II 

Calendar No. 181 

116TH CONGRESS 

1ST SESSION S. 1494 

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 

MAY 15, 2019 

Mr. GRAHAM (for himself and Ms. MCSALLY) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

AUGUST 16, 2019 

Reported under authority of the order of the Senate of August 1, 2019, by 

Mr. GRAHAM, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Act of 2019’’. 

4 SEC. 2. PROTECTION OF MINORS. 

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

6 William Wilberforce Trafficking Victims Protection Reau7 thorization Act of 2008 (8 U.S.C. 1232) is amended by 

8 adding at the end the following: 

9 ‘‘(j) PROMOTING FAMILY UNITY.— 

10 ‘‘(1) DETENTION OF ALIEN MINORS.— 

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

12 other provision of law, judicial determination, 

13 consent decree, or settlement agreement, the 

14 Secretary of Homeland Security may detain any 

15 alien minor (other than an unaccompanied alien 

16 child) who is removable from the United States 

17 under section 237 of the Immigration and Na18 tionality Act (8 U.S.C. 1227) for not more than 

19 100 days pending the completion of removal 

20 proceedings, regardless of whether the alien 

21 minor was previously an unaccompanied alien 

22 child. 

23 ‘‘(B) PRIORITY REMOVAL CASES.—The Di24 rector of the Executive Office for Immigration 

25 Review shall— 


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1 ‘‘(i) prioritize the removal proceedings 

2 of an alien minor, or a family unit that in3 cludes an alien minor, detained under sub4 paragraph (A); and 

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

6 more than 100 days for such proceedings. 

7 ‘‘(C) DETENTION AND RELEASE DECI8 SIONS.—The decision to detain or release an 

9 alien minor described in subparagraph (A)— 

10 ‘‘(i) shall be governed solely by sec11 tions 212(d)(5), 217, 235, 236, and 241 of 

12 the Immigration and Nationality Act (8 

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

14 1231) and implementing regulations or 

15 policies; and 

16 ‘‘(ii) shall not be governed by stand17 ards, requirements, restrictions, or proce18 dures contained in a judicial decree or set19 tlement relating to the authority to detain 

20 or release alien minors. 

21 ‘‘(2) CONDITIONS OF DETENTION.— 

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

23 other provision of law, judicial determination, 

24 consent decree, or settlement agreement, the 

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1 mine, in the sole discretion of the Secretary, the 

2 conditions of detention applicable to an alien 

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

4 of whether the alien minor was previously an 

5 unaccompanied alien child. 

6 ‘‘(B) NO JUDICIAL REVIEW.—A determina7 tion under subparagraph (A) shall not be sub8 ject to judicial review. 

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

10 this section— 

11 ‘‘(A) affects the eligibility for bond or pa12 role of an alien; or 

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

14 a claim arising under the Constitution of the 

15 United States. 

16 ‘‘(4) PREEMPTION OF STATE LICENSING RE17 QUIREMENTS.—Notwithstanding any other provision 

18 of law, judicial determination, consent decree, or set19 tlement agreement, a State may not require an im20 migration detention facility used to detain families 

21 consisting of one or more children who have not at22 tained 18 years of age and the parents or legal 

23 guardians of such children, that is located in the 

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

25 subdivision thereof. 


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1 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this subsection. 

4 ‘‘(k) APPLICABILITY OF CONSENT DECREES, SET5 TLEMENTS, AND JUDICIAL DETERMINATIONS.— 

6 ‘‘(1) FLORES SETTLEMENT AGREEMENT INAP7 PLICABLE.—Conduct and activity that was, before 

8 the date of the enactment of this subsection, subject 

9 to a restriction or an obligation imposed by the stip10 ulated settlement agreement filed on January 17, 

11 1997, in the United States District Court for the 

12 Central District of California in Flores v. Reno (CV 

13 85–4544–RJK) (commonly known as the ‘Flores 

14 settlement agreement’), including any modification 

15 of and any judicial determination based on such 

16 agreement— 

17 ‘‘(A) shall not be subject to such restric18 tion or obligation; and 

19 ‘‘(B) shall be subject to the restrictions 

20 and obligations under this Act. 

21 ‘‘(2) OTHER SETTLEMENT AGREEMENTS OR

22 CONSENT DECREES.—Any settlement agreement or 

23 consent decree relating to the conditions of detention 

24 of an alien child shall be consistent with subsection 

25 (j).’’. 


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1 (b) SAFE AND PROMPT RETURN OF UNACCOM2 PANIED ALIEN CHILDREN.—Section 235(a) of the Wil3 liam Wilberforce Trafficking Victims Protection Reauthor4 ization Act of 2008 (8 U.S.C. 1232(a)) is amended— 

5 (1) in paragraph (2)— 

6 (A) by amending the paragraph heading to 

7 read as follows: ‘‘RULES FOR REPATRIATING

8 UNACCOMPANIED ALIEN CHILDREN’’; 

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

10 preceding clause (i), by striking ‘‘who is a na11 tional or habitual resident of a country that is 

12 contiguous with the United States shall be 

13 treated in accordance with subparagraph (B)’’ 

14 and inserting ‘‘shall be treated in accordance 

15 with this paragraph or subsection (b), as appli16 cable’’; 

17 (C) in subparagraph (B)— 

18 (i) by redesignating clauses (i) and 

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

20 the subclauses two ems to the right; 

21 (ii) in the matter preceding subclause 

22 (I), as so redesignated, by striking ‘‘An im23 migration officer’’ and inserting the fol24 lowing: 


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1 ‘‘(i) IN GENERAL.—An immigration 

2 officer’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(ii) CHILDREN UNABLE TO MAKE

6 DECISIONS WITH RESPECT TO WITH7 DRAWAL OF APPLICATIONS FOR ADMIS8 SION.—If at the time of initial apprehen9 sion, an immigration officer determines, in 

10 the sole and unreviewable discretion of the 

11 immigration officer, that an unaccom12 panied alien child is not able to make an 

13 independent decision with respect to the 

14 withdrawal of his or her application for ad15 mission to the United States, the immigra16 tion officer shall refer the unaccompanied 

17 alien child for removal proceedings under 

18 section 240 of the Immigration and Na19 tionality Act (8 U.S.C. 1229a). 

