I 

117TH CONGRESS 

1ST SESSION H. R. 2839 

To establish regional processing centers, to improve the asylum and credible 

fear processes to promote fairness and efficiency, to require immigration 

court docketing priorities during irregular migration influx events, and 

to improve the capability of the Department of Homeland Security to 

manage migration flows, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2021 

Mr. CUELLAR (for himself and Mr. TONY GONZALES of Texas) introduced the 

following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committees on Homeland Security, Ways and Means, 

and Foreign Affairs, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To establish regional processing centers, to improve the asylum and credible fear processes to promote fairness and 

efficiency, to require immigration court docketing priorities during irregular migration influx events, and to 

improve the capability of the Department of Homeland 

Security to manage migration flows, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Bipartisan Border Solutions Act of 2021’’. 

4 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Regional processing centers. 

Sec. 4. Credible fear determination and asylum process improvement pilot programs. 

Sec. 5. Immigration court docketing priorities during irregular migration influx 

events. 

Sec. 6. Office for Civil Rights and Civil Liberties impact assessment. 

Sec. 7. Plan to expand legal orientation program. 

Sec. 8. Modifications to U.S. Customs and Border Protection standards on 

transport, escort, detention, and search to conform with legal 

orientation program requirements. 

Sec. 9. Standard operating procedures; facilities standards. 

Sec. 10. Criminal background checks for sponsors of unaccompanied alien children. 

Sec. 11. Fraud in connection with the transfer of custody of unaccompanied 

alien children. 

Sec. 12. Accountability for children and taxpayers. 

Sec. 13. Hiring authority. 

Sec. 14. Reports to Congress. 

Sec. 15. Improving the ability to transport migrants. 

Sec. 16. Rule of construction. 

Sec. 17. Authorization of appropriations. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) ALIEN.—The term ‘‘alien’’ has the meaning 

8 given the term in section 101(a) of the Immigration 

9 and Nationality Act (8 U.S.C. 1101(a)). 

10 (2) APPROPRIATE COMMITTEE OF CONGRESS.— 

11 The term ‘‘appropriate committee of Congress’’ 

12 means— 

13 (A) the Committee on Homeland Security 

14 and Governmental Affairs and the Committee 

15 on the Judiciary of the Senate; and 


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1 (B) the Committee on Homeland Security 

2 and the Committee on the Judiciary of the 

3 House of Representatives. 

4 (3) IMMIGRATION LAWS.—The term ‘‘immigra5 tion laws’’ has the meaning given the term in section 

6 101(a) of the Immigration and Nationality Act (8 

7 U.S.C. 1101(a)). 

8 (4) IRREGULAR MIGRATION INFLUX EVENT.— 

9 The term ‘‘irregular migration influx event’’ means 

10 a period during which there is a significant increase 

11 in, or a sustained large number of, Department of 

12 Homeland Security encounters with aliens who— 

13 (A) do not use the formal immigration sys14 tem of the United States or the countries they 

15 are traveling through; and 

16 (B) intend to enter the United States. 

17 (5) LEGALLY DETERMINATIVE ASPECT OF THE

18 ASYLUM PROCESS.—The term ‘‘legally determinative 

19 aspect of the asylum process’’ means any stage of 

20 the asylum process in which the alien is present and 

21 evidence of an alien’s credible fear of persecution or 

22 eligibility for asylum is gathered or considered, or a 

23 determination of an alien’s credible fear of persecu24 tion or eligibility for asylum is made, including— 


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1 (A) a credibility determination under sec2 tion 208(b)(1)(B)(iii) of the Immigration and 

3 Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)); 

4 (B) an asylum interview and credible fear 

5 determination under section 235(b)(1)(B) of 

6 that Act; 

7 (C) an immigration judge review of a nega8 tive credible fear determination under clause 

9 (iii)(III) of that section; and 

10 (D) a removal proceeding under section 

11 240 of that Act. 

12 (6) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Homeland Security. 

14 (7) UNACCOMPANIED ALIEN CHILD.—The term 

15 ‘‘unaccompanied alien child’’ has the meaning give 

16 the term in section 462(g) of the Homeland Security 

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

18 SEC. 3. REGIONAL PROCESSING CENTERS. 

19 Subtitle C of title IV of the Homeland Security Act 

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

21 the end the following: 

22 ‘‘SEC. 437. REGIONAL PROCESSING CENTERS. 

23 ‘‘(a) IN GENERAL.—The Secretary shall establish not 

24 fewer than 4 regional processing centers located in high 

25 traffic sectors of U.S. Border Patrol, as determined by 


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1 the Secretary, along the southern border land border of 

2 the United States (referred to in this section as a ‘regional 

3 processing center’). 

4 ‘‘(b) PURPOSE.—The regional processing centers 

5 shall carry out processing and management activities, in6 cluding— 

7 ‘‘(1) criminal history checks; 

8 ‘‘(2) identity verification; 

9 ‘‘(3) biometrics collection and analysis; 

10 ‘‘(4) medical screenings; 

11 ‘‘(5) asylum interviews and credible fear deter12 minations under section 235 of the Immigration and 

13 Nationality Act (8 U.S.C. 1225) and reasonable fear 

14 determinations under section 241(b)(3)(B) of that 

15 Act (8 U.S.C. 1231(b)(3)(B)); 

16 ‘‘(6) facilitating coordination and communica17 tion between Federal entities and nongovernmental 

18 organizations that are directly involved in providing 

19 assistance to aliens; 

20 ‘‘(7) legal orientation programming and com21 munication between aliens and outside legal counsel; 

22 ‘‘(8) issuance of legal documents relating to im23 migration court proceedings of aliens; 


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1 ‘‘(9) short-term detention of not more than 72 

2 hours before release or transfer to another facility; 

3 and 

4 ‘‘(10) any other activity the Secretary considers 

5 appropriate. 

6 ‘‘(c) PERSONNEL AND LIVING CONDITIONS.—The re7 gional processing centers shall include— 

8 ‘‘(1) personnel assigned from— 

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

10 ‘‘(B) U.S. Immigration and Customs En11 forcement; 

12 ‘‘(C) the Federal Emergency Management 

13 Agency; 

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

15 Services; and 

16 ‘‘(E) the Office of Refugee Resettlement; 

17 ‘‘(2) upon agreement with an applicable Federal 

18 agency, personnel from such Federal agency who are 

19 assigned to the regional processing center; 

20 ‘‘(3) sufficient medical staff, including physi21 cians specializing in pediatric or family medicine, 

22 nurse practitioners, and physician assistants; 

23 ‘‘(4) licensed social workers; 

24 ‘‘(5) mental health professionals; 


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1 ‘‘(6) child advocates appointed by the Secretary 

2 of Health and Human Services under section 

3 235(c)(6)(B) of the William Wilberforce Trafficking 

4 Victims Protection Reauthorization Act of 2008 (8 

5 U.S.C. 1232(c)(6)(B)); and 

6 ‘‘(7) sufficient space to carry out the processing 

7 and management activities described in subsection 

8 (b). 

9 ‘‘(d) CRIMINAL HISTORY CHECKS.—Each criminal 

10 history check carried out under subsection (b)(1) shall be 

11 conducted using a set of fingerprints or other biometric 

12 identifier obtained from— 

13 ‘‘(1) the Federal Bureau of Investigation; 

14 ‘‘(2) the criminal history repositories of all 

15 States that the individual listed as a current or 

16 former residence; and 

17 ‘‘(3) any other appropriate Federal or State 

18 database resource or repository, as determined by 

19 the Secretary. 

20 ‘‘(e) EXCEPTIONS FOR ADDITIONAL PURPOSES.— 

21 Subject to operational and spatial availability, in the event 

22 of a major disaster or emergency declared under the Rob23 ert T. Stafford Disaster Relief and Emergency Assistance 

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

25 crisis requiring the establishment of a departmental Joint 


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1 Task Force under section 708(b), the Secretary may tem2 porarily utilize a regional processing center to carry out 

3 operations relating to such declaration or crisis. 

4 ‘‘(f) DONATIONS.—The Department may accept do5 nations from private entities, nongovernmental organiza6 tions, and other groups independent of the Federal Gov7 ernment for the care of children and family units detained 

8 at a regional processing center, including— 

9 ‘‘(1) medical goods and services; 

10 ‘‘(2) school supplies; 

11 ‘‘(3) toys; 

12 ‘‘(4) clothing; and 

13 ‘‘(5) any other item intended to promote the 

14 well-being of such children and family units. 

15 ‘‘(g) ACCESS TO FACILITIES FOR PRIVATE ENTITIES

16 AND NONGOVERNMENTAL ORGANIZATIONS.— 

17 ‘‘(1) IN GENERAL.—Private entities and non18 governmental organizations that are directly involved 

19 in providing humanitarian or legal assistance to 

20 families and individuals encountered by the Depart21 ment along the southwest border of the United 

22 States, or organizations that provide assistance to 

23 detained individuals, shall have access to regional 

24 processing centers for purposes of— 

25 ‘‘(A) legal orientation programming; 


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1 ‘‘(B) coordination with the Department 

2 with respect to the care of families and individ3 uals held in regional processing centers, includ4 ing the care of families and individuals who are 

5 released or scheduled to be released; 

6 ‘‘(C) communication between aliens and 

7 outside legal counsel; 

8 ‘‘(D) the provision of humanitarian assist9 ance; and 

10 ‘‘(E) any other purpose the Secretary con11 siders appropriate. 

12 ‘‘(2) ACCESS PLAN.—Not later than 60 days 

13 after the date of the enactment of this section, the 

14 Secretary shall publish in the Federal Register pro15 cedures relating to access to regional processing cen16 ters under paragraph (1) that ensure— 

17 ‘‘(A) the safety of personnel of, and aliens 

18 detained in, regional processing centers; and 

19 ‘‘(B) the orderly management and oper20 ation of regional processing centers. 

21 ‘‘(h) LEGAL COUNSEL.—Aliens detained in a regional 

22 processing center shall have access to legal counsel in ac23 cordance with section 292 of the Immigration and Nation24 ality Act (8 U.S.C. 1362), including the opportunity to 


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1 consult with counsel before any legally determinative as2 pect of the asylum process occurs. 

3 ‘‘(i) PROCEDURES TO FACILITATE COMMUNICATION

4 WITH COUNSEL.—The Secretary shall develop written 

5 procedures to permit aliens detained in a regional proc6 essing center to visit with, and make confidential tele7 phone calls to, legal representatives and legal services pro8 viders and to receive incoming calls from legal representa9 tives and legal services providers, in a private and con10 fidential space while in custody, for the purposes of retain11 ing or consulting with counsel or obtaining legal advice 

12 from legal services providers. 

13 ‘‘(j) LEGAL ORIENTATION.— 

14 ‘‘(1) IN GENERAL.—An alien detained in a re15 gional processing center shall be provided the oppor16 tunity to receive a complete legal orientation presen17 tation administered by a nongovernmental organiza18 tion in cooperation with the Executive Office for Im19 migration Review. 

20 ‘‘(2) TIMELINE.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall 

22 prioritize the provision of the legal orientation 

23 presentation required by paragraph (1) to an 

24 alien within 12 hours of apprehension. 


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1 ‘‘(B) REQUIREMENT.—In the case of an 

2 alien who does not receive such legal orientation 

3 presentation within 12 hours of apprehension, 

4 the Secretary shall ensure that the alien re5 ceives the presentation— 

6 ‘‘(i) not later than 24 hours after ap7 prehension; and 

8 ‘‘(ii) not less than 24 hours before the 

9 alien initially appears before an asylum of10 ficer or immigration judge in connection 

11 with a claim for asylum. 

12 ‘‘(k) MANAGEMENT OF REGIONAL PROCESSING CEN13 TERS.— 

14 ‘‘(1) OPERATION.—The Commissioner of U.S. 

15 Customs and Border Protection, in consultation with 

16 the interagency coordinating council established 

17 under paragraph (2), shall operate the regional proc18 essing centers. 

19 ‘‘(2) INTERAGENCY COORDINATING COM20 MITTEE.— 

21 ‘‘(A) ESTABLISHMENT.—There is estab22 lished an interagency coordinating committee 

23 for the purpose of coordinating operations and 

24 management of the regional processing centers. 


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1 ‘‘(B) MEMBERSHIP.—The interagency co2 ordinating committee shall be chaired by the 

3 Commissioner of U.S. Customs and Border 

4 Protection, or his or her designee, and shall in5 clude representatives designated by the heads of 

6 the following agencies: 

7 ‘‘(i) U.S. Immigration and Customs 

8 Enforcement. 

9 ‘‘(ii) The Federal Emergency Manage10 ment Agency. 

11 ‘‘(iii) U.S. Citizenship and Immigra12 tion Services. 

13 ‘‘(iv) The Office of Refugee Resettle14 ment. 

15 ‘‘(v) Any other agency that supplies 

16 personnel to the regional processing cen17 ters, upon agreement between the Commis18 sioner of U.S. Customs and Border Protec19 tion and the head of such other agency.’’. 

20 SEC. 4. CREDIBLE FEAR DETERMINATION AND ASYLUM 

21 PROCESS IMPROVEMENT PILOT PROGRAMS. 

22 (a) IN GENERAL.—The Secretary and the Attorney 

23 General shall develop pilot programs to facilitate— 


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1 (1) fair and more efficient asylum decisions 

2 under section 208(b) of the Immigration and Na3 tionality Act (8 U.S.C. 1158(b)); 

4 (2) fair and more efficient credible fear deter5 minations under section 235(b)(1)(B) of that Act (8 

6 U.S.C. 1225(b)(1)(B)); 

7 (3) improved access to legal counsel; and 

8 (4) improved case management of aliens await9 ing asylum hearings or decisions. 

10 (b) IMPLEMENTATION.— 

11 (1) WORKFORCE PLAN.—The Secretary and the 

12 Attorney General shall not implement any pilot pro13 gram under this section until the workforce plan de14 scribed in subsection (d) is fully implemented. 

15 (2) LEGAL ORIENTATION PROGRAMS.—The At16 torney General and the Secretary shall ensure that 

17 each alien enrolled in a pilot program under this sec18 tion receives a complete, live legal orientation pres19 entation before any legally determinative aspect of 

20 the asylum process occurs. 

21 (3) NOTICE TO CONGRESS.—Not less than 90 

22 days before the implementation of any new asylum 

23 processing policy or procedure under this section, 

24 the Secretary and the Attorney General shall provide 

25 to the appropriate committees of Congress notice of 


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1 such implementation, including a description of any 

2 modification to a policy, procedure, practice, or 

3 training related to asylum processing. 

4 (c) SCOPE OF PILOT PROGRAMS.— 

5 (1) IN GENERAL.—The goal of the pilot pro6 grams under this section shall be to develop strate7 gies to improve the asylum process to determine a 

8 final disposition fairly and more efficiently while en9 suring that aliens apprehended along the southwest 

10 border and placed into removal proceedings are 

11 given a fair opportunity to effectively make an asy12 lum claim or other relevant claim for relief, includ13 ing the opportunity to retain and consult with coun14 sel under section 292 of the Immigration and Na15 tionality Act (8 U.S.C. 1362) before any legally de16 terminative aspect of the asylum process occurs. 

17 (2) PROHIBITION ON PARTICIPATION.—The 

18 Secretary and the Attorney General may not enroll 

19 in a pilot program under this section— 

20 (A) an unaccompanied alien child; 

21 (B) a pregnant individual; or 

22 (C) an individual with a disability or an 

23 acute medical condition. 

24 (3) FAIRNESS IN PROCEEDINGS.—The Sec25 retary and the Attorney General shall take every apVerDate Sep 11 2014 04:51 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2839.IH H2839

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1 propriate step to ensure that each pilot program 

2 participant has a full opportunity to exercise all 

3 legal process rights afforded under law. 

4 (4) ACCESS TO COUNSEL.—The pilot programs 

5 under this section shall be fully compliant with sec6 tion 292 of the Immigration and Nationality Act (8 

7 U.S.C. 1362), and the Secretary and the Attorney 

8 General shall consult with nongovernmental organi9 zations to facilitate access to counsel for pilot pro10 gram participants. 

11 (5) CASE MANAGEMENT PROGRAMMING.—The 

12 pilot programs under this section may include case 

13 management programming for participants who are 

14 awaiting immigration court hearings, which may in15 clude— 

16 (A) the provision of information about 

17 legal rights, responsibilities, and procedures; 

18 (B) basic assistance in identifying relevant 

19 forms and documents; 

20 (C) facilitating the attendance of aliens at 

21 their immigration court hearings; and 

22 (D) any other relevant case management 

23 assistance the Secretary and the Attorney Gen24 eral consider appropriate. 


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1 (6) RIGHT TO JUDICIAL REVIEW.—Participation 

2 in a pilot program under this section shall not abro3 gate any existing right of an alien to request judicial 

4 review, including under section 242 of the Immigra5 tion and Nationality Act (8 U.S.C. 1252), of a deci6 sion related to his or her case. 

7 (d) STAFFING REQUIREMENTS.—The Secretary 

8 shall— 

9 (1) identify the staffing requirements necessary 

10 to carry out the pilot programs under this section, 

11 including the number of trained U.S. Citizenship 

12 and Immigration Services officers necessary to con13 duct all asylum interviews, credible fear interviews, 

14 and reasonable fear interviews; and 

15 (2) develop a workforce plan for each such pilot 

16 program. 

17 (e) ACCESS TO COUNSEL.— 

18 (1) IN GENERAL.—Each alien enrolled in a 

19 pilot program under this section shall be afforded an 

20 opportunity to consult with 1 or more individuals of 

21 their choosing in a private consultation area, prior 

22 to a credible fear interview under section 

23 235(b)(1)(B) of the Immigration and Nationality 

24 Act (8 U.S.C. 1225(b)(1)(B)). 


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1 (2) LIST OF LEGAL SERVICES PROVIDERS.— 

2 Each alien enrolled in such a pilot program shall be 

3 provided a contact list of potential legal resources 

4 and providers. 

5 (3) PROCEDURES TO FACILITATE COMMUNICA6 TION WITH COUNSEL.—The Secretary shall develop 

7 written procedures to permit aliens enrolled in such 

8 a pilot program to make telephone calls at no cost 

9 to legal representatives and legal services providers 

10 and to receive incoming calls from legal representa11 tives and legal services providers in a private and 

12 confidential space. 

13 (f) LANGUAGE ACCESS.— 

14 (1) IN GENERAL.—The Secretary and the At15 torney General shall provide each alien enrolled in a 

16 pilot program under this section with any written 

17 materials produced by the Department of Homeland 

18 Security or the Department of Justice in a language 

19 the alien understands. 

20 (2) VERBAL EXPLANATION.—In the case of an 

21 alien who is unable to read the written materials 

22 provided under paragraph (1), the Secretary and the 

23 Attorney General shall ensure that the materials are 

24 explained verbally to the alien in a language the 

25 alien understands. 


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1 (g) LEGAL ORIENTATION.—Not later than 24 hours 

2 after apprehension, and not less than 24 hours before ini3 tially appearing before an asylum officer or immigration 

4 judge in connection with a claim for asylum, an alien en5 rolled in a pilot program under this section shall be pro6 vided the opportunity to receive a complete legal orienta7 tion presentation administered in cooperation with the Ex8 ecutive Office for Immigration Review. 

9 (h) EVALUATION PLAN.—Not later than the date on 

10 which implementation of a pilot program under this sec11 tion commences or not later than 180 days after the date 

12 of the enactment of this Act, whichever is earlier, the Sec13 retary and the Attorney General shall submit to appro14 priate committees of Congress an evaluation plan for the 

15 pilot program that includes the following: 

16 (1) Well-defined, clear, and measurable objec17 tives. 

18 (2) Performance criteria or standards for deter19 mining the performance of the pilot program. 

20 (3) Clearly articulated evaluation methodology, 

21 including— 

22 (A) sound sampling methods; 

23 (B) a determination of the appropriate 

24 sample size for the evaluation design; and 


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1 (C) a strategy for tracking the pilot pro2 gram’s performance and evaluating the final re3 sults. 

4 (4) A plan detailing the sources of data nec5 essary to evaluate the pilot program, methods for 

6 data collection, and the timing and frequency of 

7 data collection. 

8 (i) NOTICE TO CONGRESS.— 

9 (1) IN GENERAL.—Not less than 90 days before 

10 the implementation of a pilot program under this 

11 section, the Secretary and the Attorney General 

12 shall provide to the appropriate committees of Con13 gress notice of such implementation, including a de14 scription of any modification to a pilot program pol15 icy, procedure, practice, or training relating to asy16 lum processing. 

17 (2) ELEMENTS.—Each notice required by para18 graph (1) shall include a description of the following: 

19 (A) The procedures and policies to ensure 

20 all asylum interviews are conducted by trained 

21 U.S. Citizenship and Immigration Services asy22 lum officers. 

23 (B) The procedures and policies to ensure 

24 credible fear interviews are only done remotely 

25 in limited and exigent circumstances and the 


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1 likely exigent circumstances that the officers 

2 conducing the pilot program may encounter. 

3 (C) The procedures and policies to ensure 

4 any credible fear interviews done remotely shall 

5 be videotaped and a written transcript shall be 

6 produced. 

7 (D) Procedures and policies used to ensure 

8 questions asked by Department of Homeland 

9 Security personnel who exercise expedited re10 moval authority under section 235(b) of the Im11 migration and Nationality Act (8 U.S.C. 

12 1225(b)) are asked in a uniform manner, to the 

13 greatest extent possible. 

14 (j) REPORT TO CONGRESS.— 

15 (1) IN GENERAL.—Not later than 1 year after 

16 the date on which implementation of a pilot program 

17 under this section commences or not later than 1 

18 year after the date of the enactment of this Act, 

19 whichever is earlier, and annually thereafter until 

20 the date on which the pilot program terminates, the 

21 Secretary and the Attorney General shall submit to 

22 the appropriate committees of Congress a report on 

23 the pilot programs under this section. 

24 (2) ELEMENTS.—Each report required by para25 graph (1) shall include the following: 


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1 (A) An evaluation of the pilot program 

2 using the evaluation plan described in sub3 section (h). 

4 (B) A discussion of the performance cri5 teria or standards established under subsection 

6 (h)(2) and an assessment as to whether modi7 fications to the criteria or standards are nec8 essary. 

9 (C) An assessment of the staffing levels 

10 necessary to carry out the pilot program and a 

11 description of any effect of current staffing lev12 els on the ability of the Secretary to carry out 

13 the responsibilities of the Secretary with respect 

14 to border security. 

15 (D) A description of the resources required 

16 to transport aliens in connection with the pilot 

17 program. 

18 (E) A description of the resources nec19 essary to improve legal orientation presen20 tations and access to counsel in connection with 

21 the pilot program, consistent with section 7. 

22 (F) A description of the information tech23 nology systems used in connection with the pilot 

24 program and an assessment as to whether addi25 tional resources or upgrades are necessary. 


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1 (G) An analysis of the effect of access to 

2 counsel under subsection (e) and language ac3 cess under subsection (f) on the outcomes of 

4 credible fear determinations under section 

5 235(b)(1)(B) of the Immigration and Nation6 ality Act (8 U.S.C. 1225(b)(1)(B)). 

7 (H) Recommendations for any legislative 

8 changes needed to further implement or expand 

9 the pilot programs. 

10 (I) An explanation of any impediment to 

11 implementing the pilot programs, if relevant. 

12 (k) RULE OF CONSTRUCTION.—Nothing in this sec13 tion may be construed to authorize an extension of the 

14 duration for which an alien would otherwise be detained. 

15 (l) TERMINATION OF AUTHORITY.—The authority of 

16 the Secretary and the Attorney General to carry out this 

17 section shall terminate on the date that is 3 years after 

18 the date of the enactment of this Act. 

19 SEC. 5. IMMIGRATION COURT DOCKETING PRIORITIES 

20 DURING IRREGULAR MIGRATION INFLUX 

21 EVENTS. 

22 (a) IN GENERAL.—The Attorney General shall, to the 

23 greatest extent practicable, prioritize docketing and proc24 essing of removal cases under section 240 of the Immigra25 tion and Nationality Act (8 U.S.C. 1229a) for aliens who 


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1 are apprehended on entering the United States in connec2 tion with an irregular migration influx event. 

3 (b) IRREGULAR MIGRATION INFLUX EVENTS.—The 

4 Attorney General, in consultation with the Secretary, shall 

5 establish criteria for determining when an irregular migra6 tion influx event commences and ends for purposes of car7 rying out the docketing priorities under subsection (a). 

8 (c) ACCESS TO LEGAL COUNSEL.—The Attorney 

9 General shall ensure that any master calendar or merits 

10 hearing in a removal case prioritized under subsection (a) 

11 is scheduled on a date and at a time that permits the alien 

12 a fair and reasonable opportunity to consult with and re13 tain counsel prior to such hearing, consistent with section 

14 292 of the Immigration and Nationality Act (8 U.S.C. 

15 1362). 

16 (d) REPORT TO CONGRESS.—Not later than Decem17 ber 31, 2021, the Attorney General shall submit to the 

18 appropriate committees of Congress a report that in19 cludes— 

20 (1) the number of aliens who were apprehended 

21 after entering the United States in connection with 

22 an irregular migration influx event identified in ac23 cordance with subsection (b) and placed in removal 

24 proceedings under section 240 of the Immigration 

25 and Nationality Act (8 U.S.C. 1229a), organized by 


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1 the fiscal year in which the apprehension occurred 

2 and stating the number of single adults, unaccom3 panied alien children, and aliens that are appre4 hended as part of a family unit; 

5 (2) the number of aliens identified under para6 graph (1) who appeared at master calendar hear7 ings, including— 

8 (A) the number and percentage rep9 resented by counsel at such hearings; and 

10 (B) the average number of days between 

11 apprehension and such hearings; 

12 (3) the number of in absentia orders of removal 

13 issued to aliens identified under paragraph (1) at 

14 master calendar hearings, including the number of 

15 such aliens represented by counsel; 

16 (4) the number of aliens identified under para17 graph (1) who appeared at final merits hearings, in18 cluding the number and percentage represented by 

19 counsel at such hearings, and the average number of 

20 days between apprehension and such hearings; and 

21 (5) the number of in absentia orders of removal 

22 issued to aliens identified under paragraph (1) at 

23 final merits hearings, including the number of such 

24 aliens represented by counsel. 


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1 (e) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to permit the Attorney General to 

3 adopt abbreviated procedures in connection with adjudica4 tion of removal cases prioritized under subsection (a) be5 yond the extent permitted by law. 

6 SEC. 6. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES 

7 IMPACT ASSESSMENT. 

8 (a) IN GENERAL.—Not later than 90 days after the 

9 date of the enactment of this Act, the Officer for Civil 

10 Rights and Civil Liberties of the Department shall com11 plete a full impact assessment of asylum processing and 

12 determinations with respect to credible fear of persecution 

13 carried out at— 

14 (1) regional processing centers established 

15 under section 437(a) of the Homeland Security Act 

16 of 2002; and 

17 (2) any other Department of Homeland Secu18 rity facility at which a legally determinative aspect 

19 of the asylum process occurs. 

20 (b) ELEMENTS.—The impact assessment required by 

21 subsection (a) shall include— 

22 (1) a description of the considerations relating 

23 to civil rights and civil liberties taken into account 

24 by the Secretary in developing and implementing 


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1 asylum processing at such regional processing cen2 ters; 

3 (2) a description of— 

4 (A) with respect to potential civil rights 

5 and civil liberties violations, stakeholder feed6 back gathered before and during the implemen7 tation of asylum processing at regional proc8 essing centers; and 

9 (B) the steps taken by the Secretary to 

10 gather and respond to such feedback and any 

11 changes made to asylum processing based on 

12 such feedback; 

13 (3) an assessment of the ability of the language 

14 access plans of the Department of Homeland Secu15 rity to allow Department personnel to communicate 

16 effectively with aliens with limited English pro17 ficiency who are placed in asylum processing, includ18 ing any specific challenges faced by speakers of in19 digenous languages; 

20 (4) a review of the language access plan of each 

21 component of the Department of Homeland Security 

22 to ensure each language access plan provides uni23 form guidance so as to allow Department personnel 

24 to communicate effectively with aliens with limited 


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1 English proficiency, including speakers of indigenous 

2 languages, during asylum processing; 

3 (5) a review of any negative impact on the abil4 ity of the Department of Homeland Security to proc5 ess aliens during the asylum process due to language 

6 deficiencies and translation difficulties, including 

7 longer processing times, increased expenses as a re8 sult of increased translation services, and increases 

9 in the length of time aliens are detained by the De10 partment; 

11 (6) an assessment of the impact of current De12 partment of Homeland Security policies and proce13 dures for processing and adjudicating asylum claims, 

14 including language access plans and other accom15 modations, on vulnerable populations, especially 

16 on— 

17 (A) individuals with mental health chal18 lenges, trauma, or physical health conditions; 

19 and 

20 (B) pregnant individuals; 

21 (7) any other current or historical guidance or 

22 policy review provided by the Office for Civil Rights 

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1 grams previously implemented or used by the De2 partment; and 

3 (8) any other element— 

4 (A) the Officer for Civil Rights and Civil 

5 Liberties of the Department considers nec6 essary; 

7 (B) required by law; or 

8 (C) requested by the Secretary. 

9 (c) REPORT.— 

10 (1) IN GENERAL.—Not later than 90 days after 

11 the date on which the impact assessment required by 

12 subsection (a) is completed, the Officer for Civil 

13 Rights and Civil Liberties of the Department of 

14 Homeland Security shall submit to the Secretary 

15 and the appropriate committees of Congress a report 

16 on the results of the impact assessment. 

17 (2) ELEMENTS.—The report required by para18 graph (1) shall include— 

19 (A) a description of potential civil rights 

20 and civil liberties violations that are directly re21 lated to— 

22 (i) whether the Department of Home23 land Security’s practices, standards, guide24 lines, and regulations ensure that aliens 

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1 eracy, mental health issues, trauma, phys2 ical health conditions, pregnancy, or other 

3 conditions are not at a disadvantage with 

4 respect to credible fear determinations 

5 under section 235(b) of the Immigration 

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

7 (ii) an alien’s— 

8 (I) inability to understand basic 

9 explanations of legal information; or 

10 (II) limited English proficiency; 

11 and 

12 (iii) an alien’s inability to consult with 

13 1 or more individuals of his or her choos14 ing before such interview; 

15 (B) an assessment of the impact of expe16 dited asylum processing initiatives operated by 

17 the Department of Homeland Security during 

18 the 10-year period preceding the date of the en19 actment of this Act on the civil rights and civil 

20 liberties of migrants enrolled in such initiatives; 

21 (C) an assessment of any other civil rights 

22 or civil liberties violation relating to asylum 

23 processing; 

24 (D) recommended updates to the language 

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1 ment of Homeland Security to prevent the po2 tential civil rights and civil liberties violations 

3 identified under subparagraph (A); 

4 (E) recommendations— 

5 (i) to improve the processing and ad6 judication of speakers of indigenous lan7 guages; and 

8 (ii) to adapt language access plans to 

9 accommodate such individuals; 

10 (F) recommendations for the appropriate 

11 use by Department of Homeland Security com12 ponents of updated language access plans; 

13 (G) recommended modifications to improve 

14 asylum processes to better serve vulnerable pop15 ulations such as those with mental or physical 

16 health challenges, trauma, and pregnant indi17 viduals; 

18 (H) recommended modifications to policies 

19 and procedures relating to asylum processing 

20 that would allow asylum processing to achieve 

21 compliance with current standards and guide22 lines of the Office for Civil Rights and Civil 

23 Liberties of the Department; and 


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1 (I) any other recommendation the Officer 

2 for Civil Rights and Civil Liberties considers 

3 appropriate. 

4 (d) IMPLEMENTATION PLAN.— 

5 (1) IN GENERAL.—Not later than 60 days after 

6 the date on which the Officer for Civil Rights and 

7 Civil Liberties of the Department of Homeland Se8 curity submits the report under subsection (c), the 

9 Secretary shall submit to the appropriate committees 

10 of Congress an implementation plan that addresses 

11 the findings and recommendations contained in the 

12 report. 

13 (2) ELEMENTS.—The implementation plan re14 quired by paragraph (1) shall include a description 

15 of— 

16 (A) the recommendations contained in the 

17 report under subsection (c) addressed by the 

18 plan; 

19 (B) any such recommendation not ad20 dressed by the plan and a justification for de21 clining to address the recommendation; and 

22 (C) any other matter the Secretary con23 siders relevant to the implementation of such 

24 recommendations. 


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1 (3) PUBLICATION.—Not later than the date on 

2 which the Secretary submits the plan required by 

3 paragraph (1), the Secretary shall publish the plan 

4 in the Federal Register. 

5 SEC. 7. PLAN TO EXPAND LEGAL ORIENTATION PROGRAM. 

6 (a) INTERIM PLAN.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the date of the enactment of this Act, the Sec9 retary shall develop and submit to the appropriate 

10 committees of Congress an interim plan to expand 

11 the legal orientation program to each regional proc12 essing center established under section 437(a) of the 

13 Homeland Security Act of 2002 and any other De14 partment of Homeland Security facility at which— 

15 (A) 1 or more aliens are detained following 

16 apprehension by U.S. Customs and Border Pro17 tection; and 

18 (B) any legally determinative aspect of the 

19 asylum process occurs. 

20 (2) ELEMENTS.—The interim plan required by 

21 paragraph (1) shall include— 

22 (A) a list of the critical items required for 

23 a final legal orientation plan that cannot be im24 plemented in the interim plan due to necessary 

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1 ity at which assessments for credible fear of 

2 persecution, or other aspects of the asylum 

3 process, occur; 

4 (B) a description of the manner in which 

5 the legal orientation program will be imme6 diately adapted to assist aliens detained at De7 partment of Homeland Security facilities, in8 cluding such regional processing centers; 

9 (C) a description of the manner in which 

10 access to counsel will be facilitated for such 

11 aliens who are subject to any type of asylum 

12 processing; and 

13 (D) a list of Department of Homeland Se14 curity facilities— 

15 (i) at which asylum processing occurs; 

16 and 

17 (ii) that are capable of providing basic 

18 legal orientation services, including 

19 through a remote interface. 

20 (3) IMPLEMENTATION.—The Secretary shall 

21 commence implementation of the interim plan begin22 ning not later than 60 days after the submittal of 

23 the plan under paragraph (1) and ending on the 

24 date on which implementation of the final plan de25 scribed in subsection (b) commences. 


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1 (4) PUBLIC CONSULTATION.—In developing the 

2 interim plan under paragraph (1), the Secretary 

3 shall consult with nongovernmental organizations, 

4 legal services providers, and any other entity the 

5 Secretary considers appropriate. 

6 (b) FINAL PLAN.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the date of the enactment of this Act, the Sec9 retary shall develop and submit to the appropriate 

10 committees of Congress a final plan to expand the 

11 legal orientation program to each Department of 

12 Homeland Security facility at which— 

13 (A) 1 or more aliens are detained; and 

14 (B) any legally determinative aspect of the 

15 asylum process occurs. 

16 (2) ELEMENTS.—The final plan required by 

17 paragraph (1) shall include— 

18 (A) a consultation with the Director of the 

19 Executive Office for Immigration Review to de20 termine the most efficient and effective manner 

21 by which to expand or modify legal orientation 

22 program requirements and standards to include 

23 aliens seeking asylum protections at each De24 partment of Homeland Security facility at 


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1 which any part of the asylum process, including 

2 credible fear interviews, occurs; 

3 (B) an assessment of necessary procedural 

4 and programmatic changes to the legal orienta5 tion program that will best accommodate such 

6 aliens; 

7 (C) an assessment of challenges to expand8 ing the legal orientation program to facilities 

9 that cannot be met by the interim plan under 

10 subsection (a); 

11 (D) a requirement that legal orientation 

12 program sessions shall provide explanations of 

13 all expedited asylum processing programs and 

14 procedures and relevant forms of relief under 

15 the immigration laws; 

16 (E) a requirement that legal orientation 

17 programs shall include access to self-help legal 

18 materials and communication with available pro 

19 bono legal representatives; 

20 (F) a requirement that private and con21 fidential space shall be provided to such aliens, 

22 if they wish to use it, for individual legal ori23 entation and consultation and telephone calls 

24 with nonprofit organizations and legal rep25 resentatives before— 


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1 (i) hearings relating to credible fear of 

2 persecution; 

3 (ii) any Executive Office for Immigra4 tion Review hearing; 

5 (iii) any legally determinative aspect 

6 of the asylum process; or 

7 (iv) any other legal proceeding or con8 sultation related to an asylum claim; 

9 (G) protocols that allow such aliens to 

10 make and receive telephone calls to legal rep11 resentatives, at no cost to such aliens, while de12 tained at the Department of Homeland Security 

13 facility; and 

14 (H) a requirement that— 

15 (i) legal orientation programs shall 

16 ensure that written notice of legal rights is 

17 made available to such aliens in English 

18 and in not fewer than the 5 most common 

19 native languages spoken by aliens in cus20 tody at each Department of Homeland Se21 curity facility during the preceding fiscal 

22 year; 

23 (ii) protocols shall be established to 

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1 rity produces for legal orientation pro2 grams or that Department of Homeland 

3 Security contracts with outside entities for 

4 use in a legal orientation programs for 

5 such aliens who do not speak a language 

6 described in clause (i), including— 

7 (I) development of a list of all 

8 languages spoken by aliens encoun9 tered in the preceding 1-year period; 

10 (II) procedures for providing oral 

11 interpretation services if it is not pos12 sible to produce a written translation 

13 in a manner that will not unreason14 ably prolong an alien’s time in cus15 tody, or if the alien is unable to read 

16 written materials; and 

17 (III) an after-action plan for im18 proving future responses after a lan19 guage is encountered for which the 

20 Department of Homeland Security is 

21 unable to timely develop written mate22 rials; and 

23 (I) the Secretary shall have in place at 

24 each Department of Homeland Security facil25 ity— 


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1 (i) a feasible plan to provide language 

2 translation or interpretation services for 

3 any alien in a language the alien under4 stands; and 

5 (ii) a list of translation and interpre6 tation services and resources readily avail7 able to meet translation needs. 

8 (3) IMPLEMENTATION.—Not later than 90 days 

9 after the submittal of the final plan required by 

10 paragraph (1), the Secretary shall commence imple11 mentation of the plan. 

12 (c) PROCEDURES TO ENSURE AVAILABILITY.— 

13 (1) IN GENERAL.—The Secretary, in consulta14 tion with the Attorney General, shall develop and 

15 implement procedures— 

16 (A) to ensure that legal orientation pro17 grams are available for all detained aliens not 

18 later than 12 hours after being taken into cus19 tody at a Department of Homeland Security fa20 cility; and 

21 (B) to provide such aliens with information 

22 relating to— 

23 (i) the basic procedures of immigra24 tion hearings; 


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1 (ii) the rights of aliens under the im2 migration laws with respect to such hear3 ings; 

4 (iii) the consequences of filing a frivo5 lous legal claim or knowingly making a 

6 false statement in the course of a hearing; 

7 and 

8 (iv) any other matter the Secretary, in 

9 consultation with the Attorney General, 

10 considers appropriate. 

11 (2) ELEMENTS.—The procedures developed 

12 under paragraph (1) shall include— 

13 (A) the provision to aliens of a contact list 

14 of potential legal resources and providers; 

15 (B) the provision of a clear explanation, in 

16 a language the alien fully understands, of the 

17 asylum process and standards relating to as18 sessments for credible fear of persecution; 

19 (C) a requirement to provide group ori20 entations to aliens apprehended by U.S. Cus21 toms and Border Protection regarding asylum 

22 processing programs, including applicable pilot 

23 programs established under section 4, and 

24 forms of relief under the immigration laws; 


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1 (D) a requirement to provide aliens with 

2 access to self-help legal materials and commu3 nication with available pro bono legal represent4 atives; 

5 (E) protocols to allow aliens to make tele6 phone calls to legal representatives and to re7 ceive incoming calls from legal representatives 

8 in a private and confidential space while in cus9 tody at Department of Homeland Security fa10 cilities; and 

11 (F) a requirement to provide clear guid12 ance to aliens on— 

13 (i) additional procedural steps that 

14 occur after an interview with respect to 

15 credible fear of persecution; 

16 (ii) relevant forms required to be sub17 mitted to apply for asylum or withholding 

18 of removal; 

19 (iii) information that aliens are re20 quired to update as their cases are proc21 essed by U.S. Citizenship and Immigration 

22 Services and the Executive Office for Im23 migration Review; and 

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1 tive Office for Immigration Review, and an 

2 explanation of the legal significance of an 

3 in absentia order of removal. 

4 SEC. 8. MODIFICATIONS TO U.S. CUSTOMS AND BORDER 

5 PROTECTION STANDARDS ON TRANSPORT, 

6 ESCORT, DETENTION, AND SEARCH TO CON7 FORM WITH LEGAL ORIENTATION PROGRAM 

8 REQUIREMENTS. 

9 (a) INTERIM PLAN.—Not later than 90 days after the 

10 date of the enactment of this Act, the Secretary shall— 

11 (1) complete an assessment of the modifications 

12 to U.S. Customs and Border Protection transport, 

13 escort, detention, and search standards necessary— 

14 (A) to implement the interim plan for ex15 panded legal orientation and access programs 

16 under section 7(a); and 

17 (B) to ensure— 

18 (i) the safety of personnel of, and 

19 aliens detained in, U.S. Customs and Bor20 der Protection facilities; and 

21 (ii) orderly management and oper22 ation of such facilities; and 

23 (2) implement such modifications. 


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1 (b) FINAL PLAN.—Not later than 30 days after the 

2 submittal of the final plan under section 7(b), the Sec3 retary shall— 

4 (1) complete an assessment of the modifications 

5 to U.S. Customs and Border Protection transport, 

6 escort, detention, and search standards necessary— 

7 (A) to implement the final plan for ex8 panded legal orientation and access programs 

9 under such section; and 

10 (B) to ensure— 

11 (i) the safety of personnel of, and 

12 aliens detained in, U.S. Customs and Bor13 der facilities; and 

14 (ii) orderly management and oper15 ation of such facilities; and 

16 (2) implement such modifications. 

17 (c) ELEMENTS.—The modifications under subsection 

18 (a) and (b) shall include the development of protocols and 

19 procedures to allow employees of nonprofit organizations 

20 and legal representatives to enter U.S. Customs and Bor21 der Protection facilities to carry out legal orientation pro22 gramming, communication between aliens and outside 

23 counsel, and any other activity the Secretary considers ap24 propriate. 


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1 SEC. 9. STANDARD OPERATING PROCEDURES; FACILITIES 

2 STANDARDS. 

3 (a) STANDARD OPERATING PROCEDURES.—Section 

4 411(k)(1) of the Homeland Security Act of 2002 (6 

5 U.S.C. 211(k)) is amended— 

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

7 the end; 

8 (2) in subparagraph (E)(iv), by striking the pe9 riod at the end and inserting ‘‘; and’’; and 

10 (3) adding at the end the following: 

11 ‘‘(F) standard operating procedures re12 garding the detection, interdiction, inspection, 

13 processing, or transferring of alien children that 

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

15 Protection shall employ in the execution of their 

16 duties.’’. 

17 (b) FACILITIES STANDARDS.— 

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

19 than 270 days after the date of the enactment of 

20 this Act, the Secretary shall review and update the 

21 regulations under part 115 of title 6, Code of Fed22 eral Regulations, that set standards to prevent, de23 tect, and respond to sexual abuse and assault in im24 migration detention facilities and other holding fa25 cilities under the jurisdiction of the Department of 

26 Homeland Security. 


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1 (2) QUADRENNIAL REVIEW.—The Secretary 

2 shall review and update the regulations referred to 

3 in paragraph (1) not less frequently than once every 

4 4 years. 

5 SEC. 10. CRIMINAL BACKGROUND CHECKS FOR SPONSORS 

6 OF UNACCOMPANIED ALIEN CHILDREN. 

7 (a) IN GENERAL.—Section 235(c) of the William Wil8 berforce Trafficking Victims Protection Reauthorization 

9 Act of 2008 (8 U.S.C. 1232(c)) is amended— 

10 (1) in paragraph (3)— 

11 (A) in subparagraph (A), in the first sen12 tence, by striking ‘‘subparagraph (B)’’ and in13 serting ‘‘subparagraphs (B) and (C)’’; 

14 (B) by redesignating subparagraphs (B) 

15 and (C) as subparagraphs (C) and (D), respec16 tively; 

17 (C) by inserting after subparagraph (A) 

18 the following: 

19 ‘‘(B) CRIMINAL BACKGROUND CHECKS.— 

20 ‘‘(i) IN GENERAL.—Before placing an 

21 unaccompanied alien child with an indi22 vidual, the Secretary of Health and 

23 Human Services shall— 

24 ‘‘(I) conduct a criminal history 

25 background check on the individual 


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1 and each adult member of the individ2 ual’s household; and 

3 ‘‘(II) if appropriate, collect bio4 metric samples in connection with any 

5 such background check. 

6 ‘‘(ii) SCOPE.— 

7 ‘‘(I) IN GENERAL.—Each biomet8 ric criminal history background check 

9 required under clause (i) shall be con10 ducted through— 

11 ‘‘(aa) the Federal Bureau of 

12 Investigation; 

13 ‘‘(bb) criminal history re14 positories of each State the indi15 vidual lists as a current or 

16 former residence; and 

17 ‘‘(cc) any other Federal or 

18 State database or repository the 

19 Secretary of Health and Human 

20 Services considers appropriate. 

21 ‘‘(II) USE OF RAPID DNA IN22 STRUMENTS.—DNA analysis of a 

23 DNA sample collected under sub24 clause (I) may be carried out with 

25 Rapid DNA instruments (as defined 


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1 in section 3(c) of the DNA Analysis 

2 Backlog Elimination Act of 2000 (34 

3 U.S.C. 40702(c))). 

4 ‘‘(III) LIMITATION ON USE OF

5 BIOMETRIC SAMPLES.—The Secretary 

6 of Health and Human Services may 

7 not release a fingerprint or DNA sam8 ple collected, or disclose the results of 

9 a fingerprint or DNA analysis con10 ducted under this subparagraph, or 

11 any other information obtained pursu12 ant to this section, to the Department 

13 of Homeland Security for any immi14 gration enforcement purpose. 

15 ‘‘(IV) ACCESS TO INFORMATION

16 THROUGH THE DEPARTMENT OF

17 HOMELAND SECURITY.—Not later 

18 than 14 days after receiving a request 

19 from the Secretary of Health and 

20 Human Services, the Secretary of 

21 Homeland Security shall provide in22 formation necessary to conduct suit23 ability assessments from appropriate 

24 Federal, State, and local law enforce25 ment and immigration databases. 


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1 ‘‘(iii) PROHIBITION ON PLACEMENT

2 WITH INDIVIDUALS CONVICTED OF CER3 TAIN OFFENSES.—The Secretary of Health 

4 and Human Services may not place an un5 accompanied alien child in the custody or 

6 household of an individual who has been 

7 convicted of, or is currently being tried 

8 for— 

9 ‘‘(I) a sex offense (as defined in 

10 section 111 of the Sex Offender Reg11 istration and Notification Act (34 

12 U.S.C. 20911)); 

13 ‘‘(II) a crime involving severe 

14 forms of trafficking in persons (as de15 fined in section 103 of the Trafficking 

16 Victims Protection Act of 2000 (22 

17 U.S.C. 7102); 

18 ‘‘(III) a crime of domestic vio19 lence (as defined in section 40002(a) 

20 of the Violence Against Women Act 

21 (34 U.S.C. 12291(a)); 

22 ‘‘(IV) a crime of child abuse and 

23 neglect (as defined in section 3 of the 

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1 ment Act (Public Law 93–247; 42 

2 U.S.C. 5101 note)); 

3 ‘‘(V) murder, manslaughter, or 

4 an attempt to commit murder or man5 slaughter (within the meanings of 

6 such terms in sections 1111, 1112, 

7 and 1113 of title 18, United States 

8 Code); or 

9 ‘‘(VI) a crime involving receipt, 

10 distribution, or possession of a visual 

11 depiction of a minor engaging in sexu12 ally explicit conduct (within the mean13 ings of such terms in section 2252 of 

14 title 18, United States Code).’’; and 

15 (D) by adding at the end the following: 

16 ‘‘(E) WELL-BEING FOLLOW-UP CALLS.— 

17 Not later than 30 days after the date on which 

18 an unaccompanied alien child is released from 

19 the custody of the Secretary of Health and 

20 Human Services, and every 60 days thereafter 

21 until the date on which a final decision has 

22 been issued in the removal proceedings of the 

23 child or such proceedings are terminated, the 

24 Secretary shall conduct a follow-up telephone 

25 call with the unaccompanied alien child and the 


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1 child’s custodian or the primary point of con2 tact for any other entity with which the child 

3 was placed. 

4 ‘‘(F) CHANGE OF ADDRESS.—The Sec5 retary of Health and Human Services shall— 

6 ‘‘(i) require each custodian with whom 

7 an unaccompanied alien child is placed 

8 under this subsection to notify the Sec9 retary with respect to any change in the 

10 unaccompanied alien child’s physical or 

11 mailing address, including any situation in 

12 which the unaccompanied alien child per13 manently departs the custodian’s residence, 

14 not later than 7 days after the date on 

15 which such change or departure occurs; 

16 and 

17 ‘‘(ii) develop and implement a system 

18 that permits custodians to submit notifica19 tions electronically with respect to a 

20 change of address.’’. 

21 (b) COLLECTION AND COMPILATION OF STATISTICAL

22 INFORMATION.—Section 462(b)(1)(K) of the Homeland 

23 Security Act of 2002 (6 U.S.C. 279(b)(1)(K)) is amended 

24 by striking ‘‘; and’’ and inserting ‘‘, including— 


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1 ‘‘(i) the average length of time from 

2 apprehension to the child’s master cal3 endar hearing, organized by the fiscal year 

4 in which the children were apprehended by 

5 U.S. Customs and Border Protection; 

6 ‘‘(ii) the number of children identified 

7 under clause (i) who did and did not ap8 pear at master calendar hearings, includ9 ing the percentage of children in each cat10 egory who were represented by counsel; 

11 ‘‘(iii) the average length of time from 

12 apprehension to the child’s merits hearing, 

13 organized by the fiscal year in which the 

14 children were apprehended by U.S. Cus15 toms and Border Protection; 

16 ‘‘(iv) the number of children identified 

17 under clause (i) who did and did not ap18 pear at merits hearings, including the per19 centage of children in each category who 

20 are represented by counsel; and 

21 ‘‘(v) the total number of well-being 

22 follow-up calls conducted under section 

23 235 of the William Wilberforce Trafficking 

24 Victims Protection Reauthorization Act of 

25 2008 (8 U.S.C. 1232(c)(3)(E)) at each 


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1 time interval following placement with a 

2 custodian or other entity, and the number 

3 of children that the Secretary of Health 

4 and Human Services is unable to contact 

5 at each interval, organized by the fiscal 

6 year in which the children were appre7 hended by U.S. Customs and Border Pro8 tection; and’’. 

9 SEC. 11. FRAUD IN CONNECTION WITH THE TRANSFER OF 

10 CUSTODY OF UNACCOMPANIED ALIEN CHIL11 DREN. 

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

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘§ 1041. Fraud in connection with the transfer of cus16 tody of unaccompanied alien children 

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

18 to obtain custody of an unaccompanied alien child (as de19 fined in section 462(g) of the Homeland Security Act of 

20 2002 (6 U.S.C. 279(g)))— 

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

22 or fraudulent statement or representation; or 

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

24 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. 12. ACCOUNTABILITY FOR CHILDREN AND TAX19 PAYERS. 

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

21 Wilberforce Trafficking Victims Protection Reauthoriza22 tion Act of 2008 (8 U.S.C. 1232(b)) is amended by adding 

23 at the end the following: 

24 ‘‘(5) INSPECTION OF FACILITIES.— 


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1 ‘‘(A) FACILITIES USED BY SECRETARY OF

2 HEALTH AND HUMAN SERVICES.—The Inspec3 tor General of the Department of Health and 

4 Human Services shall conduct regular inspec5 tions of facilities used by the Secretary of 

6 Health and Human Services to provide care 

7 and custody of unaccompanied alien children 

8 who are in the immediate custody of the Sec9 retary to ensure that such facilities are oper10 ated in an efficient and effective manner while 

11 also ensuring— 

12 ‘‘(i) the safety of unaccompanied alien 

13 children; and 

14 ‘‘(ii) that unaccompanied alien chil15 dren— 

16 ‘‘(I) have access to information 

17 relevant to their removal proceedings 

18 and claims for relief; and 

19 ‘‘(II) are able to communicate ef20 ficaciously with their legal representa21 tives. 

22 ‘‘(B) FACILITIES USED BY THE SEC23 RETARY OF HOMELAND SECURITY.—The In24 spector General of the Department of Home25 land Security shall conduct regular inspections 


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1 of facilities, including temporary facilities and 

2 facilities built or obtained for use to deal with 

3 an irregular migration influx, used by the Sec4 retary of Homeland Security in which unaccom5 panied alien children and family units are de6 tained, to ensure that— 

7 ‘‘(i) such facilities are operated in an 

8 efficient and effective manner; and 

9 ‘‘(ii) unaccompanied alien child and 

10 family units— 

11 ‘‘(I) have access to information 

12 relevant to their removal proceedings 

13 and claims for relief; and 

14 ‘‘(II) are able to communicate ef15 ficaciously with their legal representa16 tives. 

17 ‘‘(6) REPORT ON FACILITY OPERATION

18 COSTS.—Not less frequently than annually, the Sec19 retary of Health and Human Services and the Sec20 retary of Homeland Security shall each submit to 

21 the Committee on the Judiciary and the Committee 

22 on Homeland Security and Governmental Affairs of 

23 the Senate and the Committee on the Judiciary and 

24 the Committee on Homeland Security of the House 

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1 ity described in subparagraph (A) or (B) of para2 graph (5), respectively— 

3 ‘‘(A) the average daily cost for each unac4 companied alien child housed or detained at 

5 such facility; 

6 ‘‘(B) the average cost over the entire sys7 tem; and 

8 ‘‘(C) in the case of such a facility the aver9 age daily cost per child of which significantly 

10 exceeds the average cost over the entire system, 

11 an explanation of expenditures.’’. 

12 SEC. 13. HIRING AUTHORITY. 

13 (a) U.S. CUSTOMS AND BORDER PROTECTION.— 

14 (1) IN GENERAL.—The Commissioner of U.S. 

15 Customs and Border Protection shall hire, train, and 

16 assign— 

17 (A) not fewer than 600 new Office of Field 

18 Operations Officers (above the current attrition 

19 level) during every fiscal year until the total 

20 number of Office of Field Operations officers 

21 equals and sustains the requirements identified 

22 each year in the Workforce Staffing Model; 

23 (B) support staff, including technicians, to 

24 perform non-law enforcement administrative 

25 functions to support the new Office of Field 


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1 Operations officers hired pursuant to subpara2 graph (A); and 

3 (C) not fewer than 250 Border Patrol 

4 processing coordinators. 

5 (2) TRAFFIC FORECASTS.—In calculating the 

6 number of Office of Field Operations officers needed 

7 at each port of entry through the Workforce Staffing 

8 Model, the Commissioner of U.S. Customs and Bor9 der Protection shall— 

10 (A) rely on data collected regarding the in11 spections and other activities conducted at each 

12 such port of entry; and 

13 (B) consider volume from seasonal 

14 influxes, other projected changes in commercial 

15 and passenger volumes, the most current com16 mercial forecasts, and temporary detailed per17 sonnel of the Office of Field Operations to as18 sist with irregular migration influx events or 

19 other events, and other relevant information. 

20 (3) GAO REPORT.—If the Commissioner of 

21 U.S. Customs and Border Protection does not hire 

22 600 additional Office of Field Operations officers 

23 pursuant to paragraph (1)(A) during the fiscal year 

24 in which this Act is enacted, or during any subse25 quent fiscal year in which the hiring requirements 


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1 set forth in the Workforce Staffing Model have not 

2 been achieved, the Comptroller General of the 

3 United States shall— 

4 (A) conduct a review of U.S. Customs and 

5 Border Protection hiring practices to determine 

6 the reasons that such requirements were not 

7 achieved and to address other issues related to 

8 hiring by U.S. Customs and Border Protection; 

9 and 

10 (B) submit a report to the Committee on 

11 Homeland Security and Governmental Affairs 

12 of the Senate and the Committee on Homeland 

13 Security of the House of Representatives that 

14 describes the results of the review conducted 

15 under subparagraph (A). 

16 (b) U.S. IMMIGRATION AND CUSTOMS ENFORCE17 MENT.— 

18 (1) IN GENERAL.—The Director of U.S. Immi19 gration and Customs Enforcement shall hire, train, 

20 and assign— 

21 (A) not fewer than 300 Enforcement and 

22 Removal Operations support personnel to ad23 dress case management responsibilities relating 

24 to aliens apprehended along the southwest bor25 der, and the operation of regional processing 


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1 centers established under section 437(a) of the 

2 Homeland Security Act of 2002; 

3 (B) not fewer than 128 attorneys in the 

4 Office of the Principal Legal Advisor; and 

5 (C) not fewer than 41 support staff within 

6 the Office of the Principal Legal Advisor to as7 sist immigration judges within the Executive 

8 Office for Immigration Review with removal, 

9 asylum, and custody determination proceedings. 

10 (2) GAO REVIEW AND REPORT RELATING TO

11 STAFFING NEEDS.— 

12 (A) REVIEW.—The Comptroller General of 

13 the United States shall conduct a review of— 

14 (i) U.S. Immigration and Customs 

15 Enforcement activities and staffing needs 

16 related to irregular migration influx events 

17 along the southwest border during fiscal 

18 years 2014, 2019, and 2021, including— 

19 (I) the total number of aliens 

20 placed in removal proceedings in con21 nection with such irregular migration 

22 influx events; 

23 (II) the number of hours dedi24 cated to responding to irregular mi25 gration influx events by Enforcement 


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1 and Removal Operations officers, En2 forcement and Removal Operations 

3 support personnel, attorneys within 

4 the Office of the Principal Legal Advi5 sor, and support staff within the Of6 fice of the Principal Legal Advisor; 

7 and 

8 (III) the impact that response to 

9 such irregular migration influx events 

10 had on the ability of U.S. Immigra11 tion and Customs Enforcement to 

12 carry out other aspects of its mission, 

13 including the regular transport of mi14 grants from U.S. Customs and Border 

15 Protection facilities to U.S. Immigra16 tion and Customs Enforcement facili17 ties; and 

18 (ii) staffing levels within the Office of 

19 the Principal Legal Advisor, U.S. Immi20 gration and Customs Enforcement, includ21 ing the impact such staffing levels have on 

22 docketing of cases within the Executive Of23 fice for Immigration Review. 

24 (B) REPORT.—Not later than 1 year after 

25 the date of the enactment of this Act, the 


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1 Comptroller General shall submit to the appro2 priate committees of Congress a report that de3 scribes the results of the review conducted 

4 under subparagraph (A). 

5 (c) EXECUTIVE OFFICE FOR IMMIGRATION RE6 VIEW.—The Director of the Executive Office for Immigra7 tion Review shall hire, train, and assign not fewer than 

8 150 new Immigration Judge teams, including staff attor9 neys and all applicable support staff for such Immigration 

10 Judge teams. 

11 (d) U.S. CITIZENSHIP AND IMMIGRATION SERV12 ICES.—The Director of U.S. Citizenship and Immigration 

13 Services shall hire, train, and assign not fewer than 300 

14 asylum officers. 

15 SEC. 14. REPORTS TO CONGRESS. 

16 (a) UNACCOMPANIED ALIEN CHILDREN.— 

17 (1) CARE OF UNACCOMPANIED ALIEN CHIL18 DREN.—Not later than 180 days after the date of 

19 the enactment of this Act, the Secretary of Health 

20 and Human Services shall submit to the appropriate 

21 committees of Congress, and make publicly available, 

22 a report that includes— 

23 (A) a detailed summary of the contracts in 

24 effect to care for and house unaccompanied 

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1 tions of contractors and the facilities being 

2 used; 

3 (B) for each contractor and facility re4 ferred to in subparagraph (A), the cost per day 

5 to care for and house an unaccompanied alien 

6 child, including a breakdown of factors that 

7 contribute to such cost; 

8 (C) the number of unaccompanied alien 

9 children who have been released to a sponsor, 

10 if any; 

11 (D) a list of the States in which unaccom12 panied alien children have been released from 

13 the custody of the Secretary of Health and 

14 Human Services to the care of a sponsor or 

15 placement in a facility; 

16 (E) a determination of whether more than 

17 1 unaccompanied alien child has been released 

18 to the same sponsor, including the number of 

19 children who were released to such sponsor; 

20 (F) an assessment of the extent to which 

21 the Secretary of Health and Human Services is 

22 monitoring the release of unaccompanied alien 

23 children, including home studies and any other 

24 monitoring activity; 


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1 (G) an assessment of the extent to which 

2 the Secretary of Health and Human Services is 

3 making efforts— 

4 (i) to educate unaccompanied alien 

5 children about their legal rights and the 

6 legal process; and 

7 (ii) to provide unaccompanied alien 

8 children access to pro bono counsel; and 

9 (H) an assessment of efforts by the Sec10 retary of Health and Human Services to miti11 gate the spread of contagious disease within fa12 cilities operated or contracted by the Secretary, 

13 including— 

14 (i) medical screening and treatment 

15 services provided to unaccompanied alien 

16 children; and 

17 (ii) communication with State, local, 

18 and Tribal governments regarding the re19 lease from custody of any unaccompanied 

20 alien child who suffers from a contagious 

21 disease or may be especially vulnerable to 

22 a contagious disease. 

23 (2) RETURNS TO COUNTRY OF NATIONALITY.— 

24 Not later than 180 days after the date of the enact25 ment of this Act, the Secretary shall submit to the 


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1 appropriate committees of Congress, and make pub2 licly available, a report that identifies— 

3 (A) the number of unaccompanied alien 

4 children who have voluntarily returned to their 

5 country of nationality or habitual residence, 

6 disaggregated by— 

7 (i) country of nationality or habitual 

8 residence; and 

9 (ii) age of the unaccompanied alien 

10 children; 

11 (B) the number of unaccompanied alien 

12 children who have been returned to their coun13 try of nationality or habitual residence, includ14 ing the length of time such children were 

15 present in the United States; 

16 (C) the number of unaccompanied alien 

17 children who have not been returned to their 

18 country of nationality or habitual residence 

19 pending travel documents or other requirements 

20 from such country, including how long they 

21 have been waiting to return; and 

22 (D) the number of unaccompanied alien 

23 children who were granted relief in the United 

24 States, whether through asylum, any other im25 migration benefit or status, or deferred action. 


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1 (3) IMMIGRATION PROCEEDINGS.—Not later 

2 than 90 days after the date of the enactment of this 

3 Act, and not less frequently than every 90 days 

4 thereafter, the Secretary, in coordination with the 

5 Director of the Executive Office for Immigration Re6 view, shall submit to the appropriate committees of 

7 Congress, and make publicly available, a report that 

8 identifies— 

9 (A) the number of unaccompanied alien 

10 children who, after proceedings under section 

11 235(b) of the Immigration and Nationality Act 

12 (8 U.S.C. 1225(b)), were returned to their 

13 country of nationality or habitual residence, 

14 disaggregated by— 

15 (i) country of nationality or residence; 

16 and 

17 (ii) age and gender of such aliens; 

18 (B) the number of unaccompanied alien 

19 children who, after proceedings under section 

20 235(b) of the Immigration and Nationality Act 

21 (8 U.S.C. 1225(b)), prove a claim of admissi22 bility and are placed in proceedings under sec23 tion 240 of that Act (8 U.S.C. 1229a); and 


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1 (C) the number of unaccompanied alien 

2 children who fail to appear at a removal hear3 ing that such alien was required to attend. 

4 (b) BINATIONAL EFFORTS TO COMBAT IRREGULAR

5 MIGRATION.—Not later than 180 days after the date of 

6 the enactment of this Act, the Secretary of State shall sub7 mit to the appropriate committees of Congress, and make 

8 publicly available, a report that includes— 

9 (1) a copy of any repatriation agreement in ef10 fect for unaccompanied alien children; 

11 (2) a description of the status of any repatri12 ation agreement that is being considered or nego13 tiated; 

14 (3) a description of the foreign assistance fund15 ing provided by the United States Government to 

16 the 20 countries that have the highest total number 

17 of nationals entering the United States as unaccom18 panied alien children and the 20 countries that have 

19 the highest total number of nationals entering the 

20 United States who do not use the formal immigra21 tion system of the United States or of the countries 

22 such individuals are traveling through, including 

23 amounts provided for, and descriptions of, initiatives 

24 or programs— 


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1 (A) to deter the children, adults, and fami2 lies of each such country from illegally entering 

3 the United States; and 

4 (B) to care for or reintegrate repatriated 

5 unaccompanied alien children in the country of 

6 nationality or last habitual residence; 

7 (4) an examination of domestic initiatives by 

8 countries described in paragraph (3) with respect to 

9 the prevention of irregular migration by children, 

10 adults, and families and the manner in which the 

11 United States may work with such countries to 

12 make such initiatives more successful; and 

13 (5) recommendations on actions the United 

14 States may take, through foreign aid programs of 

15 the United States, to improve the ability of such 

16 countries to combat irregular migration. 

17 (c) SUSPECTED TRAFFICKING OF ALIEN CHIL18 DREN.—Not later than 180 days after the date of the en19 actment of this Act, the Secretary shall submit to the ap20 propriate committees of Congress, and make publicly 

21 available, a report that includes— 

22 (1) an anonymized data set describing incidents 

23 in which the Secretary has suspected that an alien 

24 child was apprehended multiple times as a part of 


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1 different family units and the response of the Sec2 retary to such incidents; 

3 (2) an anonymized data set describing incidents 

4 not described in paragraph (1) in which the Sec5 retary has suspected that an alien child was falsely 

6 claimed as a member of a family unit and the re7 sponse of the Secretary to such incidents; 

8 (3) a description of current techniques and 

9 technologies used to verify the identity of alien chil10 dren who are presented as members of multiple fam11 ily units; and 

12 (4) legislative recommendations to improve the 

13 ability of the Secretary to detect and respond to in14 cidents in which an alien child is fraudulently 

15 claimed to be a member of a family unit. 

16 SEC. 15. IMPROVING THE ABILITY TO TRANSPORT MI17 GRANTS. 

18 (a) IMPROVEMENT OF TRANSPORTATION POLICY

19 AND STANDARDS.— 

20 (1) IN GENERAL.—Not later than 90 days after 

21 the date of enactment of this Act, the Secretary 

22 shall update the transportation policies, standards, 

23 definitions, and any other needed guidance or regu24 lations of the Department of Homeland Security to 

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1 ment to conduct ground transportation of migrants 

2 at the southwest border. 

3 (2) ELEMENTS.—The update required by para4 graph 1 shall include— 

5 (A) the provision of authority, to the ex6 tent possible, for the Department of Homeland 

7 Security to transport migrants who are being 

8 released by the Department to facilities oper9 ated by State, local, or Tribal governments, or 

10 by nongovernmental organizations directly 

11 working to provide aid to migrants along the 

12 southwest border so as— 

13 (i) to ensure the health and safety of 

14 local communities and the migrants; 

15 (ii) to promote an orderly environment 

16 along the border and at United States 

17 ports of entry; and 

18 (iii) to avoid overburdening small 

19 communities that are poorly equipped to 

20 handle a population influx; 

21 (B) a consideration of the manner in which 

22 a public health emergency may require changes 

23 in Department transportation policy to protect 

24 public health and the health of migrants; and 


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1 (C) a system through which the Depart2 ment shall consistently provide not less than 4 

3 hours advance notification to State, local, or 

4 Tribal governments, and nongovernmental orga5 nizations and private entities directly providing 

6 aid or other services to migrants, including 

7 services provided for a fee, of the intent of the 

8 Department to transport migrants to such ju9 risdictions or facilities located in such jurisdic10 tion. 

11 (3) LIMITATION.—Any authority established 

12 under paragraph (2)(A) shall be limited to transpor13 tation within the States of California, Arizona, New 

14 Mexico, and Texas, unless the Secretary certifies, on 

15 a case-by-case basis, that transport to a particular 

16 facility located in another State is necessary for the 

17 public good. 

18 (b) REPORT TO CONGRESS.—Not later than 180 days 

19 after the date of the enactment of this Act, the Secretary 

20 shall submit to the appropriate committees of Congress, 

21 and make publicly available, a report that includes— 

22 (1) an assessment as to whether current De23 partment of Homeland Security ground transpor24 tation resources are sufficient— 


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1 (A) to meet Department responsibilities 

2 with respect to the transportation of migrants; 

3 and 

4 (B) to ensure the safety of Department 

5 personnel and migrants; 

6 (2) a description of current Department con7 tracts regarding transportation of migrants at the 

8 southwest border, the ability of the Department to 

9 expand such contracts to improve transportation ca10 pacity, and any limitations related to such contracts 

11 that impede the expansion of transportation capac12 ity; 

13 (3) a description of recommended changes to 

14 Department transportation policies and standards 

15 that would require additional legislative authority; 

16 (4) recommendations to Congress for legislative 

17 changes that would improve the ability of the De18 partment to expand and improve its transportation 

19 capabilities; and 

20 (5) an assessment of the impact of public 

21 health emergencies on Department transportation 

22 and the steps the Department will take to further 

23 improve transportation of migrants during public 

24 health emergencies. 


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1 SEC. 16. RULE OF CONSTRUCTION. 

2 Nothing in this Act shall be construed to affect any 

3 requirement placed on the Department of Homeland Secu4 rity or any other agency under the terms of any lawful 

5 settlement agreement or consent decree entered into by 

6 the Department or another agency. 

7 SEC. 17. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated such sums 

9 as are necessary to carry out this Act and the amendments 

10 made by this Act. 

Æ 


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