II 

118TH CONGRESS 

1ST SESSION S. 425 

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to protect alien minors and to amend the Immigration and Nationality Act to end abuse of the asylum system and establish 

refugee application and processing centers outside the United States, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2023 

Mr. GRAHAM introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to protect alien minors and to amend the Immigration and Nationality 

Act to end abuse of the asylum system and establish 

refugee application and processing centers outside the 

United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secure and Protect 

5 Act of 2023’’. 


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1 SEC. 2. PROTECTION OF MINORS. 

2 (a) PROMOTING FAMILY UNITY.—Section 235 of the 

3 William Wilberforce Trafficking Victims Protection Reau4 thorization Act of 2008 (8 U.S.C. 1232) is amended by 

5 adding at the end the following: 

6 ‘‘(j) PROMOTING FAMILY UNITY.— 

7 ‘‘(1) DETENTION OF ALIEN MINORS.— 

8 ‘‘(A) IN GENERAL.—Notwithstanding any 

9 other provision of law, judicial determination, 

10 consent decree, or settlement agreement, the 

11 Secretary of Homeland Security may detain any 

12 alien minor (other than an unaccompanied alien 

13 child) who is inadmissible to the United States 

14 under section 212(a) of the Immigration and 

15 Nationality Act (8 U.S.C. 1182(a)) or remov16 able from the United States under section 

17 237(a) of that Act (8 U.S.C. 1227(a)) pending 

18 the completion of removal proceedings, regard19 less of whether the alien minor was previously 

20 an unaccompanied alien child. 

21 ‘‘(B) PRIORITY REMOVAL CASES.—The At22 torney General shall— 

23 ‘‘(i) prioritize the removal proceedings 

24 of an alien minor, or a family unit that in25 cludes an alien minor, detained under sub26 paragraph (A); and 


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1 ‘‘(ii) set a case completion goal of not 

2 more than 100 days for such proceedings. 

3 ‘‘(C) DETENTION AND RELEASE DECI4 SIONS.—The decision to detain or release an 

5 alien minor described in subparagraph (A)— 

6 ‘‘(i) shall be governed solely by sec7 tions 212(d)(5), 217, 235, 236, and 241 of 

8 the Immigration and Nationality Act (8 

9 U.S.C. 1182(d)(5), 1187, 1225, 1226, and 

10 1231) and implementing regulations or 

11 policies; and 

12 ‘‘(ii) shall not be governed by stand13 ards, requirements, restrictions, or proce14 dures contained in a judicial decree or set15 tlement relating to the authority to detain 

16 or release alien minors. 

17 ‘‘(2) CONDITIONS OF DETENTION.— 

18 ‘‘(A) IN GENERAL.—Notwithstanding any 

19 other provision of law, judicial determination, 

20 consent decree, or settlement agreement, the 

21 Secretary of Homeland Security shall deter22 mine, in the sole discretion of the Secretary, the 

23 conditions of detention applicable to an alien 

24 minor described in paragraph (1)(A) regardless 


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1 of whether the alien minor was previously an 

2 unaccompanied alien child. 

3 ‘‘(B) NO JUDICIAL REVIEW.—A determina4 tion under subparagraph (A) shall not be sub5 ject to judicial review. 

6 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

7 this section— 

8 ‘‘(A) affects the eligibility for bond or pa9 role of an alien; or 

10 ‘‘(B) limits the authority of a court to hear 

11 a claim arising under the Constitution of the 

12 United States. 

13 ‘‘(4) PREEMPTION OF STATE LICENSING RE14 QUIREMENTS.—Notwithstanding any other provision 

15 of law, judicial determination, consent decree, or set16 tlement agreement, a State may not require an im17 migration detention facility used to detain families 

18 consisting of one or more children who have not at19 tained 18 years of age and the parents or legal 

20 guardians of such children, that is located in the 

21 State, to be licensed by the State or any political 

22 subdivision thereof. 

23 ‘‘(5) CONDITIONS OF CUSTODY.—The Secretary 

24 of Homeland Security shall ensure that each— 


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1 ‘‘(A) family residential facility is secure 

2 and safe; and 

3 ‘‘(B) alien child and accompanying parent 

4 at a family residential facility has— 

5 ‘‘(i) suitable living accommodations; 

6 ‘‘(ii) access to drinking water and 

7 food; 

8 ‘‘(iii) timely access to medical assist9 ance, including mental health assistance; 

10 and 

11 ‘‘(iv) access to any other service nec12 essary for the adequate care of a minor 

13 child. 