20 ‘‘(iii) CHILDREN ABLE TO MAKE DECI21 SIONS WITH RESPECT TO WITHDRAWAL OF

22 APPLICATIONS FOR ADMISSION.— 

23 ‘‘(I) IN GENERAL.—Except as 

24 described in subclause (III)(aa), not25 withstanding any other provision of 


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1 law that requires removal proceedings 

2 under section 240 of the Immigration 

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

4 including subparagraph (D) and sec5 tion 235 of the Immigration and Na6 tionality Act (8 U.S.C. 1225), in the 

7 case of an unaccompanied alien child 

8 who is able to make an independent 

9 decision with respect to the with10 drawal of his or her application for 

11 admission to the United States, as de12 termined by an immigration officer at 

13 the time of initial apprehension, and 

14 does not wish to withdraw such appli15 cation, the immigration officer shall— 

16 ‘‘(aa) make a record of any 

17 finding of inadmissibility or de18 portability, which shall be the 

19 basis of a repatriation order; and 

20 ‘‘(bb) refer the unaccom21 panied alien child for an inter22 view under subclause (II) to de23 termine whether it is more likely 

24 than not that the unaccompanied 

25 alien child— 


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1 ‘‘(AA) will be subjected 

2 to trafficking on return to 

3 his or her country of nation4 ality or last habitual resi5 dence; and 

6 ‘‘(BB) would be grant7 ed asylum under section 208 

8 of the Immigration and Na9 tionality Act (8 U.S.C. 

10 1158), withholding of re11 moval under section 

12 241(b)(3) of that Act (8 

13 U.S.C. 1231(b)(3)), or pro14 tection under the Convention 

15 Against Torture and Other 

16 Cruel, Inhuman or Degrad17 ing Treatment or Punish18 ment, done at New York, 

19 December 10, 1984 (re20 ferred to in this clause as 

21 the ‘Convention Against 

22 Torture’). 

23 ‘‘(II) INTERVIEW.— 

24 ‘‘(aa) IN GENERAL.—An 

25 interview under subclause (I)(bb) 


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1 shall be conducted by an immi2 gration officer with specialized 

3 training relating to— 

4 ‘‘(AA) applicable law; 

5 ‘‘(BB) interviewing 

6 children; and 

7 ‘‘(CC) child trafficking. 

8 ‘‘(III) DETERMINATIONS BASED

9 ON INTERVIEW.— 

10 ‘‘(aa) REMOVAL PRO11 CEEDINGS.—An unaccompanied 

12 alien child described in subclause 

13 (I) shall be referred for removal 

14 proceedings under section 240 of 

15 the Immigration and Nationality 

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

17 on an interview under item (bb) 

18 of that subclause, the immigra19 tion officer makes a determina20 tion that it is more likely than 

21 not that the unaccompanied alien 

22 child will be trafficked on return 

23 to his or her country of nation24 ality or last habitual residence. 


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1 ‘‘(bb) ASYLUM ONLY DETER2 MINATIONS.— 

3 ‘‘(AA) IN GENERAL.— 

4 If, based on an interview 

5 under subclause (I)(bb), the 

6 immigration officer makes a 

7 determination that it is 

8 more likely than not that the 

9 claim of an unaccompanied 

10 alien child for asylum under 

11 section 208 of the Immigra12 tion and Nationality Act (8 

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

14 removal under section 

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

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

18 Against Torture will be 

19 granted, the unaccompanied 

20 alien child shall be referred 

21 to an immigration judge 

22 solely for a determination 

23 with respect to whether the 

24 unaccompanied alien child is 

25 eligible for asylum under 


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1 section 208 of that Act (8 

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

3 removal under section 

4 241(b)(3) of that Act (8 

5 U.S.C. 1231(b)(3)), or pro6 tection under the Convention 

7 Against Torture and, if oth8 erwise eligible for asylum, 

9 whether asylum shall be 

10 granted in the exercise of 

11 discretion. 

12 ‘‘(BB) REPATRI13 ATION.—An unaccompanied 

14 alien child referred to an im15 migration judge under 

16 subitem (AA) shall be re17 turned to his or her country 

18 of nationality or last habit19 ual residence if the immigra20 tion judge finds that the un21 accompanied alien child is 

22 not entitled to asylum, with23 holding of removal, or pro24 tection under the Convention 

25 Against Torture. 


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1 ‘‘(IV) DISCRETION OF IMMIGRA2 TION OFFICER; NO JUDICIAL RE3 VIEW.—A decision of an immigration 

4 officer under this clause, and the 

5 issuance of a repatriation order, shall 

6 be in the sole, unreviewable discretion 

7 of the immigration officer. 

8 ‘‘(iv) DETENTION DURING PRO9 CEEDINGS.— 

10 ‘‘(I) IN GENERAL.—Except as 

11 provided in subclause (II), notwith12 standing any other provision of law, 

13 settlement agreement, or consent de14 cree, an unaccompanied alien child 

15 shall not be released from the custody 

16 of the Secretary of Homeland Security 

17 or the Director of the Office of Ref18 ugee Resettlement during the pend19 ency of the immigration or removal 

20 proceedings of the unaccompanied 

21 alien child. 

22 ‘‘(II) EXCEPTION.—An unaccom23 panied alien child may be released in 

24 the sole, unreviewable discretion of 


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1 the Director of the Office of Refugee 

2 Resettlement.’’; and 

3 (D) in subparagraph (C)— 

4 (i) by amending the subparagraph 

5 heading to read as follows: ‘‘AGREEMENTS

6 WITH FOREIGN COUNTRIES.—’’; and 

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

8 by striking ‘‘countries contiguous to the 

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

10 Salvador, Guatemala, Honduras, Mexico, 

11 and any other foreign country the Sec12 retary considers appropriate’’; 

13 (2) by striking paragraph (3); 

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

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

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

17 striking ‘‘from a contiguous country’’. 

18 (c) PROTECTING INTEGRITY OF SPECIAL IMMIGRANT

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

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

21 1101(a)(27)(J)) is amended— 

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

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

24 (2) in clause (iii)— 


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

2 the end; and 

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

4 ‘‘(III) an alien may not be grant5 ed special immigrant juvenile status 

6 under this subparagraph if the reuni7 fication of the alien with any parent 

8 or legal guardian of the alien is not 

9 precluded by abuse, neglect, abandon10 ment, or any similar cause under 

11 State law; and 

12 ‘‘(IV)(aa) in assessing whether 

13 an alien is entitled to special immi14 grant juvenile status under this sub15 paragraph, the Secretary of Homeland 

16 Security shall determine whether an 

17 order of dependency issued for pur18 poses of clause (i) was issued by an 

19 appropriate court with appropriate ju20 risdiction; and 

21 ‘‘(bb) notwithstanding any other 

22 provision of law, no court shall have 

23 jurisdiction to review a determination 

24 made by the Secretary of Homeland 

25 Security under this subclause;’’. 


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1 SEC. 3. ENDING ABUSE OF ASYLUM SYSTEM. 

2 (a) STANDARDS TO DETER FRAUD AND ADVANCE

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

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

5 1225(b)(1)(B)) is amended— 

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

7 ‘‘(v) CREDIBLE FEAR OF PERSECU8 TION.— 

9 ‘‘(I) IN GENERAL.—For purposes 

10 of this subparagraph, the term ‘cred11 ible fear of persecution’ means that it 

12 is more likely than not that the alien 

13 would be able to establish eligibility 

14 for asylum under section 208— 

15 ‘‘(aa) taking into account 

16 such facts as are known to the 

17 officer; and 

18 ‘‘(bb) only if the officer has 

19 determined, under subsection 

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

21 that it is more likely than not 

22 that the statements made by the 

23 alien or on behalf of the alien are 

24 true. 

