[Congressional Record (Bound Edition), Volume 160 (2014), Part 10]
[House]
[Pages 13748-13766]
[From the U.S. Government Publishing Office, www.gpo.gov]




                SECURE THE SOUTHWEST BORDER ACT OF 2014

  Mr. ROGERS of Kentucky. Mr. Speaker, pursuant to House Resolution 
696, I call up the bill (H.R. 5230) making supplemental appropriations 
for the fiscal year ending September 30, 2014, and for other purposes, 
and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5230

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2014, and for other purposes, namely:

        DIVISION A--SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS

                                TITLE I

                    DEPARTMENT OF HOMELAND SECURITY

                   U.S. Customs and Border Protection

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $71,000,000, to remain available until September 30, 2015, 
     for necessary expenses to apprehend, transport, and provide 
     temporary shelter associated with the significant rise in 
     unaccompanied alien children and alien adults accompanied by 
     an alien minor at the Southwest Border of the United States, 
     including related activities to secure the border, disrupt 
     transnational crime, and the necessary acquisition, 
     construction, improvement, repair, and management of 
     facilities: Provided, That not later than 30 days after the 
     date of the enactment of this Act, the Secretary of Homeland 
     Security shall submit to the Committees on Appropriations of 
     the House of Representatives and the Senate an obligation and 
     quarterly expenditure plan for these funds: Provided further, 
     That the Secretary shall provide to such Committees quarterly 
     updates on the expenditure of these funds.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $334,000,000, to remain available until September 30, 2015, 
     for necessary expenses to respond to the significant rise in 
     unaccompanied alien children and alien adults accompanied by 
     an alien minor at the Southwest Border of the United States, 
     including for enforcement of immigration and customs law, 
     including detention and removal operations, of which 
     $262,000,000 shall be for Custody Operations and $72,000,000 
     shall be for Transportation and Removal operations: Provided, 
     That not later than 30 days after the date of the enactment 
     of this Act, the Secretary of Homeland Security shall submit 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate an obligation and quarterly 
     expenditure plan for these funds: Provided further, That the 
     Secretary shall provide to such Committees quarterly updates 
     on the expenditure of these funds.

                     GENERAL PROVISIONS--THIS TITLE

                         (including rescission)

       Sec. 101.  Notwithstanding any other provision of law, none 
     of the funds provided by this title shall be available for 
     obligation or expenditure through a reprogramming or transfer 
     of funds that proposes to use funds directed for a specific 
     activity by either of the Committees on Appropriations of the 
     House of Representatives or the Senate for a different 
     purpose than for which the appropriations were provided: 
     Provided, That prior to the obligation of such funds, a 
     request for approval shall be submitted to such Committees.
       Sec. 102.  The Secretary of Homeland Security shall provide 
     to the Congress quarterly reports that include: (1) the 
     number of apprehensions at the border delineated by 
     unaccompanied alien children and alien adults accompanied by 
     an alien minor; (2) the number of claims of a credible fear 
     of persecution delineated by unaccompanied alien children and 
     alien adults accompanied by an alien minor, and the number of 
     determinations of valid claims of a credible fear of 
     persecution delineated by unaccompanied alien children and 
     alien adults accompanied by an alien minor; (3) the number of 
     unaccompanied alien children and alien adults accompanied by 
     an alien minor granted asylum by an immigration judge, 
     delineated by year of apprehension; (4) the number of alien 
     adults accompanied by an alien minor in detention facilities, 
     alternatives to detention, and other non-detention forms of 
     supervision; and (5) the number of removals delineated by 
     unaccompanied alien children and alien adults accompanied by 
     an alien minor.
       Sec. 103.  Of the unobligated balance available for 
     ``Department of Homeland Security--Federal Emergency 
     Management Agency--Disaster Relief Fund'', $405,000,000 is 
     rescinded: Provided, That no amounts may be rescinded from 
     amounts that were designated by the Congress as an emergency 
     requirement pursuant to a concurrent resolution on a budget 
     or the Balanced Budget and Emergency Deficit Control Act of 
     1985: Provided further, That no amounts may be rescinded from 
     the amounts that were designated by the Congress as being for 
     disaster relief pursuant to section 251(b)(2)(D) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       Sec. 104.  Notwithstanding any other provision of law, 
     grants awarded under sections 2003 or 2004 of the Homeland 
     Security Act of 2002 (6 U.S.C. 604 and 605) using funds 
     provided under the heading ``Federal Emergency Management 
     Agency--State and Local Programs'' in division F of Public 
     Law 113-76, division D of Public Law 113-6, or division D of 
     Public Law 112-74 may be used by State and

[[Page 13749]]

     local law enforcement and public safety agencies within local 
     units of government along the Southwest Border of the United 
     States for costs incurred during the award period of 
     performance for personnel, overtime, travel, costs related to 
     combating illegal immigration and drug smuggling, and costs 
     related to providing humanitarian relief to unaccompanied 
     alien children and alien adults accompanied by an alien minor 
     who have entered the United States.

                                TITLE II

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $12,419,000, to remain available until September 30, 
     2015, for necessary expenses related to the Southwest Border 
     of the United States.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $2,258,000, to remain available until September 
     30, 2015, for necessary expenses related to the Southwest 
     Border of the United States.

                       OPERATION AND MAINTENANCE

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $15,807,000, to remain available until 
     September 30, 2015, for necessary expenses related to the 
     Southwest Border of the United States.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $4,516,000, to remain available until 
     September 30, 2015, for necessary expenses related to the 
     Southwest Border of the United States.

                     GENERAL PROVISION--THIS TITLE

                              (rescission)

       Sec. 201.  Of the unobligated balances of amounts 
     appropriated in title II of division C of Public Law 113-76 
     for ``Operation and Maintenance, Defense-Wide'', $35,000,000 
     is hereby rescinded to reflect excess cash balances in 
     Department of Defense Working Capital Funds.

                               TITLE III

                         DEPARTMENT OF JUSTICE

                         General Administration

                   administrative review and appeals

       For an additional amount for ``Administrative Review and 
     Appeals'' for necessary expenses to respond to the 
     significant rise in unaccompanied alien children and alien 
     adults accompanied by an alien minor at the Southwest Border 
     of the United States, $22,000,000, to remain available until 
     September 30, 2015, of which $12,900,000 shall be for 
     additional temporary immigration judges and related expenses, 
     and $9,100,000 shall be for technology for judges to expedite 
     the adjudication of immigration cases.

                     GENERAL PROVISION--THIS TITLE

                              (rescission)

       Sec. 301.  Of the unobligated balances available for 
     ``Department of Justice--Legal Activities--Assets Forfeiture 
     Fund'', $22,000,000 is hereby permanently rescinded.

                                TITLE IV

                     GENERAL PROVISIONS--THIS TITLE

                     Repatriation and Reintegration

       Sec. 401. (a) Repatriation and Reintegration.--Of the funds 
     appropriated in titles III and IV of division K of Public Law 
     113-76, and in prior Acts making appropriations for the 
     Department of State, foreign operations, and related 
     programs, for assistance for the countries in Central 
     America, up to $40,000,000 shall be made available for such 
     countries for repatriation and reintegration activities: 
     Provided, That funds made available pursuant to this section 
     may be obligated notwithstanding subsections (c) and (e) of 
     section 7045 of division K of Public Law 113-76.
       (b) Report.--Prior to the initial obligation of funds made 
     available pursuant to this section, but not later than 15 
     days after the date of enactment of this Act, and every 90 
     days thereafter until September 30, 2015, the Secretary of 
     State, in consultation with the Administrator of the United 
     States Agency for International Development, shall submit to 
     the appropriate congressional committees a report on the 
     obligation of funds made available pursuant to this section 
     by country and the steps taken by the government of each 
     country to--
       (1) improve border security;
       (2) enforce laws and policies to stem the flow of illegal 
     entries into the United States;
       (3) enact laws and implement new policies to stem the flow 
     of illegal entries into the United States, including 
     increasing penalties for human smuggling;
       (4) conduct public outreach campaigns to explain the 
     dangers of the journey to the Southwest Border of the United 
     States and to emphasize the lack of immigration benefits 
     available; and
       (5) cooperate with United States Federal agencies to 
     facilitate and expedite the return, repatriation, and 
     reintegration of illegal migrants arriving at the Southwest 
     Border of the United States.
       (c) Suspension of Assistance.--The Secretary of State shall 
     suspend assistance provided pursuant to this section to the 
     government of a country if such government is not making 
     significant progress on each item described in paragraphs (1) 
     through (5) of subsection (b): Provided, That assistance may 
     only be resumed if the Secretary reports to the appropriate 
     congressional committees that subsequent to the suspension of 
     assistance such government is making significant progress on 
     each of the items enumerated in such subsection.
       (d) Notification Requirement.--Funds made available 
     pursuant to this section shall be subject to the regular 
     notification procedures of the Committees on Appropriations 
     of the House of Representatives and the Senate.

                              (rescission)

       Sec. 402.  Of the unexpended balances available to the 
     President for bilateral economic assistance under the heading 
     ``Economic Support Fund'' from prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs, $197,000,000 is rescinded: 
     Provided, That no amounts may be rescinded from amounts that 
     were designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 or as an emergency requirement pursuant 
     to a concurrent resolution on the budget or the Balanced 
     Budget and Emergency Deficit Control Act of 1985.

                                TITLE V

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                     refugee and entrant assistance

       For an additional amount for ``Refugee and Entrant 
     Assistance'', $197,000,000, to be merged with and available 
     for the same time period and for the same purposes as the 
     funds made available under this heading in division H of 
     Public Law 113-76 ``for carrying out such sections 414, 501, 
     462, and 235'': Provided, That of this amount, $47,000,000 
     shall be for the Social Services and Targeted Assistance 
     programs.
        This division may be cited as the ``Secure the Southwest 
     Border Supplemental Appropriations Act, 2014''.

          DIVISION B--SECURE THE SOUTHWEST BORDER ACT OF 2014

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Secure the Southwest Border Act of 2014''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 1. Short title; table of contents.

                      TITLE I--PROTECTING CHILDREN

Sec. 101. Repatriation of unaccompanied alien children.
Sec. 102. Expedited due process and screening of unaccompanied alien 
              children.
Sec. 103. Due process protections for unaccompanied alien children 
              present in the United States.
Sec. 104. Emergency immigration judge resources.
Sec. 105. Protecting children from human traffickers, sex offenders, 
              and other criminals.
Sec. 106. Inclusion of additional grounds for per se ineligibility for 
              asylum.

       TITLE II--USE OF NATIONAL GUARD TO IMPROVE BORDER SECURITY

Sec. 201. National Guard support for border operations.

       TITLE III--NATIONAL SECURITY AND FEDERAL LANDS PROTECTION

Sec. 301. Prohibition on actions that impede border security on certain 
              Federal land.
Sec. 302. Sense of Congress on placement of unauthorized aliens at 
              military installations.

                      TITLE I--PROTECTING CHILDREN

     SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

       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''; 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 striking 
     ``countries contiguous to the United States'' and inserting 
     ``Canada, El Salvador, Guatemala, Honduras, Mexico, and any 
     other foreign country that the Secretary determines 
     appropriate''; and
       (2) in paragraph (5)(D)--

[[Page 13750]]

       (A) in the subparagraph heading, by striking ``Placement in 
     removal proceedings'' and inserting ``Expedited due process 
     and screening for unaccompanied alien children'';
       (B) 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), 
     shall be--'' and inserting ``who meets the criteria listed in 
     paragraph (2)(A)--'';
       (C) by striking clause (i) and inserting the following:
       ``(i) shall be placed in a proceeding in accordance with 
     section 235B of the Immigration and Nationality Act, which 
     shall commence not later than 7 days after the screening of 
     an unaccompanied alien child described in paragraph (4);'';
       (D) by redesignating clauses (ii) and (iii) as clauses 
     (iii) and (iv), respectively;
       (E) by inserting after clause (i) the following:
       ``(ii) may not be placed in the immediate custody of a 
     nongovernmental sponsor or otherwise released from the 
     custody of the United States Government until the child is 
     repatriated unless the child is the subject of an order under 
     section 235B(e)(1) of the Immigration and Nationality Act;'';
       (F) in clause (iii), as redesignated, by inserting ``is'' 
     before ``eligible''; and
       (G) in clause (iv), as redesignated, by inserting ``shall 
     be'' before ``provided''.

     SEC. 102. EXPEDITED DUE PROCESS AND SCREENING OF 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Amendments to Immigration and Nationality Act.--
       (1) In general.--Chapter 4 of the Immigration and 
     Nationality Act is amended by inserting after section 235A 
     the following:

     ``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING 
                   FOR UNACCOMPANIED ALIEN CHILDREN.

