II 

Calendar No. 528 

113TH CONGRESS 

2D SESSION S. 2773 

Making supplemental appropriations for the fiscal year ending September 

30, 2014, for border security, law enforcement, humanitarian assistance, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2014 

Mr. CORNYN (for himself, Mr. GRASSLEY, and Mr. MCCONNELL) introduced 

the following bill; which was read the first time 

AUGUST 1, 2014 

Read the second time and placed on the calendar 

A BILL 

Making supplemental appropriations for the fiscal year ending September 30, 2014, for border security, law enforcement, humanitarian assistance, 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 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2014, and for other pur6 poses, namely: 


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1 DIVISION A—SUPPLEMENTAL 

2 APPROPRIATIONS 

3 TITLE I 

4 DEPARTMENTS OF COMMERCE, JUSTICE, 

5 SCIENCE, AND RELATED AGENCIES 

6 DEPARTMENT OF JUSTICE

7 GENERAL ADMINISTRATION

8 ADMINISTRATIVE REVIEW AND APPEALS

9 For an additional amount for ‘‘Administrative Review 

10 and Appeals’’, $63,200,000, to remain available until Sep11 tember 30, 2015, as follows: 

12 (1) $54,000,000 for the Executive Office for 

13 Immigration Review to hire 54 Immigration Judge 

14 Teams, which shall be trained and assigned to adju15 dicate juvenile cases. 

16 (2) $6,700,000 for the Executive Office for Im17 migration Review for the purchase of video tele18 conferencing equipment, digital audio recording de19 vices, and other technology that will enable expanded 

20 immigration courtroom capacity and capability. 

21 (3) $2,500,000 for the Executive Office for Im22 migration Review’s Legal Orientation Program, of 

23 which not less than $1,000,000 shall be for the 

24 Legal Orientation Program for Custodians: 


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1 Provided, That not later than 15 days after the date 

2 of enactment of this Act, the Executive Office for 

3 Immigration Review shall submit a reorganization 

4 plan to the Committee on Appropriations of the Sen5 ate and the Committee on Appropriations of the 

6 House of Representatives that includes detailed 

7 plans for prioritizing the adjudication of non-de8 tained, unaccompanied alien children and specific 

9 plans to reassign Immigration Judge Teams to expe10 dite the adjudication of juveniles on the non-de11 tained docket: 

12 Provided further, That the submitted plan shall en13 sure that juveniles will appear before an immigration 

14 judge for an initial hearing not later than 10 days 

15 after the juvenile is apprehended. 

16 LEGAL ACTIVITIES

17 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

18 For an additional amount for ‘‘Salaries and Ex19 penses, General Legal Activities’’, $1,100,000, for nec20 essary expenses to respond to the significant rise in unac21 companied children and adults with children at the south22 west border and related activities, to remain available until 

23 September 30, 2014. 


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1 TITLE II 

2 DEPARTMENT OF HOMELAND SECURITY 

3 U. S. CUSTOMS AND BORDER PROTECTION

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’ to cover necessary expenses to respond to the sig7 nificant rise in unaccompanied alien children and adults 

8 with children at the Southwest border and related activi9 ties, including the acquisition, construction, improvement, 

10 repair, and management of facilities, and for necessary ex11 penses related to border security, $71,000,000, to remain 

12 available until September 30, 2015. 

13 U. S. IMMIGRATION AND CUSTOMS ENFORCEMENT

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Salaries and Ex16 penses’’ to cover necessary expenses to respond to the sig17 nificant rise in unaccompanied alien children and adults 

18 with children at the Southwest border and related activi19 ties, and for the necessary expenses for enforcement of 

20 immigration and customs law, detention and removals of 

21 adults with children crossing the border unlawfully, and 

22 investigations, $398,000,000, to remain available until 

23 September 30, 2015, of which, $50,000,000 shall be ex24 pended for 50 additional fugitive operations teams and not 

25 less than $14,000,000 shall be expended for vetted units 


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1 operations in Central America and human smuggling and 

2 trafficking investigations: Provided, That the Secretary of 

3 Homeland Security shall support no fewer than an addi4 tional 3,000 family and 800 other beds and substantially 

5 increase the availability and utilization of detention space 

6 for adults with children. 

7 GENERAL PROVISIONS

8 SEC. 201. (a) For an additional amount for meeting 

9 the data collection and reporting requirements of this Act 

10 , $5,000,000. 

11 (b) Notwithstanding section 503 of Division F of the 

12 Consolidated Appropriations Act, 2014 (Public Law 113– 

13 76), funds made available under subsection (a) for data 

14 collection and reporting requirements may be transferred 

15 by the Secretary of Homeland Security between appropria16 tions for the same purpose. 

17 (c) The Secretary may not make a transfer described 

18 in subsection (b) until 15 days after notifying the Com19 mittee on Appropriations of the Senate and the Committee 

20 on Appropriations of the House of Representatives of such 

21 transfer. 


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1 TITLE III 

2 DEPARTMENTS OF LABOR, HEALTH AND 

3 HUMAN SERVICES, AND EDUCATION, AND 

4 RELATED AGENCIES 

5 DEPARTMENT OF HEALTH AND HUMAN SERVICES

6 ADMINISTRATION FOR CHILDREN AND FAMILIES

7 REFUGEE AND ENTRANT ASSISTANCE

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Refugee and Entrant 

10 Assistance’’, $150,000,000, to be merged with and avail11 able for the same period and purposes as funds appro12 priated in Public Law 113–76 ‘‘for carrying out such sec13 tions 414, 501, 462, and 235’’: Provided, That funds ap14 propriated under this heading may also be used for other 

15 medical response expenses of the Department of Health 

16 and Human Services in assisting individuals identified 

17 under subsection (b) of such section 235: Provided further, 

18 That, the Secretary may, in this fiscal year and hereafter, 

19 accept and use money, funds, property, and services of any 

20 kind made available by gift, devise, bequest, grant, or 

21 other donation for carrying out such sections: Provided 

22 further, That funds appropriated under this heading for 

23 medical response expenses may be transferred to and 

24 merged with the ‘‘Public Health and Social Services Emer25 gency Fund’’: Provided further, That transfer authority 


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1 under this heading is subject to the regular notification 

2 procedures of the Committee on Appropriations of the 

3 Senate and the Committee on Appropriations of the House 

4 of Representatives. 

5 GENERAL PROVISIONS

6 (RESCISSION)

7 SEC. 301. Of the funds made available for perform8 ance bonus payments under section 2105(a)(3)(E) of the 

9 Social Security Act (42 U.S.C. 1397ee(a)(3)(E)), 

10 $1,700,000,000 is rescinded. 

11 TITLE IV 

12 GENERAL PROVISIONS—THIS TITLE 

13 REPATRIATION AND REINTEGRATION

14 SEC. 401. (a) Of the funds appropriated in titles III 

15 and IV of division K of Public Law 113–76, and in prior 

16 Acts making appropriations for the Department of State, 

17 foreign operations, and related programs, for assistance 

18 for the countries in Central America, up to $40,000,000 

19 shall be made available for such countries for repatriation 

20 and reintegration activities: Provided, That funds made 

21 available pursuant to this section may be obligated not22 withstanding subsections (c) and (e) of section 7045 of 

23 division K of Public Law 113–76. 

24 (b) Prior to the initial obligation of funds made avail25 able pursuant to this section, but not later than 15 days 


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1 after the date of enactment of this Act, and every 90 days 

2 thereafter until September 30, 2015, the Secretary of 

3 State, in consultation with the Administrator of the 

4 United States Agency for International Development, shall 

5 submit to the appropriate congressional committees a re6 port on the obligation of funds made available pursuant 

7 to this section by country and the steps taken by the gov8 ernment of each country to— 

9 (1) improve border security; 

10 (2) enforce laws and policies to stem the flow 

11 of illegal entries into the United States; 

12 (3) enact laws and implement new policies to 

13 stem the flow of illegal entries into the United 

14 States, including increasing penalties for human 

15 smuggling; 

16 (4) conduct public outreach campaigns to ex17 plain the dangers of the journey to the Southwest 

18 Border of the United States and to emphasize the 

19 lack of immigration benefits available; and 

20 (5) cooperate with United States Federal agen21 cies to facilitate and expedite the return, repatri22 ation, and reintegration of illegal migrants arriving 

23 at the Southwest Border of the United States. 

24 (c) The Secretary of State shall suspend assistance 

25 provided pursuant to this section to the government of a 


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1 country if such government is not making significant 

2 progress on each item described in paragraphs (1) through 

3 (5) of subsection (b): Provided, That assistance may only 

4 be resumed if the Secretary reports to the appropriate 

5 congressional committees that subsequent to the suspen6 sion of assistance such government is making significant 

7 progress on each of the items enumerated in such sub8 section. 

9 (d) Funds made available pursuant to this section 

10 shall be subject to the regular notification procedures of 

11 the Committee on Appropriations of the Senate and the 

12 Committee on Appropriations of House of Representatives 

13 and the Senate. 

14 TITLE V 

15 GENERAL PROVISIONS — THIS ACT

16 SEC. 501. Not later than 30 days after the date of 

17 the enactment of this Act, the Attorney General, working 

18 in coordination with the Secretary of Homeland Security 

19 and the Secretary of Health and Human Services, shall 

20 institute a process for collecting, exchanging, and sharing 

21 specific data pertaining to individuals whose cases will be 

22 adjudicated by the Executive Office for Immigration Re23 view that ensures that— 

24 (1) the Department of Justice is capable of 

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1 ment of Homeland Security and the Department of 

2 Health and Human Services related to the appre3 hension, processing, detention, placement, and adju4 dication of such individuals, including unaccom5 panied alien children; 

6 (2) case files prepared by the Department of 

7 Homeland Security after an individual has been 

8 issued a notice to appear are electronically inte9 grated with information collected by the Department 

10 of Justice’s Executive Office for Immigration Review 

11 during the adjudication process; 

12 (3) cases are coded to reflect immigration sta13 tus and appropriate categories at apprehension, such 

14 as unaccompanied alien children and family units; 

15 (4) information pertaining to cases and dockets 

16 are collected and maintained by the Department of 

17 Justice in an electronic, searchable database that in18 cludes— 

19 (A) the status of the individual appearing 

20 before the court upon apprehension; 

21 (B) the docket upon which the case is 

22 placed; 

23 (C) the individual’s presence for court pro24 ceedings; 

25 (D) the final disposition of each case; 


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1 (E) the number of days each case re2 mained on the docket before final disposition; 

3 and 

4 (F) any other information the Attorney 

5 General determines to be necessary and appro6 priate; and 

7 (5) the final disposition of an adjudication or 

8 an order of removal is electronically submitted to— 

9 (A) the Department of Homeland Security; 

10 and 

11 (B) the Department of Health and Human 

12 Services, if appropriate. 

13 SEC. 502. Not later than 30 days after the date of 

14 enactment of this Act, the Secretary of Homeland Secu15 rity, working in coordination with the Attorney General 

