Secure and Protect Act of 2021
Bill: S.959 | Sponsor: Sen. Graham, Lindsey (R-SC)
Policy area: Immigration

Summary:
Secure and Protect Act of 2021
This bill makes changes to the handling of unaccompanied alien children and asylum applications.
The Flores settlement (a court settlement imposing conditions on the treatment of detained alien minors) shall not restrict any activities. The Department of Homeland Security (DHS) shall have sole discretion as to detention standards of alien minors.
Statutory provisions governing the handling of unaccompanied alien children from U.S.-bordering countries shall now govern all unaccompanied alien children. The bill provides for requirements relating to the handling of such alien children. Certain immigration officer determinations relating to unaccompanied alien children shall be unreviewable.
DHS may detain accompanied alien children pending the completion of removal proceedings (some courts have ruled that Flores limits the detention of certain alien children to 20 days). States may not impose licensing requirements for family detention facilities.
An unaccompanied alien child shall not be released from custody while immigration or removal proceedings are pending, with some exceptions.
The bill limits asylum eligibility to aliens entering the United States at a designated port of entry and provides for additional grounds for asylum ineligibility. A credible fear of persecution is redefined to mean that it is more likely than not that the alien would be able to establish eligibility for asylum.
The Department of State shall establish refugee application and processing centers in Mexico and Central America. The bill requires the hiring of additional immigration judges, support staff, and U.S. Immigration and Customs Enforcement attorneys.

To amend the William Wilberforce Trafficking Victims Protection 
 Reauthorization Act of 2008 to protect alien minors and to amend the 
 Immigration and Nationality Act to end abuse of the asylum system and 
establish refugee application and processing centers outside the United 
                    States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure and Protect Act of 2021''.

SEC. 2. PROTECTION OF MINORS.

