Asylum Reform and Border Protection Act of 2014

To modify the treatment of unaccompanied alien children who are in Federal custody by reason of their immigration status, and for other purposes. 1. Short title This Act may be cited as the Asylum Reform and Border Protection Act of 2014 2. Safe removal of minors (a) Country agreements Section 235(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a)(2) (2) Country agreements The Secretary of State shall negotiate agreements between the United States and other countries with respect to the repatriation of children. Such agreements shall be designed to protect children from severe forms of trafficking in persons, and shall, at a minimum, provide that— (A) no child shall be returned to the child's country of nationality or of last habitual residence unless returned to appropriate employees or officials, including child welfare officials where available, of the accepting country's government; (B) no child shall be returned to the child's country of nationality or of last habitual residence outside of reasonable business hours; and (C) border personnel of the countries that are parties to such agreements are trained in the terms of such agreements. . (b) Repeals Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) (1) by striking paragraphs (3) and (4); (2) by striking paragraph (5)(D); and (3) by redesignating paragraph (5) as paragraph (3). (c) Screening of applicants for admission Section 235(b)(1)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(A)(i) (other than an alien described in subparagraph (F)) (including a child, whether or not the child is an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) 3. Clarification of intent regarding taxpayer-provided counsel Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 (1) by striking (at no expense to the Government) (2) by adding at the end the following: Notwithstanding any other provision of law, in no instance shall the Government bear any expense for counsel for any person in removal proceedings or in any appeal proceedings before the Attorney General from any such removal proceedings. . 4. Special immigrant juvenile visas Section 101(a)(27)(J)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J)(i) and whose reunification with 1 or both of the immigrant's parents is not viable due and who cannot be reunified with either of the immigrant’s parents due 5. Credible fear interviews Section 235(b)(1)(B)(v) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B)(v) 208. 208, and it is more probable than not that the statements made by the alien in support of the alien’s claim are true. 6. Recording expedited removal and credible fear interviews (a) In general The Secretary of Homeland Security shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the Department of Homeland Security exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) (b) Factors relating to sworn statements Where practicable, any sworn or signed written statement taken of an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(A) (c) Interpreters The Secretary shall ensure that a competent interpreter, not affiliated with the government of the country from which the alien may claim asylum, is used when the interviewing officer does not speak a language understood by the alien and there is no other Federal, State, or local government employee available who is able to interpret effectively, accurately, and impartially. (d) Recordings in immigration proceedings Recordings of interviews of aliens subject to expedited removal shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien. (e) No private right of action Nothing in this section shall be construed to create any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable in law or equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any person, nor does this section create any right of review in any administrative, judicial, or other proceeding. 7. Parole reform (a) In general Paragraph (5) of section 212(d) ( 8 U.S.C. 1182(d) (5) Humanitarian and public interest parole (A) In general Subject to the provisions of this paragraph and section 214(f)(2), the Secretary of Homeland Security, in the sole discretion of the Secretary of Homeland Security, may on a case-by-case basis parole an alien into the United States temporarily, under such conditions as the Secretary of Homeland Security may prescribe, only— (i) for an urgent humanitarian reason (as described under subparagraph (B)); or (ii) for a reason deemed strictly in the public interest (as described under subparagraph (C)). (B) Humanitarian parole The Secretary of Homeland Security may parole an alien based on an urgent humanitarian reason described in this subparagraph only if— (i) the alien has a medical emergency and the alien cannot obtain necessary treatment in the foreign state in which the alien is residing or the medical emergency is life-threatening and there is insufficient time for the alien to be admitted through the normal visa process; (ii) the alien is needed in the United States in order to donate an organ or other tissue for transplant into a close family member; or (iii) the alien has a close family member in the United States whose death is imminent and the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted through the normal visa process. (C) Public interest parole The Secretary of Homeland Security may parole an alien based on a reason deemed strictly in the public interest described in this subparagraph only if the alien has assisted the United States Government in a matter, such as a criminal investigation, espionage, or other similar law enforcement activity, and either the alien’s presence in the United States is required by the Government or the alien’s life would be threatened if the alien were not permitted to come to the United States. (D) Limitation on the use of parole authority The Secretary of Homeland Security may not use the parole authority under this paragraph to permit to come to the United States aliens who have applied for and have been found to be ineligible for refugee status or any alien to whom the provisions of this paragraph do not apply. (E) Parole not an admission Parole of an alien under this paragraph shall not be considered an admission of the alien into the United States. When the purposes of the parole of an alien have been served, as determined by the Secretary of Homeland Security, the alien shall immediately return or be returned