Limitation on separation of families

(a) Definitions In this section: (1) Child welfare agency The term child welfare agency means the State, territorial, or Tribal agency responsible for child or family services and welfare. (2) Immigration laws The term immigration laws has the meaning given such term in section 101(17) of the Immigration and Nationality Act (8 U.S.C. 1101(17)). (3) Qualified child welfare expert The term qualified child welfare expert means a child welfare expert who is— (A) licensed by the State or county in which the child was removed from the parent or legal guardian of such child; and (B) independent of U.S. Customs and Border Protection. (b) Prohibition on separation An agent or officer of a designated law enforcement agency performing functions under the immigration laws 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. (c) Exception (1) In general An agent or officer of a designated law enforcement agency performing functions under the immigration laws 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— (A) any State court, authorized under State law— (i) terminates the rights of the parent or legal guardian; (ii) determines 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 (iii) makes any similar determination that is legally authorized under State law; or (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— (i) is in danger of abuse or neglect at the hands of the parent or legal guardian; or (ii) is a danger to himself or herself or others. (2) Independent authorization required (A) In general Not later than 48 hours after a child is removed from his or her parent or legal guardian pursuant to paragraph (1), the Secretary of Homeland Security shall seek a determination from a qualified child welfare expert on whether such removal was permissible. (B) Results of determination If the qualified child welfare expert does not determine that the removal of the child from the parent or legal guardian was permissible under paragraph (1), the child shall be reunited with his or her parent or legal guardian. (d) Cause of action A parent or legal guardian of a child who was 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. (e) Penalty for family separation Any person who knowingly removes a child from his or her parent or legal guardian in violation of this section shall be fined not more than $10,000 per occurrence of such removal. (f) Documentation required The Secretary of Homeland Security shall ensure that the parent or legal guardian of a child who is removed from his or her parent or legal guardian under this section is provided documentation of such removal, including— (1) an explanation of why the child was removed from the parent or guardian; and (2) any evidence the Secretary has relating to removal of the child from his or her parent or legal guardian.