    (a) Promoting Family Unity.--Section 235 of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232) is amended by adding at the end the following:
    ``(j) Promoting Family Unity.--
            ``(1) Detention of alien minors.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, judicial determination, consent 
                decree, or settlement agreement, the Secretary of 
                Homeland Security may detain any alien minor (other 
                than an unaccompanied alien child) who is inadmissible 
                to the United States under section 212(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1182(a)) or 
                removable from the United States under section 237(a) 
                of that Act (8 U.S.C. 1227(a)) pending the completion 
                of removal proceedings, regardless of whether the alien 
                minor was previously an unaccompanied alien child.
                    ``(B) Priority removal cases.--The Attorney General 
                shall--
                            ``(i) prioritize the removal proceedings of 
                        an alien minor, or a family unit that includes 
                        an alien minor, detained under subparagraph 
                        (A); and
                            ``(ii) set a case completion goal of not 
                        more than 100 days for such proceedings.
                    ``(C) Detention and release decisions.--The 
                decision to detain or release an alien minor described 
                in subparagraph (A)--
                            ``(i) shall be governed solely by sections 
                        212(d)(5), 217, 235, 236, and 241 of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1182(d)(5), 1187, 1225, 1226, and 1231) and 
                        implementing regulations or policies; and
                            ``(ii) shall not be governed by standards, 
                        requirements, restrictions, or procedures 
                        contained in a judicial decree or settlement 
                        relating to the authority to detain or release 
                        alien minors.
            ``(2) Conditions of detention.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, judicial determination, consent 
                decree, or settlement agreement, the Secretary of 
                Homeland Security shall determine, in the sole 
                discretion of the Secretary, the conditions of 
                detention applicable to an alien minor described in 
                paragraph (1)(A) regardless of whether the alien minor 
                was previously an unaccompanied alien child.
                    ``(B) No judicial review.--A determination under 
                subparagraph (A) shall not be subject to judicial 
                review.
            ``(3) Rule of construction.--Nothing in this section--
                    ``(A) affects the eligibility for bond or parole of 
                an alien; or
                    ``(B) limits the authority of a court to hear a 
                claim arising under the Constitution of the United 
                States.
            ``(4) Preemption of state licensing requirements.--
        Notwithstanding any other provision of law, judicial 
        determination, consent decree, or settlement agreement, a State 
        may not require an immigration detention facility used to 
        detain families consisting of one or more children who have not 
        attained 18 years of age and the parents or legal guardians of 
        such children, that is located in the State, to be licensed by 
        the State or any political subdivision thereof.
            ``(5) Conditions of custody.--The Secretary of Homeland 
        Security shall ensure that each--
                    ``(A) family residential facility is secure and 
                safe; and
                    ``(B) alien child and accompanying parent at a 
                family residential facility has--
                            ``(i) suitable living accommodations;
                            ``(ii) access to drinking water and food;
                            ``(iii) timely access to medical 
                        assistance, including mental health assistance; 
                        and
                            ``(iv) access to any other service 
                        necessary for the adequate care of a minor 
                        child.
            ``(6) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this subsection.
    ``(k) Applicability of Consent Decrees, Settlements, and Judicial 
Determinations.--
            ``(1) Flores settlement agreement inapplicable.--Any 
        conduct or activity that was, before the date of the enactment 
        of this subsection, subject to any restriction or obligation 
        imposed by the stipulated settlement agreement filed on January 
        17, 1997, in the United States District Court for the Central 
        District of California in Flores v. Reno, CV 85-4544-RJK, 
        (commonly known as the `Flores settlement agreement'), or 
        imposed by any amendment of that agreement or judicial 
        determination based on that agreement--
                    ``(A) shall be subject to the restrictions and 
                obligations in subsection (j) or imposed by the William 
                Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (Public Law 110-457); and
                    ``(B) shall not be subject to the restrictions and 
                the obligations imposed by such settlement agreement or 
                judicial determination.
            ``(2) Other settlement agreements or consent decrees.--In 
        any civil action with respect to the conditions of detention of 
        alien children, the court shall not enter or approve a 
        settlement agreement or consent decree unless it complies with 
        the limitations set forth in subsection (j).''.
    (b) Safe and Prompt Return of Unaccompanied Alien Children.--
Section 235(a) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended--
            (1) in paragraph (2)--
                    (A) by amending the paragraph heading to read as 
                follows: ``Rules for repatriating unaccompanied alien 
                children'';
                    (B) in subparagraph (A), 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 shall be treated in accordance with 
                subparagraph (B)'' and inserting ``shall be treated in 
                accordance with this paragraph or subsection (b), as 
                applicable'';
                    (C) in subparagraph (B)--
                            (i) by redesignating clauses (i) and (ii) 
                        as subclauses (I) and (II), and moving the 
                        subclauses two ems to the right;
                            (ii) in the matter preceding subclause (I), 
                        as so redesignated, by striking ``An 
                        immigration officer'' and inserting the 
                        following:
                            ``(i) In general.--An immigration 
                        officer''; and
                            (iii) by adding at the end the following:
                            ``(ii) Children unable to make decisions 
                        with respect to withdrawal of applications for 
                        admission.--If at the time of initial 
                        apprehension, an immigration officer 
                        determines, in the sole and unreviewable 
                        discretion of the immigration officer, that an 
                        unaccompanied alien child is not able to make 
                        an independent decision with respect to the 
                        withdrawal of his or her application for 
                        admission to the United States, the immigration 
                        officer shall refer the unaccompanied alien 
                        child for removal proceedings under section 240 
                        of the Immigration and Nationality Act (8 
                        U.S.C. 1229a).
                            ``(iii) Children able to make decisions 
                        with respect to withdrawal of applications for 
                        admission.--
                                    ``(I) In general.--Except as 
                                described in subclause (III)(aa), 
                                notwithstanding any other provision of 
                                law that requires removal proceedings 
                                under section 240 of the Immigration 
                                and Nationality Act (8 U.S.C. 1229a), 
                                including subparagraph (D) and section 
                                235 of the Immigration and Nationality 
                                Act (8 U.S.C. 1225), in the case of an 
                                unaccompanied alien child who is able 
                                to make an independent decision with 
                                respect to the withdrawal of his or her 
                                application for admission to the United 
                                States, as determined by an immigration 
                                officer at the time of initial 
                                apprehension, and does not wish to 
                                withdraw such application, the 
                                immigration officer shall--
                                            ``(aa) make a record of any 
                                        finding of inadmissibility or 
                                        deportability, which shall be 
                                        the basis of a repatriation 
                                        order, which shall be carried 
                                        out and the child shall be 
                                        returned to his or her country 
                                        of nationality or last habitual 
                                        residence, unless the child is 
                                        referred--

