I 
113TH CONGRESS 
2D SESSION 
H. R. 5230 
Making supplemental appropriations for the fiscal year ending September 
30, 2014, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2014 
Mr. ROGERS of Kentucky introduced the following bill; which was referred to 
the Committee on Appropriations 
A BILL 
Making supplemental appropriations for the fiscal year 
ending September 30, 2014, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2014, and for other pur-
poses, namely: 
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DIVISION A—SUPPLEMENTAL 
APPROPRIATIONS AND RESCISSIONS 
TITLE I 
DEPARTMENT OF HOMELAND SECURITY 
U.S. CUSTOMS AND BORDER PROTECTION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses’’, $71,000,000, to remain available until September 
30, 2015, for necessary expenses to apprehend, transport, 
and provide temporary shelter associated with the signifi-
cant rise in unaccompanied alien children and alien adults 
accompanied by an alien minor at the Southwest Border 
of the United States, including related activities to secure 
the border, disrupt transnational crime, and the necessary 
acquisition, construction, improvement, repair, and man-
agement of facilities: Provided, That not later than 30 
days after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall submit to the Commit-
tees on Appropriations of the House of Representatives 
and the Senate an obligation and quarterly expenditure 
plan for these funds: Provided further, That the Secretary 
shall provide to such Committees quarterly updates on the 
expenditure of these funds. 
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U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses’’, $334,000,000, to remain available until Sep-
tember 30, 2015, for necessary expenses to respond to the 
significant rise in unaccompanied alien children and alien 
adults accompanied by an alien minor at the Southwest 
Border of the United States, including for enforcement of 
immigration and customs law, including detention and re-
moval operations, of which $262,000,000 shall be for Cus-
tody Operations and $72,000,000 shall be for Transpor-
tation and Removal operations: Provided, That not later 
than 30 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall submit to the 
Committees on Appropriations of the House of Represent-
atives and the Senate an obligation and quarterly expendi-
ture plan for these funds: Provided further, That the Sec-
retary shall provide to such Committees quarterly updates 
on the expenditure of these funds. 
GENERAL PROVISIONS—THIS TITLE 
(INCLUDING RESCISSION) 
SEC. 101. Notwithstanding any other provision of 
law, none of the funds provided by this title shall be avail-
able for obligation or expenditure through a reprogram-
ming or transfer of funds that proposes to use funds di-
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rected for a specific activity by either of the Committees 
on Appropriations of the House of Representatives or the 
Senate for a different purpose than for which the appro-
priations were provided: Provided, That prior to the obli-
gation of such funds, a request for approval shall be sub-
mitted to such Committees. 
SEC. 102. The Secretary of Homeland Security shall 
provide to the Congress quarterly reports that include: (1) 
the number of apprehensions at the border delineated by 
unaccompanied alien children and alien adults accom-
panied by an alien minor; (2) the number of claims of a 
credible fear of persecution delineated by unaccompanied 
alien children and alien adults accompanied by an alien 
minor, and the number of determinations of valid claims 
of a credible fear of persecution delineated by unaccom-
panied alien children and alien adults accompanied by an 
alien minor; (3) the number of unaccompanied alien chil-
dren and alien adults accompanied by an alien minor 
granted asylum by an immigration judge, delineated by 
year of apprehension; (4) the number of alien adults ac-
companied by an alien minor in detention facilities, alter-
natives to detention, and other non-detention forms of su-
pervision; and (5) the number of removals delineated by 
unaccompanied alien children and alien adults accom-
panied by an alien minor. 
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OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Air National Guard’’, $4,516,000, to remain 
available until September 30, 2015, for necessary expenses 
related to the Southwest Border of the United States. 
GENERAL PROVISION—THIS TITLE 
(RESCISSION) 
SEC. 201. Of the unobligated balances of amounts ap-
propriated in title II of division C of Public Law 113– 
76 for ‘‘Operation and Maintenance, Defense-Wide’’, 
$35,000,000 is hereby rescinded to reflect excess cash bal-
ances in Department of Defense Working Capital Funds. 
