GOP border bill

8/12/2019 GOP border bill

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(Original Signature of Member)

113 TH CONGRESS2D SESSION H. R. ll

Making supplemental appropriations for the fiscal year ending September30, 2014, and for other purposes.

IN THE HOUSE OF REPRESENTATIVESJ ULY 29, 2014

Mr. R OGERS of Kentucky introduced the following bill; which was referred tothe Committee on llllllllllllll

A BILL

Making supplemental appropriations for the fiscal yearending September 30, 2014, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled,2

That the following sums are appropriated, out of any3

money in the Treasury not otherwise appropriated, for the4

fiscal year ending September 30, 2014, and for other pur-5

poses, namely:6

VerDate Nov 24 2008 10:39 Jul 29, 2014 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\DOCUMENTS AND SETTINGS\DOAK\APPLICATION DATA\SOFTQUAD\XMETAL\5.5\GJuly 29, 2014 (10:39 a.m.)

H:\XML\FY14 SUPPLEMENTAL\FY14SUPP2.XML

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2

DIVISION ASUPPLEMENTAL1

APPROPRIATIONS AND RESCISSIONS2

TITLE I3

DEPARTMENT OF HOMELAND SECURITY4

U.S. C USTOMS AND BORDER P ROTECTION 5

SALARIES AND EXPENSES 6

For an additional amount for Salaries and Ex-7

penses, $71,000,000, to remain available until September8

30, 2015, for necessary expenses to apprehend, transport,9

and provide temporary shelter associated with the signifi-10

cant rise in unaccompanied alien children and alien adults11

accompanied by an alien minor at the Southwest Border12

of the United States, including related activities to secure13

the border, disrupt transnational crime, and the necessary14

acquisition, construction, improvement, repair, and man-15

agement of facilities: Provided , That not later than 3016

days after the date of the enactment of this Act, the Sec-17

retary of Homeland Security shall submit to the Commit-18

tees on Appropriations of the House of Representatives19

and the Senate an obligation and quarterly expenditure20

plan for these funds: Provided further , That the Secretary21

shall provide to such Committees quarterly updates on the22

expenditure of these funds.23



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3

U.S. I MMIGRATION AND CUSTOMS E NFORCEMENT 1

SALARIES AND EXPENSES 2

For an additional amount for Salaries and Ex-3

penses, $334,000,000, to remain available until Sep-4

tember 30, 2015, for necessary expenses to respond to the5

significant rise in unaccompanied alien children and alien6

adults accompanied by an alien minor at the Southwest7

Border of the United States, including for enforcement of8

immigration and customs law, including detention and re-9

moval operations, of which $262,000,000 shall be for Cus-10

tody Operations and $72,000,000 shall be for Transpor-11

tation and Removal operations: Provided , That not later12

than 30 days after the date of the enactment of this Act,13

the Secretary of Homeland Security shall submit to the14

Committees on Appropriations of the House of Represent-15

atives and the Senate an obligation and quarterly expendi-16

ture plan for these funds: Provided further , That the Sec-17

retary shall provide to such Committees quarterly updates18

on the expenditure of these funds.19

GENERAL PROVISIONSTHIS TITLE20

(INCLUDING RESCISSION) 21

SEC . 101. Notwithstanding any other provision of22

law, none of the funds provided by this title shall be avail-23

able for obligation or expenditure through a reprogram-24

ming or transfer of funds that proposes to use funds di-25



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rected for a specific activity by either of the Committees1

on Appropriations of the House of Representatives or the2

Senate for a different purpose than for which the appro-3

priations were provided: Provided , That prior to the obli-4

gation of such funds, a request for approval shall be sub-5

mitted to such Committees.6

SEC . 102. The Secretary of Homeland Security shall7

provide to the Congress quarterly reports that include: (1)8

the number of apprehensions at the border delineated by9

unaccompanied alien children and alien adults accom-10

panied by an alien minor; (2) the number of claims of a11

credible fear of persecution delineated by unaccompanied12

alien children and alien adults accompanied by an alien13

minor, and the number of determinations of valid claims14

of a credible fear of persecution delineated by unaccom-15

panied alien children and alien adults accompanied by an16

alien minor; (3) the number of unaccompanied alien chil-17

dren and alien adults accompanied by an alien minor18

granted asylum by an immigration judge, delineated by19

year of apprehension; (4) the number of alien adults ac-20

companied by an alien minor in detention facilities, alter-21

natives to detention, and other non-detention forms of su-22

pervision; and (5) the number of removals delineated by23

unaccompanied alien children and alien adults accom-24

panied by an alien minor.25



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SEC . 103. Of the unobligated balance available for1

