Humanitarian Upgrades to Manage and Assist our Nation's Enforcement Act of 2019 or the HUMANE Act of 2019
This bill modifies requirements relating to the detention of alien children and families, asylum seekers, and other immigration-related provisions.
The Department of Homeland Security (DHS) shall house detained alien children with a parent during the pendency of any civil or criminal proceedings if the children are accompanied by a parent. DHS shall ensure the facilities meet various standards, including those relating to accommodations and medical treatment.
DHS shall expedite removal proceedings against alien children convicted of certain crimes.
The bill also imposes requirements on placing unaccompanied alien children with a nongovernmental sponsor, such as requiring the sponsor to be the child's parent or legal guardian and legally present in the United States. The Department of Health of Human Services may make exceptions in certain instances, such as when a child is believed to be a human trafficking victim, and place such a child with another relative.
The bill requires asylum applicants to arrive in the United States only at a designated port of arrival, where current law allows aliens to seek asylum whether or not they arrive at a designated port.
DHS shall establish at least four regional processing centers to house and process detained aliens. U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement shall increase staffing, including field operations officers, support personnel, and attorneys.
Aliens who overstay a nonimmigrant visa or under a visa waiver program more than 30 days shall be subject to detention and removal, and barred from obtaining various immigration benefits.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2522 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2522
To amend the Immigration and Nationality Act to address the protective
custody of alien children accompanied by parents, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 3, 2019
Mr. Cuellar introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Foreign Affairs, Homeland Security, Ways and Means, Agriculture, and
Transportation and Infrastructure, 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 amend the Immigration and Nationality Act to address the protective
custody of alien children accompanied by parents, 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 ``Humanitarian
Upgrades to Manage and Assist our Nation's Enforcement Act of 2019'' or
the ``HUMANE Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Family unification.
Sec. 3. Repatriation of unaccompanied alien children.
Sec. 4. Child welfare and law enforcement information sharing.
Sec. 5. Accountability for children and taxpayers.
Sec. 6. Custody of unaccompanied alien children in removal proceedings
under section 240 of the Immigration and
Nationality Act.
Sec. 7. Fraud in connection with the transfer of custody of
unaccompanied alien children.
Sec. 8. Notification of States and foreign governments, reporting, and
monitoring.
Sec. 9. Reports to Congress.
Sec. 10. Asylum processing.
Sec. 11. Biometric and DNA collection.
Sec. 12. Standard operating procedures; facilities standards.
Sec. 13. Regional processing centers.
Sec. 14. Authorization to hire additional U.S. Customs and Border
Protection and U.S. Immigration and Customs
Enforcement personnel.
Sec. 15. Ports of entry infrastructure improvements.
Sec. 16. Foreign engagement strategy.
Sec. 17. Deterring visa overstays.
SEC. 2. FAMILY UNIFICATION.
(a) In General.--Section 235 of the Immigration and Nationality Act
(8 U.S.C. 1225) is amended by adding at the end the following:
``(e) Protective Custody of Arriving Alien Children Accompanied by
Parents.--
``(1) In general.--Notwithstanding any other provision of
law, including section 3142 of title 18, United States Code,
any judicial determination (including any judicial
determination made in Flores v. Sessions et. al. (9th Cir. July
5, 2017; C.D. CA. July 24, 2015)), consent decree, or
settlement agreement issued before the date of enactment of the
HUMANE Act of 2019, and section 236.3 of title 8, Code of
Federal Regulations (or a successor regulation), the Secretary
of Homeland Security is not required to implement the terms of
the stipulated settlement agreement filed on January 17, 1997,
in the United States District Court for the Central District of
California in Flores v. Reno, CV 85-4544-RJK (commonly known as
the ``Flores settlement agreement''), and may not use any
Federal Funds to implement such agreement, with respect to an
alien child who is younger than 18 years of age if such child
is accompanied by a parent or legal guardian.
``(2) Family residential centers.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary of Homeland Security
shall house any alien child described in paragraph (1)
who is unlawfully present in the United States together
with the parent of such child in a family residential
center or a regional processing center maintained by
the Secretary of Homeland Security during the pendency
of civil or criminal proceedings.
``(B) Exception.--The Secretary of Homeland
Security may not temporarily house an alien child
referred to in subparagraph (A) in the manner described
in such subparagraph if the Secretary--
``(i) is unable to verify that an
individual accompanying the alien child is the
parent of the alien child;
``(ii) determines that the accompanying
parent of the alien child--
``(I) has a violent criminal
history; or
``(II) has committed or been
convicted of--
``(aa) an aggravated
felony;
``(bb) a crime involving
the attempted use of physical
force or the threatened use of
a deadly weapon;
``(cc) an assault resulting
in bodily injury (as defined in
section 2266 of title 18,
United States Code); or
``(dd) an offense described
in section 212(a)(2) or
237(a)(2);
``(iii) determines that the alien child has
been a victim of domestic abuse or sexual
abuse; or
``(iv) the alien child is--
``(I) a victim of trafficking;
``(II) at risk of becoming a victim
of trafficking;
``(III) in danger of abuse or
neglect at the hands of the
accompanying parent of the alien child;
or
``(IV) a danger to himself or
herself or to others.
