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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2666 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 491
113th CONGRESS
  2d Session
                                S. 2666

   To prohibit future consideration of deferred action for childhood 
arrivals or work authorization for aliens who are not in lawful status, 
 to facilitate the expedited processing of minors entering the United 
  States across the southern border, and to require the Secretary of 
Defense to reimburse States for National Guard deployments in response 
 to large-scale border crossings of unaccompanied alien children from 
                        noncontiguous countries.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2014

 Mr. Cruz introduced the following bill; which was read the first time

                             July 28, 2014

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
   To prohibit future consideration of deferred action for childhood 
arrivals or work authorization for aliens who are not in lawful status, 
 to facilitate the expedited processing of minors entering the United 
  States across the southern border, and to require the Secretary of 
Defense to reimburse States for National Guard deployments in response 
 to large-scale border crossings of unaccompanied alien children from 
                        noncontiguous countries.

    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 ``Protect Children and Families 
Through the Rule of Law Act''.

SEC. 2. LIMITATION ON EXECUTIVE IMMIGRATION AUTHORITY.

    No agency or instrumentality of the Federal Government may use 
Federal funding or resources--
            (1) to consider or adjudicate any new or previously denied 
        application of any alien requesting consideration of deferred 
        action for childhood arrivals, as authorized by Executive 
        memorandum on August 15, 2012, or by any other succeeding 
        executive memorandum authorizing a similar program; or
            (2) to authorize any alien to work in the United States if 
        such alien--
                    (A) was not lawfully admitted into the United 
                States in compliance with the Immigration and 
                Nationality Act (8 U.S.C. 1101 et seq.); and
                    (B) is not in lawful status in the United States on 
                the date of the enactment of this Act.

SEC. 3. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

    Section 235(a) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended--
            (1) in paragraph (2)--
                    (A) by amending the paragraph heading to read as 
                follows: ``Rules for unaccompanied alien children'';
                    (B) in subparagraph (A), in the matter preceding 
                clause (i), by striking ``who is a national or habitual 
                resident of a country that is contiguous with the 
                United States''; and
                    (C) in subparagraph (C)--
                            (i) by amending the subparagraph heading to 
                        read as follows: ``Agreements with foreign 
                        countries''; and
                            (ii) in the matter preceding clause (i), by 
                        striking ``countries contiguous to the United 
                        States'' and inserting ``Canada, El Salvador, 
                        Guatemala, Honduras, Mexico, and any other 
                        foreign country that the Secretary determines 
                        appropriate''; and
            (2) in paragraph (5)(D)--
                    (A) in the subparagraph heading, by striking 
                ``Placement in removal proceedings'' and inserting 
                ``Expedited due process and screening for unaccompanied 
                alien children'';
                    (B) in the matter preceding clause (i), by striking 
                ``, except for an unaccompanied alien child from a 
                contiguous country subject to the exceptions under 
                subsection (a)(2), shall be--'' and inserting ``who 
                does not meet the criteria listed in paragraph (2)(A)--
                '';
                    (C) by striking clause (i) and inserting the 
                following:
                            ``(i) shall be placed in a proceeding in 
                        accordance with section 235B of the Immigration 
                        and Nationality Act, which shall commence not 
                        later than 7 days after the screening of an 
                        unaccompanied alien child described in 
                        paragraph (4);'';
                    (D) by redesignating clauses (ii) and (iii) as 
                clauses (iii) and (iv), respectively;
                    (E) by inserting after clause (i) the following:
                            ``(ii) may not be placed in the custody of 
                        a nongovernmental sponsor or otherwise released 
                        from the custody of the United States 
                        Government until the child is repatriated 
                        unless the child is the subject of an order 
                        under section 235B(e)(1) of the Immigration and 
                        Nationality Act;'';
                    (F) in clause (iii), as redesignated, by inserting 
                ``is'' before ``eligible''; and
                    (G) in clause (iv), as redesignated, by inserting 
                ``shall be'' before ``provided''.

SEC. 4. EXPEDITED DUE PROCESS AND SCREENING OF UNACCOMPANIED ALIEN 
              CHILDREN .

    (a) Amendments to Immigration and Nationality Act.--
            (1) In general.--Chapter 4 of the Immigration and 
        Nationality Act is amended by inserting after section 235A the 
        following:

``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING FOR 
              UNACCOMPANIED ALIEN CHILDREN.

    ``(a) Defined Term.--In this section, the term `asylum officer' 
means an immigration officer who--
            ``(1) has had professional training in country conditions, 
        asylum law, and interview techniques comparable to that 
        provided to full-time adjudicators of applications under 
        section 208, and
            ``(2) is supervised by an officer who--
                    ``(A) meets the condition described in paragraph 
                (1); and
                    ``(B) has had substantial experience adjudicating 
                asylum applications.
    ``(b) Proceeding.--
            ``(1) In general.--Not later than 7 days after the 
        screening of an unaccompanied alien child under section 
        235(a)(4) of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)), 
        an immigration judge shall conduct a proceeding to inspect, 
        screen, and determine the status of an unaccompanied alien 
        child who is an applicant for admission to the United States.
            ``(2) Time limit.--Not later than 72 hours after the 
        conclusion of a proceeding with respect to an unaccompanied 
        alien child under this section, the immigration judge who 
        conducted such proceeding shall issue an order pursuant to 
        subsection (e).
    ``(c) Conduct of Proceeding.--
            ``(1) Authority of immigration judge.--The immigration 
        judge conducting a proceeding under this section--
                    ``(A) shall administer oaths, receive evidence, and 
                interrogate, examine, and cross-examine the alien and 
                any witnesses;
                    ``(B) may issue subpoenas for the attendance of 
                witnesses and presentation of evidence; and
                    ``(C) is authorized to sanction by civil money 
                penalty any action (or inaction) in contempt of the 
                judge's proper exercise of authority under this Act.
            ``(2) Form of proceeding.--A proceeding under this section 
        may take place--
                    ``(A) in person;
                    ``(B) at a location agreed to by the parties, in 
                the absence of the alien;
                    ``(C) through video conference; or
                    ``(D) through telephone conference.
            ``(3) Presence of alien.--If it is impracticable by reason 
        of an alien's mental incompetency for the alien to be present 
        at the proceeding, the Attorney General shall prescribe 
        safeguards to protect the rights and privileges of the alien.
            ``(4) Rights of the alien.--In a proceeding under this 
        section--
                    ``(A) the alien shall be given the privilege of 
                being represented, at no expense to the Government, by 
                counsel of the alien's choosing who is authorized to 
                practice in such proceedings;
                    ``(B) the alien shall be given a reasonable 
                opportunity--
                            ``(i) to examine the evidence against the 
                        alien;
                            ``(ii) to present evidence on the alien's 
                        own behalf; and
                            ``(iii) to cross-examine witnesses 
                        presented by the Government;
                    ``(C) the rights set forth in subparagraph (B) 
                shall not entitle the alien--
                            ``(i) to examine such national security 
                        information as the Government may proffer in 
                        opposition to the alien's admission to the 
                        United States; or
                            ``(ii) to an application by the alien for 
                        discretionary relief under this Act; and
                    ``(D) a complete record shall be kept of all 
                testimony and evidence produced at the proceeding.
            ``(5) Withdrawal of application for admission.--In the 
        discretion of the Attorney General, an alien applying for 
        admission to the United States may, and at any time, be 
        permitted to withdraw such application and immediately be 
        returned to the alien's country of nationality or country of 
        last habitual residence.
    ``(d) Decision and Burden of Proof.--
            ``(1) Decision.--
                    ``(A) In general.--At the conclusion of a 
                proceeding under this section, the immigration judge 
                shall determine whether an unaccompanied alien child is 
                likely to be--
                            ``(i) admissible to the United States; or
                            ``(ii) eligible for any form of relief from 
                        removal under this Act.
                    ``(B) Evidence.--The determination of the 
                immigration judge under subparagraph (A) shall be based 
                only on the evidence produced at the hearing.
            ``(2) Burden of proof.--
                    ``(A) In general.--In a proceeding under this 
                section, an alien who is an applicant for admission has 
                the burden of establishing, by a preponderance of the 
                evidence, that the alien--
                            ``(i) is likely to be entitled to be 
                        lawfully admitted to the United States or 
                        eligible for any form of relief from removal 
                        under this Act; or
                            ``(ii) is lawfully present in the United 
                        States pursuant to a prior admission.
                    ``(B) Access to documents.--In meeting the burden 
                of proof under subparagraph (A)(ii), the alien shall be 
                given access to--
                            ``(i) the alien's visa or other entry 
                        document, if any; and
                            ``(ii) any other records and documents, not 
                        considered by the Attorney General to be 
                        confidential, pertaining to the alien's 
                        admission or presence in the United States.
    ``(e) Orders.--
            ``(1) Placement in further proceedings.--If an immigration 
        judge determines that the unaccompanied alien child has met the 
        burden of proof under subsection (d)(2), the judge shall order 
        the alien to be placed in further proceedings in accordance 
        with section 240.
            ``(2) Orders of removal.--If an immigration judge 
        determines that the unaccompanied alien child has not met the 
        burden of proof required under subsection (d)(2), the judge 
        shall order the alien removed from the United States without 
        further hearing or review unless the alien claims--
                    ``(A) an intention to apply for asylum under 
                section 208; or
                    ``(B) a fear of persecution.
            ``(3) Claims for asylum.--If an unaccompanied alien child 
        described in paragraph (2) claims an intention to apply for 
        asylum under section 208 or a fear of persecution, the officer 
        shall order the alien referred for an interview by an asylum 
        officer under subsection (f).
    ``(f) Asylum Interviews.--
            ``(1) Defined term.--In this subsection, the term `credible 
        fear of persecution' means, after taking into account the 
        credibility of the statements made by the alien in support of 
        the alien's claim and such other facts as are known to the 
        officer, there is a significant possibility that the alien 
        could establish eligibility for asylum under section 208.
            ``(2) Conduct by asylum officer.--An asylum officer shall 
        conduct interviews of aliens referred under subsection (e)(3).
            ``(3) Referral of certain aliens.--If the officer 
        determines at the time of the interview that an alien has a 
        credible fear of persecution, the alien shall be held in the 
        custody of the Secretary of Health and Human Services pursuant 
        to section 235(b) of the William Wilberforce Trafficking 
        Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
        1232(b)) during further consideration of the application for 
        asylum.
            ``(4) Removal without further review if no credible fear of 
        persecution.--
                    ``(A) In general.--Subject to subparagraph (C), if 
                the asylum officer determines that an alien does not 
                have a credible fear of persecution, the officer shall 
                order the alien removed from the United States without 
                further hearing or review.
                    ``(B) Record of determination.--The officer shall 
                prepare a written record of a determination under 
                subparagraph (A), which shall include--
                            ``(i) a summary of the material facts as 
                        stated by the applicant;
                            ``(ii) such additional facts (if any) 
                        relied upon by the officer;
                            ``(iii) the officer's analysis of why, in 
                        light of such facts, the alien has not 
                        established a credible fear of persecution; and
                            ``(iv) a copy of the officer's interview 
                        notes.
                    ``(C) Review of determination.--
                            ``(i) Rulemaking.--The Attorney General 
                        shall establish, by regulation, a process by 
                        which an immigration judge will conduct a 
                        prompt review, upon the alien's request, of a 
                        determination under subparagraph (A) that the 
                        alien does not have a credible fear of 
                        persecution.
                            ``(ii) Mandatory components.--The review 
                        described in clause (i)--
                                    ``(I) shall include an opportunity 
                                for the alien to be heard and 
                                questioned by the immigration judge, 
                                either in person or by telephonic or 
                                video connection; and
                                    ``(II) shall be conducted--
                                            ``(aa) as expeditiously as 
                                        possible;
                                            ``(bb) within the 24-hour 
                                        period beginning at the time 
                                        the asylum officer makes a 
                                        determination under 
                                        subparagraph (A), to the 
                                        maximum extent practicable; and
                                            ``(cc) in no case later 
                                        than 7 days after such 
                                        determination.
                    ``(D) Mandatory protective custody.--Any alien 
                subject to the procedures under this paragraph shall be 
                held in the custody of the Secretary of Health and 
                Human Services pursuant to Section 235(b) of the 
                William Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1232(b))--
                            ``(i) pending a final determination of 
                        credible fear of persecution; and
                            ``(ii) after a determination that the alien 
                        does not such a fear, until the alien is 
                        removed.
    ``(g) Limitation on Administrative Review.--
            ``(1) In general.--Except as provided in subsection 
        (f)(4)(C) and in paragraph (2), a removal order entered in 
        accordance with subsection (e)(2) or (f)(4)(A) is not subject 
        to administrative appeal.
            ``(2) Rulemaking.--The Attorney General shall establish, by 
        regulation, a process for the prompt review of an order under 
        subsection (e)(2) against an alien who claims under oath, or as 
        permitted under penalty of perjury under section 1746 of title 
        28, United States Code, after having been warned of the penal 
        ties for falsely making such claim under such conditions to 
        have been--
                    ``(A) lawfully admitted for permanent residence;
                    ``(B) admitted as a refugee under section 207; or
                    ``(C) granted asylum under section 208.''.
            (2) Clerical amendment.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
        amended by inserting after the item relating to section 235A 
        the following:

``Sec. 235B. Humane and expedited inspection and screening for 
                            unaccompanied alien children.''.
    (b) Judicial Review of Orders of Removal.--Section 242 of the 
Immigration and Nationality Act (8 U.S.C. 1252) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, or an order 
                of removal issued to an unaccompanied alien child after 
                proceedings under section 235B'' after ``section 
                235(b)(1)''; and
                    (B) in paragraph (2)--
                            (i) by inserting ``or section 235B'' after 
                        ``section 235(b)(1)'' each place it appears; 
                        and
                            (ii) in subparagraph (A)--
                                    (I) in the subparagraph heading, by 
                                inserting ``or 235b'' after ``section 
                                235(b)(1)''; and
                                    (II) in clause (iii), by striking 
                                ``section 235(b)(1)(B),'' and inserting 
                                ``section 235(b)(1)(B) or 235B(f);''; 
                                and
            (2) in subsection (e)--
                    (A) in the subsection heading, by inserting ``or 
                235B'' after ``Section 235(b)(1)'';
                    (B) by inserting ``or section 235B'' after 
                ``section 235(b)(1)'' in each place it appears;
                    (C) in subparagraph (2)(C), by inserting ``or 
                section 235B(g)'' after ``section 235(b)(1)(C)''; and
                    (D) in subparagraph (3)(A), by inserting ``or 
                section 235B'' after ``section 235(b)''.

SEC. 5. DUE PROCESS PROTECTIONS FOR UNACCOMPANIED ALIEN CHILDREN 
              PRESENT IN THE UNITED STATES.

    (a) Special Motions for Unaccompanied Alien Children.--
            (1) Filing authorized.--Beginning on the date that is 60 
        days after the date of the enactment of this Act, the Secretary 
        of Homeland Security, notwithstanding any other provision of 
        law, may, at the sole and unreviewable discretion of the 
        Secretary, permit an unaccompanied alien child who was issued a 
        Notice to Appear under section 239 of the Immigration and 
        Nationality Act (8 U.S.C. 1229) during the period beginning on 
        January 1, 2013, and ending on the date of the enactment of 
        this Act--
                    (A) to appear, in-person, before an immigration 
                judge who has been authorized by the Attorney General 
                to conduct proceedings under section 235B of the 
                Immigration and Nationality Act, as added by section 4;
                    (B) to attest to their desire to apply for 
                admission to the United States; and
                    (C) to file a motion to apply for admission to the 
                United States by being placed in proceedings under 
                section 235B of the Immigration and Nationality Act.
            (2) Motion granted.--An immigration judge may, at the sole 
        and unreviewable discretion of the judge, grant a motion filed 
        under paragraph (1)(C) upon a finding that--
                    (A) the petitioner was an unaccompanied alien child 
                (as defined in section 235 of the William Wilberforce 
                Trafficking Victims Protection Reauthorization Act of 
                2008 (8 U.S.C. 1232)) on the date on which a Notice to 
                Appear was issued to the alien under section 239 of the 
                Immigration and Nationality Act (8 U.S.C. 1229);
                    (B) the Notice to Appear was issued during the 
                period beginning on January 1, 2013, and ending on the 
                date of the enactment of this Act;
                    (C) the unaccompanied alien child is applying for 
                admission to the United States; and
                    (D) the granting of such motion would not be 
                manifestly unjust.
            (3) Effect of motion.--Notwithstanding any other provision 
        of law, upon the granting of a motion under paragraph (2)--
                    (A) the immigration judge who granted such motion 
                shall, while the petitioner remains in-person, 
                immediately inspect and screen the petitioner for 
                admission to the United States by conducting a 
                proceeding under section 235B of the Immigration and 
                Nationality Act; and
                    (B) the petitioner shall not be subject to the 5-
                year expedited removal bar under section 212(a)(6)(B) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1182(a)(6)(B)).
            (4) Protective custody.--An unaccompanied alien child who 
        has been granted a motion under paragraph (2) shall be held in 
        the custody of the Secretary of Health and Human Services 
        pursuant to section 235 of the William Wilberforce Trafficking 
        Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232).

SEC. 6. EMERGENCY IMMIGRATION JUDGE RESOURCES.

    (a) Designation.--Not later than 14 days after the date of the 
enactment of this Act, the Attorney General shall designate up to 40 
immigration judges, including through the hiring of retired immigration 
judges or magistrate judges, or the reassignment of current immigration 
judges, that are dedicated to conducting humane and expedited 
inspection and screening for unaccompanied alien children under section 
235B of the Immigration and Nationality Act, as added by section 4.
    (b) Requirement.--The Attorney General shall ensure that sufficient 
immigration judge resources are dedicated to the purpose described in 
subsection (a) to comply with the requirement under section 235B(b)(1) 
of the Immigration and Nationality Act.

SEC. 7. PROTECTING CHILDREN FROM HUMAN TRAFFICKERS, SEX OFFENDERS, AND 
              OTHER CRIMINALS.

    Section 235(c)(3) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is 
amended--
            (1) in subparagraph (A), by inserting ``, including a 
        mandatory biometric criminal history check'' before the period 
        at the end; and
            (2) by adding at the end the following--
                    ``(D) Prohibition on placement with sex offenders 
                and human traffickers.--
                            ``(i) In general.--The Secretary of Health 
                        and Human Services may not place an 
                        unaccompanied alien child in the custody of an 
                        individual who has been convicted of--
                                    ``(I) a sex offense (as defined in 
                                section 111 of the Sex Offender 
                                Registration and Notification Act (42 
                                U.S.C. 16911)); or
                                    ``(II) a crime involving a severe 
                                form of trafficking in persons (as 
                                defined in section 103 of the 
                                Trafficking Victims Protection Act of 
                                2000 (22 U.S.C. 7102)).
                            ``(ii) Requirements of criminal background 
                        check.--A biometric criminal history check 
                        under subparagraph (A) shall be based on a set 
                        of fingerprints or other biometric identifiers 
                        and conducted through--
                                    ``(I) the Identification Division 
                                of the Federal Bureau of Investigation; 
                                and
                                    ``(II) criminal history 
                                repositories of all States that the 
                                individual lists as current or former 
                                residences.''.

