Should Unauthorized Immigrant Families be Kept Together While Waiting for an Expedited Hearing? (S. 3091)

What is S. 3091?

(Updated December 6, 2018)

This bill — Protect Kids and Parents Act — would require that unauthorized immigrant families be detained together in family shelters except in circumstances to protect the child’s safety, including: cases of aggravated criminal conduct by the parent, the threat of harm to the children by the parent (such as abuse or neglect), or evidence that the child is a victim of human trafficking. It would provide for expedited processing and review of cases involving such families within 14 days, after which those who are eligible to stay in the country could do so while the other families would be deported to their home countries.

The number of federal immigration judges would be increased from roughly 375 to 750 to allow for the prioritization of processing claims by unauthorized immigrant individuals who are here with children. The Dept. of Homeland Security (DHS) would also be authorized to hire 200 additional employees to process asylum applications.

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.

The Government Accountability Office (GAO) would be required to report on the total number of asylum seekers who claimed a fear of persecution, received a favorable credible fear determination, and were referred for prosecution. The report would include a breakdown of the number of asylum seekers who were separated from their children as a result of the criminal prosecution, the number who went through immigration proceedings, and the number who were deported.

Argument in favor

This bill stops the separation of unauthorized immigrant families except when needed to protect the health and well-being of the child and expedites immigration hearings for such families so they aren’t stuck in family shelters indefinitely.

Argument opposed

Speeding up immigration hearings for asylum claims may have the unintended consequence of legitimate claims being rejected because the applicants didn’t have time to build their case with legal counsel.

Impact

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

Cost of S. 3091

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Ted Cruz (R-TX) introduced this bill stop separation of unauthorized immigrant families except in situations where it is necessary to protect the child’s well-being while they await expedited hearings to determine whether they can remain in the U.S.:

“Over the past few weeks, Americans have been rightly horrified by the images and videos coming from our southern border, where tearful children are being pulled away from their mothers and fathers. There is no doubt that this must stop, immediately. We can come together to fix this problem. The Protect Kids and Parents Act focuses on solving the current problem: it stops family separation, except in situations where it is necessary to protect the health and well-being of the child, and doubles the number of immigration judges and expedites the process by which we handle asylum claims by families who enter our country. I hope that my Democratic colleagues can join with us to stop the crisis that is occurring at the border.”

An op-ed in Slate expressed opposition to this bill, calling it “an attempt to convert nationwide disgust with family separation into dangerous, anti-immigrant legislation” and adding:

“The practical effect of Cruz’s bill would be a system where families are detained, held in deplorable conditions that cost taxpayers hundreds of millions of dollars per year to maintain, and deported after they are unable to develop robust asylum cases in a mere 14 days.”

This legislation has the support of 21 cosponsors, all of whom are Republicans.

Media:

• Sponsoring Sen. Ted Cruz (R-TX) Press Release
  
• Countable
  
• Texas Tribune
  
• Slate (Opposed)