Asylum Reform and Border Protection Act of 2014 - Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to direct the Secretary of State to negotiate agreements between the United States and other countries for the repatriation of children. Requires that such agreements protect children from severe forms of trafficking in persons and provide for their safe removal and repatriation. (Current law provides separate procedures for unaccompanied alien children from countries that are or are not contiguous to the United States.)
Subjects all children who do not make a claim of asylum or fear of persecution to initial screening and expedited removal. (Maintains the exception for Cuban children arriving by air.)
Prohibits the government from bearing any expense of counsel for any person in a removal or related appeal proceedings.
Adds an additional requirement in order to establish a credible fear of persecution claim in an asylum interview.
Limits humanitarian and public interest parole authority.
Prohibits the Secretary of Homeland Security (DHS) from using parole authority for an alien who is ineligible for refugee status.
Authorizes the DHS Secretary to designate groups as criminal street gangs. Requires detention for anyone found inadmissible or deportable for criminal street gang membership. Bars individuals found inadmissible or deportable for such membership from asylum, temporary protected status, or special immigrant juvenile status.
Amends the Homeland Security Act of 2002 to revise the definition of "unaccompanied alien child."
Prohibits an unaccompanied alien child (UAC) from applying for asylum if such child: (1) may be removed to a safe third country, or (2) has not applied for asylum within one year after arrival in the United States.
Provides for additional immigration judges and U.S. Immigration and Customs Enforcement (ICE) attorneys.
National Security and Federal Lands Protection Act - Prohibits the Secretary of the Interior or the Secretary of Agriculture (USDA) from restricting specified U.S. Customs and Border Protection (CBP) activities on federal land within 100 miles of an international land border to: (1) execute search and rescue operations, and (2) prevent unlawful U.S. entries through the international land borders of the United States.
Directs the Secretary of State to suspend all foreign assistance to certain countries that refuse to: (1) negotiate a child repatriation agreement, or (2) accept from the United States repatriated unaccompanied alien children who are nationals or residents of the sending country.
Permits the use of foreign assistance for repatriation and reintegration purposes.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5137 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5137
To modify the treatment of unaccompanied alien children who are in
Federal custody by reason of their immigration status, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 17, 2014
Mr. Chaffetz (for himself, Mr. Goodlatte, Mr. Smith of Texas, Mr.
Chabot, and Mr. Farenthold) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committees on Foreign Affairs, Agriculture, Natural Resources, and
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 modify the treatment of unaccompanied alien children who are in
Federal custody by reason of their immigration status, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asylum Reform and Border Protection
Act of 2014''.
SEC. 2. SAFE REMOVAL OF MINORS.
(a) Country Agreements.--Section 235(a)(2) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(8 U.S.C. 1232(a)(2)) is amended to read as follows:
``(2) Country agreements.--The Secretary of State shall
negotiate agreements between the United States and other
countries with respect to the repatriation of children. Such
agreements shall be designed to protect children from severe
forms of trafficking in persons, and shall, at a minimum,
provide that--
``(A) no child shall be returned to the child's
country of nationality or of last habitual residence
unless returned to appropriate employees or officials,
including child welfare officials where available, of
the accepting country's government;
``(B) no child shall be returned to the child's
country of nationality or of last habitual residence
outside of reasonable business hours; and
``(C) border personnel of the countries that are
parties to such agreements are trained in the terms of
such agreements.''.
(b) Repeals.--Section 235(a) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is
amended--
(1) by striking paragraphs (3) and (4);
(2) by striking paragraph (5)(D); and
(3) by redesignating paragraph (5) as paragraph (3).
(c) Screening of Applicants for Admission.--Section 235(b)(1)(A)(i)
of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)(i)) is
amended by striking ``(other than an alien described in subparagraph
(F))'' and inserting ``(including a child, whether or not the child is
an unaccompanied alien child (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g))), but not including an
alien described in subparagraph (F))''.
SEC. 3. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL.
Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362)
is amended--
(1) by striking ``(at no expense to the Government)''; and
(2) by adding at the end the following:
``Notwithstanding any other provision of law, in no instance shall the
Government bear any expense for counsel for any person in removal
proceedings or in any appeal proceedings before the Attorney General
from any such removal proceedings.''.
SEC. 4. SPECIAL IMMIGRANT JUVENILE VISAS.
Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``and whose
reunification with 1 or both of the immigrant's parents is not viable
due'' and inserting ``and who cannot be reunified with either of the
immigrant's parents due''.
