I 
118TH CONGRESS 
1ST SESSION H. R. 2640 
To provide for reform of the asylum system and protection of the border. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 17, 2023 
Mr. MCCLINTOCK (for himself and Mr. BIGGS) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committees on Ways and Means, Education and the Workforce, 
and Homeland Security, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To provide for reform of the asylum system and protection 
of the border. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Border Security and Enforcement Act of 2023’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ASYLUM REFORM AND BORDER PROTECTION 
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Sec. 101. Short title. 
Sec. 102. Safe third country. 
Sec. 103. Credible fear interviews. 
Sec. 104. Clarification of asylum eligibility. 
Sec. 105. Exceptions. 
Sec. 106. Employment authorization. 
Sec. 107. Asylum fees. 
Sec. 108. Rules for determining asylum eligibility. 
Sec. 109. Firm resettlement. 
Sec. 110. Notice concerning frivolous asylum applications. 
Sec. 111. Technical amendments. 
Sec. 112. Requirement for procedures relating to certain asylum applications. 
TITLE II—BORDER SAFETY AND MIGRANT PROTECTION 
Sec. 201. Short title. 
Sec. 202. Inspection of applicants for admission. 
TITLE III—ENSURING UNITED FAMILIES AT THE BORDER 
Sec. 301. Short title. 
Sec. 302. Clarification of standards for family detention. 
TITLE IV—PROTECTION OF CHILDREN 
Sec. 401. Short title. 
Sec. 402. Findings. 
Sec. 403. Repatriation of unaccompanied alien children. 
Sec. 404. Special immigrant juvenile status for immigrants unable to reunite 
with either parent. 
TITLE V—VISA OVERSTAYS PENALTIES 
Sec. 501. Short title. 
Sec. 502. Expanded penalties for illegal entry or presence. 
TITLE VI—IMMIGRATION PAROLE REFORM 
Sec. 601. Short title. 
Sec. 602. Immigration parole reform. 
Sec. 603. Implementation. 
Sec. 604. Cause of action. 
Sec. 605. Severability. 
TITLE VII—LEGAL WORKFORCE 
Sec. 701. Short title. 
Sec. 702. Employment eligibility verification process. 
Sec. 703. Employment eligibility verification system. 
Sec. 704. Recruitment, referral, and continuation of employment. 
Sec. 705. Good faith defense. 
Sec. 706. Preemption and States’ rights. 
Sec. 707. Repeal. 
Sec. 708. Penalties. 
Sec. 709. Fraud and misuse of documents. 
Sec. 710. Protection of Social Security Administration programs. 
Sec. 711. Fraud prevention. 
Sec. 712. Use of employment eligibility verification photo tool. 
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Sec. 713. Identity authentication employment eligibility verification pilot pro-
grams. 
Sec. 714. Inspector General audits. 
Sec. 715. Agriculture Workforce Study. 
TITLE I—ASYLUM REFORM AND 
BORDER PROTECTION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Asylum Reform and 
Border Protection Act of 2023’’. 
SEC. 102. SAFE THIRD COUNTRY. 
Section 208(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 
(1) by striking ‘‘if the Attorney General deter-
mines’’ and inserting ‘‘if the Attorney General or the 
Secretary of Homeland Security determines—’’; 
(2) by striking ‘‘that the alien may be removed’’ 
and inserting the following: 
‘‘(i) that the alien may be removed’’; 
(3) by striking ‘‘, pursuant to a bilateral or 
multilateral agreement, to’’ and inserting ‘‘to’’; 
(4) by inserting ‘‘or the Secretary, on a case by 
case basis,’’ before ‘‘finds that’’; 
(5) by striking the period at the end and insert-
ing ‘‘; or’’; and 
(6) by adding at the end the following: 
‘‘(ii) that the alien entered, attempted to enter, 
or arrived in the United States after transiting 
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through at least one country outside the alien’s 
country of citizenship, nationality, or last lawful ha-
bitual residence en route to the United States, un-
less— 
‘‘(I) the alien demonstrates that he or she 
applied for protection from persecution or tor-
ture in at least one country outside the alien’s 
country of citizenship, nationality, or last lawful 
habitual residence through which the alien 
transited en route to the United States, and the 
alien received a final judgment denying the 
alien protection in each country; 
‘‘(II) the alien demonstrates that he or she 
was a victim of a severe form of trafficking in 
which a commercial sex act was induced by 
force, fraud, or coercion, or in which the person 
induced to perform such act was under the age 
of 18 years; or in which the trafficking included 
the recruitment, harboring, transportation, pro-
vision, or obtaining of a person for labor or 
services through the use of force, fraud, or coer-
cion for the purpose of subjection to involuntary 
servitude, peonage, debt bondage, or slavery, 
and was unable to apply for protection from 
persecution in each country through which the 
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alien transited en route to the United States as 
a result of such severe form of trafficking; or 
‘‘(III) the only countries through which the 
alien transited en route to the United States 
were, at the time of the transit, not parties to 
the 1951 United Nations Convention relating to 
the Status of Refugees, the 1967 Protocol Re-
lating to the Status of Refugees, or the United 
Nations Convention against Torture and Other 
Cruel, Inhuman or Degrading Treatment or 
Punishment.’’. 
SEC. 103. 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 ‘‘there is a significant possibility’’ and all that fol-
lows, and inserting ‘‘, taking into account the credibility 
of the statements made by the alien in support of the 
alien’s claim, as determined pursuant to section 
208(b)(1)(B)(iii), and such other facts as are known to 
the officer, the alien more likely than not could establish 
eligibility for asylum under section 208, and it is more 
likely than not that the statements made by, and on behalf 
of, the alien in support of the alien’s claim are true.’’. 
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SEC. 104. CLARIFICATION OF ASYLUM ELIGIBILITY. 
(a) IN GENERAL.—Section 208(b)(1)(A) of the Im-
migration and Nationality Act (8 U.S.C. 1158(b)(1)(A)) 
is amended by inserting after ‘‘section 101(a)(42)(A)’’ the 
following: ‘‘(in accordance with the rules set forth in this 
section), and is eligible to apply for asylum under sub-
section (a)’’. 
(b) PLACE OF ARRIVAL.—Section 208(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1158(a)(1)) 
is amended— 
(1) by striking ‘‘or who arrives in the United 
States (whether or not at a designated port of ar-
rival and including an alien who is brought to the 
United States after having been interdicted in inter-
national or United States waters),’’; and 
(2) by inserting after ‘‘United States’’ the fol-
lowing: ‘‘and has arrived in the United States at a 
port of entry (including an alien who is brought to 
the United States after having been interdicted in 
international or United States waters),’’. 
SEC. 105. EXCEPTIONS. 