SEC. 8. NATIONAL GUARD DEPLOYMENTS IN RESPONSE TO LARGE-SCALE BORDER 
              CROSSINGS AND RESOURCES FOR STATE AND LOCAL BORDER 
              SECURITY EFFORTS.

    (a) National Guard Deployments.--Section 902 of title 32, United 
States Code, is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
    ``(a) In General.--The Secretary'';
            (2) by striking the comma after ``Secretary''; and
            (3) by adding at the end the following:
    ``(b) Mandatory Reimbursement.--If the governor of a State deploys 
personnel of the National Guard in response to the apprehension of 
6,000 or more unaccompanied alien children (as defined in section 
462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) who are 
nationals of countries other than Canada or Mexico, the Secretary of 
Defense shall reimburse such State for any expenses incurred by the 
State as a result of such deployment.''.
    (b) State and Local Assistance.--
            (1) In general.--The Federal Emergency Management Agency 
        shall enhance law enforcement preparedness, humanitarian 
        responses, and operational readiness along the Southern border 
        through Operation Stonegarden.
            (2) Grants and reimbursements.--
                    (A) In general.--Amounts appropriated pursuant to 
                paragraph (3) shall be used for grants and 
                reimbursements to State and local governments in Border 
                Patrol sectors on the Southern border for--
                            (i) personnel, overtime, travel, and other 
                        costs related to combating illegal immigration 
                        and drug smuggling; and
                            (ii) costs related to providing 
                        humanitarian relief to unaccompanied alien 
                        children who have entered the United States.
                    (B) Funding for state and local governments.--
                Grants and reimbursements authorized subparagraph (A) 
                shall be made by the Federal Emergency Management 
                Agency through a competitive process.
            (3) Authorization of appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated, for fiscal years 2014 and 2015, such sums 
                as may be necessary to carry out this subsection.
                    (B) Offset.--Any amounts appropriated pursuant to 
                subparagraph (A) shall be offset by an equal reduction 
                in the amounts appropriated for other purposes.
                    (C) Rescission.--If the reductions required under 
                subparagraph (B) are not made during the 180-day period 
                beginning on the date of the enactment of this Act, 
                there shall be rescinded, from all unobligated amounts 
                appropriated for any Federal agency (other than the 
                Department of Defense), on a proportionate basis, an 
                amount equal to the amount appropriated pursuant to 
                subparagraph (A).
    (c) Scope of National Guard Authority.--Section 902 of title 32, 
United States Code, as amended by subsection (a), is further amended by 
adding at the end the following:
    ``(c) Scope of Authority.--Notwithstanding section 1385 of title 18 
or any other provision of law, National Guard personnel who are 
deployed to conduct homeland defense activities near an international 
border are authorized to detain any person, and transfer such person to 
the custody of U.S. Border Patrol or another appropriate Federal law 
enforcement agency, if there is probable cause that such person has 
violated any Federal law relating to--
            ``(1) immigration;
            ``(2) drug trafficking;
            ``(3) human trafficking; or
            ``(4) terrorism.''.
                                                       Calendar No. 491

113th CONGRESS

  2d Session

                                S. 2666

_______________________________________________________________________

                                 A BILL

   To prohibit future consideration of deferred action for childhood 
arrivals or work authorization for aliens who are not in lawful status, 
 to facilitate the expedited processing of minors entering the United 
  States across the southern border, and to require the Secretary of 
Defense to reimburse States for National Guard deployments in response 
 to large-scale border crossings of unaccompanied alien children from 
                        noncontiguous countries.

_______________________________________________________________________

                             July 28, 2014

            Read the second time and placed on the calendar
```