       ``(a) Defined Term.--In this section, the term `asylum 
     officer' had the meaning given such term in section 
     235(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)(1)(E)).
       ``(b) Proceeding.--
       ``(1) In general.--Not later than 7 days after the 
     screening of an unaccompanied alien child under section 
     235(a)(4) of the William Wilberforce Trafficking Victims 
     Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)), 
     an immigration judge shall conduct a proceeding to inspect, 
     screen, and determine the status of an unaccompanied alien 
     child who is an applicant for admission to the United States.
       ``(2) Time limit.--Not later than 72 hours after the 
     conclusion of a proceeding with respect to an unaccompanied 
     alien child under this section, the immigration judge who 
     conducted such proceeding shall issue an order pursuant to 
     subsection (e).
       ``(c) Conduct of Proceeding.--
       ``(1) Authority of immigration judge.--The immigration 
     judge conducting a proceeding under this section--
       ``(A) shall administer oaths, receive evidence, and 
     interrogate, examine, and cross-examine the alien and any 
     witnesses;
       ``(B) may issue subpoenas for the attendance of witnesses 
     and presentation of evidence; and
       ``(C) is authorized to sanction by civil money penalty any 
     action (or inaction) in contempt of the judge's proper 
     exercise of authority under this Act.
       ``(2) Form of proceeding.--A proceeding under this section 
     may take place--
       ``(A) in person;
       ``(B) at a location agreed to by the parties, in the 
     absence of the alien;
       ``(C) through video conference; or
       ``(D) through telephone conference.
       ``(3) Presence of alien.--If it is impracticable by reason 
     of an alien's mental incompetency for the alien to be present 
     at the proceeding, the Attorney General shall prescribe 
     safeguards to protect the rights and privileges of the alien.
       ``(4) Rights of the alien.--In a proceeding under this 
     section--
       ``(A) the alien shall be given the privilege of being 
     represented, at no expense to the Government, by counsel of 
     the alien's choosing who is authorized to practice in such 
     proceedings;
       ``(B) the alien shall be given a reasonable opportunity--
       ``(i) to examine the evidence against the alien;
       ``(ii) to present evidence on the alien's own behalf; and
       ``(iii) to cross-examine witnesses presented by the 
     Government;
       ``(C) the rights set forth in subparagraph (B) shall not 
     entitle the alien--
       ``(i) to examine such national security information as the 
     Government may proffer in opposition to the alien's admission 
     to the United States; or
       ``(ii) to an application by the alien for discretionary 
     relief under this Act; and
       ``(D) a complete record shall be kept of all testimony and 
     evidence produced at the proceeding.
       ``(5) Withdrawal of application for admission.--In the 
     discretion of the Attorney General, an alien applying for 
     admission to the United States may, and at any time, be 
     permitted to withdraw such application and immediately be 
     returned to the alien's country of nationality or country of 
     last habitual residence.
       ``(6) Consequences of failure to appear.--Any alien who 
     fails to appear at a proceeding required under this section, 
     shall be ordered removed in absentia if the Government 
     establishes by a preponderance of the evidence that the alien 
     was at fault for their absence from the proceedings.
       ``(d) Decision and Burden of Proof.--
       ``(1) Decision.--
       ``(A) In general.--At the conclusion of a proceeding under 
     this section, the immigration judge shall determine whether 
     an unaccompanied alien child is likely to be--
       ``(i) admissible to the United States; or
       ``(ii) eligible for any form of relief from removal under 
     this Act.
       ``(B) Evidence.--The determination of the immigration judge 
     under subparagraph (A) shall be based only on the evidence 
     produced at the hearing.
       ``(2) Burden of proof.--
       ``(A) In general.--In a proceeding under this section, an 
     alien who is an applicant for admission has the burden of 
     establishing, by a preponderance of the evidence, that the 
     alien--
       ``(i) is likely to be entitled to be lawfully admitted to 
     the United States or eligible for any form of relief from 
     removal under this Act; or
       ``(ii) is lawfully present in the United States pursuant to 
     a prior admission.
       ``(B) Access to documents.--In meeting the burden of proof 
     under subparagraph (A)(ii), the alien shall be given access 
     to--
       ``(i) the alien's visa or other entry document, if any; and
       ``(ii) any other records and documents, not considered by 
     the Attorney General to be confidential, pertaining to the 
     alien's admission or presence in the United States.
       ``(e) Orders.--
       ``(1) Placement in further proceedings.--If an immigration 
     judge determines that the unaccompanied alien child has met 
     the burden of proof under subsection (d)(2), the judge shall 
     order the alien to be placed in further proceedings in 
     accordance with section 240.
       ``(2) Orders of removal.--If an immigration judge 
     determines that the unaccompanied alien child has not met the 
     burden of proof required under subsection (d)(2), the judge 
     shall order the alien removed from the United States without 
     further hearing or review unless the alien claims--
       ``(A) an intention to apply for asylum under section 208; 
     or
       ``(B) a fear of persecution.
       ``(3) Claims for asylum.--If an unaccompanied alien child 
     described in paragraph (2) claims an intention to apply for 
     asylum under section 208 or a fear of persecution, the judge 
     shall order the alien referred for an interview by an asylum 
     officer under subsection (f).
       ``(f) Asylum Interviews.--
       ``(1) Defined term.--In this subsection, the term `credible 
     fear of persecution' has the meaning given such term in 
     section 235(b)(1)(B)(v) of the Immigration and Nationality 
     Act (8 U.S.C. 1225(b)(1)(B)(v)).
       ``(2) Conduct by asylum officer.--An asylum officer shall 
     conduct interviews of aliens referred under subsection 
     (e)(3).
       ``(3) Referral of certain aliens.--If the officer 
     determines at the time of the interview that an alien has a 
     credible fear of persecution, the alien shall be held in the 
     custody of the Secretary of Health and Human Services 
     pursuant to section 235(b) of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232(b)) during further consideration of the 
     application for asylum.
       ``(4) Removal without further review if no credible fear of 
     persecution.--
       ``(A) In general.--Subject to subparagraph (C), if the 
     asylum officer determines that an alien does not have a 
     credible fear of persecution the officer shall order the 
     alien removed from the United States without further hearing 
     or review.
       ``(B) Record of determination.--The officer shall prepare a 
     written record of a determination under subparagraph (A), 
     which shall include--
       ``(i) a summary of the material facts as stated by the 
     applicant;
       ``(ii) such additional facts (if any) relied upon by the 
     officer;
       ``(iii) the officer's analysis of why, in light of such 
     facts, the alien has not established a credible fear of 
     persecution; and
       ``(iv) a copy of the officer's interview notes.
       ``(C) Review of determination.--
       ``(i) Rulemaking.--The Attorney General shall establish, by 
     regulation, a process by which an immigration judge will 
     conduct a prompt review, upon the alien's request, of a 
     determination under subparagraph (A) that the alien does not 
     have a credible fear of persecution.
       ``(ii) Mandatory components.--The review described in 
     clause (i)--

       ``(I) shall include an opportunity for the alien to be 
     heard and questioned by the immigration judge, either in 
     person or by telephonic or video connection; and
       ``(II) shall be conducted--

       ``(aa) as expeditiously as possible;
       ``(bb) within the 24-hour period beginning at the time the 
     asylum officer makes a determination under subparagraph (A), 
     to the maximum extent practicable; and

[[Page 13751]]

       ``(cc) in no case later than 7 days after such 
     determination.
       ``(5) Mandatory protective custody.--Any alien subject to 
     the procedures under this subsection shall be held in the 
     custody of the Secretary of Health and Human Services 
     pursuant to section 235(b) of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232(b))--
       ``(A) pending a final determination of an asylum 
     application under section 208; or
       ``(B) after a determination that the alien does not have a 
     credible fear of persecution, until the alien is removed.
       ``(g) Limitation on Administrative Review.--
       ``(1) In general.--Except as provided in subsection 
     (f)(4)(C) and paragraph (2), a removal order entered in 
     accordance with subsection (e)(2) or (f)(4)(A) is not subject 
     to administrative appeal.
       ``(2) Rulemaking.--The Attorney General shall establish, by 
     regulation, a process for the prompt review of an order under 
     subsection (e)(2) against an alien who claims under oath, or 
     as permitted under penalty of perjury under section 1746 of 
     title 28, United States Code, after having been warned of the 
     penalties for falsely making such claim under such conditions 
     to have been--
       ``(A) lawfully admitted for permanent residence;
       ``(B) admitted as a refugee under section 207; or
       ``(C) granted asylum under section 208.
       ``(h) Last In, First Out.--In any proceedings, 
     determinations, or removals under this section, priority 
     shall be accorded to the alien who has most recently arrived 
     in the United States.''.
       (2) Clerical amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 235A 
     the following:

``Sec. 235B. Humane and expedited inspection and screening for 
              unaccompanied alien children.''.

       (b) Judicial Review of Orders of Removal.--Section 242 of 
     the Immigration and Nationality Act (8 U.S.C. 1252) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, or an order of 
     removal issued to an unaccompanied alien child after 
     proceedings under section 235B'' after ``section 235(b)(1)''; 
     and
       (B) in paragraph (2)--
       (i) by inserting ``or section 235B'' after ``section 
     235(b)(1)'' each place it appears; and
       (ii) in subparagraph (A)--

       (I) in the subparagraph heading, by inserting ``or 235b'' 
     after ``section 235(b)(1)''; and
       (II) in clause (iii), by striking ``section 235(b)(1)(B),'' 
     and inserting ``section 235(b)(1)(B) or 235B(f);''; and

       (2) in subsection (e)--
       (A) in the subsection heading, by inserting ``or 235B'' 
     after ``Section 235(b)(1)'';
       (B) by inserting ``or section 235B'' after ``section 
     235(b)(1)'' in each place it appears;
       (C) in subparagraph (2)(C), by inserting ``or section 
     235B(g)'' after ``section 235(b)(1)(C)''; and
       (D) in subparagraph (3)(A), by inserting ``or section 
     235B'' after ``section 235(b)''.

     SEC. 103. DUE PROCESS PROTECTIONS FOR UNACCOMPANIED ALIEN 
                   CHILDREN PRESENT IN THE UNITED STATES.

       (a) Filing Authorized.--Not later than 60 days after the 
     date of the enactment of this Act, the Secretary of Homeland 
     Security, notwithstanding any other provision of law, shall, 
     at an immigration court designated to conduct proceedings 
     under section 235B of the Immigration and Nationality Act, 
     permit an unaccompanied alien child who was issued a Notice 
     to Appear under section 239 of the Immigration and 
     Nationality Act (8 U.S.C. 1229) during the period beginning 
     on January 1, 2013, and ending on the date of the enactment 
     of this Act--
       (1) to appear, in-person, before an immigration judge who 
     has been authorized by the Attorney General to conduct 
     proceedings under section 235B of the Immigration and 
     Nationality Act, as added by section 102;
       (2) to attest to their desire to apply for admission to the 
     United States; and
       (3) to file a motion--
       (A) to replace any Notice to Appear issued between January 
     1, 2013, and the date of the enactment of this Act under 
     section 239 of the Immigration and Nationality Act (8 U.S.C. 
     1229); and
       (B) to apply for admission to the United States by being 
     placed in proceedings under section 235B of the Immigration 
     and Nationality Act.
       (b) Motion Granted.--An immigration judge may, at the sole 
     and unreviewable discretion of the judge, grant a motion 
     filed under subsection (a)(3) upon a finding that--
       (1) the petitioner was an unaccompanied alien child (as 
     such term is defined in section 462 of the Homeland Security 
     Act of 2002 (6 U.S.C. 279)) on the date on which a Notice to 
     Appear described in subsection (a) was issued to the alien;
       (2) the Notice to Appear was issued during the period 
     beginning on January 1, 2013, and ending on the date of the 
     enactment of this Act;
       (3) the unaccompanied alien child is applying for admission 
     to the United States; and
       (4) the granting of such motion would not be manifestly 
     unjust.
       (c) Effect of Motion.--Notwithstanding any other provision 
     of law, upon the granting of a motion to replace under 
     subsection (b), the immigration judge who granted such motion 
     shall--
       (1) while the petitioner remains in-person, immediately 
     inspect and screen the petitioner for admission to the United 
     States by conducting a proceeding under section 235B of the 
     Immigration and Nationality Act, as added by section 102;
       (2) immediately notify the petitioner of the petitioner's 
     ability, under section 235B(c)(5) of the Immigration and 
     Nationality Act to withdraw the petitioner's application for 
     admission to the United States and immediately be returned to 
     the petitioner's country of nationality or country of last 
     habitual residence; and
       (3) replace the petitioner's notice to appear with an order 
     under section 235B(e) of the Immigration and Nationality Act.
       (d) Protective Custody.--An unaccompanied alien child who 
     has been granted a motion under subsection (b) shall be held 
     in the custody of the Secretary of Health and Human Services 
     pursuant to section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232).

     SEC. 104. EMERGENCY IMMIGRATION JUDGE RESOURCES.

       (a) Designation.--Not later than 14 days after the date of 
     the enactment of this Act, the Attorney General shall 
     designate up to 40 immigration judges, including through the 
     hiring of retired immigration judges, administrative law 
     judges, or magistrate judges, or the reassignment of current 
     immigration judges, that are dedicated to conducting humane 
     and expedited inspection and screening for unaccompanied 
     alien children under section 235B of the Immigration and 
     Nationality Act, as added by section 102. Such designations 
     shall remain in effect solely for the duration of the 
     humanitarian crisis at the southern border (as determined by 
     the Secretary of Homeland Security, in consultation with the 
     Attorney General).
       (b) Requirement.--The Attorney General shall ensure that 
     sufficient immigration judge resources are dedicated to the 
     purpose described in subsection (a) to comply with the 
     requirement under section 235B(b)(1) of the Immigration and 
     Nationality Act.

     SEC. 105. PROTECTING CHILDREN FROM HUMAN TRAFFICKERS, SEX 
                   OFFENDERS, AND OTHER CRIMINALS.

       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) in subparagraph (A), by inserting ``, including a 
     mandatory biometric criminal history check'' before the 
     period at the end; and
       (2) by adding at the end the following--
       ``(D) Prohibition on placement with sex offenders and human 
     traffickers.--
       ``(i) In general.--The Secretary of Health and Human 
     Services may not place an unaccompanied alien child in the 
     custody of an individual who has been convicted of--

       ``(I) a sex offense (as defined in section 111 of the Sex 
     Offender Registration and Notification Act (42 U.S.C. 
     16911)); or
       ``(II) a crime involving a severe form of trafficking in 
     persons (as defined in section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102)).

       ``(ii) Requirements of criminal background check.--A 
     biometric criminal history check under subparagraph (A) shall 
     be based on a set of fingerprints or other biometric 
     identifiers and conducted through--

       ``(I) the Federal Bureau of Investigation; and
       ``(II) criminal history repositories of all States that the 
     individual lists as current or former residences.''.

     SEC. 106. INCLUSION OF ADDITIONAL GROUNDS FOR PER SE 
                   INELIGIBILITY FOR ASYLUM.

       Section 208(b)(2)(A)(iii) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(b)(2)(A)(iii)) is amended by 
     inserting after ``a serious nonpolitical crime'' the 
     following: ``(including any drug-related offense punishable 
     by a term of imprisonment greater than 1 year)''.

