I 

114TH CONGRESS 

1ST SESSION H. R. 191 

To repeal executive immigration overreach, to clarify that the proper constitutional authority for immigration policy belongs to the legislative branch, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2015 

Mr. ADERHOLT (for himself, Mr. BARLETTA, Mr. SMITH of Texas, Mr. CULBERSON, Mrs. BLACKBURN, Mr. DUNCAN of South Carolina, Mr. 

CRAWFORD, Mr. COLLINS of Georgia, and Mr. BYRNE) introduced the 

following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committees on Homeland Security, Foreign Affairs, 

Energy and Commerce, Ways and Means, and Oversight and Government 

Reform, 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 repeal executive immigration overreach, to clarify that 

the proper constitutional authority for immigration policy 

belongs to the legislative branch, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as ‘‘The 

5 Repeal Executive Amnesty Act of 2015’’. 


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

2 as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Severability. 

TITLE I—PAROLE AUTHORITY 

Sec. 101. Parole reform. 

Sec. 102. Adjustment of status limited to aliens admitted to the United States. 

Sec. 103. Presence in the United States pursuant to parole added to priority 

date. 

Sec. 104. Admission and lawful presence required for employment authorization. 

TITLE II—LIMITATION ON EXECUTIVE OVERREACH 

Sec. 201. Denial of funds for implementation of unauthorized actions. 

Sec. 202. ICE Law Enforcement Availability Pay (LEAP) eligibility. 

TITLE III—UNACCOMPANIED ALIEN CHILDREN 

Sec. 301. Repatriation of unaccompanied alien children. 

Sec. 302. Special immigrant juvenile status for immigrants unable to reunite 

with either parent. 

Sec. 303. Modifications to preferential availability for asylum for unaccompanied alien minors. 

Sec. 304. Unaccompanied alien child defined. 

TITLE IV—ELIGIBILITY CRITERIA FOR ALIENS TO RECEIVE 

CERTAIN BENEFITS 

Sec. 401. Aliens without lawful status ineligible to receive social security and 

medicare benefits. 

Sec. 402. Applying citizenship and immigration status eligibility criteria for 

Federal programs to Affordable Care Act benefits. 

Sec. 403. Aliens paroled into the United States ineligible for Federal public 

benefits. 

TITLE V—STATE AND LOCAL ENFORCEMENT OF THE 

IMMIGRATION LAWS 

Sec. 501. Definitions. 

Sec. 502. Immigration law enforcement by States and localities. 

Sec. 503. Immunity. 

Sec. 504. Federal custody of inadmissible and deportable aliens in the United 

States apprehended by State or local law enforcement. 

Sec. 505. State Criminal Alien Assistance Program (SCAAP). 

Sec. 506. Limitation on State receipt of Federal funding. 

Sec. 507. ICE detainers. 

Sec. 508. Preservation of the Secure Communities program and removal of deportable aliens identified under the interoperable law enforcement and intelligence electronic data system. 

TITLE VI—ASYLUM REFORM AND BORDER PROTECTION 

Sec. 601. Clarification of intent regarding taxpayer-provided counsel. 


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Sec. 602. Credible fear interviews. 

Sec. 603. Recording expedited removal and credible fear interviews. 

Sec. 604. Safe third country. 

TITLE VII—MISCELLANEOUS 

Sec. 701. Suspension of effectiveness of certain laws. 

Sec. 702. Temporary protected status reform. 

1 SEC. 2. SEVERABILITY. 

2 If any provision of this Act, or the application of such 

3 provision to any person or circumstance, is held invalid, 

4 the remainder of this Act, and the application of such pro5 vision to other persons not similarly situated or to other 

6 circumstances, shall not be affected by such invalidation. 

7 TITLE I—PAROLE AUTHORITY 

8 SEC. 101. PAROLE REFORM. 

9 (a) IN GENERAL.—Paragraph (5) of section 212(d) 

10 (8 U.S.C. 1182(d)) is amended to read as follows: 

11 ‘‘(5) HUMANITARIAN AND PUBLIC INTEREST

12 PAROLE.— 

13 ‘‘(A) IN GENERAL.—Subject to the provi14 sions of this paragraph and section 214(f)(2), 

15 the Secretary of Homeland Security, in the sole 

16 discretion of the Secretary of Homeland Secu17 rity, may on a case-by-case basis parole an alien 

18 into the United States temporarily, under such 

19 conditions as the Secretary of Homeland Secu20 rity may prescribe, only— 


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1 ‘‘(i) for an urgent humanitarian rea2 son (as described under subparagraph 

3 (B)); or 

4 ‘‘(ii) for a reason deemed strictly in 

5 the public interest (as described under sub6 paragraph (C)). 

7 ‘‘(B) HUMANITARIAN PAROLE.—The Sec8 retary of Homeland Security may parole an 

9 alien based on an urgent humanitarian reason 

10 described in this subparagraph only if— 

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

12 and the alien cannot obtain necessary 

13 treatment in the foreign state in which the 

14 alien is residing or the medical emergency 

15 is life-threatening and there is insufficient 

16 time for the alien to be admitted through 

17 the normal visa process; 

18 ‘‘(ii) the alien is needed in the United 

19 States in order to donate an organ or 

20 other tissue for transplant into a close 

21 family member; or 

22 ‘‘(iii) the alien has a close family 

23 member in the United States whose death 

24 is imminent and the alien could not arrive 

25 in the United States in time to see such 


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1 family member alive if the alien were to be 

2 admitted through the normal visa process. 

3 ‘‘(C) PUBLIC INTEREST PAROLE.—The 

4 Secretary of Homeland Security may parole an 

5 alien based on a reason deemed strictly in the 

6 public interest described in this subparagraph 

7 only if the alien has assisted the United States 

8 Government in a matter, such as a criminal in9 vestigation, espionage, or other similar law en10 forcement activity, and either the alien’s pres11 ence in the United States is required by the 

12 Government or the alien’s life would be threat13 ened if the alien were not permitted to come to 

14 the United States. 

15 ‘‘(D) LIMITATIONS ON THE USE OF PA16 ROLE AUTHORITY.— 

17 ‘‘(i) ALIENS INELIGIBLE FOR REF18 UGEE STATUS.—The Secretary of Home19 land Security may not use the parole au20 thority under this paragraph to permit to 

21 come to the United States aliens who have 

22 applied for and have been found to be in23 eligible for refugee status or any alien to 

24 whom the provisions of this paragraph do 

25 not apply. 