                                                    ``(AA) for removal 
                                                proceedings pursuant to 
                                                subclause (III)(aa); or

                                                    ``(BB) to an 
                                                immigration judge for a 
                                                determination pursuant 
                                                to subclause (III)(bb); 
                                                and

                                            ``(bb) refer the 
                                        unaccompanied alien child for 
                                        an interview under subclause 
                                        (II) to determine whether it is 
                                        more likely than not that the 
                                        unaccompanied alien child--

                                                    ``(AA) will be 
                                                subjected to 
                                                trafficking on return 
                                                to his or her country 
                                                of nationality or last 
                                                habitual residence; and

                                                    ``(BB) would be 
                                                granted asylum under 
                                                section 208 of the 
                                                Immigration and 
                                                Nationality Act (8 
                                                U.S.C. 1158), 
                                                withholding of removal 
                                                under section 241(b)(3) 
                                                of that Act (8 U.S.C. 
                                                1231(b)(3)), or 
                                                protection under the 
                                                regulations issued 
                                                pursuant to the 
                                                legislation 
                                                implementing the 
                                                Convention Against 
                                                Torture and Other 
                                                Cruel, Inhuman or 
                                                Degrading Treatment or 
                                                Punishment, done at New 
                                                York, December 10, 1984 
                                                (referred to in this 
                                                clause as the 
                                                `Convention Against 
                                                Torture').

                                    ``(II) Interview.--
                                            ``(aa) In general.--An 
                                        interview under subclause 
                                        (I)(bb) shall be conducted by 
                                        an immigration officer with 
                                        specialized training relating 
                                        to--

                                                    ``(AA) applicable 
                                                law;

                                                    ``(BB) interviewing 
                                                children; and

                                                    ``(CC) child 
                                                trafficking.

                                    ``(III) Determinations based on 
                                interview.--
                                            ``(aa) Removal 
                                        proceedings.--An unaccompanied 
                                        alien child described in 
                                        subclause (I) shall be referred 
                                        for removal proceedings under 
                                        section 240 of the Immigration 
                                        and Nationality Act (8 U.S.C. 
                                        1229a) if, based on an 
                                        interview under item (bb) of 
                                        that subclause, the immigration 
                                        officer makes a determination 
                                        that it is more likely than not 
                                        that the unaccompanied alien 
                                        child will be trafficked on 
                                        return to his or her country of 
                                        nationality or last habitual 
                                        residence.
                                            ``(bb) Asylum only 
                                        determinations.--

                                                    ``(AA) In 
                                                general.--If, based on 
                                                an interview under 
                                                subclause (I)(bb), the 
                                                immigration officer 
                                                makes a determination 
                                                that it is more likely 
                                                than not that the claim 
                                                of an unaccompanied 
                                                alien child for asylum 
                                                under section 208 of 
                                                the Immigration and 
                                                Nationality Act (8 
                                                U.S.C. 1158), 
                                                withholding of removal 
                                                under section 241(b)(3) 
                                                of that Act (8 U.S.C. 
                                                1231(b)(3)), or 
                                                protection under the 
                                                Convention Against 
                                                Torture will be 
                                                granted, the 
                                                unaccompanied alien 
                                                child shall be referred 
                                                to an immigration judge 
                                                solely for a 
                                                determination with 
                                                respect to whether the 
                                                unaccompanied alien 
                                                child is eligible for 
                                                asylum under section 
                                                208 of that Act (8 
                                                U.S.C. 1158), 
                                                withholding of removal 
                                                under section 241(b)(3) 
                                                of that Act (8 U.S.C. 
                                                1231(b)(3)), or 
                                                protection under the 
                                                regulations issued 
                                                pursuant to the 
                                                legislation 
                                                implementing the 
                                                Convention Against 
                                                Torture and, if 
                                                otherwise eligible for 
                                                asylum, whether asylum 
                                                shall be granted in the 
                                                exercise of discretion.