       TITLE II--USE OF NATIONAL GUARD TO IMPROVE BORDER SECURITY

     SEC. 201. NATIONAL GUARD SUPPORT FOR BORDER OPERATIONS.

       (a) Deployment Authority and Funding.--Amounts appropriated 
     for the Department of Defense in this Act shall be expended 
     for any units or personnel of the National Guard deployed to 
     perform operations and missions under section 502(f) of title 
     32, United States Code, on the southern border of the United 
     States.
       (b) Assignment of Operations and Missions.--
       (1) In general.--National Guard units and personnel 
     deployed under subsection (a) may be assigned such operations 
     as may be necessary to provide assistance for operations on 
     the southern border, with priority given to high traffic 
     areas experiencing the highest number of crossings by 
     unaccompanied alien children.
       (2) Nature of duty.--The duty of National Guard personnel 
     performing operations and missions on the southern border 
     shall be full-time duty under title 32, United States Code.

[[Page 13752]]

       (c) Materiel and Logistical Support.--The Secretary of 
     Defense shall deploy such materiel and equipment and 
     logistical support as may be necessary to ensure success of 
     the operations and missions conducted by the National Guard 
     under this section.
       (d) Exclusion From National Guard Personnel Strength 
     Limitations.--National Guard personnel deployed under 
     subsection (a) shall not be included in--
       (1) the calculation to determine compliance with limits on 
     end strength for National Guard personnel; or
       (2) limits on the number of National Guard personnel that 
     may be placed on active duty for operational support under 
     section 115 of title 10, United States Code.
       (e) High Traffic Areas Defined.--In this section:
       (1) The term ``high traffic areas'' means sectors along the 
     northern and southern borders of the United States that are 
     within the responsibility of the Border Patrol that have the 
     most illicit cross-border activity, informed through 
     situational awareness.
       (2) The term ``unaccompanied alien child'' means a child 
     who--
       (A) has no lawful immigration status in the United States;
       (B) has not attained 18 years of age; and
       (C) with respect to whom--
       (i) there is no parent or legal guardian in the United 
     States; or
       (ii) no parent or legal guardian in the United States is 
     available to provide care and physical custody.

       TITLE III--NATIONAL SECURITY AND FEDERAL LANDS PROTECTION

     SEC. 301. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY 
                   ON CERTAIN FEDERAL LAND.

       (a) Prohibition on Secretaries of the Interior and 
     Agriculture.--The Secretary of the Interior or the Secretary 
     of Agriculture shall not impede, prohibit, or restrict 
     activities of U.S. Customs and Border Protection on Federal 
     land located within 100 miles of the United States border 
     with Mexico that is under the jurisdiction of the Secretary 
     of the Interior or the Secretary of Agriculture, to execute 
     search and rescue operations, and to prevent all unlawful 
     entries into the United States, including entries by 
     terrorists, other unlawful aliens, instruments of terrorism, 
     narcotics, and other contraband through such international 
     land border of the United States. These authorities of U.S. 
     Customs and Border Protection on such Federal land apply 
     whether or not a state of emergency exists.
       (b) Authorized Activities of U.S. Customs and Border 
     Protection.--U.S. Customs and Border Protection shall have 
     immediate access to Federal land within 100 miles of the 
     United States border with Mexico that is under the 
     jurisdiction of the Secretary of the Interior or the 
     Secretary of Agriculture for purposes of conducting the 
     following activities on such land that prevent all unlawful 
     entries into the United States, including entries by 
     terrorists, other unlawful aliens, instruments of terrorism, 
     narcotics, and other contraband through such international 
     land border of the United States:
       (1) Construction and maintenance of roads.
       (2) Construction and maintenance of barriers.
       (3) Use of vehicles to patrol, apprehend, or rescue.
       (4) Installation, maintenance, and operation of 
     communications and surveillance equipment and sensors.
       (5) Deployment of temporary tactical infrastructure.
       (c) Clarification Relating to Waiver Authority.--
       (1) In general.--Notwithstanding any other provision of law 
     (including any termination date relating to the waiver 
     referred to in this subsection), the waiver by the Secretary 
     of Homeland Security on April 1, 2008, under section 
     102(c)(1) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 
     104-208) of the laws described in paragraph (2) with respect 
     to certain sections of the international border between the 
     United States and Mexico shall be considered to apply to all 
     Federal land under the jurisdiction of the Secretary of the 
     Interior or the Secretary of Agriculture within 100 miles of 
     such international land border of the United States for the 
     activities of U.S. Customs and Border Protection described in 
     subsection (b).
       (2) Description of laws waived.--The laws referred to in 
     paragraph (1) are limited to the Wilderness Act (16 U.S.C. 
     1131 et seq.), the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.), the National Historic Preservation 
     Act (16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 
     et seq.), the Act of June 8, 1906 (commonly known as the 
     ``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild 
     and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.), the National Wildlife Refuge System Administration Act 
     of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act 
     of 1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife 
     Coordination Act (16 U.S.C. 661 et seq.), subchapter II of 
     chapter 5, and chapter 7, of title 5, United States Code 
     (commonly known as the ``Administrative Procedure Act''), the 
     National Park Service Organic Act (16 U.S.C. 1 et seq.), the 
     General Authorities Act of 1970 (Public Law 91-383) (16 
     U.S.C. 1a-1 et seq.), sections 401(7), 403, and 404 of the 
     National Parks and Recreation Act of 1978 (Public Law 95-625, 
     92 Stat. 3467), and the Arizona Desert Wilderness Act of 1990 
     (16 U.S.C. 1132 note; Public Law 101-628).
       (d) Protection of Legal Uses.--This section shall not be 
     construed to provide--
       (1) authority to restrict legal uses, such as grazing, 
     hunting, mining, or public-use recreational and backcountry 
     airstrips on land under the jurisdiction of the Secretary of 
     the Interior or the Secretary of Agriculture; or
       (2) any additional authority to restrict legal access to 
     such land.
       (e) Effect on State and Private Land.--This Act shall--
       (1) have no force or effect on State or private lands; and
       (2) not provide authority on or access to State or private 
     lands.
       (f) Tribal Sovereignty.--Nothing in this section 
     supersedes, replaces, negates, or diminishes treaties or 
     other agreements between the United States and Indian tribes.

     SEC. 302. SENSE OF CONGRESS ON PLACEMENT OF UNAUTHORIZED 
                   ALIENS AT MILITARY INSTALLATIONS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Secretary of Defense should not allow the placement 
     of unauthorized aliens at a military installation unless--
       (A) the Secretary submits written notice to the 
     congressional defense committees and each Member of Congress 
     representing any jurisdiction in which an affected military 
     installation is situated; and
       (B) the Secretary publishes notice in the Federal Register;
       (2) the placement of unauthorized aliens at a military 
     institution should not displace active members of the Armed 
     Forces;
       (3) the placement of unauthorized aliens at a military 
     institution should not interfere with any mission of the 
     Department of Defense;
       (4) the Secretary of Health and Human Services should not 
     use a military installation for the placement of unauthorized 
     aliens unless all other facilities of the Department of 
     Health and Human Services are unavailable;
       (5) the Secretary of Health and Human Services should not 
     use a military installation for the placement of unauthorized 
     aliens for more than 120 days;
       (6) the Secretary of Health and Human Services should 
     ensure that all unauthorized alien children are vaccinated 
     upon arrival at a military installation as set forth in the 
     guidelines of the Office of Refugee Resettlement;
       (7) the Secretary of Health and Human Services should 
     ensure that all individuals under the supervision of the 
     Secretary with access to unauthorized alien children at a 
     military installation are properly cleared according to the 
     procedures set forth in the Victims of Child Abuse Act of 
     1990 (42 U.S.C. 13001 et seq.);
       (8) the Secretary of Health and Human Services should fully 
     comply with the provisions of the Victims of Child Abuse Act 
     of 1990 (42 U.S.C. 13001 et seq.) with respect to background 
     checks and should retain full legal responsibility for such 
     compliance; and
       (9) in accordance with section 1535 of title 31, United 
     States Code (commonly referred to as the ``Economy Act''), 
     the Secretary of Health and Human Services should reimburse 
     the Secretary of Defense for all expenses incurred by the 
     Secretary of Defense in carrying out the placement of 
     unauthorized aliens at a military installation.
       (b) Definitions.--In this section:
       (1) The term ``congressional defense committees'' has the 
     meaning given that term in section 101(a)(16) of title 10, 
     United States Code.
       (2) The term ``Member of Congress'' has the meaning given 
     that term in section 1591(c)(1) of title 10, United States 
     Code.
       (3) The term ``military installation'' has the meaning 
     given that term in section 2801(c)(4) of title 10, United 
     States Code, but does not include an installation located 
     outside of the United States.
       (4) The term ``placement'' means the placement of an 
     unauthorized alien in either a detention facility or an 
     alternative to such a facility.
       (5) The term ``unauthorized alien'' means an alien 
     unlawfully present in the United States, but does not include 
     a dependent of a member of the Armed Forces.

  The SPEAKER pro tempore (Ms. Foxx). Pursuant to House Resolution 696, 
the gentleman from Kentucky (Mr. Rogers) and the gentlewoman from New 
York (Mrs. Lowey) each will control 30 minutes.
  The Chair recognizes the gentleman from Kentucky.


                             General Leave

  Mr. ROGERS of Kentucky. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and to include extraneous material on H.R. 5230, and that I may 
include tabular material on the same.

[[Page 13753]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.
  Mr. ROGERS of Kentucky. Madam Speaker, I yield myself 6 minutes.
  I rise today to present H.R. 5230, which provides immediate, short-
term funding to address the southwest border crisis.
  In total, this bill provides $659 million to meet urgent border 
security and humanitarian needs for this fiscal year ending on 
September 30.
  Thousands of illegal immigrants, including unaccompanied children, 
have flooded our borders and overwhelmed our current facilities and 
personnel.

                              {time}  1200

  This includes a staggering number of children, arriving with no 
family, who are being smuggled across our borders by criminal 
organizations, subject to abuse and violence. We need to put safeguards 
in place to prevent them from taking this dangerous journey, as well as 
provide the resources needed to take care of them and process them 
appropriately.
  The President must take the lead on this by mitigating this crisis, 
turning back the tide of illegal immigrants, and fully enforcing our 
laws. This problem has, without a doubt, been exacerbated by the 
administration's policies on immigration, and it is up to the 
administration to find a way to fix that problem.
  In the meantime, however, Madam Speaker, it is plain that something 
must be done to ensure that our law enforcement personnel and Federal 
agencies have the resources needed to deal with this dire situation in 
the short term.
  The $659 million in funding in this bill focuses on three areas--
border security, humanitarian assistance, and prevention--to meet the 
most pressing needs. Of this total $659 million, $462 million is 
provided to increase security and enforce our laws, boosting personnel, 
and increasing detention space to the largest capacity in our history.
  Part of this funding will help accelerate judicial proceedings by 
increasing the number of temporary judges and outfitting all 
immigration courtrooms in the Nation with teleconferencing equipment 
that would allow them to be able to join in the process of adjudicating 
those cases on the border. There are some 332 of those courtrooms 
around the country.
  We have doubled existing funding for the National Guard to bolster 
their presence along our border, as they assist Customs and Border 
Protection with surveillance, investigations, and humanitarian efforts.
  The bill also provides $197 million to take care of these 
unaccompanied children, ensuring they have proper housing, meals, and 
temporary care while they are in U.S. custody.
  Madam Speaker, to stave off the continued influx of illegal 
immigration, the bill redirects existing State Department funding to 
ensure that countries like Guatemala, Honduras, and El Salvador must 
quickly accept and repatriate those returning from the U.S.
  This bill draws a hard line on spending, scrubbing the President's 
request to focus on the most immediate needs. It does not including 
funding for longer-term needs or unnecessary programs, like cash 
subsidies for coffee farmers. Any additional funding for this crisis 
can and should be addressed under the regular appropriations process 
for fiscal year 2015.
  In addition, to make sure that this bill doesn't add a penny to our 
deficit, Madam Speaker, every dollar spent here is fully offset from 
somewhere else by making noncontroversial rescissions of unused, excess 
prior-year funds.
  Lastly, the bill includes several policy provisions recommended by 
the Speaker's Working Group on the Border Crisis, led by the chairwoman 
of the State and Foreign Operations Appropriations Subcommittee, 
Representative Kay Granger from Texas. She will speak soon.
  This includes a change in a 2008 law to ensure that all unaccompanied 
minors arriving in this country are treated the same as Mexicans and 
Canadians for the purpose of removal.
  It also strengthens the law prohibiting immigration status to 
criminals convicted of serious drug crimes and prohibits the 
Secretaries of the Interior and Agriculture from restricting Customs 
and Border Protection apprehension activities on Federal land on the 
border, and it expresses congressional intent that detained aliens 
awaiting processing should not be housed on military installations.
  Madam Speaker, this is a good bill. This is a fair, sensible, and 
reasonable address of the most immediate needs on the border. It also 
puts in place much-needed policy changes that should stop the flow of 
unaccompanied children who are being put at risk during their long, 
dangerous journey through Mexico.
  It is our congressional duty to quickly pass this bill in short 
order. Therefore, I ask all Members to support it, and I reserve the 
balance of my time.