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 
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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 
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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 and to emphasize the 
lack of immigration benefits available; 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 
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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-
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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 
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Sec. 101. Repatriation of unaccompanied alien children. 
Sec. 102. Expedited due process and screening of unaccompanied alien chil-
dren. 
Sec. 103. Due process protections for unaccompanied alien children present in 
the United States. 
Sec. 104. Emergency immigration judge resources. 
Sec. 105. Protecting children from human traffickers, sex offenders, and other 
criminals. 
Sec. 106. 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. 
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), in the matter 
preceding clause (i), by striking ‘‘who is a na-
tional or habitual resident of a country that is 
contiguous with the United States’’; and 
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(C) 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 ‘‘countries contiguous to the 
United States’’ and inserting ‘‘Canada, El 
Salvador, Guatemala, Honduras, Mexico, 
and any other foreign country that the 
Secretary determines appropriate’’; and 
(2) in paragraph (5)(D)— 
(A) in the subparagraph heading, by strik-
ing ‘‘PLACEMENT IN REMOVAL PROCEEDINGS’’ 
and inserting ‘‘EXPEDITED DUE PROCESS AND 
SCREENING FOR UNACCOMPANIED ALIEN CHIL-
DREN’’; 
(B) 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), shall be—’’ 
and inserting ‘‘who meets the criteria listed in 
paragraph (2)(A)—’’; 
(C) by striking clause (i) and inserting the 
following: 
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‘‘(i) shall be placed in a proceeding in 
accordance with section 235B of the Immi-
gration and Nationality Act, which shall 
commence not later than 7 days after the 
screening of an unaccompanied alien child 
described in paragraph (4);’’; 
(D) by redesignating clauses (ii) and (iii) 
as clauses (iii) and (iv), respectively; 
(E) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) may not be placed in the imme-
diate custody of a nongovernmental spon-
sor or otherwise released from the custody 
of the United States Government until the 
child is repatriated unless the child is the 
subject 
of 
an 
order 
under 
section 
235B(e)(1) of the Immigration and Na-
tionality Act;’’; 
(F) in clause (iii), as redesignated, by in-
serting ‘‘is’’ before ‘‘eligible’’; and 
(G) in clause (iv), as redesignated, by in-
serting ‘‘shall be’’ before ‘‘provided’’. 
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SEC. 102. EXPEDITED DUE PROCESS AND SCREENING OF 
UNACCOMPANIED ALIEN CHILDREN. 
(a) AMENDMENTS TO IMMIGRATION AND NATION-
ALITY ACT.— 
(1) IN GENERAL.—Chapter 4 of the Immigra-
tion and Nationality Act is amended by inserting 
after section 235A the following: 
‘‘SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND 
SCREENING FOR UNACCOMPANIED ALIEN 
CHILDREN. 
‘‘(a) DEFINED TERM.—In this section, the term ‘asy-
lum officer’ had the meaning given such term in section 
235(b)(1)(E) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(E)). 
‘‘(b) PROCEEDING.— 
‘‘(1) IN GENERAL.—Not later than 7 days after 
the screening of an unaccompanied alien child under 
section 235(a)(4) of the William Wilberforce Traf-
ficking Victims Protection Reauthorization Act of 
2008 (8 U.S.C. 1232(a)(4)), an immigration judge 
shall conduct a proceeding to inspect, screen, and 
determine the status of an unaccompanied alien 
child who is an applicant for admission to the 
United States. 
‘‘(2) TIME
LIMIT.—Not later than 72 hours 
after the conclusion of a proceeding with respect to 
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an unaccompanied alien child under this section, the 
immigration judge who conducted such proceeding 
shall issue an order pursuant to subsection (e). 
‘‘(c) CONDUCT OF PROCEEDING.— 
‘‘(1) AUTHORITY
OF
IMMIGRATION
JUDGE.— 
The immigration judge conducting a proceeding 
under this section— 
‘‘(A) shall administer oaths, receive evi-
dence, and interrogate, examine, and cross-ex-
amine the alien and any witnesses; 
‘‘(B) may issue subpoenas for the attend-
ance of witnesses and presentation of evidence; 
and 
‘‘(C) is authorized to sanction by civil 
money penalty any action (or inaction) in con-
tempt of the judge’s proper exercise of author-
ity under this Act. 
