Bipartisan Border Solutions Act of 2021
This bill establishes regional processing centers for conducting immigration-related activities and addresses other related issues.
The Department of Homeland Security (DHS) shall establish at least four regional processing centers along the southern border in high-traffic Border Patrol sectors. These centers shall conduct processing activities such as criminal history checks, medical screenings, asylum interviews and credible fear determinations, and short-term detention of individuals.
The bill imposes various requirements, such as requiring the centers to (1) allow nongovernmental entities access to detained individuals to provide humanitarian or legal assistance, and (2) provide detained aliens access to legal counsel for certain asylum proceedings.
The bill also requires DHS and the Department of Justice (DOJ) to develop pilot programs to improve asylum decisions, credible fear determinations, access to counsel, and case management of aliens awaiting asylum hearings or decisions.
DOJ shall, to the greatest extent practicable, prioritize removal cases involving aliens apprehended while entering the United States during an irregular migration influx.
Before placing an unaccompanied alien child with an individual, the Department of Health and Human Services must conduct a criminal background check of each adult member of that individual's household. An alien child may not be placed in a household where an individual has been convicted of certain crimes, including offenses involving sex or domestic violence.
The bill also makes it a crime to make a materially false statement or knowingly use a false document to obtain custody of an unaccompanied alien child.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2839 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2839
To establish regional processing centers, to improve the asylum and
credible fear processes to promote fairness and efficiency, to require
immigration court docketing priorities during irregular migration
influx events, and to improve the capability of the Department of
Homeland Security to manage migration flows, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2021
Mr. Cuellar (for himself and Mr. Tony Gonzales of Texas) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Homeland Security, Ways and Means,
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 establish regional processing centers, to improve the asylum and
credible fear processes to promote fairness and efficiency, to require
immigration court docketing priorities during irregular migration
influx events, and to improve the capability of the Department of
Homeland Security to manage migration flows, 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 ``Bipartisan Border
Solutions Act of 2021''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Regional processing centers.
Sec. 4. Credible fear determination and asylum process improvement
pilot programs.
Sec. 5. Immigration court docketing priorities during irregular
migration influx events.
Sec. 6. Office for Civil Rights and Civil Liberties impact assessment.
Sec. 7. Plan to expand legal orientation program.
Sec. 8. Modifications to U.S. Customs and Border Protection standards
on transport, escort, detention, and search
to conform with legal orientation program
requirements.
Sec. 9. Standard operating procedures; facilities standards.
Sec. 10. Criminal background checks for sponsors of unaccompanied alien
children.
Sec. 11. Fraud in connection with the transfer of custody of
unaccompanied alien children.
Sec. 12. Accountability for children and taxpayers.
Sec. 13. Hiring authority.
Sec. 14. Reports to Congress.
Sec. 15. Improving the ability to transport migrants.
Sec. 16. Rule of construction.
Sec. 17. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Alien.--The term ``alien'' has the meaning given the
term in section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)).
(2) Appropriate committee of congress.--The term
``appropriate committee of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary
of the Senate; and
(B) the Committee on Homeland Security and the
Committee on the Judiciary of the House of
Representatives.
(3) Immigration laws.--The term ``immigration laws'' has
the meaning given the term in section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)).
(4) Irregular migration influx event.--The term ``irregular
migration influx event'' means a period during which there is a
significant increase in, or a sustained large number of,
Department of Homeland Security encounters with aliens who--
(A) do not use the formal immigration system of the
United States or the countries they are traveling
through; and
(B) intend to enter the United States.
(5) Legally determinative aspect of the asylum process.--
The term ``legally determinative aspect of the asylum process''
means any stage of the asylum process in which the alien is
present and evidence of an alien's credible fear of persecution
or eligibility for asylum is gathered or considered, or a
determination of an alien's credible fear of persecution or
eligibility for asylum is made, including--
(A) a credibility determination under section
208(b)(1)(B)(iii) of the Immigration and Nationality
Act (8 U.S.C. 1158(b)(1)(B)(iii));
(B) an asylum interview and credible fear
determination under section 235(b)(1)(B) of that Act;
(C) an immigration judge review of a negative
credible fear determination under clause (iii)(III) of
that section; and
(D) a removal proceeding under section 240 of that
Act.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) Unaccompanied alien child.--The term ``unaccompanied
alien child'' has the meaning give the term in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).
SEC. 3. 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 not fewer than 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 (referred to in this section as
a `regional processing center').
``(b) Purpose.--The regional processing centers shall carry out
processing and management activities, including--
``(1) criminal history checks;
``(2) identity verification;
``(3) biometrics collection and 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 reasonable fear determinations under section
241(b)(3)(B) of that Act (8 U.S.C. 1231(b)(3)(B));
``(6) facilitating coordination and communication between
Federal entities and nongovernmental organizations that are
directly involved in providing assistance to aliens;
``(7) legal orientation programming and communication
between aliens and outside legal counsel;
``(8) issuance of legal documents relating to immigration
court proceedings of aliens;
``(9) short-term detention of not more than 72 hours before
release or transfer to another facility; and
``(10) any other activity the Secretary considers
appropriate.
``(c) Personnel and Living Conditions.--The regional processing
centers 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;
``(2) upon agreement with an applicable Federal agency,
personnel from such Federal agency who are assigned to the
regional processing center;
``(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;
``(6) child advocates appointed by the Secretary of Health
and Human Services under section 235(c)(6)(B) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 (8 U.S.C. 1232(c)(6)(B)); and
``(7) sufficient space to carry out the processing and
management activities described in subsection (b).
``(d) Criminal History Checks.--Each criminal history check carried
out under subsection (b)(1) shall be conducted using a set of
fingerprints or other biometric identifier obtained from--
``(1) the Federal Bureau of Investigation;
``(2) the criminal history repositories of all States that
the individual listed as a current or former residence; and
``(3) any other appropriate Federal or State database
resource or repository, as determined by the Secretary.
``(e) 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.
``(f) Donations.--The Department may accept donations from private
entities, nongovernmental organizations, and other groups independent
of the Federal Government for the care of children and family units
detained at a regional processing center, including--
``(1) medical goods and services;
``(2) school supplies;
``(3) toys;
``(4) clothing; and
``(5) any other item intended to promote the well-being of
such children and family units.
