,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ijdj ,,in ,,the ,,house ,,of ,,representatives ,december #ba1 #bjbj,mr4 ,amash 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 protect aliens seeking asylum in the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protect ,asylum ,seekers ,act4 #b4 ,limitation on prosecution of asylum seekers ,section #bge of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7 is amended-- 7#a7 in subsection 7a71 by striking ,any alien and inserting ,except as provided in subsection 7e71 any alien2 7#b7 in subsection 7b71 by striking ,any alien and inserting ,except as provided in subsection 7e71 any alien2 and 7#c7 by adding at the end the following3 7e7 7#a7 ,subsections 7a77#a7 and 7b7 shall not apply in the case of an alien who presents himself to an immigration officer or an asylum officer without unnecessary delay after entering the ,united ,states1 and indicates an intention to apply for asylum under section #bjh or a fear of persecution 7as defined in section #bce7;b77#a77;,b77v774 7#b7 ,the exception under this subsection applies regardless of whether the alien is found to have a credible fear of persecution1 or is granted asylum1 except in the case that an asylum officer determines that the alien's claim for asylum or fear of persecution was fraudulent4 ,in the case that an asylum officer determines that a claim for asylum is fraudulent under this paragraph1 the officer shall document such determination1 and the reason for such determination1 in writing4 7#c7 ,a claim for asylum or a fear of persecution may not be determined to be fraudulent under paragraph 7#b7 on the basis that-- 7,a7 the alien entered or attempted to enter the ,united ,states at any time or place other than as designated by immigration officers2 7,b7 the alien's claim is based on fearing gang violence or domestic violence2 or 7,c7 the alien entered or attempted to enter the ,united ,states with the alien's child who had not attained the age of #ah4 4 #c4 ,transfer of asylum seekers to asylum interview locations ,an alien who presents himself to an immigration officer or an asylum officer as described in section #bge7;e77#a7 of the ,immigration and ,nationality ,act shall be transferred to a port of entry or place designated for asylum interviews under section #bce7;b77#a77;,b77i7 of that ,act to undergo an interview by an asylum officer under such section #bce1 unless the alien presents himself at such a location4 #d4 ,limitation on the separation of families 7a7 ,in general ,an agent or officer of a designated agency may not remove a child from his or her parent or legal guardian if the parent or legal guardian has not been referred for prosecution1 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 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 himself or others4 7#c7 ,the ,chief ,patrol ,agent or the ,area ,port ,director1 in their official and undelegated capacity1 authorizes separation upon the recommendation by an agent or officer of a designated agency1 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 himself or others4 7b7 ,prohibition on separation ,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 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 #e4 ,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 agents and officers of designated agencies1 in order to standardize the implementation of section #d7;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 subsection 7e74 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 7e7 ,presumptions ,the presumptions described in this subsection 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 #f4 ,required policy for locating separated children 7a7 ,in general ,not later than #ahj days 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 #c7;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 of a child who was separated from the child with written notice of the public guidance to locate the 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 #g4 ,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 separated from the child 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 #h4 ,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 a report to the committees of jurisdiction 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 ,the ,secretary shall ensure that any information collected1 published1 or otherwise made available under this section does not reveal personally identifiable information4 #i4 ,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 #aj4 ,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 #aa4 ,,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 #bjbj1 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 ,such report shall not reveal personally identifiable information4 #ab4 ,definitions ,in this ,act3 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 ,judiciary1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on the ,judiciary1 the ,committee on ,energy and ,commerce1 and the ,committee on ,oversight and ,reform 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 does not include 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 #d7;c7 and consistent with sections #e and #i4 7#g7 ,secretary ,unless otherwise specified1 the term ,secretary means the ,secretary of ,homeland ,security4