This bill, known as the "Ensuring United Families at the Border Act," aims to clarify the standards for family detention by amending the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. It specifically addresses the detention of alien children who are not unaccompanied, asserting that their detention should be governed by existing immigration law sections. The legislation explicitly states there is no presumption that an accompanied alien child should not be detained. The bill mandates that the Secretary of Homeland Security must maintain the care and custody of an alien charged solely with a misdemeanor offense for unlawful entry, provided they entered with their child under 18 years of age. Crucially, it requires that such an alien be detained with their child . Congress expresses its intent that these amendments satisfy the requirements of the Flores v. Meese settlement agreement regarding accompanied minors, suggesting a legislative effort to redefine compliance with the agreement. Additionally, the legislation includes a provision that preempts state licensing requirements for immigration detention facilities. This means no state or political subdivision can require a license for facilities used to detain children under 18 or families consisting of such children and their parents or legal guardians. This provision aims to remove potential state-level obstacles to the operation of family detention centers.
Border security and unlawful immigrationChild safety and welfareDetention of personsFamily relationshipsImmigrant health and welfareImmigration status and proceduresLicensing and registrationsState and local government operations
Ensuring United Families at the Border Act
USA119th CongressHR-61| House
| Updated: 1/3/2025
This bill, known as the "Ensuring United Families at the Border Act," aims to clarify the standards for family detention by amending the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. It specifically addresses the detention of alien children who are not unaccompanied, asserting that their detention should be governed by existing immigration law sections. The legislation explicitly states there is no presumption that an accompanied alien child should not be detained. The bill mandates that the Secretary of Homeland Security must maintain the care and custody of an alien charged solely with a misdemeanor offense for unlawful entry, provided they entered with their child under 18 years of age. Crucially, it requires that such an alien be detained with their child . Congress expresses its intent that these amendments satisfy the requirements of the Flores v. Meese settlement agreement regarding accompanied minors, suggesting a legislative effort to redefine compliance with the agreement. Additionally, the legislation includes a provision that preempts state licensing requirements for immigration detention facilities. This means no state or political subdivision can require a license for facilities used to detain children under 18 or families consisting of such children and their parents or legal guardians. This provision aims to remove potential state-level obstacles to the operation of family detention centers.
Border security and unlawful immigrationChild safety and welfareDetention of personsFamily relationshipsImmigrant health and welfareImmigration status and proceduresLicensing and registrationsState and local government operations