entry1 or within #ajj miles of the border1 pursuant to applicable law4 7#b7 ,development2 services2 publication ,the rule promulgated pursuant to paragraph 7#a7 shall-- 7,a7 be developed to protect the best interests of affected children2 7,b7 describe all pro bono or government-funded services1 including immigration services1 available for apprehended parents and legal guardians or affected children2 and 7,c7 be made publicly available in writing and on the websites of ,,dhs and ,,hhs4 7b7 ,coverage of joint rule ,the rule published pursuant to subsection 7a7 shall outline the coordinated efforts of ,,dhs and ,,hhs1 including efforts-- 7#a7 to develop and conduct family tracing procedures1 in cooperation with nongovernmental experts in child welfare best practices2 7#b7 to maintain a functional1 accessible1 frequent1 and no-cost means for apprehended parents and legal guardians to contact their child through a telephone hotline or visual conferencing-- 7,a7 to obtain daily-updated information about the location of their child and all scheduled immigration proceedings for their child2 and 7,b7 to set up opportunities to speak with their child not fewer than #c times per week1 including at least once by video2 7#c7 to facilitate substantial daily access of nongovernmental case workers1 child advocates1 and legal counsel to children separated from their apprehended parents and legal guardians to represent these children's best interests in custody decisions and immigration proceedings2 7#d7 to provide for humanitarian organizations and ,state and local child welfare agencies in the jurisdictions in which the children are located to conduct unannounced1 independent weekly inspections of all ,,dhs and ,,hhs facilities at which children who are separated from their apprehended parents or legal guardians are in custody2 7#e7 to coordinate with the ,department of ,state and embassies and consulates of foreign governments to locate apprehended parents and legal guardians of children who have departed from the ,united ,states2 7#f7 to provide clear notice to apprehended parents and legal guardians of their legal rights1 including-- 7,a7 their parental and guardianship rights with respect to their child who has been designated as an unaccompanied alien child2 and 7,b7 their right to designate another parent1 legal guardian1 or other qualified adult custodian to sponsor and care for such child2 7#g7 to facilitate information sharing by apprehended parents and legal guardians about any arrangements to depart the ,united ,states with their consulate1 their child1 their child's case worker1 legal counsel1 child advocate1 and other adult custodians in advance of their departure2 7#h7 to provide apprehended parents and legal guardians with order of deportation or removal access to nongovernmental organizations providing assistance with locating and reunifying with their child2 7#i7 to provide cost-free transportation of children separated from their apprehended parents or legal guardians to reunite with them or another parent1 legal guardian1 or other qualified adult custodian to which the children consent2 7#aj7 to establish a recordkeeping system that will maintain information to aid the reunification of every child separated from an apprehended parent or legal guardian2 7#aa7 to provide free telephone calls between apprehended parents or legal guardians and their child2 7#ab7 to provide legal counsel to children separated from their apprehended parents or legal guardians and to ensure that every such child is represented by a licensed attorney2 and 7#ac7 to otherwise assist with the reunification of separated families4 7c7 ,written notification ,shortly after the rule is published pursuant to subsection 7a71 the ,secretary of ,homeland ,security1 the ,secretary of ,health and ,human ,services1 and the ,attorney ,general shall provide each apprehended parent or legal guardian who has been separated from his or her child written notice1 in ,english1 ,spanish1 or another language understandable by the parent or legal guardian1 upon request1 of any rules or guidance that may assist them in their efforts to locate and reunify with their child4 7d7 ,reunification required ,,dhs and ,,hhs shall ensure immediate reunification of children that remain separated from their apprehended parent or legal guardian4 7e7 ,other requirements ,,dhs and ,,hhs shall-- 7#a7 issue a privacy impact assessment related to the use of ,,dna testing under section #d2 and 7#b7 establish a process for redressing violations of the requirements under this section4 7f7 ,exemptions ,,dhs and ,,hhs may not reunite an apprehended parent or legal guardian with their child under this section if-- 7#a7 the child has been determined to be