Uniting and Securing America Act of 2018 or the USA Act of 2018
This bill provides conditional permanent resident status for an alien meeting specified requirements, including having entered the United States when younger than 18 years old and residing in the United States since December 31, 2013.
An individual may apply to have such conditional basis removed after meeting specified eligibility requirements.
The Department of Homeland Security (DHS) shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an individual who was granted Deferred Action for Childhood Arrivals (DACA) status, unless such individual has engaged in disqualifying conduct.
The bill repeals provisions that deny an unlawful alien eligibility for higher education benefits on the basis of residence within a state unless a U.S. citizen or national is eligible for such benefits without regard to whether such citizen or national is such a resident.
DHS shall: (1) deploy the most practical and effective technology available in order to achieve situational awareness and operational control along the U.S. border; (2) submit to Congress a comprehensive southern border strategy to achieve border control; and (3) begin eradicating the carrizo cane plant and salt cedar along the Rio Grande River.
DHS may construct new ports of entry along the northern and southern borders.
The bill establishes Operation Stonegarden in DHS to provide border security grants to law enforcement agencies in border or maritime border states that are involved in U.S. Customs and Border Protection operations
DHS shall establish a two-year grant program to improve emergency communications in the southern border region for individuals who are at risk of violence and lack cellular and LTE network service.
The number of immigration judges is increased.
The President shall designate a senior official to coordinate federal and international efforts to strengthen citizen security, the rule of law, and economic prosperity in Central America.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4796 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 4796
To provide relief from removal and adjustment of status of certain
individuals who are long-term United States residents and who entered
the United States before reaching the age of 18, improve border
security, foster United States engagement in Central America, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2018
Mr. Hurd (for himself, Mr. Aguilar, Mr. Upton, Ms. Ros-Lehtinen, Mr.
Dent, Mr. Amodei, Mr. Barton, Ms. Stefanik, Mr. Valadao, Mr. Faso, Mr.
Denham, Mr. Lance, Mr. Katko, Mr. Fitzpatrick, Mrs. Love, Mrs. Brooks
of Indiana, Miss Gonzalez-Colon of Puerto Rico, Mr. Newhouse, Mr.
Stivers, Mr. Shuster, Mr. Costello of Pennsylvania, Mr. King of New
York, Mr. Knight, Mr. Reichert, Mr. Flores, Mr. Bacon, Ms. Sewell of
Alabama, Mr. Welch, Ms. Clarke of New York, Ms. Roybal-Allard, Ms.
Michelle Lujan Grisham of New Mexico, Mr. O'Halleran, Mr. Crist, Mr.
Carbajal, Ms. Sinema, Ms. Rosen, Mr. Ruiz, Mr. Cuellar, Ms. Eddie
Bernice Johnson of Texas, Ms. Judy Chu of California, Mr. Peters, Mr.
Schneider, Ms. Lofgren, Mr. Gottheimer, Mrs. Bustos, Mr. Himes, Mr.
Polis, Mr. Richmond, Miss Rice of New York, and Ms. DelBene) introduced
the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committees on Homeland Security,
Education and the Workforce, Energy and Commerce, and Foreign Affairs,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To provide relief from removal and adjustment of status of certain
individuals who are long-term United States residents and who entered
the United States before reaching the age of 18, improve border
security, foster United States engagement in Central America, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Uniting and
Securing America Act of 2018'' or as the ``USA Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ADJUSTMENT OF STATUS FOR CERTAIN INDIVIDUALS WHO ENTERED THE
UNITED STATES AS CHILDREN
Sec. 101. Definitions.
Sec. 102. Permanent resident status on a conditional basis for certain
long-term residents who entered the United
States as children.
Sec. 103. Terms of permanent resident status on a conditional basis.
Sec. 104. Removal of conditional basis of permanent resident status.
Sec. 105. Documentation requirements.
Sec. 106. Rulemaking.
Sec. 107. Confidentiality of information.
Sec. 108. Restoration of State option to determine residency for
purposes of higher education benefits.
TITLE II--SECURE MILES WITH ALL RESOURCES AND TECHNOLOGY
Sec. 201. Definitions.
Subtitle A--Infrastructure and Equipment
Sec. 211. Strengthening the requirements for border security technology
along the southern border.
Sec. 212. Comprehensive southern border strategy.
Sec. 213. Control or eradication of carrizo cane and salt cedar.
Sec. 214. Air and Marine Operations flight hours.
Sec. 215. Ports of entry infrastructure.
Subtitle B--Grants
Sec. 221. Operation Stonegarden.
Sec. 222. Southern border region emergency communications grant.
TITLE III--REDUCING SIGNIFICANT DELAYS IN IMMIGRATION COURT
Sec. 301. Eliminate immigration court backlogs.
Sec. 302. Improved training for immigration judges and members of the
Board of Immigration Appeals.
Sec. 303. New technology to improve court efficiency.
TITLE IV--ADVANCING REFORMS IN CENTRAL AMERICA TO ADDRESS THE FACTORS
DRIVING MIGRATION
Sec. 401. Definitions.
Subtitle A--Effectively Coordinating United States Engagement in
Central America
Sec. 411. United States coordinator for engagement in Central America.
Subtitle B--Targeting Assistance to Appropriate Communities in the
Northern Triangle
Sec. 421. Targeting assistance to appropriate communities.
Subtitle C--Regional Millennium Challenge Corporation Compacts
Sec. 431. MCC compacts.
Subtitle D--United States Leadership for Engaging International Donors
and Partners
Sec. 441. Requirement for strategy to secure support of international
donors and partners.
TITLE I--ADJUSTMENT OF STATUS FOR CERTAIN INDIVIDUALS WHO ENTERED THE
UNITED STATES AS CHILDREN
SEC. 101. DEFINITIONS.
In this title:
(1) In general.--Except as otherwise specifically provided,
any term used in this title that is used in the immigration
laws shall have the meaning given such term in the immigration
laws.
(2) DACA.--The term ``DACA'' means deferred action granted
to an alien pursuant to the Deferred Action for Childhood
Arrivals program announced by President Obama on June 15, 2012.
(3) Disability.--The term ``disability'' has the meaning
given such term in section 3(1) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(1)).
(4) Early childhood education program.--The term ``early
childhood education program'' has the meaning given such term
in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(5) Elementary school; high school; secondary school.--The
terms ``elementary school'', ``high school'', and ``secondary
school'' have the meanings given such terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(6) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(7) Institution of higher education.--The term
``institution of higher education''--
(A) except as provided in subparagraph (B), has the
meaning given such term in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002); and
(B) does not include an institution of higher
education outside of the United States.
(8) Permanent resident status on a conditional basis.--The
term ``permanent resident status on a conditional basis'' means
status as an alien lawfully admitted for permanent residence on
a conditional basis under this title.
