II 

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. 


jbell on DSK4SPTVN1PROD with BILLS
2 

•S 2666 PCS

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 ‘‘Protect Children and 

5 Families Through the Rule of Law Act’’. 

6 SEC. 2. LIMITATION ON EXECUTIVE IMMIGRATION AU7 THORITY. 

8 No agency or instrumentality of the Federal Govern9 ment may use Federal funding or resources— 

10 (1) to consider or adjudicate any new or pre11 viously denied application of any alien requesting 

12 consideration of deferred action for childhood arriv13 als, as authorized by Executive memorandum on Au14 gust 15, 2012, or by any other succeeding executive 

15 memorandum authorizing a similar program; or 

16 (2) to authorize any alien to work in the United 

17 States if such alien— 

18 (A) was not lawfully admitted into the 

19 United States in compliance with the Immigra20 tion and Nationality Act (8 U.S.C. 1101 et 

21 seq.); and 

22 (B) is not in lawful status in the United 

23 States on the date of the enactment of this Act. 


jbell on DSK4SPTVN1PROD with BILLS
3 

•S 2666 PCS

1 SEC. 3. REPATRIATION OF UNACCOMPANIED ALIEN CHIL2 DREN. 

3 Section 235(a) of the William Wilberforce Trafficking 

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

5 1232(a)) is amended— 

6 (1) in paragraph (2)— 

7 (A) by amending the paragraph heading to 

8 read as follows: ‘‘RULES FOR UNACCOMPANIED

9 ALIEN CHILDREN’’; 

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

11 preceding clause (i), by striking ‘‘who is a na12 tional or habitual resident of a country that is 

13 contiguous with the United States’’; and 

14 (C) in subparagraph (C)— 

15 (i) by amending the subparagraph 

16 heading to read as follows: ‘‘AGREEMENTS

17 WITH FOREIGN COUNTRIES’’; and 

18 (ii) in the matter preceding clause (i), 

19 by striking ‘‘countries contiguous to the 

20 United States’’ and inserting ‘‘Canada, El 

21 Salvador, Guatemala, Honduras, Mexico, 

22 and any other foreign country that the 

23 Secretary determines appropriate’’; and 

24 (2) in paragraph (5)(D)— 

25 (A) in the subparagraph heading, by strik26 ing ‘‘PLACEMENT IN REMOVAL PROCEEDINGS’’ 


jbell on DSK4SPTVN1PROD with BILLS
4 

•S 2666 PCS

1 and inserting ‘‘EXPEDITED DUE PROCESS AND

2 SCREENING FOR UNACCOMPANIED ALIEN CHIL3 DREN’’; 

4 (B) in the matter preceding clause (i), by 

5 striking ‘‘, except for an unaccompanied alien 

6 child from a contiguous country subject to the 

7 exceptions under subsection (a)(2), shall be—’’ 

8 and inserting ‘‘who does not meet the criteria 

9 listed in paragraph (2)(A)—’’; 

10 (C) by striking clause (i) and inserting the 

11 following: 

12 ‘‘(i) shall be placed in a proceeding in 

13 accordance with section 235B of the Immi14 gration and Nationality Act, which shall 

15 commence not later than 7 days after the 

16 screening of an unaccompanied alien child 

17 described in paragraph (4);’’; 

18 (D) by redesignating clauses (ii) and (iii) 

19 as clauses (iii) and (iv), respectively; 

20 (E) by inserting after clause (i) the fol21 lowing: 

22 ‘‘(ii) may not be placed in the custody 

23 of a nongovernmental sponsor or otherwise 

24 released from the custody of the United 

25 States Government until the child is repaVerDate Mar 15 2010 23:49 Jul 28, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2666.PCS S2666

jbell on DSK4SPTVN1PROD with BILLS
5 

•S 2666 PCS

1 triated unless the child is the subject of an 

2 order under section 235B(e)(1) of the Im3 migration and Nationality Act;’’; 

4 (F) in clause (iii), as redesignated, by in5 serting ‘‘is’’ before ‘‘eligible’’; and 

6 (G) in clause (iv), as redesignated, by in7 serting ‘‘shall be’’ before ‘‘provided’’. 