[[Page 13754]]





[[Page 13755]]



[[Page 13756]]


  Mrs. LOWEY. Madam Speaker, I yield myself such time as I may consume, 
and I rise today to oppose this bill that, sadly, falls short in too 
many ways.
  The key Federal agencies tasked with responding to the humanitarian 
crisis on our borders are dangerously close to running out of money. 
These unanticipated costs are affecting the core functions at the 
Department of Homeland Security and Health and Human Services. Although 
the bill includes funding to hire additional immigration judicial teams 
and help set up new repatriation centers in Central America, the 
amounts provided are insufficient.
  The Justice Department and the State Department will not be able to 
handle their duties without significantly more resources. All four 
departments need more funding than this bill provides and fewer 
partisan immigration policy riders than this bill now contains.
  Our majority unwisely included legislative language to make sweeping 
changes to current law related to due process and immigration 
proceedings. Controversial legislation hastily added to an emergency 
supplemental is not the way to address a complicated problem.
  On July 8, the President requested $3.7 billion in emergency funding. 
The bill provides less than $700 million. The President requested 
funding through fiscal year 2015. This bill barely covers the remaining 
weeks in FY 2014, setting this House up to do this all over again in 
September.
  The President's request also sought emergency funding to combat a 
dangerous wildfire season. As of Monday, the Forest Service reported 26 
large uncontained wildfires burning in eight States. As a Member from 
New York, a region devastated by Hurricane Sandy, I am acutely aware 
how important it is for the Federal Government to provide a robust 
response. With the House adjourning today, Federal agencies will be 
left to fight August fires without more funds.
  This bill also fails to provide funding to procure more Iron Dome 
interceptors for Israel as requested. Hamas has used the ongoing crisis 
in Israel and Gaza as an excuse to launch thousands of rockets at 
Israeli cities and towns. The Iron Dome missile defense system has 
proven highly effective at neutralizing the rockets.
  In addition to not funding important priorities, the majority offsets 
the funding that is provided with cuts to other programs. We should 
provide emergency funds in a crisis situation.
  Lastly, I strongly object to the majority's significant policy 
changes to existing law without any hearings or markups. Three-quarters 
of this appropriations bill is straight authorizing legislation. 
Clearly, many factors led these desperate parents to hand off their 
children to complete strangers, with the hope they make their way to 
safety here.
  We ought to consider the complicated policy questions and provide a 
carefully considered solution, yet these policy changes reveal a knee-
jerk response coupled with another bill to deport children who are 
already in the U.S.
  In addition to emergency appropriations, we should consider 
bipartisan comprehensive immigration reform passed by the Senate over 1 
year ago, which could have helped to prevent the current humanitarian 
crisis along our southwest border by increasing border security 
personnel and nearly doubling the number of immigration judges.
  The two measures we will consider today are deeply disappointing. 
Madam Speaker, we should provide sufficient funding to cash-strapped 
agencies quickly and without the baggage of controversial immigration 
policy riders. I regret we will not do that with this bill, and I 
regret even more the consequences of our failure.
  Madam Speaker, I reserve the balance of my time.
  Mr. ROGERS of Kentucky. Madam Speaker, I yield 5 minutes to the 
gentlewoman from Texas (Ms. Granger), the chairman of the Foreign 
Operations Subcommittee on Appropriations, but more importantly, she 
has accepted the responsibility of the Speaker to put together a task 
force to investigate the problem on the border and to recommend 
solutions--and she has, with great success.
  Ms. GRANGER. Thank you, Mr. Chairman, for yielding.
  Madam Speaker, as we speak, unaccompanied minors continue to be sent 
from Central America through drug cartel smuggling networks across 
Mexico and through our southern border.
  Families are being lied to and manipulated by the coyotes. The $6,000 
their families spend to send their children to the United States goes 
into the bank account of the most powerful drug cartels in the world.
  Since October, over 58,000 unaccompanied children have made the 
dangerous journey to the United States, and many more will continue to 
come unless we send a clear message that they will not be allowed to 
stay in the United States.
  I have seen firsthand the crisis that has unfolded at the southern 
border in places like the Rio Grande Valley and south Texas. I have 
seen the women and children sleeping on the floor of a bus station in 
Laredo.
  I have seen motherless infants being cared for by any stranger who is 
around. I have seen the children who are alone in detention facilities 
in McAllen, Texas, and I have seen the 1,200 children who are being 
sheltered at Lackland Air Force Base in San Antonio, and--most 
disturbing of all--I have heard the stories about the most God-awful 
journey anyone should ever have to experience.
  We are here today because we have a responsibility to stop this 
crisis. The President has failed to lead, so I firmly believe this 
Chamber must act. Doing nothing is not an option.
  Since June, when the Speaker asked me to lead a working group to 
provide policy recommendations on what we can do to address the crisis, 
I have been to the Texas-Mexico border twice and led a codel to 
Guatemala and Honduras, to see where the children are coming from and 
why. I will be returning to the border tomorrow for a third time.
  The members of the working group dove headfirst into this issue to 
understand this crisis and provide recommendations for a short-term, 
immediate response. The policies we recommended are not an attempt for 
immigration reform. They are serious solutions to address this crisis.
  I want to take a moment to recognize the hard work of the members of 
the working group who have made policy recommendations to the 
conference and the expertise they brought to the table.
  I want to thank the chairman of the Judiciary Committee, Bob 
Goodlatte; chairman of the Homeland Security Committee, Michael McCaul; 
chairman of the Homeland Security Appropriations Subcommittee, John 
Carter; chairman of the Western Hemisphere Foreign Affairs 
Subcommittee, Matt Salmon; Congressman Steve Pearce from the Financial 
Services Committee; and Mario Diaz-Balart from the Appropriations 
Committee.

                              {time}  1215

  One of our conclusions from the last several weeks is that Congress 
should not provide more resources to the administration without 
changing the policies that have led us to the situation we are in 
today. Administration officials and officials in the Central American 
countries have all said that we have to make changes to the Trafficking 
Victims Protection Reauthorization Act of 2008. A month ago, it 
appeared there was a bipartisan consensus forming on this issue.
  White House Press Secretary Josh Earnest said from the White House 
podium just 3 weeks ago, when discussing changes to the 2008 law, that 
it is ``a priority of this administration, and if you listen to the 
public comments of Democrats and Republicans, it sounds like it's a 
bipartisan priority.''
  I agree, and it is disappointing that the White House has backed down 
from their original statements on how we can immediately address this 
issue.
  We are not asking for a repeal of this law. We are saying we need to 
tweak the 2008 law so that all unaccompanied minors are treated the 
same as Mexican and Canadian children for removal

[[Page 13757]]

purposes. The policy changes included in this bill ensure that children 
receive a prompt hearing within 7 days after they are detained and 
require that a judge rules no later than 72 hours after a hearing.
  Accelerating the hearing times requires more judges. I thank the 
chairman for including the necessary funding to hire 40 temporary 
judges until this crisis is under control.
  For repatriations, we are prioritizing last in-first out. That means 
the last child to go into United States Government custody will be the 
first one we send home. After families have spent between $6,000 and 
$9,000 to send their children here, this will send a strong message to 
the families in the countries of origin that their children will not be 
permitted to stay. This is a message of deterrence.
  I also note that Chairman Rogers has prioritized funding for Central 
American countries to safely and humanely return these children, 
working with these countries as we return their children, as they have 
asked us to do.
  With the surge of children, there has been increased pressure on our 
Customs and Border Protection officials. This supplemental deploys the 
National Guard to assist high-traffic States. This will free up the 
Border Patrol to focus on their mission.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. ROGERS of Kentucky. Madam Speaker, I yield the gentlewoman an 
additional 1 minute.
  Ms. GRANGER. To fully support the Customs and Border Protection's 
mission, we include a provision to allow unfettered access to Federal 
lands. Right now, through a memorandum of understanding, Border Patrol 
officials are only permitted to pursue suspects onto Federal lands. 
They cannot do regular patrols.
  Finally, the supplemental includes a sense of Congress that children 
should not be detained at military bases. While this will not change 
the law, this provision addresses a serious and growing concern for 
Members of Congress, not the least of concerns is that children should 
not be stored on military bases.
  The Congressional Budget Office has given its assessment of policy 
changes in this bill. They have said that, because the legislation 
allows for the children to self-deport, it will lead to immediate 
savings.
  This is a smart, targeted bill that addresses the crisis immediately. 
I urge my colleagues to vote ``yes'' on the supplemental and show the 
American people that we are going to end this crisis.
  Mrs. LOWEY. Madam Speaker, I am pleased to yield 2 minutes to the 
gentlewoman from Connecticut (Ms. DeLauro), the distinguished ranking 
member of the Labor, Health and Human Services Subcommittee on 
Appropriations.
  Ms. DeLAURO. Madam Speaker, I must rise in opposition against this 
irresponsible and insufficient border supplemental.
  For months, Democrats have urged this majority to pass comprehensive 
immigration reform--the bill that was passed on a bipartisan basis in 
the United States Senate--reform that reflects our values and the 
country that we want to be: one with strong enforcement at the border, 
the deportation of dangerous criminals, and a path to citizenship that 
protects workers, helps families reunite, and clears backlogs.
  But this Republican majority has done nothing. They have refused to 
act. My colleague from Texas is right--doing nothing is not an option. 
Now we face a humanitarian crisis on our border that demands an 
immediate response, but the majority's answer is just to send home the 
children who enter our country alone regardless of the violence and the 
imminent danger that they face.
  This bill only includes $197 million for providing shelter and care 
for these refugee children. While these kids are here, we have a moral 
and, yes, we have a legal responsibility to provide for their housing, 
care, and processing in the most cost-effective way possible. This 
insufficient amount will mean that HHS will have to make up the 
difference through high-priced, short-term contracts. That will cost us 
more in the long run, and it could result in cuts to other priorities, 
like education, health, medical research, and job training.
  If Congress tries to make up these shortfalls elsewhere, this is not 
responsible leadership. Our policy, signed into law by President George 
W. Bush, provides for the appropriate screening of those who may be 
victims of trafficking, and that rightly includes unaccompanied 
children. This supplemental appropriation would change this policy and 
would almost certainly result in children being returned to the 
violence that they are desperately trying to escape.
  America can do and should do better. We should help protect those 
kids who are in serious danger, and we should push the leaders of these 
nations to address the root causes of why so many of their citizens are 
fleeing. We should pass comprehensive immigration reform. It is time 
for leadership from this Republican majority.
  Mr. ROGERS of Kentucky. Madam Speaker, I yield 3 minutes to the 
gentleman from Texas (Mr. Carter), the chairman of the Appropriations 
Subcommittee on Homeland Security.
  Mr. CARTER. Thank you, Mr. Chairman.
  Madam Speaker, it is a proven fact that lawlessness breeds 
lawlessness, and, sadly, I believe this assertion sums up the issue 
that is confronting us today.
  Thanks in large part to the President's political decision not to 
enforce our immigration laws, a chaotic situation has erupted into a 
national security crisis and a law enforcement nightmare along the 
border.
  We all know the facts:
  An estimated 90,000 unaccompanied alien children will cross into 
south Texas' Rio Grande Valley by the end of this fiscal year. Another 
145,000 children are estimated to flood the border in fiscal year 2015. 
And these staggering figures do not include the tens of thousands of 
families who will also surge across our border over the same period of 
time.
  As a result of this influx, our brave Border Patrol agents, CBP 
officers, and ICE agents are spending countless hours in caring for 
children rather than focusing on their primary enforcement missions. 
This would be tragic if it weren't so preventable.
  Madam Speaker, we do not have an open border policy in this country, 
and as we tragically learned on 9/11, border security and the integrity 
of our immigration system truly matter to our Nation's security and the 
rule of law. So, today, we offer a strong but initial step to provide 
both the right tools and the right authorities to address and deter 
this seemingly unending influx of illegal aliens.
  Included in this package is $405 million, completely offset by 
recovered funds, for the Department of Homeland Security, funds that 
will enable the CBP and ICE to enforce our laws and apprehend, detain, 
and deport illegal aliens. Perhaps most importantly, this bill fully 
funds the administration's realization that detention is, in fact, a 
necessary deterrent to illegal immigration.
  The President requested funds to fully support the long-mandated 
annual bed capacity--a complete reversal from his budget request in 
which he proposed, instead, to reduce detention beds by nearly 10 
percent. The President has also retracted his policy on the detention 
of families who illegally cross the border. This bill provides funding 
through the end of the fiscal year to support 34,800 detention beds and 
an additional 6,320 family detention beds--a total of over 41,100 
detention beds--to enable the necessary consequence management for 
breaking the law.
  Lastly, this bill includes policy changes to bring reform and parity 
to the adjudication and reparation of these children and to prevent 
these children from being placed with criminals.
  Madam Speaker, we must act and we must act now. Lawlessness has bred 
lawlessness, and we must act to stop it and to secure our borders. I 
urge my colleagues to support this strong bill.

[[Page 13758]]


  Mrs. LOWEY. Madam Speaker, I am pleased to yield 4 minutes to the 
gentleman from North Carolina (Mr. Price), the ranking member of the 
Homeland Security Subcommittee of Appropriations.
  Mr. PRICE of North Carolina. Madam Speaker, I rise in strong 
opposition to this misconceived and under-resourced legislation.
  For a while, it looked like we might do better than this. As the 
ranking member of the Homeland Security Appropriations Subcommittee, I 
was pleased to take part in a delegation to Guatemala and Honduras, 
ably led by Chairman Kay Granger. But as successive versions of the 
Republican bill have surfaced over the past 2 weeks, in an apparent 
quest for votes only among Republicans, they have reflected less and 
less of what we learned on that trip.
  The bill under consideration provides less than $1 billion for the 
Departments of Homeland Security, Health and Human Services, Justice, 
and State--far below the President's request, what is being considered 
by the Senate, or what is required to deal with the crisis on our 
borders and beyond.
  The bill only provides funding for anticipated needs for the 
remainder of this fiscal year, a mere 2 months. I would object to that 
less if the majority had any plans for actually completing our 
appropriations bills before the end of September, but we all know that 
they do not. Indeed, it appears unlikely that our Homeland Security 
Appropriations bill will make it to the House floor.
  The approach taken in this legislation shows a fundamental 
misunderstanding of the issue before us. This isn't a border security 
crisis. This is a humanitarian crisis. We don't need to deploy the 
National Guard or surge our border capacity, because we are not failing 
to catch individuals as they cross. In fact, these young people are 
turning themselves in!
  Now, we do have some agreement on the need to expedite the 
consideration of the claims of these minors for asylum or other forms 
of relief. But at $12.9 million, the House bill falls far short of even 
the administration's modest request for more immigration judges.
  Instead of focusing on this area of agreement, the majority relies 
upon a questionable and controversial rewriting of the Wilberforce law, 
enacted in 2008 to deal with child trafficking. My own view is that the 
Cuellar-Cornyn proposal incorporated in the bill both fails to address 
deficiencies in our present screening of Mexican youths for signs of 
torture or fear of persecution, and risks transferring these 
deficiencies to the treatment of Central American children. In any 
event, it is not wise to complicate or delay the consideration of this 
emergency supplemental request with an authorization bill that surely 
requires more deliberation.
  Madam Speaker, there have been some recent signs of progress down at 
the border. Over the past few weeks, the average daily apprehensions of 
unaccompanied children have dropped from 400 to well under 200. That 
doesn't mean the crisis is over. We can easily see another spike in 
apprehensions in the coming weeks.
  We need a bill that both provides resources and reflects our values. 
Faith leaders of all traditions across the country are calling on 
Congress to provide the social and health services these children 
desperately need.
  Perhaps the greatest failing of this legislation is that it fails to 
move us toward any viable, long-term strategy to address the causes of 
the current crisis. Beyond any funding we appropriate to help manage 
the flow of unaccompanied children or families over the next several 
months, we are setting ourselves up for similar crises in the future if 
we aren't willing to invest in a long-term strategy to help Honduras, 
Guatemala, and El Salvador--the three countries that are the source of 
the vast majority of unaccompanied minors--to stabilize their 
economies, to modernize their institutions, to reduce the levels of 
violence and the grip of the drug cartels and street gangs.