``(g) Access to Facilities for Private Entities and Nongovernmental
Organizations.--
``(1) In general.--Private entities and nongovernmental
organizations that are directly involved in providing
humanitarian or legal assistance to families and individuals
encountered by the Department along the southwest border of the
United States, or organizations that provide assistance to
detained individuals, shall have access to regional processing
centers for purposes of--
``(A) legal orientation programming;
``(B) coordination with the Department with respect
to the care of families and individuals held in
regional processing centers, including the care of
families and individuals who are released or scheduled
to be released;
``(C) communication between aliens and outside
legal counsel;
``(D) the provision of humanitarian assistance; and
``(E) any other purpose the Secretary considers
appropriate.
``(2) Access plan.--Not later than 60 days after the date
of the enactment of this section, the Secretary shall publish
in the Federal Register procedures relating to access to
regional processing centers under paragraph (1) that ensure--
``(A) the safety of personnel of, and aliens
detained in, regional processing centers; and
``(B) the orderly management and operation of
regional processing centers.
``(h) Legal Counsel.--Aliens detained in a regional processing
center shall have access to legal counsel in accordance with section
292 of the Immigration and Nationality Act (8 U.S.C. 1362), including
the opportunity to consult with counsel before any legally
determinative aspect of the asylum process occurs.
``(i) Procedures To Facilitate Communication With Counsel.--The
Secretary shall develop written procedures to permit aliens detained in
a regional processing center to visit with, and make confidential
telephone calls to, legal representatives and legal services providers
and to receive incoming calls from legal representatives and legal
services providers, in a private and confidential space while in
custody, for the purposes of retaining or consulting with counsel or
obtaining legal advice from legal services providers.
``(j) Legal Orientation.--
``(1) In general.--An alien detained in a regional
processing center shall be provided the opportunity to receive
a complete legal orientation presentation administered by a
nongovernmental organization in cooperation with the Executive
Office for Immigration Review.
``(2) Timeline.--
``(A) In general.--The Secretary shall prioritize
the provision of the legal orientation presentation
required by paragraph (1) to an alien within 12 hours
of apprehension.
``(B) Requirement.--In the case of an alien who
does not receive such legal orientation presentation
within 12 hours of apprehension, the Secretary shall
ensure that the alien receives the presentation--
``(i) not later than 24 hours after
apprehension; and
``(ii) not less than 24 hours before the
alien initially appears before an asylum
officer or immigration judge in connection with
a claim for asylum.
``(k) Management of Regional Processing Centers.--
``(1) Operation.--The Commissioner of U.S. Customs and
Border Protection, in consultation with the interagency
coordinating council established under paragraph (2), shall
operate the regional processing centers.
``(2) Interagency coordinating committee.--
``(A) Establishment.--There is established an
interagency coordinating committee for the purpose of
coordinating operations and management of the regional
processing centers.
``(B) Membership.--The interagency coordinating
committee shall be chaired by the Commissioner of U.S.
Customs and Border Protection, or his or her designee,
and shall include representatives designated by the
heads of the following agencies:
``(i) U.S. Immigration and Customs
Enforcement.
``(ii) The Federal Emergency Management
Agency.
``(iii) U.S. Citizenship and Immigration
Services.
``(iv) The Office of Refugee Resettlement.
``(v) Any other agency that supplies
personnel to the regional processing centers,
upon agreement between the Commissioner of U.S.
Customs and Border Protection and the head of
such other agency.''.
SEC. 4. CREDIBLE FEAR DETERMINATION AND ASYLUM PROCESS IMPROVEMENT
PILOT PROGRAMS.
(a) In General.--The Secretary and the Attorney General shall
develop pilot programs to facilitate--
(1) fair and more efficient asylum decisions under section
208(b) of the Immigration and Nationality Act (8 U.S.C.
1158(b));
(2) fair and more efficient credible fear determinations
under section 235(b)(1)(B) of that Act (8 U.S.C.
1225(b)(1)(B));
(3) improved access to legal counsel; and
(4) improved case management of aliens awaiting asylum
hearings or decisions.
(b) Implementation.--
(1) Workforce plan.--The Secretary and the Attorney General
shall not implement any pilot program under this section until
the workforce plan described in subsection (d) is fully
implemented.
(2) Legal orientation programs.--The Attorney General and
the Secretary shall ensure that each alien enrolled in a pilot
program under this section receives a complete, live legal
orientation presentation before any legally determinative
aspect of the asylum process occurs.
(3) Notice to congress.--Not less than 90 days before the
implementation of any new asylum processing policy or procedure
under this section, the Secretary and the Attorney General
shall provide to the appropriate committees of Congress notice
of such implementation, including a description of any
modification to a policy, procedure, practice, or training
related to asylum processing.
(c) Scope of Pilot Programs.--
(1) In general.--The goal of the pilot programs under this
section shall be to develop strategies to improve the asylum
process to determine a final disposition fairly and more
efficiently while ensuring that aliens apprehended along the
southwest border and placed into removal proceedings are given
a fair opportunity to effectively make an asylum claim or other
relevant claim for relief, including the opportunity to retain
and consult with counsel under section 292 of the Immigration
and Nationality Act (8 U.S.C. 1362) before any legally
determinative aspect of the asylum process occurs.
(2) Prohibition on participation.--The Secretary and the
Attorney General may not enroll in a pilot program under this
section--
(A) an unaccompanied alien child;
(B) a pregnant individual; or
(C) an individual with a disability or an acute
medical condition.
(3) Fairness in proceedings.--The Secretary and the
Attorney General shall take every appropriate step to ensure
that each pilot program participant has a full opportunity to
exercise all legal process rights afforded under law.
(4) Access to counsel.--The pilot programs under this
section shall be fully compliant with section 292 of the
Immigration and Nationality Act (8 U.S.C. 1362), and the
Secretary and the Attorney General shall consult with
nongovernmental organizations to facilitate access to counsel
for pilot program participants.
(5) Case management programming.--The pilot programs under
this section may include case management programming for
participants who are awaiting immigration court hearings, which
may include--
(A) the provision of information about legal
rights, responsibilities, and procedures;
(B) basic assistance in identifying relevant forms
and documents;
(C) facilitating the attendance of aliens at their
immigration court hearings; and
(D) any other relevant case management assistance
the Secretary and the Attorney General consider
appropriate.
(6) Right to judicial review.--Participation in a pilot
program under this section shall not abrogate any existing
right of an alien to request judicial review, including under
section 242 of the Immigration and Nationality Act (8 U.S.C.