Department of Homeland SecurityFederal Emergency2

Management AgencyDisaster Relief Fund,3

$405,000,000 is rescinded: Provided, That no amounts4

may be rescinded from amounts that were designated by5

the Congress as an emergency requirement pursuant to6

a concurrent resolution on a budget or the Balanced7

Budget and Emergency Deficit Control Act of 1985: Pro-8

vided further , That no amounts may be rescinded from the9

amounts that were designated by the Congress as being10

for disaster relief pursuant to section 251(b)(2)(D) of the11

Balanced Budget and Emergency Deficit Control Act of12

1985.13

SEC . 104. Notwithstanding any other provision of14

law, grants awarded under sections 2003 or 2004 of the15

Homeland Security Act of 2002 (6 U.S.C. 604 and 605)16

using funds provided under the heading Federal Emer-17

gency Management AgencyState and Local Programs18

in division F of Public Law 11376, division D of Public19

Law 1136, or division D of Public Law 11274 may be20

used by State and local law enforcement and public safety21

agencies within local units of government along the South-22

west Border of the United States for costs incurred during23

the award period of performance for personnel, overtime,24

travel, costs related to combating illegal immigration and25



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drug smuggling, and costs related to providing humani-1

tarian relief to unaccompanied alien children and alien2

adults accompanied by an alien minor who have entered3

the United States.4

TITLE II5

DEPARTMENT OF DEFENSEMILITARY6

MILITARY PERSONNEL7

N ATIONAL GUARD P ERSONNEL , A RMY 8

For an additional amount for National Guard Per-9

sonnel, Army, $12,419,000, to remain available until10

September 30, 2015, for necessary expenses related to the11

Southwest Border of the United States.12

N ATIONAL GUARD P ERSONNEL , A IR F ORCE 13

For an additional amount for National Guard Per-14

sonnel, Air Force, $2,258,000, to remain available until15

September 30, 2015, for necessary expenses related to the16

Southwest Border of the United States.17

OPERATION AND MAINTENANCE18

OPERATION AND M AINTENANCE , A RMY N ATIONAL 19

GUARD 20

For an additional amount for Operation and Main-21

tenance, Army National Guard, $15,807,000, to remain22

available until September 30, 2015, for necessary expenses23

related to the Southwest Border of the United States.24



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OPERATION AND M AINTENANCE , A IR N ATIONAL GUARD 1

For an additional amount for Operation and Main-2

tenance, Air National Guard, $4,516,000, to remain3

available until September 30, 2015, for necessary expenses4

related to the Southwest Border of the United States.5

GENERAL PROVISIONTHIS TITLE6

(RESCISSION) 7

SEC . 201. Of the unobligated balances of amounts ap-8

propriated in title II of division C of Public Law 1139

76 for Operation and Maintenance, Defense-Wide,10

$35,000,000 is hereby rescinded to reflect excess cash bal-11

ances in Department of Defense Working Capital Funds.12

TITLE III13

DEPARTMENT OF JUSTICE14

GENERAL A DMINISTRATION 15

ADMINISTRATIVE REVIEW AND APPEALS 16

For an additional amount for Administrative Review17

and Appeals for necessary expenses to respond to the sig-18

nificant rise in unaccompanied alien children and alien19

adults accompanied by an alien minor at the Southwest20

Border of the United States, $22,000,000, to remain21

available until September 30, 2015, of which $12,900,00022

shall be for additional temporary immigration judges and23

related expenses, and $9,100,000 shall be for technology24



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for judges to expedite the adjudication of immigration1

cases.2

GENERAL PROVISIONTHIS TITLE3

(RESCISSION) 4

SEC . 301. Of the unobligated balances available for5

Department of JusticeLegal ActivitiesAssets For-6

feiture Fund, $22,000,000 is hereby permanently re-7

scinded.8

TITLE IV9

GENERAL PROVISIONSTHIS TITLE10

REPATRIATION AND REINTEGRATION 11

SEC . 401. (a) R EPATRIATION AND REINTEGRA -12

TION .Of the funds appropriated in titles III and IV of13

division K of Public Law 11376, and in prior Acts mak-14

ing appropriations for the Department of State, foreign15

operations, and related programs, for assistance for the16

countries in Central America, up to $40,000,000 shall be17

made available for such countries for repatriation and re-18

integration activities: Provided , That funds made available19

pursuant to this section may be obligated notwithstanding20

subsections (c) and (e) of section 7045 of division K of21

Public Law 11376.22

(b) R EPORT .Prior to the initial obligation of funds23

made available pursuant to this section, but not later than24

15 days after the date of enactment of this Act, and every25



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90 days thereafter until September 30, 2015, the Sec-1

retary of State, in consultation with the Administrator of2

the United States Agency for International Development,3

shall submit to the appropriate congressional committees4

a report on the obligation of funds made available pursu-5

ant to this section by country and the steps taken by the6

government of each country to7

(1) improve border security;8

(2) enforce laws and policies to stem the flow9

of illegal entries into the United States;10

(3) enact laws and implement new policies to11

stem the flow of illegal entries into the United12

States, including increasing penalties for human13

smuggling;14

(4) conduct public outreach campaigns to ex-15

plain the dangers of the journey to the Southwest16

Border of the United States and to emphasize the17

lack of immigration benefits available; and18

(5) cooperate with United States Federal agen-19

cies to facilitate and expedite the return, repatri-20

ation, and reintegration of illegal migrants arriving21

at the Southwest Border of the United States.22

(c) S USPENSION OF A SSISTANCE .The Secretary of23

State shall suspend assistance provided pursuant to this24

section to the government of a country if such government25



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is not making significant progress on each item described1

