I 
113TH CONGRESS 
2D SESSION 
H. R. 5137 
To modify the treatment of unaccompanied alien children who are in Federal 
custody by reason of their immigration status, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 17, 2014 
Mr. CHAFFETZ (for himself, Mr. GOODLATTE, Mr. SMITH of Texas, Mr. 
CHABOT, and Mr. FARENTHOLD) introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the Com-
mittees on Foreign Affairs, Agriculture, Natural Resources, and Home-
land Security, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To modify the treatment of unaccompanied alien children 
who are in Federal custody by reason of their immigra-
tion status, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Asylum Reform and 
Border Protection Act of 2014’’. 
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SEC. 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)) is 
amended to read as follows: 
‘‘(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, pro-
vide that— 
‘‘(A) no child shall be returned to the 
child’s country of nationality or of last habitual 
residence unless returned to appropriate em-
ployees or officials, including child welfare offi-
cials 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.’’. 
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(b) REPEALS.—Section 235(a) of the William Wilber-
force Trafficking Victims Protection Reauthorization Act 
of 2008 (8 U.S.C. 1232(a)) is amended— 
(1) by striking paragraphs (3) and (4); 
(2) by striking paragraph (5)(D); and 
(3) by redesignating paragraph (5) as para-
graph (3). 
(c) SCREENING OF APPLICANTS FOR ADMISSION.— 
Section 235(b)(1)(A)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1225(b)(1)(A)(i)) is amended by strik-
ing ‘‘(other than an alien described in subparagraph (F))’’ 
and inserting ‘‘(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))), but not including an alien described in 
subparagraph (F))’’. 
SEC. 3. CLARIFICATION OF INTENT REGARDING TAXPAYER- 
PROVIDED COUNSEL. 
Section 292 of the Immigration and Nationality Act 
(8 U.S.C. 1362) is amended— 
(1) by striking ‘‘(at no expense to the Govern-
ment)’’; and 
(2) by adding at the end the following: 
‘‘Notwithstanding any other provision of law, in no in-
stance shall the Government bear any expense for counsel 
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for any person in removal proceedings or in any appeal 
proceedings before the Attorney General from any such 
removal proceedings.’’. 
SEC. 4. SPECIAL IMMIGRANT JUVENILE VISAS. 
Section 101(a)(27)(J)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by 
striking ‘‘and whose reunification with 1 or both of the 
immigrant’s parents is not viable due’’ and inserting ‘‘and 
who cannot be reunified with either of the immigrant’s 
parents due’’. 
SEC. 5. CREDIBLE FEAR INTERVIEWS. 
Section 235(b)(1)(B)(v) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 
striking ‘‘208.’’ and inserting ‘‘208, and it is more prob-
able than not that the statements made by the alien in 
support of the alien’s claim are true.’’. 
SEC. 6. RECORDING EXPEDITED REMOVAL AND CREDIBLE 
FEAR INTERVIEWS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish quality assurance procedures and take 
steps to effectively ensure that questions by employees of 
the Department of Homeland Security exercising expe-
dited removal authority under section 235(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1225(b)) are asked 
in a uniform manner, and that both these questions and 
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the answers provided in response to them are recorded in 
a uniform fashion. 
(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 Na-
tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom-
panied by a recording of the interview which served as the 
basis for that sworn statement. 
(c) INTERPRETERS.—The Secretary shall ensure that 
a competent interpreter, not affiliated with the govern-
ment of the country from which the alien may claim asy-
lum, 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 impar-
tially. 
(d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 
Recordings of interviews of aliens subject to expedited re-
moval 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, 
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enforceable in law or equity by a party against the United 
States, its departments, agencies, instrumentalities, enti-
ties, officers, employees, or agents, or any person, nor does 
this section create any right of review in any administra-
tive, judicial, or other proceeding. 
SEC. 7. PAROLE REFORM. 
