104 
country of nationality or last habitual residence 
and prior to arrival in or entry into the United 
States. 
‘‘(2) BURDEN OF PROOF.—If an immigration 
judge determines that an alien has firmly resettled 
in another country under paragraph (1), the alien 
shall bear the burden of proving the bar does not 
apply. 
‘‘(3) FIRM
RESETTLEMENT
OF
PARENT.—An 
alien shall be presumed to have been firmly resettled 
in another country if the alien’s parent was firmly 
resettled in another country, the parent’s resettle-
ment occurred before the alien turned 18 years of 
age, and the alien resided with such parent at the 
time of the firm resettlement, unless the alien estab-
lishes that he or she could not have derived any per-
manent legal immigration status or any non-perma-
nent but indefinitely renewable legal immigration 
status (including asylum, refugee, or similar status, 
but excluding status of a tourist) from the alien’s 
parent.’’. 
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105 
SEC. 109. NOTICE CONCERNING FRIVOLOUS ASYLUM AP-
PLICATIONS. 
(a) IN GENERAL.—Section 208(d)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 
amended— 
(1) in the matter preceding subparagraph (A), 
by inserting ‘‘the Secretary of Homeland Security 
or’’ before ‘‘the Attorney General’’; 
(2) in subparagraph (A), by striking ‘‘and of 
the consequences, under paragraph (6), of knowingly 
filing a frivolous application for asylum; and’’ and 
inserting a semicolon; 
(3) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) ensure that a written warning ap-
pears on the asylum application advising the 
alien of the consequences of filing a frivolous 
application and serving as notice to the alien of 
the consequence of filing a frivolous applica-
tion.’’. 
(b) CONFORMING AMENDMENT.—Section 208(d)(6) 
of the Immigration and Nationality Act (8 U.S.C. 
1158(d)(6)) is amended by striking ‘‘If the’’ and all that 
follows and inserting: 
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106 
‘‘(A) IN
GENERAL.—If the Secretary of 
Homeland Security or the Attorney General de-
termines that an alien has knowingly made a 
frivolous application for asylum and the alien 
has received the notice under paragraph (4)(C), 
the alien shall be permanently ineligible for any 
benefits under this chapter, effective as the date 
of the final determination of such an applica-
tion. 
‘‘(B) CRITERIA.—An application is frivo-
lous if the Secretary of Homeland Security or 
the Attorney General determines, consistent 
with subparagraph (C), that— 
‘‘(i) it is so insufficient in substance 
that it is clear that the applicant know-
ingly filed the application solely or in part 
to delay removal from the United States, 
to seek employment authorization as an 
applicant for asylum pursuant to regula-
tions issued pursuant to paragraph (2), or 
to seek issuance of a Notice to Appear in 
order to pursue Cancellation of Removal 
under section 240A(b); or 
‘‘(ii) any of the material elements are 
knowingly fabricated. 
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107 
‘‘(C) SUFFICIENT OPPORTUNITY TO CLAR-
IFY.—In determining that an application is friv-
olous, the Secretary or the Attorney General, 
must be satisfied that the applicant, during the 
course of the proceedings, has had sufficient op-
portunity to clarify any discrepancies or implau-
sible aspects of the claim. 
‘‘(D) WITHHOLDING
OF
REMOVAL
NOT 
PRECLUDED.—For purposes of this section, a 
finding that an alien filed a frivolous asylum 
application shall not preclude the alien from 
seeking withholding of removal under section 
241(b)(3) or protection pursuant to the Con-
vention Against Torture.’’. 
SEC. 110. TECHNICAL AMENDMENTS. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(D), by inserting 
‘‘Secretary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(B) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; 
(2) in subsection (c)— 
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108 
(A) in paragraph (1), by striking ‘‘Attor-
ney General’’ each place such term appears and 
inserting ‘‘Secretary of Homeland Security’’; 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(C) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(3) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’ each place such term ap-
pears; and 
(B) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(ii) in subparagraph (B), by inserting 
‘‘Secretary of Homeland Security or the’’ 
before ‘‘Attorney General’’. 
