Sec. 2. Protection of family values in apprehension programs
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In any migration deterrence program carried out at a border, the Secretary and any cooperating entity shall for each apprehended individual— as soon as practicable after such individual is apprehended— inquire through a standardized procedure that shall be established by the Secretary not later than 90 days after the date of the enactment of this Act, as to whether such apprehended individual is— a parent, legal guardian, or primary caregiver of a child; or traveling with a spouse, child, or sibling; and ascertain whether repatriation of such apprehended individual presents any humanitarian concern or concern related to such apprehended individual’s physical safety; and ensure that, with respect to a decision related to the repatriation or referral for prosecution of such apprehended individual, due consideration is given to— the best interests of such apprehended individual’s child, in any; family unity whenever possible; and other public interest factors, including humanitarian concerns and concerns related to such apprehended individual’s physical safety.
The Secretary, in consultation with the Secretary of Health and Human Services, the Attorney General, the Secretary of State, and independent immigration, child welfare, family law, and human rights law experts, shall— develop and provide specialized training for all personnel of U.S. Customs and Border Protection and cooperating entities who come into contact with apprehended individuals regarding legal authorities, policies, and procedures relevant to the preservation of a child’s best interest, family unity, and other public interest factors, including factors described in subsection (a); and require border enforcement personnel to undertake periodic and continuing training on best practices and changes in relevant legal authorities, policies, and procedures referred to in paragraph (1).
Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report that describes the impact of migration deterrence programs on parents, legal guardians, primary caregivers of a child, individuals traveling with a spouse, child, or sibling, and individuals who present humanitarian considerations or concerns related to such individual’s physical safety. Each report required under paragraph
(1)shall include for the previous year period an assessment of— the number of apprehended individuals removed, repatriated, or referred for prosecution who are the parent, legal guardian, or primary caregiver of a child who is a citizen of the United States; the number of occasions in which both parents, or the primary caretaker of such a child was removed, repatriated, or referred for prosecution as part of a migration deterrence program; the number of apprehended individuals traveling with a spouse, parent, grandparent, sibling, or child who are removed, repatriated, or referred for prosecution; and the impact of migration deterrence programs on public interest factors, including humanitarian concerns and physical safety. Not later than 120 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this section.