I 

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. 

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 ‘‘Asylum Reform and 

5 Border Protection Act of 2014’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 5137 IH

1 SEC. 2. SAFE REMOVAL OF MINORS. 

2 (a) COUNTRY AGREEMENTS.—Section 235(a)(2) of 

3 the William Wilberforce Trafficking Victims Protection 

4 Reauthorization Act of 2008 (8 U.S.C. 1232(a)(2)) is 

5 amended to read as follows: 

6 ‘‘(2) COUNTRY AGREEMENTS.—The Secretary 

7 of State shall negotiate agreements between the 

8 United States and other countries with respect to 

9 the repatriation of children. Such agreements shall 

10 be designed to protect children from severe forms of 

11 trafficking in persons, and shall, at a minimum, pro12 vide that— 

13 ‘‘(A) no child shall be returned to the 

14 child’s country of nationality or of last habitual 

15 residence unless returned to appropriate em16 ployees or officials, including child welfare offi17 cials where available, of the accepting country’s 

18 government; 

19 ‘‘(B) no child shall be returned to the 

20 child’s country of nationality or of last habitual 

21 residence outside of reasonable business hours; 

22 and 

23 ‘‘(C) border personnel of the countries that 

24 are parties to such agreements are trained in 

25 the terms of such agreements.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•HR 5137 IH

1 (b) REPEALS.—Section 235(a) of the William Wilber2 force Trafficking Victims Protection Reauthorization Act 

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

4 (1) by striking paragraphs (3) and (4); 

5 (2) by striking paragraph (5)(D); and 

6 (3) by redesignating paragraph (5) as para7 graph (3). 

8 (c) SCREENING OF APPLICANTS FOR ADMISSION.— 

9 Section 235(b)(1)(A)(i) of the Immigration and Nation10 ality Act (8 U.S.C. 1225(b)(1)(A)(i)) is amended by strik11 ing ‘‘(other than an alien described in subparagraph (F))’’ 

12 and inserting ‘‘(including a child, whether or not the child 

13 is an unaccompanied alien child (as defined in section 

14 462(g)(2) of the Homeland Security Act of 2002 (6 

15 U.S.C. 279(g))), but not including an alien described in 

16 subparagraph (F))’’. 

17 SEC. 3. CLARIFICATION OF INTENT REGARDING TAXPAYER18 PROVIDED COUNSEL. 

19 Section 292 of the Immigration and Nationality Act 

20 (8 U.S.C. 1362) is amended— 

21 (1) by striking ‘‘(at no expense to the Govern22 ment)’’; and 

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

24 ‘‘Notwithstanding any other provision of law, in no in25 stance shall the Government bear any expense for counsel 


rfrederick on DSK6VPTVN1PROD with BILLS
4 

•HR 5137 IH

1 for any person in removal proceedings or in any appeal 

2 proceedings before the Attorney General from any such 

3 removal proceedings.’’. 

4 SEC. 4. SPECIAL IMMIGRANT JUVENILE VISAS. 

5 Section 101(a)(27)(J)(i) of the Immigration and Na6 tionality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by 

7 striking ‘‘and whose reunification with 1 or both of the 

8 immigrant’s parents is not viable due’’ and inserting ‘‘and 

9 who cannot be reunified with either of the immigrant’s 

10 parents due’’. 

11 SEC. 5. CREDIBLE FEAR INTERVIEWS. 

12 Section 235(b)(1)(B)(v) of the Immigration and Na13 tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 

14 striking ‘‘208.’’ and inserting ‘‘208, and it is more prob15 able than not that the statements made by the alien in 

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

17 SEC. 6. RECORDING EXPEDITED REMOVAL AND CREDIBLE 

18 FEAR INTERVIEWS. 

19 (a) IN GENERAL.—The Secretary of Homeland Secu20 rity shall establish quality assurance procedures and take 

21 steps to effectively ensure that questions by employees of 

22 the Department of Homeland Security exercising expe23 dited removal authority under section 235(b) of the Immi24 gration and Nationality Act (8 U.S.C. 1225(b)) are asked 

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


rfrederick on DSK6VPTVN1PROD with BILLS
5 

•HR 5137 IH

1 the answers provided in response to them are recorded in 

2 a uniform fashion. 

3 (b) FACTORS RELATING TO SWORN STATEMENTS.— 

4 Where practicable, any sworn or signed written statement 

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

6 under section 235(b)(1)(A) of the Immigration and Na7 tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom8 panied by a recording of the interview which served as the 

9 basis for that sworn statement. 