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109 
SEC. 111. REQUIREMENT FOR PROCEDURES RELATING TO 
CERTAIN ASYLUM APPLICATIONS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Attorney General 
shall establish procedures to expedite the adjudication of 
asylum applications for aliens— 
(1) who are subject to removal proceedings 
under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a); and 
(2) who are nationals of a Western Hemisphere 
country sanctioned by the United States, as de-
scribed in subsection (b), as of January 1, 2024. 
(b) WESTERN HEMISPHERE COUNTRY SANCTIONED 
BY THE UNITED STATES DESCRIBED.—Subsection (a) 
shall apply only to an asylum application filed by an alien 
who is a national of a Western Hemisphere country sub-
ject to sanctions pursuant to— 
(1) the Cuban Liberty and Democratic Soli-
darity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 
note); 
(2) the Reinforcing Nicaragua’s Adherence to 
Conditions for Electoral Reform Act of 2021 or the 
RENACER Act (50 U.S.C. 1701 note); or 
(3) Executive Order 13692 (80 Fed. Reg. 
12747; declaring a national emergency with respect 
to the situation in Venezuela). 
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110 
(c) APPLICABILITY.—This section shall only apply to 
an alien who files an application for asylum after the date 
of the enactment of this Act. 
TITLE II—BORDER SAFETY AND 
MIGRANT PROTECTION 
SEC. 201. INSPECTION OF APPLICANTS FOR ADMISSION. 
Section 235 of the Immigration and Nationality Act 
(8 U.S.C. 1225) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) in clauses (i) and (ii), by 
striking ‘‘section 212(a)(6)(C)’’ in-
serting ‘‘subparagraph (A) or (C) of 
section 212(a)(6)’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(iv) INELIGIBILITY
FOR
PAROLE.— 
An alien described in clause (i) or (ii) shall 
not be eligible for parole except as ex-
pressly authorized pursuant to section 
212(d)(5), or for parole or release pursu-
ant to section 236(a).’’; and 
(ii) in subparagraph (B)— 
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111 
(I) in clause (ii), by striking 
‘‘asylum.’’ and inserting ‘‘asylum and 
shall not be released (including pursu-
ant to parole or release pursuant to 
section 236(a) but excluding as ex-
pressly authorized pursuant to section 
212(d)(5)) other than to be removed 
or returned to a country as described 
in paragraph (3).’’; and 
(II) in clause (iii)(IV)— 
(aa) in the header by strik-
ing ‘‘DETENTION’’ and inserting 
‘‘DETENTION, RETURN, OR
RE-
MOVAL’’; and 
(bb) by adding at the end 
the following: ‘‘The alien shall 
not be released (including pursu-
ant to parole or release pursuant 
to section 236(a) but excluding 
as expressly authorized pursuant 
to section 212(d)(5)) other than 
to be removed or returned to a 
country as described in para-
graph (3).’’; 
(B) in paragraph (2)— 
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112 
(i) in subparagraph (A)— 
(I) by striking ‘‘Subject to sub-
paragraphs (B) and (C),’’ and insert-
ing ‘‘Subject to subparagraph (B) and 
paragraph (3),’’; and 
(II) by adding at the end the fol-
lowing: ‘‘The alien shall not be re-
leased (including pursuant to parole 
or release pursuant to section 236(a) 
but excluding as expressly authorized 
pursuant to section 212(d)(5)) other 
than to be removed or returned to a 
country as described in paragraph 
(3).’’; and 
(ii) by striking subparagraph (C); 
(C) by redesignating paragraph (3) as 
paragraph (5); and 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) RETURN TO FOREIGN TERRITORY CONTIG-
UOUS TO THE UNITED STATES.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may return to a foreign ter-
ritory contiguous to the United States any alien 
arriving on land from that territory (whether or 
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113 
not at a designated port of entry) pending a 
proceeding under section 240 or review of a de-
termination under subsection (b)(1)(B)(iii)(III). 
