I
118th CONGRESS
1st Session
H. R. 2417
IN THE HOUSE OF REPRESENTATIVES
March 30, 2023
Mr. Carter of Texas (for himself, Mr. Biggs, and Mr. Nehls) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to provide for the expedited removal of unaccompanied alien children who are not victims of a severe form of trafficking in persons and who do not have a fear of returning to their country of nationality or last habitual residence, and for other purposes.
Short title
This Act may be cited as the Protection of Children Act of 2023
.
Repatriation of unaccompanied alien children
In general
Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended—
in subsection (a)—
in paragraph (2)—
by amending the heading to read as follows: Rules for unaccompanied alien children.—
;
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
;
in clause (i), by inserting and
at the end;
in clause (ii), by striking ; and
and inserting a period; and
by striking clause (iii); and
in subparagraph (B)—
in the matter preceding clause (i), by striking (8 U.S.C. 1101 et seq.) may—
and inserting (8 U.S.C. 1101 et seq.)—
;
in clause (i), by inserting before permit such child to withdraw
the following: may
; and
in clause (ii), by inserting before return such child
the following: shall
; and
in paragraph (5)(D)—
in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to the exceptions under subsection (a)(2),
and inserting who does not meet the criteria listed in paragraph (2)(A)
; and
in clause (i), by inserting before the semicolon at the end the following: , which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph (4)
;
in subsection (b)—
in paragraph (2)—
in subparagraph (A), by inserting before the semicolon the following: believed not to meet the criteria listed in subsection (a)(2)(A)
; and
in subparagraph (B), by inserting before the period the following: and does not meet the criteria listed in subsection (a)(2)(A)
; and
in paragraph (3), by striking an unaccompanied alien child in custody shall
and all that follows, and inserting the following:
an unaccompanied alien child in custody—
in the case of a child who does not meet the criteria listed in subsection (a)(2)(A), shall transfer the custody of such child to the Secretary of Health and Human Services not later than 30 days after determining that such child is an unaccompanied alien child who does not meet such criteria; or
in the case of a child who meets the criteria listed in subsection (a)(2)(A), may transfer the custody of such child to the Secretary of Health and Human Services after determining that such child is an unaccompanied alien child who meets such criteria.
; and
in subsection (c)—
in paragraph (3), by inserting at the end the following:
Information about individuals with whom children are placed
Information to be provided to homeland security
Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed, the following information:
The name of the individual.
The social security number of the individual.
The date of birth of the individual.
The location of the individual’s residence where the child will be placed.
The immigration status of the individual, if known.
Contact information for the individual.
Activities of the secretary of homeland security
Not later than 30 days after receiving the information listed in clause (i), the Secretary of Homeland Security, upon determining that an individual with whom a child is placed is unlawfully present in the United States and not in removal proceedings pursuant to chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.), shall initiate such removal proceedings.
; and
in paragraph (5)—
by inserting after to the greatest extent practicable
the following: (at no expense to the Government)
; and
by striking have counsel to represent them
and inserting have access to counsel to represent them
.
Effective date
The amendments made by this section shall apply to any unaccompanied alien child apprehended on or after the date that is 30 days after the date of enactment of this Act.
Special immigrant juvenile status for immigrants unable to reunite with either parent
Section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended—
in clause (i), by striking , and whose reunification with 1 or both of the immigrant's parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law
; and
in clause (iii)—
in subclause (I), by striking and
at the end;
in subclause (II), by inserting and
after the semicolon; and
by adding at the end the following:
an alien may not be granted special immigrant status under this subparagraph if the alien’s reunification with any one parent or legal guardian is not precluded by abuse, neglect, abandonment, or any similar cause under State law;
.