I 
113TH CONGRESS 
2D SESSION 
H. R. 5163 
To provide for the expedited processing of unaccompanied alien children 
illegally entering the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2014 
Mr. CASSIDY introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Foreign Af-
fairs, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To provide for the expedited processing of unaccompanied 
alien children illegally entering the United States, 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. EQUAL TREATMENT OF UNACCOMPANIED 
ALIEN CHILDREN. 
Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232) is amended— 
(1) in subsection (a)— 
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(A) in paragraph (2)— 
(i) by amending the paragraph head-
ing to read as follows: ‘‘RULES FOR UNAC-
COMPANIED ALIEN CHILDREN’’; 
(ii) in subparagraph (A), by striking 
‘‘who is a national or habitual resident of 
a country that is contiguous with the 
United States’’; 
(iii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i), by striking ‘‘may’’ and inserting 
‘‘shall’’; and 
(II) in clause (ii), by inserting 
‘‘not later than 72 hours after the 
child is screened under paragraph (4) 
by placing the child on the next avail-
able flight to such country, subject to 
determinations of cost, feasibility and 
any repatriation agreements with such 
country’’ before the period at the end; 
and 
(iv) in subparagraph (C), by striking 
‘‘countries 
contiguous 
to 
the 
United 
States’’ and inserting ‘‘countries from 
which large numbers of unaccompanied 
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alien children are unlawfully entering the 
United States’’; 
(B) in paragraph (4)— 
(i) by striking ‘‘Within 48 hours of’’ 
and inserting the following: 
‘‘(A) IN
GENERAL.—Not later than 48 
hours after’’; and 
(ii) by striking ‘‘Nothing in this para-
graph’’ and inserting the following: 
‘‘(B) GANG AFFILIATION.—If an immigra-
tion officer determines that an unaccompanied 
alien child is, or has been, affiliated with a 
criminal street gang (as defined in section 
521(a) of title 18, United States Code), the 
child shall be treated in accordance with para-
graph (2)(B). 
‘‘(C) SAVINGS
PROVISION.—Nothing in 
this paragraph’’; and 
(C) in paragraph (5)(D), by striking ‘‘from 
a contiguous country subject to exceptions 
under subsection (a)(2)’’ and inserting ‘‘de-
scribed in paragraph (2)(A)’’; and 
(2) in subsection (c)— 
(A) by striking paragraphs (2) through 
(4); 
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(B) by redesignating paragraphs (5) and 
(6) as paragraphs (3) and (4), respectively; and 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) MANDATORY DETENTION FOR UNACCOM-
PANIED ALIEN CHILDREN.—An unaccompanied alien 
child who is apprehended by U.S. Border Patrol or 
U.S. Immigration and Customs Enforcement shall 
be detained and remain in the custody of the De-
partment of Homeland Security until the child— 
‘‘(A) voluntarily departs from the United 
States in accordance with section 240B of the 
Immigration and Nationality Act (8 U.S.C. 
1229c); 
‘‘(B) is expeditiously removed from the 
United States in accordance with— 
‘‘(i) an order of removal issued in ac-
cordance with section 235(b)(1) of such 
Act (8 U.S.C. 1225(b)(1)); or 
‘‘(ii) a final order of removal issued at 
the conclusion of special removal pro-
ceedings conducted pursuant to section 
240 of such Act (8 U.S.C. 1229a); or 
‘‘(C) is legally admitted into the United 
States as— 
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‘‘(i) a refugee under section 207 of 
such Act (8 U.S.C. 1157); or 
‘‘(ii) an asylee under section 208 of 
such Act (8 U.S.C. 1158).’’. 
SEC. 2. EXPEDITED DUE PROCESS AND SCREENING OF UN-
ACCOMPANIED ALIEN CHILDREN. 
(a) IN GENERAL.—Chapter 4 of the Immigration 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’ means an immigration officer who— 
‘‘(1) has had professional training in country 
conditions, asylum law, and interview techniques 
comparable to that provided to full-time adjudicators 
of applications under section 208, and 
‘‘(2) is supervised by an officer who— 
‘‘(A) meets the condition described in 
paragraph (1); and 
‘‘(B) has had substantial experience adju-
dicating asylum applications. 
‘‘(b) PROCEEDING.— 
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‘‘(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) BIOMETRIC DATA COLLECTION.—The in-
spection and screening required under paragraph (1) 
shall include the collection of biometric data from 
each unaccompanied alien child, including photo-
graphs and fingerprints. 
