Humane Treatment of Migrant Children Act
Latest action · Jul 25, 2018 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S5363-5366)
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJul 25, 2018
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Humane Treatment of Migrant Children Act
This bill prohibits an agent or officer of the Department of Homeland Security (DHS), the Department of Justice (DOJ), or the Department of Health and Human Services from removing a child (i.e., an individual who has not reached the age of 18 and has no permanent immigration status) from a parent or legal guardian at or near the port of entry or within 100 miles of the U.S. border unless: (1) a state court determines that such removal is in the best interests of the child, (2) a state child welfare agency makes a similar determination because the child is in danger or abuse or neglect, or (3) the Chief Patrol Agent or the Area Port Director authorizes separation based on a finding that the child is a victim of trafficking or is in danger of abuse or neglect.
The bill establishes a strong presumption in favor of family unity and a presumption that detention is not in the best interest of families and children. It further requires DHS to ensure that sibling groups remain intact.
DHS must: (1) publish final public guidance that describes the manner in which a parent or legal guardian may locate a child who has become separated; (2) provide the parent or legal guardian of a separated child basic information about the child's activities, education and health, and immigration status; and (3) report to Congress annually on family separation.
The Government Accountability Office must study, and report on, the prosecution of asylum seekers during the period beginning on January 1, 2008, and ending on December 31, 2018.
The bill requires that unaccompanied alien children be provided free legal counsel in immigration proceedings and that DHS provide access to counsel for all aliens detained in immigration detention facilities.
The U.S. Immigration and Customs Enforcement shall use its resources to detain aliens who pose a threat to national security or public safety. Aliens shall not be detained if they are known to be suffering from serious physical or mental illness, have a disability, are elderly, pregnant, or nursing, are minors, are the primary caretakers of a minor or an inform person, or that their detention is otherwise not in the public interest.
DHS must provide sufficient funding to cover alternatives to detention programs. DOJ must increase the total number of immigration judges and DHS must increase the number of its personnel responsible for processing refugee applications.
Cosponsors
Members who signed on, in the order they did.
Actions 2
Everything that happened, newest first.
- Jul 25, 2018Introduced in Senate
- Jul 25, 2018Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S5363-5366)
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 2468 | Fair Day in Court for Kids Act of 2018 | Related bill | Feb 28, 2018 |
| S 3036 | Keep Families Together Act | Related bill | Jun 7, 2018 |
Subjects
Assigned by the Library of Congress. Policy area: Immigration.
- Appropriations
- Border security and unlawful immigration
- Child care and development
- Child health
- Child safety and welfare
- Congressional oversight
- Correctional facilities and imprisonment
- Crime victims
- Criminal investigation, prosecution, interrogation
- Criminal justice information and records
- Department of Homeland Security
- Department of Justice
- Detention of persons
- Domestic violence and child abuse
- Evidence and witnesses
- Executive agency funding and structure
- Family relationships
- Foreign language and bilingual programs
- Government buildings, facilities, and property
- Government information and archives
- Government studies and investigations
- Human trafficking
- Immigration
- Immigration status and procedures
- Judges
- Judicial procedure and administration
- Judicial review and appeals
- Law enforcement officers
- Lawyers and legal services
- Public contracts and procurement
- Refugees, asylum, displaced persons
- Separation, divorce, custody, support
Text 1
Each version as it was printed, newest first.
- Jul 25, 2018Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.