16 and the Secretary of Health and Human Services, shall 

17 institute a process for collecting, exchanging, and sharing 

18 specific data pertaining to individuals who are appre19 hended or encountered for immigration enforcement pur20 poses by the Department of Homeland Security that en21 sures that— 

22 (1) case files prepared by the Department of 

23 Homeland Security after an individual has been 

24 issued a notice to appear are electronically trans25 mitted to— 


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1 (A) the Department of Justice’s Executive 

2 Office for Immigration Review for integration 

3 with case files prepared during the adjudication 

4 process; and 

5 (B) to the Department of Health and 

6 Human Services, as appropriate, if the files re7 late to unaccompanied alien children; 

8 (2) the Department of Homeland Security is 

9 capable of electronically receiving information per10 taining to the disposition of an adjudication, includ11 ing removal orders and the individual’s failure to ap12 pear for proceedings, from the Department of Jus13 tice’s Executive Office for Immigration Review; and 

14 (3) information is collected and shared with the 

15 Department of Justice regarding the immigration 

16 status and appropriate categories of such individuals 

17 at the time of apprehension, such as— 

18 (A) unaccompanied alien children or family 

19 units; 

20 (B) the location of their apprehension; 

21 (C) the number of days they remain in the 

22 custody of the Department of Homeland Secu23 rity; 

24 (D) the reason for releasing the individual 

25 from custody; 


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1 (E) the geographic location of their resi2 dence, if released from custody; 

3 (F) any action taken by the Department of 

4 Homeland Security after receiving information 

5 from the Department of Justice regarding an 

6 individual’s failure to appear before the court; 

7 (G) any action taken by the Department of 

8 Homeland Security after receiving information 

9 from the Department of Justice regarding the 

10 disposition of an adjudication; and 

11 (H) any other information that the Sec12 retary of Homeland Security determines to be 

13 necessary and appropriate. 

14 SEC. 503. Not later than 30 days after the date of 

15 the enactment of this Act, the Secretary of Health and 

16 Human Services, working in coordination with the Attor17 ney General and the Secretary of Homeland Security, shall 

18 institute a process for collecting, exchanging, and sharing 

19 specific data pertaining to unaccompanied alien children 

20 that ensures that— 

21 (1) the Department of Health and Human 

22 Services is capable of electronically receiving infor23 mation from the Department of Homeland Security 

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1 hension, processing, placement, and adjudication of 

2 unaccompanied alien children; 

3 (2) the Department of Health and Human 

4 Services shares information with the Department of 

5 Homeland Security regarding its capacity and capa6 bility to meet the 72-hour mandate required under 

7 section 235(b)(3) of the William Wilberforce Traf8 ficking Victims Protection Reauthorization Act of 

9 2008 (8 U.S.C. 1232(b)(3)); and 

10 (3) information is collected and shared with the 

11 Department of Justice and the Department of 

12 Homeland Security regarding— 

13 (A) the number of days a child remained 

14 in the custody of the Department of Health and 

15 Human Services; 

16 (B) whether the child was placed in a facil17 ity operated by the Department of Defense; 

18 (C) for children placed with a sponsor— 

19 (i) the number of children placed with 

20 the sponsor; 

21 (ii) the relationship of the sponsor 

22 taking custody of the child; 

23 (iii) the type of background check 

24 conducted on the potential sponsor; and 


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1 (iv) the geographic location of the 

2 sponsor; and 

3 (D) any other information the Attorney 

4 General or the Secretary of Homeland Security 

5 determines to be necessary and appropriate. 

6 SEC. 504. The budgetary effects of this Act, for the 

7 purpose of complying with the Statutory Pay-As-You-Go8 Act of 2010, shall be determined by reference to the latest 

9 statement titled ‘‘Budgetary Effects of PAYGO Legisla10 tion’’ for this Act, submitted for printing in the Congres11 sional Record by the Chairman of the Senate Budget Com12 mittee, provided that such statement has been submitted 

13 prior to the vote on passage. 

14 SEC. 505. This Act may be cited as the ‘‘Protecting 

15 Children and America’s Homeland Act of 2014’’. 


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1 DIVISION B—UNACCOMPANIED 

2 ALIEN CHILDREN AND BOR3 DER SECURITY 

4 TITLE X—UNACCOMPANIED 

5 ALIEN CHILDREN 

6 Subtitle A—Protection and Due 

7 Process for Unaccompanied 

8 Alien Children 

9 SEC. 1001. REPATRIATION OF UNACCOMPANIED ALIEN 

10 CHILDREN. 

11 Section 235(a) of the William Wilberforce Trafficking 

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

13 1232(a)) is amended— 

14 (1) in paragraph (2)— 

15 (A) by amending the paragraph heading to 

16 read as follows: ‘‘RULES FOR UNACCOMPANIED

17 ALIEN CHILDREN.—’’; 

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

19 preceding clause (i), by striking ‘‘who is a na20 tional or habitual resident of a country that is 

21 contiguous with the United States’’; and 

22 (C) in subparagraph (C)— 

23 (i) by amending the subparagraph 

24 heading to read as follows: ‘‘AGREEMENTS

25 WITH FOREIGN COUNTRIES.—’’; and 


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

2 by striking ‘‘countries contiguous to the 

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

4 Salvador, Guatemala, Honduras, Mexico, 

5 and any other foreign country that the 

6 Secretary determines appropriate’’; 

7 (2) by redesignating paragraphs (3), (4), and 

8 (5) as paragraphs (4), (5), and (6), respectively; 

9 (3) inserting after paragraph (2) the following: 

10 ‘‘(3) MANDATORY EXPEDITED REMOVAL OF

11 CRIMINALS AND GANG MEMBERS.—Notwithstanding 

12 any other provision of law, the Secretary of Home13 land Security shall place an unaccompanied alien 

14 child in a proceeding in accordance with section 235 

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

16 1225a) if, the Secretary determines or has reason to 

17 believe the alien— 

18 ‘‘(A) has been convicted of any offense car19 rying a maximum term of imprisonment of 

20 more than 180 days; 

21 ‘‘(B) has been convicted of an offense 

22 which involved— 

23 ‘‘(i) domestic violence (as defined in 

24 section 40002(a) of the Violence Against 

25 Women Act of 1994 (42 U.S.C. 13925(a)); 


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1 ‘‘(ii) child abuse and neglect (as de2 fined in section 40002(a) of the Violence 

3 Against Women Act of 1994 (42 U.S.C. 

4 13925(a)); 

5 ‘‘(iii) assault resulting in bodily injury 

6 (as defined in section 2266 of title 18, 

7 United States Code); 

8 ‘‘(iv) the violation of a protection 

9 order (as defined in section 2266 of title 

10 18, United States Code); 

11 ‘‘(v) driving while intoxicated (as de12 fined in section 164 of title 23, United 

13 States Code); or 

14 ‘‘(vi) any offense under foreign law, 

15 except for a purely political offense, which, 

16 if the offense had been committed in the 

17 United States, would render the alien inad18 missible under section 212(a) of the Immi19 gration and Nationality Act (8 U.S.C. 

20 1182(a)); 

21 ‘‘(C) has been convicted of more than 1 

22 criminal offense (other than minor traffic of23 fenses); 

24 ‘‘(D) has engaged in, is engaged in, or is 

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1 tivity (as defined in section 212(a)(3)(B)(iii) of 

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

3 1182(a)(3)(B)(iii)), or intends to participate or 

4 has participated in the activities of a foreign 

5 terrorist organization (as designated under sec6 tion 219 of the Immigration and Nationality 

7 Act (8 U.S.C. 1189)); 

8 ‘‘(E) is or was a member of a criminal 

9 gang (as defined in paragraph (53) of section 

10 101(a) of the Immigration and Nationality Act 

11 (8 U.S.C. 1101(a)); 

12 ‘‘(F) provided materially false, fictitious, or 

13 fraudulent information regarding age or iden14 tity to the United States Government with the 

15 intent to wrongfully be classified as an unac16 companied alien child; or 

17 ‘‘(G) has entered the United States more 

18 than 1 time in violation of section 275(a) of the 

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

20 1325(a)), knowing that the entry was unlaw21 ful.’’; and 

22 (4) in subparagraph (D) of paragraph (6), as 

23 redesignated by paragraph (2)— 

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1 ESS AND SCREENING FOR UNACCOMPANIED

2 ALIEN CHILDREN.—’’; 

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

4 striking ‘‘, except for an unaccompanied alien 

5 child from a contiguous country subject to the 

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

7 and inserting ‘‘who meets the criteria listed in 

8 paragraph (2)(A)—’’; 

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

10 following: 

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

12 accordance with section 235B of the Immi13 gration and Nationality Act, which shall 

14 commence not later than 7 days after the 

15 screening of an unaccompanied alien child 

16 described in paragraph (4);’’; 

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

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

19 (E) by inserting after clause (i) the fol20 lowing: 

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

22 of a nongovernmental sponsor or otherwise 

23 released from the immediate custody of the 

24 United States Government until the child 

25 is repatriated unless the child— 


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1 ‘‘(I) is the subject of an order 

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

4 ‘‘(II) is placed or released in ac5 cordance with subsection (c)(2)(C) of 

6 this section.’’; 

7 (F) in clause (iii), as redesignated, by in8 serting ‘‘is’’ before ‘‘eligible’’; and 

9 (G) in clause (iv), as redesignated, by in10 serting ‘‘shall be’’ before ‘‘provided’’. 

11 SEC. 1002. EXPEDITED DUE PROCESS AND SCREENING FOR 

12 UNACCOMPANIED ALIEN CHILDREN. 

13 (a) HUMANE AND EXPEDITED INSPECTION AND

14 SCREENING FOR UNACCOMPANIED ALIEN CHILDREN.— 

15 (1) IN GENERAL.—Chapter 4 of title II of the 

16 Immigration and Nationality Act (8 U.S.C. 1221 et 

17 seq.) is amended by inserting after section 235A the 

18 following: 

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

20 SCREENING FOR UNACCOMPANIED ALIEN 

21 CHILDREN. 

22 ‘‘(a) ASYLUM OFFICER DEFINED.—In this section, 

23 the term ‘asylum officer’ means an immigration officer 

24 who— 


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

2 conditions, asylum law, and interview techniques 

3 comparable to that provided to full-time adjudicators 

4 of applications under section 208; and 

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

6 ‘‘(A) meets the condition described in 

7 paragraph (1); and 

8 ‘‘(B) has had substantial experience adju9 dicating asylum applications. 

10 ‘‘(b) PROCEEDING.— 

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

12 the screening of an unaccompanied alien child under 

13 section 235(a)(5) of the William Wilberforce Traf14 ficking Victims Protection Reauthorization Act of 

15 2008 (8 U.S.C. 1232(a)(5)), an immigration judge 

16 shall conduct and conclude a proceeding to inspect, 

17 screen, and determine the status of the unaccom18 panied alien child who is an applicant for admission 

19 to the United States. 

