,,ii #aafth ,,congress #ast ,session ,s4 #agcc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #e1 #bjai,mrs4 ,feinstein 7for herself1 ,ms4 ,harris1 ,ms4 ,hirono1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to limit the separation of children from their parents or legal guardians1 to limit the detention of families and children1 to provide unaccompanied alien children with access to counsel1 to increase the number of immigration judges and support staff1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,families and ,improving ,immigration ,procedures ,act4 #b4 ,ensuring that families remain together 7a7 ,limitation on the separation of families 7#a7 ,in general ,an agent or officer of a designated agency shall not remove a child from his or her parent or legal guardian at or near the port of entry or within #ajj miles of the border of the ,united ,states unless #a of the following situations has occurred3 7,a7 ,a ,state court1 authorized under ,state law-- 7i7 terminates the rights of a parent or legal guardian2 7ii7 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-hi72 or 7iii7 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 determines that it is in the best interests of the child to be removed from his or her parent or legal guardian because the child-- 7i7 is in danger of abuse or neglect at the hands of the parent or legal guardian2 or 7ii7 is a danger to himself or herself or to others4 7,c7 ,the ,chief ,patrol ,agent or the ,area ,port ,director1 in his or her official and undelegated capacity1 authorizes separation1 upon the recommendation by an agent or officer1 based on a finding that-- 7i7 the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking2 7ii7 there is a strong likelihood that the adult is not the parent or legal guardian of the child2 or 7iii7 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 herself or to others4 7#b7 ,prohibition on separation ,an 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#c7 ,documentation required ,the ,secretary shall ensure that a separation based upon a situation described in paragraph 7#a77;,c7-- 7,a7 is documented in writing2 and 7,b7 includes the reason for such separation and the stated evidence for such separation4 7b7 ,recommendations for separation by agents or officers 7#a7 ,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 the agents and officers1 in order to standardize separations authorized under subsection 7a77#a77;,c74 7#b7 ,annual review ,not less frequently than annually1 the ,secretary of ,health and ,human ,services shall-- 7,a7 review the guidance developed under paragraph 7#a72 and 7,b7 make recommendations to the ,secretary to ensure that such guidance conforms to current evidence and best practices in child welfare1 child development1 and childhood trauma4 7#c7 ,requirement ,the guidance developed under paragraph 7#a7 shall incorporate the presumptions described in subsection 7c74 7#d7 ,additional requirements 7,a7 ,evidence-based ,the guidance and training developed under this subsection shall incorporate evidence-based practices4 7,b7 ,training required 7i7 ,initial training ,all agents and officers of designated agencies1 upon hire1 and annually thereafter1 shall complete training on adherence to the guidance under this subsection4 7ii7 ,annual training ,all ,chief ,patrol ,agents and ,area ,port ,directors1 upon hire1 and annually thereafter1 shall complete-- 7,i7 training on adherence to the guidance under this subsection2 and 7,,ii7 #ij minutes of child welfare practice training that is evidence-based and trauma-informed4 7c7 ,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 ,there is a presumption that detention is not in the best interests of families and children4 7d7 ,required policy for locating separated children 7#a7 ,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 subsection 7a77#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 7#b7 ,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 7#c7 ,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 7e7 ,required information for separated families ,not less frequently than monthly1 the ,secretary shall provide the parent or legal guardian of a child who was separated-- 7#a7 a status report on the monthly activities of the child2 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 child2 7#c7 information about changes to the child's immigration status2 and 7#d7 other information about the child1 designed to promote and maintain family reunification1 as the ,secretary determines in his or her discretion4 7f7 ,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 instance-- 7#a7 the relationship of the adult and the child2 7#b7 the age and gender of the adult and child2 7#c7 the length of separation2 7#d7 whether the adult was charged with a crime1 and if the adult was charged with a crime1 the type of crime2 7#e7 whether the adult made a claim for asylum1 expressed a fear to return1 or applied for other immigration relief2 7#f7 whether the adult was prosecuted if charged with a crime and the associated outcome of such charges2 7#g7 the stated reason for1 and evidence in support of1 the separation2 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 visitation2 7#i7 whether the child was rendered an unaccompanied alien child2 and 7#aj7 other information in the ,secretary's discretion4 7g7 ,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 7h7 ,clarification of existing law 7#a7 ,federal law ,nothing in this section may 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 7#b7 ,state law ,nothing in this section may be interpreted to supersede or modify ,state child welfare laws1 as applicable4 7i7 ,,gao report on prosecution of asylum seekers 7#a7 ,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 #bjjh and ending on ,december #ca1 #bjah1 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 7#b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit a report to ,congress that describes the results of the study conducted under paragraph 7#a74 #c4 ,flores settlement agreement 7a7 ,in general ,a family unit may be detained only in accordance with the holding made in ,flores v4 ,sessions et al4 7#ith ,cir4 ,july #e1 #bjag2 ,c4,d4 ,,ca2 ,july #bd1 #bjae7 and the stipulated settlement agreement as 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 agreement74 