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Code · BILL · 116th Congress · H.R. 2203 (Reported in House) — To increase transparency, accountability, and community engagement within the Department of Homeland Security, provid... · Sec. 205

Sec. 205. Limitation on the separation of families

305 words·~1 min read·/bill/116/hr/2203/rh/section-205·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Notwithstanding any other provision of law, a child may not be removed from a parent, legal guardian, or family member of such child, at or near the port of entry or within 100 miles of a border of the United States, unless one of the following has occurred: A State court, authorized under State law, terminates the rights of the parent or legal guardian, determines that it is in the best interests of the child to be removed from the parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 ( Public Law 105–89 ), or makes any similar determination that is legally authorized under State law.
An official from the State or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from the parent, legal guardian, or family member because the child is in danger of abuse or neglect at the hands of the parent, legal guardian, or family member or is a danger to herself or others. A designated agency may not remove a child from a parent, legal guardian, or family member solely for the policy goal of deterring individuals from migrating to the United States or for the policy goal of promoting compliance with civil immigration laws.
Any person who knowingly separates a child from his or her parent, legal guardian, or family member in violation of this section, shall be fined not more than $10,000. For purposes of this section, the term family member means an individual who is any of the following: A parent or legal guardian. A spouse. A child. A step-family member. An immediate family member, to include adult siblings. An extended family member, to include aunts, uncles, adult cousins, and grandparents.
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  • Pub. L. 105-89
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Sec. 205
Limitation on the separation of families
Pub. L.Pub. L. 105-89
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