Protecting Children and America's Homeland Act of 2014 - Division A: Supplemental Appropriations - Provides supplemental FY2014 appropriations for expenses related to the rise in unaccompanied alien children and alien adults accompanied by an alien minor at the southwest border.
Makes such supplemental appropriations to: (1) the Department of Commerce, the Department of Justice (DOJ), science, and related agencies; (2) the Department of Homeland Security (DHS), including U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE); and (3) the Department of Labor, the Department of Health and Human Services (HHS), and the Department of Education, and related agencies.
Specifies other authorized, restricted, and prohibited uses of appropriated funds.
Division B: Unaccompanied Alien Children and Border Security - Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to declare that any unaccompanied alien child (UAC) who has not been a victim of a severe form of trafficking in persons or does not have a credible fear of persecution on returning to his or her country of nationality or of last habitual residence shall be: (1) placed in removal proceedings, (2) eligible for voluntary departure at no cost to the child, and (3) provided with access to counsel. (Currently such expedited removal requirements apply only to unaccompanied children from countries that are contiguous to the United States.)
Directs the Secretary of State to negotiate agreements regarding the repatriation of children with Canada, El Salvador, Guatemala, Honduras, Mexico, and any other appropriate foreign country. (Currently such agreements are to be negotiated between the United States and countries contiguous to the United States.)
Directs the DHS Secretary to place any UAC that is a criminal or gang member in a proceeding for expedited removal.
Prohibits removal of a UAC from U.S. custody during preliminary proceedings until repatriation or unless placed in removal proceedings.
Amends the Immigration and Nationality Act to establish a proceeding to expedite due process and screening for UACs. Requires an immigration judge to:
Prescribes treatment for any UAC who intends to make a claim of asylum or fear of persecution.
Prescribes procedures for expedited due process for a UAC present in the United States, including due process protections, among them protective HHS custody.
Requires the HHS Secretary and the DHS Secretary to exchange specified information with regard to placement of a UAC.
Requires regular inspections of HHS facilities for the care and custody of UACs.
Prescribes requirements, especially for nongovernmental sponsors, in connection with the custody of UACs in a formal removal proceeding. Prohibits the HHS Secretary from placing a UAC in the custody of an individual convicted of a sex offense or a crime involving a severe form of trafficking in persons. Requires related biometric criminal background checks.
Makes it unlawful for a person to obtain custody of a UAC by fraudulent representations.
Requires DHS or HHS to notify the governor of a state within 48 hours before placing a UAC in the care of a facility or sponsor in the state. Requires HHS to monitor regularly and frequently the physical and emotional well-being of each UAC discharged to a sponsor or remaining in HHS custody until resolution of the child's immigration case.
Directs the Attorney General (DOJ) to designate up to 100 immigration judges to conduct expedited inspection and screening of UACs.
Requires the HHS Secretary to report to Congress on the care of UACs.
Directs the Secretary of State to carry out in-country processing of refugee applications in El Salvador, Guatemala, or Honduras.
Requires the President to certify annually whether the government of each of these countries: (1) is actively working to reduce the number of UACs from that country attempting to migrate illegally to the United States; (2) is cooperating with the United States to facilitate the repatriation of UACs removed from the United States and returned to their countries; and (2) has negotiated or is actively negotiating an agreement for the repatriation of UACs.
Prescribes requirements for treatment and deportation of aliens associated with criminal gangs, especially the expedited removal of dangerous criminals, terrorists, and gang members.
Authorizes DHS to: (1) hire 350 ICE detention officers that comprise 50 Fugitive Operations Teams responsible for identifying, locating, and arresting fugitive aliens; and (2) increase by at least 5,000 the number of detention beds available for aliens placed in removal proceedings, including beds available for family units.
Prohibits the use of federal funds or resources to issue a new directive, memorandum, or executive order providing for relief from removal or work authorization to a class of individuals not otherwise eligible for it under the Immigration and Nationality Act, including expanding deferred action for childhood arrivals.
Requires the Secretary of Agriculture and the Secretary of the Interior, for the federal lands under their jurisdictions, to authorize and grant CBP personnel immediate access to such lands for specified security activities, conducted in a manner that will best protect natural and cultural resources.
Directs the Administrator of the Federal Emergency Management Agency (FEMA) to make grants to state and local governments in Border Patrol Sectors on the along the U.S.-Mexican border for costs related to enhancing law enforcement preparedness, humanitarian responses, and operational readiness along the southern border through Operation Stonegarden.
Makes it a crime to: (1) transmit (spot) to another person the location, movement, or activities of law enforcement agents with the intent to further a federal crime relating to immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls; and (2) destroy, alter, or damage any physical or electronic device used by the federal government to control the border or any port of entry.
Prohibits the carrying or use of a firearm in an alien smuggling crime.
Prohibits an individual acting for financial gain from directing or participating in an effort to bring or attempt to bring three or more persons unlawfully into the United States. Prescribes criminal penalties, including enhanced penalties for certain violations.
Directs the DHS Secretary to implement a strategy to deter and interdict human smuggling across the international land and maritime borders of the United States.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2743 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2743
Making supplemental appropriations for the fiscal year ending September
30, 2014, for border security, law enforcement, humanitarian
assistance, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2014
Mr. Cornyn (for himself, Mr. Grassley, Mr. McConnell, Mr. Flake, Mr.
Coats, Mr. Isakson, Mr. Alexander, Mr. Chambliss, Mr. Barrasso, and Mr.
Cochran) introduced the following bill; which was read twice and
referred to the Committee on Appropriations
_______________________________________________________________________
A BILL
Making supplemental appropriations for the fiscal year ending September
30, 2014, for border security, law enforcement, humanitarian
assistance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2014, and for
other purposes, namely:
DIVISION A--SUPPLEMENTAL APPROPRIATIONS
TITLE I
DEPARTMENTS OF COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
Department of Justice
general administration
administrative review and appeals
For an additional amount for ``Administrative Review and Appeals'',
$63,200,000, to remain available until September 30, 2015, as follows:
(1) $54,000,000 for the Executive Office for Immigration
Review to hire 54 Immigration Judge Teams, which shall be
trained and assigned to adjudicate juvenile cases.
(2) $6,700,000 for the Executive Office for Immigration
Review for the purchase of video teleconferencing equipment,
digital audio recording devices, and other technology that will
enable expanded immigration courtroom capacity and capability.
(3) $2,500,000 for the Executive Office for Immigration
Review's Legal Orientation Program, of which not less than
$1,000,000 shall be for the Legal Orientation Program for
Custodians:
Provided, That not later than 15 days after the date of
enactment of this Act, the Executive Office for Immigration
Review shall submit a reorganization plan to the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives that includes
detailed plans for prioritizing the adjudication of non-
detained, unaccompanied alien children and specific plans to
reassign Immigration Judge Teams to expedite the adjudication
of juveniles on the non-detained docket:
Provided further, That the submitted plan shall ensure that
juveniles will appear before an immigration judge for an
initial hearing not later than 10 days after the juvenile is
apprehended.
legal activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses, General Legal
Activities'', $1,100,000, for necessary expenses to respond to the
significant rise in unaccompanied children and adults with children at
the southwest border and related activities, to remain available until
September 30, 2014.
TITLE II
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
salaries and expenses
For an additional amount for ``Salaries and Expenses'' to cover
necessary expenses to respond to the significant rise in unaccompanied
alien children and adults with children at the Southwest border and
related activities, including the acquisition, construction,
improvement, repair, and management of facilities, and for necessary
expenses related to border security, $71,000,000, to remain available
until September 30, 2015.
U.S. Immigration and Customs Enforcement
salaries and expenses
For an additional amount for ``Salaries and Expenses'' to cover
necessary expenses to respond to the significant rise in unaccompanied
alien children and adults with children at the Southwest border and
related activities, and for the necessary expenses for enforcement of
immigration and customs law, detention and removals of adults with
children crossing the border unlawfully, and investigations,
$398,000,000, to remain available until September 30, 2015, of which,
$50,000,000 shall be expended for 50 additional fugitive operations
teams and not less than $14,000,000 shall be expended for vetted units
operations in Central America and human smuggling and trafficking
investigations: Provided, That the Secretary of Homeland Security shall
support no fewer than an additional 3,000 family and 800 other beds and
substantially increase the availability and utilization of detention
space for adults with children.
general provisions
Sec. 201. (a) For an additional amount for meeting the data
collection and reporting requirements of this Act, $5,000,000.