in paragraphs (1) through (5) of subsection (b): Provided ,2

That assistance may only be resumed if the Secretary re-3

ports to the appropriate congressional committees that4

subsequent to the suspension of assistance such govern-5

ment is making significant progress on each of the items6

enumerated in such subsection.7

(d) N OTIFICATION REQUIREMENT .Funds made8

available pursuant to this section shall be subject to the9

regular notification procedures of the Committees on Ap-10

propriations of the House of Representatives and the Sen-11

ate.12

(RESCISSION) 13

SEC . 402. Of the unexpended balances available to14

the President for bilateral economic assistance under the15

heading Economic Support Fund from prior Acts mak-16

ing appropriations for the Department of State, foreign17

operations, and related programs, $197,000,000 is re-18

scinded: Provided , That no amounts may be rescinded19

from amounts that were designated by the Congress for20

Overseas Contingency Operations/Global War on Ter-21

rorism pursuant to section 251(b)(2)(A) of the Balanced22

Budget and Emergency Deficit Control Act of 1985 or as23

an emergency requirement pursuant to a concurrent reso-24



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lution on the budget or the Balanced Budget and Emer-1

gency Deficit Control Act of 1985.2

TITLE V3

DEPARTMENT OF HEALTH AND HUMAN4

SERVICES5

A DMINISTRATION FOR CHILDREN AND F AMILIES 6

REFUGEE AND ENTRANT ASSISTANCE 7

For an additional amount for Refugee and Entrant8

Assistance, $197,000,000, to be merged with and avail-9

able for the same time period and for the same purposes10

as the funds made available under this heading in division11

H of Public Law 11376 for carrying out such sections12

414, 501, 462, and 235: Provided , That of this amount,13

$47,000,000 shall be for the Social Services and Targeted14

Assistance programs.15

This division may be cited as the Secure the South-16

west Border Supplemental Appropriations Act, 2014.17



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DIVISION BSECURE THE SOUTHWEST1

BORDER ACT OF 20142

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.3

(a) S HORT T ITLE .This division may be cited as the4

Secure the Southwest Border Act of 2014.5

(b) T ABLE OF CONTENTS .The table of contents for6

this division is as follows:7

Sec. 1. Short title; table of contents.

TITLE IPROTECTING CHILDREN

Sec. 101. Repatriation of unaccompanied alien children.Sec. 102. Expedited due process and screening of unaccompanied alien children.

Sec. 103. Due process protections for unaccompanied alien children present inthe United States.

Sec. 104. Emergency immigration judge resources.Sec. 105. Protecting children from human traffickers, sex offenders, and other

criminals.Sec. 106. Inclusion of additional grounds for per se ineligibility for asylum.

TITLE IIUSE OF NATIONAL GUARD TO IMPROVE BORDERSECURITY

Sec. 201. National Guard support for border operations.

TITLE IIINATIONAL SECURITY AND FEDERAL LANDSPROTECTION

Sec. 301. Prohibition on actions that impede border security on certain Federalland.

Sec. 302. Sense of Congress on placement of unauthorized aliens at military in-stallations.

TITLE IPROTECTING8

CHILDREN9

SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHIL-10

DREN.11

Section 235(a) of the William Wilberforce Trafficking12

Victims Protection Reauthorization Act of 2008 (8 U.S.C.13

1232(a)) is amended14



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(1) in paragraph (2)1

(A) by amending the paragraph heading to2

read as follows: R ULES FOR UNACCOMPANIED 3

ALIEN CHILDREN ;4

(B) in subparagraph (A), in the matter5

preceding clause (i), by striking who is a na-6

tional or habitual resident of a country that is7

contiguous with the United States; and8

(C) in subparagraph (C)9

(i) by amending the subparagraph10

heading to read as follows: A GREEMENTS 11

WITH FOREIGN COUNTRIES ; and12

(ii) in the matter preceding clause (i),13

by striking countries contiguous to the14

United States and inserting Canada, El15

Salvador, Guatemala, Honduras, Mexico,16

and any other foreign country that the17

Secretary determines appropriate; and18

(2) in paragraph (5)(D)19

(A) in the subparagraph heading, by strik-20

ing P LACEMENT IN REMOVAL PROCEEDINGS 21

and inserting E XPEDITED DUE PROCESS AND 22

SCREENING FOR UNACCOMPANIED ALIEN CHIL -23

DREN ;24



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(B) in the matter preceding clause (i), by1

striking , except for an unaccompanied alien2

child from a contiguous country subject to the3

exceptions under subsection (a)(2), shall be4

and inserting who meets the criteria listed in5

paragraph (2)(A);6

(C) by striking clause (i) and inserting the7

following:8

(i) shall be placed in a proceeding in9

accordance with section 235B of the Immi-10

gration and Nationality Act, which shall11

commence not later than 7 days after the12

screening of an unaccompanied alien child13

described in paragraph (4);;14

(D) by redesignating clauses (ii) and (iii)15

as clauses (iii) and (iv), respectively;16

(E) by inserting after clause (i) the fol-17

lowing:18

(ii) may not be placed in the imme-19

diate custody of a nongovernmental spon-20

sor or otherwise released from the custody21

of the United States Government until the22

child is repatriated unless the child is the23

subject of an order under section24



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235B(e)(1) of the Immigration and Na-1

