[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2925 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2925
To prohibit the use of funds for the operation or construction of
family detention centers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2021
Ms. Jayapal (for herself, Ms. Bass, Mr. Blumenauer, Mr. Connolly, Mr.
Espaillat, Mr. Evans, Mr. Jones, Ms. Lee of California, Mr. McGovern,
Mrs. Napolitano, Ms. Norton, Mr. Panetta, Mr. Pocan, Ms. Pressley, Ms.
Schakowsky, Mr. Smith of Washington, Ms. Tlaib, Mr. Torres of New York,
Mrs. Watson Coleman, and Mr. Welch) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit the use of funds for the operation or construction of
family detention centers, and for other purposes.
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 ``Freedom for Families Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Federal Government has intentionally separated and
detained families seeking asylum in the United States
purportedly to deter other foreign nationals from coming to the
United States in the future. Such method of deterrence is
ineffective, contrary to human rights norms, and likely
violates United States and international law.
(2) On September 7, 2018, the Secretary of Homeland
Security issued a proposed rule entitled ``Apprehension,
Processing, Care, and Custody of Alien Minors and Unaccompanied
Alien Children'' (83 Fed. Reg. 45486 (September 7, 2018)) that
attempted to circumvent a 1997 court agreement commonly known
as the ``Flores Settlement Agreement'' to undermine current
legal protections for children and families and increase family
detention.
(3) Detaining families can have long-term consequences on
children, such as--
(A) difficulty regulating emotions, achieving
developmental milestones, and forming healthy
relationships;
(B) increased rates of anxiety, depression, and
post-traumatic stress disorder; and
(C) heightened risks of suicide and self-harm.
(4) When family units are placed in family detention
facilities--
(A) family members experience feelings of isolation
and increased stress;
(B) the ability of the parents to care for their
children is compromised by the constraints of
detention; and
(C) the detention setting creates barriers to--
(i) accessing counsel and legal services;
and
(ii) successfully obtaining relief from
removal.
(5) Nondetention-based practices, such as family case
management and community-based programs, are effective and
humane alternatives to family detention.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary and the
Committee on Appropriations of the Senate; and
(B) the Committee on the Judiciary and the
Committee on Appropriations of the House of
Representatives.
(2) Detain.--With respect to an individual, the term
``detain'' means to compel an individual to stay in a location
from which the individual cannot leave on his or her own free
will.
(3) Family residential center.--The term ``family
residential center'' means a facility that detains 1 or more
noncitizen families.
(4) Noncitizen.--The term ``noncitizen'' means an
individual who is not a citizen or national of the United
States.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 4. PROHIBITION ON USE OF FUNDS FOR FAMILY DETENTION CENTERS.
(a) In General.--Notwithstanding any other provision of law, none
of the amounts made available after the date of the enactment of this
Act for any fiscal year may be obligated or expended to operate or
construct a family residential center, whether directly operated by
U.S. Immigration and Customs Enforcement or by another governmental or
nongovernmental contractor.
(b) Previously Authorized Expenditures.--
(1) In general.--Beginning on the date that is 30 days
after the date of the enactment of this Act, none of the
amounts made available before such date of enactment for the
purpose of operating or constructing a family residential
center may be used for such purpose.
(2) Prohibition on transfer.--None of the amounts made
available before the date of the enactment of this Act may be
reprogrammed or transferred for the purpose of operating or
constructing a family residential center.
(c) Alternatives to Detention.--
(1) Transfer of funds.--Amounts obligated to operate a
family residential center as of the date of the enactment of
this Act shall be transferred for the implementation and
development of appropriate community-based nondetention
programs consistent with international best practices for
noncitizen families.
(2) Nonprofit entity contracting partner.--
(A) In general.--The Secretary shall contract with
1 or more community-based qualified nonprofit service
providers that have the trust of their communities for
the operation of appropriate community-based
nondetention programs.
(B) Limitation on individuals who may serve as
designees.--The Secretary may only designate the
responsibility under subparagraph (A) to an individual
employed by the Office of the Secretary.
(3) Participation.--A noncitizen family entering the United
States that is apprehended by the Secretary may be placed in a
nondetention program under this subsection if the Secretary
makes an individualized determination that participation in the
program will facilitate the family's compliance with the
immigration laws (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a))).
(4) Legal orientation.--To facilitate participant
compliance with legal requirements, a nondetention program
under this subsection shall include--
(A) a legal orientation for each participant in the
program; and
(B) meaningful access to counsel.
(5) Case management training.--
(A) In general.--The Secretary shall provide case
management training for all personnel of a nondetention
program under this subsection, including personnel of--
(i) the Department of Homeland Security;
and
(ii) the nonprofit entity contracted under
paragraph (2).
(B) Best practices.--The training under
subparagraph (A) shall--
(i) be based on international and social
welfare best practices relating to immigration
and refugee case management; and
(ii) include consultation with civil
society experts with expertise in case
management.
(d) Rule of Construction.--Nothing in this Act may be construed to
endorse the separation of noncitizen families who enter the United
States at or between ports of entry.
SEC. 5. FEASIBILITY REVIEW OF TRANSFERRING ALTERNATIVES TO DETENTION
PROGRAM.
The Secretary shall review the feasibility of transferring case
management programs out of the purview of U.S. Immigration and Customs
Enforcement and the Department of Homeland Security.
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