Rep. Tony Cárdenas

Private Prison Information Act of 2021 This bill specifies that a record related to a nonfederal prison, correctional, or detention facility must be considered a federal agency record for purposes of the Freedom of Information Act (FOIA). A nonfederal prison, correctional, or detention facility must disclose information under FOIA unless the information is exempt from disclosure or the disclosure is prohibited by law. The term nonfederal prison, correctional, or detention facility means (1) a private prison, correctional, or detention facility; or (2) a state or local prison, jail, or other correctional or detention facility.

Smarter Pretrial Detention for Drug Charges Act of 2021 This bill removes the presumption of pretrial detention for an individual who is charged with a federal drug offense for which the maximum term of imprisonment is 10 years or more.

Fair Adjudications for Immigrants Act This bill narrows the scope of certain crime-based grounds for barring or removing an alien from the United States. (Generally, a conviction for certain crimes, such as a crime that carries a term of incarceration of a certain length, may constitute grounds for denying an individual certain immigration benefits.) The bill redefines the term conviction to exclude convictions that have been dismissed, expunged, deferred, annulled, invalidated, withheld, vacated, or pardoned. The term must also exclude adjudications where a court issued a recommendation against removal, an order of probation without entry of judgment, or a similar disposition. In addition, any reference to a term of imprisonment or sentence must, unless otherwise provided (1) only consider the period of incarceration ordered by a court, and (2) exclude any suspended portion of a sentence. Currently, for immigration purposes, a term of incarceration includes any part of the sentence that was suspended. These provisions pertaining to the definition of conviction and terms of imprisonment shall apply to convictions and judgments entered either before or after this bill's enactment. Furthermore, certain crime-based grounds for barring or removing an alien shall not apply if the sentencing court issues a recommendation that the alien not be removed on the basis of the conviction.

Reduce Financial Barriers to Immigration and Citizenship Act of 2021 This bill prohibits the Department of Homeland Security (DHS) from charging fees for certain immigration applications (or petitions), requires DHS to provide fee waivers to certain applicants, and addresses related issues. DHS may not impose fees for certain applications for or related to (1) asylum or refugee status, (2) special immigrant juvenile status, (3) U or T non-immigrant visas (victims of certain crimes such as human trafficking), (4) the Violence Against Women Act, (5) special immigrant status for Afghan or Iraqi nationals employed by the U.S. government, or (6) immigration-related fee waivers. DHS must also waive immigration-related application fees for an applicant who receives a means-tested benefit or meets certain conditions related to financial hardship. However, DHS is not required to provide fee waivers for applications for certain employment-based immigration benefits. Receipt of a fee waiver may not be used as a factor (1) for determining whether an alien should be considered a public charge, or (2) when considering an affidavit of support filed by a sponsor. The bill also requires all collected immigration-related adjudication fees to be used only to fund the adjudication and administration of immigration benefits and naturalization.

Lifting Immigrant Families Through Benefits Access Restoration Act of 2021 or the LIFT the BAR Act of 2021 This bill repeals certain limits on the eligibility of noncitizens who lawfully reside in the United States for federal means-tested programs, including Medicaid, the Children's Health Insurance Program (CHIP), programs funded through Temporary Assistance for Needy Families (TANF) grants, Supplemental Security Income (SSI), and certain nutrition and housing programs.

Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2021 This bill reauthorizes through FY2026 and revises programs and activities to support survivors of human trafficking and prevent such trafficking domestically and abroad. The bill expands and authorizes programs for survivors, including a program to prevent re-exploitation. It also extends through FY2026 a special assessment on certain persons convicted of a human trafficking offense, which funds programs for human-trafficking survivors. Additionally, the bill provides privacy and other protections for survivors, including specified financial protections and protections against retaliation for survivors who pursue civil claims against a perpetrator. The bill also allows courts to reduce sentences for certain individuals who commit human trafficking crimes as minors. To prevent trafficking domestically, federal departments must incorporate anti-trafficking efforts into contracting activities and personnel policies, and the bill supports private sector efforts to address human trafficking in its policies and services. Furthermore, the bill supports the identification, investigation, and prosecution of human trafficking crimes, with an expanded focus on forced labor. To prevent trafficking globally, the bill prohibits access to a trade program for developing countries and otherwise restricts development assistance for countries that fail to meet minimum standards for eliminating trafficking. It also changes the criteria for determining whether a country has met applicable standards. In addition, the bill authorizes sanctions on persons convicted of severe forms of trafficking and requires integration of counter-trafficking activities into foreign assistance programs. The bill also requires reporting by the Government Accountability Office, federal agencies, and states concerning human trafficking.

Supreme Court Term Limits and Regular Appointments Act of 2021 This bill establishes staggered, 18-year terms for Supreme Court Justices and limits the Senate's advice and consent authority in relation to the appointment of Justices. Specifically, the bill requires the President to appoint a Supreme Court Justice every two years. If the appointment of a Justice would result in more than nine Justices on the Court, then the nine most junior Justices shall make up the panel of Justices exercising judicial power in cases and controversies. Further, any Justice who has served a total of 18 years is deemed retired from regular service and may continue to serve as a Senior Justice. Senior Justices may continue to perform judicial duties assigned to them by the Chief Justice. However, no Justice appointed before the date of enactment shall be counted towards such panel, nor shall they be required to retire from regular active service. In the event of a vacancy on the Court, the Chief Justice must assign the Justice most recently designated as a Senior Justice to serve on the Court until the appointment of a new Justice. Additionally, the Senate's advice and consent authority is waived if the Senate does not act within 120 days of a Justice's nomination.

Higher Education Dream Act of 2021 This bill prohibits institutions of higher education that receive federal student aid from discriminating against Dreamer students (e.g., students who have been granted Deferred Action for Childhood Arrivals status) based on their immigration status, including charging out-of-state tuition to students who would qualify as residents of the state. The bill also makes Dreamer students eligible for federal financial aid. The bill prohibits the use or publication of certain identifiable information related to such students, subject to civil penalties.

Eliminating Debtor's Prison for Kids Act of 2021 This bill directs the Department of Justice to make grants for states to provide mental and behavioral health services to at-risk youth, including juveniles in secure detention facilities or secure correctional facilities in the state. A state that receives a grant must (1) prohibit certain fees from being imposed on juvenile offenders or their parents or guardians; and (2) report, for inclusion in a national report, certain information about fines and fees imposed on adults and juveniles in the criminal justice system.

Finding Alternatives to Mass Incarceration: Lives Improved by Ending Separation Act of 2021 or the FAMILIES Act This bill establishes a federal statutory framework to divert certain defendants who are parents or caregivers away from prison and probation and into a comprehensive support services program. At the federal level, the bill establishes and provides funds for the comprehensive support services program, or FAMILIES Program. The bill authorizes federal courts to sentence a parent or caregiver to participation in the FAMILIES Program as a condition of supervised release or instead of probation or prison. At the state level, the bill funds grants for states to replicate successful state parenting sentencing alternatives programs that have the potential to keep parents out of prison. The bill also provides funds for a study on the effects of incarceration on children of incarcerated parents and for training district court judges to carry out the FAMILIES Program.