tionality Act;;2

(F) in clause (iii), as redesignated, by in-3

serting is before eligible; and4

(G) in clause (iv), as redesignated, by in-5

serting shall be before provided.6

SEC. 102. EXPEDITED DUE PROCESS AND SCREENING OF7

UNACCOMPANIED ALIEN CHILDREN .8

(a) A MENDMENTS TO IMMIGRATION AND N ATION -9

ALITY A CT .10

(1) I N GENERAL .Chapter 4 of the Immigra-11

tion and Nationality Act is amended by inserting12

after section 235A the following:13

SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND14

SCREENING FOR UNACCOMPANIED ALIEN15

CHILDREN.16

(a) D EFINED T ERM .In this section, the term asy-17

lum officer had the meaning given such term in section18

235(b)(1)(E) of the Immigration and Nationality Act (819

U.S.C. 1225(b)(1)(E)).20

(b) P ROCEEDING .21

(1) I N GENERAL .Not later than 7 days after22

the screening of an unaccompanied alien child under23

section 235(a)(4) of the William Wilberforce Traf-24

ficking Victims Protection Reauthorization Act of25



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2008 (8 U.S.C. 1232(a)(4)), an immigration judge1

shall conduct a proceeding to inspect, screen, and2

determine the status of an unaccompanied alien3

child who is an applicant for admission to the4

United States.5

(2) T IME LIMIT .Not later than 72 hours6

after the conclusion of a proceeding with respect to7

an unaccompanied alien child under this section, the8

immigration judge who conducted such proceeding9

shall issue an order pursuant to subsection (e).10

(c) C ONDUCT OF P ROCEEDING .11

(1) A UTHORITY OF IMMIGRATION JUDGE .12

The immigration judge conducting a proceeding13

under this section14

(A) shall administer oaths, receive evi-15

dence, and interrogate, examine, and cross-ex-16

amine the alien and any witnesses;17

(B) may issue subpoenas for the attend-18

ance of witnesses and presentation of evidence;19

and20

(C) is authorized to sanction by civil21

money penalty any action (or inaction) in con-22

tempt of the judges proper exercise of author-23

ity under this Act.24



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(2) F ORM OF PROCEEDING .A proceeding1

under this section may take place2

(A) in person;3

(B) at a location agreed to by the parties,4

in the absence of the alien;5

(C) through video conference; or6

(D) through telephone conference.7

(3) P RESENCE OF ALIEN .If it is impracti-8

cable by reason of an aliens mental incompetency9

for the alien to be present at the proceeding, the At-10

torney General shall prescribe safeguards to protect11

the rights and privileges of the alien.12

(4) R IGHTS OF THE ALIEN .In a proceeding13

under this section14

(A) the alien shall be given the privilege15

of being represented, at no expense to the Gov-16

ernment, by counsel of the aliens choosing who17

is authorized to practice in such proceedings;18

(B) the alien shall be given a reasonable19

opportunity20

(i) to examine the evidence against21

the alien;22

(ii) to present evidence on the aliens23

own behalf; and24



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(iii) to cross-examine witnesses pre-1

sented by the Government;2

(C) the rights set forth in subparagraph3

(B) shall not entitle the alien4

(i) to examine such national security5

information as the Government may prof-6

fer in opposition to the aliens admission to7

the United States; or8

(ii) to an application by the alien for9

discretionary relief under this Act; and10

(D) a complete record shall be kept of all11

testimony and evidence produced at the pro-12

ceeding.13

(5) W ITHDRAWAL OF APPLICATION FOR AD -14

MISSION .In the discretion of the Attorney General,15

an alien applying for admission to the United States16

may, and at any time, be permitted to withdraw17

such application and immediately be returned to the18

aliens country of nationality or country of last ha-19

bitual residence.20

(6) C ONSEQUENCES OF FAILURE TO AP -21

PEAR .Any alien who fails to appear at a pro-22

ceeding required under this section, shall be ordered23

removed in absentia if the Government establishes24



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by a preponderance of the evidence that the alien1

was at fault for their absence from the proceedings.2

(d) D ECISION AND BURDEN OF P ROOF .3

(1) D ECISION .4

(A) I N GENERAL .At the conclusion of a5

proceeding under this section, the immigration6

judge shall determine whether an unaccom-7

panied alien child is likely to be8

(i) admissible to the United States;9

or10

(ii) eligible for any form of relief11

from removal under this Act.12

(B) E VIDENCE .The determination of13

the immigration judge under subparagraph (A)14

shall be based only on the evidence produced at15

the hearing.16

(2) B URDEN OF PROOF .17

(A) I N GENERAL .In a proceeding under18

this section, an alien who is an applicant for19

admission has the burden of establishing, by a20

preponderance of the evidence, that the alien21

(i) is likely to be entitled to be law-22

fully admitted to the United States or eli-23

gible for any form of relief from removal24

under this Act; or25



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(ii) is lawfully present in the United1

