II 

116TH CONGRESS 

1ST SESSION S. 1303 

To amend the Immigration and Nationality Act to address the protective 

custody of alien children accompanied by parents, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2019 

Mr. CORNYN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to address 

the protective custody of alien children accompanied by 

parents, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Humanitarian Upgrades to Manage and Assist our Na6 tion’s Enforcement Act of 2019’’ or the ‘‘HUMANE Act 

7 of 2019’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Family unification. 

Sec. 3. Repatriation of unaccompanied alien children. 

Sec. 4. Child welfare and law enforcement information sharing. 

Sec. 5. Accountability for children and taxpayers. 

Sec. 6. Custody of unaccompanied alien children in removal proceedings under 

section 240 of the Immigration and Nationality Act. 

Sec. 7. Fraud in connection with the transfer of custody of unaccompanied 

alien children. 

Sec. 8. Notification of States and foreign governments, reporting, and monitoring. 

Sec. 9. Reports to Congress. 

Sec. 10. Asylum processing. 

Sec. 11. Biometric and DNA collection. 

Sec. 12. Standard operating procedures; facilities standards. 

Sec. 13. Regional processing centers. 

Sec. 14. Authorization to hire additional U.S. Customs and Border Protection 

and U.S. Immigration and Customs Enforcement personnel. 

Sec. 15. Ports of entry infrastructure improvements. 

Sec. 16. Foreign engagement strategy. 

Sec. 17. Deterring visa overstays. 

1 SEC. 2. FAMILY UNIFICATION. 

2 (a) IN GENERAL.—Section 235 of the Immigration 

3 and Nationality Act (8 U.S.C. 1225) is amended by add4 ing at the end the following: 

5 ‘‘(e) PROTECTIVE CUSTODY OF ARRIVING ALIEN

6 CHILDREN ACCOMPANIED BY PARENTS.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding any other 

8 provision of law, including section 3142 of title 18, 

9 United States Code, any judicial determination (in10 cluding any judicial determination made in Flores v. 

11 Sessions et. al. (9th Cir. July 5, 2017; C.D. CA. 

12 July 24, 2015)), consent decree, or settlement agree13 ment issued before the date of enactment of the 

14 HUMANE Act of 2019, and section 236.3 of title 

15 8, Code of Federal Regulations (or a successor regu16 lation), the Secretary of Homeland Security is not 


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1 required to implement the terms of the stipulated 

2 settlement agreement filed on January 17, 1997, in 

3 the United States District Court for the Central 

4 District of California in Flores v. Reno, CV 85– 

5 4544–RJK (commonly known as the ‘‘Flores settle6 ment agreement’’), and may not use any Federal 

7 Funds to implement such agreement, with respect to 

8 an alien child who is younger than 18 years of age 

9 if such child is accompanied by a parent or legal 

10 guardian. 

11 ‘‘(2) FAMILY RESIDENTIAL CENTERS.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraph (B), the Secretary of Homeland 

14 Security shall house any alien child described in 

15 paragraph (1) who is unlawfully present in the 

16 United States together with the parent of such 

17 child in a family residential center or a regional 

18 processing center maintained by the Secretary 

19 of Homeland Security during the pendency of 

20 civil or criminal proceedings. 

21 ‘‘(B) EXCEPTION.—The Secretary of 

22 Homeland Security may not temporarily house 

23 an alien child referred to in subparagraph (A) 

24 in the manner described in such subparagraph 

25 if the Secretary— 


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1 ‘‘(i) is unable to verify that an indi2 vidual accompanying the alien child is the 

3 parent of the alien child; 

4 ‘‘(ii) determines that the accom5 panying parent of the alien child— 

6 ‘‘(I) has a violent criminal his7 tory; or 

8 ‘‘(II) has committed or been con9 victed of— 

10 ‘‘(aa) an aggravated felony; 

11 ‘‘(bb) a crime involving the 

12 attempted use of physical force 

13 or the threatened use of a deadly 

14 weapon; 

15 ‘‘(cc) an assault resulting in 

16 bodily injury (as defined in sec17 tion 2266 of title 18, United 

18 States Code); or 

19 ‘‘(dd) an offense described 

20 in section 212(a)(2) or 

21 237(a)(2); 

22 ‘‘(iii) determines that the alien child 

23 has been a victim of domestic abuse or sex24 ual abuse; or 

25 ‘‘(iv) the alien child is— 


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1 ‘‘(I) a victim of trafficking; 

2 ‘‘(II) at risk of becoming a victim 

3 of trafficking; 

4 ‘‘(III) in danger of abuse or ne5 glect at the hands of the accom6 panying parent of the alien child; or 

7 ‘‘(IV) a danger to himself or her8 self or to others. 

9 ‘‘(C) CONDITIONS FOR CUSTODY.—The 

10 Secretary of Homeland Security shall ensure 

11 that— 

12 ‘‘(i) each family residential facility or 

13 regional processing center, as applicable, is 

14 secure and safe; and 

15 ‘‘(ii) each alien child and each accom16 panying parent at a family residential fa17 cility or regional processing center— 

18 ‘‘(I) has suitable living accom19 modations; 

20 ‘‘(II) has access to drinking 

21 water and food; 

22 ‘‘(III) has timely access to med23 ical assistance, including mental 

24 health assistance; 


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1 ‘‘(IV) has access to recreational 

2 facilities, educational services, enter3 tainment options, clothing, family visi4 tation, and legal counsel (to the great5 est extent practicable in accordance 

6 with section 292); and 

7 ‘‘(V) has access to any other 

8 service necessary for the adequate 

9 care of a minor child. 

10 ‘‘(3) PROTECTIVE CUSTODY OF ACCOMPANIED

11 ALIEN CHILDREN INELIGIBLE FOR HOUSING IN A

12 FAMILY RESIDENTIAL CENTER.—If an alien child de13 scribed in paragraph (1) may not be housed with the 

14 accompanying parent of the alien child in a family 

15 residential center or regional processing center in ac16 cordance with paragraph (2)(A), the child shall be 

17 treated as an unaccompanied alien child under the 

18 William Wilberforce Trafficking Victims Protection 

19 Reauthorization Act of 2008 (8 U.S.C. 1232 et 

20 seq.). 

21 ‘‘(4) PRIORITIZATION OF ACCOMPANIED MINOR

22 AND FAMILY UNIT PROCEEDINGS.—To the maximum 

23 extent practicable, the Secretary of Homeland Secu24 rity and the Attorney General shall prioritize civil 

25 and criminal proceedings and decisions on requests 


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1 for relief from removal of accompanied alien children 

2 and families who are in custody under this sub3 section.’’. 

4 (b) APPLICABILITY.—The amendments made by this 

5 Act shall apply regardless of the date of the occurrence 

6 of an action giving rise to the admissibility or custody of 

7 the accompanied child or parent. 

8 (c) RULE OF CONSTRUCTION.—Nothing in this sec9 tion, or in the amendments made by this section, may be 

10 construed as terminating the settlement agreement filed 

11 on January 17, 1997, in the United States District Court 

12 for the Central District of California in Flores v. Reno, 

13 CV 85–4544–RJK (commonly known as the ‘‘Flores set14 tlement agreement’’), with respect to an unaccompanied 

15 alien child (as defined in section 462(g)(2) of the Home16 land Security Act of 2002 (6 U.S.C. 279(g)(2))). 