(b) Notwithstanding section 503 of Division F of the Consolidated
Appropriations Act, 2014 (Public Law 113-76), funds made available
under subsection (a) for data collection and reporting requirements may
be transferred by the Secretary of Homeland Security between
appropriations for the same purpose.
(c) The Secretary may not make a transfer described in subsection
(b) until 15 days after notifying the Committee on Appropriations of
the Senate and the Committee on Appropriations of the House of
Representatives of such transfer.
TITLE III
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES
Department of Health and Human Services
administration for children and families
refugee and entrant assistance
(including transfer of funds)
For an additional amount for ``Refugee and Entrant Assistance'',
$150,000,000, to be merged with and available for the same period and
purposes as funds appropriated in Public Law 113-76 ``for carrying out
such sections 414, 501, 462, and 235'': Provided, That funds
appropriated under this heading may also be used for other medical
response expenses of the Department of Health and Human Services in
assisting individuals identified under subsection (b) of such section
235: Provided further, That, the Secretary may, in this fiscal year
and hereafter, accept and use money, funds, property, and services of
any kind made available by gift, devise, bequest, grant, or other
donation for carrying out such sections: Provided further, That funds
appropriated under this heading for medical response expenses may be
transferred to and merged with the ``Public Health and Social Services
Emergency Fund'': Provided further, That transfer authority under this
heading is subject to the regular notification procedures of the
Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives.
general provisions
(rescission)
Sec. 301. Of the funds made available for performance bonus
payments under section 2105(a)(3)(E) of the Social Security Act (42
U.S.C. 1397ee(a)(3)(E)), $1,700,000,000 is rescinded.
TITLE IV
GENERAL PROVISIONS--THIS TITLE
Repatriation and Reintegration
Sec. 401. (a) Of the funds appropriated in titles III and IV of
division K of Public Law 113-76, and in prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, for assistance for the countries in Central America,
up to $40,000,000 shall be made available for such countries for
repatriation and reintegration activities: Provided, That funds made
available pursuant to this section may be obligated notwithstanding
subsections (c) and (e) of section 7045 of division K of Public Law
113-76.
(b) Prior to the initial obligation of funds made available
pursuant to this section, but not later than 15 days after the date of
enactment of this Act, and every 90 days thereafter until September 30,
2015, the Secretary of State, in consultation with the Administrator of
the United States Agency for International Development, shall submit to
the appropriate congressional committees a report on the obligation of
funds made available pursuant to this section by country and the steps
taken by the government of each country to--
(1) improve border security;
(2) enforce laws and policies to stem the flow of illegal
entries into the United States;
(3) enact laws and implement new policies to stem the flow
of illegal entries into the United States, including increasing
penalties for human smuggling;
(4) conduct public outreach campaigns to explain the
dangers of the journey to the Southwest Border of the United
States and to emphasize the lack of immigration benefits
available; and
(5) cooperate with United States Federal agencies to
facilitate and expedite the return, repatriation, and
reintegration of illegal migrants arriving at the Southwest
Border of the United States.
(c) The Secretary of State shall suspend assistance provided
pursuant to this section to the government of a country if such
government is not making significant progress on each item described in
paragraphs (1) through (5) of subsection (b): Provided, That assistance
may only be resumed if the Secretary reports to the appropriate
congressional committees that subsequent to the suspension of
assistance such government is making significant progress on each of
the items enumerated in such subsection.
(d) Funds made available pursuant to this section shall be subject
to the regular notification procedures of the Committee on
Appropriations of the Senate and the Committee on Appropriations of
House of Representatives and the Senate.
TITLE V
general provisions--this act
Sec. 501. Not later than 30 days after the date of the enactment
of this Act, the Attorney General, working in coordination with the
Secretary of Homeland Security and the Secretary of Health and Human
Services, shall institute a process for collecting, exchanging, and
sharing specific data pertaining to individuals whose cases will be
adjudicated by the Executive Office for Immigration Review that ensures
that--
(1) the Department of Justice is capable of electronically
receiving information from the Department of Homeland Security
and the Department of Health and Human Services related to the
apprehension, processing, detention, placement, and
adjudication of such individuals, including unaccompanied alien
children;
(2) case files prepared by the Department of Homeland
Security after an individual has been issued a notice to appear
are electronically integrated with information collected by the
Department of Justice's Executive Office for Immigration Review
during the adjudication process;
(3) cases are coded to reflect immigration status and
appropriate categories at apprehension, such as unaccompanied
alien children and family units;
(4) information pertaining to cases and dockets are
collected and maintained by the Department of Justice in an
electronic, searchable database that includes--
(A) the status of the individual appearing before
the court upon apprehension;
(B) the docket upon which the case is placed;
(C) the individual's presence for court
proceedings;
(D) the final disposition of each case;
(E) the number of days each case remained on the
docket before final disposition; and
(F) any other information the Attorney General
determines to be necessary and appropriate; and
(5) the final disposition of an adjudication or an order of
removal is electronically submitted to--
(A) the Department of Homeland Security; and
(B) the Department of Health and Human Services, if
appropriate.
Sec. 502. Not later than 30 days after the date of enactment of
this Act, the Secretary of Homeland Security, working in coordination
with the Attorney General and the Secretary of Health and Human
Services, shall institute a process for collecting, exchanging, and
sharing specific data pertaining to individuals who are apprehended or
encountered for immigration enforcement purposes by the Department of
Homeland Security that ensures that--
(1) case files prepared by the Department of Homeland
Security after an individual has been issued a notice to appear
are electronically transmitted to--
(A) the Department of Justice's Executive Office
for Immigration Review for integration with case files
prepared during the adjudication process; and
(B) to the Department of Health and Human Services,
as appropriate, if the files relate to unaccompanied
alien children;
(2) the Department of Homeland Security is capable of
electronically receiving information pertaining to the
disposition of an adjudication, including removal orders and
the individual's failure to appear for proceedings, from the
Department of Justice's Executive Office for Immigration
Review; and
(3) information is collected and shared with the Department
of Justice regarding the immigration status and appropriate
categories of such individuals at the time of apprehension,
such as--
(A) unaccompanied alien children or family units;
(B) the location of their apprehension;
(C) the number of days they remain in the custody
of the Department of Homeland Security;
(D) the reason for releasing the individual from
custody;
(E) the geographic location of their residence, if
released from custody;
(F) any action taken by the Department of Homeland
Security after receiving information from the
Department of Justice regarding an individual's failure
to appear before the court;
(G) any action taken by the Department of Homeland
Security after receiving information from the
Department of Justice regarding the disposition of an
adjudication; and
(H) any other information that the Secretary of
Homeland Security determines to be necessary and
appropriate.
Sec. 503. Not later than 30 days after the date of the enactment
of this Act, the Secretary of Health and Human Services, working in
coordination with the Attorney General and the Secretary of Homeland
Security, shall institute a process for collecting, exchanging, and
sharing specific data pertaining to unaccompanied alien children that
ensures that--
(1) the Department of Health and Human Services is capable
of electronically receiving information from the Department of
Homeland Security and the Department of Justice related to the
apprehension, processing, placement, and adjudication of
unaccompanied alien children;
(2) the Department of Health and Human Services shares
information with the Department of Homeland Security regarding
its capacity and capability to meet the 72-hour mandate
required under section 235(b)(3) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(b)(3)); and
(3) information is collected and shared with the Department
of Justice and the Department of Homeland Security regarding--
(A) the number of days a child remained in the
custody of the Department of Health and Human Services;
(B) whether the child was placed in a facility
operated by the Department of Defense;
(C) for children placed with a sponsor--
(i) the number of children placed with the
sponsor;
(ii) the relationship of the sponsor taking
custody of the child;
(iii) the type of background check
conducted on the potential sponsor; and
(iv) the geographic location of the
sponsor; and
(D) any other information the Attorney General or
the Secretary of Homeland Security determines to be
necessary and appropriate.
Sec. 504. The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall be
determined by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this Act, submitted for printing in
the Congressional Record by the Chairman of the Senate Budget
Committee, provided that such statement has been submitted prior to the
vote on passage.
Sec. 505. This Act may be cited as the ``Protecting Children and
America's Homeland Act of 2014''.
