[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2619 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2619

     To prevent organized human smuggling, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 17, 2014

  Mr. McCain (for himself, Mr. Flake, Mr. Graham, Ms. Ayotte, and Mr. 
    Inhofe) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To prevent organized human smuggling, 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 ``Children Returning on an Expedited 
and Safe Timeline Act'' or the ``CREST Act''.

SEC. 2. DEFINED TERM.

    For purposes of this Act, the term ``unaccompanied alien child'' 
means an alien who--
            (1) has no lawful immigration status in the United States;
            (2) has not attained 18 years of age; and
            (3) attempts to enter or has entered the United States 
        unaccompanied by a parent or legal guardian.

SEC. 3. REDUCING THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN FROM EL 
              SALVADOR, GUATEMALA, AND HONDURAS.

    (a) Restrictions on Foreign Aid to Certain Countries.--
            (1) Initial certification.--Beginning on the date that is 6 
        months after the date of the enactment of this Act, the Federal 
        Government shall not provide any non-security assistance to El 
        Salvador, Guatemala, or Honduras until the President certifies 
        that the government of El Salvador, of Guatemala, or of 
        Honduras, respectively is--
                    (A) actively working to reduce the number of 
                unaccompanied alien children from such country who are 
                attempting to migrate northward in order to illegally 
                enter the United States; and
                    (B) cooperating with the Government of the United 
                States to facilitate the repatriation of unaccompanied 
                alien children who are removed from the United States 
                and returned to their country of origin.
            (2) Subsequent certifications.--The restriction under 
        paragraph (1) shall take effect beginning on the date that is 1 
        year after the President issued the latest certification in 
        accordance with paragraph (1) unless the President recertifies 
        that the governments referred to in paragraph (1) are meeting 
        the requirements set forth in subparagraphs (A) and (B) of such 
        paragraph.
    (b) In-Country Refugee Processing.--
            (1) In general.--Notwithstanding section 101(a)(42)(B) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(B)), 
        the Secretary of State, in consultation with the Secretary of 
        Homeland Security and the Director of the Office of Refugee 
        Resettlement of the Department of Health and Human Services, 
        shall carry out in-country processing of refugee applications 
        in El Salvador, Guatemala, and Honduras.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        paragraph (1).

SEC. 4. INCREASING THE NUMBER OF REFUGEE ADMISSIONS FROM CERTAIN 
              COUNTRIES.

    (a) In General.--Notwithstanding any other provision of law, the 
President, in determining the number of refugees who may be admitted 
under section 207(a) for fiscal years 2014 and 2015, shall authorize 
the admission, in each such fiscal year, of--
            (1) up to 5,000 refugees from El Salvador;
            (2) up to 5,000 refugees from Guatemala; and
            (3) up to 5,000 refugees from Honduras.

SEC. 5. PREVENTING ORGANIZED SMUGGLING.

    (a) Unlawfully Hindering Immigration, Border, or Customs 
Controls.--
            (1) Amendment to title 18, united states code.--
                    (A) In general.--Chapter 27 of title 18, United 
                States Code, is amended by adding at the end the 
                following:
``Sec. 556. Unlawfully hindering immigration, border, or customs 
              controls
    ``(a) Illicit Spotting.--Any person who knowingly transmits to 
another person the location, movement, or activities of any Federal, 
State, or tribal law enforcement agency with the intent to further a 
Federal crime relating to United States immigration, customs, 
controlled substances, agriculture, monetary instruments, or other 
border controls shall be fined under title 18, United States Code, 
imprisoned not more than 10 years, or both.
    ``(b) Destruction of United States Border Controls.--Any person who 
knowingly and without lawful authorization destroys, alters, or damages 
any fence, barrier, sensor, camera, or other physical or electronic 
device deployed by the Federal Government to control the border or a 
port of entry, or otherwise seeks to construct, excavate, or make any 
structure intended to defeat, circumvent or evade any such fence, 
barrier, sensor camera, or other physical or electronic device deployed 
by the Federal Government to control the border or a port of entry--
            ``(1) shall be fined under title 18, United States Code, 
        imprisoned not more than 10 years, or both; and
            ``(2) if, at the time of the offense, the person uses or 
        carries a firearm or, in furtherance of any such crime, 
        possesses a firearm, shall be fined under title 18, United 
        States Code, imprisoned not more than 20 years, or both.
    ``(c) Conspiracy and Attempt.--Any person who attempts or conspires 
to violate subsection (a) or (b) shall be punished in the same manner 
as a person who completes a violation of such subsection.''.
                    (B) Clerical amendment.--The table of sections for 
                chapter 27 of title 18, United States Code, is amended 
                by inserting after the item relating to section 555 the 
                following:

``556. Unlawfully hindering immigration, border, or customs 
                            controls.''.
            (2) Penalty for carrying or use of a firearm during and in 
        relation to an alien smuggling crime.--Section 924(c) of title 
        18, United States Code, is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by inserting ``, 
                        alien smuggling crime,'' after ``crime of 
                        violence'' each place such term appears; and
                            (ii) in subparagraph (D)(ii), by inserting 
                        ``, alien smuggling crime,'' after ``crime of 
                        violence''; and
                    (B) by adding at the end the following:
            ``(6) For purposes of this subsection, the term `alien 
        smuggling crime' means any felony punishable under section 
        274(a), 277, or 278 of the Immigration and Nationality Act (8 
        U.S.C. 1324(a), 1327, and 1328).''.
            (3) Statute of limitations.--Section 3298 of title 18, 
        United States Code, is amended by striking ``or under'' and 
        inserting ``, under section 2 or subsection (a), (b), or (c) of 
        section 556, or under''.
    (b) Organized Human Smuggling.--
            (1) Amendment to title 18, united states code.--Chapter 77 
        of title 18, United States Code, is amended by adding at the 
        end the following:
``Sec. 1598. Organized human smuggling
    ``(a) Prohibited Activities.--It shall be unlawful for any person, 
while acting for profit or other financial gain, to knowingly direct or 
participate in an effort or scheme to assist or cause 5 or more 
persons--
            ``(1) to enter, attempt to enter, or prepare to enter the 
        United States--
                    ``(A) by fraud, falsehood, or other corrupt means;
                    ``(B) at any place other than a port or place of 
                entry designated by the Secretary of Homeland Security; 
                or
                    ``(C) in a manner not prescribed by the immigration 
                laws and regulations of the United States;
            ``(2) to travel by air, land, or sea toward the United 
        States (whether directly or indirectly)--
                    ``(A) knowing that the persons seek to enter or 
                attempt to enter the United States without lawful 
                authority; and
                    ``(B) with the intent to aid or further such entry 
                or attempted entry; or
            ``(3) to be transported or moved outside of the United 
        States--
                    ``(A) knowing that such persons are aliens in 
                unlawful transit from 1 country to another or on the 
                high seas; and
                    ``(B) under circumstances in which the persons are 
                seeking to enter the United States without official 
                permission or legal authority.
    ``(b) Conspiracy and Attempt.--Any person who attempts or conspires 
to violate subsection (a) shall be punished in the same manner as a 
person who completes a violation of such subsection.
    ``(c) Base Penalty.--Except as provided in subsection (d), any 
person who violates subsection (a) or (b) shall be fined under this 
title, imprisoned for not more than 20 years, or both.
    ``(d) Enhanced Penalties.--Any person who violates subsection (a) 
or (b)--
            ``(1) in the case of a violation during and in relation to 
        which a serious bodily injury (as defined in section 1365) 
        occurs to any person, shall be fined under this title, 
        imprisoned for not more than 30 years, or both;
            ``(2) in the case of a violation during and in relation to 
        which the life of any person is placed in jeopardy, shall be 
        fined under this title, imprisoned for not more than 30 years, 
        or both;
            ``(3) in the case of a violation involving 10 or more 
        persons, shall be fined under this title, imprisoned for not 
        more than 30 years, or both;
            ``(4) in the case of a violation involving the bribery or 
        corruption of a United States or foreign government official, 
        shall be fined under this title, imprisoned for not more than 
        30 years, or both;
            ``(5) in the case of a violation involving robbery or 
        extortion (as such terms are defined in paragraph (1) or (2), 
        respectively, of section 1951(b)), shall be fined under this 
        title, imprisoned for not more than 30 years, or both;
            ``(6) in the case of a violation during and in relation to 
        which any person is subjected to an involuntary sexual act (as 
        defined in section 2246(2)), shall be fined under this title, 
        imprisoned for not fewer than 5 years and not more than 30 
        years, or both;
            ``(7) in the case of a violation resulting in the death of 
        any person, shall be fined under this title, imprisoned for not 
        fewer than 5 years and up to life, or both;
            ``(8) in the case of a violation in which any alien is 
        confined or restrained, including by the taking of clothing, 
        goods, or personal identification documents, shall be fined 
        under this title, imprisoned not fewer than 5 years and not 
        more than 10 years, or both; and
            ``(9) in the case of smuggling an unaccompanied alien child 
        (as defined in section 462(g)(2) of the Homeland Security Act 
        of 2002 (6 U.S.C. 279(g)(2))), shall be fined under this title 
        or imprisoned not more than 20 years.
    ``(e) Definitions.--In this section:
            ``(1) Effort or scheme.--The term `effort or scheme to 
        assist or cause 5 or more persons' does not require that the 5 
        or more persons enter, attempt to enter, prepare to enter, or 
        travel at the same time if such acts are completed during a 1-
        year period.
            ``(2) Lawful authority.--The term `lawful authority'--
                    ``(A) means permission, authorization, or license 
                that is expressly provided for under the immigration 
                laws of the United States; and
                    ``(B) does not include--
                            ``(i) any authority described in 
                        subparagraph (A) that was secured by fraud or 
                        otherwise unlawfully obtained; or
                            ``(ii) any authority that was sought, but 
                        not approved.''.
            (2) Clerical amendment.--The table of sections for chapter 
        77 of title 18, United States Code, is amended by inserting 
        after the item relating to section 1597 the following:

``1598. Organized human smuggling.''.
    (c) Strategy To Combat Human Smuggling.--
            (1) Defined term.--In this subsection, the term ``high 
        traffic areas of human smuggling'' means the United States 
        ports of entry and areas between such ports that have the most 
        human smuggling activity, as measured by U.S. Customs and 
        Border Protection.
            (2) Implementation.--Not later than 1 year after the date 
        of the enactment of this Act, the Secretary of Homeland 
        Security shall implement a strategy to deter, detect, and 
        interdict human smuggling across the international land and 
        maritime borders of the United States.
            (3) Components.--The strategy referred to in paragraph (2) 
        shall include--
                    (A) efforts to increase coordination between the 
                border and maritime security components of the 
                Department of Homeland Security;
                    (B) an identification of intelligence gaps impeding 
                the ability to deter, detect, and interdict human 
                smuggling across the international land and maritime 
                borders of the United States;
                    (C) efforts to increase information sharing with 
                State and local governments and other Federal agencies;
                    (D) efforts to provide, in coordination with the 
                Federal Law Enforcement Training Center, training for 
                the border and maritime security components of the 
                Department of Homeland Security to deter, detect, and 
                interdict human smuggling across the international land 
                and maritime borders of the United States; and
                    (E) the identification of the high traffic areas of 
                human smuggling along the international land and 
                maritime borders of the United States.
            (4) Report.--
                    (A) In general.--Not later than 6 months after the 
                date of the enactment of this Act, the Secretary of 
                Homeland Security shall submit a report that describes 
                the strategy to be implemented under paragraph (2), 
                including the components listed in paragraph (3), to--
                            (i) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate; and
                            (ii) the Committee on Homeland Security of 
                        the House of Representatives.
                    (B) Form.--The Secretary may submit the report 
                required under subparagraph (A) in classified form if 
                the Secretary determines that such form is appropriate.
            (5) Annual list of high traffic areas.--Not later than 
        February 1st of the first year beginning after the date of the 
        enactment of this Act and annually thereafter, the Secretary of 
        Homeland Security shall submit a list of the high traffic areas 
        of human smuggling referred to in paragraph (3)(A) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives.

SEC. 6. EQUITABLE TREATMENT OF UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Section 235(a)(2) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(a)) is amended--
            (1) by striking the paragraph heading and inserting ``Rules 
        for unaccompanied alien children'';
            (2) in subparagraph (A), by striking ``who is a national or 
        habitual resident of a country that is contiguous with the 
        United States''; and
            (3) in subparagraph (C)--
                    (A) by striking the subparagraph heading and 
                inserting ``Agreements with foreign countries''; and
                    (B) by striking ``countries contiguous to the 
                United States'' and inserting ``Canada, El Salvador, 
                Guatemala, Honduras, Mexico, and any other foreign 
                country that the Secretary determines appropriate''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply to any unaccompanied alien child who was apprehended on or after 
October 1, 2013.

SEC. 7. EXPEDITED REMOVAL AUTHORITY FOR UNACCOMPANIED ALIEN CHILDREN.

    Section 235(a)(5)(D) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(5)(D)) is 
amended--
            (1) by striking the subparagraph heading and inserting 
        ``Expedited removal for unaccompanied alien children'';
            (2) in the matter preceding clause (i)--
                    (A) by inserting ``described in paragraph (2)(A) 
                who is'' after ``Any unaccompanied alien child''; and
                    (B) by striking ``, except for an unaccompanied 
                alien child from a contiguous country subject to 
                exceptions under subsection (a)(2),''; and
            (3) by striking clause (i) and inserting the following:
                            ``(i) placed in a proceeding in accordance 
                        with section 235 of the Immigration and 
                        Nationality Act (8 U.S.C. 1225).''.

SEC. 8. MANDATORY SAFE FEDERAL CUSTODY.

    Section 235(c) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(2)) is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``shall be 
                promptly placed in the least restrictive setting that 
                is in the best interest of the child. In making such 
                placements, the Secretary may consider danger to self, 
                danger to the community, and risk of flight. Placement 
                of child trafficking victims may include placement in 
                an Unaccompanied Refugee Minor program pursuant to 
                section 412(d) of the Immigration and Nationality Act 
                (8 U.S.C. 1522(d)), if a suitable family member is not 
                available to provide care.'' and inserting ``may not be 
                placed in the custody of a nongovernmental sponsor or 
                otherwise released from the custody of the United 
                States Government until the child is repatriated or has 
                been adjudicated to be admissible or subject to an 
                exception to removal.'';
                    (B) by redesignating subparagraph (B) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) Exceptions.--
                            ``(i) In general.--If the Secretary of 
                        Health and Human Services determines that an 
                        unaccompanied alien child is a victim of a 
                        severe form of trafficking in persons, a 
                        special needs child with a disability (as 
                        defined in section 3 of the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 12102)), a 
                        child who has been a victim of physical or 
                        sexual abuse under circumstances that indicate 
                        that the child's health or welfare has been 
                        significantly harmed or threatened, or a child 
                        with mental health needs that require ongoing 
                        assistance from a social welfare agency, the 
                        child may be placed with a biological parent 
                        if--
                                    ``(I) the parent can prove that he 
                                or she is lawfully residing in the 
                                United States;
                                    ``(II) the parent has submitted to 
                                a mandatory biometric criminal history 
                                check; and
                                    ``(III) the Secretary completes a 
                                safety and suitability study of the 
                                parent's household.
                            ``(ii) Monitoring.--If an unaccompanied 
                        alien child described in clause (i) is between 
                        15 and 18 years of age and the Secretary of 
                        Health and Human Services determines that such 
                        child is not a danger to self, a danger to the 
                        community, or a risk of flight, the child 
                        shall--
                                    ``(I) enroll in the alternative to 
                                detention program of U.S. Immigration 
                                and Customs Enforcement; and
                                    ``(II) continuously wear an 
                                electronic ankle monitor while his or 
                                her immigration case is pending.
                            ``(iii) Effect of violation of 
                        conditions.--The Secretary of Health and Human 
                        Services shall remove an unaccompanied alien 
                        minor from a parent who has violated the terms 
                        of the agreement specifying the conditions 
                        under which the unaccompanied alien child was 
                        placed in his or her custody.
                            ``(iv) Failure to appear.--
                                    ``(I) Civil penalty.--If an 
                                unaccompanied alien child is placed 
                                with a parent and fails to appear in a 
                                mandatory court appearance, the parent 
                                shall be subject to a civil penalty of 
                                $250 per day, up to a maximum of 
                                $5,000.
                                    ``(II) Burden of proof.--The parent 
                                is not subject to the penalty imposed 
                                under subclause (I) if the parent--
                                            ``(aa) proves to the 
                                        immigration court that the 
                                        failure to appear by the 
                                        unaccompanied alien child was 
                                        not the fault of the parent; 
                                        and
                                            ``(bb) supplies the 
                                        immigration court with 
                                        documentary evidence that 
                                        supports such assertion.
                            ``(v) Unaccompanied refugee minors 
                        program.--An unaccompanied alien child 
                        described in clause (i) who is a victim of a 
                        severe form of trafficking in persons may be 
                        placed in the Unaccompanied Refugee Minors 
                        Program authorized under section 412(d) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1522(d)) if a parent is not available to 
                        provide care for the child in accordance with 
                        this subparagraph.
                    ``(C) Information sharing.--In verifying the legal 
                presence of parents under subparagraph (B)(i)(I), the 
                Secretary of Health and Human Services shall provide 
                information on those determined to be unlawfully 
                present in the United States to the Secretary of 
                Homeland Security.''; and
            (2) in paragraph (3)(B), by striking ``individual'' and 
        inserting ``parent''.

SEC. 9. TRAINING.

    The Secretary of Homeland Security shall ensure that U.S. Border 
Patrol agents receive appropriate training in immigration laws relating 
to screening, identifying, and addressing vulnerable populations, such 
as children, victims of crime and human trafficking, and individuals 
fleeing persecution or torture.

SEC. 10. EMERGENCY IMMIGRATION PERSONNEL; NATIONAL JUVENILE DOCKET.

    (a) Goal.--It shall be the goal of the Attorney General, the 
Secretary of Homeland Security, and the Director of the Executive 
Office for Immigration Review to use the amounts appropriated pursuant 
to subsection (f) to bring a resolution to immigration cases, from the 
issuance of a notice to appear through the exhaustion of appeals, 
within 30 days.
    (b) Emergency Immigration Judges.--
            (1) Designation.--Not later than 14 days after the date of 
        the enactment of this Act, the Attorney General shall designate 
        up to 100 temporary immigration judges, with renewable 6-month 
        terms, including through the hiring of retired immigration 
        judges, magistrate judges, administrative law judges, or other 
        qualified attorneys using the same criteria as applied to the 
        hiring of permanent immigration judges.
            (2) Requirement.--The Attorney General shall ensure that 
        sufficient immigration judge resources are dedicated to the 
        purpose described in paragraph (1).
    (c) Immigration Litigation Attorneys.--The Secretary of Homeland 
Security shall hire 150 new immigration litigation attorneys in the 
Field Legal Operations of U.S. Immigration and Customs Enforcement with 
particular focus on the Office of Chief Counsel attorneys in the areas 
of need.
    (d) Asylum Officers.--The Secretary of Homeland Security shall hire 
100 new asylum officers to be placed in the Refugee, Asylum, and 
International Operations Directorate of the U.S. Citizenship and 
Immigration Services.
    (e) Juvenile Docket.--
            (1) In general.--Except as provided in paragraph (2), the 
        Director of the Executive Office for Immigration Review shall 
        establish a separate juvenile docket in every immigration court 
        in the United States to facilitate the processing of 
        immigration cases involving unaccompanied alien children.
            (2) Exemption.--The Director may exempt an immigration 
        court from the requirement under paragraph (1) upon its 
        application for exemption based on its juvenile caseload. The 
        Director shall make a determination under this paragraph after 
        reviewing the court's latest 2 quarters of juvenile cases. An 
        exemption may be awarded if the Director determines that a 
        juvenile docket is not warranted.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated $100,000,000 to carry out this section.

SEC. 11. REPORTING AND MONITORING REQUIREMENTS.

    (a) Reports.--
            (1) Initial report.--Not later than 60 days after the date 
        of the enactment of this Act, the Secretary of Health and Human 
        Services shall submit a report to each State in which 
        unaccompanied children were discharged to parents or placed in 
        a facility while remaining in the legal custody of the 
        Secretary of Health and Human Services that provides the number 
        of children placed in the State since Oct. 1, 2013, broken down 
        by location and age.
            (2) Monthly discharge reports.--The Secretary of Health and 
        Human Services shall submit a monthly report to each State in 
        which unaccompanied alien children, during the reporting 
        period--
                    (A) were discharged to their parents; or
                    (B) were placed in a facility while remaining in 
                the legal custody of the Department of Health and Human 
                Services.
            (3) Contents.--The reports required under paragraph (2) 
        shall identify the number of children placed in the State 
        during the reporting period, broken down by--
                    (A) location; and
                    (B) age.
    (b) Monitoring Requirement.--The Secretary of Health and Human 
Services shall--
            (1) require all parents to agree--
                    (A) to notify and receive approval from the 
                Department of Health and Human Services prior to an 
                unaccompanied alien child placed in their custody 
                changing addresses from that in which he or she was 
                originally placed; 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 unaccompanied alien children who 
        have been discharged to a parent or remain in the legal custody 
        of the Secretary of Health and Human Services until their 
        respective immigration cases are resolved; and
            (3) not later than 60 days after the date of the enactment 
        of this Act, provide to Congress a plan for implementing the 
        requirement set forth in paragraph (2).
    (c) Notification to States.--The Secretary of Health and Human 
Services shall notify each State in which potential facilities are 
being reviewed to house unaccompanied alien children who will remain in 
the custody of the Secretary of Health and Human Services.
    (d) Failure To Appear.--The Director of the Executive Office for 
Immigration Review shall--
            (1) track the number of unaccompanied alien children who 
        fail to appear at a removal hearing that they were required to 
        attend; and
            (2) make the information described in paragraph (1) 
        available to the public on a quarterly basis.
                                 <all>