                              {time}  1230

  Madam Speaker, I fear that the bill before us fails to address either 
short-term or long-term needs, and much of what it does contain is 
irrelevant to the current crisis.
  Madam Speaker, I urge a ``no'' vote.
  Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the 
gentleman from Texas (Mr. McCaul), who chairs the Homeland Security 
Committee of the House.
  Mr. McCAUL. Madam Speaker, let me thank the chairman of the 
Appropriations Committee for his hard work and Chairwoman Kay Granger 
for heading up this task force that I was honored to be a part of.
  As the chairman of the Homeland Security Committee and a former 
Federal prosecutor who has dealt with the border for many years, I have 
never seen a crisis quite like this one. This crisis demands action. It 
demands leadership, and it demands a solution to the problem.
  Since the President enacted DACA in 2012, we have seen 60,000 
unaccompanied children cross into the border, in the Rio Grande Valley 
sector of Texas alone, 250 per day.
  We went down there to see these children. These children are the 
victims caught between the administration's policies and the coyotes 
and the traffickers who exploit them and make money, between $5,000 to 
$10,000 apiece.
  Madam Speaker, this bill fixes that crisis. First and foremost, this 
changes the 2008 trafficking law as a message of deterrence. This 
crisis will not stop until we start sending them back, and all this 
does is it treats Central Americans the same way we treat Mexicans. It 
will provide for swift removal in a humane way back to their countries 
of origin.
  It is unfortunate that the administration, while initially 
supportive, has now flip-flopped on that issue.
  It also provides for the detention, removal, and repatriation of 
these children.
  For me and my home State of Texas, importantly, it calls for the 
deployment of the National Guard to the southwest border to secure our 
border. My Governor, Governor Perry, has already activated the National 
Guard. But it is the Federal Government's responsibility, under the 
Constitution, to pick up that price tag, and that is precisely what 
this bill does.
  Finally, Madam Speaker, I think, importantly, it directs the Southern 
Command, our military, to help secure the border between Guatemala and 
Mexico, which I believe, and I know the chairman of Appropriations as 
well believes, is a key to stopping the flow out of Central America.
  Madam Speaker, the time to act is now.
  Mrs. LOWEY. Madam Speaker, I am pleased to yield 2 minutes to the 
gentlewoman from California (Ms. Roybal-Allard), a member of both the 
Labor, Health and Human Services, and the Homeland Security 
Subcommittees.
  Ms. ROYBAL-ALLARD. Madam Speaker, 2 weeks ago, I visited the border 
and saw small children held in tiny cells and forced to sleep on cold 
concrete floors and benches. The treatment of these vulnerable kids, 
many of whom fled their homes to escape extreme violence, shocked me as 
a mother and as an American.
  Unfortunately, this bill contains only 11 percent of the resources 
the President requested for the Department of Health and Human 
Services. This paltry amount will only make conditions worse for these 
vulnerable children by limiting the Department's bedspace capacity and 
exacerbating delays in transferring children away from the overcrowded 
Border Patrol stations into the more suitable conditions of HHS.
  Unfortunately, insufficient funding isn't the only flaw in this bill. 
By treating all children the same, the majority means taking away 
protections and treating Central American children like Mexican and 
Canadian children who have limited protection under current law.
  This legislation sadly undercuts the current critical humanitarian 
and due process protections for these desperate children seeking safe 
haven from the horrors of violence in their country.

[[Page 13759]]

  Without due process, many of these children who would qualify for 
protection under our laws will be returned straight into the arms of 
the traffickers or their impoverished violent neighborhoods. That is 
why, national antitrafficking organizations like the Alliance to End 
Slavery and Trafficking strongly oppose this bill.
  Madam Speaker, the Republican supplemental is an irresponsible and 
inadequate bill that does little to protect our borders or address the 
humanitarian crisis facing our Nation. The bill is a senseless and 
deeply flawed political ploy that my Republican colleagues know will be 
rejected by the Senate.
  Instead of playing political games, let us act in the best interests 
of our country and these kids by passing a bill that upholds our 
American values, honors our heritage as a nation of immigrants, 
protects our borders, and fully addresses the causes and consequences 
of the humanitarian crisis on our border.
  Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the 
gentleman from Pennsylvania (Mr. Dent), a member of our committee.
  Mr. DENT. Madam Speaker, I rise in very strong support of this border 
security legislation presented to us today, for a number of reasons.
  It does provide for humanitarian assistance. This legislation does 
deal with this issue in a compassionate, thoughtful way to deal with 
the unaccompanied children. It secures the border, provides for funding 
for the National Guard, and it does many other things, too, in terms of 
policy changes that would treat these children just as we would treat 
unaccompanied children who cross the border from Canada or Mexico. It 
is the right policy for a whole host of reasons.
  Just last week, Congressmen Gerlach, Meehan, and I visited an Office 
of Refugee Resettlement program in Womelsdorf, Berks County in 
Pennsylvania, and those children are treated compassionately.
  But let me tell you what will happen if we do nothing here today. The 
children who are coming into my district in Womelsdorf, and also in 
Allentown, where I will be visiting a center tomorrow, these children 
will, in fact, keep coming into our communities and they will be 
treated humanely. Then they will be resettled and reunited with parents 
or family members who are already in the United States and, in most 
cases, here unlawfully.
  That is what doing nothing means. The children will keep coming. They 
will be resettled throughout the country, and they will basically 
reside somewhere within the interior of this country. That is what 
doing nothing means. It would be reckless and irresponsible for the 
House to walk out of here today without addressing this border and 
humanitarian crisis.
  This bill is the right thing to do. It secures the border, provides 
humanitarian assistance, and it makes the necessary policy changes to 
stop this flow of children.
  This is a tragedy that these children are leaving their countries in 
this way. I can't imagine the desperation these families must feel, 
that they would let their children travel with somebody unaccompanied, 
drug dealers and cartels and human smugglers, coyotes. It is 
unthinkable. We need to make sure this stops. Many children aren't 
making it along the way.
  I met with a 5-year-old girl who told me her horrible story, and I 
shudder to think of the children who didn't make it.
  That is why we need to act today. It is the right thing to do, it is 
the compassionate thing to do, and it is in keeping with our American 
tradition.
  Mrs. LOWEY. Madam Speaker, I am pleased to yield 2 minutes to the 
gentleman from Maryland (Mr. Hoyer), the minority whip of the House.
  Mr. HOYER. I thank the gentlelady for yielding.
  Madam Speaker, I was going to ask my friend from Pennsylvania whether 
he had talked to the Senate and thinks this has any chance of moving 
this week; and the answer I think I would give is no, it does not. So I 
agree with him. It would be tragic not to act.
  It is tragic that we are acting in a partisan fashion, which almost 
ensures inaction on this, the last day that we are going to be here. We 
should be acting in a bipartisan fashion, as I have urged the majority 
leader to do.
  What is a bipartisan fashion?
  A, considering the emergency need today and funding the resources 
necessary to respond to that; B, taking under consideration the 
substantive legislative changes that can be affected that will help 
this issue, will send the messages that the gentleman wants to send.
  He is my dear friend and a good Member of this body, but I will tell 
you, this bill has had no hearings, no committee consideration. Yes, 
there was a partisan task force, but this has had no consideration in 
this legislative process.
  The majority leader, last week told me that there would be no bill 
that did not get 72 hours' notice. The gentleman knows you have a bill 
on the floor, which is contingent, of course, on the passage of this, 
which has had a few hours' notice, at best. Last night, I think at 10 
o'clock the Rules Committee met on DACA.
  So I will tell my friend that, had we acted in a bipartisan fashion, 
A, at whatever level of funding we could agree, pass a bill to meet the 
immediate crisis, B, have hearings on the ramifications of the law that 
passed with only two votes in opposition--over 405 Members voted for 
the 2008 legislation. We are changing that without a hearing either in 
subcommittee, committee, or full committee. That is not the way we 
ought to be working. That is not good for our country. It is not good 
for this institution. It is not fair.
  I would urge my colleagues to defeat this legislation.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mrs. LOWEY. I yield the gentleman an additional minute.
  Mr. HOYER. I believe, once again, we find the Republican Party 
divided. Because they are divided, they are trying to cobble together 
some of their hardest-line Members so that they can get them to vote 
for this supplemental.
  And they put on a bill which has had no notice to the American people 
or to Members of Congress. It is ironic that people are supporting this 
who demanded that we read the bills. There was no bill to read until 
this morning.
  How sad for the American people. We have a humanitarian crisis that 
must be addressed without delay, and the way to address it without 
delay is to give the resources necessary and then pursue the 
legislative process, not together. It will slow it down, and I predict 
it will not pass the Senate. I think the gentlemen and ladies on this 
side of the aisle know that the Senate is not going to pass this bill.
  So if you really think we ought to act now, do so in a bipartisan 
fashion, and then let us debate the legislation before us.
  Mr. McCaul just said this is a real crisis. He just said it just 
minutes ago, Mr. McCaul, the chairman of the committee. This is a real 
crisis which demands action. The recommendation that has been made to 
us will undermine action by this body in the face of crisis. We should 
not pass this legislation. We ought to pass a very simple resource to 
the crisis now and legislation later.
  I urge my colleagues to vote ``no.''
  Mr. ROGERS of Kentucky. Madam Speaker, I don't know where the 
gentleman gets his information, but this bill was filed Tuesday.
  You have had since Tuesday morning to study this bill, and that is 
the appropriate--under our rules, that is the appropriate time.
  Mr. HOYER. Will the gentleman yield?
  Mr. ROGERS of Kentucky. I yield to the gentleman from Maryland.
  Mr. HOYER. As I understand it, the DACA legislation is dependent upon 
this legislation. That was not filed 72 hours ago.
  Mr. ROGERS of Kentucky. That is not this bill. Reclaiming my time, 
this bill has been available to you since Tuesday.
  Madam Speaker, may I inquire of the time we have remaining.
  The SPEAKER pro tempore. The gentleman from Kentucky has 10\1/2\ 
minutes remaining, and the gentlewoman

[[Page 13760]]

from New York has 14 minutes remaining.
  Mr. ROGERS of Kentucky. Madam Speaker, I reserve the balance of my 
time.
  Mrs. LOWEY. Madam Speaker, I am pleased to yield 2 minutes to the 
distinguished gentleman from Pennsylvania (Mr. Fattah), the ranking 
member of the Commerce, Justice, and Science Subcommittee.
  Mr. FATTAH. Madam Speaker, we are here because the President of the 
United States has requested an emergency supplemental appropriations of 
about $3.7 billion. The Senate has acted in the range of about $2.7 
billion. The House now comes in at one-sixth of the request to deal 
with this crisis. It ignores the wildfires in the West, the challenges 
that relate to other parts of the bill that were presented by the 
administration, and it says we are acting responsibly.
  I rise in opposition to the bill. I understand what the majority is 
offering, and I think it has been stated pretty clearly.
  I believe, if we have children who are presented to us without 
adults--who have been the victims of trafficking, which is what the 
majority has said, they have been trafficked by cartels and paid 
criminal enterprises to bring them to our border; the majority says 
some of them have been sexually abused and mistreated in other ways--I 
don't believe that our response should be to close the door.

