S. 4546
ASSIMILATION Act
Sponsor: Tommy Tuberville · 0 cosponsors
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Text of the bill
I Findings, purposes, definitions, and standards
II Immigrant and nonimmigrant classifications
III Admission, inadmissibility, sponsorship, and administrative authority
IV Naturalization and citizenship
V Asylum, inspection, detention, and unaccompanied alien children
(a) In general. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended by adding at the end the following:
(j) Construction
(1) In general. Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement—
(A) the detention of any alien child who is not an unaccompanied alien child shall be governed by sections 217, 235, 236, and 241 of the Immigration and Nationality Act (8 U.S.C. 1187, 1225, 1226, 1231); and
(B) there is no presumption that an alien child who is not an unaccompanied alien child should not be detained.
(2) Family detention. The Secretary of Homeland Security shall—
(A) maintain the care and custody of any alien who—
(i) is charged only with a misdemeanor offense under section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)); and
(ii) entered the United States with the alien child of such alien, during the period during which such charge is pending; and
(B) detain the alien with the alien child of such alien.
(3) Alien child defined. The term alien child means an individual who—
(A) has not attained 18 years of age; and
(B) is an alien, as that term is defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
(b) Sense of Congress. It is the sense of Congress that the amendment made by subsection (a) is intended to satisfy the requirements of the Settlement Agreement in Flores v. Meese, No. 85–4544 (C.D. Cal.), as approved by the court on January 28, 1997, with respect to its interpretation in Flores v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the agreement applies to accompanied minors.
(c) Preemption of State licensing requirements. Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, no State may require that an immigration detention facility used to detain children who have not attained 18 years of age, or families consisting of 1 or more such children and the parents or legal guardians of such children, that is located in that State, be licensed by the State or any political subdivision thereof.
(d) Effective date. The amendment made by subsection (a) shall—
(1) take effect on the date of enactment of this Act; and
(2) apply to all actions that occur before, on, or after such date.
VI Employment eligibility verification and labor protections
VII Conforming amendments; reports; effective dates; applicability; severability