,,ii #aahth ,,congress #b;d ,session ,s4 #dgbc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aa 7legislative day1 ,july #aj71 #bjbd,ms4 ,butler 7for herself1 ,mr4 ,schatz1 ,ms4 ,baldwin1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,ms4 ,cortez ,masto1 ,ms4 ,duckworth1 ,mr4 ,fetterman1 ,ms4 ,hirono1 ,mr4 ,king1 ,mr4 ,lujn1 ,mr4 ,merkley1 ,ms4 ,rosen1 ,mr4 ,sanders1 ,mrs4 ,shaheen1 ,mr4 ,van ,hollen1 ,ms4 ,warren1 and ,mr4 ,welch7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to limit the separation of families at or near ports of entry4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,keep ,families ,together ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,limitation on the separation of families4,sec4 #d4 ,recommendations for separation by agents or officers4,sec4 #e4 ,presumptions4,sec4 #f4 ,required policy for locating separated children4,sec4 #g4 ,required information for separated families4,sec4 #h4 ,annual report on family separation4,sec4 #i4 ,clarifications4,sec4 #aj4 ,,gao report on prosecution of asylum seekers4 #b4 ,definitions ,in this ,act3 7#a7 ,agent2 officer ,the terms agent and officer include contractors for the ,federal ,government4 7#b7 ,child ,the term child means an individual who-- 7,a7 has not reached #ah years of age2 and 7,b7 has no permanent immigration status in the ,united ,states4 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 7,c7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,d7 the ,committee on ,education and the ,workforce 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 dangers directly relating to 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 a trained agent or officer that includes a consultation with a child welfare specialist that has been formalized in accordance with sections #c7;c71 #d1 #e1 and #i4 7#g7 ,secretary ,unless otherwise specified1 the term ,secretary means the ,secretary of ,homeland ,security4 #c4 ,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 the border of the ,united ,states1 unless-- 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 law2 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 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 herself or others2 or 7#c7 the ,chief ,patrol ,agent or the ,area ,port ,director1 in his or her official and undelegated capacity1 authorizes separation upon the recommendation by an agent or officer and 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 others4 7b7 ,prohibition on separation ,an agency may not remove a child from a parent or legal guardian solely for the policy goal of-- 7#a7 deterring individuals from migrating to the ,united ,states2 or 7#b7 promoting compliance with civil immigration laws4 7c7 ,documentation required ,the ,secretary shall ensure that any separation authorized under subsection 7a77#c7-- 7#a7 is documented in writing2 and 7#b7 includes 7at a minimum7-- 7,a7 the reason for such separation2 and 7,b7 the stated evidence for such separation4 #d4 ,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 the agents and officers1 in order to standardize the implementation of section #c7;a77#c74 7b7 ,annual review ,not less frequently than annually1 the ,secretary of ,health and ,human ,services shall-- 7#a7 review the guidance developed pursuant to subsection 7a72 and 7#b7 submit 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 developed pursuant to subsection 7a7 shall incorporate the presumptions described in section #e4 7d7 ,additional requirements 7#a7 ,evidence-based ,the guidance and training developed pursuant to this section shall incorporate evidence-based practices4 7#b7 ,training required 7,a7 ,agents and officers ,all agents and officers of designated agencies1 upon hire1 and annually thereafter1 shall complete training on adherence to the guidance developed pursuant to subsection 7a74 7,b7 ,management ,all ,chief ,patrol ,agents and ,area ,port ,directors1 upon hire1 and annually thereafter1 shall complete-- 7i7 training on adherence to the guidance developed pursuant to subsection 7a72 and 7ii7 #ij minutes of child welfare practice training that is evidence-based and trauma-informed4 #e4 ,presumptions ,in this ,act-- 7#a7 there shall be a strong presumption in favor of family unity2 7#b7 the ,secretary shall ensure1 to the maximum extent practicable1 that sibling groups remain intact2 and 7#c7 there is a presumption that detention is not in the best interests of families and children4 #f4 ,required policy for locating separated children 7a7 ,development 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 immigrant advocacy organizations1 child welfare organizations1 and ,state child welfare agencies1 shall develop 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 pursuant to section #c7;a74 7#b7 ,publication ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall publish the final public guidance developed pursuant to paragraph 7#a74 7b7 ,written notification ,the ,secretary shall provide each parent or legal guardian who is separated from a child pursuant to section #c7;a7 with written notice of the public guidance to locate the separated child4 7c7 ,language access ,all guidance developed pursuant to subsection 7a7 shall be available-- 7#a7 in ,english and ,spanish2 and 7#b7 at the request of a parent or legal guardian1 in the language or manner that is understandable by such parent or legal guardian4 #g4 ,required information for separated families ,not less frequently than monthly1 the ,secretary shall provide the parent or legal guardian of a child from whom he or she was separated with-- 7#a7 a status report on the monthly activities of such child2 7#b7 information about the education and health of such child1 including any medical treatment provided to the child or medical treatment recommended for the child2 7#c7 information about changes to such child's immigration status2 and 7#d7 other information about such child1 which shall be designed to promote and maintain family reunification1 as determined by the ,secretary4 #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 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 #i4 ,clarifications 7a7 ,parental rights 7#a7 ,in general ,if a child is separated from a parent or legal guardian1 and a ,state court has not made a determination that the parental rights of such parent or legal guardian have been terminated1 there is a presumption that-- 7,a7 the parental rights remain intact2 and 7,b7 such separation does not constitute an affirmative determination of abuse or neglect under ,federal or ,state law4 7#b7 ,rule of construction ,nothing in this ,act may be construed to limit any independent rights that a parent1 legal guardian1 or child may have under any source of law1 including the ,settlement ,agreement in ,ms4 ,l4 v4 ,,ice1 #ah-;cv-#jjdbh 7,s4,d4 ,cal4 ,dec4 #aa1 #bjbc74 7b7 ,rules of construction 7#a7 ,federal law ,nothing in this ,act may be construed to supersede or modify ,federal child welfare law1 as applicable1 including the ,adoption and ,safe ,families ,act of #aiig 7,public ,law #aje-hi74 7#b7 ,state law ,nothing in this ,act may be construed to supersede or modify ,state child welfare laws1 as applicable4 #aj4 ,,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 #bjad and ending on ,december #ca1 #bjbc1 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 a report to ,congress that includes the results of the study conducted pursuant to subsection 7a74