I 
115TH CONGRESS 
1ST SESSION 
H. R. 391 
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 
JANUARY 10, 2017 
Mr. CHAFFETZ (for himself, Mrs. BLACK, Mr. BROOKS of Alabama, Mr. CAR-
TER of Georgia, Mr. CARTER of Texas, Mr. CHABOT, Mr. DUNCAN of 
South Carolina, Mr. FARENTHOLD, Mr. GOSAR, Mr. GOWDY, Mr. JODY 
B. HICE of Georgia, Mr. LANCE, Mr. PITTENGER, Mr. SMITH of Texas, 
Mr. WEBSTER of Florida, Mr. ZELDIN, and Mr. HUDSON) introduced the 
following bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on Foreign Affairs, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction 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 2017’’. 
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SEC. 2. 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 
for any person in removal proceedings or in any appeal 
proceedings before the Attorney General from any such 
removal proceedings.’’. 
SEC. 3. 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 one 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. 4. 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.’’. 
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SEC. 5. 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 
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. 
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(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, 
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. 6. 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 
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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)). 
‘‘(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; 
‘‘(iii) the alien has a close family 
member in the United States whose death 
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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; 
‘‘(iv) the alien is a lawful applicant 
for adjustment of status under section 
245; or 
‘‘(v) the alien was lawfully granted 
status under section 208 or lawfully admit-
ted under section 207. 
‘‘(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 
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 
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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 
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 
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