(a) IN GENERAL.—Paragraph (5) of section 212(d) 
(8 U.S.C. 1182(d)) is amended to read as follows: 
‘‘(5) HUMANITARIAN
AND
PUBLIC
INTEREST 
PAROLE.— 
‘‘(A) IN GENERAL.—Subject to the provi-
sions of this paragraph and section 214(f)(2), 
the Secretary of Homeland Security, in the sole 
discretion of the Secretary of Homeland Secu-
rity, may on a case-by-case basis parole an alien 
into the United States temporarily, under such 
conditions as the Secretary of Homeland Secu-
rity may prescribe, only— 
‘‘(i) for an urgent humanitarian rea-
son (as described under subparagraph 
(B)); or 
‘‘(ii) for a reason deemed strictly in 
the public interest (as described under sub-
paragraph (C)). 
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‘‘(B) HUMANITARIAN PAROLE.—The Sec-
retary 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 
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only if the alien has assisted the United States 
Government in a matter, such as a criminal in-
vestigation, espionage, or other similar law en-
forcement activity, and either the alien’s pres-
ence in the United States is required by the 
Government or the alien’s life would be threat-
ened if the alien were not permitted to come to 
the United States. 
‘‘(D) LIMITATION ON THE USE OF PAROLE 
AUTHORITY.—The Secretary of Homeland Se-
curity 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 para-
graph 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 
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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 sub-
mit a report to the Committees on the Judici-
ary 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 in-
formation and data concerning the number and 
categories of aliens paroled, the duration of pa-
role, 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. 
SEC. 8. REPORT TO CONGRESS ON PAROLE PROCEDURES 
AND STANDARDIZATION OF PAROLE PROCE-
DURES. 
(a) IN GENERAL.—The Attorney General and the 
Secretary of Homeland Security shall jointly conduct a re-
view, and report to the Judiciary Committees of the House 
of Representatives and the Senate, not later than 180 days 
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after the date of the enactment of this Act, and annually 
thereafter, regarding the effectiveness of parole and cus-
tody 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 grant-
ed 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 dis-
parity 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 cus-
tody determinations both by the Attorney General 
and the Secretary on the alien’s pursuit of their asy-
lum claim before an immigration court. 
(3) An analysis of the effectiveness of the pro-
cedures and policies applied with respect to parole 
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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 pa-
role 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. 
SEC. 9. GROUNDS OF INADMISSIBILITY AND DEPORT-
ABILITY FOR ALIEN GANG MEMBERS. 
(a) DEFINITION OF GANG MEMBER.—Section 101(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended by adding at the end the following: 
‘‘(53)(A) The term ‘criminal gang’ means an ongoing 
group, club, organization, or association of 5 or more per-
sons that has as one of its primary purposes the commis-
sion of 1 or more of the following criminal offenses and 
the members of which engage, or have engaged within the 
past 5 years, in a continuing series of such offenses, or 
that has been designated as a criminal gang by the Sec-
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retary of Homeland Security, in consultation with the At-
torney General, as meeting these criteria. The offenses de-
scribed, whether in violation of Federal or State law or 
foreign law and regardless of whether the offenses oc-
curred before, on, or after the date of the enactment of 
this paragraph, are the following: 
‘‘(i) A ‘felony drug offense’ (as defined in sec-
tion 102 of the Controlled Substances Act (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 of title 18, United States Code). 
‘‘(iv) A crime involving obstruction of justice, 
tampering with or retaliating against a witness, vic-
tim, or informant, or burglary. 
‘‘(v) Any conduct punishable under sections 
1028 and 1029 of title 18, United States Code (re-
lating to fraud and related activity in connection 
with identification documents or access devices), sec-
tions 1581 through 1594 of such title (relating to 
peonage, slavery and trafficking in persons), section 
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of this Act and shall apply to acts that occur before, on, 
or after the date of the enactment of this Act. 
SEC. 10. UNACCOMPANIED ALIEN CHILD DEFINED. 
Section 462(g)(2) of the Homeland Security Act of 
2002 (6 U.S.C. 279(g)(2)) is amended to read as follows: 
‘‘(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 avail-
able to provide care and physical cus-
tody; 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, grand-
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