20 ‘‘(2) TIME LIMIT.—Not later than 72 hours 

21 after the conclusion of a proceeding with respect to 

22 an unaccompanied alien child under this section, the 

23 immigration judge who conducted such proceeding 

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

25 ‘‘(c) CONDUCT OF PROCEEDING.— 


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

2 The immigration judge conducting a proceeding 

3 under this section— 

4 ‘‘(A) shall administer oaths, receive evi5 dence, and interrogate, examine, and cross-ex6 amine the unaccompanied alien child and any 

7 witnesses; 

8 ‘‘(B) may issue subpoenas for the attend9 ance of witnesses and presentation of evidence; 

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

11 money penalty any action (or inaction) in con12 tempt of the judge’s proper exercise of author13 ity under this Act; and 

14 ‘‘(D) shall determine whether the unac15 companied alien child meets any of the criteria 

16 set out in subparagraphs (A) through (G) of 

17 paragraph (3) of section 235(a) of the William 

18 Wilberforce Trafficking Victims Protection Re19 authorization Act of 2008 (8 U.S.C. 1232(a)), 

20 and if so, order the alien removed under sub21 section (e)(2) of this section. 

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

23 under this section may take place— 

24 ‘‘(A) in person; 


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

2 in the absence of the unaccompanied alien child; 

3 ‘‘(C) through video conference; or 

4 ‘‘(D) through telephone conference. 

5 ‘‘(3) PRESENCE OF ALIEN.—If it is impracti6 cable by reason of the mental incompetency of the 

7 unaccompanied alien child for the alien to be present 

8 at the proceeding, the Attorney General shall pre9 scribe safeguards to protect the rights and privileges 

10 of the alien. 

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

12 under this section— 

13 ‘‘(A) the unaccompanied alien child shall 

14 be given the privilege of being represented, at 

15 no expense to the Government, by counsel of 

16 the alien’s choosing who is authorized to prac17 tice in the proceedings; 

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

19 opportunity— 

20 ‘‘(i) to examine the evidence against 

21 the alien; 

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

23 own behalf; and 

24 ‘‘(iii) to cross-examine witnesses pre25 sented by the Government; 


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

2 (B) shall not entitle the alien— 

3 ‘‘(i) to examine such national security 

4 information as the Government may prof5 fer in opposition to the alien’s admission to 

6 the United States; or 

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

8 discretionary relief under this Act; and 

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

10 testimony and evidence produced at the pro11 ceeding. 

12 ‘‘(5) WITHDRAWAL OF APPLICATION FOR AD13 MISSION.—An unaccompanied alien child applying 

14 for admission to the United States may, and at any 

15 time prior to the issuance of a final order of re16 moval, be permitted to withdraw the application and 

17 immediately be returned to the alien’s country of na18 tionality or country of last habitual residence. 

19 ‘‘(6) CONSEQUENCES OF FAILURE TO AP20 PEAR.—An unaccompanied alien child who does not 

21 attend a proceeding under this section, shall be or22 dered removed, except under exceptional cir23 cumstances where the alien’s absence is the fault of 

24 the Government, a medical emergency, or an act of 

25 nature. 


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

2 ‘‘(1) DECISION.— 

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

4 proceeding under this section, the immigration 

5 judge shall determine whether an unaccom6 panied alien child is likely to be— 

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

8 or 

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

10 from removal under this Act. 

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

12 the immigration judge under subparagraph (A) 

13 shall be based only on the evidence produced at 

14 the hearing. 

15 ‘‘(2) BURDEN OF PROOF.— 

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

17 this section, an unaccompanied alien child who 

18 is an applicant for admission has the burden of 

19 establishing, by a preponderance of the evi20 dence, that the alien— 

21 ‘‘(i) is likely to be entitled to be law22 fully admitted to the United States or eli23 gible for any form of relief from removal 

24 under this Act; or 


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

2 States pursuant to a prior admission. 

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

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

5 the alien shall be given access to— 

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

7 document, if any; and 

8 ‘‘(ii) any other records and docu9 ments, not considered by the Attorney 

10 General to be confidential, pertaining to 

11 the alien’s admission or presence in the 

12 United States. 

13 ‘‘(e) ORDERS.— 

14 ‘‘(1) PLACEMENT IN FURTHER PRO15 CEEDINGS.—If an immigration judge determines 

16 that the unaccompanied alien child has met the bur17 den of proof under subsection (d)(2), the immigra18 tion judge shall— 

19 ‘‘(A) order the alien to be placed in further 

20 proceedings in accordance with section 240; and 

21 ‘‘(B) order the Secretary of Homeland Se22 curity to place the alien on the U.S. Immigra23 tion and Customs Enforcement detained docket 

24 for purposes of carrying out such proceedings. 


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

2 judge determines that the unaccompanied alien child 

3 has not met the burden of proof required under sub4 section (d)(2), the judge shall order the alien re5 moved from the United States without further hear6 ing or review unless the alien claims— 

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

8 under section 208; or 

9 ‘‘(B) a fear of persecution. 

10 ‘‘(3) CLAIMS FOR ASYLUM.—If an unaccom11 panied alien child described in paragraph (2) claims 

12 an intention to apply for asylum under section 208 

13 or a fear of persecution, the immigration judge shall 

14 order the alien referred for an interview by an asy15 lum officer under subsection (f). 

16 ‘‘(f) ASYLUM INTERVIEWS.— 

17 ‘‘(1) CREDIBLE FEAR OF PERSECUTION DE18 FINED.—In this subsection, the term ‘credible fear 

19 of persecution’ means, after taking into account the 

20 credibility of the statements made by an unaccom21 panied alien child in support of the alien’s claim and 

22 such other facts as are known to the asylum officer, 

23 there is a significant possibility that the alien could 

24 establish eligibility for asylum under section 208. 


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1 ‘‘(2) CONDUCT BY ASYLUM OFFICER.—An asy2 lum officer shall conduct the interviews of an unac3 companied alien child referred under subsection 

4 (e)(3). 

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

6 asylum officer determines at the time of the inter7 view that an unaccompanied alien child has a cred8 ible fear of persecution, the alien shall be held in the 

9 custody of the Secretary for Health and Human 

10 Services pursuant to section 235(b) of the William 

11 Wilberforce Trafficking Victims Protection Reau12 thorization Act of 2008 (8 U.S.C. 1232(b)) during 

13 further consideration of the application for asylum. 

14 ‘‘(4) REMOVAL WITHOUT FURTHER REVIEW IF

15 NO CREDIBLE FEAR OF PERSECUTION.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (C), if the asylum officer determines that 

18 an unaccompanied alien child does not have a 

19 credible fear of persecution, the asylum officer 

20 shall order the alien removed from the United 

21 States without further hearing or review. 

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

23 asylum officer shall prepare a written record of 

24 a determination under subparagraph (A), which 

25 shall include— 


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

2 as stated by the alien; 

3 ‘‘(ii) such additional facts (if any) re4 lied upon by the asylum officer; 

5 ‘‘(iii) the asylum officer’s analysis of 

6 why, in light of such facts, the alien has 

7 not established a credible fear of persecu8 tion; and 

9 ‘‘(iv) a copy of the asylum officer’s 

10 interview notes. 

11 ‘‘(C) REVIEW OF DETERMINATION.— 

12 ‘‘(i) RULEMAKING.—The Attorney 

13 General shall establish, by regulation, a 

14 process by which an immigration judge will 

15 conduct a prompt review, upon the alien’s 

16 request, of a determination under subpara17 graph (A) that the alien does not have a 

18 credible fear of persecution. 

19 ‘‘(ii) MANDATORY COMPONENTS.— 

20 The review described in clause (i)— 

21 ‘‘(I) shall include an opportunity 

22 for the alien to be heard and ques23 tioned by the immigration judge, ei24 ther in person or by telephonic or 

25 video connection; and 


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1 ‘‘(II) shall be concluded as expe2 ditiously as possible, to the maximum 

3 extent practicable within 24 hours, 

4 but in no case later than 7 days after 

5 the date of the determination under 

6 subparagraph (A). 

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 an application for asylum under this sub17 section; and 

18 ‘‘(ii) after a determination under this 

19 subsection that the alien does not have a 

20 credible fear of persecution, until the alien 

21 is removed. 

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

23 ‘‘(1) IN GENERAL.—Except as provided in sub24 section (f)(4)(C) and paragraph (2), a removal order 


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

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

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

4 shall establish, by regulation, a process for the 

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

6 against an alien who claims under oath, or as per7 mitted under penalty of perjury under section 1746 

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

9 warned of the penal ties for falsely making such 

10 claim under such conditions to have been— 

11 ‘‘(A) lawfully admitted for permanent resi12 dence; 

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

14 207; or 

15 ‘‘(C) granted asylum under section 208. 

16 ‘‘(h) LAST IN, FIRST OUT.—In any proceedings, de17 terminations, or removals under this section, priority shall 

18 be accorded to the alien who has most recently arrived 

19 in the United States.’’. 

20 (2) CLERICAL AMENDMENT.—The table of con21 tents in the first section of the Immigration and Na22 tionality Act is amended by inserting after the item 

23 relating to section 235A the following: 

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


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

2 Section 242 of the Immigration and Nationality Act (8 

3 U.S.C. 1252) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1), by striking ‘‘section 

6 235(b)(1))’’ and inserting ‘‘section 235(b)(1) or 

7 an order of removal issued to an unaccom8 panied alien child after proceedings under sec9 tion 235B’’; and 

10 (B) in paragraph (2)— 

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

12 after ‘‘section 235(b)(1)’’ each place it ap13 pears; and 

14 (ii) in subparagraph (A)— 

15 (I) in the subparagraph heading, 

16 by inserting ‘‘OR 235B’’ after ‘‘SEC17 TION 235(B)(1)’’; and 

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

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

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

21 and 

22 (2) in subsection (e)— 

23 (A) in the subsection heading, by inserting 

24 ‘‘OR 235B’’ after ‘‘SECTION 235(B)(1)’’; 


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

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

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

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

5 235(b)(1)(C)’’; and 

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

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

8 SEC. 1003. EXPEDITED DUE PROCESS FOR UNACCOM9 PANIED ALIEN CHILDREN PRESENT IN THE 

10 UNITED STATES. 

11 (a) SPECIAL MOTIONS FOR UNACCOMPANIED ALIEN

12 CHILDREN.— 

13 (1) FILING AUTHORIZED.—During the 60-day 

14 period beginning on the date of the enactment of 

15 this Act, the Secretary of Homeland Security shall, 

16 notwithstanding any other provision of law, permit 

17 an unaccompanied alien child who was issued a no18 tice to appear under section 239 of the Immigration 

19 and Nationality Act (8 U.S.C. 1229) during the pe20 riod beginning on January 1, 2013, and ending on 

21 the date of the enactment of this Act— 

22 (A) to appear, in-person, before an immi23 gration judge who has been authorized by the 

24 Attorney General to conduct proceedings under 


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1 section 235B of the Immigration and Nation2 ality Act, as added by section 1002; 

3 (B) to attest that the unaccompanied alien 

4 child desires to apply for admission to the 

5 United States; and 

6 (C) to file a motion— 

7 (i) to replace any notice to appear 

8 issued between January 1, 2013, and the 

9 date of the enactment of this Act under 

10 such section 239 that has not resulted in 

11 a final order of removal; and 

12 (ii) to apply for admission to the 

13 United States by being placed in pro14 ceedings under such section 235B. 

15 (2) ADJUDICATION OF MOTION.—An immigra16 tion judge may, at the sole and unreviewable discre17 tion of the judge, grant a motion filed under para18 graph (1)(C) upon a finding that— 

19 (A) the petitioner was an unaccompanied 

20 alien child (as defined in section 235 of the Wil21 liam Wilberforce Trafficking Victims Protection 

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

23 on the date on which a notice to appear was 

24 issued to the alien under section 239 of the Im25 migration and Nationality Act (8 U.S.C. 1229); 


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1 (B) the notice to appear was issued during 

2 the period beginning on January 1, 2013, and 

3 ending on the date of the enactment of this Act; 

4 (C) the unaccompanied alien child is apply5 ing for admission to the United States; and 

6 (D) the granting of such motion would not 

7 be manifestly unjust. 

