HR 8356 — Flores Settlement Update and Establishment Act of 2022

Summary

Flores Settlement Update and Establishment Act of 2022 This bill modifies and provides statutory authority for certain policies pertaining to the treatment of minors without lawful immigration status under the Flores settlement and revises certain human trafficking laws. For example, the bill requires each member of a family unit seeking asylum to take a DNA test to verify familial relationships within 72 hours of the family encountering U.S. Customs and Border Protection.

Bill Text

• Introduced Introduced in House Current html July 13, 2022

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends the handling and processing of minor children in immigration proceedings, including extending detention times and implementing new familial verification requirements.

• 8 U.S.C. 1232(b)(3)

  72 hours → 120 days

  Extends the time unaccompanied alien children can be held before transfer to Health and Human Services from 72 hours to 120 days.

• 8 U.S.C. 1232(c)(3)

  (D) Additional requirements for proposed custodians.-- (i) Lawful presence.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is lawfully present in the United States. (ii) Familial relation.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian is a first-degree or second-degree relative of the unaccompanied alien child as defined in section 1635.3 of title 29, Code of Federal Regulations (or any successor thereto). (iii) Criminal conviction.--An unaccompanied alien child may not be placed with a proposed custodian unless the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, determines that such custodian has not been convicted, or have a charge pending at the time of consideration of being a proposed custodian, for a crime of violence (as defined by section 16 of title 18, United States Code), a sexual offense, an offense with respect to human trafficking, or kidnapping (as described in section 1201 of title 18, United States Code) at the Federal, State, or local level.

  Establishes new criteria for placing unaccompanied alien children with custodians, including lawful presence, familial relation, and absence of certain criminal convictions.

• Require each member of a family unit seeking asylum at the United States-Mexico border to take a DNA test, within 72 hours of such family unit encountering the U.S. Customs and Border Protection, to ensure that the minor children and an adult of the family unit are first-degree or second-degree relatives.

  Mandates DNA testing for family units at the border to confirm familial relationships before processing.

• Segregate unaccompanied alien children from non-related adults.

  Implements a requirement to keep unaccompanied alien children separate from unrelated adults.

• Segregate unaccompanied alien children who are prepubescent from post-pubescent unaccompanied alien children.

  Requires the segregation of unaccompanied children by age group.

• Segregate a family unit from other populations at the same facility.

  Ensures that family units are kept apart from other individuals in detention facilities.

• Require that the Commissioner of the U.S. Customs and Border Protection provide each minor child: (A) Facilities that are safe and sanitary. (B) Access to toilets, sinks, and hygiene facilities where non-related adults are not present at the time of use. (C) Access to drinking water and food. (D) Access to appropriate medical assistance. (E) Facilities that have adequate temperature control and ventilation. (F) Adequate supervision to protect the minor child.

  Mandates specific standards for the treatment and facilities provided to minor children in detention.

Action History

1. July 13, 2022

   Introduced in House

2. July 13, 2022

   Introduced in House

3. July 13, 2022

   Referred to the House Committee on the Judiciary.

4. November 01, 2022

   Referred to the Subcommittee on Immigration and Citizenship.

Sponsors

• Jake Ellzey · Cosponsor
• Pat Fallon · Cosponsor
• Carlos A. Gimenez · Cosponsor
• Beth Van Duyne · Cosponsor
• Randy K. Sr. Weber · Cosponsor
• Brian Babin · Cosponsor
• Kevin Brady · Cosponsor
• Kay Granger · Cosponsor
• Michael C. Burgess · Cosponsor
• Bill Posey · Cosponsor
• August Pfluger · Cosponsor
• Van Taylor · Cosponsor
• Pete Sessions · Cosponsor
• Dan Crenshaw · Primary

Subjects