‘‘(3) TIME
LIMIT.—Not later than 72 hours 
after the conclusion of a proceeding with respect to 
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— 
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‘‘(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. 
‘‘(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— 
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‘‘(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 
‘‘(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, 
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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. 
‘‘(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— 
‘‘(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— 
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‘‘(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 
‘‘(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 
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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 substantiated 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 substantiated fear of persecution, the officer 
shall order the alien referred for an interview by an 
asylum officer under subsection (f). 
‘‘(f) ASYLUM INTERVIEWS.— 
‘‘(1) DEFINED TERM.—In this subsection, the 
term ‘substantiated fear of persecution’ means, after 
taking into account the credibility of the statements 
made by the alien in support of the alien’s claim and 
such other facts as are known to the officer, there 
is a significant possibility that the alien could estab-
lish eligibility for asylum under section 208. 
‘‘(2) CONDUCT BY ASYLUM OFFICER.—An asy-
lum officer shall conduct interviews of aliens referred 
under subsection (e)(3). 
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‘‘(3) REFERRAL OF CERTAIN ALIENS.—If the 
officer determines at the time of the interview that 
an alien has a substantiated 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 SUBSTANTIATED FEAR OF PERSECUTION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (C), if the asylum officer determines that 
an alien does not have a substantiated fear of 
persecution, the officer shall order the alien re-
moved 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; 
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‘‘(iii) the officer’s analysis of why, in 
light of such facts, the alien has not estab-
lished a substantiated 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 
substantiated fear of persecution. 
‘‘(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; 
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‘‘(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. 
‘‘(D) 
MANDATORY
PROTECTIVE
CUS-
TODY.—Any alien subject to the procedures 
under this paragraph shall be held in the cus-
tody of the Department of Homeland Secu-
rity— 
‘‘(i) pending a final determination of 
substantiated fear of persecution; and 
‘‘(ii) after a determination that the 
alien does not have such a fear, 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 
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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.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
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.’’. 
SEC. 3. ASYLUM SEEKERS. 
(a) REFUGEE DEFINED.—Section 101(a)(42) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) 
is amended— 
(1) in subparagraph (A), by striking ‘‘because 
of persecution or a well-founded fear of persecution 
on account of’’ and inserting ‘‘the alien’s life or free-
dom would be threatened in that country because of 
the alien’s’’; and 
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(2) in subparagraph (B), by striking ‘‘who is 
persecuted or who has a well-founded fear of perse-
cution on account of’’ and inserting ‘‘the person’s 
life or freedom is threatened if the person remains 
in that country because of the person’s’’. 
(b) MANDATORY DETENTION.—Section 208(d) of the 
Immigration and Nationality Act (8 U.S.C. 1158(d)) is 
amended by adding at the end the following: 
‘‘(8) DETENTION.—The Secretary of Homeland 
Security shall detain any alien seeking asylum under 
this section until the alien— 
‘‘(A) is removed from the United States in 
accordance with— 
‘‘(i) an order of removal issued in ac-
cordance with section 235(b)(1); or 
‘‘(ii) a final order of removal issued at 
the conclusion of special removal pro-
ceedings conducted pursuant to section 
240; or 
‘‘(B) granted asylum under subsection 
(b).’’. 
SEC. 4. EXTENSION OF BAR TO REENTRY. 
Section 212(a)(9) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(9)) is amended— 
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(1) in subparagraph (A)(i) by striking ‘‘5 
years’’ and inserting ‘‘10 years’’; and 
(2) in subparagraph (B)(i)(I), by striking ‘‘3 
years’’ and inserting ‘‘10 years’’. 
SEC. 5. REPORTING REQUIREMENT. 
The Secretary of Homeland Security shall submit an 
annual report to Congress that identifies, for the previous 
12-month period— 
(1) the number of aliens unlawfully present in 
the United States who were apprehended by, or 
placed in the physical custody of, U.S. Border Patrol 
or U.S. Immigration and Customs Enforcement; 
(2) the number of aliens described in paragraph 
(1) who were deported from the United States pur-
suant to a final order of removal; 
(3) the number of aliens described in paragraph 
(1) who departed from the United States without an 
order of removal (voluntary departures); and 
(4) the number of aliens who were granted ref-
ugee status or asylum. 
SEC. 6. SANCTUARY CITIES. 
The Secretary of Homeland Security may not make 
any funds available to carry out the Criminal Alien Pro-
gram of the U.S. Immigration and Customs Enforce-
ment— 
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