DIVISION B--UNACCOMPANIED ALIEN CHILDREN AND BORDER SECURITY
TITLE X--UNACCOMPANIED ALIEN CHILDREN
Subtitle A--Protection and Due Process for Unaccompanied Alien Children
SEC. 1001. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
Section 235(a) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended--
(1) in paragraph (2)--
(A) by amending the paragraph heading to read as
follows: ``Rules for unaccompanied alien children.--'';
(B) in subparagraph (A), in the matter preceding
clause (i), by striking ``who is a national or habitual
resident of a country that is contiguous with the
United States''; and
(C) in subparagraph (C)--
(i) by amending the subparagraph heading to
read as follows: ``Agreements with foreign
countries.--''; and
(ii) in the matter preceding clause (i), by
striking ``countries contiguous to the United
States'' and inserting ``Canada, El Salvador,
Guatemala, Honduras, Mexico, and any other
foreign country that the Secretary determines
appropriate'';
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively;
(3) inserting after paragraph (2) the following:
``(3) Mandatory expedited removal of criminals and gang
members.--Notwithstanding any other provision of law, the
Secretary of Homeland Security shall place an unaccompanied
alien child in a proceeding in accordance with section 235 of
the Immigration and Nationality Act (8 U.S.C. 1225a) if, the
Secretary determines or has reason to believe the alien--
``(A) has been convicted of any offense carrying a
maximum term of imprisonment of more than 180 days;
``(B) has been convicted of an offense which
involved--
``(i) domestic violence (as defined in
section 40002(a) of the Violence Against Women
Act of 1994 (42 U.S.C. 13925(a)));
``(ii) child abuse and neglect (as defined
in section 40002(a) of the Violence Against
Women Act of 1994 (42 U.S.C. 13925(a)));
``(iii) assault resulting in bodily injury
(as defined in section 2266 of title 18, United
States Code);
``(iv) the violation of a protection order
(as defined in section 2266 of title 18, United
States Code);
``(v) driving while intoxicated (as defined
in section 164 of title 23, United States
Code); or
``(vi) any offense under foreign law,
except for a purely political offense, which,
if the offense had been committed in the United
States, would render the alien inadmissible
under section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a));
``(C) has been convicted of more than 1 criminal
offense (other than minor traffic offenses);
``(D) has engaged in, is engaged in, or is likely
to engage after entry in any terrorist activity (as
defined in section 212(a)(3)(B)(iii) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))), or
intends to participate or has participated in the
activities of a foreign terrorist organization (as
designated under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189));
``(E) is or was a member of a criminal gang (as
defined in paragraph (53) of section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)));
``(F) provided materially false, fictitious, or
fraudulent information regarding age or identity to the
United States Government with the intent to wrongfully
be classified as an unaccompanied alien child; or
``(G) has entered the United States more than 1
time in violation of section 275(a) of the Immigration
and Nationality Act (8 U.S.C. 1325(a)), knowing that
the entry was unlawful.''; and
(4) in subparagraph (D) of paragraph (6), as redesignated
by paragraph (2)--
(A) by amending the subparagraph heading to read as
follows: ``Expedited due process and screening for
unaccompanied alien children.--'';
(B) in the matter preceding clause (i), by striking
``, except for an unaccompanied alien child from a
contiguous country subject to the exceptions under
subsection (a)(2), shall be--'' and inserting ``who
meets the criteria listed in paragraph (2)(A)--'';
(C) by striking clause (i) and inserting the
following:
``(i) shall be placed in a proceeding in
accordance with section 235B of the Immigration
and Nationality Act, which shall commence not
later than 7 days after the screening of an
unaccompanied alien child described in
paragraph (4);'';
(D) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively;
(E) by inserting after clause (i) the following:
``(ii) may not be placed in the custody of
a nongovernmental sponsor or otherwise released
from the immediate custody of the United States
Government until the child is repatriated
unless the child--
``(I) is the subject of an order
under section 235B(e)(1) of the
Immigration and Nationality Act; and
``(II) is placed or released in
accordance with subsection (c)(2)(C) of
this section.'';
(F) in clause (iii), as redesignated, by inserting
``is'' before ``eligible''; and
(G) in clause (iv), as redesignated, by inserting
``shall be'' before ``provided''.
SEC. 1002. EXPEDITED DUE PROCESS AND SCREENING FOR UNACCOMPANIED ALIEN
CHILDREN.
(a) Humane and Expedited Inspection and Screening for Unaccompanied
Alien Children.--
(1) In general.--Chapter 4 of title II of the Immigration
and Nationality Act (8 U.S.C. 1221 et seq.) is amended by
inserting after section 235A the following:
``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING FOR
UNACCOMPANIED ALIEN CHILDREN.
``(a) Asylum Officer Defined.--In this section, the term `asylum
officer' means an immigration officer who--
``(1) has had professional training in country conditions,
asylum law, and interview techniques comparable to that
provided to full-time adjudicators of applications under
section 208; and
``(2) is supervised by an officer who--
``(A) meets the condition described in paragraph
(1); and
``(B) has had substantial experience adjudicating
asylum applications.
``(b) Proceeding.--
``(1) In general.--Not later than 7 days after the
screening of an unaccompanied alien child under section
235(a)(5) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(5)),
an immigration judge shall conduct and conclude a proceeding to
inspect, screen, and determine the status of the unaccompanied
alien child who is an applicant for admission to the United
States.
``(2) Time limit.--Not later than 72 hours after the
conclusion of a proceeding with respect to an unaccompanied
alien child under this section, the immigration judge who
conducted such proceeding shall issue an order pursuant to
subsection (e).
``(c) Conduct of Proceeding.--
``(1) Authority of immigration judge.--The immigration
judge conducting a proceeding under this section--
``(A) shall administer oaths, receive evidence, and
interrogate, examine, and cross-examine the
unaccompanied alien child and any witnesses;
``(B) may issue subpoenas for the attendance of
witnesses and presentation of evidence;
``(C) is authorized to sanction by civil money
penalty any action (or inaction) in contempt of the
judge's proper exercise of authority under this Act;
and
``(D) shall determine whether the unaccompanied
alien child meets any of the criteria set out in
subparagraphs (A) through (G) of paragraph (3) of
section 235(a) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(a)), and if so, order the alien removed
under subsection (e)(2) of this section.
``(2) Form of proceeding.--A proceeding under this section
may take place--
``(A) in person;
``(B) at a location agreed to by the parties, in
the absence of the unaccompanied alien child;
``(C) through video conference; or
``(D) through telephone conference.
``(3) Presence of alien.--If it is impracticable by reason
of the mental incompetency of the unaccompanied alien child for
the alien to be present at the proceeding, the Attorney General
shall prescribe safeguards to protect the rights and privileges
of the alien.
``(4) Rights of the alien.--In a proceeding under this
section--
``(A) the unaccompanied alien child shall be given
the privilege of being represented, at no expense to
the Government, by counsel of the alien's choosing who
is authorized to practice in the proceedings;
``(B) the alien shall be given a reasonable
opportunity--
``(i) to examine the evidence against the
alien;
``(ii) to present evidence on the alien's
own behalf; and
``(iii) to cross-examine witnesses
presented by the Government;
``(C) the rights set forth in subparagraph (B)
shall not entitle the alien--
``(i) to examine such national security
information as the Government may proffer in
opposition to the alien's admission to the
United States; or
``(ii) to an application by the alien for
discretionary relief under this Act; and
``(D) a complete record shall be kept of all
testimony and evidence produced at the proceeding.
``(5) Withdrawal of application for admission.--An
unaccompanied alien child applying for admission to the United
States may, and at any time prior to the issuance of a final
order of removal, be permitted to withdraw the application and
immediately be returned to the alien's country of nationality
or country of last habitual residence.
``(6) Consequences of failure to appear.--An unaccompanied
alien child who does not attend a proceeding under this
section, shall be ordered removed, except under exceptional
circumstances where the alien's absence is the fault of the
Government, a medical emergency, or an act of nature.
``(d) Decision and Burden of Proof.--
``(1) Decision.--
``(A) In general.--At the conclusion of a
proceeding under this section, the immigration judge
shall determine whether an unaccompanied alien child is
likely to be--
``(i) admissible to the United States; or
``(ii) eligible for any form of relief from
removal under this Act.
``(B) Evidence.--The determination of the
immigration judge under subparagraph (A) shall be based
only on the evidence produced at the hearing.
``(2) Burden of proof.--
``(A) In general.--In a proceeding under this
section, an unaccompanied alien child who is an
applicant for admission has the burden of establishing,
by a preponderance of the evidence, that the alien--
``(i) is likely to be entitled to be
lawfully admitted to the United States or
eligible for any form of relief from removal
under this Act; or
``(ii) is lawfully present in the United
States pursuant to a prior admission.