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1 ‘‘(ii) ALIENS PRESENT IN THE

2 UNITED STATES INELIGIBLE FOR PA3 ROLE.—The Secretary of Homeland Secu4 rity may not parole into the United States 

5 an alien who— 

6 ‘‘(I) is physically present in the 

7 United States; and 

8 ‘‘(II)(aa) has not been admitted 

9 to the United States; or 

10 ‘‘(bb) was lawfully admitted to 

11 the United States as a nonimmigrant 

12 and remained in the United States 

13 unlawfully after the period of author14 ized stay ended. 

15 ‘‘(iii) LIMITATION ON WORK AUTHOR16 IZATION AND ADJUSTMENT OF STATUS.— 

17 In the case of an alien who is present in 

18 the United States pursuant to a grant of 

19 parole under this paragraph, the Secretary 

20 of Homeland Security may not— 

21 ‘‘(I) grant employment authoriza22 tion to the alien; or 

23 ‘‘(II) admit the alien to the 

24 United States as a nonimmigrant or 


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1 as an alien admitted for lawful perma2 nent residence. 

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

4 of an alien under this paragraph shall not be 

5 considered an admission of the alien into the 

6 United States. When the purposes of the parole 

7 of an alien have been served, as determined by 

8 the Secretary of Homeland Security, the alien 

9 shall immediately return or be returned to the 

10 custody from which the alien was paroled and 

11 the alien shall be considered for admission to 

12 the United States on the same basis as other 

13 similarly situated applicants for admission. 

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

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

16 the Secretary of Homeland Security shall sub17 mit a report to the Committees on the Judici18 ary of the House of Representatives and the 

19 Senate describing the number and categories of 

20 aliens paroled into the United States under this 

21 paragraph. Each such report shall contain in22 formation and data concerning the number and 

23 categories of aliens paroled, the duration of pa24 role, and the current status of aliens paroled 

25 during the preceding fiscal year.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on the first day of the first 

3 month beginning more than 60 days after the date of the 

4 enactment of this Act. 

5 SEC. 102. ADJUSTMENT OF STATUS LIMITED TO ALIENS AD6 MITTED TO THE UNITED STATES. 

7 Section 245 of the Immigration and Nationality Act 

8 (8 U.S.C. 1255) is amended in subsection (a) by striking 

9 ‘‘or paroled’’. 

10 SEC. 103. PRESENCE IN THE UNITED STATES PURSUANT TO 

11 PAROLE ADDED TO PRIORITY DATE. 

12 Section 203(e) of the Immigration and Nationality 

13 Act (8 U.S.C. 1153(e)(3)) is amended— 

14 (1) in paragraph (3), by inserting before the pe15 riod at the end the following; ‘‘, in accordance with 

16 the requirement under paragraph (4)’’; and 

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

18 ‘‘(4) In the case of an applicant for a visa 

19 under this section who is present in the United 

20 States pursuant to a grant of parole under section 

21 212(d)(5) for a period of time after making such ap22 plication, the time period during which the applicant 

23 is present in the United States pursuant to such a 

24 grant of parole shall be added to the applicant’s pri25 ority date.’’. 


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1 SEC. 104. ADMISSION AND LAWFUL PRESENCE REQUIRED 

2 FOR EMPLOYMENT AUTHORIZATION. 

3 Section 274A(h)(3) of the Immigration and Nation4 ality Act (8 U.S.C. 1324a(h)(3)) is amended— 

5 (1) by inserting before ‘‘authorized to be so em6 ployed by this Act’’ the following: ‘‘an alien other7 wise admitted to the United States and present in 

8 the United States with a lawful immigration status, 

9 who is’’; and 

10 (2) by striking at the end the following: ‘‘or by 

11 the Attorney General’’. 

12 TITLE II—LIMITATION ON 

13 EXECUTIVE OVERREACH 

14 SEC. 201. DENIAL OF FUNDS FOR IMPLEMENTATION OF UN15 AUTHORIZED ACTIONS. 

16 Notwithstanding any other provision of law, no funds 

17 or fees made available to the Secretary of Homeland Secu18 rity, or to the head of any other Federal agency, may be 

19 used to implement, administer, enforce, or carry out (in20 cluding through the issuance of any regulations) any of 

21 the policy changes set forth in the following memoranda: 

22 (1) The memorandum from the Director of 

23 U.S. Immigration and Customs Enforcement enti24 tled ‘‘Civil Immigration Enforcement: Priorities for 

25 the Apprehension, Detention, and Removal of 

26 Aliens’’ (March 2, 2011). 


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1 (2) The memorandum from the Director of 

2 U.S. Immigration and Customs Enforcement enti3 tled ‘‘Exercising Prosecutorial Discretion Consistent 

4 with the Civil Immigration Enforcement Priorities of 

5 the Agency for the Apprehension, Detention, and 

6 Removal of Aliens’’ (June 17, 2011). 

7 (3) The memorandum from the Director of 

8 U.S. Immigration and Customs Enforcement enti9 tled ‘‘Prosecutorial Discretion: Certain Victims, Wit10 nesses, and Plaintiffs’’ (June 17, 2011). 

11 (4) The U.S. Citizenship and Immigration Serv12 ices policy memorandum entitled ‘‘Revised Guidance 

13 for the Referral of Cases and Issuance of Notices to 

14 Appear (NTAs) in Cases Involving Inadmissible and 

15 Removable Aliens’’ (November 17, 2011). 

16 (5) The memorandum from the Principal Legal 

17 Advisor of U.S. Immigration and Customs Enforce18 ment entitled ‘‘Case-by-Case Review of Incoming 

19 and Certain Pending Cases’’ (November 17, 2011). 

20 (6) The recommendations included in the report 

21 from the Director of U.S. Immigration and Customs 

22 Enforcement entitled ‘‘ICE Response to the Task 

23 Force on Secure Communities Findings and Rec24 ommendations’’ (April 27, 2012). 


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1 (7) The memorandum from the Secretary of 

2 Homeland Security entitled ‘‘Exercising Prosecu3 torial Discretion with Respect to Individuals Who 

4 Came to the United States as Children’’ (June 15, 

5 2012). 

6 (8) The memorandum from the Director of 

7 U.S. Immigration and Customs Enforcement enti8 tled ‘‘Civil Immigration Enforcement: Guidance on 

9 the Use of Detainers in the Federal, State, Local, 

10 and Tribal Criminal Justice Systems’’ (December 

11 21, 2012). 

12 (9) The U.S. Citizenship and Immigration Serv13 ices policy memorandum entitled ‘‘Adjudication of 

14 Adjustment of Status Applications for Individuals 

15 Admitted to the United States Under the Visa Waiv16 er Program’’ (November 14, 2013). 

17 (10) The memorandum from the Secretary of 

18 Homeland Security entitled ‘‘Southern Border and 

19 Approaches Campaign’’ (November 20, 2014). 

20 (11) The memorandum from the Secretary of 

21 Homeland Security entitled ‘‘Policies for the Appre22 hension, Detention and Removal of Undocumented 

23 Immigrants’’ (November 20, 2014). 


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1 (12) The memorandum from the Secretary of 

2 Homeland Security entitled ‘‘Secure Communities’’ 

3 (November 20, 2014). 