14 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

15 There are authorized to be appropriated such sums 

16 as may be necessary to carry out this subsection. 

17 ‘‘(k) APPLICABILITY OF CONSENT DECREES, SET18 TLEMENTS, AND JUDICIAL DETERMINATIONS.— 

19 ‘‘(1) FLORES SETTLEMENT AGREEMENT INAP20 PLICABLE.—Any conduct or activity that was, before 

21 the date of the enactment of this subsection, subject 

22 to any restriction or obligation imposed by the stipu23 lated settlement agreement filed on January 17, 

24 1997, in the United States District Court for the 

25 Central District of California in Flores v. Reno, CV 


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1 85–4544–RJK, (commonly known as the ‘Flores set2 tlement agreement’), or imposed by any amendment 

3 of that agreement or judicial determination based on 

4 that agreement— 

5 ‘‘(A) shall be subject to the restrictions 

6 and obligations under subsection (j) or imposed 

7 under any other provision of this Act; and 

8 ‘‘(B) shall not be subject to the restrictions 

9 and the obligations imposed by such settlement 

10 agreement or judicial determination. 

11 ‘‘(2) OTHER SETTLEMENT AGREEMENTS OR

12 CONSENT DECREES.—In any civil action with respect 

13 to the conditions of detention of alien children, the 

14 court shall not enter or approve a settlement agree15 ment or consent decree unless it complies with the 

16 limitations set forth in subsection (j).’’. 

17 (b) SAFE AND PROMPT RETURN OF UNACCOM18 PANIED ALIEN CHILDREN.—Section 235(a) of the Wil19 liam Wilberforce Trafficking Victims Protection Reauthor20 ization Act of 2008 (8 U.S.C. 1232(a)) is amended— 

21 (1) in paragraph (2)— 

22 (A) by amending the paragraph heading to 

23 read as follows: ‘‘RULES FOR REPATRIATING

24 UNACCOMPANIED ALIEN CHILDREN’’; 


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1 (B) in subparagraph (A), in the matter 

2 preceding clause (i), by striking ‘‘who is a na3 tional or habitual resident of a country that is 

4 contiguous with the United States shall be 

5 treated in accordance with subparagraph (B)’’ 

6 and inserting ‘‘shall be treated in accordance 

7 with this paragraph or subsection (b), as appli8 cable’’; 

9 (C) in subparagraph (B)— 

10 (i) by redesignating clauses (i) and 

11 (ii) as subclauses (I) and (II), and moving 

12 the subclauses two ems to the right; 

13 (ii) in the matter preceding subclause 

14 (I), as so redesignated, by striking ‘‘An im15 migration officer’’ and inserting the fol16 lowing: 

17 ‘‘(i) IN GENERAL.—An immigration 

18 officer’’; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(ii) CHILDREN UNABLE TO MAKE

22 DECISIONS WITH RESPECT TO WITH23 DRAWAL OF APPLICATIONS FOR ADMIS24 SION.—If at the time of initial apprehen25 sion, an immigration officer determines, in 


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1 the sole and unreviewable discretion of the 

2 immigration officer, that an unaccom3 panied alien child is not able to make an 

4 independent decision with respect to the 

5 withdrawal of his or her application for ad6 mission to the United States, the immigra7 tion officer shall refer the unaccompanied 

8 alien child for removal proceedings under 

9 section 240 of the Immigration and Na10 tionality Act (8 U.S.C. 1229a). 

11 ‘‘(iii) CHILDREN ABLE TO MAKE DECI12 SIONS WITH RESPECT TO WITHDRAWAL OF

13 APPLICATIONS FOR ADMISSION.— 

14 ‘‘(I) IN GENERAL.—Except as 

15 described in subclause (III)(aa), not16 withstanding any other provision of 

17 law that requires removal proceedings 

18 under section 240 of the Immigration 

19 and Nationality Act (8 U.S.C. 1229a), 

20 including subparagraph (D) and sec21 tion 235 of the Immigration and Na22 tionality Act (8 U.S.C. 1225), in the 

23 case of an unaccompanied alien child 

24 who is able to make an independent 

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1 drawal of his or her application for 