``(B) Access to documents.--In meeting the burden
of proof under subparagraph (A)(ii), the alien shall be
given access to--
``(i) the alien's visa or other entry
document, if any; and
``(ii) any other records and documents, not
considered by the Attorney General to be
confidential, pertaining to the alien's
admission or presence in the United States.
``(e) Orders.--
``(1) Placement in further proceedings.--If an immigration
judge determines that the unaccompanied alien child has met the
burden of proof under subsection (d)(2), the immigration judge
shall--
``(A) order the alien to be placed in further
proceedings in accordance with section 240; and
``(B) order the Secretary of Homeland Security to
place the alien on the U.S. Immigration and Customs
Enforcement detained docket for purposes of carrying
out such proceedings.
``(2) Orders of removal.--If an immigration judge
determines that the unaccompanied alien child has not met the
burden of proof required under subsection (d)(2), the judge
shall order the alien removed from the United States without
further hearing or review unless the alien claims--
``(A) an intention to apply for asylum under
section 208; or
``(B) a fear of persecution.
``(3) Claims for asylum.--If an unaccompanied alien child
described in paragraph (2) claims an intention to apply for
asylum under section 208 or a fear of persecution, the
immigration judge shall order the alien referred for an
interview by an asylum officer under subsection (f).
``(f) Asylum Interviews.--
``(1) Credible fear of persecution defined.--In this
subsection, the term `credible fear of persecution' means,
after taking into account the credibility of the statements
made by an unaccompanied alien child in support of the alien's
claim and such other facts as are known to the asylum officer,
there is a significant possibility that the alien could
establish eligibility for asylum under section 208.
``(2) Conduct by asylum officer.--An asylum officer shall
conduct the interviews of an unaccompanied alien child referred
under subsection (e)(3).
``(3) Referral of certain aliens.--If the asylum officer
determines at the time of the interview that an unaccompanied
alien child has a credible fear of persecution, the alien shall
be held in the custody of the Secretary of Health and Human
Services pursuant to section 235(b) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(b)) during further consideration of the application
for asylum.
``(4) Removal without further review if no credible fear of
persecution.--
``(A) In general.--Subject to subparagraph (C), if
the asylum officer determines that an unaccompanied
alien child does not have a credible fear of
persecution, the asylum officer shall order the alien
removed from the United States without further hearing
or review.
``(B) Record of determination.--The asylum officer
shall prepare a written record of a determination under
subparagraph (A), which shall include--
``(i) a summary of the material facts as
stated by the alien;
``(ii) such additional facts (if any)
relied upon by the asylum officer;
``(iii) the asylum officer's analysis of
why, in light of such facts, the alien has not
established a credible fear of persecution; and
``(iv) a copy of the asylum officer's
interview notes.
``(C) Review of determination.--
``(i) Rulemaking.--The Attorney General
shall establish, by regulation, a process by
which an immigration judge will conduct a
prompt review, upon the alien's request, of a
determination under subparagraph (A) that the
alien does not have a credible fear of
persecution.
``(ii) Mandatory components.--The review
described in clause (i)--
``(I) shall include an opportunity
for the alien to be heard and
questioned by the immigration judge,
either in person or by telephonic or
video connection; and
``(II) shall be concluded as
expeditiously as possible, to the
maximum extent practicable within 24
hours, but in no case later than 7 days
after the date of the determination
under subparagraph (A).
``(D) Mandatory protective custody.--Any alien
subject to the procedures under this paragraph shall be
held in the custody of the Secretary of Health and
Human Services pursuant to section 235(b) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(b))--
``(i) pending a final determination of an
application for asylum under this subsection;
and
``(ii) after a determination under this
subsection that the alien does not have a
credible fear of persecution, until the alien
is removed.
``(g) Limitation on Administrative Review.--
``(1) In general.--Except as provided in subsection
(f)(4)(C) and paragraph (2), a removal order entered in
accordance with subsection (e)(2) or (f)(4)(A) is not subject
to administrative appeal.
``(2) Rulemaking.--The Attorney General shall establish, by
regulation, a process for the prompt review of an order under
subsection (e)(2) against an alien who claims under oath, or as
permitted under penalty of perjury under section 1746 of title
28, United States Code, after having been warned of the penal
ties for falsely making such claim under such conditions to
have been--
``(A) lawfully admitted for permanent residence;
``(B) admitted as a refugee under section 207; or
``(C) granted asylum under section 208.
``(h) Last In, First Out.--In any proceedings, determinations, or
removals under this section, priority shall be accorded to the alien
who has most recently arrived in the United States.''.
(2) Clerical amendment.--The table of contents in the first
section of the Immigration and Nationality Act is amended by
inserting after the item relating to section 235A the
following:
``Sec. 235B. Humane and expedited inspection and screening for
unaccompanied alien children.''.
(b) Judicial Review of Orders of Removal.--Section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section
235(b)(1))'' and inserting ``section 235(b)(1) or an
order of removal issued to an unaccompanied alien child
after proceedings under section 235B''; and
(B) in paragraph (2)--
(i) by inserting ``or section 235B'' after
``section 235(b)(1)'' each place it appears;
and
(ii) in subparagraph (A)--
(I) in the subparagraph heading, by
inserting ``or 235b'' after ``section
235(b)(1)''; and
(II) in clause (iii), by striking
``section 235(b)(1)(B),'' and inserting
``section 235(b)(1)(B) or 235B(f);'';
and
(2) in subsection (e)--
(A) in the subsection heading, by inserting ``or
235B'' after ``Section 235(b)(1)'';
(B) by inserting ``or section 235B'' after
``section 235(b)(1)'' each place it appears;
(C) in subparagraph (2)(C), by inserting ``or
section 235B(g)'' after ``section 235(b)(1)(C)''; and
(D) in subparagraph (3)(A), by inserting ``or
section 235B'' after ``section 235(b)''.
SEC. 1003. EXPEDITED DUE PROCESS FOR UNACCOMPANIED ALIEN CHILDREN
PRESENT IN THE UNITED STATES.
(a) Special Motions for Unaccompanied Alien Children.--
(1) Filing authorized.--During the 60-day period beginning
on the date of the enactment of this Act, the Secretary of
Homeland Security shall, notwithstanding any other provision of
law, permit an unaccompanied alien child who was issued a
notice to appear under section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229) during the period beginning on
January 1, 2013, and ending on the date of the enactment of
this Act--
(A) to appear, in-person, before an immigration
judge who has been authorized by the Attorney General
to conduct proceedings under section 235B of the
Immigration and Nationality Act, as added by section
1002;
(B) to attest that the unaccompanied alien child
desires to apply for admission to the United States;
and
(C) to file a motion--
(i) to replace any notice to appear issued
between January 1, 2013, and the date of the
enactment of this Act under such section 239
that has not resulted in a final order of
removal; and
(ii) to apply for admission to the United
States by being placed in proceedings under
such section 235B.
(2) Adjudication of motion.--An immigration judge may, at
the sole and unreviewable discretion of the judge, grant a
motion filed under paragraph (1)(C) upon a finding that--
(A) the petitioner was an unaccompanied alien child
(as defined in section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of
2008 (8 U.S.C. 1232)) on the date on which a notice to
appear was issued to the alien under section 239 of the
Immigration and Nationality Act (8 U.S.C. 1229);
(B) the notice to appear was issued during the
period beginning on January 1, 2013, and ending on the
date of the enactment of this Act;
(C) the unaccompanied alien child is applying for
admission to the United States; and
(D) the granting of such motion would not be
manifestly unjust.
(3) Effect of motion.--Notwithstanding any other provision
of law, upon the granting of a motion to replace a notice to
appear under paragraph (2), the immigration judge who granted
such motion shall--
(A) while the petitioner remains in-person,
immediately inspect and screen the petitioner for
admission to the United States by conducting a
proceeding under section 235B of the Immigration and
Nationality Act, as added by section 1002;
(B) immediately notify the petitioner of the
petitioner's ability, under section 235B(c)(5) of the
Immigration and Nationality Act to withdraw the
petitioner's application for admission to the United
States and immediately be returned to the petitioner's
country of nationality or country of last habitual
residence; and
(C) replace the petitioner's notice to appear with
an order under section 235B(e) of the Immigration and
Nationality Act.
(4) Protective custody.--An unaccompanied alien child who
has been granted a motion under paragraph (2) shall be held in
the custody of the Secretary of Health and Human Services
pursuant to section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232).
SEC. 1004. CHILD WELFARE AND LAW ENFORCEMENT INFORMATION SHARING.
