I 

113TH CONGRESS 

2D SESSION H. R. 5163 

To provide for the expedited processing of unaccompanied alien children 

illegally entering the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2014 

Mr. CASSIDY introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, 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 provide for the expedited processing of unaccompanied 

alien children illegally entering 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. EQUAL TREATMENT OF UNACCOMPANIED 

4 ALIEN CHILDREN. 

5 Section 235 of the William Wilberforce Trafficking 

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

7 1232) is amended— 

8 (1) in subsection (a)— 


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1 (A) in paragraph (2)— 

2 (i) by amending the paragraph head3 ing to read as follows: ‘‘RULES FOR UNAC4 COMPANIED ALIEN CHILDREN’’; 

5 (ii) in subparagraph (A), by striking 

6 ‘‘who is a national or habitual resident of 

7 a country that is contiguous with the 

8 United States’’; 

9 (iii) in subparagraph (B)— 

10 (I) in the matter preceding clause 

11 (i), by striking ‘‘may’’ and inserting 

12 ‘‘shall’’; and 

13 (II) in clause (ii), by inserting 

14 ‘‘not later than 72 hours after the 

15 child is screened under paragraph (4) 

16 by placing the child on the next avail17 able flight to such country, subject to 

18 determinations of cost, feasibility and 

19 any repatriation agreements with such 

20 country’’ before the period at the end; 

21 and 

22 (iv) in subparagraph (C), by striking 

23 ‘‘countries contiguous to the United 

24 States’’ and inserting ‘‘countries from 

25 which large numbers of unaccompanied 


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1 alien children are unlawfully entering the 

2 United States’’; 

3 (B) in paragraph (4)— 

4 (i) by striking ‘‘Within 48 hours of’’ 

5 and inserting the following: 

6 ‘‘(A) IN GENERAL.—Not later than 48 

7 hours after’’; and 

8 (ii) by striking ‘‘Nothing in this para9 graph’’ and inserting the following: 

10 ‘‘(B) GANG AFFILIATION.—If an immigra11 tion officer determines that an unaccompanied 

12 alien child is, or has been, affiliated with a 

13 criminal street gang (as defined in section 

14 521(a) of title 18, United States Code), the 

15 child shall be treated in accordance with para16 graph (2)(B). 

17 ‘‘(C) SAVINGS PROVISION.—Nothing in 

18 this paragraph’’; and 

19 (C) in paragraph (5)(D), by striking ‘‘from 

20 a contiguous country subject to exceptions 

21 under subsection (a)(2)’’ and inserting ‘‘de22 scribed in paragraph (2)(A)’’; and 

23 (2) in subsection (c)— 

24 (A) by striking paragraphs (2) through 

25 (4); 


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1 (B) by redesignating paragraphs (5) and 

2 (6) as paragraphs (3) and (4), respectively; and 

3 (C) by inserting after paragraph (1) the 

4 following: 

5 ‘‘(2) MANDATORY DETENTION FOR UNACCOM6 PANIED ALIEN CHILDREN.—An unaccompanied alien 

7 child who is apprehended by U.S. Border Patrol or 

8 U.S. Immigration and Customs Enforcement shall 

9 be detained and remain in the custody of the De10 partment of Homeland Security until the child— 

11 ‘‘(A) voluntarily departs from the United 

12 States in accordance with section 240B of the 

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

14 1229c); 

15 ‘‘(B) is expeditiously removed from the 

16 United States in accordance with— 

17 ‘‘(i) an order of removal issued in ac18 cordance with section 235(b)(1) of such 

19 Act (8 U.S.C. 1225(b)(1)); or 

20 ‘‘(ii) a final order of removal issued at 

21 the conclusion of special removal pro22 ceedings conducted pursuant to section 

23 240 of such Act (8 U.S.C. 1229a); or 

24 ‘‘(C) is legally admitted into the United 

25 States as— 


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1 ‘‘(i) a refugee under section 207 of 

2 such Act (8 U.S.C. 1157); or 

3 ‘‘(ii) an asylee under section 208 of 

4 such Act (8 U.S.C. 1158).’’. 