‘‘(2) FORM
OF
PROCEEDING.—A proceeding 
under this section may take place— 
‘‘(A) in person; 
‘‘(B) at a location agreed to by the parties, 
in the absence of the alien; 
‘‘(C) through video conference; or 
‘‘(D) through telephone conference. 
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‘‘(3) PRESENCE OF ALIEN.—If it is impracti-
cable by reason of an alien’s mental incompetency 
for the alien to be present at the proceeding, the At-
torney General shall prescribe safeguards to protect 
the rights and privileges of the alien. 
‘‘(4) RIGHTS OF THE ALIEN.—In a proceeding 
under this section— 
‘‘(A) the alien shall be given the privilege 
of being represented, at no expense to the Gov-
ernment, by counsel of the alien’s choosing who 
is authorized to practice in such proceedings; 
‘‘(B) the alien shall be given a reasonable 
opportunity— 
‘‘(i) to examine the evidence against 
the alien; 
‘‘(ii) to present evidence on the alien’s 
own behalf; and 
‘‘(iii) to cross-examine witnesses pre-
sented by the Government; 
‘‘(C) the rights set forth in subparagraph 
(B) shall not entitle the alien— 
‘‘(i) to examine such national security 
information as the Government may prof-
fer in opposition to the alien’s admission to 
the United States; or 
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‘‘(ii) to an application by the alien for 
discretionary relief under this Act; and 
‘‘(D) a complete record shall be kept of all 
testimony and evidence produced at the pro-
ceeding. 
‘‘(5) WITHDRAWAL OF APPLICATION FOR AD-
MISSION.—In the discretion of the Attorney General, 
an alien applying for admission to the United States 
may, and at any time, be permitted to withdraw 
such application and immediately be returned to the 
alien’s country of nationality or country of last ha-
bitual residence. 
‘‘(6) CONSEQUENCES
OF
FAILURE
TO
AP-
PEAR.—Any alien who fails to appear at a pro-
ceeding required under this section, shall be ordered 
removed in absentia if the Government establishes 
by a preponderance of the evidence that the alien 
was at fault for their absence from the proceedings. 
‘‘(d) DECISION AND BURDEN OF PROOF.— 
‘‘(1) DECISION.— 
‘‘(A) IN GENERAL.—At the conclusion of a 
proceeding under this section, the immigration 
judge shall determine whether an unaccom-
panied alien child is likely to be— 
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‘‘(i) admissible to the United States; 
or 
‘‘(ii) eligible for any form of relief 
from removal under this Act. 
‘‘(B) EVIDENCE.—The determination of 
the immigration judge under subparagraph (A) 
shall be based only on the evidence produced at 
the hearing. 
‘‘(2) BURDEN OF PROOF.— 
‘‘(A) IN GENERAL.—In a proceeding under 
this section, an alien who is an applicant for 
admission has the burden of establishing, by a 
preponderance of the evidence, that the alien— 
‘‘(i) is likely to be entitled to be law-
fully admitted to the United States or eli-
gible for any form of relief from removal 
under this Act; or 
‘‘(ii) is lawfully present in the United 
States pursuant to a prior admission. 
‘‘(B) ACCESS TO DOCUMENTS.—In meeting 
the burden of proof under subparagraph (A)(ii), 
the alien shall be given access to— 
‘‘(i) the alien’s visa or other entry 
document, if any; and 
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‘‘(ii) any other records and docu-
ments, not considered by the Attorney 
General to be confidential, pertaining to 
the alien’s admission or presence in the 
United States. 
‘‘(e) ORDERS.— 
‘‘(1) 
PLACEMENT
IN
FURTHER
PRO-
CEEDINGS.—If an immigration judge determines 
that the unaccompanied alien child has met the bur-
den of proof under subsection (d)(2), the judge shall 
order the alien to be placed in further proceedings 
in accordance with section 240. 