Paragraph (2) of section 208(b) of the Immigration 
and Nationality Act (8 U.S.C. 1158(b)(2)) is amended to 
read as follows: 
‘‘(2) EXCEPTIONS.— 
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‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to an alien if the Secretary of Home-
land Security or the Attorney General deter-
mines that— 
‘‘(i) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of any person on account of race, 
religion, nationality, membership in a par-
ticular social group, or political opinion; 
‘‘(ii) the alien has been convicted of 
any felony under Federal, State, tribal, or 
local law; 
‘‘(iii) the alien has been convicted of 
any misdemeanor offense under Federal, 
State, tribal, or local law involving— 
‘‘(I) the unlawful possession or 
use of an identification document, au-
thentication feature, or false identi-
fication document (as those terms and 
phrases are defined in the jurisdiction 
where the conviction occurred), unless 
the alien can establish that the convic-
tion 
resulted 
from 
circumstances 
showing that— 
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‘‘(aa) the document or fea-
ture was presented before board-
ing a common carrier; 
‘‘(bb) the document or fea-
ture related to the alien’s eligi-
bility to enter the United States; 
‘‘(cc) the alien used the doc-
ument or feature to depart a 
country wherein the alien has 
claimed a fear of persecution; 
and 
‘‘(dd) the alien claimed a 
fear of persecution without delay 
upon presenting himself or her-
self to an immigration officer 
upon arrival at a United States 
port of entry; 
‘‘(II) the unlawful receipt of a 
Federal public benefit (as defined in 
section 401(c) of the Personal Re-
sponsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 
1611(c))), from a Federal entity, or 
the unlawful receipt of similar public 
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benefits from a State, tribal, or local 
entity; or 
‘‘(III) possession or trafficking of 
a controlled substance or controlled 
substance paraphernalia, as those 
phrases are defined under the law of 
the jurisdiction where the conviction 
occurred, other than a single offense 
involving possession for one’s own use 
of 30 grams or less of marijuana (as 
marijuana is defined under the law of 
the jurisdiction where the conviction 
occurred); 
‘‘(iv) the alien has been convicted of 
an offense arising under paragraph (1)(A) 
or (2) of section 274(a), or under section 
276; 
‘‘(v) the alien has been convicted of a 
Federal, State, tribal, or local crime that 
the Attorney General or Secretary of 
Homeland Security knows, or has reason 
to believe, was committed in support, pro-
motion, or furtherance of the activity of a 
criminal street gang (as defined under the 
law of the jurisdiction where the conviction 
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‘‘(viii) the alien has been convicted of 
a crime— 
‘‘(I) 
that 
involves 
conduct 
amounting to a crime of stalking; 
‘‘(II) of child abuse, child ne-
glect, or child abandonment; or 
‘‘(III) 
that 
involves 
conduct 
amounting to a domestic assault or 
battery offense, including— 
‘‘(aa) a misdemeanor crime 
of domestic violence, as described 
in section 921(a)(33) of title 18, 
United States Code; 
‘‘(bb) a crime of domestic vi-
olence, as described in section 
40002(a)(12) of the Violence 
Against Women Act of 1994 (34 
U.S.C. 12291(a)(12)); or 
‘‘(cc) any crime based on 
conduct in which the alien har-
assed, coerced, intimidated, vol-
untarily or recklessly used (or 
threatened to use) force or vio-
lence against, or inflicted phys-
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ical injury or physical pain, how-
ever slight, upon a person— 
‘‘(AA) who is a current 
or former spouse of the 
alien; 
‘‘(BB) with whom the 
alien shares a child; 
‘‘(CC) who is cohabi-
tating with, or who has 
cohabitated with, the alien 
as a spouse; 
‘‘(DD) who is similarly 
situated to a spouse of the 
alien under the domestic or 
family violence laws of the 
jurisdiction where the of-
fense occurred; or 
‘‘(EE) who is protected 
from that alien’s acts under 
the domestic or family vio-
lence laws of the United 
States or of any State, tribal 
government, or unit of local 
government; 
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‘‘(ix) the alien has engaged in acts of 
battery or extreme cruelty upon a person 
and the person— 
‘‘(I) is a current or former 
spouse of the alien; 
‘‘(II) shares a child with the 
alien; 
‘‘(III) 
cohabitates 
or 
has 
cohabitated with the alien as a spouse; 
‘‘(IV) is similarly situated to a 
spouse of the alien under the domestic 
or family violence laws of the jurisdic-
tion where the offense occurred; or 
‘‘(V) is protected from that 
alien’s acts under the domestic or 
family violence laws of the United 
States or of any State, tribal govern-
ment, or unit of local government; 
‘‘(x) the alien, having been convicted 
by a final judgment of a particularly seri-
ous crime, constitutes a danger to the com-
munity of the United States; 
‘‘(xi) there are serious reasons for be-
lieving that the alien has committed a seri-
ous nonpolitical crime outside the United 
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States prior to the arrival of the alien in 
the United States; 
‘‘(xii) there are reasonable grounds 
for regarding the alien as a danger to the 
security of the United States; 
‘‘(xiii) the alien is described in sub-
clause (I), (II), (III), (IV), or (VI) of sec-
tion 
212(a)(3)(B)(i) 
or 
section 
237(a)(4)(B) (relating to terrorist activ-
ity), unless, in the case only of an alien in-
admissible under subclause (IV) of section 
212(a)(3)(B)(i), the Secretary of Home-
land Security or the Attorney General de-
termines, in the Secretary’s or the Attor-
ney General’s discretion, that there are not 
reasonable grounds for regarding the alien 
as a danger to the security of the United 
States; 
‘‘(xiv) the alien was firmly resettled in 
another country prior to arriving in the 
United States; or 
‘‘(xv) there are reasonable grounds for 
concluding the alien could avoid persecu-
tion by relocating to another part of the 
alien’s country of nationality or, in the 
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case of an alien having no nationality, an-
other part of the alien’s country of last ha-
bitual residence. 
‘‘(B) SPECIAL RULES.— 
‘‘(i) PARTICULARLY SERIOUS CRIME; 
SERIOUS
NONPOLITICAL
CRIME
OUTSIDE 
THE UNITED STATES.— 
‘‘(I) IN GENERAL.—For purposes 
of subparagraph (A)(x), the Attorney 
General or Secretary of Homeland Se-
curity, in their discretion, may deter-
mine that a conviction constitutes a 
particularly serious crime based on— 
‘‘(aa) the nature of the con-
viction; 
‘‘(bb) the type of sentence 
imposed; or 
‘‘(cc) the circumstances and 
underlying facts of the convic-
tion. 
‘‘(II) DETERMINATION.—In mak-
ing a determination under subclause 
(I), the Attorney General or Secretary 
of Homeland Security may consider 
all reliable information and is not lim-
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ited to facts found by the criminal 
court or provided in the underlying 
record of conviction. 
‘‘(III) TREATMENT
OF
FELO-
NIES.—In making a determination 
under subclause (I), an alien who has 
been convicted of a felony (as defined 
under this section) or an aggravated 
felony (as defined under section 
101(a)(43)), shall be considered to 
have been convicted of a particularly 
serious crime. 
‘‘(IV) INTERPOL RED NOTICE.— 
In making a determination under sub-
paragraph (A)(xi), an Interpol Red 
Notice may constitute reliable evi-
dence that the alien has committed a 
serious nonpolitical crime outside the 
United States. 
‘‘(ii) CRIMES AND EXCEPTIONS.— 
‘‘(I) DRIVING
WHILE
INTOXI-
CATED
OR
IMPAIRED.—A 
finding 
under subparagraph (A)(vi) does not 
require the Attorney General or Sec-
retary of Homeland Security to find 
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the first conviction for driving while 
intoxicated or impaired (including a 
conviction for driving while under the 
influence of or impaired by alcohol or 
drugs) as a predicate offense. The At-
torney General or Secretary of Home-
land Security need only make a fac-
tual determination that the alien pre-
viously was convicted for driving while 
intoxicated or impaired as those terms 
are defined under the jurisdiction 
where the conviction occurred (includ-
ing a conviction for driving while 
under the influence of or impaired by 
alcohol or drugs). 
‘‘(II) 
STALKING
AND
OTHER 
CRIMES.—In making a determination 
under subparagraph (A)(viii), includ-
ing determining the existence of a do-
mestic relationship between the alien 
and the victim, the underlying conduct 
of the crime may be considered, and 
the Attorney General or Secretary of 
Homeland Security is not limited to 
facts found by the criminal court or 
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provided in the underlying record of 
conviction. 
‘‘(III) BATTERY
OR
EXTREME 
CRUELTY.—In making a determina-
tion under subparagraph (A)(ix), the 
phrase ‘battery or extreme cruelty’ in-
cludes— 
‘‘(aa) any act or threatened 
act of violence, including any 
forceful detention, which results 
or threatens to result in physical 
or mental injury; 
‘‘(bb) psychological or sexual 
abuse or exploitation, including 
rape, 
molestation, 
incest, 
or 
forced prostitution, shall be con-
sidered acts of violence; and 
‘‘(cc) other abusive acts, in-
cluding acts that, in and of them-
selves, may not initially appear 
violent, but that are a part of an 
overall pattern of violence. 
