[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3731 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3731
To respond to the Northern Triangle migrant surge at the southern
border in a strategic and humane manner, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2019
Mr. Thompson of Mississippi (for himself, Miss Rice of New York, Mr.
Khanna, Mr. Cleaver, Mrs. Watson Coleman, Ms. Clarke of New York, Ms.
Barragan, Ms. Underwood, Ms. Slotkin, Mr. Correa, Mr. Richmond, Mr.
McGovern, Mrs. Demings, Ms. Titus, Ms. Norton, Ms. Jackson Lee, Mr.
Langevin, Mr. Payne, and Mr. Green of Texas) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committees on Homeland Security, Foreign Affairs,
Agriculture, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To respond to the Northern Triangle migrant surge at the southern
border in a strategic and humane manner, 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; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Strategic and
Humane Southern Border Migrant Response Act''.
(b) Definitions.--For the purposes of this Act:
(1) The term ``family member'' means an individual who is--
(A) a parent or legal guardian;
(B) a spouse;
(C) a child;
(D) a step-family member;
(E) an immediate family member, to include adult
siblings; or
(F) an extended family member, to include aunts,
uncles, adult cousins, and grandparents.
(2) The term ``Flores Settlement Agreement'' means the
stipulated settlement agreement filed on January 17, 1997, in
the United States District Court for the Central District of
California in Flores v. Reno, CV 85-4544-RJK (commonly known as
the ``Flores settlement agreement'').
(3) The term ``metering'' means the U.S. Customs and Border
Protection policy to regulate the flow of asylum seekers at
ports of entry by denying asylum seekers access to ports of
entry.
(4) The term ``Migrant Protection Protocols'' means the
protocols announced by the Secretary of Homeland Security on
December 20, 2018, or any subsequent revisions to those
protocols where certain individuals seeking asylum in the
United States are returned to Mexico and to wait outside of the
United States for the duration of their immigration
proceedings.
(5) The term ``Northern Triangle countries'' means the
countries of El Salvador, Guatemala, and Honduras.
(6) The term ``Northern Triangle Migrant Crisis'' means the
increase in families and unaccompanied alien children
apprehended by U.S. Customs and Border Protection at the
southern border of the United States, predominantly from El
Salvador, Guatemala, and Honduras but not from Mexico, that
started in fiscal year 2012.
TITLE I--STRATEGY AND TASK FORCE
SEC. 101. NORTHERN TRIANGLE MIGRANT SURGE STRATEGIC RESPONSE PLAN.
(a) Strategic Response Plan.--Not later than 90 days after
enactment of this Act, the President shall transmit to Congress a
strategic response plan to manage the Northern Triangle Migrant Surge
that focuses on strengthening policies, procedures, practices, and
training to ensure timely and fair processing of individuals
apprehended at the southern border of the United States that seek
asylum under the law, including the provision of immediate protection
and humanitarian care.
(b) Implementation.--The President shall direct the leadership of
the following departments and agencies to change policies, procedures,
practices, and training to conform with the response plan required
under paragraph (1) within 90 days of the issuance of the strategic
response plan:
(1) Department of Homeland Security, including U.S. Customs
and Border Protection, Immigration and Customs Enforcement, and
U.S. Citizenship and Immigration Services.
(2) Department of Health and Human Services, including the
Office of Refugee and Resettlement.
(c) Contents.--The strategic response plan required under this
section shall focus primarily on the following:
(1) How to ensure timely and fair processing of individuals
apprehended at the southern border of the United States that
seek asylum under the law, including by eliminating practices
such as metering and the Migrant Protection Protocols.
(2) How to provide immediate care and humanitarian
protection to individuals apprehended at the southern border of
the United States who seek asylum under the law and arrive with
family members, are pregnant women, unaccompanied children,
elderly, and other vulnerable populations.
(3) How to ensure that at each stage of custody of
individuals apprehended at the southern border of the United
States that seek asylum under the law the individuals receive
appropriate medical screening and medical care, the provision
of regular meals and water, the availability of sanitary, and
safe shelter with access to bathroom and shower facilities,
basic toiletries and hygiene items, such as toilet paper, soap,
toothbrushes, and diapers and feminine hygiene products.