25 ‘‘(II) BARS TO ASYLUM.—An 

26 alien shall not be determined to have 


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1 a credible fear of persecution if the 

2 alien is prohibited from applying for 

3 or receiving asylum, including an alien 

4 subject to a limitation or condition 

5 under subsection (a)(2) or (b)(2) (in6 cluding a regulation promulgated 

7 under such subsection) of section 

8 208.’’; and 

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

10 ‘‘(vi) ELIGIBILITY FOR RELIEF.— 

11 ‘‘(I) CREDIBLE FEAR REVIEW BY

12 IMMIGRATION JUDGE.—An alien de13 termined to have a credible fear of 

14 persecution shall be referred to an im15 migration judge for review of such de16 termination, which shall be limited to 

17 a determination whether the alien— 

18 ‘‘(aa) is eligible for asylum 

19 under section 208, withholding of 

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

21 or protection under the Conven22 tion Against Torture and Other 

23 Cruel, Inhuman or Degrading 

24 Treatment or Punishment, done 

25 at New York, December 10, 1984 


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1 (referred to in this clause as the 

2 ‘Convention Against Torture)’; 

3 and 

4 ‘‘(bb) merits a grant of asy5 lum in the exercise of discretion. 

6 ‘‘(II) ALIENS WITH REASONABLE

7 FEAR OF PERSECUTION.— 

8 ‘‘(aa) IN GENERAL.—Except 

9 as provided in item (bb), if an 

10 alien referred under subpara11 graph (A)(ii) is determined to 

12 have a reasonable fear of perse13 cution, the alien shall be eligible 

14 only for consideration of an ap15 plication for withholding of re16 moval under section 241(b)(3) or 

17 protection under the Convention 

18 Against Torture. 

19 ‘‘(bb) EXCEPTION.—An 

20 alien shall not be eligible for con21 sideration of an application for 

22 relief under item (aa) if the fail23 ure of the alien to establish a 

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1 cludes the alien from eligibility 

2 for such relief. 

3 ‘‘(cc) LIMITATION.—An 

4 alien whose application for relief 

5 is adjudicated under item (aa) 

6 shall not be eligible for any other 

7 form of relief or protection from 

8 removal. 

9 ‘‘(vii) INELIGIBILITY FOR REMOVAL

10 PROCEEDINGS.—An alien referred under 

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

12 for a hearing under section 240.’’. 

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

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

15 amended— 

16 (1) in subsection (a)— 

17 (A) by striking paragraph (1) and insert18 ing the following: 

19 ‘‘(1) IN GENERAL.—An alien who has entered 

20 the United States through a designated port of entry 

21 may apply for asylum under this section or section 

22 235(b), as applicable.’’; and 

23 (B) in paragraph (2)(E), by striking ‘‘Sub24 paragraphs (A) and (B)’’ and inserting ‘‘Sub25 paragraph (A)’’; and 


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1 (2) in subsection (b)(3), by striking subpara2 graph (C). 

3 (c) AUTHORITY FOR CERTAIN ALIENS TO APPLY FOR

4 ASYLUM.—Section 208(a)(2) of the Immigration and Na5 tionality Act (8 U.S.C. 1158(a)(2)) is amended by adding 

6 at the end the following: 

7 ‘‘(F) INELIGIBILITY FOR ASYLUM.— 

8 ‘‘(i) IN GENERAL.—Notwithstanding 

9 any other provision of law, including para10 graph (1), except as provided in clause (ii), 

11 an alien is ineligible for asylum if the 

12 alien— 

13 ‘‘(I) has been convicted of a fel14 ony; 

15 ‘‘(II) is inadmissible under sec16 tion 212(a) (except paragraphs (4), 

17 (5), and (7)); 

18 ‘‘(III) has been previously re19 moved from the United States; or 

20 ‘‘(IV) is a national or habitual 

21 resident of— 

22 ‘‘(aa) a country that has a 

23 refugee application and proc24 essing center; or 


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1 ‘‘(bb) a country contiguous 

2 to such a country. 

3 ‘‘(ii) EXCEPTION.—Notwithstanding 

4 clause (i), paragraph (1) applies to any 

5 alien who is present in the United States 

6 on the date of the enactment of this sub7 paragraph.’’. 

8 SEC. 4. ESTABLISHMENT OF REFUGEE APPLICATION AND 

9 PROCESSING CENTERS. 

10 (1) DEFINITION.—Section 101(a) of the Immi11 gration and Nationality Act (8 U.S.C. 1101(a)) is 

12 amended by adding at the end the following: 

13 ‘‘(53) The term ‘refugee application and proc14 essing center’— 

15 ‘‘(A) means a facility designated under sec16 tion 207(g) by the Secretary of State to accept 

17 and process applications for refugee admissions 

18 to the United States; and 

19 ‘‘(B) may include a United States em20 bassy, consulate, or other diplomatic facility.’’. 

21 (2) DESIGNATION.—Section 207 of the Immi22 gration and Nationality Act (8 U.S.C. 1157) is 

23 amended by adding at the end the following: 

24 ‘‘(g) REFUGEE APPLICATION AND PROCESSING CEN25 TERS.— 


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

2 after the date of the enactment of this subsection, 

3 the Secretary of State, in consultation with the Sec4 retary of Homeland Security, shall designate refugee 

5 application and processing centers outside the 

6 United States. 

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

8 establish— 

9 ‘‘(A) 1 refugee application and processing 

10 center in Mexico; and 

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

12 and processing centers in Central America at 

13 locations selected by the Secretary of State, in 

14 consultation with the Secretary of Homeland 

15 Security. 

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

17 Secretary of State, in coordination with the Sec18 retary of Homeland Security, shall ensure that any 

19 alien who is a national or habitual resident of a 

20 country in which a refugee application and proc21 essing center is located, or a country contiguous to 

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

23 refugee application and processing center. 

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

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1 ugee application and processing center shall be adju2 dicated by a refugee officer. 

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

4 ensure that refugee application and processing cen5 ters accord priority to applications submitted— 

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

7 an authorized nongovernmental organization, as 

8 determined by the Secretary of State; 

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

10 on which such referral is made; and 

11 ‘‘(C) in accordance with the requirements 

12 and procedures established by the Secretary of 

13 State under this subsection. 

14 ‘‘(6) NUMBER OF REFERRALS AND GRANTS OF

15 ADMISSION FOR REFUGEES.—The admission to the 

16 United States of refugees under this subsection shall 

17 be subject to the limitations, including the numerical 

18 limitations, under this section. 