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

11 a competent interpreter, not affiliated with the govern12 ment of the country from which the alien may claim asy13 lum, is used when the interviewing officer does not speak 

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

15 Federal, State, or local government employee available 

16 who is able to interpret effectively, accurately, and impar17 tially. 

18 (d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 

19 Recordings of interviews of aliens subject to expedited re20 moval shall be included in the record of proceeding and 

21 shall be considered as evidence in any further proceedings 

22 involving the alien. 

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

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

25 trust, or responsibility, whether substantive or procedural, 


rfrederick on DSK6VPTVN1PROD with BILLS
6 

•HR 5137 IH

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

2 States, its departments, agencies, instrumentalities, enti3 ties, officers, employees, or agents, or any person, nor does 

4 this section create any right of review in any administra5 tive, judicial, or other proceeding. 

6 SEC. 7. PAROLE REFORM. 

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

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

9 ‘‘(5) HUMANITARIAN AND PUBLIC INTEREST

10 PAROLE.— 

11 ‘‘(A) IN GENERAL.—Subject to the provi12 sions of this paragraph and section 214(f)(2), 

13 the Secretary of Homeland Security, in the sole 

14 discretion of the Secretary of Homeland Secu15 rity, may on a case-by-case basis parole an alien 

16 into the United States temporarily, under such 

17 conditions as the Secretary of Homeland Secu18 rity may prescribe, only— 

19 ‘‘(i) for an urgent humanitarian rea20 son (as described under subparagraph 

21 (B)); or 

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

23 the public interest (as described under sub24 paragraph (C)). 


rfrederick on DSK6VPTVN1PROD with BILLS
7 

•HR 5137 IH

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 

7 treatment in the foreign state in which the 

8 alien is residing or the medical emergency 

9 is life-threatening and there is insufficient 

10 time for the alien to be admitted through 

11 the normal visa process; 

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

13 States in order to donate an organ or 

14 other tissue for transplant into a close 

15 family member; or 

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

17 member in the United States whose death 

18 is imminent and the alien could not arrive 

19 in the United States in time to see such 

20 family member alive if the alien were to be 

21 admitted through the normal visa process. 

22 ‘‘(C) PUBLIC INTEREST PAROLE.—The 

23 Secretary of Homeland Security may parole an 

24 alien based on a reason deemed strictly in the 

25 public interest described in this subparagraph 


rfrederick on DSK6VPTVN1PROD with BILLS
8 

•HR 5137 IH

1 only if the alien has assisted the United States 

2 Government in a matter, such as a criminal in3 vestigation, espionage, or other similar law en4 forcement activity, and either the alien’s pres5 ence in the United States is required by the 

6 Government or the alien’s life would be threat7 ened if the alien were not permitted to come to 

8 the United States. 

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

10 AUTHORITY.—The Secretary of Homeland Se11 curity may not use the parole authority under 

12 this paragraph to permit to come to the United 

13 States aliens who have applied for and have 

14 been found to be ineligible for refugee status or 

15 any alien to whom the provisions of this para16 graph do not apply. 

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

18 of an alien under this paragraph shall not be 

19 considered an admission of the alien into the 

20 United States. When the purposes of the parole 

21 of an alien have been served, as determined by 

22 the Secretary of Homeland Security, the alien 

23 shall immediately return or be returned to the 

24 custody from which the alien was paroled and 

25 the alien shall be considered for admission to 


rfrederick on DSK6VPTVN1PROD with BILLS
9 

•HR 5137 IH

1 the United States on the same basis as other 

2 similarly situated applicants for admission. 

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

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

5 the Secretary of Homeland Security shall sub6 mit a report to the Committees on the Judici7 ary of the House of Representatives and the 

8 Senate describing the number and categories of 

9 aliens paroled into the United States under this 

10 paragraph. Each such report shall contain in11 formation and data concerning the number and 

12 categories of aliens paroled, the duration of pa13 role, and the current status of aliens paroled 

14 during the preceding fiscal year.’’. 

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

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

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

18 enactment of this Act. 