5 SEC. 2. EXPEDITED DUE PROCESS AND SCREENING OF UN6 ACCOMPANIED ALIEN CHILDREN. 

7 (a) IN GENERAL.—Chapter 4 of the Immigration and 

8 Nationality Act is amended by inserting after section 

9 235A the following: 

10 ‘‘SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND 

11 SCREENING FOR UNACCOMPANIED ALIEN 

12 CHILDREN. 

13 ‘‘(a) DEFINED TERM.—In this section, the term ‘asy14 lum officer’ means an immigration officer who— 

15 ‘‘(1) has had professional training in country 

16 conditions, asylum law, and interview techniques 

17 comparable to that provided to full-time adjudicators 

18 of applications under section 208, and 

19 ‘‘(2) is supervised by an officer who— 

20 ‘‘(A) meets the condition described in 

21 paragraph (1); and 

22 ‘‘(B) has had substantial experience adju23 dicating asylum applications. 

24 ‘‘(b) PROCEEDING.— 


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1 ‘‘(1) IN GENERAL.—Not later than 7 days after 

2 the screening of an unaccompanied alien child under 

3 section 235(a)(4) of the William Wilberforce Traf4 ficking Victims Protection Reauthorization Act of 

5 2008 (8 U.S.C. 1232(a)(4)), an immigration judge 

6 shall conduct a proceeding to inspect, screen, and 

7 determine the status of an unaccompanied alien 

8 child who is an applicant for admission to the 

9 United States. 

10 ‘‘(2) BIOMETRIC DATA COLLECTION.—The in11 spection and screening required under paragraph (1) 

12 shall include the collection of biometric data from 

13 each unaccompanied alien child, including photo14 graphs and fingerprints. 

15 ‘‘(3) TIME LIMIT.—Not later than 72 hours 

16 after the conclusion of a proceeding with respect to 

17 an unaccompanied alien child under this section, the 

18 immigration judge who conducted such proceeding 

19 shall issue an order pursuant to subsection (e). 

20 ‘‘(c) CONDUCT OF PROCEEDING.— 

21 ‘‘(1) AUTHORITY OF IMMIGRATION JUDGE.— 

22 The immigration judge conducting a proceeding 

23 under this section— 


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1 ‘‘(A) shall administer oaths, receive evi2 dence, and interrogate, examine, and cross-ex3 amine the alien and any witnesses; 

4 ‘‘(B) may issue subpoenas for the attend5 ance of witnesses and presentation of evidence; 

6 and 

7 ‘‘(C) is authorized to sanction by civil 

8 money penalty any action (or inaction) in con9 tempt of the judge’s proper exercise of author10 ity under this Act. 

11 ‘‘(2) FORM OF PROCEEDING.—A proceeding 

12 under this section may take place— 

13 ‘‘(A) in person; 

14 ‘‘(B) at a location agreed to by the parties, 

15 in the absence of the alien; 

16 ‘‘(C) through video conference; or 

17 ‘‘(D) through telephone conference. 

18 ‘‘(3) PRESENCE OF ALIEN.—If it is impracti19 cable by reason of an alien’s mental incompetency 

20 for the alien to be present at the proceeding, the At21 torney General shall prescribe safeguards to protect 

22 the rights and privileges of the alien. 

23 ‘‘(4) RIGHTS OF THE ALIEN.—In a proceeding 

24 under this section— 


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1 ‘‘(A) the alien shall be given the privilege 

2 of being represented, at no expense to the Gov3 ernment, by counsel of the alien’s choosing who 

4 is authorized to practice in such proceedings; 

5 ‘‘(B) the alien shall be given a reasonable 

6 opportunity— 

7 ‘‘(i) to examine the evidence against 

8 the alien; 

9 ‘‘(ii) to present evidence on the alien’s 

10 own behalf; and 

11 ‘‘(iii) to cross-examine witnesses pre12 sented by the Government; 

13 ‘‘(C) the rights set forth in subparagraph 

14 (B) shall not entitle the alien— 

15 ‘‘(i) to examine such national security 

16 information as the Government may prof17 fer in opposition to the alien’s admission to 

18 the United States; or 

19 ‘‘(ii) to an application by the alien for 

20 discretionary relief under this Act; and 

21 ‘‘(D) a complete record shall be kept of all 

22 testimony and evidence produced at the pro23 ceeding. 