17 SEC. 3. REPATRIATION OF UNACCOMPANIED ALIEN CHIL18 DREN. 

19 (a) IN GENERAL.—Section 235(a) of the William 

20 Wilberforce Trafficking Victims Protection Reauthoriza21 tion Act of 2008 (8 U.S.C. 1232(a)) is amended— 

22 (1) in paragraph (2)— 

23 (A) by amending the paragraph heading to 

24 read as follows: ‘‘RULES FOR UNACCOMPANIED

25 ALIEN CHILDREN.—’’; 


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

2 preceding clause (i), by striking ‘‘who is a na3 tional or habitual resident of a country that is 

4 contiguous with the United States shall be 

5 treated in accordance with subparagraph (B)’’ 

6 and inserting ‘‘shall be treated in accordance 

7 with subparagraph (B) or subsection (b), as ap8 propriate’’; and 

9 (C) in subparagraph (C)— 

10 (i) by amending the subparagraph 

11 heading to read as follows: ‘‘AGREEMENTS

12 WITH FOREIGN COUNTRIES.—’’; and 

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

14 by inserting ‘‘and any other foreign coun15 try that the Secretary determines to be ap16 propriate’’ after ‘‘countries contiguous to 

17 the United States’’; 

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

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

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

21 ‘‘(3) MANDATORY EXPEDITED REMOVAL OF

22 CRIMINALS AND GANG MEMBERS.—Notwithstanding 

23 any other provision of law, the Secretary of Home24 land Security shall place an unaccompanied alien 

25 child in a proceeding in accordance with section 235 


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

2 1225), if the Secretary determines or has reason to 

3 believe that the alien— 

4 ‘‘(A) has been convicted of any offense car5 rying a maximum term of imprisonment of 

6 more than 180 days; 

7 ‘‘(B) has been convicted of, or found to be 

8 a juvenile offender based on, an offense that in9 volved— 

10 ‘‘(i) the use or attempted use of phys11 ical force, or threatened use of a deadly 

12 weapon; 

13 ‘‘(ii) the purchase, sale, offering for 

14 sale, exchange, use, ownership, possession, 

15 or carrying, or, of attempting or conspiring 

16 to purchase, sell, offer for sale, exchange, 

17 use, own, possess, or carry, any weapon, 

18 part, or accessory which is a firearm or de19 structive device (as defined in section 

20 921(a) of title 18, United States Code) in 

21 violation of any law; 

22 ‘‘(iii) child abuse and neglect (as de23 fined in section 40002(a)(3) of the Vio24 lence Against Women Act of 1994 (34 

25 U.S.C. 12291(a)(3))); 


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1 ‘‘(iv) assault resulting in bodily injury 

2 (as defined in section 2266 of title 18, 

3 United States Code); 

4 ‘‘(v) the violation of a protection order 

5 (as defined in section 2266 of title 18, 

6 United States Code); 

7 ‘‘(vi) driving while intoxicated or driv8 ing under the influence (as such terms are 

9 defined in section 164 of title 23, United 

10 States Code); or 

11 ‘‘(vii) any offense under foreign law 

12 (except a purely political offense) that, if 

13 the offense had been committed in the 

14 United States, would render the alien inad15 missible under section 212(a) of the Immi16 gration and Nationality Act (8 U.S.C. 

17 1182(a)); 

18 ‘‘(C) has been convicted of, or found to be 

19 a juvenile offender based on, more than 1 crimi20 nal offense (other than minor traffic offenses); 

21 ‘‘(D) has been convicted of, or found to be 

22 a juvenile offender based on a crime of violence 

23 or an offense under Federal, State, or Tribal 

24 law, that has, as an element, the use or atVerDate Sep 11 2014 03:14 May 07, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1303.IS S1303

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1 tempted use of physical force or the threatened 

2 use of physical force or a deadly weapon; 

3 ‘‘(E) has engaged in, is engaged in, or is 

4 likely to engage after entry in any terrorist ac5 tivity (as defined in section 212(a)(3)(B)(iii) of 

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

7 1182(a)(3)(B)(iii))), or intends to participate or 

8 has participated in the activities of a foreign 

9 terrorist organization (as designated under sec10 tion 219 of the Immigration and Nationality 

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

12 ‘‘(F) has engaged in, is engaged in, or any 

13 time after a prior admission engages in activity 

14 described in section 237(a)(4) of the Immigra15 tion and Nationality Act (8 U.S.C. 1227(a)(4)); 

16 ‘‘(G) is or was a member of a criminal 

17 gang (as defined in section 101(a)(53) of the 

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

19 1101(a)(53))); 

20 ‘‘(H) provided materially false, fictitious, 

21 or fraudulent information regarding age or 

22 identity to the United States Government with 

23 the intent to inaccurately classify as an unac24 companied alien child; or 


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1 ‘‘(I) has entered the United States more 

2 than once in violation of section 275(a) of the 

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

4 1325(a)), knowing that the entry was unlaw5 ful.’’. 

6 (b) PRIORITIZATION OF PROCEEDINGS.—The Sec7 retary of Homeland Security and the Attorney General 

8 shall ensure that immigration proceedings and any claims 

9 for relief, including asylum, for an unaccompanied minor 

10 child are prioritized and expeditiously adjudicated. 

11 SEC. 4. CHILD WELFARE AND LAW ENFORCEMENT INFOR12 MATION 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 placing an unaccompanied alien child with a po20 tential sponsor, the Secretary of Homeland Se21 curity shall notify the Secretary of Health and 

22 Human Services of the immigration status of 

23 such potential sponsor before making such 

24 placement. 


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1 ‘‘(B) OTHER INFORMATION.—The Sec2 retary of Health and Human Services, upon re3 quest, shall provide to the Secretary of Home4 land Security and the Attorney General any rel5 evant information relating to an unaccompanied 

6 alien child who is, or has been, in the custody 

7 of the Secretary of Health and Human Serv8 ices, including the location of such child and 

9 any person to whom custody of the child has 

10 been transferred, for any legitimate law enforce11 ment objective, including the enforcement of the 

12 immigration laws.’’. 

13 SEC. 5. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS. 

14 Section 235(b) of the William Wilberforce Trafficking 

15 Victims Protection Reauthorization Act of 2008, as 

16 amended by section 4, is further amended by adding at 

17 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 un23 accompanied alien children who are in the immediate 

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1 ties are operated in the most efficient manner prac2 ticable. 

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. 6. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN 

13 IN REMOVAL PROCEEDINGS UNDER SECTION 

14 240 OF THE IMMIGRATION AND NATIONALITY 

15 ACT. 

16 (a) IN GENERAL.—Section 235(c)(2) of the William 

17 Wilberforce Trafficking Victims Protection Reauthoriza18 tion Act of 2008 (8 U.S.C. 1232(c)(2)) is amended by 

19 adding at the end the following: 

20 ‘‘(C) CHILDREN IN REMOVAL PRO21 CEEDINGS UNDER SECTION 240.— 

22 ‘‘(i) LIMITATION ON PLACEMENT.— 

23 Notwithstanding any settlement or consent 

24 decree previously issued before the date of 

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1 tion 236.3 of title 8, Code of Federal Reg2 ulations, or a similar successor regulation, 

3 an unaccompanied alien child who has been 

4 placed in a proceeding under section 240 

5 of the Immigration and Nationality Act (8 

6 U.S.C. 1229a) may not be placed in the 

7 custody of a nongovernmental sponsor or 

8 otherwise released from the immediate cus9 tody of the United States Government un10 less— 

11 ‘‘(I) the nongovernmental spon12 sor is a biological or adoptive parent 

13 or legal guardian of the unaccom14 panied alien child; 

15 ‘‘(II) the parent or legal guardian 

16 is legally present in the United States 

17 at the time of such placement; 

18 ‘‘(III) the parent or legal guard19 ian has undergone a mandatory bio20 metric criminal history check; 

21 ‘‘(IV) if the nongovernmental 

22 sponsor is the biological parent, the 

23 parent’s relationship to the alien child 

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1 ing conducted by the Secretary of 

2 Health and Human Services; 

3 ‘‘(V) if the nongovernmental 

4 sponsor is the adoptive parent, the 

5 parent’s relationship to the alien child 

6 has been verified with the judicial 

7 court that issued the final legal adop8 tion decree by the Secretary of Health 

9 and Human Services; and 

10 ‘‘(VI) the Secretary of Health 

11 and Human Services has determined 

12 that the alien child is not a danger to 

13 himself or herself, a danger to the 

14 community, or a flight risk. 