‘‘(IV) EXCEPTION
FOR
VICTIMS 
OF
DOMESTIC
VIOLENCE.—An alien 
who was convicted of an offense de-
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scribed in clause (viii) or (ix) of sub-
paragraph (A) is not ineligible for 
asylum on that basis if the alien satis-
fies 
the 
criteria 
under 
section 
237(a)(7)(A). 
‘‘(C) SPECIFIC
CIRCUMSTANCES.—Para-
graph (1) shall not apply to an alien whose 
claim is based on— 
‘‘(i) personal animus or retribution, 
including personal animus in which the al-
leged persecutor has not targeted, or mani-
fested an animus against, other members 
of an alleged particular social group in ad-
dition to the member who has raised the 
claim at issue; 
‘‘(ii) the applicant’s generalized dis-
approval of, disagreement with, or opposi-
tion to criminal, terrorist, gang, guerilla, 
or other non-state organizations absent ex-
pressive behavior in furtherance of a dis-
crete cause against such organizations re-
lated to control of a State or expressive be-
havior that is antithetical to the State or 
a legal unit of the State; 
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‘‘(iii) the applicant’s resistance to re-
cruitment or coercion by guerrilla, crimi-
nal, gang, terrorist, or other non-state or-
ganizations; 
‘‘(iv) the targeting of the applicant for 
criminal activity for financial gain based 
on wealth or affluence or perceptions of 
wealth or affluence; 
‘‘(v) the applicant’s criminal activity; 
or 
‘‘(vi) the applicant’s perceived, past or 
present, gang affiliation. 
‘‘(D) 
DEFINITIONS
AND
CLARIFICA-
TIONS.— 
‘‘(i) DEFINITIONS.—For purposes of 
this paragraph: 
‘‘(I) FELONY.—The term ‘felony’ 
means— 
‘‘(aa) any crime defined as a 
felony by the relevant jurisdiction 
(Federal, State, tribal, or local) 
of conviction; or 
‘‘(bb) any crime punishable 
by more than one year of impris-
onment. 
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‘‘(II) MISDEMEANOR.—The term 
‘misdemeanor’ means— 
‘‘(aa) any crime defined as a 
misdemeanor by the relevant ju-
risdiction (Federal, State, tribal, 
or local) of conviction; or 
‘‘(bb) any crime not punish-
able by more than one year of 
imprisonment. 
‘‘(ii) CLARIFICATIONS.— 
‘‘(I) CONSTRUCTION.—For pur-
poses of this paragraph, whether any 
activity or conviction also may con-
stitute a basis for removal is immate-
rial to a determination of asylum eli-
gibility. 
‘‘(II) ATTEMPT, CONSPIRACY, OR 
SOLICITATION.—For purposes of this 
paragraph, all references to a criminal 
offense or criminal conviction shall be 
deemed to include any attempt, con-
spiracy, or solicitation to commit the 
offense or any other inchoate form of 
the offense. 
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‘‘(III) EFFECT OF CERTAIN OR-
DERS.— 
‘‘(aa) 
IN
GENERAL.—No 
order 
vacating 
a 
conviction, 
modifying a sentence, clarifying a 
sentence, or otherwise altering a 
conviction or sentence shall have 
any effect under this paragraph 
unless the Attorney General or 
Secretary of Homeland Security 
determines that— 
‘‘(AA) the court issuing 
the order had jurisdiction 
and authority to do so; and 
‘‘(BB) the order was 
not entered for rehabilitative 
purposes or for purposes of 
ameliorating the immigra-
tion consequences of the 
conviction or sentence. 
‘‘(bb) AMELIORATING IMMI-
GRATION
CONSEQUENCES.—For 
purposes of item (aa)(BB), the 
order shall be presumed to be for 
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the purpose of ameliorating im-
migration consequences if— 
‘‘(AA) the order was 
entered after the initiation 
of any proceeding to remove 
the alien from the United 
States; or 
‘‘(BB) the alien moved 
for the order more than one 
year after the date of the 
original order of conviction 
or sentencing, whichever is 
later. 
‘‘(cc) AUTHORITY OF IMMI-
GRATION
JUDGE.—An immigra-
tion judge is not limited to con-
sideration only of material in-
cluded in any order vacating a 
conviction, modifying a sentence, 
or clarifying a sentence to deter-
mine whether such order should 
be given any effect under this 
paragraph, but may consider 
such additional information as 
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the immigration judge determines 
appropriate. 
‘‘(E) 
ADDITIONAL
LIMITATIONS.—The 
Secretary of Homeland Security or the Attorney 
General may by regulation establish additional 
limitations and conditions, consistent with this 
section, under which an alien shall be ineligible 
for asylum under paragraph (1). 
‘‘(F) NO JUDICIAL REVIEW.—There shall 
be no judicial review of a determination of the 
Secretary of Homeland Security or the Attorney 
General under subparagraph (A)(xiii).’’. 
SEC. 106. EMPLOYMENT AUTHORIZATION. 
Paragraph (2) of section 208(d) of the Immigration 
and Nationality Act (8 U.S.C. 1158(d)) is amended to 
read as follows: 
‘‘(2) EMPLOYMENT AUTHORIZATION.— 
‘‘(A) AUTHORIZATION
PERMITTED.—An 
applicant for asylum is not entitled to employ-
ment authorization, but such authorization may 
be provided under regulation by the Secretary 
of Homeland Security. An applicant who is not 
otherwise eligible for employment authorization 
shall not be granted such authorization prior to 
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thorization under subparagraph (A), and the 
employment authorization was terminated pur-
suant to a circumstance described in subpara-
graph (B)(i), (ii), or (iii), unless a Federal 
court of appeals remands the alien’s case to the 
Board of Immigration Appeals. 
‘‘(D) INELIGIBILITY.—The Secretary of 
Homeland Security may not grant employment 
authorization to an alien under this paragraph 
if the alien— 
‘‘(i) is ineligible for asylum under sub-
section (b)(2)(A); or 
‘‘(ii) entered or attempted to enter the 
United States at a place and time other 
than lawfully through a United States port 
of entry.’’. 
SEC. 107. ASYLUM FEES. 
Paragraph (3) of section 208(d) of the Immigration 
and Nationality Act (8 U.S.C. 1158(d)) is amended to 
read as follows: 
‘‘(3) FEES.— 
‘‘(A) APPLICATION FEE.—A fee of not less 
than $50 for each application for asylum shall 
be imposed. Such fee shall not exceed the cost 
of adjudicating the application. Such fee shall 
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not apply to an unaccompanied alien child who 
files an asylum application in proceedings under 
section 240. 
‘‘(B) EMPLOYMENT
AUTHORIZATION.—A 
fee may also be imposed for the consideration 
of an application for employment authorization 
under this section and for adjustment of status 
under section 209(b). Such a fee shall not ex-
ceed the cost of adjudicating the application. 
‘‘(C) PAYMENT.—Fees under this para-
graph may be assessed and paid over a period 
of time or by installments. 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to limit the 
authority of the Attorney General or Secretary 
of Homeland Security to set adjudication and 
naturalization fees in accordance with section 
286(m).’’. 
SEC. 108. RULES FOR DETERMINING ASYLUM ELIGIBILITY. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended by adding at the end the fol-
lowing: 
‘‘(f) RULES
FOR DETERMINING ASYLUM ELIGI-
BILITY.—In making a determination under subsection 
(b)(1)(A) with respect to whether an alien is a refugee 
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within the meaning of section 101(a)(42)(A), the following 
shall apply: 
‘‘(1) PARTICULAR
SOCIAL
GROUP.—The Sec-
retary of Homeland Security or the Attorney Gen-
eral shall not determine that an alien is a member 
of a particular social group unless the alien articu-
lates on the record, or provides a basis on the record 
for determining, the definition and boundaries of the 
alleged particular social group, establishes that the 
particular social group exists independently from the 
alleged persecution, and establishes that the alien’s 
claim of membership in a particular social group 
does not involve— 
‘‘(A) past or present criminal activity or 
association (including gang membership); 
‘‘(B) presence in a country with general-
ized violence or a high crime rate; 
‘‘(C) being the subject of a recruitment ef-
fort by criminal, terrorist, or persecutory 
groups; 
‘‘(D) the targeting of the applicant for 
criminal activity for financial gain based on per-
ceptions of wealth or affluence; 
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‘‘(E) interpersonal disputes of which gov-
ernmental authorities in the relevant society or 
region were unaware or uninvolved; 
‘‘(F) private criminal acts of which govern-
mental authorities in the relevant society or re-
gion were unaware or uninvolved; 
‘‘(G) past or present terrorist activity or 
association; 
‘‘(H) past or present persecutory activity 
or association; or 
‘‘(I) status as an alien returning from the 
United States. 