States pursuant to a prior admission.2

(B) A CCESS TO DOCUMENTS .In meeting3

the burden of proof under subparagraph (A)(ii),4

the alien shall be given access to5

(i) the aliens visa or other entry6

document, if any; and7

(ii) any other records and docu-8

ments, not considered by the Attorney9

General to be confidential, pertaining to10

the aliens admission or presence in the11

United States.12

(e) O RDERS .13

(1) P LACEMENT IN FURTHER PRO -14

CEEDINGS .If an immigration judge determines15

that the unaccompanied alien child has met the bur-16

den of proof under subsection (d)(2), the judge shall17

order the alien to be placed in further proceedings18

in accordance with section 240.19

(2) O RDERS OF REMOVAL .If an immigration20

judge determines that the unaccompanied alien child21

has not met the burden of proof required under sub-22

section (d)(2), the judge shall order the alien re-23

moved from the United States without further hear-24

ing or review unless the alien claims25



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(A) an intention to apply for asylum1

under section 208; or2

(B) a fear of persecution.3

(3) C LAIMS FOR ASYLUM .If an unaccom-4

panied alien child described in paragraph (2) claims5

an intention to apply for asylum under section 2086

or a fear of persecution, the judge shall order the7

alien referred for an interview by an asylum officer8

under subsection (f).9

(f) A SYLUM INTERVIEWS .10

(1) D EFINED TERM .In this subsection, the11

term credible fear of persecution has the meaning12

given such term in section 235(b)(1)(B)(v) of the13

Immigration and Nationality Act (8 U.S.C.14

1225(b)(1)(B)(v)).15

(2) C ONDUCT BY ASYLUM OFFICER .An asy-16

lum officer shall conduct interviews of aliens referred17

under subsection (e)(3).18

(3) R EFERRAL OF CERTAIN ALIENS .If the19

officer determines at the time of the interview that20

an alien has a credible fear of persecution, the alien21

shall be held in the custody of the Secretary of22

Health and Human Services pursuant to section23

235(b) of the William Wilberforce Trafficking Vic-24

tims Protection Reauthorization Act of 2008 (825



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U.S.C. 1232(b)) during further consideration of the1

application for asylum.2

(4) R EMOVAL WITHOUT FURTHER REVIEW IF 3

NO CREDIBLE FEAR OF PERSECUTION .4

(A) I N GENERAL .Subject to subpara-5

graph (C), if the asylum officer determines that6

an alien does not have a credible fear of perse-7

cution the officer shall order the alien removed8

from the United States without further hearing9

or review.10

(B) R ECORD OF DETERMINATION .The11

officer shall prepare a written record of a deter-12

mination under subparagraph (A), which shall13

include14

(i) a summary of the material facts15

as stated by the applicant;16

(ii) such additional facts (if any) re-17

lied upon by the officer;18

(iii) the officers analysis of why, in19

light of such facts, the alien has not estab-20

lished a credible fear of persecution; and21

(iv) a copy of the officers interview22

notes.23

(C) R EVIEW OF DETERMINATION .24



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23

(i) R ULEMAKING .The Attorney1

General shall establish, by regulation, a2

process by which an immigration judge will3

conduct a prompt review, upon the aliens4

request, of a determination under subpara-5

graph (A) that the alien does not have a6

credible fear of persecution.7

(ii) M ANDATORY COMPONENTS .8

The review described in clause (i)9

(I) shall include an opportunity10

for the alien to be heard and ques-11

tioned by the immigration judge, ei-12

ther in person or by telephonic or13

video connection; and14

(II) shall be conducted15

(aa) as expeditiously as16

possible;17

(bb) within the 24-hour pe-18

riod beginning at the time the19

asylum officer makes a deter-20

mination under subparagraph21

(A), to the maximum extent22

practicable; and23

(cc) in no case later than 724

days after such determination.25



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(5) M ANDATORY PROTECTIVE CUSTODY .Any1

alien subject to the procedures under this subsection2

shall be held in the custody of the Secretary of3

Health and Human Services pursuant to Section4

235(b) of the William Wilberforce Trafficking Vic-5

tims Protection Reauthorization Act of 2008 (86

U.S.C. 1232(b))7

(A) pending a final determination of an8

asylum application under section 208; or9

(B) after a determination that the alien10

does not have a credible fear of persecution,11

until the alien is removed.12

(g) L IMITATION ON A DMINISTRATIVE REVIEW .13

(1) I N GENERAL .Except as provided in sub-14

section (f)(4)(C) and paragraph (2), a removal order15

entered in accordance with subsection (e)(2) or16

(f)(4)(A) is not subject to administrative appeal.17

(2) R ULEMAKING .The Attorney General18

shall establish, by regulation, a process for the19

prompt review of an order under subsection (e)(2)20

against an alien who claims under oath, or as per-21

mitted under penalty of perjury under section 174622

of title 28, United States Code, after having been23

warned of the penal ties for falsely making such24

claim under such conditions to have been25



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25

(A) lawfully admitted for permanent resi-1

dence;2

(B) admitted as a refugee under section3

207; or4

(C) granted asylum under section 208.5

(h) L AST IN , F IRST OUT .In any proceedings, de-6

terminations, or removals under this section, priority shall7

be accorded to the alien who has most recently arrived8

in the United States..9

(2) C LERICAL AMENDMENT .The table of con-10

tents for the Immigration and Nationality Act (811

U.S.C. 1101 et seq.) is amended by inserting after12

the item relating to section 235A the following:13

Sec. 235B. Humane and expedited inspection and screening for unaccom-panied alien children..

