I 

116TH CONGRESS 

1ST SESSION H. R. 3524 

To support the people of Central America and strengthen United States 

national security by addressing the root causes of migration from El 

Salvador, Guatemala and Honduras, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 27, 2019 

Ms. LOFGREN (for herself, Mr. COHEN, Mr. CORREA, Mr. COX of California, 

Ms. DEAN, Mr. DESAULNIER, Ms. ESCOBAR, Ms. ESHOO, Mr. 

ESPAILLAT, Mr. GARAMENDI, Ms. GARCIA of Texas, Mr. HORSFORD, Ms. 

JAYAPAL, Mr. JOHNSON of Georgia, Mr. KENNEDY, Mr. KHANNA, Mr. 

MCGOVERN, Ms. MENG, Mr. NADLER, Ms. NORTON, Mr. RASKIN, Ms. 

ROYBAL-ALLARD, Ms. SCANLON, Mr. SMITH of Washington, Mr. TONKO, 

Mr. WELCH, Mr. PETERS, and Ms. JUDY CHU of California) introduced 

the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Education and 

Labor, Armed Services, Intelligence (Permanent Select), Financial Services, Homeland Security, Ways and Means, and Agriculture, 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 support the people of Central America and strengthen 

United States national security by addressing the root 

causes of migration from El Salvador, Guatemala and 

Honduras, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Northern Triangle and Border Stabilization Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ADDRESSING THE ROOT CAUSES OF MIGRATION AND 

PROMOTING RULE OF LAW, SECURITY, AND ECONOMIC DEVELOPMENT IN CENTRAL AMERICA 

Sec. 101. United States strategy for engagement in Central America. 

Sec. 102. United States coordinator on the strategy for engagement in Central 

America. 

Sec. 103. Requirement for strategy to secure support of international donors 

and partners. 

Sec. 104. Strengthening the rule of law and combating corruption. 

Sec. 105. Combating criminal violence and improving citizen security. 

Sec. 106. Combating sexual, gender-based, and domestic violence. 

Sec. 107. Tackling extreme poverty and advancing economic development. 

Sec. 108. Conditions, limitations, and certifications on United States assistance. 

Sec. 109. Limitations on funding. 

TITLE II—ADDRESSING MIGRATION NEEDS BY STRENGTHENING 

REGIONAL HUMANITARIAN RESPONSES FOR REFUGEES AND 

ASYLUM SEEKERS IN THE WESTERN HEMISPHERE 

Sec. 201. Expanding refugee and asylum processing in the western hemisphere. 

Sec. 202. Further strengthening regional humanitarian responses in the western hemisphere. 

Sec. 203. Information campaign on dangers of irregular migration. 

Sec. 204. Definitions. 

Sec. 205. Reporting requirement. 

TITLE III—MANAGING MIGRATION THROUGH REFUGEE RESETTLEMENT, COMPLEMENTARY PATHWAYS, AND STRENGTHENING REPATRIATION INITIATIVES. 

Sec. 301. Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States. 

Sec. 302. Registration and intake. 

Sec. 303. Central American refugee program. 

Sec. 304. Central American minors program. 

Sec. 305. Central American family reunification parole program. 

Sec. 306. Central American worker referral program. 

Sec. 307. Informational campaign; case status hotline. 

TITLE IV—IMPROVING BORDER INFRASTRUCTURE FOR FAMILIES 

AND CHILDREN; CRACKING DOWN ON CRIMINAL ORGANIZATIONS. 


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Sec. 401. Additional U.S. Customs and Border Protection personnel. 

Sec. 402. Ports of entry infrastructure enhancement report. 

Sec. 403. General short-term custody standards in Customs and Border Protection facilities. 

Sec. 404. Standards for children in the short-term custody of Customs and 

Border Protection. 

Sec. 405. Child welfare at the border. 

Sec. 406. Enhanced investigation and prosecution of human smuggling networks and trafficking organizations. 

Sec. 407. Enhanced penalties for organized smuggling schemes. 

Sec. 408. Expanding financial sanctions on narcotics trafficking and money 

laundering. 

Sec. 409. Support for FBI Transnational Anti-Gang Task Forces for countering criminal gangs. 

Sec. 410. Hindering immigration, border, and customs controls. 

Sec. 411. Office of Inspector General Oversight. 

Sec. 412. Fatality reporting. 

Sec. 413. Establishment of the Office of Ombudsman for Border and Immigration Related Concerns. 

TITLE V—PROMOTING EFFICIENT PROCESSING OF ASYLUM 

SEEKERS; ADDRESSING IMMIGRATION COURT BACKLOGS; EFFICIENT REPATRIATION OF MIGRANTS ORDERED REMOVED. 

Sec. 501. Joint Task Force to address rise in migrants. 

Sec. 502. Incentivizing applications at ports of entry. 

Sec. 503. Streamlining intake of asylum seekers. 

Sec. 504. Prioritizing prosecution resources for illegal entry. 

Sec. 505. Expanding alternatives to detention. 

Sec. 506. Eliminating immigration court backlogs. 

Sec. 507. Improved training for immigration judges and members of the Board 

of Immigration Appeals. 

Sec. 508. New technology to improve court efficiency. 

Sec. 509. Court appearance compliance and legal orientation. 

Sec. 510. Improving court efficiency and reducing costs by increasing access to 

legal information. 

Sec. 511. Facilitating safe and efficient repatriation. 

TITLE VI—PROTECTING FAMILY VALUES AND MONITORING AND 

CARING FOR UNACCOMPANIED ALIEN CHILDREN AFTER ARRIVAL. 

Sec. 601. Limitation on the separation of families. 

Sec. 602. Family reunification. 

Sec. 603. Prohibiting use of certain information. 

Sec. 604. Responsibility of sponsor for immigration court compliance and child 

well-being. 

Sec. 605. Monitoring unaccompanied alien children. 

Sec. 606. Funding to school districts for unaccompanied alien children. 

Sec. 607. School enrollment. 

Sec. 608. Definitions. 


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1 TITLE I—ADDRESSING THE 

2 ROOT CAUSES OF MIGRATION 

3 AND PROMOTING RULE OF 

4 LAW, SECURITY, AND ECO5 NOMIC DEVELOPMENT IN 

6 CENTRAL AMERICA 

7 SEC. 101. UNITED STATES STRATEGY FOR ENGAGEMENT IN 

8 CENTRAL AMERICA. 

9 (a) IN GENERAL.—Not later than 90 days after the 

10 date of the enactment of this Act, the Secretary of State 

11 shall submit to Congress a 5-year, interagency strategy, 

12 to be known as the ‘‘United States Strategy for Engage13 ment in Central America’’ (hereinafter referred to as the 

14 ‘‘Strategy’’), to advance reforms in Central American 

15 countries and address the key factors contributing to the 

16 flight of families, unaccompanied alien children, and other 

17 individuals to the United States. 

18 (b) ELEMENTS.—The Strategy under subsection (a) 

19 shall include efforts to— 

20 (1) strengthen the rule of law, improve access 

21 to justice, bolster the effectiveness and independence 

22 of judicial systems and public prosecutors’ offices, 

23 and improve the effectiveness of civilian police 

24 forces; 


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1 (2) combat corruption and improve public sec2 tor transparency; 

3 (3) confront and counter the violence, extortion 

4 and other crimes perpetrated by armed criminal 

5 gangs, illicit trafficking organizations, and organized 

6 crime, and disrupt recruitment efforts by such orga7 nizations; 

8 (4) disrupt money laundering and other illicit 

9 financial operations of criminal networks, armed 

10 gangs, illicit trafficking organizations, and human 

11 smuggling networks; 

12 (5) strengthen democratic governance and pro13 mote greater respect for internationally recognized 

14 human rights, labor rights, fundamental freedoms, 

15 and the media, including through the protection of 

16 human rights and environmental defenders, other 

17 civil society activists, and journalists; 

18 (6) enhance accountability for government offi19 cials, including police and security force personnel, 

20 credibly alleged to have committed serious violations 

21 of human rights or other crimes; 

22 (7) enhance the capability of Central American 

23 governments to protect and provide for vulnerable 

24 and at-risk populations; 


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1 (8) address the underlying causes of poverty 

2 and inequality, and the constraints to inclusive eco3 nomic growth in Central America; and 

4 (9) prevent and respond to endemic levels of 

5 sexual, gender-based, and domestic violence. 

6 (c) COORDINATION AND CONSULTATION.—In formu7 lating the Strategy required under subsection (a), the Sec8 retary of State shall— 

9 (1) coordinate with the Secretary of the Treas10 ury, the Secretary of Defense, the Secretary of 

11 Homeland Security, the Attorney General, and the 

12 Administrator of the United States Agency for 

13 International Development; 

14 (2) consult with the Director of National Intel15 ligence; and 

16 (3) consult with national and local civil society 

17 organizations in Central America and the United 

18 States. 

19 (d) SUPPORT FOR CENTRAL AMERICAN EFFORTS.— 

20 To the degree feasible, the Strategy shall support or com21 plement efforts being carried out by the Governments of 

22 El Salvador, Guatemala, and Honduras under the Plan 

23 of the Alliance for Prosperity in the Northern Triangle 

24 (hereinafter referred to as the ‘‘Plan’’), in coordination 


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1 with the Inter-American Development Bank and other bi2 lateral and multilateral donors. 

3 (e) DEFINITIONS.—In this section— 

4 (1) the term the ‘‘Plan of the Alliance for Pros5 perity in the Northern Triangle’’ means the plan de6 veloped by the Governments of El Salvador, Guate7 mala, and Honduras, with the technical assistance of 

8 the Inter-American Development Bank, to address 

9 national security priorities, including rule of law and 

10 anti-corruption initiatives; and 

11 (2) the term ‘‘unaccompanied alien child’’ has 

12 the meaning given such term in section 269(g)(2) of 

13 the Homeland Security Act of 2002. 

14 SEC. 102. UNITED STATES COORDINATOR ON THE STRAT15 EGY FOR ENGAGEMENT IN CENTRAL AMER16 ICA. 

17 (a) DESIGNATION.—Not later than 30 days after the 

18 date of the enactment of this Act, the President shall des19 ignate a senior official to coordinate the Strategy. The of20 ficial shall report directly to the Secretary of State. 

21 (b) DUTIES.—The official designated under sub22 section (a) shall coordinate all efforts, activities, and pro23 grams related to the United States Strategy for Engage24 ment in Central America, including the following: 


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1 (1) Coordinating with the Department of State, 

2 the Department of Justice, the Department of De3 fense, the Department of the Treasury, the Depart4 ment of Homeland Security, the intelligence commu5 nity (as such term is defined in section 3(4) of the 

6 National Security Act of 1947 (50 U.S.C. 3003(4))), 

7 the United States Agency for International Develop8 ment, and international partners on efforts to— 

9 (A) dismantle and disrupt criminal gangs, 

10 illicit trafficking networks, illicit financial net11 works, human smuggling networks, and orga12 nized crime; 

13 (B) combat corruption, and strengthen the 

14 rule of law, democratic governance, and human 

15 rights protections; and 

16 (C) prevent and mitigate the effects of 

17 criminal gangs and other criminal organizations 

18 on vulnerable Central American populations. 

19 (2) Coordinating with the Department of State, 

20 the Department of Homeland Security, the United 

21 States Agency for International Development, and 

22 international partners, including the United Nations 

23 High Commissioner for Refugees, to increase protec24 tions for vulnerable Central American populations, 


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1 improve refugee processing, and strengthen asylum 

2 and migration systems throughout the region. 

3 (3) Coordinating with the Department of State, 

4 the Department of Agriculture, the United States 

5 Agency for International Development, the Depart6 ment of Labor, the Overseas Private Investment 

7 Corporation, the United States Trade and Develop8 ment Agency, and international partners, including 

9 the Inter-American Development Bank, to strength10 en the foundation for inclusive economic growth and 

11 improve food security, the investment climate, and 

12 protections for labor rights. 

13 (4) Coordinating with the Ambassador-at-Large 

14 for Global Women’s Issues, the Senior Coordinator 

15 for Gender Equality and Women’s Empowerment at 

16 the United States Agency for International Develop17 ment, the President and Chief Executive Officer of 

18 the Inter-American Foundation, and international 

19 partners to develop and implement new community20 based interventions to combat sexual, gender-based, 

21 and domestic violence. 

22 (c) CONSULTATION.—The official designated under 

23 subsection (a) shall consult multilateral organizations and 

24 institutions, and domestic and international civil society 


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1 organizations, in strategy development and implementa2 tion. 

3 SEC. 103. REQUIREMENT FOR STRATEGY TO SECURE SUP4 PORT OF INTERNATIONAL DONORS AND 

5 PARTNERS. 

6 (a) STRATEGY.—Not later than 90 days after the 

7 date of the enactment of this Act, the Secretary of State 

8 shall submit to the appropriate congressional committees 

9 a 3-year strategy that— 

10 (1) describes how the United States will secure 

11 support from international donors and regional part12 ners to enhance the implementation of the Strategy; 

13 (2) identifies governments that are willing to 

14 provide financial and technical assistance for the im15 plementation of the Strategy and a description of 

16 such assistance; and 

17 (3) identifies the financial and technical assist18 ance to be provided by multilateral institutions, in19 cluding the Inter-American Development Bank, the 

20 World Bank, the International Monetary Fund, the 

21 Andean Development Corporation - Development 

22 Bank of Latin America, and the Organization of 

23 American States, and a description of such assist24 ance. 


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1 (b) DIPLOMATIC ENGAGEMENT AND COORDINA2 TION.—The Secretary of State, in coordination with the 

3 Secretary of the Treasury, as appropriate, shall— 

4 (1) carry out diplomatic engagement to secure 

5 contributions of financial and technical assistance 

6 from international donors and partners in support of 

7 the Strategy; and 

8 (2) take all necessary steps to ensure effective 

9 cooperation among international donors and part10 ners supporting the Strategy. 

11 (c) REPORT.—Not later than one year after submit12 ting the strategy under subsection (a) and annually there13 after, the Secretary of State shall submit to the appro14 priate congressional committees a report that describes— 

15 (1) the progress made in implementing the 

16 Strategy; and 

17 (2) the financial and technical assistance pro18 vided by international donors and partners, includ19 ing the multilateral institutions specified in sub20 section (a)(3). 

21 (d) DEFINITION.—In this section, the term ‘‘appro22 priate congressional committees’’ means— 

23 (1) the Committee on Foreign Affairs of the 

24 House of Representatives; 


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1 (2) the Committee on Appropriations of the 

2 House of Representatives; 

3 (3) the Committee on Foreign Relations of the 

4 Senate; and 

5 (4) the Committee on Appropriations of the 

6 Senate. 

7 SEC. 104. STRENGTHENING THE RULE OF LAW AND COM8 BATING CORRUPTION. 

9 There are authorized to be appropriated such sums 

10 as may be necessary to the Secretary of State and the 

11 Administrator of the United States Agency for Inter12 national Development to strengthen the rule of law, com13 bat corruption, consolidate democratic governance, and de14 fend human rights in Central American countries through 

15 the following activities: 

16 (1) Strengthening the rule of law in Central 

17 American countries by providing support for: 

18 (A) Attorney general offices, public pros19 ecutors, and the judiciary, including the en20 hancement of investigative and forensics capa21 bilities. 

22 (B) The promotion of independent, merit23 based selection processes for judges and pros24 ecutors, independent internal controls, and rel25 evant ethics and professional training, including 


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1 training on sexual, gender-based, and domestic 

2 violence. 

3 (C) The improvement of victim, witness, 

4 and whistleblower protection and access to jus5 tice. 

6 (D) The reform and improvement of prison 

7 facilities and management. 

8 (2) Combating corruption by providing support 

9 for: 

10 (A) Inspectors general and oversight insti11 tutions, including relevant training for inspec12 tors and auditors. 