4 (13) The memorandum from the Secretary of 

5 Homeland Security entitled ‘‘Exercising Prosecu6 torial Discretion with Respect to Individuals Who 

7 Came to the United States as Children and with Re8 spect to Certain Individuals Who Are the Parents of 

9 U.S. Citizens or Permanent Residents’’ (November 

10 20, 2014). 

11 (14) The memorandum from the Secretary of 

12 Homeland Security entitled ‘‘Expansion of the Pro13 visional Waiver Program’’ (November 20, 2014). 

14 (15) The memorandum from the Secretary of 

15 Homeland Security entitled ‘‘Policies Supporting 

16 U.S. High-Skilled Businesses and Workers’’ (No17 vember 20, 2014). 

18 (16) The memorandum from the Secretary of 

19 Homeland Security entitled ‘‘Families of U.S. 

20 Armed Forces Members and Enlistees’’ (November 

21 20, 2014). 

22 (17) The memorandum from the Secretary of 

23 Homeland Security entitled ‘‘Directive to Provide 

24 Consistency Regarding Advance Parole’’ (November 

25 20, 2014). 


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1 (18) The memorandum from the Secretary of 

2 Homeland Security entitled ‘‘Policies to Promote 

3 and Increase Access to U.S. Citizenship’’ (November 

4 20, 2014). 

5 (19) The memorandum from the President enti6 tled ‘‘Modernizing and Streamlining the U.S. Immi7 grant Visa System for the 21st Century’’ (November 

8 21, 2014). 

9 (20) The memorandum from the President enti10 tled ‘‘Creating Welcoming Communities and Fully 

11 Integrating Immigrants and Refugees’’ (November 

12 21, 2014). 

13 SEC. 202. ICE LAW ENFORCEMENT AVAILABILITY PAY 

14 (LEAP) ELIGIBILITY. 

15 (a) AVAILABILITY PAY FOR LAW ENFORCEMENT.— 

16 Section 5545a of title 5, United States Code, is amended 

17 by adding at the end the following: 

18 ‘‘(l) APPLICATION TO CERTAIN OFFICERS AND EM19 PLOYEES OF THE DEPARTMENT OF HOMELAND SECU20 RITY.—Subsections (a) through (h) of this section shall 

21 apply to a law enforcement officer of the Office of En22 forcement and Removal Operations of Immigration and 

23 Customs Enforcement.’’. 


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1 (b) ANNUITY CALCULATION FOR AVAILABILITY

2 PAY.—Section 8331(3)(E) of title 5, United States Code, 

3 is amended— 

4 (1) in clause (i), by striking ‘‘or’’ at the end; 

5 (2) in clause (ii), by adding ‘‘or’’ at the end; 

6 and 

7 (3) by adding after clause (ii) the following: 

8 ‘‘(iii) received by a law enforcement 

9 officer of the Office of Enforcement and 

10 Removal Operations of Immigration and 

11 Customs Enforcement, subject to all re12 strictions and earning limitations imposed 

13 on criminal investigators under section 

14 5545a;’’. 

15 (c) APPLICABILITY.—The amendments made by this 

16 section shall be effective as of the first day of the first 

17 applicable pay period beginning 90 days after the date of 

18 enactment of this Act. 

19 TITLE III—UNACCOMPANIED 

20 ALIEN CHILDREN 

21 SEC. 301. REPATRIATION OF UNACCOMPANIED ALIEN CHIL22 DREN. 

23 (a) IN GENERAL.—Section 235 of the William Wil24 berforce Trafficking Victims Protection Reauthorization 

25 Act of 2008 (8 U.S.C. 1232) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (2)— 

3 (i) by amending the heading to read 

4 as follows: ‘‘RULES FOR UNACCOMPANIED

5 ALIEN CHILDREN.’’; 

6 (ii) in subparagraph (A); 

7 (I) in the matter preceding clause 

8 (i), by striking ‘‘who is a national or 

9 habitual resident of a country that is 

10 contiguous with the United States’’; 

11 (II) in clause (i), by inserting 

12 ‘‘and’’ at the end; 

13 (III) in clause (ii), by striking ‘‘; 

14 and’’ and inserting a period; and 

15 (IV) by striking clause (iii); 

16 (iii) in subparagraph (B)— 

17 (I) in the matter preceding clause 

18 (i), by striking ‘‘(8 U.S.C. 1101 et 

19 seq.) may—’’ and inserting ‘‘(8 

20 U.S.C. 1101 et seq.)—’’; 

21 (II) in clause (i), by inserting be22 fore ‘‘permit such child to withdraw’’ 

23 the following: ‘‘may’’; and 


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1 (III) in clause (ii), by inserting 

2 before ‘‘return such child’’ the fol3 lowing: ‘‘shall’’; and 

4 (iv) in subparagraph (C)— 

5 (I) by amending the heading to 

6 read as follows: ‘‘AGREEMENTS WITH

7 FOREIGN COUNTRIES.’’; and 

8 (II) in the matter preceding 

9 clause (i), by striking ‘‘The Secretary 

10 of State shall negotiate agreements 

11 between the United States and coun12 tries contiguous to the United States’’ 

13 and inserting ‘‘The Secretary of State 

14 may negotiate agreements between the 

15 United States and any foreign country 

16 that the Secretary determines appro17 priate’’; and 

18 (B) in paragraph (5)(D)— 

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

20 by striking ‘‘, except for an unaccompanied 

21 alien child from a contiguous country sub22 ject to the exceptions under subsection 

23 (a)(2),’’ and inserting ‘‘who does not meet 

24 the criteria listed in paragraph (2)(A)’’; 

25 and 


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1 (ii) in clause (i), by inserting before 

2 the semicolon at the end the following: ‘‘, 

3 which shall include a hearing before an im4 migration judge not later than 14 days 

5 after being screened under paragraph (4)’’; 

6 (2) in subsection (b)— 

7 (A) in paragraph (2)— 

8 (i) in the matter preceding subpara9 graph (A), by striking ‘‘48 hours’’ and in10 serting ‘‘7 days’’; 

11 (ii) in subparagraph (A), by inserting 

12 before the semicolon the following: ‘‘be13 lieved not to meet the criteria listed in sub14 section (a)(2)(A)’’; and 

