[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 532 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 532
To require the Secretary of Homeland Security to use alternatives to
detention for certain vulnerable immigrant populations, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 14, 2019
Mr. Brown of Maryland (for himself, Mr. Aguilar, Mr. Carbajal, Mr.
Cohen, Ms. Clarke of New York, Mr. Gomez, Ms. Jackson Lee, Mr. Johnson
of Georgia, Ms. Norton, Ms. Pingree, Ms. Schakowsky, Mr. Takano, Mrs.
Watson Coleman, and Ms. Omar) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the Secretary of Homeland Security to use alternatives to
detention for certain vulnerable immigrant populations, 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 ``Alternatives to Detention Act of
2019''.
SEC. 2. ALTERNATIVES TO DETAINING UNDOCUMENTED INDIVIDUALS.
(a) In General.--The Secretary of Homeland Security shall establish
programs that provide alternatives to detaining individuals under the
immigration laws (as defined in section 101(a)(17) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(17))), whether such detention is
pending a decision on whether the individual is to be removed from the
United States or after the issuance of a removal order. The programs
shall provide for a continuum of supervision mechanisms and options,
including community-based supervision and community support. The
Secretary may contract with nongovernmental community-based
organizations to provide services under such programs, which may
include case management services, appearance assistance services, and
screenings of individuals who have been detained.
(b) Determination of Vulnerable Population or Caregiver Status
Required.--
(1) In general.--Not later than 48 hours after taking an
individual described in subsection (a) into custody, the
Secretary or the immigration judge shall make a determination
whether an individual may participate in an alternatives to
detention program and determine the appropriate level of
supervision.
(2) Special rule.--If the individual is member of a
vulnerable population described in subsection (c), is a parent
of a child under 18 years of age, or is dependent caregiver or
a family caregiver, the individual may not be detained and must
be placed in an alternatives to detention program that is a
community-based supervision program.
(3) Exceptions.--Alternative to detention programs shall
not be used--
(A) for individuals detained under section 236A of
the Immigration and Nationality Act (8 U.S.C. 1226a);
or
(B) when release on bond or recognizance is
determined to be a sufficient measure to ensure
appearances at immigration proceedings and public
safety.
(c) Vulnerable Population.--In determining whether to place a
detainee in an alternatives to detention program, the Secretary shall
consider whether the detainee--
(1) is an asylum seeker or victim of torture or
trafficking;
(2) has special religious, cultural, or spiritual
considerations;
(3) is pregnant or nursing;
(4) is under 21 years of age or older than 60 years of age;
(5) identifies as gay, lesbian, bisexual, transgender, or
intersex;
(6) is a victim or witness of a crime;
(7) has a mental disorder or physical disability; or
(8) has been determined by an immigration judge or the
Secretary of Homeland Security to be experiencing severe trauma
or to be a survivor of torture or gender-based violence, based
on information obtained during intake, from the individual's
attorney or legal services provider, or through credible self-
reporting.
(d) Coordinator of Alternatives to Detention and Family
Reunification.--
(1) In general.--The Secretary of Homeland Security shall
establish in the Department of Homeland Security the position
of Coordinator of Alternatives to Detention and Family
Reunification (``Coordinator''). The Coordinator shall be
selected by the President and shall be appointed by, and report
directly to, the Secretary. Subject to the availability of
appropriations, the Secretary shall make available to the
Coordinator such personnel, funds, and other resources as may
be appropriate to enable the Coordinator to carry out the
Coordinator's mission.
(2) Mission and duties of coordinator.--
(A) Mission.--The Coordinator's mission shall be to
work with the executive departments (as defined in
section 101 of title 5, United States Code) to
coordinate--
(i) the use of alternatives to detention
programs; and
(ii) the reunification of parents with
children separated from them by the Secretary
at or near a port of entry into the United
States, or within 100 miles of an international
border of the United States.
(B) Duties of coordinator.--
(i) In general.--The Coordinator shall
serve as the primary point of contact within
the executive branch with the Congress, State
and local governments, the private sector, and
community leaders regarding the policies and
programs described in clauses (i) and (ii) of
subparagraph (A). Working with the input of the
executive departments, the Coordinator shall be
responsible for managing information flow,
requests for actions, and discussions regarding
such policies and programs with the Congress,
State and local governments, the private
sector, and community leaders.
(ii) Report.--Not later than 30 days after
the date of the appointment of the Coordinator,
the Coordinator shall issue a report to the
Congress on the status of--
(I) detentions under the
immigration laws (as defined in section
101(a)(17) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(17)))
pending a decision on whether an
individual is to be removed or after
the issuance of a removal order; and
(II) reunification of parents and
children separated by the Secretary at
or near a port of entry into the United
States, or within 100 miles of an
international border of the United
States.
(C) Duties of executive departments.--The heads of
the executive departments--
(i) shall respond promptly to any request
by the Coordinator;
(ii) shall, consistent with applicable law,
provide such information as the Coordinator
deems necessary to carry out the Coordinator's
mission; and
(iii) otherwise shall cooperate with the
Coordinator to the greatest extent practicable
to facilitate the performance of the
Coordinator's mission.
(3) Construction.--Nothing in this subsection shall be
construed to impair or otherwise affect--
(A) the authority granted by law to an executive
department or the head thereof;
(B) the functions of the Director of the Office of
Management and Budget relating to budget,
administrative, or legislative proposals; or
(C) the chain of command over the Armed Forces
provided in section 162(b) of title 10, United States
Code.
(4) Sunset.--This subsection shall cease to be effective on
the date that is 3 years after the date of the enactment of
this Act.
(e) Parents and Other Caregivers.--For purposes of this section:
(1) The term ``dependent caregiver'' means an individual
who lives with, and provides more than one-half of the
financial support required by, a family member who is--
(A) under 18 years of age; or
(B) unable to engage in substantial employment due
to a physical or mental health condition or disability.
(2) The term ``family caregiver'' means an individual who
lives with, and provides more than one-half of the personal
care required by, a family member who is--
(A) under 18 years of age; or
(B) unable to engage in substantial employment due
to a physical or mental health condition or disability.
(3) The term ``family member'', with respect to an
individual receiving personal care services or financial
support, means an individual who is--
(A) a parent;
(B) a spouse;
(C) a child;
(D) a step-family member; or
(E) an extended family member.
(4) The term ``parent'' means--
(A) a biological or adoptive parent of a child,
whose parental rights have not been relinquished or
terminated under State law or the law of a foreign
country; or
(B) a legal guardian under State law or the law of
a foreign country.
<all>
Alternatives to Detention Act of 2019
#532 | HR Congress #116
Policy Area: Immigration
Subjects: Border security and unlawful immigrationChild safety and welfareCongressional oversightCrime victimsCrimes against womenDepartment of Homeland SecurityDetention of personsExecutive agency funding and structureFamily relationshipsHuman traffickingImmigrant health and welfareImmigration status and proceduresPublic-private cooperationRefugees, asylum, displaced personsSex, gender, sexual orientation discrimination
Last Action: Referred to the Subcommittee on Immigration and Citizenship. (2/25/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text