[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6232 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 6232
To limit the separation of families including an individual with an
developmental disability at or near ports of entry.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2018
Mr. Sean Patrick Maloney of New York (for himself, Ms. Bass, Mr.
O'Halleran, Mr. Meeks, Mr. Cohen, Ms. Clarke of New York, Mr. Payne,
Mr. Espaillat, Ms. Velazquez, Mr. Correa, Ms. Titus, and Mr. McGovern)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Homeland Security,
for a period to be subsequently determined by the Speaker, 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 including an individual with an
developmental disability at or near ports of entry.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Family Separation for
Immigrants with Disabilities Act''.
SEC. 2. LIMITATION ON THE SEPARATION OF FAMILIES INCLUDING AN
INDIVIDUAL WITH AN DEVELOPMENTAL DISABILITY.
(a) In General.--An agent or officer of a designated agency shall
be prohibited from removing a protected individual from his or her
family member, at or near the port of entry or within 100 miles of the
border of the United States, unless one of the following has occurred:
(1) A State court, authorized under State law, terminates
the rights of a family member, determines that it is in the
best interests of the protected individual to be removed from
his or her family member, in accordance with the Adoption and
Safe Families Act of 1997 (Public Law 105-89), or makes any
similar determination that is legally authorized under State
law.
(2) An official from the State or county welfare agency
with expertise in trauma and development and an official from
the State protection and advocacy system make a best interests
determination that it is in the best interests of the protected
individual to be removed from his or her family member because
the protected individual is in danger of abuse or neglect at
the hands of the family member, or is a danger to herself or
others.
(3) The Chief Patrol Agent or the Area Port Director in
their official and undelegated capacity, authorizes separation
upon the recommendation by an agent or officer, based on a
finding that--
(A) the protected individual is a victim of
trafficking or is at significant risk of becoming a
victim of trafficking;
(B) there is a strong likelihood that the adult is
not a family member of the protected individual; or
(C) the protected individual is in danger of abuse
or neglect at the hands of the family member, or is a
danger to themselves or others.
(b) Prohibition on Separation.--An agency may not remove a
protected individual from a family member 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 laws.
(c) Documentation Required.--The Secretary shall ensure that a
separation under subsection (a)(3) is documented in writing and
includes, at a minimum, the reason for such separation, together with
the stated evidence for such separation.
SEC. 3. REQUIRED INFORMATION FOR SEPARATED FAMILIES.
Not less frequently than once every month, the Secretary shall
provide the family member of a protected individual who was separated,
the following information, at a minimum:
(1) A status report on the monthly activities of the
protected individual.
(2) Information about the education and health of the
protected individual, including any medical treatment provided
to the individual or medical treatment recommended for the
individual.
(3) Information about changes to the individual's
immigration status, as well as information about the State
protection and advocacy office that has monitoring authority.
(4) Other information about the individual, designed to
promote and maintain family reunification, as the Secretary
determines in his or her discretion.
SEC. 4. DEFINITIONS.
In this Act:
(1) Agent; officer.--The terms ``agent'' and ``officer''
include contractors of the Federal Government.
(2) Danger of abuse or neglect at the hands of the family
member.--The term ``danger of abuse or neglect at the hands of
the family member'' shall not mean migrating to or crossing the
United States border.
(3) Designated agency.--The term ``designated agency''
means--
(A) the Department of Homeland Security;
(B) the Department of Justice; and
(C) the Department of Health and Human Services.
(4) Disabilities specialist.--The term ``disabilities
specialist'' means an individual with expertise working with
individuals with a disability who is--
(A) a physician;
(B) an osteopath; or
(C) a psychologist.
(5) Finding.--The term ``finding'' means an individualized
written assessment or screening by the trained agent or officer
that includes a consultation with a disabilities specialist,
formalized as required under section 1(c).
(6) Protected individual.--The term ``protected
individual'' means an individual who--
(A) has an developmental disability; and
(B) has no permanent immigration status.
(7) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of Homeland Security.
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