Keep Families Together Act

In general— An agent or officer of a designated agency shall be prohibited from removing a child from his or her parent or legal guardian, 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:

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 laws.

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.

In general— Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall develop training and guidance, with an emphasis on the best interests of the child, childhood trauma, attachment, and child development, for use by the agents and officers, in order to standardize the implementation of section 2(a)(3).

Annual review— Not less frequently than annually, the Secretary of Health and Human Services shall review the guidance developed under subsection (a) and make recommendations to the Secretary to ensure such guidance is in accordance with current evidence and best practices in child welfare, child development, and childhood trauma.

Requirement— The guidance under subsection (a) shall incorporate the presumptions described in section 4.

Family unity— There shall be a strong presumption in favor of family unity.

Siblings— To the maximum extent practicable, the Secretary shall ensure that sibling groups remain intact.

Detention— In general, there is a presumption that detention is not in the best interests of families and children.

In general— Not later than 180 days after the after the date of the enactment of this Act, the Secretary shall publish final public guidance that describes, with specificity, the manner in which a parent or legal guardian may locate a child who was separated from the parent or legal guardian under section 2(a). In developing the public guidance, the Secretary shall consult with the Secretary of Health and Human Services, immigrant advocacy organizations, child welfare organizations, and State child welfare agencies.

Written notification— The Secretary shall provide each parent or legal guardian who was separated, with written notice of the public guidance to locate a separated child.

Language access— All guidance shall be available in English and Spanish, and at the request of the parent or legal guardian, in the language or manner that is understandable by the parent or legal guardian.

A status report on the monthly activities of the child.

Information about the education and health of the child, including any medical treatment provided to the child or medical treatment recommended for the child.

Information about changes to the child’s immigration status.

Other information about the child, designed to promote and maintain family reunification, as the Secretary determines in his or her discretion.

The relationship of the adult and the child.

The age and gender of the adult and child.

The length of separation.

Whether the adult was charged with a crime, and if the adult was charged with a crime, the type of crime.

Whether the adult made a claim for asylum, expressed a fear to return, or applied for other immigration relief.

Whether the adult was prosecuted if charged with a crime and the associated outcome of such charges.

The stated reason for, and evidence in support of, the separation.

If the child was part of a sibling group at the time of separation, whether the sibling group has had physical contact and visitation.

Whether the child was rendered an unaccompanied alien child.

Other information in the Secretary’s discretion.

the parental rights remain intact; and

the separation does not constitute an affirmative determination of abuse or neglect under Federal or State law.

Federal law— Nothing in this Act shall be interpreted to supersede or modify Federal child welfare law, where applicable, including the Adoption and Safe Families Act of 1997 (Public Law 105–89).

State law— Nothing in this Act shall be interpreted to supersede or modify State child welfare laws where applicable.

Study— The Comptroller General of the United States shall conduct a study of the prosecution of asylum seekers during the period beginning on January 1, 2008 and ending on December 31, 2018, including—

Report— Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report that describes the results of the study conducted pursuant to subsection (a).

Agent; officer— The terms agent and officer include contractors of the Federal Government.

Child— The term child means an individual who—

Committees of jurisdiction— The term committees of jurisdiction means—

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 border.

Designated agency— The term designated agency means—

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 specialist, formalized as required under section 2(c) and consistent with sections 3, 4, and 8.

Secretary— Unless otherwise specified, the term Secretary means the Secretary of Homeland Security.