                                                    ``(BB) 
                                                Repatriation.--An 
                                                unaccompanied alien 
                                                child referred to an 
                                                immigration judge under 
                                                subitem (AA) shall be 
                                                returned to his or her 
                                                country of nationality 
                                                or last habitual 
                                                residence if the 
                                                immigration judge finds 
                                                that the unaccompanied 
                                                alien child is not 
                                                entitled to asylum, 
                                                withholding of removal, 
                                                or protection under the 
                                                regulations issued 
                                                pursuant to the 
                                                legislation 
                                                implementing the 
                                                Convention Against 
                                                Torture.

                                    ``(IV) Discretion of immigration 
                                officer; no judicial review.--A 
                                decision of an immigration officer 
                                under this clause, and the issuance of 
                                a repatriation order, shall be in the 
                                sole, unreviewable discretion of the 
                                immigration officer.
                            ``(iv) Detention during proceedings.--
                                    ``(I) In general.--Except as 
                                provided in subclauses (II) and (III), 
                                notwithstanding any other provision of 
                                law, settlement agreement, or consent 
                                decree, an unaccompanied alien child 
                                shall not be released from the custody 
                                of the Secretary of Homeland Security 
                                or the Director of the Office of 
                                Refugee Resettlement during the 
                                pendency of the immigration or removal 
                                proceedings of the unaccompanied alien 
                                child.
                                    ``(II) Release to sponsor.--
                                            ``(aa) In general.--Except 
                                        as provided in item (bb), the 
                                        Director of the Office of 
                                        Refugee Resettlement may, in 
                                        the sole, unreviewable 
                                        discretion of the Director, 
                                        release an unaccompanied alien 
                                        child to a sponsor who is a 
                                        verified parent or legal 
                                        guardian or, in the case of an 
                                        unaccompanied alien child who 
                                        does not have a verified parent 
                                        or legal guardian in the United 
                                        States, a close relative, a 
                                        distant relative, or an 
                                        unrelated adult.
                                            ``(bb) Exception.--The 
                                        Director of the Office of 
                                        Refugee Resettlement shall not 
                                        under any circumstance release 
                                        an unaccompanied alien child to 
                                        a sponsor or a member of the 
                                        sponsor's household who has 
                                        committed an offense described 
                                        in section 236(c)(1) of the 
                                        Immigration and Nationality Act 
                                        (8 U.S.C. 1226(c)(1)), is 
                                        detained while in removal 
                                        proceedings under section 240 
                                        of such Act (8 U.S.C. 1229a), 
                                        has assisted or facilitated the 
                                        smuggling or trafficking of a 
                                        child, or would otherwise pose 
                                        a threat to the well-being of 
                                        the unaccompanied alien child.
                                            ``(cc) Provision of 
                                        information to secretary of 
                                        homeland security.--The 
                                        Secretary of Health and Human 
                                        Services shall provide to the 
                                        Secretary of Homeland Security 
                                        information relating to the 
                                        sponsor, potential sponsor, and 
                                        each member of the household of 
                                        the sponsor or potential 
                                        sponsor, of each unaccompanied 
                                        alien child.
                                    ``(III) Programs for unaccompanied 
                                alien children without sponsors.--In 
                                the case of an unaccompanied alien 
                                child who cannot be placed with a 
                                sponsor under item (aa), the Director 
                                of the Office of Refugee Resettlement 
                                may release the child to a program for 
                                unaccompanied alien minors, such as a 
                                program under section 412(d) of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1522(d)).''; and
                    (D) in subparagraph (C)--
                            (i) by amending the subparagraph heading to 
                        read as follows: ``Agreements with foreign 
                        countries.--''; and
                            (ii) in the matter preceding clause (i), by 
                        striking ``countries contiguous to the United 
                        States'' and inserting ``Canada, El Salvador, 
                        Guatemala, Honduras, Mexico, and any other 
                        foreign country the Secretary considers 
                        appropriate'';
            (2) by striking paragraph (3);
            (3) by redesignating paragraphs (4) and (5) as paragraphs 
        (3) and (4), respectively; and
            (4) in paragraph (4)(D), as so redesignated, by striking 
        ``from a contiguous country''.
    (c) Protecting Integrity of Special Immigrant Juvenile Visa 
Program.--Section 101(a)(27)(J) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)(J)) is amended--
            (1) in clause (i), by striking ``, and whose'' and all that 
        follows through ``State law''; and
            (2) in clause (iii)--
                    (A) in subclause (I), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following:
                                    ``(III) an alien may not be granted 
                                special immigrant juvenile status under 
                                this subparagraph if the juvenile court 