1252), of a decision related to his or her case.
(d) Staffing Requirements.--The Secretary shall--
(1) identify the staffing requirements necessary to carry
out the pilot programs under this section, including the number
of trained U.S. Citizenship and Immigration Services officers
necessary to conduct all asylum interviews, credible fear
interviews, and reasonable fear interviews; and
(2) develop a workforce plan for each such pilot program.
(e) Access to Counsel.--
(1) In general.--Each alien enrolled in a pilot program
under this section shall be afforded an opportunity to consult
with 1 or more individuals of their choosing in a private
consultation area, prior to a credible fear interview under
section 235(b)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)).
(2) List of legal services providers.--Each alien enrolled
in such a pilot program shall be provided a contact list of
potential legal resources and providers.
(3) Procedures to facilitate communication with counsel.--
The Secretary shall develop written procedures to permit aliens
enrolled in such a pilot program to make telephone calls at no
cost to legal representatives and legal services providers and
to receive incoming calls from legal representatives and legal
services providers in a private and confidential space.
(f) Language Access.--
(1) In general.--The Secretary and the Attorney General
shall provide each alien enrolled in a pilot program under this
section with any written materials produced by the Department
of Homeland Security or the Department of Justice in a language
the alien understands.
(2) Verbal explanation.--In the case of an alien who is
unable to read the written materials provided under paragraph
(1), the Secretary and the Attorney General shall ensure that
the materials are explained verbally to the alien in a language
the alien understands.
(g) Legal Orientation.--Not later than 24 hours after apprehension,
and not less than 24 hours before initially appearing before an asylum
officer or immigration judge in connection with a claim for asylum, an
alien enrolled in a pilot program under this section shall be provided
the opportunity to receive a complete legal orientation presentation
administered in cooperation with the Executive Office for Immigration
Review.
(h) Evaluation Plan.--Not later than the date on which
implementation of a pilot program under this section commences or not
later than 180 days after the date of the enactment of this Act,
whichever is earlier, the Secretary and the Attorney General shall
submit to appropriate committees of Congress an evaluation plan for the
pilot program that includes the following:
(1) Well-defined, clear, and measurable objectives.
(2) Performance criteria or standards for determining the
performance of the pilot program.
(3) Clearly articulated evaluation methodology, including--
(A) sound sampling methods;
(B) a determination of the appropriate sample size
for the evaluation design; and
(C) a strategy for tracking the pilot program's
performance and evaluating the final results.
(4) A plan detailing the sources of data necessary to
evaluate the pilot program, methods for data collection, and
the timing and frequency of data collection.
(i) Notice to Congress.--
(1) In general.--Not less than 90 days before the
implementation of a pilot program under this section, the
Secretary and the Attorney General shall provide to the
appropriate committees of Congress notice of such
implementation, including a description of any modification to
a pilot program policy, procedure, practice, or training
relating to asylum processing.
(2) Elements.--Each notice required by paragraph (1) shall
include a description of the following:
(A) The procedures and policies to ensure all
asylum interviews are conducted by trained U.S.
Citizenship and Immigration Services asylum officers.
(B) The procedures and policies to ensure credible
fear interviews are only done remotely in limited and
exigent circumstances and the likely exigent
circumstances that the officers conducing the pilot
program may encounter.
(C) The procedures and policies to ensure any
credible fear interviews done remotely shall be
videotaped and a written transcript shall be produced.
(D) Procedures and policies used to ensure
questions asked by Department of Homeland Security
personnel who exercise expedited removal authority
under section 235(b) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)) are asked in a uniform manner,
to the greatest extent possible.
(j) Report to Congress.--
(1) In general.--Not later than 1 year after the date on
which implementation of a pilot program under this section
commences or not later than 1 year after the date of the
enactment of this Act, whichever is earlier, and annually
thereafter until the date on which the pilot program
terminates, the Secretary and the Attorney General shall submit
to the appropriate committees of Congress a report on the pilot
programs under this section.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) An evaluation of the pilot program using the
evaluation plan described in subsection (h).
(B) A discussion of the performance criteria or
standards established under subsection (h)(2) and an
assessment as to whether modifications to the criteria
or standards are necessary.
(C) An assessment of the staffing levels necessary
to carry out the pilot program and a description of any
effect of current staffing levels on the ability of the
Secretary to carry out the responsibilities of the
Secretary with respect to border security.
(D) A description of the resources required to
transport aliens in connection with the pilot program.
(E) A description of the resources necessary to
improve legal orientation presentations and access to
counsel in connection with the pilot program,
consistent with section 7.
(F) A description of the information technology
systems used in connection with the pilot program and
an assessment as to whether additional resources or
upgrades are necessary.
(G) An analysis of the effect of access to counsel
under subsection (e) and language access under
subsection (f) on the outcomes of credible fear
determinations under section 235(b)(1)(B) of the
Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(B)).
(H) Recommendations for any legislative changes
needed to further implement or expand the pilot
programs.
(I) An explanation of any impediment to
implementing the pilot programs, if relevant.
(k) Rule of Construction.--Nothing in this section may be construed
to authorize an extension of the duration for which an alien would
otherwise be detained.
(l) Termination of Authority.--The authority of the Secretary and
the Attorney General to carry out this section shall terminate on the
date that is 3 years after the date of the enactment of this Act.
SEC. 5. IMMIGRATION COURT DOCKETING PRIORITIES DURING IRREGULAR
MIGRATION INFLUX EVENTS.
(a) In General.--The Attorney General shall, to the greatest extent
practicable, prioritize docketing and processing of removal cases under
section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) for
aliens who are apprehended on entering the United States in connection
with an irregular migration influx event.
(b) Irregular Migration Influx Events.--The Attorney General, in
consultation with the Secretary, shall establish criteria for
determining when an irregular migration influx event commences and ends
for purposes of carrying out the docketing priorities under subsection
(a).
(c) Access to Legal Counsel.--The Attorney General shall ensure
that any master calendar or merits hearing in a removal case
prioritized under subsection (a) is scheduled on a date and at a time
that permits the alien a fair and reasonable opportunity to consult
with and retain counsel prior to such hearing, consistent with section
292 of the Immigration and Nationality Act (8 U.S.C. 1362).
