,i #aafth ,,congress #ast ,session ,h4 ,r4 #eda ,,in ,,the ,,house ,,of ,,representatives ,january #ad1 #bjai,mr4 ,nadler 7for himself1 ,ms4 ,lofgren1 ,ms4 ,jayapal1 ,mr4 ,ted ,lieu of ,california1 ,mr4 ,panetta1 ,mr4 ,aguilar1 ,ms4 ,barragn1 ,ms4 ,bass1 ,mrs4 ,beatty1 ,mr4 ,bera1 ,mr4 ,beyer1 ,mr4 ,bishop of ,georgia1 ,mr4 ,blumenauer1 ,ms4 ,blunt ,rochester1 ,ms4 ,bonamici1 ,mr4 ,brendan ,f4 ,boyle of ,pennsylvania1 ,mr4 ,brown of ,maryland1 ,ms4 ,brownley of ,california1 ,mrs4 ,bustos1 ,mr4 ,carbajal1 ,mr4 ,crdenas1 ,mr4 ,carson of ,indiana1 ,mr4 ,cartwright1 ,ms4 ,castor of ,florida1 ,mr4 ,castro of ,texas1 ,ms4 ,judy ,chu of ,california1 ,mr4 ,cicilline1 ,mr4 ,cisneros1 ,ms4 ,clark of ,massachusetts1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,clay1 ,mr4 ,cohen1 ,mr4 ,connolly1 ,mr4 ,cooper1 ,mr4 ,correa1 ,mr4 ,costa1 ,mr4 ,courtney1 ,mr4 ,cox of ,california1 ,mr4 ,crist1 ,mr4 ,crow1 ,mr4 ,cummings1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,mrs4 ,davis of ,california1 ,ms4 ,dean1 ,mr4 ,de,fazio1 ,ms4 ,de,gette1 ,ms4 ,de,lauro1 ,ms4 ,del,bene1 ,mrs4 ,demings1 ,mr4 ,deutch1 ,mrs4 ,dingell1 ,mr4 ,michael ,f4 ,doyle of ,pennsylvania1 ,mr4 ,engel1 ,ms4 ,escobar1 ,ms4 ,eshoo1 ,mr4 ,espaillat1 ,mr4 ,evans1 ,mr4 ,foster1 ,ms4 ,frankel1 ,ms4 ,fudge1 ,ms4 ,gabbard1 ,mr4 ,gallego1 ,mr4 ,garamendi1 ,mr4 ,garca of ,illinois1 ,ms4 ,garcia of ,texas1 ,mr4 ,gomez1 ,mr4 ,gonzalez of ,texas1 ,mr4 ,grijalva1 ,ms4 ,haaland1 ,mr4 ,harder of ,california1 ,mr4 ,hastings1 ,mrs4 ,hayes1 ,mr4 ,heck1 ,mr4 ,higgins of ,new ,york1 ,ms4 ,hill of ,california1 ,mr4 ,himes1 ,mr4 ,horsford1 ,mr4 ,huffman1 ,ms4 ,jackson ,lee1 ,ms4 ,johnson of ,texas1 ,mr4 ,johnson of ,georgia1 ,ms4 ,kaptur1 ,mr4 ,keating1 ,ms4 ,kelly of ,illinois1 ,mr4 ,kennedy1 ,mr4 ,khanna1 ,mr4 ,kildee1 ,mr4 ,kilmer1 ,mr4 ,kind1 ,mr4 ,krishnamoorthi1 ,ms4 ,kuster of ,new ,hampshire1 ,mr4 ,lamb1 ,mr4 ,langevin1 ,mr4 ,larsen of ,washington1 ,mr4 ,larson of ,connecticut1 ,mrs4 ,lawrence1 ,mr4 ,lawson of ,florida1 ,mr4 ,levin of ,michigan1 ,mr4 ,lewis1 ,mr4 ,lipinski1 ,mr4 ,loebsack1 ,mr4 ,lowenthal1 ,mrs4 ,lowey1 ,mr4 ,lujn1 ,mrs4 ,luria1 ,mr4 ,lynch1 ,mr4 ,malinowski1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 ,ms4 ,matsui1 ,mr4 ,mc,adams1 ,ms4 ,mc,collum1 ,mr4 ,mc,eachin1 ,mr4 ,mc,govern1 ,mr4 ,mc,nerney1 ,mr4 ,meeks1 ,ms4 ,meng1 ,ms4 ,moore1 ,mr4 ,morelle1 ,mr4 ,moulton1 ,mrs4 ,murphy1 ,mrs4 ,napolitano1 ,mr4 ,neguse1 ,mr4 ,norcross1 ,ms4 ,norton1 ,mr4 ,o',halleran1 ,ms4 ,omar1 ,mr4 ,pallone1 ,mr4 ,pascrell1 ,mr4 ,payne1 ,mr4 ,perlmutter1 ,mr4 ,peters1 ,ms4 ,pingree1 ,ms4 ,plaskett1 ,mr4 ,pocan1 ,ms4 ,porter1 ,ms4 ,pressley1 ,mr4 ,price of ,north ,carolina1 ,mr4 ,quigley1 ,mr4 ,raskin1 ,miss ,rice of ,new ,york1 ,mr4 ,richmond1 ,mr4 ,rouda1 ,ms4 ,roybal-,allard1 ,mr4 ,ruiz1 ,mr4 ,ruppersberger1 ,mr4 ,rush1 ,mr4 ,ryan1 ,mr4 ,sablan1 ,ms4 ,snchez1 ,mr4 ,sarbanes1 ,ms4 ,scanlon1 ,ms4 ,schakowsky1 ,mr4 ,schiff1 ,mr4 ,schneider1 ,mr4 ,schrader1 ,ms4 ,schrier1 ,mr4 ,david ,scott of ,georgia1 ,mr4 ,scott of ,virginia1 ,mr4 ,serrano1 ,ms4 ,sewell of ,alabama1 ,ms4 ,shalala1 ,mr4 ,sherman1 ,mr4 ,sires1 ,mr4 ,smith of ,washington1 ,mr4 ,soto1 ,ms4 ,spanberger1 ,ms4 ,speier1 ,mr4 ,stanton1 ,mr4 ,suozzi1 ,mr4 ,swalwell of ,california1 ,mr4 ,takano1 ,mr4 ,thompson of ,mississippi1 ,mr4 ,thompson of ,california1 ,ms4 ,titus1 ,ms4 ,tlaib1 ,mr4 ,tonko1 ,mrs4 ,torres of ,california1 ,mr4 ,vargas1 ,mr4 ,veasey1 ,mr4 ,vela1 ,ms4 ,velzquez1 ,ms4 ,wasserman ,schultz1 ,mrs4 ,watson ,coleman1 ,mr4 ,welch1 ,ms4 ,wexton1 ,ms4 ,wild1 ,ms4 ,wilson of ,florida1 and ,mr4 ,yarmuth7 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 limit the separation of families at or near ports of entry4 #a4 ,short title ,this ,act may be cited as the ,keep ,families ,together ,act4 #b4 ,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 a 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 the parent or legal guardian1 determines that it is in the best interests of the child to be removed from the 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 the 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 others1 except that1 in the case that a child is removed from his or her parent or legal guardian under this section1 an independent child welfare expert licensed by the ,state or county in which the child was so removed1 authorizes the separation not later than #dh hours after such removal1 and if such expert does not authorize such separation1 the child shall be reunited with his or her parent or legal guardian not later than #dh hours after such determination4 7b7 ,prohibition on separation 7#a7 ,in general ,a designated 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 7#b7 ,penalty for family separation ,any person who knowingly separates a child from his or her parent or legal guardian in violation of this section1 shall be fined not more than #aj1jjj4 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 #c4 ,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 ,services and with child welfare and child development professionals and organizations1 shall develop training and guidance1 with an emphasis on the best interests of the child1 childhood trauma1 attachment1 and child development1 for use by agents and officers of designated agencies1 in order to standardize the implementation of section #b7;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 #d4 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 #d4 ,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 #e4 ,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 #b7;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 either in the parent or legal guardian's native language or in another language the parent or legal guardian understands1 and manner that is understandable by the parent or legal guardian4 #f4 ,required information for separated families 7a7 ,in general ,except as provided under subsection 7c71 the ,secretary of ,health and ,human ,services1 in consultation with the heads of other designated agencies1 on a weekly basis1 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 child's activities during the prior week4 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 of ,health and ,human ,services determines in his or her discretion4 7b7 ,phone communication ,except as provided under subsection 7c71 the ,secretary of ,health and ,human ,services1 in consultation with the heads of other designated agencies1 on a weekly basis1 shall provide the parent or legal guardian of a child who was separated with phone communication between the parent or legal guardian and his or her child4 7c7 ,exception ,no information under subsection 7a7 or phone communication under subsection 7b7 shall be provided to a parent or legal guardian in the case that a qualified child welfare expert with care and custody of the child1 a child's advocate1 the child's legal representation1 or the child him or herself concludes it is harmful or dangerous to the child to communicate with the parent or legal guardian4 #g4 ,annual