[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 391 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 391
To modify the treatment of unaccompanied alien children who are in
Federal custody by reason of their immigration status, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2017
Mr. Chaffetz (for himself, Mrs. Black, Mr. Brooks of Alabama, Mr.
Carter of Georgia, Mr. Carter of Texas, Mr. Chabot, Mr. Duncan of South
Carolina, Mr. Farenthold, Mr. Gosar, Mr. Gowdy, Mr. Jody B. Hice of
Georgia, Mr. Lance, Mr. Pittenger, Mr. Smith of Texas, Mr. Webster of
Florida, Mr. Zeldin, and Mr. Hudson) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Foreign Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To modify the treatment of unaccompanied alien children who are in
Federal custody by reason of their immigration status, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asylum Reform and Border Protection
Act of 2017''.
SEC. 2. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL.
Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362)
is amended--
(1) by striking ``(at no expense to the Government)''; and
(2) by adding at the end the following:
``Notwithstanding any other provision of law, in no instance shall the
Government bear any expense for counsel for any person in removal
proceedings or in any appeal proceedings before the Attorney General
from any such removal proceedings.''.
SEC. 3. SPECIAL IMMIGRANT JUVENILE VISAS.
Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``and whose
reunification with one or both of the immigrant's parents is not viable
due'' and inserting ``and who cannot be reunified with either of the
immigrant's parents due''.
SEC. 4. CREDIBLE FEAR INTERVIEWS.
Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``208.'' and inserting
``208, and it is more probable than not that the statements made by the
alien in support of the alien's claim are true.''.
SEC. 5. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.
(a) In General.--The Secretary of Homeland Security shall establish
quality assurance procedures and take steps to effectively ensure that
questions by employees of the Department of Homeland Security
exercising expedited removal authority under section 235(b) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a
uniform manner, and that both these questions and the answers provided
in response to them are recorded in a uniform fashion.
(b) Factors Relating to Sworn Statements.--Where practicable, any
sworn or signed written statement taken of an alien as part of the
record of a proceeding under section 235(b)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a
recording of the interview which served as the basis for that sworn
statement.
(c) Interpreters.--The Secretary shall ensure that a competent
interpreter, not affiliated with the government of the country from
which the alien may claim asylum, is used when the interviewing officer
does not speak a language understood by the alien and there is no other
Federal, State, or local government employee available who is able to
interpret effectively, accurately, and impartially.
(d) Recordings in Immigration Proceedings.--Recordings of
interviews of aliens subject to expedited removal shall be included in
the record of proceeding and shall be considered as evidence in any
further proceedings involving the alien.
(e) No Private Right of Action.--Nothing in this section shall be
construed to create any right, benefit, trust, or responsibility,
whether substantive or procedural, enforceable in law or equity by a
party against the United States, its departments, agencies,
instrumentalities, entities, officers, employees, or agents, or any
person, nor does this section create any right of review in any
administrative, judicial, or other proceeding.
SEC. 6. PAROLE REFORM.
(a) In General.--Paragraph (5) of section 212(d) (8 U.S.C. 1182(d))
is amended to read as follows:
``(5) Humanitarian and public interest parole.--
``(A) In general.--Subject to the provisions of
this paragraph and section 214(f)(2), the Secretary of
Homeland Security, in the sole discretion of the
Secretary of Homeland Security, may on a case-by-case
basis parole an alien into the United States
temporarily, under such conditions as the Secretary of
Homeland Security may prescribe, only--
``(i) for an urgent humanitarian reason (as
described under subparagraph (B)); or
``(ii) for a reason deemed strictly in the
public interest (as described under
subparagraph (C)).