(d) Report to Congress.--Not later than December 31, 2021, the
Attorney General shall submit to the appropriate committees of Congress
a report that includes--
(1) the number of aliens who were apprehended after
entering the United States in connection with an irregular
migration influx event identified in accordance with subsection
(b) and placed in removal proceedings under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a), organized by
the fiscal year in which the apprehension occurred and stating
the number of single adults, unaccompanied alien children, and
aliens that are apprehended as part of a family unit;
(2) the number of aliens identified under paragraph (1) who
appeared at master calendar hearings, including--
(A) the number and percentage represented by
counsel at such hearings; and
(B) the average number of days between apprehension
and such hearings;
(3) the number of in absentia orders of removal issued to
aliens identified under paragraph (1) at master calendar
hearings, including the number of such aliens represented by
counsel;
(4) the number of aliens identified under paragraph (1) who
appeared at final merits hearings, including the number and
percentage represented by counsel at such hearings, and the
average number of days between apprehension and such hearings;
and
(5) the number of in absentia orders of removal issued to
aliens identified under paragraph (1) at final merits hearings,
including the number of such aliens represented by counsel.
(e) Rule of Construction.--Nothing in this section shall be
construed to permit the Attorney General to adopt abbreviated
procedures in connection with adjudication of removal cases prioritized
under subsection (a) beyond the extent permitted by law.
SEC. 6. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES IMPACT ASSESSMENT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Officer for Civil Rights and Civil Liberties
of the Department shall complete a full impact assessment of asylum
processing and determinations with respect to credible fear of
persecution carried out at--
(1) regional processing centers established under section
437(a) of the Homeland Security Act of 2002; and
(2) any other Department of Homeland Security facility at
which a legally determinative aspect of the asylum process
occurs.
(b) Elements.--The impact assessment required by subsection (a)
shall include--
(1) a description of the considerations relating to civil
rights and civil liberties taken into account by the Secretary
in developing and implementing asylum processing at such
regional processing centers;
(2) a description of--
(A) with respect to potential civil rights and
civil liberties violations, stakeholder feedback
gathered before and during the implementation of asylum
processing at regional processing centers; and
(B) the steps taken by the Secretary to gather and
respond to such feedback and any changes made to asylum
processing based on such feedback;
(3) an assessment of the ability of the language access
plans of the Department of Homeland Security to allow
Department personnel to communicate effectively with aliens
with limited English proficiency who are placed in asylum
processing, including any specific challenges faced by speakers
of indigenous languages;
(4) a review of the language access plan of each component
of the Department of Homeland Security to ensure each language
access plan provides uniform guidance so as to allow Department
personnel to communicate effectively with aliens with limited
English proficiency, including speakers of indigenous
languages, during asylum processing;
(5) a review of any negative impact on the ability of the
Department of Homeland Security to process aliens during the
asylum process due to language deficiencies and translation
difficulties, including longer processing times, increased
expenses as a result of increased translation services, and
increases in the length of time aliens are detained by the
Department;
(6) an assessment of the impact of current Department of
Homeland Security policies and procedures for processing and
adjudicating asylum claims, including language access plans and
other accommodations, on vulnerable populations, especially
on--
(A) individuals with mental health challenges,
trauma, or physical health conditions; and
(B) pregnant individuals;
(7) any other current or historical guidance or policy
review provided by the Office for Civil Rights and Civil
Liberties to Department of Homeland Security components
regarding asylum processing programs previously implemented or
used by the Department; and
(8) any other element--
(A) the Officer for Civil Rights and Civil
Liberties of the Department considers necessary;
(B) required by law; or
(C) requested by the Secretary.
(c) Report.--
(1) In general.--Not later than 90 days after the date on
which the impact assessment required by subsection (a) is
completed, the Officer for Civil Rights and Civil Liberties of
the Department of Homeland Security shall submit to the
Secretary and the appropriate committees of Congress a report
on the results of the impact assessment.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) a description of potential civil rights and
civil liberties violations that are directly related
to--
(i) whether the Department of Homeland
Security's practices, standards, guidelines,
and regulations ensure that aliens who
experience language barriers, illiteracy,
mental health issues, trauma, physical health
conditions, pregnancy, or other conditions are
not at a disadvantage with respect to credible
fear determinations under section 235(b) of the
Immigration and Nationality Act (8 U.S.C.
1225(b));
(ii) an alien's--
(I) inability to understand basic
explanations of legal information; or
(II) limited English proficiency;
and
(iii) an alien's inability to consult with
1 or more individuals of his or her choosing
before such interview;
(B) an assessment of the impact of expedited asylum
processing initiatives operated by the Department of
Homeland Security during the 10-year period preceding
the date of the enactment of this Act on the civil
rights and civil liberties of migrants enrolled in such
initiatives;
(C) an assessment of any other civil rights or
civil liberties violation relating to asylum
processing;
(D) recommended updates to the language access plan
of any component of the Department of Homeland Security
to prevent the potential civil rights and civil
liberties violations identified under subparagraph (A);
(E) recommendations--
(i) to improve the processing and
adjudication of speakers of indigenous
languages; and
(ii) to adapt language access plans to
accommodate such individuals;
(F) recommendations for the appropriate use by
Department of Homeland Security components of updated
language access plans;
(G) recommended modifications to improve asylum
processes to better serve vulnerable populations such
as those with mental or physical health challenges,
trauma, and pregnant individuals;
(H) recommended modifications to policies and
procedures relating to asylum processing that would
allow asylum processing to achieve compliance with
current standards and guidelines of the Office for
Civil Rights and Civil Liberties of the Department; and
(I) any other recommendation the Officer for Civil
Rights and Civil Liberties considers appropriate.
(d) Implementation Plan.--
(1) In general.--Not later than 60 days after the date on
which the Officer for Civil Rights and Civil Liberties of the
Department of Homeland Security submits the report under
subsection (c), the Secretary shall submit to the appropriate
committees of Congress an implementation plan that addresses
the findings and recommendations contained in the report.
(2) Elements.--The implementation plan required by
paragraph (1) shall include a description of--
(A) the recommendations contained in the report
under subsection (c) addressed by the plan;
(B) any such recommendation not addressed by the
plan and a justification for declining to address the
recommendation; and
(C) any other matter the Secretary considers
relevant to the implementation of such recommendations.
(3) Publication.--Not later than the date on which the
Secretary submits the plan required by paragraph (1), the
Secretary shall publish the plan in the Federal Register.