19 SEC. 8. REPORT TO CONGRESS ON PAROLE PROCEDURES 

20 AND STANDARDIZATION OF PAROLE PROCE21 DURES. 

22 (a) IN GENERAL.—The Attorney General and the 

23 Secretary of Homeland Security shall jointly conduct a re24 view, and report to the Judiciary Committees of the House 

25 of Representatives and the Senate, not later than 180 days 


rfrederick on DSK6VPTVN1PROD with BILLS
10 

•HR 5137 IH

1 after the date of the enactment of this Act, and annually 

2 thereafter, regarding the effectiveness of parole and cus3 tody determination procedures applicable to aliens who 

4 have established a credible fear of persecution and are 

5 awaiting a final determination regarding their asylum 

6 claim by the immigration courts. The report shall include 

7 the following: 

8 (1) An analysis of the rate at which release 

9 from detention (including release on parole) is grant10 ed to aliens who have established a credible fear of 

11 persecution and are awaiting a final determination 

12 regarding their asylum claim by the immigration 

13 courts throughout the United States, and any dis14 parity that exists between locations or geographical 

15 areas, including explanation of the reasons for this 

16 disparity and what actions are being taken to have 

17 consistent and uniform application of the standards 

18 for granting parole. 

19 (2) An analysis of the effect of the procedures 

20 and policies applied with respect to parole and cus21 tody determinations both by the Attorney General 

22 and the Secretary on the alien’s pursuit of their asy23 lum claim before an immigration court. 

24 (3) An analysis of the effectiveness of the pro25 cedures and policies applied with respect to parole 


rfrederick on DSK6VPTVN1PROD with BILLS
11 

•HR 5137 IH

1 and custody determinations both by the Attorney 

2 General and the Secretary in securing the alien’s 

3 presence at the immigration court proceedings. 

4 (b) RECOMMENDATIONS.—The report should include 

5 recommendations with respect to whether the existing pa6 role and custody determination procedures applicable to 

7 aliens who have established a credible fear of persecution 

8 and are awaiting a final determination regarding their 

9 asylum claim by the immigration courts both respect the 

10 interests of aliens and ensure the presence of the aliens 

11 at the immigration court proceedings. The report should 

12 include an assessment on corresponding failure to appear 

13 rates, inabsentia orders, and absconders. 

14 SEC. 9. GROUNDS OF INADMISSIBILITY AND DEPORT15 ABILITY FOR ALIEN GANG MEMBERS. 

16 (a) DEFINITION OF GANG MEMBER.—Section 101(a) 

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

18 1101(a)) is amended by adding at the end the following: 

19 ‘‘(53)(A) The term ‘criminal gang’ means an ongoing 

20 group, club, organization, or association of 5 or more per21 sons that has as one of its primary purposes the commis22 sion of 1 or more of the following criminal offenses and 

23 the members of which engage, or have engaged within the 

24 past 5 years, in a continuing series of such offenses, or 

25 that has been designated as a criminal gang by the SecVerDate Mar 15 2010 00:23 Jul 18, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5137.IH H5137

rfrederick on DSK6VPTVN1PROD with BILLS
12 

•HR 5137 IH

1 retary of Homeland Security, in consultation with the At2 torney General, as meeting these criteria. The offenses de3 scribed, whether in violation of Federal or State law or 

4 foreign law and regardless of whether the offenses oc5 curred before, on, or after the date of the enactment of 

6 this paragraph, are the following: 

7 ‘‘(i) A ‘felony drug offense’ (as defined in sec8 tion 102 of the Controlled Substances Act (21 

9 U.S.C. 802)). 

10 ‘‘(ii) An offense under section 274 (relating to 

11 bringing in and harboring certain aliens), section 

12 277 (relating to aiding or assisting certain aliens to 

13 enter the United States), or section 278 (relating to 

14 importation of alien for immoral purpose). 

15 ‘‘(iii) A crime of violence (as defined in section 

16 16 of title 18, United States Code). 

17 ‘‘(iv) A crime involving obstruction of justice, 

18 tampering with or retaliating against a witness, vic19 tim, or informant, or burglary. 

20 ‘‘(v) Any conduct punishable under sections 

21 1028 and 1029 of title 18, United States Code (re22 lating to fraud and related activity in connection 

23 with identification documents or access devices), sec24 tions 1581 through 1594 of such title (relating to 

25 peonage, slavery and trafficking in persons), section 


rfrederick on DSK6VPTVN1PROD with BILLS
13 

•HR 5137 IH

1 1952 of such title (relating to interstate and foreign 

2 travel or transportation in aid of racketeering enter3 prises), section 1956 of such title (relating to the 

4 laundering of monetary instruments), section 1957 

5 of such title (relating to engaging in monetary trans6 actions in property derived from specified unlawful 

7 activity), or sections 2312 through 2315 of such title 

8 (relating to interstate transportation of stolen motor 

9 vehicles or stolen property). 

10 ‘‘(vi) A conspiracy to commit an offense de11 scribed in clauses (i) through (v). 