8 (3) EFFECT OF MOTION.—Notwithstanding any 

9 other provision of law, upon the granting of a mo10 tion to replace a notice to appear under paragraph 

11 (2), the immigration judge who granted such motion 

12 shall— 

13 (A) while the petitioner remains in-person, 

14 immediately inspect and screen the petitioner 

15 for admission to the United States by con16 ducting a proceeding under section 235B of the 

17 Immigration and Nationality Act, as added by 

18 section 1002; 

19 (B) immediately notify the petitioner of the 

20 petitioner’s ability, under section 235B(c)(5) of 

21 the Immigration and Nationality Act to with22 draw the petitioner’s application for admission 

23 to the United States and immediately be re24 turned to the petitioner’s country of nationality 

25 or country of last habitual residence; and 


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1 (C) replace the petitioner’s notice to ap2 pear with an order under section 235B(e) of 

3 the Immigration and Nationality Act. 

4 (4) PROTECTIVE CUSTODY.—An unaccompanied 

5 alien child who has been granted a motion under 

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

7 Secretary of Health and Human Services pursuant 

8 to section 235 of the William Wilberforce Traf9 ficking Victims Protection Reauthorization Act of 

10 2008 (8 U.S.C. 1232). 

11 SEC. 1004. CHILD WELFARE AND LAW ENFORCEMENT IN12 FORMATION SHARING. 

13 Section 235(b) of the William Wilberforce Trafficking 

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

15 1232(b)) is amended by adding at the end the following: 

16 ‘‘(5) INFORMATION SHARING.— 

17 ‘‘(A) IMMIGRATION STATUS.—If the Sec18 retary of Health and Human Services considers 

19 placement of an unaccompanied alien child with 

20 a potential sponsor, the Secretary of Homeland 

21 Security shall provide to the Secretary of 

22 Health and Human Services the immigration 

23 status of such potential sponsor prior to the 

24 placement of the unaccompanied alien child. 


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1 ‘‘(B) OTHER INFORMATION.—The Sec2 retary of Health and Human Services shall pro3 vide to the Secretary of Homeland Security and 

4 the Attorney General any relevant information 

5 related to an unaccompanied alien child who is 

6 or has been in the custody of the Secretary of 

7 Health and Human Services, including the loca8 tion of the child and any person to whom cus9 tody of the child has been transferred, for any 

10 legitimate law enforcement objective, including 

11 enforcement of the immigration laws.’’. 

12 SEC. 1005. ACCOUNTABILITY FOR CHILDREN AND TAX13 PAYERS. 

14 Section 235(b) of the William Wilberforce Trafficking 

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

16 1232(b)), as amended by section 1004, is further amended 

17 by inserting at the end the following: 

18 ‘‘(6) INSPECTION OF FACILITIES.—The Inspec19 tor General of the Department of Health and 

20 Human Services shall conduct regular inspections of 

21 facilities utilized by the Secretary of Health and 

22 Human Services to provide care and custody of an 

23 unaccompanied alien children who are in the imme24 diate custody of the Secretary to ensure that such 


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1 facilities are operated in the most efficient manner 

2 practicable. 

3 ‘‘(7) FACILITY OPERATIONS COSTS.—The Sec4 retary of Health and Human Services shall ensure 

5 that facilities utilized to provide care and custody of 

6 unaccompanied alien children are operated efficiently 

7 and at a rate of cost that is not greater than $500 

8 per day for each child housed or detained at such fa9 cility, unless the Secretary certifies that compliance 

10 with this requirement is temporarily impossible due 

11 to emergency circumstances.’’. 

12 SEC. 1006. CUSTODY OF UNACCOMPANIED ALIEN CHIL13 DREN IN FORMAL REMOVAL PROCEEDING. 

14 Section 235(c) of the William Wilberforce Trafficking 

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

16 1232(c)) is amended— 

17 (1) in paragraph (2) by inserting at the end the 

18 following: 

19 ‘‘(C) CHILDREN IN FORMAL REMOVAL

20 PROCEEDINGS.— 

21 ‘‘(i) LIMITATION ON PLACEMENT.— 

22 An unaccompanied alien child who has 

23 been placed in a proceeding under section 

24 240 of the Immigration and Nationality 

25 Act (8 U.S.C. 1229a) may not be placed in 


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1 the custody of a nongovernmental sponsor 

2 or otherwise released from the immediate 

3 custody of the United States Government 

4 unless— 

5 ‘‘(I) the nongovernmental spon6 sor is a biological or adoptive parent 

7 of the unaccompanied alien child; 

8 ‘‘(II) the parent is legally present 

9 in the United States at the time of 

10 the placement; 

11 ‘‘(III) the parent has undergone 

12 a mandatory biometric criminal his13 tory check; and 

14 ‘‘(IV) the Secretary of Health 

15 and Human Services has determined 

16 that the unaccompanied alien child is 

17 not a danger to self, danger to the 

18 community, or risk of flight. 

19 ‘‘(ii) EXCEPTIONS.—If the Secretary 

20 of Health and Human Services determines 

21 that an unaccompanied alien child is a vic22 tim of severe forms of trafficking in per23 sons (as defined in section 103 of the 

24 Trafficking Victims Protection Act of 2000 

25 (22 U.S.C. 7102)), a special needs child 


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1 with a disability (as defined in section 3 of 

2 the Americans with Disabilities Act of 

3 1990 (42 U.S.C. 12102)), a child who has 

4 been a victim of physical or sexual abuse 

5 under circumstances that indicate that the 

6 child’s health or welfare has been signifi7 cantly harmed or threatened, or a child 

8 with mental health needs that require on9 going assistance from a social welfare 

10 agency, the unaccompanied alien child may 

11 be placed with a grandparent or adult sib12 ling if the grandparent or adult sibling 

13 meets the requirements set out in sub14 clauses (II), (III), and (IV) of clause (i). 

15 ‘‘(iii) MONITORING.— 

16 ‘‘(I) IN GENERAL.—An unaccom17 panied alien child who is 15, 16, or 17 

18 years of age placed with a nongovern19 mental sponsor or, in the case of an 

20 unaccompanied alien child younger 

21 than 15 years of age placed with a 

22 nongovernmental sponsor, such non23 governmental sponsor shall— 

24 ‘‘(aa) enroll in the alter25 native to detention program of 


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1 U.S. Immigration and Customs 

2 Enforcement; and 

3 ‘‘(bb) continuously wear an 

4 electronic ankle monitor while the 

5 unaccompanied alien child is in 

6 removal proceedings. 

7 ‘‘(II) PENALTY FOR MONITOR

8 TAMPERING.—If an electronic ankle 

9 monitor required by subclause (I) is 

10 tampered with, the sponsor of the un11 accompanied alien child shall be sub12 ject to a civil penalty of $150 for each 

13 day the monitor is not functioning due 

14 to the tampering, up to a maximum of 

15 $3,000. 

16 ‘‘(iv) EFFECT OF VIOLATION OF CON17 DITIONS.—The Secretary of Health and 

18 Human Services shall remove an unaccom19 panied alien child from a sponsor if the 

20 sponsor violates the terms of the agree21 ment specifying the conditions under which 

22 the alien was placed with the sponsor. 

23 ‘‘(v) FAILURE TO APPEAR.— 

24 ‘‘(I) CIVIL PENALTY.—If an un25 accompanied alien child is placed with 


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1 a sponsor and fails to appear in a 

2 mandatory court appearance, the 

3 sponsor shall be subject to a civil pen4 alty of $250 for each day until the 

5 alien appears in court, up to a max6 imum of $5,000. 

7 ‘‘(II) BURDEN OF PROOF.—The 

8 sponsor is not subject to the penalty 

9 imposed under subclause (I) if the 

10 sponsor— 

11 ‘‘(aa) appears in person and 

12 proves to the immigration court 

13 that the failure to appear by the 

14 unaccompanied alien child was 

15 not the fault of the sponsor; and 

16 ‘‘(bb) supplies the immigra17 tion court with documentary evi18 dence that supports the assertion 

19 described in item (aa). 

20 ‘‘(vi) PROHIBITION ON PLACEMENT

21 WITH SEX OFFENDERS AND HUMAN TRAF22 FICKERS.—The Secretary of Health and 

23 Human Services may not place an unac24 companied alien child under this subpara25 graph in the custody of an individual who 


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1 has been convicted of, or the Secretary has 

2 reason to believe was otherwise involved in 

3 the commission of— 

4 ‘‘(I) a sex offense (as defined in 

5 section 111 of the Sex Offender Reg6 istration and Notification Act (42 

7 U.S. 16911)); or 

8 ‘‘(II) a crime involving severe 

9 forms of trafficking in persons (as de10 fined in section 103 of the Trafficking 

11 Victims Protection Act of 2000 (22 

12 U.S.C. 7102)). 

13 ‘‘(vii) REQUIREMENTS OF CRIMINAL

14 BACKGROUND CHECK.—A biometric crimi15 nal history check required by clause (i)(IV) 

16 shall be conducted using a set of finger17 prints or other biometric identifier 

18 through— 

19 ‘‘(I) the Federal Bureau of Inves20 tigation; 

21 ‘‘(II) criminal history repositories 

22 of all States that the individual lists 

23 as current or former residences; and 

24 ‘‘(III) any other State or Federal 

25 database or repository that the SecVerDate Mar 15 2010 00:08 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S2773.PCS S2773

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1 retary of Health and Human Services 

2 determines is appropriate.’’. 