``(C) Conditions for custody.--The Secretary of
Homeland Security shall ensure that--
``(i) each family residential facility or
regional processing center, as applicable, is
secure and safe; and
``(ii) each alien child and each
accompanying parent at a family residential
facility or regional processing center--
``(I) has suitable living
accommodations;
``(II) has access to drinking water
and food;
``(III) has timely access to
medical assistance, including mental
health assistance;
``(IV) has access to recreational
facilities, educational services,
entertainment options, clothing, family
visitation, and legal counsel (to the
greatest extent practicable in
accordance with section 292); and
``(V) has access to any other
service necessary for the adequate care
of a minor child.
``(3) Protective custody of accompanied alien children
ineligible for housing in a family residential center.--If an
alien child described in paragraph (1) may not be housed with
the accompanying parent of the alien child in a family
residential center or regional processing center in accordance
with paragraph (2)(A), the child shall be treated as an
unaccompanied alien child under the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232 et seq.).
``(4) Prioritization of accompanied minor and family unit
proceedings.--To the maximum extent practicable, the Secretary
of Homeland Security and the Attorney General shall prioritize
civil and criminal proceedings and decisions on requests for
relief from removal of accompanied alien children and families
who are in custody under this subsection.''.
(b) Applicability.--The amendments made by this Act shall apply
regardless of the date of the occurrence of an action giving rise to
the admissibility or custody of the accompanied child or parent.
(c) Rule of Construction.--Nothing in this section, or in the
amendments made by this section, may be construed as terminating the
settlement agreement filed on January 17, 1997, in the United States
District Court for the Central District of California in Flores v.
Reno, CV 85-4544-RJK (commonly known as the ``Flores settlement
agreement''), with respect to 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))).
SEC. 3. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--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 shall be treated in accordance with
subparagraph (B)'' and inserting ``shall be treated in
accordance with subparagraph (B) or subsection (b), as
appropriate''; 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
inserting ``and any other foreign country that
the Secretary determines to be appropriate''
after ``countries contiguous to the United
States'';
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(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. 1225), if the
Secretary determines or has reason to believe that 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, or found to be a
juvenile offender based on, an offense that involved--
``(i) the use or attempted use of physical
force, or threatened use of a deadly weapon;
``(ii) the purchase, sale, offering for
sale, exchange, use, ownership, possession, or
carrying, or, of attempting or conspiring to
purchase, sell, offer for sale, exchange, use,
own, possess, or carry, any weapon, part, or
accessory which is a firearm or destructive
device (as defined in section 921(a) of title
18, United States Code) in violation of any
law;
``(iii) child abuse and neglect (as defined
in section 40002(a)(3) of the Violence Against
Women Act of 1994 (34 U.S.C. 12291(a)(3)));
``(iv) assault resulting in bodily injury
(as defined in section 2266 of title 18, United
States Code);
``(v) the violation of a protection order
(as defined in section 2266 of title 18, United
States Code);
``(vi) driving while intoxicated or driving
under the influence (as such terms are defined
in section 164 of title 23, United States
Code); or
``(vii) any offense under foreign law
(except a purely political offense) that, 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, or found to be a
juvenile offender based on, more than 1 criminal
offense (other than minor traffic offenses);
``(D) has been convicted of, or found to be a
juvenile offender based on a crime of violence or an
offense under Federal, State, or Tribal law, that has,
as an element, the use or attempted use of physical
force or the threatened use of physical force or a
deadly weapon;
``(E) 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));
``(F) has engaged in, is engaged in, or any time
after a prior admission engages in activity described
in section 237(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(4));
``(G) is or was a member of a criminal gang (as
defined in section 101(a)(53) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(53)));
``(H) provided materially false, fictitious, or
fraudulent information regarding age or identity to the
United States Government with the intent to
inaccurately classified as an unaccompanied alien
child; or
``(I) has entered the United States more than once
in violation of section 275(a) of the Immigration and
Nationality Act (8 U.S.C. 1325(a)), knowing that the
entry was unlawful.''.
(b) Prioritization of Proceedings.--The Secretary of Homeland
Security and the Attorney General shall ensure that immigration
proceedings and any claims for relief, including asylum, for an
unaccompanied minor child are prioritized and expeditiously
adjudicated.
SEC. 4. 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 placing an
unaccompanied alien child with a potential sponsor, the
Secretary of Homeland Security shall notify the
Secretary of Health and Human Services of the
immigration status of such potential sponsor before
making such placement.
``(B) Other information.--The Secretary of Health
and Human Services, upon request, shall provide to the
Secretary of Homeland Security and the Attorney General
any relevant information relating 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 such child and any person to whom custody
of the child has been transferred, for any legitimate
law enforcement objective, including the enforcement of
the immigration laws.''.
SEC. 5. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.
Section 235(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008, as amended by section 4, is
further amended by adding 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
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. 6. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN IN REMOVAL PROCEEDINGS
UNDER SECTION 240 OF THE IMMIGRATION AND NATIONALITY ACT.