‘‘(B) MANDATORY
RETURN.—If at any 
time the Secretary of Homeland Security can-
not— 
‘‘(i) comply with its obligations to de-
tain an alien as required under clauses (ii) 
and (iii)(IV) of subsection (b)(1)(B) and 
subsection (b)(2)(A); or 
‘‘(ii) remove an alien to a country de-
scribed in section 208(a)(2)(A), 
the Secretary of Homeland Security shall, with-
out exception, including pursuant to parole or 
release pursuant to section 236(a) but exclud-
ing as expressly authorized pursuant to section 
212(d)(5), return to a foreign territory contig-
uous to the United States any alien arriving on 
land from that territory (whether or not at a 
designated port of entry) pending a proceeding 
under section 240 or review of a determination 
under subsection (b)(1)(B)(iii)(III). 
‘‘(4) ENFORCEMENT
BY
STATE
ATTORNEYS 
GENERAL.—The attorney general of a State, or 
other authorized State officer, alleging a violation of 
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114 
the detention, return, or removal requirements under 
paragraph (1), (2), or (3) that affects such State or 
its residents, may bring an action against the Sec-
retary of Homeland Security on behalf of the resi-
dents of the State in an appropriate United States 
district court to obtain appropriate injunctive re-
lief.’’; and 
(2) by adding at the end the following: 
‘‘(e) AUTHORITY TO PROHIBIT INTRODUCTION OF 
CERTAIN ALIENS.—If the Secretary of Homeland Security 
determines, in his discretion, that the prohibition of the 
introduction of aliens who are inadmissible under subpara-
graph (A) or (C) of section 212(a)(6) or under section 
212(a)(7) at an international land or maritime border of 
the United States is necessary to achieve operational con-
trol (as defined in section 2 of the Secure Fence Act of 
2006 (8 U.S.C. 1701 note)) of such border, the Secretary 
may prohibit, in whole or in part, the introduction of such 
aliens at such border for such period of time as the Sec-
retary determines is necessary for such purpose.’’. 
SEC. 202. OPERATIONAL DETENTION FACILITIES. 
(a) IN GENERAL.—Not later than September 30, 
2025, the Secretary of Homeland Security shall take all 
necessary actions to reopen or restore all U.S. Immigra-
tion and Customs Enforcement detention facilities that 
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115 
were in operation on January 20, 2021, that subsequently 
closed or with respect to which the use was altered, re-
duced, or discontinued after January 20, 2021. In car-
rying out the requirement under this subsection, the Sec-
retary may use the authority under section 103(a)(11) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1103(a)(11)). 
(b) SPECIFIC FACILITIES.—The requirement under 
subsection (a) shall include at a minimum, reopening, or 
restoring, the following facilities: 
(1) Irwin County Detention Center in Georgia. 
(2) C. Carlos Carreiro Immigration Detention 
Center in Bristol County, Massachusetts. 
(3) Etowah County Detention Center in Gads-
den, Alabama. 
(4) Glades County Detention Center in Moore 
Haven, Florida. 
(5) South Texas Family Residential Center. 
(c) EXCEPTION.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary of Homeland Se-
curity is authorized to obtain equivalent capacity for 
detention facilities at locations other than those list-
ed in subsection (b). 
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116 
(2) LIMITATION.—The Secretary may not take 
action under paragraph (1) unless the capacity ob-
tained would result in a reduction of time and cost 
relative to the cost and time otherwise required to 
obtain such capacity. 
(3) SOUTH TEXAS FAMILY RESIDENTIAL CEN-
TER.—The exception under paragraph (1) shall not 
apply to the South Texas Family Residential Center. 