3 SEC. 1007. FRAUD IN CONNECTION WITH THE TRANSFER OF 

4 CUSTODY OF UNACCOMPANIED ALIEN CHIL5 DREN. 

6 (a) IN GENERAL.—Chapter 47 of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 1041. Fraud in connection with the transfer of cus10 tody of unaccompanied alien children 

11 ‘‘(a) IN GENERAL.—It shall be unlawful for a person 

12 to obtain custody of an unaccompanied alien child (as de13 fined in section 462(g) of the Homeland Security Act of 

14 2002 (6 U.S.C. 279(g)) by— 

15 ‘‘(1) making any materially false, fictitious, or 

16 fraudulent statement or representation; or 

17 ‘‘(2) making or using any false writing or docu18 ment knowing the same to contain any materially 

19 false, fictitious, or fraudulent statement or entry. 

20 ‘‘(b) PENALTIES.— 

21 ‘‘(1) IN GENERAL.—Any person who violates, or 

22 attempts or conspires to violate, this section shall be 

23 fined under this title and imprisoned for not less 

24 than 1 year. 


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1 ‘‘(2) ENHANCED PENALTY FOR TRAF2 FICKING.—If the primary purpose of the violation, 

3 attempted violation, or conspiracy to violate this sec4 tion was to subject the child to sexually explicit ac5 tivity or any other form of exploitation, the offender 

6 shall be fined under this title and imprisoned for not 

7 less than 15 years.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 for chapter 47 of title 18, United States Code, is amended 

10 by inserting after the item relating to section 1040 the 

11 following: 

‘‘1041. Fraud in connection with the transfer of custody of unaccompanied alien 

children.’’. 

12 SEC. 1008. NOTIFICATION OF STATES, REPORTING, AND 

13 MONITORING. 

14 (a) NOTIFICATION.—Section 235 of the William Wil15 berforce Trafficking Victims Protection Reauthorization 

16 Act of 2008 (8 U.S.C. 1232) is amended by adding at 

17 the end the following: 

18 ‘‘(j) NOTIFICATION TO STATES.— 

19 ‘‘(1) PRIOR TO PLACEMENT.—The Secretary of 

20 Homeland Security or the Secretary of Health and 

21 Human Services shall notify the Governor of a State 

22 not later than 48 hours prior to the placement of an 

23 unaccompanied alien child from in custody of such 


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1 Secretary in the care of a facility or sponsor in such 

2 State. 

3 ‘‘(2) INITIAL REPORTS.—Not later than 60 

4 days after the date of the enactment of this Act, the 

5 Secretary of Health and Human Services shall sub6 mit a report to the Governor of each State in which 

7 an unaccompanied alien child was discharged to a 

8 sponsor or placed in a facility while remaining in the 

9 legal custody of the Secretary during the period be10 ginning October 1, 2013 and ending on the date of 

11 the enactment of the Protecting Children and Amer12 ica’s Homeland Act of 2014. 

13 ‘‘(3) MONTHLY REPORTS.—The Secretary of 

14 Health and Human Services shall submit a monthly 

15 report to the Governor of each State in which, dur16 ing the reporting period, unaccompanied alien chil17 dren were discharged to a sponsor or placed in a fa18 cility while remaining in the legal custody of the 

19 Secretary of Health and Human Services. 

20 ‘‘(4) CONTENTS.—Each report required to be 

21 submitted to the Governor of a State by paragraph 

22 (2) or (3) shall identify the number of unaccom23 panied alien children placed in the State during the 

24 reporting period, disaggregated by— 


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1 ‘‘(A) the locality in which the aliens were 

2 placed; and 

3 ‘‘(B) the age of the aliens.’’. 

4 (b) MONITORING REQUIREMENT.—The Secretary of 

5 Health and Human Services shall— 

6 (1) require all sponsors to agree— 

7 (A) to receive approval from the Secretary 

8 of Health and Human Services prior to chang9 ing the location in which the sponsor is housing 

10 an unaccompanied alien child placed in the 

11 sponsor’s custody; and 

12 (B) to provide a current address for the 

13 child and the reason for the change of address; 

14 (2) provide regular and frequent monitoring of 

15 the physical and emotional well-being of each unac16 companied alien child who has been discharged to a 

17 sponsor or remained in the legal custody of the Sec18 retary until the child’s immigration case is resolved; 

19 and 

20 (3) not later than 60 days after the date of the 

21 enactment of this Act, provide to Congress a plan 

22 for implementing the requirement of paragraph (2). 

23 SEC. 1009. EMERGENCY IMMIGRATION JUDGE RESOURCES. 

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

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


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1 shall designate up to 100 immigration judges, including 

2 through the temporary or permanent hiring of retired im3 migration judges, magistrate judges, or administrative law 

4 judges, or the reassignment of current immigration 

5 judges, that are dedicated to— 

6 (1) conducting humane and expedited inspec7 tion and screening for unaccompanied alien children 

8 under section 235B of the Immigration and Nation9 ality Act, as added by section 1002; or 

10 (2) reducing existing backlogs in immigration 

11 court proceedings initiated under section 239 of the 

12 Immigration and Nationality Act (8 U.S.C. 1229). 

13 (b) REQUIREMENT.—The Attorney General shall en14 sure that sufficient immigration judge resources are dedi15 cated to the purpose described in subsection (a)(1) to com16 ply with the requirement under section 235B(b)(1) of the 

17 Immigration and Nationality Act, as added by section 

18 1002. 

19 SEC. 1010. REPORTS TO CONGRESS. 

20 (a) REPORTS ON CARE OF UNACCOMPANIED ALIEN

21 CHILD.—Not later than December 31, 2014 and Sep22 tember 30, 2015, the Secretary of Health and Human 

23 Services shall submit to Congress and make publically 

24 available a report that includes— 


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1 (1) a detailed summary of the contracts in ef2 fect to care for and house unaccompanied alien chil3 dren, including the names and locations of contrac4 tors and the facilities being used; 

5 (2) the cost per day to care for and house an 

6 unaccompanied alien child, including an explanation 

7 of such cost; 

8 (3) the number of unaccompanied alien children 

9 who have been released to a sponsor, if any; 

10 (4) a list of the States to which unaccompanied 

11 alien children have been released from the custody of 

12 the Secretary of Health and Human Services to the 

13 care of a sponsor or placement in a facility; 

14 (5) the number of unaccompanied alien children 

15 who have been released to a sponsor who is not law16 fully present in the United States, including the 

17 country of nationality or last habitual residence and 

18 age of such children; 

19 (6) a determination of whether more than 1 un20 accompanied alien child has been released to the 

21 same sponsor, including the number of children who 

22 were released to such sponsor; 

23 (7) an assessment of the extent to which the 

24 Secretary of Health and Human Services is moni25 toring the release of unaccompanied alien children, 


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1 including home studies done and ankle bracelets or 

2 other devices used; 

3 (8) an assessment of the extent to which the 

4 Secretary of Health and Human Services is making 

5 efforts— 

6 (A) to educate unaccompanied alien chil7 dren about their legal rights; and 

8 (B) to provide unaccompanied alien chil9 dren with access to pro bono counsel; and 

10 (9) the extent of the public health issues of un11 accompanied alien children, including contagious dis12 eases, the benefits or medical services provided, and 

13 the outreach to States and localities about public 

14 health issues, that could affect the public. 

15 (b) REPORTS ON REPATRIATION AGREEMENTS.— 

16 Not later than February 31, 2015 and August 31, 2015, 

17 the Secretary of State shall submit to Congress and make 

18 publically available a report that— 

19 (1) describes— 

20 (A) any repatriation agreement for unac21 companied alien children in effect and a copy of 

22 such agreement; and 

23 (B) any such repatriation agreement that 

24 is being considered or negotiated; and 


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1 (2) describes the funding provided to the 20 

2 countries that have the highest number of nationals 

3 entering the United States as unaccompanied alien 

4 children, including amounts provided— 

5 (A) to deter the nationals of each country 

6 from illegally entering the United States; and 

7 (B) to care for or reintegrate repatriated 

8 unaccompanied alien children in the country of 

9 nationality or last habitual residence. 

10 (c) REPORTS ON RETURNS TO COUNTRY OF NATION11 ALITY.—Not later than December 31, 2014 and Sep12 tember 30, 2015, the Secretary of Homeland Security 

13 shall submit to Congress and make publically available a 

14 report that describes— 

15 (1) the number of unaccompanied alien children 

16 who have voluntarily returned to their country of na17 tionality or habitual residence, disaggregated by— 

18 (A) country of nationality or habitual resi19 dence; and 

20 (B) age of the unaccompanied alien chil21 dren; 

22 (2) the number of unaccompanied alien children 

23 who have been returned to their country of nation24 ality or habitual residence, including assessment of 


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1 the length of time such children were present in the 

2 United States; 

3 (3) the number of unaccompanied alien children 

4 who have not been returned to their country of na5 tionality or habitual residence pending travel docu6 ments or other requirements from such country, in7 cluding how long they have been waiting to return; 

8 and 

9 (4) the number of unaccompanied alien children 

10 who were granted relief in the United States, wheth11 er through asylum or any other immigration benefit. 

12 (d) REPORTS ON IMMIGRATION PROCEEDINGS.—Not 

13 later than September 30, 2015, and once every 3 months 

14 thereafter, the Director of the Executive Office for Immi15 gration Review shall submit to Congress and make pub16 lically available a report that describes— 

17 (1) the number of unaccompanied alien children 

18 who, after proceedings under section 235B of the 

19 Immigration and Nationality Act, as added by sec20 tion 1002, were returned to their country of nation21 ality or habitual residence, disaggregated by— 

22 (A) country of nationality or residence; and 

23 (B) age and gender of such aliens; 

24 (2) the number of unaccompanied alien children 

25 who, after proceedings under such section 235B, 


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1 prove a claim of admissibility and are place in pro2 ceedings under section 240 of the Immigration and 

3 Nationality Act (8 U.S.C. 1229a); 

4 (3) the number of unaccompanied alien children 

5 who fail to appear at a removal hearing that such 

6 alien was required to attend; 

7 (4) the number of sponsors who were levied a 

8 penalty, including the amount and whether the pen9 alty was collected, for the failure of an unaccom10 panied alien child to appear at a removal hearing; 

11 and 

12 (5) the number of aliens that are classified as 

13 unaccompanied alien children, the ages and coun14 tries of nationality of such children, and the orders 

15 issued by the immigration judge at the conclusion of 

16 proceedings under such section 235B for such chil17 dren. 

18 Subtitle B—Cooperation With 

19 Countries of Nationality of Un20 accompanied Alien Children 

21 SEC. 1021. IN-COUNTRY REFUGEE PROCESSING. 

22 (a) FINDINGS.—Congress makes the following find23 ings: 

24 (1) Consistent with section 101(a)(42)(B) of 

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


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1 1101(a)(42)(B)) and section 207(e) of such Act (8 

2 U.S.C. 1157(e)), special circumstances currently 

3 exist due to grave humanitarian concerns throughout 

4 the travel, and attempts to travel, to the United 

5 States by unaccompanied children sufficient to jus6 tify and require, for fiscal years 2014 and 2015, the 

7 allowance of processing of in-country refugee appli8 cations in El Salvador, Guatemala, and Honduras in 

9 order to prevent such children from undertaking the 

10 long and dangerous journey across Central America 

11 and Mexico. 