a victim of trafficking1 or is at significant risk of becoming a victim of trafficking1 by that apprehended parent or legal guardian1 as determined by a ,chief ,border ,patrol ,agent or ,customs and ,border ,protection ,area ,port ,director in their official and undelegated capacity2 7#b7 the child appears to be in danger of abuse or neglect at the hands of the apprehended parent or legal guardian2 7#c7 the child is a danger to himself1 herself1 or others1 as determined by a ,state court or an official from a ,state or county child welfare agency in his or her official and undelegated capacity2 or 7#d7 there is a strong likelihood that the adult is not the apprehended parent or legal guardian of the child4 #d4 ,,dna testing 7a7 ,use of other techniques ,before utilizing ,,dna testing to determine family relationships1 ,,dhs and ,,hhs shall use other techniques commonly utilized by ,united ,states courts for determining family relationships1 including official documents1 representations from a witness1 parent1 relative1 or child1 and observations of interactions between the adult and the child4 7b7 ,,dna testing 7#a7 ,in general ,,dna testing may not be required as a condition of reunification if alternative means of demonstrating a familial relationship have been established4 ,if reasonable suspicions remain about a familial relationship after exhausting the techniques referred to in subsection 7a71 ,,dna testing may be used4 7#b7 ,protocols ,,dhs and ,,hhs shall develop protocols for establishing a familial relationship if an individual does not want to consent to ,,dna testing or may not have a biological relationship with a child4 7#c7 ,type of test ,whenever ,,dna testing is used1 ,,dhs and ,,hhs shall use the least privacy-invasive type of ,,dna test available to confirm the claimed relationship and may not charge the child or apprehended parent or legal guardian for the costs of conducting such testing4 7#d7 ,consent ,,dhs and ,,hhs shall-- 7,a7 obtain the consent of any individual older than #ah years of age before conducting a ,,dna test2 7,b7 make every effort to obtain the consent of a legal guardian before conducting a ,,dna test on anyone younger than #ah years of age2 and 7,c7 destroy ,,dna samples as soon as possible and not later than #g days after completing the required ,,dna matching tests to minimize any potential misuse of genetic information collected under this subsection4 7c7 ,protection of information 7#a7 ,in general ,if ,,dna testing is used for the purposes of reunification1 ,,dhs and ,,hhs shall ensure the protection of privacy1 genetic data1 and personal information of children1 parents1 all individuals being tested1 and their relatives4 7#b7 ,other uses prohibited ,,dhs1 ,,hhs1 and private entities may only access1 use1 or store any personal ,,dna information collected under this subsection for family reunification purposes and are prohibited from sharing any such information with ,federal agencies other than those carrying out the reunification process4 ,information collected under this section may not be used by the ,federal ,government for any other purpose1 including criminal or immigration enforcement4 7d7 ,,dna match 7#a7 ,reunification ,as soon as a ,,dna match is identified1 ,,dhs and ,,hhs shall reunite family members as expeditiously as possible4 7#b7 ,no match2 no consent ,a refusal to consent to a ,,dna test or the failure to identify a match between a child and an apprehended parent may not be used as a basis for concluding that there is no familial relationship between such child and such parent if-- 7,a7 the familial relationship is not biological2 or 7,b7 the familial relationship may be established through alternative means4 #e4 ,enhanced protections for separate families 7a7 ,in general ,the ,secretary of ,homeland ,security shall establish secure alternative programs that incorporate case management services in each field office of ,,dhs to ensure appearances at immigration proceedings and public safety4 7b7 ,alternatives to detention 7#a7 ,contract authority ,the ,secretary of ,homeland ,security shall contract with nongovernmental1 community-based organizations to conduct screening of detainees1 provide appearance assistance services1 and operate community-based supervision programs4 ,secure alternatives shall offer a continuum of supervision mechanisms and options1 including community support1 depending on an assessment of each individual's circumstances4 ,the ,secretary may contract with nongovernmental organizations to implement secure alternatives that maintain custody over the alien4 7#b7 ,eligibility determination 7,a7 ,release ,the ,secretary of ,homeland ,security shall release each apprehended parent or legal guardian on