SEC. 202. Notwithstanding any other provision in 
this Act, of the amounts made available by this Act for 
‘‘National Guard Personnel, Army’’, the Secretary of De-
fense shall transfer to the Department of Homeland Secu-
rity such funds as may be necessary, not to exceed 
$35,000,000, to reimburse the States for the cost of any 
units or personnel of the National Guard, to perform oper-
ations and missions under State Active Duty status, de-
ployed in support of a southern border mission. 
TITLE III 
DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
ADMINISTRATIVE REVIEW AND APPEALS 
For an additional amount for ‘‘Administrative Review 
and Appeals’’ for necessary expenses to respond to the sig-
nificant rise in unaccompanied alien children and alien 
adults accompanied by an alien minor at the Southwest 
Border of the United States, $22,000,000, to remain 
available until September 30, 2015, of which $12,900,000 
shall be for additional temporary immigration judges and 
related expenses, and $9,100,000 shall be for technology 
for judges to expedite the adjudication of immigration 
cases.
GENERAL PROVISION—THIS TITLE 
(RESCISSION) 
SEC. 301. Of the unobligated balances available for 
‘‘Department of Justice—Legal Activities—Assets For-
feiture Fund’’, $22,000,000 is hereby permanently re-
scinded. 
TITLE IV 
GENERAL PROVISIONS—THIS TITLE 
REPATRIATION AND REINTEGRATION 
SEC. 401. (a) REPATRIATION
AND REINTEGRA-
TION.—Of the funds appropriated in titles III and IV of 
division K of Public Law 113–76, and in prior Acts mak-
ing appropriations for the Department of State, foreign 
operations, and related programs, for assistance for the 
countries in Central America, up to $40,000,000 shall be 
made available for such countries for repatriation and re-
integration activities: Provided, That funds made available 
pursuant to this section may be obligated notwithstanding 
subsections (c) and (e) of section 7045 of division K of 
Public Law 113–76. 
(b) REPORT.—Prior to the initial obligation of funds 
made available pursuant to this section, but not later than 
15 days after the date of enactment of this Act, and every 
90 days thereafter until September 30, 2015, the Sec-
retary of State, in consultation with the Administrator of
the United States Agency for International Development, 
shall submit to the appropriate congressional committees 
a report on the obligation of funds made available pursu-
ant to this section by country and the steps taken by the 
government of each country to— 
(1) improve border security; 
(2) enforce laws and policies to stem the flow 
of illegal entries into the United States; 
(3) enact laws and implement new policies to 
stem the flow of illegal entries into the United 
States, including increasing penalties for human 
smuggling; 
(4) conduct public outreach campaigns to ex-
plain the dangers of the journey to the Southwest 
Border of the United States, emphasize the lack of 
immigration benefits available, and emphasize that 
illegal aliens will be removed to their country; and 
(5) cooperate with United States Federal agen-
cies to facilitate and expedite the return, repatri-
ation, and reintegration of illegal migrants arriving 
at the Southwest Border of the United States. 
(c) SUSPENSION OF ASSISTANCE.—The Secretary of 
State shall suspend assistance provided pursuant to this 
section to the government of a country if such government 
is not making significant progress on each item described
in paragraphs (1) through (5) of subsection (b): Provided, 
That assistance may only be resumed if the Secretary re-
ports to the appropriate congressional committees that 
subsequent to the suspension of assistance such govern-
ment is making significant progress on each of the items 
enumerated in such subsection. 
(d) NOTIFICATION
REQUIREMENT.—Funds made 
available pursuant to this section shall be subject to the 
regular notification procedures of the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate. 
(RESCISSION) 
SEC. 402. Of the unexpended balances available to 
the President for bilateral economic assistance under the 
heading ‘‘Economic Support Fund’’ from prior Acts mak-
ing appropriations for the Department of State, foreign 
operations, and related programs, $197,000,000 is re-
scinded: Provided, That no amounts may be rescinded 
from amounts that were designated by the Congress for 
Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 or as 
an emergency requirement pursuant to a concurrent reso-
lution on the budget or the Balanced Budget and Emer-
gency Deficit Control Act of 1985.
TITLE V 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
REFUGEE AND ENTRANT ASSISTANCE 
For an additional amount for ‘‘Refugee and Entrant 
Assistance’’, $197,000,000, to be merged with and avail-
able for the same time period and for the same purposes 
as the funds made available under this heading in division 
H of Public Law 113–76 ‘‘for carrying out such sections 
414, 501, 462, and 235’’: Provided, That of this amount, 
$47,000,000 shall be for the Social Services and Targeted 
Assistance programs. 
This division may be cited as the ‘‘Secure the South-
west Border Supplemental Appropriations Act, 2014’’. 
DIVISION B—SECURE THE SOUTHWEST 
BORDER ACT OF 2014 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Secure the Southwest Border Act of 2014’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this division is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—PROTECTING CHILDREN 
Sec. 101. Repatriation of unaccompanied alien children. 
