Ending family separation and protection of minors

(a) Promoting family unity 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) Promoting family unity (1) Detention of alien minors (A) In general Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the Secretary of Homeland Security may detain any alien minor (other than an unaccompanied alien child) who is inadmissible to the United States under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) or removable from the United States under section 237(a) of that Act (8 U.S.C. 1227(a)) pending the completion of removal proceedings, regardless of whether the alien minor was previously an unaccompanied alien child. (B) Priority removal cases The Attorney General shall— (i) prioritize the removal proceedings of an alien minor, or a family unit that includes an alien minor, detained under subparagraph (A); and (ii) set a case completion goal of not more than 100 days for such proceedings. (C) Detention and release decisions The decision to detain or release an alien minor described in subparagraph (A)— (i) shall be governed solely by sections 212(d)(5), 217, 235, 236, and 241 of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5), 1187, 1225, 1226, and 1231) and implementing regulations or policies; and (ii) shall not be governed by standards, requirements, restrictions, or procedures contained in a judicial decree or settlement relating to the authority to detain or release alien minors. (2) Conditions of detention (A) In general Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the Secretary of Homeland Security shall determine, in the sole discretion of the Secretary, the conditions of detention applicable to an alien minor described in paragraph (1)(A) regardless of whether the alien minor was previously an unaccompanied alien child. (B) No judicial review A determination under subparagraph (A) shall not be subject to judicial review. (3) Rule of construction Nothing in this section— (A) affects the eligibility for bond or parole of an alien; or (B) limits the authority of a court to hear a claim arising under the Constitution of the United States. (4) Preemption of state licensing requirements Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, a State may not require an immigration detention facility used to detain families consisting of one or more children who have not attained 18 years of age and the parents or legal guardians of such children, that is located in the State, to be licensed by the State or any political subdivision thereof. (5) Conditions of custody The Secretary of Homeland Security shall ensure that each— (A) family residential facility is secure and safe; and (B) alien child and accompanying parent at a family residential facility has— (i) suitable living accommodations; (ii) access to drinking water and food; (iii) timely access to medical assistance, including mental health assistance; and (iv) access to any other service necessary for the adequate care of a minor child. (6) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (k) Applicability of consent decrees, settlements, and judicial determinations (1) Flores settlement agreement inapplicable Any conduct or activity that was, before the date of the enactment of this subsection, subject to any restriction or obligation imposed by the stipulated settlement agreement filed on January 17, 1997, in the United States District Court for the Central District of California in Flores v. Reno, CV 85–4544–RJK, (commonly known as the Flores settlement agreement), or imposed by any amendment of that agreement or judicial determination based on that agreement— (A) shall be subject to the restrictions and obligations in subsection (j) or imposed by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457); and (B) shall not be subject to the restrictions and the obligations imposed by such settlement agreement or judicial determination. (2) Other settlement agreements or consent decrees In any civil action with respect to the conditions of detention of alien children, the court shall not enter or approve a settlement agreement or consent decree unless it complies with the limitations set forth in subsection (j)..