Preventing Family Separation for Immigrants with Disabilities Act
This bill prohibits an agent or officer of the Departments of Homeland Security, Justice, or Health and Human Services from removing a protected individual (i.e., an individual with a developmental disability and no permanent immigration status) from a family member at or near the port of entry or within 100 miles of the U.S. border unless a state court or state or county welfare agency determines that removal is in the best interest of such individual. The Chief Patrol Agent or the Area Port Director may also authorize removal upon a finding that the protected individual is a victim of trafficking or is at significant risk of being a victim of trafficking, there is a strong likelihood that the adult is not a family member of the protected individual, or the protected individual is in danger of abuse or neglect.
A protected individual may not be removed from a family member solely for the policy goal of deterring individuals from migrating to the United States or for promoting compliance with civil immigration laws.
DHS must provide the family member of a protected individual who was separated with information about the activities of such individual and certain other information on a monthly basis.