‘‘(2) ORDERS OF REMOVAL.—If an immigration 
judge determines that the unaccompanied alien child 
has not met the burden of proof required under sub-
section (d)(2), the judge shall order the alien re-
moved from the United States without further hear-
ing or review unless the alien claims— 
‘‘(A) an intention to apply for asylum 
under section 208; or 
‘‘(B) a fear of persecution. 
‘‘(3) CLAIMS
FOR
ASYLUM.—If an unaccom-
panied alien child described in paragraph (2) claims 
an intention to apply for asylum under section 208 
or a fear of persecution, the judge shall order the 
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alien referred for an interview by an asylum officer 
under subsection (f). 
‘‘(f) ASYLUM INTERVIEWS.— 
‘‘(1) DEFINED TERM.—In this subsection, the 
term ‘credible fear of persecution’ has the meaning 
given such term in section 235(b)(1)(B)(v) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1225(b)(1)(B)(v)). 
‘‘(2) CONDUCT BY ASYLUM OFFICER.—An asy-
lum officer shall conduct interviews of aliens referred 
under subsection (e)(3). 
‘‘(3) REFERRAL OF CERTAIN ALIENS.—If the 
officer determines at the time of the interview that 
an alien has a credible fear of persecution, the alien 
shall be held in the custody of the Secretary of 
Health and Human Services pursuant to section 
235(b) of the William Wilberforce Trafficking Vic-
tims Protection Reauthorization Act of 2008 (8 
U.S.C. 1232(b)) during further consideration of the 
application for asylum. 
‘‘(4) REMOVAL WITHOUT FURTHER REVIEW IF 
NO CREDIBLE FEAR OF PERSECUTION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (C), if the asylum officer determines that 
an alien does not have a credible fear of perse-
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cution the officer shall order the alien removed 
from the United States without further hearing 
or review. 
‘‘(B) RECORD OF DETERMINATION.—The 
officer shall prepare a written record of a deter-
mination under subparagraph (A), which shall 
include— 
‘‘(i) a summary of the material facts 
as stated by the applicant; 
‘‘(ii) such additional facts (if any) re-
lied upon by the officer; 
‘‘(iii) the officer’s analysis of why, in 
light of such facts, the alien has not estab-
lished a credible fear of persecution; and 
‘‘(iv) a copy of the officer’s interview 
notes. 
‘‘(C) REVIEW OF DETERMINATION.— 
‘‘(i) 
RULEMAKING.—The 
Attorney 
General shall establish, by regulation, a 
process by which an immigration judge will 
conduct a prompt review, upon the alien’s 
request, of a determination under subpara-
graph (A) that the alien does not have a 
credible fear of persecution. 
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‘‘(ii) 
MANDATORY
COMPONENTS.— 
The review described in clause (i)— 
‘‘(I) shall include an opportunity 
for the alien to be heard and ques-
tioned by the immigration judge, ei-
ther in person or by telephonic or 
video connection; and 
‘‘(II) shall be conducted— 
‘‘(aa) as expeditiously as 
possible; 
‘‘(bb) within the 24-hour pe-
riod beginning at the time the 
asylum officer makes a deter-
mination 
under 
subparagraph 
(A), to the maximum extent 
practicable; and 
‘‘(cc) in no case later than 7 
days after such determination. 
‘‘(5) MANDATORY PROTECTIVE CUSTODY.—Any 
alien subject to the procedures under this subsection 
shall be held in the custody of the Secretary of 
Health and Human Services pursuant to section 
235(b) of the William Wilberforce Trafficking Vic-
tims Protection Reauthorization Act of 2008 (8 
U.S.C. 1232(b))— 
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‘‘(A) pending a final determination of an 
asylum application under section 208; or 
‘‘(B) after a determination that the alien 
does not have a credible fear of persecution, 
until the alien is removed. 