(9) Poverty line.--The term ``poverty line'' has the
meaning given such term in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902).
(10) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(11) Uniformed services.--The term ``Uniformed Services''
has the meaning given the term ``uniformed services'' in
section 101(a) of title 10, United States Code.
SEC. 102. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR CERTAIN
LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS
CHILDREN.
(a) Conditional Basis for Status.--Notwithstanding any other
provision of law, and except as provided in subsection (c)(2) of
section 104, an alien shall be considered, at the time of obtaining the
status of an alien lawfully admitted for permanent residence under this
section, to have obtained such status on a conditional basis subject to
the provisions under this title.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall cancel the removal of, and adjust to
the status of an alien lawfully admitted for permanent
residence on a conditional basis, or without such conditional
basis as provided in subsection (c)(2) of section 104, an alien
who is inadmissible or deportable from the United States or is
in temporary protected status under section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), if--
(A) the alien has been continuously physically
present in the United States since December 31, 2013;
(B) the alien was younger than 18 years of age on
the date on which the alien initially entered the
United States;
(C) subject to paragraphs (2) and (3), the alien--
(i) is not inadmissible under paragraph
(2), (3), (6)(E), (6)(G), (8), (10)(A),
(10)(C), or (10)(D) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C.
1182(a));
(ii) has not ordered, incited, assisted, or
otherwise participated in the persecution of
any person on account of race, religion,
nationality, membership in a particular social
group, or political opinion; and
(iii) other than an offense under State or
local law for which an essential element was
the alien's immigration status, a minor traffic
offense, or a violation of this title, has not
been convicted of--
(I) any offense under Federal or
State law punishable by a maximum term
of imprisonment of more than 1 year;
(II) any combination of offenses
under Federal or State law, for which
the alien was sentenced to imprisonment
for a total of more than 1 year; or
(III) a crime of domestic violence
(as such term is defined in section
237(a)(2)(E)(i) of the Immigration and
Nationality Act (8 U.S.C.
1227(a)(2)(E)(i))), unless--
(aa) the alien has filed an
application under section
101(a)(15)(T), 101(a)(15)(U),
106, or 240A(b)(2) of the
Immigration and Nationality Act
or section 244(a)(3) of such
Act (as in effect on March 31,
1997);
(bb) the alien is a VAWA
self-petitioner for immigration
relief, as defined in section
101(a)(51) of the Immigration
and Nationality Act;
(cc) the alien provides
evidence that the alien's crime
of domestic violence is related
to her or his having been a
victim herself or himself of
domestic violence, sexual
assault, stalking, child abuse
or neglect, elder abuse or
neglect, human trafficking,
having been battered or
subjected to extreme cruelty,
having been a victim of
criminal activity described in
section 101(a)(15)(U)(iii) of
the Immigration and Nationality
Act; or
(dd) the alien is a witness
involved in a pending criminal
or government agency
investigation or prosecution
related to the crime of
domestic violence; and
(D) the alien--
(i) has been admitted to an institution of
higher education;
(ii) has earned a high school diploma or a
commensurate alternative award from a public or
private high school, or has obtained a general
education development certificate recognized
under State law or a high school equivalency
diploma in the United States; or
(iii) is enrolled in secondary school or in
an education program assisting students in--
(I) obtaining a regular high school
diploma or its recognized equivalent
under State law; or
(II) in passing a general
educational development exam, a high
school equivalence diploma examination,
or other similar State-authorized exam.
(2) Waiver.--With respect to any benefit under this title,
the Secretary may waive subclauses (I), (II), and (III) of
subsection (b)(1)(C)(iii) of this section, and the grounds of
inadmissibility under paragraph (2), (6)(E), (6)(G), or (10)(D)
of section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)) for humanitarian purposes, family unity, or if
the waiver is otherwise in the public interest.
(3) Treatment of expunged convictions.--For purposes of
cancellation of removal, adjustment to permanent resident
status on a conditional basis, or other adjustment of status,
the term ``conviction'' does not include an adjudication or
judgment of guilt that has been dismissed, expunged, deferred,
annulled, invalidated, withheld, sealed, vacated, pardoned, an
order of probation without entry of judgment, or any similar
rehabilitative disposition.
(4) DACA recipients.--The Secretary shall cancel the
removal of, and adjust to the status of an alien lawfully
admitted for permanent residence on a conditional basis, an
alien who was granted DACA unless the alien has engaged in
conduct since the alien was granted DACA that would make the
alien ineligible for DACA.
(5) Application fee.--
(A) In general.--The Secretary shall require an
alien applying for permanent resident status on a
conditional basis under this section to pay a
reasonable fee that is commensurate with the cost of
processing the application.
(B) Exemption.--An applicant may be exempted from
paying the fee required under subparagraph (A) if the
alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent poverty
line; and
(III) is in foster care or otherwise
lacking any parental or other familial support;
(ii) is younger than 18 years of age and is
homeless;
(iii)(I) cannot care for himself or herself
because of a serious, chronic disability; and
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent of the
poverty line; or
(iv)(I) during the 12-month period
immediately preceding the date on which the
alien files an application under this section,
accumulated $10,000 or more in debt as a result
of unreimbursed medical expenses incurred by
the alien or an immediate family member of the
alien; and
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent of the
poverty line.
(6) Submission of biometric and biographic data.--The
Secretary may not grant an alien permanent resident status on a
conditional basis under this section unless the alien submits
biometric and biographic data, in accordance with procedures
established by the Secretary. The Secretary shall provide an
alternative procedure for aliens who are unable to provide such
biometric or biographic data because of a physical impairment.
(7) Background checks.--
(A) Requirement for background checks.--The
Secretary shall utilize biometric, biographic, and
other data that the Secretary determines appropriate--
(i) to conduct security and law enforcement
background checks of an alien seeking permanent
resident status on a conditional basis under
this section; and
(ii) to determine whether there is any
criminal, national security, or other factor
that would render the alien ineligible for such
status.
(B) Completion of background checks.--The security
and law enforcement background checks of an alien
required under subparagraph (A) shall be completed, to
the satisfaction of the Secretary, before the date on
which the Secretary grants such alien permanent
resident status on a conditional basis under this
section.
(8) Medical examination.--
(A) Requirement.--An alien applying for permanent
resident status on a conditional basis under this
section shall undergo a medical examination.
(B) Policies and procedures.--The Secretary, with
the concurrence of the Secretary of Health and Human
Services, shall prescribe policies and procedures for
the nature and timing of the examination required under
subparagraph (A).
(9) Military selective service.--An alien applying for
permanent resident status on a conditional basis under this
section shall establish that the alien has registered under the
Military Selective Service Act (50 U.S.C. 3801 et seq.), if the
alien is subject to registration under such Act.