The Secretary shall take all necessary steps to mod-
ify and operate the South Texas Family Residential 
Center in the same manner and capability it was op-
erating on January 20, 2021. 
(d) PERIODIC REPORT.—Not later than 90 days after 
the date of the enactment of this Act, and every 90 days 
thereafter until September 30, 2027, the Secretary of 
Homeland Security shall submit to the appropriate con-
gressional committees a detailed plan for and a status re-
port on— 
(1) compliance with the deadline under sub-
section (a); 
(2) the increase in detention capabilities re-
quired by this section— 
(A) for the 90 day period immediately pre-
ceding the date such report is submitted; and 
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(B) for the period beginning on the first 
day of the fiscal year during which the report 
is submitted, and ending on the date such re-
port is submitted; 
(3) the number of detention beds that were 
used and the number of available detention beds 
that were not used during— 
(A) the 90 day period immediately pre-
ceding the date such report is submitted; and 
(B) the period beginning on the first day 
of the fiscal year during which the report is 
submitted, and ending on the date such report 
is submitted; 
(4) the number of aliens released due to a lack 
of available detention beds; and 
(5) the resources the Department of Homeland 
Security needs in order to comply with the require-
ments under this section. 
(e) NOTIFICATION.—The Secretary of Homeland Se-
curity shall notify Congress, and include with such notifi-
cation a detailed description of the resources the Depart-
ment of Homeland Security needs in order to detain all 
aliens whose detention is mandatory or nondiscretionary 
under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.)— 
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118 
(1) not later than 5 days after all U.S. Immi-
gration and Customs Enforcement detention facili-
ties reach 90 percent of capacity; 
(2) not later than 5 days after all U.S. Immi-
gration and Customs Enforcement detention facili-
ties reach 95 percent of capacity; and 
(3) not later than 5 days after all U.S. Immi-
gration and Customs Enforcement detention facili-
ties reach full capacity. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means— 
(1) the Committee on the Judiciary of the 
House of Representatives; 
(2) the Committee on Appropriations of the 
House of Representatives; 
(3) the Committee on the Judiciary of the Sen-
ate; and 
(4) the Committee on Appropriations of the 
Senate. 
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119 
TITLE III—PREVENTING UNCON-
TROLLED MIGRATION FLOWS 
IN 
THE 
WESTERN 
HEMI-
SPHERE 
SEC. 301. UNITED STATES POLICY REGARDING WESTERN 
HEMISPHERE COOPERATION ON IMMIGRA-
TION AND ASYLUM. 
It is the policy of the United States to enter into 
agreements, accords, and memoranda of understanding 
with countries in the Western Hemisphere, the purposes 
of which are to advance the interests of the United States 
by reducing costs associated with illegal immigration and 
to protect the human capital, societal traditions, and eco-
nomic growth of other countries in the Western Hemi-
sphere. It is further the policy of the United States to 
ensure that humanitarian and development assistance 
funding aimed at reducing illegal immigration is not ex-
pended on programs that have not proven to reduce illegal 
immigrant flows in the aggregate. 
SEC. 302. NEGOTIATIONS BY SECRETARY OF STATE. 
