Protection of Children Act of 2021
This bill requires the removal of unaccompanied alien children in certain instances and amends related provisions.
An immigration officer must return an unaccompanied child apprehended at a land border to the child's country of nationality or last habitual residence if the child (1) is not a victim of severe trafficking, and (2) does not have a credible fear of persecution. Currently, an immigration officer may return the child only if such criteria is met and the child is from a contiguous country and able to make an independent decision to withdraw a petition for admission into the United States.
If the Department of Homeland Security (DHS) has determined that an unaccompanied child is a victim of severe trafficking or has a credible fear of persecution and DHS seeks to remove that child, removal proceedings with a hearing before an immigration judge shall be held within 14 days of the determination. Such a child shall have access to counsel, to the greatest extent practicable, and at no expense to the government. (Currently, the statute does not prohibit the government from bearing the expenses for such counsel.)
The bill extends and removes certain deadlines for transferring an unaccompanied alien child to Department of Health and Human Services (HHS) custody.
HHS, before placing a child with an individual, shall provide DHS with certain information about the individual. If the individual's immigration status is unknown, DHS shall investigate and initiate removal proceedings if the individual is unlawfully present.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1958 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1958
To amend the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 to provide for the expedited removal of
unaccompanied alien children who are not victims of a severe form of
trafficking in persons and who do not have a fear of returning to their
country of nationality or last habitual residence, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2021
Mr. Carter of Texas introduced the following bill; which was referred
to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To amend the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 to provide for the expedited removal of
unaccompanied alien children who are not victims of a severe form of
trafficking in persons and who do not have a fear of returning to their
country of nationality or last habitual residence, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Children Act of
2021''.
SEC. 2. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending the heading to read as
follows: ``Rules for unaccompanied alien
children.'';
(ii) in subparagraph (A);
(I) 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'';
(II) in clause (i), by inserting
``and'' at the end;
(III) in clause (ii), by striking
``; and'' and inserting a period; and
(IV) by striking clause (iii);
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``(8 U.S.C. 1101 et
seq.) may--'' and inserting ``(8 U.S.C.
1101 et seq.)--'';
(II) in clause (i), by inserting
before ``permit such child to
withdraw'' the following: ``may''; and
(III) in clause (ii), by inserting
before ``return such child'' the
following: ``shall''; and
(iv) in subparagraph (C)--
(I) by amending the heading to read
as follows: ``Agreements with foreign
countries.''; and
(II) in the matter preceding clause
(i), by striking ``The Secretary of
State shall negotiate agreements
between the United States and countries
contiguous to the United States'' and
inserting ``The Secretary of State may
negotiate agreements between the United
States and any foreign country that the
Secretary determines appropriate''; and
(B) in paragraph (5)(D)--
(i) in the matter preceding clause (i), by
striking ``, except for an unaccompanied alien
child from a contiguous country subject to the
exceptions under subsection (a)(2),'' and
inserting ``who does not meet the criteria
listed in paragraph (2)(A)''; and
(ii) in clause (i), by inserting before the
semicolon at the end the following: ``, which
shall include a hearing before an immigration
judge not later than 14 days after being
screened under paragraph (4)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
before the semicolon the following: ``believed
not to meet the criteria listed in subsection
(a)(2)(A)''; and
(ii) in subparagraph (B), by inserting
before the period the following: ``and does not
meet the criteria listed in subsection
(a)(2)(A)''; and
(B) in paragraph (3), by striking ``an
unaccompanied alien child in custody shall'' and all
that follows, and inserting the following: ``an
unaccompanied alien child in custody--
``(A) in the case of a child who does not meet the
criteria listed in subsection (a)(2)(A), shall transfer
the custody of such child to the Secretary of Health
and Human Services not later than 30 days after
determining that such child is an unaccompanied alien
child who does not meet such criteria; or
``(B) in the case of a child who meets the criteria
listed in subsection (a)(2)(A), may transfer the
custody of such child to the Secretary of Health and
Human Services after determining that such child is an
unaccompanied alien child who meets such criteria.'';
and
(3) in subsection (c)--
(A) in paragraph (3), by inserting at the end the
following:
``(D) Information about individuals with whom
children are placed.--
``(i) Information to be provided to
homeland security.--Before placing a child with
an individual, the Secretary of Health and
Human Services shall provide to the Secretary
of Homeland Security, regarding the individual
with whom the child will be placed, the
following information:
``(I) The name of the individual.
``(II) The social security number
of the individual.
``(III) The date of birth of the
individual.
``(IV) The location of the
individual's residence where the child
will be placed.
``(V) The immigration status of the
individual, if known.
``(VI) Contact information for the
individual.
``(ii) Special rule.--In the case of a
child who was apprehended on or after June 15,
2012, and before the date of the enactment of
the Protection of Children Act of 2021, who the
Secretary of Health and Human Services placed
with an individual, the Secretary shall provide
the information listed in clause (i) to the
Secretary of Homeland Security not later than
90 days after the date of the enactment of the
Protection of Children Act of 2021.
``(iii) Activities of the secretary of
homeland security.--Not later than 30 days
after receiving the information listed in
clause (i), the Secretary of Homeland Security
shall--
``(I) in the case that the
immigration status of an individual
with whom a child is placed is unknown,
investigate the immigration status of
that individual; and
``(II) upon determining that an
individual with whom a child is placed
is unlawfully present in the United
States, initiate removal proceedings
pursuant to chapter 4 of title II of
the Immigration and Nationality Act (8
U.S.C. 1221 et seq.).''; and
(B) in paragraph (5)--
(i) by inserting after ``to the greatest
extent practicable'' the following: ``(at no
expense to the Government)'';
(ii) by striking ``have counsel to
represent them'' and inserting ``have access to
counsel to represent them''.
(b) Effective Date.--The amendments made by this section shall
apply to any unauthorized alien child apprehended on or after June 15,
2012.
SEC. 3. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO
REUNITE WITH EITHER PARENT.
Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``1 or both of the
immigrant's parents'' and inserting ``either of the immigrant's
parents''.
SEC. 4. JURISDICTION OF ASYLUM APPLICATIONS.
Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1158) is amended by striking subparagraph (C).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
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