15 (iii) in subparagraph (B), by inserting 

16 before the period the following: ‘‘and does 

17 not meet the criteria listed in subsection 

18 (a)(2)(A)’’; and 

19 (B) in paragraph (3), by striking ‘‘an un20 accompanied alien child in custody shall’’ and 

21 all that follows, and inserting the following: ‘‘an 

22 unaccompanied alien child in custody— 

23 ‘‘(A) in the case of a child who does not 

24 meet the criteria listed in subsection (a)(2)(A), 

25 shall transfer the custody of such child to the 


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1 Secretary of Health and Human Services not 

2 later than 30 days after determining that such 

3 child is an unaccompanied alien child who does 

4 not meet such criteria; or 

5 ‘‘(B) in the case of child who meets the 

6 criteria listed in subsection (a)(2)(A), may 

7 transfer the custody of such child to the Sec8 retary of Health and Human Services after de9 termining that such child is an unaccompanied 

10 alien child who meets such criteria.’’; 

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

12 ‘‘(5) INFORMATION SHARING.—The Secretary 

13 of Health and Human Services shall share with the 

14 Secretary of Homeland Security any information re15 quested on a child who has been determined to be 

16 an unaccompanied alien child and who is or has 

17 been in the custody of the Secretary of Health and 

18 Human Services, including the location of the child 

19 and any person to whom custody of the child has 

20 been transferred, for any legitimate law enforcement 

21 objective, including enforcement of the immigration 

22 laws.’’; and 

23 (4) in subsection (c)— 

24 (A) in paragraph (3), by inserting at the 

25 end the following: 


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1 ‘‘(D) INFORMATION ABOUT INDIVIDUALS

2 WITH WHOM CHILDREN ARE PLACED.— 

3 ‘‘(i) INFORMATION TO BE PROVIDED

4 TO HOMELAND SECURITY.—Before placing 

5 a child with an individual, the Secretary of 

6 Health and Human Services shall provide 

7 to the Secretary of Homeland Security, re8 garding the individual with whom the child 

9 will be placed, the following information: 

10 ‘‘(I) The name of the individual. 

11 ‘‘(II) The social security number 

12 of the individual. 

13 ‘‘(III) The date of birth of the in14 dividual. 

15 ‘‘(IV) The location of the individ16 ual’s residence where the child will be 

17 placed. 

18 ‘‘(V) The immigration status of 

19 the individual, if known. 

20 ‘‘(VI) Contact information for 

21 the individual. 

22 ‘‘(ii) SPECIAL RULE.—In the case of a 

23 child who was apprehended on or after 

24 June 15, 2012, and before the date of the 

25 enactment of the Repeal Executive AmVerDate Sep 11 2014 00:31 Jan 13, 2015 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H191.IH H191

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1 nesty Act of 2015, who the Secretary of 

2 Health and Human Services placed with 

3 an individual, the Secretary shall provide 

4 the information listed in clause (i) to the 

5 Secretary of Homeland Security not later 

6 than 90 days after the date of the enact7 ment of the Repeal Executive Amnesty Act 

8 of 2015. 

9 ‘‘(iii) ACTIVITIES OF THE SECRETARY

10 OF HOMELAND SECURITY.—Not later than 

11 30 days after receiving the information 

12 listed in clause (i), the Secretary of Home13 land Security shall— 

14 ‘‘(I) in the case that the immi15 gration status of an individual with 

16 whom a child is placed is unknown, 

17 investigate the immigration status of 

18 that individual; and 

19 ‘‘(II) upon determining that an 

20 individual with whom a child is placed 

21 is unlawfully present in the United 

22 States, initiate removal proceedings 

23 pursuant to chapter 4 of title II of the 

24 Immigration and Nationality Act (8 

25 U.S.C. 1221 et seq.).’’; and 


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1 (B) in paragraph (5)— 

2 (i) by inserting after ‘‘to the greatest 

3 extent practicable’’ the following: ‘‘(at no 

4 expense to the Government)’’; and 

5 (ii) by striking ‘‘have counsel to rep6 resent them’’ and inserting ‘‘have access to 

7 counsel to represent them’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to any unauthorized alien child ap10 prehended on or after June 15, 2012. 

11 SEC. 302. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM12 MIGRANTS UNABLE TO REUNITE WITH EI13 THER PARENT. 

14 Section 101(a)(27)(J)(i) of the Immigration and Na15 tionality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by 

16 striking ‘‘1 or both of the immigrant’s parents’’ and in17 serting ‘‘either of the immigrant’s parents’’. 

18 SEC. 303. MODIFICATIONS TO PREFERENTIAL AVAIL19 ABILITY FOR ASYLUM FOR UNACCOMPANIED 

20 ALIEN MINORS. 

21 Section 208 of the Immigration and Nationality Act 

22 (8 U.S.C. 1158) is amended— 

23 (1) by striking subsection (a)(2)(E); and 

24 (2) by striking subsection (b)(3)(C). 


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1 SEC. 304. UNACCOMPANIED ALIEN CHILD DEFINED. 

2 Section 462(g)(2) of the Homeland Security Act of 

3 2002 (6 U.S.C. 279(g)(2)) is amended to read as follows: 

4 ‘‘(2) The term ‘unaccompanied alien child’— 

5 ‘‘(A) means an alien who— 

6 ‘‘(i) has no lawful immigration status 

7 in the United States; 

8 ‘‘(ii) has not attained 18 years of age; 

9 and 

10 ‘‘(iii) with respect to whom— 

11 ‘‘(I) there is no parent or legal 

12 guardian in the United States; 

13 ‘‘(II) no parent or legal guardian 

14 in the United States is available to 

15 provide care and physical custody; or 

16 ‘‘(III) no sibling over 18 years of 

17 age, aunt, uncle, grandparent, or 

18 cousin over 18 years of age is avail19 able to provide care and physical cus20 tody; except that 

21 ‘‘(B) such term shall cease to include an 

22 alien if at any time a parent, legal guardian, 

23 sibling over 18 years of age, aunt, uncle, grand24 parent, or cousin over 18 years of age of the 

25 alien is found in the United States and is avail26 able to provide care and physical custody (and 


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1 the Secretary of Homeland Security and the 

2 Secretary of Health and Human Services shall 

3 revoke accordingly any prior designation of the 

4 alien under this paragraph).’’. 