13 (B) International commissions against im14 punity, including the International Commission 

15 against Impunity in Guatemala and the Sup16 port Mission against Corruption and Impunity 

17 in Honduras. 

18 (C) Civil society organizations conducting 

19 oversight of executive branch officials and func20 tions, police and security forces, and judicial of21 ficials and public prosecutors. 

22 (D) The enhancement of freedom of infor23 mation mechanisms. 

24 (3) Consolidating democratic governance by 

25 providing support for: 


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1 (A) The reform of civil services, related 

2 training programs, and relevant laws and proc3 esses that lead to independent, merit-based se4 lection processes. 

5 (B) National legislatures and their capac6 ity to conduct oversight of executive branch 

7 functions. 

8 (C) The reform and strengthening of polit9 ical party and campaign finance laws and elec10 toral tribunals. 

11 (D) Local governments and their capacity 

12 to provide critical safety, education, health, and 

13 sanitation services to citizens. 

14 (4) Defending human rights by providing sup15 port for: 

16 (A) Human rights ombudsman offices. 

17 (B) Government protection programs that 

18 provide physical protection and security to 

19 human rights defenders, journalists, trade 

20 unionists, whistleblowers, and civil society activ21 ists at risk. 

22 (C) Civil society organizations that pro23 mote and defend human rights, freedom of ex24 pression, freedom of the press, labor rights, en25 vironmental protection, and the rights of indiVerDate Sep 11 2014 20:12 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3524.IH H3524

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1 viduals with diverse sexual orientations or gen2 der identities. 

3 (D) Civil society organizations that address 

4 sexual, gender-based, and domestic violence, 

5 and that protect victims of such violence. 

6 SEC. 105. COMBATING CRIMINAL VIOLENCE AND IMPROV7 ING CITIZEN SECURITY. 

8 There are authorized to be appropriated such sums 

9 as may be necessary to the Secretary of State and the 

10 Administrator of the United States Agency for Inter11 national Development to counter the violence and crime 

12 perpetrated by armed criminal gangs, illicit trafficking or13 ganizations, and human smuggling networks in Central 

14 American countries through the following activities: 

15 (1) Countering criminal activity by providing 

16 assistance to civilian law enforcement, including sup17 port for— 

18 (A) the execution and management of com19 plex, multi-actor criminal cases; 

20 (B) the enhancement of intelligence collec21 tion capacity, and training on civilian intel22 ligence collection (including safeguards for pri23 vacy and basic civil liberties), investigative tech24 niques, forensic analysis, and evidence preserva25 tion; 


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1 (C) community policing policies and pro2 grams; 

3 (D) the enhancement of capacity to iden4 tify, investigate, and prosecute crimes involving 

5 sexual, gender-based, and domestic violence; 

6 and 

7 (E) port, airport, and border security sys8 tems, including—computer infrastructure and 

9 data management systems, secure communica10 tions technologies, nonintrusive inspection 

11 equipment, radar and aerial surveillance equip12 ment, and canine units. 

13 (2) Disrupting illicit financial networks, includ14 ing by providing support for— 

15 (A) finance ministries, including for the 

16 imposition of financial sanctions to block the 

17 assets of individuals and organizations involved 

18 in money laundering and the financing of 

19 armed criminal gangs, illicit trafficking net20 works, human smuggling networks, and orga21 nized crime; 

22 (B) financial intelligence units, including 

23 the establishment and enhancement of anti24 money laundering programs; and 

25 (C) the reform of bank secrecy laws. 


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1 (3) Professionalizing civilian police forces by 

2 providing support for— 

3 (A) the reform of personnel recruitment, 

4 vetting and dismissal processes, including the 

5 enhancement of polygraph capability for use in 

6 such processes; 

7 (B) inspectors general and oversight of8 fices, including relevant training for inspectors 

9 and auditors, and independent oversight mecha10 nisms, as appropriate; and 

11 (C) training and the development of proto12 cols regarding the appropriate use of force and 

13 human rights. 

14 (4) Improving crime prevention, and reducing 

15 violence, extortion, child recruitment into gangs, and 

16 sexual slavery by providing support for— 

17 (A) the improvement of child protection 

18 systems; 

19 (B) the enhancement of programs for at20 risk youth, including the improvement of com21 munity centers and programs aimed at success22 fully reinserting former gang members; 

23 (C) livelihood programming that provides 

24 youth and other at-risk individuals with legal 


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1 and sustainable alternatives to gang member2 ship; 

3 (D) safe shelter and humanitarian re4 sponses for victims of crime and internal dis5 placement; and 

6 (E) programs to receive and effectively re7 integrate repatriated migrants in El Salvador, 

8 Guatemala, and Honduras. 

9 SEC. 106. COMBATING SEXUAL, GENDER-BASED, AND DO10 MESTIC VIOLENCE. 

11 There are authorized to be appropriated such sums 

12 as may be necessary for the Secretary of State and the 

13 Administrator of the United States Agency for Inter14 national Development to counter sexual, gender-based, 

15 and domestic violence in Central American countries 

16 through the following activities: 

17 (1) Broadening engagement among national 

18 and local institutions to address sexual, gender19 based, and domestic violence. 

20 (2) Supporting educational initiatives to reduce 

21 sexual, gender-based, and domestic violence. 

22 (3) Supporting outreach efforts tailored to meet 

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1 nerable individuals at risk of violence and exploi2 tation. 

3 (4) Formalizing standards of care and confiden4 tiality at police, health facilities, and other govern5 ment facilities. 

6 (5) Establishing accountability mechanisms for 

7 perpetrators of violence. 

8 SEC. 107. TACKLING EXTREME POVERTY AND ADVANCING 

9 ECONOMIC DEVELOPMENT. 

10 There are authorized to be appropriated such sums 

11 as may be necessary for the Secretary of State and the 

12 Administrator of the United States Agency for Inter13 national Development to tackle extreme poverty and the 

14 underlying causes of poverty in Central American coun15 tries through the following activities: 

16 (1) Strengthening human capital, including by 

17 providing support for— 

18 (A) workforce development and entrepre19 neurship training programs that are driven by 

20 market demand, including programs that 

21 prioritize women, at-risk youth, and indigenous 

22 communities; 

23 (B) improving early-grade literacy, and 

24 primary and secondary school curricula; 


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1 (C) relevant professional training for 

2 teachers and educational administrators; 

3 (D) educational policy reform and improve4 ment of education sector budgeting; and 

5 (E) establishment and expansion of safe 

6 schools and related facilities for children. 

7 (2) Enhancing economic competitiveness and 

8 investment climate by providing support for— 

9 (A) small business development centers 

10 and programs that strengthen supply chain in11 tegration; 

12 (B) the improvement of protections for in13 vestors, including dispute resolution and arbi14 tration mechanisms; 

15 (C) trade facilitation and customs harmo16 nization programs; and 

17 (D) reducing energy costs through invest18 ments in clean technologies and the reform of 

19 energy policies and regulations. 

20 (3) Strengthening food security, including by 

21 providing support for: 

22 (A) Small and medium-scale sustainable 

23 agriculture, including by providing technical 

24 training, improving access to credit, and pro25 moting policies and programs that incentivize 


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1 government agencies and private institutions to 

2 buy from local producers. 

3 (B) Agricultural value chain development 

4 for farming communities. 

5 (C) Nutrition programs to reduce child6 hood malnutrition and stunting rates. 

7 (D) Mitigation, adaptation, and recovery 

8 programs in response to natural disasters and 

9 other external shocks. 

10 (4) Improving fiscal and financial affairs, in11 cluding by providing support for— 

12 (A) domestic revenue generation, including 

13 programs to improve tax administration, collec14 tion, and enforcement; 

15 (B) strengthening public sector financial 

16 management, including strategic budgeting and 

17 expenditure tracking; and 

18 (C) reform of customs and procurement 

19 policies and processes. 

20 SEC. 108. CONDITIONS, LIMITATIONS, AND CERTIFI21 CATIONS ON UNITED STATES ASSISTANCE. 

22 (a) ASSISTANCE FUNDING WITHOUT CONDITION.— 

23 The Secretary of State or the Administrator of the United 

24 States Agency for International Development, as appro25 priate, may obligate up to 25 percent of the funds made 


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1 available for the Governments of El Salvador, Guatemala, 

2 and Honduras to carry out the United States Strategy for 

3 Engagement in Central America. 

4 (b) CONDITIONS RELATED TO COMBATTING SMUG5 GLING AND PROVIDING FOR SCREENING AND SAFETY OF

6 MIGRANTS.—In addition, 25 percent of the funds that are 

7 made available for assistance for the Governments of El 

8 Salvador, of Guatemala, and of Honduras to carry out the 

9 United States Strategy for Engagement in Central Amer10 ica may only be made available after the Secretary of 

11 State, in consultation with the Secretary of Homeland Se12 curity, consults with, and subsequently certifies and re13 ports to the appropriate congressional committees that 

14 such governments are taking effective steps, in addition 

15 to steps taken during previous years, to— 

16 (1) combat human smuggling networks and 

17 trafficking organizations, including investigating, 

18 prosecuting, and increasing penalties for individuals 

19 responsible for such crimes; 

20 (2) improve border security and border screen21 ing to detect and deter illicit smuggling and traf22 ficking, while respecting the rights of individuals 

23 fleeing violence and seeking asylum or other forms 

24 of protection, in accordance with regional and inter25 national law; 


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1 (3) cooperate with United States Government 

2 agencies and other governments in the region to fa3 cilitate the safe and timely repatriation of migrants 

4 who are not found to have a well-founded fear of 

5 persecution or other serious harm, in accordance 

6 with international law; 

7 (4) improve reintegration services, in open part8 nership with civil society organizations, for repatri9 ated migrants in a manner that ensures the safety 

10 and well-being of the individual and reduces the like11 lihood of repeated migration to the United States; 

12 and 

13 (5) cooperate with the United Nations High 

14 Commissioner for Refugees to improve protections 

15 for, and the processing of, vulnerable populations 

16 fleeing violence. 

17 (c) CONDITIONS RELATED TO PROGRESS ON SPE18 CIFIC ISSUES.— 

19 (1) EFFECTIVE IMPLEMENTATION.—In addi20 tion, 50 percent of the funds that are made available 

21 for assistance for the Governments of El Salvador, 

22 of Guatemala, and of Honduras to carry out the 

23 United States Strategy for Engagement in Central 

24 America may only be made available after the Sec25 retary consults with, and subsequently certifies and 


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1 reports to, the appropriate congressional committees 

2 that such governments are meeting these conditions 

3 in their respective countries, in addition to steps 

4 taken during the previous calendar year, to— 

5 (A) combat corruption, including inves6 tigating and prosecuting government officials, 

7 military personnel, and civilian police officers 

8 credibly alleged to be corrupt; 

9 (B) implement reforms and strengthen the 

10 rule of law, including increasing the capacity 

11 and independence of the judiciary and public 

12 prosecutors; 

13 (C) counter the activities of armed crimi14 nal gangs, illicit trafficking networks, and orga15 nized crime; 

16 (D) establish and implement a plan to cre17 ate a professional, accountable civilian police 

18 force and curtail the role of the military in in19 ternal policing; 

20 (E) investigate and prosecute, through the 

21 civilian justice system, military and police per22 sonnel who are credibly alleged to have violated 

23 human rights, and to ensure that the military 

24 and the police are cooperating in such cases; 


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1 (F) counter and prevent domestic, sexual, 

2 and gender-based violence; 

3 (G) cooperate, as appropriate, with inter4 national human rights entities and international 

5 commissions against impunity, including the 

6 United Nations’ Commission against Impunity 

7 in Guatemala (CICIG), the Organization of 

8 American States’ Mission to Support the Fight 

9 against Corruption and Impunity in Honduras 

10 (MACCIH), and any other similar entities that 

11 may be established; 

12 (H) implement electoral and political re13 forms, including reforms related to improving 

14 the transparency of financing political cam15 paigns and political parties; 

16 (I) protect the right of political opposition 

17 parties, journalists, trade unionists, human 

18 rights defenders, whistleblowers, and other civil 

19 society activists to operate without interference; 

20 (J) increase government revenues, includ21 ing by enhancing tax collection, strengthening 

22 customs agencies, and reforming procurement 

23 processes; 


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1 (K) implement reforms to strengthen edu2 cational systems, vocational training programs, 

3 and programs for at-risk youth; 

4 (L) resolve commercial disputes, including 

5 the confiscation of real property, between 

6 United States entities and the respective gov7 ernments; and 

8 (M) implement a policy by which local 

9 communities, civil society organizations (includ10 ing indigenous and marginalized groups), and 

11 local governments are consulted in the design, 

12 implementation, and evaluation of the activities 

13 of the Plan that affect such communities, orga14 nizations, or governments. 

15 (2) ADDITIONAL ELEMENTS.—The Secretary of 

16 State may not certify that the Government of Guate17 mala is taking effective steps to address the issues 

18 listed in paragraph (1) until after the Government 

19 of Guatemala— 

20 (A) extends the mandate of the Inter21 national Commission against Impunity in Gua22 temala (CICIG) beyond 2019; and 

23 (B) permits the CICIG Commissioner and 

24 CICIG staff to carry out their work with gov25 ernment obstruction. 


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1 (3) EXCEPTION.—The certification and report2 ing requirements under paragraph (1) shall not 

3 apply to assistance provided to the International 

4 Commission against Impunity in Guatemala and the 

5 Mission to Support the Fight against Corruption 

6 and Impunity in Honduras. 

7 (d) REPROGRAMMING.— 

8 (1) IN GENERAL.—Funds withheld pursuant to 

9 the limitations described in subsections (b) and (c) 

10 shall be made available for programs in El Salvador, 

11 Guatemala, and Honduras that do not directly sup12 port the central governments of such countries. 

13 (2) EXCEPTION.—The limitations described in 

14 subsections (b) and (c) do not apply to funds au15 thorized to be appropriated by this Act for humani16 tarian assistance or global good security programs. 

17 SEC. 109. LIMITATIONS ON FUNDING. 

18 None of the amounts authorized to be appropriated 

19 pursuant to this title may be used or transferred to an20 other agency to assist in the removal or repatriation of 

21 any individual from a third country to his or her country 

22 of origin or to another country. 


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1 TITLE II—ADDRESSING MIGRA2 TION NEEDS BY STRENGTH3 ENING REGIONAL HUMANI4 TARIAN RESPONSES FOR REF5 UGEES AND ASYLUM SEEK6 ERS IN THE WESTERN HEMI7 SPHERE 

8 SEC. 201. EXPANDING REFUGEE AND ASYLUM PROCESSING 

9 IN THE WESTERN HEMISPHERE. 

10 (a) REFUGEE PROCESSING.—The Secretary of State, 

11 in consultation with the Secretary of Homeland Security, 

12 shall work with international partners, including the 

13 United Nations High Commissioner for Refugees, to sup14 port and strengthen the domestic capacity of countries in 

15 the Western Hemisphere to process and accept refugees 

16 for resettlement and adjudicate asylum claims, including 

17 by— 

18 (1) providing support and technical assistance 

19 to expand and improve the capacity to identify, proc20 ess, and adjudicate refugee claims, adjudicate appli21 cations for asylum, or otherwise accept refugees re22 ferred for resettlement by the United Nations High 

23 Commissioner for Refugees or host nations, includ24 ing by increasing the number of refugee and asylum 


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1 officers who are trained in the relevant legal stand2 ards for adjudicating claims for protection; 

3 (2) establishing and expanding safe and secure 

4 refugee reception centers to facilitate the safe and 

5 orderly movement of individuals and families seeking 

6 international protection; 

7 (3) improving national refugee and asylum reg8 istration systems to ensure that any person seeking 

9 refugee status, asylum, or other humanitarian pro10 tections— 

11 (A) receives due process and meaningful 

12 access to existing humanitarian protections; 

13 (B) is provided with adequate information 

14 about his or her rights, including the right to 

15 seek protection; 

16 (C) is properly screened for security, in17 cluding biographic and biometric capture; and 

18 (D) receives appropriate documents to pre19 vent fraud and ensure freedom of movement 

20 and access to basic social services; and 

21 (4) developing the capacity to conduct best in22 terest determinations for unaccompanied children 

23 with international protection needs to ensure that 

24 such children are properly registered and that their 

25 claims are appropriately considered. 