(a) AUTHORIZATION TO NEGOTIATE.—The Secretary 
of State shall seek to negotiate agreements, accords, and 
memoranda of understanding between the United States, 
Mexico, Honduras, El Salvador, Guatemala, and other 
countries in the Western Hemisphere with respect to co-
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120 
operation and burden sharing required for effective re-
gional immigration enforcement, expediting legal claims by 
aliens for asylum, and the processing, detention, and repa-
triation of foreign nationals seeking to enter the United 
States unlawfully. Such agreements shall be designed to 
facilitate a regional approach to immigration enforcement 
and shall, at a minimum, provide that— 
(1) the Government of Mexico authorize and ac-
cept the rapid entrance into Mexico of nationals of 
countries other than Mexico who seek asylum in 
Mexico, and process the asylum claims of such na-
tionals inside Mexico, in accordance with both do-
mestic law and international treaties and conven-
tions governing the processing of asylum claims; 
(2) the Government of Mexico authorize and ac-
cept both the rapid entrance into Mexico of all na-
tionals of countries other than Mexico who are ineli-
gible for asylum in Mexico and wish to apply for 
asylum in the United States, whether or not at a 
port of entry, and the continued presence of such 
nationals in Mexico while they wait for the adjudica-
tion of their asylum claims to conclude in the United 
States; 
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121 
(3) the Government of Mexico commit to pro-
vide the individuals described in paragraphs (1) and 
(2) with appropriate humanitarian protections; 
(4) the Government of Honduras, the Govern-
ment of El Salvador, and the Government of Guate-
mala each authorize and accept the entrance into 
the respective countries of nationals of other coun-
tries seeking asylum in the applicable such country 
and process such claims in accordance with applica-
ble domestic law and international treaties and con-
ventions governing the processing of asylum claims; 
(5) the Government of the United States com-
mit to work to accelerate the adjudication of asylum 
claims and to conclude removal proceedings in the 
wake of asylum adjudications as expeditiously as 
possible; 
(6) the Government of the United States com-
mit to continue to assist the governments of coun-
tries in the Western Hemisphere, such as the Gov-
ernment of Honduras, the Government of El Sal-
vador, and the Government of Guatemala, by sup-
porting the enhancement of asylum capacity in those 
countries; and 
(7) the Government of the United States com-
mit to monitoring developments in hemispheric im-
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122 
migration trends and regional asylum capabilities to 
determine whether additional asylum cooperation 
agreements are warranted. 
(b) NOTIFICATION IN ACCORDANCE WITH CASE-ZA-
BLOCKI ACT.—The Secretary of State shall, in accordance 
with section 112b of title 1, United States Code, promptly 
inform the relevant congressional committees of each 
agreement entered into pursuant to subsection (a). Such 
notifications shall be submitted not later than 48 hours 
after such agreements are signed. 
(c) ALIEN DEFINED.—In this section, the term 
‘‘alien’’ has the meaning given such term in section 101 
of the Immigration and Nationality Act (8 U.S.C. 1101). 
SEC. 303. MANDATORY BRIEFINGS ON UNITED STATES EF-
FORTS TO ADDRESS THE BORDER CRISIS. 
(a) BRIEFING REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, and not less 
frequently than once every 90 days thereafter until the 
date described in subsection (b), the Secretary of State, 
or the designee of the Secretary of State, shall provide 
to the appropriate congressional committees an in-person 
briefing on efforts undertaken pursuant to the negotiation 
authority provided by section 302 of this title to monitor, 
deter, and prevent illegal immigration to the United 
States, including by entering into agreements, accords, 
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123 
and memoranda of understanding with foreign countries 
and by using United States foreign assistance to stem the 
root causes of migration in the Western Hemisphere. 
(b) TERMINATION OF MANDATORY BRIEFING.—The 
date described in this subsection is the date on which the 
Secretary of State, in consultation with the heads of other 
relevant Federal departments and agencies, determines 
and certifies to the appropriate congressional committees 
that illegal immigration flows have subsided to a manage-
able rate. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the Committee on Foreign Af-
fairs of the House of Representatives and the Committee 
on Foreign Relations of the Senate. 
TITLE IV—ENSURING UNITED 
FAMILIES AT THE BORDER 
SEC. 401. CLARIFICATION OF STANDARDS FOR FAMILY DE-
TENTION. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended by adding at 
the end the following: 
‘‘(j) CONSTRUCTION.— 
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124 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, judicial determination, consent de-
cree, or settlement agreement, the detention of any 
alien child who is not an unaccompanied alien child 
shall be governed by sections 217, 235, 236, and 
241 of the Immigration and Nationality Act (8 
U.S.C. 1187, 1225, 1226, and 1231). There is no 
presumption that an alien child who is not an unac-
companied alien child should not be detained. 