to the custody from which the alien was paroled and the alien shall be considered for admission to the United States on the same basis as other similarly situated applicants for admission. (F) Report to Congress Not later than 90 days after the end of each fiscal year, the Secretary of Homeland Security shall submit a report to the Committees on the Judiciary of the House of Representatives and the Senate describing the number and categories of aliens paroled into the United States under this paragraph. Each such report shall contain information and data concerning the number and categories of aliens paroled, the duration of parole, and the current status of aliens paroled during the preceding fiscal year. . (b) Effective date The amendment made by subsection (a) shall take effect on the first day of the first month beginning more than 60 days after the date of the enactment of this Act. 8. Report to Congress on parole procedures and standardization of parole procedures (a) In general The Attorney General and the Secretary of Homeland Security shall jointly conduct a review, and report to the Judiciary Committees of the House of Representatives and the Senate, not later than 180 days after the date of the enactment of this Act, and annually thereafter, regarding the effectiveness of parole and custody determination procedures applicable to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts. The report shall include the following: (1) An analysis of the rate at which release from detention (including release on parole) is granted to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts throughout the United States, and any disparity that exists between locations or geographical areas, including explanation of the reasons for this disparity and what actions are being taken to have consistent and uniform application of the standards for granting parole. (2) An analysis of the effect of the procedures and policies applied with respect to parole and custody determinations both by the Attorney General and the Secretary on the alien’s pursuit of their asylum claim before an immigration court. (3) An analysis of the effectiveness of the procedures and policies applied with respect to parole and custody determinations both by the Attorney General and the Secretary in securing the alien’s presence at the immigration court proceedings. (b) Recommendations The report should include recommendations with respect to whether the existing parole and custody determination procedures applicable to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts both respect the interests of aliens and ensure the presence of the aliens at the immigration court proceedings. The report should include an assessment on corresponding failure to appear rates, inabsentia orders, and absconders. 9. Grounds of inadmissibility and deportability for alien gang members (a) Definition of gang member Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) (53) (A) The term criminal gang (i) A felony drug offense 21 U.S.C. 802 (ii) An offense under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose). (iii) A crime of violence (as defined in section 16 (iv) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary. (v) Any conduct punishable under sections 1028 1029 (vi) A conspiracy to commit an offense described in clauses (i) through (v). (B) Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the conduct occurred before, on, or after the date of the enactment of this paragraph. . (b) Inadmissibility Section 212(a)(2) of such Act ( 8 U.S.C. 1182(a)(2) (J) Aliens associated with criminal gangs Any alien is inadmissible who a consular officer, the Secretary of Homeland Security, or the Attorney General knows or has reason to believe— (i) to be or to have been a member of a criminal gang (as defined in section 101(a)(53)); or (ii) to have participated in the activities of a criminal gang (as defined in section 101(a)(53)), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang. . (c) Deportability Section 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2) (G) Aliens associated with criminal gangs Any alien is deportable who the Secretary of Homeland Security or the Attorney General knows or has reason to believe— (i) is or has been a member of a criminal gang (as defined in section 101(a)(53)); or (ii) has participated in the activities of a criminal gang (as so defined), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang. . (d) Designation (1) In general Chapter 2 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1181 et seq. 220. Designation (a) In general The Secretary of Homeland Security, in consultation with the Attorney General, and the Secretary of State may designate a group or association as a criminal street gang if their conduct is described in section 101(a)(53) or if the group or association conduct poses a significant risk that threatens the security and the public safety of United States nationals or the national security, homeland security, foreign policy, or economy of the United States. (b) Effective date Designations under subsection (a) shall remain in effect until the designation is revoked after consultation between the Secretary of Homeland Security, the Attorney General, and the Secretary of State or is terminated in accordance with Federal law. . (2) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 219 the following: 220. Designation. . (e) Mandatory detention of criminal street gang members (1) In general Section 236(c)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1)(D) (A) by inserting or 212(a)(2)(J) 212(a)(3)(B) (B) by inserting 237(a)(2)(G) or 237(a)(4)(B) (2) Annual report Not later than March 1 of each year (beginning 1 year after the date of the enactment of this Act), the Secretary of Homeland Security, after consultation with the appropriate Federal agencies, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on the number of aliens detained under the amendments made by paragraph (1). (f) Asylum claims based on gang affiliation (1) Inapplicability of restriction on removal to certain countries Section 241(b)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1251(b)(3)(B) who is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is to an alien (2) Ineligibility for asylum Section 208(b)(2)(A) of such Act ( 8 U.S.C. 1158(b)(2)(A) (A) in clause (v), by striking or (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: (vi) the alien