12 (2) Grave humanitarian concerns exist due to— 

13 (A) at least 60,000 unaccompanied chil14 dren having undertaken the long and dangerous 

15 journey to the United States from Central 

16 America in fiscal year 2014 alone; 

17 (B) substantial reports of unaccompanied 

18 children becoming, during the course of their 

19 journey intended for the United States, victims 

20 of— 

21 (i) significant injury, including loss of 

22 limbs; 

23 (ii) severe forms of violence; 

24 (iii) death due to accident and inten25 tional killing; 


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1 (iv) severe forms of human traf2 ficking; 

3 (v) kidnap for ransom; and 

4 (vi) sexual assault and rape; and 

5 (C) the likelihood that the vast majority of 

6 the unaccompanied children seeking admission 

7 or immigration relief, including through appli8 cation as a refugee or claims of asylum, do not 

9 qualify for such admission or relief, and there10 fore will be repatriated. 

11 (3) While special circumstances currently exist 

12 to justify in-country refugee application processing 

13 for El Salvador, Guatemala, and Honduras, it is ap14 propriate to determine the admissibility of individ15 uals applying for refugee status from those countries 

16 according to current law and granting administrative 

17 relief in instances in which refugee or asylum appli18 cations are denied, or are expected to be denied, 

19 would exacerbate the grave humanitarian concerns 

20 described in paragraph (2) by further encouraging 

21 attempts at migration. 

22 (b) AUTHORITY FOR IN-COUNTRY REFUGEE PROC23 ESSING.—Notwithstanding section 101(a)(42)(B) of the 

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

25 1101(a)(42)(B)), for fiscal years 2014 and 2015, the SecVerDate Mar 15 2010 00:08 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S2773.PCS S2773

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1 retary of State, in consultation with the Secretary of 

2 Homeland Security and the Director of the Office of Ref3 ugee Resettlement of the Department of Health and 

4 Human Services, shall process an application for refugee 

5 status— 

6 (1) for an alien who is a national of El Sal7 vador, Guatemala, or Honduras and is located in 

8 such country; or 

9 (2) in the case of an alien having no nation10 ality, for an alien who is habitually residing in such 

11 country and is located in such country. 

12 (c) RULE OF CONSTRUCTION.—Nothing in this sec13 tion may be construed as a grant of immigration benefit 

14 or relief, nor as a change to existing law regarding the 

15 eligibility for any individual for such benefit or relief, other 

16 than to the extent refugee applications shall be permitted 

17 in-country in accordance with this section. 

18 SEC. 1022. REFUGEE ADMISSIONS FROM CERTAIN COUN19 TRIES. 

20 Notwithstanding any other provision of law, the 

21 President, in determining the number of refugees who may 

22 be admitted under section 207(a) of the Immigration and 

23 Nationality Act (8 U.S.C. 1157(a))— 

24 (1) for fiscal year 2014, may — 


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1 (A) allocate the unallocated reserve refugee 

2 number set out in the Presidential Memo3 randum on Refugee Admissions for Fiscal Year 

4 2014 issued on October 2, 2013 to admit refu5 gees from Central America; and 

6 (B) allocate any unused admissions allo7 cated to a particular region for Central Amer8 ican refugee admissions; and 

9 (2) for fiscal year 2015, shall include Central 

10 America among the regional allocations included in 

11 the Presidential determination for refugee admis12 sions that fiscal year. 

13 SEC. 1023. FOREIGN GOVERNMENT COOPERATION IN REPA14 TRIATION OF UNACCOMPANIED ALIEN CHIL15 DREN. 

16 (a) CERTIFICATION.— 

17 (1) IN GENERAL.—Subject to paragraph (2), on 

18 the date that is 60 days after the date of the enact19 ment of this Act, and annually thereafter, the Presi20 dent shall make a certification of whether the Gov21 ernment of El Salvador, Guatemala, or Honduras— 

22 (A) is actively working to reduce the num23 ber of unaccompanied alien children from that 

24 country who are attempting to migrate northVerDate Mar 15 2010 00:08 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S2773.PCS S2773

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1 ward in order to illegally enter the United 

2 States; 

3 (B) is cooperating with the Government of 

4 the United States to facilitate the repatriation 

5 of unaccompanied alien children who are re6 moved from the United States and returned to 

7 their country of nationality or habitual resi8 dence; and 

9 (C) has negotiated or is actively negoti10 ating an agreement under section 235(a)(2)(C) 

11 of the William Wilberforce Trafficking Victims 

12 Protection Reauthorization Act of 2008 (8 

13 U.S.C. 1232(a)(2)(C)), as amended by section 

14 1001. 

15 (2) INTERIM CERTIFICATION.—If prior to the 

16 date an annual certification is required by paragraph 

17 (1) the President determines the most recent such 

18 certification for the Government of El Salvador, 

19 Guatemala, or Honduras is no longer accurate, the 

20 President may make an accurate certification for 

21 that country prior to such date. 

22 (b) LIMITATION ON ASSISTANCE.—The Federal Gov23 ernment may not provide any assistance (other than secu24 rity assistance) to El Salvador, Guatemala, or Honduras 

25 unless in the most recent certification for that country 


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1 under subsection (a) is that the Government of El Sal2 vador, Guatemala, or Honduras, respectively, meets the 

3 requirements of subparagraphs (A), (B), and (C) of sub4 section (a)(1). 

5 TITLE XI—CRIMINAL ALIENS 

6 SEC. 1101. ALIEN GANG MEMBERS. 

7 (a) DEFINITION.—Section 101(a) of the Immigration 

8 and Nationality Act (8 U.S.C. 1101(a)) is amended by 

9 adding at the end the following: 

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

11 ongoing group, club, organization, or association of 

12 5 or more persons— 

13 ‘‘(i)(I) that has as 1 of its primary pur14 poses the commission of 1 or more of the crimi15 nal offenses described in subparagraph (B); and 

16 ‘‘(II) the members of which engage, or 

17 have engaged within the past 5 years, in a con18 tinuing series of offenses described in subpara19 graph (B); or 

20 ‘‘(ii) that has been designated as a crimi21 nal gang under section 220 by the Secretary of 

22 Homeland Security, in consultation with the At23 torney General, or the Secretary of State. 

24 ‘‘(B) The offenses described in this subpara25 graph, whether in violation of Federal or State law 


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1 or foreign law and regardless of whether the offenses 

2 occurred before, on, or after the date of the enact3 ment of the Protecting Children and America’s 

4 Homeland Act of 2014, are the following: 

5 ‘‘(i) A ‘felony drug offense’ (as defined in 

6 section 102 of the Controlled Substances Act 

7 (21 U.S.C. 802)). 

8 ‘‘(ii) An offense under section 274 (relat9 ing to bringing in and harboring certain aliens), 

10 section 277 (relating to aiding or assisting cer11 tain aliens to enter the United States), or sec12 tion 278 (relating to importation of alien for 

13 immoral purpose). 

14 ‘‘(iii) A crime of violence (as defined in 

15 section 16 of title 18, United States Code). 

16 ‘‘(iv) A crime involving obstruction of jus17 tice, tampering with or retaliating against a 

18 witness, victim, or informant, or burglary. 

19 ‘‘(v) Any conduct punishable under sec20 tions 1028 and 1029 of title 18, United States 

21 Code (relating to fraud and related activity in 

22 connection with identification documents or ac23 cess devices), sections 1581 through 1594 of 

24 such title (relating to peonage, slavery and traf25 ficking in persons), section 1952 of such title 


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1 (relating to interstate and foreign travel or 

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

4 the laundering of monetary instruments), sec5 tion 1957 of such title (relating to engaging in 

6 monetary transactions in property derived from 

7 specified unlawful activity), or sections 2312 

8 through 2315 of such title (relating to inter9 state transportation of stolen motor vehicles or 

10 stolen property). 

11 ‘‘(vi) A conspiracy to commit an offense 

12 described in clauses (i) through (v). 

13 ‘‘(C) Notwithstanding any other provision of 

14 law (including any effective date), the term ‘criminal 

15 gang’ applies regardless of whether the conduct oc16 curred before, on, or after the date of the enactment 

17 of this paragraph.’’. 

18 (b) INADMISSIBILITY.—Section 212(a)(2) of the Im19 migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

20 amended by adding at the end the following: 

21 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL

22 GANGS.—Any alien is inadmissible who a con23 sular officer, the Secretary of Homeland Secu24 rity, or the Attorney General knows or has rea25 son to believe— 


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1 ‘‘(i) is or has been a member of a 

2 criminal gang; or 

3 ‘‘(ii) has participated in the activities 

4 of a criminal gang knowing or having rea5 son to know that such activities will pro6 mote, further, aid, or support the illegal 

7 activity of the criminal gang.’’. 

8 (c) DEPORTABILITY.—Section 237(a)(2) of the Im9 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

10 amended by adding at the end the following: 

11 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

12 GANGS.—Any alien is deportable who the Sec13 retary of Homeland Security or the Attorney 

14 General knows or has reason to believe— 

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

16 criminal gang; or 

17 ‘‘(ii) has participated in the activities 

18 of a criminal gang knowing or having rea19 son to know that such activities will pro20 mote, further, aid, or support the illegal 

21 activity of the criminal gang.’’. 

22 (d) DESIGNATION.— 

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

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


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

2 following: 

3 ‘‘SEC. 220. DESIGNATION OF CRIMINAL GANGS. 

4 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se5 curity, in consultation with the Attorney General, or the 

6 Secretary of State may designate a group or association 

7 as a criminal gang if their conduct is described in section 

8 101(a)(53) or if the group or association conduct poses 

9 a significant risk that threatens the security and the pub10 lic safety of nationals of the United States or the national 

11 security, homeland security, foreign policy, or economy of 

12 the United States. 

13 ‘‘(b) EFFECTIVE DATE.—A designation made under 

14 subsection (a) shall remain in effect until the designation 

15 is revoked after consultation between the Secretary of 

16 Homeland Security, the Attorney General, and the Sec17 retary of State or is terminated in accordance with Fed18 eral law.’’. 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents in the first section of the Immigration and Na21 tionality Act is amended by inserting after the item 

22 relating to section 219 the following: 

‘‘220. Designation of criminal gangs.’’. 

23 (e) MANDATORY DETENTION OF CRIMINAL GANG

24 MEMBERS.— 


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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 striking ‘‘section 212(a)(3)(B)’’ and 

5 inserting ‘‘paragraph (2)(J) or (3)(B) of section 

6 212(a)’’; and 

7 (B) by striking ‘‘237(a)(4)(B),’’ and in8 serting ‘‘paragraph (2)(G) or (4)(B) of section 

9 237(a),’’. 