(c) Determination of Continuous Presence.--
(1) Termination of continuous period.--Any period of
continuous physical presence in the United States of an alien
who applies for permanent resident status on a conditional
basis under this section shall not terminate when the alien is
served a notice to appear under section 239(a) of the
Immigration and Nationality Act (8 U.S.C. 1229(a)).
(2) Treatment of certain breaks in presence.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), an alien shall be considered
to have failed to maintain continuous physical presence
in the United States under subsection (b)(1)(A) if the
alien has departed from the United States for any
period exceeding 90 days or for any periods, in the
aggregate, exceeding 180 days.
(B) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in
subparagraph (A) for an alien who demonstrates that the
failure to timely return to the United States was due
to extenuating circumstances beyond the alien's
control, including the serious illness of the alien, or
death or serious illness of a parent, grandparent,
sibling, or child of the alien.
(C) Travel authorized by the secretary.--Any period
of travel outside of the United States by an alien that
was authorized by the Secretary may not be counted
toward any period of departure from the United States
under subparagraph (A).
(d) Limitation on Removal of Certain Aliens.--
(1) In general.--The Secretary or the Attorney General may
not remove an alien who appears prima facie eligible for relief
under this section.
(2) Aliens subject to removal.--The Secretary shall provide
a reasonable opportunity to apply for relief under this section
to any alien who requests such an opportunity or who appears
prima facie eligible for relief under this section if the alien
is in removal proceedings, is the subject of a final removal
order, or is the subject of a voluntary departure order.
(3) Certain aliens enrolled in elementary or secondary
school.--
(A) Stay of removal.--The Attorney General shall
stay the removal proceedings of an alien who--
(i) meets all the requirements under
subparagraphs (A), (B), and (C) of subsection
(b)(1), subject to paragraphs (2) and (3) of
such subsection;
(ii) is at least 5 years of age; and
(iii) is enrolled in an elementary school,
a secondary school, or an early childhood
education program.
(B) Commencement of removal proceedings.--The
Secretary may not commence removal proceedings for an
alien described in subparagraph (A).
(C) Employment.--An alien whose removal is stayed
pursuant to subparagraph (A) or who may not be placed
in removal proceedings pursuant to subparagraph (B)
shall, upon application to the Secretary, be granted an
employment authorization document.
(D) Lift of stay.--The Secretary or Attorney
General may not lift the stay granted to an alien under
subparagraph (A) unless the alien ceases to meet the
requirements under such subparagraph.
(e) Exemption From Numerical Limitations.--Nothing in this section
or in any other law may be construed to apply a numerical limitation on
the number of aliens who may be granted permanent resident status, on a
conditional basis or otherwise, under this title.
SEC. 103. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS.
(a) Period of Status.--Permanent resident status on a conditional
basis is--
(1) valid for a period of 8 years, unless such period is
extended by the Secretary; and
(2) subject to termination under subsection (c).
(b) Notice of Requirements.--At the time an alien obtains permanent
resident status on a conditional basis, the Secretary shall provide
notice to the alien regarding the provisions of this title and the
requirements to have the conditional basis of such status removed.
(c) Termination of Status.--The Secretary may terminate the
permanent resident status on a conditional basis of an alien only if
the Secretary--
(1) determines that the alien ceases to meet the
requirements under paragraph (1)(C) of section 102(b), subject
to paragraphs (2) and (3) of that section; and
(2) prior to the termination, provides the alien--
(A) notice of the proposed termination; and
(B) the opportunity for a hearing to provide
evidence that the alien meets such requirements or
otherwise contest the termination.
(d) Return to Previous Immigration Status.--
(1) In general.--Except as provided in paragraph (2), an
alien whose permanent resident status on a conditional basis
expires under subsection (a)(1) or is terminated under
subsection (c) or whose application for such status is denied
shall return to the immigration status that the alien had
immediately before receiving permanent resident status on a
conditional basis or applying for such status, as appropriate.
(2) Special rule for temporary protected status.--An alien
whose permanent resident status on a conditional basis expires
under subsection (a)(1) or is terminated under subsection (c)
or whose application for such status is denied and who had
temporary protected status under section 244 of the Immigration
and Nationality Act (8 U.S.C. 1254a) immediately before
receiving or applying for such permanent resident status on a
conditional basis, as appropriate, may not return to such
temporary protected status if--
(A) the relevant designation under section 244(b)
of the Immigration and Nationality Act (8 U.S.C.
1254a(b)) has been terminated; or
(B) the Secretary determines that the reason for
terminating the permanent resident status on a
conditional basis renders the alien ineligible for such
temporary protected status.
SEC. 104. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.
(a) Eligibility for Removal of Conditional Basis.--
(1) In general.--Subject to paragraph (2), the Secretary
shall remove the conditional basis of an alien's permanent
resident status granted under this title and grant the alien
status as an alien lawfully admitted for permanent residence if
the alien--
(A) is described in paragraph (1)(C) of section
102(b), subject to paragraphs (2) and (3) of that
section;
(B) has not abandoned the alien's residence in the
United States; and
(C)(i) has acquired a degree from an institution of
higher education or has completed at least 2 years, in
good standing, in a postsecondary vocational program or
in a program for a bachelor's degree or higher degree
in the United States;
(ii) has served in the Uniformed Services for at
least the period for which the alien was obligated to
serve on active duty and, if discharged, received an
honorable discharge; or
(iii) has been employed for periods totaling at
least 3 years and at least 80 percent of the time that
the alien has had a valid employment authorization,
except that any period during which the alien is not
employed while having a valid employment authorization
and is enrolled in an institution of higher education,
a secondary school, or an education program described
in section 3(b)(1)(D)(iii), shall not count toward the
time requirements under this clause.
(2) Hardship exception.--The Secretary shall remove the
conditional basis of an alien's permanent resident status and
grant the alien status as an alien lawfully admitted for
permanent residence if the alien--
(A) satisfies the requirements under subparagraphs
(A) and (B) of paragraph (1);
(B) demonstrates compelling circumstances for the
inability to satisfy the requirements under
subparagraph (C) of such paragraph; and
(C) demonstrates that--
(i) the alien has a disability;
(ii) the alien is a full-time caregiver of
a minor child; or
(iii) the removal of the alien from the
United States would result in extreme hardship
to the alien or the alien's spouse, parent, or
child who is a national of the United States or
is lawfully admitted for permanent residence.
(3) Citizenship requirement.--
(A) In general.--Except as provided in subparagraph
(B), the conditional basis of an alien's permanent
resident status granted under this title may not be
removed unless the alien demonstrates that the alien
satisfies the requirements under section 312(a) of the
Immigration and Nationality Act (8 U.S.C. 1423(a)).
(B) Exception.--Subparagraph (A) shall not apply to
an alien who is unable to meet the requirements under
such section 312(a) due to disability.
