S.Amdt. 1451
What it does: 3 changes: replaces text, inserts text in 2 places
Sen. Christopher Murphy (D-CT)What it changes
3 changes to S. 744
Change 1: Rewrites page 1626, line 5
ReplacesPrinted pageRemoves page 1626, line 5 of the printed bill. See that page
Inserted: SEC. 3807. PROTECTION OF DETAINED CHILDREN.
Inserted: (a) Prohibition on Housing Children in Adult Detention Facilities.--
Inserted: (1) In general.--The Secretary shall not house any child who is younger than 18 years of age in any adult detention facility unless the child is detained pursuant to section 236A of the Immigration and Nationality Act (8 U.S.C. 1226a).
Inserted: (2) Transfer requirements.--Upon any notice or suspicion that an alien in the custody of the Department may be younger than 18 years of age at any time after apprehension, the Secretary shall--
Inserted: (A) immediately, or as soon as practicable, but in no case later than 24 hours after such notice or suspicion, initiate an age determination assessment in accordance with section 3612, unless the Secretary determines an alien is a child;
Inserted: (B) release or transfer the child out of any adult detention facility where the child is being housed, as soon as practicable, but in no case later than 72 hours after the determination of the child's age; and
Inserted: (C) give primary consideration to the best interests of the child and utilize the least restrictive means available in carrying out the transfer or release of the child.
Inserted: (3) Rule of construction.--Nothing in this subsection may be construed to abrogate or limit any rights, protections, or requirements under section 3612 and 3717(b) of this Act, section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279), or section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232).
Inserted: (4) Defined term.--In this subsection, the term "detention facility" has the meaning given the term in section 3802, except that family residential facilities and units in which the child is housed with family members shall not be deemed a detention facility for purposes of this subsection.
Inserted: (b) Government Accountability Office Report.--
Inserted: (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General of the United States, after consultation with the appropriate committees and nongovernmental organizations, shall submit a report to the appropriate congressional committees on the housing and detention practices of children.
Inserted: (2) Contents.--The report submitted under paragraph (1) shall include an assessment of the Department's compliance with Federal statutes and Department regulations and policies on the housing and transfer of child detainees in and from detention facilities.
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Inserted: SEC. 3808. SEVERABILITY.
Original wording
On page 1626, strike line 5, and insert the following:
Change 2: Inserts new text on page 1606, between lines 17 and 18
InsertsPrinted pageInserted: (12) For any alien child who is younger than 18 years of age at any stage in the child's bond and removal proceedings, on at least a quarterly basis--
Inserted: (A) each facility where the child is being housed;
Inserted: (B) the duration of the child's stay at each facility; and
Inserted: (C) the conditions of confinement for the child at each facility housed, including--
Inserted: (i) whether the child is placed in solitary confinement; and
Inserted: (ii) whether the conditions of confinement for the detained child meet the applicable policies and standards of the Department.
Inserted: (13) On at least a quarterly basis, whether each child who has been housed in custody at any point during the child's bond and removal proceedings was represented by an attorney.
Original wording
On page 1606, between lines 17 and 18, insert the following:
Change 3: Inserts new text on page 1609, between lines 3 and 4
InsertsPrinted pageInserted: (9) For any alien child who is younger than 18 years of age at any point during the removal process, on at least a quarterly basis--
Inserted: (A) each facility where the child is being or has been housed;
Inserted: (B) the duration of the child's stay at each facility; and
Inserted: (C) the conditions of confinement for the child at each facility housed, including--
Inserted: (i) whether the child is placed in solitary confinement; and
Inserted: (ii) whether the conditions of confinement for the detained child meet the applicable policies and standards of the Department.
Inserted: (10) On at least a quarterly basis, whether each child who has been housed in custody at any point during the child's removal process was represented by an attorney.
Original wording
On page 1609, between lines 3 and 4, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1451. Mr. MURPHY submitted an amendment intended to be proposed by him to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 1626, strike line 5, and insert the following:
SEC. 3807. PROTECTION OF DETAINED CHILDREN.
(a) Prohibition on Housing Children in Adult Detention Facilities.--
(1) In general.--The Secretary shall not house any child who is younger than 18 years of age in any adult detention facility unless the child is detained pursuant to section 236A of the Immigration and Nationality Act (8 U.S.C. 1226a).
(2) Transfer requirements.--Upon any notice or suspicion that an alien in the custody of the Department may be younger than 18 years of age at any time after apprehension, the Secretary shall--
(A) immediately, or as soon as practicable, but in no case later than 24 hours after such notice or suspicion, initiate an age determination assessment in accordance with section 3612, unless the Secretary determines an alien is a child;
(B) release or transfer the child out of any adult detention facility where the child is being housed, as soon as practicable, but in no case later than 72 hours after the determination of the child's age; and
(C) give primary consideration to the best interests of the child and utilize the least restrictive means available in carrying out the transfer or release of the child.
(3) Rule of construction.--Nothing in this subsection may be construed to abrogate or limit any rights, protections, or requirements under section 3612 and 3717(b) of this Act, section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279), or section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232).
(4) Defined term.--In this subsection, the term “detention facility” has the meaning given the term in section 3802, except that family residential facilities and units in which the child is housed with family members shall not be deemed a detention facility for purposes of this subsection.
(b) Government Accountability Office Report.--
(1) In general.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General of the United States, after consultation with the appropriate committees and nongovernmental organizations, shall submit a report to the appropriate congressional committees on the housing and detention practices of children.
(2) Contents.--The report submitted under paragraph (1) shall include an assessment of the Department's compliance with Federal statutes and Department regulations and policies on the housing and transfer of child detainees in and from detention facilities.
SEC. 3808. SEVERABILITY.
On page 1606, between lines 17 and 18, insert the following:
(12) For any alien child who is younger than 18 years of age at any stage in the child's bond and removal proceedings, on at least a quarterly basis--
(A) each facility where the child is being housed;
(B) the duration of the child's stay at each facility; and
(C) the conditions of confinement for the child at each facility housed, including--
(i) whether the child is placed in solitary confinement; and
(ii) whether the conditions of confinement for the detained child meet the applicable policies and standards of the Department.
(13) On at least a quarterly basis, whether each child who has been housed in custody at any point during the child's bond and removal proceedings was represented by an attorney.
On page 1609, between lines 3 and 4, insert the following:
(9) For any alien child who is younger than 18 years of age at any point during the removal process, on at least a quarterly basis--
(A) each facility where the child is being or has been housed;
(B) the duration of the child's stay at each facility; and
(C) the conditions of confinement for the child at each facility housed, including--
(i) whether the child is placed in solitary confinement; and
(ii) whether the conditions of confinement for the detained child meet the applicable policies and standards of the Department.
(10) On at least a quarterly basis, whether each child who has been housed in custody at any point during the child's removal process was represented by an attorney.
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Senate amendment submitted
June 20, 2013