[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1303 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1303

To amend the Immigration and Nationality Act to address the protective 
    custody of alien children accompanied by parents, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2019

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

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to address the protective 
    custody of alien children accompanied by parents, 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 ``Humanitarian 
Upgrades to Manage and Assist our Nation's Enforcement Act of 2019'' or 
the ``HUMANE Act of 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Family unification.
Sec. 3. Repatriation of unaccompanied alien children.
Sec. 4. Child welfare and law enforcement information sharing.
Sec. 5. Accountability for children and taxpayers.
Sec. 6. Custody of unaccompanied alien children in removal proceedings 
                            under section 240 of the Immigration and 
                            Nationality Act.
Sec. 7. Fraud in connection with the transfer of custody of 
                            unaccompanied alien children.
Sec. 8. Notification of States and foreign governments, reporting, and 
                            monitoring.
Sec. 9. Reports to Congress.
Sec. 10. Asylum processing.
Sec. 11. Biometric and DNA collection.
Sec. 12. Standard operating procedures; facilities standards.
Sec. 13. Regional processing centers.
Sec. 14. Authorization to hire additional U.S. Customs and Border 
                            Protection and U.S. Immigration and Customs 
                            Enforcement personnel.
Sec. 15. Ports of entry infrastructure improvements.
Sec. 16. Foreign engagement strategy.
Sec. 17. Deterring visa overstays.

SEC. 2. FAMILY UNIFICATION.

    (a) In General.--Section 235 of the Immigration and Nationality Act 
(8 U.S.C. 1225) is amended by adding at the end the following:
    ``(e) Protective Custody of Arriving Alien Children Accompanied by 
Parents.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, including section 3142 of title 18, United States Code, 
        any judicial determination (including any judicial 
        determination made in Flores v. Sessions et. al. (9th Cir. July 
        5, 2017; C.D. CA. July 24, 2015)), consent decree, or 
        settlement agreement issued before the date of enactment of the 
        HUMANE Act of 2019, and section 236.3 of title 8, Code of 
        Federal Regulations (or a successor regulation), the Secretary 
        of Homeland Security is not required to implement the terms of 
        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''), and may not use any 
        Federal Funds to implement such agreement, with respect to an 
        alien child who is younger than 18 years of age if such child 
        is accompanied by a parent or legal guardian.
            ``(2) Family residential centers.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary of Homeland Security 
                shall house any alien child described in paragraph (1) 
                who is unlawfully present in the United States together 
                with the parent of such child in a family residential 
                center or a regional processing center maintained by 
                the Secretary of Homeland Security during the pendency 
                of civil or criminal proceedings.
                    ``(B) Exception.--The Secretary of Homeland 
                Security may not temporarily house an alien child 
                referred to in subparagraph (A) in the manner described 
                in such subparagraph if the Secretary--
                            ``(i) is unable to verify that an 
                        individual accompanying the alien child is the 
                        parent of the alien child;
                            ``(ii) determines that the accompanying 
                        parent of the alien child--
                                    ``(I) has a violent criminal 
                                history; or
                                    ``(II) has committed or been 
                                convicted of--
                                            ``(aa) an aggravated 
                                        felony;
                                            ``(bb) a crime involving 
                                        the attempted use of physical 
                                        force or the threatened use of 
                                        a deadly weapon;
                                            ``(cc) an assault resulting 
                                        in bodily injury (as defined in 
                                        section 2266 of title 18, 
                                        United States Code); or
                                            ``(dd) an offense described 
                                        in section 212(a)(2) or 
                                        237(a)(2);
                            ``(iii) determines that the alien child has 
                        been a victim of domestic abuse or sexual 
                        abuse; or
                            ``(iv) the alien child is--
                                    ``(I) a victim of trafficking;
                                    ``(II) at risk of becoming a victim 
                                of trafficking;
                                    ``(III) in danger of abuse or 
                                neglect at the hands of the 
                                accompanying parent of the alien child; 
                                or
                                    ``(IV) a danger to himself or 
                                herself or to others.
                    ``(C) Conditions for custody.--The Secretary of 
                Homeland Security shall ensure that--
                            ``(i) each family residential facility or 
                        regional processing center, as applicable, is 
                        secure and safe; and
                            ``(ii) each alien child and each 
                        accompanying parent at a family residential 
                        facility or regional processing center--
                                    ``(I) has suitable living 
                                accommodations;
                                    ``(II) has access to drinking water 
                                and food;
                                    ``(III) has timely access to 
                                medical assistance, including mental 
                                health assistance;
                                    ``(IV) has access to recreational 
                                facilities, educational services, 
                                entertainment options, clothing, family 
                                visitation, and legal counsel (to the 
                                greatest extent practicable in 
                                accordance with section 292); and
                                    ``(V) has access to any other 
                                service necessary for the adequate care 
                                of a minor child.
            ``(3) Protective custody of accompanied alien children 
        ineligible for housing in a family residential center.--If an 
        alien child described in paragraph (1) may not be housed with 
        the accompanying parent of the alien child in a family 
        residential center or regional processing center in accordance 
        with paragraph (2)(A), the child shall be treated as an 
        unaccompanied alien child under the William Wilberforce 
        Trafficking Victims Protection Reauthorization Act of 2008 (8 
        U.S.C. 1232 et seq.).
            ``(4) Prioritization of accompanied minor and family unit 
        proceedings.--To the maximum extent practicable, the Secretary 
        of Homeland Security and the Attorney General shall prioritize 
        civil and criminal proceedings and decisions on requests for 
        relief from removal of accompanied alien children and families 
        who are in custody under this subsection.''.
    (b) Applicability.--The amendments made by this Act shall apply 
regardless of the date of the occurrence of an action giving rise to 
the admissibility or custody of the accompanied child or parent.
    (c) Rule of Construction.--Nothing in this section, or in the 
amendments made by this section, may be construed as terminating the 
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''), with respect to an unaccompanied alien child (as defined 
in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
279(g)(2))).