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1 (b) DIPLOMATIC ENGAGEMENT AND COORDINA2 TION.—The Secretary of State, in coordination with the 

3 Secretary of Homeland Security, as appropriate, shall— 

4 (1) carry out diplomatic engagement to secure 

5 commitments from governments to resettle refugees 

6 from Central America; and 

7 (2) take all necessary steps to ensure effective 

8 cooperation among governments resettling refugees 

9 from Central America. 

10 SEC. 202. FURTHER STRENGTHENING REGIONAL HUMANI11 TARIAN RESPONSES IN THE WESTERN HEMI12 SPHERE. 

13 The Secretary of State, in consultation with the Sec14 retary of Homeland Security, and in coordination with 

15 international partners, including the United Nations High 

16 Commissioner for Refugees, shall support and coordinate 

17 with the government of each country hosting a significant 

18 population of refugees and asylum seekers from El Sal19 vador, Guatemala, and Honduras to— 

20 (1) establish and expand temporary shelter and 

21 shelter network capacity to meet the immediate pro22 tection and humanitarian needs of refugees and asy23 lum seekers, including shelters for families, women, 

24 unaccompanied children, and other vulnerable popu25 lations; 


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1 (2) deliver gender-, trauma-, and age-sensitive 

2 humanitarian assistance to refugees and asylum 

3 seekers, including access to accurate information, 

4 legal representation, education, livelihood opportuni5 ties, cash assistance, and health care; 

6 (3) establish and expand sexual, gender-based, 

7 and domestic violence prevention, recovery, and hu8 manitarian programming; 

9 (4) fund national- and community-led humani10 tarian organizations in humanitarian response; and 

11 (5) support local integration initiatives to help 

12 refugees and asylum seekers rebuild their lives and 

13 contribute in a meaningful way to the local economy 

14 in their host country. 

15 SEC. 203. INFORMATION CAMPAIGN ON DANGERS OF IR16 REGULAR MIGRATION. 

17 (a) IN GENERAL.—The Secretary of State, in con18 sultation with the Secretary of Homeland Security, shall 

19 design and implement public information campaigns in El 

20 Salvador, Guatemala, and Honduras to— 

21 (1) disseminate information about the potential 

22 dangers of travel to the United States; 

23 (2) provide accurate information about United 

24 States immigration law and policy; and 


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1 (3) provide accurate information about the 

2 availability of asylum and other humanitarian pro3 tections in countries in the Western Hemisphere. 

4 (b) ELEMENTS.—The information campaigns imple5 mented pursuant to subsection (a) shall, to the greatest 

6 extent possible— 

7 (1) be targeted at regions with high rates of vi8 olence, high levels of out-bound migration, or signifi9 cant populations of internally displaced persons; 

10 (2) be in local languages; 

11 (3) employ a variety of communications media; 

12 and 

13 (4) be developed in consultation with program 

14 officials at the Department of Homeland Security, 

15 the Department of State, and other government, 

16 nonprofit, or academic entities in close contact with 

17 migrant populations from El Salvador, Guatemala, 

18 and Honduras, including repatriated migrants. 

19 SEC. 204. DEFINITIONS. 

20 In this title— 

21 (1) the term ‘‘internally displaced persons’’ 

22 means persons or groups of persons who have been 

23 forced to leave their homes or places of habitual res24 idence, in particular due to armed conflict, general25 ized violence, violations of human rights, or natural 


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1 or human-made disasters, and who have not crossed 

2 an internationally recognized state border; 

3 (2) the term ‘‘international protection’’ means 

4 asylum status, refugee status, protection under the 

5 Convention Against Torture, and other regional pro6 tection status available in the Western Hemisphere; 

7 and 

8 (3) the term ‘‘best interest determination’’ 

9 means a formal process with procedural safeguards 

10 designed to give primary consideration to the child’s 

11 best interests in decisionmaking. 

12 SEC. 205. REPORTING REQUIREMENT. 

13 Not later than 90 days after the date of the enact14 ment of this Act, the Secretary of State, in consultation 

15 with the Secretary of Homeland Security, shall submit a 

16 report describing the plans of the Secretary of State to 

17 assist in developing the refugee and asylum processing ca18 pabilities described in this title to— 

19 (1) the Committee on the Judiciary of the 

20 House of Representatives; 

21 (2) the Committee on Foreign Affairs of the 

22 House of Representatives; 

23 (3) the Committee on Appropriations of the 

24 House of Representatives; 


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1 (4) the Committee on the Judiciary of the Sen2 ate; 

3 (5) the Committee on Foreign Relations of the 

4 Senate; and 

5 (6) the Committee on Appropriations of the 

6 Senate. 

7 TITLE III—MANAGING MIGRA8 TION THROUGH REFUGEE RE9 SETTLEMENT, COMPLEMEN10 TARY PATHWAYS, AND 

11 STRENGTHENING REPATRI12 ATION INITIATIVES. 

13 SEC. 301. IDENTIFICATION, SCREENING, AND PROCESSING 

14 OF REFUGEES AND OTHER INDIVIDUALS ELI15 GIBLE FOR LAWFUL ADMISSION TO THE 

16 UNITED STATES. 

17 (a) DESIGNATED PROCESSING CENTERS.— 

18 (1) IN GENERAL.—Not later than 90 days after 

19 the date of the enactment of this Act, the Secretary 

20 of State, in consultation with the Secretary of 

21 Homeland Security, shall enter into agreements for 

22 the establishment by the Secretary of Homeland Se23 curity of Designated Processing Centers for the reg24 istration, screening, and processing of refugees and 

25 other eligible individuals in North and Central 


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1 America, and the resettlement or relocation of these 

2 individuals to the United States or other countries. 

3 (2) LOCATIONS.—One or more Designated 

4 Processing Centers shall be established in a safe and 

5 secure location identified by the United States and 

6 the host government in— 

7 (A) El Salvador; 

8 (B) Guatemala; 

9 (C) Honduras; 

10 (D) Mexico; 

11 (E) Costa Rica; and 

12 (F) any other country deemed appropriate 

13 by the Secretary of State to accept and process 

14 requests and applications under this title, in15 cluding any country in North or Central Amer16 ica hosting significant numbers of refugees or 

17 other displaced individuals. 

18 (b) ASSISTANT DIRECTOR OF REGIONAL PROC19 ESSING.— 

20 (1) IN GENERAL.—There shall be an Assistant 

21 Director of Regional Processing, who shall report to 

22 the Director of U.S. Citizenship and Immigration 

23 Services, and who shall oversee the establishment 

24 and operation of all Designated Processing Centers. 


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1 (2) DUTIES.—The Assistant Director of Re2 gional Processing, in coordination with the Secretary 

3 of Homeland Security and the Director of U.S. Citi4 zenship and Immigration Services, shall— 

5 (A) coordinate with the Secretary of State 

6 and the host country to ensure that each Des7 ignated Processing Center is safe, secure, and 

8 reasonably accessible to the public to facilitate 

9 the registration, screening, and processing of 

10 individuals under this title; 

11 (B) establish standard operating proce12 dures for the registration, screening, and proc13 essing of individuals under this title; 

14 (C) oversee the administration of such pro15 cedures; and 

16 (D) carry out other duties and powers pre17 scribed by the Director of U.S. Citizenship and 

18 Immigration Services. 

19 (c) PERSONNEL.— 

20 (1) REFUGEE OFFICERS AND RELATED PER21 SONNEL.—The Secretary of Homeland Security, in 

22 consultation with the Director of U.S. Citizenship 

23 and Immigration Services and the Assistant Director 

24 of Regional Processing, shall ensure that sufficient 

25 numbers of refugee officers and other personnel are 


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1 assigned to each Designated Processing Center to 

2 fulfill the requirements of this title. 

3 (2) SUPPORT PERSONNEL.—The Secretary of 

4 Homeland Security and the Attorney General shall 

5 hire and assign sufficient personnel to ensure that 

6 absent exceptional circumstances, all security and 

7 law enforcement background checks required under 

8 this title are completed in 180 days or less. 

9 (d) OPERATIONS.— 

10 (1) IN GENERAL.—Absent extraordinary cir11 cumstances, each Designated Processing Center 

12 shall commence operations not later than 270 days 

13 after the date of the enactment of this Act. 

14 (2) PRODUCTIVITY.—The Secretary of Home15 land Security, in coordination with the Secretary of 

16 State, shall monitor the activities of each Designated 

17 Processing Center and establish metrics and criteria 

18 for evaluating the productivity of each Designated 

19 Processing Center. 

20 (3) CONTINUING OPERATIONS.—Each Des21 ignated Processing Center shall remain in operation 

22 for at least five fiscal years, and shall continue in 

23 operation until such time as the Secretary of Home24 land Security, in consultation with the Secretary of 

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1 tablished under paragraph (2), that for at least 4 

2 consecutive calendar quarters the Designated Proc3 essing Center has failed to maintain sufficient pro4 ductivity. 

5 (e) CONGRESSIONAL REPORTS.—Not later than Jan6 uary 31 following the end of each fiscal year, and begin7 ning with the first fiscal year that at least one Designated 

8 Processing Center commences operations, the Secretary of 

9 Homeland Security, in consultation with the Secretary of 

10 State, shall submit a report to the Committee on the Judi11 ciary and the Committee on Foreign Affairs of the House 

12 of Representatives and to the Committee on the Judiciary 

13 and the Committee on Foreign Relations of the Senate 

14 on the number of individuals who have been registered, 

15 screened, and processed for benefits under this title at 

16 each Designated Processing Center, including the number 

17 of benefits requests that have been approved and the num18 ber of benefits requests that have been denied. 

19 SEC. 302. REGISTRATION AND INTAKE. 

20 (a) REGISTRATION.—Each Designated Processing 

21 Center shall receive and register individuals seeking to 

22 apply for benefits under this title. 

23 (b) INTAKE.—Consistent with this title, registered in24 dividuals shall be assessed to determine the benefits for 

25 which they may be eligible, including— 


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1 (1) refugee resettlement pursuant to the Cen2 tral American Refugee Program described in section 

3 303; 

4 (2) the Central American Minors Program de5 scribed in section 304; 

6 (3) the Central American Family Reunification 

7 Parole Program described in section 305; and 

8 (4) referral for suitable temporary worker pro9 grams under the Central American Worker Referral 

10 Program described in section 306. 

11 (c) EXPEDITED PROCESSING.—Expedited processing 

12 of applications and requests under this title shall be grant13 ed in emergency situations, for humanitarian reasons, or 

14 if other circumstances warrant expedited treatment in the 

15 exercise of discretion. 

16 SEC. 303. CENTRAL AMERICAN REFUGEE PROGRAM. 

17 (a) IN GENERAL.—In addition to any refugees des18 ignated for admission under section 207 of the Immigra19 tion and Nationality Act (8 U.S.C. 1157), in each of fiscal 

20 years 2020, 2021, 2022, 2023, and 2024, not less than 

21 100,000 nationals of El Salvador, Guatemala, and Hon22 duras combined shall be admitted into the United States 

23 under this section. Admission under this subsection shall 

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1 sible as a refugee of special humanitarian concern to the 

2 United States consistent with this section. 

3 (b) INITIAL PROCESSING.— 

4 (1) IN GENERAL.—Any individual who registers 

5 at a Designated Processing Center and who ex6 presses a fear of persecution or an intention to apply 

7 for refugee status may make an application for ref8 ugee resettlement under this section. Upon filing of 

9 a completed application, the applicant shall be re10 ferred to a refugee officer for further processing con11 sistent with this section. 

12 (2) SUBMISSION OF BIOGRAPHIC AND BIOMET13 RIC DATA.—An applicant described in paragraph (1) 

14 shall be required to submit biographic and biometric 

15 data in accordance with procedures established by 

16 the Assistant Director of Regional Processing. The 

17 Assistant Director shall provide an alternative proce18 dure for applicants who are unable to provide all re19 quired biographic and biometric data due to a phys20 ical or mental impairment. 

21 (3) BACKGROUND CHECKS.—The Assistant Di22 rector of Regional Processing shall utilize biometric, 

23 biographic, and other appropriate data to conduct 

24 security and law enforcement background checks of 

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1 nal, national security, or other ground that would 

2 render the applicant ineligible for admission as a 

3 refugee under section 207 of the Immigration and 

4 Nationality Act (8 U.S.C. 1157). 

5 (4) ORIENTATION.—The Assistant Director of 

6 Regional Processing shall provide prospective appli7 cants for refugee resettlement with information on 

8 applicable requirements and legal standards. All ori9 entation materials, including application forms and 

10 instructions, shall be provided in English and Span11 ish. 

12 (5) INTERNATIONAL ORGANIZATIONS.—The 

13 Secretary of State, in consultation with the Sec14 retary of Homeland Security, shall enter into agree15 ments with international organizations, including the 

16 United Nations High Commissioner for Refugees, to 

17 facilitate the processing and preparation of case files 

18 for applicants under this section. 

19 (c) ADJUDICATION OF APPLICATIONS.— 

20 (1) IN GENERAL.—Not later than 60 days after 

21 the date on which an applicant is referred under 

22 subsection (b)(1), the applicant shall be interviewed 

23 by a refugee officer for a determination of whether 

24 the applicant is a refugee of special humanitarian 

25 concern, as described in paragraph (5). 


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1 (2) DECISION.—Not later than 14 days after 

2 the date on which an applicant is interviewed under 

3 paragraph (1), the refugee officer shall issue a writ4 ten decision on the application. 

5 (3) APPROVAL OF APPLICATION.—If the refugee 

6 officer approves an application under this section, 

7 the applicant shall be processed for resettlement to 

8 the United States as a refugee under section 207 of 

9 the Immigration and Nationality Act. The security 

10 and law enforcement background checks required 

11 under subsection (b)(3) shall be completed, to the 

12 satisfaction of the Assistant Director of Regional 

13 Processing, before the date on which an approved 

14 applicant may be admitted to the United States. 

15 (4) DENIAL OF APPLICATION.—If the refugee 

16 officer denies an application under this section, the 

17 officer shall include a reasoned, written explanation 

18 for the denial and refer the applicant for a deter19 mination of eligibility for other benefits under this 

20 title, consistent with section 302(b). A denied appli21 cant may request review of the decision by a super22 visory refugee officer not later than 30 days after 

23 the date of the denial. The supervisory refugee offi24 cer shall issue a final written decision within 30 

25 days of the request for review. 


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1 (5) REFUGEES OF SPECIAL HUMANITARIAN

2 CONCERN.—For the purposes of this section, refu3 gees of special humanitarian concern to the United 

4 States shall include individuals who have suffered, or 

5 have a well-founded fear of suffering— 

6 (A) domestic, sexual, or other forms of 

7 gender-based violence, including persecution 

8 based on sexual orientation or gender identity; 

9 (B) violence, extortion, or other forms of 

10 persecution (including forced recruitment) com11 mitted by gangs or other organized criminal or12 ganizations; 

13 (C) a severe form of trafficking in persons; 

14 or 

15 (D) other serious human rights abuses. 

16 (6) SPOUSES AND MINOR CHILDREN.—The 

17 spouse or child of any applicant who qualifies for ad18 mission under section 207(c) of the Immigration and 

19 Nationality Act shall be granted the same status as 

20 the applicant if accompanying or following to join 

21 such applicant, consistent with such section. 