(b) J UDICIAL REVIEW OF ORDERS OF REMOVAL .14

Section 242 of the Immigration and Nationality Act (815

U.S.C. 1252) is amended16

(1) in subsection (a)17

(A) in paragraph (1), by inserting , or an18

order of removal issued to an unaccompanied19

alien child after proceedings under section20235B after section 235(b)(1); and21

(B) in paragraph (2)22



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26

(i) by inserting or section 235B1

after section 235(b)(1) each place it ap-2

pears; and3

(ii) in subparagraph (A)4

(I) in the subparagraph heading,5

by inserting OR 235B after SEC -6

TION 235(B)(1) ; and7

(II) in clause (iii), by striking8

section 235(b)(1)(B), and inserting9

section 235(b)(1)(B) or 235B(f);;10

and11

(2) in subsection (e)12

(A) in the subsection heading, by inserting13

OR 235B after S ECTION 235( B )(1);14

(B) by inserting or section 235B after15

section 235(b)(1) in each place it appears;16

(C) in subparagraph (2)(C), by inserting17

or section 235B(g) after section18

235(b)(1)(C); and19

(D) in subparagraph (3)(A), by inserting20

or section 235B after section 235(b).21



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27SEC. 103. DUE PROCESS PROTECTIONS FOR UNACCOM-1