SEC. 3. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Section 235(a) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(a)) is amended--
            (1) in paragraph (2)--
                    (A) by amending the paragraph heading to read as 
                follows: ``Rules for unaccompanied alien children.--'';
                    (B) in subparagraph (A), 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 shall be treated in accordance with 
                subparagraph (B)'' and inserting ``shall be treated in 
                accordance with subparagraph (B) or subsection (b), as 
                appropriate''; and
                    (C) in subparagraph (C)--
                            (i) by amending the subparagraph heading to 
                        read as follows: ``Agreements with foreign 
                        countries.--''; and
                            (ii) in the matter preceding clause (i), by 
                        inserting ``and any other foreign country that 
                        the Secretary determines to be appropriate'' 
                        after ``countries contiguous to the United 
                        States'';
            (2) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively; and
            (3) inserting after paragraph (2) the following:
            ``(3) Mandatory expedited removal of criminals and gang 
        members.--Notwithstanding any other provision of law, the 
        Secretary of Homeland Security shall place an unaccompanied 
        alien child in a proceeding in accordance with section 235 of 
        the Immigration and Nationality Act (8 U.S.C. 1225), if the 
        Secretary determines or has reason to believe that the alien--
                    ``(A) has been convicted of any offense carrying a 
                maximum term of imprisonment of more than 180 days;
                    ``(B) has been convicted of, or found to be a 
                juvenile offender based on, an offense that involved--
                            ``(i) the use or attempted use of physical 
                        force, or threatened use of a deadly weapon;
                            ``(ii) the purchase, sale, offering for 
                        sale, exchange, use, ownership, possession, or 
                        carrying, or, of attempting or conspiring to 
                        purchase, sell, offer for sale, exchange, use, 
                        own, possess, or carry, any weapon, part, or 
                        accessory which is a firearm or destructive 
                        device (as defined in section 921(a) of title 
                        18, United States Code) in violation of any 
                        law;
                            ``(iii) child abuse and neglect (as defined 
                        in section 40002(a)(3) of the Violence Against 
                        Women Act of 1994 (34 U.S.C. 12291(a)(3)));
                            ``(iv) assault resulting in bodily injury 
                        (as defined in section 2266 of title 18, United 
                        States Code);
                            ``(v) the violation of a protection order 
                        (as defined in section 2266 of title 18, United 
                        States Code);
                            ``(vi) driving while intoxicated or driving 
                        under the influence (as such terms are defined 
                        in section 164 of title 23, United States 
                        Code); or
                            ``(vii) any offense under foreign law 
                        (except a purely political offense) that, if 
                        the offense had been committed in the United 
                        States, would render the alien inadmissible 
                        under section 212(a) of the Immigration and 
                        Nationality Act (8 U.S.C. 1182(a));
                    ``(C) has been convicted of, or found to be a 
                juvenile offender based on, more than 1 criminal 
                offense (other than minor traffic offenses);
                    ``(D) has been convicted of, or found to be a 
                juvenile offender based on a crime of violence or an 
                offense under Federal, State, or Tribal law, that has, 
                as an element, the use or attempted use of physical 
                force or the threatened use of physical force or a 
                deadly weapon;
                    ``(E) has engaged in, is engaged in, or is likely 
                to engage after entry in any terrorist activity (as 
                defined in section 212(a)(3)(B)(iii) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))), or 
                intends to participate or has participated in the 
                activities of a foreign terrorist organization (as 
                designated under section 219 of the Immigration and 
                Nationality Act (8 U.S.C. 1189));
                    ``(F) has engaged in, is engaged in, or any time 
                after a prior admission engages in activity described 
                in section 237(a)(4) of the Immigration and Nationality 
                Act (8 U.S.C. 1227(a)(4));
                    ``(G) is or was a member of a criminal gang (as 
                defined in section 101(a)(53) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(53)));
                    ``(H) provided materially false, fictitious, or 
                fraudulent information regarding age or identity to the 
                United States Government with the intent to 
                inaccurately classify as an unaccompanied alien child; 
                or
                    ``(I) has entered the United States more than once 
                in violation of section 275(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1325(a)), knowing that the 
                entry was unlawful.''.
    (b) Prioritization of Proceedings.--The Secretary of Homeland 
Security and the Attorney General shall ensure that immigration 
proceedings and any claims for relief, including asylum, for an 
unaccompanied minor child are prioritized and expeditiously 
adjudicated.

SEC. 4. CHILD WELFARE AND LAW ENFORCEMENT INFORMATION SHARING.

    Section 235(b) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) is amended by 
adding at the end the following:
            ``(5) Information sharing.--
                    ``(A) Immigration status.--If the Secretary of 
                Health and Human Services considers placing an 
                unaccompanied alien child with a potential sponsor, the 
                Secretary of Homeland Security shall notify the 
                Secretary of Health and Human Services of the 
                immigration status of such potential sponsor before 
                making such placement.
                    ``(B) Other information.--The Secretary of Health 
                and Human Services, upon request, shall provide to the 
                Secretary of Homeland Security and the Attorney General 
                any relevant information relating to an unaccompanied 
                alien child who is, or has been, in the custody of the 
                Secretary of Health and Human Services, including the 
                location of such child and any person to whom custody 
                of the child has been transferred, for any legitimate 
                law enforcement objective, including the enforcement of 
                the immigration laws.''.

SEC. 5. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.

    Section 235(b) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008, as amended by section 4, is 
further amended by adding at the end the following:
            ``(6) Inspection of facilities.--The Inspector General of 
        the Department of Health and Human Services shall conduct 
        regular inspections of facilities utilized by the Secretary of 
        Health and Human Services to provide care and custody of 
        unaccompanied alien children who are in the immediate custody 
        of the Secretary to ensure that such facilities are operated in 
        the most efficient manner practicable.
            ``(7) Facility operations costs.--The Secretary of Health 
        and Human Services shall ensure that facilities utilized to 
        provide care and custody of unaccompanied alien children are 
        operated efficiently and at a rate of cost that is not greater 
        than $500 per day for each child housed or detained at such 
        facility, unless the Secretary certifies that compliance with 
        this requirement is temporarily impossible due to emergency 
        circumstances.''.

SEC. 6. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN IN REMOVAL PROCEEDINGS 
              UNDER SECTION 240 OF THE IMMIGRATION AND NATIONALITY ACT.