‘‘(2) POLITICAL
OPINION.—The Secretary of 
Homeland Security or the Attorney General may not 
determine that an alien holds a political opinion with 
respect to which the alien is subject to persecution 
if the political opinion is constituted solely by gener-
alized disapproval of, disagreement with, or opposi-
tion to criminal, terrorist, gang, guerilla, or other 
non-state organizations and does not include expres-
sive behavior in furtherance of a cause against such 
organizations related to efforts by the State to con-
trol such organizations or behavior that is antithet-
ical to or otherwise opposes the ruling legal entity of 
the State or a unit thereof. 
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‘‘(3) PERSECUTION.—The Secretary of Home-
land Security or the Attorney General may not de-
termine that an alien has been subject to persecution 
or has a well-founded fear of persecution based only 
on— 
‘‘(A) the existence of laws or government 
policies that are unenforced or infrequently en-
forced, unless there is credible evidence that 
such a law or policy has been or would be ap-
plied to the applicant personally; or 
‘‘(B) the conduct of rogue foreign govern-
ment officials acting outside the scope of their 
official capacity. 
‘‘(4) DISCRETIONARY DETERMINATION.— 
‘‘(A) 
ADVERSE
DISCRETIONARY
FAC-
TORS.—The Secretary of Homeland Security or 
the Attorney General may only grant asylum to 
an alien if the alien establishes that he or she 
warrants a favorable exercise of discretion. In 
making such a determination, the Attorney 
General or Secretary of Homeland Security 
shall consider, if applicable, an alien’s use of 
fraudulent documents to enter the United 
States, unless the alien arrived in the United 
States by air, sea, or land directly from the ap-
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plicant’s home country without transiting 
through any other country. 
‘‘(B) FAVORABLE
EXERCISE
OF
DISCRE-
TION NOT PERMITTED.—Except as provided in 
subparagraph (C), the Attorney General or Sec-
retary of Homeland Security shall not favorably 
exercise discretion under this section for any 
alien who— 
‘‘(i) has accrued more than one year 
of unlawful presence in the United States, 
as defined in sections 212(a)(9)(B)(ii) and 
(iii), prior to filing an application for asy-
lum; 
‘‘(ii) at the time the asylum applica-
tion is filed with the immigration court or 
is referred from the Department of Home-
land Security, has— 
‘‘(I) failed to timely file (or time-
ly file a request for an extension of 
time to file) any required Federal, 
State, or local income tax returns; 
‘‘(II) failed to satisfy any out-
standing Federal, State, or local tax 
obligations; or 
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‘‘(III) income that would result 
in tax liability under section 1 of the 
Internal Revenue Code of 1986 and 
that was not reported to the Internal 
Revenue Service; 
‘‘(iii) has had two or more prior asy-
lum applications denied for any reason; 
‘‘(iv) has withdrawn a prior asylum 
application with prejudice or been found to 
have abandoned a prior asylum application; 
‘‘(v) failed to attend an interview re-
garding his or her asylum application with 
the Department of Homeland Security, un-
less the alien shows by a preponderance of 
the evidence that— 
‘‘(I) exceptional circumstances 
prevented the alien from attending the 
interview; or 
‘‘(II) the interview notice was not 
mailed to the last address provided by 
the alien or the alien’s representative 
and neither the alien nor the alien’s 
representative received notice of the 
interview; or 
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‘‘(vi) was subject to a final order of 
removal, deportation, or exclusion and did 
not file a motion to reopen to seek asylum 
based on changed country conditions with-
in one year of the change in country condi-
tions. 
‘‘(C) EXCEPTIONS.—If one or more of the 
adverse discretionary factors set forth in sub-
paragraph (B) are present, the Attorney Gen-
eral or the Secretary, may, notwithstanding 
such subparagraph (B), favorably exercise dis-
cretion under section 208— 
‘‘(i) in extraordinary circumstances, 
such as those involving national security or 
foreign policy considerations; or 
‘‘(ii) if the alien, by clear and con-
vincing evidence, demonstrates that the de-
nial of the application for asylum would re-
sult in exceptional and extremely unusual 
hardship to the alien. 
‘‘(5) LIMITATION.—If the Secretary or the At-
torney General determines that an alien fails to sat-
isfy the requirement under paragraph (1), the alien 
may not be granted asylum based on membership in 
a particular social group, and may not appeal the 
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determination of the Secretary or Attorney General, 
as applicable. A determination under this paragraph 
shall not serve as the basis for any motion to reopen 
or reconsider an application for asylum or with-
holding of removal for any reason, including a claim 
of ineffective assistance of counsel, unless the alien 
complies with the procedural requirements for such 
a motion and demonstrates that counsel’s failure to 
define, or provide a basis for defining, a formulation 
of a particular social group was both not a strategic 
choice and constituted egregious conduct. 
‘‘(6) STEREOTYPES.—Evidence offered in sup-
port of an application for asylum that promotes cul-
tural stereotypes about a country, its inhabitants, or 
an alleged persecutor, including stereotypes based on 
race, religion, nationality, or gender, shall not be ad-
missible in adjudicating that application, except that 
evidence 
that 
an 
alleged 
persecutor 
holds 
stereotypical views of the applicant shall be admis-
sible. 
‘‘(7) DEFINITIONS.—In this section: 
‘‘(A) The term ‘membership in a particular 
social group’ means membership in a group 
that is— 
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‘‘(i) composed of members who share 
a common immutable characteristic; 
‘‘(ii) defined with particularity; and 
‘‘(iii) socially distinct within the soci-
ety in question. 
‘‘(B) The term ‘political opinion’ means an 
ideal or conviction in support of the furtherance 
of a discrete cause related to political control of 
a state or a unit thereof. 
‘‘(C) The term ‘persecution’ means the in-
fliction of a severe level of harm constituting an 
exigent threat by the government of a country 
or by persons or an organization that the gov-
ernment was unable or unwilling to control. 
Such term does not include— 
‘‘(i) generalized harm or violence that 
arises out of civil, criminal, or military 
strife in a country; 
‘‘(ii) all treatment that the United 
States regards as unfair, offensive, unjust, 
unlawful, or unconstitutional; 
‘‘(iii) intermittent harassment, includ-
ing brief detentions; 
‘‘(iv) threats with no actual effort to 
carry out the threats, except that particu-
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larized threats of severe harm of an imme-
diate and menacing nature made by an 
identified entity may constitute persecu-
tion; or 
‘‘(v) non-severe economic harm or 
property damage.’’. 
SEC. 109. FIRM RESETTLEMENT. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158), as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(g) FIRM RESETTLEMENT.—In determining wheth-
er an alien was firmly resettled in another country prior 
to arriving in the United States under subsection 
(b)(2)(A)(xiv), the following shall apply: 
‘‘(1) IN GENERAL.—An alien shall be consid-
ered to have firmly resettled in another country if, 
after the events giving rise to the alien’s asylum 
claim— 
‘‘(A) the alien resided in a country through 
which the alien transited prior to arriving in or 
entering the United States and— 
‘‘(i) received or was eligible for any 
permanent legal immigration status in that 
country; 
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‘‘(ii) resided in such a country with 
any non-permanent but indefinitely renew-
able legal immigration status (including 
asylee, refugee, or similar status, but ex-
cluding status of a tourist); or 
‘‘(iii) resided in such a country and 
could have applied for and obtained an im-
migration status described in clause (ii); 
‘‘(B) the alien physically resided volun-
tarily, and without continuing to suffer persecu-
tion or torture, in any one country for one year 
or more after departing his country of nation-
ality or last habitual residence and prior to ar-
rival in or entry into the United States, except 
for any time spent in Mexico by an alien who 
is not a native or citizen of Mexico solely as a 
direct result of being returned to Mexico pursu-
ant to section 235(b)(2)(C) or of being subject 
to metering; or 
‘‘(C) the alien is a citizen of a country 
other than the country in which the alien al-
leges a fear of persecution, or was a citizen of 
such a country in the case of an alien who re-
nounces such citizenship, and the alien was 
present in that country after departing his 
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country of nationality or last habitual residence 
and prior to arrival in or entry into the United 
States; 
‘‘(2) BURDEN OF PROOF.—If an immigration 
judge determines that an alien has firmly resettled 
in another country under paragraph (1), the alien 
shall bear the burden of proving the bar does not 
apply. 