PANIED ALIEN CHILDREN PRESENT IN THE2

UNITED STATES.3

(a) F ILING A UTHORIZED .Not later than 60 days4

after the date of the enactment of this Act, the Secretary5

of Homeland Security, notwithstanding any other provi-6

sion of law, shall, at an immigration court designated to7

conduct proceedings under section 235B of the Immigra-8

tion and Nationality Act, permit an unaccompanied alien9

child who was issued a Notice to Appear under section10

239 of the Immigration and Nationality Act (8 U.S.C.11

1229) during the period beginning on January 1, 2013,12

and ending on the date of the enactment of this Act13

(1) to appear, in-person, before an immigration14

judge who has been authorized by the Attorney Gen-15

eral to conduct proceedings under section 235B of16

the Immigration and Nationality Act, as added by17

section 102;18

(2) to attest to their desire to apply for admis-19

sion to the United States; and20

(3) to file a motion21

(A) to replace any Notice to Appear issued22

between January 1, 2013 and the date of the23

enactment of this Act under section 239 of the24

Immigration and Nationality Act (8 U.S.C.25

1229); and26



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28

(B) to apply for admission to the United1

States by being placed in proceedings under2

section 235B of the Immigration and Nation-3

ality Act.4

(b) M OTION GRANTED .An immigration judge may,5

at the sole and unreviewable discretion of the judge, grant6

a motion filed under subsection (a)(3) upon a finding7

that8

(1) the petitioner was an unaccompanied alien9

child (as such term is defined in section 462 of the10

Homeland Security Act of 2002 (6 U.S.C. 279)) on11

the date on which a Notice to Appear described in12

subsection (a) was issued to the alien;13

(2) the Notice to Appear was issued during the14

period beginning on January 1, 2013, and ending on15

the date of the enactment of this Act;16

(3) the unaccompanied alien child is applying17

for admission to the United States; and18

(4) the granting of such motion would not be19

manifestly unjust.20

(c) E FFECT OF MOTION .Notwithstanding any21

other provision of law, upon the granting of a motion to22

replace under subsection (b), the immigration judge who23

granted such motion shall24



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30

through the hiring of retired immigration judges, adminis-1

trative law judges, or magistrate judges, or the reassign-2

ment of current immigration judges, that are dedicated3

to conducting humane and expedited inspection and4

screening for unaccompanied alien children under section5

235B of the Immigration and Nationality Act, as added6

by section 102. Such designations shall remain in effect7

solely for the duration of the humanitarian crisis at the8

southern border (as determined by the Secretary of Home-9

land Security, in consultation with the Attorney General).10

(b) R EQUIREMENT .The Attorney General shall en-11

sure that sufficient immigration judge resources are dedi-12

cated to the purpose described in subsection (a) to comply13

with the requirement under section 235B(b)(1) of the Im-14

migration and Nationality Act.15

SEC. 105. PROTECTING CHILDREN FROM HUMAN TRAF-16

FICKERS, SEX OFFENDERS, AND OTHER17

CRIMINALS.18

Section 235(c)(3) of the William Wilberforce Traf-19

ficking Victims Protection Reauthorization Act of 2008 (820

U.S.C. 1232(c)(3)) is amended21

(1) in subparagraph (A), by inserting , includ-22

ing a mandatory biometric criminal history check23

before the period at the end; and24

(2) by adding at the end the following25



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31

(D) P ROHIBITION ON PLACEMENT WITH 1

SEX OFFENDERS AND HUMAN TRAFFICKERS .2

(i) I N GENERAL .The Secretary of3

Health and Human Services may not place4

an unaccompanied alien child in the cus-5

tody of an individual who has been con-6

victed of7

(I) a sex offense, (as defined in8

section 111 of the Sex Offender Reg-9

istration and Notification Act (4210

U.S. 16911); or11

(II) a crime involving a severe12

form of trafficking in persons (as de-13

fined in section 103 of the Trafficking14

Victims Protection Act of 2000 (2215

U.S.C. 7102)).16

(ii) R EQUIREMENTS OF CRIMINAL 17

BACKGROUND CHECK .A biometric crimi-18

nal history check under subparagraph (A)19

shall be based on a set of fingerprints or20

other biometric identifiers and conducted21

through22

(I) the Federal Bureau of Inves-23

tigation; and24



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32

(II) criminal history repositories1

of all States that the individual lists2

as current or former residences..3

SEC. 106. INCLUSION OF ADDITIONAL GROUNDS FOR PER4

SE INELIGIBILITY FOR ASYLUM.5

Section 208(b)(2)(A)(iii) of the Immigration and Na-6

tionality Act (8 U.S.C. 1158(b)(2)(A)(iii)) is amended by7

inserting after a serious nonpolitical crime the fol-8

lowing: (including any drug-related offense punishable by9

a term of imprisonment greater than 1 year).10

TITLE IIUSE OF NATIONAL11

GUARD TO IMPROVE BORDER12

SECURITY13

SEC. 201. NATIONAL GUARD SUPPORT FOR BORDER OPER-14

ATIONS.15

(a) D EPLOYMENT A UTHORITY AND F UNDING .16

Amounts appropriated for the Department of Defense in17

this Act shall be expended for any units or personnel of18

the National Guard deployed to perform operations and19

missions under section 502(f) of title 32, United States20

Code, on the southern border of the United States.21

(b) A SSIGNMENT OF OPERATIONS AND MISSIONS .22

(1) I N GENERAL .National Guard units and23

personnel deployed under subsection (a) may be as-24

signed such operations as may be necessary to pro-25



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33

vide assistance for operations on the southern bor-1

der, with priority given to high traffic areas experi-2

encing the highest number of crossings by unaccom-3

panied alien children.4

(2) N ATURE OF DUTY .The duty of National5

Guard personnel performing operations and missions6

on the southern border shall be full-time duty under7

title 32, United States Code.8

(c) M ATERIEL AND LOGISTICAL SUPPORT .The Sec-9

retary of Defense shall deploy such materiel and equip-10

ment and logistical support as may be necessary to ensure11

success of the operations and missions conducted by the12

National Guard under this section.13

(d) E XCLUSION F ROM N ATIONAL GUARD P ER -14

SONNEL STRENGTH L IMITATIONS .National Guard per-15

sonnel deployed under subsection (a) shall not be included16

in17

(1) the calculation to determine compliance18

with limits on end strength for National Guard per-19

sonnel; or20

(2) limits on the number of National Guard21

personnel that may be placed on active duty for22

operational support under section 115 of title 10,23

United States Code.24



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35

TITLE IIINATIONAL SECURITY1

AND FEDERAL LANDS PRO-2

TECTION3

SEC. 301. PROHIBITION ON ACTIONS THAT IMPEDE BOR-4

DER SECURITY ON CERTAIN FEDERAL LAND.5

(a) P ROHIBITION ON SECRETARIES OF THE INTE -6

RIOR AND A GRICULTURE .The Secretary of the Interior7

or the Secretary of Agriculture shall not impede, prohibit,8

or restrict activities of U.S. Customs and Border Protec-9

tion on Federal land located within 100 miles of the10

United States border with Mexico that is under the juris-11

diction of the Secretary of the Interior or the Secretary12

of Agriculture, to execute search and rescue operations,13

and to prevent all unlawful entries into the United States,14

including entries by terrorists, other unlawful aliens, in-15

struments of terrorism, narcotics, and other contraband16

