[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 44 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 44

To provide for the expedited processing of unaccompanied alien children 
     illegally entering the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2015

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

_______________________________________________________________________

                                 A BILL


 
To provide for the expedited processing of unaccompanied alien children 
     illegally entering the United States, 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. EQUAL TREATMENT OF UNACCOMPANIED ALIEN CHILDREN.

    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 paragraph heading to 
                        read as follows: ``Rules for unaccompanied 
                        alien children'';
                            (ii) in subparagraph (A), by striking ``who 
                        is a national or habitual resident of a country 
                        that is contiguous with the United States'';
                            (iii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``may'' and inserting 
                                ``shall''; and
                                    (II) in clause (ii), by inserting 
                                ``not later than 72 hours after the 
                                child is screened under paragraph (4) 
                                by placing the child on the next 
                                available flight to such country, 
                                subject to determinations of cost, 
                                feasibility and any repatriation 
                                agreements with such country'' before 
                                the period at the end; and
                            (iv) in subparagraph (C), by striking 
                        ``countries contiguous to the United States'' 
                        and inserting ``countries from which large 
                        numbers of unaccompanied alien children are 
                        unlawfully entering the United States'';
                    (B) in paragraph (4)--
                            (i) by striking ``Within 48 hours of'' and 
                        inserting the following:
                    ``(A) In general.--Not later than 48 hours after''; 
                and
                            (ii) by striking ``Nothing in this 
                        paragraph'' and inserting the following:
                    ``(B) Gang affiliation.--If an immigration officer 
                determines that an unaccompanied alien child is, or has 
                been, affiliated with a criminal street gang (as 
                defined in section 521(a) of title 18, United States 
                Code), the child shall be treated in accordance with 
                paragraph (2)(B).
                    ``(C) Savings provision.--Nothing in this 
                paragraph''; and
                    (C) in paragraph (5)(D), by striking ``from a 
                contiguous country subject to exceptions under 
                subsection (a)(2)'' and inserting ``described in 
                paragraph (2)(A)''; and
            (2) in subsection (c)--
                    (A) by striking paragraphs (2) through (4);
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (3) and (4), respectively; and
                    (C) by inserting after paragraph (1) the following:
            ``(2) Mandatory detention for unaccompanied alien 
        children.--An unaccompanied alien child who is apprehended by 
        U.S. Border Patrol or U.S. Immigration and Customs Enforcement 
        shall be detained and remain in the custody of the Department 
        of Homeland Security until the child--
                    ``(A) voluntarily departs from the United States in 
                accordance with section 240B of the Immigration and 
                Nationality Act (8 U.S.C. 1229c);
                    ``(B) is expeditiously removed from the United 
                States in accordance with--
                            ``(i) an order of removal issued in 
                        accordance with section 235(b)(1) of such Act 
                        (8 U.S.C. 1225(b)(1)); or
                            ``(ii) a final order of removal issued at 
                        the conclusion of special removal proceedings 
                        conducted pursuant to section 240 of such Act 
                        (8 U.S.C. 1229a); or
                    ``(C) is legally admitted into the United States 
                as--
                            ``(i) a refugee under section 207 of such 
                        Act (8 U.S.C. 1157); or
                            ``(ii) an asylee under section 208 of such 
                        Act (8 U.S.C. 1158).''.

SEC. 2. EXPEDITED DUE PROCESS AND SCREENING OF UNACCOMPANIED ALIEN 
              CHILDREN.

    (a) In General.--Chapter 4 of the Immigration and Nationality Act 
(8 U.S.C. 1221 et seq.) is amended by inserting after section 235A the 
following:

``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING FOR 
              UNACCOMPANIED ALIEN CHILDREN.

    ``(a) Definitions.--In this section:
            ``(1) Asylum officer.--The term `asylum officer' means an 
        immigration officer who--
                    ``(A) has had professional training in country 
                conditions, asylum law, and interview techniques 
                comparable to that provided to full-time adjudicators 
                of applications under section 208, and
                    ``(B) is supervised by an officer who--
                            ``(i) meets the condition described in 
                        subparagraph (A); and
                            ``(ii) has had substantial experience 
                        adjudicating asylum applications.
            ``(2) Substantiated fear of persecution.--The term 
        `substantiated fear of persecution' means, after taking into 
        account the credibility of the statements made by the alien in 
        support of the alien's claim and such other facts as are known 
        to the officer, there is a significant possibility that the 
        alien could establish eligibility for asylum under section 208.
    ``(b) Proceeding.--
            ``(1) In general.--Not later than 7 days after the 
        screening of an unaccompanied alien child under section 
        235(a)(4) of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)), 
        an immigration judge shall conduct a proceeding to inspect, 
        screen, and determine the status of an unaccompanied alien 
        child who is an applicant for admission to the United States.
            ``(2) Biometric data collection.--The inspection and 
        screening required under paragraph (1) shall include the 
        collection of biometric data from each unaccompanied alien 
        child, including photographs and fingerprints.
            ``(3) Time limit.--Not later than 72 hours after the 
        conclusion of a proceeding with respect to an unaccompanied 
        alien child under this section, the immigration judge who 
        conducted such proceeding shall issue an order pursuant to 
        subsection (e).
    ``(c) Conduct of Proceeding.--
            ``(1) Authority of immigration judge.--The immigration 
        judge conducting a proceeding under this section--
                    ``(A) shall administer oaths, receive evidence, and 
                interrogate, examine, and cross-examine the alien and 
                any witnesses;
                    ``(B) may issue subpoenas for the attendance of 
                witnesses and presentation of evidence; and
                    ``(C) is authorized to sanction by civil money 
                penalty any action (or inaction) in contempt of the 
                judge's proper exercise of authority under this Act.
            ``(2) Form of proceeding.--A proceeding under this section 
        may take place--
                    ``(A) in person;
                    ``(B) at a location agreed to by the parties, in 
                the absence of the alien;
                    ``(C) through video conference; or
                    ``(D) through telephone conference.
            ``(3) Presence of alien.--If it is impracticable by reason 
        of an alien's mental incompetency for the alien to be present 
        at the proceeding, the Attorney General shall prescribe 
        safeguards to protect the rights and privileges of the alien.
            ``(4) Rights of the alien.--In a proceeding under this 
        section--
                    ``(A) the alien shall be given the privilege of 
                being represented, at no expense to the Government, by 
                counsel of the alien's choosing who is authorized to 
                practice in such proceedings;
                    ``(B) the alien shall be given a reasonable 
                opportunity--
                            ``(i) to examine the evidence against the 
                        alien;
                            ``(ii) to present evidence on the alien's 
                        own behalf; and
                            ``(iii) to cross-examine witnesses 
                        presented by the Government;
                    ``(C) the rights set forth in subparagraph (B) 
                shall not entitle the alien--
                            ``(i) to examine such national security 
                        information as the Government may proffer in 
                        opposition to the alien's admission to the 
                        United States; or
                            ``(ii) to an application by the alien for 
                        discretionary relief under this Act; and
                    ``(D) a complete record shall be kept of all 
                testimony and evidence produced at the proceeding.
            ``(5) Withdrawal of application for admission.--In the 
        discretion of the Attorney General, an alien applying for 
        admission to the United States may, and at any time, be 
        permitted to withdraw such application and immediately be 
        returned to the alien's country of nationality or country of 
        last habitual residence.
    ``(d) Decision and Burden of Proof.--
            ``(1) Decision.--
                    ``(A) In general.--At the conclusion of a 
                proceeding under this section, the immigration judge 
                shall determine whether an unaccompanied alien child is 
                likely to be--
                            ``(i) admissible to the United States; or
                            ``(ii) eligible for any form of relief from 
                        removal under this Act.
                    ``(B) Evidence.--The determination of the 
                immigration judge under subparagraph (A) shall be based 
                only on the evidence produced at the hearing.
            ``(2) Burden of proof.--
                    ``(A) In general.--In a proceeding under this 
                section, an alien who is an applicant for admission has 
                the burden of establishing, by a preponderance of the 
                evidence, that the alien--
                            ``(i) is likely to be entitled to be 
                        lawfully admitted to the United States or 
                        eligible for any form of relief from removal 
                        under this Act; or
                            ``(ii) is lawfully present in the United 
                        States pursuant to a prior admission.
                    ``(B) Access to documents.--In meeting the burden 
                of proof under subparagraph (A)(ii), the alien shall be 
                given access to--
                            ``(i) the alien's visa or other entry 
                        document, if any; and
                            ``(ii) any other records and documents, not 
                        considered by the Attorney General to be 
                        confidential, pertaining to the alien's 
                        admission or presence in the United States.
    ``(e) Orders.--
            ``(1) Placement in further proceedings.--If an immigration 
        judge determines that the unaccompanied alien child has met the 
        burden of proof under subsection (d)(2), the judge shall order 
        the alien to be placed in further proceedings in accordance 
        with section 240.
            ``(2) Orders of removal.--If an immigration judge 
        determines that the unaccompanied alien child has not met the 
        burden of proof required under subsection (d)(2), the judge 
        shall order the alien removed from the United States without 
        further hearing or review unless the alien claims--
                    ``(A) an intention to apply for asylum under 
                section 208; or
                    ``(B) a substantiated fear of persecution.
            ``(3) Claims for asylum.--If an unaccompanied alien child 
        described in paragraph (2) claims an intention to apply for 
        asylum under section 208 or a substantiated fear of 
        persecution, the officer shall order the alien referred for an 
        interview by an asylum officer under subsection (f).
    ``(f) Asylum Interviews.--
            ``(1) Conduct by asylum officer.--An asylum officer shall 
        conduct interviews of aliens referred under subsection (e)(3).
            ``(2) Referral of certain aliens.--If the officer 
        determines at the time of the interview that an alien has a 
        substantiated fear of persecution, the alien shall be held in 
        the custody of the Secretary of Health and Human Services 
        pursuant to section 235(b) of the William Wilberforce 
        Trafficking Victims Protection Reauthorization Act of 2008 (8 
        U.S.C. 1232(b)) during further consideration of the application 
        for asylum.
            ``(3) Removal without further review if no substantiated 
        fear of persecution.--
                    ``(A) In general.--Subject to subparagraph (C), if 
                the asylum officer determines that an alien does not 
                have a substantiated fear of persecution, the officer 
                shall order the alien removed from the United States 
                without further hearing or review.
                    ``(B) Record of determination.--The officer shall 
                prepare a written record of a determination under 
                subparagraph (A), which shall include--
                            ``(i) a summary of the material facts as 
                        stated by the applicant;
                            ``(ii) such additional facts (if any) 
                        relied upon by the officer;
                            ``(iii) the officer's analysis of why, in 
                        light of such facts, the alien has not 
                        established a substantiated fear of 
                        persecution; and
                            ``(iv) a copy of the officer's interview 
                        notes.
                    ``(C) Review of determination.--
                            ``(i) Rulemaking.--The Attorney General 
                        shall establish, by regulation, a process by 
                        which an immigration judge will conduct a 
                        prompt review, upon the alien's request, of a 
                        determination under subparagraph (A) that the 
                        alien does not have a substantiated fear of 
                        persecution.
                            ``(ii) Mandatory components.--The review 
                        described in clause (i)--
                                    ``(I) shall include an opportunity 
                                for the alien to be heard and 
                                questioned by the immigration judge, 
                                either in person or by telephonic or 
                                video connection; and
                                    ``(II) shall be conducted--
                                            ``(aa) as expeditiously as 
                                        possible;
                                            ``(bb) within the 24-hour 
                                        period beginning at the time 
                                        the asylum officer makes a 
                                        determination under 
                                        subparagraph (A), to the 
                                        maximum extent practicable; and
                                            ``(cc) in no case later 
                                        than 7 days after such 
                                        determination.
                    ``(D) Mandatory protective custody.--Any alien 
                subject to the procedures under this paragraph shall be 
                held in the custody of the Department of Homeland 
                Security--
                            ``(i) pending a final determination of 
                        substantiated fear of persecution; and
                            ``(ii) after a determination that the alien 
                        does not have such a fear, until the alien is 
                        removed.
    ``(g) Limitation on Administrative Review.--
            ``(1) In general.--Except as provided in paragraph (2) and 
        subsection (f)(4)(C), a removal order entered in accordance 
        with subsection (e)(2) or (f)(4)(A) is not subject to 
        administrative appeal.
            ``(2) Rulemaking.--The Attorney General shall establish, by 
        regulation, a process for the prompt review of an order under 
        subsection (e)(2) against an alien who claims under oath, or as 
        permitted under penalty of perjury under section 1746 of title 
        28, United States Code, after having been warned of the penal 
        ties for falsely making such claim under such conditions to 
        have been--
                    ``(A) lawfully admitted for permanent residence;
                    ``(B) admitted as a refugee under section 207; or
                    ``(C) granted asylum under section 208.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 235A the following:

``Sec. 235B. Humane and expedited inspection and screening for 
                            unaccompanied alien children.''.

SEC. 3. ASYLUM SEEKERS.

    (a) Refugee Defined.--Section 101(a)(42) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(42)) is amended--
            (1) in subparagraph (A), by striking ``because of 
        persecution or a well-founded fear of persecution on account 
        of'' and inserting ``the alien's life or freedom would be 
        threatened in that country because of the alien's''; and
            (2) in subparagraph (B), by striking ``who is persecuted or 
        who has a well-founded fear of persecution on account of'' and 
        inserting ``the person's life or freedom is threatened if the 
        person remains in that country because of the person's''.
    (b) Mandatory Detention.--Section 208(d) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)) is amended by adding at the end the 
following:
            ``(8) Detention.--The Secretary of Homeland Security shall 
        detain any alien seeking asylum under this section until the 
        alien--
                    ``(A) is removed from the United States in 
                accordance with--
                            ``(i) an order of removal issued in 
                        accordance with section 235(b)(1); or
                            ``(ii) a final order of removal issued at 
                        the conclusion of special removal proceedings 
                        conducted pursuant to section 240; or
                    ``(B) granted asylum under subsection (b).''.

SEC. 4. EXTENSION OF BAR TO REENTRY.

    Section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)) is amended--
            (1) in subparagraph (A)(i) by striking ``5 years'' and 
        inserting ``10 years''; and
            (2) in subparagraph (B)(i)(I), by striking ``3 years'' and 
        inserting ``10 years''.

SEC. 5. REPORTING REQUIREMENT.

    The Secretary of Homeland Security shall submit an annual report to 
Congress that identifies, for the previous 12-month period--
            (1) the number of aliens unlawfully present in the United 
        States who were apprehended by, or placed in the physical 
        custody of, U.S. Border Patrol or U.S. Immigration and Customs 
        Enforcement;
            (2) the number of aliens described in paragraph (1) who 
        were deported from the United States pursuant to a final order 
        of removal;
            (3) the number of aliens described in paragraph (1) who 
        departed from the United States without an order of removal 
        (voluntary departures); and
            (4) the number of aliens who were granted refugee status or 
        asylum.
                                 <all>