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Ensuring United Families at the Border Act
2/1/2025, 7:53 AM
Summary of Bill HR 61
The main purpose of the bill is to ensure that families who are detained are treated fairly and humanely while their immigration cases are being processed. This includes setting standards for the conditions of detention facilities, the provision of medical care, and the protection of vulnerable populations such as children and pregnant women.
The bill also aims to improve transparency and accountability in the detention system by requiring regular reporting on the conditions of family detention facilities and the treatment of detainees. Additionally, the bill includes provisions to ensure that families are provided with legal representation and access to due process rights during their detention. Overall, the Family Detention Standards Clarification Act seeks to address the challenges and concerns surrounding family detention in the United States by establishing clear guidelines and regulations to protect the rights and well-being of detained families.
Congressional Summary of HR 61
Ensuring United Families at the Border Act
This bill addresses the treatment of children who are non-U.S. nationals (aliens under federal law), including by statutorily establishing that there is no presumption that such a child (other than an unaccompanied child) should not be detained for immigration purposes.
Specifically, the bill states that the detention of such minors shall be governed by specified sections of the Immigration and Nationality Act and not any other provision of law, judicial ruling, or settlement agreement.
(A 1997 settlement agreement, commonly known as the Flores agreement, imposes requirements relating to the treatment of detained alien minors, including requiring such minors to be released or placed in a nonsecure facility after a certain amount of time in detention.)
If an adult enters the United States unlawfully with their child, the Department of Homeland Security must detain the adult and child together if the only criminal charge against the adult is a misdemeanor for unlawful entry.
This bill also prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors or families with minors.