(4) Application fee.--
(A) In general.--The Secretary shall require aliens
applying for lawful permanent resident status under
this section to pay a reasonable fee that is
commensurate with the cost of processing the
application.
(B) Exemption.--An applicant may be exempted from
paying the fee required under subparagraph (A) if the
alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent of the
poverty line; and
(III) is in foster care or otherwise
lacking any parental or other familial support;
(ii) is younger than 18 years of age and is
homeless;
(iii)(I) cannot care for himself or herself
because of a serious, chronic disability; and
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent of the
poverty line; or
(iv)(I) during the 12-month period
immediately preceding the date on which the
alien files an application under this section,
the alien accumulated $10,000 or more in debt
as a result of unreimbursed medical expenses
incurred by the alien or an immediate family
member of the alien; and
(II) received total income, during the 12-
month period immediately preceding the date on
which the alien files an application under this
section, that is less than 150 percent of the
poverty line.
(5) Submission of biometric and biographic data.--The
Secretary may not remove the conditional basis of an alien's
permanent resident status unless the alien submits biometric
and biographic data, in accordance with procedures established
by the Secretary. The Secretary shall provide an alternative
procedure for applicants who are unable to provide such
biometric data because of a physical impairment.
(6) Background checks.--
(A) Requirement for background checks.--The
Secretary shall utilize biometric, biographic, and
other data that the Secretary determines appropriate--
(i) to conduct security and law enforcement
background checks of an alien applying for
removal of the conditional basis of the alien's
permanent resident status; and
(ii) to determine whether there is any
criminal, national security, or other factor
that would render the alien ineligible for
removal of such conditional basis.
(B) Completion of background checks.--The security
and law enforcement background checks of an alien
required under subparagraph (A) shall be completed, to
the satisfaction of the Secretary, before the date on
which the Secretary removes the conditional basis of
the alien's permanent resident status.
(b) Treatment for Purposes of Naturalization.--
(1) In general.--For purposes of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an
alien granted permanent resident status on a conditional basis
shall be considered to have been admitted to the United States,
and be present in the United States, as an alien lawfully
admitted for permanent residence.
(2) Limitation on application for naturalization.--An alien
may not apply for naturalization while the alien is in
permanent resident status on a conditional basis.
(c) Timing of Approval of Lawful Permanent Residence Status.--
(1) In general.--An alien granted lawful permanent
residence on a conditional basis under this title may apply to
have such conditional basis removed at any time after such
alien has met the eligibility requirements set forth in
subsection (a).
(2) Approval with regard to initial applications.--The
Secretary shall provide lawful permanent residence status
without conditional basis to any alien who demonstrates
eligibility for lawful permanent residence status on a
conditional basis under section 102, if such alien has already
fulfilled the requirements of subsection (a) at the time such
alien first submits an application for benefits under this
title.
SEC. 105. DOCUMENTATION REQUIREMENTS.
(a) Documents Establishing Identity.--An alien's application for
permanent resident status on a conditional basis may include, as proof
of identity--
(1) a passport or national identity document from the
alien's country of origin that includes the alien's name and
the alien's photograph or fingerprint;
(2) the alien's birth certificate and an identity card that
includes the alien's name and photograph;
(3) a school identification card that includes the alien's
name and photograph, and school records showing the alien's
name and that the alien is or was enrolled at the school;
(4) a Uniformed Services identification card issued by the
Department of Defense;
(5) any immigration or other document issued by the United
States Government bearing the alien's name and photograph; or
(6) a State-issued identification card bearing the alien's
name and photograph.
(b) Documents Establishing Continuous Physical Presence in the
United States.--To establish that an alien has been continuously
physically present in the United States, as required under section
102(b)(1)(A), or to establish that an alien has not abandoned residence
in the United States, as required under section 104(a)(1)(B), the alien
may submit documents to the Secretary, including--
(1) employment records that include the employer's name and
contact information;
(2) records from any educational institution the alien has
attended in the United States;
(3) records of service from the Uniformed Services;
(4) official records from a religious entity confirming the
alien's participation in a religious ceremony;
(5) passport entries;
(6) a birth certificate for a child who was born in the
United States;
(7) automobile license receipts or registration;
(8) deeds, mortgages, or rental agreement contracts;
(9) tax receipts;
(10) insurance policies;
(11) remittance records;
(12) rent receipts or utility bills bearing the alien's
name or the name of an immediate family member of the alien,
and the alien's address;
(13) copies of money order receipts for money sent in or
out of the United States;
(14) dated bank transactions; or
(15) two or more sworn affidavits from individuals who are
not related to the alien who have direct knowledge of the
alien's continuous physical presence in the United States, that
contain--
(A) the name, address, and telephone number of the
affiant; and
(B) the nature and duration of the relationship
between the affiant and the alien.
(c) Documents Establishing Initial Entry Into the United States.--
To establish under section 102(b)(1)(B) that an alien was younger than
18 years of age on the date on which the alien initially entered the
United States, an alien may submit documents to the Secretary,
including--
(1) an admission stamp on the alien's passport;
(2) records from any educational institution the alien has
attended in the United States;
(3) any document from the Department of Justice or the
Department of Homeland Security stating the alien's date of
entry into the United States;
(4) hospital or medical records showing medical treatment
or hospitalization, the name of the medical facility or
physician, and the date of the treatment or hospitalization;
(5) rent receipts or utility bills bearing the alien's name
or the name of an immediate family member of the alien, and the
alien's address;
(6) employment records that include the employer's name and
contact information;
(7) official records from a religious entity confirming the
alien's participation in a religious ceremony;
(8) a birth certificate for a child who was born in the
United States;
(9) automobile license receipts or registration;
(10) deeds, mortgages, or rental agreement contracts;
(11) tax receipts;
(12) travel records;
(13) copies of money order receipts sent in or out of the
country;
(14) dated bank transactions;
(15) remittance records; or
(16) insurance policies.
(d) Documents Establishing Admission to an Institution of Higher
Education.--To establish that an alien has been admitted to an
institution of higher education, the alien shall submit to the
Secretary a document from the institution of higher education
certifying that the alien--
(1) has been admitted to the institution; or
(2) is currently enrolled in the institution as a student.
(e) Documents Establishing Receipt of a Degree From an Institution
of Higher Education.--To establish that an alien has acquired a degree
from an institution of higher education in the United States, the alien
shall submit to the Secretary a diploma or other document from the
institution stating that the alien has received such a degree.
(f) Documents Establishing Receipt of High School Diploma, General
Educational Development Certificate, or a Recognized Equivalent.--To
establish that an alien has earned a high school diploma or a
commensurate alternative award from a public or private high school, or
has obtained a general educational development certificate recognized
under State law or a high school equivalency diploma in the United
States, the alien shall submit to the Secretary--
(1) a high school diploma, certificate of completion, or
other alternate award;
(2) a high school equivalency diploma or certificate
recognized under State law; or
(3) evidence that the alien passed a State-authorized exam,
including the general educational development exam, in the
United States.
