II 

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 introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

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

Act to end abuse of the asylum system and establish 

refugee application and processing centers outside the 

United States, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Act of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1494 IS

1 SEC. 2. PROTECTION OF MINORS. 

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

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

5 adding at the end the following: 

6 ‘‘(j) PROMOTING FAMILY UNITY.— 

7 ‘‘(1) DETENTION OF ALIEN MINORS.— 

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

9 other provision of law, judicial determination, 

10 consent decree, or settlement agreement, the 

11 Secretary of Homeland Security may detain any 

12 alien minor (other than an unaccompanied alien 

13 child) who is removable from the United States 

14 under section 237 of the Immigration and Na15 tionality Act (8 U.S.C. 1227) for not more than 

16 100 days pending the completion of removal 

17 proceedings, regardless of whether the alien 

18 minor was previously an unaccompanied alien 

19 child. 

20 ‘‘(B) PRIORITY REMOVAL CASES.—The Di21 rector of the Executive Office for Immigration 

22 Review shall— 

23 ‘‘(i) prioritize the removal proceedings 

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


kjohnson on DSK79L0C42 with BILLS
3 

•S 1494 IS

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

2 more than 100 days for such proceedings. 

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

5 alien minor described in subparagraph (A)— 

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

8 the Immigration and Nationality Act (8 

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

10 1231) and implementing regulations or 

11 policies; and 

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

16 or release alien minors. 

17 ‘‘(2) CONDITIONS OF DETENTION.— 

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

19 other provision of law, judicial determination, 

20 consent decree, or settlement agreement, the 

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

23 conditions of detention applicable to an alien 

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


kjohnson on DSK79L0C42 with BILLS
4 

•S 1494 IS

1 of whether the alien minor was previously an 

2 unaccompanied alien child. 

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

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

7 this section— 

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

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

11 a claim arising under the Constitution of the 

12 United States. 

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

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

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

20 guardians of such children, that is located in the 

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

22 subdivision thereof. 

23 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated such sums 

25 as may be necessary to carry out this subsection. 


kjohnson on DSK79L0C42 with BILLS
5 

•S 1494 IS

1 ‘‘(k) APPLICABILITY OF CONSENT DECREES, SET2 TLEMENTS, AND JUDICIAL DETERMINATIONS.— 

3 ‘‘(1) FLORES SETTLEMENT AGREEMENT INAP4 PLICABLE.—Conduct and activity that was, before 

5 the date of the enactment of this subsection, subject 

6 to a restriction or an obligation imposed by the stip7 ulated settlement agreement filed on January 17, 

8 1997, in the United States District Court for the 

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

10 85–4544–RJK) (commonly known as the ‘Flores 

11 settlement agreement’), including any modification 

12 of and any judicial determination based on such 

13 agreement— 

14 ‘‘(A) shall not be subject to such restric15 tion or obligation; and 

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

17 and obligations under this Act. 

18 ‘‘(2) OTHER SETTLEMENT AGREEMENTS OR

19 CONSENT DECREES.—Any settlement agreement or 

20 consent decree relating to the conditions of detention 

21 of an alien child shall be consistent with subsection 

22 (j).’’. 

23 (b) SAFE AND PROMPT RETURN OF UNACCOM24 PANIED ALIEN CHILDREN.—Section 235(a) of the WilVerDate Sep 11 2014 03:42 May 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.IS S1494

kjohnson on DSK79L0C42 with BILLS
6 

•S 1494 IS

1 liam Wilberforce Trafficking Victims Protection Reauthor2 ization Act of 2008 (8 U.S.C. 1232(a)) is amended— 

3 (1) in paragraph (2)— 

4 (A) by amending the paragraph heading to 

5 read as follows: ‘‘RULES FOR REPATRIATING

6 UNACCOMPANIED ALIEN CHILDREN’’; 

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

8 preceding clause (i), by striking ‘‘who is a na9 tional or habitual resident of a country that is 

10 contiguous with the United States shall be 

11 treated in accordance with subparagraph (B)’’ 

12 and inserting ‘‘shall be treated in accordance 

13 with this paragraph or subsection (b), as appli14 cable’’; 

15 (C) in subparagraph (B)— 

16 (i) by redesignating clauses (i) and 

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

18 the subclauses two ems to the right; 

19 (ii) in the matter preceding subclause 

20 (I), as so redesignated, by striking ‘‘An im21 migration officer’’ and inserting the fol22 lowing: 

