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Code · BILL · 116th Congress · S. 2582 (Reported in Senate) — Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2020, and for... · Sec. 233

Sec. 233.

369 words·~2 min read·/bill/116/s/2582/rs/section-233·

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

No funds shall be used for an agent or officer of U.S. Customs and Border Protection to remove a child from his or her parent or legal guardian, at or near the port of entry or within 100 miles of the border of the United States, unless one of the following has occurred: A State court, authorized under State law, terminates the rights of a parent or legal guardian, determines that it is in the best interests of the child to be removed from his or her 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 his or her 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 of U.S.
Customs and Border Protection, 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; 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; or other reasons recognized under the preliminary injunction in Ms. L v. ICE and agreed upon between the Department of Homeland Security, the Department of Health and Human Services, and the American Civil Liberties Union including: criminal history; and communicable diseases.
No funds shall be used to 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.
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  • Pub. L. 105-89
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Sec. 233
Pub. L.Pub. L. 105-89
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