5 TITLE IV—ELIGIBILITY CRI6 TERIA FOR ALIENS TO RE7 CEIVE CERTAIN BENEFITS 

8 SEC. 401. ALIENS WITHOUT LAWFUL STATUS INELIGIBLE 

9 TO RECEIVE SOCIAL SECURITY AND MEDI10 CARE BENEFITS. 

11 Section 401(b) of the Personal Responsibility and 

12 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

13 1611(b)) is amended— 

14 (1) in paragraph (2), by adding at the end the 

15 following: ‘‘For purposes of this paragraph, the term 

16 ‘alien who is lawfully present in the United States’ 

17 means an alien who has been admitted to the United 

18 States, and whose period of lawful admission has not 

19 expired, and does not include an alien who is present 

20 in the United States pursuant to a grant of parole 

21 under section 212(d)(5) of the Immigration and Na22 tionality Act (8 U.S.C. 1182(d)(5)).’’; and 

23 (2) in paragraph (3), by adding at the end the 

24 following: ‘‘For purposes of this paragraph, the term 


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1 ‘alien who is lawfully present in the United States’ 

2 has the meaning given such term in paragraph (2).’’. 

3 SEC. 402. APPLYING CITIZENSHIP AND IMMIGRATION STA4 TUS ELIGIBILITY CRITERIA FOR FEDERAL 

5 PROGRAMS TO AFFORDABLE CARE ACT BEN6 EFITS. 

7 (a) APPLYING QUALIFIED ALIEN ELIGIBILITY CRI8 TERIA TO ACA BENEFITS.— 

9 (1) TEMPORARY HIGH RISK HEALTH INSUR10 ANCE POOL PROGRAM.—Section 1101(d)(1) of the 

11 Patient Protection and Affordable Care Act (42 

12 U.S.C. 18001(d)(1)) is amended by striking ‘‘or is 

13 lawfully present’’ and all that follows through ‘‘sec14 tion 1411)’’ and inserting ‘‘or is a qualified alien (as 

15 defined in section 431 of the Personal Responsibility 

16 and Work Opportunity Reconciliation Act of 1996 (8 

17 U.S.C. 1641)), as determined in accordance with 

18 section 1411’’. 

19 (2) ELIGIBILITY TO PARTICIPATE IN EX20 CHANGES.—Section 1312(f)(3) of such Act (42 

21 U.S.C. 18032(f)(3)) is amended— 

22 (A) in the paragraph heading, by inserting 

23 ‘‘CERTAIN’’ after ‘‘LIMITED TO’’; and 

24 (B) by striking ‘‘an alien lawfully present 

25 in the United States’’ and inserting ‘‘an alien 


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1 who is a qualified alien (as defined in section 

2 431 of the Personal Responsibility and Work 

3 Opportunity Reconciliation Act of 1996 (8 

4 U.S.C. 1641))’’. 

5 (3) STATE HEALTH PROGRAMS FOR LOW-IN6 COME INDIVIDUALS NOT ELIGIBLE FOR MEDICAID.— 

7 Section 1331(e)(1)(B) of such Act (42 U.S.C. 

8 18051(e)(1)(B)) is amended by striking ‘‘lawfully 

9 present in the United States’’ and inserting ‘‘who is 

10 a qualified alien (as defined in section 431 of the 

11 Personal Responsibility and Work Opportunity Rec12 onciliation Act of 1996 (8 U.S.C. 1641))’’. 

13 (4) TAX CREDIT PROVIDING PREMIUM ASSIST14 ANCE FOR COVERAGE UNDER QUALIFIED HEALTH

15 PLANS.—Section 36B of the Internal Revenue of 

16 1986 is amended— 

17 (A) in subsection (c)(1)(B)— 

18 (i) in the heading, by striking ‘‘INDI19 VIDUALS LAWFULLY PRESENT IN THE

20 UNITED STATES’’ and inserting ‘‘QUALI21 FIED ALIENS’’; and 

22 (ii) in clause (ii), by striking ‘‘an alien 

23 lawfully present in the United States’’ and 

24 inserting ‘‘an alien who is a qualified alien 

25 (as defined in section 431 of the Personal 


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1 Responsibility and Work Opportunity Rec2 onciliation Act of 1996 (8 U.S.C. 1641))’’; 

3 and 

4 (B) in subsection (e)(2), by striking ‘‘law5 fully present in the United States’’ and insert6 ing ‘‘who is a qualified alien (as defined in sec7 tion 431 of the Personal Responsibility and 

8 Work Opportunity Reconciliation Act of 1996 

9 (8 U.S.C. 1641))’’. 

10 (5) REDUCED COST-SHARING FOR CERTAIN IN11 DIVIDUALS UNDER QUALIFIED HEALTH PLANS.— 

12 Section 1402(e)(2) of the Patient Protection and Af13 fordable Care Act (42 U.S.C. 18071(e)(2)) is 

14 amended by striking ‘‘lawfully present in the United 

15 States’’ and inserting ‘‘who is a qualified alien (as 

16 defined in section 431 of the Personal Responsibility 

17 and Work Opportunity Reconciliation Act of 1996 (8 

18 U.S.C. 1641))’’. 

19 (6) ELIGIBILITY DETERMINATIONS.—Section 

20 1411 of the Patient Protection and Affordable Care 

21 Act (42 U.S.C. 18081) is amended— 

22 (A) in subsection (a)(1), by striking ‘‘an 

23 alien lawfully present in the United States’’ and 

24 inserting ‘‘a qualified alien (as defined in sec25 tion 431 of the Personal Responsibility and 


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1 Work Opportunity Reconciliation Act of 1996 

2 (8 U.S.C. 1641))’’; and 

3 (B) in subsection (c)(2)(B)— 

4 (i) in clause (i)(I), by striking ‘‘an 

5 alien lawfully present in the United 

6 States’’ and inserting ‘‘a qualified alien (as 

7 defined in section 431 of the Personal Re8 sponsibility and Work Opportunity Rec9 onciliation Act of 1996 (8 U.S.C. 1641))’’; 

10 and 

11 (ii) in clause (ii)(II), by striking ‘‘an 

12 alien lawfully present in the United 

13 States’’ and inserting ‘‘a qualified alien (as 

14 defined in section 431 of the Personal Re15 sponsibility and Work Opportunity Rec16 onciliation Act of 1996 (8 U.S.C. 1641))’’. 

