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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5137 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5137

  To modify the treatment of unaccompanied alien children who are in 
 Federal custody by reason of their immigration status, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2014

   Mr. Chaffetz (for himself, Mr. Goodlatte, Mr. Smith of Texas, Mr. 
 Chabot, and Mr. Farenthold) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
  Committees on Foreign Affairs, Agriculture, Natural Resources, and 
 Homeland Security, 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 modify the treatment of unaccompanied alien children who are in 
 Federal custody by reason of their immigration status, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Asylum Reform and Border Protection 
Act of 2014''.

SEC. 2. SAFE REMOVAL OF MINORS.

    (a) Country Agreements.--Section 235(a)(2) of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 
(8 U.S.C. 1232(a)(2)) is amended to read as follows:
            ``(2) Country agreements.--The Secretary of State shall 
        negotiate agreements between the United States and other 
        countries with respect to the repatriation of children. Such 
        agreements shall be designed to protect children from severe 
        forms of trafficking in persons, and shall, at a minimum, 
        provide that--
                    ``(A) no child shall be returned to the child's 
                country of nationality or of last habitual residence 
                unless returned to appropriate employees or officials, 
                including child welfare officials where available, of 
                the accepting country's government;
                    ``(B) no child shall be returned to the child's 
                country of nationality or of last habitual residence 
                outside of reasonable business hours; and
                    ``(C) border personnel of the countries that are 
                parties to such agreements are trained in the terms of 
                such agreements.''.
    (b) Repeals.--Section 235(a) of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is 
amended--
            (1) by striking paragraphs (3) and (4);
            (2) by striking paragraph (5)(D); and
            (3) by redesignating paragraph (5) as paragraph (3).
    (c) Screening of Applicants for Admission.--Section 235(b)(1)(A)(i) 
of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)(i)) is 
amended by striking ``(other than an alien described in subparagraph 
(F))'' and inserting ``(including a child, whether or not the child is 
an unaccompanied alien child (as defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g))), but not including an 
alien described in subparagraph (F))''.

SEC. 3. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL.

    Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) 
is amended--
            (1) by striking ``(at no expense to the Government)''; and
            (2) by adding at the end the following:
``Notwithstanding any other provision of law, in no instance shall the 
Government bear any expense for counsel for any person in removal 
proceedings or in any appeal proceedings before the Attorney General 
from any such removal proceedings.''.

SEC. 4. SPECIAL IMMIGRANT JUVENILE VISAS.

    Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``and whose 
reunification with 1 or both of the immigrant's parents is not viable 
due'' and inserting ``and who cannot be reunified with either of the 
immigrant's parents due''.

SEC. 5. CREDIBLE FEAR INTERVIEWS.

    Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``208.'' and inserting 
``208, and it is more probable than not that the statements made by the 
alien in support of the alien's claim are true.''.

SEC. 6. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.

    (a) In General.--The Secretary of Homeland Security shall establish 
quality assurance procedures and take steps to effectively ensure that 
questions by employees of the Department of Homeland Security 
exercising expedited removal authority under section 235(b) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a 
uniform manner, and that both these questions and the answers provided 
in response to them are recorded in a uniform fashion.
    (b) Factors Relating to Sworn Statements.--Where practicable, any 
sworn or signed written statement taken of an alien as part of the 
record of a proceeding under section 235(b)(1)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a 
recording of the interview which served as the basis for that sworn 
statement.
    (c) Interpreters.--The Secretary shall ensure that a competent 
interpreter, not affiliated with the government of the country from 
which the alien may claim asylum, is used when the interviewing officer 
does not speak a language understood by the alien and there is no other 
Federal, State, or local government employee available who is able to 
interpret effectively, accurately, and impartially.
    (d) Recordings in Immigration Proceedings.--Recordings of 
interviews of aliens subject to expedited removal shall be included in 
the record of proceeding and shall be considered as evidence in any 
further proceedings involving the alien.
    (e) No Private Right of Action.--Nothing in this section shall be 
construed to create any right, benefit, trust, or responsibility, 
whether substantive or procedural, enforceable in law or equity by a 
party against the United States, its departments, agencies, 
instrumentalities, entities, officers, employees, or agents, or any 
person, nor does this section create any right of review in any 
administrative, judicial, or other proceeding.

SEC. 7. PAROLE REFORM.