recognizance1 parole1 or bond1 or permit such parent or legal guardian to participate in an alternative to detention program1 such as the ,family ,case ,management ,program authorized under subsection 7c71 unless the ,secretary demonstrates that such participation would create a substantial risk that the apprehended parent or legal guardian is likely to cause harm to himself1 herself1 or others4 7,b7 ,burden of proof ,in order to demonstrate that continued detention is necessary1 the ,secretary shall produce clear and convincing evidence of risk factors1 including credible and individualized information4 7,c7 ,appeal ,not later than #gb hours after the ,secretary determines that an apprehended parent or legal guardian is ineligible for an alternative to detention program under this subsection1 the parent or legal guardian shall be provided with an opportunity to appeal such determination in a hearing before an immigration judge4 7c7 ,restoration of the ,family ,case ,management ,program 7#a7 ,in general ,not later than #g days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall restore the ,family ,case ,management ,program1 which shall provide community supervision and community support services1 including case management services1 appearance services1 and screening of aliens who have been detained1 to be run through a contract with a not-for-profit entity4 7#b7 ,contract ,any contract for programming or services described in paragraph 7#a7 shall be awarded to a not-for-profit organization with demonstrated expertise in meeting the areas specified in paragraph 7#a74 7d7 ,unaccompanied alien child designation ,the ,secretary of ,homeland ,security shall treat a child who has been separated from an apprehended parent or legal guardian and has been designated as an unaccompanied alien child for the duration of his or her immigration proceedings4 7e7 ,automatic stay of removal of apprehended parents and legal guardians during child's immigration proceedings ,until the earlier of the date on which the child's immigration proceedings are concluded or the date on which the child reaches #ah years of age1 the ,secretary of ,homeland ,security may not remove an apprehended parent or legal guardian of such child from the ,united ,states unless the apprehended parent or legal guardian1 after being afforded the opportunity for legal consultation1 agrees to removal4 #f4 ,confidentiality 7a7 ,in general ,except as provided in subsection 7b71 the ,secretary of ,homeland ,security may not use information obtained or recorded pursuant to this ,act to assist in immigration enforcement actions taken against any sponsor1 potential sponsor1 custodian1 potential custodian1 or household member of a child or apprehended parent or legal guardian4 7b7 ,exception ,subsection 7a7 does not apply to the use of information described in that subsection about a particular sponsor1 potential sponsor1 custodian1 potential custodian1 or household member for purposes of a law enforcement investigation related to-- 7#a7 forced labor or human trafficking under section #aehi1 #aeij1 or #aeia of title #ah1 ,united ,states ,code2 or 7#b7 child exploitation under section #bbea1 #bbea;,a1 #bbeb1 or #bbeb;,a of title #ah1 ,united ,states ,code4 #g4 ,establishment of ,office for ,locating and ,reuniting ,children with apprehended parents or legal guardians 7a7 ,in general ,the ,secretary of ,homeland ,security1 the ,attorney ,general1 and the ,secretary of ,health and ,human ,services 7referred to collectively in this section as the ,secretaries7 shall jointly establish an interagency office1 which shall be known as the ,office for ,locating and ,reuniting ,children with ,parents 7referred to in this section as the ,office7 and shall be responsible for expediting and facilitating the reunification of children and apprehended parents or legal guardians after entering the ,united ,states4 7b7 ,duties ,the ,office shall-- 7#a7 expeditiously implement guidance designated for its jurisdiction2 7#b7 establish #bd-;hour priority data and information communication networks between ,,hhs1 ,,dhs1 and the ,department of ,justice2 and 7#c7 identify and immediately inform ,congress if the ,office determines that insufficient appropriations1 or any other statutory or regulatory condition hinders the safe and timely reunion of separated children with their apprehended parents or legal guardians4 7c7 ,report ,the ,office shall submit a weekly report to ,congress that includes-- 7#a7 the number and location of children in the physical custody of ,,dhs or ,,hhs who have been separated from an apprehended parent or legal guardian2 7#b7 the number of such children who have been physically reunified with their apprehended parent or legal guardian2 7#c7 