[Congressional Record Volume 161, Number 91 (Tuesday, June 9, 2015)]
[Senate]
[Pages S3970-S3971]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1970. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle __--Protection of Children
SEC. __1. SHORT TITLE.
This subtitle may be cited as the ``Protection of Children
Act of 2015''.
SEC. __2. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending the heading to read as follows: ``Rules for
unaccompanied alien children.'';
(ii) in subparagraph (A);
(I) in the matter preceding clause (i), by striking ``who
is a national or habitual resident of a country that is
contiguous with the United States'';
(II) in clause (i), by inserting ``and'' at the end;
(III) in clause (ii), by striking ``; and'' and inserting a
period; and
(IV) by striking clause (iii);
(iii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking ``(8
U.S.C. 1101 et seq.) may--'' and inserting ``(8 U.S.C. 1101
et seq.)--'';
(II) in clause (i), by inserting before ``permit such child
to withdraw'' the following: ``may''; and
(III) in clause (ii), by inserting before ``return such
child'' the following: ``shall''; and
(iv) in subparagraph (C)--
(I) by amending the heading to read as follows:
``Agreements with foreign countries.''; and
(II) in the matter preceding clause (i), by striking ``The
Secretary of State shall negotiate agreements between the
United States and countries contiguous to the United States''
and inserting ``The Secretary of State may negotiate
agreements between the United States and any foreign country
that the Secretary determines appropriate''; and
(B) in paragraph (5)(D)--
(i) in the matter preceding clause (i), by striking ``,
except for an unaccompanied alien child from a contiguous
country subject to the exceptions under subsection (a)(2),''
and inserting ``who does not meet the criteria listed in
paragraph (2)(A)''; and
(ii) in clause (i), by inserting before the semicolon at
the end the following: ``, which
[[Page S3971]]
shall include a hearing before an immigration judge not later
than 14 days after being screened under paragraph (4)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting before the semicolon
the following: ``believed not to meet the criteria listed in
subsection (a)(2)(A)''; and
(ii) in subparagraph (B), by inserting before the period
the following: ``and does not meet the criteria listed in
subsection (a)(2)(A)''; and
(B) in paragraph (3), by striking ``an unaccompanied alien
child in custody shall'' and all that follows, and inserting
the following: ``an unaccompanied alien child in custody--
``(A) in the case of a child who does not meet the criteria
listed in subsection (a)(2)(A), shall transfer the custody of
such child to the Secretary of Health and Human Services not
later than 30 days after determining that such child is an
unaccompanied alien child who does not meet such criteria; or
``(B) in the case of child who meets the criteria listed in
subsection (a)(2)(A), may transfer the custody of such child
to the Secretary of Health and Human Services after
determining that such child is an unaccompanied alien child
who meets such criteria.''; and
(3) in subsection (c)--
(A) in paragraph (3), by inserting at the end the
following:
``(D) Information about individuals with whom children are
placed.--
``(i) Information to be provided to homeland security.--
Before placing a child with an individual, the Secretary of
Health and Human Services shall provide to the Secretary of
Homeland Security, regarding the individual with whom the
child will be placed, the following information:
``(I) The name of the individual.
``(II) The social security number of the individual.
``(III) The date of birth of the individual.
``(IV) The location of the individual's residence where the
child will be placed.
``(V) The immigration status of the individual, if known.
``(VI) Contact information for the individual.
``(ii) Special rule.--In the case of a child who was
apprehended on or after June 15, 2012, and before the date of
the enactment of the Protection of Children Act of 2015, who
the Secretary of Health and Human Services placed with an
individual, the Secretary shall provide the information
listed in clause (i) to the Secretary of Homeland Security
not later than 90 days after the date of the enactment of the
Protection of Children Act of 2015.
``(iii) Activities of the secretary of homeland security.--
Not later than 30 days after receiving the information listed
in clause (i), the Secretary of Homeland Security shall--
``(I) in the case that the immigration status of an
individual with whom a child is placed is unknown,
investigate the immigration status of that individual; and
``(II) upon determining that an individual with whom a
child is placed is unlawfully present in the United States,
initiate removal proceedings pursuant to chapter 4 of title
II of the Immigration and Nationality Act (8 U.S.C. 1221 et
seq.).''; and
(B) in paragraph (5)--
(i) by inserting after ``to the greatest extent
practicable'' the following: ``(at no expense to the
Government)''; and
(ii) by striking ``have counsel to represent them'' and
inserting ``have access to counsel to represent them''.
(b) Effective Date.--The amendments made by this section
shall apply to any unauthorized alien child apprehended on or
after June 15, 2012.
SEC. __3. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS
UNABLE TO REUNITE WITH EITHER PARENT.
Section 101(a)(27)(J)(i) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``1
or both of the immigrant's parents'' and inserting ``either
of the immigrant's parents''.
SEC. __4. JURISDICTION OF ASYLUM APPLICATIONS.
Section 208(b)(3) of the Immigration and Nationality Act (8
U.S.C. 1158) is amended by striking subparagraph (C).
______