(a) In General.--Section 235(c)(2) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)(2)) is amended by adding at the end the following:
``(C) Children in removal proceedings under section
240.--
``(i) Limitation on placement.--
Notwithstanding any settlement or consent
decree previously issued before the date of the
enactment of this subparagraph, section 236.3
of title 8, Code of Federal Regulations, or a
similar successor regulation, 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 or
legal guardian of the unaccompanied
alien child;
``(II) the parent or legal guardian
is legally present in the United States
at the time of such placement;
``(III) the parent or legal
guardian has undergone a mandatory
biometric criminal history check;
``(IV) if the nongovernmental
sponsor is the biological parent, the
parent's relationship to the alien
child has been verified through DNA
testing conducted by the Secretary of
Health and Human Services;
``(V) if the nongovernmental
sponsor is the adoptive parent, the
parent's relationship to the alien
child has been verified with the
judicial court that issued the final
legal adoption decree by the Secretary
of Health and Human Services; and
``(VI) the Secretary of Health and
Human Services has determined that the
alien child is not a danger to himself
or herself, a danger to the community,
or a flight risk.
``(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, such
child may be placed with a grandparent or adult
sibling if the grandparent or adult sibling
meets the requirements for parents or legal
guardians under subclauses (II), (III), and
(IV) of clause (i).
``(iii) Failure to appear.--
``(I) Civil penalty.--Except as
provided in subclause (II), if an
unaccompanied alien child who was
placed with a sponsor fails to appear
in a mandatory court appearance, the
sponsor shall be subject to a civil
penalty of $250 per day until the alien
appears in court, up to a maximum
penalty of $5,000.
``(II) Burden of proof.--The
penalty under subclause (I) shall not
apply to a sponsor who--
``(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).
``(iv) 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 (34
U.S.C. 20911));
``(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)); or
``(III) an offense under Federal,
State, or Tribal law that has, as an
element of the offense, the use or
attempted use of physical force or the
threatened use of physical force or a
deadly weapon.
``(v) Requirements of criminal background
check.--Each biometric criminal history check
required under clause (i)(III) 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 Federal or State
database or repository that the
Secretary of Health and Human Services
determines to be appropriate.''.
(b) Home Studies and Follow-Up Services for Unaccompanied Alien
Children.--Section 235(c)(3) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is
amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Home studies.--
``(i) In general.--Except as provided under
clause (ii), the Secretary of Health and Human
Services shall determine whether a home study
is necessary before placing a child with an
individual.
``(ii) Required home studies.--A home study
shall be conducted for a child--
``(I) who is a victim of a severe
form of trafficking in persons or is 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));
``(II) 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;
``(III) whose proposed sponsor
presents a risk of abuse, maltreatment,
exploitation, or trafficking to the
child based on all available objective
evidence if more than 2 other children
are residing with the proposed sponsor,
or if such sponsor has custody of at
least 1 other unaccompanied alien
child; or
``(IV) if more than 2 other
children are residing with the proposed
sponsor, or if such sponsor has custody
of at least 1 other unaccompanied alien
child.
``(C) Follow-up services and additional home
studies.--
``(i) Pendency of removal proceedings.--Not
less frequently than once every 180 days until
the date on which initial removal proceedings
are completed and the immigration judge issues
an order of removal, grants voluntary departure
under section 240B, or grants the alien relief
from removal, the Secretary of Health and Human
Services shall conduct follow-up services for
any child for whom a home study was conducted
and who was placed with a nongovernmental
sponsor.
``(ii) Children with mental health or other
needs.--Not less frequently than once every 180
days, until the date that is 2 years after the
date on which a child is placed with a
nongovernmental sponsor, the Secretary of
Health and Human Services shall conduct follow-
up services for any child with mental health
needs or other needs who could benefit from
ongoing assistance from a social welfare
agency.
``(iii) Children at risk.--Not less
frequently than once every 90 days until the
date that is 2 years after the date on which a
child is placed with a nongovernmental sponsor,
the Secretary of Health and Human Services
shall conduct home studies and follow-up
services, including partnering with local
community programs that focus on early morning
and after school programs for at-risk children
who--
``(I) need a secure environment to
engage in studying, training, and
skills-building programs; and
``(II) are at risk for recruitment
by criminal gangs or other
transnational criminal organizations in
the United States.''.
SEC. 7. 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)))--
``(1) by making any materially false, fictitious, or
fraudulent statement or representation; or
``(2) by making or using any false writing or document with
the knowledge that such writing or document contains any
materially false, fictitious, or fraudulent statement or entry.
``(b) Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined under this
title and imprisoned for not less than 1 year.
``(2) Enhanced penalty for trafficking.--If the primary
purpose of a 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 chapter analysis for chapter 47 of
title 18, United States Code, is amended by adding at the end the
following:
``1041. Fraud in connection with the transfer of custody of
unaccompanied alien children.''.
SEC. 8. NOTIFICATION OF STATES AND FOREIGN GOVERNMENTS, REPORTING, AND
MONITORING.