SEC. 7. PLAN TO EXPAND LEGAL ORIENTATION PROGRAM.
(a) Interim Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall develop and
submit to the appropriate committees of Congress an interim
plan to expand the legal orientation program to each regional
processing center established under section 437(a) of the
Homeland Security Act of 2002 and any other Department of
Homeland Security facility at which--
(A) 1 or more aliens are detained following
apprehension by U.S. Customs and Border Protection; and
(B) any legally determinative aspect of the asylum
process occurs.
(2) Elements.--The interim plan required by paragraph (1)
shall include--
(A) a list of the critical items required for a
final legal orientation plan that cannot be implemented
in the interim plan due to necessary logistical and
procedural changes at each facility at which
assessments for credible fear of persecution, or other
aspects of the asylum process, occur;
(B) a description of the manner in which the legal
orientation program will be immediately adapted to
assist aliens detained at Department of Homeland
Security facilities, including such regional processing
centers;
(C) a description of the manner in which access to
counsel will be facilitated for such aliens who are
subject to any type of asylum processing; and
(D) a list of Department of Homeland Security
facilities--
(i) at which asylum processing occurs; and
(ii) that are capable of providing basic
legal orientation services, including through a
remote interface.
(3) Implementation.--The Secretary shall commence
implementation of the interim plan beginning not later than 60
days after the submittal of the plan under paragraph (1) and
ending on the date on which implementation of the final plan
described in subsection (b) commences.
(4) Public consultation.--In developing the interim plan
under paragraph (1), the Secretary shall consult with
nongovernmental organizations, legal services providers, and
any other entity the Secretary considers appropriate.
(b) Final Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall develop and
submit to the appropriate committees of Congress a final plan
to expand the legal orientation program to each Department of
Homeland Security facility at which--
(A) 1 or more aliens are detained; and
(B) any legally determinative aspect of the asylum
process occurs.
(2) Elements.--The final plan required by paragraph (1)
shall include--
(A) a consultation with the Director of the
Executive Office for Immigration Review to determine
the most efficient and effective manner by which to
expand or modify legal orientation program requirements
and standards to include aliens seeking asylum
protections at each Department of Homeland Security
facility at which any part of the asylum process,
including credible fear interviews, occurs;
(B) an assessment of necessary procedural and
programmatic changes to the legal orientation program
that will best accommodate such aliens;
(C) an assessment of challenges to expanding the
legal orientation program to facilities that cannot be
met by the interim plan under subsection (a);
(D) a requirement that legal orientation program
sessions shall provide explanations of all expedited
asylum processing programs and procedures and relevant
forms of relief under the immigration laws;
(E) a requirement that legal orientation programs
shall include access to self-help legal materials and
communication with available pro bono legal
representatives;
(F) a requirement that private and confidential
space shall be provided to such aliens, if they wish to
use it, for individual legal orientation and
consultation and telephone calls with nonprofit
organizations and legal representatives before--
(i) hearings relating to credible fear of
persecution;
(ii) any Executive Office for Immigration
Review hearing;
(iii) any legally determinative aspect of
the asylum process; or
(iv) any other legal proceeding or
consultation related to an asylum claim;
(G) protocols that allow such aliens to make and
receive telephone calls to legal representatives, at no
cost to such aliens, while detained at the Department
of Homeland Security facility; and
(H) a requirement that--
(i) legal orientation programs shall ensure
that written notice of legal rights is made
available to such aliens in English and in not
fewer than the 5 most common native languages
spoken by aliens in custody at each Department
of Homeland Security facility during the
preceding fiscal year;
(ii) protocols shall be established to
provide written or oral translation of
materials that Department of Homeland Security
produces for legal orientation programs or that
Department of Homeland Security contracts with
outside entities for use in a legal orientation
programs for such aliens who do not speak a
language described in clause (i), including--
(I) development of a list of all
languages spoken by aliens encountered
in the preceding 1-year period;
(II) procedures for providing oral
interpretation services if it is not
possible to produce a written
translation in a manner that will not
unreasonably prolong an alien's time in
custody, or if the alien is unable to
read written materials; and
(III) an after-action plan for
improving future responses after a
language is encountered for which the
Department of Homeland Security is
unable to timely develop written
materials; and
(I) the Secretary shall have in place at each
Department of Homeland Security facility--
(i) a feasible plan to provide language
translation or interpretation services for any
alien in a language the alien understands; and
(ii) a list of translation and
interpretation services and resources readily
available to meet translation needs.
(3) Implementation.--Not later than 90 days after the
submittal of the final plan required by paragraph (1), the
Secretary shall commence implementation of the plan.
(c) Procedures To Ensure Availability.--
(1) In general.--The Secretary, in consultation with the
Attorney General, shall develop and implement procedures--
(A) to ensure that legal orientation programs are
available for all detained aliens not later than 12
hours after being taken into custody at a Department of
Homeland Security facility; and
(B) to provide such aliens with information
relating to--
(i) the basic procedures of immigration
hearings;
(ii) the rights of aliens under the
immigration laws with respect to such hearings;
(iii) the consequences of filing a
frivolous legal claim or knowingly making a
false statement in the course of a hearing; and
(iv) any other matter the Secretary, in
consultation with the Attorney General,
considers appropriate.
(2) Elements.--The procedures developed under paragraph (1)
shall include--
(A) the provision to aliens of a contact list of
potential legal resources and providers;
(B) the provision of a clear explanation, in a
language the alien fully understands, of the asylum
process and standards relating to assessments for
credible fear of persecution;
(C) a requirement to provide group orientations to
aliens apprehended by U.S. Customs and Border
Protection regarding asylum processing programs,
including applicable pilot programs established under
section 4, and forms of relief under the immigration
laws;
(D) a requirement to provide aliens with access to
self-help legal materials and communication with
available pro bono legal representatives;
(E) protocols to allow aliens to make telephone
calls to legal representatives and to receive incoming
calls from legal representatives in a private and
confidential space while in custody at Department of
Homeland Security facilities; and
(F) a requirement to provide clear guidance to
aliens on--
(i) additional procedural steps that occur
after an interview with respect to credible
fear of persecution;
(ii) relevant forms required to be
submitted to apply for asylum or withholding of
removal;
(iii) information that aliens are required
to update as their cases are processed by U.S.
Citizenship and Immigration Services and the
Executive Office for Immigration Review; and
(iv) the consequences of failing to appear
at any proceeding before the Executive Office
for Immigration Review, and an explanation of
the legal significance of an in absentia order
of removal.