‘‘(3) FIRM
RESETTLEMENT
OF
PARENT.—An 
alien shall be presumed to have been firmly resettled 
in another country if the alien’s parent was firmly 
resettled in another country, the parent’s resettle-
ment occurred before the alien turned 18 years of 
age, and the alien resided with such parent at the 
time of the firm resettlement, unless the alien estab-
lishes that he or she could not have derived any per-
manent legal immigration status or any non-perma-
nent but indefinitely renewable legal immigration 
status (including asylum, refugee, or similar status, 
but excluding status of a tourist) from the alien’s 
parent.’’. 
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SEC. 110. NOTICE CONCERNING FRIVOLOUS ASYLUM AP-
PLICATIONS. 
(a) IN GENERAL.—Section 208(d)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 
amended— 
(1) in the matter preceding subparagraph (A), 
by inserting ‘‘the Secretary of Homeland Security 
or’’ before ‘‘the Attorney General’’; 
(2) in subparagraph (A), by striking ‘‘and of 
the consequences, under paragraph (6), of knowingly 
filing a frivolous application for asylum; and’’ and 
inserting a semicolon; 
(3) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) ensure that a written warning ap-
pears on the asylum application advising the 
alien of the consequences of filing a frivolous 
application and serving as notice to the alien of 
the consequence of filing a frivolous applica-
tion.’’. 
(b) CONFORMING AMENDMENT.—Section 208(d)(6) 
of the Immigration and Nationality Act (8 U.S.C. 
1158(d)(6)) is amended by striking ‘‘If the’’ and all that 
follows and inserting: 
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‘‘(A) IN
GENERAL.—If the Secretary of 
Homeland Security or the Attorney General de-
termines that an alien has knowingly made a 
frivolous application for asylum and the alien 
has received the notice under paragraph (4)(C), 
the alien shall be permanently ineligible for any 
benefits under this chapter, effective as the date 
of the final determination of such an applica-
tion. 
‘‘(B) CRITERIA.—An application is frivo-
lous if the Secretary of Homeland Security or 
the Attorney General determines, consistent 
with subparagraph (C), that— 
‘‘(i) it is so insufficient in substance 
that it is clear that the applicant know-
ingly filed the application solely or in part 
to delay removal from the United States, 
to seek employment authorization as an 
applicant for asylum pursuant to regula-
tions issued pursuant to paragraph (2), or 
to seek issuance of a Notice to Appear in 
order to pursue Cancellation of Removal 
under section 240A(b); or 
‘‘(ii) any of the material elements are 
knowingly fabricated. 
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‘‘(C) SUFFICIENT OPPORTUNITY TO CLAR-
IFY.—In determining that an application is friv-
olous, the Secretary or the Attorney General, 
must be satisfied that the applicant, during the 
course of the proceedings, has had sufficient op-
portunity to clarify any discrepancies or implau-
sible aspects of the claim. 
‘‘(D) WITHHOLDING
OF
REMOVAL
NOT 
PRECLUDED.—For purposes of this section, a 
finding that an alien filed a frivolous asylum 
application shall not preclude the alien from 
seeking withholding of removal under section 
241(b)(3) or protection pursuant to the Con-
vention Against Torture.’’. 
SEC. 111. TECHNICAL AMENDMENTS. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(D), by inserting 
‘‘Secretary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(B) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; 
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(2) in subsection (b)(2), by inserting ‘‘Secretary 
of Homeland Security or the’’ before ‘‘Attorney Gen-
eral’’ each place such term appears; 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘Attor-
ney General’’ each place such term appears and 
inserting ‘‘Secretary of Homeland Security’’; 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(C) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(4) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’ each place such term ap-
pears; 
(B) in paragraph (2), by striking ‘‘Attor-
ney General’’ and inserting ‘‘Secretary of 
Homeland Security’’; and 
(C) in paragraph (5)— 
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(i) in subparagraph (A), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(ii) in subparagraph (B), by inserting 
‘‘Secretary of Homeland Security or the’’ 
before ‘‘Attorney General’’. 
SEC. 112. REQUIREMENT FOR PROCEDURES RELATING TO 
CERTAIN ASYLUM APPLICATIONS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Attorney General 
shall establish procedures to expedite the adjudication of 
asylum applications for aliens— 
(1) who are subject to removal proceedings 
under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a); and 
(2) who are nationals of a Western Hemisphere 
country sanctioned by the United States, as de-
scribed in subsection (b), as of January 1, 2023. 
(b) WESTERN HEMISPHERE COUNTRY SANCTIONED 
BY THE UNITED STATES DESCRIBED.—Subsection (a) 
shall apply only to an asylum application filed by an alien 
who is a national of a Western Hemisphere country sub-
ject to sanctions pursuant to— 
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(1) the Cuban Liberty and Democratic Soli-
darity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 
note); 
(2) the Reinforcing Nicaragua’s Adherence to 
Conditions for Electoral Reform Act of 2021 or the 
RENACER Act (50 U.S.C. 1701 note); or 
(3) Executive Order 13692 (80 Fed. Reg. 
12747; declaring a national emergency with respect 
to the situation in Venezuela). 
(c) APPLICABILITY.—This section shall only apply to 
an alien who files an application for asylum after the date 
of the enactment of this Act. 
TITLE II—BORDER SAFETY AND 
MIGRANT PROTECTION 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Border Safety and 
Migrant Protection Act of 2023’’. 
SEC. 202. INSPECTION OF APPLICANTS FOR ADMISSION. 
Section 235 of the Immigration and Nationality Act 
(8 U.S.C. 1225) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) in clauses (i) and (ii), by 
striking ‘‘section 212(a)(6)(C)’’ in-
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serting ‘‘subparagraph (A) or (C) of 
section 212(a)(6)’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(iv) INELIGIBILITY
FOR
PAROLE.— 
An alien described in clause (i) or (ii) shall 
not be eligible for parole except as ex-
pressly authorized pursuant to section 
212(d)(5), or for parole or release pursu-
ant to section 236(a).’’; and 
(ii) in subparagraph (B)— 
(I) in clause (ii), by striking 
‘‘asylum.’’ and inserting ‘‘asylum and 
shall not be released (including pursu-
ant to parole or release pursuant to 
section 236(a) but excluding as ex-
pressly authorized pursuant to section 
212(d)(5)) other than to be removed 
or returned to a country as described 
in paragraph (3).’’; and 
(II) in clause (iii)(IV)— 
(aa) in the header by strik-
ing ‘‘DETENTION’’ and inserting 
‘‘DETENTION, RETURN, OR
RE-
MOVAL’’; and 
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(bb) by adding at the end 
the following: ‘‘The alien shall 
not be released (including pursu-
ant to parole or release pursuant 
to section 236(a) but excluding 
as expressly authorized pursuant 
to section 212(d)(5)) other than 
to be removed or returned to a 
country as described in para-
graph (3).’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘Subject to sub-
paragraphs (B) and (C),’’ and insert-
ing ‘‘Subject to subparagraph (B) and 
paragraph (3),’’; and 
(II) by adding at the end the fol-
lowing: ‘‘The alien shall not be re-
leased (including pursuant to parole 
or release pursuant to section 236(a) 
but excluding as expressly authorized 
pursuant to section 212(d)(5)) other 
than to be removed or returned to a 
country as described in paragraph 
(3).’’; and 
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(ii) by striking subparagraph (C); 
(C) by redesignating paragraph (3) as 
paragraph (6); and 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) RETURN TO FOREIGN TERRITORY CONTIG-
UOUS TO THE UNITED STATES.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may return to a foreign ter-
ritory contiguous to the United States any alien 
arriving on land from that territory (whether or 
not at a designated port of entry) pending a 
proceeding under section 240 or review of a de-
termination under subsection (b)(1)(B)(iii)(III). 
‘‘(B) MANDATORY
RETURN.—If at any 
time the Secretary of Homeland Security can-
not— 
‘‘(i) comply with its obligations to de-
tain an alien as required under clause (ii) 
and (iii)(IV) of subsection (b)(1)(B) and 
subsection (b)(2)(A); or 
‘‘(ii) remove an alien to a country de-
scribed in section 208(a)(2)(A), 
the Secretary of Homeland Security shall, with-
out exception, including pursuant to parole or 
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release pursuant to section 236(a) but exclud-
ing as expressly authorized pursuant to section 
212(d)(5), return to a foreign territory contig-
uous to the United States any alien arriving on 
land from that territory (whether or not at a 
designated port of entry) pending a proceeding 
under section 240 or review of a determination 
under subsection (b)(1)(B)(iii)(III). 
‘‘(4) REQUIRED
SUSPENSION
OF
ENTRY
OF 
ALIENS.—Notwithstanding any other provision of 
law, the Secretary of Homeland Security shall pro-
hibit the entry of aliens who are inadmissible under 
subparagraph (A) or (C) of section 212(a)(6) or 
under section 212(a)(7) for any period during which 
the Secretary cannot comply with the requirements 
under section 212(b)(3)(B). 
‘‘(5) ENFORCEMENT
BY
STATE
ATTORNEYS 
GENERAL.—The attorney general of a State, or 
other authorized State officer, alleging a violation of 
the detention, return, removal, or suspension re-
quirements under paragraph (1), (2), (3), or (4) 
that affects such State or its residents, may bring 
an action against the Secretary of Homeland Secu-
rity on behalf of the residents of the State in an ap-
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propriate United States district court to obtain ap-
propriate injunctive relief.’’; and 
(2) by adding at the end the following: 
‘‘(e) AUTHORITY TO PROHIBIT INTRODUCTION OF 
CERTAIN ALIENS.—If the Secretary of Homeland Security 
determines, in his discretion, that the prohibition of the 
introduction of aliens who are inadmissible under subpara-
graph (A) or (C) of section 212(a)(6) or under section 
212(a)(7) at an international land or maritime border of 
the United States is necessary to achieve operational con-
trol (as defined in section 2 of the Secure Fence Act of 
2006 (8 U.S.C. 1701 note)) of such border, the Secretary 
may prohibit, in whole or in part, the introduction of such 
aliens at such border for such period of time as the Sec-
retary determines is necessary for such purpose.’’. 
TITLE III—ENSURING UNITED 
FAMILIES AT THE BORDER 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Ensuring United 
Families at the Border Act’’. 
SEC. 302. CLARIFICATION OF STANDARDS FOR FAMILY DE-
TENTION. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
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Act of 2008 (8 U.S.C. 1232) is amended by adding at 
the end the following: 
‘‘(j) CONSTRUCTION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, judicial determination, consent de-
cree, or settlement agreement, the detention of any 
alien child who is not an unaccompanied alien child 
shall be governed by sections 217, 235, 236, and 
241 of the Immigration and Nationality Act (8 
U.S.C. 1187, 1225, 1226, and 1231). There is no 
presumption that an alien child who is not an unac-
companied alien child should not be detained. 
‘‘(2) FAMILY
DETENTION.—The Secretary of 
Homeland Security shall— 
‘‘(A) maintain the care and custody of an 
alien, during the period during which the 
charges described in clause (i) are pending, 
who— 
‘‘(i) is charged only with a mis-
demeanor offense under section 275(a) of 
the Immigration and Nationality Act (8 
U.S.C. 1325(a)); and 
‘‘(ii) entered the United States with 
the alien’s child who has not attained 18 
years of age; and 
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‘‘(B) detain the alien with the alien’s 
child.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the amendments in this section to section 235 
of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 (8 U.S.C. 1232) are intended 
to satisfy the requirements of the Settlement Agreement 
in Flores v. Meese, No. 85–4544 (C.D. Cal), as approved 
by the court on January 28, 1997, with respect to its in-
terpretation in Flores v. Johnson, 212 F. Supp. 3d 864 
(C.D. Cal. 2015), that the agreement applies to accom-
panied minors. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to all actions that occur 
before, on, or after the date of the enactment of this Act. 
(d) PREEMPTION OF STATE LICENSING REQUIRE-
MENTS.—Notwithstanding any other provision of law, ju-
dicial determination, consent decree, or settlement agree-
ment, no State may require that an immigration detention 
facility used to detain children who have not attained 18 
years of age, or families consisting of one or more of such 
children and the parents or legal guardians of such chil-
dren, that is located in that State, be licensed by the State 
or any political subdivision thereof. 
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TITLE IV—PROTECTION OF 
CHILDREN 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Protection of Children 
Act of 2023’’. 
SEC. 402. FINDINGS. 
Congress makes the following findings: 
(1) Implementation of the provisions of the 
Trafficking Victims Protection Reauthorization Act 
of 2008 that govern unaccompanied alien children 
has incentivized multiple surges of unaccompanied 
alien children arriving at the southwest border in the 
years since the bill’s enactment. 
(2) The provisions of the Trafficking Victims 
Protection Reauthorization Act of 2008 that govern 
unaccompanied alien children treat unaccompanied 
alien children from countries that are contiguous to 
the United States disparately by swiftly returning 
them to their home country absent indications of 
trafficking or a credible fear of return, but allowing 
for the release of unaccompanied alien children from 
noncontiguous countries into the interior of the 
United States, often to those individuals who paid to 
smuggle them into the country in the first place. 
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(3) The provisions of the Trafficking Victims 
Protection Reauthorization Act of 2008 governing 
unaccompanied alien children have enriched the car-
tels, who profit hundreds of millions of dollars each 
year by smuggling unaccompanied alien children to 
the southwest border, exploiting and sexually abus-
ing many such unaccompanied alien children on the 
perilous journey. 
(4) Prior to 2008, the number of unaccom-
panied alien children encountered at the southwest 
border never exceeded 1,000 in a single year. 
(5) The United States is currently in the midst 
of the worst crisis of unaccompanied alien children 
in our nation’s history, with over 350,000 such un-
accompanied alien children encountered at the 
southwest border since Joe Biden became President. 
(6) In 2022, during the Biden Administration, 
152,057 unaccompanied alien children were encoun-
tered, the most ever in a single year and an over 
400 percent increase compared to the last full fiscal 
year of the Trump Administration in which 33,239 
unaccompanied alien children were encountered. 
(7) The Biden Administration has lost contact 
with at least 85,000 unaccompanied alien children 
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who entered the United States since Joe Biden took 
office. 
(8) The Biden Administration dismantled effec-
tive safeguards put in place by the Trump Adminis-
tration that protected unaccompanied alien children 
from being abused by criminals or exploited for ille-
gal and dangerous child labor. 
(9) A recent New York Times investigation 
found that unaccompanied alien children are being 
exploited in the labor market and ‘‘are ending up in 
some of the most punishing jobs in the country.’’. 
(10) The Times investigation found unaccom-
panied alien children, ‘‘under intense pressure to 
earn money’’ in order to ‘‘send cash back to their 
families while often being in debt to their sponsors 
for smuggling fees, rent, and living expenses,’’ 
feared ‘‘that they had become trapped in cir-
cumstances they never could have imagined.’’. 