    (a) In General.--Paragraph (5) of section 212(d) (8 U.S.C. 1182(d)) 
is amended to read as follows:
            ``(5) Humanitarian and public interest parole.--
                    ``(A) In general.--Subject to the provisions of 
                this paragraph and section 214(f)(2), the Secretary of 
                Homeland Security, in the sole discretion of the 
                Secretary of Homeland Security, may on a case-by-case 
                basis parole an alien into the United States 
                temporarily, under such conditions as the Secretary of 
                Homeland Security may prescribe, only--
                            ``(i) for an urgent humanitarian reason (as 
                        described under subparagraph (B)); or
                            ``(ii) for a reason deemed strictly in the 
                        public interest (as described under 
                        subparagraph (C)).
                    ``(B) Humanitarian parole.--The Secretary of 
                Homeland Security may parole an alien based on an 
                urgent humanitarian reason described in this 
                subparagraph only if--
                            ``(i) the alien has a medical emergency and 
                        the alien cannot obtain necessary treatment in 
                        the foreign state in which the alien is 
                        residing or the medical emergency is life-
                        threatening and there is insufficient time for 
                        the alien to be admitted through the normal 
                        visa process;
                            ``(ii) the alien is needed in the United 
                        States in order to donate an organ or other 
                        tissue for transplant into a close family 
                        member; or
                            ``(iii) the alien has a close family member 
                        in the United States whose death is imminent 
                        and the alien could not arrive in the United 
                        States in time to see such family member alive 
                        if the alien were to be admitted through the 
                        normal visa process.
                    ``(C) Public interest parole.--The Secretary of 
                Homeland Security may parole an alien based on a reason 
                deemed strictly in the public interest described in 
                this subparagraph only if the alien has assisted the 
                United States Government in a matter, such as a 
                criminal investigation, espionage, or other similar law 
                enforcement activity, and either the alien's presence 
                in the United States is required by the Government or 
                the alien's life would be threatened if the alien were 
                not permitted to come to the United States.
                    ``(D) Limitation on the use of parole authority.--
                The Secretary of Homeland Security may not use the 
                parole authority under this paragraph to permit to come 
                to the United States aliens who have applied for and 
                have been found to be ineligible for refugee status or 
                any alien to whom the provisions of this paragraph do 
                not apply.
                    ``(E) Parole not an admission.--Parole of an alien 
                under this paragraph shall not be considered an 
                admission of the alien into the United States. When the 
                purposes of the parole of an alien have been served, as 
                determined by the Secretary of Homeland Security, the 
                alien shall immediately return or be returned to the 
                custody from which the alien was paroled and the alien 
                shall be considered for admission to the United States 
                on the same basis as other similarly situated 
                applicants for admission.
                    ``(F) Report to congress.--Not later than 90 days 
                after the end of each fiscal year, the Secretary of 
                Homeland Security shall submit a report to the 
                Committees on the Judiciary of the House of 
                Representatives and the Senate describing the number 
                and categories of aliens paroled into the United States 
                under this paragraph. Each such report shall contain 
                information and data concerning the number and 
                categories of aliens paroled, the duration of parole, 
                and the current status of aliens paroled during the 
                preceding fiscal year.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the first day of the first month beginning more than 60 
days after the date of the enactment of this Act.

SEC. 8. REPORT TO CONGRESS ON PAROLE PROCEDURES AND STANDARDIZATION OF 
              PAROLE PROCEDURES.

    (a) In General.--The Attorney General and the Secretary of Homeland 
Security shall jointly conduct a review, and report to the Judiciary 
Committees of the House of Representatives and the Senate, not later 
than 180 days after the date of the enactment of this Act, and annually 
thereafter, regarding the effectiveness of parole and custody 
determination procedures applicable to aliens who have established a 
credible fear of persecution and are awaiting a final determination 
regarding their asylum claim by the immigration courts. The report 
shall include the following:
            (1) An analysis of the rate at which release from detention 
        (including release on parole) is granted to aliens who have 
        established a credible fear of persecution and are awaiting a 
        final determination regarding their asylum claim by the 
        immigration courts throughout the United States, and any 
        disparity that exists between locations or geographical areas, 
        including explanation of the reasons for this disparity and 
        what actions are being taken to have consistent and uniform 
        application of the standards for granting parole.
            (2) An analysis of the effect of the procedures and 
        policies applied with respect to parole and custody 
        determinations both by the Attorney General and the Secretary 
        on the alien's pursuit of their asylum claim before an 
        immigration court.
            (3) An analysis of the effectiveness of the procedures and 
        policies applied with respect to parole and custody 
        determinations both by the Attorney General and the Secretary 
        in securing the alien's presence at the immigration court 
        proceedings.
    (b) Recommendations.--The report should include recommendations 
with respect to whether the existing parole and custody determination 
procedures applicable to aliens who have established a credible fear of 
persecution and are awaiting a final determination regarding their 
asylum claim by the immigration courts both respect the interests of 
aliens and ensure the presence of the aliens at the immigration court 
proceedings. The report should include an assessment on corresponding 
failure to appear rates, inabsentia orders, and absconders.