SEC. 5. CREDIBLE FEAR INTERVIEWS.
Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``208.'' and inserting
``208, and it is more probable than not that the statements made by the
alien in support of the alien's claim are true.''.
SEC. 6. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.
(a) In General.--The Secretary of Homeland Security shall establish
quality assurance procedures and take steps to effectively ensure that
questions by employees of the Department of Homeland Security
exercising expedited removal authority under section 235(b) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a
uniform manner, and that both these questions and the answers provided
in response to them are recorded in a uniform fashion.
(b) Factors Relating to Sworn Statements.--Where practicable, any
sworn or signed written statement taken of an alien as part of the
record of a proceeding under section 235(b)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a
recording of the interview which served as the basis for that sworn
statement.
(c) Interpreters.--The Secretary shall ensure that a competent
interpreter, not affiliated with the government of the country from
which the alien may claim asylum, is used when the interviewing officer
does not speak a language understood by the alien and there is no other
Federal, State, or local government employee available who is able to
interpret effectively, accurately, and impartially.
(d) Recordings in Immigration Proceedings.--Recordings of
interviews of aliens subject to expedited removal shall be included in
the record of proceeding and shall be considered as evidence in any
further proceedings involving the alien.
(e) No Private Right of Action.--Nothing in this section shall be
construed to create any right, benefit, trust, or responsibility,
whether substantive or procedural, enforceable in law or equity by a
party against the United States, its departments, agencies,
instrumentalities, entities, officers, employees, or agents, or any
person, nor does this section create any right of review in any
administrative, judicial, or other proceeding.
SEC. 7. PAROLE REFORM.
(a) In General.--Paragraph (5) of section 212(d) (8 U.S.C. 1182(d))
is amended to read as follows:
``(5) Humanitarian and public interest parole.--
``(A) In general.--Subject to the provisions of
this paragraph and section 214(f)(2), the Secretary of
Homeland Security, in the sole discretion of the
Secretary of Homeland Security, may on a case-by-case
basis parole an alien into the United States
temporarily, under such conditions as the Secretary of
Homeland Security may prescribe, only--
``(i) for an urgent humanitarian reason (as
described under subparagraph (B)); or
``(ii) for a reason deemed strictly in the
public interest (as described under
subparagraph (C)).
``(B) Humanitarian parole.--The Secretary of
Homeland Security may parole an alien based on an
urgent humanitarian reason described in this
subparagraph only if--
``(i) the alien has a medical emergency and
the alien cannot obtain necessary treatment in
the foreign state in which the alien is
residing or the medical emergency is life-
threatening and there is insufficient time for
the alien to be admitted through the normal
visa process;
``(ii) the alien is needed in the United
States in order to donate an organ or other
tissue for transplant into a close family
member; or
``(iii) the alien has a close family member
in the United States whose death is imminent
and the alien could not arrive in the United
States in time to see such family member alive
if the alien were to be admitted through the
normal visa process.
``(C) Public interest parole.--The Secretary of
Homeland Security may parole an alien based on a reason
deemed strictly in the public interest described in
this subparagraph only if the alien has assisted the
United States Government in a matter, such as a
criminal investigation, espionage, or other similar law
enforcement activity, and either the alien's presence
in the United States is required by the Government or
the alien's life would be threatened if the alien were
not permitted to come to the United States.
``(D) Limitation on the use of parole authority.--
The Secretary of Homeland Security may not use the
parole authority under this paragraph to permit to come
to the United States aliens who have applied for and
have been found to be ineligible for refugee status or
any alien to whom the provisions of this paragraph do
not apply.
``(E) Parole not an admission.--Parole of an alien
under this paragraph shall not be considered an
admission of the alien into the United States. When the
purposes of the parole of an alien have been served, as
determined by the Secretary of Homeland Security, the
alien shall immediately return or be returned to the
custody from which the alien was paroled and the alien
shall be considered for admission to the United States
on the same basis as other similarly situated
applicants for admission.
``(F) Report to congress.--Not later than 90 days
after the end of each fiscal year, the Secretary of
Homeland Security shall submit a report to the
Committees on the Judiciary of the House of
Representatives and the Senate describing the number
and categories of aliens paroled into the United States
under this paragraph. Each such report shall contain
information and data concerning the number and
categories of aliens paroled, the duration of parole,
and the current status of aliens paroled during the
preceding fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the first day of the first month beginning more than 60
days after the date of the enactment of this Act.