2 admission to the United States, as de3 termined by an immigration officer at 

4 the time of initial apprehension, and 

5 does not wish to withdraw such appli6 cation, the immigration officer shall— 

7 ‘‘(aa) make a record of any 

8 finding of inadmissibility or de9 portability, which shall be the 

10 basis of a repatriation order, 

11 which shall be carried out and 

12 the child shall be returned to his 

13 or her country of nationality or 

14 last habitual residence, unless the 

15 child is referred— 

16 ‘‘(AA) for removal pro17 ceedings pursuant to sub18 clause (III)(aa); or 

19 ‘‘(BB) to an immigra20 tion judge for a determina21 tion pursuant to subclause 

22 (III)(bb); and 

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1 termine whether it is more likely 

2 than not that the unaccompanied 

3 alien child— 

4 ‘‘(AA) will be subjected 

5 to trafficking on return to 

6 his or her country of nation7 ality or last habitual resi8 dence; and 

9 ‘‘(BB) would be grant10 ed asylum under section 208 

11 of the Immigration and Na12 tionality Act (8 U.S.C. 

13 1158), withholding of re14 moval under section 

15 241(b)(3) of that Act (8 

16 U.S.C. 1231(b)(3)), or pro17 tection under the regulations 

18 issued pursuant to the legis19 lation implementing the 

20 Convention against Torture 

21 and Other Cruel, Inhuman 

22 or Degrading Treatment or 

23 Punishment, done at New 

24 York, December 10, 1984 

25 (referred to in this clause as 


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1 the ‘Convention Against 

2 Torture’). 

3 ‘‘(II) INTERVIEW.— 

4 ‘‘(aa) IN GENERAL.—An 

5 interview under subclause (I)(bb) 

6 shall be conducted by an immi7 gration officer with specialized 

8 training relating to— 

9 ‘‘(AA) applicable law; 

10 ‘‘(BB) interviewing 

11 children; and 

12 ‘‘(CC) child trafficking. 

13 ‘‘(III) DETERMINATIONS BASED

14 ON INTERVIEW.— 

15 ‘‘(aa) REMOVAL PRO16 CEEDINGS.—An unaccompanied 

17 alien child described in subclause 

18 (I) shall be referred for removal 

19 proceedings under section 240 of 

20 the Immigration and Nationality 

21 Act (8 U.S.C. 1229a) if, based 

22 on an interview under item (bb) 

23 of that subclause, the immigra24 tion officer makes a determina25 tion that it is more likely than 


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1 not that the unaccompanied alien 

2 child will be trafficked on return 

3 to his or her country of nation4 ality or last habitual residence. 

5 ‘‘(bb) ASYLUM ONLY DETER6 MINATIONS.— 

7 ‘‘(AA) IN GENERAL.— 

8 If, based on an interview 

9 under subclause (I)(bb), the 

10 immigration officer makes a 

11 determination that it is 

12 more likely than not that the 

13 claim of an unaccompanied 

14 alien child for asylum under 

15 section 208 of the Immigra16 tion and Nationality Act (8 

17 U.S.C. 1158), withholding of 

18 removal under section 

19 241(b)(3) of that Act (8 

20 U.S.C. 1231(b)(3)), or pro21 tection under the Convention 

22 Against Torture will be 

23 granted, the unaccompanied 

24 alien child shall be referred 

25 to an immigration judge 


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1 solely for a determination 

2 with respect to whether the 

3 unaccompanied alien child is 

4 eligible for asylum under 

5 section 208 of that Act (8 

6 U.S.C. 1158), withholding of 

7 removal under section 

8 241(b)(3) of that Act (8 

9 U.S.C. 1231(b)(3)), or pro10 tection under the regulations 

11 issued pursuant to the legis12 lation implementing the 

13 Convention Against Torture 

14 and, if otherwise eligible for 

15 asylum, whether asylum 

16 shall be granted in the exer17 cise of discretion. 

18 ‘‘(BB) REPATRI19 ATION.—An unaccompanied 

20 alien child referred to an im21 migration judge under 

22 subitem (AA) shall be re23 turned to his or her country 

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1 tion judge finds that the un2 accompanied alien child is 

3 not entitled to asylum, with4 holding of removal, or pro5 tection under the regulations 

6 issued pursuant to the legis7 lation implementing the 

8 Convention Against Torture. 

9 ‘‘(IV) DISCRETION OF IMMIGRA10 TION OFFICER; NO JUDICIAL RE11 VIEW.—A decision of an immigration 

12 officer under this clause, and the 

13 issuance of a repatriation order, shall 

14 be in the sole, unreviewable discretion 

15 of the immigration officer. 

