Limitation on separation of families

(a) Prohibition on separation An agent or officer of a designated law enforcement agency performing functions under the immigration laws (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) may not remove a child from the parent or legal guardian of such child solely for the policy goal of— (1) deterring individuals from migrating to the United States; or (2) promoting compliance with immigration laws (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (b) Exception (1) In general An agent or officer of a designated law enforcement agency performing functions under the immigration laws (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) may remove a child from the parent or legal guardian of such child, at or near a port of entry or within 100 miles of a border of the United States, if one of the following has been satisfied: (A) Any State court, authorized under State law, terminates the rights of the parent or legal guardian, determines that it is in the best interests of the child to be removed from the parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 (Public Law 105–89), or makes any similar determination that is legally authorized under State law. (B) Any official from a State or county child welfare agency makes a determination that it is in the best interests of the child to be removed from the parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or the child is a danger to himself or herself or others. (2) Independent authorization required (A) In general In the case that a child is removed from the parent or legal guardian of such child pursuant to this subsection, not later than 48 hours after such removal, the Secretary of Homeland Security shall seek a determination from a qualified child welfare expert on whether removal of the child from the parent or legal guardian was permissible under this subsection. (B) Results of determination If the qualified child welfare expert does not make a determination that the removal of the child from the parent or legal guardian was permissible under this subsection, the child shall be reunited with the parent or legal guardian. (c) Cause of action A parent or legal guardian of a child removed in violation of this section may bring an action against the Secretary of Homeland Security in a district court of the United States for injunctive relief. (d) Penalty for family separation Any person who knowingly removes a child from their parent or legal guardian in violation of this section, shall be fined not more than $10,000 per occurrence of such removal. (e) Documentation required In the case that a child is removed from the parent or legal guardian of such child in accordance with this section, the Secretary of Homeland Security shall ensure that the parent or legal guardian of the child is provided documentation of such removal, including— (1) why the child was removed from the parent or guardian; and (2) any evidence the Secretary has relating to removal of the child from the parent or legal guardian. (f) Definitions In this section: (1) Child welfare agency defined The term child welfare agency means the State, territorial, or Tribal agency responsible for child or family services and welfare. (2) Qualified child welfare expert The term qualified child welfare expert means a child welfare expert licensed by the State or county in which the child was removed from the parent or legal guardian of such child and who is independent of the U.S. Customs and Border Protection.