SEC. 8. REPORT TO CONGRESS ON PAROLE PROCEDURES AND STANDARDIZATION OF
PAROLE PROCEDURES.
(a) In General.--The Attorney General and the Secretary of Homeland
Security shall jointly conduct a review, and report to the Judiciary
Committees of the House of Representatives and the Senate, not later
than 180 days after the date of the enactment of this Act, and annually
thereafter, regarding the effectiveness of parole and custody
determination procedures applicable to aliens who have established a
credible fear of persecution and are awaiting a final determination
regarding their asylum claim by the immigration courts. The report
shall include the following:
(1) An analysis of the rate at which release from detention
(including release on parole) is granted to aliens who have
established a credible fear of persecution and are awaiting a
final determination regarding their asylum claim by the
immigration courts throughout the United States, and any
disparity that exists between locations or geographical areas,
including explanation of the reasons for this disparity and
what actions are being taken to have consistent and uniform
application of the standards for granting parole.
(2) An analysis of the effect of the procedures and
policies applied with respect to parole and custody
determinations both by the Attorney General and the Secretary
on the alien's pursuit of their asylum claim before an
immigration court.
(3) An analysis of the effectiveness of the procedures and
policies applied with respect to parole and custody
determinations both by the Attorney General and the Secretary
in securing the alien's presence at the immigration court
proceedings.
(b) Recommendations.--The report should include recommendations
with respect to whether the existing parole and custody determination
procedures applicable to aliens who have established a credible fear of
persecution and are awaiting a final determination regarding their
asylum claim by the immigration courts both respect the interests of
aliens and ensure the presence of the aliens at the immigration court
proceedings. The report should include an assessment on corresponding
failure to appear rates, inabsentia orders, and absconders.
SEC. 9. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG
MEMBERS.
(a) Definition of Gang Member.--Section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end
the following:
``(53)(A) The term `criminal gang' means an ongoing group, club,
organization, or association of 5 or more persons that has as one of
its primary purposes the commission of 1 or more of the following
criminal offenses and the members of which engage, or have engaged
within the past 5 years, in a continuing series of such offenses, or
that has been designated as a criminal gang by the Secretary of
Homeland Security, in consultation with the Attorney General, as
meeting these criteria. The offenses described, whether in violation of
Federal or State law or foreign law and regardless of whether the
offenses occurred before, on, or after the date of the enactment of
this paragraph, are the following:
``(i) A `felony drug offense' (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)).
``(ii) An offense under section 274 (relating to bringing
in and harboring certain aliens), section 277 (relating to
aiding or assisting certain aliens to enter the United States),
or section 278 (relating to importation of alien for immoral
purpose).
``(iii) A crime of violence (as defined in section 16 of
title 18, United States Code).
``(iv) A crime involving obstruction of justice, tampering
with or retaliating against a witness, victim, or informant, or
burglary.
``(v) Any conduct punishable under sections 1028 and 1029
of title 18, United States Code (relating to fraud and related
activity in connection with identification documents or access
devices), sections 1581 through 1594 of such title (relating to
peonage, slavery and trafficking in persons), section 1952 of
such title (relating to interstate and foreign travel or
transportation in aid of racketeering enterprises), section
1956 of such title (relating to the laundering of monetary
instruments), section 1957 of such title (relating to engaging
in monetary transactions in property derived from specified
unlawful activity), or sections 2312 through 2315 of such title
(relating to interstate transportation of stolen motor vehicles
or stolen property).
``(vi) A conspiracy to commit an offense described in
clauses (i) through (v).
``(B) Notwithstanding any other provision of law (including any
effective date), the term applies regardless of whether the conduct
occurred before, on, or after the date of the enactment of this
paragraph.''.
(b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C.
1182(a)(2)) is amended by adding at the end the following:
``(J) Aliens associated with criminal gangs.--Any
alien is inadmissible who a consular officer, the
Secretary of Homeland Security, or the Attorney General
knows or has reason to believe--
``(i) to be or to have been a member of a
criminal gang (as defined in section
101(a)(53)); or
``(ii) to have participated in the
activities of a criminal gang (as defined in
section 101(a)(53)), knowing or having reason
to know that such activities will promote,
further, aid, or support the illegal activity
of the criminal gang.''.
(c) Deportability.--Section 237(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end
the following:
``(G) Aliens associated with criminal gangs.--Any
alien is deportable who the Secretary of Homeland
Security or the Attorney General knows or has reason to
believe--
``(i) is or has been a member of a criminal
gang (as defined in section 101(a)(53)); or
``(ii) has participated in the activities
of a criminal gang (as so defined), knowing or
having reason to know that such activities will
promote, further, aid, or support the illegal
activity of the criminal gang.''.
(d) Designation.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
inserting after section 219 the following:
``designation
``Sec. 220. (a) In General.--The Secretary of Homeland Security,
in consultation with the Attorney General, and the Secretary of State
may designate a group or association as a criminal street gang if their
conduct is described in section 101(a)(53) or if the group or
association conduct poses a significant risk that threatens the
security and the public safety of United States nationals or the
national security, homeland security, foreign policy, or economy of the
United States.
``(b) Effective Date.--Designations under subsection (a) shall
remain in effect until the designation is revoked after consultation
between the Secretary of Homeland Security, the Attorney General, and
the Secretary of State or is terminated in accordance with Federal
law.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section 219
the following:
``220. Designation.''.
(e) Mandatory Detention of Criminal Street Gang Members.--
(1) In general.--Section 236(c)(1)(D) of the Immigration
and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
(A) by inserting ``or 212(a)(2)(J)'' after
``212(a)(3)(B)''; and
(B) by inserting ``237(a)(2)(G) or'' before
``237(a)(4)(B)''.
(2) Annual report.--Not later than March 1 of each year
(beginning 1 year after the date of the enactment of this Act),
the Secretary of Homeland Security, after consultation with the
appropriate Federal agencies, shall submit a report to the
Committees on the Judiciary of the House of Representatives and
of the Senate on the number of aliens detained under the
amendments made by paragraph (1).
(f) Asylum Claims Based on Gang Affiliation.--
(1) Inapplicability of restriction on removal to certain
countries.--Section 241(b)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the
matter preceding clause (i), by inserting ``who is described in
section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is''
after ``to an alien''.
(2) Ineligibility for asylum.--Section 208(b)(2)(A) of such
Act (8 U.S.C. 1158(b)(2)(A)) is amended--
(A) in clause (v), by striking ``or'' at the end;
(B) by redesignating clause (vi) as clause (vii);
and
(C) by inserting after clause (v) the following:
``(vi) the alien is described in section
212(a)(2)(J)(i) or section 237(a)(2)(G)(i)
(relating to participation in criminal street
gangs); or''.
(g) Temporary Protected Status.--Section 244 of such Act (8 U.S.C.
1254a) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (c)(2)(B)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) the alien is, or at any time after
admission has been, a member of a criminal gang
(as defined in section 101(a)(53)).''; and
(3) in subsection (d)--
(A) by striking paragraph (3); and
(B) in paragraph (4), by adding at the end the
following: ``The Secretary of Homeland Security may
detain an alien provided temporary protected status
under this section whenever appropriate under any other
provision of law.''.
(h) Special Immigrant Juvenile Visas.--Section 101(a)(27)(J)(iii)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii))
is amended--
(1) in subclause (I), by striking ``and'';
(2) in subclause (II), by inserting ``and'' at the end; and
(3) by adding at the end the following:
``(III) no alien who is, or was at any time
after admission has been, a member of a
criminal gang (as defined in section
101(a)(53)) shall be eligible for any
immigration benefit under this subparagraph;''.
(i) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to acts
that occur before, on, or after the date of the enactment of this Act.
SEC. 10. UNACCOMPANIED ALIEN CHILD DEFINED.
Section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2)) is amended to read as follows:
``(2) The term `unaccompanied alien child'--
``(A) means an alien who--
``(i) has no lawful immigration status in
the United States;
``(ii) has not attained 18 years of age;
and
``(iii) with respect to whom--
``(I) there is no parent or legal
guardian in the United States;
``(II) no parent or legal guardian
in the United States is available to
provide care and physical custody; or
``(III) no sibling over 18 years of
age, aunt, uncle, grandparent, or
cousin over 18 years of age is
available to provide care and physical
custody; except that
``(B) such term shall cease to include an alien if
at any time a parent, legal guardian, sibling over 18
years of age, aunt, uncle, grandparent, or cousin over
18 years of age of the alien is found in the United
States and is available to provide care and physical
custody (and the Secretary of Homeland Security and the
Secretary of Health and Human Services shall revoke
accordingly any prior designation of the alien under
this paragraph).''.
SEC. 11. MODIFICATIONS TO PREFERENTIAL AVAILABILITY FOR ASYLUM FOR
UNACCOMPANIED ALIEN MINORS.
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158)
is amended--
(1) by striking subsection (a)(2)(E); and
(2) by striking subsection (b)(3)(C).
SEC. 12. NOTIFICATION AND TRANSFER OF CUSTODY REGARDING UNACCOMPANIED
ALIEN MINORS.
Section 235(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) is amended--
(1) in paragraph (2), by striking ``48 hours'' and
inserting ``7 days''; and
(2) in paragraph (3), by striking ``72 hours'' and
inserting ``30 days''.
SEC. 13. INFORMATION SHARING BETWEEN DEPARTMENT OF HEALTH AND HUMAN
SERVICES AND DEPARTMENT OF HOMELAND SECURITY.
Section 235(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) is amended by
adding at the end the following:
``(5) Information sharing.--The Secretary of Health and
Human Services shall share with the Secretary of Homeland
Security any information requested on a child who has been
determined to be an unaccompanied alien child and who is or has
been in the custody of the Secretary of Health and Human
Services, including the location of the child and any person to
whom custody of the child has been transferred, for any
legitimate law enforcement objective, including enforcement of
the immigration laws.''.
SEC. 14. SAFE THIRD COUNTRY.
Section 208(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1158(a)(2)(A)) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(2) by striking ``removed, pursuant to a bilateral or
multilateral agreement, to'' and inserting ``removed to''.
SEC. 15. ADDITIONAL IMMIGRATION JUDGES AND ICE PROSECUTORS.
(a) Executive Office for Immigration Review.--Subject to the
availability of appropriations, in each of fiscal years 2014 through
2016, the Attorney General shall increase by not less than 50 the
number of positions for full-time immigration judges within the
Executive Office for Immigration Review above the number of such
positions for which funds were allotted for fiscal year 2013.
(b) Immigration and Customs Enforcement Office of the Principal
Legal Advisor.--Subject to the availability of appropriations, in each
of fiscal years 2014 through 2016, the Secretary of Homeland Security
shall increase by not less than 60 the number of positions for full-
time trial attorneys within the Immigration and Customs Enforcement
Office of the Principal Legal Advisor above the number of such
positions for which funds were allotted for fiscal year 2013.
SEC. 16. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY ON CERTAIN
FEDERAL LAND.
(a) Short Title.--This section may be cited as the ``National
Security and Federal Lands Protection Act''.
(b) Prohibition on Secretaries of the Interior and Agriculture.--
The Secretary of the Interior or the Secretary of Agriculture shall not
impede, prohibit, or restrict activities of U.S. Customs and Border
Protection on Federal land located within 100 miles of an international
land border that is under the jurisdiction of the Secretary of the
Interior or the Secretary of Agriculture, to execute search and rescue
operations and to prevent all unlawful entries into the United States,
including entries by terrorists, other unlawful aliens, instruments of
terrorism, narcotics, and other contraband through the international
land borders of the United States.
(c) Authorized Activities of U.S. Customs and Border Protection.--
U.S. Customs and Border Protection shall have immediate access to
Federal land within 100 miles of the international land border under
the jurisdiction of the Secretary of the Interior or the Secretary of
Agriculture for purposes of conducting the following activities on such
land that prevent all unlawful entries into the United States,
including entries by terrorists, other unlawful aliens, instruments of
terrorism, narcotics, and other contraband through the international
land borders of the United States:
(1) Construction and maintenance of roads.
(2) Construction and maintenance of barriers.
(3) Use of vehicles to patrol, apprehend, or rescue.
(4) Installation, maintenance, and operation of
communications and surveillance equipment and sensors.
(5) Deployment of temporary tactical infrastructure.
(d) Clarification Relating to Waiver Authority.--
(1) In general.--Notwithstanding any other provision of law
(including any termination date relating to the waiver referred
to in this subsection), the waiver by the Secretary of Homeland
Security on April 1, 2008, under section 102(c)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws
described in paragraph (2) with respect to certain sections of
the international border between the United States and Mexico
and between the United States and Canada shall be considered to
apply to all Federal land under the jurisdiction of the
Secretary of the Interior or the Secretary of Agriculture
within 100 miles of the international land borders of the
United States for the activities of U.S. Customs and Border
Protection described in subsection (c).
(2) Description of laws waived.--The laws referred to in
paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131
et seq.), the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), the National Historic Preservation Act
(16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 et
seq.), the Act of June 8, 1906 (commonly known as the
``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild
and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of
1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.), subchapter II of
chapter 5, and chapter 7, of title 5, United States Code
(commonly known as the ``Administrative Procedure Act''), the
National Park Service Organic Act (16 U.S.C. 1 et seq.), the
General Authorities Act of 1970 (Public Law 91-383) (16 U.S.C.
1a-1 et seq.), sections 401(7), 403, and 404 of the National
Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat.
3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C.
1132 note; Public Law 101-628).
(e) Protection of Legal Uses.--This section shall not be construed
to provide--
(1) authority to restrict legal uses, such as grazing,
hunting, mining, or public-use recreational and backcountry
airstrips on land under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture; or
(2) any additional authority to restrict legal access to
such land.
(f) Effect on State and Private Land.--This Act shall--
(1) have no force or effect on State or private lands; and
(2) not provide authority on or access to State or private
lands.
(g) Tribal Sovereignty.--Nothing in this section supersedes,
replaces, negates, or diminishes treaties or other agreements between
the United States and Indian tribes.
SEC. 17. MINORS IN CUSTODY.
(a) Minors in Department of Health and Human Services Custody.--
Section 235(c)(2) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(2)) is amended
by striking the last two sentences.
(b) Minors in Expedited Removal Proceedings.--Section
235(b)(1)(B)(ii) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(B)(ii)) is amended by striking ``asylum.'' and inserting
``asylum (or may be detained if the alien is an unaccompanied alien
child (as defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)))).''.
SEC. 18. FOREIGN ASSISTANCE FOR REPATRIATION.
(a) Suspension of Foreign Assistance.--The Secretary of State shall
immediately suspend all foreign assistance, including under United
States Agency for International Development programs, the Central
American Regional Security Initiative, or the International Narcotic
Control Law Enforcement program, to any large sending country that--
(1) refuses to negotiate an agreement under section
235(a)(2) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(2)),
as amended by section 2 of this Act; or
(2) refuses to accept from the United States repatriated
unaccompanied alien children (as defined in section 462(g)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) who are
nationals or residents of the sending country.
(b) Use of Foreign Assistance for Repatriation.--The Secretary of
State shall provide any additional foreign assistance from the United
States that such Secretary determines is needed to implement an
agreement under section 235(a)(2) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(a)(2)), as amended by section 2 of this Act, or safely to
repatriate or reintegrate nationals or residents of a large sending
country without increasing the total quantity of foreign assistance to
such country. Such country may use any earlier foreign assistance for
the purpose of repatriation or implementation of any agreement under
such section 235(a)(2).
(c) Definition of Large Sending Program.--For purposes of this
section, the term ``large sending country'' means--
(1) any country which was the country of nationality or
last habitual residence for 1,000 or more unaccompanied alien
children (as defined in section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g))) who entered the United
States in a single fiscal year in any of the prior 3 fiscal
years; and
(2) any other country which the Secretary of Homeland
Security deems appropriate.
(d) Effective Date.--This section shall take effect on the date of
the enactment of this Act and shall apply with respect to any
unaccompanied alien child (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g))) apprehended on or
after such date.
SEC. 19. REPORTS.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
and the Secretary of Health and Human Services, with assistance from
the Secretary of Homeland Security, shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on efforts to improve
repatriation programs for unaccompanied alien children (as defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g))). Such reports shall include the following:
(1) The average time that such a child is detained after
apprehension until removal.
(2) The number of such children detained improperly beyond
the required time periods under paragraphs (2) and (3) of
section 235(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)).
(3) A statement of the funds used to effectuate the
repatriation of such children, including any funds that were
reallocated from foreign assistance accounts as of the date of
the enactment of this Act.
(b) Effective Date.--This section shall take effect on the date of
the enactment of this Act and shall apply with respect to any
unaccompanied alien child (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g))) apprehended on or
after such date.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Agriculture, Natural Resources, and 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Agriculture, Natural Resources, and 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Agriculture, Natural Resources, and 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Agriculture, Natural Resources, and 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Agriculture, Natural Resources, and 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.
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Referred to the Subcommittee on Public Lands and Environmental Regulation.
Provisions of H.R. 2398, as introduced, were included in Sec. 16 of H.R. 5137, as introduced. See also H.R. 2398 under Legislation Referred.
Referred to the Subcommittee on Border and Maritime Security.
Referred to the Subcommittee on Immigration and Border Security.