Section 235 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232), as amended by
this Act, is further amended by adding at the end the following:
``(k) Notification to States.--
``(1) Before 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 before placing an
unaccompanied alien child who is in the custody of such
Secretary into 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 subsection, 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 this subsection.
``(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, an unaccompanied
alien child was 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 under 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 such aliens.
``(l) Notification of Foreign Country.--The Secretary of Homeland
Security shall provide information regarding each unaccompanied alien
child to the government of the country of which the child is a national
to assist such government with the identification and reunification of
such child with their parent or other qualifying relative.
``(m) 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 before 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 subsection, submit a plan to Congress for
implementing the requirements under paragraphs (1) and (2).''.
SEC. 9. REPORTS TO CONGRESS.
(a) Reports on Care of Unaccompanied Alien Children.--Not later
than September 30, 2020, the Secretary of Health and Human Services
shall submit to Congress, and make publicly 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) for each contractor and facility referred to in
paragraph (1), 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
electronic monitoring 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 September
30, 2020, the Secretary of State shall submit to Congress, and make
publicly available, a report that--
(1) includes a copy of any repatriation agreement in effect
for unaccompanied alien children;
(2) describes any such repatriation agreement that is being
considered or negotiated; and
(3) describes the funding provided by the United States
Government 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
September 30, 2020, the Secretary of Homeland Security shall submit to
Congress, and make publicly available, a report that identifies--
(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 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,
any other immigration benefit or status, or deferred action.
(d) Reports on Immigration Proceedings.--Not later than September
30, 2020, and not less frequently than every 90 days thereafter, the
Secretary of Homeland Security, in coordination with the Director of
the Executive Office for Immigration Review, shall submit to Congress,
and make publicly available, a report that identifies--
(1) the number of unaccompanied alien children who, after
proceedings under section 235B of the Immigration and
Nationality Act 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 section 235(b) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)), prove a claim of
admissibility and are placed in proceedings under section 240
of that 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
section 235(b) of the Immigration and Nationality Act for such
children.
SEC. 10. ASYLUM PROCESSING.
Section 208 of the Immigration and Nationality Act (8 U.S.C.
1158(a)) is amended--
(1) in subsection (a), by striking ``(whether or not at a
designated port of arrival and including an alien who is
brought to the United States after having been interdicted in
international or United States waters),'' and inserting ``at a
designated port of entry (including an alien who is brought to
the United States after having been interdicted in
international or United States waters),''; and
(2) in subsection (b)(2)(A)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period at the
end and inserting ``; or'' at the end; and
(C) by adding at the end the following:
``(vii) the alien arrived in the United
States anywhere other than at a designated port
of entry.''.
SEC. 11. BIOMETRIC AND DNA COLLECTION.
(a) Collection of Biometric Information.--The Commissioner of U.S.
Customs and Border Protection shall verify parentage or other family
relationships of individuals apprehended along the border or at
designated ports of entry, in accordance with section 411(c) of the
Homeland Security Act of 2002 (6 U.S.C. 211(c)), by photographing and
collecting biometric information from all alien children apprehended by
U.S. Customs and Border Protection who were younger than 18 years of
age at the time of such apprehension.
(b) Collection of DNA Samples.--
(1) In general.--The Secretary of Homeland Security or the
Attorney General shall verify parentage or other family
relationships of individuals apprehended along the border or at
designated ports of entry, in accordance with section 3(a) of
the DNA Analysis Backlog Elimination Act of 2000 (34 U.S.C.
40702(a)), shall conduct DNA analysis from all alien children
younger than 18 years of age who are in the custody of U.S.
Customs and Border Protection or U.S. Immigration and Customs
Enforcement.
(2) Rapid dna.--DNA analysis conducted under paragraph (1)
may be may be carried out with Rapid DNA instruments (as
defined in section 3(c)(3) of the DNA Analysis Backlog
Elimination Act of 2000 (34 U.S.C. 40702(c)(3))).
SEC. 12. STANDARD OPERATING PROCEDURES; FACILITIES STANDARDS.
(a) Standard Operating Procedures.--Section 411(k)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 211(k)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E)(iv), by striking the period at the
end and inserting ``; and''; and
(3) adding at the end the following:
``(F) standard operating procedures regarding the
detection, interdiction, inspection, processing, or
transferring of alien children that officers and agents
of U.S. Customs and Border Protection shall employ in
the execution of their duties.''.
(b) Facilities Standards.--
(1) Initial review and update.--Not later than 270 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall review and update the regulations under
part 115 of title 6, Code of Federal Regulations, which set
standards to prevent, detect, and respond to sexual abuse and
assault in immigration detention facilities and other holding
facilities under the jurisdiction of the Department of Homeland
Security.
(2) Quadrennial review.--The Secretary of Homeland Security
shall review and update the regulations referred to in
paragraph (1) not less frequently than once every 4 years.
SEC. 13. REGIONAL PROCESSING CENTERS.
Subtitle C of title IV of the Homeland Security Act of 2002 (6
U.S.C. 231 et seq.) is amended by adding at the end the following:
``SEC. 437. REGIONAL PROCESSING CENTERS.
