H.R. 61 would change federal rules for detaining children who arrive with a parent or guardian. It says their detention is governed by specified sections of the Immigration and Nationality Act and removes any presumption that they should not be detained. The Department of Homeland Security would have to keep a parent in custody while charges are pending if the parent is charged only with a specified misdemeanor immigration offense and entered the country with a child under 18. The parent must be detained with the child. States could not require licensing for facilities used to detain these children or families. The changes would apply to actions before, on, or after enactment. The bill was referred to the House Committee on the Judiciary.
If a parent who entered with a child under 18 is charged only with the specified misdemeanor, the department would have to detain the parent and child together while the charge is pending. States could not require the covered detention facilities to obtain state or local licenses.
No publicly available information.
The bill says Congress intends these changes to satisfy requirements of the Flores settlement agreement as interpreted in a 2015 court decision. No other publicly available information.
No publicly available information.