(g) Documents Establishing Enrollment in an Educational Program.--
To establish that an alien is enrolled in any school or education
program described in section 102(b)(1)(D)(iii), 102(d)(3)(A)(iii), or
104(a)(1)(C), the alien shall submit school records from the United
States school that the alien is currently attending that include--
(1) the name of the school; and
(2) the alien's name, periods of attendance, and current
grade or educational level.
(h) Documents Establishing Exemption From Application Fees.--To
establish that an alien is exempt from an application fee under section
102(b)(5)(B) or 104(a)(4)(B), the alien shall submit to the Secretary
the following relevant documents:
(1) Documents to establish age.--To establish that an alien
meets an age requirement, the alien shall provide proof of
identity, as described in subsection (a), that establishes that
the alien is younger than 18 years of age.
(2) Documents to establish income.--To establish the
alien's income, the alien shall provide--
(A) employment records that have been maintained by
the Social Security Administration, the Internal
Revenue Service, or any other Federal, State, or local
government agency;
(B) bank records; or
(C) at least 2 sworn affidavits from individuals
who are not related to the alien and who have direct
knowledge of the alien's work and income that contain--
(i) the name, address, and telephone number
of the affiant; and
(ii) the nature and duration of the
relationship between the affiant and the alien.
(3) Documents to establish foster care, lack of familial
support, homelessness, or serious, chronic disability.--To
establish that the alien was in foster care, lacks parental or
familial support, is homeless, or has a serious, chronic
disability, the alien shall provide at least 2 sworn affidavits
from individuals who are not related to the alien and who have
direct knowledge of the circumstances that contain--
(A) a statement that the alien is in foster care,
otherwise lacks any parental or other familiar support,
is homeless, or has a serious, chronic disability, as
appropriate;
(B) the name, address, and telephone number of the
affiant; and
(C) the nature and duration of the relationship
between the affiant and the alien.
(4) Documents to establish unpaid medical expense.--To
establish that the alien has debt as a result of unreimbursed
medical expenses, the alien shall provide receipts or other
documentation from a medical provider that--
(A) bear the provider's name and address;
(B) bear the name of the individual receiving
treatment; and
(C) document that the alien has accumulated $10,000
or more in debt in the past 12 months as a result of
unreimbursed medical expenses incurred by the alien or
an immediate family member of the alien.
(i) Documents Establishing Qualification for Hardship Exemption.--
To establish that an alien satisfies one of the criteria for the
hardship exemption set forth in section 104(a)(2)(A)(iii), the alien
shall submit to the Secretary at least 2 sworn affidavits from
individuals who are not related to the alien and who have direct
knowledge of the circumstances that warrant the exemption, that
contain--
(1) the name, address, and telephone number of the affiant;
and
(2) the nature and duration of the relationship between the
affiant and the alien.
(j) Documents Establishing Service in the Uniformed Services.--To
establish that an alien has served in the Uniformed Services for at
least the period for which the alien was obligated to serve on active
duty and, if discharged, received an honorable discharge, the alien
shall submit to the Secretary--
(1) a Department of Defense form DD-214;
(2) a National Guard Report of Separation and Record of
Service form 22;
(3) personnel records for such service from the appropriate
Uniformed Service; or
(4) health records from the appropriate Uniformed Service.
(k) Documents Establishing Employment.--
(1) In general.--An alien may satisfy the employment
requirement under section 104(a)(1)(C)(iii) by submitting
records that--
(A) establish compliance with such employment
requirement; and
(B) have been maintained by the Social Security
Administration, the Internal Revenue Service, or any
other Federal, State, or local government agency.
(2) Other documents.--An alien who is unable to submit the
records described in paragraph (1) may satisfy the employment
requirement by submitting at least 2 types of reliable
documents that provide evidence of employment, including--
(A) bank records;
(B) business records;
(C) employer records;
(D) records of a labor union, day labor center, or
organization that assists workers in employment;
(E) sworn affidavits from individuals who are not
related to the alien and who have direct knowledge of
the alien's work, that contain--
(i) the name, address, and telephone number
of the affiant; and
(ii) the nature and duration of the
relationship between the affiant and the alien;
and
(F) remittance records.
(l) Authority To Prohibit Use of Certain Documents.--If the
Secretary determines, after publication in the Federal Register and an
opportunity for public comment, that any document or class of documents
does not reliably establish identity or that permanent resident status
on a conditional basis is being obtained fraudulently to an
unacceptable degree, the Secretary may prohibit or restrict the use of
such document or class of documents.
SEC. 106. RULEMAKING.
(a) Initial Publication.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall publish regulations
implementing this title in the Federal Register. Such regulations shall
allow eligible individuals to immediately apply affirmatively for the
relief available under section 102 without being placed in removal
proceedings.
(b) Interim Regulations.--Notwithstanding section 553 of title 5,
United States Code, the regulations published pursuant to subsection
(a) shall be effective, on an interim basis, immediately upon
publication in the Federal Register, but may be subject to change and
revision after public notice and opportunity for a period of public
comment.
(c) Final Regulations.--Not later than 180 days after the date on
which interim regulations are published under this section, the
Secretary shall publish final regulations implementing this title.
(d) Paperwork Reduction Act.--The requirements under chapter 35 of
title 44, United States Code (commonly known as the ``Paperwork
Reduction Act''), shall not apply to any action to implement this
title.
SEC. 107. CONFIDENTIALITY OF INFORMATION.
(a) In General.--The Secretary may not disclose or use information
provided in applications filed under this title or in requests for DACA
for the purpose of immigration enforcement.
(b) Referrals Prohibited.--The Secretary may not refer any
individual who has been granted permanent resident status on a
conditional basis or who was granted DACA to U.S. Immigration and
Customs Enforcement, U.S. Customs and Border Protection, or any
designee of either such entity.
(c) Limited Exception.--Notwithstanding subsections (a) and (b),
information provided in an application for permanent resident status on
a conditional basis or a request for DACA may be shared with Federal
security and law enforcement agencies--
(1) for assistance in the consideration of an application
for permanent resident status on a conditional basis;
(2) to identify or prevent fraudulent claims;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony not
related to immigration status.
(d) Penalty.--Any person who knowingly uses, publishes, or permits
information to be examined in violation of this section shall be fined
not more than $10,000.
SEC. 108. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR
PURPOSES OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall take
effect as if included in the original enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (division C
of Public Law 104-208; 110 Stat. 3009-546).
TITLE II--SECURE MILES WITH ALL RESOURCES AND TECHNOLOGY
SEC. 201. DEFINITIONS.
In this title:
(1) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(3) Situational awareness.--The term ``situational
awareness'' has the meaning given the term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328).
