H.R. 61 — Ensuring United Families at the Border Act

This section amends sec. 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232)—which governs protections and placement for unaccompanied alien children (UACs)—by adding subsection (j) to clarify detention standards for alien children who are not UACs (i.e., accompanied minors). Subsection (j)(1) specifies that detention of non-UAC alien children is governed exclusively by INA secs. 217 (Visa Waiver Program admissions), 235 (inspection of applicants for admission), 236 (apprehension and detention of aliens), and 241 (detention and removal of aliens pending removal proceedings) (8 U.S.C. 1187, 1225, 1226, and 1231), notwithstanding any other law, judicial decision, consent decree, or settlement agreement, and eliminates any presumption against such detention. Subsection (j)(2) requires DHS to maintain custody of, and detain together with their child under age 18, any alien charged solely with misdemeanor improper entry (INA sec. 275(a), 8 U.S.C. 1325(a)) who entered the United States with that child, pending resolution of charges. (Thus, the provision permits and in specified cases mandates family detention, overriding limitations imposed by the 1997 Flores settlement agreement as interpreted in Flores v. Johnson (2016).) It expresses the sense of Congress that these amendments satisfy Flores requirements for accompanied minors; applies the amendment retroactively to all actions before, on, or after enactment; and preempts any state or local licensing requirement for immigration detention facilities housing minors under age 18 or such minors with their parents or legal guardians.