II 

117TH CONGRESS 

1ST SESSION S. 959 

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

refugee application and processing centers outside the United States, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 24, 2021 

Mr. GRAHAM (for himself, Mr. TILLIS, and Mr. BARRASSO) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

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

Act to end abuse of the asylum system and establish 

refugee application and processing centers outside the 

United States, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Act of 2021’’. 


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1 SEC. 2. PROTECTION OF MINORS. 

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

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

5 adding at the end the following: 

6 ‘‘(j) PROMOTING FAMILY UNITY.— 

7 ‘‘(1) DETENTION OF ALIEN MINORS.— 

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

9 other provision of law, judicial determination, 

10 consent decree, or settlement agreement, the 

11 Secretary of Homeland Security may detain any 

12 alien minor (other than an unaccompanied alien 

13 child) who is inadmissible to the United States 

14 under section 212(a) of the Immigration and 

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

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

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

20 an unaccompanied alien child. 

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

23 ‘‘(i) prioritize the removal proceedings 

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


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

2 more than 100 days for such proceedings. 

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

5 alien minor described in subparagraph (A)— 

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

8 the Immigration and Nationality Act (8 

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

10 1231) and implementing regulations or 

11 policies; and 

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

16 or release alien minors. 

17 ‘‘(2) CONDITIONS OF DETENTION.— 

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

19 other provision of law, judicial determination, 

20 consent decree, or settlement agreement, the 

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

23 conditions of detention applicable to an alien 

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


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1 of whether the alien minor was previously an 

2 unaccompanied alien child. 

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

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

7 this section— 

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

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

11 a claim arising under the Constitution of the 

12 United States. 

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

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

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

20 guardians of such children, that is located in the 

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

22 subdivision thereof. 

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

24 of Homeland Security shall ensure that each— 


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1 ‘‘(A) family residential facility is secure 

2 and safe; and 

3 ‘‘(B) alien child and accompanying parent 

4 at a family residential facility has— 

5 ‘‘(i) suitable living accommodations; 

6 ‘‘(ii) access to drinking water and 

7 food; 

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

10 and 

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

13 child. 

14 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

15 There are authorized to be appropriated such sums 

16 as may be necessary to carry out this subsection. 

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

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

21 the date of the enactment of this subsection, subject 

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

24 1997, in the United States District Court for the 

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


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

3 of that agreement or judicial determination based on 

4 that agreement— 

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

6 and obligations in subsection (j) or imposed by 

7 the William Wilberforce Trafficking Victims 

8 Protection Reauthorization Act of 2008 (Public 

9 Law 110–457); and 

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

11 and the obligations imposed by such settlement 

12 agreement or judicial determination. 

13 ‘‘(2) OTHER SETTLEMENT AGREEMENTS OR

14 CONSENT DECREES.—In any civil action with respect 

15 to the conditions of detention of alien children, the 

16 court shall not enter or approve a settlement agree17 ment or consent decree unless it complies with the 

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

19 (b) SAFE AND PROMPT RETURN OF UNACCOM20 PANIED ALIEN CHILDREN.—Section 235(a) of the Wil21 liam Wilberforce Trafficking Victims Protection Reauthor22 ization Act of 2008 (8 U.S.C. 1232(a)) is amended— 

23 (1) in paragraph (2)— 


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1 (A) by amending the paragraph heading to 

2 read as follows: ‘‘RULES FOR REPATRIATING

3 UNACCOMPANIED ALIEN CHILDREN’’; 

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

5 preceding clause (i), by striking ‘‘who is a na6 tional or habitual resident of a country that is 

7 contiguous with the United States shall be 

8 treated in accordance with subparagraph (B)’’ 

9 and inserting ‘‘shall be treated in accordance 

10 with this paragraph or subsection (b), as appli11 cable’’; 

12 (C) in subparagraph (B)— 

13 (i) by redesignating clauses (i) and 

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

15 the subclauses two ems to the right; 

16 (ii) in the matter preceding subclause 

17 (I), as so redesignated, by striking ‘‘An im18 migration officer’’ and inserting the fol19 lowing: 