19 ‘‘(7) APPLICATION FEES.— 

20 ‘‘(A) IN GENERAL.—The Secretary of 

21 State and the Secretary of Homeland Security 

22 shall charge, collect, and account for fees pre23 scribed by each such Secretary pursuant to sec24 tion 9701 of title 31, United States Code, for 

25 the purpose of receiving, docketing, processing, 


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1 and adjudicating an application under this sub2 section. 

3 ‘‘(B) BASIS FOR FEES.—The fees pre4 scribed under subparagraph (A) shall be based 

5 on a consideration of the amount necessary to 

6 deter frivolous applications and the cost for 

7 processing the application, including the imple8 mentation of program integrity and anti-fraud 

9 measures.’’. 

10 SEC. 5. REGULATIONS. 

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

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

13 the enactment of this Act, the Secretary of Homeland Se14 curity and the Attorney General shall, jointly or sepa15 rately, publish in the Federal Register interim final rules 

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

17 section 4. 

18 SEC. 6. HIRING AUTHORITY. 

19 (a) IMMIGRATION JUDGES.—The Attorney General 

20 shall increase— 

21 (1) the number of immigration judges by not 

22 fewer than an additional 500 judges, as compared to 

23 the number of immigration judges as of the date of 

24 the enactment of this Act; and 


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1 (2) the corresponding number of support staff, 

2 as necessary. 

3 (b) IMMIGRATION AND CUSTOMS ENFORCEMENT AT4 TORNEYS.—The Director of U.S. Immigration and Cus5 toms Enforcement shall increase the number of attorneys 

6 and staff employed by U.S. Immigration and Customs En7 forcement by the number that is consistent with the work8 load staffing model to support the increase in immigration 

9 judges. 

10 SECTION 1. SHORT TITLE. 

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

12 of 2019’’. 

13 SEC. 2. PROTECTION OF MINORS. 

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

15 William Wilberforce Trafficking Victims Protection Reau16 thorization Act of 2008 (8 U.S.C. 1232) is amended by add17 ing at the end the following: 

18 ‘‘(j) PROMOTING FAMILY UNITY.— 

19 ‘‘(1) DETENTION OF ALIEN MINORS.— 

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

21 other provision of law, judicial determination, 

22 consent decree, or settlement agreement, the Sec23 retary of Homeland Security may detain any 

24 alien minor (other than an unaccompanied alien 

25 child) who is inadmissible to the United States 


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1 under section 212(a) of the Immigration and 

2 Nationality Act (8 U.S.C. 1182(a)) or removable 

3 from the United States under section 237(a) of 

4 that Act (8 U.S.C. 1227(a)) pending the comple5 tion of removal proceedings, regardless of wheth6 er the alien minor was previously an unaccom7 panied alien child. 

8 ‘‘(B) PRIORITY REMOVAL CASES.—The At9 torney General shall— 

10 ‘‘(i) prioritize the removal proceedings 

11 of an alien minor, or a family unit that in12 cludes an alien minor, detained under sub13 paragraph (A); and 

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

15 more than 100 days for such proceedings. 

16 ‘‘(C) DETENTION AND RELEASE DECI17 SIONS.—The decision to detain or release an 

18 alien minor described in subparagraph (A)— 

19 ‘‘(i) shall be governed solely by sections 

20 212(d)(5), 217, 235, 236, and 241 of the 

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

22 1182(d)(5), 1187, 1225, 1226, and 1231) 

23 and implementing regulations or policies; 

24 and 


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1 ‘‘(ii) shall not be governed by stand2 ards, requirements, restrictions, or proce3 dures contained in a judicial decree or set4 tlement relating to the authority to detain 

5 or release alien minors. 

6 ‘‘(2) CONDITIONS OF DETENTION.— 

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

8 other provision of law, judicial determination, 

9 consent decree, or settlement agreement, the Sec10 retary of Homeland Security shall determine, in 

11 the sole discretion of the Secretary, the condi12 tions of detention applicable to an alien minor 

13 described in paragraph (1)(A) regardless of 

14 whether the alien minor was previously an unac15 companied alien child. 

16 ‘‘(B) NO JUDICIAL REVIEW.—A determina17 tion under subparagraph (A) shall not be subject 

18 to judicial review. 

19 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 

20 section— 

21 ‘‘(A) affects the eligibility for bond or parole 

22 of an alien; or 

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

24 a claim arising under the Constitution of the 

25 United States. 


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1 ‘‘(4) PREEMPTION OF STATE LICENSING RE2 QUIREMENTS.—Notwithstanding any other provision 

3 of law, judicial determination, consent decree, or set4 tlement agreement, a State may not require an immi5 gration detention facility used to detain families con6 sisting of one or more children who have not attained 

7 18 years of age and the parents or legal guardians of 

8 such children, that is located in the State, to be li9 censed by the State or any political subdivision there10 of. 

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

12 of Homeland Security shall ensure that each— 

13 ‘‘(A) family residential facility is secure 

14 and safe; and 

15 ‘‘(B) alien child and accompanying parent 

16 at a family residential facility has— 

17 ‘‘(i) suitable living accommodations; 

18 ‘‘(ii) access to drinking water and food; 

19 ‘‘(iii) timely access to medical assist20 ance, including mental health assistance; 

21 and 

22 ‘‘(iv) access to any other service nec23 essary for the adequate care of a minor 

24 child. 


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1 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums as 

3 may be necessary to carry out this subsection. 

4 ‘‘(k) APPLICABILITY OF CONSENT DECREES, SETTLE5 MENTS, AND JUDICIAL DETERMINATIONS.— 

6 ‘‘(1) FLORES SETTLEMENT AGREEMENT INAPPLI7 CABLE.—Any conduct or activity that was, before the 

8 date of the enactment of this subsection, subject to any 

9 restriction or obligation imposed by the stipulated set10 tlement agreement filed on January 17, 1997, in the 

11 United States District Court for the Central District 

12 of California in Flores v. Reno, CV 85–4544–RJK, 

13 (commonly known as the ‘Flores settlement agree14 ment’), or imposed by any amendment of that agree15 ment or judicial determination based on that agree16 ment— 

17 ‘‘(A) shall be subject to the restrictions and 

18 obligations in subsection (j) or imposed by the 

19 William Wilberforce Trafficking Victims Protec20 tion Reauthorization Act of 2008 (Public Law 

21 110–457); and 

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

23 and the obligations imposed by such settlement 

24 agreement or judicial determination. 


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1 ‘‘(2) OTHER SETTLEMENT AGREEMENTS OR CON2 SENT DECREES.—In any civil action with respect to 

3 the conditions of detention of alien children, the court 

4 shall not enter or approve a settlement agreement or 

5 consent decree unless it complies with the limitations 

6 set forth in subsection (j).’’. 