``(a) In General.--The Secretary shall establish at least 4
regional processing centers located in high traffic sectors of U.S.
Border Patrol, as determined by the Secretary, along the southern
border land border of the United States. All family units apprehended
by U.S. Customs and Border Protection in such sectors shall be
expeditiously transported to the nearest regional processing center.
``(b) Purpose.--The regional processing centers established
pursuant to subsection (a) shall carry out family unit processing
activities, including--
``(1) criminal history checks;
``(2) identity verification;
``(3) DNA analysis;
``(4) medical screenings;
``(5) asylum interviews and credible fear determinations
under section 235 of the Immigration and Nationality Act (8
U.S.C. 1225); and
``(6) other activities prescribed by the Secretary.
``(c) Personnel and Living Conditions.--The regional processing
centers established pursuant to subsection (a) shall include--
``(1) personnel assigned from--
``(A) U.S. Customs and Border Protection;
``(B) U.S. Immigration and Customs Enforcement;
``(C) the Federal Emergency Management Agency;
``(D) U.S. Citizenship and Immigration Services;
and
``(E) the Office of Refugee Resettlement of the
Department of Health and Human Services;
``(2) upon agreement with the Secretary of Defense,
personnel from assigned from the Department of Defense;
``(3) sufficient medical staff, including physicians
specializing in pediatric or family medicine, nurse
practitioners, and physician assistants;
``(4) licensed social workers;
``(5) mental health professionals; and
``(6) a sufficient number of detention beds to detain all
family units apprehended by U.S. Customs and Border Protection
in the sector of the U.S. Border Patrol in which such regional
processing center is located for not fewer than 20 days.
``(d) Immigration Judges.--During the 2-year period beginning on
the date of the enactment of this section, the Attorney General shall
assign not fewer than 2 immigration judges to each southwest border
family residential center or other southwest border location agreed
upon by the Attorney General and the Secretary of Homeland Security to
expeditiously adjudicate the immigration proceedings of family units
and other aliens arrested and detained by the Department of Homeland
Security.
``(e) Criminal History Checks and DNA Analysis.--
``(1) In general.--Each biometric criminal history check
carried out under subsection (b)(1) shall be conducted using a
set of fingerprints or other biometric identifier obtained
from--
``(A) the Federal Bureau of Investigation;
``(B) the criminal history repositories of all
States that the individual listed as a current or
former residence; and
``(C) any other appropriate Federal or State
database or repository, as determined by the Secretary
of Health and Human Services.''.
``(2) Use of rapid dna instruments.--DNA analysis under
subsection (b)(3) may be carried out with Rapid DNA
instruments.
``(f) Exceptions for Additional Purposes.--Subject to operational
and spatial availability, in the event of a major disaster or emergency
declared under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) or any homeland security crisis
requiring the establishment of a departmental Joint Task Force under
section 708(b), the Secretary may temporarily utilize a regional
processing center to carry out operations relating to such declaration
or crisis.
``(g) Private Donations.--The Department of Homeland Security may
accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal Government
for the care of children and family units detained at a regional
processing center established under subsection (a), including--
``(1) medical goods and services;
``(2) school supplies;
``(3) toys;
``(4) clothing; and
``(5) any other items intended to promote the well being of
such children and family units.
``(h) Definitions.--In this section, the terms `DNA analysis', `DNA
sample', and `Rapid DNA instruments' have the meanings given such terms
under section 3(c) of the DNA Analysis Backlog Elimination Act of 2000
(34 U.S.C. 40702(c)).''.
SEC. 14. AUTHORIZATION TO HIRE ADDITIONAL U.S. CUSTOMS AND BORDER
PROTECTION AND U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
PERSONNEL.
(a) Officers.--The Commissioner of U.S. Customs and Border
Protection shall hire, train, and assign not fewer than 600 new Office
of Field Operations Officers (above the current attrition level) during
every fiscal year until the total number of Office of Field Operations
Officers equals and sustains the requirements identified each year in
the Workload Staffing Model.
(b) Support Staff.--The Commissioner is authorized to hire, train,
and assign support staff, including technicians, to perform non-law
enforcement administrative functions to support the new Office of Field
Operations officers hired pursuant to subsection (a).
(c) Agriculture Specialists.--Not later than September 30, 2021,
the Secretary of Homeland Security shall hire, train, and assign to
duty 631 U.S. Customs and Border Protection Agriculture Specialists to
ports of entry along the southern and northern borders of the United
States.
(d) Traffic Forecasts.--In calculating the number of Office of
Field Operations Officers needed at each port of entry through the
Workload Staffing Model, the Commissioner shall--
(1) rely on data collected regarding the inspections and
other activities conducted at each such port of entry; and
(2) consider volume from seasonal surges, other projected
changes in commercial and passenger volumes, the most current
commercial forecasts, and other relevant information.