20 ‘‘(i) IN GENERAL.—An immigration 

21 officer’’; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(ii) CHILDREN UNABLE TO MAKE

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1 DRAWAL OF APPLICATIONS FOR ADMIS2 SION.—If at the time of initial apprehen3 sion, an immigration officer determines, in 

4 the sole and unreviewable discretion of the 

5 immigration officer, that an unaccom6 panied alien child is not able to make an 

7 independent decision with respect to the 

8 withdrawal of his or her application for ad9 mission to the United States, the immigra10 tion officer shall refer the unaccompanied 

11 alien child for removal proceedings under 

12 section 240 of the Immigration and Na13 tionality Act (8 U.S.C. 1229a). 

14 ‘‘(iii) CHILDREN ABLE TO MAKE DECI15 SIONS WITH RESPECT TO WITHDRAWAL OF

16 APPLICATIONS FOR ADMISSION.— 

17 ‘‘(I) IN GENERAL.—Except as 

18 described in subclause (III)(aa), not19 withstanding any other provision of 

20 law that requires removal proceedings 

21 under section 240 of the Immigration 

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

23 including subparagraph (D) and sec24 tion 235 of the Immigration and Na25 tionality Act (8 U.S.C. 1225), in the 


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1 case of an unaccompanied alien child 

2 who is able to make an independent 

3 decision with respect to the with4 drawal of his or her application for 

5 admission to the United States, as de6 termined by an immigration officer at 

7 the time of initial apprehension, and 

8 does not wish to withdraw such appli9 cation, the immigration officer shall— 

10 ‘‘(aa) make a record of any 

11 finding of inadmissibility or de12 portability, which shall be the 

13 basis of a repatriation order, 

14 which shall be carried out and 

15 the child shall be returned to his 

16 or her country of nationality or 

17 last habitual residence, unless the 

18 child is referred— 

19 ‘‘(AA) for removal pro20 ceedings pursuant to sub21 clause (III)(aa); or 

22 ‘‘(BB) to an immigra23 tion judge for a determina24 tion pursuant to subclause 

25 (III)(bb); and 


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1 ‘‘(bb) refer the unaccom2 panied alien child for an inter3 view under subclause (II) to de4 termine whether it is more likely 

5 than not that the unaccompanied 

6 alien child— 

7 ‘‘(AA) will be subjected 

8 to trafficking on return to 

9 his or her country of nation10 ality or last habitual resi11 dence; and 

12 ‘‘(BB) would be grant13 ed asylum under section 208 

14 of the Immigration and Na15 tionality Act (8 U.S.C. 

16 1158), withholding of re17 moval under section 

18 241(b)(3) of that Act (8 

19 U.S.C. 1231(b)(3)), or pro20 tection under the regulations 

21 issued pursuant to the legis22 lation implementing the 

23 Convention Against Torture 

24 and Other Cruel, Inhuman 

25 or Degrading Treatment or 


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1 Punishment, done at New 

2 York, December 10, 1984 

3 (referred to in this clause as 

4 the ‘Convention Against 

5 Torture’). 

6 ‘‘(II) INTERVIEW.— 

7 ‘‘(aa) IN GENERAL.—An 

8 interview under subclause (I)(bb) 

9 shall be conducted by an immi10 gration officer with specialized 

11 training relating to— 

12 ‘‘(AA) applicable law; 

13 ‘‘(BB) interviewing 

14 children; and 

15 ‘‘(CC) child trafficking. 

16 ‘‘(III) DETERMINATIONS BASED

17 ON INTERVIEW.— 

18 ‘‘(aa) REMOVAL PRO19 CEEDINGS.—An unaccompanied 

20 alien child described in subclause 

21 (I) shall be referred for removal 

22 proceedings under section 240 of 

23 the Immigration and Nationality 

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

25 on an interview under item (bb) 


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1 of that subclause, the immigra2 tion officer makes a determina3 tion that it is more likely than 

4 not that the unaccompanied alien 

5 child will be trafficked on return 

6 to his or her country of nation7 ality or last habitual residence. 