7 (b) SAFE AND PROMPT RETURN OF UNACCOMPANIED

8 ALIEN CHILDREN.—Section 235(a) of the William Wilber9 force Trafficking Victims Protection Reauthorization Act of 

10 2008 (8 U.S.C. 1232(a)) is amended— 

11 (1) in paragraph (2)— 

12 (A) by amending the paragraph heading to 

13 read as follows: ‘‘RULES FOR REPATRIATING UN14 ACCOMPANIED ALIEN CHILDREN’’; 

15 (B) in subparagraph (A), in the matter pre16 ceding clause (i), by striking ‘‘who is a national 

17 or habitual resident of a country that is contig18 uous with the United States shall be treated in 

19 accordance with subparagraph (B)’’ and insert20 ing ‘‘shall be treated in accordance with this 

21 paragraph or subsection (b), as applicable’’; 

22 (C) in subparagraph (B)— 

23 (i) by redesignating clauses (i) and (ii) 

24 as subclauses (I) and (II), and moving the 

25 subclauses two ems to the right; 


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1 (ii) in the matter preceding subclause 

2 (I), as so redesignated, by striking ‘‘An im3 migration officer’’ and inserting the fol4 lowing: 

5 ‘‘(i) IN GENERAL.—An immigration of6 ficer’’; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(ii) CHILDREN UNABLE TO MAKE DE10 CISIONS WITH RESPECT TO WITHDRAWAL OF

11 APPLICATIONS FOR ADMISSION.—If at the 

12 time of initial apprehension, an immigra13 tion officer determines, in the sole and 

14 unreviewable discretion of the immigration 

15 officer, that an unaccompanied alien child 

16 is not able to make an independent decision 

17 with respect to the withdrawal of his or her 

18 application for admission to the United 

19 States, the immigration officer shall refer 

20 the unaccompanied alien child for removal 

21 proceedings under section 240 of the Immi22 gration and Nationality Act (8 U.S.C. 

23 1229a). 


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1 ‘‘(iii) CHILDREN ABLE TO MAKE DECI2 SIONS WITH RESPECT TO WITHDRAWAL OF

3 APPLICATIONS FOR ADMISSION.— 

4 ‘‘(I) IN GENERAL.—Except as de5 scribed in subclause (III)(aa), notwith6 standing any other provision of law 

7 that requires removal proceedings 

8 under section 240 of the Immigration 

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

10 including subparagraph (D) and sec11 tion 235 of the Immigration and Na12 tionality Act (8 U.S.C. 1225), in the 

13 case of an unaccompanied alien child 

14 who is able to make an independent 

15 decision with respect to the withdrawal 

16 of his or her application for admission 

17 to the United States, as determined by 

18 an immigration officer at the time of 

19 initial apprehension, and does not 

20 wish to withdraw such application, the 

21 immigration officer shall— 

22 ‘‘(aa) make a record of any 

23 finding of inadmissibility or de24 portability, which shall be the 

25 basis of a repatriation order, 


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1 which shall be carried out and the 

2 child shall be returned to his or 

3 her country of nationality or last 

4 habitual residence, unless the 

5 child is referred— 

6 ‘‘(AA) for removal pro7 ceedings pursuant to sub8 clause (III)(aa); or 

9 ‘‘(BB) to an immigra10 tion judge for a determina11 tion pursuant to subclause 

12 (III)(bb); and 

13 ‘‘(bb) refer the unaccom14 panied alien child for an inter15 view under subclause (II) to deter16 mine whether it is more likely 

17 than not that the unaccompanied 

18 alien child— 

19 ‘‘(AA) will be subjected 

20 to trafficking on return to 

21 his or her country of nation22 ality or last habitual resi23 dence; and 

24 ‘‘(BB) would be granted 

25 asylum under section 208 of 


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1 the Immigration and Nation2 ality Act (8 U.S.C. 1158), 

3 withholding of removal under 

4 section 241(b)(3) of that Act 

5 (8 U.S.C. 1231(b)(3)), or 

6 protection under the regula7 tions issued pursuant to the 

8 legislation implementing the 

9 Convention Against Torture 

10 and Other Cruel, Inhuman 

11 or Degrading Treatment or 

12 Punishment, done at New 

13 York, December 10, 1984 (re14 ferred to in this clause as the 

15 ‘Convention Against Tor16 ture’). 

17 ‘‘(II) INTERVIEW.— 

18 ‘‘(aa) IN GENERAL.—An 

19 interview under subclause (I)(bb) 

20 shall be conducted by an immi21 gration officer with specialized 

22 training relating to— 

23 ‘‘(AA) applicable law; 

24 ‘‘(BB) interviewing chil25 dren; and 


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1 ‘‘(CC) child trafficking. 

2 ‘‘(III) DETERMINATIONS BASED

3 ON INTERVIEW.— 

4 ‘‘(aa) REMOVAL PRO5 CEEDINGS.—An unaccompanied 

6 alien child described in subclause 

7 (I) shall be referred for removal 

8 proceedings under section 240 of 

9 the Immigration and Nationality 

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

11 an interview under item (bb) of 

12 that subclause, the immigration 

13 officer makes a determination that 

14 it is more likely than not that the 

15 unaccompanied alien child will be 

16 trafficked on return to his or her 

17 country of nationality or last ha18 bitual residence. 

19 ‘‘(bb) ASYLUM ONLY DETER20 MINATIONS.— 

21 ‘‘(AA) IN GENERAL.—If, 

22 based on an interview under 

23 subclause (I)(bb), the immi24 gration officer makes a deter25 mination that it is more likeVerDate Sep 11 2014 20:51 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\S1494.RS S1494

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1 ly than not that the claim of 

2 an unaccompanied alien 

3 child for asylum under sec4 tion 208 of the Immigration 

5 and Nationality Act (8 

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

7 removal under section 

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

9 U.S.C. 1231(b)(3)), or protec10 tion under the Convention 

11 Against Torture will be 

12 granted, the unaccompanied 

13 alien child shall be referred 

14 to an immigration judge 

15 solely for a determination 

16 with respect to whether the 

17 unaccompanied alien child is 

18 eligible for asylum under sec19 tion 208 of that 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 protec24 tion under the regulations 

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1 lation implementing the Con2 vention Against Torture and, 

3 if otherwise eligible for asy4 lum, whether asylum shall be 

5 granted in the exercise of dis6 cretion. 

7 ‘‘(BB) REPATRI8 ATION.—An unaccompanied 

9 alien child referred to an im10 migration judge under 

11 subitem (AA) shall be re12 turned to his or her country 

13 of nationality or last habit14 ual residence if the immigra15 tion judge finds that the un16 accompanied alien child is 

17 not entitled to asylum, with18 holding of removal, or protec19 tion under the regulations 

20 issued pursuant to the legis21 lation implementing the Con22 vention Against Torture. 

