II 113th CONGRESS 2d Session S. 2619 IN THE SENATE OF THE UNITED STATES July 17, 2014 Mr. McCain (for himself, Mr. Flake , Mr. Graham , Ms. Ayotte , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prevent organized human smuggling, and for other purposes.

1. Short title This Act may be cited as the Children Returning on an Expedited and Safe Timeline Act or the CREST Act . 2. Defined term For purposes of this Act, the term unaccompanied alien child means an alien who— (1) has no lawful immigration status in the United States; (2) has not attained 18 years of age; and (3) attempts to enter or has entered the United States unaccompanied by a parent or legal guardian. 3. Reducing the number of unaccompanied alien children from El Salvador, Guatemala, and Honduras (a) Restrictions on foreign aid to certain countries (1) Initial certification Beginning on the date that is 6 months after the date of the enactment of this Act, the Federal Government shall not provide any non-security assistance to El Salvador, Guatemala, or Honduras until the President certifies that the government of El Salvador, of Guatemala, or of Honduras, respectively is— (A) actively working to reduce the number of unaccompanied alien children from such country who are attempting to migrate northward in order to illegally enter the United States; and (B) cooperating with the Government of the United States to facilitate the repatriation of unaccompanied alien children who are removed from the United States and returned to their country of origin. (2) Subsequent certifications The restriction under paragraph (1) shall take effect beginning on the date that is 1 year after the President issued the latest certification in accordance with paragraph (1) unless the President recertifies that the governments referred to in paragraph (1) are meeting the requirements set forth in subparagraphs (A) and (B) of such paragraph. (b) In-Country refugee processing (1) In general Notwithstanding section 101(a)(42)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(B)), the Secretary of State, in consultation with the Secretary of Homeland Security and the Director of the Office of Refugee Resettlement of the Department of Health and Human Services, shall carry out in-country processing of refugee applications in El Salvador, Guatemala, and Honduras. (2) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out paragraph (1). 4. Increasing the number of refugee admissions from certain countries (a) In general Notwithstanding any other provision of law, the President, in determining the number of refugees who may be admitted under section 207(a) for fiscal years 2014 and 2015, shall authorize the admission, in each such fiscal year, of— (1) up to 5,000 refugees from El Salvador; (2) up to 5,000 refugees from Guatemala; and (3) up to 5,000 refugees from Honduras. 5. Preventing organized smuggling (a) Unlawfully hindering immigration, border, or customs controls (1) Amendment to title 18, united states code (A) In general Chapter 27 of title 18, United States Code, is amended by adding at the end the following: 556. Unlawfully hindering immigration, border, or customs controls (a) Illicit spotting Any person who knowingly transmits to another person the location, movement, or activities of any Federal, State, or tribal law enforcement agency with the intent to further a Federal crime relating to United States immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. (b) Destruction of United States border controls Any person who knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry, or otherwise seeks to construct, excavate, or make any structure intended to defeat, circumvent or evade any such fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry— (1) shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; and (2) if, at the time of the offense, the person uses or carries a firearm or, in furtherance of any such crime, possesses a firearm, shall be fined under title 18, United States Code, imprisoned not more than 20 years, or both. (c) Conspiracy and attempt Any person who attempts or conspires to violate subsection (a) or (b) shall be punished in the same manner as a person who completes a violation of such subsection. . (B) Clerical amendment The table of sections for chapter 27 of title 18, United States Code, is amended by inserting after the item relating to section 555 the following: 556. Unlawfully hindering immigration, border, or customs controls. . (2) Penalty for carrying or use of a firearm during and in relation to an alien smuggling crime Section 924(c) of title 18, United States Code, is amended— (A) in paragraph (1)— (i) in subparagraph (A), by inserting , alien smuggling crime, after crime of violence each place such term appears; and (ii) in subparagraph (D)(ii), by inserting , alien smuggling crime, after crime of violence ; and (B) by adding at the end the following: (6) For purposes of this subsection, the term alien smuggling crime means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act ( 8 U.S.C. 1324(a) , 1327, and 1328). . (3) Statute of limitations Section 3298 of title 18, United States Code, is amended by striking or under and inserting , under section 2 or subsection (a), (b), or (c) of section 556, or under . (b) Organized human smuggling (1) Amendment to title 18, united states code Chapter 77 of title 18, United States Code, is amended by adding at the end the following: 1598. Organized human smuggling (a) Prohibited activities It shall be unlawful for any person, while acting