16 ‘‘(iv) DETENTION DURING PRO17 CEEDINGS.— 

18 ‘‘(I) IN GENERAL.—Except as 

19 provided in subclauses (II) and (III), 

20 notwithstanding any other provision of 

21 law, settlement agreement, or consent 

22 decree, an unaccompanied alien child 

23 shall not be released from the custody 

24 of the Secretary of Homeland Security 

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1 ugee Resettlement during the pend2 ency of the immigration or removal 

3 proceedings of the unaccompanied 

4 alien child. 

5 ‘‘(II) RELEASE TO SPONSOR.— 

6 ‘‘(aa) IN GENERAL.—Except 

7 as provided in item (bb), the Di8 rector of the Office of Refugee 

9 Resettlement may, in the sole, 

10 unreviewable discretion of the Di11 rector, release an unaccompanied 

12 alien child to a sponsor who is a 

13 verified parent or legal guardian 

14 or, in the case of an unaccom15 panied alien child who does not 

16 have a verified parent or legal 

17 guardian in the United States, a 

18 close relative, a distant relative, 

19 or an unrelated adult. 

20 ‘‘(bb) EXCEPTION.—The Di21 rector of the Office of Refugee 

22 Resettlement shall not under any 

23 circumstance release an unac24 companied alien child to a spon25 sor or a member of the sponsor’s 


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1 household who has committed an 

2 offense described in section 

3 236(c)(1) of the Immigration and 

4 Nationality Act (8 U.S.C. 

5 1226(c)(1)), is detained while in 

6 removal proceedings under sec7 tion 240 of that Act (8 U.S.C. 

8 1229a), has assisted or facili9 tated the smuggling or traf10 ficking of a child, or would other11 wise pose a threat to the well12 being of the unaccompanied alien 

13 child. 

14 ‘‘(cc) PROVISION OF INFOR15 MATION TO SECRETARY OF

16 HOMELAND SECURITY.—The Sec17 retary of Health and Human 

18 Services shall provide to the Sec19 retary of Homeland Security in20 formation relating to the sponsor, 

21 potential sponsor, and each mem22 ber of the household of the spon23 sor or potential sponsor, of each 

24 unaccompanied alien child. 


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1 ‘‘(III) PROGRAMS FOR UNACCOM2 PANIED ALIEN CHILDREN WITHOUT

3 SPONSORS.—In the case of an unac4 companied alien child who cannot be 

5 placed with a sponsor under item 

6 (aa), the Director of the Office of Ref7 ugee Resettlement may release the 

8 child to a program for unaccompanied 

9 alien minors, such as a program 

10 under section 412(d) of the Immigra11 tion and Nationality Act (8 U.S.C. 

12 1522(d)).’’; and 

13 (D) in subparagraph (C)— 

14 (i) by amending the subparagraph 

15 heading to read as follows: ‘‘AGREEMENTS

16 WITH FOREIGN COUNTRIES.—’’; and 

17 (ii) in the matter preceding clause (i), 

18 by striking ‘‘countries contiguous to the 

19 United States’’ and inserting ‘‘Canada, El 

20 Salvador, Guatemala, Honduras, Mexico, 

21 and any other foreign country the Sec22 retary considers appropriate’’; 

23 (2) by striking paragraph (3); 

24 (3) by redesignating paragraphs (4) and (5) as 

25 paragraphs (3) and (4), respectively; and 


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1 (4) in paragraph (4)(D), as so redesignated, by 

2 striking ‘‘from a contiguous country’’. 

3 (c) PROTECTING INTEGRITY OF SPECIAL IMMIGRANT

4 JUVENILE VISA PROGRAM.—Section 101(a)(27)(J) of the 

5 Immigration and Nationality Act (8 U.S.C. 

6 1101(a)(27)(J)) is amended— 

7 (1) in clause (i), by striking ‘‘, and whose’’ and 

8 all that follows through ‘‘State law’’; and 

9 (2) in clause (iii)— 

10 (A) in subclause (I), by striking ‘‘and’’ at 

11 the end; and 

12 (B) by adding at the end the following: 

13 ‘‘(III) an alien may not be grant14 ed special immigrant juvenile status 

15 under this subparagraph if the juve16 nile court determines that the alien 

17 may be returned to the legal custody 

18 of any parent of the alien; and 

19 ‘‘(IV)(aa) in assessing whether 

20 an alien is entitled to special immi21 grant juvenile classification under this 