22 (7) REFUGEE STATUS.—An individual who is 

23 admitted to the United States as a refugee under 

24 this section shall enjoy the same rights and privi25 leges and shall be subject to the same grounds for 


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1 termination of refugee status as provided in sections 

2 207 and 209 of the Immigration and Nationality 

3 Act. 

4 (8) FEES.—No fee shall be imposed for the fil5 ing, processing, or adjudication of an application 

6 under this section. 

7 (d) OPTIONAL REFERRAL TO OTHER COUNTRIES.— 

8 (1) IN GENERAL.—Notwithstanding subsection 

9 (b), an applicant for refugee resettlement under this 

10 section may be referred to another country for the 

11 processing of the applicant’s refugee claim if— 

12 (A) another country agrees to immediately 

13 process the applicant’s refugee claim in accord14 ance with the terms and procedures of a bilat15 eral agreement under paragraph (2); and 

16 (B) the applicant lacks substantial ties to 

17 the United States as defined in paragraph (3) 

18 or requests resettlement to a country other than 

19 the United States. 

20 (2) BILATERAL AGREEMENTS FOR REFERRAL

21 OF REFUGEES.— 

22 (A) IN GENERAL.—The Secretary of State, 

23 in consultation with the Secretary of Homeland 

24 Security, shall enter into bilateral agreements 

25 with other countries for the referral, processing, 


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1 and resettlement of individuals who register 

2 with a Designated Processing Center and seek 

3 to apply for refugee resettlement under this sec4 tion. Such agreements shall be limited to coun5 tries with the demonstrated capacity to accept 

6 and adjudicate applications for refugee status, 

7 and other forms of international protection, and 

8 resettle refugees consistent with obligations 

9 under the 1951 United Nations Convention Re10 lating to the Status of Refugees and the 1967 

11 United Nations Protocol Relating to the Status 

12 of Refugees. 

13 (B) INTERNATIONAL ORGANIZATIONS.— 

14 The Secretary of State, in consultation with the 

15 Secretary of Homeland Security, shall enter 

16 into agreements with international organiza17 tions, including the United Nations High Com18 missioner for Refugees, to facilitate the referral, 

19 processing, and resettlement of individuals cov20 ered under this paragraph. 

21 (3) SUBSTANTIAL TIES DEFINED.—An indi22 vidual has substantial ties to the United States if 

23 the individual— 


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1 (A) has a spouse, parent, son, daughter, 

2 sibling, grandparent, aunt, or uncle who resides 

3 in the United States; 

4 (B) can demonstrate previous residence in 

5 the United States for not less than 2 years; or 

6 (C) can otherwise demonstrate substantial 

7 ties to the United States as defined by the Sec8 retary of Homeland Security. 

9 (e) EMERGENCY RELOCATION COORDINATION.—The 

10 Secretary of State, in consultation with the Secretary of 

11 Homeland Security, shall enter into bilateral or multilat12 eral agreements with other Western Hemisphere countries 

13 to establish safe and secure emergency transit centers for 

14 individuals who register at a Designated Processing Cen15 ter, are deemed to face an imminent risk of harm, and 

16 require temporary placement in a safe location pending 

17 a final decision on an application under this section. Such 

18 agreements shall be developed in consultation with the 

19 United Nations High Commissioner for Refugees and 

20 shall conform to international humanitarian standards. 

21 (f) EXPANSION OF REFUGEE CORPS.—Not later than 

22 60 days after the date of the enactment of this Act, and 

23 subject to the availability of amounts provided in advance 

24 in appropriation Acts, the Secretary of Homeland Security 


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1 shall appoint additional refugee officers as may be nec2 essary to carry out this section. 

3 SEC. 304. CENTRAL AMERICAN MINORS PROGRAM. 

4 (a) ELIGIBILITY.—If it is determined as a result of 

5 the assessment under section 302(b) that an alien is eligi6 ble for special immigrant status in accordance with this 

7 subsection, the Designated Processing Center shall accept 

8 a petition for such status filed by the alien, or on behalf 

9 of the alien by a parent or legal guardian, and, subject 

10 to subsection (d) and notwithstanding any other provision 

11 of law, the Secretary of Homeland Security shall provide 

12 the alien with status as a special immigrant under section 

13 101(a)(27) of the Immigration and Nationality Act. An 

14 alien shall be eligible under this subsection if the alien— 

15 (1) is a national of El Salvador, Honduras, or 

16 Guatemala; 

17 (2) is an unmarried child (as defined in section 

18 101(b)(1) of the Immigration and Nationality Act) 

19 of an individual who is lawfully present in the 

20 United States; 

21 (3) is otherwise eligible to receive an immigrant 

22 visa; and 

23 (4) is otherwise admissible to the United States 

24 (excluding the grounds of inadmissibility specified in 


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1 section 212(a)(4) of the Immigration and Nation2 ality Act). 

3 (b) MINOR CHILDREN.—Any child (as defined in sec4 tion 101(b)(1) of the Immigration and Nationality Act) 

5 of an alien described in subsection (b) is entitled to the 

6 same special immigrant status if accompanying or fol7 lowing to join the alien. 

8 (c) NUMERICAL LIMITATIONS.— 

9 (1) IN GENERAL.—The total number of aliens 

10 who may be provided special immigrant status under 

11 this section may not exceed 10,000 per year for the 

12 fiscal year during which at least one Designated 

13 Processing Center commences operations, and for 

14 each of the four fiscal years that immediately follow. 

15 (2) EXCLUSION FROM NUMERICAL LIMITA16 TIONS.—Aliens provided special immigrant status 

17 under this section shall not be counted against any 

18 numerical limitation under section 201, 202, or 203 

19 of the Immigration and Nationality Act. 

20 (3) CARRY FORWARD.—If the numerical limita21 tion under paragraph (1) is not reached during a 

22 given fiscal year, the numerical limitation under 

23 such paragraph for the following fiscal year shall be 

24 increased by a number equal to the difference be25 tween— 


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1 (A) the total number of aliens provided 

2 special immigrant status under paragraph (1) 

3 for the given fiscal year; and 

4 (B) the number of aliens provided special 

5 immigrant status under this section during the 

6 given fiscal year. 

7 (d) PETITION AND ADJUDICATION.— 

8 (1) IN GENERAL.—Absent exceptional cir9 cumstances, an eligible alien shall be permitted to 

10 submit a petition for special immigrant status under 

11 this section up to 90 days after the date the alien 

12 was determined to be eligible for such status. 

13 (2) ADJUDICATION DEADLINES.—Absent excep14 tional circumstances, petitions submitted under this 

15 section shall be adjudicated not later than 180 days 

16 after submission. 

17 (3) APPLICANTS UNDER PRIOR CAM PRO18 GRAM.—The Secretary of Homeland Security shall 

19 deem an application filed under the Central Amer20 ican Minors Refugee Program, established on De21 cember 1, 2014 and terminated on August 16, 2017, 

22 and which was not the subject of a final disposition 

23 prior to January 31, 2018, to be a petition filed 

24 under this section. Absent exceptional circumstances, 

25 the Secretary shall make a final determination on 


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1 such petitions not later than 180 days after the date 

2 of enactment of this Act. The Secretary shall 

3 promptly notify all relevant parties of the conversion 

4 of a CAM application into a special immigrant peti5 tion, and shall provide instructions for withdrawal of 

6 the petition if the alien no longer wishes to proceed 

7 with the requested relief. 

8 (4) BIOMETRICS AND BACKGROUND CHECKS.— 

9 (A) SUBMISSION OF BIOMETRIC AND BIO10 GRAPHIC DATA.—Petitioners for special immi11 grant status under this section shall be required 

12 to submit biometric and biographic data in ac13 cordance with procedures established by the As14 sistant Director of Regional Processing. The 

15 Assistant Director shall provide an alternative 

16 procedure for applicants who are unable to pro17 vide all required biometric data due to a phys18 ical or mental impairment. 

19 (B) BACKGROUND CHECKS.—The Assist20 ant Director of Regional Processing shall utilize 

21 biometric, biographic, and other appropriate 

22 data to conduct security and law enforcement 

23 background checks of petitioners to determine 

24 whether there is any criminal, national security, 

25 or other ground that would render the applicant 


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1 ineligible for special immigrant status under 

2 this section. 

3 (C) COMPLETION OF BACKGROUND

4 CHECKS.—The security and law enforcement 

5 background checks required under subpara6 graph (B) shall be completed, to the satisfac7 tion of the Assistant Director of Regional Proc8 essing, before the date on which a petition for 

9 special immigrant status under this section may 

10 be approved. 

11 SEC. 305. CENTRAL AMERICAN FAMILY REUNIFICATION PA12 ROLE PROGRAM. 

13 (a) IN GENERAL.—If it is determined as a result of 

14 the assessment under section 302(b) that an alien is eligi15 ble for parole in accordance with this subsection, the Des16 ignated Processing Center shall accept a completed appli17 cation for parole filed by the alien, or on behalf of the 

18 alien by a parent or legal guardian, and the Secretary of 

19 Homeland Security shall grant parole, as provided under 

20 section 212(d)(5), to that alien. An alien shall be eligible 

21 under this subsection if the alien— 

22 (1) is a national of El Salvador, Guatemala, or 

23 Honduras; 


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1 (2) is the beneficiary of an approved immigrant 

2 visa petition under section 203(a) of the Immigra3 tion and Nationality Act; and 

4 (3) does not have an immigrant visa that is im5 mediately available but the visa is expected to be 

6 available within 5 years of the date the alien reg7 isters with a Designated Processing Center. 

8 (b) APPLICATION AND ADJUDICATION.— 

9 (1) IN GENERAL.—Absent exceptional cir10 cumstances, an eligible alien shall be permitted to 

11 submit an application for parole under this section 

12 up to 90 days after the date the alien is determined 

13 to be eligible for parole. 

14 (2) ADJUDICATION DEADLINES.—Absent excep15 tional circumstances, applications submitted under 

16 this section shall be adjudicated not later than 180 

17 days after submission. 

18 (3) BIOMETRICS AND BACKGROUND CHECKS.— 

19 (A) SUBMISSION OF BIOMETRIC AND BIO20 GRAPHIC DATA.—Applicants for parole under 

21 this section shall be required to submit biomet22 ric and biographic data in accordance with pro23 cedures established by the Assistant Director of 

24 Regional Processing. The Assistant Director 

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1 cants who are unable to provide all required bi2 ometric data due to a physical or mental im3 pairment. 

4 (B) BACKGROUND CHECKS.—The Assist5 ant Director of Regional Processing shall utilize 

6 biometric, biographic, and other appropriate 

7 data to conduct security and law enforcement 

8 background checks of applicants to determine 

9 whether there is any criminal, national security, 

10 or other ground that would render the applicant 

11 ineligible for parole under this section. 

12 (C) COMPLETION OF BACKGROUND

13 CHECKS.—The security and law enforcement 

14 background checks required under subpara15 graph (B) shall be completed to the satisfaction 

16 of the Assistant Director of Regional Proc17 essing before the date on which an application 

18 for parole may be approved. 

19 (4) APPROVAL.—Designated Processing Centers 

20 shall issue appropriate travel documentation to 

21 aliens granted parole. Such documentation must be 

22 presented to U.S. Customs and Border Protection at 

23 a port of entry for parole into the United States 

24 within 120 days of issuance. 


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1 SEC. 306. CENTRAL AMERICAN WORKER REFERRAL PRO2 GRAM. 

3 (a) IN GENERAL.—An alien who registers with a 

4 Designated Processing Center shall be screened for refer5 ral for suitable temporary worker programs as provided 

6 in this section. 

7 (b) QUALIFYING TEMPORARY WORKER PRO8 GRAMS.—In accordance with the standard operating pro9 cedures described in section 301(b)(2)(B) of this title, and 

10 using tools and resources developed by the Secretary of 

11 Homeland Security in consultation with the Secretary of 

12 Labor, Designated Processing Centers shall— 

13 (1) connect prospective workers to U.S. employ14 ers or recruiters seeking temporary workers to per15 form agricultural labor or services as described in 

16 section 101(a)(15)(H)(ii)(a) of the Immigration and 

17 Nationality Act, or other temporary or seasonal 

18 work as described in section 101(a)(15)(H)(ii)(b) of 

19 the Immigration and Nationality Act; and 

20 (2) connect prospective workers to an organiza21 tion, approved by the Department of State to spon22 sor exchange visitors as described under section 

23 101(a)(15)(J) of the Immigration and Nationality 

24 Act, for placement as an au pair with a qualified 

25 host family in the United States. 


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1 (c) OTHER TEMPORARY WORK PROGRAMS.—The 

2 Secretary of Homeland Security, in consultation with the 

3 Secretary of Labor, may, as a matter of discretion, develop 

4 tools and resources and establish procedures to allow Des5 ignated Processing Centers to connect prospective workers 

6 to other temporary employment, training, or exchange vis7 itor opportunities in the United States that require non8 immigrant visa sponsorship. 

9 (d) ELIGIBILITY.—Eligibility for referral under this 

10 section shall be limited to nationals of El Salvador, Guate11 mala, or Honduras who— 

12 (1) have registered with a Designated Proc13 essing Center; and 

14 (2) have agreed in writing to participate in the 

15 referral program. 

16 Eligible individuals shall only be referred to prospective 

17 employers or designated organizations for possible visa 

18 sponsorship and employment in an area or areas in which 

19 the individual has indicated a willingness and desire to 

20 work. 

21 (e) LIMITATIONS.—Nothing in this section shall be 

22 construed— 

23 (1) to limit the obligations of an employer, re24 cruiter, designated organization, or other entity to 

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1 sorship as required under the relevant provisions of 

2 the Immigration and Nationality Act and regulations 

3 issued by the Secretary of Homeland Security or the 

4 Attorney General; 

5 (2) to guarantee employment or visa sponsor6 ship for any prospective worker who registers with 

7 a Designated Processing Center; or 

8 (3) to allow a Designated Processing Center, 

9 employer, recruiter, or designated organization to 

10 charge or collect any placement or referral fee for 

11 services rendered under this section. 

12 SEC. 307. INFORMATIONAL CAMPAIGN; CASE STATUS HOT13 LINE. 

14 (a) INFORMATIONAL CAMPAIGN.—The Secretary of 

15 Homeland Security shall implement an informational cam16 paign, in English and Spanish, in the United States, El 

17 Salvador, Guatemala, and Honduras to increase aware18 ness of the provisions of this title. 

19 (b) CASE STATUS HOTLINE.—Not later than 90 days 

20 after the date of the enactment of this Act, the Secretary 

21 of Homeland Security shall establish a case status hotline 

22 providing confidential processing information on pending 

23 cases. 


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1 TITLE IV—IMPROVING BORDER 

2 INFRASTRUCTURE FOR FAMI3 LIES AND CHILDREN; CRACK4 ING DOWN ON CRIMINAL OR5 GANIZATIONS. 

6 SEC. 401. ADDITIONAL U.S. CUSTOMS AND BORDER PRO7 TECTION PERSONNEL. 

8 (a) OFFICERS.—The Commissioner of U.S. Customs 

9 and Border Protection shall, every fiscal year, hire, train, 

10 and assign not fewer than 200 new officers above the level 

11 as of September 30 of the immediately preceding fiscal 

12 year until the total number of officers equals the require13 ments identified each year in the Workload Staffing Model 

14 issued by the Commissioner pursuant to the Department 

15 of Homeland Security Appropriations Act, 2012 (herein16 after in this title referred to as the ‘‘Workload Staffing 

17 Model’’). 

18 (b) PROTECTION OF HUMAN RIGHTS AND CHILD

19 WELFARE.— 

20 (1) HUMANITARIAN SPECIALISTS AND CHILD

21 WELFARE PROFESSIONALS.—Not later than the last 

22 day of the first fiscal year after the date of enact23 ment of this Act, the Commissioner of U.S. Customs 

24 and Border Protection shall hire, train, and assign 

25 not fewer than 100 new humanitarian specialists 


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1 and not fewer than 100 new child welfare profes2 sionals. The Commissioner shall thereafter annually 

3 hire, train, and assign an additional 100 specialists 

4 and 100 professionals under this section until the 

5 Commissioner determines that a sufficient number 

6 of such specialists and professionals are available to 

7 adequately provide for the protection of the health 

8 and welfare of aliens arriving at the border or in the 

9 custody of the Commissioner, including the require10 ments of sections 404 and 405. The total number of 

11 such specialists and professionals may not be less 

12 than the requirements identified in the Workload 

13 Staffing Model. The Commissioner is authorized to 

14 enter into such contracts as may be necessary to 

15 carry out this subsection, including with independent 

16 child welfare professionals. 