Sec. 102. Last in, first out. 
Sec. 103. Emergency immigration judge resources.
Sec. 104. Protecting children from human traffickers, sex offenders, and other 
criminals. 
Sec. 105. Inclusion of additional grounds for per se ineligibility for asylum. 
TITLE II—USE OF NATIONAL GUARD TO IMPROVE BORDER 
SECURITY 
Sec. 201. National Guard support for border operations. 
TITLE III—NATIONAL SECURITY AND FEDERAL LANDS 
PROTECTION 
Sec. 301. Prohibition on actions that impede border security on certain Federal 
land. 
Sec. 302. Sense of Congress on placement of unauthorized aliens at military in-
stallations. 
Sec. 303. Limitation on placement of unauthorized aliens at military installa-
tions. 
TITLE I—PROTECTING 
CHILDREN 
SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHIL-
DREN. 
Section 235(a) of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(a)) is amended— 
(1) in paragraph (2)— 
(A) by amending the paragraph heading to 
read as follows: ‘‘RULES FOR UNACCOMPANIED 
ALIEN CHILDREN.’’; 
(B) 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); 
(C) 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.)—’’; 
(ii) in clause (i), by inserting before 
‘‘permit such child to withdraw’’ the fol-
lowing: ‘‘may’’; and 
(iii) in clause (ii), by inserting before 
‘‘return such child’’ the following: ‘‘shall’’; 
and 
(D) in subparagraph (C)— 
(i) by amending the subparagraph 
heading to read as follows: ‘‘AGREEMENTS 
WITH FOREIGN COUNTRIES.’’; and 
(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’’ and inserting ‘‘The Sec-
retary of State may negotiate agreements 
between the United States and any foreign 
country that the Secretary determines ap-
propriate’’; and 
(2) in paragraph (5)(D)— 
(A) 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),’’ and insert-
ing ‘‘who does not meet the criteria listed in 
paragraph (2)(A)’’; and 
(B) in clause (i), by inserting before the 
semicolon at the end the following: ‘‘, which 
shall include a hearing before an immigration 
judge not later than 14 days after being 
screened under paragraph (4) and the unaccom-
panied alien child shall be detained until such 
hearing’’. 
SEC. 102. LAST IN, FIRST OUT. 
In any removal proceedings under section 240 of the 
Immigration and Nationality Act (8 U.S.C. 1229a) with 
respect to an unaccompanied alien child (as defined in sec-
tion 462(g)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)(2))), priority shall be accorded to the alien 
who has most recently arrived in the United States.
SEC. 103. EMERGENCY IMMIGRATION JUDGE RESOURCES. 
Not later than 14 days after the date of the enact-
ment of this Act, the Attorney General shall designate up 
to 40 immigration judges, including through the hiring of 
retired immigration judges, administrative law judges, or 
magistrate judges, or the reassignment of current immi-
gration judges. Such designations shall remain in effect 
solely for the duration of the humanitarian crisis at the 
southern border (as determined by the Secretary of Home-
land Security, in consultation with the Attorney General). 
SEC. 104. 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)). 
‘‘(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 Federal Bureau of Inves-
tigation; and 
‘‘(II) criminal history repositories 
of all States that the individual lists 
as current or former residences.’’.
SEC. 105. INCLUSION OF ADDITIONAL GROUNDS FOR PER 
SE INELIGIBILITY FOR ASYLUM. 
Section 208(b)(2)(A)(iii) of the Immigration and Na-
tionality Act (8 U.S.C. 1158(b)(2)(A)(iii)) is amended by 
inserting after ‘‘a serious nonpolitical crime’’ the fol-
lowing: ‘‘(including any drug-related offense punishable by 
a term of imprisonment greater than 1 year)’’. 
TITLE 
II—USE 
OF 
NATIONAL 
GUARD TO IMPROVE BORDER 
SECURITY 
SEC. 201. NATIONAL GUARD SUPPORT FOR BORDER OPER-
ATIONS. 
(a) DEPLOYMENT
AUTHORITY
AND
FUNDING.— 
Amounts appropriated for the Department of Defense in 
this Act shall be expended for any units or personnel of 
the National Guard deployed to perform operations and 
missions under section 502(f) of title 32, United States 
Code, on the southern border of the United States. 
(b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 
(1) IN GENERAL.—National Guard units and 
personnel deployed under subsection (a) may be as-
signed such operations as may be necessary to pro-
vide assistance for operations on the southern bor-
der, with priority given to high traffic areas experi-
encing the highest number of crossings by unaccom-
panied alien children.
(2) NATURE OF DUTY.—The duty of National 
Guard personnel performing operations and missions 
on the southern border shall be full-time duty under 
title 32, United States Code. 
(c) MATERIEL AND LOGISTICAL SUPPORT.—The Sec-
retary of Defense shall deploy such materiel and equip-
ment and logistical support as may be necessary to ensure 
success of the operations and missions conducted by the 
National Guard under this section. 