23 ‘‘(IV) DISCRETION OF IMMIGRA24 TION OFFICER; NO JUDICIAL REVIEW.— 

25 A decision of an immigration officer 


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1 under this clause, and the issuance of 

2 a repatriation order, shall be in the 

3 sole, unreviewable discretion of the im4 migration officer. 

5 ‘‘(iv) DETENTION DURING PRO6 CEEDINGS.— 

7 ‘‘(I) IN GENERAL.—Except as pro8 vided in subclauses (II) and (III), not9 withstanding any other provision of 

10 law, settlement agreement, or consent 

11 decree, an unaccompanied alien child 

12 shall not be released from the custody 

13 of the Secretary of Homeland Security 

14 or the Director of the Office of Refugee 

15 Resettlement during the pendency of 

16 the immigration or removal pro17 ceedings of the unaccompanied alien 

18 child. 

19 ‘‘(II) RELEASE TO SPONSOR.— 

20 ‘‘(aa) IN GENERAL.—Except 

21 as provided in item (bb), the Di22 rector of the Office of Refugee Re23 settlement may, in the sole, 

24 unreviewable discretion of the Di25 rector, release an unaccompanied 


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1 alien child to a sponsor who is a 

2 verified parent or legal guardian 

3 or, in the case of an unaccom4 panied alien child who does not 

5 have a verified parent or legal 

6 guardian in the United States, a 

7 close relative, a distant relative, 

8 or an unrelated adult. 

9 ‘‘(bb) EXCEPTION.—The Di10 rector of the Office of Refugee Re11 settlement shall not under any 

12 circumstance release an unaccom13 panied alien child to a sponsor or 

14 a member of the sponsor’s house15 hold who has committed an of16 fense described in section 

17 236(c)(1) of the Immigration and 

18 Nationality Act (8 U.S.C. 

19 1226(c)(1)), is detained while in 

20 removal proceedings under section 

21 240 of such Act (8 U.S.C. 1229a), 

22 has assisted or facilitated the 

23 smuggling or trafficking of a 

24 child, or would otherwise pose a 


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1 threat to the well-being of the un2 accompanied alien child. 

3 ‘‘(cc) PROVISION OF INFOR4 MATION TO SECRETARY OF HOME5 LAND SECURITY.—The Secretary 

6 of Health and Human Services 

7 shall provide to the Secretary of 

8 Homeland Security information 

9 relating to the sponsor, potential 

10 sponsor, and each member of the 

11 household of the sponsor or poten12 tial sponsor, of each unaccom13 panied alien child. 

14 ‘‘(III) PROGRAMS FOR UNACCOM15 PANIED ALIEN CHILDREN WITHOUT

16 SPONSORS.—In the case of an unac17 companied alien child who cannot be 

18 placed with a sponsor under item (aa), 

19 the Director of the Office of Refugee 

20 Resettlement may release the child to a 

21 program for unaccompanied alien mi22 nors, such as a program under section 

23 412(d) of the Immigration and Nation24 ality Act (8 U.S.C. 1522(d)).’’; and 

25 (D) in subparagraph (C)— 


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1 (i) by amending the subparagraph 

2 heading to read as follows: ‘‘AGREEMENTS

3 WITH FOREIGN COUNTRIES.—’’; and 

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

5 by striking ‘‘countries contiguous to the 

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

7 Salvador, Guatemala, Honduras, Mexico, 

8 and any other foreign country the Secretary 

9 considers appropriate’’; 

10 (2) by striking paragraph (3); 

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

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

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

14 striking ‘‘from a contiguous country’’. 

15 (c) PROTECTING INTEGRITY OF SPECIAL IMMIGRANT

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

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

18 1101(a)(27)(J)) is amended— 

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

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

21 (2) in clause (iii)— 

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

23 the end; and 

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


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1 ‘‘(III) an alien may not be grant2 ed special immigrant juvenile status 

3 under this subparagraph if the juvenile 

4 court determines that the alien may be 

5 returned to the legal custody of any 

6 parent of the alien; and 

7 ‘‘(IV)(aa) in assessing whether an 

8 alien is entitled to special immigrant 

9 juvenile classification under this sub10 paragraph, the Secretary of Homeland 

11 Security may, in the discretion of the 

12 Secretary, determine whether— 

13 ‘‘(AA) an order of depend14 ency or custody issued for pur15 poses of clause (i) was issued dur16 ing juvenile court abuse and ne17 glect proceedings for the purpose 

18 of providing permanency to an 

19 alien the parents of whom have 

20 been found to be unfit; and 

21 ‘‘(BB) such order was issued 

22 by a court of appropriate jurisdic23 tion ; and 

24 ‘‘(bb) notwithstanding any other 

25 provision of law, no court shall have 


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1 jurisdiction to review a determination 

2 made by the Secretary of Homeland 

3 Security under this subclause;’’. 

4 (d) PAROLE REFORM.— 

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

6 212(d) (8 U.S.C. 1182(d)) is amended to read as fol7 lows: 

8 ‘‘(5) HUMANITARIAN AND SIGNIFICANT PUBLIC

9 BENEFIT PAROLE.— 

10 ‘‘(A) IN GENERAL.—Subject to the provi11 sions of this paragraph and section 214(f)(2), the 

12 Secretary of Homeland Security, in the sole dis13 cretion of the Secretary of Homeland Security, 

14 may, on an individual case-by-case basis and 

15 not according to eligibility criteria describing an 

16 entire class of potential parole recipients, parole 

17 an alien into the United States temporarily, 

18 under such conditions as the Secretary of Home19 land Security may prescribe, only— 

20 ‘‘(i) for an urgent humanitarian rea21 son (as described under subparagraph (B)); 

22 or 

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

24 the significant public benefit (as described 

25 under subparagraph (C)). 


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1 ‘‘(B) HUMANITARIAN PAROLE.—The Sec2 retary of Homeland Security may parole an 

3 alien based on an urgent humanitarian reason 

4 described in this subparagraph only if— 

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

6 and the alien cannot obtain necessary treat7 ment in the foreign state in which the alien 

8 is residing or the medical emergency is life9 threatening and there is insufficient time 

10 for the alien to be admitted through the nor11 mal visa process; 

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

13 otherwise has legal authority to make med14 ical decisions on behalf of an alien described 

15 in clause (i); 

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

17 States in order to donate an organ or other 

18 tissue for transplant into an immediate 

19 family member and there is insufficient 

20 time for the alien to be admitted through 

21 the normal visa process; 

22 ‘‘(iv) the alien has an immediate fam23 ily member in the United States whose 

24 death is imminent and the alien could not 

25 arrive in the United States in time to see 


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1 such family member alive if the alien were 

2 to be admitted through the normal visa 

3 process; 

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

5 adjustment of status under section 245; or 

6 ‘‘(vi) the alien was lawfully granted 

7 status under section 208 or lawfully admit8 ted under section 207. 

9 ‘‘(C) SIGNIFICANT PUBLIC BENEFIT PA10 ROLE.—The Secretary of Homeland Security 

11 may parole an alien based on a reason deemed 

12 strictly for the significant public benefit de13 scribed in this subparagraph only if— 

14 ‘‘(i) the presence of the alien is nec15 essary in a matter such as a criminal in16 vestigation or prosecution, espionage activ17 ity, or other similar law enforcement or in18 telligence-related activity; 

19 ‘‘(ii) the presence of the alien is nec20 essary in a civil matter concerning the ter21 mination of parental rights; 

22 ‘‘(iii) the alien has previously assisted 

23 the United States Government in a matter 

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


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1 alien would be threatened if the alien were 

2 not permitted to enter the United States; 

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

4 under section 235, it is necessary to release 

5 from detention and grant parole to the alien 

6 due to a safety concern or for the preserva7 tion of life and property, including in the 

8 case of— 

9 ‘‘(I) lack of adequate bed space in 

10 a detention facility; or 

11 ‘‘(II) an alien who has a serious 

12 medical condition such that continued 

13 detention would be life-threatening or 

14 would risk serious bodily injury, dis15 figurement, or permanent disability; or 

16 ‘‘(v) in the case of an alien returned to 

17 a foreign territory contiguous to the United 

18 States pursuant to section 235(b)(2)(C), it 

19 is necessary to parole the alien into the 

20 United States for an immigration pro21 ceeding. 

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

23 AUTHORITY.—The Secretary of Homeland Secu24 rity may not use the parole authority under this 

25 paragraph— 


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1 ‘‘(i) to circumvent immigration policy 

2 established by law; 

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

4 not qualify for admission under established 

5 legal immigration categories; or 

6 ‘‘(iii) to supplement established immi7 gration categories without an Act of Con8 gress. 

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

10 of an alien under this paragraph shall not be 

11 considered an admission of the alien into the 

12 United States. When the purposes of the parole 

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

14 revoked, as determined by the Secretary of 

15 Homeland Security, the alien shall immediately 

16 return or be returned to the custody from which 

17 the alien was paroled and the alien shall be con18 sidered for admission to the United States on the 

19 same basis as other similarly situated applicants 

20 for admission. 

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

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

23 the Secretary of Homeland Security shall submit 

24 a report to the Committee on the Judiciary of 

25 the Senate and the Committee on the Judiciary 


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1 of the House of Representatives describing the 

2 number and categories of aliens paroled into the 

3 United States under this paragraph. Each such 

4 report shall contain information and data con5 cerning the number and categories of aliens pa6 roled, the duration of parole, and the current 

7 status of aliens paroled during the preceding fis8 cal year.’’. 

9 (2) EFFECTIVE DATE.—The amendment made by 

10 paragraph (1) shall take effect on the first day of the 

11 first month beginning more than 60 days after the 

12 date of the enactment of this Act. 

13 SEC. 3. ENDING ABUSE OF ASYLUM SYSTEM. 

14 (a) STANDARDS TO DETER FRAUD AND ADVANCE

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

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

17 1225(b)(1)(B)) is amended— 

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

19 ‘‘(v) CREDIBLE FEAR OF PERSECU20 TION.— 

21 ‘‘(I) IN GENERAL.—For purposes 

22 of this subparagraph, the term ‘credible 

23 fear of persecution’ means that it is 

24 more likely than not that the alien 


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1 would be able to establish eligibility for 

2 asylum under section 208— 

3 ‘‘(aa) taking into account 

4 such facts as are known to the of5 ficer; and 

6 ‘‘(bb) only if the officer has 

7 determined, under subsection 

8 (b)(1)(B)(iii) of such section, that 

9 it is more likely than not that the 

10 statements made by the alien or 

11 on behalf of the alien are true. 

12 ‘‘(II) BARS TO ASYLUM.—An 

13 alien shall not be determined to have a 

14 credible fear of persecution if the alien 

15 is prohibited from applying for or re16 ceiving asylum, including an alien 

17 subject to a limitation or condition 

18 under subsection (a)(2) or (b)(2) (in19 cluding a regulation promulgated 

20 under such subsection) of section 208.’’; 

21 and 

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

23 ‘‘(vi) ELIGIBILITY FOR RELIEF.— 

24 ‘‘(I) CREDIBLE FEAR REVIEW BY

25 IMMIGRATION JUDGE.—An alien deterVerDate Sep 11 2014 20:51 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\S1494.RS S1494

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1 mined to have a credible fear of perse2 cution shall be referred to an immigra3 tion judge for review of such deter4 mination, which shall be limited to a 

5 determination whether the alien— 

6 ‘‘(aa) is eligible for asylum 

7 under section 208, withholding of 

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

9 or protection under the Conven10 tion Against Torture and Other 

11 Cruel, Inhuman or Degrading 

12 Treatment or Punishment, done 

13 at New York, December 10, 1984 

14 (referred to in this clause as the 

15 ‘Convention Against Torture)’; 

16 and 

17 ‘‘(bb) merits a grant of asy18 lum in the exercise of discretion. 

19 ‘‘(II) ALIENS WITH REASONABLE

20 FEAR OF PERSECUTION.— 

21 ‘‘(aa) IN GENERAL.—Except 

22 as provided in item (bb), if an 

23 alien referred under subparagraph 

24 (A)(ii) is determined to have a 

25 reasonable fear of persecution or 


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1 torture, the alien shall be eligible 

2 only for consideration of an ap3 plication for withholding of re4 moval under section 241(b)(3) or 

5 protection under the Convention 

6 Against Torture. 

7 ‘‘(bb) EXCEPTION.—An alien 

8 shall not be eligible for consider9 ation of an application for relief 

10 under item (aa) if the failure of 

11 the alien to establish a credible 

12 fear of persecution precludes the 

13 alien from eligibility for such re14 lief. 

15 ‘‘(cc) LIMITATION.—An alien 

16 whose application for relief is ad17 judicated under item (aa) shall 

18 not be eligible for any other form 

19 of relief or protection from re20 moval. 

21 ‘‘(vii) INELIGIBILITY FOR REMOVAL

22 PROCEEDINGS.—An alien referred under 

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

24 for a hearing under section 240.’’. 


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

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

3 amended— 

4 (1) in subsection (a)— 

5 (A) by striking paragraph (1) and inserting 

6 the following: 

7 ‘‘(1) IN GENERAL.—Only an alien who has en8 tered the United States through a designated port of 

9 entry may apply for asylum under this section or sec10 tion 235(b), as applicable.’’; and 

11 (B) in paragraph (2)— 

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

13 pursuant to a bilateral or multilateral 

14 agreement,’’; and 

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

16 ‘‘Subparagraphs (A) and (B)’’ and insert17 ing ‘‘Subparagraph (A)’’; and 

18 (2) in subsection (b)(3), by striking subpara19 graph (C). 