7b7 ,rulemaking ,any regulation proposed or promulgated to supersede the ,flores settlement agreement is null and void4 7c7 ,rule of construction ,nothing in this ,act may be construed-- 7#a7 to affect the application of the ,flores settlement agreement to unaccompanied alien children2 or 7#b7 to abrogate the ,flores settlement agreement4 7d7 ,review of detention determinations ,the review of any determination by the ,secretary to detain an individual or family unit under this section shall be in accordance with all other provisions of law1 holdings 7including any holding made in ,flores v4 ,sessions et al4 7#ith ,cir4 ,july #e1 #bjag2 ,c4,d4 ,,ca4 ,july #bd1 #bjae771 consent decrees1 and settlement agreements 7including the ,flores settlement agreement74 #d4 ,access to counsel for unaccompanied alien children 7a7 ,appointment of counsel ,in any removal proceeding and in any appeal proceeding before the ,attorney ,general from any such removal proceeding1 an unaccompanied alien child 7as defined in section #dfb7;g7 of the ,homeland ,security ,act on #bjjb 7#f ,u4,s4,c4 #bgi7;g777 shall be represented by ,government-appointed counsel1 at ,government expense4 7b7 ,length of representation ,once a child is designated as an unaccompanied alien child under subsection 7a7-- 7#a7 the child shall be represented by counsel at every stage of the proceedings from the child's initial appearance through the termination of immigration proceedings2 and 7#b7 any ancillary matters appropriate to such proceedings even if the child reaches #ah years of age or is reunified with a parent or legal guardian while the proceedings are pending4 7c7 ,notice ,not later than #gb hours after an unaccompanied alien child is taken into ,federal custody1 the child shall be notified that he or she will be provided with legal counsel in accordance with this section4 7d7 ,within detention facilities ,the ,secretary shall ensure that unaccompanied alien children have access to counsel inside all detention1 holding1 and border facilities4 7e7 ,pro bono representation 7#a7 ,in general ,to the maximum extent practicable1 the ,attorney ,general should make every effort to utilize the services of competent counsel who agree to provide representation to such children under this section without charge4 7#b7 ,development of necessary infrastructures and systems ,the ,attorney ,general shall develop the necessary mechanisms-- 7,a7 to identify counsel available to provide pro bono legal assistance and representation to children under this section2 and 7,b7 to recruit such counsel4 7f7 ,contracts2 grants 7#a7 ,in general ,the ,attorney ,general may enter into contracts with1 or award grants to1 nonprofit agencies with relevant expertise in the delivery of immigration-related legal services to children to carry out the responsibilities under this section1 including providing legal orientation1 screening cases for referral1 recruiting1 training1 and overseeing pro bono attorneys4 7#b7 ,subcontracts ,nonprofit agencies may enter into subcontracts with1 or award grants to1 private voluntary agencies with relevant expertise in the delivery of immigration related legal services to children in order to carry out this section4 7g7 ,model guidelines on legal representation of children 7#a7 ,development of guidelines ,the ,executive ,office for ,immigration ,review1 in consultation with voluntary agencies and national experts1 shall develop model guidelines for the legal representation of alien children in immigration proceedings1 which shall be based on the children's asylum guidelines1 the ,american ,bar ,association ,model ,rules of ,professional ,conduct1 and other relevant domestic or international sources4 7#b7 ,purpose of guidelines ,the guidelines developed under paragraph 7#a7 shall be designed to help protect each child from any individual suspected of involvement in any criminal1 harmful1 or exploitative activity associated with the smuggling or trafficking of children1 while ensuring the fairness of the removal proceeding in which the child is involved4 7h7 ,duties of counsel ,counsel provided under this section shall-- 7#a7 represent the unaccompanied alien child in all proceedings and matters relating to the immigration status of the child or other actions involving the ,department of ,homeland ,security2 7#b7 appear in person for all individual merits hearings before the ,executive ,office for ,immigration ,review and interviews involving the ,department of ,homeland ,security2 7#c7 owe the same duties of undivided loyalty1 confidentiality1 and competent representation to the child as is due to an adult client2 and 7#d7 carry out other such duties as may be proscribed by the ,attorney ,general or the ,executive ,office for ,immigration ,review4 #e4 ,increases in immigration judges and support staff 7a7 ,immigration judges ,the ,attorney ,general shall increase the total number of immigration judges to adjudicate pending cases and efficiently process future cases by not fewer than #ge judges during fiscal year #bjai4 7b7 ,support staff ,the ,attorney ,general shall-- 7#a7 increase the total number of judicial law clerks by #ge during fiscal year #bjai2 and 7#b7 increase the total number of support staff for immigration judges1 including legal assistants and interpreters1 by #cjj during fiscal year #bjai4 #f4 ,docket management for resource conservation ,notwithstanding any opposition from the ,secretary1 immigration judges may administratively close cases1 and the ,board of ,immigration ,appeals may remand cases for administrative closure1 if an individual in removal proceedings-- 7#a7 appears to be prima facie eligible for a visa or other immigration benefit2 and 7#b7 has a pending application for such benefit before ,u4,s4 ,citizenship and ,immigration ,services or another appropriate agency4 #g4 ,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 attained #ah years of age2 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 ,judiciary of the ,senate2 7,b7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7,c7 the ,committee on the ,judiciary 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 shall not mean 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 subsection 7b77#c7 and consistent with subsections 7c71 7d71 and 7h74 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4