SEC. 9. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG 
              MEMBERS.

    (a) Definition of Gang Member.--Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end 
the following:
    ``(53)(A) The term `criminal gang' means an ongoing group, club, 
organization, or association of 5 or more persons that has as one of 
its primary purposes the commission of 1 or more of the following 
criminal offenses and the members of which engage, or have engaged 
within the past 5 years, in a continuing series of such offenses, or 
that has been designated as a criminal gang by the Secretary of 
Homeland Security, in consultation with the Attorney General, as 
meeting these criteria. The offenses described, whether in violation of 
Federal or State law or foreign law and regardless of whether the 
offenses occurred before, on, or after the date of the enactment of 
this paragraph, are the following:
            ``(i) A `felony drug offense' (as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802)).
            ``(ii) An offense under section 274 (relating to bringing 
        in and harboring certain aliens), section 277 (relating to 
        aiding or assisting certain aliens to enter the United States), 
        or section 278 (relating to importation of alien for immoral 
        purpose).
            ``(iii) A crime of violence (as defined in section 16 of 
        title 18, United States Code).
            ``(iv) A crime involving obstruction of justice, tampering 
        with or retaliating against a witness, victim, or informant, or 
        burglary.
            ``(v) Any conduct punishable under sections 1028 and 1029 
        of title 18, United States Code (relating to fraud and related 
        activity in connection with identification documents or access 
        devices), sections 1581 through 1594 of such title (relating to 
        peonage, slavery and trafficking in persons), section 1952 of 
        such title (relating to interstate and foreign travel or 
        transportation in aid of racketeering enterprises), section 
        1956 of such title (relating to the laundering of monetary 
        instruments), section 1957 of such title (relating to engaging 
        in monetary transactions in property derived from specified 
        unlawful activity), or sections 2312 through 2315 of such title 
        (relating to interstate transportation of stolen motor vehicles 
        or stolen property).
            ``(vi) A conspiracy to commit an offense described in 
        clauses (i) through (v).
    ``(B) Notwithstanding any other provision of law (including any 
effective date), the term applies regardless of whether the conduct 
occurred before, on, or after the date of the enactment of this 
paragraph.''.
    (b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C. 
1182(a)(2)) is amended by adding at the end the following:
                    ``(J) Aliens associated with criminal gangs.--Any 
                alien is inadmissible who a consular officer, the 
                Secretary of Homeland Security, or the Attorney General 
                knows or has reason to believe--
                            ``(i) to be or to have been a member of a 
                        criminal gang (as defined in section 
                        101(a)(53)); or
                            ``(ii) to have participated in the 
                        activities of a criminal gang (as defined in 
                        section 101(a)(53)), knowing or having reason 
                        to know that such activities will promote, 
                        further, aid, or support the illegal activity 
                        of the criminal gang.''.
    (c) Deportability.--Section 237(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following:
                    ``(G) Aliens associated with criminal gangs.--Any 
                alien is deportable who the Secretary of Homeland 
                Security or the Attorney General knows or has reason to 
                believe--
                            ``(i) is or has been a member of a criminal 
                        gang (as defined in section 101(a)(53)); or
                            ``(ii) has participated in the activities 
                        of a criminal gang (as so defined), knowing or 
                        having reason to know that such activities will 
                        promote, further, aid, or support the illegal 
                        activity of the criminal gang.''.
    (d) Designation.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
        inserting after section 219 the following:

                             ``designation

    ``Sec. 220.  (a) In General.--The Secretary of Homeland Security, 
in consultation with the Attorney General, and the Secretary of State 
may designate a group or association as a criminal street gang if their 
conduct is described in section 101(a)(53) or if the group or 
association conduct poses a significant risk that threatens the 
security and the public safety of United States nationals or the 
national security, homeland security, foreign policy, or economy of the 
United States.
    ``(b) Effective Date.--Designations under subsection (a) shall 
remain in effect until the designation is revoked after consultation 
between the Secretary of Homeland Security, the Attorney General, and 
the Secretary of State or is terminated in accordance with Federal 
law.''.
            (2) Clerical amendment.--The table of contents for such Act 
        is amended by inserting after the item relating to section 219 
        the following:

``220. Designation.''.
    (e) Mandatory Detention of Criminal Street Gang Members.--
            (1) In general.--Section 236(c)(1)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
                    (A) by inserting ``or 212(a)(2)(J)'' after 
                ``212(a)(3)(B)''; and
                    (B) by inserting ``237(a)(2)(G) or'' before 
                ``237(a)(4)(B)''.
            (2) Annual report.--Not later than March 1 of each year 
        (beginning 1 year after the date of the enactment of this Act), 
        the Secretary of Homeland Security, after consultation with the 
        appropriate Federal agencies, shall submit a report to the 
        Committees on the Judiciary of the House of Representatives and 
        of the Senate on the number of aliens detained under the 
        amendments made by paragraph (1).
    (f) Asylum Claims Based on Gang Affiliation.--
            (1) Inapplicability of restriction on removal to certain 
        countries.--Section 241(b)(3)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
        matter preceding clause (i), by inserting ``who is described in 
        section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is'' 
        after ``to an alien''.
            (2) Ineligibility for asylum.--Section 208(b)(2)(A) of such 
        Act (8 U.S.C. 1158(b)(2)(A)) is amended--
                    (A) in clause (v), by striking ``or'' at the end;
                    (B) by redesignating clause (vi) as clause (vii); 
                and
                    (C) by inserting after clause (v) the following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(J)(i) or section 237(a)(2)(G)(i) 
                        (relating to participation in criminal street 
                        gangs); or''.
    (g) Temporary Protected Status.--Section 244 of such Act (8 U.S.C. 
1254a) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (c)(2)(B)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) the alien is, or at any time after 
                        admission has been, a member of a criminal gang 
                        (as defined in section 101(a)(53)).''; and
            (3) in subsection (d)--
                    (A) by striking paragraph (3); and
                    (B) in paragraph (4), by adding at the end the 
                following: ``The Secretary of Homeland Security may 
                detain an alien provided temporary protected status 
                under this section whenever appropriate under any other 
                provision of law.''.
    (h) Special Immigrant Juvenile Visas.--Section 101(a)(27)(J)(iii) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii)) 
is amended--
            (1) in subclause (I), by striking ``and'';
            (2) in subclause (II), by inserting ``and'' at the end; and
            (3) by adding at the end the following:
                            ``(III) no alien who is, or was at any time 
                        after admission has been, a member of a 
                        criminal gang (as defined in section 
                        101(a)(53)) shall be eligible for any 
                        immigration benefit under this subparagraph;''.
    (i) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to acts 
that occur before, on, or after the date of the enactment of this Act.

SEC. 10. UNACCOMPANIED ALIEN CHILD DEFINED.

    Section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
279(g)(2)) is amended to read as follows:
            ``(2) The term `unaccompanied alien child'--
                    ``(A) means an alien who--
                            ``(i) has no lawful immigration status in 
                        the United States;
                            ``(ii) has not attained 18 years of age; 
                        and
                            ``(iii) with respect to whom--
                                    ``(I) there is no parent or legal 
                                guardian in the United States;
                                    ``(II) no parent or legal guardian 
                                in the United States is available to 
                                provide care and physical custody; or
                                    ``(III) no sibling over 18 years of 
                                age, aunt, uncle, grandparent, or 
                                cousin over 18 years of age is 
                                available to provide care and physical 
                                custody; except that
                    ``(B) such term shall cease to include an alien if 
                at any time a parent, legal guardian, sibling over 18 
                years of age, aunt, uncle, grandparent, or cousin over 
                18 years of age of the alien is found in the United 
                States and is available to provide care and physical 
                custody (and the Secretary of Homeland Security and the 
                Secretary of Health and Human Services shall revoke 
                accordingly any prior designation of the alien under 
                this paragraph).''.

SEC. 11. MODIFICATIONS TO PREFERENTIAL AVAILABILITY FOR ASYLUM FOR 
              UNACCOMPANIED ALIEN MINORS.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended--
            (1) by striking subsection (a)(2)(E); and
            (2) by striking subsection (b)(3)(C).

SEC. 12. NOTIFICATION AND TRANSFER OF CUSTODY REGARDING UNACCOMPANIED 
              ALIEN MINORS.