                              {time}  1245

  So as we think about our responsibilities as the United States of 
America, a Nation that had 12 million people without documents when the 
President was sworn into office--50,000 children, just like the 5-year-
old girl that my colleague said he met and talked to--the idea that our 
moral responsibility is to say to her, ``You go back to where you came 
from,'' I don't believe that that is what we should be doing.
  So I reject this--not because of the numbers or the other things. I 
think this is morally deficient, that our great country would say, as 
we demand other countries around the world take in refugees who are 
facing dangerous circumstances, that what our answer is, No, not here. 
Not in our backyard.
  Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the 
gentleman from Virginia (Mr. Goodlatte), the chairman of the House 
Judiciary Committee.
  Mr. GOODLATTE. I thank the gentleman from Kentucky for his leadership 
on this issue.
  Madam Speaker, I urge my colleagues to support H.R. 5230. There is a 
crisis at our border. It is a crisis, a disaster of the President's own 
making.
  The Obama administration's lax immigration enforcement policies have 
given confidence to parents who are in the U.S. illegally that they can 
stay, and now they are finding ways to bring their children, who are 
still in Central America and beyond, to the United States unlawfully.
  Although President Obama has many tools at his disposal to stop this 
surge at the border, he refuses to use them, and instead proposes to 
make the situation worse by taking more unilateral actions to stop the 
enforcement of our immigration laws.
  It is ultimately up to President Obama to end this crisis by 
reversing his policies that created it. However, since he refuses to do 
so, we have to act to the extent we can to provide narrow and targeted 
funding to meet the immediate needs of our law enforcement agencies at 
the southern border. We have to enable them to do their job, to secure 
our border, and enforce our immigration laws. And we should act to 
provide narrow tweaks to the 2008 law regarding the removal of 
unaccompanied alien minors.
  Because of the President's inaction, we are taking the responsible 
step today of passing these narrow fixes that will help the American 
people avoid billions of dollars in additional costs due to the 
President not trying to solve this problem but asking for more money to 
continue to resettle thousands and thousands, tens of thousands of 
people into the interior of our country.
  While the bill is not perfect, it does give law enforcement many 
tools they have requested. For example, while I was in the Rio Grande 
area earlier this month, Border Patrol agents cited administration-
created restrictions that bar them access to Federal land as a 
significant stumbling block to securing the border. One of the most 
important provisions of this bill gives Border Patrol agents access to 
Federal lands so they can stop drug traffickers, human smugglers, and 
unlawful immigrants from exploiting these gaps along the border.
  Since the President isn't taking serious action to address the crisis 
at the border, the House is doing so today, and I urge my colleagues to 
support this bill.
  Mrs. LOWEY. Madam Speaker, I am pleased to yield 2 minutes to the 
distinguished gentleman from California (Mr. Becerra), the chair of the 
House Democratic Caucus.
  Mr. BECERRA. I thank the ranking member for yielding.
  Madam Speaker, I agree with those who have said that doing nothing is 
not an option. But making matters worse should not be an option either. 
Stripping children of the chance to establish their credible fear of 
death or endangerment is a crude and cold way of dispensing justice in 
America. That is not the American way.
  This bill is a patch, not a solution. It lasts 2 months. So we will 
be right back here, trying to solve this challenge again, in September. 
Governing and budgeting in pieces is what leads to government 
shutdowns. That is not the American way.
  This bill robs Peter to give to Paul. How does this bill fund the 
money to pay for the border work that has to get done? First, it strips 
emergency funding to tackle devastating wildfires that the President 
has requested because the States have requested it. Second, it takes 
$407 million from the Federal Emergency Management Agency's disaster 
relief fund, money which would be used to help people who have been 
devastated by wildfires and other natural disasters.
  Madam Speaker, if we had passed immigration reform a year ago with 
the bill that passed the Senate on a bipartisan basis--which on this 
floor, we have been denied a vote on for more than 380 days--we would 
not be looking at a crisis on the border the way we are today. But that 
is the difficulty we have.
  When you don't fix the broken immigration system, this is what you 
encounter. And these piecemeal approaches aren't going to solve 
anything. We are going to be right back at it in September. That is not 
the American way. We provide justice to people. We make sure we 
dispense it the way we should, and we take care of our emergencies.
  Let's get this done the right way. Let's do two things: let's give 
the emergency funding that the people need at the border to run this 
process right, and then let's finally on the floor of this House have a 
vote to fix a broken immigration system.
  Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the 
gentleman from Arizona (Mr. Salmon), a member of the Speaker's task 
force that investigated the border problem.
  Mr. SALMON. Madam Speaker, I rise in strong support of the Secure the 
Southwest Border Act of 2014.
  This kind of came to light a few months ago when The Arizona Republic 
published a story that these families were being dropped at bus 
stations in Tucson and Phoenix. Then it highlighted the current 
administration's catch-and-release policies that are encouraging 
literally swarms of people to come across the 1,500-mile desert of 
Mexico into the United States, risking life, risking their happiness.
  And the fact is, we can't keep doing nothing. This bill will stop 
these waves and waves of people from coming across our border.
  As we went over to Guatemala and we went to Honduras and we talked 
with our State Department folks, that is exactly what they said: You 
have got to make it clear that we move from a catch-and-release policy 
to a detain-and-deport policy. And that is what this bill does. If we 
want to send a

[[Page 13761]]

strong message to people that that $5,000 to $8,000 that they are 
paying to these thugs that are transporting across the border and 
hurting these young boys and girls along the way and then holding them 
for extra money, extorting their parents, that if we want to stop this 
from happening and stop the pain that is going on with these children, 
then the best thing that we can do is to send a clear message that in 
America, there are no permisos--permits, permissions; if you make that 
journey, you are going to be sent back to your country. That is the 
only thing that is going to make it happen.
  Now, our liberal friends, they want to just throw more money at the 
problem and perpetuate the problem. They want it to keep happening. I 
say that is not compassionate. I say continuing that pain and that harm 
to these children is not a good thing to do, and the way to stop it is 
to send a clear message.
  We have got folks on my side of the aisle that have problems with the 
bill. What do they have a problem with? Nothing inside the bill. Not 
putting the National Guard on the border, not stopping the catch-and-
release programs, and not giving unfettered access to our Border 
Patrol. They can't come up with a good reason to vote against it. They 
are playing right into Harry Reid's hands.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. ROGERS of Kentucky. I yield the gentleman an additional 1 minute.
  Will the gentleman from Arizona yield?
  Mr. SALMON. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Do you understand that the experts have told 
us that if we do nothing, if we don't change the law, that another 
145,000 people will be with us next year alone? Is that not correct?
  Mr. SALMON. That is what I understand.
  I also understand that conservative estimates indicate it is going to 
cost $2.6 billion a year to care for just half of the nearly 60,000 
that are already here. We are talking about billions and billions of 
dollars, not to mention the fact that these children are being sexually 
molested along the way, that they are being killed along the way, that 
they are being sold into slavery, and we can stop it.
  Mr. ROGERS of Kentucky. Just focusing on the money part of this, the 
gentleman from Arizona is saying, if we don't change the law, we can 
expect to pay another few billion dollars a year----
  Mr. SALMON. Just to care for those kids.
  Mr. ROGERS of Kentucky. To care for that continuing stream of people 
coming across?
  Mr. SALMON. Right.
  And, Mr. Chairman, I can't understand how any conservative in good 
conscience would not want to stop that hemorrhage and make sure that we 
are not spending those billions of dollars that should be going to pay 
down our Federal debt.
  Mr. ROGERS of Kentucky. Well, I would think that not only 
conservatives would like it, but that everybody would like that kind of 
savings.
  Mr. SALMON. I think so too.
  Mrs. LOWEY. Madam Speaker, I would just like to say to the 
distinguished chairman, I would have liked to have heard from these 
experts in hearings. Unfortunately, the majority has not had hearings, 
and we are bringing this bill to the floor without any hearings, 
without any witnesses, and without any information.
  Mr. ROGERS of Kentucky. Will the gentlewoman briefly yield on that 
point?
  Mrs. LOWEY. I would be delighted to yield to the gentleman from 
Kentucky, if I have the time.
  Mr. ROGERS of Kentucky. The 145,000 additional people coming across 
the border, that number came from the Department of Homeland Security. 
So those are governmental estimates, if we do nothing on the law 
change.
  I thank the gentlewoman for yielding.
  Mrs. LOWEY. Madam Speaker, I would also like to say to our 
distinguished chairman that it would have been helpful in having an 
analysis of the current statistics and the future prospects at 
hearings. But we are bringing this bill to the floor. The majority is 
bringing this bill to the floor without any hearings, without any 
discussion. This is really not the way to pass important legislation.
  And, again, we had a bill. We could have had comprehensive 
immigration reform that passed the Senate in a bipartisan way.
  I am now pleased to yield 1 minute to the gentlewoman from California 
(Ms. Pelosi).
  Ms. PELOSI. Madam Speaker, I thank the gentlewoman for yielding, the 
ranking member on the Appropriations Committee, who, from day one of 
knowing about this challenge that we have with the children at the 
border, has reacted in a very wise, humanitarian--yes--and practical 
way as to what the best way is to address the challenge, honor the 
values of our country, and save the children.
  I was interested in the back and forth between the distinguished 
chairman of the Appropriations Committee, Mr. Rogers, and our ranking 
member on the subject of the change in the law that is in the 
legislative language that is in this supplemental, because I agree with 
our distinguished whip, Mr. Hoyer, and other who have said: There are 
two things happening here. We need to address the humanitarian 
challenge. We need resources to do that for particular purposes. And we 
should do that in the supplemental.
  Another is to change the law, which we shouldn't do in a 
supplemental. It is legislating on an appropriations bill in a manner 
in which all kinds of statements can be made which may be anecdotally 
significant but not significant in terms of the difference that they 
make, a difference enough to change the law.
  So when people talk about witnesses in one context or another, just 
saying something on the floor of the House, it is interesting. But 
there should be hearings. If we are going to change the law, there 
should be hearings where testimony can come forth, be challenged, 
confirmed, whatever it may be. But a serious discussion worthy of the 
country that we are, worthy of the Congress that passed the Wilberforce 
law, which was a very bipartisan initiative. And I salute my Republican 
colleagues who played such an important role in passing the bill. And 
that bill directed agencies of government to incorporate 
antitrafficking and protection measures for vulnerable populations, 
particularly women and children, into either post-conflict or 
humanitarian emergency assistance and program activities, according to 
the law.
  There was a purpose for the law. But with a phrase in an 
appropriations bill, we want to undermine that purpose. That is not 
necessary to do here. Why does this belong in a bill where we are 
allocating resources to meet a humanitarian challenge that we have?
  Now let's get to what is in the actual supplemental.

                              {time}  1300

  I had hoped that we could work in a bipartisan way, and I thought 
that is the path we were on. The Republican majority wanted to decrease 
the amount of resources and the amount of time--well, that is 
commensurate, if it is a lower amount of money and a shorter period of 
time, that is okay, but when you change what that money is for, then 
you are doing a disservice to the entire issue.
  Instead of providing adequate resources to meet the humanitarian 
needs--the immediate humanitarian needs--largely of these children, 
that is just totally inadequate in this legislation, in terms of its 
proportionality in the bill, whether it fails to provide any resources 
for legal assistance to these children to plead their case.
  They may have a legitimate cause for asylum--refugee status to come 
into the United States or not, but they should be represented, and they 
should be represented in a way that repatriates them back to their home 
country, if they do not qualify in a way that is safe. This legislation 
does not do that.
  The American people are fair-minded, they are wise, they are 
practical, and they want to help, but they want to do so in a way that 
is fair to everyone involved. They want to feed the

[[Page 13762]]

children. There are not enough resources here to do that with the 
humanitarian side. They want us to honor who we are with due process 
for these children. This legislation does not do that.
  They want to have judges to quickly facilitate giving these people a 
hearing, in addition to the representation that they should have due 
process. The bill does not. It tramples due process to rush terrified 
children back to the violence of their home countries.
  That is not who we are as a country, and it also poses a particular 
danger to children victims of gang violence and human trafficking, 
which takes us right back to the Wilberforce bill--human trafficking. 
It is a global crisis. It is happening at our border.
  We have a bill to stop it. This legislation on the floor today 
weakens that and then, in a manner of distribution of funds and paucity 
of funds, does not address the challenge. It takes us backward. It is 
hard to understand.
  Now, what we should be talking about, what Mr. Tierney suggested, how 
do we help communities that are receiving these children into their 
communities and our country? Again, how do we help? This bill hurts.
  Madam Speaker, in addition to this--I guess the way you were able to 
get the votes for this bill--which is even opposed by people who are 
anti-immigration because it is not bad enough--was that you had to 
sweeten the pie by having a followup bill that would only be taken up 
if enough of your Members agreed to vote for this bad bill, and that 
again does not address who we are as a country.
  We are a great country because we are a good country. Others have 
said that as long ago as 200 years ago or longer, so let us be good and 
let us be great, and let us do something that really was closer to what 
the Republicans were talking about earlier in this discussion. It seems 
that in order to get more votes, you had to make the bill worse; the 
worse the bill, the more votes on the Republican side.
  No, let's find common ground in the middle, where we can get the most 
votes to do the best possible job that we can do. It may not be every 
good thing we would ideally like to do, but it is a reasonable place to 
go forward to honor what the national Catholic Conference of Bishops 
have talked about, where all the people of faith are urging us to do 
here in the Congress and the United States, and that is to honestly 
respect the dignity and worth of all of these children, all of them 
children of God.
  I get mocked for quoting what the bishops have said because it is so 
generous to the children, but let's give the children a fair shot. 
Let's do better than this, and you know that this bill isn't going 
anywhere, so once again, it is a waste of time. It is not a statement 
of values. It is a statement of meanness.
  The Republican bills responding to the humanitarian crisis at the 
southern border are the latest evidence of their breathtaking 
extremism.
  The Republican proposal is unjust, inhumane and abhorrent to our 
values as a nation. Their supplemental:
  Fails to provide any resources for legal aid to children with 
legitimate asylum claims;
  Does not authorize enough judges to adjudicate extensive case 
backlog;
  Tramples due process to rush terrified children back to the violence 
of their home countries; and
  Poses a particular danger to child victims of gang violence and human 
trafficking.
  To coax their party into voting for even that much, Republicans are 
also teeing-up a vote to bar any adjustment or expansion of DACA.
  No additional relief for children and students;
  No relief for parents of DREAMers;
  No relief for parents of young U.S. citizens; and
  Certainty that we will continue to tear apart immigrant families.
  It is appalling that Republicans' price for doing next-to-nothing for 
vulnerable children is the opportunity to vote against the young 
immigrants who want nothing more than a future in the only country they 
have ever known.
  We should be acting on comprehensive immigration reform, but this 
Republican Congress is allergic to meaningful solutions.
  Mr. ROGERS of Kentucky. Madam Speaker, may I inquire of the time 
remaining?
  The SPEAKER pro tempore. The gentleman from Kentucky has 5\1/2\ 
minutes remaining. The gentlewoman from New York has 8 minutes 
remaining.
  Mr. ROGERS of Kentucky. Madam Speaker, I reserve the balance of my 
time.
  Mrs. LOWEY. Madam Speaker, I am pleased to yield 3 minutes to the 
gentleman from California (Mr. Farr), the ranking member of the 
Agriculture Subcommittee of the Appropriations Committee.
  Mr. FARR. Thank you, Madam Ranking Chair, for yielding.
  I rise, Madam Speaker, on this bill with great concern. I am bringing 
a lot of passion to this debate because I lived in the barrios like the 
ones the children are coming from when I was a Peace Corps volunteer in 
Latin America, very violent barrios.
  Look, this is not a border crisis. It is not a border security issue. 
This is a humanitarian crisis, and it is caused by problems on both 
sides of the border. Our country has a lot at fault here because we 
have not addressed comprehensive immigration reform, which means we 
have 11 million people living in the United States undocumented.
  They are essentially incarcerated in this country. They are not 
allowed to go home because the minute they go home and try to get back 
to the United States, they get arrested, and they are not allowed to 
ever return, or they are barred for 10 years from returning.
  So what happens, Madam Speaker? They have been living here for years 
and years. They have children that they left because there were job 
opportunities here, and those children are now living in places that 
are really dangerous, and all of a sudden, yeah, things have changed. 
They have got to get out.
  These countries are ranked number one, four, and five of the highest 
murder rates in the world. They leave them because there are real, 
serious humanitarian crises. They are showing up on our border. They 
are not sneaking across the border.
  There is nobody having to go out there for these kids trying to sneak 
in. They are throwing themselves--help me, help me find my relative, my 
dad, my parent, my mom--in this country.
  What does this bill do? It doesn't address the humanitarian problems 
at either end. It hires more cops and puts military in there, National 
Guardsmen.
  Now, if that is such a great idea, why is California--with probably 
the busiest border in the world with Mexico--not putting its National 
Guard down there? Our Governors and our mayors don't think it is 
necessary.
  Madam Speaker, why are we putting more money in for National Guard? 
We don't need the National Guard. We need Red Cross--it is a 
humanitarian crisis--Red Cross. No, we are putting more and more money 
for arms and more money for military and cops. I don't think that is 
the right answer.
  We are also doing something really dumb. We are stripping a law now 
that says when we give money to these countries--by the way, before you 
spend this money on your cops and on your military, you have got to vet 
them. We have a human rights standard. This bill throws that out.
  You don't have to do that now. We are going to give you $40 million 
of American taxpayer money, and you don't have to do anything to abide 
by human rights. Now, that is really dumb, and I don't think American 
taxpayers want their money spent that way.
  Madam Speaker, I am going to call upon my colleagues here not to come 
down here and think of themselves in a partisan way or an election year 
way, but come to this floor when you have to vote on this bill and 
think of yourself as a parent, as a neighbor.
  A kid has knocked on your door, and you go to the door and say: Oh, 
my God he is crying, or she is crying. You say: What happened? They 
say: In my house, they are raping people and killing people, and I am 
running away. This bill says: Oh, what is your address? I will take you 
home.
  Don't vote for it.
  Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the 
gentleman from Texas (Mr. Cuellar).