report on family separation ,not later than #ahj days after the date of the enactment of this ,act1 and every #f months thereafter1 the ,secretary1 in consultation with the heads of other designated agencies1 shall submit a report to the committees of jurisdiction1 describing each instance in which a child was separated from a parent or legal guardian1 including the following3 7#a7 ,the relationship of the adult to 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 ,whether a referral for investigation was made to a child welfare or law enforcement agency when section #b7;a77#c7 was the justification for separation4 7#h7 ,the stated reason for1 and evidence in support of1 the separation4 7#i7 ,if the child was part of a sibling group at the time of the separation1 whether the group has had physical contact and visitation4 7#aj7 ,whether the child was rendered an unaccompanied alien child4 7#aa7 ,other information in the ,secretary's discretion4 #h4 ,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 #i4 ,clarification of existing law 7a7 ,federal law ,nothing in this ,act 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 ,act shall be interpreted to supersede or modify ,state child welfare laws where applicable4 #aj4 ,limitation on the prosecution of asylum seekers 7a7 ,in general ,an alien who has expressed a credible or reasonable fear of persecution1 filed an application for asylum or withholding of removal1 or expressed an intent to file such an application1 may not be prosecuted under section #bge7;a7 or #bgf7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7;a71 #acbf7;a77 until the date on which any such application has been finally adjudicated1 including any appeals thereto4 7b7 ,affirmative defense ,in the case that an alien is prosecuted under section #bge7;a7 or #bgf7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7;a71 #acbf7;a77 in violation of subsection 7a71 it shall be a defense that the alien has expressed a credible or reasonable fear of persecution1 filed an application for asylum or withholding of removal1 or expressed an intent to file such an application1 and that such application has not been finally adjudicated1 including any appeals thereto4 7c7 ,treaty obligations ,in accordance with the treaty obligations of the ,united ,states under ,article #ca of the ,united ,nations ,convention ,relating to the ,status of ,refugees1 no alien who has been granted asylum or withholding of removal in the ,united ,states may be prosecuted under section #bge7;a7 or #bgf7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7;a71 #acbf7;a774 #aa4 ,definitions ,in this ,act3 7#a7 ,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#b7 ,agent or officer ,the term agent or officer includes contractors of the ,federal ,government4 7#c7 ,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#d7 ,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 and the ,committee on ,education and ,labor of the ,house of ,representatives4 7#e7 ,finding ,the term finding means an individualized written assessment or screening formalized as required under section #b7;c71 and consistent with sections #c1 #d1 and #h4 7#f7 ,in danger of abuse or neglect at the hand of the parent or legal guardian ,the term in danger of abuse or neglect at the hands of the parent or legal guardian does not include migrating to or crossing of a border of the ,united ,states4 7#g7 ,secretary ,unless otherwise specified1 the term ,secretary means the ,secretary of ,homeland ,security4