Sec. 1115. Protection of family values in apprehension programs
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In this section: The term apprehended individual means an individual apprehended by personnel of the Department of Homeland Security or of a cooperating entity pursuant to a migration deterrence program carried out at a border. The term border means an international border of the United States. Except as otherwise specifically provided, the term child has the meaning given to the term in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ). The term cooperating entity means a State or local entity acting pursuant to an agreement with the Secretary.
The term migration deterrence program means an action related to the repatriation or referral for prosecution of 1 or more apprehended individuals for a suspected or confirmed violation of the Immigration and Nationality Act ( 8 U.S.C. 1001 et seq. ) by the Secretary or a cooperating entity. In any migration deterrence program carried out at a border, the Secretary and cooperating entities shall for each apprehended individual— as soon as practicable after such individual is apprehended— inquire as to whether the apprehended individual is— a parent, legal guardian, or primary caregiver of a child; or traveling with a spouse or child; and ascertain whether repatriation of the apprehended individual presents any humanitarian concern or concern related to such individual’s physical safety; and ensure that, with respect to a decision related to the repatriation or referral for prosecution of the apprehended individual, due consideration is given— to the best interests of such individual’s child, if any; to family unity whenever possible; and to other public interest factors, including humanitarian concerns and concerns related to the 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 in all legal authorities, policies, and procedures relevant to the preservation of a child’s best interest, family unity, and other public interest factors, including those described in this Act; and require border enforcement personnel to undertake periodic and continuing training on best practices and changes in relevant legal authorities, policies, and procedures pertaining to the preservation of a child’s best interest, family unity, and other public interest factors, including those described in this Act.
Not later than 1 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 or child, and individuals who present humanitarian considerations or concerns related to the individual's physical safety. Each report submitted under paragraph
(1)shall include for the previous 1-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 close family members who are removed, repatriated, or referred for prosecution. 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.
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- 8 USC 1001
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