17 (2) QUALIFIED EXPERTS IN PEDIATRIC MEDI18 CINE.—The Commissioner of U.S. Customs and 

19 Border Protection shall, every fiscal year, hire, train, 

20 and assign qualified experts in pediatric medicine in 

21 such numbers as the Commissioner determines ap22 propriate to adequately provide for the health needs 

23 of children arriving at the border or in the custody 

24 of the Commissioner, including the requirements of 

25 sections 404 and 405. 


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1 (c) AGRICULTURAL SPECIALISTS.—The Commis2 sioner of U.S. Customs and Border Protection shall, every 

3 fiscal year, hire, train, and assign not fewer than 100 new 

4 agricultural specialists above the level as of September 30 

5 of the immediately preceding fiscal year until the total 

6 number of such specialists equals the requirements identi7 fied each year in the Agriculture Resource Allocation 

8 Model developed by the Commissioner. The Commissioner 

9 is authorized to enter into such contracts as may be nec10 essary to carry out this subsection. 

11 (d) SUPPORT STAFF.—The Commissioner of U.S. 

12 Customs and Border Protection is authorized to hire, 

13 train, and assign support staff, including technicians and 

14 interpreters, to perform non-law enforcement administra15 tive functions to support all personnel of U.S. Customs 

16 and Border Protection. The Commissioner is authorized 

17 to enter into such contracts as may be necessary to carry 

18 out this subsection. 

19 (e) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 

20 The Commissioner of U.S. Customs and Border Protec21 tion shall hire, train, and assign sufficient Office of Pro22 fessional Responsibility special agents to ensure that there 

23 is one such special agent for every 30 officers to inves24 tigate criminal and administrative matters and misconduct 

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1 der Protection. The Commissioner is authorized to enter 

2 into such contracts as may be necessary to carry out this 

3 subsection. 

4 (f) TRAFFIC FORECASTS.—In calculating the number 

5 of U.S. Customs and Border Protection officers needed 

6 at each land, air, and maritime port of entry through the 

7 Workload Staffing Model, the Office of Field Operations 

8 of U.S. Customs and Border Protection shall— 

9 (1) rely on data collected regarding the inspec10 tions and other activities conducted at each such 

11 port of entry; and 

12 (2) consider volume due to regional humani13 tarian conditions, seasonal increases, other projected 

14 changes in commercial and passenger volumes, the 

15 most current commercial forecasts, and other rel16 evant information. 

17 (g) STAFFING UPDATES.—Not later than 90 days 

18 after the date of enactment of this Act, the Commissioner 

19 of U.S. Customs and Border Protection shall report to 

20 Congress on the status of efforts to implement subsections 

21 (a) through (e). 

22 (h) AMENDMENT.—Subparagraph (A) of section 

23 411(g)(5) of the Homeland Security Act of 2002 (6 

24 U.S.C. 211(g)(5)) is amended— 


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1 (1) by striking ‘‘model’’ and inserting ‘‘mod2 els’’; 

3 (2) by inserting ‘‘humanitarian and agricultural 

4 specialists, child welfare professionals,’’ before ‘‘and 

5 support personnel’’; and 

6 (3) by inserting before the period at the end the 

7 following: ‘‘, and shall also provide information con8 cerning the progress made toward meeting officer, 

9 humanitarian and agriculture specialists, child wel10 fare professionals, and support staff hiring targets, 

11 while accounting for attrition’’. 

12 (i) GAO REPORT.—If by March 31, 2020, the Com13 missioner of U.S. Customs and Border Protection has not 

14 hired at least 100 additional humanitarian specialists and 

15 100 child welfare professionals in accordance with sub16 section (b) or at least 200 additional U.S. Customs and 

17 Border Protection officers in accordance with subsection 

18 (a), and in any subsequent fiscal year in which the staffing 

19 levels specified in the applicable Workload Staffing Model 

20 have not been achieved, the Comptroller General of the 

21 United States shall— 

22 (1) conduct a review of U.S. Customs and Bor23 der Protection hiring policies and processes to iden24 tify factors contributing to such levels not being 


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1 achieved and any other issues related to hiring by 

2 U.S. Customs and Border Protection; 

3 (2) consider attrition levels within the Office of 

4 Field Operations to identify associated factors con5 tributing to attrition within the workforce of such 

6 Office; and 

7 (3) submit to the Committee on Homeland Se8 curity of the House of Representatives and the Com9 mittee on Homeland Security and Governmental Af10 fairs of the Senate a report that describes the re11 sults of the review and consideration under para12 graphs (1) and (2), respectively, and that contains 

13 recommendations to enhance the likelihood of achiev14 ing such staffing levels. 

15 SEC. 402. PORTS OF ENTRY INFRASTRUCTURE ENHANCE16 MENT REPORT. 

17 Not later than 90 days after the date of the enact18 ment of this Act, the Commissioner of U.S. Customs and 

19 Border Protection shall submit to the Committee on 

20 Homeland Security of the House of Representatives and 

21 the Committee on Homeland Security and Governmental 

22 Affairs of the Senate a report that identifies— 

23 (1) infrastructure improvements at ports of 

24 entry that would enhance the ability of U.S. Cus25 toms and Border Protection officers to process and 


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1 protect refugees and asylum seekers, facilitate daily 

2 pedestrian and vehicular trade and traffic, and de3 tect, interdict, disrupt, and prevent fentanyl, other 

4 synthetic opioids, and other narcotics and 

5 psychoactive substances and associated contraband 

6 from entering the United States, including a descrip7 tion of circumstances in which effective technology 

8 in use at certain ports of entry cannot be imple9 mented at other ports of entry; 

10 (2) detection equipment that would improve the 

11 ability of such officers to identify such drugs and 

12 other dangers that are being illegally transported 

13 into the United States; and 

14 (3) safety equipment that would protect such 

15 officers from accidental exposure to such drugs or 

16 other dangers associated with the inspection of po17 tential drug traffickers. 

18 SEC. 403. GENERAL SHORT-TERM CUSTODY STANDARDS IN 

19 CUSTOMS AND BORDER PROTECTION FACILI20 TIES. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of the enactment of this Act, the Secretary of Home23 land Security, acting through the head of the Office of 

24 Civil Rights and Civil Liberties of the Department of 

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1 sioner of U.S. Customs and Border Protection, shall es2 tablish short-term custody standards providing for basic 

3 minimum standards of care, intake procedures, and capac4 ity guidelines at all U.S. Customs and Border Protection 

5 facilities holding individuals in the agency’s custody, in6 cluding the following: 

7 (1) U.S. Border Patrol stations. 

8 (2) Ports of entry. 

9 (3) Checkpoints. 

10 (4) Forward operating bases. 

11 (5) Secondary inspection areas. 

12 (6) Short-term custody facilities. 

13 (b) REQUIREMENTS.—All U.S. Customs and Border 

14 Protection and subcontracted or cooperating entity per15 sonnel shall undergo mandatory training on all standards 

16 established in accordance with subsection (a), shall ensure 

17 that detention space capacity will not be exceeded except 

18 in emergency circumstances, and shall ensure that all indi19 viduals in agency custody receive the following: 

20 (1) Potable water and a snack, and, if detained 

21 for more than five hours, a nutritious meal with reg22 ular meals and snacks, thereafter. 

23 (2) Medically appropriate meals and snacks for 

24 pregnant women and individuals with identifiable 

25 medical needs. 


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1 (3) Adequate bathroom and shower facilities, as 

2 well as basic toiletries and hygiene items, including 

3 soap, a toothbrush, toilet paper, and other items ap4 propriate for the age and gender identification of 

5 such individuals, including diapers and feminine hy6 giene products. 

7 (4) A cot, clean linens, and blankets, if detained 

8 for more than five hours. 

9 (5) Adequate lighting and climate control that 

10 achieves a reasonable indoor temperature. 

11 (6) Adequate protection from the elements, in12 cluding sun shades, for outside holding areas. 

13 (7) A physical and mental health screening con14 ducted promptly upon arrival in a manner that com15 plies with the requirements for such screenings spec16 ified in the National Commission for Correctional 

17 Health Care Jails Standards, as well as information 

18 about the availability of, and access to, health care 

19 services that is communicated in a form and lan20 guage such individuals are known to understand. 

21 (8) Immediate physical and mental health needs 

22 addressed by a qualified health care professional as 

23 soon as possible. 

24 (9) Prompt notice of the ability to make tele25 phone calls and the procedures therefore. 


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1 (10) Prompt notice of phone numbers to file a 

2 complaint with the Office of the Inspector General 

3 of the Department and the Office for Civil Rights 

4 and Civil Liberties of the Department. 

5 (11) A reasonable accommodation for religious 

6 practices. 

7 (12) Applicable protections under the Prison 

8 Rape Elimination Act of 2003 (42 U.S.C. 15601 et 

9 seq.; Public Law 108–79). 

10 (13) Safe transport, including prevention of 

11 sexual assault during transfer, including in subcon12 tracted transportation services, while such individ13 uals are transported from a U.S. Customs and Bor14 der Protection facility. 

15 (c) FURTHER PROVISIONS.—The Commissioner of 

16 U.S. Customs and Border Protection shall ensure that all 

17 individuals in agency custody— 

18 (1) have regular access to consular officials and 

19 legal service providers through confidential in-person 

20 visits or telephonic communications; 

21 (2) receive copies of all signed documents; and 

22 (3) are transferred, together with records, in23 cluding medical screening records, to an appropriate 

24 U.S. Immigration and Customs Enforcement or De25 partment of Health and Human Services Office of 


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1 Refugee Resettlement facility or are safely released 

2 from short-term custody within 72 hours of appre3 hension. 

4 (d) SURVEILLANCE OF CERTAIN INDIVIDUALS IN

5 CBP CUSTODY.—The Commissioner of U.S. Customs and 

6 Border Protection shall ensure constant surveillance of an 

7 individual in agency custody who exhibits signs of hos8 tility, depression, or similar behaviors, or who is reason9 ably known to pose an elevated suicide risk. 

10 (e) PHYSICAL AND MENTAL HEALTH ASSESS11 MENT.—The Commissioner of U.S. Customs and Border 

12 Protection shall ensure that individuals in agency custody 

13 for more than 24 hours receive, in addition to the physical 

14 and mental health screening specified in subsection (b)(7), 

15 a physical and mental health assessment by a qualified 

16 healthcare professional. To the extent practicable, such in17 dividuals with known or readily apparent disabilities, in18 cluding temporary disabilities, shall be housed in a manner 

19 that accommodates their mental or physical condition, or 

20 both, and provides for the safety, comfort, and security 

21 of such individuals. 

22 (f) RETURN OF CERTAIN BELONGINGS.—Any lawful, 

23 nonperishable belongings of an individual in U.S. Customs 

24 and Border Protection custody that are confiscated by 

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1 turned to such individual prior to the release or repatri2 ation of such individual. 

3 (g) INSPECTION OF SHORT-TERM CUSTODY FACILI4 TIES.—Short-term custody facilities shall be inspected at 

5 least once every year by the Office of the Inspector Gen6 eral of the Department of Homeland Security, with the 

7 results made public without the need to submit a request 

8 under section 552 of title 5, United States Code. 

9 (h) CONSULTATION.—The Secretary of Homeland 

10 Security shall seek input from nongovernmental organiza11 tions regarding their independent opinion of specific U.S. 

12 Customs and Border Protection facilities and permit reg13 ular access to such facilities by nongovernmental organiza14 tions for human rights monitoring. 

15 (i) REGULATIONS.—Not later than 180 days after the 

16 date of the enactment of this Act, the Secretary of Home17 land Security shall promulgate regulations to— 

18 (1) establish a publicly accessible online system 

19 allowing any person with the alien number of an in20 dividual to track the location of that individual in 

21 U.S. Customs and Border Protection custody held in 

22 short-term custody, and provide an online list of all 

23 locations with phone numbers routinely used to hold 

24 individuals in short-term custody; 


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1 (2) improve the education of individuals in U.S. 

2 Customs and Border Protection custody regarding 

3 administrative procedures and legal rights under 

4 United States immigration law, in consultation with 

5 the Executive Office for Immigration Review; and 

6 (3) ensure notification to Congress and the Of7 fice of the Inspector General and the Office for Civil 

8 Rights and Civil Liberties of the Department of 

9 Homeland Security within 48 hours of each instance 

10 in which— 

11 (A) an individual in U.S. Customs and 

12 Border Protection custody has died, including 

13 during transfer to another facility or while 

14 being released; or 

15 (B) an individual has died as the result of 

16 an encounter with U.S. Customs and Border 

17 Protection. 

18 (j) ANNUAL REPORTS.—Not later than 180 days 

19 after the date of the enactment of this Act and annually 

20 thereafter, the Secretary of Homeland Security shall sub21 mit to Congress a report that details all instances in which 

22 an individual in U.S. Customs and Border Protection cus23 tody has died in the prior fiscal year, including during 

24 transfer to another facility or while being released, as well 

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1 sult of an encounter with U.S. Customs and Border Pro2 tection, and the result of any subsequent investigation. 

3 Such reports shall also detail all instances in which an 

4 individual, including an individual in the custody of U.S. 

5 Customs and Border Protection, has suffered serious inju6 ries requiring hospitalization as a result of the use of force 

7 by U.S. Customs and Border Protection. 

8 SEC. 404. STANDARDS FOR CHILDREN IN THE SHORT-TERM 

9 CUSTODY OF CUSTOMS AND BORDER PRO10 TECTION. 

11 (a) IN GENERAL.—Not later than 180 days after the 

12 date of the enactment of this Act, the Secretary of Home13 land Security, acting through the head of the Office for 

14 Civil Rights and Civil Liberties of the Department of 

15 Homeland Security, in consultation with the Commis16 sioner of U.S. Customs and Border Protection, shall es17 tablish basic standards of care for the short-term custody 

18 of children by the Commissioner of U.S. Customs and 

19 Border Protection. 

20 (b) REQUIREMENTS.—The standards required pursu21 ant to subsection (a) shall include and apply the general 

22 short term custody standards described in section 403, as 

23 well as ensure that all children in the custody of the Com24 missioner of U.S. Customs and Border Protection are 


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1 placed in a safe and sanitary location, and while in such 

2 custody— 

3 (1) have available to them at all times diapers, 

4 diapering supplies, infant formula, and infant feed5 ing supplies, as necessary; 

6 (2) in the case of any child in such custody for 

7 more than 24 hours, have access to— 

8 (A) a parent or other member of the fam9 ily group, including siblings, grandparents, 

10 aunts, and uncles in U.S. Customs and Border 

11 Protection custody; and 

12 (B) daily recreational programs and activi13 ties, including recreational time outdoors; and 

14 (3) are permitted to make supervised video con15 ference calls, if available, and telephone calls to fam16 ily members (or legal guardians). 

