Section 1 Short title
This Act may be cited as the “Flores Settlement Update and Establishment Act of 2022”.
Flores Settlement Update and Establishment Act of 2022
A BILL
To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 with respect to minor children, and for other purposes.
Sec. 2 Holding and processing of minor children
Treatment of minor children— Not later than 90 days after the date of the enactment of this Act the Secretary of Homeland Security shall:
Permit a minor child to be held by the Secretary of Homeland Security for not more than 120 days prior to being transferred to the Secretary of Health and Human Services.
Require each member of a family unit seeking asylum at the United States-Mexico border to take a DNA test, within 72 hours of such family unit encountering the U.S. Customs and Border Protection, to ensure that the minor children and an adult of the family unit are first-degree or second-degree relatives (as described in section 1635.3 of title 29, Code of Federal Regulations (or any successor thereto)).
Require the detention and segregation, at the same site, of minor children and each adult in a family unit until evidence of a familial relationship is established pursuant to paragraph (2).
Segregate unaccompanied alien children from non-related adults.
Segregate unaccompanied alien children who are prepubescent from post-pubescent unaccompanied alien children.
Segregate a family unit from other populations at the same facility.
Require that the Commissioner of the U.S. Customs and Border Protection provide each minor child:
Facilities that are safe and sanitary.
Access to toilets, sinks, and hygiene facilities where non-related adults are not present at the time of use.
Access to drinking water and food.
Access to appropriate medical assistance.
Facilities that have adequate temperature control and ventilation.
Adequate supervision to protect the minor child.
Prosecution of certain adults— If the Secretary of Homeland Security determines that minor child and adult, presenting as a family unit, are not first-degree or second-degree relatives (as described in section 1635.3 of title 29, Code of Federal Regulations (or any successor thereto)) pursuant to the DNA test required under subsection (a)(2), the adult shall be referred to the Attorney General for appropriate action under—
section 1201 of title 18, United States Code;
section 274 of the Immigration and Nationality Act (8 U.S.C. 1324);
section 2422 of title 18, United States Code;
section 1591 of title 18, United States Code; or
any other Federal law determined by the Attorney General to be appropriate.
Transfer of unaccompanied alien child— Section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)) is amended by striking “72 hours” and inserting “120 days”.
Release of unaccompanied alien child— Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended by adding at the end the following new subparagraph:
“(D) Additional requirements for proposed custodians
“(i) Lawful presence—An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is lawfully present in the United States.
“(ii) Familial relation—An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is a first-degree or second-degree relative of the unaccompanied alien child as defined in section 1635.3 of title 29, Code of Federal Regulations (or any successor thereto).
“(iii) Criminal conviction—An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian has not been convicted, or have a charge pending at the time of consideration of being a proposed custodian, for a crime of violence (as defined by section 16 of title 18, United States Code), a sexual offense, an offense with respect to human trafficking, or kidnapping (as described in section 1201 of title 18, United States Code) at the Federal, State, or local level.
“(iv) Definitions—For the purposes of this subparagraph:
“(I) Crime of violence—The term “crime of violence” shall have the meaning given such term in section 16 of title 18, United States Code.
“(II) Sexual offense—The term “sexual offense” means an act described in subsections (a) through (d) of section 920, title 10, United States Code.
“(III) Offense with respect to human trafficking—The term “offense with respect to human trafficking” means—
“(aa) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
“(bb) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.”
Age determinations— Section 235(b)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(4)) is amended—
by striking “The Secretary of Health and Human Services, in consultation” and inserting:
“(A) In general—The Secretary of Health and Human Services, in consultation”
by adding at the end the following new subparagraphs:
“(B) Rule of construction
“(i) Reasonable person—Nothing in this paragraph may be construed—
“(I) to prevent the Secretary of Homeland Security from treating an alien who claims to be a minor, but for whom the Commissioner of the U.S. Customs and Border Protection reasonably concludes is an adult, as an adult; or
“(II) to prevent the Commissioner of the U.S. Customs and Border Protection from segregating a minor child from other minor children if they reasonably conclude such minor child is a threat to other minor children.
“(ii) Display of certain affiliation—Nothing in this paragraph may be construed to prevent the Secretary of Homeland Security from treating a minor child who has a tattoo or other means of affiliation, including jewelry, medallion, or other item, to a known gang, cartel, or other transnational criminal organizations as an adult.
“(iii) Transnational criminal organization defined—For the purposes of this subparagraph, the term “transnational criminal organization” means a self-perpetuating association of individuals who operate, wholly or in part, by illegal means and irrespective of geography.”
Authorization of appropriation—
DNA testing— There is authorized to be appropriated to carry out the DNA testing required under subsection (a)(2) $35,000,000 for fiscal year 2023, to remain available through September 30, 2025.
Facilities— There is authorized to be appropriated for the construction of permanent structures, leased spaces, and contracted staffing for the purposes described in subsection (a)(1) $115,000,000 for fiscal year 2023, to remain available through September 30, 2025.