Subtitle A--Infrastructure and Equipment
SEC. 211. STRENGTHENING THE REQUIREMENTS FOR BORDER SECURITY TECHNOLOGY
ALONG THE SOUTHERN BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C.
1103 note) is amended--
(1) in subsection (a)--
(A) by inserting ``and border technology'' before
``in the vicinity of''; and
(B) by striking ``illegal crossings in areas of
high illegal entry into the United Sates'' and
inserting ``, impede, and detect illegal activity in
high traffic areas'';
(2) in subsection (c)(1), by inserting ``and, pursuant to
subsection (d), the installation, operation, and maintenance of
technology'' after ``barriers and roads''; and
(3) by adding at the end the following new subsections:
``(d) Installation, Operation, and Maintenance of Technology.--Not
later than January 20, 2021, the Secretary of Homeland Security, in
carrying out subsection (a), shall deploy the most practical and
effective technology available along the United States border for
achieving situational awareness and operational control of the border.
``(e) Definitions.--In this section:
``(1) High traffic areas.--The term `high traffic areas'
means sectors along the northern, southern, or coastal border
that--
``(A) are within the responsibility of U.S. Customs
and Border Protection; and
``(B) have significant unlawful cross-border
activity.
``(2) Operational control.--The term `operational control'
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
``(3) Situational awareness defined.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328).
``(4) Technology.--The term `technology' includes border
surveillance and detection technology, including--
``(A) radar surveillance systems;
``(B) Vehicle and Dismount Exploitation Radars
(VADER);
``(C) 3-dimensional, seismic acoustic detection and
ranging border tunneling detection technology;
``(D) sensors;
``(E) unmanned cameras;
``(F) man-portable and mobile vehicle-mounted
unmanned aerial vehicles; and
``(G) any other devices, tools, or systems found to
be more effective or advanced than those specified in
subparagraphs (A) through (F).''.
SEC. 212. COMPREHENSIVE SOUTHERN BORDER STRATEGY.
(a) Requirement.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
comprehensive southern border strategy.
(b) Contents.--The strategy submitted under subsection (a) shall
include--
(1) a list of known physical barriers, levees,
technologies, tools, and other devices that can be used to
achieve and maintain situational awareness and operational
control along the southern border;
(2) a projected per mile cost estimate for each physical
barrier, levee, technology, tool, and other device included on
the list required under paragraph (1);
(3) a detailed account of which type of physical barrier,
levee, technology, tool, or other device the Department of
Homeland Security believes is necessary to achieve and maintain
situational awareness and operational control for each linear
mile of the southern border;
(4) an explanation for why such physical barrier, levee,
technology, tool, or other device was chosen to achieve and
maintain situational awareness and operational control for each
linear mile of the southern border, including--
(A) the methodology used to determine which type of
physical barrier, levee, technology, tool, or other
device was chosen for such linear mile;
(B) an examination of existing manmade and natural
barriers for each linear mile of the southern border;
(C) the information collected and evaluated from--
(i) the appropriate U.S. Customs and Border
Protection Sector Chief;
(ii) the Joint Task Force Commander;
(iii) the appropriate State Governor;
(iv) tribal government officials;
(v) border county and city elected
officials;
(vi) local law enforcement officials;
(vii) private property owners;
(viii) local community groups, including
human rights organizations; and
(ix) other affected stakeholders; and
(D) a privacy evaluation conducted by the Privacy
Officer of the Department of Homeland Security, in
accordance with the responsibilities and authorities
under section 222 of the Homeland Security Act of 2002
(6 U.S.C. 142), for each such physical barrier, levee,
technology, tool, or other device;
(5) a per mile cost calculation for each linear mile of the
southern border given the type of physical barrier, levee,
technology, tool, or other device chosen to achieve and
maintain situational awareness and operational control for each
linear mile; and
(6) a cost justification for each time a more expensive
physical barrier, levee, technology, tool, or other device is
chosen over a less expensive option, as established by the per
mile cost estimates required in paragraph (2).
SEC. 213. CONTROL OR ERADICATION OF CARRIZO CANE AND SALT CEDAR.
Not later than January 20, 2019, the Secretary, after coordinating
with the heads of relevant Federal, State, and local agencies, shall
begin controlling or eradicating, as appropriate, the carrizo cane
plant and any salt cedar along the Rio Grande River.
SEC. 214. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Increased Flight Hours.--The Secretary shall ensure that not
fewer than 95,000 annual flight hours are executed by Air and Marine
Operations of U.S. Customs and Border Protection, with adequate
accountability and oversight, including strong privacy protections.
(b) Unmanned Aerial System.--The Secretary shall ensure that Air
and Marine Operations operate unmanned aerial systems for not less than
24 hours per day for not fewer than five days per week.
(c) Study and Report.--
(1) Study.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall commence a
comprehensive study to--
(A) identify deficiencies and opportunities for
improvement in the capability of Air and Marine
Operations to fulfill air and marine support
requirements for the U.S. Border Patrol and other
components of the Department of Homeland Security,
including support in critical source and transit zones;
(B) assess whether such requirements could better
be fulfilled through the realignment of Air and Marine
Operations as a directorate of the U.S. Border Patrol;
and
(C) identify deficiencies and opportunities for
improvement in the capabilities of the U.S. Border
Patrol and other departmental components to develop
rigorous estimates of such requirements.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a report containing the results of the study
required under paragraph (1), including recommendations and
timeframes for implementing the recommendations contained in
such study.
SEC. 215. PORTS OF ENTRY INFRASTRUCTURE.
(a) Additional Ports of Entry.--
(1) Authority.--The Secretary may construct new ports of
entry along the northern border and southern border and
determine the location of any such new ports of entry.
(2) Consultation.--
(A) Requirement to consult.--The Secretary shall
consult with the Secretary of the Interior, the
Secretary of Agriculture, the Administrator of General
Services, and appropriate representatives of State and
local governments, tribal governments, community
groups, and property owners in the United States prior
to selecting a location for any new port constructed
pursuant to paragraph (1).
(B) Considerations.--The purpose of the
consultations required by subparagraph (A) shall be to
minimize any negative impacts of any proposed new port
on the environment, culture, commerce, and quality of
life of the communities and residents located near such
new port.
(b) Expansion and Modernization of High-Volume Southern Border
Ports of Entry.--Not later than September 30, 2018, the Secretary shall
provide to the Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Commerce, Science, and Transportation
of the Senate, the Committee on Homeland Security of the House of
Representatives, and the Committee on Transportation and Infrastructure
of the House of Representatives a plan to expand the primary and
secondary inspection lanes for vehicle, cargo, and pedestrian inbound
and outbound inspection lanes at the top ten high-volume ports of entry
on the southern border, as determined by the Secretary.
