A bill to provide for the expedited processing of unaccompanied alien children illegally entering the United States, and for other purposes.

Bill: 114-s-44
Sponsor: Sen. Vitter, David [R-LA]
Introduced: 2015-01-07 in the Senate
Policy area: Immigration
Subjects: Administrative law and regulatory procedures
Administrative remedies
Border security and unlawful immigration
Child safety and welfare
Congressional oversight
Department of Justice
Detention of persons
Due process and equal protection
Immigration status and procedures
Juvenile crime and gang violence
Refugees, asylum, displaced persons

Summary:
action_date: 2015-01-07
text: 
Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to declare that any unaccompanied alien child (UAC) who has not been a victim of a severe form of trafficking in persons or does not have a credible fear of persecution on returning to his or her country of nationality (or of last habitual residence) shall be: (1) placed in removal proceedings, (2) eligible for voluntary departure at no cost to the child, and (3) provided with access to counsel. (Currently such expedited removal requirements apply only to unaccompanied children from countries contiguous to the United States.) 
 
Directs the Secretary of State to negotiate repatriation agreements between the United States and countries from which large numbers of UACs are unlawfully entering the United States. (Currently such agreements are to be negotiated between the United States and countries contiguous to the United States.)
 
Requires that a UAC be placed on a return flight to his or her country of nationality (or of last habitual residence) within 72 hours of screening barring cost, feasibility, and any relevant repatriation agreements. 
 
Provides for expedited removal of a UAC who is a member of, or affiliated with, a criminal street gang.
 
Requires mandatory Department of Homeland Security (DHS) detention of a UAC apprehended by U.S. Border Patrol or U.S. Immigration and Customs Enforcement until the child: (1) voluntarily departs or is removed from the United States, or (2) is admitted as a refugee or asylee.
 
Amends the Immigration and Nationality Act to require an immigration judge to: (1) conduct a proceeding to inspect and determine the status of a UAC who is an applicant for U.S. admission not later than 7 days after the child's screening, and (2) determine within 72 hours of the proceeding's conclusion whether a UAC is admissible (or eligible for relief from removal) or should be removed (unless the alien claims asylum or a substantial fear of persecution).
 
States that: (1) if a UAC intends to make a claim of asylum or substantial fear of persecution the child shall be referred to an asylum officer who shall determine in an interview whether there is a substantial fear of persecution, and (2) if there is no substantiated fear of persecution the UAC shall be ordered removed without further hearing or review.
 
Revises the definition of &quot;refugee.&quot;
 
Requires DHS detention of an alien seeking asylum until the alien is removed or granted asylum.
 
Extends the bar on U.S. reentry to 10 years for previously removed aliens and for certain aliens who were illegally in the United States but voluntarily departed.
 
Requires the Secretary of DHS to report to Congress annually detailing apprehended illegal aliens, voluntary departures, removals, and grants of refugee or asylee status.


Legislative actions:
action_date: 2015-01-07
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2015-01-07
text: Introduced in Senate