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.--
``(A) Immigration status.--If the Secretary of
Health and Human Services considers placement of an
unaccompanied alien child with a potential sponsor, the
Secretary of Homeland Security shall provide to the
Secretary of Health and Human Services the immigration
status of such potential sponsor prior to the placement
of the unaccompanied alien child.
``(B) Other information.--The Secretary of Health
and Human Services shall provide to the Secretary of
Homeland Security and the Attorney General any relevant
information related to an unaccompanied alien child 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. 1005. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.
Section 235(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)), as amended
by section 1004, is further amended by inserting at the end the
following:
``(6) Inspection of facilities.--The Inspector General of
the Department of Health and Human Services shall conduct
regular inspections of facilities utilized by the Secretary of
Health and Human Services to provide care and custody of an
unaccompanied alien children who are in the immediate custody
of the Secretary to ensure that such facilities are operated in
the most efficient manner practicable.
``(7) Facility operations costs.--The Secretary of Health
and Human Services shall ensure that facilities utilized to
provide care and custody of unaccompanied alien children are
operated efficiently and at a rate of cost that is not greater
than $500 per day for each child housed or detained at such
facility, unless the Secretary certifies that compliance with
this requirement is temporarily impossible due to emergency
circumstances.''.
SEC. 1006. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN IN FORMAL REMOVAL
PROCEEDING.
Section 235(c) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amended--
(1) in paragraph (2) by inserting at the end the following:
``(C) Children in formal removal proceedings.--
``(i) Limitation on placement.--An
unaccompanied alien child who has been placed
in a proceeding under section 240 of the
Immigration and Nationality Act (8 U.S.C.
1229a) may not be placed in the custody of a
nongovernmental sponsor or otherwise released
from the immediate custody of the United States
Government unless--
``(I) the nongovernmental sponsor
is a biological or adoptive parent of
the unaccompanied alien child;
``(II) the parent is legally
present in the United States at the
time of the placement;
``(III) the parent has undergone a
mandatory biometric criminal history
check; and
``(IV) the Secretary of Health and
Human Services has determined that the
unaccompanied alien child is not a
danger to self, danger to the
community, or risk of flight.
``(ii) Exceptions.--If the Secretary of
Health and Human Services determines that an
unaccompanied alien child is a victim of severe
forms of trafficking in persons (as defined in
section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102)), a
special needs child with a disability (as
defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)), a
child who has been a victim of physical or
sexual abuse under circumstances that indicate
that the child's health or welfare has been
significantly harmed or threatened, or a child
with mental health needs that require ongoing
assistance from a social welfare agency, the
unaccompanied alien child may be placed with a
grandparent or adult sibling if the grandparent
or adult sibling meets the requirements set out
in subclauses (II), (III), and (IV) of clause
(i).
``(iii) Monitoring.--
``(I) In general.--An unaccompanied
alien child who is 15, 16, or 17 years
of age placed with a nongovernmental
sponsor or, in the case of an
unaccompanied alien child younger than
15 years of age placed with a
nongovernmental sponsor, such
nongovernmental sponsor shall--
``(aa) enroll in the
alternative to detention
program of U.S. Immigration and
Customs Enforcement; and
``(bb) continuously wear an
electronic ankle monitor while
the unaccompanied alien child
is in removal proceedings.
``(II) Penalty for monitor
tampering.--If an electronic ankle
monitor required by subclause (I) is
tampered with, the sponsor of the
unaccompanied alien child shall be
subject to a civil penalty of $150 for
each day the monitor is not functioning
due to the tampering, up to a maximum
of $3,000.
``(iv) Effect of violation of conditions.--
The Secretary of Health and Human Services
shall remove an unaccompanied alien child from
a sponsor if the sponsor violates the terms of
the agreement specifying the conditions under
which the alien was placed with the sponsor.
``(v) Failure to appear.--
``(I) Civil penalty.--If an
unaccompanied alien child is placed
with a sponsor and fails to appear in a
mandatory court appearance, the sponsor
shall be subject to a civil penalty of
$250 for each day until the alien
appears in court, up to a maximum of
$5,000.
``(II) Burden of proof.--The
sponsor is not subject to the penalty
imposed under subclause (I) if the
sponsor--
``(aa) appears in person
and proves to the immigration
court that the failure to
appear by the unaccompanied
alien child was not the fault
of the sponsor; and
``(bb) supplies the
immigration court with
documentary evidence that
supports the assertion
described in item (aa).
``(vi) Prohibition on placement with sex
offenders and human traffickers.--The Secretary
of Health and Human Services may not place an
unaccompanied alien child under this
subparagraph in the custody of an individual
who has been convicted of, or the Secretary has
reason to believe was otherwise involved in the
commission of--
``(I) a sex offense (as defined in
section 111 of the Sex Offender
Registration and Notification Act (42
U.S.C. 16911)); or
``(II) a crime involving severe
forms of trafficking in persons (as
defined in section 103 of the
Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102)).
``(vii) Requirements of criminal background
check.--A biometric criminal history check
required by clause (i)(IV) shall be conducted
using a set of fingerprints or other biometric
identifier through--
``(I) the Federal Bureau of
Investigation;
``(II) criminal history
repositories of all States that the
individual lists as current or former
residences; and
``(III) any other State or Federal
database or repository that the
Secretary of Health and Human Services
determines is appropriate.''.
SEC. 1007. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY OF
UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1041. Fraud in connection with the transfer of custody of
unaccompanied alien children
``(a) In General.--It shall be unlawful for a person to obtain
custody of an unaccompanied alien child (as defined in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) by--
``(1) making any materially false, fictitious, or
fraudulent statement or representation; or
``(2) making or using any false writing or document knowing
the same to contain any materially false, fictitious, or
fraudulent statement or entry.
``(b) Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, this section shall be fined under this
title and imprisoned for not less than 1 year.
``(2) Enhanced penalty for trafficking.--If the primary
purpose of the violation, attempted violation, or conspiracy to
violate this section was to subject the child to sexually
explicit activity or any other form of exploitation, the
offender shall be fined under this title and imprisoned for not
less than 15 years.''.
(b) Clerical Amendment.--The table of sections for chapter 47 of
title 18, United States Code, is amended by inserting after the item
relating to section 1040 the following:
``1041. Fraud in connection with the transfer of custody of
unaccompanied alien children.''.
SEC. 1008. NOTIFICATION OF STATES, REPORTING, AND MONITORING.
(a) Notification.--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) Notification to States.--
``(1) Prior to placement.--The Secretary of Homeland
Security or the Secretary of Health and Human Services shall
notify the Governor of a State not later than 48 hours prior to
the placement of an unaccompanied alien child from in custody
of such Secretary in the care of a facility or sponsor in such
State.
``(2) Initial reports.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Health and
Human Services shall submit a report to the Governor of each
State in which an unaccompanied alien child was discharged to a
sponsor or placed in a facility while remaining in the legal
custody of the Secretary during the period beginning October 1,
2013 and ending on the date of the enactment of the Protecting
Children and America's Homeland Act of 2014.
``(3) Monthly reports.--The Secretary of Health and Human
Services shall submit a monthly report to the Governor of each
State in which, during the reporting period, unaccompanied
alien children were discharged to a sponsor or placed in a
facility while remaining in the legal custody of the Secretary
of Health and Human Services.
``(4) Contents.--Each report required to be submitted to
the Governor of a State by paragraph (2) or (3) shall identify
the number of unaccompanied alien children placed in the State
during the reporting period, disaggregated by--
``(A) the locality in which the aliens were placed;
and
``(B) the age of the aliens.''.
(b) Monitoring Requirement.--The Secretary of Health and Human
Services shall--
(1) require all sponsors to agree--
(A) to receive approval from the Secretary of
Health and Human Services prior to changing the
location in which the sponsor is housing an
unaccompanied alien child placed in the sponsor's
custody; and
(B) to provide a current address for the child and
the reason for the change of address;
(2) provide regular and frequent monitoring of the physical
and emotional well-being of each unaccompanied alien child who
has been discharged to a sponsor or remained in the legal
custody of the Secretary until the child's immigration case is
resolved; and
(3) not later than 60 days after the date of the enactment
of this Act, provide to Congress a plan for implementing the
requirement of paragraph (2).
SEC. 1009. EMERGENCY IMMIGRATION JUDGE RESOURCES.
(a) Designation.--Not later than 14 days after the date of the
enactment of this Act, the Attorney General shall designate up to 100
immigration judges, including through the temporary or permanent hiring
of retired immigration judges, magistrate judges, or administrative law
judges, or the reassignment of current immigration judges, that are
dedicated to--
(1) conducting humane and expedited inspection and
screening for unaccompanied alien children under section 235B
of the Immigration and Nationality Act, as added by section
1002; or
(2) reducing existing backlogs in immigration court
proceedings initiated under section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229).
