H.R. 61: Ensuring United Families at the Border Act

This bill, titled the "Ensuring United Families at the Border Act," seeks to amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. The main focus of the bill is to clarify the rules regarding the detention of families—specifically, parents or guardians with children—who are involved in immigration proceedings. Below are the key points of what this bill would do:

1. Clarification of Family Detention Standards

The bill proposes changes to the existing rules surrounding the detention of children who are not unaccompanied minors. Key modifications include:

• The legislation states that the process for detaining children who are traveling with a parent is to be governed by specific sections of the Immigration and Nationality Act.
• It clarifies that there is no assumption that a child traveling with their parent should not be detained. This means that the government could detain families even if they are not classified as "unaccompanied alien children."

2. Detention of Families

The bill also outlines specific provisions regarding the detainment of families:

• Individuals charged with a misdemeanor under immigration law and who entered the United States with their children may be detained while their case is pending.
• This means that parents or guardians can be held in custody along with their children during the legal process.

3. Alignment with Court Settlements

The bill expresses that its amendments are intended to meet the requirements of the Flores v. Meese settlement, which has implications for how accompanied minors are treated in detention.

4. Immediate Effect

The changes proposed in this bill would take effect upon enactment, applying to all relevant situations that occur before, on, or after the date the bill becomes law.

5. State Licensing Preemption

The bill includes a provision that prevents states from imposing their licensing requirements on federal immigration detention facilities that hold children or families with children. This means state laws cannot dictate how facilities manage these detentions.

Relevant Companies

None found