Sec. 162. Family Detention and Unity Protections
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/bill/113/hr/3163/ih/section-162·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
- Family with Children is defined as any parent or legal guardian who is apprehended with one or more of their children. Any family with children sought to be removed by the Department of Homeland Security shall be placed in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ). The following requirements shall apply with respect to families with children: Families with children shall not be separated or taken into custody except when justified by exceptional circumstances, or when required by law.
In exceptional circumstances where release or a secure alternatives program is not an option, the Secretary shall ensure that— special non-penal, residential, home-like facilities that enable families to live as a family unit are designed to house families with children, taking into account the particular needs and vulnerabilities of the children; procedures and conditions of custody are appropriate for families with children; entities with demonstrated experience and expertise in child welfare shall staff and be responsible for the management of facilities housing families with children; no restrictions on freedom of movement; visitations; telephone, internet, library, and law library access; possession of personal property, including personal clothing; age appropriate education; or religious practice shall apply other than to prevent flight and ensure the safety of residents; individualized reviews by an immigration judge of each family’s well being, custody status and the need for continued detention are conducted every 30 days for any family held in such a facility for more than three weeks, and all families shall be notified in writing of the decision and of the individualized reasons for the decision; and parents retain fundamental parental rights and responsibilities, including the discipline of children, in keeping with applicable State laws.
Section 235(b)(1)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B)(iii) ) is amended— in subclause (IV), by striking Any alien and inserting Except as provided in subclause (V), any alien ; and by adding at the end the following: The Secretary of Homeland Security may decide for humanitarian reasons or significant public benefit not to detain families with children who are otherwise subject to mandatory detention under subclause (IV). .
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