SEC. 8. MODIFICATIONS TO U.S. CUSTOMS AND BORDER PROTECTION STANDARDS
ON TRANSPORT, ESCORT, DETENTION, AND SEARCH TO CONFORM
WITH LEGAL ORIENTATION PROGRAM REQUIREMENTS.
(a) Interim Plan.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall--
(1) complete an assessment of the modifications to U.S.
Customs and Border Protection transport, escort, detention, and
search standards necessary--
(A) to implement the interim plan for expanded
legal orientation and access programs under section
7(a); and
(B) to ensure--
(i) the safety of personnel of, and aliens
detained in, U.S. Customs and Border Protection
facilities; and
(ii) orderly management and operation of
such facilities; and
(2) implement such modifications.
(b) Final Plan.--Not later than 30 days after the submittal of the
final plan under section 7(b), the Secretary shall--
(1) complete an assessment of the modifications to U.S.
Customs and Border Protection transport, escort, detention, and
search standards necessary--
(A) to implement the final plan for expanded legal
orientation and access programs under such section; and
(B) to ensure--
(i) the safety of personnel of, and aliens
detained in, U.S. Customs and Border
facilities; and
(ii) orderly management and operation of
such facilities; and
(2) implement such modifications.
(c) Elements.--The modifications under subsection (a) and (b) shall
include the development of protocols and procedures to allow employees
of nonprofit organizations and legal representatives to enter U.S.
Customs and Border Protection facilities to carry out legal orientation
programming, communication between aliens and outside counsel, and any
other activity the Secretary considers appropriate.
SEC. 9. 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
shall review and update the regulations under part 115 of title
6, Code of Federal Regulations, that 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 shall review and
update the regulations referred to in paragraph (1) not less
frequently than once every 4 years.
SEC. 10. CRIMINAL BACKGROUND CHECKS FOR SPONSORS OF UNACCOMPANIED ALIEN
CHILDREN.
(a) In General.--Section 235(c) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), in the first sentence, by
striking ``subparagraph (B)'' and inserting
``subparagraphs (B) and (C)'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) Criminal background checks.--
``(i) In general.--Before placing an
unaccompanied alien child with an individual,
the Secretary of Health and Human Services
shall--
``(I) conduct a criminal history
background check on the individual and
each adult member of the individual's
household; and
``(II) if appropriate, collect
biometric samples in connection with
any such background check.
``(ii) Scope.--
``(I) In general.--Each biometric
criminal history background check
required under clause (i) shall be
conducted through--
``(aa) the Federal Bureau
of Investigation;
``(bb) criminal history
repositories of each State the
individual lists as a current
or former residence; and
``(cc) any other Federal or
State database or repository
the Secretary of Health and
Human Services considers
appropriate.
``(II) Use of rapid dna
instruments.--DNA analysis of a DNA
sample collected under subclause (I)
may be carried out with Rapid DNA
instruments (as defined in section 3(c)
of the DNA Analysis Backlog Elimination
Act of 2000 (34 U.S.C. 40702(c))).
``(III) Limitation on use of
biometric samples.--The Secretary of
Health and Human Services may not
release a fingerprint or DNA sample
collected, or disclose the results of a
fingerprint or DNA analysis conducted
under this subparagraph, or any other
information obtained pursuant to this
section, to the Department of Homeland
Security for any immigration
enforcement purpose.
``(IV) Access to information
through the department of homeland
security.--Not later than 14 days after
receiving a request from the Secretary
of Health and Human Services, the
Secretary of Homeland Security shall
provide information necessary to
conduct suitability assessments from
appropriate Federal, State, and local
law enforcement and immigration
databases.
``(iii) Prohibition on placement with
individuals convicted of certain offenses.--The
Secretary of Health and Human Services may not
place an unaccompanied alien child in the
custody or household of an individual who has
been convicted of, or is currently being tried
for--
``(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);
``(III) a crime of domestic
violence (as defined in section
40002(a) of the Violence Against Women
Act (34 U.S.C. 12291(a));
``(IV) a crime of child abuse and
neglect (as defined in section 3 of the
Child Abuse Prevention and Treatment
Act (Public Law 93-247; 42 U.S.C. 5101
note));
``(V) murder, manslaughter, or an
attempt to commit murder or
manslaughter (within the meanings of
such terms in sections 1111, 1112, and
1113 of title 18, United States Code);
or
``(VI) a crime involving receipt,
distribution, or possession of a visual
depiction of a minor engaging in
sexually explicit conduct (within the
meanings of such terms in section 2252
of title 18, United States Code).'';
and
(D) by adding at the end the following:
``(E) Well-being follow-up calls.--Not later than
30 days after the date on which an unaccompanied alien
child is released from the custody of the Secretary of
Health and Human Services, and every 60 days thereafter
until the date on which a final decision has been
issued in the removal proceedings of the child or such
proceedings are terminated, the Secretary shall conduct
a follow-up telephone call with the unaccompanied alien
child and the child's custodian or the primary point of
contact for any other entity with which the child was
placed.
``(F) Change of address.--The Secretary of Health
and Human Services shall--
``(i) require each custodian with whom an
unaccompanied alien child is placed under this
subsection to notify the Secretary with respect
to any change in the unaccompanied alien
child's physical or mailing address, including
any situation in which the unaccompanied alien
child permanently departs the custodian's
residence, not later than 7 days after the date
on which such change or departure occurs; and
``(ii) develop and implement a system that
permits custodians to submit notifications
electronically with respect to a change of
address.''.
(b) Collection and Compilation of Statistical Information.--Section
462(b)(1)(K) of the Homeland Security Act of 2002 (6 U.S.C.
279(b)(1)(K)) is amended by striking ``; and'' and inserting ``,
including--
``(i) the average length of time from
apprehension to the child's master calendar
hearing, organized by the fiscal year in which
the children were apprehended by U.S. Customs
and Border Protection;
``(ii) the number of children identified
under clause (i) who did and did not appear at
master calendar hearings, including the
percentage of children in each category who
were represented by counsel;
``(iii) the average length of time from
apprehension to the child's merits hearing,
organized by the fiscal year in which the
children were apprehended by U.S. Customs and
Border Protection;
``(iv) the number of children identified
under clause (i) who did and did not appear at
merits hearings, including the percentage of
children in each category who are represented
by counsel; and
``(v) the total number of well-being
follow-up calls conducted under section 235 of
the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8
U.S.C. 1232(c)(3)(E)) at each time interval
following placement with a custodian or other
entity, and the number of children that the
Secretary of Health and Human Services is
unable to contact at each interval, organized
by the fiscal year in which the children were
apprehended by U.S. Customs and Border
Protection; and''.