8 ‘‘(bb) ASYLUM ONLY DETER9 MINATIONS.— 

10 ‘‘(AA) IN GENERAL.— 

11 If, based on an interview 

12 under subclause (I)(bb), the 

13 immigration officer makes a 

14 determination that it is 

15 more likely than not that the 

16 claim of an unaccompanied 

17 alien child for asylum under 

18 section 208 of the Immigra19 tion and Nationality Act (8 

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

21 removal under section 

22 241(b)(3) of that Act (8 

23 U.S.C. 1231(b)(3)), or pro24 tection under the Convention 

25 Against Torture will be 


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1 granted, the unaccompanied 

2 alien child shall be referred 

3 to an immigration judge 

4 solely for a determination 

5 with respect to whether the 

6 unaccompanied alien child is 

7 eligible for asylum under 

8 section 208 of that Act (8 

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

10 removal under section 

11 241(b)(3) of that Act (8 

12 U.S.C. 1231(b)(3)), or pro13 tection under the regulations 

14 issued pursuant to the legis15 lation implementing the 

16 Convention Against Torture 

17 and, if otherwise eligible for 

18 asylum, whether asylum 

19 shall be granted in the exer20 cise of discretion. 

21 ‘‘(BB) REPATRI22 ATION.—An unaccompanied 

23 alien child referred to an im24 migration judge under 

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1 turned to his or her country 

2 of nationality or last habit3 ual residence if the immigra4 tion judge finds that the un5 accompanied alien child is 

6 not entitled to asylum, with7 holding of removal, or pro8 tection under the regulations 

9 issued pursuant to the legis10 lation implementing the 

11 Convention Against Torture. 

12 ‘‘(IV) DISCRETION OF IMMIGRA13 TION OFFICER; NO JUDICIAL RE14 VIEW.—A decision of an immigration 

15 officer under this clause, and the 

16 issuance of a repatriation order, shall 

17 be in the sole, unreviewable discretion 

18 of the immigration officer. 

19 ‘‘(iv) DETENTION DURING PRO20 CEEDINGS.— 

21 ‘‘(I) IN GENERAL.—Except as 

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

23 notwithstanding any other provision of 

24 law, settlement agreement, or consent 

25 decree, an unaccompanied alien child 


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1 shall not be released from the custody 

2 of the Secretary of Homeland Security 

3 or the Director of the Office of Ref4 ugee Resettlement during the pend5 ency of the immigration or removal 

6 proceedings of the unaccompanied 

7 alien child. 

8 ‘‘(II) RELEASE TO SPONSOR.— 

9 ‘‘(aa) IN GENERAL.—Except 

10 as provided in item (bb), the Di11 rector of the Office of Refugee 

12 Resettlement may, in the sole, 

13 unreviewable discretion of the Di14 rector, release an unaccompanied 

15 alien child to a sponsor who is a 

16 verified parent or legal guardian 

17 or, in the case of an unaccom18 panied alien child who does not 

19 have a verified parent or legal 

20 guardian in the United States, a 

21 close relative, a distant relative, 

22 or an unrelated adult. 

23 ‘‘(bb) EXCEPTION.—The Di24 rector of the Office of Refugee 

25 Resettlement shall not under any 


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1 circumstance release an unac2 companied alien child to a spon3 sor or a member of the sponsor’s 

4 household who has committed an 

5 offense described in section 

6 236(c)(1) of the Immigration and 

7 Nationality Act (8 U.S.C. 

8 1226(c)(1)), is detained while in 

9 removal proceedings under sec10 tion 240 of such Act (8 U.S.C. 

11 1229a), has assisted or facili12 tated the smuggling or traf13 ficking of a child, or would other14 wise pose a threat to the well15 being of the unaccompanied alien 

16 child. 

17 ‘‘(cc) PROVISION OF INFOR18 MATION TO SECRETARY OF

19 HOMELAND SECURITY.—The Sec20 retary of Health and Human 

21 Services shall provide to the Sec22 retary of Homeland Security in23 formation relating to the sponsor, 

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1 sor or potential sponsor, of each 

2 unaccompanied alien child. 