(e) GAO Report.--If the Commissioner does not hire 600 additional
Office of Field Operations officers pursuant to subsection (a) during
fiscal year 2020, or during any subsequent fiscal year in which the
hiring requirements set forth in the Workload Staffing Model have not
been achieved, the Comptroller General of the United States shall--
(1) conduct a review of U.S. Customs and Border Protection
hiring practices to determine the reasons that such
requirements were not achieved and other issues related to
hiring by U.S. Customs and Border Protection; and
(2) submit a report to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives that
describes the results of the review conducted under paragraph
(1).
(f) U.S. Immigration and Customs Enforcement Personnel Increases.--
The Director of U.S. Immigration and Customs Enforcement shall hire,
train, and assign--
(1) not fewer than 1,000 new Enforcement and Removal
Operations Officers;
(2) not fewer than 665 Enforcement and Removal Operations
support personnel to address case management responsibilities;
(3) not fewer than 128 attorneys in the Office of the
Principal Legal Advisor; and
(4) not fewer than 41 support staff within the Office of
the Principal Legal Advisor to assist immigration judges within
the Executive Office for Immigration Review with removal,
asylum, and custody determination proceedings.
SEC. 15. PORTS OF ENTRY INFRASTRUCTURE IMPROVEMENTS.
(a) Additional Ports of Entry.--
(1) Authority.--The Secretary of Homeland Security may
construct new ports of entry along the northern and southern
borders of the United States at locations determined by the
Secretary, after appropriate consultations pursuant to
paragraph (2).
(2) Consultations.--
(A) Requirement to consult.--The Secretary of
Homeland Security shall consult with the Secretary of
State, the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Transportation, the
Administrator of the General Services Administration,
and appropriate representatives of State and local
governments, and Indian tribes, and property owners in
the United States before selecting a location for any
new port constructed pursuant to paragraph (1).
(B) Considerations.--The purpose of the
consultations required under subparagraph (A) shall be
to minimize any negative impacts of new ports of entry
on the environment, culture, commerce, and quality of
life of the communities and residents located near such
new ports of entry.
(b) Expansion and Modernization of High-Priority Border Ports of
Entry.--Not later than September 30, 2021, the Secretary of Homeland
Security shall modernize the top 10 high-priority ports of entry on the
southern border of the United States.
(c) Port of Entry Prioritization.--The Secretary of Homeland
Security shall complete the expansion and modernization of ports of
entry pursuant to subsection (b), to the extent practicable, before
constructing any new ports of entry pursuant to subsection (a).
(d) Notification.--
(1) New ports of entry.--Not later than 15 days after
determining the location of a new port of entry pursuant to
subsection (a), the Secretary of Homeland Security shall submit
a report to the entities listed in paragraph (2) that
includes--
(A) the location of the new port of entry;
(B) a description of the need for, and anticipated
benefits of, the new port of entry;
(C) a description of the consultations undertaken
by the Secretary pursuant to subsection (a)(2);
(D) any actions that will be taken to minimize
negative impacts of the new port; and
(E) the anticipated timeline for completing the
construction of the new port of entry.
(2) Recipients.--The entities listed in this paragraph
are--
(A) the members of Congress that represent the
State or congressional district in which the new port
of entry will be located;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Finance of the Senate;
(D) the Committee on the Judiciary of the Senate;
(E) the Committee on Homeland Security of the House
of Representatives;
(F) the Committee on Ways and Means of the House of
Representatives; and
(G) the Committee on the Judiciary of the House of
Representatives.
(3) Top 10 high-volume ports.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall submit a report to the congressional
committees listed under paragraph (2) that--
(A) lists the top 10 high-volume ports of entry on
the southern border of the United States; and
(B) the Secretary's plan for expanding the primary
and secondary inspection lanes at each port of entry
referred to in subparagraph (A).
SEC. 16. FOREIGN ENGAGEMENT STRATEGY.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Secretary of Homeland Security, shall submit a strategy to the
congressional committees listed in subsection (c) that describes how
the United States Government will--
(1) engage with the Government of Mexico and the Government
of Guatemala regarding new opportunities for cooperation on
Mexico's border with Guatemala;
(2) foster cooperation between Mexican and Guatemalan
authorities at high-volume ports of entry to synchronize border
security technologies between Mexico and Guatemala to improve
border security and trade facilitation; and
(3) help modernize infrastructure and technology at ports
of entry in Guatemala, including nonintrusive inspection
equipment, to more fully automate the inspection process.
(b) Implementation.--No later than 1 year after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Secretary of Homeland Security, shall submit a report to the
congressional committees listed in subsection (c) that describes the
steps that have been taken to implement the strategy described in
subsection (a).
(c) Recipients.--The congressional committees listed in this
paragraph are--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on the Judiciary of the House of
Representatives.
SEC. 17. DETERRING VISA OVERSTAYS.
(a) Admission of Nonimmigrants.--Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended by striking the section
designation and heading and all that follows through the end of
subsection (a)(1) and inserting the following:
``SEC. 214. ADMISSION OF NONIMMIGRANTS.