(b) Requirement.--The Attorney General shall ensure that sufficient
immigration judge resources are dedicated to the purpose described in
subsection (a)(1) to comply with the requirement under section
235B(b)(1) of the Immigration and Nationality Act, as added by section
1002.
SEC. 1010. REPORTS TO CONGRESS.
(a) Reports on Care of Unaccompanied Alien Child.--Not later than
December 31, 2014, and September 30, 2015, the Secretary of Health and
Human Services shall submit to Congress and make publically available a
report that includes--
(1) a detailed summary of the contracts in effect to care
for and house unaccompanied alien children, including the names
and locations of contractors and the facilities being used;
(2) the cost per day to care for and house an unaccompanied
alien child, including an explanation of such cost;
(3) the number of unaccompanied alien children who have
been released to a sponsor, if any;
(4) a list of the States to which unaccompanied alien
children have been released from the custody of the Secretary
of Health and Human Services to the care of a sponsor or
placement in a facility;
(5) the number of unaccompanied alien children who have
been released to a sponsor who is not lawfully present in the
United States, including the country of nationality or last
habitual residence and age of such children;
(6) a determination of whether more than 1 unaccompanied
alien child has been released to the same sponsor, including
the number of children who were released to such sponsor;
(7) an assessment of the extent to which the Secretary of
Health and Human Services is monitoring the release of
unaccompanied alien children, including home studies done and
ankle bracelets or other devices used;
(8) an assessment of the extent to which the Secretary of
Health and Human Services is making efforts--
(A) to educate unaccompanied alien children about
their legal rights; and
(B) to provide unaccompanied alien children with
access to pro bono counsel; and
(9) the extent of the public health issues of unaccompanied
alien children, including contagious diseases, the benefits or
medical services provided, and the outreach to States and
localities about public health issues, that could affect the
public.
(b) Reports on Repatriation Agreements.--Not later than February
31, 2015, and August 31, 2015, the Secretary of State shall submit to
Congress and make publically available a report that--
(1) describes--
(A) any repatriation agreement for unaccompanied
alien children in effect and a copy of such agreement;
and
(B) any such repatriation agreement that is being
considered or negotiated; and
(2) describes the funding provided to the 20 countries that
have the highest number of nationals entering the United States
as unaccompanied alien children, including amounts provided--
(A) to deter the nationals of each country from
illegally entering the United States; and
(B) to care for or reintegrate repatriated
unaccompanied alien children in the country of
nationality or last habitual residence.
(c) Reports on Returns to Country of Nationality.--Not later than
December 31, 2014, and September 30, 2015, the Secretary of Homeland
Security shall submit to Congress and make publically available a
report that describes--
(1) the number of unaccompanied alien children who have
voluntarily returned to their country of nationality or
habitual residence, disaggregated by--
(A) country of nationality or habitual residence;
and
(B) age of the unaccompanied alien children;
(2) the number of unaccompanied alien children who have
been returned to their country of nationality or habitual
residence, including assessment of the length of time such
children were present in the United States;
(3) the number of unaccompanied alien children who have not
been returned to their country of nationality or habitual
residence pending travel documents or other requirements from
such country, including how long they have been waiting to
return; and
(4) the number of unaccompanied alien children who were
granted relief in the United States, whether through asylum or
any other immigration benefit.
(d) Reports on Immigration Proceedings.--Not later than September
30, 2015, and once every 3 months thereafter, the Director of the
Executive Office for Immigration Review shall submit to Congress and
make publically available a report that describes--
(1) the number of unaccompanied alien children who, after
proceedings under section 235B of the Immigration and
Nationality Act, as added by section 1002, were returned to
their country of nationality or habitual residence,
disaggregated by--
(A) country of nationality or residence; and
(B) age and gender of such aliens;
(2) the number of unaccompanied alien children who, after
proceedings under such section 235B, prove a claim of
admissibility and are place in proceedings under section 240 of
the Immigration and Nationality Act (8 U.S.C. 1229a);
(3) the number of unaccompanied alien children who fail to
appear at a removal hearing that such alien was required to
attend;
(4) the number of sponsors who were levied a penalty,
including the amount and whether the penalty was collected, for
the failure of an unaccompanied alien child to appear at a
removal hearing; and
(5) the number of aliens that are classified as
unaccompanied alien children, the ages and countries of
nationality of such children, and the orders issued by the
immigration judge at the conclusion of proceedings under such
section 235B for such children.
Subtitle B--Cooperation With Countries of Nationality of Unaccompanied
Alien Children
SEC. 1021. IN-COUNTRY REFUGEE PROCESSING.
(a) Findings.--Congress makes the following findings:
(1) Consistent with section 101(a)(42)(B) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(B)) and
section 207(e) of such Act (8 U.S.C. 1157(e)), special
circumstances currently exist due to grave humanitarian
concerns throughout the travel, and attempts to travel, to the
United States by unaccompanied children sufficient to justify
and require, for fiscal years 2014 and 2015, the allowance of
processing of in-country refugee applications in El Salvador,
Guatemala, and Honduras in order to prevent such children from
undertaking the long and dangerous journey across Central
America and Mexico.
(2) Grave humanitarian concerns exist due to--
(A) at least 60,000 unaccompanied children having
undertaken the long and dangerous journey to the United
States from Central America in fiscal year 2014 alone;
(B) substantial reports of unaccompanied children
becoming, during the course of their journey intended
for the United States, victims of--
(i) significant injury, including loss of
limbs;
(ii) severe forms of violence;
(iii) death due to accident and intentional
killing;
(iv) severe forms of human trafficking;
(v) kidnap for ransom; and
(vi) sexual assault and rape; and
(C) the likelihood that the vast majority of the
unaccompanied children seeking admission or immigration
relief, including through application as a refugee or
claims of asylum, do not qualify for such admission or
relief, and therefore will be repatriated.
(3) While special circumstances currently exist to justify
in-country refugee application processing for El Salvador,
Guatemala, and Honduras, it is appropriate to determine the
admissibility of individuals applying for refugee status from
those countries according to current law and granting
administrative relief in instances in which refugee or asylum
applications are denied, or are expected to be denied, would
exacerbate the grave humanitarian concerns described in
paragraph (2) by further encouraging attempts at migration.
(b) Authority for In-Country Refugee Processing.--Notwithstanding
section 101(a)(42)(B) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(42)(B)), for fiscal years 2014 and 2015, the Secretary of
State, in consultation with the Secretary of Homeland Security and the
Director of the Office of Refugee Resettlement of the Department of
Health and Human Services, shall process an application for refugee
status--
(1) for an alien who is a national of El Salvador,
Guatemala, or Honduras and is located in such country; or
(2) in the case of an alien having no nationality, for an
alien who is habitually residing in such country and is located
in such country.
(c) Rule of Construction.--Nothing in this section may be construed
as a grant of immigration benefit or relief, nor as a change to
existing law regarding the eligibility for any individual for such
benefit or relief, other than to the extent refugee applications shall
be permitted in-country in accordance with this section.
SEC. 1022. REFUGEE ADMISSIONS FROM CERTAIN COUNTRIES.
Notwithstanding any other provision of law, the President, in
determining the number of refugees who may be admitted under section
207(a) of the Immigration and Nationality Act (8 U.S.C. 1157(a))--
(1) for fiscal year 2014, may--
(A) allocate the unallocated reserve refugee number
set out in the Presidential Memorandum on Refugee
Admissions for Fiscal Year 2014 issued on October 2,
2013, to admit refugees from Central America; and
(B) allocate any unused admissions allocated to a
particular region for Central American refugee
admissions; and
(2) for fiscal year 2015, shall include Central America
among the regional allocations included in the Presidential
determination for refugee admissions that fiscal year.
SEC. 1023. FOREIGN GOVERNMENT COOPERATION IN REPATRIATION OF
UNACCOMPANIED ALIEN CHILDREN.
(a) Certification.--
(1) In general.--Subject to paragraph (2), on the date that
is 60 days after the date of the enactment of this Act, and
annually thereafter, the President shall make a certification
of whether the Government of El Salvador, Guatemala, or
Honduras--
(A) is actively working to reduce the number of
unaccompanied alien children from that country who are
attempting to migrate northward in order to illegally
enter the United States;
(B) is cooperating with the Government of the
United States to facilitate the repatriation of
unaccompanied alien children who are removed from the
United States and returned to their country of
nationality or habitual residence; and
(C) has negotiated or is actively negotiating an
agreement under section 235(a)(2)(C) of the William
Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(a)(2)(C)),
as amended by section 1001.