3 ‘‘(III) PROGRAMS FOR UNACCOM4 PANIED ALIEN CHILDREN WITHOUT

5 SPONSORS.—In the case of an unac6 companied alien child who cannot be 

7 placed with a sponsor under item 

8 (aa), the Director of the Office of Ref9 ugee Resettlement may release the 

10 child to a program for unaccompanied 

11 alien minors, such as a program 

12 under section 412(d) of the Immigra13 tion and Nationality Act (8 U.S.C. 

14 1522(d)).’’; and 

15 (D) in subparagraph (C)— 

16 (i) by amending the subparagraph 

17 heading to read as follows: ‘‘AGREEMENTS

18 WITH FOREIGN COUNTRIES.—’’; and 

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

20 by striking ‘‘countries contiguous to the 

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

22 Salvador, Guatemala, Honduras, Mexico, 

23 and any other foreign country the Sec24 retary considers appropriate’’; 

25 (2) by striking paragraph (3); 


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

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

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

4 striking ‘‘from a contiguous country’’. 

5 (c) PROTECTING INTEGRITY OF SPECIAL IMMIGRANT

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

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

8 1101(a)(27)(J)) is amended— 

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

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

11 (2) in clause (iii)— 

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

13 the end; and 

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

15 ‘‘(III) an alien may not be grant16 ed special immigrant juvenile status 

17 under this subparagraph if the juve18 nile court determines that the alien 

19 may be returned to the legal custody 

20 of any parent of the alien; and 

21 ‘‘(IV)(aa) in assessing whether 

22 an alien is entitled to special immi23 grant juvenile classification under this 

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1 land Security may, in the discretion of 

2 the Secretary, determine whether— 

3 ‘‘(AA) an order of depend4 ency or custody issued for pur5 poses of clause (i) was issued 

6 during juvenile court abuse and 

7 neglect proceedings for the pur8 pose of providing permanency to 

9 an alien the parents of whom 

10 have been found to be unfit; and 

11 ‘‘(BB) such order was 

12 issued by a court of appropriate 

13 jurisdiction ; and 

14 ‘‘(bb) notwithstanding any other 

15 provision of law, no court shall have 

16 jurisdiction to review a determination 

17 made by the Secretary of Homeland 

18 Security under this subclause;’’. 

19 (d) PAROLE REFORM.— 

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

21 212(d) (8 U.S.C. 1182(d)) is amended to read as 

22 follows: 

23 ‘‘(5) HUMANITARIAN AND SIGNIFICANT PUBLIC

24 BENEFIT PAROLE.— 


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1 ‘‘(A) IN GENERAL.—Subject to the provi2 sions of this paragraph and section 214(f)(2), 

3 the Secretary of Homeland Security, in the sole 

4 discretion of the Secretary of Homeland Secu5 rity, may, on an individual case-by-case basis 

6 and not according to eligibility criteria describ7 ing an entire class of potential parole recipients, 

8 parole an alien into the United States tempo9 rarily, under such conditions as the Secretary of 

10 Homeland Security may prescribe, only— 

11 ‘‘(i) for an urgent humanitarian rea12 son (as described under subparagraph 

13 (B)); or 

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

15 the significant public benefit (as described 

16 under subparagraph (C)). 

17 ‘‘(B) HUMANITARIAN PAROLE.—The Sec18 retary of Homeland Security may parole an 

19 alien based on an urgent humanitarian reason 

20 described in this subparagraph only if— 

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

22 and the alien cannot obtain necessary 

23 treatment in the foreign state in which the 

24 alien is residing or the medical emergency 

25 is life-threatening and there is insufficient 


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1 time for the alien to be admitted through 

2 the normal visa process; 

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

4 otherwise has legal authority to make med5 ical decisions on behalf of an alien de6 scribed in clause (i); 

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

8 States in order to donate an organ or 

9 other tissue for transplant into an imme10 diate family member and there is insuffi11 cient time for the alien to be admitted 

12 through the normal visa process; 

13 ‘‘(iv) the alien has an immediate fam14 ily member in the United States whose 

15 death is imminent and the alien could not 

16 arrive in the United States in time to see 

17 such family member alive if the alien were 

18 to be admitted through the normal visa 

19 process; 

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

21 adjustment of status under section 245; or 

22 ‘‘(vi) the alien was lawfully granted 

23 status under section 208 or lawfully admit24 ted under section 207. 