8 SEC. 4. EXPEDITED DUE PROCESS AND SCREENING OF UN9 ACCOMPANIED ALIEN CHILDREN . 

10 (a) AMENDMENTS TO IMMIGRATION AND NATION11 ALITY ACT.— 

12 (1) IN GENERAL.—Chapter 4 of the Immigra13 tion and Nationality Act is amended by inserting 

14 after section 235A the following: 

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

16 SCREENING FOR UNACCOMPANIED ALIEN 

17 CHILDREN. 

18 ‘‘(a) DEFINED TERM.—In this section, the term ‘asy19 lum officer’ means an immigration officer who— 

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

21 conditions, asylum law, and interview techniques 

22 comparable to that provided to full-time adjudicators 

23 of applications under section 208, and 

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


jbell on DSK4SPTVN1PROD with BILLS
6 

•S 2666 PCS

1 ‘‘(A) meets the condition described in 

2 paragraph (1); and 

3 ‘‘(B) has had substantial experience adju4 dicating asylum applications. 

5 ‘‘(b) PROCEEDING.— 

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

7 the screening of an unaccompanied alien child under 

8 section 235(a)(4) of the William Wilberforce Traf9 ficking Victims Protection Reauthorization Act of 

10 2008 (8 U.S.C. 1232(a)(4)), an immigration judge 

11 shall conduct a proceeding to inspect, screen, and 

12 determine the status of an unaccompanied alien 

13 child who is an applicant for admission to the 

14 United States. 

15 ‘‘(2) 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— 


jbell on DSK4SPTVN1PROD with BILLS
7 

•S 2666 PCS

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— 


jbell on DSK4SPTVN1PROD with BILLS
8 

•S 2666 PCS

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, 


jbell on DSK4SPTVN1PROD with BILLS
9 

•S 2666 PCS

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— 


jbell on DSK4SPTVN1PROD with BILLS
10 

•S 2666 PCS

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 


jbell on DSK4SPTVN1PROD with BILLS
11 

•S 2666 PCS

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 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 fear of persecution, the officer shall order the 

12 alien referred for an interview by an asylum officer 

13 under subsection (f). 

14 ‘‘(f) ASYLUM INTERVIEWS.— 

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

16 term ‘credible fear of persecution’ means, after tak17 ing 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). 


jbell on DSK4SPTVN1PROD with BILLS
12 

•S 2666 PCS

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

2 officer determines at the time of the interview that 

3 an alien has a credible fear of persecution, the alien 

4 shall be held in the custody of the Secretary of 

5 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 CREDIBLE 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 credible fear of perse15 cution, the officer shall order the alien removed 

16 from the United States without further hearing 

17 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; 


jbell on DSK4SPTVN1PROD with BILLS
13 

•S 2666 PCS

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

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

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

5 notes. 

6 ‘‘(C) REVIEW OF DETERMINATION.— 

7 ‘‘(i) RULEMAKING.—The Attorney 

8 General shall establish, by regulation, a 

9 process by which an immigration judge will 

10 conduct a prompt review, upon the alien’s 

11 request, of a determination under subpara12 graph (A) that the alien does not have a 

13 credible fear of persecution. 

14 ‘‘(ii) MANDATORY COMPONENTS.— 

15 The review described in clause (i)— 

16 ‘‘(I) shall include an opportunity 

17 for the alien to be heard and ques18 tioned by the immigration judge, ei19 ther in person or by telephonic or 

20 video connection; and 

21 ‘‘(II) shall be conducted— 

22 ‘‘(aa) as expeditiously as 

23 possible; 

24 ‘‘(bb) within the 24-hour pe25 riod beginning at the time the 


jbell on DSK4SPTVN1PROD with BILLS
14 

•S 2666 PCS

1 asylum officer makes a deter2 mination under subparagraph 

3 (A), to the maximum extent 

4 practicable; and 

5 ‘‘(cc) in no case later than 7 

6 days after such determination. 

7 ‘‘(D) MANDATORY PROTECTIVE CUS8 TODY.—Any alien subject to the procedures 

9 under this paragraph shall be held in the cus10 tody of the Secretary of Health and Human 

11 Services pursuant to Section 235(b) of the Wil12 liam Wilberforce Trafficking Victims Protection 

13 Reauthorization Act of 2008 (8 U.S.C. 

14 1232(b))— 

15 ‘‘(i) pending a final determination of 

16 credible fear of persecution; and 

17 ‘‘(ii) after a determination that the 

18 alien does not such a fear, until the alien 

19 is removed. 