    (a) In General.--Section 235(c)(2) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(c)(2)) is amended by adding at the end the following:
                    ``(C) Children in removal proceedings under section 
                240.--
                            ``(i) Limitation on placement.--
                        Notwithstanding any settlement or consent 
                        decree previously issued before the date of the 
                        enactment of this subparagraph, section 236.3 
                        of title 8, Code of Federal Regulations, or a 
                        similar successor regulation, an unaccompanied 
                        alien child who has been placed in a proceeding 
                        under section 240 of the Immigration and 
                        Nationality Act (8 U.S.C. 1229a) may not be 
                        placed in the custody of a nongovernmental 
                        sponsor or otherwise released from the 
                        immediate custody of the United States 
                        Government unless--
                                    ``(I) the nongovernmental sponsor 
                                is a biological or adoptive parent or 
                                legal guardian of the unaccompanied 
                                alien child;
                                    ``(II) the parent or legal guardian 
                                is legally present in the United States 
                                at the time of such placement;
                                    ``(III) the parent or legal 
                                guardian has undergone a mandatory 
                                biometric criminal history check;
                                    ``(IV) if the nongovernmental 
                                sponsor is the biological parent, the 
                                parent's relationship to the alien 
                                child has been verified through DNA 
                                testing conducted by the Secretary of 
                                Health and Human Services;
                                    ``(V) if the nongovernmental 
                                sponsor is the adoptive parent, the 
                                parent's relationship to the alien 
                                child has been verified with the 
                                judicial court that issued the final 
                                legal adoption decree by the Secretary 
                                of Health and Human Services; and
                                    ``(VI) the Secretary of Health and 
                                Human Services has determined that the 
                                alien child is not a danger to himself 
                                or herself, a danger to the community, 
                                or a flight risk.
                            ``(ii) Exceptions.--If the Secretary of 
                        Health and Human Services determines that an 
                        unaccompanied alien child is a victim of severe 
                        forms of trafficking in persons (as defined in 
                        section 103 of the Trafficking Victims 
                        Protection Act of 2000 (22 U.S.C. 7102)), a 
                        special needs child with a disability (as 
                        defined in section 3 of the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 12102)), a 
                        child who has been a victim of physical or 
                        sexual abuse under circumstances that indicate 
                        that the child's health or welfare has been 
                        significantly harmed or threatened, or a child 
                        with mental health needs that require ongoing 
                        assistance from a social welfare agency, such 
                        child may be placed with a grandparent or adult 
                        sibling if the grandparent or adult sibling 
                        meets the requirements for parents or legal 
                        guardians under subclauses (II), (III), and 
                        (IV) of clause (i).
                            ``(iii) Failure to appear.--
                                    ``(I) Civil penalty.--Except as 
                                provided in subclause (II), if an 
                                unaccompanied alien child who was 
                                placed with a sponsor fails to appear 
                                in a mandatory court appearance, the 
                                sponsor shall be subject to a civil 
                                penalty of $250 per day until the alien 
                                appears in court, up to a maximum 
                                penalty of $5,000.
                                    ``(II) Burden of proof.--The 
                                penalty under subclause (I) shall not 
                                apply to a sponsor who--
                                            ``(aa) appears in person 
                                        and proves to the immigration 
                                        court that the failure to 
                                        appear by the unaccompanied 
                                        alien child was not the fault 
                                        of the sponsor; and
                                            ``(bb) supplies the 
                                        immigration court with 
                                        documentary evidence that 
                                        supports the assertion 
                                        described in item (aa).
                            ``(iv) Prohibition on placement with sex 
                        offenders and human traffickers.--The Secretary 
                        of Health and Human Services may not place an 
                        unaccompanied alien child under this 
                        subparagraph in the custody of an individual 
                        who has been convicted of, or the Secretary has 
                        reason to believe was otherwise involved in the 
                        commission of--
                                    ``(I) a sex offense (as defined in 
                                section 111 of the Sex Offender 
                                Registration and Notification Act (34 
                                U.S.C. 20911));
                                    ``(II) a crime involving severe 
                                forms of trafficking in persons (as 
                                defined in section 103 of the 
                                Trafficking Victims Protection Act of 
                                2000 (22 U.S.C. 7102)); or
                                    ``(III) an offense under Federal, 
                                State, or Tribal law that has, as an 
                                element of the offense, the use or 
                                attempted use of physical force or the 
                                threatened use of physical force or a 
                                deadly weapon.
                            ``(v) Requirements of criminal background 
                        check.--Each biometric criminal history check 
                        required under clause (i)(III) shall be 
                        conducted using a set of fingerprints or other 
                        biometric identifier through--
                                    ``(I) the Federal Bureau of 
                                Investigation;
                                    ``(II) criminal history 
                                repositories of all States that the 
                                individual lists as current or former 
                                residences; and
                                    ``(III) any other Federal or State 
                                database or repository that the 
                                Secretary of Health and Human Services 
                                determines to be appropriate.''.
    (b) Home Studies and Follow-Up Services for Unaccompanied Alien 
Children.--Section 235(c)(3) of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is 
amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) Home studies.--
                            ``(i) In general.--Except as provided under 
                        clause (ii), the Secretary of Health and Human 
                        Services shall determine whether a home study 
                        is necessary before placing a child with an 
                        individual.
                            ``(ii) Required home studies.--A home study 
                        shall be conducted for a child--
                                    ``(I) who is a victim of a severe 
                                form of trafficking in persons or is a 
                                special needs child with a disability 
                                (as defined in section 3 of the 
                                Americans with Disabilities Act of 1990 
                                (42 U.S.C. 12102));
                                    ``(II) who has been a victim of 
                                physical or sexual abuse under 
                                circumstances that indicate that the 
                                child's health or welfare has been 
                                significantly harmed or threatened;
                                    ``(III) whose proposed sponsor 
                                presents a risk of abuse, maltreatment, 
                                exploitation, or trafficking to the 
                                child based on all available objective 
                                evidence if more than 2 other children 
                                are residing with the proposed sponsor, 
                                or if such sponsor has custody of at 
                                least 1 other unaccompanied alien 
                                child; or
                                    ``(IV) if more than 2 other 
                                children are residing with the proposed 
                                sponsor, or if such sponsor has custody 
                                of at least 1 other unaccompanied alien 
                                child.
                    ``(C) Follow-up services and additional home 
                studies.--
                            ``(i) Pendency of removal proceedings.--Not 
                        less frequently than once every 180 days until 
                        the date on which initial removal proceedings 
                        are completed and the immigration judge issues 
                        an order of removal, grants voluntary departure 
                        under section 240B, or grants the alien relief 
                        from removal, the Secretary of Health and Human 
                        Services shall conduct follow-up services for 
                        any child for whom a home study was conducted 
                        and who was placed with a nongovernmental 
                        sponsor.
                            ``(ii) Children with mental health or other 
                        needs.--Not less frequently than once every 180 
                        days, until the date that is 2 years after the 
                        date on which a child is placed with a 
                        nongovernmental sponsor, the Secretary of 
                        Health and Human Services shall conduct follow-
                        up services for any child with mental health 
                        needs or other needs who could benefit from 
                        ongoing assistance from a social welfare 
                        agency.
                            ``(iii) Children at risk.--Not less 
                        frequently than once every 90 days until the 
                        date that is 2 years after the date on which a 
                        child is placed with a nongovernmental sponsor, 
                        the Secretary of Health and Human Services 
                        shall conduct home studies and follow-up 
                        services, including partnering with local 
                        community programs that focus on early morning 
                        and after school programs for at-risk children 
                        who--
                                    ``(I) need a secure environment to 
                                engage in studying, training, and 
                                skills-building programs; and
                                    ``(II) are at risk for recruitment 
                                by criminal gangs or other 
                                transnational criminal organizations in 
                                the United States.''.

SEC. 7. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY OF 
              UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1041. Fraud in connection with the transfer of custody of 
              unaccompanied alien children
    ``(a) In General.--It shall be unlawful for a person to obtain 
custody of an unaccompanied alien child (as defined in section 462(g) 
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)))--
            ``(1) by making any materially false, fictitious, or 
        fraudulent statement or representation; or
            ``(2) by making or using any false writing or document with 
        the knowledge that such writing or document contains any 
        materially false, fictitious, or fraudulent statement or entry.
    ``(b) Penalties.--
            ``(1) In general.--Any person who violates, or attempts or 
        conspires to violate, subsection (a) shall be fined under this 
        title and imprisoned for not less than 1 year.
            ``(2) Enhanced penalty for trafficking.--If the primary 
        purpose of a violation, attempted violation, or conspiracy to 
        violate this section was to subject the child to sexually 
        explicit activity or any other form of exploitation, the 
        offender shall be fined under this title and imprisoned for not 
        less than 15 years.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 47 of 
title 18, United States Code, is amended by adding at the end the 
following:

``1041. Fraud in connection with the transfer of custody of 
                            unaccompanied alien children.''.

SEC. 8. NOTIFICATION OF STATES AND FOREIGN GOVERNMENTS, REPORTING, AND 
              MONITORING.

    Section 235 of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232), as amended by 
this Act, is further amended by adding at the end the following:
    ``(k) Notification to States.--
            ``(1) Before placement.--The Secretary of Homeland Security 
        or the Secretary of Health and Human Services shall notify the 
        Governor of a State not later than 48 hours before placing an 
        unaccompanied alien child who is in the custody of such 
        Secretary into the care of a facility or sponsor in such State.
            ``(2) Initial reports.--Not later than 60 days after the 
        date of the enactment of this subsection, the Secretary of 
        Health and Human Services shall submit a report to the Governor 
        of each State in which an unaccompanied alien child was 
        discharged to a sponsor or placed in a facility while remaining 
        in the legal custody of the Secretary during the period 
        beginning October 1, 2013, and ending on the date of the 
        enactment of this subsection.
            ``(3) Monthly reports.--The Secretary of Health and Human 
        Services shall submit a monthly report to the Governor of each 
        State in which, during the reporting period, an unaccompanied 
        alien child was discharged to a sponsor or placed in a facility 
        while remaining in the legal custody of the Secretary of Health 
        and Human Services.
            ``(4) Contents.--Each report required to be submitted to 
        the Governor of a State under paragraph (2) or (3) shall 
        identify the number of unaccompanied alien children placed in 
        the State during the reporting period, disaggregated by--
                    ``(A) the locality in which the aliens were placed; 
                and
                    ``(B) the age of such aliens.
    ``(l) Notification of Foreign Country.--The Secretary of Homeland 
Security shall provide information regarding each unaccompanied alien 
child to the government of the country of which the child is a national 
to assist such government with the identification and reunification of 
such child with their parent or other qualifying relative.
    ``(m) Monitoring Requirement.--The Secretary of Health and Human 
Services shall--
            ``(1) require all sponsors to agree--
                    ``(A) to receive approval from the Secretary of 
                Health and Human Services before changing the location 
                in which the sponsor is housing an unaccompanied alien 
                child placed in the sponsor's custody; and
                    ``(B) to provide a current address for the child 
                and the reason for the change of address;
            ``(2) provide regular and frequent monitoring of the 
        physical and emotional well-being of each unaccompanied alien 
        child who has been discharged to a sponsor or remained in the 
        legal custody of the Secretary until the child's immigration 
        case is resolved; and
            ``(3) not later than 60 days after the date of the 
        enactment of this subsection, submit a plan to Congress for 
        implementing the requirements under paragraphs (1) and (2).''.

SEC. 9. REPORTS TO CONGRESS.

    (a) Reports on Care of Unaccompanied Alien Children.--Not later 
than September 30, 2020, the Secretary of Health and Human Services 
shall submit to Congress, and make publicly available, a report that 
includes--
            (1) a detailed summary of the contracts in effect to care 
        for and house unaccompanied alien children, including the names 
        and locations of contractors and the facilities being used;
            (2) for each contractor and facility referred to in 
        paragraph (1), the cost per day to care for and house an 
        unaccompanied alien child, including an explanation of such 
        cost;
            (3) the number of unaccompanied alien children who have 
        been released to a sponsor, if any;
            (4) a list of the States to which unaccompanied alien 
        children have been released from the custody of the Secretary 
        of Health and Human Services to the care of a sponsor or 
        placement in a facility;
            (5) the number of unaccompanied alien children who have 
        been released to a sponsor who is not lawfully present in the 
        United States, including the country of nationality or last 
        habitual residence and age of such children;
            (6) a determination of whether more than 1 unaccompanied 
        alien child has been released to the same sponsor, including 
        the number of children who were released to such sponsor;
            (7) an assessment of the extent to which the Secretary of 
        Health and Human Services is monitoring the release of 
        unaccompanied alien children, including home studies done and 
        electronic monitoring devices used;
            (8) an assessment of the extent to which the Secretary of 
        Health and Human Services is making efforts--
                    (A) to educate unaccompanied alien children about 
                their legal rights; and
                    (B) to provide unaccompanied alien children with 
                access to pro bono counsel; and
            (9) the extent of the public health issues of unaccompanied 
        alien children, including contagious diseases, the benefits or 
        medical services provided, and the outreach to States and 
        localities about public health issues, that could affect the 
        public.
    (b) Reports on Repatriation Agreements.--Not later than September 
30, 2020, the Secretary of State shall submit to Congress, and make 
publicly available, a report that--
            (1) includes a copy of any repatriation agreement in effect 
        for unaccompanied alien children;
            (2) describes any such repatriation agreement that is being 
        considered or negotiated; and
            (3) describes the funding provided by the United States 
        Government to the 20 countries that have the highest number of 
        nationals entering the United States as unaccompanied alien 
        children, including amounts provided--
                    (A) to deter the nationals of each country from 
                illegally entering the United States; and
                    (B) to care for or reintegrate repatriated 
                unaccompanied alien children in the country of 
                nationality or last habitual residence.
    (c) Reports on Returns to Country of Nationality.--Not later than 
September 30, 2020, the Secretary of Homeland Security shall submit to 
Congress, and make publicly available, a report that identifies--
            (1) the number of unaccompanied alien children who have 
        voluntarily returned to their country of nationality or 
        habitual residence, disaggregated by--
                    (A) country of nationality or habitual residence; 
                and
                    (B) age of the unaccompanied alien children;
            (2) the number of unaccompanied alien children who have 
        been returned to their country of nationality or habitual 
        residence, including the length of time such children were 
        present in the United States;
            (3) the number of unaccompanied alien children who have not 
        been returned to their country of nationality or habitual 
        residence pending travel documents or other requirements from 
        such country, including how long they have been waiting to 
        return; and
            (4) the number of unaccompanied alien children who were 
        granted relief in the United States, whether through asylum, 
        any other immigration benefit or status, or deferred action.
    (d) Reports on Immigration Proceedings.--Not later than September 
30, 2020, and not less frequently than every 90 days thereafter, the 
Secretary of Homeland Security, in coordination with the Director of 
the Executive Office for Immigration Review, shall submit to Congress, 
and make publicly available, a report that identifies--
            (1) the number of unaccompanied alien children who, after 
        proceedings under section 235B of the Immigration and 
        Nationality Act (were returned to their country of nationality 
        or habitual residence, disaggregated by--
                    (A) country of nationality or residence; and
                    (B) age and gender of such aliens;
            (2) the number of unaccompanied alien children who, after 
        proceedings under section 235(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1225(b)), prove a claim of 
        admissibility and are placed in proceedings under section 240 
        of that Act (8 U.S.C. 1229a);
            (3) the number of unaccompanied alien children who fail to 
        appear at a removal hearing that such alien was required to 
        attend;
            (4) the number of sponsors who were levied a penalty, 
        including the amount and whether the penalty was collected, for 
        the failure of an unaccompanied alien child to appear at a 
        removal hearing; and
            (5) the number of aliens that are classified as 
        unaccompanied alien children, the ages and countries of 
        nationality of such children, and the orders issued by the 
        immigration judge at the conclusion of proceedings under 
        section 235(b) of the Immigration and Nationality Act for such 
        children.

SEC. 10. ASYLUM PROCESSING.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 
1158(a)) is amended--
            (1) in subsection (a), by striking ``(whether or not at a 
        designated port of arrival and including an alien who is 
        brought to the United States after having been interdicted in 
        international or United States waters),'' and inserting ``at a 
        designated port of entry (including an alien who is brought to 
        the United States after having been interdicted in 
        international or United States waters),''; and
            (2) in subsection (b)(2)(A)--
                    (A) in clause (v), by striking ``or'' at the end;
                    (B) in clause (vi), by striking the period at the 
                end and inserting ``; or'' at the end; and
                    (C) by adding at the end the following:
                            ``(vii) the alien arrived in the United 
                        States anywhere other than at a designated port 
                        of entry.''.

SEC. 11. BIOMETRIC AND DNA COLLECTION.

    (a) Collection of Biometric Information.--The Commissioner of U.S. 
Customs and Border Protection shall verify parentage or other family 
relationships of individuals apprehended along the border or at 
designated ports of entry, in accordance with section 411(c) of the 
Homeland Security Act of 2002 (6 U.S.C. 211(c)), by photographing and 
collecting biometric information from all alien children apprehended by 
U.S. Customs and Border Protection who were younger than 18 years of 
age at the time of such apprehension.
    (b) Collection of DNA Samples.--
            (1) In general.--The Secretary of Homeland Security or the 
        Attorney General shall verify parentage or other family 
        relationships of individuals apprehended along the border or at 
        designated ports of entry, in accordance with section 3(a) of 
        the DNA Analysis Backlog Elimination Act of 2000 (34 U.S.C. 
        40702(a)), shall conduct DNA analysis from all alien children 
        younger than 18 years of age who are in the custody of U.S. 
        Customs and Border Protection or U.S. Immigration and Customs 
        Enforcement.
            (2) Rapid dna.--DNA analysis conducted under paragraph (1) 
        may be may be carried out with Rapid DNA instruments (as 
        defined in section 3(c)(3) of the DNA Analysis Backlog 
        Elimination Act of 2000 (34 U.S.C. 40702(c)(3))).

SEC. 12. STANDARD OPERATING PROCEDURES; FACILITIES STANDARDS.

    (a) Standard Operating Procedures.--Section 411(k)(1) of the 
Homeland Security Act of 2002 (6 U.S.C. 211(k)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E)(iv), by striking the period at the 
        end and inserting ``; and''; and
            (3) adding at the end the following:
                    ``(F) standard operating procedures regarding the 
                detection, interdiction, inspection, processing, or 
                transferring of alien children that officers and agents 
                of U.S. Customs and Border Protection shall employ in 
                the execution of their duties.''.
    (b) Facilities Standards.--
            (1) Initial review and update.--Not later than 270 days 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall review and update the regulations under 
        part 115 of title 6, Code of Federal Regulations, which set 
        standards to prevent, detect, and respond to sexual abuse and 
        assault in immigration detention facilities and other holding 
        facilities under the jurisdiction of the Department of Homeland 
        Security.
            (2) Quadrennial review.--The Secretary of Homeland Security 
        shall review and update the regulations referred to in 
        paragraph (1) not less frequently than once every 4 years.

SEC. 13. REGIONAL PROCESSING CENTERS.

    Subtitle C of title IV of the Homeland Security Act of 2002 (6 
U.S.C. 231 et seq.) is amended by adding at the end the following:

``SEC. 437. REGIONAL PROCESSING CENTERS.

    ``(a) In General.--The Secretary shall establish at least 4 
regional processing centers located in high traffic sectors of U.S. 
Border Patrol, as determined by the Secretary, along the southern 
border land border of the United States. All family units apprehended 
by U.S. Customs and Border Protection in such sectors shall be 
expeditiously transported to the nearest regional processing center.
    ``(b) Purpose.--The regional processing centers established 
pursuant to subsection (a) shall carry out family unit processing 
activities, including--
            ``(1) criminal history checks;
            ``(2) identity verification;
            ``(3) DNA analysis;
            ``(4) medical screenings;
            ``(5) asylum interviews and credible fear determinations 
        under section 235 of the Immigration and Nationality Act (8 
        U.S.C. 1225); and
            ``(6) other activities prescribed by the Secretary.
    ``(c) Personnel and Living Conditions.--The regional processing 
centers established pursuant to subsection (a) shall include--
            ``(1) personnel assigned from--
                    ``(A) U.S. Customs and Border Protection;
                    ``(B) U.S. Immigration and Customs Enforcement;
                    ``(C) the Federal Emergency Management Agency;
                    ``(D) U.S. Citizenship and Immigration Services; 
                and
                    ``(E) the Office of Refugee Resettlement of the 
                Department of Health and Human Services;
            ``(2) upon agreement with the Secretary of Defense, 
        personnel assigned from the Department of Defense;
            ``(3) sufficient medical staff, including physicians 
        specializing in pediatric or family medicine, nurse 
        practitioners, and physician assistants;
            ``(4) licensed social workers;
            ``(5) mental health professionals; and
            ``(6) a sufficient number of detention beds to detain all 
        family units apprehended by U.S. Customs and Border Protection 
        in the sector of the U.S. Border Patrol in which such regional 
        processing center is located for not fewer than 20 days.
    ``(d) Immigration Judges.--During the 2-year period beginning on 
the date of the enactment of this section, the Attorney General shall 
assign not fewer than 2 immigration judges to each southwest border 
family residential center or other southwest border location agreed 
upon by the Attorney General and the Secretary of Homeland Security to 
expeditiously adjudicate the immigration proceedings of family units 
and other aliens arrested and detained by the Department of Homeland 
Security.
    ``(e) Criminal History Checks and DNA Analysis.--
            ``(1) In general.--Each biometric criminal history check 
        carried out under subsection (b)(1) shall be conducted using a 
        set of fingerprints or other biometric identifier obtained 
        from--
                    ``(A) the Federal Bureau of Investigation;
                    ``(B) the criminal history repositories of all 
                States that the individual listed as a current or 
                former residence; and
                    ``(C) any other appropriate Federal or State 
                database or repository, as determined by the Secretary 
                of Health and Human Services.''.
            ``(2) Use of rapid dna instruments.--DNA analysis under 
        subsection (b)(3) may be carried out with Rapid DNA 
        instruments.
    ``(f) Exceptions for Additional Purposes.--Subject to operational 
and spatial availability, in the event of a major disaster or emergency 
declared under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) or any homeland security crisis 
requiring the establishment of a departmental Joint Task Force under 
section 708(b), the Secretary may temporarily utilize a regional 
processing center to carry out operations relating to such declaration 
or crisis.
    ``(g) Private Donations.--The Department of Homeland Security may 
accept donations from the private sector, nongovernmental 
organizations, and other groups independent of the Federal Government 
for the care of children and family units detained at a regional 
processing center established under subsection (a), including--
            ``(1) medical goods and services;
            ``(2) school supplies;
            ``(3) toys;
            ``(4) clothing; and
            ``(5) any other items intended to promote the well being of 
        such children and family units.
    ``(h) Definitions.--In this section, the terms `DNA analysis', `DNA 
sample', and `Rapid DNA instruments' have the meanings given such terms 
under section 3(c) of the DNA Analysis Backlog Elimination Act of 2000 
(34 U.S.C. 40702(c)).''.

SEC. 14. AUTHORIZATION TO HIRE ADDITIONAL U.S. CUSTOMS AND BORDER 
              PROTECTION AND U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
              PERSONNEL.

    (a) Officers.--The Commissioner of U.S. Customs and Border 
Protection shall hire, train, and assign not fewer than 600 new Office 
of Field Operations Officers (above the current attrition level) during 
every fiscal year until the total number of Office of Field Operations 
Officers equals and sustains the requirements identified each year in 
the Workload Staffing Model.
    (b) Support Staff.--The Commissioner is authorized to hire, train, 
and assign support staff, including technicians, to perform non-law 
enforcement administrative functions to support the new Office of Field 
Operations officers hired pursuant to subsection (a).
    (c) Agriculture Specialists.--Not later than September 30, 2021, 
the Secretary of Homeland Security shall hire, train, and assign to 
duty 631 U.S. Customs and Border Protection Agriculture Specialists to 
ports of entry along the southern and northern borders of the United 
States.
    (d) Traffic Forecasts.--In calculating the number of Office of 
Field Operations Officers needed at each port of entry through the 
Workload Staffing Model, the Commissioner shall--
            (1) rely on data collected regarding the inspections and 
        other activities conducted at each such port of entry; and
            (2) consider volume from seasonal surges, other projected 
        changes in commercial and passenger volumes, the most current 
        commercial forecasts, and other relevant information.
    (e) GAO Report.--If the Commissioner does not hire 600 additional 
Office of Field Operations officers pursuant to subsection (a) during 
fiscal year 2020, or during any subsequent fiscal year in which the 
hiring requirements set forth in the Workload Staffing Model have not 
been achieved, the Comptroller General of the United States shall--
            (1) conduct a review of U.S. Customs and Border Protection 
        hiring practices to determine the reasons that such 
        requirements were not achieved and other issues related to 
        hiring by U.S. Customs and Border Protection; and
            (2) submit a report to the Committee on Homeland Security 
        and Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives that 
        describes the results of the review conducted under paragraph 
        (1).
    (f) U.S. Immigration and Customs Enforcement Personnel Increases.--
The Director of U.S. Immigration and Customs Enforcement shall hire, 
train, and assign--
            (1) not fewer than 1,000 new Enforcement and Removal 
        Operations Officers;
            (2) not fewer than 665 Enforcement and Removal Operations 
        support personnel to address case management responsibilities;
            (3) not fewer than 128 attorneys in the Office of the 
        Principal Legal Advisor; and
            (4) not fewer than 41 support staff within the Office of 
        the Principal Legal Advisor to assist immigration judges within 
        the Executive Office for Immigration Review with removal, 
        asylum, and custody determination proceedings.

SEC. 15. PORTS OF ENTRY INFRASTRUCTURE IMPROVEMENTS.

    (a) Additional Ports of Entry.--
            (1) Authority.--The Secretary of Homeland Security may 
        construct new ports of entry along the northern and southern 
        borders of the United States at locations determined by the 
        Secretary, after appropriate consultations pursuant to 
        paragraph (2).
            (2) Consultations.--
                    (A) Requirement to consult.--The Secretary of 
                Homeland Security shall consult with the Secretary of 
                State, the Secretary of the Interior, the Secretary of 
                Agriculture, the Secretary of Transportation, the 
                Administrator of the General Services Administration, 
                and appropriate representatives of State and local 
                governments, and Indian tribes, and property owners in 
                the United States before selecting a location for any 
                new port constructed pursuant to paragraph (1).
                    (B) Considerations.--The purpose of the 
                consultations required under subparagraph (A) shall be 
                to minimize any negative impacts of new ports of entry 
                on the environment, culture, commerce, and quality of 
                life of the communities and residents located near such 
                new ports of entry.
    (b) Expansion and Modernization of High-Priority Border Ports of 
Entry.--Not later than September 30, 2021, the Secretary of Homeland 
Security shall modernize the top 10 high-priority ports of entry on the 
southern border of the United States.
    (c) Port of Entry Prioritization.--The Secretary of Homeland 
Security shall complete the expansion and modernization of ports of 
entry pursuant to subsection (b), to the extent practicable, before 
constructing any new ports of entry pursuant to subsection (a).
    (d) Notification.--
            (1) New ports of entry.--Not later than 15 days after 
        determining the location of a new port of entry pursuant to 
        subsection (a), the Secretary of Homeland Security shall submit 
        a report to the entities listed in paragraph (2) that 
        includes--
                    (A) the location of the new port of entry;
                    (B) a description of the need for, and anticipated 
                benefits of, the new port of entry;
                    (C) a description of the consultations undertaken 
                by the Secretary pursuant to subsection (a)(2);
                    (D) any actions that will be taken to minimize 
                negative impacts of the new port; and
                    (E) the anticipated timeline for completing the 
                construction of the new port of entry.
            (2) Recipients.--The entities listed in this paragraph 
        are--
                    (A) the members of Congress that represent the 
                State or congressional district in which the new port 
                of entry will be located;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on Finance of the Senate;
                    (D) the Committee on the Judiciary of the Senate;
                    (E) the Committee on Homeland Security of the House 
                of Representatives;
                    (F) the Committee on Ways and Means of the House of 
                Representatives; and
                    (G) the Committee on the Judiciary of the House of 
                Representatives.
            (3) Top 10 high-volume ports.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall submit a report to the congressional 
        committees listed under paragraph (2) that--
                    (A) lists the top 10 high-volume ports of entry on 
                the southern border of the United States; and
                    (B) the Secretary's plan for expanding the primary 
                and secondary inspection lanes at each port of entry 
                referred to in subparagraph (A).

SEC. 16. FOREIGN ENGAGEMENT STRATEGY.

    (a) In General.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of State, in coordination with the 
Secretary of Homeland Security, shall submit a strategy to the 
congressional committees listed in subsection (c) that describes how 
the United States Government will--
            (1) engage with the Government of Mexico and the Government 
        of Guatemala regarding new opportunities for cooperation on 
        Mexico's border with Guatemala;
            (2) foster cooperation between Mexican and Guatemalan 
        authorities at high-volume ports of entry to synchronize border 
        security technologies between Mexico and Guatemala to improve 
        border security and trade facilitation; and
            (3) help modernize infrastructure and technology at ports 
        of entry in Guatemala, including nonintrusive inspection 
        equipment, to more fully automate the inspection process.
    (b) Implementation.--No later than 1 year after the date of the 
enactment of this Act, the Secretary of State, in coordination with the 
Secretary of Homeland Security, shall submit a report to the 
congressional committees listed in subsection (c) that describes the 
steps that have been taken to implement the strategy described in 
subsection (a).
    (c) Recipients.--The congressional committees listed in this 
paragraph are--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Committee on the Judiciary of the Senate;
            (3) the Committee on Foreign Affairs of the House of 
        Representatives; and
            (4) the Committee on the Judiciary of the House of 
        Representatives.

SEC. 17. DETERRING VISA OVERSTAYS.

    (a) Admission of Nonimmigrants.--Section 214 of the Immigration and 
Nationality Act (8 U.S.C. 1184) is amended by striking the section 
designation and heading and all that follows through the end of 
subsection (a)(1) and inserting the following:

``SEC. 214. ADMISSION OF NONIMMIGRANTS.

    ``(a) In General.--
            ``(1) Terms and conditions of admission.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the admission to the United States of any alien as 
                a nonimmigrant may be for such time and under such 
                conditions as the Secretary may prescribe, in his or 
                her sole and unreviewable discretion, including when 
                the Secretary deems necessary the giving of a bond with 
                sufficient surety in such sum and containing such 
                conditions as the Secretary shall prescribe, to ensure 
                that at the expiration of such time or upon failure to 
                maintain the status under which the alien was admitted, 
                or to maintain any status subsequently acquired under 
                section 248, such alien will depart from the United 
                States.
                    ``(B) Guam or cnmi visa waiver nonimmigrants.--No 
                alien admitted to Guam or the Commonwealth of the 
                Northern Mariana Islands without a visa pursuant to 
                section 212(l) may be authorized to enter or stay in 
                the United States, other than in Guam or the 
                Commonwealth of the Northern Mariana Islands, or to 
                remain in Guam or the Commonwealth of the Northern 
                Mariana Islands for a period exceeding 45 days after 
                the date on which the alien was admitted to Guam or the 
                Commonwealth of the Northern Mariana Islands.
                    ``(C) Visa waiver program nonimmigrants.--An alien 
                admitted to the United States without a visa pursuant 
                to section 217 shall not be authorized to remain in the 
                United States as a nonimmigrant visitor for a period 
                exceeding 90 days from the date on which the alien was 
                admitted.
                    ``(D) Bar to immigration benefits and to contesting 
                removal.--
                            ``(i) Defined term.--In this subparagraph, 
                        the term `good cause' means extreme exigent 
                        humanitarian circumstances, determined on a 
                        case-by-case basis only, such as a medical 
                        emergency or force majeure.
                            ``(ii) Consequence of overstay.--Subject to 
                        clause (iii), except for an alien admitted as a 
                        nonimmigrant under subparagraph (A)(i), 
                        (A)(ii), (G)(i), (G)(ii), or (G)(iii) of 
                        section 101(a)(15) or as a NATO-1, 2, 3, 4, 5, 
                        or 6 nonimmigrant, any alien who remains in the 
                        United States for a period of more than 30 days 
                        after the date on which the period of stay or 
                        parole authorized by the Secretary for the 
                        alien ends, without good cause, is inadmissible 
                        and ineligible for all immigration benefits or 
                        relief available under the immigration laws, 
                        including relief under sections 240A(b)(1), 
                        240B(b), 245, 248, and 249, other than--
                                    ``(I) asylum;
                                    ``(II) relief as a victim of 
                                trafficking under section 
                                101(a)(15)(T);
                                    ``(III) relief as a victim of 
                                criminal activity under section 
                                101(a)(15)(U);
                                    ``(IV) relief under the Violence 
                                Against Women Act of 1994 (42 U.S.C. 
                                13701 et seq.) as a spouse or child who 
                                has been battered or subjected to 
                                extreme cruelty;
                                    ``(V) relief as a battered spouse 
                                or child under section 240A(b)(2);
                                    ``(VI) withholding of removal under 
                                section 241(b)(3); or
                                    ``(VII) protection from removal 
                                based on a claim under the Convention 
                                Against Torture and Other Cruel, 
                                Inhuman or Degrading Treatment or 
                                Punishment, done at New York, December 
                                10, 1984.
                            ``(iii) Exception.--The Secretary may, in 
                        the Secretary's sole and unreviewable 
                        discretion, determine that a nonimmigrant is 
                        not subject to clause (ii) if--
                                    ``(I) the alien was lawfully 
                                inspected and admitted to the United 
                                States as a nonimmigrant;
                                    ``(II) the alien filed a 
                                nonfrivolous application for change of 
                                status to another nonimmigrant category 
                                or for an extension of stay before the 
                                date on which the alien's authorized 
                                period of stay as a nonimmigrant 
                                expired;
                                    ``(III) the alien has not been 
                                employed without authorization in the 
                                United States, before or during 
                                pendency of the application referred to 
                                in subclause (II);
                                    ``(IV) the alien has not otherwise 
                                violated the terms of the alien's 
                                nonimmigrant status; and
                                    ``(V) the Secretary, in the 
                                Secretary's sole and unreviewable 
                                discretion, determines that the alien 
                                is not a threat to national security or 
                                public safety.
                            ``(iv) Detention and expedited removal.--An 
                        alien described in clause (ii) who remains in 
                        the United States more than 30 days after the 
                        date on which the period of stay authorized by 
                        the Secretary ends, without good cause, shall 
                        be detained and the Secretary shall 
                        expeditiously remove the alien from the United 
                        States not later than 90 days after the date on 
                        which the alien is detained.
                            ``(v) Limitation on judicial review.--
                        Notwithstanding any other provision of law 
                        (statutory or nonstatutory), including section 
                        2241 of title 28, United States Code, any other 
                        habeas corpus provision, or sections 1361 and 
                        1651 of such title, no court shall have 
                        jurisdiction to review any cause or claim, 
                        arising from, or relating to, the detention and 
                        expedited removal of an alien pursuant to 
                        clause (iv).''.
    (b) Visa Waiver Program Waiver of Rights.--Section 217(b) of the 
Immigration and Nationality Act (8 U.S.C. 1187(b)) is amended to read 
as follows:
    ``(b) Waiver of Rights.--An alien may not be provided a waiver 
under the program unless the alien has--
            ``(1) signed, under penalty of perjury, an acknowledgment 
        confirming that the alien was notified and understands that he 
        or she will be--
                    ``(A) ineligible for any form of relief or 
                immigration benefit under the Act or any other 
                immigration laws, including sections 240A(b)(1), 
                240B(b), 245, 248, and 249 (other than a request for 
                asylum), relief as a victim of trafficking under 
                section 101(a)(15)(T), relief as a victim of criminal 
                activity under 101(A)(15)(U), relief under the Violence 
                Against Women Act of 1994 (42 U.S.C. 13701 et seq.) as 
                a spouse or child who has been battered or subjected to 
                extreme cruelty, relief as a battered spouse or child 
                under section 240A(b)(2), withholding of removal under 
                section 241(b)(3), or protection from removal based on 
                a claim under the Convention Against Torture and Other 
                Cruel, Inhuman or Degrading Treatment or Punishment, 
                done at New York, December 10, 1984; and
                    ``(B) subject to detention and expedited removal 
                from the United States, if the alien fails to depart 
                from the United States at the end of the 90-day period 
                for admission;
            ``(2) waived any right to review or appeal under this Act 
        of an immigration officer's determination as to the 
        admissibility of the alien at the port of entry into the United 
        States; and
            ``(3) waived any right to contest any action for removal of 
        the alien.''.
    (c) Detention and Repatriation of Visa Waiver Violators.--Section 
217(c)(2)(E) of the Immigration and Nationality Act (8 U.S.C. 
1187(c)(2)(E)) is amended to read as follows:
                    ``(E) Detention and repatriation of aliens.--Any 
                alien who fails to depart from the United States at the 
                end of the 90-day period for admission shall be 
                detained pending removal.''.
    (d) Issuance of Nonimmigrant Visas.--Section 221(a) of the 
Immigration and Nationality Act (8 U.S.C. 1201(a)) is amended by adding 
at the end the following:
    ``(3) The Secretary of State shall ensure that every application 
for a nonimmigrant visa includes an acknowledgment, executed by the 
alien under penalty of perjury, confirming that the alien--
            ``(A) has been notified of the terms and conditions of the 
        nonimmigrant visa, including the waiver of rights under 
        subsection (j); and
            ``(B) understands that he or she will be ineligible for all 
        immigration benefits and any form of relief or protection from 
        removal, including relief under sections 240A(b)(1), 240B(b), 
        245, 248, and 249, other than a request for asylum, relief as a 
        victim of trafficking under section 101(a)(15)(T), relief as a 
        victim of criminal activity under 101(A)(15)(U), relief under 
        the Violence Against Women Act of 1994 (42 U.S.C. 13701 et 
        seq.) as a spouse or child who has been battered or subjected 
        to extreme cruelty, relief as a battered spouse or child under 
        section 240A(b)(2), withholding of removal under section 
        241(b)(3), or protection from removal based on a claim under 
        the Convention Against Torture and Other Cruel, Inhuman or 
        Degrading Treatment or Punishment, done at New York, December 
        10, 1984, and from contesting removal if the alien violates any 
        term or condition of his or her nonimmigrant visa or fails to 
        depart the United States not later than 30 days after the end 
        of the alien's authorized period of stay.''.
    (e) Bars to Immigration Relief.--Section 221 of the Immigration and 
Nationality Act (8 U.S.C. 1201) is amended by adding at the end the 
following:
    ``(j) Waiver of Rights.--The Secretary of State may not issue a 
nonimmigrant visa under section 214 to an alien (other than an alien 
who qualifies for a visa under subparagraph (A) or (G) of section 
101(a)(15), who is eligible for relief under the Violence Against Women 
Act of 1994 (42 U.S.C. 13701 et seq.) as a spouse or child who has been 
battered or subjected to extreme cruelty, or qualifies for a visa as a 
NATO-1, 2, 3, 4, 5, or 6 nonimmigrant) until the alien has waived any 
right to relief under sections 240A(b)(1), 240B(b), 245, 248, and 249 
(other than relief from removal under section 241(b)(3) or protection 
from removal based on a claim under the Convention Against Torture and 
Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New 
York, December 10, 1984), any form of relief established after the date 
on which the nonimmigrant visa is issued, and from contesting removal 
if the alien--
            ``(1) violates a term or condition of his or her 
        nonimmigrant status; or
            ``(2) fails to depart the United States not later than the 
        date that is 30 days after the last day of the alien's 
        authorized period of stay (as described in section 
        214(a)(1)).''.
    (f) Requirement That All Nonimmigrants Have a Specified Authorized 
Period of Stay End Date.--Section 235(a) of the Immigration and 
Nationality Act (8 U.S.C. 1225(a)) is amended by adding at the end the 
following:
            ``(6) Period of stay.--Any alien who an examining 
        immigration officer has determined to be admissible as a 
        nonimmigrant, except for aliens who are admissible under 
        subparagraph (A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of 
        section 101(a)(15), or who such officer has determined to be 
        eligible for parole--
                    ``(A) shall be admitted or paroled, as appropriate, 
                into the United States for a specific period; and
                    ``(B) shall be issued documentation stating the end 
                date of the alien's period of stay in the United 
                States.''.
    (g) Effective Date; Applicability.--
            (1) In general.--This section and the amendments made by 
        this section shall--
                    (A) take effect on the date of enactment of this 
                Act; and
                    (B) apply only to new visas, initial admissions of 
                nonimmigrants, and initial requests for change of 
                status from a nonimmigrant category to another 
                nonimmigrant category under section 248 of the 
                Immigration and Nationality Act (8 U.S.C. 1258).
            (2) Previously admitted individuals.--An individual 
        previously admitted to the United States on a nonimmigrant visa 
        who is present in the United States before the date of the 
        enactment of this Act shall not be subject to this section or 
        to the amendments made by this section until the alien departs 
        from the United States or requests a change of nonimmigrant 
        classification under section 248 of the Immigration and 
        Nationality Act (8 U.S.C. 1258).
                                 <all>