12 ‘‘(B) Notwithstanding any other provision of law (in13 cluding any effective date), the term applies regardless of 

14 whether the conduct occurred before, on, or after the date 

15 of the enactment of this paragraph.’’. 

16 (b) INADMISSIBILITY.—Section 212(a)(2) of such Act 

17 (8 U.S.C. 1182(a)(2)) is amended by adding at the end 

18 the following: 

19 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL

20 GANGS.—Any alien is inadmissible who a con21 sular officer, the Secretary of Homeland Secu22 rity, or the Attorney General knows or has rea23 son to believe— 


rfrederick on DSK6VPTVN1PROD with BILLS
14 

•HR 5137 IH

1 ‘‘(i) to be or to have been a member 

2 of a criminal gang (as defined in section 

3 101(a)(53)); or 

4 ‘‘(ii) to have participated in the activi5 ties of a criminal gang (as defined in sec6 tion 101(a)(53)), knowing or having reason 

7 to know that such activities will promote, 

8 further, aid, or support the illegal activity 

9 of the criminal gang.’’. 

10 (c) DEPORTABILITY.—Section 237(a)(2) of the Im11 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

12 amended by adding at the end the following: 

13 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

14 GANGS.—Any alien is deportable who the Sec15 retary of Homeland Security or the Attorney 

16 General knows or has reason to believe— 

17 ‘‘(i) is or has been a member of a 

18 criminal gang (as defined in section 

19 101(a)(53)); or 

20 ‘‘(ii) has participated in the activities 

21 of a criminal gang (as so defined), knowing 

22 or having reason to know that such activi23 ties will promote, further, aid, or support 

24 the illegal activity of the criminal gang.’’. 

25 (d) DESIGNATION.— 


rfrederick on DSK6VPTVN1PROD with BILLS
15 

•HR 5137 IH

1 (1) IN GENERAL.—Chapter 2 of title II of the 

2 Immigration and Nationality Act (8 U.S.C. 1181 et 

3 seq.) is amended by inserting after section 219 the 

4 following: 

5 ‘‘DESIGNATION

6 ‘‘SEC. 220. (a) IN GENERAL.—The Secretary of 

7 Homeland Security, in consultation with the Attorney 

8 General, and the Secretary of State may designate a group 

9 or association as a criminal street gang if their conduct 

10 is described in section 101(a)(53) or if the group or asso11 ciation conduct poses a significant risk that threatens the 

12 security and the public safety of United States nationals 

13 or the national security, homeland security, foreign policy, 

14 or economy of the United States. 

15 ‘‘(b) EFFECTIVE DATE.—Designations under sub16 section (a) shall remain in effect until the designation is 

17 revoked after consultation between the Secretary of Home18 land Security, the Attorney General, and the Secretary of 

19 State or is terminated in accordance with Federal law.’’. 

20 (2) CLERICAL AMENDMENT.—The table of con21 tents for such Act is amended by inserting after the 

22 item relating to section 219 the following: 

‘‘220. Designation.’’. 

23 (e) MANDATORY DETENTION OF CRIMINAL STREET

24 GANG MEMBERS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
16 

•HR 5137 IH

1 (1) IN GENERAL.—Section 236(c)(1)(D) of the 

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

3 1226(c)(1)(D)) is amended— 

4 (A) by inserting ‘‘or 212(a)(2)(J)’’ after 

5 ‘‘212(a)(3)(B)’’; and 

6 (B) by inserting ‘‘237(a)(2)(G) or’’ before 

7 ‘‘237(a)(4)(B)’’. 

8 (2) ANNUAL REPORT.—Not later than March 1 

9 of each year (beginning 1 year after the date of the 

10 enactment of this Act), the Secretary of Homeland 

11 Security, after consultation with the appropriate 

12 Federal agencies, shall submit a report to the Com13 mittees on the Judiciary of the House of Represent14 atives and of the Senate on the number of aliens de15 tained under the amendments made by paragraph 

16 (1). 

17 (f) ASYLUM CLAIMS BASED ON GANG AFFILI18 ATION.— 

19 (1) INAPPLICABILITY OF RESTRICTION ON RE20 MOVAL TO CERTAIN COUNTRIES.—Section 

21 241(b)(3)(B) of the Immigration and Nationality 

22 Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 

23 matter preceding clause (i), by inserting ‘‘who is de24 scribed in section 212(a)(2)(J)(i) or section 

25 237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
17 

•HR 5137 IH

1 (2) INELIGIBILITY FOR ASYLUM.—Section 

2 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 

3 is amended— 

4 (A) in clause (v), by striking ‘‘or’’ at the 

5 end; 

6 (B) by redesignating clause (vi) as clause 

7 (vii); and 

8 (C) by inserting after clause (v) the fol9 lowing: 

10 ‘‘(vi) the alien is described in section 

11 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) 

12 (relating to participation in criminal street 

13 gangs); or’’. 

