[Congressional Record Volume 161, Number 91 (Tuesday, June 9, 2015)]
[Senate]
[Pages S3971-S3973]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1971. 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 __ Asylum Reform and Border Protection
SEC. __1. SHORT TITLE.
This subtitle may be cited as the ``Asylum Reform and
Border Protection Act of 2015''.
SEC. __2. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED
COUNSEL.
Section 292 of the Immigration and Nationality Act (8
U.S.C. 1362) is amended--
(1) by striking ``(at no expense to the Government)''; and
(2) by adding at the end the following:
``Notwithstanding any other provision of law, in no instance
shall the Government bear any expense for counsel for any
person in removal proceedings or in any appeal proceedings
before the Attorney General from any such removal
proceedings.''.
SEC. __3. SPECIAL IMMIGRANT JUVENILE VISAS.
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 ``and
whose reunification with 1 or both of the immigrant's parents
is not viable due'' and inserting ``and who cannot be
reunified with either of the immigrant's parents due''.
SEC. __4. CREDIBLE FEAR INTERVIEWS.
Section 235(b)(1)(B)(v) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking
``208.'' and inserting ``208, and it is more probable than
not that the statements made by the alien in support of the
alien's claim are true.''.
SEC. __5. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR
INTERVIEWS.
(a) In General.--The Secretary of Homeland Security shall
establish quality assurance procedures and take steps to
effectively ensure that questions by employees of the
Department of Homeland Security exercising expedited removal
authority under section 235(b) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)) are asked in a uniform
manner, and that both these questions and the answers
provided in response to them are recorded in a uniform
fashion.
(b) Factors Relating to Sworn Statements.--Where
practicable, any sworn or signed written statement taken of
an alien as part of the record of a proceeding under section
235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(A)) shall be accompanied by a recording of the
interview which served as the basis for that sworn statement.
(c) Interpreters.--The Secretary of Homeland Security shall
ensure that a competent interpreter, not affiliated with the
government of the country from which the alien may claim
asylum, is used when the interviewing officer does not speak
a language understood by the alien and there is no other
Federal, State, or local government employee available who is
able to interpret effectively, accurately, and impartially.
(d) Recordings in Immigration Proceedings.--Recordings of
interviews of aliens subject to expedited removal shall be
included in the record of proceeding and shall be considered
as evidence in any further proceedings involving the alien.
(e) No Private Right of Action.--Nothing in this section
may be construed to create any right, benefit, trust, or
responsibility, whether substantive or procedural,
enforceable in law or equity by a party against the United
States, its departments, agencies, instrumentalities,
entities, officers, employees, or agents, or any person, nor
does this section create any right of review in any
administrative, judicial, or other proceeding.
SEC. __6. PAROLE REFORM.
(a) In General.--Section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)) is amended to read as
follows:
``(5) Humanitarian and public interest parole.--
``(A) In general.--Subject to the provisions of this
paragraph and section 214(f)(2), the Secretary of Homeland
Security, in the sole discretion of the Secretary of Homeland
Security, may on a case-by-case basis parole an alien into
the United States temporarily, under such conditions as the
Secretary of Homeland Security may prescribe, only--
``(i) for an urgent humanitarian reason (as described under
subparagraph (B)); or
``(ii) for a reason deemed strictly in the public interest
(as described under subparagraph (C)).
``(B) Humanitarian parole.--The Secretary of Homeland
Security may parole an alien based on an urgent humanitarian
reason described in this subparagraph only if--
``(i) the alien has a medical emergency and the alien
cannot obtain necessary treatment in the foreign state in
which the alien is residing or the medical emergency is life-
threatening and there is insufficient time for the alien to
be admitted through the normal visa process;
``(ii) the alien is needed in the United States in order to
donate an organ or other tissue for transplant into a close
family member;
``(iii) the alien has a close family member in the United
States whose death is imminent and the alien could not arrive
in the United States in time to see such family member alive
if the alien were to be admitted through the normal visa
process;
``(iv) the alien is a lawful applicant for adjustment of
status under section 245; or
``(v) the alien was lawfully granted status under section
208 or lawfully admitted under section 207.
``(C) Public interest parole.--The Secretary of Homeland
Security may parole an alien based on a reason deemed
strictly in the public interest described in this
subparagraph only if the alien has assisted the United States
Government in a matter, such as a criminal investigation,
espionage, or other similar law enforcement activity, and
either the alien's presence in the United States is required
by the Government or the alien's life would be threatened if
the alien were not permitted to come to the United States.
[[Page S3972]]
``(D) Limitation on the use of parole authority.--The
Secretary of Homeland Security may not use the parole
authority under this paragraph to permit to come to the
United States aliens who have applied for and have been found
to be ineligible for refugee status or any alien to whom the
provisions of this paragraph do not apply.
``(E) Parole not an admission.--Parole of an alien under
this paragraph shall not be considered an admission of the
alien into the United States. When the purposes of the parole
of an alien have been served, as determined by the Secretary
of Homeland Security, the alien shall immediately return or
be returned to the custody from which the alien was paroled
and the alien shall be considered for admission to the United
States on the same basis as other similarly situated
applicants for admission.
``(F) Report to congress.--Not later than 90 days after the
end of each fiscal year, the Secretary of Homeland Security
shall submit a report to the Committees on the Judiciary of
the House of Representatives and the Senate describing the
number and categories of aliens paroled into the United
States under this paragraph. Each such report shall contain
information and data concerning the number and categories of
aliens paroled, the duration of parole, and the current
status of aliens paroled during the preceding fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first month
beginning more than 60 days after the date of the enactment
of this Act.
SEC. __7. REPORT TO CONGRESS ON PAROLE PROCEDURES AND
STANDARDIZATION OF PAROLE PROCEDURES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Attorney General and the Secretary of Homeland Security shall
jointly conduct a review, and submit a report to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives regarding the
effectiveness of parole and custody determination procedures
applicable to aliens who have established a credible fear of
persecution and are awaiting a final determination regarding
their asylum claim by the immigration courts. The report
shall include the following:
(1) An analysis of the rate at which release from detention
(including release on parole) is granted to aliens who have
established a credible fear of persecution and are awaiting a
final determination regarding their asylum claim by the
immigration courts throughout the United States, and any
disparity that exists between locations or geographical
areas, including explanation of the reasons for this
disparity and what actions are being taken to have consistent
and uniform application of the standards for granting parole.
(2) An analysis of the effect of the procedures and
policies applied with respect to parole and custody
determinations both by the Attorney General and the Secretary
on the alien's pursuit of their asylum claim before an
immigration court.
(3) An analysis of the effectiveness of the procedures and
policies applied with respect to parole and custody
determinations both by the Attorney General and the Secretary
in securing the alien's presence at the immigration court
proceedings.
(b) Recommendations.--The report submitted under subsection
(a) should include--
(1) recommendations with respect to whether the existing
parole and custody determination procedures applicable to
aliens who have established a credible fear of persecution
and are awaiting a final determination regarding their asylum
claim by the immigration courts--
(A) respect the interests of aliens; and
(B) ensure the presence of the aliens at the immigration
court proceedings; and
(2) an assessment on corresponding failure to appear rates,
in absentia orders, and absconders.
SEC. __8. UNACCOMPANIED ALIEN CHILD DEFINED.
Section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2)) is amended to read as follows:
``(2) the term `unaccompanied alien child'--
``(A) means an alien who--
``(i) has no lawful immigration status in the United
States;
``(ii) has not attained 18 years of age; and
``(iii) with respect to whom--
``(I) there is no parent or legal guardian in the United
States;
``(II) no parent or legal guardian in the United States is
available to provide care and physical custody; or
``(III) no sibling over 18 years of age, aunt, uncle,
grandparent, or cousin over 18 years of age is available to
provide care and physical custody; except that
``(B) such term shall cease to include an alien if at any
time a parent, legal guardian, sibling over 18 years of age,
aunt, uncle, grandparent, or cousin over 18 years of age of
the alien is found in the United States and is available to
provide care and physical custody (and the Secretary of
Homeland Security and the Secretary of Health and Human
Services shall revoke accordingly any prior designation of
the alien under this paragraph).''.
SEC. __9. MODIFICATIONS TO PREFERENTIAL AVAILABILITY FOR
ASYLUM FOR UNACCOMPANIED ALIEN MINORS.
Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158) is amended--
(1) by striking subsection (a)(2)(E); and
(2) by striking subsection (b)(3)(C).
SEC. __10. NOTIFICATION AND TRANSFER OF CUSTODY REGARDING
UNACCOMPANIED ALIEN MINORS.
Section 235(b) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(b)) is amended--
(1) in paragraph (2), by striking ``48 hours'' and
inserting ``7 days''; and
(2) in paragraph (3), by striking ``72 hours'' and
inserting ``30 days''.
SEC. __11. INFORMATION SHARING BETWEEN DEPARTMENT OF HEALTH
AND HUMAN SERVICES AND DEPARTMENT OF HOMELAND
SECURITY.
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.--The Secretary of Health and
Human Services shall share with the Secretary of Homeland
Security any information requested on a child who has been
determined to be an unaccompanied alien child and who is or
has been in the custody of the Secretary of Health and Human
Services, including the location of the child and any person
to whom custody of the child has been transferred, for any
legitimate law enforcement objective, including enforcement
of the immigration laws.''.
SEC. __12. SAFE THIRD COUNTRY.
Section 208(a)(2)(A) of the Immigration and Nationality Act
(8 U.S.C. 1158(a)(2)(A)) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(2) by striking ``removed, pursuant to a bilateral or
multilateral agreement, to'' and inserting ``removed to''.
SEC. __13. ADDITIONAL IMMIGRATION JUDGES AND ICE PROSECUTORS.
(a) Executive Office for Immigration Review.--Subject to
the availability of appropriations, in each of fiscal years
2015 through 2017, the Attorney General shall increase by not
less than 50 the number of positions for full-time
immigration judges within the Executive Office for
Immigration Review above the number of such positions for
which funds were allotted for fiscal year 2014.
(b) Immigration and Customs Enforcement Office of the
Principal Legal Advisor.--Subject to the availability of
appropriations, in each of the fiscal years 2015 through
2017, the Secretary of Homeland Security shall increase by
not less than 60 the number of positions for full-time trial
attorneys within the Immigration and Customs Enforcement
Office of the Principal Legal Advisor above the number of
such positions for which funds were allotted for fiscal year
2014.
SEC. __14. MINORS IN DEPARTMENT OF HEALTH AND HUMAN SERVICES
CUSTODY.
Section 235(c)(2)(A) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)(2)(A)) is amended by striking the last two sentences.
SEC. __15. FOREIGN ASSISTANCE FOR REPATRIATION.
(a) Suspension of Foreign Assistance.--The Secretary of
State shall immediately suspend all foreign assistance,
including under United States Agency for International
Development programs, the Central American Regional Security
Initiative, or the International Narcotic Control Law
Enforcement program, to any large sending country that--
(1) refuses to negotiate an agreement under section
235(a)(2) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(2));
or
(2) refuses to accept from the United States repatriated
unaccompanied alien children (as defined in section 462(g)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) who
are nationals or residents of the sending country.
(b) Use of Foreign Assistance for Repatriation.--The
Secretary of State shall provide any additional foreign
assistance from the United States that such Secretary
determines is needed to implement an agreement under section
235(a)(2) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(2))
or safely to repatriate or reintegrate nationals or residents
of a large sending country without increasing the total
quantity of foreign assistance to such country. Such country
may use any earlier foreign assistance for the purpose of
repatriation or implementation of any agreement under such
section 235(a)(2).
(c) Definition of Large Sending Program.--In this section,
the term ``large sending country'' means--
(1) any country which was the country of nationality or
last habitual residence for 1,000 or more unaccompanied alien
children (as defined in section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g))) who entered the
United States in a single fiscal year in any of the prior 3
fiscal years; and
(2) any other country which the Secretary of Homeland
Security deems appropriate.
(d) Effective Date.--This section shall take effect on the
date of the enactment of this Act and shall apply with
respect to any unaccompanied alien child (as defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g))) apprehended on or after such date.
[[Page S3973]]
SEC. __16. REPORTS.
(a) In General.--Not later than 6 months after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State and the Secretary of Health and Human
Services, with assistance from the Secretary of Homeland
Security, shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives on efforts to improve
repatriation programs for unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g))). Such reports shall include the
following:
(1) The average time that such a child is detained after
apprehension until removal.
(2) The number of such children detained improperly beyond
the required time periods under paragraphs (2) and (3) of
section 235(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)).
(3) A statement of the funds used to effectuate the
repatriation of such children, including any funds that were
reallocated from foreign assistance accounts as of the date
of the enactment of this Act.
(b) Effective Date.--This section shall take effect on the
date of the enactment of this Act and shall apply with
respect to any unaccompanied alien child (as defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g))) apprehended on or after such date.
SEC. __17. WITHHOLDING OF REMOVAL.
(a) In General.--Section 241(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)) is amended--
(1) by adding at the end of subparagraph (A) the following:
``The burden of proof shall be on the alien to establish that
the alien's life or freedom would be threatened in that
country, and that race, religion, nationality, membership in
a particular social group, or political opinion would be at
least one central reason for such threat.'';''; and
(2) in subparagraph (C), by striking ``In determining
whether an alien has demonstrated that the alien's life or
freedom would be threatened for a reason described in
subparagraph (A),'' and inserting ``For purposes of this
paragraph,''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if enacted on May 11, 2005, and shall
apply to applications for withholding of removal made on or
after such date.
SEC. __18. GROSS VIOLATIONS OF HUMAN RIGHTS.
(a) Inadmissibility of Certain Aliens.--Section
212(a)(3)(E)(iii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(E)(iii)) is amended to read as follows:
``(iii) Commission of acts of torture, extrajudicial
killings, war crimes, or widespread or systematic attacks on
civilians.--Any alien who planned, ordered, assisted, aided
and abetted, committed, or otherwise participated in,
including through command responsibility and without regard
to motivation or intent, the commission of--
``(I) any act of torture (as defined in section 2340 of
title 18, United States Code);
``(II) any extrajudicial killing (as defined in section
3(a) of the Torture Victim Protection Act of 1991 (28 U.S.C.
1350 note)) under color of law of any foreign nation;
``(III) a war crime (as defined in section 2441 of title
18, United States Code); or
``(IV) a widespread or systematic attack directed against a
civilian population, with knowledge of the attack, murder,
extermination, enslavement, forcible transfer of population,
arbitrary detention, rape, sexual slavery, enforced
prostitution, forced pregnancy, enforced sterilization, or
any other form of sexual violence of comparable gravity;
``(V) persecution on political racial, national, ethnic,
cultural, religious, or gender grounds;
``(VI) enforced disappearance of persons; or
``(VII) other inhumane acts of a similar character
intentionally causing great suffering or serious bodily or
mental injury,
is in admissible.''.
(b) Nonapplicability of Confidentiality Requirement With
Respect to Visa Records.--The President may make public,
without regard to the requirements under section 222(f) of
the Immigration and Nationality Act (8 U.S.C. 1202(f)), with
respect to confidentiality of records pertaining to the
issuance or refusal of visas or permits to enter the United
States, the names of aliens deemed inadmissible on the basis
of section 212(a)(3)(E)(iii) of the Immigration and
Nationality Act, as amended by subsection (a).
SEC. __19. FIRM RESETTLEMENT.
Section 208(b)(2)(A)(vi) of the Immigration and Nationality
Act (8 U.S.C. 1158(b)(2)(A)(vi)) is amended by striking
``States.'' and inserting ``States, which shall be considered
demonstrated by evidence that the alien can live in such
country (in any legal status) without fear of persecution.''.
SEC. __20. TERMINATION OF ASYLUM STATUS PURSUANT TO RETURN TO
HOME COUNTRY.
(a) Termination of Status.--Except as provided in
subsections (b) and (c), any alien who is granted asylum or
refugee status under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), who, without a compelling reason as
determined by the Secretary, subsequently returns to the
country of such alien's nationality or, in the case of an
alien having no nationality, returns to any country in which
such alien last habitually resided, and who applied for such
status because of persecution or a well-founded fear of
persecution in that country on account of race, religion,
nationality, membership in a particular social group, or
political opinion, shall have his or her status terminated.
(b) Waiver.--The Secretary has discretion to waive
subsection (a) if it is established to the satisfaction of
the Secretary that the alien had a compelling reason for the
return. The waiver may be sought prior to departure from the
United States or upon return.
(c) Exception for Certain Aliens From Cuba.--Subsection (a)
shall not apply to an alien who is eligible for adjustment to
that of an alien lawfully admitted for permanent residence
pursuant to the Cuban Adjustment Act of 1966 (Public Law 89-
732).
SEC. __21. ASYLUM CASES FOR HOME SCHOOLERS.
(a) In General.--Section 101(a)(42) (8 U.S.C. 1101(a)(42))
is amended by adding at the end the following: ``For purposes
of determinations under this Act, a person who has been
persecuted for failure or refusal to comply with any law or
regulation that prevents the exercise of the individual right
of that person to direct the upbringing and education of a
child of that person (including any law or regulation
preventing homeschooling), or for other resistance to such a
law or regulation, shall be deemed to have been persecuted on
account of membership in a particular social group, and a
person who has a well founded fear that he or she will be
subject to persecution for such failure, refusal, or
resistance shall be deemed to have a well founded fear of
persecution on account of membership in a particular social
group.''.
(b) Numerical Limitation.--Section 207(a) of the
Immigration and Nationality Act (8 U.S.C. 1157(a)) is amended
by adding at the end the following:
``(5) For any fiscal year, not more than 500 aliens may be
admitted under this section, or granted asylum under section
208, pursuant to a determination under section 101(a)(42)
that the alien is described in the final sentence of section
101(a)(42) (as added by section 21 of the Asylum Reform and
Border Protection Act of 2015).''.
(c) Effective Dates.--
(1) In general.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and
shall apply to failure or refusal to comply with a law or
regulation, or other resistance to a law or regulation,
occurring before, on, or after such date.
(2) Numerical limitation.--The amendment made by subsection
(b) shall take effect beginning on the first day of the first
fiscal year beginning after the date of the enactment of this
Act.
SEC. __22. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS:.
(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the
Attorney General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum'';
(3) in subparagraph (B), by striking the period and
inserting ``; and'';
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the asylum
application advising the alien of the consequences of filing
a frivolous application.''; and
(5) by inserting after subparagraph (C) the following:
``The written warning referred to in subparagraph (C) shall
serve as notice to the alien of the consequences of filing a
frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the
Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is
amended by striking ``paragraph (4)(A)'' and inserting
``paragraph (4)(C)''.
SEC. __23. TERMINATION OF ASYLUM STATUS.
Section 208(c) of the Immigration and Nationality Act (8
U.S.C. 1158(c)) is amended by adding at the end the
following:
``(4) If an alien's asylum status is subject to termination
under paragraph (2), the immigration judge shall first
determine whether the conditions specified under paragraph
(2) have been met, and if so, terminate the alien's asylum
status before considering whether the alien is eligible for
adjustment of status under section 209.''.
______