17 (c) ENSURING CHILDREN HAVE ACCESS TO LEGAL

18 RIGHTS.—The Secretary of Homeland Security shall en19 sure that on apprehension each child is provided— 

20 (1) an interview and screening with a child wel21 fare professional; and 

22 (2) a video orientation and oral and written no23 tice, in a language understood by the child, of the 

24 rights of the child under the immigration laws (as 


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1 such term is defined in section 101 of the Immigra2 tion and Nationality Act), including— 

3 (A) communication with counsel pursuant 

4 to section 292 of such Act (8 U.S.C. 1362); and 

5 (B) an applicable complaint mechanism to 

6 report any abuse, mistreatment, or misconduct. 

7 SEC. 405. CHILD WELFARE AT THE BORDER. 

8 (a) GUIDELINES.—Not later than 180 days after the 

9 date of enactment of this Act, the Secretary of Homeland 

10 Security, in consultation with the Secretary of Health and 

11 Human Services, experts in child development, child wel12 fare, and pediatric medicine, and other relevant experts 

13 as appropriate, shall, by rule, develop and establish guide14 lines for the intake and treatment of children and families 

15 in the custody of the Commissioner of U.S. Customs and 

16 Border Protection. 

17 (b) MANDATORY TRAINING.—The Secretary of 

18 Homeland Security shall— 

19 (1) require all U.S. Customs and Border Pro20 tection and subcontracted or cooperating entity per21 sonnel, who may have contact with a child at a port 

22 of entry or U.S. Border Patrol station to undergo 

23 appropriate training, which shall include in-person 

24 training, on— 


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1 (A) the applicable legal authorities, poli2 cies, practices, and procedures relating to chil3 dren in the custody of U.S. Customs and Bor4 der Protection; and 

5 (B) child development, trauma, and the 

6 manner in which trauma affects the health and 

7 behavior of children; and 

8 (2) require U.S. Customs and Border Protec9 tion personnel to annually undertake continuing 

10 training on— 

11 (A) identifying and responding to common 

12 signs and symptoms of medical distress in chil13 dren; 

14 (B) best practices with respect to the 

15 guidelines developed in accordance with sub16 section (a); and 

17 (C) changes in the legal authorities, poli18 cies, and procedures described in paragraph 

19 (1)(A). 

20 (c) SUFFICIENT STAFFING.—The Commissioner of 

21 U.S. Customs and Border Protection shall ensure that 

22 sufficient qualified child welfare professionals and quali23 fied experts in pediatric medicine are stationed at each 

24 port of entry and each U.S. Border Patrol station with 

25 a high volume of arriving children to accomplish the duties 


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1 described in this section without creating an undue delay 

2 in the length of time children and apprehended parents 

3 and legal guardians remain in the custody of the Commis4 sioner of U.S. Customs and Border Protection. 

5 (d) FAMILY UNIT TRACKING NUMBER.— 

6 (1) IN GENERAL.—Not later than 90 days after 

7 the date of the enactment of this Act, the Secretary 

8 of Homeland Security shall submit to Congress noti9 fication that the Secretary has established a system 

10 for use by U.S. Customs and Border Protection to 

11 assign a family unit tracking number to each mem12 ber of a family unit that is apprehended, including 

13 each of the following: 

14 (A) An apprehended spouse. 

15 (B) An apprehended parent or legal guard16 ian. 

17 (C) A child accompanying an apprehended 

18 parent or legal guardian. 

19 (D) Each accompanying member of the 

20 family group, including siblings, grandparents, 

21 aunts, and uncles. 

22 (2) REQUIREMENTS.—The Secretary of Home23 land Security shall ensure that a family unit track24 ing number under paragraph (1)— 


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1 (A) may be shared among the data sys2 tems of— 

3 (i) U.S. Customs and Border Protec4 tion; 

5 (ii) U.S. Immigration and Customs 

6 Enforcement; and 

7 (iii) the Office of Refugee Resettle8 ment of the Department of Health and 

9 Human Services; 

10 (B) is included on any document per11 taining to any member of an apprehended fam12 ily unit; and 

13 (C) is not deleted or altered, except in the 

14 case of an error. 

15 (e) DEFINITIONS.—In this section: 

16 (1) CHILD.—The term ‘‘child’’ has the meaning 

17 given such term in section 101(b)(1) of the Immi18 gration and Nationality Act (8 U.S.C. 1101(b)(1)). 

19 (2) CHILD WELFARE PROFESSIONAL.—The 

20 term ‘‘child welfare professional’’ means an indi21 vidual who— 

22 (A) is licensed in social work by the rel23 evant State welfare agency, and, if applicable, 

24 county welfare agency, of a State and county in 


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1 which the port of entry or U.S. Border Patrol 

2 station is located; 

3 (B) has direct experience working with 

4 children; and 

5 (C) is proficient in one or more of the most 

6 common languages spoken by children appre7 hended at the applicable port of entry or U.S. 

8 Border Patrol station. 

9 (3) COOPERATING ENTITY.—The term ‘‘cooper10 ating entity’’ means a State or local entity acting 

11 pursuant to an agreement with the Secretary. 

12 SEC. 406. ENHANCED INVESTIGATION AND PROSECUTION 

13 OF HUMAN SMUGGLING NETWORKS AND 

14 TRAFFICKING ORGANIZATIONS. 

15 The Attorney General and the Secretary of Homeland 

16 Security shall expand collaboration on the investigation 

17 and prosecution of human smuggling networks and traf18 ficking organizations targeting Central American families 

19 and unaccompanied children and operating at the south20 western border of the United States, including the con21 tinuation and expansion of anti-trafficking coordination 

22 teams. 


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1 SEC. 407. ENHANCED PENALTIES FOR ORGANIZED SMUG2 GLING SCHEMES. 

3 (a) IN GENERAL.—Section 274(a)(1)(B) of the Im4 migration and Nationality Act (8 U.S.C. 1324(a)(1)(B)) 

5 is amended— 

6 (1) by redesignating clauses (iii) and (iv) as 

7 clauses (iv) and (v), respectively; 

8 (2) by inserting after clause (ii) the following: 

9 ‘‘(iii) in the case of a violation of sub10 paragraph (A)(i) during and in relation to 

11 which the person, while acting for profit or 

12 other financial gain, knowingly directs or 

13 participates in a scheme to cause 10 or 

14 more persons (other than a parent, spouse, 

15 sibling, child, grandparent, or grandchild 

16 of the offender) to enter or to attempt to 

17 enter the United States at the same time 

18 at a place other than a designated port of 

19 entry or place other than designated by the 

20 Secretary, be fined under title 18, United 

21 States Code, imprisoned not more than 15 

22 years, or both;’’; and 

23 (3) in clause (iv), as redesignated, by inserting 

24 ‘‘commits or attempts to commit sexual assault of,’’ 

25 after ‘‘section 1365 of title 18, United States Code) 

26 to,’’. 


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1 (b) BULK CASH SMUGGLING.—Section 5332(b)(1) of 

2 title 31, United States Code, is amended— 

3 (1) in the paragraph heading, by striking 

4 ‘‘TERM OF IMPRISONMENT’’ and inserting ‘‘IN GEN5 ERAL’’; and 

6 (2) by inserting ‘‘, fined under title 18, or 

7 both’’ after ‘‘5 years’’. 

8 SEC. 408. EXPANDING FINANCIAL SANCTIONS ON NAR9 COTICS TRAFFICKING AND MONEY LAUN10 DERING. 

11 (a) FINANCIAL SANCTIONS EXPANSION.—The Sec12 retary of the Treasury, the Attorney General, the Sec13 retary of State, the Secretary of Defense, and the Director 

14 of Central Intelligence shall expand investigations, intel15 ligence collection, and analysis pursuant to the Foreign 

16 Narcotics Kingpin Designation Act to increase the identi17 fication and application of sanctions against— 

18 (1) significant foreign narcotics traffickers, 

19 their organizations, and networks; and 

20 (2) foreign persons who provide material, finan21 cial, or technological support to such traffickers, or22 ganizations, and networks. 

23 (b) TARGETS.—The activities described in subsection 

24 (a) shall specifically target foreign narcotics traffickers, 

25 their organizations and networks, and the foreign persons 


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1 who provide material, financial, or technological support 

2 to such traffickers, organizations, and networks that are 

3 present and operating in Central America. 

4 SEC. 409. SUPPORT FOR FBI TRANSNATIONAL ANTI-GANG 

5 TASK FORCES FOR COUNTERING CRIMINAL 

6 GANGS. 

7 The Director of the Federal Bureau of Investigation, 

8 in coordination with the Secretary of State, shall expand 

9 the efforts of the Transnational Anti-Gang Task Forces 

10 in El Salvador, Guatemala, and Honduras, including by— 

11 (1) expanding transnational criminal investiga12 tions focused on criminal gangs in El Salvador, Gua13 temala, and Honduras, such as the MS–13 and 18th 

14 Street organizations; 

15 (2) expanding training and partnership efforts 

16 with Salvadoran, Guatemalan, and Honduran law 

17 enforcement entities to disrupt and dismantle crimi18 nal gangs, both internationally and in their respec19 tive countries; 

20 (3) establishing or expanding gang-related in21 vestigative units; 

22 (4) collecting and disseminating intelligence to 

23 support related United States-based investigations; 

24 and 


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1 (5) expanding programming related to gang 

2 intervention and prevention for at-risk youth. 

3 SEC. 410. HINDERING IMMIGRATION, BORDER, AND CUS4 TOMS CONTROLS. 

5 (a) IMMIGRATION AND NATIONALITY ACT.—The Im6 migration and Nationality Act (8 U.S.C. 1101 et seq.) is 

7 amended by inserting after section 274D the following: 

8 ‘‘SEC. 274E. HINDERING IMMIGRATION, BORDER, AND CUS9 TOMS CONTROLS. 

10 ‘‘(a) ILLICIT SPOTTING.— 

11 ‘‘(1) IN GENERAL.—It shall be unlawful to 

12 knowingly surveil, track, monitor, or transmit the lo13 cation, movement, or activities of any officer or em14 ployee of a Federal, State, or tribal law enforcement 

15 agency with the intent to— 

16 ‘‘(A) gain financially; and 

17 ‘‘(B) violate the immigration laws, the cus18 toms and trade laws of the United States (as 

19 defined in section 2 of the Trade Facilitation 

20 and Trade Enforcement Act of 2015 (Public 

21 Law 114–125)), any other Federal law relating 

22 to transporting controlled substances, agri23 culture, or monetary instruments into the 

24 United States, or any Federal law relating to 

25 border controls measures of the United States. 


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1 ‘‘(2) PENALTY.—Any person who violates para2 graph (1) shall be fined under title 18, United 

3 States Code, imprisoned for not more than 5 years, 

4 or both. 

5 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER

6 CONTROLS.— 

7 ‘‘(1) IN GENERAL.—It shall be unlawful to 

8 knowingly and without lawful authorization— 

9 ‘‘(A) destroy or significantly damage any 

10 fence, barrier, sensor, camera, or other physical 

11 or electronic device deployed by the Federal 

12 Government to control an international border 

13 of, or a port of entry to, the United States; or 

14 ‘‘(B) otherwise construct, excavate, or 

15 make any structure intended to defeat, cir16 cumvent or evade such a fence, barrier, sensor 

17 camera, or other physical or electronic device 

18 deployed by the Federal Government to control 

19 an international border of, or a port of entry to, 

20 the United States. 

21 ‘‘(2) PENALTY.—Any person who violates para22 graph (1) shall be fined under title 18, United 

23 States Code, imprisoned for not more than 5 years, 

24 or both.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 of such Act (8 U.S.C. 1101 et seq.) is amended by insert3 ing after the item relating to section 274D the following: 

‘‘Sec. 274E. Hindering immigration, border, and customs controls.’’. 

4 SEC. 411. OFFICE OF INSPECTOR GENERAL OVERSIGHT. 

5 Not later than six months after enactment of this Act 

6 and every six months thereafter, the Inspector General of 

7 the Department of Homeland Security shall report to Con8 gress on the status of efforts to implement sections 403, 

9 404, and 405 of this Act and findings made after an10 nounced and unannounced inspections to U.S. Customs 

11 and Border Protection facilities. 

12 SEC. 412. FATALITY REPORTING. 

13 (a) QUARTERLY REPORTING.—The Secretary of 

14 Homeland Security shall publish information on a quar15 terly basis regarding each death of a person in the custody 

16 of the Commissioner of U.S. Customs and Border Protec17 tion or the Director of Immigration and Customs Enforce18 ment. 

19 (b) ANNUAL REPORTS.—Not later than 180 days 

20 after the date of the enactment of this Act and annually 

21 thereafter, the Secretary of Homeland Security shall sub22 mit to Congress a report that details all instances in which 

23 an individual in U.S. Customs and Border Protection cus24 tody has died in the prior fiscal year, including during 

25 transfer to another facility or while being released, as well 


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1 as all instances in which an individual has died as the re2 sult of an encounter with U.S. Customs and Border Pro3 tection, and the result of any subsequent investigation. 

4 Such reports shall also detail all instances in which an 

5 individual, including an individual in the custody of U.S. 

6 Customs and Border Protection, has suffered serious inju7 ries requiring hospitalization as a result of the use of force 

8 by U.S. Customs and Border Protection. 

9 SEC. 413. ESTABLISHMENT OF THE OFFICE OF OMBUDS10 MAN FOR BORDER AND IMMIGRATION RE11 LATED CONCERNS. 

12 (a) IN GENERAL.—The Secretary of Homeland Secu13 rity shall appoint an Ombudsman for Border and Immi14 gration Related Concerns (hereinafter referred to as the 

15 ‘‘Ombudsman’’) who will be independent of Department 

16 agencies and officers, and report directly to the Secretary. 

17 The Ombudsman shall have a background in immigration, 

18 civil rights, and law enforcement. 

19 (b) FUNCTIONS.—The functions of the Ombudsman 

20 shall be to— 

21 (1) establish an independent, neutral, and con22 fidential process to receive, investigate, resolve, and 

23 provide redress, including referral for investigation 

24 to the Office of the Inspector General, referral to 

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1 gration relief, or any other action determined appro2 priate, in cases in which Department officers or em3 ployees, or subcontracted or cooperating entity per4 sonnel, are alleged to have engaged in misconduct or 

5 violated the rights of individuals, associations, or 

6 employers; 

7 (2) establish an accessible and standardized 

8 complaint process regarding complaints against any 

9 officer or employee of U.S. Customs and Border 

10 Protection or U.S. Immigration and Customs En11 forcement, or any subcontracted or cooperating enti12 ty personnel, for violations of law or violations of 

13 standards of professional conduct pertaining to 

14 interaction with an alien in course of carrying out 

15 any duty under law; and 

16 (3) identify and thereafter review, examine, and 

17 make recommendations to address chronic concerns 

18 in border security and enforcement activities of U.S. 

19 Customs and Border Protection and U.S. Immigra20 tion and Customs Enforcement. 

21 (c) REPORT ON THE IMPACT OF BORDER ENFORCE22 MENT TECHNOLOGIES AND OPERATIONS ON BORDER

23 COMMUNITIES.—Not later than 180 days after the date 

24 of the enactment of this subsection, the Secretary shall 

25 submit to the Committee on Homeland Security and the 


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1 Committee on the Judiciary of the House of Representa2 tives and the Committee on Homeland Security and Gov3 ernmental Affairs and the Committee on the Judiciary of 

4 the Senate a report prepared by the Ombudsman that as5 sesses current technologies used at United States borders, 

6 and the impact on border communities of such tech7 nologies on civil rights, property rights, privacy rights, and 

8 civil liberties. 