24 ‘‘(5) WITHDRAWAL OF APPLICATION FOR AD25 MISSION.—In the discretion of the Attorney General, 


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1 an alien applying for admission to the United States 

2 may, and at any time, be permitted to withdraw 

3 such application and immediately be returned to the 

4 alien’s country of nationality or country of last ha5 bitual residence. 

6 ‘‘(d) DECISION AND BURDEN OF PROOF.— 

7 ‘‘(1) DECISION.— 

8 ‘‘(A) IN GENERAL.—At the conclusion of a 

9 proceeding under this section, the immigration 

10 judge shall determine whether an unaccom11 panied alien child is likely to be— 

12 ‘‘(i) admissible to the United States; 

13 or 

14 ‘‘(ii) eligible for any form of relief 

15 from removal under this Act. 

16 ‘‘(B) EVIDENCE.—The determination of 

17 the immigration judge under subparagraph (A) 

18 shall be based only on the evidence produced at 

19 the hearing. 

20 ‘‘(2) BURDEN OF PROOF.— 

21 ‘‘(A) IN GENERAL.—In a proceeding under 

22 this section, an alien who is an applicant for 

23 admission has the burden of establishing, by a 

24 preponderance of the evidence, that the alien— 


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1 ‘‘(i) is likely to be entitled to be law2 fully admitted to the United States or eli3 gible for any form of relief from removal 

4 under this Act; or 

5 ‘‘(ii) is lawfully present in the United 

6 States pursuant to a prior admission. 

7 ‘‘(B) ACCESS TO DOCUMENTS.—In meeting 

8 the burden of proof under subparagraph (A)(ii), 

9 the alien shall be given access to— 

10 ‘‘(i) the alien’s visa or other entry 

11 document, if any; and 

12 ‘‘(ii) any other records and docu13 ments, not considered by the Attorney 

14 General to be confidential, pertaining to 

15 the alien’s admission or presence in the 

16 United States. 

17 ‘‘(e) ORDERS.— 

18 ‘‘(1) PLACEMENT IN FURTHER PRO19 CEEDINGS.—If an immigration judge determines 

20 that the unaccompanied alien child has met the bur21 den of proof under subsection (d)(2), the judge shall 

22 order the alien to be placed in further proceedings 

23 in accordance with section 240. 

24 ‘‘(2) ORDERS OF REMOVAL.—If an immigration 

25 judge determines that the unaccompanied alien child 


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1 has not met the burden of proof required under sub2 section (d)(2), the judge shall order the alien re3 moved from the United States without further hear4 ing or review unless the alien claims— 

5 ‘‘(A) an intention to apply for asylum 

6 under section 208; or 

7 ‘‘(B) a substantiated fear of persecution. 

8 ‘‘(3) CLAIMS FOR ASYLUM.—If an unaccom9 panied alien child described in paragraph (2) claims 

10 an intention to apply for asylum under section 208 

11 or a substantiated fear of persecution, the officer 

12 shall order the alien referred for an interview by an 

13 asylum officer under subsection (f). 

14 ‘‘(f) ASYLUM INTERVIEWS.— 

15 ‘‘(1) DEFINED TERM.—In this subsection, the 

16 term ‘substantiated fear of persecution’ means, after 

17 taking into account the credibility of the statements 

18 made by the alien in support of the alien’s claim and 

19 such other facts as are known to the officer, there 

20 is a significant possibility that the alien could estab21 lish eligibility for asylum under section 208. 

22 ‘‘(2) CONDUCT BY ASYLUM OFFICER.—An asy23 lum officer shall conduct interviews of aliens referred 

24 under subsection (e)(3). 