(2) Interim certification.--If prior to the date an annual
certification is required by paragraph (1) the President
determines the most recent such certification for the
Government of El Salvador, Guatemala, or Honduras is no longer
accurate, the President may make an accurate certification for
that country prior to such date.
(b) Limitation on Assistance.--The Federal Government may not
provide any assistance (other than security assistance) to El Salvador,
Guatemala, or Honduras unless in the most recent certification for that
country under subsection (a) is that the Government of El Salvador,
Guatemala, or Honduras, respectively, meets the requirements of
subparagraphs (A), (B), and (C) of subsection (a)(1).
TITLE XI--CRIMINAL ALIENS
SEC. 1101. ALIEN GANG MEMBERS.
(a) Definition.--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--
``(i)(I) that has as 1 of its primary purposes the
commission of 1 or more of the criminal offenses
described in subparagraph (B); and
``(II) the members of which engage, or have engaged
within the past 5 years, in a continuing series of
offenses described in subparagraph (B); or
``(ii) that has been designated as a criminal gang
under section 220 by the Secretary of Homeland
Security, in consultation with the Attorney General, or
the Secretary of State.
``(B) The offenses described in this subparagraph, 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 the Protecting Children and
America's Homeland Act of 2014, 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).
``(C) Notwithstanding any other provision of law (including
any effective date), the term `criminal gang' 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 the Immigration and
Nationality 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) is or has been a member of a criminal
gang; or
``(ii) has participated in the activities
of a criminal gang 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; or
``(ii) has participated in the activities
of a criminal gang 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:
``SEC. 220. DESIGNATION OF CRIMINAL GANGS.
``(a) In General.--The Secretary of Homeland Security, in
consultation with the Attorney General, or the Secretary of State may
designate a group or association as a criminal 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 nationals of the United States or the national security,
homeland security, foreign policy, or economy of the United States.
``(b) Effective Date.--A designation made 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 in the first
section of the Immigration and Nationality Act is amended by
inserting after the item relating to section 219 the following:
``220. Designation of criminal gangs.''.
(e) Mandatory Detention of Criminal 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 striking ``section 212(a)(3)(B)'' and
inserting ``paragraph (2)(J) or (3)(B) of section
212(a)''; and
(B) by striking ``237(a)(4)(B),'' and inserting
``paragraph (2)(G) or (4)(B) of section 237(a),''.
(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
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives 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. 1231(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 the
Immigration and Nationality 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 gangs);
or''.
(g) Temporary Protected Status.--Section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (c)(2)(B)--
(A) in clause (i), by striking ``States, or'' and
inserting ``States;'';
(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.''; 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 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. 1102. MANDATORY EXPEDITED REMOVAL OF DANGEROUS CRIMINALS,
TERRORISTS, AND GANG MEMBERS.
(a) In General.--Notwithstanding any other provision of law, an
immigration officer who finds an alien described in subsection (b) at a
land border or port of entry of the United States and determines that
such alien is inadmissible under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) shall treat such alien in accordance with section
235 of the Immigration and Nationality Act (8 U.S.C. 1225).
(b) Threats to Public Safety.--An alien described in this
subsection is an alien who the Secretary of Homeland Security
determines, or has reason to believe--
(1) has been convicted of any offense carrying a maximum
term of imprisonment of more than 180 days;
(2) has been convicted of an offense which involved--
(A) domestic violence (as defined in section
40002(a) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(a)));
(B) child abuse and neglect (as defined in section
40002(a) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(a)));
(C) assault resulting in bodily injury (as defined
in section 2266 of title 18, United States Code);
(D) the violation of a protection order (as defined
in section 2266 of title 18, United States Code);
(E) driving while intoxicated (as defined in
section 164 of title 23, United States Code); or
(F) any offense under foreign law, except for a
purely political offense, which, if the offense had
been committed in the United States, would render the
alien inadmissible under section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a));
(3) has been convicted of more than 1 criminal offense
(other than minor traffic offenses);
(4) has engaged in, is engaged in, or is likely to engage
after entry in any terrorist activity (as defined in section
212(a)(3)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iii))), or intends to participate or has
participated in the activities of a foreign terrorist
organization (as designated under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189));
(5) is or was a member of a criminal street gang (as
defined in paragraph (53) of section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)), as added by section
1101(a)); or
(6) has entered the United States more than 1 time in
violation of section 275(a) of the Immigration and Nationality
Act (8 U.S.C. 1325(a)), knowing that the entry was unlawful.
SEC. 1103. FUGITIVE OPERATIONS.
The Secretary of Homeland Security is authorized to hire 350 U.S.
Immigration and Customs Enforcement detention officers that comprise 50
Fugitive Operations Teams responsible for identifying, locating, and
arresting fugitive aliens.
SEC. 1104. ADDITIONAL DETENTION CAPACITY FOR FAMILY UNITS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Homeland Security shall increase the number of
detention beds available for aliens placed in removal proceedings under
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by not less
than 5,000, including such detention beds available for family units.
TITLE XII--BORDER SECURITY
SEC. 1201. REDUCING INCENTIVES FOR ILLEGAL IMMIGRATION.
No Federal funds or resources may be used to issue a new directive,
memorandum, or Executive order that provides for relief from removal or
work authorization to a class of individuals who are not otherwise
eligible for such relief under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) or such work authorization, including expanding
deferred action for childhood arrivals.
SEC. 1202. BORDER SECURITY ON CERTAIN FEDERAL LANDS.
(a) Definitions.--In this section:
(1) Federal lands.--The term ``Federal lands'' includes all
land under the control of the Secretary concerned that is
located within the Southwest border region in the State of
Arizona along the international border between the United
States and Mexico.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior.
(b) Support for Border Security Needs.--To achieve effective
control of Federal lands--
(1) the Secretary concerned, notwithstanding any other
provision of law, shall authorize and provide U.S. Customs and
Border Protection personnel with immediate access to Federal
lands for security activities, including--
(A) routine motorized patrols; and
(B) the deployment of communications, surveillance,
and detection equipment;
(2) the security activities described in paragraph (1)
shall be conducted, to the maximum extent practicable, in a
manner that the Secretary determines will best protect the
natural and cultural resources on Federal lands; and
(3) the Secretary concerned may provide education and
training to U.S. Customs and Border Protection personnel on the
natural and cultural resources present on individual Federal
land units.
(c) Programmatic Environmental Impact Statement.--
(1) In general.--After implementing subsection (b), the
Secretary, in consultation with the Secretaries concerned,
shall prepare and publish in the Federal Register a notice of
intent to prepare a programmatic environmental impact statement
in accordance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) to analyze the impacts of the
activities described in subsection (b).
(2) Effect on processing application and special use
permits.--The pending completion of a programmatic
environmental impact statement under this section shall not
result in any delay in the processing or approving of
applications or special use permits by the Secretaries
concerned for the activities described in subsection (b).
(3) Amendment of land use plans.--The Secretaries concerned
shall amend any land use plans, as appropriate, upon completion
of the programmatic environmental impact statement described in
paragraph (1).
(4) Scope of programmatic environmental impact statement.--
The programmatic environmental impact statement described in
paragraph (1)--
(A) may be used to advise the Secretary of Homeland
Security on the impact on natural and cultural
resources on Federal lands; and
(B) shall not control, delay, or restrict actions
by the Secretary of Homeland Security to achieve
effective control on Federal lands.
(d) Intermingled State and Private Land.--This section shall not
apply to any private or State-owned land within the boundaries of
Federal lands.
SEC. 1203. STATE AND LOCAL ASSISTANCE TO ALLEVIATE HUMANITARIAN CRISIS.
(a) State and Local Assistance.--The Administrator of the Federal
Emergency Management Agency shall enhance law enforcement preparedness,
humanitarian responses, and operational readiness along the
international border between the United States and Mexico through
Operation Stonegarden.
(b) Grants and Reimbursements.--
(1) In general.--Amounts made available to carry out this
section shall be allocated for grants and reimbursements to
State and local governments in Border Patrol Sectors on the
along the international border between the United States and
Mexico for--
(A) costs personnel, overtime, and travel;
(B) costs related to combating illegal immigration
and drug smuggling; and
(C) costs related to providing humanitarian relief
to unaccompanied alien children and family units who
have entered the United States.
(2) Funding for state and local governments.--Allocations
for grants and reimbursements to State and local governments
under this paragraph shall be made by the Administrator of the
Federal Emergency Management Agency through a competitive
process.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal years 2014 and 2015 such sums as may be
necessary to carry out this section.
SEC. 1204. PREVENTING ORGANIZED SMUGGLING.
(a) Unlawfully Hindering Immigration, Border, or Customs
Controls.--
(1) Amendment to title 18, united states code.--
(A) In general.--Chapter 27 of title 18, United
States Code, is amended by adding at the end the
following:
``Sec. 556. Unlawfully hindering immigration, border, or customs
controls
``(a) Illicit Spotting.--Any person who knowingly transmits to
another person the location, movement, or activities of any Federal,
State, or tribal law enforcement agency with the intent to further a
Federal crime relating to United States immigration, customs,
importation of controlled substances, agriculture products, or monetary
instruments, or other border controls shall be fined under this title,
imprisoned not more than 10 years, or both.
``(b) Destruction of United States Border Controls.--Any person who
knowingly and without lawful authorization destroys, alters, or damages
any fence, barrier, sensor, camera, or other physical or electronic
device deployed by the Federal Government to control the international
border of the United States or a port of entry, or otherwise seeks to
construct, excavate, or make any structure intended to defeat,
circumvent or evade any such fence, barrier, sensor camera, or other
physical or electronic device deployed by the Federal Government to
control the international border of the United States or a port of
entry--
``(1) shall be fined under this title, imprisoned not more
than 10 years, or both; and
``(2) if, at the time of the offense, the person uses or
carries a firearm or, in furtherance of any such crime,
possesses a firearm, shall be fined under this title,
imprisoned not more than 20 years, or both.
``(c) Conspiracy and Attempt.--Any person who attempts or conspires
to violate subsection (a) or (b) shall be punished in the same manner
as a person who completes a violation of such subsection.''.
(B) Clerical amendment.--The table of sections for
chapter 27 of title 18, United States Code, is amended
by inserting after the item relating to section 555 the
following:
``556. Unlawfully hindering immigration, border, or customs
controls.''.
(2) Prohibiting carrying or use of a firearm during and in
relation to an alien smuggling crime.--Section 924(c) of title
18, United States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``,
alien smuggling crime,'' after ``crime of
violence'' each place such term appears; and
(ii) in subparagraph (D)(ii), by inserting
``, alien smuggling crime,'' after ``crime of
violence''; and
(B) by adding at the end the following:
``(6) For purposes of this subsection, the term `alien
smuggling crime' means any felony punishable under section
274(a), 277, or 278 of the Immigration and Nationality Act (8
U.S.C. 1324(a), 1327, and 1328).''.
(3) Statute of limitations.--Section 3298 of title 18,
United States Code, is amended by inserting ``556 (hindering
immigration, border, or customs controls), 1598 (organized
human smuggling),'' before ``1581''.
(b) Organized Human Smuggling.--
(1) Amendment to title 18, united states code.--Chapter 77
of title 18, United States Code, is amended by adding at the
end the following:
``Sec. 1598. Organized human smuggling
``(a) Prohibited Activities.--It shall be unlawful for any person,
while acting for profit or other financial gain, to knowingly direct or
participate in an effort or scheme to assist or cause 3 or more
persons--
``(1) to enter, attempt to enter, or prepare to enter the
United States--
``(A) by fraud, falsehood, or other corrupt means;
``(B) at any place other than a port or place of
entry designated by the Secretary of Homeland Security;
or
``(C) in a manner not prescribed by the immigration
laws and regulations of the United States;
``(2) to travel by air, land, or sea toward the United
States (whether directly or indirectly)--
``(A) knowing that the persons seek to enter or
attempt to enter the United States without lawful
authority; and
``(B) with the intent to aid or further such entry
or attempted entry; or
``(3) to be transported or moved outside of the United
States--
``(A) knowing that such persons are aliens in
unlawful transit from 1 country to another or on the
high seas; and
``(B) under circumstances in which the persons are
seeking to enter the United States without official
permission or legal authority.
``(b) Conspiracy and Attempt.--Any person who attempts or conspires
to violate subsection (a) shall be punished in the same manner as a
person who completes a violation of such subsection.
``(c) Base Penalty.--Except as provided in subsection (d), any
person who violates subsection (a) or (b) shall be fined under this
title, imprisoned for not more than 20 years, or both.
``(d) Enhanced Penalties.--Any person who violates subsection (a)
or (b)--
``(1) in the case of a violation causing a serious bodily
injury (as defined in section 1365) to any person, shall be
fined under this title, imprisoned for not more than 30 years,
or both;
``(2) in the case of a violation causing the life of any
person to be placed in jeopardy, shall be fined under this
title, imprisoned for not more than 30 years, or both;
``(3) in the case of a violation involving 10 or more
persons, shall be fined under this title, imprisoned for not
more than 30 years, or both;
``(4) in the case of a violation involving the bribery or
corruption of a United States or foreign government official,
shall be fined under this title, imprisoned for not more than
30 years, or both;
``(5) in the case of a violation involving robbery or
extortion (as such terms are defined in paragraph (1) or (2),
respectively, of section 1951(b)), shall be fined under this
title, imprisoned for not more than 30 years, or both;
``(6) in the case of a violation causing any person to be
subjected to an involuntary sexual act (as defined in section
2246(2)), shall be fined under this title, imprisoned for not
more than 30 years, or both;
``(7) in the case of a violation resulting in the death of
any person, shall be fined under this title, imprisoned for any
term of years or for life, or both;
``(8) in the case of a violation in which any alien is
confined or restrained, including by the taking of clothing,
goods, or personal identification documents, shall be fined
under this title, imprisoned for not more than 10 years, or
both; or
``(9) in the case of smuggling an unaccompanied alien child
(as defined in section 462(g)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 279(g)(2))), shall be fined under this title
or imprisoned not more than 20 years.
``(e) Definitions.--In this section:
``(1) Effort or scheme to assist or cause 3 or more
persons.--The term `effort or scheme to assist or cause 3 or
more persons' does not require that the 3 or more persons
enter, attempt to enter, prepare to enter, or travel at the
same time if such acts are completed during a 1-year period.
``(2) Lawful authority.--The term `lawful authority'--
``(A) means permission, authorization, or license
that is expressly provided for under the immigration
laws of the United States; and
``(B) does not include--
``(i) any authority described in
subparagraph (A) that was secured by fraud or
otherwise unlawfully obtained; or
``(ii) any authority that was sought, but
not approved.''.
(2) Clerical amendment.--The table of sections for chapter
77 of title 18, United States Code, is amended by inserting
after the item relating to section 1597 the following:
``1598. Organized human smuggling.''.
(c) Strategy To Combat Human Smuggling.--
(1) High traffic areas of human smuggling defined.--In this
subsection, the term ``high traffic areas of human smuggling''
means the United States ports of entry and areas between such
ports that have relatively high levels of human smuggling
activity, as measured by U.S. Customs and Border Protection.
(2) Implementation.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Homeland
Security shall implement a strategy to deter, detect, and
interdict human smuggling across the international land and
maritime borders of the United States.
(3) Components.--The strategy referred to in paragraph (2)
shall include--
(A) efforts to increase coordination between the
border and maritime security components of the
Department of Homeland Security;
(B) an identification of intelligence gaps impeding
the ability to deter, detect, and interdict human
smuggling across the international land and maritime
borders of the United States;
(C) efforts to increase information sharing with
State and local governments and other Federal agencies;
(D) efforts to provide, in coordination with the
Federal Law Enforcement Training Center, training for
the border and maritime security components of the
Department of Homeland Security to deter, detect, and
interdict human smuggling across the international land
and maritime borders of the United States; and
(E) the identification of the high traffic areas of
human smuggling.
(4) Report.--
(A) In general.--Not later than 6 months after the
date of the enactment of this Act, the Secretary of
Homeland Security shall submit a report that describes
the strategy to be implemented under paragraph (2),
including the components listed in paragraph (3), to--
(i) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(ii) the Committee on Homeland Security of
the House of Representatives.
(B) Form.--The Secretary may submit the report
required under subparagraph (A) in classified form if
the Secretary determines that such form is appropriate.
(5) Annual list of high traffic areas.--Not later than
February 1st of the first year beginning after the date of the
enactment of this Act, and annually thereafter, the Secretary
of Homeland Security shall submit a list of the high traffic
areas of human smuggling referred to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
<all>
Introduced in Senate
Read twice and referred to the Committee on Appropriations. (text of measure as introduced: CR S5224-5233)
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