the physical location of apprehended parents and legal guardians who have yet to be reunited with their child1 including the apprehended parents and legal guardians who have been deported without their child2 7#d7 the number of such children who have not yet been physically reunited with their apprehended parent or legal guardian2 and 7#e7 an outline of the progress made in implementing the rule published pursuant to section #c7;a74 #h4 ,savings provisions 7a7 ,federal law ,nothing in this ,act may be construed to supersede or modify-- 7#a7 the ,william ,wilberforce ,trafficking ,victims ,protection ,act of #bjjh 7#h ,u4,s4,c4 #abcb et seq472 7#b7 the ,stipulated ,settlement ,agreement filed in the ,united ,states ,district ,court for the ,central ,district of ,california on ,january #ag1 #aiig 7,,cv #he-dedd-,,rjk7 7commonly known as the ,flores ,settlement ,agreement72 7#c7 the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif72 or 7#d7 any applicable ,federal child welfare law1 including the ,adoption and ,safe ,families ,act of #aiig 7,public ,law #aje-hi74 7b7 ,state law ,nothing in this ,act may be construed to supersede or modify any applicable ,state child welfare laws4 #i4 ,reallocation of ,,dhs appropriations 7a7 ,in general ,of the amount allocated to ,immigration and ,customs ,enforcement for fiscal year #bjai for enforcement1 detention1 and removal operations1 #ej1jjj1jjj shall be reallocated to carry out sections #c and #e7;a74 7b7 ,reunification ,not less than #ae1jjj1jjj of the amount reallocated under subsection 7a7 shall be made available to carry out section #c4 #aj4 ,counsel for children and vulnerable aliens 7a7 ,clarification regarding the authority of the ,attorney ,general ,to appoint counsel to aliens in immigration proceedings ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended-- 7#a7 by striking ,in any removal proceedings before an immigration judge and in any appeal proceedings before the ,attorney ,general from any such removal proceedings1 and inserting the following3 7a7 ,in general ,in a proceeding conducted under any section of this ,act1 2 7#b7 in subsection 7a71 as amended by paragraph 7#a7-- 7,a7 by striking 7at no expense to the ,government72 and 7,b7 by striking he shall and inserting the person shall2 and 7#c7 by adding at the end the following3 7b7 ,access to counsel ,the ,attorney ,general may appoint or provide counsel to aliens in any proceeding conducted under any section of this ,act4 ,the ,secretary of ,homeland ,security shall ensure that-- 7#a7 aliens have access to counsel inside all immigration detention and border facilities2 7#b7 children do not appear before an immigration judge without counsel2 and 7#c7 children have their cases heard individually4 4 7b7 ,appointment of counsel for children and vulnerable aliens 7#a7 ,in general ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb71 as amended by subsection 7a71 is further amended by adding at the end the following3 7c7 ,children and vulnerable aliens ,notwithstanding subsection 7b71 the ,attorney ,general shall appoint counsel1 at the expense of the ,government if necessary1 at the beginning of the proceedings or as expeditiously as possible1 to represent in such proceedings any alien who has been determined by the ,secretary of ,homeland ,security or the ,attorney ,general to be-- 7#a7 a child 7as defined in section #aja7;b77#a772 7#b7 a particularly vulnerable individual1 such as-- 7,a7 a person with a disability2 or 7,b7 a victim of abuse1 torture1 or violence2 or 7#c7 an individual whose circumstances are such that the appointment of counsel is necessary to help ensure fair resolution and efficient adjudication of the proceedings4 7d7 ,extension to consolidated cases ,if the ,attorney ,general has consolidated the case of any alien for whom counsel was appointed under subsection 7c7 with that of any other alien1 and that other alien does not have counsel1 then the counsel appointed under subsection 7c7 shall be appointed to represent such other alien4 7e7 ,authorization of appropriations ,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 section4 4 7#b7 ,rulemaking ,the ,attorney ,general shall promulgate regulations to implement section #bib7;c7 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 #aa4 ,establishment of limit on bond ,section #bcf7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;a77 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking bond of at least #a1ejj and inserting subject to paragraph 7#d71 bond in an amount that is not more than #a1ejj2 and 7#b7 by adding at the end the following3 7#d7 ,the limit on the amount of bond in paragraph 7#b77;,a7 shall not apply with respect to an alien who has committed an aggravated felony4 4