| 3.23.22

Should Unauthorized Immigrant Children be Kept With Their Parents or Guardians? (S. 3036)

Do you support or oppose this bill?

What is S. 3036?

(Updated October 13, 2020)

This bill — the Keep Families Together Act — would prohibit federal agencies from separating unauthorized immigrant children from their parents within 100 miles of the border unless: a state court or state child welfare agency determine it would be in the best interest of the child; or the Chief Patrol Agent or Area Port Director believe the child is a victim of trafficking, or the child is in danger of abuse or neglect at the parent’s hands. Federal agencies would be directed to presume that detention isn’t in the best interest of families and children and try to keep family and sibling groups together to the greatest extent possible.

All separations would require written documentation regarding the reason for the separation and supporting evidence. The Dept. of Homeland Security (DHS) would be required to publish a guidance detailing how a parent or legal guardian could locate a child they were separated from, which would be provided to the parent or guardian in a language understandable to them.

The Dept. of Health and Human Services (HHS) would be required to develop training procedures and processes for Border Patrol Agents or Officers to make recommendations regarding separation.

DHS would provide Congress with an annual report that’d describe each details about each instance of separation, including: the relationship of the adult and child and their age and gender; the length of the separation; whether the adult was charged, prosecuted, or convicted of a crime; whether the adult made an asylum claim, expressed a fear to return, or sought other immigration relief; if the child was part of a sibling group and whether the sibling group had visitation; whether the child’s was changed to “unaccompanied”; the reason for the separation; and other information at DHS’ discretion.

DHS would provide parents or legal guardians separated from the children a monthly status report on the activities of their children, their health and education, changes in their immigration status, or other information as needed to promote family reunification.

Argument in favor

This bill would ensure that unauthorized immigrant children aren’t cruelly separated from their parents while they await an immigration hearing.

Argument opposed

This bill doesn’t do anything to get unauthorized immigrant families out of detention centers by ensuring they get an expedited hearing.

Impact

Unauthorized immigrant children and their families; immigration courts; and federal agencies detaining such families.

Cost of S. 3036

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Dianne Feinstein (D-CA) introduced this bill to keep unauthorized immigrant families together by preventing the Dept. of Homeland Security (DHS) from separating children from their parents:

“The United States must not be a country that traumatizes young children by separating them from their parents. Young children have been taken from their parents’ arms and federal law enforcement hasn’t given parents even the most basic information about their children’s whereabouts. Congress has a moral obligation to take a stand and say that families should not be forcibly separated. Many of these families are fleeing terrible violence, traveling thousands of miles on foot for the chance to file an asylum claim and save their lives. To traumatize them further is unconscionable, and I hope that our Republican colleagues will work with us to put an end to this immoral policy.”

Senator Tom Cotton (R-AR) tweeted the following statement in opposition to this bill:

“Dems’ Keep Families Together Act is better called the Child Trafficking Encouragement Act. Show up at the border with a minor & call him your child, then get released into the US! Children will be abducted & sold to drug cartels & slave traders as a free ticket into US.”

This legislation has the support of 49 cosponsors, all of whom are Democrats.

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