(11) The Biden Administration’s Department of 
Health and Human Services Secretary Xavier 
Becerra compared placing unaccompanied alien chil-
dren with sponsors, to widgets in an assembly line, 
stating that, ‘‘If Henry Ford had seen this in his 
plant, he would have never become famous and rich. 
This is not the way you do an assembly line.’’. 
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(12) Department of Health and Human Serv-
ices employees working under Secretary Xavier 
Becerra’s leadership penned a July 2021 memo-
randum expressing serious concern that ‘‘labor traf-
ficking was increasing’’ and that the agency had be-
come ‘‘one that rewards individuals for making quick 
releases, and not one that rewards individuals for 
preventing unsafe releases.’’. 
(13) Despite this, Secretary Xavier Becerra 
pressured then-Director of the Office of Refugee Re-
settlement Cindy Huang to prioritize releases of un-
accompanied alien children over ensuring their safe-
ty, telling her ‘‘if she could not increase the number 
of discharges he would find someone who could’’ and 
then-Director Huang resigned one month later. 
(14) In June 2014, the Obama-Biden Adminis-
tration requested legal authority to exercise discre-
tion in returning and removing unaccompanied alien 
children from non-contiguous countries back to their 
home countries. 
(15) In August 2014, the House of Representa-
tives passed H.R. 5320, which included the Protec-
tion of Children Act. 
(16) The Protection of Children Act of 2023 
ends the disparate policies of the Trafficking Victims 
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Protection Reauthorization Act of 2008 by ensuring 
the swift return of all unaccompanied alien children 
to their country of origin if they are not victims of 
trafficking and do not have a fear of return. 
SEC. 403. REPATRIATION OF UNACCOMPANIED ALIEN CHIL-
DREN. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) by amending the heading to read 
as follows: ‘‘RULES FOR UNACCOMPANIED 
ALIEN CHILDREN.—’’; 
(ii) 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); and 
(iii) in subparagraph (B)— 
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(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 be-
fore ‘‘permit such child to withdraw’’ 
the following: ‘‘may’’; and 
(III) in clause (ii), by inserting 
before ‘‘return such child’’ the fol-
lowing: ‘‘shall’’; and 
(B) in paragraph (5)(D)— 
(i) in the matter preceding clause (i), 
by striking ‘‘, except for an unaccompanied 
alien child from a contiguous country sub-
ject to the exceptions under subsection 
(a)(2),’’ and inserting ‘‘who does not meet 
the criteria listed in paragraph (2)(A)’’; 
and 
(ii) in clause (i), by inserting before 
the semicolon at the end the following: ‘‘, 
which shall include a hearing before an im-
migration judge not later than 14 days 
after being screened under paragraph (4)’’; 
(2) in subsection (b)— 
(A) in paragraph (2)— 
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(i) in subparagraph (A), by inserting 
before the semicolon the following: ‘‘be-
lieved not to meet the criteria listed in sub-
section (a)(2)(A)’’; and 
(ii) in subparagraph (B), by inserting 
before the period the following: ‘‘and does 
not meet the criteria listed in subsection 
(a)(2)(A)’’; and 
(B) in paragraph (3), by striking ‘‘an un-
accompanied alien child in custody shall’’ and 
all that follows, and inserting the following: ‘‘an 
unaccompanied alien child in custody— 
‘‘(A) in the case of a child who does not 
meet the criteria listed in subsection (a)(2)(A), 
shall transfer the custody of such child to the 
Secretary of Health and Human Services not 
later than 30 days after determining that such 
child is an unaccompanied alien child who does 
not meet such criteria; or 
‘‘(B) in the case of a child who meets the 
criteria listed in subsection (a)(2)(A), may 
transfer the custody of such child to the Sec-
retary of Health and Human Services after de-
termining that such child is an unaccompanied 
alien child who meets such criteria.’’; and 
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(3) in subsection (c)— 
(A) in paragraph (3), by inserting at the 
end the following: 
‘‘(D) INFORMATION
ABOUT
INDIVIDUALS 
WITH WHOM CHILDREN ARE PLACED.— 
‘‘(i) INFORMATION TO BE PROVIDED 
TO HOMELAND SECURITY.—Before placing 
a child with an individual, the Secretary of 
Health and Human Services shall provide 
to the Secretary of Homeland Security, re-
garding the individual with whom the child 
will be placed, information on— 
‘‘(I) the name of the individual; 
‘‘(II) the social security number 
of the individual; 
‘‘(III) the date of birth of the in-
dividual; 
‘‘(IV) the location of the individ-
ual’s residence where the child will be 
placed; 
‘‘(V) the immigration status of 
the individual, if known; and 
‘‘(VI) contact information for the 
individual. 
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‘‘(ii) ACTIVITIES OF THE SECRETARY 
OF HOMELAND SECURITY.—Not later than 
30 days after receiving the information 
listed in clause (i), the Secretary of Home-
land Security, upon determining that an 
individual with whom a child is placed is 
unlawfully present in the United States 
and not in removal proceedings pursuant 
to chapter 4 of title II of the Immigration 
and Nationality Act (8 U.S.C. 1221 et 
seq.), shall initiate such removal pro-
ceedings.’’; and 
(B) in paragraph (5)— 
(i) by inserting after ‘‘to the greatest 
extent practicable’’ the following: ‘‘(at no 
expense to the Government)’’; and 
(ii) by striking ‘‘have counsel to rep-
resent them’’ and inserting ‘‘have access to 
counsel to represent them’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to any unaccompanied alien child 
apprehended on or after the date that is 30 days after 
the date of enactment of this Act. 
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SEC. 404. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM-
MIGRANTS UNABLE TO REUNITE WITH EI-
THER PARENT. 
Section 101(a)(27)(J) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(27)(J)) is amended— 
(1) in clause (i), by striking ‘‘, and whose reuni-
fication with 1 or both of the immigrant’s parents 
is not viable due to abuse, neglect, abandonment, or 
a similar basis found under State law’’; and 
(2) in clause (iii)— 
(A) in subclause (I), by striking ‘‘and’’ at 
the end; 
(B) in subclause (II), by inserting ‘‘and’’ 
after the semicolon; and 
(C) by adding at the end the following: 
‘‘(III) an alien may not be grant-
ed special immigrant status under this 
subparagraph if the alien’s reunifica-
tion with any one parent or legal 
guardian is not precluded by abuse, 
neglect, abandonment, or any similar 
cause under State law;’’. 
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TITLE V—VISA OVERSTAYS 
PENALTIES 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Visa Overstays Pen-
alties Act’’. 
SEC. 502. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR 
PRESENCE. 
Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended— 
(1) in subsection (a) by inserting after ‘‘for a 
subsequent commission of any such offense’’ the fol-
lowing: ‘‘or if the alien was previously convicted of 
an offense under subsection (e)(2)(A)’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘at least 
$50 and not more than $250’’ and inserting 
‘‘not less than $500 and not more than 
$1,000’’; and 
(B) in paragraph (2), by inserting after 
‘‘in the case of an alien who has been previously 
subject to a civil penalty under this subsection’’ 
the following: ‘‘or subsection (e)(2)(B)’’; and 
(3) by adding at the end the following: 
‘‘(e) VISA OVERSTAYS.— 
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‘‘(1) IN GENERAL.—An alien who was admitted 
as a nonimmigrant has violated this paragraph if the 
alien, for an aggregate of 10 days or more, has 
failed— 
‘‘(A) to maintain the nonimmigrant status 
in which the alien was admitted, or to which it 
was changed under section 248, including com-
plying with the period of stay authorized by the 
Secretary of Homeland Security in connection 
with such status; or 
‘‘(B) to comply otherwise with the condi-
tions of such nonimmigrant status. 