‘‘(2) FAMILY
DETENTION.—The Secretary of 
Homeland Security shall— 
‘‘(A) maintain the care and custody of an 
alien, during the period during which the 
charges described in clause (i) are pending, 
who— 
‘‘(i) is charged only with a mis-
demeanor offense under section 275(a) of 
the Immigration and Nationality Act (8 
U.S.C. 1325(a)); and 
‘‘(ii) entered the United States with 
the alien’s child who has not attained 18 
years of age; and 
‘‘(B) detain the alien with the alien’s 
child.’’. 
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125 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the amendments in this section to section 235 
of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 (8 U.S.C. 1232) are intended 
to satisfy the requirements of the Settlement Agreement 
in Flores v. Meese, No. 85–4544 (C.D. Cal), as approved 
by the court on January 28, 1997, with respect to its in-
terpretation in Flores v. Johnson, 212 F. Supp. 3d 864 
(C.D. Cal. 2015), that the agreement applies to accom-
panied minors. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to all actions that occur 
before, on, or after such date. 
(d) PREEMPTION OF STATE LICENSING REQUIRE-
MENTS.—Notwithstanding any other provision of law, ju-
dicial determination, consent decree, or settlement agree-
ment, no State may require that an immigration detention 
facility used to detain children who have not attained 18 
years of age, or families consisting of one or more of such 
children and the parents or legal guardians of such chil-
dren, that is located in that State, be licensed by the State 
or any political subdivision thereof. 
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TITLE V—PROTECTION OF 
CHILDREN 
SEC. 501. FINDINGS. 
Congress makes the following findings: 
(1) Implementation of the provisions of the 
Trafficking Victims Protection Reauthorization Act 
of 2008 that govern unaccompanied alien children 
has incentivized multiple surges of unaccompanied 
alien children arriving at the southwest border in the 
years since the bill’s enactment. 
(2) The provisions of the Trafficking Victims 
Protection Reauthorization Act of 2008 that govern 
unaccompanied alien children treat unaccompanied 
alien children from countries that are contiguous to 
the United States disparately by swiftly returning 
them to their home country absent indications of 
trafficking or a credible fear of return, but allowing 
for the release of unaccompanied alien children from 
noncontiguous countries into the interior of the 
United States, often to those individuals who paid to 
smuggle them into the country in the first place. 
(3) The provisions of the Trafficking Victims 
Protection Reauthorization Act of 2008 governing 
unaccompanied alien children have enriched the car-
tels, who profit hundreds of millions of dollars each 
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year by smuggling unaccompanied alien children to 
the southwest border, exploiting and sexually abus-
ing many such unaccompanied alien children on the 
perilous journey. 
(4) Prior to 2008, the number of unaccom-
panied alien children encountered at the southwest 
border never exceeded 1,000 in a single year. 
(5) The United States is currently in the midst 
of the worst crisis of unaccompanied alien children 
in our nation’s history, with over 350,000 such un-
accompanied alien children encountered at the 
southwest border since Joe Biden became President. 
(6) In 2022, during the Biden Administration, 
152,057 unaccompanied alien children were encoun-
tered, the most ever in a single year and an over 
400 percent increase compared to the last full fiscal 
year of the Trump Administration in which 33,239 
unaccompanied alien children were encountered. 
(7) The Biden Administration has lost contact 
with at least 85,000 unaccompanied alien children 
who entered the United States since Joe Biden took 
office. 
(8) The Biden Administration dismantled effec-
tive safeguards put in place by the Trump Adminis-
tration that protected unaccompanied alien children 
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from being abused by criminals or exploited for ille-
gal and dangerous child labor. 