through such international land border of the United17

States. These authorities of U.S. Customs and Border18

Protection on such Federal land apply whether or not a19

state of emergency exists.20

(b) A UTHORIZED

A CTIVITIES OF U

.S

. CUSTOMS AND

21

BORDER P ROTECTION .U.S. Customs and Border Pro-22

tection shall have immediate access to Federal land within23

100 miles of the United States border with Mexico that24

is under the jurisdiction of the Secretary of the Interior25



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36

or the Secretary of Agriculture for purposes of conducting1

the following activities on such land that prevent all un-2

lawful entries into the United States, including entries by3

terrorists, other unlawful aliens, instruments of terrorism,4

narcotics, and other contraband through such inter-5

national land border of the United States:6

(1) Construction and maintenance of roads.7

(2) Construction and maintenance of barriers.8

(3) Use of vehicles to patrol, apprehend, or res-9

cue.10

(4) Installation, maintenance, and operation of11

communications and surveillance equipment and sen-12

sors.13

(5) Deployment of temporary tactical infra-14

structure.15

(c) C LARIFICATION RELATING TO W AIVER A UTHOR -16

ITY .17

(1) I N GENERAL .Notwithstanding any other18

provision of law (including any termination date re-19

lating to the waiver referred to in this subsection),20

the waiver by the Secretary of Homeland Security21

on April 1, 2008, under section 102(c)(1) of the Ille-22

gal Immigration Reform and Immigrant Responsi-23

bility Act of 1996 (8 U.S.C. 1103 note; Public Law24

104208) of the laws described in paragraph (2)25



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37

with respect to certain sections of the international1

border between the United States and Mexico shall2

be considered to apply to all Federal land under the3

jurisdiction of the Secretary of the Interior or the4

Secretary of Agriculture within 100 miles of such5

international land border of the United States for6

the activities of U.S. Customs and Border Protection7

described in subsection (b).8

(2) D ESCRIPTION OF LAWS WAIVED .The laws9

referred to in paragraph (1) are limited to the Wil-10

derness Act (16 U.S.C. 1131 et seq.), the National11

Environmental Policy Act of 1969 (42 U.S.C. 432112

et seq.), the Endangered Species Act of 1973 (1613

U.S.C. 1531 et seq.), the National Historic Preser-14

vation Act (16 U.S.C. 470 et seq.), Public Law 8615

523 (16 U.S.C. 469 et seq.), the Act of June 8,16

1906 (commonly known as the Antiquities Act of17

1906; 16 U.S.C. 431 et seq.), the Wild and Scenic18

Rivers Act (16 U.S.C. 1271 et seq.), the Federal19

Land Policy and Management Act of 1976 (4320

U.S.C. 1701 et seq.), the National Wildlife Refuge21

System Administration Act of 1966 (16 U.S.C.22

668dd et seq.), the Fish and Wildlife Act of 195623

(16 U.S.C. 742a et seq.), the Fish and Wildlife Co-24

ordination Act (16 U.S.C. 661 et seq.), subchapter25



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38

II of chapter 5, and chapter 7, of title 5, United1

States Code (commonly known as the Administra-2

tive Procedure Act), the National Park Service Or-3

ganic Act (16 U.S.C. 1 et seq.), the General Au-4

thorities Act of 1970 (Public Law 91383) (165

U.S.C. 1a-1 et seq.), sections 401(7), 403, and 4046

of the National Parks and Recreation Act of 19787

(Public Law 95625, 92 Stat. 3467), and the Ari-8

zona Desert Wilderness Act of 1990 (16 U.S.C.9

1132 note; Public Law 101628).10

(d) P ROTECTION OF LEGAL USES .This section11

shall not be construed to provide12

(1) authority to restrict legal uses, such as13

grazing, hunting, mining, or public-use recreational14

and backcountry airstrips on land under the jurisdic-15

tion of the Secretary of the Interior or the Secretary16

of Agriculture; or17

(2) any additional authority to restrict legal ac-18

cess to such land.19

(e) E FFECT ON STATE AND P RIVATE L AND .This20

Act shall21

(1) have no force or effect on State or private22

lands; and23

(2) not provide authority on or access to State24

or private lands.25



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39

(f) T RIBAL SOVEREIGNTY .Nothing in this section1

supersedes, replaces, negates, or diminishes treaties or2

other agreements between the United States and Indian3

tribes.4

SEC. 302. SENSE OF CONGRESS ON PLACEMENT OF UNAU-5

THORIZED ALIENS AT MILITARY INSTALLA-6

TIONS.7

(a) S ENSE OF CONGRESS .It is the sense of Con-8

gress that9

(1) the Secretary of Defense should not allow10

the placement of unauthorized aliens at a military11

installation unless12

(A) the Secretary submits written notice to13

the congressional defense committees and each14

Member of Congress representing any jurisdic-15

tion in which an affected military installation is16

situated; and17

(B) the Secretary publishes notice in the18

Federal Register;19

(2) the placement of unauthorized aliens at a20

military institution should not displace active mem-21

bers of the Armed Forces;22

(3) the placement of unauthorized aliens at a23

military institution should not interfere with any24

mission of the Department of Defense;25



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40

(4) the Secretary of Health and Human Serv-1

ices should not use a military installation for the2

placement of unauthorized aliens unless all other fa-3

cilities of the Department of Health and Human4

Services are unavailable;5


ices should not use a military installation for the7

placement of unauthorized aliens for more than 1208

days;9


ices should ensure that all unauthorized alien chil-11

dren are vaccinated upon arrival at a military instal-12

lation as set forth in the guidelines of the Office of13

Refugee Resettlement;14


ices should ensure that all individuals under the su-16

pervision of the Secretary with access to unauthor-17

ized alien children at a military installation are18

properly cleared according to the procedures set19

forth in the Victims of Child Abuse Act of 1990 (4220

U.S.C. 13001 et seq.);21


ices should fully comply with the provisions of the23

Victims of Child Abuse Act of 1990 (42 U.S.C.24

13001 et seq.) with respect to background checks25



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41

and should retain full legal responsibility for such1

compliance; and2

(9) in accordance with section 1535 of title 31,3

United States Code (commonly referred to as the4

Economy Act), the Secretary of Health and5

Human Services should reimburse the Secretary of6

Defense for all expenses incurred by the Secretary of7

Defense in carrying out the placement of unauthor-8

ized aliens at a military installation.9

(b) D EFINITIONS .In this section:10

(1) The term congressional defense commit-11

tees has the meaning given that term in section12

101(a)(16) of title 10, United States Code.13

(2) The term Member of Congress has the14

meaning given that term in section 1591(c)(1) of15

title 10, United States Code.16

(3) The term military installation has the17

meaning given that term in section 2801(c)(4) of18

title 10, United States Code, but does not include an19

installation located outside of the United States.20

(4) The term placement means the placement21

of an unauthorized alien in either a detention facility22

or an alternative to such a facility.23

(5) The term unauthorized alien means an24

alien unlawfully present in the United States, but25



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42

does not include a dependent of a member of the1

Armed Forces.2


Documents

GOP border bill