SEC. 11. 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. 12. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.
(a) In General.--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) Inspection of facilities.--
``(A) Facilities used by secretary of health and
human services.--The Inspector General of the
Department of Health and Human Services shall conduct
regular inspections of facilities used 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 an efficient and effective
manner while also ensuring--
``(i) the safety of unaccompanied alien
children; and
``(ii) that unaccompanied alien children--
``(I) have access to information
relevant to their removal proceedings
and claims for relief; and
``(II) are able to communicate
efficaciously with their legal
representatives.
``(B) Facilities used by the secretary of homeland
security.--The Inspector General of the Department of
Homeland Security shall conduct regular inspections of
facilities, including temporary facilities and
facilities built or obtained for use to deal with an
irregular migration influx, used by the Secretary of
Homeland Security in which unaccompanied alien children
and family units are detained, to ensure that--
``(i) such facilities are operated in an
efficient and effective manner; and
``(ii) unaccompanied alien child and family
units--
``(I) have access to information
relevant to their removal proceedings
and claims for relief; and
``(II) are able to communicate
efficaciously with their legal
representatives.
``(6) Report on facility operation costs.--Not less
frequently than annually, the Secretary of Health and Human
Services and the Secretary of Homeland Security shall each
submit to the Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on the Judiciary and the Committee on Homeland
Security of the House of Representatives a report detailing,
for each facility described in subparagraph (A) or (B) of
paragraph (5), respectively--
``(A) the average daily cost for each unaccompanied
alien child housed or detained at such facility;
``(B) the average cost over the entire system; and
``(C) in the case of such a facility the average
daily cost per child of which significantly exceeds the
average cost over the entire system, an explanation of
expenditures.''.
SEC. 13. HIRING AUTHORITY.
(a) U.S. Customs and Border Protection.--
(1) In general.--The Commissioner of U.S. Customs and
Border Protection shall hire, train, and assign--
(A) 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 Workforce
Staffing Model;
(B) support staff, including technicians, to
perform non-law enforcement administrative functions to
support the new Office of Field Operations officers
hired pursuant to subparagraph (A); and
(C) not fewer than 250 Border Patrol processing
coordinators.
(2) Traffic forecasts.--In calculating the number of Office
of Field Operations officers needed at each port of entry
through the Workforce Staffing Model, the Commissioner of U.S.
Customs and Border Protection shall--
(A) rely on data collected regarding the
inspections and other activities conducted at each such
port of entry; and
(B) consider volume from seasonal influxes, other
projected changes in commercial and passenger volumes,
the most current commercial forecasts, and temporary
detailed personnel of the Office of Field Operations to
assist with irregular migration influx events or other
events, and other relevant information.
(3) GAO report.--If the Commissioner of U.S. Customs and
Border Protection does not hire 600 additional Office of Field
Operations officers pursuant to paragraph (1)(A) during the
fiscal year in which this Act is enacted, or during any
subsequent fiscal year in which the hiring requirements set
forth in the Workforce Staffing Model have not been achieved,
the Comptroller General of the United States shall--
(A) conduct a review of U.S. Customs and Border
Protection hiring practices to determine the reasons
that such requirements were not achieved and to address
other issues related to hiring by U.S. Customs and
Border Protection; and
(B) 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 subparagraph (A).
(b) U.S. Immigration and Customs Enforcement.--
(1) In general.--The Director of U.S. Immigration and
Customs Enforcement shall hire, train, and assign--
(A) not fewer than 300 Enforcement and Removal
Operations support personnel to address case management
responsibilities relating to aliens apprehended along
the southwest border, and the operation of regional
processing centers established under section 437(a) of
the Homeland Security Act of 2002;
(B) not fewer than 128 attorneys in the Office of
the Principal Legal Advisor; and
(C) 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.
(2) GAO review and report relating to staffing needs.--
(A) Review.--The Comptroller General of the United
States shall conduct a review of--
(i) U.S. Immigration and Customs
Enforcement activities and staffing needs
related to irregular migration influx events
along the southwest border during fiscal years
2014, 2019, and 2021, including--
(I) the total number of aliens
placed in removal proceedings in
connection with such irregular
migration influx events;
(II) the number of hours dedicated
to responding to irregular migration
influx events by Enforcement and
Removal Operations officers,
Enforcement and Removal Operations
support personnel, attorneys within the
Office of the Principal Legal Advisor,
and support staff within the Office of
the Principal Legal Advisor; and
(III) the impact that response to
such irregular migration influx events
had on the ability of U.S. Immigration
and Customs Enforcement to carry out
other aspects of its mission, including
the regular transport of migrants from
U.S. Customs and Border Protection
facilities to U.S. Immigration and
Customs Enforcement facilities; and
(ii) staffing levels within the Office of
the Principal Legal Advisor, U.S. Immigration
and Customs Enforcement, including the impact
such staffing levels have on docketing of cases
within the Executive Office for Immigration
Review.
(B) Report.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General
shall submit to the appropriate committees of Congress
a report that describes the results of the review
conducted under subparagraph (A).
(c) Executive Office for Immigration Review.--The Director of the
Executive Office for Immigration Review shall hire, train, and assign
not fewer than 150 new Immigration Judge teams, including staff
attorneys and all applicable support staff for such Immigration Judge
teams.
(d) U.S. Citizenship and Immigration Services.--The Director of
U.S. Citizenship and Immigration Services shall hire, train, and assign
not fewer than 300 asylum officers.
SEC. 14. REPORTS TO CONGRESS.