14 (g) TEMPORARY PROTECTED STATUS.—Section 244 

15 of such Act (8 U.S.C. 1254a) is amended— 

16 (1) by striking ‘‘Attorney General’’ each place 

17 it appears and inserting ‘‘Secretary of Homeland Se18 curity’’; 

19 (2) in subparagraph (c)(2)(B)— 

20 (A) in clause (i), by striking ‘‘or’’ at the 

21 end; 

22 (B) in clause (ii), by striking the period 

23 and inserting ‘‘; or’’; and 

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


rfrederick on DSK6VPTVN1PROD with BILLS
18 

•HR 5137 IH

1 ‘‘(iii) the alien is, or at any time after 

2 admission has been, a member of a crimi3 nal gang (as defined in section 

4 101(a)(53)).’’; and 

5 (3) in subsection (d)— 

6 (A) by striking paragraph (3); and 

7 (B) in paragraph (4), by adding at the end 

8 the following: ‘‘The Secretary of Homeland Se9 curity may detain an alien provided temporary 

10 protected status under this section whenever 

11 appropriate under any other provision of law.’’. 

12 (h) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 

13 101(a)(27)(J)(iii) of the Immigration and Nationality Act 

14 (8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 

15 (1) in subclause (I), by striking ‘‘and’’; 

16 (2) in subclause (II), by inserting ‘‘and’’ at the 

17 end; and 

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

19 ‘‘(III) no alien who is, or was at any 

20 time after admission has been, a member 

21 of a criminal gang (as defined in section 

22 101(a)(53)) shall be eligible for any immi23 gration benefit under this subparagraph;’’. 

24 (i) EFFECTIVE DATE.—The amendments made by 

25 this section shall take effect on the date of the enactment 


rfrederick on DSK6VPTVN1PROD with BILLS
19 

•HR 5137 IH

1 of this Act and shall apply to acts that occur before, on, 

2 or after the date of the enactment of this Act. 

3 SEC. 10. UNACCOMPANIED ALIEN CHILD DEFINED. 

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

5 2002 (6 U.S.C. 279(g)(2)) is amended to read as follows: 

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

7 ‘‘(A) means an alien who— 

8 ‘‘(i) has no lawful immigration status 

9 in the United States; 

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

11 and 

12 ‘‘(iii) with respect to whom— 

13 ‘‘(I) there is no parent or legal 

14 guardian in the United States; 

15 ‘‘(II) no parent or legal guardian 

16 in the United States is available to 

17 provide care and physical custody; or 

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

19 age, aunt, uncle, grandparent, or 

20 cousin over 18 years of age is avail21 able to provide care and physical cus22 tody; except that 

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

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

25 sibling over 18 years of age, aunt, uncle, grandVerDate Mar 15 2010 00:23 Jul 18, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5137.IH H5137

rfrederick on DSK6VPTVN1PROD with BILLS
20 

•HR 5137 IH

1 parent, or cousin over 18 years of age of the 

2 alien is found in the United States and is avail3 able to provide care and physical custody (and 

4 the Secretary of Homeland Security and the 

5 Secretary of Health and Human Services shall 

6 revoke accordingly any prior designation of the 

7 alien under this paragraph).’’. 

8 SEC. 11. MODIFICATIONS TO PREFERENTIAL AVAILABILITY 

9 FOR ASYLUM FOR UNACCOMPANIED ALIEN 

10 MINORS. 

11 Section 208 of the Immigration and Nationality Act 

12 (8 U.S.C. 1158) is amended— 

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

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

15 SEC. 12. NOTIFICATION AND TRANSFER OF CUSTODY RE16 GARDING UNACCOMPANIED ALIEN MINORS. 

17 Section 235(b) of the William Wilberforce Trafficking 

18 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

19 1232(b)) is amended— 

20 (1) in paragraph (2), by striking ‘‘48 hours’’ 

21 and inserting ‘‘7 days’’; and 

22 (2) in paragraph (3), by striking ‘‘72 hours’’ 

23 and inserting ‘‘30 days’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
21 

•HR 5137 IH

1 SEC. 13. INFORMATION SHARING BETWEEN DEPARTMENT 

2 OF HEALTH AND HUMAN SERVICES AND DE3 PARTMENT OF HOMELAND SECURITY. 

4 Section 235(b) of the William Wilberforce Trafficking 

5 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

6 1232(b)) is amended by adding at the end the following: 

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

8 of Health and Human Services shall share with the 

9 Secretary of Homeland Security any information re10 quested on a child who has been determined to be 

11 an unaccompanied alien child and who is or has 

12 been in the custody of the Secretary of Health and 

13 Human Services, including the location of the child 

14 and any person to whom custody of the child has 

15 been transferred, for any legitimate law enforcement 

16 objective, including enforcement of the immigration 

17 laws.’’. 

