Sec. 1102. Clarification of standards for family detention
321 words·~1 min read·
/bill/116/hr/574/ih/section-1102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) is amended by adding at the end the following: Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the detention of any alien child who is not an unaccompanied alien child shall be governed by sections 217, 235, 236, and 241 of the Immigration and Nationality Act ( 8 U.S.C. 1187 , 1225, 1226, and 1231). There exists no presumption that an alien child who is not an unaccompanied alien child should not be detained, and all such determinations shall be in the discretion of the Secretary of Homeland Security.
In no circumstances shall an alien minor who is not an unaccompanied alien child be released by the Secretary of Homeland Security other than to a parent or legal guardian. The Secretary of Homeland Security shall— maintain the care and custody of an alien, during the period which the charges described in clause
(i)are pending, who— is charged only with a misdemeanor offense under section 275(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) ); and entered the United States with the alien’s child who has not attained 18 years of age; and detain the alien with the alien’s child. . The amendment made by subsection
(a)shall take effect on the date of the enactment of this Act and shall apply to all actions that occur before, on, or after the date of the enactment of this Act. Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, no State may require that an immigration detention facility used to detain children who have not attained 18 years of age, families consisting of one or more such children and the parents or legal guardians of such children, that is located in that State, be licensed by the State or any political subdivision thereof.
Connectionstraces to 3
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources