[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S719-S721]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1531. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. Schumer)
to the bill H.R. 815, to amend title 38, United States Code, to make
certain improvements relating to the eligibility of veterans to receive
reimbursement for emergency treatment furnished through the Veterans
Community Care program, and for other purposes; which was ordered to
lie on the table; as follows:
At the end of the amendment, add the following:
DIVISION C--STOPPING BORDER SURGES
SEC. 4001. SHORT TITLE.
This division may be cited as the ``Stopping Border Surges
Act''.
TITLE I--UNACCOMPANIED ALIEN CHILDREN
SEC. 4101. 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 paragraph 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 subparagraph 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'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(C) by inserting after paragraph (2) the following:
``(3) Special rules for interviewing unaccompanied alien
children.--An unaccompanied alien child shall be interviewed
by an immigration officer with specialized training in
interviewing child trafficking victims.''; and
(D) in paragraph (6)(D), as redesignated--
(i) in the matter preceding clause (i), by striking ``,
except for an unaccompanied alien child from a contiguous
country subject to 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 ``, which shall include a
hearing before an immigration judge not later than 14 days
after being screened under paragraph (4)'' before the
semicolon at the end;
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``believed not to
meet the criteria listed in subsection (a)(2)(A)'' before the
semicolon at the end; and
(ii) in subparagraph (B), by inserting ``and does not meet
the criteria listed in subsection (a)(2)(A)'' before the
period at the end; 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 adding at the end the following:
``(D) Information about individuals with whom children are
placed.--
``(i) Information to be provided to the department of
homeland security.--Before placing an unaccompanied alien
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, if
available.
``(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.--Not later than 90 days after the date
of the enactment of this subparagraph, the Secretary of
Health and Human Services shall provide to the Secretary of
Homeland Security the information listed in clause (i) with
respect to any unaccompanied alien child apprehended between
January 1, 2021, and such date of enactment who the Secretary
of Health and Human Services has placed with an individual.
``(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) if the immigration status of an individual with whom
a child is placed is unknown, investigate the immigration
status of such individual; and
``(II) upon determining that an individual with whom a
child is placed is unlawfully present in the United States,
initiate removal proceedings against such individual 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 unaccompanied alien child apprehended on
or after the date of enactment of this Act.
SEC. 4102. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.
(a) In General.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) is amended by adding at the end the following:
``(j) Rule of Construction.--
[[Page S720]]
``(1) In general.--Notwithstanding any other provision of
law, judicial determination, consent decree, or settlement
agreement, the detention of any alien child who is not an
unaccompanied alien child shall be governed by sections 217,
235, 236, and 241 of the Immigration and Nationality Act (8
U.S.C. 1187, 1225, 1226, and 1231). There is no presumption
that an alien child who is not an unaccompanied alien child
should not be detained, and all determinations regarding the
detention of such children shall be in the discretion of the
Secretary of Homeland Security.
``(2) Release of minors other than unaccompanied aliens.--
An alien minor who is not an unaccompanied alien child may
not be released by the Secretary of Homeland Security other
than to a parent or legal guardian who is lawfully present in
the United States.
``(3) Family detention.--The Secretary of Homeland Security
shall--
``(A) maintain the care and custody of an alien, during the
period during which the charges described in clause (i) are
pending, who--
``(i) is charged only with a misdemeanor offense under
section 275(a) of the Immigration and Nationality Act (8
U.S.C. 1325(a)); and
``(ii) entered the United States with the alien's child who
has not attained 18 years of age; and
``(B) detain the alien with the alien's child.''.
(b) Sense of Congress.--It is the sense of Congress that
the amendment made by subsection (a) is intended to satisfy
the requirements of the Settlement Agreement in Flores v.
Meese, No. 85-4544 (C.D. Cal) as approved by the court on
January 28, 1997, with respect to its interpretation in
Flores v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that
the agreement applies to accompanied minors.
(c) Effective Date.--The amendment made by subsection (a)--
(1) shall take effect on the date of the enactment of this
Act; and
(2) shall apply to all actions that occur before, on, or
after such date of enactment.
(d) Preemption of State Licensing Requirements.--
Notwithstanding any other provision of law, judicial
determination, consent decree, or settlement agreement, no
State may require that an immigration detention facility used
to detain children who have not attained 18 years of age, or
families consisting of 1 or more of such children and the
parents or legal guardians of such children, that is located
in such State, be licensed by the State or by any political
subdivision of such State.
SEC. 4103. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS
UNABLE TO REUNITE WITH EITHER PARENT.
Section 101(a)(27)(J) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(27)(J)) is amended--
(1) in clause (i), by striking ``, and whose reunification
with 1 or both of the immigrant's parents is not viable due
to abuse, neglect, abandonment, or a similar basis found
under State law''; and
(2) in clause (iii)--
(A) in subclause (I), by striking ``and'' at the end;
(B) in subclause (II), by adding ``and'' at the end; and
(C) by adding at the end the following:
``(III) an alien may not be granted special immigrant
juvenile status under this subparagraph if his or her
reunification with any parent or legal guardian is not
precluded by abuse, neglect, abandonment, or any similar
cause under State law;''.
TITLE II--ASYLUM REFORM
SEC. 4201. CLARIFICATION OF ASYLUM ELIGIBILITY.
(a) Place of Arrival.--Section 208(a)(1) of the Immigration
and Nationality Act (8 U.S.C. 1158(a)(1)) is amended--
(1) by striking ``or who arrives in the United States
(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
(2) by inserting ``and has arrived in the United States at
a port of entry,'' after ``United States''.
(b) Eligibility.--Section 208(b)(1)(A) of such Act (8
U.S.C. 1158(b)(1)(A)) is amended by inserting ``and is
eligible to apply for asylum under subsection (a)'' after
``section 101(a)(42)(A)''.
SEC. 4202. 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 ``if the Attorney General determines that
the alien may be removed'' and inserting the following: ``if
the Attorney General or the Secretary of Homeland Security
determines that--
``(i) the alien may be removed'';
(2) by striking ``removed, pursuant to a bilateral or
multilateral agreement, to'' and inserting ``removed to'';
(3) by inserting ``, on a case by case basis,'' before
``finds that'';
(4) by striking the period at the end and inserting ``;
or''; and
(5) by adding at the end the following:
``(ii) the alien entered, attempted to enter, or arrived in
the United States after transiting through at least one
country outside the alien's country of citizenship,
nationality, or last lawful habitual residence en route to
the United States, unless--
``(I) the alien demonstrates that he or she applied for
protection from persecution or torture in at least one
country outside the alien's country of citizenship,
nationality, or last lawful habitual residence through which
the alien transited en route to the United States, and the
alien received a final judgement denying the alien protection
in each country;
``(II) the alien demonstrates that he or she was a victim
of a severe form of trafficking in which a commercial sex act
was induced by force, fraud, or coercion, or in which the
person induced to perform such act was younger than 18 years
of age; or in which the trafficking included the recruitment,
harboring, transportation, provision, or obtaining of a
person for labor or services through the use of force, fraud,
or coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery, and was unable
to apply for protection from persecution in all countries
that alien transited en route to the United States as a
result of such severe form of trafficking; or
``(III) the only countries through which the alien
transited en route to the United States were, at the time of
the transit, not parties to the 1951 United Nations
Convention relating to the Status of Refugees, the 1967
Protocol Relating to the Status of Refugees, or the United
Nations Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment.''.
SEC. 4203. APPLICATION TIMING.
Section 208(a)(2)(B) of the Immigration and Nationality Act
(8 U.S.C. 1158(a)(2)(B)) is amended by striking ``1 year''
and inserting ``6 months''.
SEC. 4204. CLARIFICATION OF BURDEN OF PROOF.
Section 208(b)(1)(B)(i) of the Immigration and Nationality
Act (8 U.S.C. 1158(b)(1)(B)(i)) is amended by striking ``at
least one central reason'' and inserting ``the central
reason''.
SEC. 4205. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.
(a) Asylum Credibility Determinations.--Section
208(b)(1)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting after
``all relevant factors'' the following: ``, including
statements made to, and investigative reports prepared by,
immigration authorities and other government officials''.
(b) Relief for Removal Credibility Determinations.--Section
240(c)(4)(C) of such Act (8 U.S.C. 1229a(c)(4)(C)) is amended
by inserting ``, including statements made to, and
investigative reports prepared by, immigration authorities
and other government officials'' after ``all relevant
factors''.
SEC. 4206. ADDITIONAL EXCEPTION.
Section 208(b)(2)(A) of the Immigration and Nationality Act
(8 U.S.C. 1158(b)(2)(A)) is amended--
(1) in clause (v), by striking ``or'' at the end;
(2) in clause (vi), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(vii) there are reasonable grounds for concluding the
alien could avoid persecution by relocating to another part
of the alien's country of nationality or, if stateless,
another part of the alien's country of last habitual
residence.''.
SEC. 4207. 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).
SEC. 4208. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN
TO HOME COUNTRY.
(a) In General.--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) Renunciation of status pursuant to return to home
country.--
``(A) In general.--Except as provided in subparagraph (B),
any alien who is granted asylum status under this Act, who,
absent changed country conditions, 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
subparagraph (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.''.
(b) Conforming Amendment.--Section 208(c)(3) of such Act (8
U.S.C. 1158(c)(3)) is amended by inserting ``or (4)'' after
``paragraph (2)''.
SEC. 4209. CLARIFICATION REGARDING EMPLOYMENT ELIGIBILITY.
Section 208(d)(2) of the Immigration and Nationality Act (8
U.S.C. 1158(d)(2)) is amended--
(1) by striking ``prior to 180 days'' and inserting
``before the date that is 1 year''; and
(2) by inserting ``and the authorization shall expire 6
months after the date on which it is granted'' before the
period at the end.