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1 ‘‘(3) REFERRAL OF CERTAIN ALIENS.—If the 

2 officer determines at the time of the interview that 

3 an alien has a substantiated fear of persecution, the 

4 alien shall be held in the custody of the Secretary 

5 of Health and Human Services pursuant to section 

6 235(b) of the William Wilberforce Trafficking Vic7 tims Protection Reauthorization Act of 2008 (8 

8 U.S.C. 1232(b)) during further consideration of the 

9 application for asylum. 

10 ‘‘(4) REMOVAL WITHOUT FURTHER REVIEW IF

11 NO SUBSTANTIATED FEAR OF PERSECUTION.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (C), if the asylum officer determines that 

14 an alien does not have a substantiated fear of 

15 persecution, the officer shall order the alien re16 moved from the United States without further 

17 hearing or review. 

18 ‘‘(B) RECORD OF DETERMINATION.—The 

19 officer shall prepare a written record of a deter20 mination under subparagraph (A), which shall 

21 include— 

22 ‘‘(i) a summary of the material facts 

23 as stated by the applicant; 

24 ‘‘(ii) such additional facts (if any) re25 lied upon by the officer; 


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1 ‘‘(iii) the officer’s analysis of why, in 

2 light of such facts, the alien has not estab3 lished a substantiated fear of persecution; 

4 and 

5 ‘‘(iv) a copy of the officer’s interview 

6 notes. 

7 ‘‘(C) REVIEW OF DETERMINATION.— 

8 ‘‘(i) RULEMAKING.—The Attorney 

9 General shall establish, by regulation, a 

10 process by which an immigration judge will 

11 conduct a prompt review, upon the alien’s 

12 request, of a determination under subpara13 graph (A) that the alien does not have a 

14 substantiated fear of persecution. 

15 ‘‘(ii) MANDATORY COMPONENTS.— 

16 The review described in clause (i)— 

17 ‘‘(I) shall include an opportunity 

18 for the alien to be heard and ques19 tioned by the immigration judge, ei20 ther in person or by telephonic or 

21 video connection; and 

22 ‘‘(II) shall be conducted— 

23 ‘‘(aa) as expeditiously as 

24 possible; 


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1 ‘‘(bb) within the 24-hour pe2 riod beginning at the time the 

3 asylum officer makes a deter4 mination under subparagraph 

5 (A), to the maximum extent 

6 practicable; and 

7 ‘‘(cc) in no case later than 7 

8 days after such determination. 

9 ‘‘(D) MANDATORY PROTECTIVE CUS10 TODY.—Any alien subject to the procedures 

11 under this paragraph shall be held in the cus12 tody of the Department of Homeland Secu13 rity— 

14 ‘‘(i) pending a final determination of 

15 substantiated fear of persecution; and 

16 ‘‘(ii) after a determination that the 

17 alien does not have such a fear, until the 

18 alien is removed. 

19 ‘‘(g) LIMITATION ON ADMINISTRATIVE REVIEW.— 

20 ‘‘(1) IN GENERAL.—Except as provided in sub21 section (f)(4)(C) and paragraph (2), a removal order 

22 entered in accordance with subsection (e)(2) or 

23 (f)(4)(A) is not subject to administrative appeal. 

24 ‘‘(2) RULEMAKING.—The Attorney General 

25 shall establish, by regulation, a process for the 


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1 prompt review of an order under subsection (e)(2) 

2 against an alien who claims under oath, or as per3 mitted under penalty of perjury under section 1746 

4 of title 28, United States Code, after having been 

5 warned of the penal ties for falsely making such 

6 claim under such conditions to have been— 

7 ‘‘(A) lawfully admitted for permanent resi8 dence; 

9 ‘‘(B) admitted as a refugee under section 

10 207; or 

11 ‘‘(C) granted asylum under section 208.’’. 

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

13 for the Immigration and Nationality Act (8 U.S.C. 1101 

14 et seq.) is amended by inserting after the item relating 

15 to section 235A the following: 

‘‘Sec. 235B. Humane and expedited inspection and screening for unaccompanied alien children.’’. 

