,i #aafth ,,congress #ast ,session ,h4 ,r4 #ecb ,,in ,,the ,,house ,,of ,,representatives ,january #ad1 #bjai,mr4 ,brown of ,maryland 7for himself1 ,mr4 ,aguilar1 ,mr4 ,carbajal1 ,mr4 ,cohen1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,gomez1 ,ms4 ,jackson ,lee1 ,mr4 ,johnson of ,georgia1 ,ms4 ,norton1 ,ms4 ,pingree1 ,ms4 ,schakowsky1 ,mr4 ,takano1 ,mrs4 ,watson ,coleman1 and ,ms4 ,omar7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to require the ,secretary of ,homeland ,security to use alternatives to detention for certain vulnerable immigrant populations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,alternatives to ,detention ,act of #bjai4 #b4 ,alternatives to detaining undocumented individuals 7a7 ,in general ,the ,secretary of ,homeland ,security shall establish programs that provide alternatives to detaining individuals under the immigration laws 7as defined in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag7771 whether such detention is pending a decision on whether the individual is to be removed from the ,united ,states or after the issuance of a removal order4 ,the programs shall provide for a continuum of supervision mechanisms and options1 including community-based supervision and community support4 ,the ,secretary may contract with nongovernmental community-based organizations to provide services under such programs1 which may include case management services1 appearance assistance services1 and screenings of individuals who have been detained4 7b7 ,determination of vulnerable population or caregiver status required 7#a7 ,in general ,not later than #dh hours after taking an individual described in subsection 7a7 into custody1 the ,secretary or the immigration judge shall make a determination whether an individual may participate in an alternatives to detention program and determine the appropriate level of supervision4 7#b7 ,special rule ,if the individual is member of a vulnerable population described in subsection 7c71 is a parent of a child under #ah years of age1 or is dependent caregiver or a family caregiver1 the individual may not be detained and must be placed in an alternatives to detention program that is a community-based supervision program4 7#c7 ,exceptions ,alternative to detention programs shall not be used-- 7,a7 for individuals detained under section #bcf;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf;a72 or 7,b7 when release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety4 7c7 ,vulnerable population ,in determining whether to place a detainee in an alternatives to detention program1 the ,secretary shall consider whether the detainee-- 7#a7 is an asylum seeker or victim of torture or trafficking2 7#b7 has special religious1 cultural1 or spiritual considerations2 7#c7 is pregnant or nursing2 7#d7 is under #ba years of age or older than #fj years of age2 7#e7 identifies as gay1 lesbian1 bisexual1 transgender1 or intersex2 7#f7 is a victim or witness of a crime2 7#g7 has a mental disorder or physical disability2 or 7#h7 has been determined by an immigration judge or the ,secretary of ,homeland ,security to be experiencing severe trauma or to be a survivor of torture or gender-based violence1 based on information obtained during intake1 from the individual's attorney or legal services provider1 or through credible self-reporting4 7d7 ,coordinator of ,alternatives to ,detention and ,family ,reunification 7#a7 ,in general ,the ,secretary of ,homeland ,security shall establish in the ,department of ,homeland ,security the position of ,coordinator of ,alternatives to ,detention and ,family ,reunification 7,coordinator74 ,the ,coordinator shall be selected by the ,president and shall be appointed by1 and report directly to1 the ,secretary4 ,subject to the availability of appropriations1 the ,secretary shall make available to the ,coordinator such personnel1 funds1 and other resources as may be appropriate to enable the ,coordinator to carry out the ,coordinator's mission4 7#b7 ,mission and duties of ,coordinator 7,a7 ,mission ,the ,coordinator's mission shall be to work with the executive departments 7as defined in section #aja of title #e1 ,united ,states ,code7 to coordinate-- 7i7 the use of alternatives to detention programs2 and 7ii7 the reunification of parents with children separated from them by the ,secretary at or near a port of entry into the ,united ,states1 or within #ajj miles of an international border of the ,united ,states4 7,b7 ,duties of ,coordinator 7i7 ,in general ,the ,coordinator shall serve as the primary point of contact within the executive branch with the ,congress1 ,state and local governments1 the private sector1 and community leaders regarding the policies and programs described in clauses 7i7 and 7ii7 of subparagraph 7,a74 ,working with the input of the executive departments1 the ,coordinator shall be responsible for managing information flow1 requests for actions1 and discussions regarding such policies and programs with the ,congress1 ,state and local governments1 the private sector1 and community leaders4 7ii7 ,report ,not later than #cj days after the date of the appointment of the ,coordinator1 the ,coordinator shall issue a report to the ,congress on the status of-- 7,i7 detentions under the immigration laws 7as defined in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag777 pending a decision on whether an individual is to be removed or after the issuance of a removal order2 and 7,,ii7 reunification of parents and children separated by the ,secretary at or near a port of entry into the ,united ,states1 or within #ajj miles of an international border of the ,united ,states4 7,c7 ,duties of executive departments ,the heads of the executive departments-- 7i7 shall respond promptly to any request by the ,coordinator2 7ii7 shall1 consistent with applicable law1 provide such information as the ,coordinator deems necessary to carry out the ,coordinator's mission2 and 7iii7 otherwise shall cooperate with the ,coordinator to the greatest extent practicable to facilitate the performance of the ,coordinator's mission4 7#c7 ,construction ,nothing in this subsection shall be construed to impair or otherwise affect-- 7,a7 the authority granted by law to an executive department or the head thereof2 7,b7 the functions of the ,director of the ,office of ,management and ,budget relating to budget1 administrative1 or legislative proposals2 or 7,c7 the chain of command over the ,armed ,forces provided in section #afb7;b7 of title #aj1 ,united ,states ,code4 7#d7 ,sunset ,this subsection shall cease to be effective on the date that is #c years after the date of the enactment of this ,act4 7e7 ,parents and other caregivers ,for purposes of this section3 7#a7 ,the term dependent caregiver means an individual who lives with1 and provides more than one-half of the financial support required by1 a family member who is-- 7,a7 under #ah years of age2 or 7,b7 unable to engage in substantial employment due to a physical or mental health condition or disability4 7#b7 ,the term family caregiver means an individual who lives with1 and provides more than one-half of the personal care required by1 a family member who is-- 7,a7 under #ah years of age2 or 7,b7 unable to engage in substantial employment due to a physical or mental health condition or disability4 7#c7 ,the term family member1 with respect to an individual receiving personal care services or financial support1 means an individual who is-- 7,a7 a parent2 7,b7 a spouse2 7,c7 a child2 7,d7 a step-family member2 or 7,e7 an extended family member4 7#d7 ,the term parent means-- 7,a7 a biological or adoptive parent of a child1 whose parental rights have not been relinquished or terminated under ,state law or the law of a foreign country2 or 7,b7 a legal guardian under ,state law or the law of a foreign country4