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

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

12 enactment of this Act), the Secretary of Homeland 

13 Security, after consultation with the appropriate 

14 Federal agencies, shall submit a report to the Com15 mittee on the Judiciary of the Senate and the Com16 mittee on the Judiciary of the House of Representa17 tives on the number of aliens detained under the 

18 amendments made by paragraph (1). 

19 (f) ASYLUM CLAIMS BASED ON GANG AFFILI20 ATION.— 

21 (1) INAPPLICABILITY OF RESTRICTION ON RE22 MOVAL TO CERTAIN COUNTRIES.—Section 

23 241(b)(3)(B) of the Immigration and Nationality 

24 Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the 

25 matter preceding clause (i), by inserting ‘‘who is deVerDate Mar 15 2010 00:08 Aug 02, 2014 Jkt 039200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S2773.PCS S2773

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1 scribed in section 212(a)(2)(J)(i) or section 

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

3 (2) INELIGIBILITY FOR ASYLUM.—Section 

4 208(b)(2)(A) of the Immigration and Nationality 

5 Act (8 U.S.C. 1158(b)(2)(A)) is amended— 

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

7 end; 

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

9 (vii); and 

10 (C) by inserting after clause (v) the fol11 lowing: 

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

13 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) 

14 (relating to participation in criminal 

15 gangs); or’’. 

16 (g) TEMPORARY PROTECTED STATUS.—Section 244 

17 of the Immigration and Nationality Act (8 U.S.C. 1254a) 

18 is amended— 

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

20 that term appears and inserting ‘‘Secretary of 

21 Homeland Security’’; 

22 (2) in subparagraph (c)(2)(B)— 

23 (A) in clause (i), by striking ‘‘States, or’’ 

24 and inserting ‘‘States;’’; 


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

2 and inserting ‘‘; or’’; and 

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

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

5 admission has been, a member of a crimi6 nal gang.’’; and 

7 (3) in subsection (d)— 

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

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

10 the following: ‘‘The Secretary of Homeland Se11 curity may detain an alien provided temporary 

12 protected status under this section whenever 

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

14 (h) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 

15 101(a)(27)(J)(iii) of the Immigration and Nationality Act 

16 (8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 

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

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

19 end; and 

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

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

22 any time after admission has been, a 

23 member of a criminal gang shall be el24 igible for any immigration benefit 

25 under this subparagraph;’’. 


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

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

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

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

5 SEC. 1102. MANDATORY EXPEDITED REMOVAL OF DAN6 GEROUS CRIMINALS, TERRORISTS, AND GANG 

7 MEMBERS. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, an immigration officer who finds an alien de10 scribed in subsection (b) at a land border or port of entry 

11 of the United States and determines that such alien is in12 admissible under the Immigration and Nationality Act (8 

13 U.S.C. 1101 et seq.) shall treat such alien in accordance 

14 with section 235 of the Immigration and Nationality Act 

15 (8 U.S.C. 1225). 

16 (b) THREATS TO PUBLIC SAFETY.—An alien de17 scribed in this subsection is an alien who the Secretary 

18 of Homeland Security determines, or has reason to be19 lieve— 

20 (1) has been convicted of any offense carrying 

21 a maximum term of imprisonment of more than 180 

22 days; 

23 (2) has been convicted of an offense which in24 volved— 


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1 (A) domestic violence (as defined in section 

2 40002(a) of the Violence Against Women Act of 

3 1994 (42 U.S.C. 13925(a)); 

4 (B) child abuse and neglect (as defined in 

5 section 40002(a) of the Violence Against 

6 Women Act of 1994 (42 U.S.C. 13925(a)); 

7 (C) assault resulting in bodily injury (as 

8 defined in section 2266 of title 18, United 

9 States Code); 

10 (D) the violation of a protection order (as 

11 defined in section 2266 of title 18, United 

12 States Code); 

13 (E) driving while intoxicated (as defined in 

14 section 164 of title 23, United States Code); or 

15 (F) any offense under foreign law, except 

16 for a purely political offense, which, if the of17 fense had been committed in the United States, 

18 would render the alien inadmissible under sec19 tion 212(a) of the Immigration and Nationality 

20 Act (8 U.S.C. 1182(a)); 

21 (3) has been convicted of more than 1 criminal 

22 offense (other than minor traffic offenses); 

23 (4) has engaged in, is engaged in, or is likely 

24 to engage after entry in any terrorist activity (as de25 fined in section 212(a)(3)(B)(iii) of the Immigration 


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1 and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii)), 

2 or intends to participate or has participated in the 

3 activities of a foreign terrorist organization (as des4 ignated under section 219 of the Immigration and 

5 Nationality Act (8 U.S.C. 1189)); 

6 (5) is or was a member of a criminal street 

7 gang (as defined in paragraph (53) of section 101(a) 

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

9 1101(a)), as added by section 1101(a)); or 

10 (6) has entered the United States more than 1 

11 time in violation of section 275(a) of the Immigra12 tion and Nationality Act (8 U.S.C. 1325(a)), know13 ing that the entry was unlawful. 

14 SEC. 1103. FUGITIVE OPERATIONS. 

15 The Secretary of Homeland Security is authorized to 

16 hire 350 U.S. Immigration and Customs Enforcement de17 tention officers that comprise 50 Fugitive Operations 

18 Teams responsible for identifying, locating, and arresting 

19 fugitive aliens. 

20 SEC. 1104. ADDITIONAL DETENTION CAPACITY FOR FAMILY 

21 UNITS. 

22 Not later than 1 year after the date of the enactment 

23 of this Act, the Secretary of Homeland Security shall in24 crease the number of detention beds available for aliens 

25 placed in removal proceedings under the Immigration and 


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1 Nationality Act (8 U.S.C. 1101 et seq.) by not less than 

2 5,000, including such detention beds available for family 

3 units. 

4 TITLE XII—BORDER SECURITY 

5 SEC. 1201. REDUCING INCENTIVES FOR ILLEGAL IMMIGRA6 TION. 

7 No Federal funds or resources may be used to issue 

8 a new directive, memorandum, or Executive Order that 

9 provides for relief from removal or work authorization to 

10 a class of individuals who are not otherwise eligible for 

11 such relief under the Immigration and Nationality Act (8 

12 U.S.C. 1101 et seq.) or such work authorization, including 

13 expanding deferred action for childhood arrivals. 

14 SEC. 1202. BORDER SECURITY ON CERTAIN FEDERAL 

15 LANDS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) FEDERAL LANDS.—The term ‘‘Federal 

18 lands’’ includes all land under the control of the Sec19 retary concerned that is located within the South20 west border region in the State of Arizona along the 

21 international border between the United States and 

22 Mexico. 

23 (2) SECRETARY CONCERNED.—The term ‘‘Sec24 retary concerned’’ means— 


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1 (A) with respect to land under the jurisdic2 tion of the Secretary of Agriculture, the Sec3 retary of Agriculture; and 

4 (B) with respect to land under the jurisdic5 tion of the Secretary of the Interior, the Sec6 retary of the Interior. 

7 (b) SUPPORT FOR BORDER SECURITY NEEDS.—To 

8 achieve effective control of Federal lands— 

9 (1) the Secretary concerned, notwithstanding 

10 any other provision of law, shall authorize and pro11 vide U.S. Customs and Border Protection personnel 

12 with immediate access to Federal lands for security 

13 activities, including— 

14 (A) routine motorized patrols; and 

15 (B) the deployment of communications, 

16 surveillance, and detection equipment; 

17 (2) the security activities described in para18 graph (1) shall be conducted, to the maximum ex19 tent practicable, in a manner that the Secretary de20 termines will best protect the natural and cultural 

21 resources on Federal lands; and 

22 (3) the Secretary concerned may provide edu23 cation and training to U.S. Customs and Border 

24 Protection personnel on the natural and cultural re25 sources present on individual Federal land units. 


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1 (c) PROGRAMMATIC ENVIRONMENTAL IMPACT

2 STATEMENT.— 

3 (1) IN GENERAL.—After implementing sub4 section (b), the Secretary, in consultation with the 

5 Secretaries concerned, shall prepare and publish in 

6 the Federal Register a notice of intent to prepare a 

7 programmatic environmental impact statement in 

8 accordance with the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the 

10 impacts of the activities described in subsection (b). 

11 (2) EFFECT ON PROCESSING APPLICATION AND

12 SPECIAL USE PERMITS.—The pending completion of 

13 a programmatic environmental impact statement 

14 under this section shall not result in any delay in the 

15 processing or approving of applications or special 

16 use permits by the Secretaries concerned for the ac17 tivities described in subsection (b). 

18 (3) AMENDMENT OF LAND USE PLANS.—The 

19 Secretaries concerned shall amend any land use 

20 plans, as appropriate, upon completion of the pro21 grammatic environmental impact statement de22 scribed in paragraph (1). 

23 (4) SCOPE OF PROGRAMMATIC ENVIRONMENTAL

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1 mental impact statement described in paragraph 

2 (1)— 

3 (A) may be used to advise the Secretary of 

4 Homeland Security on the impact on natural 

5 and cultural resources on Federal lands; and 

6 (B) shall not control, delay, or restrict ac7 tions by the Secretary of Homeland Security to 

8 achieve effective control on Federal lands. 

9 (d) INTERMINGLED STATE AND PRIVATE LAND.— 

10 This section shall not apply to any private or State-owned 

11 land within the boundaries of Federal lands. 

12 SEC. 1203. STATE AND LOCAL ASSISTANCE TO ALLEVIATE 

13 HUMANITARIAN CRISIS. 

14 (a) STATE AND LOCAL ASSISTANCE.—The Adminis15 trator of the Federal Emergency Management Agency 

16 shall enhance law enforcement preparedness, humani17 tarian responses, and operational readiness along the 

18 international border between the United States and Mex19 ico through Operation Stonegarden. 

20 (b) GRANTS AND REIMBURSEMENTS.— 

21 (1) IN GENERAL.—Amounts made available to 

22 carry out this section shall be allocated for grants 

23 and reimbursements to State and local governments 

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1 national border between the United States and Mex2 ico for— 

3 (A) costs personnel, overtime, and travel; 

4 (B) costs related to combating illegal im5 migration and drug smuggling; and 

6 (C) costs related to providing humani7 tarian relief to unaccompanied alien children 

8 and family units who have entered the United 

9 States. 

10 (2) FUNDING FOR STATE AND LOCAL GOVERN11 MENTS.—Allocations for grants and reimbursements 

12 to State and local governments under this paragraph 

13 shall be made by the Administrator of the Federal 

14 Emergency Management Agency through a competi15 tive process. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated for fiscal years 2014 

18 and 2015 such sums as may be necessary to carry out 

19 this section. 