22 subparagraph, the Secretary of Home23 land Security may, in the discretion of 

24 the Secretary, determine whether— 


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1 ‘‘(AA) an order of depend2 ency or custody issued for pur3 poses of clause (i) was issued 

4 during juvenile court abuse and 

5 neglect proceedings for the pur6 pose of providing permanency to 

7 an alien the parents of whom 

8 have been found to be unfit; and 

9 ‘‘(BB) such order was 

10 issued by a court of appropriate 

11 jurisdiction; and 

12 ‘‘(bb) notwithstanding any other 

13 provision of law, no court shall have 

14 jurisdiction to review a determination 

15 made by the Secretary of Homeland 

16 Security under this subclause;’’. 

17 (d) PAROLE REFORM.— 

18 (1) IN GENERAL.—Paragraph (5) of section 

19 212(d) (8 U.S.C. 1182(d)) is amended to read as 

20 follows: 

21 ‘‘(5) HUMANITARIAN AND SIGNIFICANT PUBLIC

22 BENEFIT PAROLE.— 

23 ‘‘(A) IN GENERAL.—Subject to the provi24 sions of this paragraph and section 214(f)(2), 

25 the Secretary of Homeland Security, in the sole 


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1 discretion of the Secretary of Homeland Secu2 rity, may, on an individual case-by-case basis 

3 and not according to eligibility criteria describ4 ing an entire class of potential parole recipients, 

5 parole an alien into the United States tempo6 rarily, under such conditions as the Secretary of 

7 Homeland Security may prescribe, only— 

8 ‘‘(i) for an urgent humanitarian rea9 son (as described under subparagraph 

10 (B)); or 

11 ‘‘(ii) for a reason deemed strictly for 

12 the significant public benefit (as described 

13 under subparagraph (C)). 

14 ‘‘(B) HUMANITARIAN PAROLE.—The Sec15 retary of Homeland Security may parole an 

16 alien based on an urgent humanitarian reason 

17 described in this subparagraph only if— 

18 ‘‘(i) the alien has a medical emergency 

19 and the alien cannot obtain necessary 

20 treatment in the foreign state in which the 

21 alien is residing or the medical emergency 

22 is life-threatening and there is insufficient 

23 time for the alien to be admitted through 

24 the normal visa process; 


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1 ‘‘(ii) the alien is the legal guardian or 

2 otherwise has legal authority to make med3 ical decisions on behalf of an alien de4 scribed in clause (i); 

5 ‘‘(iii) the alien is needed in the United 

6 States in order to donate an organ or 

7 other tissue for transplant into an imme8 diate family member and there is insuffi9 cient time for the alien to be admitted 

10 through the normal visa process; 

11 ‘‘(iv) the alien has an immediate fam12 ily member in the United States whose 

13 death is imminent and the alien could not 

14 arrive in the United States in time to see 

15 such family member alive if the alien were 

16 to be admitted through the normal visa 

17 process; 

18 ‘‘(v) the alien is a lawful applicant for 

19 adjustment of status under section 245; or 

20 ‘‘(vi) the alien was lawfully granted 

21 status under section 208 or lawfully admit22 ted under section 207. 

23 ‘‘(C) SIGNIFICANT PUBLIC BENEFIT PA24 ROLE.—The Secretary of Homeland Security 

25 may parole an alien based on a reason deemed 


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1 strictly for the significant public benefit de2 scribed in this subparagraph only if— 

3 ‘‘(i) the presence of the alien is nec4 essary in a matter such as a criminal in5 vestigation or prosecution, espionage activ6 ity, or other similar law enforcement or in7 telligence-related activity; 

8 ‘‘(ii) the presence of the alien is nec9 essary in a civil matter concerning the ter10 mination of parental rights; 

11 ‘‘(iii) the alien has previously assisted 

12 the United States Government in a matter 

13 described in clause (i) and the life of the 

14 alien would be threatened if the alien were 

15 not permitted to enter the United States; 

16 ‘‘(iv) in the case of an alien detained 

17 under section 235, it is necessary to re18 lease from detention and grant parole to 

19 the alien due to a safety concern or for the 

20 preservation of life and property, including 

21 in the case of— 

22 ‘‘(I) lack of adequate bed space 

23 in a detention facility; or 

24 ‘‘(II) an alien who has a serious 

25 medical condition such that continued 


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1 detention would be life-threatening or 

2 would risk serious bodily injury, dis3 figurement, or permanent disability; 

4 or 

5 ‘‘(v) in the case of an alien returned 

6 to a foreign territory contiguous to the 

7 United States pursuant to section 

8 235(b)(2)(C), it is necessary to parole the 

9 alien into the United States for an immi10 gration proceeding. 