                                determines that the alien may be 
                                returned to the legal custody of any 
                                parent of the alien; and
                                    ``(IV)(aa) in assessing whether an 
                                alien is entitled to special immigrant 
                                juvenile classification under this 
                                subparagraph, the Secretary of Homeland 
                                Security may, in the discretion of the 
                                Secretary, determine whether--
                                            ``(AA) an order of 
                                        dependency or custody issued 
                                        for purposes of clause (i) was 
                                        issued during juvenile court 
                                        abuse and neglect proceedings 
                                        for the purpose of providing 
                                        permanency to an alien the 
                                        parents of whom have been found 
                                        to be unfit; and
                                            ``(BB) such order was 
                                        issued by a court of 
                                        appropriate jurisdiction ; and
                                    ``(bb) notwithstanding any other 
                                provision of law, no court shall have 
                                jurisdiction to review a determination 
                                made by the Secretary of Homeland 
                                Security under this subclause;''.
    (d) Parole Reform.--
            (1) In general.--Paragraph (5) of section 212(d) (8 U.S.C. 
        1182(d)) is amended to read as follows:
            ``(5) Humanitarian and significant public benefit parole.--
                    ``(A) In general.--Subject to the provisions of 
                this paragraph and section 214(f)(2), the Secretary of 
                Homeland Security, in the sole discretion of the 
                Secretary of Homeland Security, may, on an individual 
                case-by-case basis and not according to eligibility 
                criteria describing an entire class of potential parole 
                recipients, parole an alien into the United States 
                temporarily, under such conditions as the Secretary of 
                Homeland Security may prescribe, only--
                            ``(i) for an urgent humanitarian reason (as 
                        described under subparagraph (B)); or
                            ``(ii) for a reason deemed strictly for the 
                        significant public benefit (as described under 
                        subparagraph (C)).
                    ``(B) Humanitarian parole.--The Secretary 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 the legal guardian or 
                        otherwise has legal authority to make medical 
                        decisions on behalf of an alien described in 
                        clause (i);
                            ``(iii) the alien is needed in the United 
                        States in order to donate an organ or other 
                        tissue for transplant into an immediate family 
                        member and there is insufficient time for the 
                        alien to be admitted through the normal visa 
                        process;
                            ``(iv) the alien has an immediate family 
                        member in the United States whose death is 
                        imminent and the alien could not arrive in the 
                        United States in time to see such family member 
                        alive if the alien were to be admitted through 
                        the normal visa process;
                            ``(v) the alien is a lawful applicant for 
                        adjustment of status under section 245; or
                            ``(vi) the alien was lawfully granted 
                        status under section 208 or lawfully admitted 
                        under section 207.
                    ``(C) Significant public benefit parole.--The 
                Secretary of Homeland Security may parole an alien 
                based on a reason deemed strictly for the significant 
                public benefit described in this subparagraph only if--
                            ``(i) the presence of the alien is 
                        necessary in a matter such as a criminal 
                        investigation or prosecution, espionage 
                        activity, or other similar law enforcement or 
                        intelligence-related activity;
                            ``(ii) the presence of the alien is 
                        necessary in a civil matter concerning the 
                        termination of parental rights;
                            ``(iii) the alien has previously assisted 
                        the United States Government in a matter 
                        described in clause (i) and the life of the 
                        alien would be threatened if the alien were not 
                        permitted to enter the United States;
                            ``(iv) in the case of an alien detained 
                        under section 235, it is necessary to release 
                        from detention and grant parole to the alien 
                        due to a safety concern or for the preservation 
                        of life and property, including in the case 
                        of--
                                    ``(I) lack of adequate bed space in 
                                a detention facility; or
                                    ``(II) an alien who has a serious 
                                medical condition such that continued 
                                detention would be life-threatening or 
                                would risk serious bodily injury, 
                                disfigurement, or permanent disability; 
                                or
                            ``(v) in the case of an alien returned to a 
                        foreign territory contiguous to the United 
                        States pursuant to section 235(b)(2)(C), it is 
                        necessary to parole the alien into the United 
                        States for an immigration proceeding.
                    ``(D) Limitation on the use of parole authority.--
                The Secretary of Homeland Security may not use the 
                parole authority under this paragraph--
                            ``(i) to circumvent immigration policy 
                        established by law;
                            ``(ii) to admit classes of aliens who do 
                        not qualify for admission under established 
                        legal immigration categories; or
                            ``(iii) to supplement established 
                        immigration categories without an Act of 
                        Congress.
                    ``(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, or 
                such parole is revoked, 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 submit a report to the 
                Committee on the Judiciary of the Senate and the 
                Committee on the Judiciary of the House of 
                Representatives describing the number and categories of 
                aliens paroled into the United States under this 
                paragraph. Each such report shall contain information 
                and data concerning the number and categories of aliens 
                paroled, the duration of parole, and the current status 
                of aliens paroled during the preceding fiscal year.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the first day of the first month beginning 
        more than 60 days after the date of the enactment of this Act.