    Section 235(b) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) is amended--
            (1) in paragraph (2), by striking ``48 hours'' and 
        inserting ``7 days''; and
            (2) in paragraph (3), by striking ``72 hours'' and 
        inserting ``30 days''.

SEC. 13. INFORMATION SHARING BETWEEN DEPARTMENT OF HEALTH AND HUMAN 
              SERVICES AND DEPARTMENT OF HOMELAND SECURITY.

    Section 235(b) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) is amended by 
adding at the end the following:
            ``(5) Information sharing.--The Secretary of Health and 
        Human Services shall share with the Secretary of Homeland 
        Security any information requested on a child who has been 
        determined to be an unaccompanied alien child and who is or has 
        been in the custody of the Secretary of Health and Human 
        Services, including the location of the child and any person to 
        whom custody of the child has been transferred, for any 
        legitimate law enforcement objective, including enforcement of 
        the immigration laws.''.

SEC. 14. SAFE THIRD COUNTRY.

    Section 208(a)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1158(a)(2)(A)) is amended--
            (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security''; and
            (2) by striking ``removed, pursuant to a bilateral or 
        multilateral agreement, to'' and inserting ``removed to''.

SEC. 15. ADDITIONAL IMMIGRATION JUDGES AND ICE PROSECUTORS.

    (a) Executive Office for Immigration Review.--Subject to the 
availability of appropriations, in each of fiscal years 2014 through 
2016, the Attorney General shall increase by not less than 50 the 
number of positions for full-time immigration judges within the 
Executive Office for Immigration Review above the number of such 
positions for which funds were allotted for fiscal year 2013.
    (b) Immigration and Customs Enforcement Office of the Principal 
Legal Advisor.--Subject to the availability of appropriations, in each 
of fiscal years 2014 through 2016, the Secretary of Homeland Security 
shall increase by not less than 60 the number of positions for full-
time trial attorneys within the Immigration and Customs Enforcement 
Office of the Principal Legal Advisor above the number of such 
positions for which funds were allotted for fiscal year 2013.

SEC. 16. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY ON CERTAIN 
              FEDERAL LAND.

    (a) Short Title.--This section may be cited as the ``National 
Security and Federal Lands Protection Act''.
    (b) Prohibition on Secretaries of the Interior and Agriculture.--
The Secretary of the Interior or the Secretary of Agriculture shall not 
impede, prohibit, or restrict activities of U.S. Customs and Border 
Protection on Federal land located within 100 miles of an international 
land border that is under the jurisdiction of the Secretary of the 
Interior or the Secretary of Agriculture, to execute search and rescue 
operations and to prevent all unlawful entries into the United States, 
including entries by terrorists, other unlawful aliens, instruments of 
terrorism, narcotics, and other contraband through the international 
land borders of the United States.
    (c) Authorized Activities of U.S. Customs and Border Protection.--
U.S. Customs and Border Protection shall have immediate access to 
Federal land within 100 miles of the international land border under 
the jurisdiction of the Secretary of the Interior or the Secretary of 
Agriculture for purposes of conducting the following activities on such 
land that prevent all unlawful entries into the United States, 
including entries by terrorists, other unlawful aliens, instruments of 
terrorism, narcotics, and other contraband through the international 
land borders of the United States:
            (1) Construction and maintenance of roads.
            (2) Construction and maintenance of barriers.
            (3) Use of vehicles to patrol, apprehend, or rescue.
            (4) Installation, maintenance, and operation of 
        communications and surveillance equipment and sensors.
            (5) Deployment of temporary tactical infrastructure.
    (d) Clarification Relating to Waiver Authority.--
            (1) In general.--Notwithstanding any other provision of law 
        (including any termination date relating to the waiver referred 
        to in this subsection), the waiver by the Secretary of Homeland 
        Security on April 1, 2008, under section 102(c)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws 
        described in paragraph (2) with respect to certain sections of 
        the international border between the United States and Mexico 
        and between the United States and Canada shall be considered to 
        apply to all Federal land under the jurisdiction of the 
        Secretary of the Interior or the Secretary of Agriculture 
        within 100 miles of the international land borders of the 
        United States for the activities of U.S. Customs and Border 
        Protection described in subsection (c).
            (2) Description of laws waived.--The laws referred to in 
        paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131 
        et seq.), the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.), the National Historic Preservation Act 
        (16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 et 
        seq.), the Act of June 8, 1906 (commonly known as the 
        ``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild 
        and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
        seq.), the National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of 
        1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife 
        Coordination Act (16 U.S.C. 661 et seq.), subchapter II of 
        chapter 5, and chapter 7, of title 5, United States Code 
        (commonly known as the ``Administrative Procedure Act''), the 
        National Park Service Organic Act (16 U.S.C. 1 et seq.), the 
        General Authorities Act of 1970 (Public Law 91-383) (16 U.S.C. 
        1a-1 et seq.), sections 401(7), 403, and 404 of the National 
        Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 
        3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 
        1132 note; Public Law 101-628).
    (e) Protection of Legal Uses.--This section shall not be construed 
to provide--
            (1) authority to restrict legal uses, such as grazing, 
        hunting, mining, or public-use recreational and backcountry 
        airstrips on land under the jurisdiction of the Secretary of 
        the Interior or the Secretary of Agriculture; or
            (2) any additional authority to restrict legal access to 
        such land.
    (f) Effect on State and Private Land.--This Act shall--
            (1) have no force or effect on State or private lands; and
            (2) not provide authority on or access to State or private 
        lands.
    (g) Tribal Sovereignty.--Nothing in this section supersedes, 
replaces, negates, or diminishes treaties or other agreements between 
the United States and Indian tribes.

SEC. 17. MINORS IN CUSTODY.

    (a) Minors in Department of Health and Human Services Custody.--
Section 235(c)(2) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(2)) is amended 
by striking the last two sentences.
    (b) Minors in Expedited Removal Proceedings.--Section 
235(b)(1)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)(1)(B)(ii)) is amended by striking ``asylum.'' and inserting 
``asylum (or may be detained if the alien is an unaccompanied alien 
child (as defined in section 462(g)(2) of the Homeland Security Act of 
2002 (6 U.S.C. 279(g)))).''.

SEC. 18. FOREIGN ASSISTANCE FOR REPATRIATION.

    (a) Suspension of Foreign Assistance.--The Secretary of State shall 
immediately suspend all foreign assistance, including under United 
States Agency for International Development programs, the Central 
American Regional Security Initiative, or the International Narcotic 
Control Law Enforcement program, to any large sending country that--
            (1) refuses to negotiate an agreement under section 
        235(a)(2) of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(2)), 
        as amended by section 2 of this Act; or
            (2) refuses to accept from the United States repatriated 
        unaccompanied alien children (as defined in section 462(g)(2) 
        of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) who are 
        nationals or residents of the sending country.
    (b) Use of Foreign Assistance for Repatriation.--The Secretary of 
State shall provide any additional foreign assistance from the United 
States that such Secretary determines is needed to implement an 
agreement under section 235(a)(2) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(a)(2)), as amended by section 2 of this Act, or safely to 
repatriate or reintegrate nationals or residents of a large sending 
country without increasing the total quantity of foreign assistance to 
such country. Such country may use any earlier foreign assistance for 
the purpose of repatriation or implementation of any agreement under 
such section 235(a)(2).
    (c) Definition of Large Sending Program.--For purposes of this 
section, the term ``large sending country'' means--
            (1) any country which was the country of nationality or 
        last habitual residence for 1,000 or more unaccompanied alien 
        children (as defined in section 462(g)(2) of the Homeland 
        Security Act of 2002 (6 U.S.C. 279(g))) who entered the United 
        States in a single fiscal year in any of the prior 3 fiscal 
        years; and
            (2) any other country which the Secretary of Homeland 
        Security deems appropriate.
    (d) Effective Date.--This section shall take effect on the date of 
the enactment of this Act and shall apply with respect to any 
unaccompanied alien child (as defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g))) apprehended on or 
after such date.

SEC. 19. REPORTS.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, and annually thereafter, the Secretary of State 
and the Secretary of Health and Human Services, with assistance from 
the Secretary of Homeland Security, shall submit a report to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives on efforts to improve 
repatriation programs for unaccompanied alien children (as defined in 
section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
279(g))). Such reports shall include the following:
            (1) The average time that such a child is detained after 
        apprehension until removal.
            (2) The number of such children detained improperly beyond 
        the required time periods under paragraphs (2) and (3) of 
        section 235(b) of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)).
            (3) A statement of the funds used to effectuate the 
        repatriation of such children, including any funds that were 
        reallocated from foreign assistance accounts as of the date of 
        the enactment of this Act.
    (b) Effective Date.--This section shall take effect on the date of 
the enactment of this Act and shall apply with respect to any 
unaccompanied alien child (as defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g))) apprehended on or 
after such date.
                                 <all>
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