(c) Estimates of Inspection Processing Goals and Wait-Time
Standards.--The plan required pursuant to subsection (b) shall be based
on estimates by the Secretary of the number of such inspection lanes
required to meet inspection processing goals and wait-time standards
established by the Secretary.
(d) Port of Entry Prioritization.--Prior to constructing any new
ports of entry pursuant to subsection (a), the Secretary shall complete
the expansion and modernization of ports of entry pursuant to
subsection (b), to the extent practicable.
Subtitle B--Grants
SEC. 221. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program, which shall be known as `Operation Stonegarden', under which
the Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies, through the State administrative
agency, to enhance border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency--
``(1) shall be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
and
``(2) shall be involved in an active, ongoing, U.S. Customs
and Border Protection operation coordinated through a sector or
field office.
``(c) Permitted Uses.--The recipient of a grant under this section
may use such grant for--
``(1) equipment, including maintenance and sustainment
costs;
``(2) any cost or activity permitted for Operation
Stonegarden under the Department of Homeland Security's Fiscal
Year 2017 Homeland Security Grant Program Notice of Funding
Opportunity; and
``(3) any other appropriate border security activity, as
determined by the Administrator, in consultation with the
Commissioner of U.S. Customs and Border Protection.
``(d) Period of Performance.--The Secretary shall award grants
under this section to grant recipients for a period of not less than 36
months.
``(e) Report.--For each of the fiscal years 2018 through 2022, the
Administrator shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report that contains
information on the expenditure of grants made under this section by
each grant recipient.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated $110,000,000 for each of fiscal years 2018 through 2022
for grants under this section.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the Administrator,
may award grants under sections 2003, 2004, and 2009 to State, local,
and tribal governments, as appropriate.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2008 the following new item:
``Sec. 2009. Operation Stonegarden.''.
SEC. 222. SOUTHERN BORDER REGION EMERGENCY COMMUNICATIONS GRANT.
(a) In General.--The Secretary, in consultation with the Governors
of the States located on the southern border, shall establish a two-
year grant program to improve emergency communications in the southern
border region.
(b) Eligibility for Grants.--An individual is eligible for a grant
under this section if the individual demonstrates that the individual--
(1) regularly resides or works in a State on the southern
border; and
(2) is at greater risk of border violence due to a lack of
cellular and LTE network service at the individual's residence
or business and the individual's proximity to the southern
border.
(c) Use of Grants.--Grants awarded under this section may be used
to purchase satellite telephone communications systems and services
that--
(1) can provide access to 9-1-1 service; and
(2) are equipped with receivers for the Global Positioning
System.
TITLE III--REDUCING SIGNIFICANT DELAYS IN IMMIGRATION COURT
SEC. 301. ELIMINATE IMMIGRATION COURT BACKLOGS.
(a) Annual Increases in Immigration Judges.--The Attorney General
of the United States shall increase the total number of immigration
judges to adjudicate pending cases and efficiently process future cases
by at least--
(1) 55 judges during fiscal year 2018;
(2) an additional 55 judges during fiscal year 2019; and
(3) an additional 55 judges during fiscal year 2020.
(b) Qualifications of Immigration Judges.--The Attorney General
shall ensure that all newly hired immigration judges are highly
qualified and trained to conduct fair, impartial hearings consistent
with due process and that all newly hired immigration judges represent
a diverse pool of individuals that includes a balance of individuals
with nongovernmental, private bar, or academic experience in addition
to government experience.
(c) Necessary Support Staff for Immigration Judges.--To address the
shortage of support staff for immigration judges, the Attorney General
shall ensure that each immigration judge has sufficient support staff,
adequate technological and security resources, and appropriate
courtroom facilities.
(d) Annual Increases in Board of Immigration Appeals Personnel.--
The Attorney General shall increase the number of Board of Immigration
Appeals staff attorneys (including necessary additional support staff)
to efficiently process cases by at least--
(1) 23 attorneys during fiscal year 2018;
(2) an additional 23 attorneys during fiscal year 2019; and
(3) an additional 23 attorneys during fiscal year 2020.
(e) GAO Report.--The Comptroller General of the United States
shall--
(1) conduct a study of the hurdles to efficient hiring of
immigration court judges within the Department of Justice; and
(2) propose solutions to Congress for improving the
efficiency of the hiring process.
SEC. 302. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND MEMBERS OF THE
BOARD OF IMMIGRATION APPEALS.
(a) In General.--To ensure efficient and fair proceedings, the
Director of the Executive Office for Immigration Review shall
facilitate robust training programs for immigration judges and members
of the Board of Immigration Appeals.
(b) Mandatory Training.--Training facilitated under subsection (a)
shall include--
(1) an expansion of the training program for new
immigration judges and Board members;
(2) continuing education regarding current developments in
immigration law through regularly available training resources
and an annual conference;
(3) methods to ensure that immigration judges are trained
on properly crafting and dictating decisions and standards of
review, including improved on-bench reference materials and
decision templates;
(4) specialized training to handle cases involving other
vulnerable populations including survivors of domestic
violence/sexual assault/trafficking and individuals with mental
disabilities in partnership with the National Council of
Juvenile and Family Court Judges; and
(5) specialized training in child interviewing, child
psychology, and child trauma in partnership with the National
Council of Juvenile and Family Court Judges for Immigration
Judges.
SEC. 303. NEW TECHNOLOGY TO IMPROVE COURT EFFICIENCY.
The Director of the Executive Office for Immigration Review shall
modernize its case management and related electronic systems, including
allowing for electronic filing, to improve efficiency in the processing
of immigration proceedings.
TITLE IV--ADVANCING REFORMS IN CENTRAL AMERICA TO ADDRESS THE FACTORS
DRIVING MIGRATION
SEC. 401. DEFINITIONS.
In this title:
(1) Northern triangle.--The term ``Northern Triangle''
means the countries of El Salvador, Guatemala, and Honduras.
(2) Plan.--The term ``Plan'' means the Plan of the Alliance
for Prosperity in the Northern Triangle, developed by the
Governments of El Salvador, Guatemala, and Honduras, with the
technical assistance of the Inter-American Development Bank,
and representing a comprehensive approach to address the
complex situation in the Northern Triangle.
Subtitle A--Effectively Coordinating United States Engagement in
Central America
SEC. 411. UNITED STATES COORDINATOR FOR ENGAGEMENT IN CENTRAL AMERICA.
(a) Designation.--Not later than 30 days after the date of the
enactment of this Act, the President shall designate a senior official
to coordinate the efforts of the Federal Government under this title
and the efforts of international partners to strengthen citizen
security, the rule of law, and economic prosperity in Central America
and to protect vulnerable populations in the region.
(b) Supervision.--The official designated under subsection (a)
shall report directly to the President.