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

16 of Health and Human Services determines 

17 that an unaccompanied alien child is a vic18 tim of severe forms of trafficking in per19 sons (as defined in section 103 of the 

20 Trafficking Victims Protection Act of 2000 

21 (22 U.S.C. 7102)), a special needs child 

22 with a disability (as defined in section 3 of 

23 the Americans with Disabilities Act of 

24 1990 (42 U.S.C. 12102)), a child who has 

25 been a victim of physical or sexual abuse 


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1 under circumstances that indicate that the 

2 child’s health or welfare has been signifi3 cantly harmed or threatened, or a child 

4 with mental health needs that require on5 going assistance from a social welfare 

6 agency, such child may be placed with a 

7 grandparent or adult sibling if the grand8 parent or adult sibling meets the require9 ments for parents or legal guardians under 

10 subclauses (II), (III), and (IV) of clause 

11 (i). 

12 ‘‘(iii) FAILURE TO APPEAR.— 

13 ‘‘(I) CIVIL PENALTY.—Except as 

14 provided in subclause (II), if an unac15 companied alien child who was placed 

16 with a sponsor fails to appear in a 

17 mandatory court appearance, the 

18 sponsor shall be subject to a civil pen19 alty of $250 per day until the alien 

20 appears in court, up to a maximum 

21 penalty of $5,000. 

22 ‘‘(II) BURDEN OF PROOF.—The 

23 penalty under subclause (I) shall not 

24 apply to a sponsor who— 


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1 ‘‘(aa) appears in person and 

2 proves to the immigration court 

3 that the failure to appear by the 

4 unaccompanied alien child was 

5 not the fault of the sponsor; and 

6 ‘‘(bb) supplies the immigra7 tion court with documentary evi8 dence that supports the assertion 

9 described in item (aa). 

10 ‘‘(iv) PROHIBITION ON PLACEMENT

11 WITH SEX OFFENDERS AND HUMAN TRAF12 FICKERS.—The Secretary of Health and 

13 Human Services may not place an unac14 companied alien child under this subpara15 graph in the custody of an individual who 

16 has been convicted of, or the Secretary has 

17 reason to believe was otherwise involved in 

18 the commission of— 

19 ‘‘(I) a sex offense (as defined in 

20 section 111 of the Sex Offender Reg21 istration and Notification Act (34 

22 U.S.C. 20911)); 

23 ‘‘(II) a crime involving severe 

24 forms of trafficking in persons (as de25 fined in section 103 of the Trafficking 


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1 Victims Protection Act of 2000 (22 

2 U.S.C. 7102)); or 

3 ‘‘(III) an offense under Federal, 

4 State, or Tribal law that has, as an 

5 element of the offense, the use or at6 tempted use of physical force or the 

7 threatened use of physical force or a 

8 deadly weapon. 

9 ‘‘(v) REQUIREMENTS OF CRIMINAL

10 BACKGROUND CHECK.—Each biometric 

11 criminal history check required under 

12 clause (i)(III) shall be conducted using a 

13 set of fingerprints or other biometric iden14 tifier through— 

15 ‘‘(I) the Federal Bureau of Inves16 tigation; 

17 ‘‘(II) criminal history repositories 

18 of all States that the individual lists 

19 as current or former residences; and 

20 ‘‘(III) any other Federal or State 

21 database or repository that the Sec22 retary of Health and Human Services 

23 determines to be appropriate.’’. 

24 (b) HOME STUDIES AND FOLLOW-UP SERVICES FOR

25 UNACCOMPANIED ALIEN CHILDREN.—Section 235(c)(3) 


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1 of the William Wilberforce Trafficking Victims Protection 

2 Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is 

3 amended— 

4 (1) by redesignating subparagraph (C) as sub5 paragraph (D); and 

6 (2) by striking subparagraph (B) and inserting 

7 the following: 

8 ‘‘(B) HOME STUDIES.— 

9 ‘‘(i) IN GENERAL.—Except as pro10 vided under clause (ii), the Secretary of 

11 Health and Human Services shall deter12 mine whether a home study is necessary 

13 before placing a child with an individual. 

14 ‘‘(ii) REQUIRED HOME STUDIES.—A 

15 home study shall be conducted for a 

16 child— 

17 ‘‘(I) who is a victim of a severe 

18 form of trafficking in persons or is a 

19 special needs child with a disability 

20 (as defined in section 3 of the Ameri21 cans with Disabilities Act of 1990 (42 

22 U.S.C. 12102)); 

23 ‘‘(II) who has been a victim of 

24 physical or sexual abuse under cir25 cumstances that indicate that the 


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1 child’s health or welfare has been sig2 nificantly harmed or threatened; 

3 ‘‘(III) whose proposed sponsor 

4 presents a risk of abuse, maltreat5 ment, exploitation, or trafficking to 

6 the child based on all available objec7 tive evidence if more than 2 other 

8 children are residing with the pro9 posed sponsor, or if such sponsor has 

10 custody of at least 1 other unaccom11 panied alien child; or 

12 ‘‘(IV) if more than 2 other chil13 dren are residing with the proposed 

14 sponsor, or if such sponsor has cus15 tody of at least 1 other unaccom16 panied alien child. 

17 ‘‘(C) FOLLOW-UP SERVICES AND ADDI18 TIONAL HOME STUDIES.— 

19 ‘‘(i) PENDENCY OF REMOVAL PRO20 CEEDINGS.—Not less frequently than once 

21 every 180 days until the date on which ini22 tial removal proceedings are completed and 

23 the immigration judge issues an order of 

24 removal, grants voluntary departure under 

25 section 240B, or grants the alien relief 


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1 from removal, the Secretary of Health and 

2 Human Services shall conduct follow-up 

3 services for any child for whom a home 

4 study was conducted and who was placed 

5 with a nongovernmental sponsor. 

6 ‘‘(ii) CHILDREN WITH MENTAL

7 HEALTH OR OTHER NEEDS.—Not less fre8 quently than once every 180 days, until the 

9 date that is 2 years after the date on 

10 which a child is placed with a nongovern11 mental sponsor, the Secretary of Health 

12 and Human Services shall conduct follow13 up services for any child with mental 

14 health needs or other needs who could ben15 efit from ongoing assistance from a social 

16 welfare agency. 

17 ‘‘(iii) CHILDREN AT RISK.—Not less 

18 frequently than once every 90 days until 

19 the date that is 2 years after the date on 

20 which a child is placed with a nongovern21 mental sponsor, the Secretary of Health 

22 and Human Services shall conduct home 

23 studies and follow-up services, including 

24 partnering with local community programs 


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1 that focus on early morning and after 

2 school programs for at-risk children who— 

3 ‘‘(I) need a secure environment 

4 to engage in studying, training, and 

5 skills-building programs; and 

6 ‘‘(II) are at risk for recruitment 

7 by criminal gangs or other 

8 transnational criminal organizations 

9 in the United States.’’. 

10 SEC. 7. FRAUD IN CONNECTION WITH THE TRANSFER OF 

11 CUSTODY OF UNACCOMPANIED ALIEN CHIL12 DREN. 

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

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘§ 1041. Fraud in connection with the transfer of cus17 tody of unaccompanied alien children 

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

19 to obtain custody of an unaccompanied alien child (as de20 fined in section 462(g) of the Homeland Security Act of 

21 2002 (6 U.S.C. 279(g)))— 

22 ‘‘(1) by making any materially false, fictitious, 

23 or fraudulent statement or representation; or 

24 ‘‘(2) by making or using any false writing or 

25 document with the knowledge that such writing or 


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1 document contains any materially false, fictitious, or 

2 fraudulent statement or entry. 

3 ‘‘(b) PENALTIES.— 

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

5 attempts or conspires to violate, subsection (a) shall 

6 be fined under this title and imprisoned for not less 

7 than 1 year. 

8 ‘‘(2) ENHANCED PENALTY FOR TRAF9 FICKING.—If the primary purpose of a violation, at10 tempted violation, or conspiracy to violate this sec11 tion was to subject the child to sexually explicit ac12 tivity or any other form of exploitation, the offender 

13 shall be fined under this title and imprisoned for not 

14 less than 15 years.’’. 

15 (b) CLERICAL AMENDMENT.—The chapter analysis 

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

17 by adding at the end the following: 

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

children.’’. 

18 SEC. 8. NOTIFICATION OF STATES AND FOREIGN GOVERN19 MENTS, REPORTING, AND MONITORING. 

20 Section 235 of the William Wilberforce Trafficking 

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

22 1232), as amended by this Act, is further amended by 

23 adding at the end the following: 

24 ‘‘(k) NOTIFICATION TO STATES.— 


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1 ‘‘(1) BEFORE PLACEMENT.—The Secretary of 

2 Homeland Security or the Secretary of Health and 

3 Human Services shall notify the Governor of a State 

4 no later than 48 hours before placing an unaccom5 panied alien child who is in the custody of such Sec6 retary into the care of a facility or sponsor in such 

7 State. 

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

9 days after the date of the enactment of this sub10 section, the Secretary of Health and Human Serv11 ices shall submit a report to the Governor of each 

12 State in which an unaccompanied alien child was 

13 discharged to a sponsor or placed in a facility while 

14 remaining in the legal custody of the Secretary dur15 ing the period beginning October 1, 2013, and end16 ing on the date of the enactment of this subsection. 

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

18 Health and Human Services shall submit a monthly 

19 report to the Governor of each State in which, dur20 ing the reporting period, an unaccompanied alien 

21 child was discharged to a sponsor or placed in a fa22 cility while remaining in the legal custody of the 

23 Secretary of Health and Human Services. 

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

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1 graph (2) or (3) shall identify the number of unac2 companied alien children placed in the State during 

3 the reporting period, disaggregated by— 

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

5 placed; and 

6 ‘‘(B) the age of such aliens. 

7 ‘‘(l) NOTIFICATION OF FOREIGN COUNTRY.—The 

8 Secretary of Homeland Security shall provide information 

9 regarding each unaccompanied alien child to the govern10 ment of the country of which the child is a national to 

11 assist such government with the identification and reunifi12 cation of such child with their parent or other qualifying 

13 relative. 

14 ‘‘(m) MONITORING REQUIREMENT.—The Secretary 

15 of Health and Human Services shall— 

16 ‘‘(1) require all sponsors to agree— 

17 ‘‘(A) to receive approval from the Sec18 retary of Health and Human Services before 

19 changing the location in which the sponsor is 

20 housing an unaccompanied alien child placed in 

21 the sponsor’s custody; and 

22 ‘‘(B) to provide a current address for the 

23 child and the reason for the change of address; 

24 ‘‘(2) provide regular and frequent monitoring of 

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1 companied alien child who has been discharged to a 

2 sponsor or remained in the legal custody of the Sec3 retary until the child’s immigration case is resolved; 

4 and 

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

6 the enactment of this subsection, submit a plan to 

7 Congress for implementing the requirements under 

8 paragraphs (1) and (2).’’. 

9 SEC. 9. REPORTS TO CONGRESS. 

10 (a) REPORTS ON CARE OF UNACCOMPANIED ALIEN

11 CHILDREN.—Not later than September 30, 2020, the Sec12 retary of Health and Human Services shall submit to Con13 gress, and make publicly available, a report that in14 cludes— 

15 (1) a detailed summary of the contracts in ef16 fect to care for and house unaccompanied alien chil17 dren, including the names and locations of contrac18 tors and the facilities being used; 

19 (2) for each contractor and facility referred to 

20 in paragraph (1), the cost per day to care for and 

21 house an unaccompanied alien child, including an ex22 planation of such cost; 

23 (3) the number of unaccompanied alien children 

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


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

2 alien children have been released from the custody of 

3 the Secretary of Health and Human Services to the 

4 care of a sponsor or placement in a facility; 

5 (5) the number of unaccompanied alien children 

6 who have been released to a sponsor who is not law7 fully present in the United States, including the 

8 country of nationality or last habitual residence and 

9 age of such children; 

10 (6) a determination of whether more than 1 un11 accompanied alien child has been released to the 

12 same sponsor, including the number of children who 

13 were released to such sponsor; 

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

15 Secretary of Health and Human Services is moni16 toring the release of unaccompanied alien children, 

17 including home studies done and electronic moni18 toring devices used; 

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

20 Secretary of Health and Human Services is making 

21 efforts— 

22 (A) to educate unaccompanied alien chil23 dren about their legal rights; and 

24 (B) to provide unaccompanied alien chil25 dren with access to pro bono counsel; and 


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1 (9) the extent of the public health issues of un2 accompanied alien children, including contagious dis3 eases, the benefits or medical services provided, and 

4 the outreach to States and localities about public 

5 health issues, that could affect the public. 

6 (b) REPORTS ON REPATRIATION AGREEMENTS.— 

7 Not later than September 30, 2020, the Secretary of State 

8 shall submit to Congress, and make publicly available, a 

9 report that— 

10 (1) includes a copy of any repatriation agree11 ment in effect for unaccompanied alien children; 

12 (2) describes any such repatriation agreement 

13 that is being considered or negotiated; and 

14 (3) describes the funding provided by the 

15 United States Government to the 20 countries that 

16 have the highest number of nationals entering the 

17 United States as unaccompanied alien children, in18 cluding amounts provided— 

19 (A) to deter the nationals of each country 

20 from illegally entering the United States; and 

21 (B) to care for or reintegrate repatriated 

22 unaccompanied alien children in the country of 

23 nationality or last habitual residence. 

24 (c) REPORTS ON RETURNS TO COUNTRY OF NATION25 ALITY.—Not later than September 30, 2020, the SecVerDate Sep 11 2014 03:14 May 07, 2019 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1303.IS S1303

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1 retary of Homeland Security shall submit to Congress, 

2 and make publicly available, a report that identifies— 

3 (1) the number of unaccompanied alien children 

4 who have voluntarily returned to their country of na5 tionality or habitual residence, disaggregated by— 

6 (A) country of nationality or habitual resi7 dence; and 

8 (B) age of the unaccompanied alien chil9 dren; 

10 (2) the number of unaccompanied alien children 

11 who have been returned to their country of nation12 ality or habitual residence, including the length of 

13 time such children were present in the United 

14 States; 

15 (3) the number of unaccompanied alien children 

16 who have not been returned to their country of na17 tionality or habitual residence pending travel docu18 ments or other requirements from such country, in19 cluding how long they have been waiting to return; 

20 and 

21 (4) the number of unaccompanied alien children 

22 who were granted relief in the United States, wheth23 er through asylum, any other immigration benefit or 

24 status, or deferred action. 


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1 (d) REPORTS ON IMMIGRATION PROCEEDINGS.—Not 

2 later than September 30, 2020, and not less frequently 

3 than every 90 days thereafter, the Secretary of Homeland 

4 Security, in coordination with the Director of the Execu5 tive Office for Immigration Review, shall submit to Con6 gress, and make publicly available, a report that identi7 fies— 

8 (1) the number of unaccompanied alien children 

9 who, after proceedings under section 235B of the 

10 Immigration and Nationality Act (were returned to 

11 their country of nationality or habitual residence, 

12 disaggregated by— 

13 (A) country of nationality or residence; and 

14 (B) age and gender of such aliens; 

15 (2) the number of unaccompanied alien children 

16 who, after proceedings under section 235(b) of the 

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

18 1225(b)), prove a claim of admissibility and are 

19 placed in proceedings under section 240 of that Act 

20 (8 U.S.C. 1229a); 

21 (3) the number of unaccompanied alien children 

22 who fail to appear at a removal hearing that such 

23 alien was required to attend; 

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

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1 alty was collected, for the failure of an unaccom2 panied alien child to appear at a removal hearing; 

3 and 

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

5 unaccompanied alien children, the ages and coun6 tries of nationality of such children, and the orders 

7 issued by the immigration judge at the conclusion of 

8 proceedings under section 235(b) of the Immigration 

9 and Nationality Act for such children. 

10 SEC. 10. ASYLUM PROCESSING. 

11 Section 208 of the Immigration and Nationality Act 

12 (8 U.S.C. 1158(a)) is amended— 

13 (1) in subsection (a), by striking ‘‘(whether or 

14 not at a designated port of arrival and including an 

15 alien who is brought to the United States after hav16 ing been interdicted in international or United 

17 States waters),’’ and inserting ‘‘at a designated port 

18 of entry (including an alien who is brought to the 

19 United States after having been interdicted in inter20 national or United States waters),’’; and 

21 (2) in subsection (b)(2)(A)— 

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

23 end; 

24 (B) in clause (vi), by striking the period at 

25 the end and inserting ‘‘; or’’ at the end; and 


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

2 ‘‘(vii) the alien arrived in the United 

3 States anywhere other than at a des4 ignated port of entry.’’. 

5 SEC. 11. BIOMETRIC AND DNA COLLECTION. 

6 (a) COLLECTION OF BIOMETRIC INFORMATION.— 

7 The Commissioner of U.S. Customs and Border Protec8 tion shall verify parentage or other family relationships 

9 of individuals apprehended along the border or at des10 ignated ports of entry, in accordance with section 411(c) 

11 of the Homeland Security Act of 2002 (6 U.S.C. 211(c)), 

12 by photographing and collecting biometric information 

13 from all alien children apprehended by U.S. Customs and 

14 Border Protection who were younger than 18 years of age 

15 at the time of such apprehension. 

16 (b) COLLECTION OF DNA SAMPLES.— 

17 (1) IN GENERAL.—The Secretary of Homeland 

18 Security or the Attorney General shall verify parent19 age or other family relationships of individuals ap20 prehended along the border or at designated ports of 

21 entry, in accordance with section 3(a) of the DNA 

22 Analysis Backlog Elimination Act of 2000 (34 

23 U.S.C. 40702(a)), shall conduct DNA analysis from 

24 all alien children younger than 18 years of age who 

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1 tection or U.S. Immigration and Customs Enforce2 ment. 

3 (2) RAPID DNA.—DNA analysis conducted 

4 under paragraph (1) may be may be carried out with 

5 Rapid DNA instruments (as defined in section 

6 3(c)(3) of the DNA Analysis Backlog Elimination 

7 Act of 2000 (34 U.S.C. 40702(c)(3))). 

8 SEC. 12. STANDARD OPERATING PROCEDURES; FACILITIES 

9 STANDARDS. 

10 (a) STANDARD OPERATING PROCEDURES.—Section 

11 411(k)(1) of the Homeland Security Act of 2002 (6 

12 U.S.C. 211(k)) is amended— 

13 (1) in subparagraph (D), by striking ‘‘and’’ at 

14 the end; 

15 (2) in subparagraph (E)(iv), by striking the pe16 riod at the end and inserting ‘‘; and’’; and 

17 (3) adding at the end the following: 

18 ‘‘(F) standard operating procedures re19 garding the detection, interdiction, inspection, 

20 processing, or transferring of alien children that 

21 officers and agents of U.S. Customs and Border 

22 Protection shall employ in the execution of their 

23 duties.’’. 

24 (b) FACILITIES STANDARDS.— 


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1 (1) INITIAL REVIEW AND UPDATE.—Not later 

2 than 270 days after the date of the enactment of 

3 this Act, the Secretary of Homeland Security shall 

4 review and update the regulations under part 115 of 

5 title 6, Code of Federal Regulations, which set 

6 standards to prevent, detect, and respond to sexual 

7 abuse and assault in immigration detention facilities 

8 and other holding facilities under the jurisdiction of 

9 the Department of Homeland Security. 

10 (2) QUADRENNIAL REVIEW.—The Secretary of 

11 Homeland Security shall review and update the reg12 ulations referred to in paragraph (1) not less fre13 quently than once every 4 years. 

14 SEC. 13. REGIONAL PROCESSING CENTERS. 

15 Subtitle C of title IV of the Homeland Security Act 

16 of 2002 (6 U.S.C. 231 et seq.) is amended by adding at 

17 the end the following: 

18 ‘‘SEC. 437. REGIONAL PROCESSING CENTERS. 

19 ‘‘(a) IN GENERAL.—The Secretary shall establish at 

20 least 4 regional processing centers located in high traffic 

21 sectors of U.S. Border Patrol, as determined by the Sec22 retary, along the southern border land border of the 

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1 ditiously transported to the nearest regional processing 

2 center. 

3 ‘‘(b) PURPOSE.—The regional processing centers es4 tablished pursuant to subsection (a) shall carry out family 

5 unit processing activities, including— 

6 ‘‘(1) criminal history checks; 

7 ‘‘(2) identity verification; 

8 ‘‘(3) DNA analysis; 

9 ‘‘(4) medical screenings; 

10 ‘‘(5) asylum interviews and credible fear deter11 minations under section 235 of the Immigration and 

12 Nationality Act (8 U.S.C. 1225); and 

13 ‘‘(6) other activities prescribed by the Sec14 retary. 

15 ‘‘(c) PERSONNEL AND LIVING CONDITIONS.—The re16 gional processing centers established pursuant to sub17 section (a) shall include— 

18 ‘‘(1) personnel assigned from— 

19 ‘‘(A) U.S. Customs and Border Protection; 

20 ‘‘(B) U.S. Immigration and Customs En21 forcement; 

22 ‘‘(C) the Federal Emergency Management 

23 Agency; 

24 ‘‘(D) U.S. Citizenship and Immigration 

25 Services; and 


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1 ‘‘(E) the Office of Refugee Resettlement of 

2 the Department of Health and Human Services; 

3 ‘‘(2) upon agreement with the Secretary of De4 fense, personnel assigned from the Department of 

5 Defense; 

6 ‘‘(3) sufficient medical staff, including physi7 cians specializing in pediatric or family medicine, 

8 nurse practitioners, and physician assistants; 

9 ‘‘(4) licensed social workers; 

10 ‘‘(5) mental health professionals; and 

11 ‘‘(6) a sufficient number of detention beds to 

12 detain all family units apprehended by U.S. Customs 

13 and Border Protection in the sector of the U.S. Bor14 der Patrol in which such regional processing center 

15 is located for not fewer than 20 days. 

16 ‘‘(d) IMMIGRATION JUDGES.—During the 2-year pe17 riod beginning on the date of the enactment of this sec18 tion, the Attorney General shall assign not fewer than 2 

19 immigration judges to each southwest border family resi20 dential center or other southwest border location agreed 

21 upon by the Attorney General and the Secretary of Home22 land Security to expeditiously adjudicate the immigration 

23 proceedings of family units and other aliens arrested and 

24 detained by the Department of Homeland Security. 


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1 ‘‘(e) CRIMINAL HISTORY CHECKS AND DNA ANAL2 YSIS.— 

3 ‘‘(1) IN GENERAL.—Each biometric criminal 

4 history check carried out under subsection (b)(1) 

5 shall be conducted using a set of fingerprints or 

6 other biometric identifier obtained from— 

7 ‘‘(A) the Federal Bureau of Investigation; 

8 ‘‘(B) the criminal history repositories of all 

9 States that the individual listed as a current or 

10 former residence; and 

11 ‘‘(C) any other appropriate Federal or 

12 State database or repository, as determined by 

13 the Secretary of Health and Human Services.’’. 

14 ‘‘(2) USE OF RAPID DNA INSTRUMENTS.—DNA 

15 analysis under subsection (b)(3) may be carried out 

16 with Rapid DNA instruments. 

17 ‘‘(f) EXCEPTIONS FOR ADDITIONAL PURPOSES.— 

18 Subject to operational and spatial availability, in the event 

19 of a major disaster or emergency declared under the Rob20 ert T. Stafford Disaster Relief and Emergency Assistance 

21 Act (42 U.S.C. 5121 et seq.) or any homeland security 

22 crisis requiring the establishment of a departmental Joint 

23 Task Force under section 708(b), the Secretary may tem24 porarily utilize a regional processing center to carry out 

25 operations relating to such declaration or crisis. 


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1 ‘‘(g) PRIVATE DONATIONS.—The Department of 

2 Homeland Security may accept donations from the private 

3 sector, nongovernmental organizations, and other groups 

4 independent of the Federal Government for the care of 

5 children and family units detained at a regional processing 

6 center established under subsection (a), including— 

7 ‘‘(1) medical goods and services; 

8 ‘‘(2) school supplies; 

9 ‘‘(3) toys; 

10 ‘‘(4) clothing; and 

11 ‘‘(5) any other items intended to promote the 

12 well being of such children and family units. 

13 ‘‘(h) DEFINITIONS.—In this section, the terms ‘DNA 

14 analysis’, ‘DNA sample’, and ‘Rapid DNA instruments’ 

15 have the meanings given such terms under section 3(c) 

16 of the DNA Analysis Backlog Elimination Act of 2000 (34 

17 U.S.C. 40702(c)).’’. 

18 SEC. 14. AUTHORIZATION TO HIRE ADDITIONAL U.S. CUS19 TOMS AND BORDER PROTECTION AND U.S. 

20 IMMIGRATION AND CUSTOMS ENFORCEMENT 

21 PERSONNEL. 

22 (a) OFFICERS.—The Commissioner of U.S. Customs 

23 and Border Protection shall hire, train, and assign not 

24 fewer than 600 new Office of Field Operations Officers 

25 (above the current attrition level) during every fiscal year 


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1 until the total number of Office of Field Operations Offi2 cers equals and sustains the requirements identified each 

3 year in the Workload Staffing Model. 

4 (b) SUPPORT STAFF.—The Commissioner is author5 ized to hire, train, and assign support staff, including 

6 technicians, to perform non law enforcement administra7 tive functions to support the new Office of Field Oper8 ations officers hired pursuant to subsection (a). 

9 (c) AGRICULTURE SPECIALISTS.—Not later than 

10 September 30, 2021, the Secretary of Homeland Security 

11 shall hire, train, and assign to duty 631 U.S. Customs 

12 and Border Protection Agriculture Specialists to ports of 

13 entry along the southern and northern borders of the 

14 United States. 

15 (d) TRAFFIC FORECASTS.—In calculating the num16 ber of Office of Field Operations Officers needed at each 

17 port of entry through the Workload Staffing Model, the 

18 Commissioner shall— 

19 (1) rely on data collected regarding the inspec20 tions and other activities conducted at each such 

21 port of entry; and 

22 (2) consider volume from seasonal surges, other 

23 projected changes in commercial and passenger vol24 umes, the most current commercial forecasts, and 

25 other relevant information. 


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1 (e) GAO REPORT.—If the Commissioner does not 

2 hire 600 additional Office of Field Operations officers pur3 suant to subsection (a) during fiscal year 2020, or during 

4 any subsequent fiscal year in which the hiring require5 ments set forth in the Workload Staffing Model have not 

6 been achieved, the Comptroller General of the United 

7 States shall— 

8 (1) conduct a review of U.S. Customs and Bor9 der Protection hiring practices to determine the rea10 sons that such requirements were not achieved and 

11 other issues related to hiring by U.S. Customs and 

12 Border Protection; and 

13 (2) submit a report to the Committee on Home14 land Security and Governmental Affairs of the Sen15 ate and the Committee on Homeland Security of the 

16 House of Representatives that describes the results 

17 of the review conducted under paragraph (1). 

18 (f) U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

19 PERSONNEL INCREASES.—The Director of U.S. Immigra20 tion and Customs Enforcement shall hire, train, and as21 sign— 

22 (1) not fewer than 1,000 new Enforcement and 

23 Removal Operations Officers; 


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1 (2) not fewer than 665 Enforcement and Re2 moval Operations support personnel to address case 

3 management responsibilities; 

4 (3) not fewer than 128 attorneys in the Office 

5 of the Principal Legal Advisor; and 

6 (4) not fewer than 41 support staff within the 

7 Office of the Principal Legal Advisor to assist immi8 gration judges within the Executive Office for Immi9 gration Review with removal, asylum, and custody 

10 determination proceedings. 

11 SEC. 15. PORTS OF ENTRY INFRASTRUCTURE IMPROVE12 MENTS. 

13 (a) ADDITIONAL PORTS OF ENTRY.— 

14 (1) AUTHORITY.—The Secretary of Homeland 

15 Security may construct new ports of entry along the 

16 northern and southern borders of the United States 

17 at locations determined by the Secretary, after ap18 propriate consultations pursuant to paragraph (2). 

19 (2) CONSULTATIONS.— 

20 (A) REQUIREMENT TO CONSULT.—The 

21 Secretary of Homeland Security shall consult 

22 with the Secretary of State, the Secretary of 

23 the Interior, the Secretary of Agriculture, the 

24 Secretary of Transportation, the Administrator 

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1 propriate representatives of State and local gov2 ernments, and Indian tribes, and property own3 ers in the United States before selecting a loca4 tion for any new port constructed pursuant to 

5 paragraph (1). 

6 (B) CONSIDERATIONS.—The purpose of 

7 the consultations required under subparagraph 

8 (A) shall be to minimize any negative impacts 

9 of new ports of entry on the environment, cul10 ture, commerce, and quality of life of the com11 munities and residents located near such new 

12 ports of entry. 

13 (b) EXPANSION AND MODERNIZATION OF HIGH-PRI14 ORITY BORDER PORTS OF ENTRY.—Not later than Sep15 tember 30, 2021, the Secretary of Homeland Security 

16 shall modernize the top 10 high-priority ports of entry on 

17 the southern border of the United States. 

18 (c) PORT OF ENTRY PRIORITIZATION.—The Sec19 retary of Homeland Security shall complete the expansion 

20 and modernization of ports of entry pursuant to sub21 section (b), to the extent practicable, before constructing 

22 any new ports of entry pursuant to subsection (a). 

23 (d) NOTIFICATION.— 

24 (1) NEW PORTS OF ENTRY.—Not later than 15 

25 days after determining the location of a new port of 


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1 entry pursuant to subsection (a), the Secretary of 

2 Homeland Security shall submit a report to the enti3 ties listed in paragraph (2) that includes— 

4 (A) the location of the new port of entry; 

5 (B) a description of the need for, and an6 ticipated benefits of, the new port of entry; 

7 (C) a description of the consultations un8 dertaken by the Secretary pursuant to sub9 section (a)(2); 

10 (D) any actions that will be taken to mini11 mize negative impacts of the new port; and 

12 (E) the anticipated timeline for completing 

13 the construction of the new port of entry. 

14 (2) RECIPIENTS.—The entities listed in this 

15 paragraph are— 

16 (A) the members of Congress that rep17 resent the State or congressional district in 

18 which the new port of entry will be located; 

19 (B) the Committee on Homeland Security 

20 and Governmental Affairs of the Senate; 

21 (C) the Committee on Finance of the Sen22 ate; 

23 (D) the Committee on the Judiciary of the 

24 Senate; 


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1 (E) the Committee on Homeland Security 

2 of the House of Representatives; 

3 (F) the Committee on Ways and Means of 

4 the House of Representatives; and 

5 (G) the Committee on the Judiciary of the 

6 House of Representatives. 

7 (3) TOP 10 HIGH-VOLUME PORTS.—Not later 

8 than 180 days after the date of the enactment of 

9 this Act, the Secretary of Homeland Security shall 

10 submit a report to the congressional committees list11 ed under paragraph (2) that— 

12 (A) lists the top 10 high-volume ports of 

13 entry on the southern border of the United 

14 States; and 

15 (B) the Secretary’s plan for expanding the 

16 primary and secondary inspection lanes at each 

17 port of entry referred to in subparagraph (A). 

18 SEC. 16. FOREIGN ENGAGEMENT STRATEGY. 

19 (a) IN GENERAL.—Not later than 270 days after the 

20 date of the enactment of this Act, the Secretary of State, 

21 in coordination with the Secretary of Homeland Security, 

22 shall submit a strategy to the congressional committees 

23 listed in subsection (c) that describes how the United 

24 States Government will— 


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1 (1) engage with the Government of Mexico and 

2 the Government of Guatemala regarding new oppor3 tunities for cooperation on Mexico’s border with 

4 Guatemala; 

5 (2) foster cooperation between Mexican and 

6 Guatemalan authorities at high-volume ports of 

7 entry to synchronize border security technologies be8 tween Mexico and Guatemala to improve border se9 curity and trade facilitation; and 

10 (3) help modernize infrastructure and tech11 nology at ports of entry in Guatemala, including 

12 nonintrusive inspection equipment, to more fully 

13 automate the inspection process. 

14 (b) IMPLEMENTATION.—No later than 1 year after 

15 the date of the enactment of this Act, the Secretary of 

16 State, in coordination with the Secretary of Homeland Se17 curity, shall submit a report to the congressional commit18 tees listed in subsection (c) that describes the steps that 

19 have been taken to implement the strategy described in 

20 subsection (a). 

21 (c) RECIPIENTS.—The congressional committees list22 ed in this paragraph are— 

23 (1) the Committee on Foreign Relations of the 

24 Senate; 


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1 (2) the Committee on the Judiciary of the Sen2 ate; 

3 (3) the Committee on Foreign Affairs of the 

4 House of Representatives; and 

5 (4) the Committee on the Judiciary of the 

6 House of Representatives. 

7 SEC. 17. DETERRING VISA OVERSTAYS. 

8 (a) ADMISSION OF NONIMMIGRANTS.—Section 214 of 

9 the Immigration and Nationality Act (8 U.S.C. 1184) is 

10 amended by striking the section designation and heading 

11 and all that follows through the end of subsection (a)(1) 

12 and inserting the following: 

13 ‘‘SEC. 214. ADMISSION OF NONIMMIGRANTS. 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) TERMS AND CONDITIONS OF ADMISSION.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graphs (B) and (C), the admission to the 

18 United States of any alien as a nonimmigrant 

19 may be for such time and under such conditions 

20 as the Secretary may prescribe, in his or her 

21 sole and unreviewable discretion, including 

22 when the Secretary deems necessary the giving 

23 of a bond with sufficient surety in such sum 

24 and containing such conditions as the Secretary 

25 shall prescribe, to ensure that at the expiration 


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1 of such time or upon failure to maintain the 

2 status under which the alien was admitted, or 

3 to maintain any status subsequently acquired 

4 under section 248, such alien will depart from 

5 the United States. 

6 ‘‘(B) GUAM OR CNMI VISA WAIVER NON7 IMMIGRANTS.—No alien admitted to Guam or 

8 the Commonwealth of the Northern Mariana Is9 lands without a visa pursuant to section 212(l) 

10 may be authorized to enter or stay in the 

11 United States, other than in Guam or the Com12 monwealth of the Northern Mariana Islands, or 

13 to remain in Guam or the Commonwealth of 

14 the Northern Mariana Islands for a period ex15 ceeding 45 days after the date on which the 

16 alien was admitted to Guam or the Common17 wealth of the Northern Mariana Islands. 

18 ‘‘(C) VISA WAIVER PROGRAM NON19 IMMIGRANTS.—An alien admitted to the United 

20 States without a visa pursuant to section 217 

21 shall not be authorized to remain in the United 

22 States as a nonimmigrant visitor for a period 

23 exceeding 90 days from the date on which the 

24 alien was admitted. 


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•S 1303 IS

1 ‘‘(D) BAR TO IMMIGRATION BENEFITS AND

2 TO CONTESTING REMOVAL.— 

3 ‘‘(i) DEFINED TERM.—In this sub4 paragraph, the term ‘good cause’ means 

5 extreme exigent humanitarian cir6 cumstances, determined on a case-by-case 

7 basis only, such as a medical emergency or 

8 force majeure. 

9 ‘‘(ii) CONSEQUENCE OF OVERSTAY.— 

10 Subject to clause (iii), except for an alien 

11 admitted as a nonimmigrant under sub12 paragraph (A)(i), (A)(ii), (G)(i), (G)(ii), or 

13 (G)(iii) of section 101(a)(15) or as a 

14 NATO–1, 2, 3, 4, 5, or 6 nonimmigrant, 

15 any alien who remains in the United 

16 States for a period of more than 30 days 

17 after the date on which the period of stay 

18 or parole authorized by the Secretary for 

19 the alien ends, without good cause, is inad20 missible and ineligible for all immigration 

21 benefits or relief available under the immi22 gration laws, including relief under sec23 tions 240A(b)(1), 240B(b), 245, 248, and 

24 249, other than— 

25 ‘‘(I) asylum; 


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•S 1303 IS

1 ‘‘(II) relief as a victim of traf2 ficking under section 101(a)(15)(T); 

3 ‘‘(III) relief as a victim of crimi4 nal activity under section 

5 101(a)(15)(U); 

6 ‘‘(IV) relief under the Violence 

7 Against Women Act of 1994 (42 

8 U.S.C. 13701 et seq.) as a spouse or 

9 child who has been battered or sub10 jected to extreme cruelty; 

11 ‘‘(V) relief as a battered spouse 

12 or child under section 240A(b)(2); 

13 ‘‘(VI) withholding of removal 

14 under section 241(b)(3); or 

15 ‘‘(VII) protection from removal 

16 based on a claim under the Conven17 tion Against Torture and Other Cruel, 

18 Inhuman or Degrading Treatment or 

19 Punishment, done at New York, De20 cember 10, 1984. 

21 ‘‘(iii) EXCEPTION.—The Secretary 

22 may, in the Secretary’s sole and 

23 unreviewable discretion, determine that a 

24 nonimmigrant is not subject to clause (ii) 

25 if— 


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•S 1303 IS

1 ‘‘(I) the alien was lawfully in2 spected and admitted to the United 

3 States as a nonimmigrant; 

4 ‘‘(II) the alien filed a nonfrivo5 lous application for change of status 

6 to another nonimmigrant category or 

7 for an extension of stay before the 

8 date on which the alien’s authorized 

9 period of stay as a nonimmigrant ex10 pired; 

11 ‘‘(III) the alien has not been em12 ployed without authorization in the 

13 United States, before or during pend14 ency of the application referred to in 

15 subclause (II); 

16 ‘‘(IV) the alien has not otherwise 

17 violated the terms of the alien’s non18 immigrant status; and 

19 ‘‘(V) the Secretary, in the Sec20 retary’s sole and unreviewable discre21 tion, determines that the alien is not 

22 a threat to national security or public 

23 safety. 

24 ‘‘(iv) DETENTION AND EXPEDITED

25 REMOVAL.—An alien described in clause 


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•S 1303 IS

1 (ii) who remains in the United States more 

2 than 30 days after the date on which the 

3 period of stay authorized by the Secretary 

4 ends, without good cause, shall be detained 

5 and the Secretary shall expeditiously re6 move the alien from the United States not 

7 later than 90 days after the date on which 

8 the alien is detained. 

9 ‘‘(v) LIMITATION ON JUDICIAL RE10 VIEW.—Notwithstanding any other provi11 sion of law (statutory or nonstatutory), in12 cluding section 2241 of title 28, United 

13 States Code, any other habeas corpus pro14 vision, or sections 1361 and 1651 of such 

15 title, no court shall have jurisdiction to re16 view any cause or claim, arising from, or 

17 relating to, the detention and expedited re18 moval of an alien pursuant to clause (iv).’’. 

19 (b) VISA WAIVER PROGRAM WAIVER OF RIGHTS.— 

20 Section 217(b) of the Immigration and Nationality Act (8 

21 U.S.C. 1187(b)) is amended to read as follows: 

22 ‘‘(b) WAIVER OF RIGHTS.—An alien may not be pro23 vided a waiver under the program unless the alien has— 


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•S 1303 IS

1 ‘‘(1) signed, under penalty of perjury, an ac2 knowledgment confirming that the alien was notified 

3 and understands that he or she will be— 

4 ‘‘(A) ineligible for any form of relief or im5 migration benefit under the Act or any other 

6 immigration laws, including sections 

7 240A(b)(1), 240B(b), 245, 248, and 249 (other 

8 than a request for asylum), relief as a victim of 

9 trafficking under section 101(a)(15)(T), relief 

10 as a victim of criminal activity under 

11 101(A)(15)(U), relief under the Violence 

12 Against Women Act of 1994 (42 U.S.C. 13701 

13 et seq.) as a spouse or child who has been bat14 tered or subjected to extreme cruelty, relief as 

15 a battered spouse or child under section 

16 240A(b)(2), withholding of removal under sec17 tion 241(b)(3), or protection from removal 

18 based on a claim under the Convention Against 

19 Torture and Other Cruel, Inhuman or Degrad20 ing Treatment or Punishment, done at New 

21 York, December 10, 1984; and 

22 ‘‘(B) subject to detention and expedited re23 moval from the United States, if the alien fails 

24 to depart from the United States at the end of 

25 the 90-day period for admission; 


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•S 1303 IS

1 ‘‘(2) waived any right to review or appeal under 

2 this Act of an immigration officer’s determination as 

3 to the admissibility of the alien at the port of entry 

4 into the United States; and 

5 ‘‘(3) waived any right to contest any action for 

6 removal of the alien.’’. 

7 (c) DETENTION AND REPATRIATION OF VISA WAIV8 ER VIOLATORS.—Section 217(c)(2)(E) of the Immigration 

9 and Nationality Act (8 U.S.C. 1187(c)(2)(E)) is amended 

10 to read as follows: 

11 ‘‘(E) DETENTION AND REPATRIATION OF

12 ALIENS.—Any alien who fails to depart from 

13 the United States at the end of the 90-day pe14 riod for admission shall be detained pending re15 moval.’’. 

16 (d) ISSUANCE OF NONIMMIGRANT VISAS.—Section 

17 221(a) of the Immigration and Nationality Act (8 U.S.C. 

18 1201(a)) is amended by adding at the end the following: 

19 ‘‘(3) The Secretary of State shall ensure that every 

20 application for a nonimmigrant visa includes an acknowl21 edgment, executed by the alien under penalty of perjury, 

22 confirming that the alien— 

23 ‘‘(A) has been notified of the terms and condi24 tions of the nonimmigrant visa, including the waiver 

25 of rights under subsection (j); and 


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•S 1303 IS

1 ‘‘(B) understands that he or she will be ineli2 gible for all immigration benefits and any form of 

3 relief or protection from removal, including relief 

4 under sections 240A(b)(1), 240B(b), 245, 248, and 

5 249, other than a request for asylum, relief as a vic6 tim of trafficking under section 101(a)(15)(T), relief 

7 as a victim of criminal activity under 

8 101(A)(15)(U), relief under the Violence Against 

9 Women Act of 1994 (42 U.S.C. 13701 et seq.) as 

10 a spouse or child who has been battered or subjected 

11 to extreme cruelty, relief as a battered spouse or 

12 child under section 240A(b)(2), withholding of re13 moval under section 241(b)(3), or protection from 

14 removal based on a claim under the Convention 

15 Against Torture and Other Cruel, Inhuman or De16 grading Treatment or Punishment, done at New 

17 York, December 10, 1984, and from contesting re18 moval if the alien violates any term or condition of 

19 his or her nonimmigrant visa or fails to depart the 

20 United States not later than 30 days after the end 

21 of the alien’s authorized period of stay.’’. 

22 (e) BARS TO IMMIGRATION RELIEF.—Section 221 of 

23 the Immigration and Nationality Act (8 U.S.C. 1201) is 

24 amended by adding at the end the following: 


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•S 1303 IS

1 ‘‘(j) WAIVER OF RIGHTS.—The Secretary of State 

2 may not issue a nonimmigrant visa under section 214 to 

3 an alien (other than an alien who qualifies for a visa under 

4 subparagraph (A) or (G) of section 101(a)(15), who is eli5 gible for relief under the Violence Against Women Act of 

6 1994 (42 U.S.C. 13701 et seq.) as a spouse or child who 

7 has been battered or subjected to extreme cruelty, or 

8 qualifies for a visa as a NATO–1, 2, 3, 4, 5, or 6 non9 immigrant) until the alien has waived any right to relief 

10 under sections 240A(b)(1), 240B(b), 245, 248, and 249 

11 (other than relief from removal under section 241(b)(3) 

12 or protection from removal based on a claim under the 

13 Convention Against Torture and Other Cruel, Inhuman or 

14 Degrading Treatment or Punishment, done at New York, 

15 December 10, 1984), any form of relief established after 

16 the date on which the nonimmigrant visa is issued, and 

17 from contesting removal if the alien— 

18 ‘‘(1) violates a term or condition of his or her 

19 nonimmigrant status; or 

20 ‘‘(2) fails to depart the United States not later 

21 than the date that is 30 days after the last day of 

22 the alien’s authorized period of stay (as described in 

23 section 214(a)(1)).’’. 

24 (f) REQUIREMENT THAT ALL NONIMMIGRANTS

25 HAVE A SPECIFIED AUTHORIZED PERIOD OF STAY END


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•S 1303 IS

1 DATE.—Section 235(a) of the Immigration and Nation2 ality Act (8 U.S.C. 1225(a)) is amended by adding at the 

3 end the following: 

4 ‘‘(6) PERIOD OF STAY.—Any alien who an ex5 amining immigration officer has determined to be 

6 admissible as a nonimmigrant, except for aliens who 

7 are admissible under subparagraph (A)(i), (A)(ii), 

8 (G)(i), (G)(ii), or (G)(iii) of section 101(a)(15), or 

9 who such officer has determined to be eligible for 

10 parole— 

11 ‘‘(A) shall be admitted or paroled, as ap12 propriate, into the United States for a specific 

13 period; and 

14 ‘‘(B) shall be issued documentation stating 

15 the end date of the alien’s period of stay in the 

16 United States.’’. 

17 (g) EFFECTIVE DATE; APPLICABILITY.— 

18 (1) IN GENERAL.—This section and the amend19 ments made by this section shall— 

20 (A) take effect on the date of enactment of 

21 this Act; and 

22 (B) apply only to new visas, initial admis23 sions of nonimmigrants, and initial requests for 

24 change of status from a nonimmigrant category 

25 to another nonimmigrant category under secVerDate Sep 11 2014 03:14 May 07, 2019 Jkt 089200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S1303.IS S1303

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•S 1303 IS

1 tion 248 of the Immigration and Nationality 

2 Act (8 U.S.C. 1258). 

3 (2) PREVIOUSLY ADMITTED INDIVIDUALS.—An 

4 individual previously admitted to the United States 

5 on a nonimmigrant visa who is present in the United 

6 States before the date of the enactment of this Act 

7 shall not be subject to this section or to the amend8 ments made by this section until the alien departs 

9 from the United States or requests a change of non10 immigrant classification under section 248 of the 

11 Immigration and Nationality Act (8 U.S.C. 1258). 

Æ 


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