(a) Unaccompanied Alien Children.--
(1) Care of unaccompanied alien children.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Health and Human Services shall submit to the
appropriate committees of Congress, and make publicly
available, a report that includes--
(A) 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;
(B) for each contractor and facility referred to in
subparagraph (A), the cost per day to care for and
house an unaccompanied alien child, including a
breakdown of factors that contribute to such cost;
(C) the number of unaccompanied alien children who
have been released to a sponsor, if any;
(D) a list of the States in 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;
(E) 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;
(F) 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 and any other monitoring activity;
(G) an assessment of the extent to which the
Secretary of Health and Human Services is making
efforts--
(i) to educate unaccompanied alien children
about their legal rights and the legal process;
and
(ii) to provide unaccompanied alien
children access to pro bono counsel; and
(H) an assessment of efforts by the Secretary of
Health and Human Services to mitigate the spread of
contagious disease within facilities operated or
contracted by the Secretary, including--
(i) medical screening and treatment
services provided to unaccompanied alien
children; and
(ii) communication with State, local, and
Tribal governments regarding the release from
custody of any unaccompanied alien child who
suffers from a contagious disease or may be
especially vulnerable to a contagious disease.
(2) Returns to country of nationality.--Not later than 180
days after the date of the enactment of this Act, the Secretary
shall submit to the appropriate committees of Congress, and
make publicly available, a report that identifies--
(A) the number of unaccompanied alien children who
have voluntarily returned to their country of
nationality or habitual residence, disaggregated by--
(i) country of nationality or habitual
residence; and
(ii) age of the unaccompanied alien
children;
(B) 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;
(C) 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
(D) 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.
(3) Immigration proceedings.--Not later than 90 days after
the date of the enactment of this Act, and not less frequently
than every 90 days thereafter, the Secretary, in coordination
with the Director of the Executive Office for Immigration
Review, shall submit to the appropriate committees of Congress,
and make publicly available, a report that identifies--
(A) 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)),
were returned to their country of nationality or
habitual residence, disaggregated by--
(i) country of nationality or residence;
and
(ii) age and gender of such aliens;
(B) 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); and
(C) the number of unaccompanied alien children who
fail to appear at a removal hearing that such alien was
required to attend.
(b) Binational Efforts To Combat Irregular Migration.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of State shall submit to the appropriate committees of
Congress, and make publicly available, a report that includes--
(1) a copy of any repatriation agreement in effect for
unaccompanied alien children;
(2) a description of the status of any repatriation
agreement that is being considered or negotiated;
(3) a description of the foreign assistance funding
provided by the United States Government to the 20 countries
that have the highest total number of nationals entering the
United States as unaccompanied alien children and the 20
countries that have the highest total number of nationals
entering the United States who do not use the formal
immigration system of the United States or of the countries
such individuals are traveling through, including amounts
provided for, and descriptions of, initiatives or programs--
(A) to deter the children, adults, and families of
each such 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;
(4) an examination of domestic initiatives by countries
described in paragraph (3) with respect to the prevention of
irregular migration by children, adults, and families and the
manner in which the United States may work with such countries
to make such initiatives more successful; and
(5) recommendations on actions the United States may take,
through foreign aid programs of the United States, to improve
the ability of such countries to combat irregular migration.
(c) Suspected Trafficking of Alien Children.--Not later than 180
days after the date of the enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress, and make publicly
available, a report that includes--
(1) an anonymized data set describing incidents in which
the Secretary has suspected that an alien child was apprehended
multiple times as a part of different family units and the
response of the Secretary to such incidents;
(2) an anonymized data set describing incidents not
described in paragraph (1) in which the Secretary has suspected
that an alien child was falsely claimed as a member of a family
unit and the response of the Secretary to such incidents;
(3) a description of current techniques and technologies
used to verify the identity of alien children who are presented
as members of multiple family units; and
(4) legislative recommendations to improve the ability of
the Secretary to detect and respond to incidents in which an
alien child is fraudulently claimed to be a member of a family
unit.
SEC. 15. IMPROVING THE ABILITY TO TRANSPORT MIGRANTS.
(a) Improvement of Transportation Policy and Standards.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall update the
transportation policies, standards, definitions, and any other
needed guidance or regulations of the Department of Homeland
Security to expand and improve the capability of the Department
to conduct ground transportation of migrants at the southwest
border.
(2) Elements.--The update required by paragraph 1 shall
include--
(A) the provision of authority, to the extent
possible, for the Department of Homeland Security to
transport migrants who are being released by the
Department to facilities operated by State, local, or
Tribal governments, or by nongovernmental organizations
directly working to provide aid to migrants along the
southwest border so as--
(i) to ensure the health and safety of
local communities and the migrants;
(ii) to promote an orderly environment
along the border and at United States ports of
entry; and
(iii) to avoid overburdening small
communities that are poorly equipped to handle
a population influx;
(B) a consideration of the manner in which a public
health emergency may require changes in Department
transportation policy to protect public health and the
health of migrants; and
(C) a system through which the Department shall
consistently provide not less than 4 hours advance
notification to State, local, or Tribal governments,
and nongovernmental organizations and private entities
directly providing aid or other services to migrants,
including services provided for a fee, of the intent of
the Department to transport migrants to such
jurisdictions or facilities located in such
jurisdiction.
(3) Limitation.--Any authority established under paragraph
(2)(A) shall be limited to transportation within the States of
California, Arizona, New Mexico, and Texas, unless the
Secretary certifies, on a case-by-case basis, that transport to
a particular facility located in another State is necessary for
the public good.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress, and make publicly available, a
report that includes--
(1) an assessment as to whether current Department of
Homeland Security ground transportation resources are
sufficient--
(A) to meet Department responsibilities with
respect to the transportation of migrants; and
(B) to ensure the safety of Department personnel
and migrants;
(2) a description of current Department contracts regarding
transportation of migrants at the southwest border, the ability
of the Department to expand such contracts to improve
transportation capacity, and any limitations related to such
contracts that impede the expansion of transportation capacity;
(3) a description of recommended changes to Department
transportation policies and standards that would require
additional legislative authority;
(4) recommendations to Congress for legislative changes
that would improve the ability of the Department to expand and
improve its transportation capabilities; and
(5) an assessment of the impact of public health
emergencies on Department transportation and the steps the
Department will take to further improve transportation of
migrants during public health emergencies.
SEC. 16. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to affect any requirement
placed on the Department of Homeland Security or any other agency under
the terms of any lawful settlement agreement or consent decree entered
into by the Department or another agency.
SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act and the amendments made by this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, 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, Ways and Means, 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, Ways and Means, 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, Ways and Means, 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 Subcommittee on Trade.
Referred to the Subcommittee on Border Security, Facilitation, and Operations.
Referred to the Subcommittee on Emergency Preparedness, Response, and Recovery.
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Referred to the Subcommittee on Immigration and Citizenship.