‘‘(g) LIMITATION ON ADMINISTRATIVE REVIEW.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (f)(4)(C) and paragraph (2), a removal order 
entered in accordance with subsection (e)(2) or 
(f)(4)(A) is not subject to administrative appeal. 
‘‘(2) RULEMAKING.—The Attorney General 
shall establish, by regulation, a process for the 
prompt review of an order under subsection (e)(2) 
against an alien who claims under oath, or as per-
mitted under penalty of perjury under section 1746 
of title 28, United States Code, after having been 
warned of the penal ties for falsely making such 
claim under such conditions to have been— 
‘‘(A) lawfully admitted for permanent resi-
dence; 
‘‘(B) admitted as a refugee under section 
207; or 
‘‘(C) granted asylum under section 208. 
‘‘(h) LAST IN, FIRST OUT.—In any proceedings, de-
terminations, or removals under this section, priority shall 
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be accorded to the alien who has most recently arrived 
in the United States.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended by inserting after 
the item relating to section 235A the following: 
‘‘Sec. 235B. Humane and expedited inspection and screening for unaccom-
panied alien children.’’. 
(b) JUDICIAL REVIEW OF ORDERS OF REMOVAL.— 
Section 242 of the Immigration and Nationality Act (8 
U.S.C. 1252) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, or an 
order of removal issued to an unaccompanied 
alien child after proceedings under section 
235B’’ after ‘‘section 235(b)(1)’’; and 
(B) in paragraph (2)— 
(i) by inserting ‘‘or section 235B’’ 
after ‘‘section 235(b)(1)’’ each place it ap-
pears; and 
(ii) in subparagraph (A)— 
(I) in the subparagraph heading, 
by inserting ‘‘OR
235B’’ after ‘‘SEC-
TION 235(b)(1)’’; and 
(II) in clause (iii), by striking 
‘‘section 235(b)(1)(B),’’ and inserting 
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‘‘section 235(b)(1)(B) or 235B(f);’’; 
and 
(2) in subsection (e)— 
(A) in the subsection heading, by inserting 
‘‘OR 235B’’ after ‘‘SECTION 235(b)(1)’’; 
(B) by inserting ‘‘or section 235B’’ after 
‘‘section 235(b)(1)’’ in each place it appears; 
(C) in subparagraph (2)(C), by inserting 
‘‘or 
section 
235B(g)’’ 
after 
‘‘section 
235(b)(1)(C)’’; and 
(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) FILING AUTHORIZED.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
of Homeland Security, notwithstanding any other provi-
sion of law, shall, at an immigration court designated to 
conduct proceedings under section 235B of the Immigra-
tion and Nationality Act, 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— 
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(1) to appear, in-person, before an immigration 
judge who has been authorized by the Attorney Gen-
eral to conduct proceedings under section 235B of 
the Immigration and Nationality Act, as added by 
section 102; 
(2) to attest to their desire to apply for admis-
sion to the United States; and 
(3) to file a motion— 
(A) to replace 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 
(B) to apply for admission to the United 
States by being placed in proceedings under 
section 235B of the Immigration and Nation-
ality Act. 
(b) MOTION GRANTED.—An immigration judge may, 
at the sole and unreviewable discretion of the judge, grant 
a motion filed under subsection (a)(3) upon a finding 
that— 
(1) the petitioner was an unaccompanied alien 
child (as such term is defined in section 462 of the 
Homeland Security Act of 2002 (6 U.S.C. 279)) on 
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the date on which a Notice to Appear described in 
subsection (a) was issued to the alien; 
(2) the Notice to Appear was issued during the 
period beginning on January 1, 2013, and ending on 
the date of the enactment of this Act; 
(3) the unaccompanied alien child is applying 
for admission to the United States; and 
(4) the granting of such motion would not be 
manifestly unjust. 