20 SEC. 1204. PREVENTING ORGANIZED SMUGGLING. 

21 (a) UNLAWFULLY HINDERING IMMIGRATION, BOR22 DER, OR CUSTOMS CONTROLS.— 

23 (1) AMENDMENT TO TITLE 18, UNITED STATES

24 CODE.— 


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1 (A) IN GENERAL.—Chapter 27 of title 18, 

2 United States Code, is amended by adding at 

3 the end the following: 

4 ‘‘§ 556. Unlawfully hindering immigration, border, or 

5 customs controls 

6 ‘‘(a) ILLICIT SPOTTING.—Any person who knowingly 

7 transmits to another person the location, movement, or ac8 tivities of any Federal, State, or tribal law enforcement 

9 agency with the intent to further a Federal crime relating 

10 to United States immigration, customs, importation of 

11 controlled substances, agriculture products, or monetary 

12 instruments, or other border controls shall be fined under 

13 this title, imprisoned not more than 10 years, or both. 

14 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER

15 CONTROLS.—Any person who knowingly and without law16 ful authorization destroys, alters, or damages any fence, 

17 barrier, sensor, camera, or other physical or electronic de18 vice deployed by the Federal Government to control the 

19 international border of the United States or a port of 

20 entry, or otherwise seeks to construct, excavate, or make 

21 any structure intended to defeat, circumvent or evade any 

22 such fence, barrier, sensor camera, or other physical or 

23 electronic device deployed by the Federal Government to 

24 control the international border of the United States or 

25 a port of entry— 


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1 ‘‘(1) shall be fined under this title, imprisoned 

2 not more than 10 years, or both; and 

3 ‘‘(2) if, at the time of the offense, the person 

4 uses or carries a firearm or, in furtherance of any 

5 such crime, possesses a firearm, shall be fined under 

6 this title, imprisoned not more than 20 years, or 

7 both. 

8 ‘‘(c) CONSPIRACY AND ATTEMPT.—Any person who 

9 attempts or conspires to violate subsection (a) or (b) shall 

10 be punished in the same manner as a person who com11 pletes a violation of such subsection.’’. 

12 (B) CLERICAL AMENDMENT.—The table of 

13 sections for chapter 27 of title 18, United 

14 States Code, is amended by inserting after the 

15 item relating to section 555 the following: 

‘‘556. Unlawfully hindering immigration, border, or customs controls.’’. 

16 (2) PROHIBITING CARRYING OR USE OF A FIRE17 ARM DURING AND IN RELATION TO AN ALIEN SMUG18 GLING CRIME.—Section 924(c) of title 18, United 

19 States Code, is amended— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (A), by inserting 

22 ‘‘, alien smuggling crime,’’ after ‘‘crime of 

23 violence’’ each place such term appears; 

24 and 


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1 (ii) in subparagraph (D)(ii), by insert2 ing ‘‘, alien smuggling crime,’’ after ‘‘crime 

3 of violence’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(6) For purposes of this subsection, the term 

6 ‘alien smuggling crime’ means any felony punishable 

7 under section 274(a), 277, or 278 of the Immigra8 tion and Nationality Act (8 U.S.C. 1324(a), 1327, 

9 and 1328).’’. 

10 (3) STATUTE OF LIMITATIONS.—Section 3298 

11 of title 18, United States Code, is amended by in12 serting ‘‘556 (hindering immigration, border, or cus13 toms controls), 1598 (organized human smuggling),’’ 

14 before ‘‘1581’’. 

15 (b) ORGANIZED HUMAN SMUGGLING.— 

16 (1) AMENDMENT TO TITLE 18, UNITED STATES

17 CODE.—Chapter 77 of title 18, United States Code, 

18 is amended by adding at the end the following: 

19 ‘‘§ 1598. Organized human smuggling 

20 ‘‘(a) PROHIBITED ACTIVITIES.—It shall be unlawful 

21 for any person, while acting for profit or other financial 

22 gain, to knowingly direct or participate in an effort or 

23 scheme to assist or cause 3 or more persons— 

24 ‘‘(1) to enter, attempt to enter, or prepare to 

25 enter the United States— 


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1 ‘‘(A) by fraud, falsehood, or other corrupt 

2 means; 

3 ‘‘(B) at any place other than a port or 

4 place of entry designated by the Secretary of 

5 Homeland Security; or 

6 ‘‘(C) in a manner not prescribed by the im7 migration laws and regulations of the United 

8 States; 

9 ‘‘(2) to travel by air, land, or sea toward the 

10 United States (whether directly or indirectly)— 

11 ‘‘(A) knowing that the persons seek to 

12 enter or attempt to enter the United States 

13 without lawful authority; and 

14 ‘‘(B) with the intent to aid or further such 

15 entry or attempted entry; or 

16 ‘‘(3) to be transported or moved outside of the 

17 United States— 

18 ‘‘(A) knowing that such persons are aliens 

19 in unlawful transit from 1 country to another 

20 or on the high seas; and 

21 ‘‘(B) under circumstances in which the 

22 persons are seeking to enter the United States 

23 without official permission or legal authority. 

24 ‘‘(b) CONSPIRACY AND ATTEMPT.—Any person who 

25 attempts or conspires to violate subsection (a) shall be 


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1 punished in the same manner as a person who completes 

2 a violation of such subsection. 

3 ‘‘(c) BASE PENALTY.—Except as provided in sub4 section (d), any person who violates subsection (a) or (b) 

5 shall be fined under this title, imprisoned for not more 

6 than 20 years, or both. 

7 ‘‘(d) ENHANCED PENALTIES.—Any person who vio8 lates subsection (a) or (b)— 

9 ‘‘(1) in the case of a violation causing a serious 

10 bodily injury (as defined in section 1365) to any per11 son, shall be fined under this title, imprisoned for 

12 not more than 30 years, or both; 

13 ‘‘(2) in the case of a violation causing the life 

14 of any person to be placed in jeopardy, shall be fined 

15 under this title, imprisoned for not more than 30 

16 years, or both; 

17 ‘‘(3) in the case of a violation involving 10 or 

18 more persons, shall be fined under this title, impris19 oned for not more than 30 years, or both; 

20 ‘‘(4) in the case of a violation involving the 

21 bribery or corruption of a United States or foreign 

22 government official, shall be fined under this title, 

23 imprisoned for not more than 30 years, or both; 

24 ‘‘(5) in the case of a violation involving robbery 

25 or extortion (as such terms are defined in paragraph 


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1 (1) or (2), respectively, of section 1951(b)), shall be 

2 fined under this title, imprisoned for not more than 

3 30 years, or both; 

4 ‘‘(6) in the case of a violation causing any per5 son to be subjected to an involuntary sexual act (as 

6 defined in section 2246(2)), shall be fined under this 

7 title, imprisoned for not more than 30 years, or 

8 both; 

9 ‘‘(7) in the case of a violation resulting in the 

10 death of any person, shall be fined under this title, 

11 imprisoned for any term of years or for life, or both; 

12 ‘‘(8) in the case of a violation in which any 

13 alien is confined or restrained, including by the tak14 ing of clothing, goods, or personal identification doc15 uments, shall be fined under this title, imprisoned 

16 for not more than 10 years, or both; or 

17 ‘‘(9) in the case of smuggling an unaccom18 panied alien child (as defined in section 462(g)(2) of 

19 the Homeland Security Act of 2002 (6 U.S.C. 

20 279(g)(2)), shall be fined under this title or impris21 oned not more than 20 years. 

22 ‘‘(e) DEFINITIONS.—In this section: 

23 ‘‘(1) EFFORT OR SCHEME TO ASSIST OR CAUSE

24 3 OR MORE PERSONS.—The term ‘effort or scheme 

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1 quire that the 3 or more persons enter, attempt to 

2 enter, prepare to enter, or travel at the same time 

3 if such acts are completed during a 1-year period. 

4 ‘‘(2) LAWFUL AUTHORITY.—The term ‘lawful 

5 authority’— 

6 ‘‘(A) means permission, authorization, or 

7 license that is expressly provided for under the 

8 immigration laws of the United States; and 

9 ‘‘(B) does not include— 

10 ‘‘(i) any authority described in sub11 paragraph (A) that was secured by fraud 

12 or otherwise unlawfully obtained; or 

13 ‘‘(ii) any authority that was sought, 

14 but not approved.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions for chapter 77 of title 18, United States Code, 

17 is amended by inserting after the item relating to 

18 section 1597 the following: 

‘‘1598. Organized human smuggling.’’. 

19 (c) STRATEGY TO COMBAT HUMAN SMUGGLING.— 

20 (1) HIGH TRAFFIC AREAS OF HUMAN SMUG21 GLING DEFINED.—In this subsection, the term ‘‘high 

22 traffic areas of human smuggling’’ means the United 

23 States ports of entry and areas between such ports 

24 that have relatively high levels of human smuggling 


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1 activity, as measured by U.S. Customs and Border 

2 Protection. 

3 (2) IMPLEMENTATION.—Not later than 1 year 

4 after the date of the enactment of this Act, the Sec5 retary of Homeland Security shall implement a 

6 strategy to deter, detect, and interdict human smug7 gling across the international land and maritime 

8 borders of the United States. 

9 (3) COMPONENTS.—The strategy referred to in 

10 paragraph (2) shall include— 

11 (A) efforts to increase coordination be12 tween the border and maritime security compo13 nents of the Department of Homeland Security; 

14 (B) an identification of intelligence gaps 

15 impeding the ability to deter, detect, and inter16 dict human smuggling across the international 

17 land and maritime borders of the United 

18 States; 

19 (C) efforts to increase information sharing 

20 with State and local governments and other 

21 Federal agencies; 

22 (D) efforts to provide, in coordination with 

23 the Federal Law Enforcement Training Center, 

24 training for the border and maritime security 

25 components of the Department of Homeland 


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1 Security to deter, detect, and interdict human 

2 smuggling across the international land and 

3 maritime borders of the United States; and 

4 (E) the identification of the high traffic 

5 areas of human smuggling. 

6 (4) REPORT.— 

7 (A) IN GENERAL.—Not later than 6 

8 months after the date of the enactment of this 

9 Act, the Secretary of Homeland Security shall 

10 submit a report that describes the strategy to 

11 be implemented under paragraph (2), including 

12 the components listed in paragraph (3), to— 

13 (i) the Committee on Homeland Secu14 rity and Governmental Affairs of the Sen15 ate; and 

16 (ii) the Committee on Homeland Se17 curity of the House of Representatives. 

18 (B) FORM.—The Secretary may submit 

19 the report required under subparagraph (A) in 

20 classified form if the Secretary determines that 

21 such form is appropriate. 

22 (5) ANNUAL LIST OF HIGH TRAFFIC AREAS.— 

23 Not later than February 1st of the first year begin24 ning after the date of the enactment of this Act, and 

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1 curity shall submit a list of the high traffic areas of 

2 human smuggling referred to— 

3 (A) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; and 

5 (B) the Committee on Homeland Security 

6 of the House of Representatives. 


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Calendar No. 528 

113TH CONGRESS 

2D SESSION S. 2773 

A BILL 

Making supplemental appropriations for the fiscal 

and for other purposes. curity, law enforcement, humanitarian assistance, year ending September 30, 2014, for border seAUGUST 1, 2014 

Read the second time and placed on the calendar 


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