18 SEC. 14. SAFE THIRD COUNTRY. 

19 Section 208(a)(2)(A) of the Immigration and Nation20 ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 

21 (1) by striking ‘‘Attorney General’’ and insert22 ing ‘‘Secretary of Homeland Security’’; and 

23 (2) by striking ‘‘removed, pursuant to a bilat24 eral or multilateral agreement, to’’ and inserting 

25 ‘‘removed to’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
22 

•HR 5137 IH

1 SEC. 15. ADDITIONAL IMMIGRATION JUDGES AND ICE 

2 PROSECUTORS. 

3 (a) EXECUTIVE OFFICE FOR IMMIGRATION RE4 VIEW.—Subject to the availability of appropriations, in 

5 each of fiscal years 2014 through 2016, the Attorney Gen6 eral shall increase by not less than 50 the number of posi7 tions for full-time immigration judges within the Executive 

8 Office for Immigration Review above the number of such 

9 positions for which funds were allotted for fiscal year 

10 2013. 

11 (b) IMMIGRATION AND CUSTOMS ENFORCEMENT OF12 FICE OF THE PRINCIPAL LEGAL ADVISOR.—Subject to 

13 the availability of appropriations, in each of fiscal years 

14 2014 through 2016, the Secretary of Homeland Security 

15 shall increase by not less than 60 the number of positions 

16 for full-time trial attorneys within the Immigration and 

17 Customs Enforcement Office of the Principal Legal Advi18 sor above the number of such positions for which funds 

19 were allotted for fiscal year 2013. 

20 SEC. 16. PROHIBITION ON ACTIONS THAT IMPEDE BORDER 

21 SECURITY ON CERTAIN FEDERAL LAND. 

22 (a) SHORT TITLE.—This section may be cited as the 

23 ‘‘National Security and Federal Lands Protection Act’’. 

24 (b) PROHIBITION ON SECRETARIES OF THE INTE25 RIOR AND AGRICULTURE.—The Secretary of the Interior 

26 or the Secretary of Agriculture shall not impede, prohibit, 


rfrederick on DSK6VPTVN1PROD with BILLS
23 

•HR 5137 IH

1 or restrict activities of U.S. Customs and Border Protec2 tion on Federal land located within 100 miles of an inter3 national land border that is under the jurisdiction of the 

4 Secretary of the Interior or the Secretary of Agriculture, 

5 to execute search and rescue operations and to prevent 

6 all unlawful entries into the United States, including en7 tries by terrorists, other unlawful aliens, instruments of 

8 terrorism, narcotics, and other contraband through the 

9 international land borders of the United States. 

10 (c) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND

11 BORDER PROTECTION.—U.S. Customs and Border Pro12 tection shall have immediate access to Federal land within 

13 100 miles of the international land border under the juris14 diction of the Secretary of the Interior or the Secretary 

15 of Agriculture for purposes of conducting the following ac16 tivities on such land that prevent all unlawful entries into 

17 the United States, including entries by terrorists, other 

18 unlawful aliens, instruments of terrorism, narcotics, and 

19 other contraband through the international land borders 

20 of the United States: 

21 (1) Construction and maintenance of roads. 

22 (2) Construction and maintenance of barriers. 

23 (3) Use of vehicles to patrol, apprehend, or res24 cue. 


rfrederick on DSK6VPTVN1PROD with BILLS
24 

•HR 5137 IH

1 (4) Installation, maintenance, and operation of 

2 communications and surveillance equipment and sen3 sors. 

4 (5) Deployment of temporary tactical infra5 structure. 