for profit or other financial gain, to knowingly direct or participate in an effort or scheme to assist or cause 5 or more persons— (1) to enter, attempt to enter, or prepare to enter the United States— (A) by fraud, falsehood, or other corrupt means; (B) at any place other than a port or place of entry designated by the Secretary of Homeland Security; or (C) in a manner not prescribed by the immigration laws and regulations of the United States; (2) to travel by air, land, or sea toward the United States (whether directly or indirectly)— (A) knowing that the persons seek to enter or attempt to enter the United States without lawful authority; and (B) with the intent to aid or further such entry or attempted entry; or (3) to be transported or moved outside of the United States— (A) knowing that such persons are aliens in unlawful transit from 1 country to another or on the high seas; and (B) under circumstances in which the persons are seeking to enter the United States without official permission or legal authority. (b) Conspiracy and attempt Any person who attempts or conspires to violate subsection (a) shall be punished in the same manner as a person who completes a violation of such subsection. (c) Base penalty Except as provided in subsection (d), any person who violates subsection (a) or (b) shall be fined under this title, imprisoned for not more than 20 years, or both. (d) Enhanced penalties Any person who violates subsection (a) or (b)— (1) in the case of a violation during and in relation to which a serious bodily injury (as defined in section 1365) occurs to any person, shall be fined under this title, imprisoned for not more than 30 years, or both; (2) in the case of a violation during and in relation to which the life of any person is placed in jeopardy, shall be fined under this title, imprisoned for not more than 30 years, or both; (3) in the case of a violation involving 10 or more persons, shall be fined under this title, imprisoned for not more than 30 years, or both; (4) in the case of a violation involving the bribery or corruption of a United States or foreign government official, shall be fined under this title, imprisoned for not more than 30 years, or both; (5) in the case of a violation involving robbery or extortion (as such terms are defined in paragraph (1) or (2), respectively, of section 1951(b)), shall be fined under this title, imprisoned for not more than 30 years, or both; (6) in the case of a violation during and in relation to which any person is subjected to an involuntary sexual act (as defined in section 2246(2)), shall be fined under this title, imprisoned for not fewer than 5 years and not more than 30 years, or both; (7) in the case of a violation resulting in the death of any person, shall be fined under this title, imprisoned for not fewer than 5 years and up to life, or both; (8) in the case of a violation in which any alien is confined or restrained, including by the taking of clothing, goods, or personal identification documents, shall be fined under this title, imprisoned not fewer than 5 years and not more than 10 years, or both; and (9) in the case of smuggling an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )), shall be fined under this title or imprisoned not more than 20 years. (e) Definitions In this section: (1) Effort or scheme The term effort or scheme to assist or cause 5 or more persons does not require that the 5 or more persons enter, attempt to enter, prepare to enter, or travel at the same time if such acts are completed during a 1-year period. (2) Lawful authority The term lawful authority — (A) means permission, authorization, or license that is expressly provided for under the immigration laws of the United States; and (B) does not include— (i) any authority described in subparagraph (A) that was secured by fraud or otherwise unlawfully obtained; or (ii) any authority that was sought, but not approved. . (2) Clerical amendment The table of sections for chapter 77 of title 18, United States Code, is amended by inserting after the item relating to section 1597 the following: 1598. Organized human smuggling. . (c) Strategy To combat human smuggling (1) Defined term In this subsection, the term high traffic areas of human smuggling means the United States ports of entry and areas between such ports that have the most human smuggling activity, as measured by U.S. Customs and Border Protection. (2) Implementation Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall implement a strategy to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States. (3) Components The strategy referred to in paragraph (2) shall include— (A) efforts to increase coordination between the border and maritime security components of the Department of Homeland Security; (B) an identification of intelligence gaps impeding the ability to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States; (C) efforts to increase information sharing with State and local governments and other Federal agencies; (D) efforts to provide, in coordination with the Federal Law Enforcement Training Center, training for the border and maritime security components of the Department of Homeland Security to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States; and (E) the identification of the high traffic areas of human smuggling along the international land and maritime borders of the United States. (4) Report (A) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report that describes the strategy to be implemented under paragraph (2), including the components listed in paragraph (3), to— (i) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (ii) the Committee on Homeland Security of the House of Representatives . (B) Form The Secretary may submit the report required under subparagraph (A) in classified form if the Secretary determines that such form is appropriate. (5) Annual list of high traffic areas Not later than February 1st of the first year beginning after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit a list of the high traffic areas of human smuggling referred to in paragraph (3)(A) to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (B) the Committee on Homeland Security of the House of Representatives . 