(9) A recent New York Times investigation 
found that unaccompanied alien children are being 
exploited in the labor market and ‘‘are ending up in 
some of the most punishing jobs in the country.’’. 
(10) The Times investigation found unaccom-
panied alien children, ‘‘under intense pressure to 
earn money’’ in order to ‘‘send cash back to their 
families while often being in debt to their sponsors 
for smuggling fees, rent, and living expenses,’’ 
feared ‘‘that they had become trapped in cir-
cumstances they never could have imagined.’’. 
(11) The Biden Administration’s Department of 
Health and Human Services Secretary Xavier 
Becerra compared placing unaccompanied alien chil-
dren with sponsors, to widgets in an assembly line, 
stating that, ‘‘If Henry Ford had seen this in his 
plant, he would have never become famous and rich. 
This is not the way you do an assembly line.’’. 
(12) Department of Health and Human Serv-
ices employees working under Secretary Xavier 
Becerra’s leadership penned a July 2021 memo-
randum expressing serious concern that ‘‘labor traf-
ficking was increasing’’ and that the agency had be-
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come ‘‘one that rewards individuals for making quick 
releases, and not one that rewards individuals for 
preventing unsafe releases.’’. 
(13) Despite this, Secretary Xavier Becerra 
pressured then-Director of the Office of Refugee Re-
settlement Cindy Huang to prioritize releases of un-
accompanied alien children over ensuring their safe-
ty, telling her ‘‘if she could not increase the number 
of discharges he would find someone who could’’ and 
then-Director Huang resigned one month later. 
(14) In June 2014, the Obama-Biden Adminis-
tration requested legal authority to exercise discre-
tion in returning and removing unaccompanied alien 
children from non-contiguous countries back to their 
home countries. 
(15) In August 2014, the House of Representa-
tives passed H.R. 5320, which included the Protec-
tion of Children Act. 
(16) This title ends the disparate policies of the 
Trafficking Victims Protection Reauthorization Act 
of 2008 by ensuring the swift return of all unaccom-
panied alien children to their country of origin if 
they are not victims of trafficking and do not have 
a fear of return. 
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130 
SEC. 502. REPATRIATION OF UNACCOMPANIED ALIEN CHIL-
DREN. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended— 
(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’’ at the end; 
(III) in clause (ii), by striking ‘‘; 
and’’ and inserting a period; and 
(IV) by striking clause (iii); and 
(iii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i), by striking ‘‘(8 U.S.C. 1101 et 
seq.) 
may—’’ 
and 
inserting 
‘‘(8 
U.S.C. 1101 et seq.)—’’; 
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(II) in clause (i), by inserting be-
fore ‘‘permit such child to withdraw’’ 
the following: ‘‘may’’; and 
(III) in clause (ii), by inserting 
before ‘‘return such child’’ the fol-
lowing: ‘‘shall’’; and 
(B) in paragraph (5)(D)— 
(i) in the matter preceding clause (i), 
by striking ‘‘, except for an unaccompanied 
alien child from a contiguous country sub-
ject to exceptions under subsection (a)(2),’’ 
and inserting ‘‘who does not meet the cri-
teria listed in paragraph (2)(A)’’; and 
(ii) in clause (i), by inserting before 
the semicolon at the end the following: ‘‘, 
which shall include a hearing before an im-
migration 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 
before the semicolon the following: ‘‘be-
lieved not to meet the criteria listed in sub-
section (a)(2)(A)’’; and 
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(ii) in subparagraph (B), by inserting 
before the period the following: ‘‘and does 
not meet the criteria listed in subsection 
(a)(2)(A)’’; and 
(B) in paragraph (3), by striking ‘‘an un-
accompanied alien child in custody shall’’ and 
all that follows, and inserting the following: ‘‘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 a child who meets the 
criteria listed in subsection (a)(2)(A), may 
transfer the custody of such child to the Sec-
retary of Health and Human Services after de-
termining 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: 
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