(D) in subparagraph (3)(A), by inserting 
‘‘or section 235B’’ after ‘‘section 235(b)’’. 
SEC. 103. DUE PROCESS PROTECTIONS FOR UNACCOM-
PANIED ALIEN CHILDREN PRESENT IN THE 
UNITED STATES. 
(a) SPECIAL MOTIONS FOR UNACCOMPANIED ALIEN 
CHILDREN.— 
(1) FILING
AUTHORIZED.—Beginning on the 
date that is 60 days after the date of the enactment 
of this Act, the Secretary of Homeland Security, 
notwithstanding any other provision of law, may, at 
the sole and unreviewable discretion of the Sec-
retary, permit an unaccompanied alien child who 
was issued a Notice to Appear under section 239 of 
the Immigration and Nationality Act (8 U.S.C. 
1229) during the period beginning on January 1, 
2013, and ending on the date of the enactment of 
this Act— 
(A) to appear, in-person, before an immi-
gration judge who has been authorized by the 
Attorney General to conduct proceedings under 
section 235B of the Immigration and Nation-
ality Act, as added by section 102; 
(B) to attest to their desire to apply for 
admission to the United States; and 
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(C) to file a motion— 
(i) to expunge— 
(I) any final order of removal 
issued against them between January 
1, 2013, and the date of the enact-
ment of this Act under section 240 of 
the Immigration and Nationality Act 
(8 U.S.C. 1229a); or 
(II) any Notice to Appear issued 
between January 1, 2013, and the 
date of the enactment of this Act 
under section 239 of the Immigration 
and Nationality Act (8 U.S.C. 1229); 
and 
(ii) to apply for admission to the 
United States by being placed in pro-
ceedings under section 235B of the Immi-
gration and Nationality Act. 
(2) MOTION GRANTED.—An immigration judge 
may, at the sole and unreviewable discretion of the 
judge, grant a motion filed under paragraph (1)(C) 
upon a finding that— 
(A) the petitioner was an unaccompanied 
alien child (as defined in section 235 of the Wil-
liam Wilberforce Trafficking Victims Protection 
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Act of 2008 (8 U.S.C. 1232)) on the date on 
which a Notice to Appear described in para-
graph (1) was issued to the alien; 
(B) the Notice to Appear was issued dur-
ing the period beginning on January 1, 2013, 
and ending on the date of the enactment of this 
Act; 
(C) the unaccompanied alien child is apply-
ing for admission to the United States; and 
(D) the granting of such motion would not 
be manifestly unjust. 
(3) EFFECT OF MOTION.—Notwithstanding any 
other provision of law, upon the granting of a mo-
tion to expunge under paragraph (2)— 
(A) the Secretary of Homeland Security 
shall immediately expunge any final order of re-
moval resulting from a proceeding initiated by 
any Notice to Appear described in paragraph 
(1), and such Notice to Appear; and 
(B) the immigration judge who granted 
such motion shall, while the petitioner remains 
in-person, immediately inspect and screen the 
petitioner for admission to the United States by 
conducting a proceeding under section 235B of 
the Immigration and Nationality Act. 
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(4) PROTECTIVE CUSTODY.—An unaccompanied 
alien child who has been granted a motion under 
paragraph (2) shall be held in the custody of the 
Secretary of Health and Human Services pursuant 
to section 235 of the William Wilberforce Traf-
ficking Victims Protection Reauthorization Act of 
2008 (8 U.S.C. 1232). 
SEC. 104. EMERGENCY IMMIGRATION JUDGE RESOURCES. 
(a) DESIGNATION.—Not later than 14 days after the 
date of the enactment of this Act, the Attorney General 
shall designate up to 40 immigration judges, including 
through the hiring of retired immigration judges or mag-
istrate judges, or the reassignment of current immigration 
judges, that are dedicated to conducting humane and ex-
pedited inspection and screening for unaccompanied alien 
children under section 235B of the Immigration and Na-
tionality Act, as added by section 102. 
(b) REQUIREMENT.—The Attorney General shall en-
sure that sufficient immigration judge resources are dedi-
cated to the purpose described in subsection (a) to comply 
with the requirement under section 235B(b)(1) of the Im-
migration and Nationality Act. 
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SEC. 105. PROTECTING CHILDREN FROM HUMAN TRAF-
FICKERS, 
SEX 
OFFENDERS, 
AND 
OTHER 
CRIMINALS. 
Section 235(c)(3) of the William Wilberforce Traf-
ficking Victims Protection Reauthorization Act of 2008 (8 
U.S.C. 1232(c)(3)) is amended— 
(1) in subparagraph (A), by inserting ‘‘, includ-
ing a mandatory biometric criminal history check’’ 
before the period at the end; and 
(2) by adding at the end the following— 
‘‘(D) PROHIBITION ON PLACEMENT WITH 
SEX OFFENDERS AND HUMAN TRAFFICKERS.— 
‘‘(i) IN GENERAL.—The Secretary of 
Health and Human Services may not place 
an unaccompanied alien child in the cus-
tody of an individual who has been con-
victed of— 
‘‘(I) a sex offense (as defined in 
section 111 of the Sex Offender Reg-
istration and Notification Act (42 
U.S.C. 16911)); or 
‘‘(II) a crime involving a severe 
form of trafficking in persons (as de-
fined in section 103 of the Trafficking 
Victims Protection Act of 2000 (22 
U.S.C. 7102)). 
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‘‘(ii) REQUIREMENTS
OF
CRIMINAL 
BACKGROUND CHECK.—A biometric crimi-
nal history check under subparagraph (A) 
shall be based on a set of fingerprints or 
other biometric identifiers and conducted 
through— 
‘‘(I) the Identification Division of 
the Federal Bureau of Investigation; 
and 
‘‘(II) criminal history repositories 
of all States that the individual lists 
as current or former residences.’’. 