6. Equitable treatment of unaccompanied alien children (a) In general Section 235(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) ) is amended— (1) by striking the paragraph heading and inserting Rules for unaccompanied alien children ; (2) in subparagraph (A), by striking who is a national or habitual resident of a country that is contiguous with the United States ; and (3) in subparagraph (C)— (A) by striking the subparagraph heading and inserting Agreements with foreign countries ; and (B) by striking countries contiguous to the United States and inserting Canada, El Salvador, Guatemala, Honduras, Mexico, and any other foreign country that the Secretary determines appropriate . (b) Applicability The amendments made by subsection (a) shall apply to any unaccompanied alien child who was apprehended on or after October 1, 2013. 7. Expedited removal authority for unaccompanied alien children Section 235(a)(5)(D) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a)(5)(D) ) is amended— (1) by striking the subparagraph heading and inserting Expedited removal for unaccompanied alien children ; (2) in the matter preceding clause (i)— (A) by inserting described in paragraph (2)(A) who is after Any unaccompanied alien child ; and (B) by striking , except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2), ; and (3) by striking clause (i) and inserting the following: (i) placed in a proceeding in accordance with section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ). . 8. Mandatory safe Federal custody Section 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(2) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), by striking shall be promptly placed in the least restrictive setting that is in the best interest of the child. In making such placements, the Secretary may consider danger to self, danger to the community, and risk of flight. Placement of child trafficking victims may include placement in an Unaccompanied Refugee Minor program pursuant to section 412(d) of the Immigration and Nationality Act ( 8 U.S.C. 1522(d) ), if a suitable family member is not available to provide care. and inserting may not be placed in the custody of a nongovernmental sponsor or otherwise released from the custody of the United States Government until the child is repatriated or has been adjudicated to be admissible or subject to an exception to removal. ; (B) by redesignating subparagraph (B) as subparagraph (D); and (C) by inserting after subparagraph (A) the following: (B) Exceptions (i) In general If the Secretary of Health and Human Services determines that an unaccompanied alien child is a victim of a severe form of trafficking in persons, a special needs child with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )), a child who has been a victim of physical or sexual abuse under circumstances that indicate that the child’s health or welfare has been significantly harmed or threatened, or a child with mental health needs that require ongoing assistance from a social welfare agency, the child may be placed with a biological parent if— (I) the parent can prove that he or she is lawfully residing in the United States; (II) the parent has submitted to a mandatory biometric criminal history check; and (III) the Secretary completes a safety and suitability study of the parent’s household. (ii) Monitoring If an unaccompanied alien child described in clause (i) is between 15 and 18 years of age and the Secretary of Health and Human Services determines that such child is not a danger to self, a danger to the community, or a risk of flight, the child shall— (I) enroll in the alternative to detention program of U.S. Immigration and Customs Enforcement; and (II) continuously wear an electronic ankle monitor while his or her immigration case is pending. (iii) Effect of violation of conditions The Secretary of Health and Human Services shall remove an unaccompanied alien minor from a parent who has violated the terms of the agreement specifying the conditions under which the unaccompanied alien child was placed in his or her custody. (iv) Failure to appear (I) Civil penalty If an unaccompanied alien child is placed with a parent and fails to appear in a mandatory court appearance, the parent shall be subject to a civil penalty of $250 per day, up to a maximum of $5,000. (II) Burden of proof The parent is not subject to the penalty imposed under subclause (I) if the parent— (aa) proves to the immigration court that the failure to appear by the unaccompanied alien child was not the fault of the parent; and (bb) supplies the immigration court with documentary evidence that supports such assertion. (v) Unaccompanied refugee minors program An unaccompanied alien child described in clause (i) who is a victim of a severe form of trafficking in persons may be placed in the Unaccompanied Refugee Minors Program authorized under section 412(d) of the Immigration and Nationality Act ( 8 U.S.C. 1522(d) ) if a parent is not available to provide care for the child in accordance with this subparagraph. (C) Information sharing In verifying the legal presence of parents under subparagraph (B)(i)(I), the Secretary of Health and Human Services shall provide information on those determined to be unlawfully present in the United States to the Secretary of Homeland Security. ; and (2) in paragraph (3)(B), by striking individual and inserting parent . 9. Training The Secretary of Homeland Security shall ensure that U.S. Border Patrol agents receive appropriate training in immigration laws relating to screening, identifying, and addressing vulnerable populations, such as children, victims of crime and human trafficking, and individuals fleeing persecution or torture. 10. Emergency immigration personnel; national juvenile docket (a) Goal It shall be the goal of the Attorney General, the Secretary of Homeland Security, and the Director of the Executive Office for Immigration Review to use the amounts appropriated pursuant to subsection (f) to bring a resolution to immigration cases, from the issuance of a notice to appear through the exhaustion of appeals, within 30 days. (b) Emergency immigration judges (1) Designation Not later than 14 days after the date of the enactment of this Act, the Attorney General shall designate up to 100 temporary immigration judges, with renewable 6-month terms, including through the hiring of retired immigration judges, magistrate judges, administrative law judges, or other qualified attorneys using the same criteria as applied to the hiring of permanent immigration judges. (2) Requirement The Attorney General shall ensure that sufficient immigration judge resources are dedicated to the purpose described in paragraph (1). (c) Immigration litigation attorneys The Secretary of Homeland Security shall hire 150 new immigration litigation attorneys in the Field Legal Operations of U.S. Immigration and Customs Enforcement with particular focus on the Office of Chief Counsel attorneys in the areas of need. (d) Asylum officers The Secretary of Homeland Security shall hire 100 new asylum officers to be placed in the Refugee, Asylum, and International Operations Directorate of the U.S. Citizenship and Immigration Services. (e) Juvenile docket (1) In general Except as provided in paragraph (2), the Director of the Executive Office for Immigration Review shall establish a separate juvenile docket in every immigration court in the United States to facilitate the processing of immigration cases involving unaccompanied alien children. (2) Exemption The Director may exempt an immigration court from the requirement under paragraph (1) upon its application for exemption based on its juvenile caseload. The Director shall make a determination under this paragraph after reviewing the court’s latest 2 quarters of juvenile cases. An exemption may be awarded if the Director determines that a juvenile docket is not warranted. (f) Authorization of appropriations There is authorized to be appropriated $100,000,000 to carry out this section. 11. Reporting and monitoring requirements (a) Reports (1) Initial report Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to each State in which unaccompanied children were discharged to parents or placed in a facility while remaining in the legal custody of the Secretary of Health and Human Services that provides the number of children placed in the State since Oct. 1, 2013, broken down by location and age. (2) Monthly discharge reports The Secretary of Health and Human Services shall submit a monthly report to each State in which unaccompanied alien children, during the reporting period— (A) were discharged to their parents; or (B) were placed in a facility while remaining in the legal custody of the Department of Health and Human Services. (3) Contents The reports required under paragraph (2) shall identify the number of children placed in the State during the reporting period, broken down by— (A) location; and (B) age. (b) Monitoring requirement The Secretary of Health and Human Services shall— (1) require all parents to agree— (A) to notify and receive approval from the Department of Health and Human Services prior to an unaccompanied alien child placed in their custody changing addresses from that in which he or she was originally placed; and (B) to provide a current address for the child and the reason for the change of address; (2) provide regular and frequent monitoring of the physical and emotional well-being of unaccompanied alien children who have been discharged to a parent or remain in the legal custody of the Secretary of Health and Human Services until their respective immigration cases are resolved; and (3) not later than 60 days after the date of the enactment of this Act, provide to Congress a plan for implementing the requirement set forth in paragraph (2). (c) Notification to States The Secretary of Health and Human Services shall notify each State in which potential facilities are being reviewed to house unaccompanied alien children who will remain in the custody of the Secretary of Health and Human Services. (d) Failure To appear The Director of the Executive Office for Immigration Review shall— (1) track the number of unaccompanied alien children who fail to appear at a removal hearing that they were required to attend; and (2) make the information described in paragraph (1) available to the public on a quarterly basis.