(4) How to adequately scale holding space capacity and
operational personnel to respond to surges of such individuals
in a timely manner, as well as identify any capability gaps
that may require resources outside of the Department.
(5) How to ensure compliance with the Flores settlement
agreement, which includes the transfer of unaccompanied alien
children to the custody of the Department of Health and Human
Services within 72 hours of determining that a child is an
unaccompanied alien child.
(6) What oversight mechanisms will be established or
augmented to ensure compliance with the strategic response
plan.
(d) Consideration.--In developing the strategic response plan
required under this section, the President shall consider management
alerts issued by the Department of Homeland Security Inspector General
on May 30, 2019, and July 2, 2019, and any related successor report.
SEC. 102. DEPARTMENT OF HOMELAND SECURITY JOINT TASK FORCE TO ADDRESS
THE NORTHERN TRIANGLE MIGRANT SURGE.
(a) In General.--Notwithstanding section 708(b)(11) of the Homeland
Security Act, not later than 30 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall establish and
operate a departmental Joint Task Force, pursuant to section 708 of the
Homeland Security Act, to conduct operations using personnel and
capabilities of the Department to manage the Northern Triangle Migrant
Surge--
(1) for purposes set forth at subparagraphs (i) and (ii) of
subsection (b)(2)(A) of section 708 of the Homeland Security
Act; and
(2) in furtherance of the strategic response plan required
under section 101 of this Act.
(b) Performance Metrics.--The Secretary shall submit performance
metrics for the Joint Task Force established pursuant to subsection (a)
to Congress, consistent with section 708(b)(9) of the Homeland Security
Act, that set forth performance metrics for the apprehension, timely
and fair processing, and the humane treatment of migrant families and
other individuals seeking asylum in furtherance of the strategic
response plan required under section 101 of this Act.
(c) Disbanding the Joint Task Force.--Upon establishment of the
Joint Task Force pursuant to subsection (a), the Secretary shall report
to Congress regarding conditions on the southern border of the United
States that would result in the Secretary deciding to disband the Joint
Task Force.
(c) Monthly Reports to Congress.--The Director of the Joint Task
Force, starting one month after establishment of the Joint Task Force
and monthly thereafter until it is disbanded, shall report to Congress
on the Joint Task Force's activities for the period and progress with
respect to implementing activities in furtherance of subsection 101 of
this Act.
(d) Notification.--Not later than 90 days after disbanding the
Joint Task Force, the Secretary shall notify Congress of such action.
(e) Interagency Border Emergency Cell Terminated.--Concurrent with
the establishment of the Joint Task Force pursuant to subsection (a),
the Secretary shall terminate the interagency border emergency cell
established on or about April 2, 2019.
TITLE II--MANAGEMENT AND OPERATIONS
Subtitle A--Humanitarian Care for Migrant Families
SEC. 201. PRESERVING UNITY OF MIGRANT FAMILIES.
(a) In General.--U.S. Customs and Border Protection shall maintain
family unity to the greatest extent operationally feasible, absent a
legal requirement or an articulable safety or security concern that
requires separation and notwithstanding section 462(g)(2) of the
Homeland Security Act, no child apprehended on the southern border of
the United States may be separated from a family member apprehended
with the child.
(b) Exception.--On a nondelegable basis, an Office of Field
Operations Field Director or Border Patrol Sector Chief may separate a
child from a family member only if there is evidence that the child may
be a trafficking victim in violation of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232 et seq.) and, in such instances, must retain records of the
evidence relied upon for reaching such a determination and, upon
separation, the location of the individuals involved.
SEC. 202. ESSENTIAL HUMANITARIAN CONDITIONS.
(a) Update Statutory Requirements for Short-Term Detention.--
Paragraph (1) of section 411(m) of the Homeland Security Act of 2002 (6
U.S.C. 211(m)) is amended to read as follows:
``(1) Access to appropriate temporary shelter, food, and
water.--The Commissioner shall make every effort to ensure the
provision to an individual apprehended by the Commissioner of
appropriate temporary shelter with access to bathroom and
shower facilities, water, appropriate nutrition, hygiene,
personal grooming items, and sanitation.''.
(b) Compliance.--Not later than 30 days after the date of enactment
of this Act, the Secretary of Homeland Security shall establish final
plans, standards, and protocols to protect the health and safety of
individuals in the custody of U.S. Customs and Border Protection, which
shall include--
(1) requirements on the availability and provision of
water, appropriate nutrition, hygiene, personal grooming items,
and sanitation needs;
(2) appropriate temporary shelter facilities with access to
bathroom and shower facilities and are maintained in conditions
that adhere to best practices for the care of children that
comply with the relevant recommendations of the American
Academy of Pediatrics, including the recommendations included
in the Policy Statement of the American Academy of Pediatrics
entitled, ``Detention of Immigrant Children'' issued in May
2017;
(3) required training for all Department of Homeland
Security personnel and contract personnel who interact with
migrants seeking refugee or asylum status while in U.S. Customs
and Border Protection custody; and
(4) transferring responsibilities, where possible, from
Department of Homeland Security personnel, particularly law
enforcement personnel, for the provision of care of families
and unaccompanied alien children apprehended at the southern
border of the United States to State-licensed, vetted, and
qualified contractors with trained medical and social work
staff while in U.S. Customs and Border Protection custody.
SEC. 203. UNIFORM PROCESSES FOR MEDICAL SCREENING OF INDIVIDUALS
INTERDICTED BETWEEN PORTS OF ENTRY.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231) is amended by adding at the end the
following new section:
``SEC. 437. MEDICAL SCREENING OF INDIVIDUALS INTERDICTED BETWEEN PORTS
OF ENTRY.
``(a) In General.--To improve border security and the processing of
individuals and families interdicted by the U.S. Border Patrol between
ports of entry, the Commissioner of U.S. Customs and Border Protection,
in coordination with the Chief Medical Officer of the Department,
shall, not later than thirty days after enactment of this section,
establish uniform processes and training to ensure consistent and
efficient medical screening of all individuals so interdicted before
transfer out of U.S. Customs and Border Protection custody but not
longer than 12 hours of such interdiction.
``(b) Screening Process Components.--At a minimum, the uniform
processes and training established under subsection (a) shall include
the following:
``(1) Requirements for initial screening that includes
documentation of the following:
``(A) Visual assessment of overall physical and
behavior state, including any possible disability.
``(B) A brief medical history including demographic
information, current medications, and any chronic or
past illnesses.
``(C) Any current medical complaints.
``(2) Criteria for determining when to make a referral to
higher medical care and a process to execute such referral.
``(3) Recordkeeping requirements on how information is to
be recorded for each initial screening, including information
on the use of interpretation services.
``(c) Training.--Starting sixty days after the issuance of the
uniform processes and training pursuant to subsection (a), any
individual carrying out medical screening at a U.S. Customs and Border
Protection facility of individuals interdicted by the U.S. Border
Patrol between ports shall complete training on the uniform
processes.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 436 the following new item:
``Sec. 437. Medical screening of persons interdicted between ports of
entry.''.
SEC. 204. TERMINATION OF INHUMANE PROTOCOLS AND POLICIES.
Not later than 30 days after enactment of this Act, the Migrant
Protection Protocols and U.S. Customs and Border Protection metering
policy shall be terminated.
SEC. 205. ALTERNATIVES TO DETENTION.
(a) In General.--Insert new section 890B in the Homeland Security
Act:
``SEC. 890B. ALTERNATIVES TO DETENTION PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish programs
to provide alternatives to detention under the immigration
laws.
``(2) Availability.--The programs under paragraph (1) shall
be available to an alien regardless of whether--
``(A) a decision on a charge of removability with
respect to the alien is pending; or
``(B) the alien is subject to an order of removal.
``(3) Continuum of supervision.--The programs under
paragraph (1) shall provide for a continuum of supervision
mechanisms and options, including community-based supervision
and community support.
``(4) Contracts with nongovernmental organizations.--The
Secretary may contract with one or more nongovernmental
organizations to provide services under this subsection and
subsection (b).
``(b) Restoration of the Family Case Management Program.--Not later
than 7 days after the date of the enactment of this section, the
Secretary shall fully restore the U.S. Immigration and Customs
Enforcement Family Case Management Program as the program existed on
January 21, 2016, which shall--
``(1) provide community supervision and community support
services, including case management services, appearance
services, and screening of aliens who have been detained; and
``(2) be carried out through a contract with a
nongovernmental organization that has demonstrated expertise in
providing such supervision and support services.
``(c) Determination of Vulnerable Population or Caregiver Status
Required.--
``(1) In general.--Except as provided in paragraph (3) and
subject to paragraph (2), not later than 72 hours after taking
an individual into custody under the immigration laws, the
Secretary, the Commissioner of U.S. Customs and Border
Protection, an immigration officer, or an immigration judge
shall make an individualized determination with respect to--
``(A) whether the individual may participate in an
alternatives to detention program, including the Family
Case Management Program described in subsection (b);
and
``(B) the appropriate level of supervision.
``(2) Presumption for placement in alternatives to
detention program.--
``(A) In general.--There shall be a presumption for
placement in an alternatives to detention program that
is a community-based supervision program for any alien
who is--
``(i) taken into the physical custody of
the Department of Homeland Security; and
``(ii) a member of a vulnerable population,
a parent of a child under 18 years of age, a
dependent caregiver, or a family caregiver.
``(B) Exception.--The presumption described in
subparagraph (A) shall not apply if the Secretary, the
Commissioner of U.S. Customs and Border Protection, an
immigration officer, or an immigration judge
specifically determines that the alien is a threat to
himself or herself or the public.
``(3) Exceptions.--Alternatives to detention programs shall
not be available to any individual--
``(A) detained under section 236A of the
Immigration and Nationality Act (8 U.S.C. 1226a); or
``(B) for whom release on bond or recognizance is
determined to be a sufficient measure to ensure
appearances at immigration proceedings and public
safety.
``(d) Annual Report.--Not later than one year after the Restoration
of the Family Case Management Program pursuant to subsection (b), and
annually thereafter, the Coordinator shall submit to Congress a report
that includes--
``(1) guidance and requirements for referral and placement
decisions in alternatives to detention programs;
``(2) information on enrollment in alternatives to
detention programs, disaggregated by field office;
``(3) information on the population enrolled in
alternatives to detention programs, disaggregated by type of
alternative to detention program and point of apprehension and,
to the extent possible, reflecting participation by migrant
families and unaccompanied alien children.
``(e) Definitions.--In this section:
``(1) Dependent caregiver.--The term `dependent caregiver'
means an individual who lives with, and provides more than \1/
2\ of the financial support required by, a family member who
is--
``(A) under 18 years of age; or
``(B) unable to engage in substantial employment
due to a physical or mental health condition or
disability.
``(2) Executive departments.--The term `executive
departments' has the meaning given the term in section 101 of
title 5, United States Code.
``(3) Family caregiver.--The term `family caregiver' means
an individual who lives with, and provides more than \1/2\ of
the personal care required by, a family member who is--
``(A) under 18 years of age; or
``(B) unable to engage in substantial employment
due to a physical or mental health condition or
disability.
``(4) Family member.--The term `family member', with
respect to an individual receiving personal care services or
financial support, means an individual who is--
``(A) a parent or legal guardian;
``(B) a spouse;
``(C) a child;
``(D) a step-family member;
``(E) an immediate family member, to include adult
siblings; or
``(F) an extended family member, to include aunts,
uncles, adult cousins, and grandparents.
``(5) Immigration laws.--The term `immigration laws' has
the meaning given the term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
``(6) Legal guardian.--The term `legal guardian' means a
legal guardian under State law or the law of a foreign country.
``(7) Member of a vulnerable population.--The term `member
of a vulnerable population' means an individual who--
``(A) is an asylum seeker or is otherwise seeking
lawful status;
``(B) is a victim of torture or trafficking;
``(C) has special religious, cultural, or spiritual
considerations;
``(D) is pregnant or nursing;
``(E) is under 21 years of age;
``(F) is older than 60 years of age;
``(G) identifies as gay, lesbian, bisexual,
transgender, or intersex;
``(H) is a victim or witness of a crime;
``(I) has a mental disorder or physical disability;
or
``(J) is experiencing severe trauma or is a
survivor of torture or gender-based violence, as
determined by an immigration judge or the Secretary
based on information obtained--
``(i) by the attorney or legal services
provider of the individual during intake; or
``(ii) through credible reporting by the
individual.
``(8) Parent.--The term `parent' means a biological or
adoptive parent of a child, whose parental rights have not been
relinquished or terminated under State law or the law of a
foreign country.
``(9) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(f) Rule of Construction.--Nothing in this section may be
construed to supersede or modify--
``(1) the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq.);
``(2) the Stipulated Settlement Agreement filed in the
United States District Court for the Central District of
California on January 17, 1997 (CV 85-4544-RJK) (commonly known
as the `Flores Settlement Agreement');
``(3) the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.);
``(4) any applicable Federal child welfare law, including
the Adoption and Safe Families Act of 1997 (Public Law 105-89);
and
``(5) any applicable State child welfare laws.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 890B the following new item:
``Sec. 890B. Alternatives to detention program.''
Subtitle B--Staffing, Support, and Resources
SEC. 211. NORTHERN TRIANGLE MIGRANT SURGE SUPPORT.
(a) In General.--Starting not later than 60 days after enactment of
this Act, the Secretary of Homeland Security shall enter into memoranda
of understanding with appropriate Federal agencies and applicable
emergency government relief services, and contracts with State-
licensed, vetted, and qualified contractors with health care, public
health, social work, and transportation professionals, for purposes of
providing care for families and unaccompanied alien children
apprehended at the southern border of the United States during the
Northern Triangle Migrant Surge.
(b) Strategic Deployment.--The Secretary of Homeland Security shall
ensure that the memoranda of understanding and contracts entered into
pursuant to subsection (a) ensure core capacity within the Department
of Homeland Security to provide adequate care to migrant families and
children while in short-term detention that includes physicians
specializing in pediatrics, family medicine, emergency medicine,
obstetrics and gynecology, geriatric medicine, internal medicine, and
infectious diseases; nurse practitioners; other nurses; physician
assistants; licensed social workers; mental health professionals;
public health professionals; and dieticians.
(c) Monthly Reports.--Beginning 90 days after enactment of this
Act, the Secretary of Homeland Security shall submit a monthly report
to the appropriate congressional committees on the memoranda of
understanding and contracts entered into pursuant to subsection (a) as
of that date together with--
(1) information on the deployment of physicians
specializing in pediatrics, family medicine, emergency
medicine, obstetrics and gynecology, geriatric medicine,
internal medicine, and infectious diseases; nurse
practitioners; other nurses; physician assistants; licensed
social workers; mental health professionals; public health
professionals; and dieticians within each border sector; and
(2) for each sector, the degree to which responsibilities
have been transferred from Department of Homeland Security
personnel, particularly law enforcement personnel, for the
provision of care of migrant families and unaccompanied alien
children apprehended at the southern border of the United
States to personnel under a memorandum of understanding or
contract.
SEC. 212. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Officers.--The Commissioner of U.S. Customs and Border
Protection shall every fiscal year hire, train, and assign not fewer
than 600 new officers above the level as of September 30 of the
immediately preceding fiscal year until the total number of officers
equals the requirements identified each year in the Workload Staffing
Model developed by the Commissioner.
(b) Investigators.--The Commissioner of U.S. Customs and Border
Protection shall every fiscal year hire, train, and assign 30 new full-
time investigators within the Office of Professional Responsibility of
U.S. Customs and Border Protection until the total number of
investigators enables the Office to fulfill its mission proportionate
to the number of new personnel hired in accordance with subsection (a).
(c) Traffic Forecasts.--In calculating the number of Office of
Field Operations officers needed at each port of entry through the
Workload Staffing Model, the Office of Field Operations shall--
(1) rely on data collected regarding the inspections and
other activities conducted at each such port of entry; and
(2) consider volume from the Northern Triangle Migrant
Surge and seasonal surges, other projected changes in
commercial and passenger volumes, the most current commercial
forecasts, and other relevant information.
(d) Amendment.--Subparagraph (A) of section 411(g)(5) of the
Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended--
(1) by striking ``model'' and inserting ``models'';
(2) by inserting ``agricultural specialists,'' before ``and
support personnel''; and
(3) by inserting before the period at the end the
following: ``, and information concerning the progress made
toward meeting officer hiring targets, while accounting for
attrition''.
SEC. 213. PORT OF ENTRY TEMPORARY DUTY ASSIGNMENTS.
(a) Quarterly Report.--Beginning 60 days after enactment of this
Act, the Commissioner of U.S. Customs and Border Protection shall
submit a quarterly report to the appropriate congressional committees
that includes, for the reporting period--
(1) the number of temporary duty assignments of U.S.
Customs and Border Protection Officers and support personnel
from a port of entry to a temporary duty assignment in response
to the Northern Triangle Migrant Surge;
(2) the ports of entry from which such employees were
reassigned;
(4) the ports of entry to which such employees were
reassigned;
(5) the ports of entry at which reimbursable service
agreements have been entered into that may be affected by
temporary duty assignments;
(6) the duration of each temporary duty assignment;
(7) the specific duties personnel will be undertaking
during each temporary duty assignment; and
(8) the cost of each temporary duty assignment.
(b) Notice.--Not later than 10 days before redeploying employees
from one port of entry to another in response to the Northern Triangle
Migrant Surge, absent emergency circumstances--
(1) the Commissioner of U.S. Customs and Border Protection
shall notify the director of the port of entry from which
employees will be reassigned of the intended redeployments; and
(2) the port director shall notify impacted facilities
(including airports, seaports, and land ports) of the intended
redeployments.
(a) Workforce Briefing.--The Commissioner of U.S. Customs and
Border Protection shall brief all affected U.S. Customs and Border
Protection employees regarding plans to mitigate vulnerabilities
created by any planned staffing reductions at ports of entry.
TITLE III--OVERSIGHT
SEC. 301. AUDITS AND INSPECTIONS.
(a) In General.--On an ongoing basis until the Joint Task Force
established under section 102 of this Act is disbanded, the Comptroller
General and Inspector General of the Department of Homeland Security
shall carry out audits and unannounced inspections of facilities in the
United States used for purposes of maintaining custody of or otherwise
housing individuals apprehended at the southern border of the United
States, including unaccompanied alien children (as defined in section
462(g)(2)) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)),
and report to Congress on compliance with the provisions of the Act.
(b) Coordination.--The Comptroller General and Inspector General of
the Department of Homeland Security shall, to the extent possible,
share information and coordinate audits and unannounced inspections to
ensure that Congress is provided with audit information on a regular
basis and that all facilities in the United States used for the
purposes of maintaining custody of or otherwise housing individuals
apprehended at the southern border of the United States, including
unaccompanied alien children (as defined in section 462(g)(2)) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), are subject to
regular audits and inspections.
SEC. 302. CONGRESSIONAL ACCESS.
Any Member of the United States Congress may enter, without prior
notification, any facility in the United States used for purposes of
maintaining custody of or otherwise housing individuals apprehended at
the southern border of the United States, including unaccompanied alien
children (as defined in section 462(g)(2)), of the Homeland Security
Act of 2002 (6 U.S.C. 279(g)(2)) for purposes of conducting oversight.
SEC. 303. PHOTOGRAPHS OF CONDITIONS.
The Inspector General of the Department of Homeland Security,
Comptroller General, or Member of Congress conducting oversight
pursuant to section 302 of this Act, shall be authorized to take
photographs of conditions in any facility in the United States used for
purposes of maintaining custody of or otherwise housing individuals
apprehended at the southern border of the United States, including
unaccompanied alien children (as defined in section 462(g)(2)) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), but shall not
publish photographs with personally identifiable information without
permission.
TITLE IV--NORTHERN TRIANGLE
SEC. 401. RESTORATION OF THE CENTRAL AMERICAN MINORS PROGRAM.
Not later than 7 days after the date of the enactment of this Act,
the Secretary shall fully restore the U.S. Citizenship and Immigration
Services Central American Minors Program as the program existed on July
31, 2017, to ensure a safe, legal, and orderly alternative to children
fleeing violence in Northern Triangle countries and, within 120 days of
enactment of this Act, increase the effectiveness of the program by--
(1) increasing the number of refugee officers available for
in-country processing;
(2) establishing additional site locations; and
(3) establishing program guidance prioritizing final
determinations on a completed application within 180 days of
completion of an application unless the security screening for
such child cannot be completed during the 180-day period.
SEC. 402. REFUGEE PROCESSING IN NORTHERN TRIANGLE AND MEXICO FOR THIRD
COUNTRY RESETTLEMENT.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Homeland Security, shall coordinate with the United
Nations High Commissioner for Refugees to support and provide technical
assistance to the Governments of Northern Triangle countries and Mexico
to ensure access to global resettlement for eligible children and
families with protection needs by--
(1) establishing and expanding in-country refugee reception
centers to meet the humanitarian needs of those seeking
international protection;
(2) improving the refugee registration system to ensure
that all refugees--
(A) are properly screened for security, including
biographic and biometric capture;
(B) receive due process and meaningful access to
existing legal protections; and
(C) receive proper documents to ensure freedom of
movement and access to basic social services;
(3) creating or expanding a cadre of trained refugee
officers capable of evaluating and deciding individual claims
for protection, consistent with international law and
obligations; and
(4) developing the capacity to conduct best interest
determinations for unaccompanied alien children to ensure
that--
(A) such children with international protection
needs are properly registered; and
(B) their needs are properly met, which may include
family reunification or resettlement based on
international protection needs.
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of State, in consultation with the Secretary
of Homeland Security, shall submit a report to Congress that describes
the plans of the Secretary of State to assist in developing the refugee
processing capabilities described in subsection (a).
SEC. 403. COOPERATION ON COMBATTING HUMAN SMUGGLING AND TRAFFICKING.
The Secretary of Homeland Security, in coordination with the
Secretary of State, shall expand partnership efforts with law
enforcement entities in the Northern Triangle countries and Mexico
seeking to combat human smuggling and trafficking in those countries,
including--
(1) the creation or expansion of transnational criminal
investigative units to identify, disrupt, and prosecute human
smuggling and trafficking operations;
(2) participation by U.S. Immigration and Customs
Enforcement and the Department of Justice in the Bilateral
Human Trafficking Enforcement Initiative with their Mexican law
enforcement counterparts; and
(3) advanced training programs for investigators and
prosecutors from Northern Triangle countries and Mexico.
SEC. 404. INVESTIGATION AND PROSECUTION OF HUMAN SMUGGLING AND
TRAFFICKING.
The Secretary of Homeland Security, acting through the Director of
U.S. Immigration and Customs Enforcement shall expand collaborative
programs involving Homeland Security Investigations that are aimed at
investigating and prosecuting human smugglers and traffickers targeting
Central American children and families and operating at the southern
border of the United States, including the continuation and expansion
of antitrafficking coordination teams.
SEC. 405. INFORMATION CAMPAIGN ON DANGERS OF MIGRATION.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of State, shall design and implement
public information campaigns in Northern Triangle countries--
(1) to disseminate information about the dangers of travel
across Mexico to the United States; and
(2) to combat misinformation about United States
immigration law or policy.
(b) Specifications.--The information campaigns implemented pursuant
to subsection (a) shall, to the greatest extent possible--
(1) be targeted at populations and localities with high
migration rates;
(2) employ a variety of communications media; and
(3) be developed in consultation with program officials at
the Department of Homeland Security, the Department of State,
or other government, nonprofit, or academic entities in close
contact with migrant populations from Northern Triangle
countries, including repatriated migrants.
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