SEC. 3. ENDING ABUSE OF ASYLUM SYSTEM.

    (a) Standards To Deter Fraud and Advance Meritorious Asylum 
Claims.--Section 235(b)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)) is amended--
            (1) by amending clause (v) to read as follows:
                            ``(v) Credible fear of persecution.--
                                    ``(I) In general.--For purposes of 
                                this subparagraph, the term `credible 
                                fear of persecution' means that it is 
                                more likely than not that the alien 
                                would be able to establish eligibility 
                                for asylum under section 208--
                                            ``(aa) taking into account 
                                        such facts as are known to the 
                                        officer; and
                                            ``(bb) only if the officer 
                                        has determined, under 
                                        subsection (b)(1)(B)(iii) of 
                                        such section, that it is more 
                                        likely than not that the 
                                        statements made by the alien or 
                                        on behalf of the alien are 
                                        true.
                                    ``(II) Bars to asylum.--An alien 
                                shall not be determined to have a 
                                credible fear of persecution if the 
                                alien is prohibited from applying for 
                                or receiving asylum, including an alien 
                                subject to a limitation or condition 
                                under subsection (a)(2) or (b)(2) 
                                (including a regulation promulgated 
                                under such subsection) of section 
                                208.''; and
            (2) by adding at the end the following:
                            ``(vi) Eligibility for relief.--
                                    ``(I) Credible fear review by 
                                immigration judge.--An alien determined 
                                to have a credible fear of persecution 
                                shall be referred to an immigration 
                                judge for review of such determination, 
                                which shall be limited to a 
                                determination whether the alien--
                                            ``(aa) is eligible for 
                                        asylum under section 208, 
                                        withholding of removal under 
                                        section 241(b)(3), or 
                                        protection under the Convention 
                                        Against Torture and Other 
                                        Cruel, Inhuman or Degrading 
                                        Treatment or Punishment, done 
                                        at New York, December 10, 1984 
                                        (referred to in this clause as 
                                        the `Convention Against 
                                        Torture)'; and
                                            ``(bb) merits a grant of 
                                        asylum in the exercise of 
                                        discretion.
                                    ``(II) Aliens with reasonable fear 
                                of persecution.--
                                            ``(aa) In general.--Except 
                                        as provided in item (bb), if an 
                                        alien referred under 
                                        subparagraph (A)(ii) is 
                                        determined to have a reasonable 
                                        fear of persecution or torture, 
                                        the alien shall be eligible 
                                        only for consideration of an 
                                        application for withholding of 
                                        removal under section 241(b)(3) 
                                        or protection under the 
                                        Convention Against Torture.
                                            ``(bb) Exception.--An alien 
                                        shall not be eligible for 
                                        consideration of an application 
                                        for relief under item (aa) if 
                                        the failure of the alien to 
                                        establish a credible fear of 
                                        persecution precludes the alien 
                                        from eligibility for such 
                                        relief.
                                            ``(cc) Limitation.--An 
                                        alien whose application for 
                                        relief is adjudicated under 
                                        item (aa) shall not be eligible 
                                        for any other form of relief or 
                                        protection from removal.
                            ``(vii) Ineligibility for removal 
                        proceedings.--An alien referred under 
                        subparagraph (A)(ii) shall not be eligible for 
                        a hearing under section 240.''.
    (b) Applications for Asylum.--Section 208 of the Immigration and 
Nationality Act (8 U.S.C. 1158) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--Only an alien who has entered the United 
        States through a designated port of entry may apply for asylum 
        under this section or section 235(b), as applicable.''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``, 
                        pursuant to a bilateral or multilateral 
                        agreement,''; and
                            (ii) in subparagraph (E), by striking 
                        ``Subparagraphs (A) and (B)'' and inserting 
                        ``Subparagraph (A)''; and
            (2) in subsection (b)(3), by striking subparagraph (C).
    (c) Authority for Certain Aliens To Apply for Asylum.--Section 
208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) 
is amended by adding at the end the following:
                    ``(F) Ineligibility for asylum.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, including paragraph 
                        (1), except as provided in clause (ii), an 
                        alien is ineligible for asylum if the alien--
                                    ``(I) has been convicted of a 
                                felony;
                                    ``(II) is inadmissible under 
                                section 212(a) (except paragraphs (4), 
                                (5), and (7));
                                    ``(III) has been previously removed 
                                from the United States; or
                                    ``(IV) is a national or habitual 
                                resident of--
                                            ``(aa) a country in Central 
                                        America that has a refugee 
                                        application and processing 
                                        center; or
                                            ``(bb) a country contiguous 
                                        to such a country (other than 
                                        Mexico).
                            ``(ii) Exception.--Notwithstanding clause 
                        (i), paragraph (1) shall not apply to any alien 
                        who is present in the United States on the date 
                        of the enactment of this subparagraph.''.

SEC. 4. ESTABLISHMENT OF REFUGEE APPLICATION AND PROCESSING CENTERS.