[[Page 13763]]


  Mr. CUELLAR. Madam Speaker, I support full comprehensive immigration 
reform, but today's vote on this supplemental appropriation bill is to 
provide funding to ICE, Border Patrol, and other agencies to deal with 
the humanitarian crisis on the border, an area that I represent, an 
area where I live, an area where 42,000 out of the 58,000 unaccompanied 
kids have crossed.
  The policy change in this bill is to get rid of a loophole in the 
2008 law that the smugglers in Central America and Mexico have taken 
advantage of. All due process and legal protections are left intact 
under this proposed bill.
  You will see under a CRS report that compares the current law to 
today's bill, you will see that the same due process and the same legal 
protections are left intact. In fact, I respectfully ask my colleagues 
in opposition to show me specifically where there is due process and 
legal protection that is taken away out of the bill. I yet have heard 
where it does this.
  Madam Speaker, I have also asked my colleagues in opposition 
respectfully to sit down with me and offer their alternative solution 
or their legislative proposal to this border crisis and have yet to 
hear those solutions.
  In this appropriation bill, we have to provide the funding to the 
Federal agencies to provide an early border, but we can no longer 
afford to play defense on the 1-yard line called the U.S.-Mexico 
border. We need to play defense on the 20-yard line, and this is why 
working with the Central American countries and working with Mexico to 
address the core issues and to fix and to fight these smugglers is 
vital.
  I want to thank the men and women on the border that have defended 
our homeland, and I want to thank the border communities, the churches, 
and the nonprofits that have done so much to help these folks at the 
border. In fact, I want to thank the chairman for allowing a provision 
for the border communities to seek reimbursement for the allowable 
expenses under this bill.
  We cannot leave Washington today without putting the resources and 
the policy change to address the border crisis. We are sent here to 
address not the easy problems, but to address the hard problems.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. ROGERS of Kentucky. I yield the gentleman an additional 1 minute.
  Mr. CUELLAR. I thank the Chairman.
  Madam Speaker, we are sent here to Washington not to address the easy 
problems, but to address the difficult problems that this Nation is 
facing. When President John F. Kennedy was faced with a very difficult 
crisis, he said:

       I am not looking for a Republican answer or for a 
     Democratic answer. I am looking for the right answer.

  I think today, in a bipartisan way, we need to look for that right 
answer. I urge ``yes'' on this supplemental appropriation bill.
  Mrs. LOWEY. Madam Speaker, I am pleased to yield 2 minutes to the 
gentlewoman from California (Ms. Lee), a member of the Labor, Health, 
and Human Services; and Foreign Operations Subcommittees.
  Ms. LEE of California. Let me thank our ranking member on 
Appropriations, Mrs. Lowey, for yielding and for her steadfast 
leadership.
  Madam Speaker, I rise in strong opposition to this woefully 
inadequate Republican response to the humanitarian crisis along our 
border. Let me start by saying that as an appropriator, I am very 
troubled by the shamefully inadequate funding levels and misguided 
offsets in this bill.
  I am also deeply concerned by the dangerous policy riders that strip 
protections for vulnerable children--protections signed into law by a 
Republican President, mind you.
  Let's be clear. This crisis has nothing to do with the lack of 
funding for immigration enforcement. We don't do anything to help these 
children by pouring tax dollars into the further militarization of our 
border, and that is exactly what this bill does.
  Madam Speaker, our response needs to put children first. In a hearing 
by the Congressional Progressive Caucus this week, we heard firsthand 
from Central American children who had fled violence in their home 
countries and who had passed through our broken detention system.
  These children and thousands like them risk their lives on their way 
to this country. Some had witnessed murders and gang violence in their 
home countries and suffered freezing conditions and inadequate 
nutrition while in detention in the United States.
  These stories were chilling and made clear where we need to direct 
our resources: humane care, access to due process, and support to end 
the violence and poverty plaguing Honduras, El Salvador, and Guatemala.
  Now, no one disagrees with protecting our borders, but come on, we 
also have a duty to protect these children who, according to the United 
Nations High Commission on Refugees, 60 percent of whom were 
interviewed, these children need international protection.
  My home district makes up Alameda County, where over 200 of these 
children have been reunited with their families locally. Their stories 
are real, and their stories are very, very powerful, so I urge a ``no'' 
vote.
  Let's guarantee due process for these children who are fleeing 
violence. Let's have a heart.
  Mr. ROGERS of Kentucky. May I inquire of the gentlewoman from New 
York if she has further speakers? I am prepared to close. If the 
gentlewoman has one additional speaker, then I reserve the balance of 
my time.

                              {time}  1315

  Mrs. LOWEY. Madam Speaker, I yield myself such time as I may consume 
because before I turn to my colleague, the gentlewoman from California 
(Ms. Lofgren), the ranking member, an expert on immigration on the 
Judiciary Committee, I just want to make one statement again.
  The Senate, after months of hearings, passed a bipartisan 
comprehensive immigration reform bill. It is really very sad that today 
we can't get together, Democrats and Republicans, and review the work 
that had been done by the Senate and pass a comprehensive immigration 
reform bill that would have prevented the emergency that we are trying 
to address today. The majority of the bill that is included in the 
supplemental should have been done through a thoughtful committee 
process.
  Madam Speaker, I am pleased to yield the balance of my time to the 
gentlewoman from California (Ms. Lofgren), a member of the Judiciary 
Committee Subcommittee on Immigration.
  Ms. LOFGREN. Madam Speaker, the U.S. Conference of Catholic Bishops 
tells us this bill would result in the U.S. sending children who have 
relief available to them back to the conditions they fled, and will 
result in many children being harmed and some being killed on their 
return.
  I join the bishops in opposing this bill.
  With this bill, children who have been trafficked, who have fled 
persecution, violence, and abuse, will be stripped of protections that 
have existed for years.
  Our laws provide that victims of persecution and torture must have a 
meaningful opportunity to request safe haven. We need not prejudge the 
outcome of these cases. We need only adhere to our laws that ensure 
that each child is treated in a fair manner, that their case be 
individually considered, and if they deserve protection under the law, 
so be it; if not, they go home.
  This is not new. Refugees have received protection in America for 
decades. In 1980, the asylum system that we have today was established. 
Most of the special protections for unaccompanied children were created 
in 1997. Many were codified in 2002. Critics of the antislavery law of 
2008 claim it has caused the influx of kids to America, but the 
protections began in 1997, 17 years ago.
  No, kids are fleeing because of the extreme violence in three 
countries. Children from other countries in the region are not fleeing 
here. And people from Honduras, El Salvador, and Guatemala are fleeing 
to every other country in the region--a 712 percent increase in

[[Page 13764]]

asylum cases in Belize, Nicaragua, and the other Central American 
countries.
  What the 2008 law actually did was give less protection to kids from 
Mexico and Canada, and that was a mistake because the U.N. review now 
makes clear that, as a consequence, we are sending kids who have been 
sex-trafficked back to their abusers. Rather than fix this loophole, 
this bill would subject all kids to that flawed process. I can't help 
but note that this will be the only immigration bill with an up-or-down 
vote, a bill to strip victims of their protections.
  Mrs. LOWEY. I yield back the balance of my time.
  Mr. ROGERS of Kentucky. Madam Speaker, I yield myself the balance of 
my time.
  Madam Speaker, we have a crisis on our border with Mexico right now. 
It can't wait. It is a humanitarian crisis. It is also a failure of our 
border. It is an open border now unless you fix it. If we don't change 
the law to treat Central American children the same as we treat Mexican 
children at the border, you are going to be flooded. The amount now on 
the border will pale into insignificance because Homeland Security 
tells us they anticipate another 145,000 children next year, on top of 
the tens of thousands of adults and families flooding across that open 
border.
  So we have an immediate crisis today. This bill is an urgently needed 
bill. It provides immediate funding for critical border security and 
these humanitarian needs. The money will be there immediately. If we do 
not pass this bill today, you are going to risk these resources running 
out. Then your hands will be tied. More and more immigrants will 
continue to flood across that border if you fail to act.
  This bill will allow the DHS, the Department of Homeland Security, 
and the National Guard to tighten security and restore the border. It 
will allow the Department of Justice to process the cases that may be 
needed more efficiently. It encourages repatriation in the countries 
from which these immigrants came, and it provides much-needed shelter 
and care for the thousands of unaccompanied children who have recently 
crossed that border.
  We must act today before we leave town, not only to protect our 
borders, but to help these unaccompanied children who are being brought 
here by criminals, no less, on a long, dangerous, arduous journey, 
subject to abuse, injury, and death along the way. How can you turn 
away from these faces?
  This bill directs responsible levels of resources toward the front 
line, toward the highest priority needs. The bill puts policy measures 
into place that keep criminals out of the country and helps encourage 
children not to make that very dangerous, life-threatening journey. The 
President's request would do nothing to enforce our laws and make this 
Nation a safer place.
  Help the problem. Stop the crisis. This bill does it. Vote for it.
  I yield back the balance of my time.
  Mr. HASTINGS of Florida. Madam Speaker, how is it that we can find it 
within our capabilities to fund billions of dollars of deficit spending 
on unpaid-for tax extenders one week, but we can't muster the humanity 
to fund adequate legal representation for refugee children the next? 
The President's request included a modest $24.5 million to fund the 
Department of Justice's programs to provide legal assistance to these 
children, their guardians, and law enforcement advisors in Central 
America, yet none of this was included in the legislation. Instead, 
Republicans focus only on punitive measures that will hasten the misery 
of these children.
  Madam Speaker, I am interested to know why Republicans are 
comfortable spending untold amounts of American taxpayer's money on a 
frivolous lawsuit, but will provide absolutely no money on legal 
assistance for a child who, after traversing some of the most dangerous 
terrain our world has to offer, must now navigate our immigration 
system without the benefit of counsel. Make no mistake, these children 
are refugees.
  If Republicans are so concerned about the plight of these children 
and making sure that we find a humanitarian solution, why have they 
stripped away all of the human rights conditions and certification 
requirements on the Guatemalan and Honduran militaries allowing them to 
use the $40 million allocated to help with repatriation efforts? We're 
going to throw these children who have fled for their lives from 
horrific conditions right back to the same wolves who caused them to 
flee in the first place, and then pay to ensure they are stuck there.
  Madam Speaker, rather than focus on sending these children back as 
quickly as we can, maybe we should take a page from the history books, 
and find it in our hearts to help them find safety and a new life here 
in the United States. In 70 years, we should be able to look back 
proudly on that accomplishment, and not have to shamefully admit that 
the United States could have done more.
  Mr. GENE GREEN of Texas. Madam Speaker, I rise in strong opposition 
to H.R. 5230, the woefully inadequate supplemental appropriations bill 
that will only exacerbate the growing humanitarian crisis impacting my 
home state of Texas.
  Since the beginning of this year, nearly 60,000 unaccompanied 
children have crossed the Rio Grande into south Texas. The vast 
majority of these children are coming from three countries--El 
Salvador, Guatemala, and Honduras--where whole communities are being 
terrorized by drug cartels and street gangs. Honduras, the U.N. 
reports, has the highest homicide in the world. El Salvador and 
Guatemala rank fourth and fifth.
  Even before these children reach Texas, many of whom no more than 
seven or eight years old, they must make the long and dangerous journey 
through the remainder of Central America and Mexico. On the journey, 
these children are easy targets for robbers, drug smugglers, and sex 
traffickers, further traumatizing them before they reach our country.
  Once reaching Brownsville, McAllen, or one of our other communities 
on the border, these children are not trying to evade detection from 
Border Patrol. In fact, there are countless stories of these children 
running into the arms of our border protection officials, knowing that 
they will be safe from the violence and trauma once in American 
custody.
  Madam Speaker, I can speak first hand, having visited our border 
facilities in McAllen earlier this month, on the hard work our nation's 
Border Patrol Officers are doing, along with their counterparts 
throughout DHS and HHS during this humanitarian crisis.
  Congress needs to respond to this crisis in the best traditions of 
our great nation--with open eyes and compassion and balance the needs 
of the American people with our nation's historic role as the place of 
last refuge for those who are persecuted and in need.
  The legislation before this chamber today, shamefully, does not 
reflect our nation's best traditions. It is a misguided, knee-jerk 
reaction that will do little to improve, or worst, exacerbate, the 
growing crisis on the Rio Grande.
  H.R. 5230 would provide only one-seventh of the funds the President 
requested and would only authorize those funds through the end of 
September. And of these funds, Madam Speaker, the vast majority are 
directed towards greater border security and not--as is necessary--the 
humanitarian aspect of this crisis.
  I have always been supportive of greater border security and 
providing our nation's Border Patrol Agents with the resources they 
need to protect us. However, our country is already deporting record 
numbers of people--over 1.2 million in the past three years--and there 
is growing concern among our border communities that their towns and 
cities are already being negatively affected by our border surge.
  What these children need--and our DHS and HHS officials on the border 
have requested--are not more boots on the ground, but more judges, 
health officials, asylum officers, and facilities to temporarily house 
these children while we determine if they need to return to their home 
country or are eligible for asylum.
  This legislation would further militarize our border, without regard 
to the wishes of our border communities, by authorizing the deployment 
of the National Guard and make null and void existing Memorandums of 
Understanding between CBP and the Interior and Agriculture Departments 
on protecting federal lands under these departments oversight, like Big 
Bend National Park.
  I urge my colleagues to demand a vote on a clean supplemental and to 
vote against this shameful legislation.
  Mr. JOHNSON of Georgia. Madam Speaker, I rise today in strong 
opposition to H.R. 5230 ``the Supplemental Appropriations to Address 
the Southwest Border Crisis.''
  This partisan bill does nothing to address the humanitarian crisis at 
the border. Instead this bill undermines due process protections for 
children who have been victims of trafficking, torture, and 
persecution.

[[Page 13765]]

  It is shameful Republicans are using this crisis to advance their own 
agenda. In doing so, Republicans are jeopardizing children's lives, and 
hypocritically reversing their position on a law they once supported. 
With this bill, Republican Hypocrisy has been taken to another level.
  Yesterday, I met President and Vice-President of the National 
Association of immigration Judges, who said no current protections and 
due process for these children should be changed. Republicans should 
listen to them.
  I urge my colleagues to oppose the bill.
  Ms. JACKSON LEE. Madam Speaker, I rise to speak in strong opposition 
to H.R. 5230, a bill to make supplemental appropriations for the fiscal 
year ending September 30, 2014 to address the humanitarian crisis on 
our nation's southern border.
  As a senior member of the House Committee on Homeland Security and 
the Ranking Member on the Subcommittee on Border and Maritime Security, 
I have visited the border and seen the children that this bill intends 
to help.
  This bill offers too little in funding to address the need that over 
50 states are attempting to address by providing shelter and assistance 
to the tens of thousands of unaccompanied minors who are now living in 
our country.
  Over two-thirds of the language in H.R. 5230 will make significant 
changes in existing law or creates new law regarding immigration policy 
without going through the committees of jurisdiction such as the House 
Committees on Homeland Security, Judiciary, and Foreign Affairs.
  H.R. 5230 contains too much language that is legislative such as:
  The bill makes significant changes to 2008 Trafficking Victims 
Protection Act. This change will subject all children to the initial 
screening process that now applies only to children from Mexico and 
Canada; erects a new expedited immigration court screening for any 
children who pass the initial screening; prohibits administrative 
appeals from children ordered removed through the new expedited 
process; requires detention of certain children who demonstrate a 
credible fear of persecution throughout the pendency of their asylum 
proceedings; establishes new, high burdens of proof; and sets up a 
principle of ``Last In, First Out'' in the adjudication process.
  The bill prohibits the Secretaries of the Interior and Agriculture 
from impeding, denying, or restricting the activities of U.S. Customs 
and Border Protection on Federal land located within 100 Miles of the 
U.S./Mexico border--This issue has already been addressed. Both 
Interior and Agriculture have existing Memorandum of Understanding 
(MOUs) with U.S. Customs and Border Protection and all these agencies, 
as well as the GAO, have testified that these agreements are working 
and that federal land management laws and activities do not impair 
border security.
  The bill provides too few emergency immigration judges--the bill only 
requires the Department of Justice to designate up to 40 temporary 
immigration judges within 14 days of enactment of this legislation. 
Then the bill permits hiring of retired judges or magistrate judges, or 
the reassignment of current immigration judges, to conduct expedited 
hearings for unaccompanied alien children to try to meet the new 
requirement that their cases be heard within 7 days of being screened 
by DHS officials.
  This is a rushed process for an emergency situation involving 
children. They require our best efforts to ensure their safety and 
wellbeing not a rushed job.
  The bill undermines a long standing policy regarding asylum--H.R. 
5230 Prohibits anyone believed to have been convicted outside the U.S. 
of any drug-related offense punishable by a prison term of more than a 
year from being granted asylum.
  This provision has nothing to do with unaccompanied children entering 
the United States and clearly is an immigration reform that would 
impact several committees such as the House Committees on Judiciary and 
Foreign Affairs.
  This provision is problematic because what is considered unlawful in 
one country is a constitutionally protected right in the United States. 
Often people are fleeing religious, ethnic or political persecution.
  Persecution means that they are experiencing or have experienced 
actions taken by their countries governments, which often includes 
imprisonment or torture while in custody.
  This one change would hand repressive regimes like North Korea with 
an easy way to block the United States from helping those seeking to 
escape that country--charge and convict them of a felon.
  A Sudanese woman was sentenced to death for being a Christian--would 
this Congress bar her entry into the United States?
  The bill makes the wrong decision on border security by sending the 
National Guard support for border operations--H.R. 5230 would deploy 
National Guard under Title 32 Status. National Guard troops with this 
change may be assigned duties as deemed necessary to provide assistance 
in operations, with priority given to high traffic areas experiencing 
the highest number of crossing by unaccompanied children.
  Sending armed soldiers to greet children escaping violence--Mr. 
Speaker what is the leadership thinking?
  These children need our help not frightening images of more adults 
with guns.
  The bill denies safe shelter to children through its sense of 
Congress--the states that the Secretary of Defense should not be 
allowed to shelter unaccompanied children or other migrants unless 
certain conditions are met.
  The military and the administration are well aware of the conditions 
that are acceptable for children and this Congress should provide what 
is needed so that their needs can be met.
  This bill does too little to actually help the thousands of children 
who are awaiting immigration hearings. They are victims of human 
trafficking, sexual violence, and witnesses to murders as well as acts 
of violence against other children who took that dangerous trek to the 
United States.
  We should be focused on learning what they know and what they 
experienced to be sure the guilty are found and punished.
  I offered, along with several other members of the House amendments 
in attempts to improve the bill, but all were rejected by the Rules 
Committee, which chose to place H.R. 5230 before the House in the form 
of a closed rule.
  The Jackson Lee Amendment would have authorized designated federal 
agencies to reimburse State and local governments and private nonprofit 
organizations for the costs incurred in providing psychological 
counseling, housing, education, medicine and medical care, food and 
water, clothes, personal hygiene and other indispensable consumables, 
other human services in response to the humanitarian crisis on the 
Southwest Border.
  This Congress has had the Senate's version of a Comprehensive 
Immigration reform bill for nearly a year, without accomplishing the 
task of taking up the issue and passing a House version.
  Our nation's immigration system is broken and needs reform, but the 
only attempt at addressing immigration into the United States is this 
bill that is being presented as an appropriations bill.
  H.R. 5230 is not an appropriations bill it is an immigration reform 
bill, which covers the jurisdictions of the two committees I serve on--
the House Judiciary and Homeland Security Committees. Neither of these 
committees were given the opportunity to hold hearings or make the 
needed changes to the bill to make sure it conforms with long standing 
policies relating to unaccompanied minor or issues related to refugees.
  The Jackson Lee amendment would have helped nonprofits, local and 
state governments in all of the 50 states who are now providing 
assistance to the tens of thousands of unaccompanied minors within the 
United States.
  The message has gotten to families in El Salvador, Honduras, and 
Guatemala. Parents are no longer sending their children to the United 
States once they learned of the dangers and the prospects for their 
children surviving the journey without becoming victims of human 
trafficking.
  These children have found the compassion and love of thousands of 
Americans found in the states of Texas, Alabama, Alaska, California, 
Illinois, North Carolina, South Dakota, New York, Utah, Virginia and--
yes even the U.S. Virgin Islands.
  The nature of America is that of the Good Samaritan.
  On July 3, 2014, I went to McAllen, Texas and observed a Customs and 
Border Protection (CBP) facility where unaccompanied children were 
being processed by the Border Patrol.
  As I walked through the facility, I saw frightened and needy 
children, some as young as five years old.
  Madam Speaker, some members of this body who have not taken the time 
to visit the border or visit the children who are now in their own 
states will stand before this body and accuse them of being dangerous--
but they are not.
  They are traumatized and frightened children driven from their homes 
by violence and inducements of these same gangs to get payments from 
desperate parents seeking to save the lives of their children to bring 
them to the United States.
  These children had risked their lives to make their way to the U.S. 
by riding atop

[[Page 13766]]

freight trains through dangerous territories in Mexico. One can only 
imagine the desperation and hopelessness that would prompt a parent to 
send their young child on such a treacherous journey.
  It takes courage and desperation to escape senseless violence and I 
know that is what Cuban Americans faced, and Christians, Jews and all 
other groups facing violence have endured.
  These are refugees and their status requires that the United States 
act appropriately.
  Some may mention that the United States has a quota on refugees that 
we can take each year and that number has been reached. The program 
that refer to is for refugees that other nations around the world are 
providing shelter--but if the refugees are crossing our own border 
there is not limit.
  This international law that the United States has backed for decades 
and pressured other nations to enforce. If the refugees are Christians 
escaping ISIS or Boko Haram or they are children escaping violent gangs 
in Central America they are not and should not be turned back.
  Children do not leave their homes and families by the tens of 
thousands unless fear is driving them from their homes.
  Upon my visit to South Texas borders, I witnessed hundreds of 
children whose young faces were pressed against glass jails with tears 
running down their faces. We are dealing with helpless children who 
have traveled a treacherous journey, and it should be within our 
American values to care for these children who fled their homes to 
escape violence.
  These children are not perpetrators or criminals--they are in many 
cases victims fleeing deadly violence in Guatemala, Honduras, and El 
Salvador, and are seeking temporary safe haven in the United States, as 
so many people before them have done for centuries.
  The surge of unaccompanied children on our southern border does not 
pose a threat to our national security. Contrary to the shrill rhetoric 
used by some commentators, the nation is not being invaded by an army 
of children dispatched to do us harm.
  We are confronted instead with a humanitarian crisis resulting from 
the alarming scale of violence and economic desperation in three 
Central American countries that now lead the world in murder rates: El 
Salvador, Honduras, and Guatemala.
  Politicizing the issue will not solve the problem. Taking actions 
that address the root causes in the short and long term will. We should 
be taking up Immigration Reform to deal with the wide range of 
immigration problems.
  The current status on the border is the number of children coming 
across the border has abated. Those children remaining in detention 
shelters along the border number only a few hundred.
  According to the United Nations Office on Drugs and Crime, these 
three Central American countries have among the highest per capita 
homicide rates in the world, with Honduras topping the list and the 
other two nations in the top five.
  To address this issue of the humanitarian crisis, I introduced H.R. 
4990, the ``Justice for Children Now Act of 2014,'' which authorizes 
the immediate hiring of an additional 70 immigration judges in the 
Executive Office of Immigration Review.
  This bill will help but it is not sufficient to address the backlogs 
to help advance the flow of the children's immigration court hearings.
  The amount allowed under this bill will leave states and aid agencies 
footing a significant portion of the cost for assisting these helpless 
children--when it is the role of the federal government to be present 
and actively engaged in leading the effort.
  I support the President's request for $3.7 billion to respond to the 
humanitarian crisis on the border and urge my colleagues in leadership 
to reconsider the level of funding for this great need.
  Congress should allocate the resources needed to deal with the 
increase in unaccompanied children seeking refuge in the United States. 
Some of these persons are attempting to enter the country unlawfully 
and without justification. Our laws do not permit this and they should 
not be allowed entry.
  The Administration is following immigration law as it relates to 
these unaccompanied minors.
  The Trafficking Victims Protection Reauthorization Act of 2008, 
signed by President George W. Bush establishes the legal status of the 
children who have entered the nation unaccompanied.
  That law provides persons fleeing lethal violence or escape from 
human trafficking the opportunity to have their case heard by an 
immigration judge.
  Over the time Congress has delayed acting and an additional 366,000 
pending cases were added to the immigration courts that must have 
hearings before any action can be taken.
  Because this situation is untenable for everyone--law enforcement, 
taxpayers, and individuals petitioning for relief, the first thing that 
we can and should do to reduce the backlog is provide the funding 
needed to appoint 70 new immigration judges, as provided under 
legislation.
  Ensuring that there are available sufficient facilities to house 
detained children in a humane manner while they await their immigration 
hearing is another challenge.
  I ask that the Rules Committee approve the Jackson Lee Amendment for 
inclusion in H.R. 5230.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 696, the previous question is ordered on 
the bill.
  Pursuant to clause 1(c) of rule XIX, further consideration on H.R. 
5230 is postponed.

                          ____________________