``(B) Humanitarian parole.--The Secretary of
Homeland Security may parole an alien based on an
urgent humanitarian reason described in this
subparagraph only if--
``(i) the alien has a medical emergency and
the alien cannot obtain necessary treatment in
the foreign state in which the alien is
residing or the medical emergency is life-
threatening and there is insufficient time for
the alien to be admitted through the normal
visa process;
``(ii) the alien is needed in the United
States in order to donate an organ or other
tissue for transplant into a close family
member;
``(iii) the alien has a close family member
in the United States whose death is imminent
and the alien could not arrive in the United
States in time to see such family member alive
if the alien were to be admitted through the
normal visa process;
``(iv) the alien is a lawful applicant for
adjustment of status under section 245; or
``(v) the alien was lawfully granted status
under section 208 or lawfully admitted under
section 207.
``(C) Public interest parole.--The Secretary of
Homeland Security may parole an alien based on a reason
deemed strictly in the public interest described in
this subparagraph only if the alien has assisted the
United States Government in a matter, such as a
criminal investigation, espionage, or other similar law
enforcement activity, and either the alien's presence
in the United States is required by the Government or
the alien's life would be threatened if the alien were
not permitted to come to the United States.
``(D) Limitation on the use of parole authority.--
The Secretary of Homeland Security may not use the
parole authority under this paragraph to permit to come
to the United States aliens who have applied for and
have been found to be ineligible for refugee status or
any alien to whom the provisions of this paragraph do
not apply.
``(E) Parole not an admission.--Parole of an alien
under this paragraph shall not be considered an
admission of the alien into the United States. When the
purposes of the parole of an alien have been served, as
determined by the Secretary of Homeland Security, the
alien shall immediately return or be returned to the
custody from which the alien was paroled and the alien
shall be considered for admission to the United States
on the same basis as other similarly situated
applicants for admission.
``(F) Report to congress.--Not later than 90 days
after the end of each fiscal year, the Secretary of
Homeland Security shall submit a report to the
Committees on the Judiciary of the House of
Representatives and the Senate describing the number
and categories of aliens paroled into the United States
under this paragraph. Each such report shall contain
information and data concerning the number and
categories of aliens paroled, the duration of parole,
and the current status of aliens paroled during the
preceding fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the first day of the first month beginning more than 60
days after the date of the enactment of this Act.
SEC. 7. REPORT TO CONGRESS ON PAROLE PROCEDURES AND STANDARDIZATION OF
PAROLE PROCEDURES.
(a) In General.--The Attorney General and the Secretary of Homeland
Security shall jointly conduct a review, and report to the Judiciary
Committees of the House of Representatives and the Senate, not later
than 180 days after the date of the enactment of this Act, and annually
thereafter, regarding the effectiveness of parole and custody
determination procedures applicable to aliens who have established a
credible fear of persecution and are awaiting a final determination
regarding their asylum claim by the immigration courts. The report
shall include the following:
(1) An analysis of the rate at which release from detention
(including release on parole) is granted to aliens who have
established a credible fear of persecution and are awaiting a
final determination regarding their asylum claim by the
immigration courts throughout the United States, and any
disparity that exists between locations or geographical areas,
including explanation of the reasons for this disparity and
what actions are being taken to have consistent and uniform
application of the standards for granting parole.
(2) An analysis of the effect of the procedures and
policies applied with respect to parole and custody
determinations both by the Attorney General and the Secretary
on the alien's pursuit of their asylum claim before an
immigration court.
(3) An analysis of the effectiveness of the procedures and
policies applied with respect to parole and custody
determinations both by the Attorney General and the Secretary
in securing the alien's presence at the immigration court
proceedings.
(b) Recommendations.--The report should include recommendations
with respect to whether the existing parole and custody determination
procedures applicable to aliens who have established a credible fear of
persecution and are awaiting a final determination regarding their
asylum claim by the immigration courts both respect the interests of
aliens and ensure the presence of the aliens at the immigration court
proceedings. The report should include an assessment on corresponding
failure to appear rates, inabsentia orders, and absconders.
SEC. 8. UNACCOMPANIED ALIEN CHILD DEFINED.
