H.R. 61 – Ensuring United Families at the Border Act

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Updated November 24, 2025 at 3:53 AM UTC

The Ensuring United Families at the Border Act amends the 2008 William Wilberforce Trafficking Victims Protection Reauthorization Act to set clear rules for detaining families and children at the border. It says that a child who arrives with a parent is not automatically exempt from detention and that the Department of Homeland Security must keep the parent and child together while the parent’s misdemeanor immigration case is pending. The bill also blocks states from requiring licensing of immigration detention facilities that hold families or children.

Key Provisions

Adds a construction clause stating that detention of any alien child who is not an unaccompanied child follows specific sections of the Immigration and Nationality Act, removing any presumption against detention.
Requires the Secretary of Homeland Security to keep an alien and their child together in custody when the alien is charged only with a misdemeanor immigration offense and entered the U.S. with the child under 18.
Declares that the amendment is intended to meet the Flores settlement requirements for accompanied minors.
Preempts any state law that would require licensing of immigration detention facilities used for families or children under 18.

Legislative Activity

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1 earlier action

HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

Judiciary Committee

January 3, 2025

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HouseIntro Referral

Introduced in House

January 3, 2025

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

January 3, 2025

Bill Text

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Introduced in HouseIssued January 3, 2025

I

119th CONGRESS

1st Session

H. R. 61

IN THE HOUSE OF REPRESENTATIVES

January 3, 2025

Mr. Biggs of Arizona (for himself, Mr. Burlison, Mr. Crane, and Mr. Nehls) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

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

1.

Short title

This Act may be cited as the Ensuring United Families at the Border Act.

2.

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 is no presumption that an alien child who is not an unaccompanied alien child should not be detained.

(2)

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)

Sense of Congress

It is the sense of Congress that the amendments in this section to section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) are intended to satisfy the requirements of the Settlement Agreement in Flores v. Meese, No. 85–4544 (C.D. Cal) as approved by the court on January 28, 1997, with respect to its interpretation in Flores v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the agreement applies to accompanied minors.

(c)

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.

(d)

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.