6 (d) CLARIFICATION RELATING TO WAIVER AUTHOR7 ITY.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of law (including any termination date re10 lating to the waiver referred to in this subsection), 

11 the waiver by the Secretary of Homeland Security 

12 on April 1, 2008, under section 102(c)(1) of the Ille13 gal Immigration Reform and Immigrant Responsi14 bility Act of 1996 (8 U.S.C. 1103 note; Public Law 

15 104–208) of the laws described in paragraph (2) 

16 with respect to certain sections of the international 

17 border between the United States and Mexico and 

18 between the United States and Canada shall be con19 sidered to apply to all Federal land under the juris20 diction of the Secretary of the Interior or the Sec21 retary of Agriculture within 100 miles of the inter22 national land borders of the United States for the 

23 activities of U.S. Customs and Border Protection de24 scribed in subsection (c). 


rfrederick on DSK6VPTVN1PROD with BILLS
25 

•HR 5137 IH

1 (2) DESCRIPTION OF LAWS WAIVED.—The laws 

2 referred to in paragraph (1) are limited to the Wil3 derness Act (16 U.S.C. 1131 et seq.), the National 

4 Environmental Policy Act of 1969 (42 U.S.C. 4321 

5 et seq.), the Endangered Species Act of 1973 (16 

6 U.S.C. 1531 et seq.), the National Historic Preser7 vation Act (16 U.S.C. 470 et seq.), Public Law 86– 

8 523 (16 U.S.C. 469 et seq.), the Act of June 8, 

9 1906 (commonly known as the ‘‘Antiquities Act of 

10 1906’’; 16 U.S.C. 431 et seq.), the Wild and Scenic 

11 Rivers Act (16 U.S.C. 1271 et seq.), the Federal 

12 Land Policy and Management Act of 1976 (43 

13 U.S.C. 1701 et seq.), the National Wildlife Refuge 

14 System Administration Act of 1966 (16 U.S.C. 

15 668dd et seq.), the Fish and Wildlife Act of 1956 

16 (16 U.S.C. 742a et seq.), the Fish and Wildlife Co17 ordination Act (16 U.S.C. 661 et seq.), subchapter 

18 II of chapter 5, and chapter 7, of title 5, United 

19 States Code (commonly known as the ‘‘Administra20 tive Procedure Act’’), the National Park Service Or21 ganic Act (16 U.S.C. 1 et seq.), the General Au22 thorities Act of 1970 (Public Law 91–383) (16 

23 U.S.C. 1a–1 et seq.), sections 401(7), 403, and 404 

24 of the National Parks and Recreation Act of 1978 

25 (Public Law 95–625, 92 Stat. 3467), and the AriVerDate Mar 15 2010 00:23 Jul 18, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5137.IH H5137

rfrederick on DSK6VPTVN1PROD with BILLS
26 

•HR 5137 IH

1 zona Desert Wilderness Act of 1990 (16 U.S.C. 

2 1132 note; Public Law 101–628). 

3 (e) PROTECTION OF LEGAL USES.—This section 

4 shall not be construed to provide— 

5 (1) authority to restrict legal uses, such as 

6 grazing, hunting, mining, or public-use recreational 

7 and backcountry airstrips on land under the jurisdic8 tion of the Secretary of the Interior or the Secretary 

9 of Agriculture; or 

10 (2) any additional authority to restrict legal ac11 cess to such land. 

12 (f) EFFECT ON STATE AND PRIVATE LAND.—This 

13 Act shall— 

14 (1) have no force or effect on State or private 

15 lands; and 

16 (2) not provide authority on or access to State 

17 or private lands. 

18 (g) TRIBAL SOVEREIGNTY.—Nothing in this section 

19 supersedes, replaces, negates, or diminishes treaties or 

20 other agreements between the United States and Indian 

21 tribes. 

22 SEC. 17. MINORS IN CUSTODY. 

23 (a) MINORS IN DEPARTMENT OF HEALTH AND

24 HUMAN SERVICES CUSTODY.—Section 235(c)(2) of the 

25 William Wilberforce Trafficking Victims Protection ReauVerDate Mar 15 2010 00:23 Jul 18, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H5137.IH H5137

rfrederick on DSK6VPTVN1PROD with BILLS
27 

•HR 5137 IH

1 thorization Act of 2008 (8 U.S.C. 1232(c)(2)) is amended 

2 by striking the last two sentences. 

3 (b) MINORS IN EXPEDITED REMOVAL PRO4 CEEDINGS.—Section 235(b)(1)(B)(ii) of the Immigration 

5 and Nationality Act (8 U.S.C. 1225(b)(1)(B)(ii)) is 

6 amended by striking ‘‘asylum.’’ and inserting ‘‘asylum (or 

7 may be detained if the alien is an unaccompanied alien 

8 child (as defined in section 462(g)(2) of the Homeland Se9 curity Act of 2002 (6 U.S.C. 279(g)))).’’. 