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1 ‘‘(C) SIGNIFICANT PUBLIC BENEFIT PA2 ROLE.—The Secretary of Homeland Security 

3 may parole an alien based on a reason deemed 

4 strictly for the significant public benefit de5 scribed in this subparagraph only if— 

6 ‘‘(i) the presence of the alien is nec7 essary in a matter such as a criminal in8 vestigation or prosecution, espionage activ9 ity, or other similar law enforcement or in10 telligence-related activity; 

11 ‘‘(ii) the presence of the alien is nec12 essary in a civil matter concerning the ter13 mination of parental rights; 

14 ‘‘(iii) the alien has previously assisted 

15 the United States Government in a matter 

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

17 alien would be threatened if the alien were 

18 not permitted to enter the United States; 

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

20 under section 235, it is necessary to re21 lease from detention and grant parole to 

22 the alien due to a safety concern or for the 

23 preservation of life and property, including 

24 in the case of— 


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1 ‘‘(I) lack of adequate bed space 

2 in a detention facility; or 

3 ‘‘(II) an alien who has a serious 

4 medical condition such that continued 

5 detention would be life-threatening or 

6 would risk serious bodily injury, dis7 figurement, or permanent disability; 

8 or 

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

10 to a foreign territory contiguous to the 

11 United States pursuant to section 

12 235(b)(2)(C), it is necessary to parole the 

13 alien into the United States for an immi14 gration proceeding. 

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

16 AUTHORITY.—The Secretary of Homeland Se17 curity may not use the parole authority under 

18 this paragraph— 

19 ‘‘(i) to circumvent immigration policy 

20 established by law; 

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

22 not qualify for admission under established 

23 legal immigration categories; or 


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1 ‘‘(iii) to supplement established immi2 gration categories without an Act of Con3 gress. 

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

5 of an alien under this paragraph shall not be 

6 considered an admission of the alien into the 

7 United States. When the purposes of the parole 

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

9 revoked, as determined by the Secretary of 

10 Homeland Security, the alien shall immediately 

11 return or be returned to the custody from which 

12 the alien was paroled and the alien shall be con13 sidered for admission to the United States on 

14 the same basis as other similarly situated appli15 cants for admission. 

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

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

18 the Secretary of Homeland Security shall sub19 mit a report to the Committee on the Judiciary 

20 of the Senate and the Committee on the Judici21 ary of the House of Representatives describing 

22 the number and categories of aliens paroled 

23 into the United States under this paragraph. 

24 Each such report shall contain information and 

25 data concerning the number and categories of 


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1 aliens paroled, the duration of parole, and the 

2 current status of aliens paroled during the pre3 ceding fiscal year.’’. 

4 (2) EFFECTIVE DATE.—The amendment made 

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

6 of the first month beginning more than 60 days 

7 after the date of the enactment of this Act. 

8 SEC. 3. ENDING ABUSE OF ASYLUM SYSTEM. 

9 (a) STANDARDS TO DETER FRAUD AND ADVANCE

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

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

12 1225(b)(1)(B)) is amended— 

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

14 ‘‘(v) CREDIBLE FEAR OF PERSECU15 TION.— 

16 ‘‘(I) IN GENERAL.—For purposes 

17 of this subparagraph, the term ‘cred18 ible fear of persecution’ means that it 

19 is more likely than not that the alien 

20 would be able to establish eligibility 

21 for asylum under section 208— 

22 ‘‘(aa) taking into account 

23 such facts as are known to the 

24 officer; and 


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1 ‘‘(bb) only if the officer has 

2 determined, under subsection 

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

4 that it is more likely than not 

5 that the statements made by the 

6 alien or on behalf of the alien are 

7 true. 

8 ‘‘(II) BARS TO ASYLUM.—An 

9 alien shall not be determined to have 

10 a credible fear of persecution if the 

11 alien is prohibited from applying for 

12 or receiving asylum, including an alien 

13 subject to a limitation or condition 

14 under subsection (a)(2) or (b)(2) (in15 cluding a regulation promulgated 

16 under such subsection) of section 

17 208.’’; and 

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

19 ‘‘(vi) ELIGIBILITY FOR RELIEF.— 

20 ‘‘(I) CREDIBLE FEAR REVIEW BY

21 IMMIGRATION JUDGE.—An alien de22 termined to have a credible fear of 

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1 termination, which shall be limited to 

2 a determination whether the alien— 

3 ‘‘(aa) is eligible for asylum 

4 under section 208, withholding of 

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

6 or protection under the Conven7 tion Against Torture and Other 

8 Cruel, Inhuman or Degrading 

9 Treatment or Punishment, done 

10 at New York, December 10, 1984 

11 (referred to in this clause as the 

12 ‘Convention Against Torture)’; 

13 and 

14 ‘‘(bb) merits a grant of asy15 lum in the exercise of discretion. 

16 ‘‘(II) ALIENS WITH REASONABLE

17 FEAR OF PERSECUTION.— 

18 ‘‘(aa) IN GENERAL.—Except 

19 as provided in item (bb), if an 

20 alien referred under subpara21 graph (A)(ii) is determined to 

22 have a reasonable fear of perse23 cution or torture, the alien shall 

24 be eligible only for consideration 

25 of an application for withholding 


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1 of removal under section 

2 241(b)(3) or protection under the 

3 Convention Against Torture. 

4 ‘‘(bb) EXCEPTION.—An 

5 alien shall not be eligible for con6 sideration of an application for 

7 relief under item (aa) if the fail8 ure of the alien to establish a 

9 credible fear of persecution pre10 cludes the alien from eligibility 

11 for such relief. 

12 ‘‘(cc) LIMITATION.—An 

13 alien whose application for relief 

14 is adjudicated under item (aa) 

15 shall not be eligible for any other 

16 form of relief or protection from 

17 removal. 

18 ‘‘(vii) INELIGIBILITY FOR REMOVAL

19 PROCEEDINGS.—An alien referred under 

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

21 for a hearing under section 240.’’. 

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

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

24 amended— 

25 (1) in subsection (a)— 


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1 (A) by striking paragraph (1) and insert2 ing the following: 

3 ‘‘(1) IN GENERAL.—Only an alien who has en4 tered the United States through a designated port of 

5 entry may apply for asylum under this section or 

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

7 (B) in paragraph (2)— 

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

9 pursuant to a bilateral or multilateral 

10 agreement,’’; and 

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

12 ‘‘Subparagraphs (A) and (B)’’ and insert13 ing ‘‘Subparagraph (A)’’; and 

14 (2) in subsection (b)(3), by striking subpara15 graph (C). 

16 (c) AUTHORITY FOR CERTAIN ALIENS TO APPLY FOR

17 ASYLUM.—Section 208(a)(2) of the Immigration and Na18 tionality Act (8 U.S.C. 1158(a)(2)) is amended by adding 

19 at the end the following: 

20 ‘‘(F) INELIGIBILITY FOR ASYLUM.— 

21 ‘‘(i) IN GENERAL.—Notwithstanding 

22 any other provision of law, including para23 graph (1), except as provided in clause (ii), 

24 an alien is ineligible for asylum if the 

25 alien— 


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1 ‘‘(I) has been convicted of a fel2 ony; 

3 ‘‘(II) is inadmissible under sec4 tion 212(a) (except paragraphs (4), 

5 (5), and (7)); 

6 ‘‘(III) has been previously re7 moved from the United States; or 

8 ‘‘(IV) is a national or habitual 

9 resident of— 

10 ‘‘(aa) a country in Central 

11 America that has a refugee appli12 cation and processing center; or 

13 ‘‘(bb) a country contiguous 

14 to such a country (other than 

15 Mexico). 

16 ‘‘(ii) EXCEPTION.—Notwithstanding 

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

18 any alien who is present in the United 

19 States on the date of the enactment of this 

20 subparagraph.’’. 