(c) EFFECT
OF
MOTION.—Notwithstanding any 
other provision of law, upon the granting of a motion to 
replace under subsection (b), the immigration judge who 
granted such motion shall— 
(1) while the petitioner remains in-person, im-
mediately inspect and screen the petitioner for ad-
mission to the United States by conducting a pro-
ceeding under section 235B of the Immigration and 
Nationality Act, as added by section 102; 
(2) immediately notify the petitioner of the peti-
tioner’s ability, under section 235B(c)(5) of the Im-
migration and Nationality Act to withdraw the peti-
tioner’s application for admission to the United 
States and immediately be returned to the peti-
tioner’s country of nationality or country of last ha-
bitual residence; and 
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(3) replace the petitioner’s notice to appear 
with an order under section 235B(e) of the Immi-
gration and Nationality Act. 
(d) PROTECTIVE
CUSTODY.—An unaccompanied 
alien child who has been granted a motion under sub-
section (b) shall be held in the custody of the Secretary 
of Health and Human Services pursuant to section 235 
of the William Wilberforce Trafficking 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, adminis-
trative law judges, or magistrate judges, or the reassign-
ment of current immigration judges, that are dedicated 
to conducting humane and expedited inspection and 
screening for unaccompanied alien children under section 
235B of the Immigration and Nationality Act, as added 
by section 102. 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). 
(b) REQUIREMENT.—The Attorney General shall en-
sure that sufficient immigration judge resources are dedi-
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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. 
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 
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‘‘(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. 106. 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)’’. 
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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-
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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— 
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(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 
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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. 
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(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– 
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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-
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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— 
(1) the Secretary of Defense should not allow 
the placement of unauthorized aliens at a military 
installation unless— 
(A) the Secretary submits written notice to 
the congressional defense committees and each 
Member of Congress representing any jurisdic-
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tion in which an affected military installation is 
situated; and 
(B) the Secretary publishes notice in the 
Federal Register; 
(2) the placement of unauthorized aliens at a 
military institution should not displace active mem-
bers of the Armed Forces; 
(3) the placement of unauthorized aliens at a 
military institution should not interfere with any 
mission of the Department of Defense; 
(4) the Secretary of Health and Human Serv-
ices should not use a military installation for the 
placement of unauthorized aliens unless all other fa-
cilities of the Department of Health and Human 
Services are unavailable; 
(5) the Secretary of Health and Human Serv-
ices should not use a military installation for the 
placement of unauthorized aliens for more than 120 
days; 
(6) the Secretary of Health and Human Serv-
ices should ensure that all unauthorized alien chil-
dren are vaccinated upon arrival at a military instal-
lation as set forth in the guidelines of the Office of 
Refugee Resettlement; 
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(7) the Secretary of Health and Human Serv-
ices should ensure that all individuals under the su-
pervision of the Secretary with access to unauthor-
ized alien children at a military installation are 
properly cleared according to the procedures set 
forth in the Victims of Child Abuse Act of 1990 (42 
U.S.C. 13001 et seq.); 
(8) the Secretary of Health and Human Serv-
ices should fully comply with the provisions of the 
Victims of Child Abuse Act of 1990 (42 U.S.C. 
13001 et seq.) with respect to background checks 
and should retain full legal responsibility for such 
compliance; and 
(9) in accordance with section 1535 of title 31, 
United States Code (commonly referred to as the 
‘‘Economy Act’’), the Secretary of Health and 
Human Services should reimburse the Secretary of 
Defense for all expenses incurred by the Secretary of 
Defense in carrying out the placement of unauthor-
ized aliens at a military installation. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘congressional defense commit-
tees’’ has the meaning given that term in section 
101(a)(16) of title 10, United States Code. 
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(2) The term ‘‘Member of Congress’’ has the 
meaning given that term in section 1591(c)(1) of 
title 10, United States Code. 
(3) The term ‘‘military installation’’ has the 
meaning given that term in section 2801(c)(4) of 
title 10, United States Code, but does not include an 
installation located outside of the United States. 
(4) The term ‘‘placement’’ means the placement 
of an unauthorized alien in either a detention facility 
or an alternative to such a facility. 
(5) The term ‘‘unauthorized alien’’ means an 
alien unlawfully present in the United States, but 
does not include a dependent of a member of the 
Armed Forces. 
Æ 
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