``(a) In General.--
``(1) Terms and conditions of admission.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the admission to the United States of any alien as
a nonimmigrant may be for such time and under such
conditions as the Secretary may prescribe, in his or
her sole and unreviewable discretion, including when
the Secretary deems necessary the giving of a bond with
sufficient surety in such sum and containing such
conditions as the Secretary shall prescribe, to ensure
that at the expiration of such time or upon failure to
maintain the status under which the alien was admitted,
or to maintain any status subsequently acquired under
section 248, such alien will depart from the United
States.
``(B) Guam or cnmi visa waiver nonimmigrants.--No
alien admitted to Guam or the Commonwealth of the
Northern Mariana Islands without a visa pursuant to
section 212(l) may be authorized to enter or stay in
the United States, other than in Guam or the
Commonwealth of the Northern Mariana Islands, or to
remain in Guam or the Commonwealth of the Northern
Mariana Islands for a period exceeding 45 days after
the date on which the alien was admitted to Guam or the
Commonwealth of the Northern Mariana Islands.
``(C) Visa waiver program nonimmigrants.--An alien
admitted to the United States without a visa pursuant
to section 217 shall not be authorized to remain in the
United States as a nonimmigrant visitor for a period
exceeding 90 days from the date on which the alien was
admitted.
``(D) Bar to immigration benefits and to contesting
removal.--
``(i) Defined term.--In this subparagraph,
the term `good cause' means extreme exigent
humanitarian circumstances, determined on a
case-by-case basis only, such as a medical
emergency or force majeure.
``(ii) Consequence of overstay.--Subject to
clause (iii), except for an alien admitted as a
nonimmigrant under subparagraph (A)(i),
(A)(ii), (G)(i), (G)(ii), or (G)(iii) of
section 101(a)(15) or as a NATO-1, 2, 3, 4, 5,
or 6 nonimmigrant, any alien who remains in the
United States for a period of more than 30 days
after the date on which the period of stay or
parole authorized by the Secretary for the
alien ends, without good cause, is inadmissible
and ineligible for all immigration benefits or
relief available under the immigration laws,
including relief under sections 240A(b)(1),
240B(b), 245, 248, and 249, other than--
``(I) asylum;
``(II) relief as a victim of
trafficking under section
101(a)(15)(T);
``(III) relief as a victim of
criminal activity under section
101(a)(15)(U);
``(IV) relief under the Violence
Against Women Act of 1994 (42 U.S.C.
13701 et seq.) as a spouse or child who
has been battered or subjected to
extreme cruelty;
``(V) relief as a battered spouse
or child under section 240A(b)(2);
``(VI) withholding of removal under
section 241(b)(3); or
``(VII) protection from removal
based on a claim under the Convention
Against Torture and Other Cruel,
Inhuman or Degrading Treatment or
Punishment, done at New York, December
10, 1984.
``(iii) Exception.--The Secretary may, in
the Secretary's sole and unreviewable
discretion, determine that a nonimmigrant is
not subject to clause (ii) if--
``(I) the alien was lawfully
inspected and admitted to the United
States as a nonimmigrant;
``(II) the alien filed a
nonfrivolous application for change of
status to another nonimmigrant category
or for an extension of stay before the
date on which the alien's authorized
period of stay as a nonimmigrant
expired;
``(III) the alien has not been
employed without authorization in the
United States, before or during
pendency of the application referred to
in subclause (II);
``(IV) the alien has not otherwise
violated the terms of the alien's
nonimmigrant status; and
``(V) the Secretary, in the
Secretary's sole and unreviewable
discretion, determines that the alien
is not a threat to national security or
public safety.
``(iv) Detention and expedited removal.--An
alien described in clause (ii) who remains in
the United States more than 30 days after the
date on which the period of stay authorized by
the Secretary ends, without good cause, shall
be detained and the Secretary shall
expeditiously remove the alien from the United
States not later than 90 days after the date on
which the alien is detained.
``(v) Limitation on judicial review.--
Notwithstanding any other provision of law
(statutory or nonstatutory), including section
2241 of title 28, United States Code, any other
habeas corpus provision, or sections 1361 and
1651 of such title, no court shall have
jurisdiction to review any cause or claim,
arising from, or relating to, the detention and
expedited removal of an alien pursuant to
clause (iv).''.
(b) Visa Waiver Program Waiver of Rights.--Section 217(b) of the
Immigration and Nationality Act (8 U.S.C. 1187(b)) is amended to read
as follows:
``(b) Waiver of Rights.--An alien may not be provided a waiver
under the program unless the alien has--
``(1) signed, under penalty of perjury, an acknowledgment
confirming that the alien was notified and understands that he
or she will be--
``(A) ineligible for any form of relief or
immigration benefit under the Act or any other
immigration laws, including sections 240A(b)(1),
240B(b), 245, 248, and 249 (other than a request for
asylum), relief as a victim of trafficking under
section 101(a)(15)(T), relief as a victim of criminal
activity under 101(A)(15)(U), relief under the Violence
Against Women Act of 1994 (42 U.S.C. 13701 et seq.) as
a spouse or child who has been battered or subjected to
extreme cruelty, relief as a battered spouse or child
under section 240A(b)(2), withholding of removal under
section 241(b)(3), or protection from removal based on
a claim under the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment,
done at New York, December 10, 1984; and
``(B) subject to detention and expedited removal
from the United States, if the alien fails to depart
from the United States at the end of the 90-day period
for admission;
``(2) waived any right to review or appeal under this Act
of an immigration officer's determination as to the
admissibility of the alien at the port of entry into the United
States; and
``(3) waived any right to contest any action for removal of
the alien.''.