TITLE II—BORDER SECURITY 
AND TRADE FACILITATION 
SEC. 201. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
(B) the Committee on Homeland Security 
of the House of Representatives. 
(2) 
COCAINE
REMOVAL
EFFECTIVENESS 
RATE.—The term ‘‘cocaine removal effectiveness 
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rate’’ means the percentage that results from divid-
ing the amount of cocaine removed by the Depart-
ment of Homeland Security’s maritime security com-
ponents inside or outside a transit zone, as the case 
may be, by the total documented cocaine flow rate 
as contained in Federal drug databases. 
(3) CONSEQUENCE
DELIVERY
SYSTEM.—The 
term ‘‘Consequence Delivery System’’ means the se-
ries of consequences applied to persons illegally en-
tering the United States by the Border Patrol to 
prevent illegal border crossing recidivism. 
(4) GOT AWAY.—The term ‘‘got away’’ means 
an illegal border crosser who, after making an illegal 
entry into the United States, is not turned back or 
apprehended. 
(5) HIGH
TRAFFIC
AREAS.—The term ‘‘high 
traffic areas’’ means sectors along the northern and 
southern borders of the United States that are with-
in the responsibility of the Border Patrol that have 
the most illicit cross-border activity, informed 
through situational awareness. 
(6) ILLEGAL
BORDER
CROSSING
EFFECTIVE-
NESS RATE.—The term ‘‘illegal border crossing ef-
fectiveness rate’’ means the percentage that results 
from dividing the number of apprehensions and turn 
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backs by the number of apprehensions, turn backs, 
and got aways. The data used by the Secretary of 
Homeland Security to determine such rate shall be 
collected and reported in a consistent and standard-
ized manner across all Border Patrol sectors. 
(7) MAJOR VIOLATOR.—The term ‘‘major viola-
tor’’ means a person or entity that has engaged in 
serious criminal activities at any land, air, or sea 
port of entry, including possession of illicit drugs, 
smuggling of prohibited products, human smuggling, 
weapons possession, use of fraudulent United States 
documents, or other offenses serious enough to re-
sult in arrest. 
(8) OPERATIONAL CONTROL.—The term ‘‘oper-
ational control’’ means a condition in which there is 
a not lower than 90 percent illegal border crossing 
effectiveness rate, informed by situational awareness, 
and a significant reduction in the movement of illicit 
drugs and other contraband through such areas is 
being achieved. 
(9) SITUATIONAL AWARENESS.—The term ‘‘sit-
uational awareness’’ means knowledge and an under-
standing of current illicit cross-border activity, in-
cluding cross-border threats and trends concerning 
illicit trafficking and unlawful crossings along the 
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international borders of the United States and in the 
maritime environment, and the ability to forecast fu-
ture shifts in such threats and trends. 
(10) TRANSIT ZONE.—The term ‘‘transit zone’’ 
means the sea corridors of the western Atlantic 
Ocean, the Gulf of Mexico, the Caribbean Sea, and 
the eastern Pacific Ocean through which undocu-
mented migrants and illicit drugs transit, either di-
rectly or indirectly, to the United States. 
(11) TURN
BACK.—The term ‘‘turn back’’ 
means an illegal border crosser who, after making 
an illegal entry into the United States, returns to 
the country from which such crosser entered. 
SEC. 202. BORDER SECURITY RESULTS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, every 180 days there-
after until the Comptroller General of the United States 
reports on the results of the review described in section 
203(k)(2)(B), and annually after the date of such report, 
the Secretary of Homeland Security shall submit a report 
to the appropriate congressional committees and the Gov-
ernment Accountability Office that— 
(1) assesses and describes the state of situa-
tional awareness and operational control; and 
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(2) identifies the high traffic areas and the ille-
gal border crossing effectiveness rate for each sector 
along the northern and southern borders of the 
United States that are within the responsibility of 
the Border Patrol. 
(b) GAO REPORT.—Not later than 90 days after re-
ceiving the initial report required under subsection (a), the 
Comptroller General of the United States shall submit a 
report to the appropriate congressional committees re-
garding the verification of the data and methodology used 
to determine high traffic areas and the illegal border 
crossing effectiveness rate. 
SEC. 203. STRATEGY TO ACHIEVE SITUATIONAL AWARE-
NESS AND OPERATIONAL CONTROL OF THE 
BORDER. 
(a) STRATEGY TO SECURE THE BORDER.—Not later 
than 180 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall submit, to the 
appropriate congressional committees, a comprehensive 
strategy for— 
(1) gaining and maintaining situational aware-
ness and operational control of high traffic areas not 
later than 2 years after the date of the submission 
of the implementation plan required under sub-
section (c); and 
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(2) gaining and maintaining operational control 
along the Southwest border of the United States not 
later than 5 years after such date of submission. 
(b) CONTENTS
OF STRATEGY.—The strategy re-
quired under subsection (a) shall include a consideration 
of the following: 
(1) An assessment of principal border security 
threats, including threats relating to the smuggling 
and trafficking of humans, weapons, and illicit 
drugs. 
(2) Efforts to analyze and disseminate border 
security and border threat information between the 
border security components of the Department of 
Homeland Security and with other appropriate Fed-
eral departments and agencies with missions associ-
ated with the border. 
(3) Efforts to increase situational awareness, in 
accordance with privacy, civil liberties, and civil 
rights protections, including— 
(A) surveillance capabilities developed or 
utilized by the Department of Defense, includ-
ing any technology determined to be excess by 
the Department of Defense; and 
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