Secure and Protect Act of 2019

Bill: 116-s-1494
Sponsor: Sen. Graham, Lindsey [R-SC]
Introduced: 2019-05-15 in the Senate
Policy area: Immigration
Subjects: Administrative remedies
Border security and unlawful immigration
Child health
Child safety and welfare
Congressional oversight
Criminal investigation, prosecution, interrogation
Department of Homeland Security
Detention of persons
Emergency medical services and trauma care
Espionage and treason
Family relationships
Federal preemption
Government buildings, facilities, and property
Immigrant health and welfare
Immigration status and procedures
Judges
Judicial procedure and administration
Judicial review and appeals
Lawyers and legal services
Licensing and registrations
Mental health
Organ and tissue donation and transplantation
Refugees, asylum, displaced persons
Specialized courts
State and local government operations
Surgery and anesthesia
Visas and passports

Summary:
action_date: 2019-05-15
text: 

Secure and Protect Act of 2019

 
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 up to 100 days (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.

action_date: 2019-08-16
text: 

Secure and Protect Act of 2019 

 
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.


Legislative actions:
action_date: 2019-08-16
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 181.
action_date: 2019-08-16
text: Committee on the Judiciary. Reported by Senator Graham under authority of the order of the Senate of 08/01/2019 with an amendment in the nature of a substitute. Without written report.
action_date: 2019-08-16
text: Committee on the Judiciary. Reported by Senator Graham under authority of the order of the Senate of 08/01/2019 with an amendment in the nature of a substitute. Without written report.
action_date: 2019-08-01
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2019-06-11
text: Committee on the Judiciary. Hearings held.
action_date: 2019-05-15
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2019-05-15
text: Introduced in Senate