(c) Detention and Repatriation of Visa Waiver Violators.--Section
217(c)(2)(E) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)(E)) is amended to read as follows:
``(E) Detention and repatriation of aliens.--Any
alien who fails to depart from the United States at the
end of the 90-day period for admission shall be
detained pending removal.''.
(d) Issuance of Nonimmigrant Visas.--Section 221(a) of the
Immigration and Nationality Act (8 U.S.C. 1201(a)) is amended by adding
at the end the following:
``(3) The Secretary of State shall ensure that every application
for a nonimmigrant visa includes an acknowledgment, executed by the
alien under penalty of perjury, confirming that the alien--
``(A) has been notified of the terms and conditions of the
nonimmigrant visa, including the waiver of rights under
subsection (j); and
``(B) understands that he or she will be ineligible for all
immigration benefits and any form of relief or protection from
removal, including relief under sections 240A(b)(1), 240B(b),
245, 248, and 249, other than a request for asylum, relief as a
victim of trafficking under section 101(a)(15)(T), relief as a
victim of criminal activity under 101(A)(15)(U), relief under
the Violence Against Women Act of 1994 (42 U.S.C. 13701 et
seq.) as a spouse or child who has been battered or subjected
to extreme cruelty, relief as a battered spouse or child under
section 240A(b)(2), withholding of removal under section
241(b)(3), or protection from removal based on a claim under
the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York, December
10, 1984, and from contesting removal if the alien violates any
term or condition of his or her nonimmigrant visa or fails to
depart the United States not later than 30 days after the end
of the alien's authorized period of stay.''.
(e) Bars to Immigration Relief.--Section 221 of the Immigration and
Nationality Act (8 U.S.C. 1201) is amended by adding at the end the
following:
``(j) Waiver of Rights.--The Secretary of State may not issue a
nonimmigrant visa under section 214 to an alien (other than an alien
who qualifies for a visa under subparagraph (A) or (G) of section
101(a)(15), who is eligible for relief under the Violence Against Women
Act of 1994 (42 U.S.C. 13701 et seq.) as a spouse or child who has been
battered or subjected to extreme cruelty, or qualifies for a visa as a
NATO-1, 2, 3, 4, 5, or 6 nonimmigrant) until the alien has waived any
right to relief under sections 240A(b)(1), 240B(b), 245, 248, and 249
(other than relief from removal under section 241(b)(3) or protection
from removal based on a claim under the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New
York, December 10, 1984), any form of relief established after the date
on which the nonimmigrant visa is issued, and from contesting removal
if the alien--
``(1) violates a term or condition of his or her
nonimmigrant status; or
``(2) fails to depart the United States not later than the
date that is 30 days after last day of the alien's authorized
period of stay (as described in section 214(a)(1)).''.
(f) Requirement That All Nonimmigrants Have a Specified Authorized
Period of Stay End Date.--Section 235(a) of the Immigration and
Nationality Act (8 U.S.C. 1225(a)) is amended by adding at the end the
following:
``(6) Period of stay.--Any alien who an examining
immigration officer has determined to be admissible as a
nonimmigrant, except for aliens who are admissible under
subparagraph (A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of
section 101(a)(15), or who such officer has determined to be
eligible for parole--
``(A) shall be admitted or paroled, as appropriate,
into the United States for a specific period; and
``(B) shall be issued documentation stating the end
date of the alien's period of stay in the United
States.''.
(g) Effective Date; Applicability.--
(1) In general.--This section and the amendments made by
this section shall--
(A) take effect on the date of enactment of this
Act; and
(B) apply only to new visas, initial admissions of
nonimmigrants, and initial requests for change of
status from a nonimmigrant category to another
nonimmigrant category under section 248 of the
Immigration and Nationality Act (8 U.S.C. 1258).
(2) Previously admitted individuals.--An individual
previously admitted to the United States on a nonimmigrant visa
who is present in the United States before the date of the
enactment of this Act shall not be subject to this section or
to the amendments made by this section until the alien departs
from the United States or requests a change of nonimmigrant
classification under section 248 of the Immigration and
Nationality Act (8 U.S.C. 1258).
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Homeland Security, Ways and Means, Agriculture, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Homeland Security, Ways and Means, Agriculture, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Homeland Security, Ways and Means, Agriculture, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Homeland Security, Ways and Means, Agriculture, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Homeland Security, Ways and Means, Agriculture, and Transportation and Infrastructure, 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 Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Homeland Security, Ways and Means, Agriculture, and Transportation and Infrastructure, 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 Subcommittee on Economic Development, Public Buildings, and Emergency Management.
Referred to the Subcommittee on Border Security, Facilitation, and Operations.
Referred to the Subcommittee on Immigration and Citizenship.