Sec. 2. Family unification
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Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ) is amended by adding at the end the following: Notwithstanding any other provision of law, including section 3142 of title 18, United States Code, any judicial determination (including any judicial determination made in Flores v. Sessions et. al. (9th Cir. July 5, 2017; C.D. CA. July 24, 2015)), consent decree, or settlement agreement issued before the date of enactment of the HUMANE Act of 2019 , and section 236.3 of title 8, Code of Federal Regulations (or a successor regulation), the Secretary of Homeland Security is not required to implement the terms of the stipulated settlement agreement filed on January 17, 1997, in the United States District Court for the Central District of California in Flores v.
Reno, CV 85–4544–RJK (commonly known as the “Flores settlement agreement”), and may not use any Federal Funds to implement such agreement, with respect to an alien child who is younger than 18 years of age if such child is accompanied by a parent or legal guardian. Except as provided in subparagraph (B), the Secretary of Homeland Security shall house any alien child described in paragraph
(1)who is unlawfully present in the United States together with the parent of such child in a family residential center or a regional processing center maintained by the Secretary of Homeland Security during the pendency of civil or criminal proceedings. The Secretary of Homeland Security may not temporarily house an alien child referred to in subparagraph
(A)in the manner described in such subparagraph if the Secretary— is unable to verify that an individual accompanying the alien child is the parent of the alien child; determines that the accompanying parent of the alien child— has a violent criminal history; or has committed or been convicted of— an aggravated felony; a crime involving the attempted use of physical force or the threatened use of a deadly weapon; an assault resulting in bodily injury (as defined in section 2266 of title 18, United States Code); or an offense described in section 212(a)(2) or 237(a)(2); determines that the alien child has been a victim of domestic abuse or sexual abuse; or the alien child is— a victim of trafficking; at risk of becoming a victim of trafficking; in danger of abuse or neglect at the hands of the accompanying parent of the alien child; or a danger to himself or herself or to others. The Secretary of Homeland Security shall ensure that— each family residential facility or regional processing center, as applicable, is secure and safe; and each alien child and each accompanying parent at a family residential facility or regional processing center— has suitable living accommodations; has access to drinking water and food; has timely access to medical assistance, including mental health assistance; has access to recreational facilities, educational services, entertainment options, clothing, family visitation, and legal counsel (to the greatest extent practicable in accordance with section 292); and has access to any other service necessary for the adequate care of a minor child. If an alien child described in paragraph
(1)may not be housed with the accompanying parent of the alien child in a family residential center or regional processing center in accordance with paragraph (2)(A), the child shall be treated as an unaccompanied alien child under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 et seq.). To the maximum extent practicable, the Secretary of Homeland Security and the Attorney General shall prioritize civil and criminal proceedings and decisions on requests for relief from removal of accompanied alien children and families who are in custody under this subsection. . The amendments made by this Act shall apply regardless of the date of the occurrence of an action giving rise to the admissibility or custody of the accompanied child or parent. Nothing in this section, or in the amendments made by this section, may be construed as terminating the settlement agreement filed on January 17, 1997, in the United States District Court for the Central District of California in Flores v. Reno, CV 85–4544–RJK (commonly known as the Flores settlement agreement ), with respect to an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )).
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