Section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2)) is amended to read as follows:
``(2) The term `unaccompanied alien child'--
``(A) means an alien who--
``(i) has no lawful immigration status in
the United States;
``(ii) has not attained 18 years of age;
and
``(iii) with respect to whom--
``(I) there is no parent or legal
guardian in the United States;
``(II) no parent or legal guardian
in the United States is available to
provide care and physical custody; or
``(III) no sibling over 18 years of
age, aunt, uncle, grandparent, or
cousin over 18 years of age is
available to provide care and physical
custody; except that
``(B) such term shall cease to include an alien if
at any time a parent, legal guardian, sibling over 18
years of age, aunt, uncle, grandparent, or cousin over
18 years of age of the alien is found in the United
States and is available to provide care and physical
custody (and the Secretary of Homeland Security and the
Secretary of Health and Human Services shall revoke
accordingly any prior designation of the alien under
this paragraph).''.
SEC. 9. MODIFICATIONS TO PREFERENTIAL AVAILABILITY FOR ASYLUM FOR
UNACCOMPANIED ALIEN MINORS.
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158)
is amended--
(1) by striking subsection (a)(2)(E); and
(2) by striking subsection (b)(3)(C).
SEC. 10. NOTIFICATION AND TRANSFER OF CUSTODY REGARDING UNACCOMPANIED
ALIEN MINORS.
Section 235(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) is amended--
(1) in paragraph (2), by striking ``48 hours'' and
inserting ``7 days''; and
(2) in paragraph (3), by striking ``72 hours'' and
inserting ``30 days''.
SEC. 11. INFORMATION SHARING BETWEEN DEPARTMENT OF HEALTH AND HUMAN
SERVICES AND DEPARTMENT OF HOMELAND SECURITY.
Section 235(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) is amended by
adding at the end the following:
``(5) Information sharing.--The Secretary of Health and
Human Services shall share with the Secretary of Homeland
Security any information requested on a child who has been
determined to be an unaccompanied alien child and who is or has
been in the custody of the Secretary of Health and Human
Services, including the location of the child and any person to
whom custody of the child has been transferred, for any
legitimate law enforcement objective, including enforcement of
the immigration laws.''.
SEC. 12. SAFE THIRD COUNTRY.
Section 208(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1158(a)(2)(A)) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(2) by striking ``removed, pursuant to a bilateral or
multilateral agreement, to'' and inserting ``removed to''.
SEC. 13. ADDITIONAL IMMIGRATION JUDGES AND ICE PROSECUTORS.
(a) Executive Office for Immigration Review.--Subject to the
availability of appropriations, in each of fiscal years 2015 through
2017, the Attorney General shall increase by not less than 50 the
number of positions for full-time immigration judges within the
Executive Office for Immigration Review above the number of such
positions for which funds were allotted for fiscal year 2014.
(b) Immigration and Customs Enforcement Office of the Principal
Legal Advisor.--Subject to the availability of appropriations, in each
of fiscal years 2015 through 2017, the Secretary of Homeland Security
shall increase by not less than 60 the number of positions for full-
time trial attorneys within the Immigration and Customs Enforcement
Office of the Principal Legal Advisor above the number of such
positions for which funds were allotted for fiscal year 2014.
SEC. 14. MINORS IN DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY.
Section 235(c)(2)(A) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(2)(A)) is
amended by striking the last two sentences.
SEC. 15. FOREIGN ASSISTANCE FOR REPATRIATION.
(a) Suspension of Foreign Assistance.--The Secretary of State shall
immediately suspend all foreign assistance, including under United
States Agency for International Development programs, the Central
American Regional Security Initiative, or the International Narcotic
Control Law Enforcement program, to any large sending country that--
(1) refuses to negotiate an agreement under section
235(a)(2) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(2));
or
(2) refuses to accept from the United States repatriated
unaccompanied alien children (as defined in section 462(g)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) who are
nationals or residents of the sending country.
(b) Use of Foreign Assistance for Repatriation.--The Secretary of
State shall provide any additional foreign assistance from the United
States that such Secretary determines is needed to implement an
agreement under section 235(a)(2) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(a)(2)) or safely to repatriate or reintegrate nationals or
residents of a large sending country without increasing the total
quantity of foreign assistance to such country. Such country may use
any earlier foreign assistance for the purpose of repatriation or
implementation of any agreement under such section 235(a)(2).
(c) Definition of Large Sending Program.--For purposes of this
section, the term ``large sending country'' means--
(1) any country which was the country of nationality or
last habitual residence for 1,000 or more unaccompanied alien
children (as defined in section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g))) who entered the United
States in a single fiscal year in any of the prior 3 fiscal
years; and
(2) any other country which the Secretary of Homeland
Security deems appropriate.
(d) Effective Date.--This section shall take effect on the date of
the enactment of this Act and shall apply with respect to any
unaccompanied alien child (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g))) apprehended on or
after such date.
SEC. 16. REPORTS.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
and the Secretary of Health and Human Services, with assistance from
the Secretary of Homeland Security, shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on efforts to improve
repatriation programs for unaccompanied alien children (as defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g))). Such reports shall include the following:
(1) The average time that such a child is detained after
apprehension until removal.
(2) The number of such children detained improperly beyond
the required time periods under paragraphs (2) and (3) of
section 235(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)).
(3) A statement of the funds used to effectuate the
repatriation of such children, including any funds that were
reallocated from foreign assistance accounts as of the date of
the enactment of this Act.
(b) Effective Date.--This section shall take effect on the date of
the enactment of this Act and shall apply with respect to any
unaccompanied alien child (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g))) apprehended on or
after such date.
SEC. 17. WITHHOLDING OF REMOVAL.
(a) In General.--Section 241(b)(3) (8 U.S.C. 1231(b)(3)) is
amended--
(1) by adding at the end of subparagraph (A) the following:
``The burden of proof shall be on the alien to
establish that the alien's life or freedom would be
threatened in that country, and that race, religion,
nationality, membership in a particular social group,
or political opinion would be at least one central
reason for such threat.''; and
(2) in subparagraph (C), by striking ``In determining
whether an alien has demonstrated that the alien's life or
freedom would be threatened for a reason described in
subparagraph (A),'' and inserting ``For purposes of this
paragraph,''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if enacted on May 11, 2005, and shall apply to
applications for withholding of removal made on or after such date.
SEC. 18. GROSS VIOLATIONS OF HUMAN RIGHTS.
(a) Inadmissibility of Certain Aliens.--Section 212(a)(3)(E)(iii)
(8 U.S.C. 1182(a)(3)(E)(iii)) is amended to read as follows:
``(iii) Commission of acts of torture,
extrajudicial killings, war crimes, or
widespread or systematic attacks on
civilians.--Any alien who planned, ordered,
assisted, aided and abetted, committed, or
otherwise participated in, including through
command responsibility and without regard to
motivation or intent, the commission of--
``(I) any act of torture (as
defined in section 2340 of title 18,
United States Code);
``(II) any extrajudicial killing
(as defined in section 3(a) of the
Torture Victim Protection Act of 1991
(28 U.S.C. 1350 note)) under color of
law of any foreign nation;
``(III) a war crime (as defined in
section 2441 of title 18, United States
Code); or
``(IV) a widespread or systematic
attack directed against a civilian
population, with knowledge of the
attack, murder, extermination,
enslavement, forcible transfer of
population, arbitrary detention, rape,
sexual slavery, enforced prostitution,
forced pregnancy, enforced
sterilization, or any other form of
sexual violence of comparable gravity;
``(V) persecution on political
racial, national, ethnic, cultural,
religious, or gender grounds;
``(VI) enforced disappearance of
persons; or
``(VII) other inhumane acts of a
similar character intentionally causing
great suffering or serious bodily or
mental injury,
is inadmissible.''.
(b) Nonapplicability of Confidentiality Requirement With Respect to
Visa Records.--The President may make public, without regard to the
requirements under section 222(f) of the Immigration and Nationality
Act (8 U.S.C. 1202(f)), with respect to confidentiality of records
pertaining to the issuance or refusal of visas or permits to enter the
United States, the names of aliens deemed inadmissible on the basis of
section 212(a)(3)(E)(iii) of the Immigration and Nationality Act, as
amended by subsection (a).
SEC. 19. FIRM RESETTLEMENT.
Section 208(b)(2)(A)(vi) (8 U.S.C. 1158(b)(2)(A)(vi)) is amended by
striking ``States.'' and inserting ``States, which shall be considered
demonstrated by evidence that the alien can live in such country (in
any legal status) without fear of persecution.''.
SEC. 20. TERMINATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME
COUNTRY.
(a) Termination of Status.--Except as provided in subsections (b)
and (c), any alien who is granted asylum or refugee status under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), who, without a
compelling reason as determined by the Secretary, subsequently returns
to the country of such alien's nationality or, in the case of an alien
having no nationality, returns to any country in which such alien last
habitually resided, and who applied for such status because of
persecution or a well-founded fear of persecution in that country on
account of race, religion, nationality, membership in a particular
social group, or political opinion, shall have his or her status
terminated.
(b) Waiver.--The Secretary has discretion to waive subsection (a)
if it is established to the satisfaction of the Secretary that the
alien had a compelling reason for the return. The waiver may be sought
prior to departure from the United States or upon return.
(c) Exception for Certain Aliens From Cuba.--Subsection (a) shall
not apply to an alien who is eligible for adjustment to that of an
alien lawfully admitted for permanent residence pursuant to the Cuban
Adjustment Act of 1966 (Public Law 89-732).
SEC. 21. ASYLUM CASES FOR HOME SCHOOLERS.
(a) In General.--Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is
amended by adding at the end the following: ``For purposes of
determinations under this Act, a person who has been persecuted for
failure or refusal to comply with any law or regulation that prevents
the exercise of the individual right of that person to direct the
upbringing and education of a child of that person (including any law
or regulation preventing homeschooling), or for other resistance to
such a law or regulation, shall be deemed to have been persecuted on
account of membership in a particular social group, and a person who
has a well founded fear that he or she will be subject to persecution
for such failure, refusal, or resistance shall be deemed to have a well
founded fear of persecution on account of membership in a particular
social group.''.
(b) Numerical Limitation.--Section 207(a) (8 U.S.C. 1157(a)) is
amended by adding at the end the following new paragraph:
``(5) For any fiscal year, not more than 500 aliens may be
admitted under this section, or granted asylum under section
208, pursuant to a determination under section 101(a)(42) that
the alien is described in the final sentence of section
101(a)(42) (as added by section 21 of the Asylum Reform and
Border Protection Act of 2015).''.
(c) Effective Dates.--
(1) In general.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall
apply to failure or refusal to comply with a law or regulation,
or other resistance to a law or regulation, occurring before,
on, or after such date.
(2) Numerical limitation.--The amendment made by subsection
(b) shall take effect beginning on the first day of the first
fiscal year beginning after the date of the enactment of this
Act.
SEC. 22. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS:.
(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the Attorney
General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum'';
(3) in subparagraph (B), by striking the period and
inserting ``; and'';
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the
asylum application advising the alien of the
consequences of filing a frivolous application.''; and
(5) by inserting after subparagraph (C) the following:
``The written warning referred to in subparagraph (C) shall
serve as notice to the alien of the consequences of filing a
frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) (8 U.S.C. 1158(d)(6))
is amended by striking ``paragraph (4)(A)'' and inserting ``paragraph
(4)(C)''.
SEC. 23. TERMINATION OF ASYLUM STATUS.
Section 208(c) of the Immigration and Nationality Act (8 U.S.C.
(c)) is amended by adding at the end the following:
``(4) If an alien's asylum status is subject to termination
under section 208(c)(2), the immigration judge shall first
determine whether the conditions specified under 208(c)(2) have
been met, and if so, terminate the alien's asylum status before
considering whether the alien is eligible for adjustment of
status under section 209.''.
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