21 SEC. 4. ESTABLISHMENT OF REFUGEE APPLICATION AND 

22 PROCESSING CENTERS. 

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

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

25 adding at the end the following: 


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1 ‘‘(53) The term ‘refugee application and proc2 essing center’— 

3 ‘‘(A) means a facility designated under sec4 tion 207(g) by the Secretary of State to accept 

5 and process applications for refugee admissions 

6 to the United States; and 

7 ‘‘(B) may include a United States em8 bassy, consulate, or other diplomatic facility.’’. 

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

10 and Nationality Act (8 U.S.C. 1157) is amended by add11 ing at the end the following: 

12 ‘‘(g) REFUGEE APPLICATION AND PROCESSING CEN13 TERS.— 

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

15 after the date of the enactment of this subsection, 

16 the Secretary of State, in consultation with the Sec17 retary of Homeland Security, shall designate refugee 

18 application and processing centers outside the 

19 United States. 

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

21 establish— 

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

23 and processing center in Mexico; and 

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

25 and processing centers in Central America at 


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1 locations selected by the Secretary of State, in 

2 consultation with the Secretary of Homeland 

3 Security. 

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

5 Secretary of State, in coordination with the Sec6 retary of Homeland Security, shall ensure that any 

7 alien who is a national or habitual resident of a 

8 country in which a refugee application and proc9 essing center is located, or a country contiguous to 

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

11 refugee application and processing center. 

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

13 An application for refugee status submitted to a ref14 ugee application and processing center shall be adju15 dicated by a refugee officer. 

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

17 ensure that refugee application and processing cen18 ters accord priority to applications submitted— 

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

20 an authorized nongovernmental organization, as 

21 determined by the Secretary of State; 

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

23 on which such referral is made; and 


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1 ‘‘(C) in accordance with the requirements 

2 and procedures established by the Secretary of 

3 State under this subsection. 

4 ‘‘(6) APPLICATION FEES.— 

5 ‘‘(A) IN GENERAL.—The Secretary of 

6 State and the Secretary of Homeland Security 

7 shall charge, collect, and account for fees pre8 scribed by each such Secretary pursuant to sub9 sections (m) and (n) of section 286 and section 

10 9701 of title 31, United States Code, for the 

11 purpose of receiving, docketing, processing, and 

12 adjudicating an application under this sub13 section. 

14 ‘‘(B) BASIS FOR FEES.—The fees pre15 scribed under subparagraph (A) shall be based 

16 on a consideration of the amount necessary to 

17 deter frivolous applications and the cost for 

18 processing the application, including the imple19 mentation of program integrity and anti-fraud 

20 measures.’’. 

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

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

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

24 of this Act. 


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1 SEC. 5. REGULATIONS. 

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

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

4 the enactment of this Act, the Secretary of Homeland Se5 curity and the Attorney General shall, jointly or sepa6 rately, publish in the Federal Register interim final rules 

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

8 section 4. 

9 SEC. 6. HIRING AUTHORITY. 

10 (a) IMMIGRATION JUDGES.—The Attorney General 

11 shall increase— 

12 (1) the number of immigration judges by not 

13 fewer than an additional 500 judges, as compared to 

14 the number of immigration judges as of the date of 

15 the enactment of this Act; and 

16 (2) the corresponding number of support staff, 

17 as necessary. 

18 (b) IMMIGRATION AND CUSTOMS ENFORCEMENT AT19 TORNEYS.—The Director of U.S. Immigration and Cus20 toms Enforcement shall increase the number of attorneys 

21 and staff employed by U.S. Immigration and Customs En22 forcement by the number that is consistent with the work23 load staffing model to support the increase in immigration 

24 judges. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary for— 

4 (1) the hiring of immigration judges, support 

5 staff, and U.S. Immigration and Customs Enforce6 ment attorneys under this section; and 

7 (2) the lease, purchase, or construction of facili8 ties or equipment (including video teleconferencing 

9 equipment and equipment for electronic filing of im10 migration cases), and the transfer of federally owned 

11 temporary housing units to serve as facilities, for— 

12 (A) the increased number of immigration 

13 judges, attorneys, and support staff under this 

14 section; and 

15 (B) conducting immigration court pro16 ceedings in close proximity to the locations at 

17 which aliens are apprehended and detained. 

Æ 


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