11 ‘‘(D) LIMITATION ON THE USE OF PAROLE

12 AUTHORITY.—The Secretary of Homeland Se13 curity may not use the parole authority under 

14 this paragraph— 

15 ‘‘(i) to circumvent immigration policy 

16 established by law; 

17 ‘‘(ii) to admit classes of aliens who do 

18 not qualify for admission under established 

19 legal immigration categories; or 

20 ‘‘(iii) to supplement established immi21 gration categories without an Act of Con22 gress. 

23 ‘‘(E) PAROLE NOT AN ADMISSION.—Parole 

24 of an alien under this paragraph shall not be 

25 considered an admission of the alien into the 


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1 United States. When the purposes of the parole 

2 of an alien have been served, or such parole is 

3 revoked, as determined by the Secretary of 

4 Homeland Security, the alien shall immediately 

5 return or be returned to the custody from which 

6 the alien was paroled and the alien shall be con7 sidered for admission to the United States on 

8 the same basis as other similarly situated appli9 cants for admission. 

10 ‘‘(F) REPORT TO CONGRESS.—Not later 

11 than 90 days after the end of each fiscal year, 

12 the Secretary of Homeland Security shall sub13 mit a report to the Committee on the Judiciary 

14 of the Senate and the Committee on the Judici15 ary of the House of Representatives describing 

16 the number and categories of aliens paroled 

17 into the United States under this paragraph. 

18 Each such report shall contain information and 

19 data concerning the number and categories of 

20 aliens paroled, the duration of parole, and the 

21 current status of aliens paroled during the pre22 ceding fiscal year.’’. 

23 (2) EFFECTIVE DATE.—The amendment made 

24 by paragraph (1) shall take effect on the first day 


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1 of the first month beginning more than 60 days 

2 after the date of the enactment of this Act. 

3 SEC. 3. ENDING ABUSE OF ASYLUM SYSTEM. 

4 (a) STANDARDS TO DETER FRAUD AND ADVANCE

5 MERITORIOUS ASYLUM CLAIMS.—Section 235(b)(1)(B) of 

6 the Immigration and Nationality Act (8 U.S.C. 

7 1225(b)(1)(B)) is amended— 

8 (1) by amending clause (v) to read as follows: 

9 ‘‘(v) CREDIBLE FEAR OF PERSECU10 TION.— 

11 ‘‘(I) IN GENERAL.—For purposes 

12 of this subparagraph, the term ‘cred13 ible fear of persecution’ means that it 

14 is more likely than not that the alien 

15 would be able to establish eligibility 

16 for asylum under section 208— 

17 ‘‘(aa) taking into account 

18 such facts as are known to the 

19 officer; and 

20 ‘‘(bb) only if the officer has 

21 determined, under subsection 

22 (b)(1)(B)(iii) of such section, 

23 that it is more likely than not 

24 that the statements made by the 


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1 alien or on behalf of the alien are 

2 true. 

3 ‘‘(II) BARS TO ASYLUM.—An 

4 alien shall not be determined to have 

5 a credible fear of persecution if the 

6 alien is prohibited from applying for 

7 or receiving asylum, including an alien 

8 subject to a limitation or condition 

9 under subsection (a)(2) or (b)(2) (in10 cluding a regulation promulgated 

11 under such subsection) of section 

12 208.’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(vi) ELIGIBILITY FOR RELIEF.— 

15 ‘‘(I) CREDIBLE FEAR REVIEW BY

16 IMMIGRATION JUDGE.—An alien de17 termined to have a credible fear of 

18 persecution shall be referred to an im19 migration judge for review of such de20 termination, which shall be limited to 

21 a determination whether the alien— 

22 ‘‘(aa) is eligible for asylum 

23 under section 208, withholding of 

24 removal under section 241(b)(3), 

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1 tion against Torture and Other 

2 Cruel, Inhuman or Degrading 

3 Treatment or Punishment, done 

4 at New York, December 10, 1984 

5 (referred to in this clause as the 

6 ‘Convention Against Torture)’; 

7 and 

8 ‘‘(bb) merits a grant of asy9 lum in the exercise of discretion. 