16 SEC. 3. ASYLUM SEEKERS. 

17 (a) REFUGEE DEFINED.—Section 101(a)(42) of the 

18 Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) 

19 is amended— 

20 (1) in subparagraph (A), by striking ‘‘because 

21 of persecution or a well-founded fear of persecution 

22 on account of’’ and inserting ‘‘the alien’s life or free23 dom would be threatened in that country because of 

24 the alien’s’’; and 


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1 (2) in subparagraph (B), by striking ‘‘who is 

2 persecuted or who has a well-founded fear of perse3 cution on account of’’ and inserting ‘‘the person’s 

4 life or freedom is threatened if the person remains 

5 in that country because of the person’s’’. 

6 (b) MANDATORY DETENTION.—Section 208(d) of the 

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

8 amended by adding at the end the following: 

9 ‘‘(8) DETENTION.—The Secretary of Homeland 

10 Security shall detain any alien seeking asylum under 

11 this section until the alien— 

12 ‘‘(A) is removed from the United States in 

13 accordance with— 

14 ‘‘(i) an order of removal issued in ac15 cordance with section 235(b)(1); or 

16 ‘‘(ii) a final order of removal issued at 

17 the conclusion of special removal pro18 ceedings conducted pursuant to section 

19 240; or 

20 ‘‘(B) granted asylum under subsection 

21 (b).’’. 

22 SEC. 4. EXTENSION OF BAR TO REENTRY. 

23 Section 212(a)(9) of the Immigration and Nationality 

24 Act (8 U.S.C. 1182(a)(9)) is amended— 


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1 (1) in subparagraph (A)(i) by striking ‘‘5 

2 years’’ and inserting ‘‘10 years’’; and 

3 (2) in subparagraph (B)(i)(I), by striking ‘‘3 

4 years’’ and inserting ‘‘10 years’’. 

5 SEC. 5. REPORTING REQUIREMENT. 

6 The Secretary of Homeland Security shall submit an 

7 annual report to Congress that identifies, for the previous 

8 12-month period— 

9 (1) the number of aliens unlawfully present in 

10 the United States who were apprehended by, or 

11 placed in the physical custody of, U.S. Border Patrol 

12 or U.S. Immigration and Customs Enforcement; 

13 (2) the number of aliens described in paragraph 

14 (1) who were deported from the United States pur15 suant to a final order of removal; 

16 (3) the number of aliens described in paragraph 

17 (1) who departed from the United States without an 

18 order of removal (voluntary departures); and 

19 (4) the number of aliens who were granted ref20 ugee status or asylum. 

21 SEC. 6. SANCTUARY CITIES. 

22 The Secretary of Homeland Security may not make 

23 any funds available to carry out the Criminal Alien Pro24 gram of the U.S. Immigration and Customs Enforce25 ment— 


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1 (1) to a State or local government entity that 

2 has in place a law or policy in contravention of sec3 tion 642 of the Illegal Immigration Reform and Im4 migrant Responsibility Act of 1996 (8 U.S.C. 1373); 

5 or 

6 (2) to a State or political subdivision of a State 

7 that has in place a law or policy that prevents the 

8 State or political subdivision of a State from car9 rying out an agreement that the State or political 

10 subdivision of the State entered into pursuant to 

11 section 287(g) of the Immigration and Nationality 

12 Act (8 U.S.C. 1357 (g)). 

13 SEC. 7. PUBLIC SERVICE ANNOUNCEMENTS. 

14 Beginning not later than 120 days after the date of 

15 the enactment of this Act, the Secretary of State shall in16 clude in any public service announcement relating to im17 migration to the United States for broadcast on the radio 

18 and on television in El Salvador, Guatemala, Honduras, 

19 or Mexico, or for publication on the Internet in such a 

20 country, the penalties for entering the United States in 

21 contravention of the immigrations laws (as such term is 

22 defined in section 101 of the Immigration and Nationality 

23 Act (8 U.S.C. 1101)). 

Æ 


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