(d) EXCLUSION
FROM
NATIONAL
GUARD
PER-
SONNEL STRENGTH LIMITATIONS.—National Guard per-
sonnel deployed under subsection (a) shall not be included 
in— 
(1) the calculation to determine compliance 
with limits on end strength for National Guard per-
sonnel; or 
(2) limits on the number of National Guard 
personnel that may be placed on active duty for 
operational support under section 115 of title 10, 
United States Code. 
(e) HIGH TRAFFIC AREAS DEFINED.—In this sec-
tion: 
(1) The term ‘‘high traffic areas’’ means sec-
tors along the northern and southern borders of the 
United States that are within the responsibility of
the Border Patrol that have the most illicit cross- 
border activity, informed through situational aware-
ness. 
(2) The term ‘‘unaccompanied alien child’’ 
means a child who— 
(A) has no lawful immigration status in 
the United States; 
(B) has not attained 18 years of age; and 
(C) with respect to whom— 
(i) there is no parent or legal guard-
ian in the United States; or 
(ii) no parent or legal guardian in the 
United States is available to provide care 
and physical custody. 
TITLE III—NATIONAL SECURITY 
AND FEDERAL LANDS PRO-
TECTION 
SEC. 301. PROHIBITION ON ACTIONS THAT IMPEDE BOR-
DER SECURITY ON CERTAIN FEDERAL LAND. 
(a) PROHIBITION ON SECRETARIES OF THE INTE-
RIOR 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 Protec-
tion on Federal land located within 100 miles of the 
United States border with Mexico that is under the juris-
diction 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, in-
struments of terrorism, narcotics, and other contraband 
through such international land border of the United 
States. These authorities of U.S. Customs and Border 
Protection on such Federal land apply whether or not a 
state of emergency exists. 
(b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 
BORDER PROTECTION.—U.S. Customs and Border Pro-
tection shall have immediate access to Federal land within 
100 miles of the United States border with Mexico that 
is 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 un-
lawful entries into the United States, including entries by 
terrorists, other unlawful aliens, instruments of terrorism, 
narcotics, and other contraband through such inter-
national land border of the United States: 
(1) Construction and maintenance of roads. 
(2) Construction and maintenance of barriers. 
(3) Use of vehicles to patrol, apprehend, or res-
cue.
(4) Installation, maintenance, and operation of 
communications and surveillance equipment and sen-
sors. 
(5) Deployment of temporary tactical infra-
structure. 
(c) CLARIFICATION RELATING TO WAIVER AUTHOR-
ITY.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law (including any termination date re-
lating 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 Ille-
gal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1103 note; Public Law 
104–208) of the laws described in paragraph (2) 
with respect to certain sections of the international 
border between the United States and Mexico shall 
be considered to apply to all Federal land under the 
jurisdiction of the Secretary of the Interior or the 
Secretary of Agriculture within 100 miles of such 
international land border of the United States for 
the activities of U.S. Customs and Border Protection 
described in subsection (b). 
(2) DESCRIPTION OF LAWS WAIVED.—The laws 
referred to in paragraph (1) are limited to the Wil-
derness Act (16 U.S.C. 1131 et seq.), the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.), the National Historic Preser-
vation Act (16 U.S.C. 470 et seq.), Public Law 86– 
523 (16 U.S.C. 469 et seq.), the Act of June 8, 
1906 (commonly known as the ‘‘Antiquities Act of 
1906’’; 16 U.S.C. 431 et seq.), the Wild and Scenic 
Rivers Act (16 U.S.C. 1271 et seq.), the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.), the National Wildlife Refuge 
System Administration Act of 1966 (16 U.S.C. 
668dd et seq.), the Fish and Wildlife Act of 1956 
(16 U.S.C. 742a et seq.), the Fish and Wildlife Co-
ordination Act (16 U.S.C. 661 et seq.), subchapter 
II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ‘‘Administra-
tive Procedure Act’’), the National Park Service Or-
ganic Act (16 U.S.C. 1 et seq.), the General Au-
thorities Act of 1970 (Public Law 91–383) (16 
U.S.C. 1a–1 et seq.), sections 401(7), 403, and 404 
of the National Parks and Recreation Act of 1978 
(Public Law 95–625, 92 Stat. 3467), and the Ari-
zona Desert Wilderness Act of 1990 (16 U.S.C. 
1132 note; Public Law 101–628).
(d) 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 jurisdic-
tion of the Secretary of the Interior or the Secretary 
of Agriculture; or 
(2) any additional authority to restrict legal ac-
cess to such land. 
(e) 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. 
(f) TRIBAL SOVEREIGNTY.—Nothing in this section 
supersedes, replaces, negates, or diminishes treaties or 
other agreements between the United States and Indian 
tribes. 
SEC. 302. SENSE OF CONGRESS ON PLACEMENT OF UNAU-
THORIZED ALIENS AT MILITARY INSTALLA-
TIONS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that—