9 TITLE V—PROMOTING EFFI10 CIENT PROCESSING OF ASY11 LUM SEEKERS; ADDRESSING 

12 IMMIGRATION COURT BACK13 LOGS; EFFICIENT REPATRI14 ATION OF MIGRANTS OR15 DERED REMOVED. 

16 SEC. 501. JOINT TASK FORCE TO ADDRESS RISE IN MI17 GRANTS. 

18 Pursuant to section 708 of the Homeland Security 

19 Act of 2002 (6 U.S.C. 348), not later than 60 days after 

20 the date of the enactment of this Act, the Secretary of 

21 Homeland Security shall establish and operate a depart22 mental Joint Task Force to coordinate border security op23 erations on the southern border of the United States to 

24 address the rise in asylum seekers and migrants, including 

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1 tion 208 of the Immigration and Nationality Act (8 U.S.C. 

2 1158) or other forms of humanitarian protection. 

3 SEC. 502. INCENTIVIZING APPLICATIONS AT PORTS OF 

4 ENTRY. 

5 (a) ACCESS TO PORTS OF ENTRY.—The Commis6 sioner of U.S. Customs and Border Protection shall en7 sure that individuals seeking to apply for asylum or other 

8 forms of relief under the immigration laws are able to 

9 make such applications at designated ports of arrival 

10 along the United States border. The Commissioner of U.S. 

11 Customs and Border Protection may not engage in any 

12 practice to deny or restrict access to such ports of arrival 

13 by such individuals. 

14 (b) MIGRANT PROTECTION PROTOCOLS.—An alien in 

15 proceedings under section 240 of the Immigration and Na16 tionality Act may not be removed, returned, or otherwise 

17 physically moved outside the United States until the con18 clusion of those proceedings. 

19 SEC. 503. STREAMLINING INTAKE OF ASYLUM SEEKERS. 

20 Not later than six months after the date of enactment 

21 of this Act, the Commissioner of U.S. Customs and Border 

22 Protection shall implement a plan to improve the efficiency 

23 and accuracy of initial intake processes for all individuals 

24 in the custody of U.S. Customs and Border Protection to 

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1 priate agency, or released with complete and accurate doc2 uments, within 72 hours of apprehension. 

3 SEC. 504. PRIORITIZING PROSECUTION RESOURCES FOR IL4 LEGAL ENTRY. 

5 (a) IN GENERAL.—An individual who has expressed 

6 a credible or reasonable fear of persecution filed an appli7 cation for asylum, withholding of removal, or protection 

8 under the Convention Against Torture, or expressed an 

9 intent to file such an application, may not be prosecuted 

10 under section 275(a) or 276(a) of the Immigration and 

11 Nationality Act (8 U.S.C. 1325(a), 1326(a)) until the ear12 lier of— 

13 (1) the date on which any such application has 

14 been finally adjudicated and denied, including any 

15 appeals thereto; or 

16 (2) in the case of an alien who expresses an in17 tent to file such an application, the date on which 

18 any applicable time limitation for the filing of such 

19 an application under section 208 of such Act has 

20 ended and no application has been filed. 

21 (b) AFFIRMATIVE DEFENSE.—In a case in which an 

22 individual is prosecuted under section 275(a) or 276(a) 

23 of the Immigration and Nationality Act (8 U.S.C. 

24 1325(a), 1326(a)) in violation of subsection (a), it shall 

25 be a defense that the alien has expressed a credible or 


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1 reasonable fear of persecution, filed an application for asy2 lum or another form of protection as described in sub3 section (a), or expressed an intent to file such an applica4 tion, and that such application has not been finally adju5 dicated and denied, including any appeals thereto. 

6 SEC. 505. EXPANDING ALTERNATIVES TO DETENTION. 

7 (a) FAMILY CASE MANAGEMENT PROGRAM.—The 

8 Secretary of Homeland Security shall expand use of the 

9 Family Case Management Program (described in section 

10 226 of Public Law 116–6) for apprehended aliens who are 

11 members of family units arriving in the United States, and 

12 develop additional community-based programs to increase 

13 the number of enrollees in the Alternatives to Detention 

14 program. 

15 (b) NONPROFIT ENTITY CONTRACTING PARTNER.— 

16 The Secretary of Homeland Security shall contract with 

17 qualified nonprofit entities for the operation of the Alter18 natives to Detention program, including the Family Case 

19 Management Program and other community-based pro20 grams described in subsection (a). 

21 (c) LEGAL ORIENTATION.—The Secretary of Home22 land Security shall ensure that enrollees in the Alter23 natives to Detention program, including the Family Case 

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1 entation consistent with program elements described in 

2 section 604(a)(2). 

3 SEC. 506. ELIMINATING IMMIGRATION COURT BACKLOGS. 

4 (a) ADDRESSING IMMIGRATION JUDGE SHORT5 AGES.—The Attorney General shall increase the total 

6 number of immigration judges by at least 55 judges per 

7 year for each of fiscal years 2020, 2021, 2022, 2023, and 

8 2024. 

9 (b) QUALIFICATION; SELECTION.—The Attorney 

10 General— 

11 (1) shall ensure that all newly hired immigra12 tion judges and Board of Immigration Appeals mem13 bers are highly qualified experts on immigration law 

14 and who are trained to conduct fair, impartial adju15 dications in accordance with applicable due process 

16 requirements; and 

17 (2) may not give any preference, in selecting 

18 immigration judges, to candidates with prior govern19 ment experience compared to equivalent subject-mat20 ter expertise resulting from nonprofit, private bar, or 

21 academic experience. 

22 (c) ADDRESSING SUPPORT STAFF SHORTAGES.— 

23 Subject to the availability of amounts made available in 

24 advance appropriation Acts, the Attorney General shall 

25 ensure that each immigration judge has sufficient support 


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1 staff, adequate technological and security resources, and 

2 appropriate courtroom facilities. 

3 (d) ADDITIONAL BOARD OF IMMIGRATION APPEALS

4 PERSONNEL.—The Attorney General shall increase the 

5 number of Board of Immigration Appeals staff attorneys 

6 (including necessary additional support staff) to efficiently 

7 process cases by at least 23 attorneys per year for each 

8 of fiscal years 2020, 2021, and 2022. 

9 (e) GAO REPORT.—The Comptroller General of the 

10 United States shall— 

11 (1) conduct a study of the impediments to effi12 cient hiring of immigration court judges within the 

13 Department of Justice; and 

14 (2) propose solutions to Congress for improving 

15 the efficiency of the hiring process. 

16 SEC. 507. IMPROVED TRAINING FOR IMMIGRATION JUDGES 

17 AND MEMBERS OF THE BOARD OF IMMIGRA18 TION APPEALS. 

19 (a) IN GENERAL.—To ensure efficient and fair pro20 ceedings, the Director of the Executive Office for Immi21 gration Review shall establish or expand (as appropriate) 

22 training programs for immigration judges and members 

23 of the Board of Immigration Appeals. 

24 (b) MANDATORY TRAINING.—Training referred to 

25 under subsection (a) shall include— 


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1 (1) expansion of the training program for new 

2 immigration judges and Board members to include 

3 age-, gender-, and trauma-sensitivity; 

4 (2) continuing education regarding current de5 velopments in immigration law, including through 

6 regularly available training resources and an annual 

7 conference; and 

8 (3) training on properly crafting and dictating 

9 decisions and standards of review, including im10 proved on-bench reference materials and decision 

11 templates. 

12 SEC. 508. NEW TECHNOLOGY TO IMPROVE COURT EFFI13 CIENCY. 

14 The Director of the Executive Office for Immigration 

15 Review shall modernize its case management, video-tele16 conferencing, digital audio recording, and related elec17 tronic and computer-based systems, including by allowing 

18 for electronic filing, to improve efficiency in the processing 

19 of immigration proceedings. 

20 SEC. 509. COURT APPEARANCE COMPLIANCE AND LEGAL 

21 ORIENTATION. 

22 (a) ACCESS TO LEGAL ORIENTATION PROGRAMS TO

23 ENSURE COURT APPEARANCE COMPLIANCE.— 

24 (1) IN GENERAL.—The Secretary of Homeland 

25 Security, in consultation with the Attorney General, 


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1 shall establish procedures to ensure that legal ori2 entation programs are available for all aliens de3 tained by the Department of Homeland Security. 

4 (2) PROGRAM ELEMENTS.—Programs under 

5 paragraph (1) shall provide information to aliens re6 garding— 

7 (A) the basic procedures of immigration 

8 hearings; 

9 (B) the rights and obligations of aliens re10 lating to immigration hearings, including the 

11 consequences of filing frivolous legal claims and 

12 of failing to appear for proceedings; 

13 (C) legal protections available to aliens, 

14 and the procedures for requesting such protec15 tions; 

16 (D) legal resources available to aliens, and 

17 lists of potential legal providers; and 

18 (E) other subjects determined to be appro19 priate and necessary by the Attorney General. 

20 (3) ELIGIBILITY.—An alien shall be given ac21 cess to legal orientation programs under this sub22 section regardless of the alien’s current immigration 

23 status, prior immigration history, or potential for 

24 immigration relief. 


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1 (b) EXPANSION OF THE INFORMATION HELP DESK

2 PROGRAM FOR NON-DETAINED ALIENS IN REMOVAL

3 PROCEEDINGS.—The Attorney General shall expand the 

4 information help desk program to all immigration courts 

5 to provide aliens who are not detained and who have pend6 ing asylum claims access to information related to that 

7 alien’s immigration status. 

8 SEC. 510. IMPROVING COURT EFFICIENCY AND REDUCING 

9 COSTS BY INCREASING ACCESS TO LEGAL IN10 FORMATION. 

11 (a) APPOINTMENT OF COUNSEL IN CERTAIN CASES; 

12 RIGHT TO REVIEW CERTAIN DOCUMENTS IN REMOVAL

13 PROCEEDINGS.—Section 240(b) of the Immigration and 

14 Nationality Act (8 U.S.C. 1229a(b)) is amended— 

15 (1) in paragraph (4)— 

16 (A) in subparagraph (A)— 

17 (i) by striking ‘‘, at no expense to the 

18 Government,’’; and 

19 (ii) by striking the comma at the end 

20 and inserting a semicolon; 

21 (B) by redesignating subparagraphs (B) 

22 and (C) as subparagraphs (D) and (E), respec23 tively; 

24 (C) by inserting after subparagraph (A) 

25 the following: 


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1 ‘‘(B) the Attorney General may appoint or 

2 provide counsel, at Government expense, to 

3 aliens in immigration proceedings; 

4 ‘‘(C) the alien shall, at the beginning of 

5 the proceedings or as expeditiously as possible 

6 thereafter, receive a complete copy of all rel7 evant documents in the possession of the De8 partment of Homeland Security, including all 

9 documents (other than documents protected 

10 from disclosure by privilege, including national 

11 security information referred to in subpara12 graph (D), law enforcement sensitive informa13 tion, and information prohibited from disclosure 

14 pursuant to any other provision of law) con15 tained in the file maintained by the Government 

16 that includes information with respect to all 

17 transactions involving the alien during the im18 migration process (commonly referred to as an 

19 ‘A-file’), and all documents pertaining to the 

20 alien that the Department of Homeland Secu21 rity has obtained or received from other govern22 ment agencies, unless the alien waives the right 

23 to receive such documents by executing a know24 ing and voluntary written waiver in a language 

25 that he or she understands;’’; and 


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1 (D) in subparagraph (D), as redesignated, 

2 by striking ‘‘, and’’ and inserting ‘‘; and’’; and 

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

4 ‘‘(8) FAILURE TO PROVIDE ALIEN REQUIRED

5 DOCUMENTS.—In the absence of a written waiver 

6 under paragraph (4)(C), a removal proceeding may 

7 not proceed until the alien— 

8 ‘‘(A) has received the documents as re9 quired under such paragraph; and 

10 ‘‘(B) has been provided meaningful time to 

11 review and assess such documents.’’. 

12 (b) CLARIFICATION REGARDING THE AUTHORITY OF

13 THE ATTORNEY GENERAL TO APPOINT COUNSEL TO

14 ALIENS IN IMMIGRATION PROCEEDINGS.—Section 292 of 

15 the Immigration and Nationality Act (8 U.S.C. 1362) is 

16 amended— 

17 (1) by striking ‘‘In any’’ and inserting the fol18 lowing: 

19 ‘‘(a) IN GENERAL.—In any proceeding conducted 

20 under section 235, 236, 238, 240, 241, or any other sec21 tion of this Act, in any’’; 

22 (2) in subsection (a), as redesignated— 

23 (A) by striking ‘‘(at no expense to the Gov24 ernment)’’; and 


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1 (B) by striking ‘‘he shall’’ and inserting 

2 ‘‘the person shall’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(b) ACCESS TO COUNSEL.—The Attorney General 

5 may appoint or provide counsel to aliens in any proceeding 

6 conducted under section 235, 236, 238, 240, or 241 or 

7 any other section of this Act. The Secretary of Homeland 

8 Security shall ensure that aliens have access to counsel 

9 inside all immigration detention and border facilities.’’. 

10 (c) APPOINTMENT OF COUNSEL FOR CHILDREN AND

11 VULNERABLE ALIENS.— 

12 (1) IN GENERAL.—Section 292 of the Immigra13 tion and Nationality Act (8 U.S.C. 1362), as amend14 ed by paragraph (2), is further amended by adding 

15 at the end the following: 

16 ‘‘(c) CHILDREN AND VULNERABLE INDIVIDUALS.— 

17 Notwithstanding subsection (b), the Attorney General 

18 shall appoint counsel at the expense of the Government 

19 to any person financially unable to obtain adequate rep20 resentation at the beginning of the proceedings or as expe21 ditiously as possible, to represent in such proceedings any 

22 alien who has been determined by the Secretary of Home23 land Security or the Attorney General to be— 

24 ‘‘(1) a child (as defined in section 101(b)(1) of 

25 this Act); 


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1 ‘‘(2) a particularly vulnerable individual, includ2 ing— 

3 ‘‘(A) a person with a disability; 

4 ‘‘(B) a victim of abuse, torture, or violence; 

5 or 

6 ‘‘(C) a pregnant or lactating woman; or 

7 ‘‘(3) the parent of a United States citizen 

8 minor. 

9 ‘‘(d) EXTENSION TO CONSOLIDATED CASES.—If the 

10 Attorney General has consolidated the case of any alien 

11 for whom counsel was appointed under subsection (c) with 

12 that of any other alien, and that other alien does not have 

13 counsel, then the counsel appointed under subsection (c) 

14 shall be appointed to represent such other alien unless 

15 there is a demonstrated conflict of interest.’’. 

16 (2) RULEMAKING.—Not later than 180 days 

17 after the date of enactment of this title, the Attor18 ney General shall promulgate regulations to imple19 ment section 292(c) of the Immigration and Nation20 ality Act, as added by paragraph (1). 

21 (d) IN GENERAL.—Chapter 9 of the Immigration and 

22 Nationality Act is amended by adding at the end the fol23 lowing: 


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1 ‘‘SEC. 295. SUPPLEMENTARY SURCHARGE. 

2 ‘‘(a) IN GENERAL.—There is established in the gen3 eral fund of the Treasury a separate account which shall 

4 be known as the ‘Immigration Counsel Account’. Notwith5 standing any other section of this title, there shall be de6 posited as offsetting receipts into the Immigration Counsel 

7 Account all fees collected under subsection (c) of this sec8 tion, to remain available until expended for purposes of 

9 providing access to counsel when required or authorized 

10 under this Act. 

11 ‘‘(b) REPORT.—At the end of each 2-year period, be12 ginning with the creation of this account, the Secretary 

13 of Homeland Security, following a public rulemaking with 

14 opportunity for notice and comment, shall submit a report 

15 to the Congress concerning the status of the account, in16 cluding any balances therein, and recommend any adjust17 ment in the prescribed fee that may be required to ensure 

18 that the receipts collected from the fee charged for the 

19 succeeding two years equal, as closely as possible, the cost 

20 of providing access to counsel when required or authorized 

21 under this Act. 