(c) Duties.--The official designated under subsection (a) shall
coordinate the efforts, activities, and programs related to United
States engagement in Central America under this title, including--
(1) coordinating with the Department of State, the
Department of Justice (including the Federal Bureau of
Investigation), the Department of Homeland Security, the
intelligence community, and international partners regarding
United States efforts to confront armed criminal gangs, illicit
trafficking networks, and organized crime responsible for high
levels of violence, extortion, and corruption in Central
America;
(2) coordinating with the Department of State, the United
States Agency for International Development, and international
partners regarding United States efforts to prevent and
mitigate the effects of violent criminal gangs and
transnational criminal organizations on vulnerable Central
American populations, including women and children;
(3) coordinating with the Department of State, the
Department of Homeland Security, and international partners
regarding United States efforts to counter human smugglers
illegally transporting Central American migrants to the United
States;
(4) coordinating with the Department of State, the
Department of Homeland Security, the United States Agency for
International Development, and international partners,
including the United Nations High Commissioner for Refugees, to
increase protections for vulnerable Central American
populations, improve refugee processing, and strengthen asylum
systems throughout the region;
(5) coordinating with the Department of State, the
Department of Defense, the Department of Justice (including the
Drug Enforcement Administration), the Department of the
Treasury, the intelligence community, and international
partners regarding United States efforts to combat illicit
narcotics traffickers, interdict transshipments of illicit
narcotics, and disrupt the financing of the illicit narcotics
trade;
(6) coordinating with the Department of State, the
Department of the Treasury, the Department of Justice, the
intelligence community, the United States Agency for
International Development, and international partners regarding
United States efforts to combat corruption, money laundering,
and illicit financial networks;
(7) coordinating with the Department of State, the
Department of Justice, the United States Agency for
International Development, and international partners regarding
United States efforts to strengthen the rule of law, democratic
governance, and human rights protections; and
(8) coordinating with the Department of State, the
Department of Agriculture, the United States Agency for
International Development, the Overseas Private Investment
Corporation, the United States Trade and Development Agency,
the Department of Labor, and international partners, including
the Inter-American Development Bank, to strengthen the
foundation for inclusive economic growth and improve food
security, investment climate, and protections for labor rights.
(d) Consultation.--The official designated under subsection (a)
shall consult with Congress, multilateral organizations and
institutions, foreign governments, and domestic and international civil
society organizations in carrying out this section.
Subtitle B--Targeting Assistance to Appropriate Communities in the
Northern Triangle
SEC. 421. TARGETING ASSISTANCE TO APPROPRIATE COMMUNITIES.
Not later than one year after the date of the enactment of this Act
and annually thereafter for each of the five succeeding years, the
Comptroller General of the United States shall submit to the Committee
on Foreign Affairs and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate a report that contains the
following:
(1) Raw data on the number of children migrating to the
United States from each community or geographic area in the
Northern Triangle.
(2) An assessment of whether United States foreign
assistance to the Northern Triangle is effectively reaching the
communities and geographic areas from which children are
migrating.
(3) An assessment of the extent to which the State
Department and the United States Agency for International
Development are adjusting programming in the Northern Triangle
as migration patterns shift.
Subtitle C--Regional Millennium Challenge Corporation Compacts
SEC. 431. MCC COMPACTS.
(a) Concurrent Compacts.--Section 609 of the Millennium Challenge
Act of 2003 (22 U.S.C. 7708) is amended--
(1) in subsection (a), by adding at the end the following
new sentence: ``The Board may enter into a Compact with more
than one eligible country in a region if the Board determines
that a regional development strategy would further regional
development objectives.'';
(2) in subsection (k)--
(A) by striking the first sentence; and
(B) by striking ``the existing'' and inserting ``an
existing''; and
(3) by adding at the end the following new subsection:
``(l) Concurrent Compacts.--In accordance with the requirements of
this Act, an eligible country and the United States may enter into and
have in effect more than one Compact at any given time, including a
concurrent Compact for purposes of regional economic integration or
cross-border collaborations, only if the Board determines that such
country is making considerable and demonstrable progress in
implementing the terms of the existing Compact and any supplementary
agreements thereto.''.
(b) Conforming Amendments.--The Millennium Challenge Act of 2003 is
amended--
(1) in subsection (b) of section 609 (22 U.S.C. 7708)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``the national development
strategy of the eligible country'' and
inserting ``the national or regional
development strategy of the country or
countries''; and
(ii) in each of subparagraphs (A), (B),
(E), and (J), by striking ``the country'' each
place it appears and inserting ``the country or
countries''; and
(B) in paragraph (3)--
(i) by inserting ``or regional development
strategy'' after ``national development
strategy''; and
(ii) by inserting ``or governments of the
countries in the case of regional investments''
after ``government of the country''; and
(2) in subparagraph (A) of section 613(b)(2) of such Act
(22 U.S.C. 7712(b)(2)) by striking ``the Compact'' and
inserting ``any Compact''.
Subtitle D--United States Leadership for Engaging International Donors
and Partners
SEC. 441. REQUIREMENT FOR STRATEGY TO SECURE SUPPORT OF INTERNATIONAL
DONORS AND PARTNERS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a three-year strategy that--
(1) describes how the United States will secure support
from international donors and regional partners (including
Colombia and Mexico) for the implementation of the Plan;
(2) identifies governments that are willing to provide
financial and technical assistance for the implementation of
the Plan and a description of such assistance; and
(3) identifies the financial and technical assistance to be
provided by multilateral institutions, including the Inter-
American Development Bank, the World Bank, the International
Monetary Fund, the Andean Development Corporation-Development
Bank of Latin America, and the Organization of American States,
and a description of such assistance.
(b) Diplomatic Engagement and Coordination.--The Secretary of
State, in coordination with the Secretary of the Treasury, as
appropriate, shall--
(1) carry out diplomatic engagement to secure contributions
of financial and technical assistance from international donors
and partners in support of the Plan; and
(2) take all necessary steps to ensure effective
cooperation among international donors and partners supporting
the Plan.
(c) Report.--Not later than one year after submitting the strategy
required under subsection (a), the Secretary of State shall submit to
the appropriate congressional committees a report that describes--
(1) the progress made in implementing the strategy; and
(2) the financial and technical assistance provided by
international donors and partners, including the multilateral
institutions specified in subsection (a)(3).
(d) Briefings.--Upon a request from any of the appropriate
congressional committees, the Secretary of State shall provide a
briefing to such committee that describes the progress made in
implementing the strategy required under subsection (a).
(e) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Education and the Workforce, Energy and Commerce, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Education and the Workforce, Energy and Commerce, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Education and the Workforce, Energy and Commerce, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Education and the Workforce, Energy and Commerce, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Education and the Workforce, Energy and Commerce, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Immigration and Border Security.
Referred to the Subcommittee on Border and Maritime Security.