Stop Cruelty to Migrant Children Act
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Stop Cruelty to Migrant Children Act
This bill establishes limitations on separating alien children from parents and on detaining families, and also addresses other immigration-related matters.
A child may be separated from a parent or legal guardian at or near a port of entry or U.S. border only if (1) a state court has made a relevant ruling, such as terminating the parent's rights; (2) a qualified child welfare agency official has ruled that separation is in the child's best interest; or (3) a specified official makes certain determinations, such as concluding that a child is a trafficking victim.
A child may not be separated from a parent or guardian solely to deter migration or promote compliance with immigration laws.
This bill establishes presumptions (1) in favor of family unity and keeping siblings together, and (2) against detention.
The Department of Homeland Security (DHS) shall (1) document all child separations, (2) develop training for officers handling separations, (3) publish guidance on how to locate a separated child, (4) periodically provide a parent or guardian information about a separated child, and (5) pay for counsel to represent unaccompanied alien children in removal proceedings.
The Flores settlement (an agreement imposing conditions on the treatment of detained alien minors) and a related court holding shall apply to the detention of families.
The bill also contains provisions relating to the detention of aliens, including (1) requiring medical assessments of detained children, (2) imposing health-related standards for detention facilities, and (3) requiring DHS to provide sufficient funds for alternatives to detention programs.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on July 23, 2019. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on August 6, 2019: Referred to the Subcommittee on Immigration and Citizenship.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 116th Congress (2019-20), 344 of the 14,345 bills and joint resolutions introduced became law, about 2.4 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Grace Meng (D-NY) introduced it on July 23, 2019, and 33 members have since signed on as cosponsors.
They are 33 Democrats.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on July 23, 2019, 2606 days ago. The most recent recorded action was 2592 days ago, on August 6, 2019.
Measures do not carry over. Anything the 116th Congress has not finished by January 3, 2021 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers