[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 129 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 129

 To repeal executive immigration overreach, to clarify that the proper 
    constitutional authority for immigration policy belongs to the 
              legislative branch, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 8, 2015

  Mr. Johnson introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To repeal executive immigration overreach, to clarify that the proper 
    constitutional authority for immigration policy belongs to the 
              legislative branch, 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 ``Repeal Executive 
Amnesty Act of 2015''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Severability.
                       TITLE I--PAROLE AUTHORITY

Sec. 101. Parole reform.
Sec. 102. Adjustment of status limited to aliens admitted to the United 
                            States.
Sec. 103. Presence in the United States pursuant to parole added to 
                            priority date.
Sec. 104. Admission and lawful presence required for employment 
                            authorization.
              TITLE II--LIMITATION ON EXECUTIVE OVERREACH

Sec. 201. Denial of funds for implementation of unauthorized actions.
Sec. 202. Prohibition on hiring by U.S. Citizenship and Immigration 
                            Services.
                TITLE III--UNACCOMPANIED ALIEN CHILDREN

Sec. 301. Repatriation of unaccompanied alien children.
Sec. 302. Special immigrant juvenile status for immigrants unable to 
                            reunite with either parent.
Sec. 303. Modifications to preferential availability for asylum for 
                            unaccompanied alien minors.
Sec. 304. Unaccompanied alien child defined.
 TITLE IV--ELIGIBILITY CRITERIA FOR ALIENS TO RECEIVE CERTAIN BENEFITS

Sec. 401. Aliens without lawful status ineligible to receive social 
                            security and medicare benefits.
Sec. 402. Applying citizenship and immigration status eligibility 
                            criteria for Federal programs to Affordable 
                            Care Act benefits.
Sec. 403. Aliens paroled into the United States ineligible for Federal 
                            public benefits.
      TITLE V--STATE AND LOCAL ENFORCEMENT OF THE IMMIGRATION LAWS

Sec. 501. Definitions.
Sec. 502. Immigration law enforcement by States and localities.
Sec. 503. Immunity.
Sec. 504. Federal custody of inadmissible and deportable aliens in the 
                            United States apprehended by State or local 
                            law enforcement.
Sec. 505. State Criminal Alien Assistance Program (SCAAP).
Sec. 506. Limitation on State receipt of Federal funding.
Sec. 507. ICE detainers.
Sec. 508. Preservation of the Secure Communities program and removal of 
                            deportable aliens identified under the 
                            interoperable law enforcement and 
                            intelligence electronic data system.
             TITLE VI--ASYLUM REFORM AND BORDER PROTECTION

Sec. 601. Clarification of intent regarding taxpayer-provided counsel.
Sec. 602. Credible fear interviews.
Sec. 603. Recording expedited removal and credible fear interviews.
Sec. 604. Safe third country.
                        TITLE VII--MISCELLANEOUS

Sec. 701. Suspension of effectiveness of certain laws.
Sec. 702. Temporary protected status reform.

SEC. 2. SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance, is held invalid, the remainder of this 
Act, and the application of such provision to other persons not 
similarly situated or to other circumstances, shall not be affected by 
such invalidation.

                       TITLE I--PAROLE AUTHORITY

SEC. 101. PAROLE REFORM.

    (a) In General.--Paragraph (5) of section 212(d) (8 U.S.C. 1182(d)) 
is amended to read as follows:
    ``(5) Humanitarian and Public Interest Parole.--
            ``(A) In general.--Subject to the provisions of this 
        paragraph and section 214(f)(2), the Secretary of Homeland 
        Security, in the sole discretion of the Secretary of Homeland 
        Security, may on a case-by-case basis parole an alien into the 
        United States temporarily, under such conditions as the 
        Secretary of Homeland Security may prescribe, only--
                    ``(i) for an urgent humanitarian reason (as 
                described under subparagraph (B)); or
                    ``(ii) for a reason deemed strictly in the public 
                interest (as described under subparagraph (C)).
            ``(B) Humanitarian parole.--The Secretary of Homeland 
        Security may parole an alien based on an urgent humanitarian 
        reason described in this subparagraph only if--
                    ``(i) the alien has a medical emergency and the 
                alien cannot obtain necessary treatment in the foreign 
                state in which the alien is residing or the medical 
                emergency is life-threatening and there is insufficient 
                time for the alien to be admitted through the normal 
                visa process;
                    ``(ii) the alien is needed in the United States in 
                order to donate an organ or other tissue for transplant 
                into a close family member; or
                    ``(iii) the alien has a close family member in the 
                United States whose death is imminent and the alien 
                could not arrive in the United States in time to see 
                such family member alive if the alien were to be 
                admitted through the normal visa process.
            ``(C) Public interest parole.--The Secretary of Homeland 
        Security may parole an alien based on a reason deemed strictly 
        in the public interest described in this subparagraph only if 
        the alien has assisted the United States Government in a 
        matter, such as a criminal investigation, espionage, or other 
        similar law enforcement activity, and either the alien's 
        presence in the United States is required by the Government or 
        the alien's life would be threatened if the alien were not 
        permitted to come to the United States.
            ``(D) Limitations on the use of parole authority.--
                    ``(i) Aliens ineligible for refugee status.--The 
                Secretary of Homeland Security may not use the parole 
                authority under this paragraph to permit to come to the 
                United States aliens who have applied for and have been 
                found to be ineligible for refugee status or any alien 
                to whom the provisions of this paragraph do not apply.
                    ``(ii) Aliens present in the united states 
                ineligible for parole.--The Secretary of Homeland 
                Security may not parole into the United States an alien 
                who--
                            ``(I) is physically present in the United 
                        States; and
                            ``(II)(aa) has not been admitted to the 
                        United States; or
                            ``(bb) was lawfully admitted to the United 
                        States as a nonimmigrant and remained in the 
                        United States unlawfully after the period of 
                        authorized stay ended.
                    ``(iii) Limitation on work authorization and 
                adjustment of status.--In the case of an alien who is 
                present in the United States pursuant to a grant of 
                parole under this paragraph, the Secretary of Homeland 
                Security may not--
                            ``(I) grant employment authorization to the 
                        alien; or
                            ``(II) admit the alien to the United States 
                        as a nonimmigrant or as an alien admitted for 
                        lawful permanent residence.
            ``(E) Parole not an admission.--Parole of an alien under 
        this paragraph shall not be considered an admission of the 
        alien into the United States. When the purposes of the parole 
        of an alien have been served, as determined by the Secretary of 
        Homeland Security, the alien shall immediately return or be 
        returned to the custody from which the alien was paroled and 
        the alien shall be considered for admission to the United 
        States on the same basis as other similarly situated applicants 
        for admission.
            ``(F) Report to congress.--Not later than 90 days after the 
        end of each fiscal year, the Secretary of Homeland Security 
        shall submit to the Committee on Homeland Security and 
        Governmental Affairs and the Committee on the Judiciary of the 
        Senate and the Committee on Homeland Security and the Committee 
        on the Judiciary of the House of Representatives a report 
        describing the number and categories of aliens paroled into the 
        United States under this paragraph. Each such report shall 
        contain information and data concerning the number and 
        categories of aliens paroled, the duration of parole, and the 
        current status of aliens paroled during the preceding fiscal 
        year.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the first day of the first month beginning more than 60 
days after the date of the enactment of this Act.

SEC. 102. ADJUSTMENT OF STATUS LIMITED TO ALIENS ADMITTED TO THE UNITED 
              STATES.

    Subsection (a) of section 245 of the Immigration and Nationality 
Act (8 U.S.C. 1255) is amended by striking ``or paroled''.

SEC. 103. PRESENCE IN THE UNITED STATES PURSUANT TO PAROLE ADDED TO 
              PRIORITY DATE.

    Section 203(e) of the Immigration and Nationality Act (8 U.S.C. 
1153(e)) is amended--
            (1) in paragraph (3), by striking the period at the end and 
        inserting ``, in accordance with the requirement under 
        paragraph (4).''; and
            (2) by adding at the end the following:
            ``(4) In the case of an applicant for a visa under this 
        section who is present in the United States pursuant to a grant 
        of parole under section 212(d)(5) for a period of time after 
        making such application, the time period during which the 
        applicant is present in the United States pursuant to such a 
        grant of parole shall be added to the applicant's priority 
        date.''.

SEC. 104. ADMISSION AND LAWFUL PRESENCE REQUIRED FOR EMPLOYMENT 
              AUTHORIZATION.

    Paragraph (3) of section 274A(h) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(h)) is amended--
            (1) by inserting ``an alien otherwise admitted to the 
        United States and present in the United States with a lawful 
        immigration status, who is'' before ``authorized to be so 
        employed by this Act''; and
            (2) by striking ``or by the Attorney General''.

              TITLE II--LIMITATION ON EXECUTIVE OVERREACH

SEC. 201. DENIAL OF FUNDS FOR IMPLEMENTATION OF UNAUTHORIZED ACTIONS.

    Notwithstanding any other provision of law, no funds or fees made 
available to the Secretary of Homeland Security, or to the head of any 
other Federal agency, may be used to implement, administer, enforce, or 
carry out (including through the issuance of any regulations) any of 
the policy changes set forth in the following memoranda:
            (1) The memorandum from the Director of U.S. Immigration 
        and Customs Enforcement entitled ``Civil Immigration 
        Enforcement: Priorities for the Apprehension, Detention, and 
        Removal of Aliens'' (March 2, 2011).
            (2) The memorandum from the Director of U.S. Immigration 
        and Customs Enforcement entitled ``Exercising Prosecutorial 
        Discretion Consistent with the Civil Immigration Enforcement 
        Priorities of the Agency for the Apprehension, Detention, and 
        Removal of Aliens'' (June 17, 2011).
            (3) The memorandum from the Director of U.S. Immigration 
        and Customs Enforcement entitled ``Prosecutorial Discretion: 
        Certain Victims, Witnesses, and Plaintiffs'' (June 17, 2011).
            (4) The U.S. Citizenship and Immigration Services policy 
        memorandum entitled ``Revised Guidance for the Referral of 
        Cases and Issuance of Notices to Appear (NTAs) in Cases 
        Involving Inadmissible and Removable Aliens'' (November 17, 
        2011).
            (5) The memorandum from the Principal Legal Advisor of U.S. 
        Immigration and Customs Enforcement entitled ``Case-by-Case 
        Review of Incoming and Certain Pending Cases'' (November 17, 
        2011).
            (6) The recommendations included in the report from the 
        Director of U.S. Immigration and Customs Enforcement entitled 
        ``ICE Response to the Task Force on Secure Communities Findings 
        and Recommendations'' (April 27, 2012).
            (7) The memorandum from the Secretary of Homeland Security 
        entitled ``Exercising Prosecutorial Discretion with Respect to 
        Individuals Who Came to the United States as Children'' (June 
        15, 2012).
            (8) The memorandum from the Director of U.S. Immigration 
        and Customs Enforcement entitled ``Civil Immigration 
        Enforcement: Guidance on the Use of Detainers in the Federal, 
        State, Local, and Tribal Criminal Justice Systems'' (December 
        21, 2012).
            (9) The U.S. Citizenship and Immigration Services policy 
        memorandum entitled ``Adjudication of Adjustment of Status 
        Applications for Individuals Admitted to the United States 
        Under the Visa Waiver Program'' (November 14, 2013).
            (10) The memorandum from the Secretary of Homeland Security 
        entitled ``Southern Border and Approaches Campaign'' (November 
        20, 2014).
            (11) The memorandum from the Secretary of Homeland Security 
        entitled ``Policies for the Apprehension, Detention and Removal 
        of Undocumented Immigrants'' (November 20, 2014).
            (12) The memorandum from the Secretary of Homeland Security 
        entitled ``Secure Communities'' (November 20, 2014).
            (13) The memorandum from the Secretary of Homeland Security 
        entitled ``Exercising Prosecutorial Discretion with Respect to 
        Individuals Who Came to the United States as Children and with 
        Respect to Certain Individuals Who Are the Parents of U.S. 
        Citizens or Permanent Residents'' (November 20, 2014).
            (14) The memorandum from the Secretary of Homeland Security 
        entitled ``Expansion of the Provisional Waiver Program'' 
        (November 20, 2014).
            (15) The memorandum from the Secretary of Homeland Security 
        entitled ``Policies Supporting U.S. High-Skilled Businesses and 
        Workers'' (November 20, 2014).
            (16) The memorandum from the Secretary of Homeland Security 
        entitled ``Families of U.S. Armed Forces Members and 
        Enlistees'' (November 20, 2014).
            (17) The memorandum from the Secretary of Homeland Security 
        entitled ``Directive to Provide Consistency Regarding Advance 
        Parole'' (November 20, 2014).
            (18) The memorandum from the Secretary of Homeland Security 
        entitled ``Policies to Promote and Increase Access to U.S. 
        Citizenship'' (November 20, 2014).
            (19) The memorandum from the President entitled 
        ``Modernizing and Streamlining the U.S. Immigrant Visa System 
        for the 21st Century'' (November 21, 2014).
            (20) The memorandum from the President entitled ``Creating 
        Welcoming Communities and Fully Integrating Immigrants and 
        Refugees'' (November 21, 2014).

SEC. 202. PROHIBITION ON HIRING BY U.S. CITIZENSHIP AND IMMIGRATION 
              SERVICES.

    The head of U.S. Citizenship and Immigration Services may not 
appoint an individual to any position in U.S. Citizenship and 
Immigration Services until after the date that the President rescinds 
each memorandum described in paragraphs (10) through (20) of section 
201.

                TITLE III--UNACCOMPANIED ALIEN CHILDREN

SEC. 301. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by amending the heading to read as 
                        follows: ``Rules for unaccompanied alien 
                        children.'';
                            (ii) in subparagraph (A);
                                    (I) in the matter preceding clause 
                                (i), by striking ``who is a national or 
                                habitual resident of a country that is 
                                contiguous with the United States'';
                                    (II) in clause (i), by inserting 
                                ``and'' at the end;
                                    (III) in clause (ii), by striking 
                                ``; and'' and inserting a period; and
                                    (IV) by striking clause (iii);
                            (iii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``(8 U.S.C. 1101 et 
                                seq.) may--'' and inserting ``(8 U.S.C. 
                                1101 et seq.)--'';
                                    (II) in clause (i), by inserting 
                                before ``permit such child to 
                                withdraw'' the following: ``may''; and
                                    (III) in clause (ii), by inserting 
                                before ``return such child'' the 
                                following: ``shall''; and
                            (iv) in subparagraph (C)--
                                    (I) by amending the heading to read 
                                as follows: ``Agreements with foreign 
                                countries.''; and
                                    (II) in the matter preceding clause 
                                (i), by striking ``The Secretary of 
                                State shall negotiate agreements 
                                between the United States and countries 
                                contiguous to the United States'' and 
                                inserting ``The Secretary of State may 
                                negotiate agreements between the United 
                                States and any foreign country that the 
                                Secretary determines appropriate''; and
                    (B) in paragraph (5)(D)--
                            (i) in the matter preceding clause (i), by 
                        striking ``, except for an unaccompanied alien 
                        child from a contiguous country subject to the 
                        exceptions under subsection (a)(2),'' and 
                        inserting ``who does not meet the criteria 
                        listed in paragraph (2)(A)''; and
                            (ii) in clause (i), by inserting before the 
                        semicolon at the end the following: ``, which 
                        shall include a hearing before an immigration 
                        judge not later than 14 days after being 
                        screened under paragraph (4)'';
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``48 hours'' and inserting ``7 
                        days'';
                            (ii) in subparagraph (A), by inserting 
                        before the semicolon the following: ``believed 
                        not to meet the criteria listed in subsection 
                        (a)(2)(A)''; and
                            (iii) in subparagraph (B), by inserting 
                        before the period the following: ``and does not 
                        meet the criteria listed in subsection 
                        (a)(2)(A)''; and
                    (B) in paragraph (3), by striking ``an 
                unaccompanied alien child in custody shall'' and all 
                that follows, and inserting the following: ``an 
                unaccompanied alien child in custody--
                    ``(A) in the case of a child who does not meet the 
                criteria listed in subsection (a)(2)(A), shall transfer 
                the custody of such child to the Secretary of Health 
                and Human Services not later than 30 days after 
                determining that such child is an unaccompanied alien 
                child who does not meet such criteria; or
                    ``(B) in the case of child who meets the criteria 
                listed in subsection (a)(2)(A), may transfer the 
                custody of such child to the Secretary of Health and 
                Human Services after determining that such child is an 
                unaccompanied alien child who meets such criteria.'';
            (3) by adding at the end the following:
            ``(5) Information sharing.--The Secretary of Health and 
        Human Services shall share with the Secretary of Homeland 
        Security any information requested on a child who has been 
        determined to be an unaccompanied alien child and who is or has 
        been in the custody of the Secretary of Health and Human 
        Services, including the location of the child and any person to 
        whom custody of the child has been transferred, for any 
        legitimate law enforcement objective, including enforcement of 
        the immigration laws.''; and
            (4) in subsection (c)--
                    (A) in paragraph (3), by inserting at the end the 
                following:
                    ``(D) Information about individuals with whom 
                children are placed.--
                            ``(i) Information to be provided to 
                        homeland security.--Before placing a child with 
                        an individual, the Secretary of Health and 
                        Human Services shall provide to the Secretary 
                        of Homeland Security, regarding the individual 
                        with whom the child will be placed, the 
                        following information:
                                    ``(I) The name of the individual.
                                    ``(II) The social security number 
                                of the individual.
                                    ``(III) The date of birth of the 
                                individual.
                                    ``(IV) The location of the 
                                individual's residence where the child 
                                will be placed.
                                    ``(V) The immigration status of the 
                                individual, if known.
                                    ``(VI) Contact information for the 
                                individual.
                            ``(ii) Special rule.--In the case of a 
                        child who was apprehended on or after June 15, 
                        2012, and before the date of the enactment of 
                        the Repeal Executive Amnesty Act of 2015, who 
                        the Secretary of Health and Human Services 
                        placed with an individual, the Secretary shall 
                        provide the information listed in clause (i) to 
                        the Secretary of Homeland Security not later 
                        than 90 days after the date of the enactment of 
                        the Repeal Executive Amnesty Act of 2015.
                            ``(iii) Activities of the secretary of 
                        homeland security.--Not later than 30 days 
                        after receiving the information listed in 
                        clause (i), the Secretary of Homeland Security 
                        shall--
                                    ``(I) in the case that the 
                                immigration status of an individual 
                                with whom a child is placed is unknown, 
                                investigate the immigration status of 
                                that individual; and
                                    ``(II) upon determining that an 
                                individual with whom a child is placed 
                                is unlawfully present in the United 
                                States, initiate removal proceedings 
                                pursuant to chapter 4 of title II of 
                                the Immigration and Nationality Act (8 
                                U.S.C. 1221 et seq.).''; and
                    (B) in paragraph (5)--
                            (i) by inserting after ``to the greatest 
                        extent practicable'' the following: ``(at no 
                        expense to the Government)''; and
                            (ii) by striking ``have counsel to 
                        represent them'' and inserting ``have access to 
                        counsel to represent them''.
    (b) Effective Date.--The amendments made by this section shall 
apply to any unauthorized alien child apprehended on or after June 15, 
2012.

SEC. 302. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO 
              REUNITE WITH EITHER PARENT.

    Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``1 or both of the 
immigrant's parents'' and inserting ``either of the immigrant's 
parents''.

SEC. 303. MODIFICATIONS TO PREFERENTIAL AVAILABILITY FOR ASYLUM FOR 
              UNACCOMPANIED ALIEN MINORS.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended--
            (1) by striking subsection (a)(2)(E); and
            (2) by striking subsection (b)(3)(C).

SEC. 304. UNACCOMPANIED ALIEN CHILD DEFINED.

    Section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
279(g)(2)) is amended to read as follows:
            ``(2) The term `unaccompanied alien child'--
                    ``(A) means an alien who--
                            ``(i) has no lawful immigration status in 
                        the United States;
                            ``(ii) has not attained 18 years of age; 
                        and
                            ``(iii) with respect to whom--
                                    ``(I) there is no parent or legal 
                                guardian in the United States;
                                    ``(II) no parent or legal guardian 
                                in the United States is available to 
                                provide care and physical custody; or
                                    ``(III) no sibling over 18 years of 
                                age, aunt, uncle, grandparent, or 
                                cousin over 18 years of age is 
                                available to provide care and physical 
                                custody; except that
                    ``(B) such term shall cease to include an alien if 
                at any time a parent, legal guardian, sibling over 18 
                years of age, aunt, uncle, grandparent, or cousin over 
                18 years of age of the alien is found in the United 
                States and is available to provide care and physical 
                custody (and the Secretary of Homeland Security and the 
                Secretary of Health and Human Services shall revoke 
                accordingly any prior designation of the alien under 
                this paragraph).''.

 TITLE IV--ELIGIBILITY CRITERIA FOR ALIENS TO RECEIVE CERTAIN BENEFITS

SEC. 401. ALIENS WITHOUT LAWFUL STATUS INELIGIBLE TO RECEIVE SOCIAL 
              SECURITY AND MEDICARE BENEFITS.

    Section 401(b) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1611(b)) is amended--
            (1) in paragraph (2), by adding at the end the following: 
        ``For purposes of this paragraph, the term `alien who is 
        lawfully present in the United States' means an alien who has 
        been admitted to the United States, and whose period of lawful 
        admission has not expired, and does not include an alien who is 
        present in the United States pursuant to a grant of parole 
        under section 212(d)(5) of the Immigration and Nationality Act 
        (8 U.S.C. 1182(d)(5)).''; and
            (2) in paragraph (3), by adding at the end the following: 
        ``For purposes of this paragraph, the term `alien who is 
        lawfully present in the United States' has the meaning given 
        such term in paragraph (2).''.

SEC. 402. APPLYING CITIZENSHIP AND IMMIGRATION STATUS ELIGIBILITY 
              CRITERIA FOR FEDERAL PROGRAMS TO AFFORDABLE CARE ACT 
              BENEFITS.

    (a) Applying Qualified Alien Eligibility Criteria to ACA 
Benefits.--
            (1) Temporary high risk health insurance pool program.--
        Section 1101(d)(1) of the Patient Protection and Affordable 
        Care Act (42 U.S.C. 18001(d)(1)) is amended by striking ``or is 
        lawfully present'' and all that follows through ``section 
        1411)'' and inserting ``or is a qualified alien (as defined in 
        section 431 of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1641)), as determined in 
        accordance with section 1411''.
            (2) Eligibility to participate in exchanges.--Section 
        1312(f)(3) of such Act (42 U.S.C. 18032(f)(3)) is amended--
                    (A) in the paragraph heading, by inserting 
                ``certain'' after ``limited to''; and
                    (B) by striking ``an alien lawfully present in the 
                United States'' and inserting ``an alien who is a 
                qualified alien (as defined in section 431 of the 
                Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 1641))''.
            (3) State health programs for low-income individuals not 
        eligible for medicaid.--Section 1331(e)(1)(B) of such Act (42 
        U.S.C. 18051(e)(1)(B)) is amended by striking ``lawfully 
        present in the United States'' and inserting ``who is a 
        qualified alien (as defined in section 431 of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1641))''.
            (4) Tax credit providing premium assistance for coverage 
        under qualified health plans.--Section 36B of the Internal 
        Revenue of 1986 is amended--
                    (A) in subsection (c)(1)(B)--
                            (i) in the heading, by striking 
                        ``individuals lawfully present in the united 
                        states'' and inserting ``qualified aliens''; 
                        and
                            (ii) in clause (ii), by striking ``an alien 
                        lawfully present in the United States'' and 
                        inserting ``an alien who is a qualified alien 
                        (as defined in section 431 of the Personal 
                        Responsibility and Work Opportunity 
                        Reconciliation Act of 1996 (8 U.S.C. 1641))''; 
                        and
                    (B) in subsection (e)(2), by striking ``lawfully 
                present in the United States'' and inserting ``who is a 
                qualified alien (as defined in section 431 of the 
                Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 1641))''.
            (5) Reduced cost-sharing for certain individuals under 
        qualified health plans.--Section 1402(e)(2) of the Patient 
        Protection and Affordable Care Act (42 U.S.C. 18071(e)(2)) is 
        amended by striking ``lawfully present in the United States'' 
        and inserting ``who is a qualified alien (as defined in section 
        431 of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1641))''.
            (6) Eligibility determinations.--Section 1411 of the 
        Patient Protection and Affordable Care Act (42 U.S.C. 18081) is 
        amended--
                    (A) in subsection (a)(1), by striking ``an alien 
                lawfully present in the United States'' and inserting 
                ``a qualified alien (as defined in section 431 of the 
                Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 1641))''; and
                    (B) in subsection (c)(2)(B)--
                            (i) in clause (i)(I), by striking ``an 
                        alien lawfully present in the United States'' 
                        and inserting ``a qualified alien (as defined 
                        in section 431 of the Personal Responsibility 
                        and Work Opportunity Reconciliation Act of 1996 
                        (8 U.S.C. 1641))''; and
                            (ii) in clause (ii)(II), by striking ``an 
                        alien lawfully present in the United States'' 
                        and inserting ``a qualified alien (as defined 
                        in section 431 of the Personal Responsibility 
                        and Work Opportunity Reconciliation Act of 1996 
                        (8 U.S.C. 1641))''.
            (7) Advance determination and payment of premium tax 
        credits and cost-sharing reductions.--Section 1412(d) of the 
        Patient Protection and Affordable Care Act (42 U.S.C. 18082(d)) 
        is amended--
                    (A) in the heading, by striking ``Lawfully 
                Present'' and inserting ``Citizens, Nationals, or 
                Qualified Aliens''; and
                    (B) by striking ``not lawfully present in the 
                United States'' and inserting ``not citizens or 
                nationals of the United States or aliens who are 
                qualified aliens (as defined in section 431 of the 
                Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 1641))''.
            (8) Minimum essential coverage requirement.--Section 
        5000A(d)(3) of the Internal Revenue Code of 1986 is amended--
                    (A) in the heading, by striking ``lawfully 
                present'' and inserting ``citizens, nationals, or 
                qualified aliens''; and
                    (B) by striking ``an alien lawfully present in the 
                United States'' and inserting ``a qualified alien (as 
                defined in section 431 of the Personal Responsibility 
                and Work Opportunity Reconciliation Act of 1996 (8 
                U.S.C. 1641))''.
            (9) Medicaid population.--Section 1903(v)(1) of the Social 
        Security Act is amended by striking ``who is not lawfully 
        admitted for permanent residence or otherwise permanently 
        residing in the United States under color of law'' and 
        inserting ``who is not a qualified alien (as defined in section 
        431 of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1641))''.
    (b) Clarification That Certain ACA Benefits Treated as Federal 
Public Benefits.--Section 401(c) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)) is 
amended by adding at the end the following new paragraph:
            ``(3) In applying paragraph (1), the following assistance 
        and benefits are treated as health benefits described in 
        paragraph (1)(B):
                    ``(A) Enrollment under the temporary high risk 
                health insurance pool program under section 1101 of the 
                Patient Protection and Affordable Care Act (42 U.S.C. 
                18001).
                    ``(B) Participation in an Exchange established 
                under title I of the Patient Protection and Affordable 
                Care Act.
                    ``(C) Participation in the health program 
                established under section 1331(a) of the Patient 
                Protection and Affordable Care Act (42 U.S.C. 18051).
                    ``(D) Allowance of a tax credit under section 36B 
                of the Internal Revenue Code of 1986.
                    ``(E) Reduction of cost-sharing under qualified 
                health plans under section 1402 of the Patient 
                Protection and Affordable Care Act (42 U.S.C. 18071).
                    ``(F) Provision of advance payments under section 
                1412 of the Patient Protection and Affordable Care Act 
                (42 U.S.C. 18082).''.
    (c) Clarification That Certain ACA Benefits Treated as Federal 
Means-Tested Public Benefits.--Section 403(c) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1613(c)) is amended by adding at the end the following new 
paragraph:
            ``(3) In applying this section, assistance and benefits 
        described in section 401(c)(3) are treated as Federal means-
        tested public benefits to which subsection (a) applies.''.
    (d) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this section shall apply to coverage months beginning 
        more than 120 days after the date of the enactment of this Act.
            (2) Transition for current enrollees.--In the case of an 
        individual who is being provided assistance or benefits 
        described in paragraph (3) of section 401(c) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1611(c)), as added by subsection (b), as of the date 
        of the enactment of this Act, the amendments made by this 
        section (other than the amendments made by subsection (a)(8)) 
        shall not apply with respect to such assistance or benefits 
        provided to such individual for coverage months before January 
        of the year after the date of enactment of this Act.

SEC. 403. ALIENS PAROLED INTO THE UNITED STATES INELIGIBLE FOR FEDERAL 
              PUBLIC BENEFITS.

    Section 431(b) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended by striking 
paragraph (4).

      TITLE V--STATE AND LOCAL ENFORCEMENT OF THE IMMIGRATION LAWS

SEC. 501. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (2) State.--The term ``State'' has the meaning given to 
        such term in section 101(a)(36) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(36)).

SEC. 502. IMMIGRATION LAW ENFORCEMENT BY STATES AND LOCALITIES.

    Law enforcement personnel of a State, or of a political subdivision 
of a State, may investigate, identify, apprehend, arrest, detain, or 
transfer to Federal custody aliens for the purposes of enforcing the 
immigration laws of the United States to the same extent as Federal law 
enforcement personnel. Law enforcement personnel of a State, or of a 
political subdivision of a State, may also investigate, identify, 
apprehend, arrest, or detain aliens for the purposes of enforcing the 
immigration laws of a State or of a political subdivision of State. Law 
enforcement personnel of a State, or of a political subdivision of a 
State, may not remove aliens from the United States.

SEC. 503. IMMUNITY.

    Notwithstanding any other provision of law, a law enforcement 
officer of a State or local law enforcement agency who is acting within 
the scope of the officer's official duties shall be immune, to the same 
extent as a Federal law enforcement officer, from personal liability 
arising out of the performance of any duty described in this title, 
including the authorities to investigate, identify, apprehend, arrest, 
detain, or transfer to Federal custody, an alien for the purposes of 
enforcing the immigration laws of the United States (as defined in 
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))) or the immigration laws of a State or a political 
subdivision of a State.

SEC. 504. FEDERAL CUSTODY OF INADMISSIBLE AND DEPORTABLE ALIENS IN THE 
              UNITED STATES APPREHENDED BY STATE OR LOCAL LAW 
              ENFORCEMENT.

    (a) In General.--Title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended by inserting after section 240C the 
following:

``SEC. 240D. CUSTODY OF INADMISSIBLE AND DEPORTABLE ALIENS PRESENT IN 
              THE UNITED STATES.

    ``(a) Transfer of Custody by State and Local Officials.--If a 
State, or a political subdivision of a State, exercising authority with 
respect to the apprehension or arrest of an inadmissible or deportable 
alien submits to the Secretary of Homeland Security a request that the 
alien be taken into Federal custody, notwithstanding any other 
provision of law, regulation, or policy the Secretary--
            ``(1) shall take the alien into custody not later than 48 
        hours after the request has been issued following the 
        conclusion of the State or local charging process or dismissal 
        process, or if no State or local charging or dismissal process 
        is required, the Secretary shall issue a detainer and take the 
        alien into custody not later than 48 hours after the alien is 
        apprehended, in order to determine whether the alien should be 
        detained, placed in removal proceedings, released, or removed; 
        and
            ``(2) shall request that the relevant State or local law 
        enforcement agency temporarily hold the alien in their custody 
        or transport the alien for transfer to Federal custody.
    ``(b) Policy on Detention in Federal, Contract, State, or Local 
Detention Facilities.--In carrying out section 241(g)(1), the Attorney 
General or Secretary of Homeland Security shall ensure that an alien 
arrested under this title shall be held in custody, pending the alien's 
examination under this section, in a Federal, contract, State, or local 
prison, jail, detention center, or other comparable facility. 
Notwithstanding any other provision of law, regulation or policy, such 
facility is adequate for detention, if--
            ``(1) such a facility is the most suitably located Federal, 
        contract, State, or local facility available for such purpose 
        under the circumstances;
            ``(2) an appropriate arrangement for such use of the 
        facility can be made; and
            ``(3) the facility satisfies the standards for the housing, 
        care, and security of persons held in custody by a United 
        States Marshal.
    ``(c) Reimbursement.--The Secretary of Homeland Security shall 
reimburse a State, or a political subdivision of a State, for all 
reasonable expenses, as determined by the Secretary, incurred by the 
State, or political subdivision, as a result of the incarceration and 
transportation of an alien who is inadmissible or deportable as 
described in subsections (a) and (b). Compensation provided for costs 
incurred under such subsections shall be the average cost of 
incarceration of a prisoner in the relevant State, as determined by the 
chief executive officer of a State, or of a political subdivision of a 
State, plus the cost of transporting the alien from the point of 
apprehension to the place of detention, and to the custody transfer 
point if the place of detention and place of custody are different.
    ``(d) Secure Facilities.--The Secretary of Homeland Security shall 
ensure that aliens incarcerated pursuant to this title are held in 
facilities that provide an appropriate level of security.
    ``(e) Transfer.--
            ``(1) In general.--In carrying out this section, the 
        Secretary of Homeland Security shall establish a regular 
        circuit and schedule for the prompt transfer of apprehended 
        aliens from the custody of States, and political subdivisions 
        of a State, to Federal custody.
            ``(2) Contracts.--The Secretary may enter into contracts, 
        including appropriate private contracts, to implement this 
        subsection.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 240C the 
following new item:

``Sec. 240D. Custody of inadmissible and deportable aliens present in 
                            the United States.''.

SEC. 505. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

    Subparagraph (A) of section 241(i)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1231(i)(3)) is amended by inserting ``charged 
with or'' before ``convicted''.

SEC. 506. LIMITATION ON STATE RECEIPT OF FEDERAL FUNDING.

    (a) In General.--A State or political subdivision of a State that 
has in place a law or policy described in subsection (b) may not 
receive--
            (1) grants made under subpart 1 of part E of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3750 et seq.);
            (2) grants made under part Q of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et 
        seq.); or
            (3) compensation under section 241(i) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(i)).
    (b) Law or Policy Described.--A law or policy is described in this 
subsection if the law or policy--
            (1) is in contravention of section 642(a) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1373(a));
            (2) prohibits or restricts law enforcement officers of that 
        State or political subdivision from collecting information 
        relating to an individual's immigration status; or
            (3) prohibits or restricts compliance with, or the honoring 
        of detainers issued by Immigration and Customs Enforcement.

SEC. 507. ICE DETAINERS.

    Section 287(d) of the Immigration and Nationality Act (8 U.S.C. 
1357(d)) is amended in the matter preceding paragraph (1), by striking 
``law relating to controlled substances,'' and inserting ``law,''.

SEC. 508. PRESERVATION OF THE SECURE COMMUNITIES PROGRAM AND REMOVAL OF 
              DEPORTABLE ALIENS IDENTIFIED UNDER THE INTEROPERABLE LAW 
              ENFORCEMENT AND INTELLIGENCE ELECTRONIC DATA SYSTEM.

    Section 202 of the Enhanced Border Security and Visa Entry Reform 
Act of 2002 (8 U.S.C. 1722) is amended--
            (1) in subsection (a)(2), by adding at the end the 
        following: ``Compliance with the requirements of this paragraph 
        shall include, at a minimum, the operation of the Secure 
        Communities program, as in effect on November 19, 2014.''; and
            (2) by adding at the end the following:
    ``(c) Required Action.--Upon receiving notice under the 
interoperable law enforcement and intelligence electronic data system 
established under subsection (a) that a deportable alien is in the 
custody of Federal, State, or local law enforcement, the Secretary of 
Homeland Security shall, following the conclusion of the charging 
process, dismissal process, or completion of the alien's sentence, as 
appropriate, issue a detainer, take the alien into custody, and 
initiate removal proceedings under section 238 or 240 of the 
Immigration and Nationality Act (8 U.S.C. 1228, 1229a), as 
appropriate.''.

             TITLE VI--ASYLUM REFORM AND BORDER PROTECTION

SEC. 601. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL.

    Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) 
is amended--
            (1) by inserting ``(a) In General.--'' before ``In any 
        removal'';
            (2) by striking ``(at no expense to the Government)''; and
            (3) by adding at the end the following:
    ``(b) No Expense to the Government.--Notwithstanding any other 
provision of law, in no instance shall the Government bear any expense 
for counsel for any person in removal proceedings or in any appeal 
proceedings before the Attorney General from any such removal 
proceedings.''.

SEC. 602. CREDIBLE FEAR INTERVIEWS.

    Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``208.'' and inserting 
``208, and it is more probable than not that the statements made by the 
alien in support of the alien's claim are true.''.

SEC. 603. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.

    (a) In General.--The Secretary of Homeland Security shall establish 
quality assurance procedures and take steps to effectively ensure that 
questions by employees of the Department of Homeland Security 
exercising 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, and that both these questions and the answers provided 
in response to them are recorded in a uniform fashion.
    (b) Factors Relating to Sworn Statements.--Where practicable, any 
sworn or signed written statement taken of an alien as part of the 
record of a proceeding under section 235(b)(1)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a 
recording of the interview which served as the basis for that sworn 
statement.
    (c) Interpreters.--The Secretary shall ensure that a competent 
interpreter, not affiliated with the government of the country from 
which the alien may claim asylum, is used when the interviewing officer 
does not speak a language understood by the alien and there is no other 
Federal, State, or local government employee available who is able to 
interpret effectively, accurately, and impartially.
    (d) Recordings in Immigration Proceedings.--Recordings of 
interviews of aliens subject to expedited removal shall be included in 
the record of proceeding and shall be considered as evidence in any 
further proceedings involving the alien.
    (e) No Private Right of Action.--Nothing in this section shall be 
construed to create any right, benefit, trust, or responsibility, 
whether substantive or procedural, enforceable in law or equity by a 
party against the United States, its departments, agencies, 
instrumentalities, entities, officers, employees, or agents, or any 
person, nor does this section create any right of review in any 
administrative, judicial, or other proceeding.

SEC. 604. SAFE THIRD COUNTRY.

    Section 208(a)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1158(a)(2)(A)) is amended--
            (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security''; and
            (2) by striking ``removed, pursuant to a bilateral or 
        multilateral agreement, to'' and inserting ``removed to''.

                        TITLE VII--MISCELLANEOUS

SEC. 701. SUSPENSION OF EFFECTIVENESS OF CERTAIN LAWS.

    (a) Waiver of Inadmissibility of Aliens Unlawfully Present.--
Section 212(a)(9)(B)(v) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(9)(B)(v)) is suspended during the period beginning on 
the date of the enactment of this Act and ending on January 20, 2017.
    (b) Designation for Temporary Protected Status.--No foreign state 
may be designated or redesignated under section 244(b) of the 
Immigration and Nationality Act (8 U.S.C. 1254a(b)) during the period 
beginning on the date of the enactment of this Act and ending on 
January 20, 2017. The preceding sentence shall not be construed to 
affect any extension of a designation under paragraph (3)(C) of such 
section, if the designation was made prior to the date of the enactment 
of this Act.

SEC. 702. TEMPORARY PROTECTED STATUS REFORM.

    Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking subparagraphs (B) 
                and (C) and redesignating subparagraph (D) as 
                subparagraph (B); and
                    (B) in paragraph (5), by striking ``to deny 
                temporary protected status to an alien based on the 
                alien's immigration status or'';
            (2) in subsection (b)--
                    (A) in paragraph (3)--
                            (i) in subparagraph (A), by striking ``, 
                        and any extended period of designation,'';
                            (ii) in subparagraph (B), by striking ``or, 
                        if later, the expiration of the most recent 
                        previous extension under subparagraph (C)''; 
                        and
                            (iii) in subparagraph (C), by striking ``is 
                        extended for'' and all that follows, and 
                        inserting ``may be extended for one additional 
                        period of up to 18 months, in the discretion of 
                        the Attorney General.''; and
                    (B) in paragraph (5)(B), by striking the second 
                sentence;
            (3) in subsection (c)(1)(A)--
                    (A) in clause (iii), by striking ``and'' at the 
                end;
                    (B) in clause (iv), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding after clause (iv) the following:
                            ``(v) the alien had lawful immigration 
                        status in the United States on the effective 
                        date of the most recent designation of that 
                        state.''; and
            (4) in subsection (g), by striking ``aliens who are or may 
        become otherwise deportable or have been paroled into the 
        United States'' and inserting ``aliens who may become otherwise 
        deportable''.
                                 <all>