    (a) Definition.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
            ``(53) The term `refugee application and processing 
        center'--
                    ``(A) means a facility designated under section 
                207(g) by the Secretary of State to accept and process 
                applications for refugee admissions to the United 
                States; and
                    ``(B) may include a United States embassy, 
                consulate, or other diplomatic facility.''.
    (b) Designation.--Section 207 of the Immigration and Nationality 
Act (8 U.S.C. 1157) is amended by adding at the end the following:
    ``(g) Refugee Application and Processing Centers.--
            ``(1) Designation.--Not later than 240 days after the date 
        of the enactment of this subsection, the Secretary of State, in 
        consultation with the Secretary of Homeland Security, shall 
        designate refugee application and processing centers outside 
        the United States.
            ``(2) Locations.--The Secretary of State shall establish--
                    ``(A) not fewer than 1 refugee application and 
                processing center in Mexico; and
                    ``(B) not fewer than 3 refugee application and 
                processing centers in Central America at locations 
                selected by the Secretary of State, in consultation 
                with the Secretary of Homeland Security.
            ``(3) Duties of secretary of state.--The Secretary of 
        State, in coordination with the Secretary of Homeland Security, 
        shall ensure that any alien who is a national or habitual 
        resident of a country in which a refugee application and 
        processing center is located, or a country contiguous to such a 
        country, may apply for refugee status at a refugee application 
        and processing center.
            ``(4) Adjudication by refugee officers.--An application for 
        refugee status submitted to a refugee application and 
        processing center shall be adjudicated by a refugee officer.
            ``(5) Priority.--The Secretary of State shall ensure that 
        refugee application and processing centers accord priority to 
        applications submitted--
                    ``(A) by aliens who have been referred by an 
                authorized nongovernmental organization, as determined 
                by the Secretary of State;
                    ``(B) not later than 90 days after the date on 
                which such referral is made; and
                    ``(C) in accordance with the requirements and 
                procedures established by the Secretary of State under 
                this subsection.
            ``(6) Application fees.--
                    ``(A) In general.--The Secretary of State and the 
                Secretary of Homeland Security shall charge, collect, 
                and account for fees prescribed by each such Secretary 
                pursuant to subsections (m) and (n) of section 286 and 
                section 9701 of title 31, United States Code, for the 
                purpose of receiving, docketing, processing, and 
                adjudicating an application under this subsection.
                    ``(B) Basis for fees.--The fees prescribed under 
                subparagraph (A) shall be based on a consideration of 
                the amount necessary to deter frivolous applications 
                and the cost for processing the application, including 
                the implementation of program integrity and anti-fraud 
                measures.''.
    (c) Sunset.--The amendments made by this section shall cease to be 
effective beginning on the date that is three years and 240 days after 
the date of the enactment of this Act.

SEC. 5. REGULATIONS.

    Notwithstanding section 553(b) of title 5, United States Code, not 
later than 210 days after the date of the enactment of this Act, the 
Secretary of Homeland Security and the Attorney General shall, jointly 
or separately, publish in the Federal Register interim final rules to 
implement the amendments made by section 3(c) and section 4.

SEC. 6. HIRING AUTHORITY.

    (a) Immigration Judges.--The Attorney General shall increase--
            (1) the number of immigration judges by not fewer than an 
        additional 500 judges, as compared to the number of immigration 
        judges as of the date of the enactment of this Act; and
            (2) the corresponding number of support staff, as 
        necessary.
    (b) Immigration and Customs Enforcement Attorneys.--The Director of 
U.S. Immigration and Customs Enforcement shall increase the number of 
attorneys and staff employed by U.S. Immigration and Customs 
Enforcement by the number that is consistent with the workload staffing 
model to support the increase in immigration judges.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for--
            (1) the hiring of immigration judges, support staff, and 
        U.S. Immigration and Customs Enforcement attorneys under this 
        section; and
            (2) the lease, purchase, or construction of facilities or 
        equipment (including video teleconferencing equipment and 
        equipment for electronic filing of immigration cases), and the 
        transfer of federally owned temporary housing units to serve as 
        facilities, for--
                    (A) the increased number of immigration judges, 
                attorneys, and support staff under this section; and
                    (B) conducting immigration court proceedings in 
                close proximity to the locations at which aliens are 
                apprehended and detained.
                                 <all>