Law: Legal Issues in the News: Border Crisis

This bill prohibits an agent or contractor of the Department of Homeland Security, the Department of Justice, or the Department of Health and Human Services from removing a child who is under the age of 18 and has no permanent immigration status from his or her parent or legal guardian at or near the port of entry or within 100 miles of the U.S. border unless:

an authorized state court determines that it is in the child's best interests to be removed;
a state or county child welfare official with expertise in child trauma and development determines that it is in the child's best interests to be removed because of abuse or neglect; or
the Chief Patrol Agent or the Area Port Director authorizes separation based on a documented finding that the child is a trafficking victim or is at significant risk of becoming a victim, a strong likelihood exists that the adult is not the parent or legal guardian, or the child is in danger of abuse or neglect.
An agency may not remove a child from a parent or legal guardian solely for the policy goals of deterring migration to the United States or of promoting immigration law compliance.

The bill sets forth presumptions: (1) in favor of family and sibling unity and parental rights, and (2) that detention is not in the best interests of families and children.

The Government Accountability Office shall conduct a study of the prosecution of asylum seekers.

The Department of Homeland Security (DHS) shall: (1) consider safety and family concerns in any action related to the repatriation or prosecution of individuals apprehended for immigration violations, and (2) provide related training for U.S. Customs and Border Protection (CBP) and cooperating entity personnel.

DHS, with certain exceptions, shall certify every 180 days that it has deported or otherwise removed an apprehended individual from the United States through an entry or exit point on the southern border only during daylight hours.

DHS shall promulgate regulations establishing short-term custody standards providing for basic minimums of care at all CBP facilities holding individuals in CBP custody.

To protect children affected by immigration enforcement actions.

This bill amends the Immigration and Nationality Act (INA) to authorize the Department of Justice (DOJ) to appoint or provide counsel at government expense to aliens in removal proceedings.

The Department of Homeland Security (DHS) shall provide an alien in removal proceedings with all relevant documents in its possession, unless the alien has knowingly waived the right to such documents. In the absence of a waiver a removal proceeding may not proceed until the alien has received, and had time to review, the documents.

DOJ may appoint or provide counsel to aliens in any INA proceeding.

DHS shall ensure that aliens have access to counsel inside all immigration detention and border facilities.

DOJ shall appoint counsel, at government expense if necessary, for an unaccompanied alien child or a particularly vulnerable individual.

DHS shall: (1) facilitate access to counsel for all aliens detained in facilities under the supervision of U.S. Immigration and Customs Enforcement or of U.S. Customs and Border Protection (CBP); and (2) establish procedures to ensure that legal orientation programs are available for all detained aliens, including aliens held in CBP facilities.

DOJ shall develop and administer a two-year pilot program at not fewer than two immigration courts to grant access to legal information to non-detained aliens with pending asylum claims.

DHS shall establish a pilot program to increase the court appearance rates of unaccompanied alien children and particularly vulnerable individuals by contracting with nongovernmental, community-based organizations to provide such aliens with case management services.

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...the occurrence of a mother-child separation of a week or longer within the first two years of life was related to higher levels of child negativity (at age 3) and aggression (at ages 3 and 5). The effect of separation on child aggression at age 5 was mediated by aggression at age 3, suggesting that the effects of separation on children’s aggressive behavior are early and persistent.