23 ‘‘(i) IN GENERAL.—An immigration 

24 officer’’; and 


kjohnson on DSK79L0C42 with BILLS
7 

•S 1494 IS

1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(ii) CHILDREN UNABLE TO MAKE

4 DECISIONS WITH RESPECT TO WITH5 DRAWAL OF APPLICATIONS FOR ADMIS6 SION.—If at the time of initial apprehen7 sion, an immigration officer determines, in 

8 the sole and unreviewable discretion of the 

9 immigration officer, that an unaccom10 panied alien child is not able to make an 

11 independent decision with respect to the 

12 withdrawal of his or her application for ad13 mission to the United States, the immigra14 tion officer shall refer the unaccompanied 

15 alien child for removal proceedings under 

16 section 240 of the Immigration and Na17 tionality Act (8 U.S.C. 1229a). 

18 ‘‘(iii) CHILDREN ABLE TO MAKE DECI19 SIONS WITH RESPECT TO WITHDRAWAL OF

20 APPLICATIONS FOR ADMISSION.— 

21 ‘‘(I) IN GENERAL.—Except as 

22 described in subclause (III)(aa), not23 withstanding any other provision of 

24 law that requires removal proceedings 

25 under section 240 of the Immigration 


kjohnson on DSK79L0C42 with BILLS
8 

•S 1494 IS

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

2 including subparagraph (D) and sec3 tion 235 of the Immigration and Na4 tionality Act (8 U.S.C. 1225), in the 

5 case of an unaccompanied alien child 

6 who is able to make an independent 

7 decision with respect to the with8 drawal of his or her application for 

9 admission to the United States, as de10 termined by an immigration officer at 

11 the time of initial apprehension, and 

12 does not wish to withdraw such appli13 cation, the immigration officer shall— 

14 ‘‘(aa) make a record of any 

15 finding of inadmissibility or de16 portability, which shall be the 

17 basis of a repatriation order; and 

18 ‘‘(bb) refer the unaccom19 panied alien child for an inter20 view under subclause (II) to de21 termine whether it is more likely 

22 than not that the unaccompanied 

23 alien child— 

24 ‘‘(AA) will be subjected 

25 to trafficking on return to 


kjohnson on DSK79L0C42 with BILLS
9 

•S 1494 IS

1 his or her country of nation2 ality or last habitual resi3 dence; and 

4 ‘‘(BB) would be grant5 ed asylum under section 208 

6 of the Immigration and Na7 tionality Act (8 U.S.C. 

8 1158), withholding of re9 moval under section 

10 241(b)(3) of that Act (8 

11 U.S.C. 1231(b)(3)), or pro12 tection under the Convention 

13 Against Torture and Other 

14 Cruel, Inhuman or Degrad15 ing Treatment or Punish16 ment, done at New York, 

17 December 10, 1984 (re18 ferred to in this clause as 

19 the ‘Convention Against 

20 Torture’). 

21 ‘‘(II) INTERVIEW.— 

22 ‘‘(aa) IN GENERAL.—An 

23 interview under subclause (I)(bb) 

24 shall be conducted by an immiVerDate Sep 11 2014 03:42 May 25, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.IS S1494

kjohnson on DSK79L0C42 with BILLS
10 

•S 1494 IS

1 gration officer with specialized 

2 training relating to— 

3 ‘‘(AA) applicable law; 

4 ‘‘(BB) interviewing 

5 children; and 

6 ‘‘(CC) child trafficking. 

7 ‘‘(III) DETERMINATIONS BASED

8 ON INTERVIEW.— 

9 ‘‘(aa) REMOVAL PRO10 CEEDINGS.—An unaccompanied 

11 alien child described in subclause 

12 (I) shall be referred for removal 

13 proceedings under section 240 of 

14 the Immigration and Nationality 

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

16 on an interview under item (bb) 

17 of that subclause, the immigra18 tion officer makes a determina19 tion that it is more likely than 

20 not that the unaccompanied alien 

21 child will be trafficked on return 

22 to his or her country of nation23 ality or last habitual residence. 