is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) (relating to participation in criminal street gangs); or . (g) Temporary protected status Section 244 of such Act ( 8 U.S.C. 1254a (1) by striking Attorney General Secretary of Homeland Security (2) in subparagraph (c)(2)(B)— (A) in clause (i), by striking or (B) in clause (ii), by striking the period and inserting ; or (C) by adding at the end the following: (iii) the alien is, or at any time after admission has been, a member of a criminal gang (as defined in section 101(a)(53)). ; and (3) in subsection (d)— (A) by striking paragraph (3); and (B) in paragraph (4), by adding at the end the following: The Secretary of Homeland Security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law. (h) Special immigrant juvenile visas Section 101(a)(27)(J)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J)(iii) (1) in subclause (I), by striking and (2) in subclause (II), by inserting and (3) by adding at the end the following: (III) no alien who is, or was at any time after admission has been, a member of a criminal gang (as defined in section 101(a)(53)) shall be eligible for any immigration benefit under this subparagraph; . (i) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to acts that occur before, on, or after the date of the enactment of this Act. 10. Unaccompanied alien child defined Section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) (2) The term unaccompanied alien child (A) means an alien who— (i) has no lawful immigration status in the United States; (ii) has not attained 18 years of age; and (iii) with respect to whom— (I) there is no parent or legal guardian in the United States; (II) no parent or legal guardian in the United States is available to provide care and physical custody; or (III) no sibling over 18 years of age, aunt, uncle, grandparent, or cousin over 18 years of age is available to provide care and physical custody; except that (B) such term shall cease to include an alien if at any time a parent, legal guardian, sibling over 18 years of age, aunt, uncle, grandparent, or cousin over 18 years of age of the alien is found in the United States and is available to provide care and physical custody (and the Secretary of Homeland Security and the Secretary of Health and Human Services shall revoke accordingly any prior designation of the alien under this paragraph). . 11. Modifications to preferential availability for asylum for unaccompanied alien minors Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (1) by striking subsection (a)(2)(E); and (2) by striking subsection (b)(3)(C). 12. Notification and transfer of custody regarding unaccompanied alien minors Section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) (1) in paragraph (2), by striking 48 hours 7 days (2) in paragraph (3), by striking 72 hours 30 days 13. Information sharing between Department of Health and Human Services and Department of Homeland Security Section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) (5) Information sharing The Secretary of Health and Human Services shall share with the Secretary of Homeland Security any information requested on a child who has been determined to be an unaccompanied alien child and who is or has been in the custody of the Secretary of Health and Human Services, including the location of the child and any person to whom custody of the child has been transferred, for any legitimate law enforcement objective, including enforcement of the immigration laws. . 14. Safe third country Section 208(a)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2)(A) (1) by striking Attorney General Secretary of Homeland Security (2) by striking removed, pursuant to a bilateral or multilateral agreement, to removed to 15. Additional immigration judges and ICE prosecutors (a) Executive Office for Immigration Review Subject to the availability of appropriations, in each of fiscal years 2014 through 2016, the Attorney General shall increase by not less than 50 the number of positions for full-time immigration judges within the Executive Office for Immigration Review above the number of such positions for which funds were allotted for fiscal year 2013. (b) Immigration and Customs Enforcement Office of the Principal Legal Advisor Subject to the availability of appropriations, in each of fiscal years 2014 through 2016, the Secretary of Homeland Security shall increase by not less than 60 the number of positions for full-time trial attorneys within the Immigration and Customs Enforcement Office of the Principal Legal Advisor above the number of such positions for which funds were allotted for fiscal year 2013. 16. Prohibition on actions that impede border security on certain Federal land (a) Short title This section may be cited as the National Security and Federal Lands Protection Act (b) Prohibition on Secretaries of the Interior and Agriculture The Secretary of the Interior or the Secretary of Agriculture shall not impede, prohibit, or restrict activities of U.S. Customs and Border Protection on Federal land located within 100 miles of an international land border that is under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, to execute search and rescue operations and to prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through the international land borders of the United States. (c) Authorized activities of U.S. Customs and Border Protection U.S. Customs and Border Protection shall have immediate access to Federal land within 100 miles of the international land border under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for purposes of conducting the following activities on such land that prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through the international land borders of the United States: (1) Construction and maintenance of roads. (2) Construction and maintenance of barriers. (3) Use of vehicles to patrol, apprehend, or rescue. (4) Installation, maintenance, and operation of communications and surveillance equipment and sensors. (5) Deployment of temporary tactical infrastructure. (d) Clarification relating to waiver authority (1) In general Notwithstanding any other provision of law (including any termination date relating to the waiver referred to in this subsection), the waiver by the Secretary of Homeland Security on April 1, 2008, under section 102(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 104–208 (2) Description of laws waived The laws referred to in paragraph (1) are limited to the Wilderness Act ( 16 U.S.C. 1131 et seq. 42 U.S.C. 4321 et seq. 16 U.S.C. 1531 et seq. 16 U.S.C. 470 et seq. Public Law 86–523 Antiquities Act of 1906 16 U.S.C. 431 et seq. 16 U.S.C. 1271 et seq. 43 U.S.C. 1701 et seq. 16 U.S.C. 742a et seq. 16 U.S.C. 661 et seq. Administrative Procedure Act 16 U.S.C. 1 et seq. Public Law 91–383 16 U.S.C. 1a–1 et seq. Public Law 95–625 Public Law 101–628 (e) Protection of legal uses This section shall not be construed to provide— (1) authority to restrict legal uses, such as grazing, hunting, mining, or public-use recreational and backcountry airstrips on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture; or (2) any additional authority to restrict legal access to such land. (f) Effect on State and private land This Act shall— (1) have no force or effect on State or private lands; and (2) not provide authority on or access to State or private lands. (g) Tribal sovereignty Nothing in this section supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes. 17. Minors in custody (a) Minors in Department of Health and Human Services custody Section 235(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(2) (b) Minors in expedited removal proceedings Section 235(b)(1)(B)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B)(ii) asylum. asylum (or may be detained if the alien is an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) 18. Foreign assistance for repatriation (a) Suspension of foreign assistance The Secretary of State shall immediately suspend all foreign assistance, including under United States Agency for International Development programs, the Central American Regional Security Initiative, or the International Narcotic Control Law Enforcement program, to any large sending country that— (1) refuses to negotiate an agreement under section 235(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a)(2) (2) refuses to accept from the United States repatriated unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) (b) Use of foreign assistance for repatriation The Secretary of State shall provide any additional foreign assistance from the United States that such Secretary determines is needed to implement an agreement under section 235(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a)(2) (c) Definition of large sending program For purposes of this section, the term large sending country (1) any country which was the country of nationality or last habitual residence for 1,000 or more unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) (2) any other country which the Secretary of Homeland Security deems appropriate. (d) Effective date This section shall take effect on the date of the enactment of this Act and shall apply with respect to any unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) 19. Reports (a) In general Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Secretary of Health and Human Services, with assistance from the Secretary of Homeland Security, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on efforts to improve repatriation programs for unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) (1) The average time that such a child is detained after apprehension until removal. (2) The number of such children detained improperly beyond the required time periods under paragraphs (2) and (3) of section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) (3) A statement of the funds used to effectuate the repatriation of such children, including any funds that were reallocated from foreign assistance accounts as of the date of the enactment of this Act. (b) Effective date This section shall take effect on the date of the enactment of this Act and shall apply with respect to any unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)

Summary: Asylum Reform and Border Protection Act of 2014 - Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to direct the Secretary of State to negotiate agreements between the United States and other countries for the repatriation of children. Requires that such agreements protect children from severe forms of trafficking in persons and provide for their safe removal and repatriation. (Current law provides separate procedures for unaccompanied alien children from countries that are or are not contiguous to the United States.) Subjects all children who do not make a claim of asylum or fear of persecution to initial screening and expedited removal. (Maintains the exception for Cuban children arriving by air.) Prohibits the government from bearing any expense of counsel for any person in a removal or related appeal proceedings. Adds an additional requirement in order to establish a credible fear of persecution claim in an asylum interview. Limits humanitarian and public interest parole authority. Prohibits the Secretary of Homeland Security (DHS) from using parole authority for an alien who is ineligible for refugee status. Authorizes the DHS Secretary to designate groups as criminal street gangs. Requires detention for anyone found inadmissible or deportable for criminal street gang membership. Bars individuals found inadmissible or deportable for such membership from asylum, temporary protected status, or special immigrant juvenile status. Amends the Homeland Security Act of 2002 to revise the definition of "unaccompanied alien child." Prohibits an unaccompanied alien child (UAC) from applying for asylum if such child: (1) may be removed to a safe third country, or (2) has not applied for asylum within one year after arrival in the United States. Provides for additional immigration judges and U.S. Immigration and Customs Enforcement (ICE) attorneys. National Security and Federal Lands Protection Act - Prohibits the Secretary of the Interior or the Secretary of Agriculture (USDA) from restricting specified U.S. Customs and Border Protection (CBP) activities on federal land within 100 miles of an international land border to: (1) execute search and rescue operations, and (2) prevent unlawful U.S. entries through the international land borders of the United States. Directs the Secretary of State to suspend all foreign assistance to certain countries that refuse to: (1) negotiate a child repatriation agreement, or (2) accept from the United States repatriated unaccompanied alien children who are nationals or residents of the sending country. Permits the use of foreign assistance for repatriation and reintegration purposes.