H.R. 6173House115th Congress (2017-2019)In Committee

To amend section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to clarify the standards for family detention, and for other purposes.

AI-Generated Summary

Updated April 15, 2026 at 10:37 PM UTC

The bill changes the 2008 William Wilberforce Trafficking Victims Protection Reauthorization Act to spell out when immigration officials can detain families that include children. It says the Department of Homeland Security (DHS) can decide to detain a child who is not classified as an unaccompanied minor, limits how such children can be released, blocks states from requiring licenses for detention facilities that hold families, and provides $50 million for building or improving family detention centers.

Key Provisions

Detention of any child who is not an unaccompanied alien is governed by specific sections of the Immigration and Nationality Act, and there is no automatic rule against detaining them; the DHS Secretary decides case‑by‑case.
A minor who is not an unaccompanied alien may only be released by DHS to a parent or legal guardian.
If an adult is charged only with a misdemeanor and entered the U.S. with a child under 18, DHS must keep the adult in its care and custody and detain the adult together with the child.
States cannot require immigration detention facilities that hold children or families to obtain state licensing or comply with state licensing rules.
The bill authorizes $50 million in federal funds for DHS (Customs and Border Protection) to build, improve, or procure family detention facilities.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

3 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Immigration and Border Security.

Immigration Integrity, Security, and Enforcement Subcommittee

August 2, 2018

View full timeline

HouseIntro Referral

Introduced in House

June 21, 2018

HouseIntro Referral

Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Judiciary Committee

June 21, 2018

HouseCommittee

Referred to the Subcommittee on Border and Maritime Security.

Border Security and Enforcement Subcommittee

June 29, 2018

HouseCommittee

Referred to the Subcommittee on Immigration and Border Security.

Immigration Integrity, Security, and Enforcement Subcommittee

August 2, 2018

Bill Text

Latest available legislative text

Reading Mode

Raw Text PDF XML

Introduced in HouseIssued June 21, 2018

115th CONGRESS

2d Session

H. R. 6173

IN THE HOUSE OF REPRESENTATIVES

June 21, 2018

Mr. Knight introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to clarify the standards for family detention, and for other purposes.

Clarification of standards for family detention

(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, 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, and 1231). There exists no presumption that an alien child who is not an unaccompanied alien child should not be detained, and all such determinations shall be in the discretion of the Secretary of Homeland Security.

(2)

Release of minors other than unaccompanied aliens

In no circumstances shall an alien minor who is not an unaccompanied alien child be released by the Secretary of Homeland Security other than to a parent or legal guardian.

(3)

Family detention

The Secretary of Homeland Security shall—

(A)

maintain the care and custody of an alien, during the period during which the charges described in clause (i) are pending, 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’s child who has not attained 18 years of age; and

(B)

detain the alien with the alien’s child.

(b)

Effective date

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to all actions that occur before, on, or after the date of the enactment of this Act.

(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 one or more of 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.

Authorization of appropriations for family detention

There are authorized to be appropriated for family detention facilities $50,000,000 to the Department of Homeland Security—U.S. Customs and Border Protection—Procurement, Construction, and Improvements account.