10 ‘‘(II) ALIENS WITH REASONABLE

11 FEAR OF PERSECUTION.— 

12 ‘‘(aa) IN GENERAL.—Except 

13 as provided in item (bb), if an 

14 alien referred under subpara15 graph (A)(ii) is determined to 

16 have a reasonable fear of perse17 cution or torture, the alien shall 

18 be eligible only for consideration 

19 of an application for withholding 

20 of removal under section 

21 241(b)(3) or protection under the 

22 Convention Against Torture. 

23 ‘‘(bb) EXCEPTION.—An 

24 alien shall not be eligible for con25 sideration of an application for 


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1 relief under item (aa) if the fail2 ure of the alien to establish a 

3 credible fear of persecution pre4 cludes the alien from eligibility 

5 for such relief. 

6 ‘‘(cc) LIMITATION.—An 

7 alien whose application for relief 

8 is adjudicated under item (aa) 

9 shall not be eligible for any other 

10 form of relief or protection from 

11 removal. 

12 ‘‘(vii) INELIGIBILITY FOR REMOVAL

13 PROCEEDINGS.—An alien referred under 

14 subparagraph (A)(ii) shall not be eligible 

15 for a hearing under section 240.’’. 

16 (b) APPLICATIONS FOR ASYLUM.—Section 208 of the 

17 Immigration and Nationality Act (8 U.S.C. 1158) is 

18 amended— 

19 (1) in subsection (a)— 

20 (A) by striking paragraph (1) and insert21 ing the following: 

22 ‘‘(1) IN GENERAL.—Only an alien who has en23 tered the United States through a designated port of 

24 entry may apply for asylum under this section or 

25 section 235(b), as applicable.’’; and 


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1 (B) in paragraph (2)— 

2 (i) in subparagraph (A), by striking ‘‘, 

3 pursuant to a bilateral or multilateral 

4 agreement,’’; and 

5 (ii) in subparagraph (E), by striking 

6 ‘‘Subparagraphs (A) and (B)’’ and insert7 ing ‘‘Subparagraph (A)’’; and 

8 (2) in subsection (b)(3), by striking subpara9 graph (C). 

10 (c) AUTHORITY FOR CERTAIN ALIENS TO APPLY FOR

11 ASYLUM.—Section 208(a)(2) of the Immigration and Na12 tionality Act (8 U.S.C. 1158(a)(2)) is amended by adding 

13 at the end the following: 

14 ‘‘(F) INELIGIBILITY FOR ASYLUM.— 

15 ‘‘(i) IN GENERAL.—Notwithstanding 

16 any other provision of law, including para17 graph (1), except as provided in clause (ii), 

18 an alien is ineligible for asylum if the 

19 alien— 

20 ‘‘(I) has been convicted of a fel21 ony; 

22 ‘‘(II) is inadmissible under sec23 tion 212(a) (except paragraphs (4), 

24 (5), and (7)); 


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1 ‘‘(III) has been previously re2 moved from the United States; or 

3 ‘‘(IV) is a national or habitual 

4 resident of— 

5 ‘‘(aa) a country in Central 

6 America that has a refugee appli7 cation and processing center; or 

8 ‘‘(bb) a country contiguous 

9 to such a country (other than 

10 Mexico). 

11 ‘‘(ii) EXCEPTION.—Notwithstanding 

12 clause (i), paragraph (1) shall not apply to 

13 any alien who is present in the United 

14 States on the date of the enactment of this 

15 subparagraph.’’. 

16 SEC. 4. ESTABLISHMENT OF REFUGEE APPLICATION AND 

17 PROCESSING CENTERS. 

18 (a) DEFINITION.—Section 101(a) of the Immigration 

19 and Nationality Act (8 U.S.C. 1101(a)) is amended by 

20 adding at the end the following: 

21 ‘‘(53) The term ‘refugee application and proc22 essing center’— 

23 ‘‘(A) means a facility designated under sec24 tion 207(g) by the Secretary of State to accept 


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1 and process applications for refugee admissions 

2 to the United States; and 

3 ‘‘(B) may include a United States em4 bassy, consulate, or other diplomatic facility.’’. 