20 (c) AUTHORITY FOR CERTAIN ALIENS TO APPLY FOR

21 ASYLUM.—Section 208(a)(2) of the Immigration and Na22 tionality Act (8 U.S.C. 1158(a)(2)) is amended by adding 

23 at the end the following: 

24 ‘‘(F) INELIGIBILITY FOR ASYLUM.— 


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1 ‘‘(i) IN GENERAL.—Notwithstanding 

2 any other provision of law, including para3 graph (1), except as provided in clause (ii), 

4 an alien is ineligible for asylum if the 

5 alien— 

6 ‘‘(I) has been convicted of a fel7 ony; 

8 ‘‘(II) is inadmissible under sec9 tion 212(a) (except paragraphs (4), 

10 (5), and (7)); 

11 ‘‘(III) has been previously re12 moved from the United States; or 

13 ‘‘(IV) is a national or habitual 

14 resident of— 

15 ‘‘(aa) a country in Central 

16 America that has a refugee appli17 cation and processing center; or 

18 ‘‘(bb) a country contiguous to 

19 such a country (other than Mex20 ico). 

21 ‘‘(ii) EXCEPTION.—Notwithstanding 

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

23 any alien who is present in the United 

24 States on the date of the enactment of this 

25 subparagraph.’’. 


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1 SEC. 4. ESTABLISHMENT OF REFUGEE APPLICATION AND 

2 PROCESSING CENTERS. 

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

4 and Nationality Act (8 U.S.C. 1101(a)) is amended by add5 ing at the end the following: 

6 ‘‘(53) The term ‘refugee application and proc7 essing center’— 

8 ‘‘(A) means a facility designated under sec9 tion 207(g) by the Secretary of State to accept 

10 and process applications for refugee admissions 

11 to the United States; and 

12 ‘‘(B) may include a United States embassy, 

13 consulate, or other diplomatic facility.’’. 

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

15 and Nationality Act (8 U.S.C. 1157) is amended by adding 

16 at the end the following: 

17 ‘‘(g) REFUGEE APPLICATION AND PROCESSING CEN18 TERS.— 

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

20 after the date of the enactment of this subsection, the 

21 Secretary of State, in consultation with the Secretary 

22 of Homeland Security, shall designate refugee appli23 cation and processing centers outside the United 

24 States. 

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

26 establish— 


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1 ‘‘(A) 1 refugee application and processing 

2 center in Mexico; and 

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

4 and processing centers in Central America at lo5 cations selected by the Secretary of State, in con6 sultation with the Secretary of Homeland Secu7 rity. 

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

9 Secretary of State, in coordination with the Secretary 

10 of Homeland Security, shall ensure that any alien 

11 who is a national or habitual resident of a country 

12 in which a refugee application and processing center 

13 is located, or a country contiguous to such a country, 

14 may apply for refugee status at a refugee application 

15 and processing center. 

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

17 An application for refugee status submitted to a ref18 ugee application and processing center shall be adju19 dicated by a refugee officer. 

20 ‘‘(5) PRIORITY.—The Secretary of State shall en21 sure that refugee application and processing centers 

22 accord priority to applications submitted— 

23 ‘‘(A) by aliens who have been referred by an 

24 authorized nongovernmental organization, as de25 termined by the Secretary of State; 


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

2 on which such referral is made; and 

3 ‘‘(C) in accordance with the requirements 

4 and procedures established by the Secretary of 

5 State under this subsection. 

6 ‘‘(6) NUMBER OF REFERRALS AND GRANTS OF

7 ADMISSION FOR REFUGEES.—The admission to the 

8 United States of refugees under this subsection shall 

9 be subject to the limitations, including the numerical 

10 limitations, under this section. 

11 ‘‘(7) APPLICATION FEES.— 

12 ‘‘(A) IN GENERAL.—The Secretary of State 

13 and the Secretary of Homeland Security shall 

14 charge, collect, and account for fees prescribed by 

15 each such Secretary pursuant to subsections (m) 

16 and (n) of section 286 and section 9701 of title 

17 31, United States Code, for the purpose of receiv18 ing, docketing, processing, and adjudicating an 

19 application under this subsection. 

20 ‘‘(B) BASIS FOR FEES.—The fees prescribed 

21 under subparagraph (A) shall be based on a con22 sideration of the amount necessary to deter frivo23 lous applications and the cost for processing the 

24 application, including the implementation of 

25 program integrity and anti-fraud measures.’’. 


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

2 shall cease to be effective beginning on the date that is three 

3 years and 240 days after the date of the enactment of this 

4 Act. 

5 SEC. 5. REGULATIONS. 

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

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

8 enactment of this Act, the Secretary of Homeland Security 

9 and the Attorney General shall, jointly or separately, pub10 lish in the Federal Register interim final rules to imple11 ment the amendments made by section 3(c) and section 4. 

12 SEC. 6. HIRING AUTHORITY. 

13 (a) IMMIGRATION JUDGES.—The Attorney General 

14 shall increase— 

15 (1) the number of immigration judges by not 

16 fewer than an additional 500 judges, as compared to 

17 the number of immigration judges as of the date of 

18 the enactment of this Act; and 

19 (2) the corresponding number of support staff, as 

20 necessary. 

21 (b) IMMIGRATION AND CUSTOMS ENFORCEMENT AT22 TORNEYS.—The Director of U.S. Immigration and Customs 

23 Enforcement shall increase the number of attorneys and 

24 staff employed by U.S. Immigration and Customs Enforce25 ment by the number that is consistent with the workload 


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1 staffing model to support the increase in immigration 

2 judges. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated such sums as may be nec5 essary for— 

6 (1) the hiring of immigration judges, support 

7 staff, and U.S. Immigration and Customs Enforce8 ment attorneys under this section; and 

9 (2) the lease, purchase, or construction of facili10 ties or equipment (including video teleconferencing 

11 equipment and equipment for electronic filing of im12 migration cases), and the transfer of federally owned 

13 temporary housing units to serve as facilities, for— 

14 (A) the increased number of immigration 

15 judges, attorneys, and support staff under this 

16 section; and 

17 (B) conducting immigration court pro18 ceedings in close proximity to the locations at 

19 which aliens are apprehended and detained. 


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Calendar No. 181 

116TH CONGRESS 

1ST SESSION S. 1494 

A BILL 

To amend the William Wilberforce Trafficking Vicfor other purposes. processing centers outside the United States, and lum system and establish refugee application and tion and Nationality Act to end abuse of the asy- protect alien minors and to amend the Immigra- tims Protection Reauthorization Act of 2008 to 

AUGUST 16, 2019 

Reported with an amendment 


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