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

21 ‘‘(1) IN GENERAL.—Except as provided in sub22 section (f)(4)(C) and in paragraph (2), a removal 

23 order entered in accordance with subsection (e)(2) or 

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


jbell on DSK4SPTVN1PROD with BILLS
15 

•S 2666 PCS

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

2 shall establish, by regulation, a process for the 

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

4 against an alien who claims under oath, or as per5 mitted under penalty of perjury under section 1746 

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

7 warned of the penal ties for falsely making such 

8 claim under such conditions to have been— 

9 ‘‘(A) lawfully admitted for permanent resi10 dence; 

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

12 207; or 

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

14 (2) CLERICAL AMENDMENT.—The table of con15 tents for the Immigration and Nationality Act (8 

16 U.S.C. 1101 et seq.) is amended by inserting after 

17 the item relating to section 235A the following: 

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

18 (b) JUDICIAL REVIEW OF ORDERS OF REMOVAL.— 

19 Section 242 of the Immigration and Nationality Act (8 

20 U.S.C. 1252) is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1), by inserting ‘‘, or an 

23 order of removal issued to an unaccompanied 


jbell on DSK4SPTVN1PROD with BILLS
16 

•S 2666 PCS

1 alien child after proceedings under section 

2 235B’’ after ‘‘section 235(b)(1)’’; and 

3 (B) in paragraph (2)— 

4 (i) by inserting ‘‘or section 235B’’ 

5 after ‘‘section 235(b)(1)’’ each place it ap6 pears; and 

7 (ii) in subparagraph (A)— 

8 (I) in the subparagraph heading, 

9 by inserting ‘‘OR 235B’’ after ‘‘SEC10 TION 235(b)(1)’’; and 

11 (II) in clause (iii), by striking 

12 ‘‘section 235(b)(1)(B),’’ and inserting 

13 ‘‘section 235(b)(1)(B) or 235B(f);’’; 

14 and 

15 (2) in subsection (e)— 

16 (A) in the subsection heading, by inserting 

17 ‘‘OR 235B’’ after ‘‘SECTION 235(b)(1)’’; 

18 (B) by inserting ‘‘or section 235B’’ after 

19 ‘‘section 235(b)(1)’’ in each place it appears; 

20 (C) in subparagraph (2)(C), by inserting 

21 ‘‘or section 235B(g)’’ after ‘‘section 

22 235(b)(1)(C)’’; and 

23 (D) in subparagraph (3)(A), by inserting 

24 ‘‘or section 235B’’ after ‘‘section 235(b)’’. 


jbell on DSK4SPTVN1PROD with BILLS
17 

•S 2666 PCS

1 SEC. 5. DUE PROCESS PROTECTIONS FOR UNACCOM2 PANIED ALIEN CHILDREN PRESENT IN THE 

3 UNITED STATES. 

4 (a) SPECIAL MOTIONS FOR UNACCOMPANIED ALIEN

5 CHILDREN.— 

6 (1) FILING AUTHORIZED.—Beginning on the 

7 date that is 60 days after the date of the enactment 

8 of this Act, the Secretary of Homeland Security, 

9 notwithstanding any other provision of law, may, at 

10 the sole and unreviewable discretion of the Sec11 retary, permit an unaccompanied alien child who 

12 was issued a Notice to Appear under section 239 of 

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

14 1229) during the period beginning on January 1, 

15 2013, and ending on the date of the enactment of 

16 this Act— 

17 (A) to appear, in-person, before an immi18 gration judge who has been authorized by the 

19 Attorney General to conduct proceedings under 

20 section 235B of the Immigration and Nation21 ality Act, as added by section 4; 

22 (B) to attest to their desire to apply for 

23 admission to the United States; and 

24 (C) to file a motion to apply for admission 

25 to the United States by being placed in proVerDate Mar 15 2010 23:49 Jul 28, 2014 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2666.PCS S2666

jbell on DSK4SPTVN1PROD with BILLS
18 

•S 2666 PCS

1 ceedings under section 235B of the Immigra2 tion and Nationality Act. 

3 (2) MOTION GRANTED.—An immigration judge 

4 may, at the sole and unreviewable discretion of the 

5 judge, grant a motion filed under paragraph (1)(C) 

6 upon a finding that— 

7 (A) the petitioner was an unaccompanied 

8 alien child (as defined in section 235 of the Wil9 liam Wilberforce Trafficking Victims Protection 

10 Reauthorization Act of 2008 (8 U.S.C. 1232)) 

11 on the date on which a Notice to Appear was 

12 issued to the alien under section 239 of the Im13 migration and Nationality Act (8 U.S.C. 1229); 

14 (B) the Notice to Appear was issued dur15 ing the period beginning on January 1, 2013, 

16 and ending on the date of the enactment of this 

17 Act; 

18 (C) the unaccompanied alien child is apply19 ing for admission to the United States; and 

20 (D) the granting of such motion would not 

21 be manifestly unjust. 

22 (3) EFFECT OF MOTION.—Notwithstanding any 

23 other provision of law, upon the granting of a mo24 tion under paragraph (2)— 


jbell on DSK4SPTVN1PROD with BILLS
19 

•S 2666 PCS

1 (A) the immigration judge who granted 

2 such motion shall, while the petitioner remains 

3 in-person, immediately inspect and screen the 

4 petitioner for admission to the United States by 

5 conducting a proceeding under section 235B of 

6 the Immigration and Nationality Act; and 

7 (B) the petitioner shall not be subject to 

8 the 5-year expedited removal bar under section 

9 212(a)(6)(B) of the Immigration and Nation10 ality Act (8 U.S.C. 1182(a)(6)(B)). 

11 (4) PROTECTIVE CUSTODY.—An unaccompanied 

12 alien child who has been granted a motion under 

13 paragraph (2) shall be held in the custody of the 

14 Secretary of Health and Human Services pursuant 

15 to section 235 of the William Wilberforce Traf16 ficking Victims Protection Reauthorization Act of 

17 2008 (8 U.S.C. 1232). 

18 SEC. 6. EMERGENCY IMMIGRATION JUDGE RESOURCES. 

19 (a) DESIGNATION.—Not later than 14 days after the 

20 date of the enactment of this Act, the Attorney General 

21 shall designate up to 40 immigration judges, including 

22 through the hiring of retired immigration judges or mag23 istrate judges, or the reassignment of current immigration 

24 judges, that are dedicated to conducting humane and ex25 pedited inspection and screening for unaccompanied alien 


jbell on DSK4SPTVN1PROD with BILLS
20 

•S 2666 PCS

1 children under section 235B of the Immigration and Na2 tionality Act, as added by section 4. 

3 (b) REQUIREMENT.—The Attorney General shall en4 sure that sufficient immigration judge resources are dedi5 cated to the purpose described in subsection (a) to comply 

6 with the requirement under section 235B(b)(1) of the Im7 migration and Nationality Act. 

8 SEC. 7. PROTECTING CHILDREN FROM HUMAN TRAF9 FICKERS, SEX OFFENDERS, AND OTHER 

10 CRIMINALS. 

11 Section 235(c)(3) of the William Wilberforce Traf12 ficking Victims Protection Reauthorization Act of 2008 (8 

13 U.S.C. 1232(c)(3)) is amended— 

14 (1) in subparagraph (A), by inserting ‘‘, includ15 ing a mandatory biometric criminal history check’’ 

16 before the period at the end; and 

17 (2) by adding at the end the following— 

18 ‘‘(D) PROHIBITION ON PLACEMENT WITH

19 SEX OFFENDERS AND HUMAN TRAFFICKERS.— 

20 ‘‘(i) IN GENERAL.—The Secretary of 

21 Health and Human Services may not place 

22 an unaccompanied alien child in the cus23 tody of an individual who has been con24 victed of— 


jbell on DSK4SPTVN1PROD with BILLS
21 

•S 2666 PCS

1 ‘‘(I) a sex offense (as defined in 

2 section 111 of the Sex Offender Reg3 istration and Notification Act (42 

4 U.S.C. 16911)); or 

5 ‘‘(II) a crime involving a severe 

6 form of trafficking in persons (as de7 fined in section 103 of the Trafficking 

8 Victims Protection Act of 2000 (22 

9 U.S.C. 7102)). 

10 ‘‘(ii) REQUIREMENTS OF CRIMINAL

11 BACKGROUND CHECK.—A biometric crimi12 nal history check under subparagraph (A) 

13 shall be based on a set of fingerprints or 

14 other biometric identifiers and conducted 

15 through— 

16 ‘‘(I) the Identification Division of 

17 the Federal Bureau of Investigation; 

18 and 

19 ‘‘(II) criminal history repositories 

20 of all States that the individual lists 

21 as current or former residences.’’. 


jbell on DSK4SPTVN1PROD with BILLS
22 

•S 2666 PCS

1 SEC. 8. NATIONAL GUARD DEPLOYMENTS IN RESPONSE TO 

2 LARGE-SCALE BORDER CROSSINGS AND RE3 SOURCES FOR STATE AND LOCAL BORDER 

4 SECURITY EFFORTS. 

5 (a) NATIONAL GUARD DEPLOYMENTS.—Section 902 

6 of title 32, United States Code, is amended— 

7 (1) by striking ‘‘The Secretary’’ and inserting 

8 the following: 

9 ‘‘(a) IN GENERAL.—The Secretary’’; 

10 (2) by striking the comma after ‘‘Secretary’’; 

11 and 

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

13 ‘‘(b) MANDATORY REIMBURSEMENT.—If the gov14 ernor of a State deploys personnel of the National Guard 

15 in response to the apprehension of 6,000 or more unac16 companied alien children (as defined in section 462(g) of 

17 the Homeland Security Act of 2002 (6 U.S.C. 279(g))) 

18 who are nationals of countries other than Canada or Mex19 ico, the Secretary of Defense shall reimburse such State 

20 for any expenses incurred by the State as a result of such 

21 deployment.’’. 

22 (b) STATE AND LOCAL ASSISTANCE.— 

23 (1) IN GENERAL.—The Federal Emergency 

24 Management Agency shall enhance law enforcement 

25 preparedness, humanitarian responses, and operVerDate Mar 15 2010 23:49 Jul 28, 2014 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S2666.PCS S2666

jbell on DSK4SPTVN1PROD with BILLS
23 

•S 2666 PCS

1 ational readiness along the Southern border through 

2 Operation Stonegarden. 

3 (2) GRANTS AND REIMBURSEMENTS.— 

4 (A) IN GENERAL.—Amounts appropriated 

5 pursuant to paragraph (3) shall be used for 

6 grants and reimbursements to State and local 

7 governments in Border Patrol sectors on the 

8 Southern border for— 

9 (i) personnel, overtime, travel, and 

10 other costs related to combating illegal im11 migration and drug smuggling; and 

12 (ii) costs related to providing humani13 tarian relief to unaccompanied alien chil14 dren who have entered the United States. 

15 (B) FUNDING FOR STATE AND LOCAL GOV16 ERNMENTS.—Grants and reimbursements au17 thorized subparagraph (A) shall be made by the 

18 Federal Emergency Management Agency 

19 through a competitive process. 

20 (3) AUTHORIZATION OF APPROPRIATIONS.— 

21 (A) IN GENERAL.—There are authorized to 

22 be appropriated, for fiscal years 2014 and 

23 2015, such sums as may be necessary to carry 

24 out this subsection. 


jbell on DSK4SPTVN1PROD with BILLS
24 

•S 2666 PCS

1 (B) OFFSET.—Any amounts appropriated 

2 pursuant to subparagraph (A) shall be offset by 

3 an equal reduction in the amounts appropriated 

4 for other purposes. 

5 (C) RESCISSION.—If the reductions re6 quired under subparagraph (B) are not made 

7 during the 180-day period beginning on the 

8 date of the enactment of this Act, there shall be 

9 rescinded, from all unobligated amounts appro10 priated for any Federal agency (other than the 

11 Department of Defense), on a proportionate 

12 basis, an amount equal to the amount appro13 priated pursuant to subparagraph (A). 

14 (c) SCOPE OF NATIONAL GUARD AUTHORITY.—Sec15 tion 902 of title 32, United States Code, as amended by 

16 subsection (a), is further amended by adding at the end 

17 the following: 

18 ‘‘(c) SCOPE OF AUTHORITY.—Notwithstanding sec19 tion 1385 of title 18 or any other provision of law, Na20 tional Guard personnel who are deployed to conduct home21 land defense activities near an international border are au22 thorized to detain any person, and transfer such person 

23 to the custody of U.S. Border Patrol or another appro24 priate Federal law enforcement agency, if there is probable 


jbell on DSK4SPTVN1PROD with BILLS
25 

•S 2666 PCS

1 cause that such person has violated any Federal law relat2 ing to— 

3 ‘‘(1) immigration; 

4 ‘‘(2) drug trafficking; 

5 ‘‘(3) human trafficking; or 

6 ‘‘(4) terrorism.’’. 


jbell on DSK4SPTVN1PROD with BILLS
Calendar No. 491 

113TH CONGRESS 

2D SESSION S. 2666 

A BILL 

To prohibit future consideration of deferred action 

countries. companied alien children from noncontiguous sponse to large-scale border crossings of unacStates for National Guard deployments in rerequire the Secretary of Defense to reimburse United States across the southern border, and to the expedited processing of minors entering the aliens who are not in lawful status, to facilitate for childhood arrivals or work authorization for 

JULY 28, 2014 

Read the second time and placed on the calendar 


jbell on DSK4SPTVN1PROD with BILLS