5 (b) DESIGNATION.—Section 207 of the Immigration 

6 and Nationality Act (8 U.S.C. 1157) is amended by add7 ing at the end the following: 

8 ‘‘(g) REFUGEE APPLICATION AND PROCESSING CEN9 TERS.— 

10 ‘‘(1) DESIGNATION.—Not later than 240 days 

11 after the date of the enactment of this subsection, 

12 the Secretary of State, in consultation with the Sec13 retary of Homeland Security, shall designate refugee 

14 application and processing centers outside the 

15 United States. 

16 ‘‘(2) LOCATIONS.—The Secretary of State shall 

17 establish— 

18 ‘‘(A) not fewer than 1 refugee application 

19 and processing center in Mexico; and 

20 ‘‘(B) not fewer than 3 refugee application 

21 and processing centers in Central America at 

22 locations selected by the Secretary of State, in 

23 consultation with the Secretary of Homeland 

24 Security. 


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1 ‘‘(3) DUTIES OF SECRETARY OF STATE.—The 

2 Secretary of State, in coordination with the Sec3 retary of Homeland Security, shall ensure that any 

4 alien who is a national or habitual resident of a 

5 country in which a refugee application and proc6 essing center is located, or a country contiguous to 

7 such a country, may apply for refugee status at a 

8 refugee application and processing center. 

9 ‘‘(4) ADJUDICATION BY REFUGEE OFFICERS.— 

10 An application for refugee status submitted to a ref11 ugee application and processing center shall be adju12 dicated by a refugee officer. 

13 ‘‘(5) PRIORITY.—The Secretary of State shall 

14 ensure that refugee application and processing cen15 ters accord priority to applications submitted— 

16 ‘‘(A) by aliens who have been referred by 

17 an authorized nongovernmental organization, as 

18 determined by the Secretary of State; 

19 ‘‘(B) not later than 90 days after the date 

20 on which such referral is made; and 

21 ‘‘(C) in accordance with the requirements 

22 and procedures established by the Secretary of 

23 State under this subsection. 

24 ‘‘(6) APPLICATION FEES.— 


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1 ‘‘(A) IN GENERAL.—The Secretary of 

2 State and the Secretary of Homeland Security 

3 shall charge, collect, and account for fees pre4 scribed by each such Secretary pursuant to sub5 sections (m) and (n) of section 286 and section 

6 9701 of title 31, United States Code, for the 

7 purpose of receiving, docketing, processing, and 

8 adjudicating an application under this sub9 section. 

10 ‘‘(B) BASIS FOR FEES.—The fees pre11 scribed under subparagraph (A) shall be based 

12 on a consideration of the amount necessary to 

13 deter frivolous applications and the cost for 

14 processing the application, including the imple15 mentation of program integrity and anti-fraud 

16 measures.’’. 

17 (c) SUNSET.—The amendments made by this section 

18 shall cease to be effective beginning on the date that is 

19 three years and 240 days after the date of the enactment 

20 of this Act. 

21 SEC. 5. REGULATIONS. 

22 Notwithstanding section 553(b) of title 5, United 

23 States Code, not later than 210 days after the date of 

24 the enactment of this Act, the Secretary of Homeland Se25 curity and the Attorney General shall, jointly or sepaVerDate Sep 11 2014 01:06 Mar 03, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S425.IS S425

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1 rately, publish in the Federal Register interim final rules 

2 to implement the amendments made by section 3(c) and 

3 section 4. 

4 SEC. 6. HIRING AUTHORITY. 

5 (a) IMMIGRATION JUDGES.—The Attorney General 

6 shall increase— 

7 (1) the number of immigration judges by not 

8 fewer than an additional 500 judges, as compared to 

9 the number of immigration judges as of the date of 

10 the enactment of this Act; and 

11 (2) the corresponding number of support staff, 

12 as necessary. 

13 (b) IMMIGRATION AND CUSTOMS ENFORCEMENT AT14 TORNEYS.—The Director of U.S. Immigration and Cus15 toms Enforcement shall increase the number of attorneys 

16 and staff employed by U.S. Immigration and Customs En17 forcement by the number that is consistent with the work18 load staffing model to support the increase in immigration 

19 judges. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated such sums as may be 

22 necessary for— 

23 (1) the hiring of immigration judges, support 

24 staff, and U.S. Immigration and Customs Enforce25 ment attorneys under this section; and 


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1 (2) the lease, purchase, or construction of facili2 ties or equipment (including video teleconferencing 

3 equipment and equipment for electronic filing of im4 migration cases), and the transfer of federally owned 

5 temporary housing units to serve as facilities, for— 

6 (A) the increased number of immigration 

7 judges, attorneys, and support staff under this 

8 section; and 

9 (B) conducting immigration court pro10 ceedings in close proximity to the locations at 

11 which aliens are apprehended and detained. 

Æ 


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