22 ‘‘(c) RECEIPTS.—In any case in which a fee is 

23 charged pursuant to this Act or any of the other immigra24 tion laws, an additional surcharge of $25 shall also be im25 posed and collected.’’. 


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1 (e) TABLE OF CONTENTS.—The table of contents for 

2 such Act is amended by inserting after the item relating 

3 to section 294 the following: 

‘‘Sec. 295. Supplementary surcharge.’’. 

4 (f) MOTIONS TO REOPEN.—Section 240(c)(7)(C) of 

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

6 1229a(c)(7)(C)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(v) SPECIAL RULE FOR CHILDREN

9 AND OTHER VULNERABLE ALIENS.—If the 

10 Attorney General fails to appoint counsel 

11 for an alien in violation of section 292(c)— 

12 ‘‘(I) no limitation under this 

13 paragraph pertaining to the filing of 

14 any motion under this paragraph by 

15 such alien shall apply; and 

16 ‘‘(II) the filing of such a motion 

17 shall stay the removal of the alien.’’. 

18 SEC. 511. FACILITATING SAFE AND EFFICIENT REPATRI19 ATION. 

20 (a) UNITED STATES SUPPORT FOR REINTEGRA21 TION.—The Secretary of State, in consultation with the 

22 Secretary of Homeland Security and the Administrator of 

23 the United States Agency for International Development, 

24 shall coordinate with the governments of El Salvador, 

25 Guatemala, and Honduras to develop and fund programs 


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1 for the successful reintegration of families, unaccompanied 

2 children, and other aliens repatriated to their countries of 

3 origin by— 

4 (1) providing comprehensive reintegration serv5 ices at the municipal level for repatriated aliens, in6 cluding family reunification and access to medical 

7 and psychosocial services; 

8 (2) supporting the establishment of educational 

9 and vocational centers for repatriated aliens that 

10 provide skills training relevant to national and local 

11 economic needs; 

12 (3) promoting the hiring of repatriated aliens in 

13 the private sector, including strategic partnerships 

14 with specific industries and businesses; 

15 (4) supporting the issuance of appropriate doc16 uments to repatriated aliens, including identification 

17 documents, documents related to educational attain18 ment, and documents certifying skill attainment; and 

19 (5) monitoring repatriated unaccompanied chil20 dren to ensure they have been adequately screened 

21 and processed in the United States. 

22 (b) CONSULTATION WITH NONGOVERNMENTAL OR23 GANIZATIONS.—In developing reintegration programs in 

24 countries of repatriation, the Secretary of State shall con25 sult with nongovernmental organizations in such countries 


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1 and the United States with experience in integrating repa2 triated individuals and families, protecting and ensuring 

3 the welfare of unaccompanied alien children, and pro4 moting economic development and skills acquisition. 

5 TITLE VI—PROTECTING FAMILY 

6 VALUES AND MONITORING 

7 AND CARING FOR UNACCOM8 PANIED ALIEN CHILDREN 

9 AFTER ARRIVAL. 

10 SEC. 601. LIMITATION ON THE SEPARATION OF FAMILIES. 

11 (a) IN GENERAL.—An agent or officer of U.S. Cus12 toms and Border Protection may not remove a child from 

13 his or her parent or legal guardian, at the port of entry 

14 or within 100 miles of a border of the United States, un15 less one of the following has occurred: 

16 (1) A State court, authorized under State law, 

17 terminates the rights of the parent or legal guard18 ian, determines that it is in the best interests of the 

19 child to be removed from the parent or legal guard20 ian, in accordance with the Adoption and Safe Fam21 ilies Act of 1997 (Public Law 105–89), or makes 

22 any similar determination that is legally authorized 

23 under State law. 

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1 opment makes a best interests determination that 

2 the child be removed from the parent or legal guard3 ian because the child is in danger of abuse or neglect 

4 at the hands of the parent or legal guardian, or is 

5 a danger to herself or others. 

6 (3) The Chief Patrol Agent or the Area Port 

7 Director in their official and undelegated capacity, 

8 authorizes separation upon the recommendation by 

9 an agent or officer, based on a finding that— 

10 (A) the child is a victim of trafficking or 

11 is at significant risk of becoming a victim of 

12 trafficking; 

13 (B) there is a strong likelihood that the 

14 adult is not the parent or legal guardian of the 

15 child; or 

16 (C) the child is in danger of abuse or ne17 glect at the hands of the parent or legal guard18 ian, or is a danger to themselves or others. 

19 (b) EXCEPTION.—If a child is removed from his or 

20 her parent or legal guardian under this section, an inde21 pendent child welfare expert licensed by the State or coun22 ty in which the child was so removed, must authorize the 

23 separation not later than 48 hours after such removal, and 

24 if such expert does not authorize such separation, the child 


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1 shall be reunited with his or her parent or legal guardian 

2 not later than 48 hours after such determination. 

3 (c) PROHIBITION ON SEPARATION.— 

4 (1) IN GENERAL.—A designated agency may 

5 not remove a child from a parent or legal guardian 

6 solely for the policy goal of deterring individuals 

7 from migrating to the United States or for the pol8 icy goal of promoting compliance with civil immigra9 tion laws. 

10 (2) PENALTY FOR FAMILY SEPARATION.—Any 

11 person who knowingly separates a child from his or 

12 her parent or legal guardian in violation of this sec13 tion, shall be fined not more than $10,000. 

14 (d) DOCUMENTATION REQUIRED.—The Secretary 

15 shall ensure that a separation under subsection (a)(3) is 

16 documented in writing and includes, at a minimum, the 

17 reason for such separation, together with the stated evi18 dence for such separation. The Secretary shall take such 

19 actions as may be feasible to acquire written documenta20 tion pertaining to any separation under subsection (a)(1) 

21 or (a)(2). 

22 SEC. 602. FAMILY REUNIFICATION. 

23 (a) FAMILY REUNIFICATION.—The Secretary shall 

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1 ian at or near a port of entry or within 100 miles of the 

2 border, or otherwise removed from a parent or legal guard3 ian by the Secretary of Health and Human Services, the 

4 Secretary of Homeland Security, the Attorney General, 

5 the Director of the Bureau of Prisons, or any agent or 

6 agency thereof, if the prior removal was not in conformity 

7 with section 601, regardless of when the separation took 

8 place. 

9 (b) PARENTAL RIGHTS.—Consistent with the laws of 

10 the State in which the child is located, only an order from 

11 a court of competent jurisdiction may terminate the rights 

12 of a parent or legal guardian, including the rights of a 

13 parent or legal guardian separated from a child in the cus14 tody of the Department of Homeland Security. 

15 SEC. 603. PROHIBITING USE OF CERTAIN INFORMATION. 

16 The Secretary of Homeland Security may not use in17 formation initially obtained by the Secretary of Health 

18 and Human Services, including information used to make 

19 a suitability determination, a home study determination, 

20 or a secure facility determination, for the purpose of ap21 prehending, detaining, or removing from the United 

22 States— 

23 (1) an unaccompanied alien child; 

24 (2) the proposed sponsor or current sponsor; or 


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1 (3) a resident of the home in which the pro2 posed sponsor or current sponsor resides. 

3 SEC. 604. RESPONSIBILITY OF SPONSOR FOR IMMIGRATION 

4 COURT COMPLIANCE AND CHILD WELL5 BEING. 

6 (a) IN GENERAL.—The Secretary of Health and 

7 Human Services, in consultation with the Attorney Gen8 eral, shall establish procedures to ensure that a legal ori9 entation program is provided to all sponsors of unaccom10 panied alien children prior to the placement with a spon11 sor. 

12 (b) PROGRAM ELEMENTS.—Programs under sub13 section (a) shall provide information to sponsors regard14 ing— 

15 (1) the basic procedures of immigration hear16 ings; 

17 (2) the rights and obligations of the unaccom18 panied alien child relating to immigration hearings, 

19 including the consequences of filing frivolous legal 

20 claims and of failing to appear for proceedings; 

21 (3) the obligation of the sponsor to ensure the 

22 unaccompanied alien child appears at immigration 

23 court proceedings, and notify the court of the child’s 

24 change of address and other relevant information; 


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1 (4) legal protections available to unaccompanied 

2 alien children, and the procedures for requesting 

3 such protections; 

4 (5) legal resources available to unaccompanied 

5 alien children, and lists of potential legal providers; 

6 (6) the sponsor’s obligation to address the 

7 needs of the unaccompanied alien child, including 

8 providing access to health care and enrolling the 

9 child in an educational institution; 

10 (7) the importance of reporting potential child 

11 traffickers and other persons seeking to victimize or 

12 exploit unaccompanied alien children, or otherwise 

13 engage such children in criminal, harmful, or dan14 gerous activity; and 

15 (8) other subjects determined to be appropriate 

16 and necessary by the Secretary of Health and 

17 Human Services or the Attorney General. 

18 SEC. 605. MONITORING UNACCOMPANIED ALIEN CHIL19 DREN. 

20 (a) RISK-BASED POST-PLACEMENT SERVICES.— 

21 (1) IN GENERAL.—The Secretary of Health and 

22 Human Services shall, to assist an unaccompanied 

23 alien child in a placement with a sponsor— 


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1 (A) complete an individualized assessment 

2 of the need for services to be provided after 

3 placement; 

4 (B) provide such post-placement services to 

5 the child during the pendency of removal pro6 ceedings or until no longer necessary; and 

7 (C) assess whether a child’s separation 

8 from a detained parent is causing hardship 

9 such that the parent should be recommended 

10 for humanitarian parole in the best interests of 

11 the child. 

12 (2) MINIMUM SERVICES.—For purposes of 

13 paragraph (1), the services shall, at a minimum, in14 clude— 

15 (A) for the unaccompanied alien child, at 

16 least one in-person post-placement case man17 agement services visit within 30 days after 

18 placement with a sponsor, the referral of unac19 companied alien children to service providers in 

20 the community, and support on enrollment in 

21 an educational institution; and 

22 (B) for the family of the child’s sponsor, 

23 orientation and other functional family support 

24 services, as determined to be necessary in the 

25 individualized assessment. 


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1 (3) IDENTIFYING NEW AREAS OF VULNER2 ABILITY.—Within 90 days after the date of enact3 ment of this Act, the Director of the Office for Ref4 ugee Resettlement shall consult with family reunifi5 cation service providers on the emergence of new or 

6 additional risk factors for children that would neces7 sitate mandatory family reunification services. 

8 (b) EFFECTIVE USE OF CHILD ADVOCATES FOR THE

9 MOST VULNERABLE UNACCOMPANIED ALIEN CHIL10 DREN.— 

11 (1) The Secretary of Health and Human Serv12 ices shall instruct the Director of the Office of Ref13 ugee Resettlement to— 

14 (A) identify and track the referral rates of 

15 unaccompanied alien children to child advocates 

16 by care providers and investigate instances in 

17 which such a rate is low; 

18 (B) ensure that the referral criteria estab19 lished by the Director are appropriately applied 

20 when a care provider determines that a child is 

21 eligible for referral to a child advocate; 

22 (C) provide technical assistance to care 

23 providers to ensure compliance with such cri24 teria; and 


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1 (D) establish a process for stakeholders 

2 and the public to refer unaccompanied alien 

3 children, including those placed with a sponsor, 

4 to the Office for Refugee Resettlement to deter5 mine if such child meets the referral criteria for 

6 appointment of a child advocate; and 

7 (2) ensure that each child advocate for an unac8 companied alien child is— 

9 (A) provided access to materials necessary 

10 to advocate effectively for the best interest of 

11 the child, including direct access to significant 

12 incident reports, home studies, and similar ma13 terials and information; and 

14 (B) notified when new materials and infor15 mation described in subparagraph (A) relating 

16 to the child are created or become available. 

17 SEC. 606. FUNDING TO SCHOOL DISTRICTS FOR UNACCOM18 PANIED ALIEN CHILDREN. 

19 (a) GRANTS AUTHORIZED.—The Secretary of Edu20 cation shall award grants, on a competitive basis, to eligi21 ble local educational agencies, or consortia of neighboring 

22 local educational agencies, described in subsection (b) to 

23 enable the local educational agencies or consortia to en24 hance opportunities for, and provide services to, immi25 grant children including unaccompanied alien children, in 


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1 the area served by the local educational agencies or con2 sortia. 

3 (b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 

4 (1) IN GENERAL.—A local educational agency, 

5 or a consortium of neighboring local educational 

6 agencies, is eligible for a grant under subsection (a) 

7 if, during the fiscal year for which a grant is award8 ed under this section, there are 50 or more unac9 companied alien children enrolled in the public 

10 schools served by the local educational agency or the 

11 consortium, respectively. 

12 (2) DETERMINATIONS OF NUMBER OF UNAC13 COMPANIED ALIEN CHILDREN.—The Secretary of 

14 Education shall determine the number of unaccom15 panied alien children for purposes of paragraph (1) 

16 based on the most accurate data available that is 

17 provided to the Secretary of Education by the Direc18 tor or the Department of Homeland Security. 

19 (c) APPLICATIONS.—A local educational agency, or a 

20 consortia of neighboring local educational agencies, desir21 ing a grant under this section shall submit an application 

22 to the Secretary of Education at such time, in such man23 ner, and containing such information, as the Secretary of 

24 Education may require, including a description of how the 

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1 vide services to, immigrant children and youth (including 

2 unaccompanied alien children) and their families. 

3 SEC. 607. SCHOOL ENROLLMENT. 

4 To be eligible for funding under the Elementary and 

5 Secondary Education Act of 1965 (20 U.S.C. 6301 et 

6 seq.), a local educational agency shall take measures to— 

7 (1) ensure that an unaccompanied alien child in 

8 the area served by the local educational agency is 

9 enrolled in school within 7 days following a request 

10 for enrollment; and 

11 (2) remove barriers to enrollment and full par12 ticipation in educational programs and services of13 fered by the local educational agency for unaccom14 panied alien children (including barriers related to 

15 documentation, age, and language), which shall in16 clude reviewing and revising policies that may have 

17 a negative effect on such children. 

18 SEC. 608. DEFINITIONS. 

19 (a) DEFINITIONS.—In this title: 

20 (1) AGENT OR OFFICER.—The term ‘‘agent or 

21 officer’’ includes contractors of the Federal Govern22 ment. 

23 (2) CHILD.—The term ‘‘child’’ means an indi24 vidual who— 

25 (A) has not reached the age of 18; and 


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1 (B) has no permanent immigration status. 

2 (3) DESIGNATED AGENCY.—The term ‘‘des3 ignated agency’’ means— 

4 (A) the Department of Homeland Security; 

5 (B) the Department of Justice; and 

6 (C) the Department of Health and Human 

7 Services. 

8 (4) FINDING.—The term ‘‘finding’’ means an 

9 individualized written assessment or screening for10 malized as required under subsection (d). 

11 (5) IN DANGER OF ABUSE OR NEGLECT AT THE

12 HAND OF THE PARENT OR LEGAL GUARDIAN.—The 

13 term ‘‘in danger of abuse or neglect at the hands of 

14 the parent or legal guardian’’ does not include mi15 grating to or crossing of a border of the United 

16 States. 

17 (6) LOCAL EDUCATIONAL AGENCY.—The term 

18 ‘‘local educational agency’’ has the meaning given 

19 the term in section 8101 of the Elementary and Sec20 ondary Education Act of 1965 (20 U.S.C. 7801). 

21 (7) RESIDENT ADULT.—The term ‘‘resident 

22 adult’’ means any individual who is at least 18 years 

23 of age and regularly lives, shares common areas, and 

24 sleeps in a sponsor or prospective sponsor’s home. 


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1 (8) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Homeland Security. 

Æ 


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