‘‘(2) PENALTIES.—An alien who has violated 
paragraph (1)— 
‘‘(A) shall— 
‘‘(i) for the first commission of such a 
violation, be fined under title 18, United 
States Code, or imprisoned not more than 
6 months, or both; and 
‘‘(ii) for a subsequent commission of 
such a violation, or if the alien was pre-
viously convicted of an offense under sub-
section (a), be fined under such title 18, or 
imprisoned not more than 2 years, or both; 
and 
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‘‘(B) in addition to, and not in lieu of, any 
penalty under subparagraph (A) and any other 
criminal or civil penalties that may be imposed, 
shall be subject to a civil penalty of— 
‘‘(i) not less than $500 and not more 
than $1,000 for each violation; or 
‘‘(ii) twice the amount specified in 
clause (i), in the case of an alien who has 
been previously subject to a civil penalty 
under this subparagraph or subsection 
(b).’’. 
TITLE VI—IMMIGRATION 
PAROLE REFORM 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Immigration Parole 
Reform Act of 2023’’. 
SEC. 602. IMMIGRATION PAROLE REFORM. 
Section 212(d)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1182(d)(5)) is amended to read as follows: 
‘‘(5)(A) Except as provided in subparagraphs 
(B) and (C) and section 214(f), the Secretary of 
Homeland Security, in the discretion of the Sec-
retary, may temporarily parole into the United 
States any alien applying for admission to the 
United States who is not present in the United 
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States, under such conditions as the Secretary may 
prescribe, on a case-by-case basis, and not according 
to eligibility criteria describing an entire class of po-
tential parole recipients, for urgent humanitarian 
reasons or significant public benefit. Parole granted 
under this subparagraph may not be regarded as an 
admission of the alien. When the purposes of such 
parole have been served in the opinion of the Sec-
retary, the alien shall immediately return or be re-
turned to the custody from which the alien was pa-
roled. After such return, the case of the alien shall 
be dealt with in the same manner as the case of any 
other applicant for admission to the United States. 
‘‘(B) The Secretary of Homeland Security may 
grant parole to any alien who— 
‘‘(i) is present in the United States without 
lawful immigration status; 
‘‘(ii) is the beneficiary of an approved peti-
tion under section 203(a); 
‘‘(iii) is not otherwise inadmissible or re-
movable; and 
‘‘(iv) is the spouse or child of a member of 
the Armed Forces serving on active duty. 
‘‘(C) The Secretary of Homeland Security may 
grant parole to any alien— 
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‘‘(i) who is a national of the Republic of 
Cuba and is living in the Republic of Cuba; 
‘‘(ii) who is the beneficiary of an approved 
petition under section 203(a); 
‘‘(iii) for whom an immigrant visa is not 
immediately available; 
‘‘(iv) who meets all eligibility requirements 
for an immigrant visa; 
‘‘(v) who is not otherwise inadmissible; and 
‘‘(vi) who is receiving a grant of parole in 
furtherance of the commitment of the United 
States to the minimum level of annual legal mi-
gration of Cuban nationals to the United States 
specified in the U.S.-Cuba Joint Communique´ 
on Migration, done at New York September 9, 
1994, and reaffirmed in the Cuba-United 
States: Joint Statement on Normalization of 
Migration, Building on the Agreement of Sep-
tember 9, 1994, done at New York May 2, 
1995. 
‘‘(D) The Secretary of Homeland Security may 
grant parole to an alien who is returned to a contig-
uous country under section 235(b)(2)(C) to allow 
the alien to attend the alien’s immigration hearing. 
The grant of parole shall not exceed the time re-
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quired for the alien to be escorted to, and attend, 
the alien’s immigration hearing scheduled on the 
same calendar day as the grant, and to immediately 
thereafter be escorted back to the contiguous coun-
try. A grant of parole under this subparagraph shall 
not be considered for purposes of determining 
whether the alien is inadmissible under this Act. 
‘‘(E) For purposes of determining an alien’s eli-
gibility for parole under subparagraph (A), an ur-
gent humanitarian reason shall be limited to cir-
cumstances in which the alien establishes that— 
‘‘(i)(I) the alien has a medical emergency; 
and 
‘‘(II)(aa) the alien cannot obtain necessary 
treatment in the foreign state in which the alien 
is residing; or 
‘‘(bb) the medical emergency is life-threat-
ening and there is insufficient time for the alien 
to be admitted to the United States through the 
normal visa process; 
‘‘(ii) the alien is the parent or legal guard-
ian of an alien described in clause (i) and the 
alien described in clause (i) is a minor; 
‘‘(iii) the alien is needed in the United 
States in order to donate an organ or other tis-
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sue for transplant and there is insufficient time 
for the alien to be admitted to the United 
States through the normal visa process; 
‘‘(iv) 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 to the United 
States through the normal visa process; 
‘‘(v) the alien is seeking to attend the fu-
neral of a close family member and the alien 
could not arrive in the United States in time to 
attend such funeral if the alien were to be ad-
mitted to the United States through the normal 
visa process; 
‘‘(vi) the alien is an adopted child with an 
urgent medical condition who is in the legal 
custody of the petitioner for a final adoption-re-
lated visa and whose medical treatment is re-
quired before the expected award of a final 
adoption-related visa; or 
‘‘(vii) the alien is a lawful applicant for ad-
justment of status under section 245 and is re-
turning to the United States after temporary 
travel abroad. 
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‘‘(F) For purposes of determining an alien’s eli-
gibility for parole under subparagraph (A), a signifi-
cant public benefit may be determined to result from 
the parole of an alien only if— 
‘‘(i) the alien has assisted (or will assist, 
whether knowingly or not) the United States 
Government in a law enforcement matter; 
‘‘(ii) the alien’s presence is required by the 
Government in furtherance of such law enforce-
ment matter; and 
‘‘(iii) the alien is inadmissible, does not 
satisfy the eligibility requirements for admission 
as a nonimmigrant, or there is insufficient time 
for the alien to be admitted to the United 
States through the normal visa process. 
‘‘(G) For purposes of determining an alien’s eli-
gibility for parole under subparagraph (A), the term 
‘case-by-case basis’ means that the facts in each in-
dividual case are considered and parole is not grant-
ed based on membership in a defined class of aliens 
to be granted parole. The fact that aliens are consid-
ered for or granted parole one-by-one and not as a 
group is not sufficient to establish that the parole 
decision is made on a ‘case-by-case basis’. 
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‘‘(H) The Secretary of Homeland Security may 
not use the parole authority under this paragraph to 
parole an alien into the United States for any reason 
or purpose other than those described in subpara-
graphs (B), (C), (D), (E), and (F). 
‘‘(I) An alien granted parole may not accept 
employment, except that an alien granted parole 
pursuant to subparagraph (B) or (C) is authorized 
to accept employment for the duration of the parole, 
as evidenced by an employment authorization docu-
ment issued by the Secretary of Homeland Security. 
‘‘(J) Parole granted after a departure from the 
United States shall not be regarded as an admission 
of the alien. An alien granted parole, whether as an 
initial grant of parole or parole upon reentry into 
the United States, is not eligible to adjust status to 
lawful permanent residence or for any other immi-
gration benefit if the immigration status the alien 
had at the time of departure did not authorize the 
alien to adjust status or to be eligible for such ben-
efit. 
‘‘(K)(i) Except as provided in clauses (ii) and 
(iii), parole shall be granted to an alien under this 
paragraph for the shorter of— 
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‘‘(I) a period of sufficient length to accom-
plish the activity described in subparagraph 
(D), (E), or (F) for which the alien was grant-
ed parole; or 
‘‘(II) 1 year. 
‘‘(ii) Grants of parole pursuant to subparagraph 
(A) may be extended once, in the discretion of the 
Secretary, for an additional period that is the short-
er of— 
‘‘(I) the period that is necessary to accom-
plish the activity described in subparagraph (E) 
or (F) for which the alien was granted parole; 
or 
‘‘(II) 1 year. 
‘‘(iii) Aliens who have a pending application to 
adjust status to permanent residence under section 
245 may request extensions of parole under this 
paragraph, in 1-year increments, until the applica-
tion for adjustment has been adjudicated. Such pa-
role shall terminate immediately upon the denial of 
such adjustment application. 
‘‘(L) Not later than 90 days after the last day 
of each fiscal year, the Secretary of Homeland Secu-
rity shall submit to the Committee on the Judiciary 
of the Senate and the Committee on the Judiciary 
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