17 (7) ADVANCE DETERMINATION AND PAYMENT

18 OF PREMIUM TAX CREDITS AND COST-SHARING RE19 DUCTIONS.—Section 1412(d) of the Patient Protec20 tion and Affordable Care Act (42 U.S.C. 18082(d)) 

21 is amended— 

22 (A) in the heading, by striking ‘‘LAW23 FULLY PRESENT’’ and inserting ‘‘CITIZENS, 

24 NATIONALS, OR QUALIFIED ALIENS’’; and 


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1 (B) by striking ‘‘not lawfully present in the 

2 United States’’ and inserting ‘‘not citizens or 

3 nationals of the United States or aliens who are 

4 qualified aliens (as defined in section 431 of the 

5 Personal Responsibility and Work Opportunity 

6 Reconciliation Act of 1996 (8 U.S.C. 1641))’’. 

7 (8) MINIMUM ESSENTIAL COVERAGE REQUIRE8 MENT.—Section 5000A(d)(3) of the Internal Rev9 enue Code of 1986 is amended— 

10 (A) in the heading, by striking ‘‘LAWFULLY

11 PRESENT’’ and inserting ‘‘CITIZENS, NATION12 ALS, OR QUALIFIED ALIENS’’; and 

13 (B) by striking ‘‘an alien lawfully present 

14 in the United States’’ and inserting ‘‘a qualified 

15 alien (as defined in section 431 of the Personal 

16 Responsibility and Work Opportunity Reconcili17 ation Act of 1996 (8 U.S.C. 1641))’’. 

18 (9) MEDICAID POPULATION.—Section 

19 1903(v)(1) of the Social Security Act is amended by 

20 striking ‘‘who is not lawfully admitted for permanent 

21 residence or otherwise permanently residing in the 

22 United States under color of law’’ and inserting 

23 ‘‘who is not a qualified alien (as defined in section 

24 431 of the Personal Responsibility and Work Oppor25 tunity Reconciliation Act of 1996 (8 U.S.C. 1641))’’. 


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1 (b) CLARIFICATION THAT CERTAIN ACA BENEFITS

2 TREATED AS FEDERAL PUBLIC BENEFITS.—Section 

3 401(c) of the Personal Responsibility and Work Oppor4 tunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)) is 

5 amended by adding at the end the following new para6 graph: 

7 ‘‘(3) In applying paragraph (1), the following 

8 assistance and benefits are treated as health benefits 

9 described in paragraph (1)(B): 

10 ‘‘(A) Enrollment under the temporary high 

11 risk health insurance pool program under sec12 tion 1101 of the Patient Protection and Afford13 able Care Act (42 U.S.C. 18001). 

14 ‘‘(B) Participation in an Exchange estab15 lished under title I of the Patient Protection 

16 and Affordable Care Act. 

17 ‘‘(C) Participation in the health program 

18 established under section 1331(a) of the Pa19 tient Protection and Affordable Care Act (42 

20 U.S.C. 18051). 

21 ‘‘(D) Allowance of a tax credit under sec22 tion 36B of the Internal Revenue Code of 1986. 

23 ‘‘(E) Reduction of cost-sharing under 

24 qualified health plans under section 1402 of the 


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1 Patient Protection and Affordable Care Act (42 

2 U.S.C. 18071). 

3 ‘‘(F) Provision of advance payments under 

4 section 1412 of the Patient Protection and Af5 fordable Care Act (42 U.S.C. 18082).’’. 

6 (c) CLARIFICATION THAT CERTAIN ACA BENEFITS

7 TREATED AS FEDERAL MEANS-TESTED PUBLIC BENE8 FITS.—Section 403(c) of the Personal Responsibility and 

9 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

10 1613(c)) is amended by adding at the end the following 

11 new paragraph: 

12 ‘‘(3) In applying this section, assistance and 

13 benefits described in section 401(c)(3) are treated as 

14 Federal means-tested public benefits to which sub15 section (a) applies.’’. 

16 (d) EFFECTIVE DATE.— 

17 (1) IN GENERAL.—Subject to paragraph (2), 

18 the amendments made by this section shall apply to 

19 coverage months beginning more than 120 days 

20 after the date of the enactment of this Act. 

21 (2) TRANSITION FOR CURRENT ENROLLEES.— 

22 In the case of an individual who is being provided 

23 assistance or benefits described in paragraph (3) of 

24 section 401(c) of the Personal Responsibility and 

25 Work Opportunity Reconciliation Act of 1996 (8 


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1 U.S.C. 1611(c)), as added by subsection (b), as of 

2 the date of the enactment of this Act, the amend3 ments made by this section (other than the amend4 ments made by subsection (a)(8)) shall not apply 

5 with respect to such assistance or benefits provided 

6 to such individual for coverage months before Janu7 ary of the year after the date of enactment of this 

8 Act. 

9 SEC. 403. ALIENS PAROLED INTO THE UNITED STATES IN10 ELIGIBLE FOR FEDERAL PUBLIC BENEFITS. 

11 Section 431(b) of the Personal Responsibility and 

12 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

13 1641(b)) is amended by striking paragraph (4). 

14 TITLE V—STATE AND LOCAL EN15 FORCEMENT OF THE IMMI16 GRATION LAWS 

17 SEC. 501. DEFINITIONS. 

18 (a) STATE DEFINED.—For the purposes of this title, 

19 the term ‘‘State’’ has the meaning given to such term in 

20 section 101(a)(36) of the Immigration and Nationality Act 

21 (8 U.S.C. 1101(a)(36)). 

22 (b) SECRETARY DEFINED.—For the purpose of this 

23 title, the term ‘‘Secretary’’ means the Secretary of Home24 land Security. 


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1 SEC. 502. IMMIGRATION LAW ENFORCEMENT BY STATES 

2 AND LOCALITIES. 

3 Law enforcement personnel of a State, or of a polit4 ical subdivision of a State, may investigate, identify, ap5 prehend, arrest, detain, or transfer to Federal custody 

6 aliens for the purposes of enforcing the immigration laws 

7 of the United States to the same extent as Federal law 

8 enforcement personnel. Law enforcement personnel of a 

9 State, or of a political subdivision of a State, may also 

10 investigate, identify, apprehend, arrest, or detain aliens 

11 for the purposes of enforcing the immigration laws of a 

12 State or of a political subdivision of State. Law enforce13 ment personnel of a State, or of a political subdivision of 

14 a State, may not remove aliens from the United States. 

15 SEC. 503. IMMUNITY. 

16 Notwithstanding any other provision of law, a law en17 forcement officer of a State or local law enforcement agen18 cy who is acting within the scope of the officer’s official 

19 duties shall be immune, to the same extent as a Federal 

20 law enforcement officer, from personal liability arising out 

21 of the performance of any duty described in this title, in22 cluding the authorities to investigate, identify, apprehend, 

23 arrest, detain, or transfer to Federal custody, an alien for 

24 the purposes of enforcing the immigration laws of the 

25 United States (as defined in section 101(a)(17) of the Im26 migration and Nationality Act (8 U.S.C. 1101(a)(17))) or 


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1 the immigration laws of a State or a political subdivision 

2 of a State. 

3 SEC. 504. FEDERAL CUSTODY OF INADMISSIBLE AND DE4 PORTABLE ALIENS IN THE UNITED STATES 

5 APPREHENDED BY STATE OR LOCAL LAW EN6 FORCEMENT. 

7 (a) IN GENERAL.—Title II of the Immigration and 

8 Nationality Act (8 U.S.C. 1151 et seq.) is amended by 

9 inserting after section 240C the following: 

10 ‘‘CUSTODY OF INADMISSIBLE AND DEPORTABLE ALIENS

11 PRESENT IN THE UNITED STATES

12 ‘‘SEC. 240D. 

13 ‘‘(a) TRANSFER OF CUSTODY BY STATE AND LOCAL

14 OFFICIALS.—If a State, or a political subdivision of a 

15 State, exercising authority with respect to the apprehen16 sion or arrest of an inadmissible or deportable alien sub17 mits to the Secretary of Homeland Security a request that 

18 the alien be taken into Federal custody, notwithstanding 

19 any other provision of law, regulation, or policy the Sec20 retary— 

21 ‘‘(1) shall take the alien into custody not later 

22 than 48 hours after the request has been issued fol23 lowing the conclusion of the State or local charging 

24 process or dismissal process, or if no State or local 

25 charging or dismissal process is required, the Sec26 retary shall issue a detainer and take the alien into 


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1 custody not later than 48 hours after the alien is ap2 prehended, in order to determine whether the alien 

3 should be detained, placed in removal proceedings, 

4 released, or removed; or 

5 ‘‘(2) shall request that the relevant State or 

6 local law enforcement agency temporarily hold the 

7 alien in their custody or transport the alien for 

8 transfer to Federal custody. 

9 ‘‘(b) POLICY ON DETENTION IN FEDERAL, CON10 TRACT, STATE, OR LOCAL DETENTION FACILITIES.—In 

11 carrying out section 241(g)(1), the Attorney General or 

12 Secretary of Homeland Security shall ensure that an alien 

13 arrested under this title shall be held in custody, pending 

14 the alien’s examination under this section, in a Federal, 

15 contract, State, or local prison, jail, detention center, or 

16 other comparable facility. Notwithstanding any other pro17 vision of law, regulation or policy, such facility is adequate 

18 for detention, if— 

19 ‘‘(1) such a facility is the most suitably located 

20 Federal, contract, State, or local facility available for 

21 such purpose under the circumstances; 

22 ‘‘(2) an appropriate arrangement for such use 

23 of the facility can be made; and 


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1 ‘‘(3) the facility satisfies the standards for the 

2 housing, care, and security of persons held in cus3 tody by a United States Marshal. 

4 ‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 

5 Security shall reimburse a State, or a political subdivision 

6 of a State, for all reasonable expenses, as determined by 

7 the Secretary, incurred by the State, or political subdivi8 sion, as a result of the incarceration and transportation 

9 of an alien who is inadmissible or deportable as described 

10 in subsections (a) and (b). Compensation provided for 

11 costs incurred under such subsections shall be the average 

12 cost of incarceration of a prisoner in the relevant State, 

13 as determined by the chief executive officer of a State, 

14 or of a political subdivision of a State, plus the cost of 

15 transporting the alien from the point of apprehension to 

16 the place of detention, and to the custody transfer point 

17 if the place of detention and place of custody are different. 

18 ‘‘(d) SECURE FACILITIES.—The Secretary of Home19 land Security shall ensure that aliens incarcerated pursu20 ant to this title are held in facilities that provide an appro21 priate level of security. 

22 ‘‘(e) TRANSFER.— 

23 ‘‘(1) IN GENERAL.—In carrying out this sec24 tion, the Secretary of Homeland Security shall es25 tablish a regular circuit and schedule for the prompt 


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1 transfer of apprehended aliens from the custody of 

2 States, and political subdivisions of a State, to Fed3 eral custody. 

4 ‘‘(2) CONTRACTS.—The Secretary may enter 

5 into contracts, including appropriate private con6 tracts, to implement this subsection.’’. 

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

8 of such Act is amended by inserting after the item relating 

9 to section 240C the following new item: 

‘‘Sec. 240D. Custody of inadmissible and deportable aliens present in the 

United States.’’. 

10 SEC. 505. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 

11 (SCAAP). 

12 Section 241(i) of the Immigration and Nationality 

13 Act (8 U.S.C. 1231(i)) is amended— 

14 (1) in paragraph (3)(A), by inserting ‘‘charged 

15 with or’’ before ‘‘convicted’’; and 

16 (2) by amending paragraph (5) to read as fol17 lows: 

18 ‘‘(5) There are authorized to be appropriated to 

19 carry out this subsection such sums as may be nec20 essary for fiscal year 2015 and each subsequent fis21 cal year.’’. 


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1 SEC. 506. LIMITATION ON STATE RECEIPT OF FEDERAL 

2 FUNDING. 

3 (a) IN GENERAL.—A State or political subdivision of 

4 a State that has in place a law or policy described in sub5 section (b) may not receive— 

6 (1) grants made under subpart 1 of part E of 

7 title I of the Omnibus Crime Control and Safe 

8 Streets Act of 1968 (42 U.S.C. 3750 et seq.); 

9 (2) grants made under part Q of title I of the 

10 Omnibus Crime Control and Safe Streets Act of 

11 1968 (42 U.S.C. 3796dd et seq.); or 

12 (3) compensation under section 241(i) of the 

13 Immigration and Nationality Act (8 U.S.C. 1231(i)). 

14 (b) LAW OR POLICY DESCRIBED.—A law or policy 

15 is described in this subsection if the law or policy— 

16 (1) is in contravention of section 642(a) of the 

17 Illegal Immigration Reform and Immigrant Respon18 sibility Act of 1996 (8 U.S.C. 1373(a)); 

19 (2) prohibits or restricts law enforcement offi20 cers of that State or political subdivision from col21 lecting information relating to an individual’s immi22 gration status; or 

23 (3) prohibits or restricts compliance with, or 

24 the honoring of detainers issued by Immigration and 

25 Customs Enforcement. 


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1 SEC. 507. ICE DETAINERS. 

2 Section 287(d) of the Immigration and Nationality 

3 Act (8 U.S.C. 1357(d)) is amended in the matter pre4 ceding paragraph (1), by striking ‘‘relating to controlled 

5 substances’’. 

6 SEC. 508. PRESERVATION OF THE SECURE COMMUNITIES 

7 PROGRAM AND REMOVAL OF DEPORTABLE 

8 ALIENS IDENTIFIED UNDER THE INTEROPER9 ABLE LAW ENFORCEMENT AND INTEL10 LIGENCE ELECTRONIC DATA SYSTEM. 

11 Section 202 of the Enhanced Border Security and 

12 Visa Entry Reform Act of 2002 (8 U.S.C. 1722) is amend13 ed— 

14 (1) in subsection (a)(2), by adding at the end 

15 the following: ‘‘Compliance with the requirements of 

16 this paragraph shall include, at a minimum, the op17 eration of the Secure Communities program, as in 

18 effect on November 19, 2014.’’; and 

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

20 ‘‘(c) REQUIRED ACTION.—Upon receiving notice 

21 under the interoperable law enforcement and intelligence 

22 electronic data system established under subsection (a) 

23 that a deportable alien is in the custody of Federal, State, 

24 or local law enforcement, the Secretary of Homeland Secu25 rity shall, following the conclusion of the charging process, 

26 dismissal process, or completion of the alien’s sentence, 


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1 as appropriate, issue a detainer, take the alien into cus2 tody, and initiate removal proceedings under section 238 

3 or 240 of the Immigration and Nationality Act (8 U.S.C. 

4 1228, 1229a), as appropriate.’’. 

5 TITLE VI—ASYLUM REFORM AND 

6 BORDER PROTECTION 

7 SEC. 601. CLARIFICATION OF INTENT REGARDING TAX8 PAYER-PROVIDED COUNSEL. 

9 Section 292 of the Immigration and Nationality Act 

10 (8 U.S.C. 1362) is amended— 

11 (1) by striking ‘‘(at no expense to the Govern12 ment)’’; and 

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

14 ‘‘Notwithstanding any other provision of law, in no in15 stance shall the Government bear any expense for counsel 

16 for any person in removal proceedings or in any appeal 

17 proceedings before the Attorney General from any such 

18 removal proceedings.’’. 

19 SEC. 602. CREDIBLE FEAR INTERVIEWS. 

20 Section 235(b)(1)(B)(v) of the Immigration and Na21 tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 

22 striking ‘‘208.’’ and inserting ‘‘208, and it is more prob23 able than not that the statements made by the alien in 

24 support of the alien’s claim are true.’’. 


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1 SEC. 603. RECORDING EXPEDITED REMOVAL AND CRED2 IBLE FEAR INTERVIEWS. 

3 (a) IN GENERAL.—The Secretary of Homeland Secu4 rity shall establish quality assurance procedures and take 

5 steps to effectively ensure that questions by employees of 

6 the Department of Homeland Security exercising expe7 dited removal authority under section 235(b) of the Immi8 gration and Nationality Act (8 U.S.C. 1225(b)) are asked 

9 in a uniform manner, and that both these questions and 

10 the answers provided in response to them are recorded in 

11 a uniform fashion. 

12 (b) FACTORS RELATING TO SWORN STATEMENTS.— 

13 Where practicable, any sworn or signed written statement 

14 taken of an alien as part of the record of a proceeding 

15 under section 235(b)(1)(A) of the Immigration and Na16 tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom17 panied by a recording of the interview which served as the 

18 basis for that sworn statement. 

19 (c) INTERPRETERS.—The Secretary shall ensure that 

20 a competent interpreter, not affiliated with the govern21 ment of the country from which the alien may claim asy22 lum, is used when the interviewing officer does not speak 

23 a language understood by the alien and there is no other 

24 Federal, State, or local government employee available 

25 who is able to interpret effectively, accurately, and impar26 tially. 


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1 (d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 

2 Recordings of interviews of aliens subject to expedited re3 moval shall be included in the record of proceeding and 

4 shall be considered as evidence in any further proceedings 

5 involving the alien. 

6 (e) NO PRIVATE RIGHT OF ACTION.—Nothing in this 

7 section shall be construed to create any right, benefit, 

8 trust, or responsibility, whether substantive or procedural, 

9 enforceable in law or equity by a party against the United 

10 States, its departments, agencies, instrumentalities, enti11 ties, officers, employees, or agents, or any person, nor does 

12 this section create any right of review in any administra13 tive, judicial, or other proceeding. 

14 SEC. 604. SAFE THIRD COUNTRY. 

15 Section 208(a)(2)(A) of the Immigration and Nation16 ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 

17 (1) by striking ‘‘Attorney General’’ and insert18 ing ‘‘Secretary of Homeland Security’’; and 

19 (2) by striking ‘‘removed, pursuant to a bilat20 eral or multilateral agreement, to’’ and inserting 

21 ‘‘removed to’’. 


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1 TITLE VII—MISCELLANEOUS 

2 SEC. 701. SUSPENSION OF EFFECTIVENESS OF CERTAIN 

3 LAWS. 

4 (a) WAIVER OF INADMISSIBILITY OF ALIENS UNLAW5 FULLY PRESENT.—Section 212(a)(9)(B)(v) of the Immi6 gration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(v)) 

7 is suspended during the period beginning on the date of 

8 the enactment of this Act and ending on January 20, 

9 2017. 

10 (b) DESIGNATION FOR TEMPORARY PROTECTED

11 STATUS.—No foreign state may be designated or redesig12 nated under section 244(b) of the Immigration and Na13 tionality Act (8 U.S.C. 1254a(b)) during the period begin14 ning on the date of the enactment of this Act and ending 

15 on January 20, 2017. The preceding sentence shall not 

16 be construed to affect any extension of a designation 

17 under paragraph (3)(C) of such section, if the designation 

18 was made prior to the date of the enactment of this Act. 

19 SEC. 702. TEMPORARY PROTECTED STATUS REFORM. 

20 Section 244 of the Immigration and Nationality Act 

21 (8 U.S.C. 1254a) is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (3), by striking subpara24 graphs (B) and (C) and redesignating subpara25 graph (D) as subparagraph (B); and 


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1 (B) in paragraph (5), by striking ‘‘to deny 

2 temporary protected status to an alien based on 

3 the alien’s immigration status or’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (3)— 

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

7 and any extended period of designation,’’; 

8 (ii) in subparagraph (B), by striking 

9 ‘‘or, if later, the expiration of the most re10 cent previous extension under subpara11 graph (C)’’; and 

12 (iii) in subparagraph (C), by striking 

13 ‘‘is extended for’’ and all that follows, and 

14 inserting ‘‘may be extended for one addi15 tional period of up to 18 months, in the 

16 discretion of the Attorney General.’’; and 

17 (B) in paragraph (5)(B), by striking the 

18 second sentence; 

19 (3) in subsection (c)(1)(A)— 

20 (A) in clause (iii), by striking ‘‘and’’ at the 

21 end; 

22 (B) in clause (iv), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

24 (C) by adding after clause (iv) the fol25 lowing: 


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1 ‘‘(v) the alien had lawful immigration 

2 status in the United States on the effective 

3 date of the most recent designation of that 

4 state.’’; and 

5 (4) in subsection (g), by striking ‘‘aliens who 

6 are or may become otherwise deportable or have 

7 been paroled into the United States’’ and inserting 

8 ‘‘aliens who may become otherwise deportable’’. 

Æ 


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