10 SEC. 18. FOREIGN ASSISTANCE FOR REPATRIATION. 

11 (a) SUSPENSION OF FOREIGN ASSISTANCE.—The 

12 Secretary of State shall immediately suspend all foreign 

13 assistance, including under United States Agency for 

14 International Development programs, the Central Amer15 ican Regional Security Initiative, or the International Nar16 cotic Control Law Enforcement program, to any large 

17 sending country that— 

18 (1) refuses to negotiate an agreement under 

19 section 235(a)(2) of the William Wilberforce Traf20 ficking Victims Protection Reauthorization Act of 

21 2008 (8 U.S.C. 1232(a)(2)), as amended by section 

22 2 of this Act; or 

23 (2) refuses to accept from the United States re24 patriated unaccompanied alien children (as defined 

25 in section 462(g)(2) of the Homeland Security Act 


rfrederick on DSK6VPTVN1PROD with BILLS
28 

•HR 5137 IH

1 of 2002 (6 U.S.C. 279(g))) who are nationals or 

2 residents of the sending country. 

3 (b) USE OF FOREIGN ASSISTANCE FOR REPATRI4 ATION.—The Secretary of State shall provide any addi5 tional foreign assistance from the United States that such 

6 Secretary determines is needed to implement an agree7 ment under section 235(a)(2) of the William Wilberforce 

8 Trafficking Victims Protection Reauthorization Act of 

9 2008 (8 U.S.C. 1232(a)(2)), as amended by section 2 of 

10 this Act, or safely to repatriate or reintegrate nationals 

11 or residents of a large sending country without increasing 

12 the total quantity of foreign assistance to such country. 

13 Such country may use any earlier foreign assistance for 

14 the purpose of repatriation or implementation of any 

15 agreement under such section 235(a)(2). 

16 (c) DEFINITION OF LARGE SENDING PROGRAM.— 

17 For purposes of this section, the term ‘‘large sending 

18 country’’ means— 

19 (1) any country which was the country of na20 tionality or last habitual residence for 1,000 or more 

21 unaccompanied alien children (as defined in section 

22 462(g)(2) of the Homeland Security Act of 2002 (6 

23 U.S.C. 279(g))) who entered the United States in a 

24 single fiscal year in any of the prior 3 fiscal years; 

25 and 


rfrederick on DSK6VPTVN1PROD with BILLS
29 

•HR 5137 IH

1 (2) any other country which the Secretary of 

2 Homeland Security deems appropriate. 

3 (d) EFFECTIVE DATE.—This section shall take effect 

4 on the date of the enactment of this Act and shall apply 

5 with respect to any unaccompanied alien child (as defined 

6 in section 462(g)(2) of the Homeland Security Act of 2002 

7 (6 U.S.C. 279(g))) apprehended on or after such date. 

8 SEC. 19. REPORTS. 

9 (a) IN GENERAL.—Not later than 6 months after the 

10 date of the enactment of this Act, and annually thereafter, 

11 the Secretary of State and the Secretary of Health and 

12 Human Services, with assistance from the Secretary of 

13 Homeland Security, shall submit a report to the Com14 mittee on the Judiciary of the Senate and the Committee 

15 on the Judiciary of the House of Representatives on ef16 forts to improve repatriation programs for unaccompanied 

17 alien children (as defined in section 462(g)(2) of the 

18 Homeland Security Act of 2002 (6 U.S.C. 279(g))). Such 

19 reports shall include the following: 

20 (1) The average time that such a child is de21 tained after apprehension until removal. 

22 (2) The number of such children detained im23 properly beyond the required time periods under 

24 paragraphs (2) and (3) of section 235(b) of the WilVerDate Mar 15 2010 00:23 Jul 18, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H5137.IH H5137

rfrederick on DSK6VPTVN1PROD with BILLS
30 

•HR 5137 IH

1 liam Wilberforce Trafficking Victims Protection Re2 authorization Act of 2008 (8 U.S.C. 1232(b)). 

3 (3) A statement of the funds used to effectuate 

4 the repatriation of such children, including any 

5 funds that were reallocated from foreign assistance 

6 accounts as of the date of the enactment of this Act. 

7 (b) EFFECTIVE DATE.—This section shall take effect 

8 on the date of the enactment of this Act and shall apply 

9 with respect to any unaccompanied alien child (as defined 

10 in section 462(g)(2) of the Homeland Security Act of 2002 

11 (6 U.S.C. 279(g))) apprehended on or after such date. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS