Protection of Children Act of 2016

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to provide expedited processing for unaccompanied alien children who are not victims of a severe form of trafficking in persons and who do not have a fear of returning to their country of nationality or last habitual residence, and for other purposes. 1. Short title This Act may be cited as the Protection of Children Act of 2016 2. Repatriation of unaccompanied alien children (a) In general Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (1) in subsection (a)— (A) in paragraph (2)— (i) by amending the heading to read as follows: Rules for unaccompanied alien children.— (ii) in subparagraph (A)— (I) in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States (II) in clause (i), by inserting and (III) in clause (ii), by striking ; and (IV) by striking clause (iii); (iii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking ( 8 U.S.C. 1101 et seq. ( 8 U.S.C. 1101 et seq. (II) in clause (i), by inserting may permit such child to withdraw (III) in clause (ii), by inserting shall return such child (iv) in subparagraph (C)— (I) by amending the heading to read as follows: Agreements with foreign countries (II) in the matter preceding clause (i), by striking The Secretary of State shall negotiate agreements between the United States and countries contiguous to the United States The Secretary of State may negotiate agreements between the United States and any foreign country that the Secretary determines appropriate (B) in paragraph (5)(D)— (i) in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to the exceptions under subsection (a)(2), who does not meet the criteria listed in paragraph (2)(A) (ii) in clause (i), by inserting , which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph (4) (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A), by inserting believed not to meet the criteria listed in subsection (a)(2)(A) (ii) in subparagraph (B), by inserting and does not meet the criteria listed in subsection (a)(2)(A) (B) in paragraph (3), by striking an unaccompanied alien child in custody shall an unaccompanied alien child in custody— (A) in the case of a child who does not meet the criteria listed in subsection (a)(2)(A), shall transfer the custody of such child to the Secretary of Health and Human Services not later than 30 days after determining that such child is an unaccompanied alien child who does not meet such criteria; or (B) in the case of child who meets the criteria listed in subsection (a)(2)(A), may transfer the custody of such child to the Secretary of Health and Human Services after determining that such child is an unaccompanied alien child who meets such criteria. ; and (3) in subsection (c)— (A) in paragraph (3), by inserting at the end the following: (D) Information about individuals with whom children are placed (i) Information to be provided to Homeland Security Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed, the following information: (I) The name of the individual. (II) The social security number of the individual. (III) The date of birth of the individual. (IV) The location of the individual’s residence where the child will be placed. (V) The immigration status of the individual, if known. (VI) Contact information for the individual. (ii) Special rule In the case of a child who was apprehended on or after June 15, 2012, and before the date of the enactment of the Protection of Children Act of 2016 Protection of Children Act of 2016 (iii) Activities of the Secretary of Homeland Security Not later than 30 days after receiving the information listed in clause (i), the Secretary of Homeland Security shall— (I) in the case that the immigration status of an individual with whom a child is placed is unknown, investigate the immigration status of that individual; and (II) upon determining that an individual with whom a child is placed is unlawfully present in the United States, initiate removal proceedings pursuant to chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq. ; and (B) in paragraph (5)— (i) by inserting , at no expense to the Government, to the greatest extent practicable (ii) by striking have counsel to represent them have access to counsel to represent them (b) Effective date The amendments made by this section shall apply to any unauthorized alien child apprehended on or after June 15, 2012. 3. Special immigrant juvenile status for immigrants unable to reunite with either parent Section 101(a)(27)(J)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J)(i) 1 or both of the immigrant’s parents either of the immigrant’s parents 4. Jurisdiction of asylum applications Section 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158

Summary: Protection of Children Act of 2016 This bill amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to eliminate the special repatriation requirements for unaccompanied alien children (UAC) who are nationals or residents of a country contiguous to the United States. (Applies the same removal requirements to all UACs who are not victims of a severe form of trafficking in persons and who do not have a fear of returning to their country of nationality or last habitual residence.) An immigration officer who finds an inadmissible UAC at a land border or port of entry shall return the child to his or her country of nationality or of last habitual residence. (Such authority is now only discretionary.) The Department of State shall negotiate agreements between the United States and other countries for the repatriation of children. (Under current law the Secretary is required to negotiate agreements between the United States and countries contiguous to the United States for the repatriation of children.) An unaccompanied child who is not a victim of a severe form of trafficking in persons, and does not have a fear of returning to his or her country of nationality or last habitual residence, but who is: in removal proceedings shall have a hearing before an immigration judge within 14 days, in federal custody shall be transferred to Department of Health and Human Services (HHS) custody within 30 days, and in HHS or Department of Homeland Security (DHS) custody shall have access to legal counsel at no cost to the government. HHS, before placing a child with an individual, shall provide DHS with the individual's name, Social Security number, date of birth, residence location, and immigration status, if known. DHS shall investigate the immigration status of the individual with whom the child is placed, and initiate removal proceedings if that individual is unlawfully present in the United States. Such requirements shall apply to any unauthorized child apprehended on or after June 15, 2012. The Immigration and Nationality Act is amended with respect to: (1) special immigrant juvenile status, and (2) jurisdiction of asylum applications.