24 ‘‘(bb) ASYLUM ONLY DETER25 MINATIONS.— 


kjohnson on DSK79L0C42 with BILLS
11 

•S 1494 IS

1 ‘‘(AA) IN GENERAL.— 

2 If, based on an interview 

3 under subclause (I)(bb), the 

4 immigration officer makes a 

5 determination that it is 

6 more likely than not that the 

7 claim of an unaccompanied 

8 alien child for asylum under 

9 section 208 of the Immigra10 tion and Nationality Act (8 

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

12 removal under section 

13 241(b)(3) of that Act (8 

14 U.S.C. 1231(b)(3)), or pro15 tection under the Convention 

16 Against Torture will be 

17 granted, the unaccompanied 

18 alien child shall be referred 

19 to an immigration judge 

20 solely for a determination 

21 with respect to whether the 

22 unaccompanied alien child is 

23 eligible for asylum under 

24 section 208 of that Act (8 

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


kjohnson on DSK79L0C42 with BILLS
12 

•S 1494 IS

1 removal under section 

2 241(b)(3) of that Act (8 

3 U.S.C. 1231(b)(3)), or pro4 tection under the Convention 

5 Against Torture and, if oth6 erwise eligible for asylum, 

7 whether asylum shall be 

8 granted in the exercise of 

9 discretion. 

10 ‘‘(BB) REPATRI11 ATION.—An unaccompanied 

12 alien child referred to an im13 migration judge under 

14 subitem (AA) shall be re15 turned to his or her country 

16 of nationality or last habit17 ual residence if the immigra18 tion judge finds that the un19 accompanied alien child is 

20 not entitled to asylum, with21 holding of removal, or pro22 tection under the Convention 

23 Against Torture. 

24 ‘‘(IV) DISCRETION OF IMMIGRA25 TION OFFICER; NO JUDICIAL REVerDate Sep 11 2014 03:42 May 25, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.IS S1494

kjohnson on DSK79L0C42 with BILLS
13 

•S 1494 IS

1 VIEW.—A decision of an immigration 

2 officer under this clause, and the 

3 issuance of a repatriation order, shall 

4 be in the sole, unreviewable discretion 

5 of the immigration officer. 

6 ‘‘(iv) DETENTION DURING PRO7 CEEDINGS.— 

8 ‘‘(I) IN GENERAL.—Except as 

9 provided in subclause (II), notwith10 standing any other provision of law, 

11 settlement agreement, or consent de12 cree, an unaccompanied alien child 

13 shall not be released from the custody 

14 of the Secretary of Homeland Security 

15 or the Director of the Office of Ref16 ugee Resettlement during the pend17 ency of the immigration or removal 

18 proceedings of the unaccompanied 

19 alien child. 

20 ‘‘(II) EXCEPTION.—An unaccom21 panied alien child may be released in 

22 the sole, unreviewable discretion of 

23 the Director of the Office of Refugee 

24 Resettlement.’’; and 

25 (D) in subparagraph (C)— 


kjohnson on DSK79L0C42 with BILLS
14 

•S 1494 IS

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 Sec9 retary 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: 


kjohnson on DSK79L0C42 with BILLS
15 

•S 1494 IS

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

3 under this subparagraph if the reuni4 fication of the alien with any parent 

5 or legal guardian of the alien is not 

6 precluded by abuse, neglect, abandon7 ment, or any similar cause under 

8 State law; and 

9 ‘‘(IV)(aa) in assessing whether 

10 an alien is entitled to special immi11 grant juvenile status under this sub12 paragraph, the Secretary of Homeland 

13 Security shall determine whether an 

14 order of dependency issued for pur15 poses of clause (i) was issued by an 

16 appropriate court with appropriate ju17 risdiction; and 

18 ‘‘(bb) notwithstanding any other 

19 provision of law, no court shall have 

20 jurisdiction to review a determination 

21 made by the Secretary of Homeland 

22 Security under this subclause;’’. 

23 SEC. 3. ENDING ABUSE OF ASYLUM SYSTEM. 

24 (a) STANDARDS TO DETER FRAUD AND ADVANCE

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


kjohnson on DSK79L0C42 with BILLS
16 

•S 1494 IS

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

2 1225(b)(1)(B)) is amended— 

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

4 ‘‘(v) CREDIBLE FEAR OF PERSECU5 TION.— 

6 ‘‘(I) IN GENERAL.—For purposes 

7 of this subparagraph, the term ‘cred8 ible fear of persecution’ means that it 

9 is more likely than not that the alien 

10 would be able to establish eligibility 

11 for asylum under section 208— 

12 ‘‘(aa) taking into account 

13 such facts as are known to the 

14 officer; and 

15 ‘‘(bb) only if the officer has 

16 determined, under subsection 

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

18 that it is more likely than not 

19 that the statements made by the 

20 alien or on behalf of the alien are 

21 true. 