SEC. 4210. 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--
[[Page S721]]
(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; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period at the end
and inserting ``; and''; 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 serving as notice to the alien of
the consequence 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 to read as follows:
``(6) Frivolous applications.--
``(A) Consequence.--If the Secretary of Homeland Security
or the Attorney General determines that an alien has
knowingly made a frivolous application for asylum after
receiving the written warning required under paragraph
(4)(C), such alien shall be permanently ineligible for any
benefits under this chapter, effective as the date of the
final determination of such an application.
``(B) Determination.--An application shall be considered
frivolous if the Secretary of Homeland Security or the
Attorney General determines, consistent with subparagraph
(C), that--
``(i) the application is so insufficient in substance that
it is clear that the applicant knowingly filed the
application solely or in part to delay removal from the
United States, to seek employment authorization as an
applicant for asylum pursuant to regulations issued pursuant
to paragraph (2), or to seek issuance of a Notice to Appear
in order to pursue Cancellation of Removal under section
240A(b); or
``(ii) any of the material elements are knowingly
fabricated.
``(C) Opportunity to clarify claim.--An application may not
be considered frivolous under this paragraph unless the
Secretary or the Attorney General are satisfied that the
applicant, during the course of the proceedings, has had
sufficient opportunity to clarify any discrepancies or
implausible aspects of the applicant's claim.
``(D) Withholding of removal.--A determination under this
paragraph that an alien filed a frivolous asylum application
shall not preclude such alien from seeking withholding of
removal under section 241(b)(3) or protection pursuant to the
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York December
10, 1984.''.
SEC. 4211. 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
``claim'' and all that follows, and inserting ``claim, as
determined pursuant to section 208(b)(1)(B)(iii), and such
other facts as are known to the officer, that the alien could
establish eligibility for asylum under section 208, and it is
more probable than not that the statements made by, and on
behalf of, the alien in support of the alien's claim are
true.''.
SEC. 4212. 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--
(1) 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, to the extent
possible; and
(2) such questions and the answers provided in response to
such questions are recorded in a uniform manner.
(b) Credible Fear Interview Checklists.--The Secretary of
Homeland Security shall--
(1) provide a checklist of standard questions and concepts
to be addressed in all interviews required under section
235(b) of the Immigration and Nationality Act (8 U.S.C.
1225(b)) to immigration officers exercising decision-making
authority in such interviews;
(2) routinely update such checklist to include relevant
changes to law and procedures; and
(3) require all immigration officers utilizing such
checklists to provide concise justifications of their
decisions regardless of whether credible fear was or was not
established by the alien.
(c) Factors Relating to Sworn Statements.--To the extent
practicable, any sworn or signed written statement taken from
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 such sworn statement.
(d) Interpreters.--The Secretary of Homeland Security shall
ensure the use of a competent interpreter who is not
affiliated with the government of the country from which the
alien may claim asylum if the interviewing officer does not
speak a language understood by the alien.
(e) Recordings in Immigration Proceedings.--All interviews
of aliens subject to expedited removal shall be recorded
(either by audio or by audio visual). Such recordings shall
be included in the record of proceeding and shall be
considered as evidence in any further proceedings involving
such aliens.
(f) No Private Right of Action.--Nothing in this section
may be construed to create--
(1) 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; or
(2) any right of review in any administrative, judicial, or
other proceeding.
SEC. 4213. PENALTIES FOR ASYLUM FRAUD.
Section 1001 of title 18, United States Code, is amended by
adding at the end the following:
``(d) Any person who, in any matter before the Secretary of
Homeland Security or the Attorney General pertaining to
asylum under section 208 of the Immigration and Nationality
Act (8 U.S.C. 1158) or withholding of removal under section
241(b)(3) of such Act (8 U.S.C. 1231(b)(3)), knowingly and
willfully--
``(1) makes any materially false, fictitious, or fraudulent
statement or representation; or
``(2) makes or uses any false writings or document knowing
the same to contain any materially false, fictitious, or
fraudulent statement or entry,
shall be fined under this title, imprisoned not more than 10
years, or both.''.
SEC. 4214. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.
Section 3291 of title 18, United States Code, is amended--
(1) by striking ``1544,'' and inserting ``1544, and section
1546,''; and
(2) by inserting ``or within 10 years after the fraud is
discovered'' before the period at the end.
SEC. 4215. TECHNICAL AMENDMENTS.
Section 208 of the Immigration and Nationality Act, as
amended by this title, is further amended--
(1) in subsection (a)--
(A) in paragraph (2)(D), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''; and
(B) in paragraph (3), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General'';
(2) in subsection (b)(2), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'' each
place such term appears;
(3) in subsection (c)--
(A) in paragraph (1), by striking ``Attorney General'' each
place such term appears and inserting ``Secretary of Homeland
Security'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``Secretary of Homeland Security or the''
before ``Attorney General''; and
(C) in paragraph (3), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General''; and
(4) in subsection (d)--
(A) in paragraph (1), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General'' each place such
term appears;
(B) in paragraph (2), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; and
(C) in paragraph (5)--
(i) in subparagraph (A), by striking ``Attorney General''
and inserting ``Secretary of Homeland Security''; and
(ii) in subparagraph (B), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''.
______