Sec. 601. Limitation on the separation of families
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/bill/116/hr/3524/ih/section-601·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An agent or officer of U.S. Customs and Border Protection may not remove a child from his or her parent or legal guardian, at 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 a State or county child welfare agency with expertise in child trauma and development makes a best interests determination that the child be removed from the parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to herself or others. The Chief Patrol Agent or the Area Port Director in their official and undelegated capacity, authorizes separation upon the recommendation by an agent or officer, based on a finding that— the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking; there is a strong likelihood that the adult is not the parent or legal guardian of the child; or the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to themselves or others.
If a child is removed from his or her parent or legal guardian under this section, an independent child welfare expert licensed by the State or county in which the child was so removed, must authorize the separation not later than 48 hours after such removal, and if such expert does not authorize such separation, the child shall be reunited with his or her parent or legal guardian not later than 48 hours after such determination. A designated agency may not remove a child from a parent or legal guardian 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 or legal guardian in violation of this section, shall be fined not more than $10,000. The Secretary shall ensure that a separation under subsection (a)(3) is documented in writing and includes, at a minimum, the reason for such separation, together with the stated evidence for such separation. The Secretary shall take such actions as may be feasible to acquire written documentation pertaining to any separation under subsection (a)(1) or (a)(2).
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- Pub. L. 105-89
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Sec. 601
Limitation on the separation of families
Pub. L.Pub. L. 105-89
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