22 ‘‘(II) BARS TO ASYLUM.—An 

23 alien shall not be determined to have 

24 a credible fear of persecution if the 

25 alien is prohibited from applying for 


kjohnson on DSK79L0C42 with BILLS
17 

•S 1494 IS

1 or receiving asylum, including an alien 

2 subject to a limitation or condition 

3 under subsection (a)(2) or (b)(2) (in4 cluding a regulation promulgated 

5 under such subsection) of section 

6 208.’’; and 

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

8 ‘‘(vi) ELIGIBILITY FOR RELIEF.— 

9 ‘‘(I) CREDIBLE FEAR REVIEW BY

10 IMMIGRATION JUDGE.—An alien de11 termined to have a credible fear of 

12 persecution shall be referred to an im13 migration judge for review of such de14 termination, which shall be limited to 

15 a determination whether the alien— 

16 ‘‘(aa) is eligible for asylum 

17 under section 208, withholding of 

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

19 or protection under the Conven20 tion Against Torture and Other 

21 Cruel, Inhuman or Degrading 

22 Treatment or Punishment, done 

23 at New York, December 10, 1984 

24 (referred to in this clause as the 


kjohnson on DSK79L0C42 with BILLS
18 

•S 1494 IS

1 ‘Convention Against Torture)’; 

2 and 

3 ‘‘(bb) merits a grant of asy4 lum in the exercise of discretion. 

5 ‘‘(II) ALIENS WITH REASONABLE

6 FEAR OF PERSECUTION.— 

7 ‘‘(aa) IN GENERAL.—Except 

8 as provided in item (bb), if an 

9 alien referred under subpara10 graph (A)(ii) is determined to 

11 have a reasonable fear of perse12 cution, the alien shall be eligible 

13 only for consideration of an ap14 plication for withholding of re15 moval under section 241(b)(3) or 

16 protection under the Convention 

17 Against Torture. 

18 ‘‘(bb) EXCEPTION.—An 

19 alien shall not be eligible for con20 sideration of an application for 

21 relief under item (aa) if the fail22 ure of the alien to establish a 

23 credible fear of persecution pre24 cludes the alien from eligibility 

25 for such relief. 


kjohnson on DSK79L0C42 with BILLS
19 

•S 1494 IS

1 ‘‘(cc) LIMITATION.—An 

2 alien whose application for relief 

3 is adjudicated under item (aa) 

4 shall not be eligible for any other 

5 form of relief or protection from 

6 removal. 

7 ‘‘(vii) INELIGIBILITY FOR REMOVAL

8 PROCEEDINGS.—An alien referred under 

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

10 for a hearing under section 240.’’. 

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

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

13 amended— 

14 (1) in subsection (a)— 

15 (A) by striking paragraph (1) and insert16 ing the following: 

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

18 the United States through a designated port of entry 

19 may apply for asylum under this section or section 

20 235(b), as applicable.’’; and 

21 (B) in paragraph (2)(E), by striking ‘‘Sub22 paragraphs (A) and (B)’’ and inserting ‘‘Sub23 paragraph (A)’’; and 

24 (2) in subsection (b)(3), by striking subpara25 graph (C). 


kjohnson on DSK79L0C42 with BILLS
20 

•S 1494 IS

1 (c) AUTHORITY FOR CERTAIN ALIENS TO APPLY FOR

2 ASYLUM.—Section 208(a)(2) of the Immigration and Na3 tionality Act (8 U.S.C. 1158(a)(2)) is amended by adding 

4 at the end the following: 

5 ‘‘(F) INELIGIBILITY FOR ASYLUM.— 

6 ‘‘(i) IN GENERAL.—Notwithstanding 

7 any other provision of law, including para8 graph (1), except as provided in clause (ii), 

9 an alien is ineligible for asylum if the 

10 alien— 

11 ‘‘(I) has been convicted of a fel12 ony; 

13 ‘‘(II) is inadmissible under sec14 tion 212(a) (except paragraphs (4), 

15 (5), and (7)); 

16 ‘‘(III) has been previously re17 moved from the United States; or 

18 ‘‘(IV) is a national or habitual 

19 resident of— 

20 ‘‘(aa) a country that has a 

21 refugee application and proc22 essing center; or 

23 ‘‘(bb) a country contiguous 

24 to such a country. 


kjohnson on DSK79L0C42 with BILLS
21 

•S 1494 IS

1 ‘‘(ii) EXCEPTION.—Notwithstanding 

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

3 alien who is present in the United States 

4 on the date of the enactment of this sub5 paragraph.’’. 

6 SEC. 4. ESTABLISHMENT OF REFUGEE APPLICATION AND 

7 PROCESSING CENTERS. 

8 (1) DEFINITION.—Section 101(a) of the Immi9 gration and Nationality Act (8 U.S.C. 1101(a)) is 

10 amended by adding at the end the following: 

11 ‘‘(53) The term ‘refugee application and proc12 essing center’— 

13 ‘‘(A) means a facility designated under sec14 tion 207(g) by the Secretary of State to accept 

15 and process applications for refugee admissions 

16 to the United States; and 

17 ‘‘(B) may include a United States em18 bassy, consulate, or other diplomatic facility.’’. 

19 (2) DESIGNATION.—Section 207 of the Immi20 gration and Nationality Act (8 U.S.C. 1157) is 

21 amended by adding at the end the following: 

22 ‘‘(g) REFUGEE APPLICATION AND PROCESSING CEN23 TERS.— 

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

25 after the date of the enactment of this subsection, 


kjohnson on DSK79L0C42 with BILLS
22 

•S 1494 IS

1 the Secretary of State, in consultation with the Sec2 retary of Homeland Security, shall designate refugee 

3 application and processing centers outside the 

4 United States. 

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

6 establish— 

7 ‘‘(A) 1 refugee application and processing 

8 center in Mexico; and 

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

10 and processing centers in Central America at 

11 locations selected by the Secretary of State, in 

12 consultation with the Secretary of Homeland 

13 Security. 

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

15 Secretary of State, in coordination with the Sec16 retary of Homeland Security, shall ensure that any 

17 alien who is a national or habitual resident of a 

18 country in which a refugee application and proc19 essing center is located, or a country contiguous to 

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

21 refugee application and processing center. 

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

23 An application for refugee status submitted to a ref24 ugee application and processing center shall be adju25 dicated by a refugee officer. 


kjohnson on DSK79L0C42 with BILLS
23 

•S 1494 IS

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

2 ensure that refugee application and processing cen3 ters accord priority to applications submitted— 

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

5 an authorized nongovernmental organization, as 

6 determined by the Secretary of State; 

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

8 on which such referral is made; and 

9 ‘‘(C) in accordance with the requirements 

10 and procedures established by the Secretary of 

11 State under this subsection. 

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

13 ADMISSION FOR REFUGEES.—The admission to the 

14 United States of refugees under this subsection shall 

15 be subject to the limitations, including the numerical 

16 limitations, under this section. 

17 ‘‘(7) APPLICATION FEES.— 

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

19 State and the Secretary of Homeland Security 

20 shall charge, collect, and account for fees pre21 scribed by each such Secretary pursuant to sec22 tion 9701 of title 31, United States Code, for 

23 the purpose of receiving, docketing, processing, 

24 and adjudicating an application under this sub25 section. 


kjohnson on DSK79L0C42 with BILLS
24 

•S 1494 IS

1 ‘‘(B) BASIS FOR FEES.—The fees pre2 scribed under subparagraph (A) shall be based 

3 on a consideration of the amount necessary to 

4 deter frivolous applications and the cost for 

5 processing the application, including the imple6 mentation of program integrity and anti-fraud 

7 measures.’’. 

8 SEC. 5. REGULATIONS. 

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

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

11 the enactment of this Act, the Secretary of Homeland Se12 curity and the Attorney General shall, jointly or sepa13 rately, publish in the Federal Register interim final rules 

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

15 section 4. 

16 SEC. 6. HIRING AUTHORITY. 

17 (a) IMMIGRATION JUDGES.—The Attorney General 

18 shall increase— 

19 (1) the number of immigration judges by not 

20 fewer than an additional 500 judges, as compared to 

21 the number of immigration judges as of the date of 

22 the enactment of this Act; and 

23 (2) the corresponding number of support staff, 

24 as necessary. 


kjohnson on DSK79L0C42 with BILLS
25 

•S 1494 IS

1 (b) IMMIGRATION AND CUSTOMS ENFORCEMENT AT2 TORNEYS.—The Director of U.S. Immigration and Cus3 toms Enforcement shall increase the number of attorneys 

4 and staff employed by U.S. Immigration and Customs En5 forcement by the number that is consistent with the work6 load staffing model to support the increase in immigration 

7 judges. 

Æ 


kjohnson on DSK79L0C42 with BILLS