,,ii #aacth ,,congress #b;d ,session ,s4 #bfai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ag1 #bjad ,mr4 ,mc,cain 7for himself1 ,mr4 ,flake1 ,mr4 ,graham1 ,ms4 ,ayotte1 and ,mr4 ,inhofe7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to prevent organized human smuggling1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,children ,returning on an ,expedited and ,safe ,timeline ,act or the ,,crest ,act4 #b4 ,defined term ,for purposes of this ,act1 the term unaccompanied alien child means an alien who-- 7#a7 has no lawful immigration status in the ,united ,states2 7#b7 has not attained #ah years of age2 and 7#c7 attempts to enter or has entered the ,united ,states unaccompanied by a parent or legal guardian4 #c4 ,reducing the number of unaccompanied alien children from ,el ,salvador1 ,guatemala1 and ,honduras 7a7 ,restrictions on foreign aid to certain countries 7#a7 ,initial certification ,beginning on the date that is #f months after the date of the enactment of this ,act1 the ,federal ,government shall not provide any non-security assistance to ,el ,salvador1 ,guatemala1 or ,honduras until the ,president certifies that the government of ,el ,salvador1 of ,guatemala1 or of ,honduras1 respectively is-- 7,a7 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 ,states2 and 7,b7 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 origin4 7#b7 ,subsequent certifications ,the restriction under paragraph 7#a7 shall take effect beginning on the date that is #a year after the ,president issued the latest certification in accordance with paragraph 7#a7 unless the ,president recertifies that the governments referred to in paragraph 7#a7 are meeting the requirements set forth in subparagraphs 7,a7 and 7,b7 of such paragraph4 7b7 ,in-,country refugee processing 7#a7 ,in general ,notwithstanding section #aja7;a77#db77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#db77;,b771 the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security and the ,director of the ,office of ,refugee ,resettlement of the ,department of ,health and ,human ,services1 shall carry out in-country processing of refugee applications in ,el ,salvador1 ,guatemala1 and ,honduras4 7#b7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out paragraph 7#a74 #d4 ,increasing the number of refugee admissions from certain countries 7a7 ,in general ,notwithstanding any other provision of law1 the ,president1 in determining the number of refugees who may be admitted under section #bjg7;a7 for fiscal years #bjad and #bjae1 shall authorize the admission1 in each such fiscal year1 of-- 7#a7 up to #e1jjj refugees from ,el ,salvador2 7#b7 up to #e1jjj refugees from ,guatemala2 and 7#c7 up to #e1jjj refugees from ,honduras4 #e4 ,preventing organized smuggling 7a7 ,unlawfully hindering immigration1 border1 or customs controls 7#a7 ,amendment to title #ah1 united states code 7,a7 ,in general ,chapter #bg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #eef4 ,unlawfully hindering immigration1 border1 or customs controls 7a7 ,illicit spotting ,any person who knowingly transmits to another person the location1 movement1 or activities of any ,federal1 ,state1 or tribal law enforcement agency with the intent to further a ,federal crime relating to ,united ,states immigration1 customs1 controlled substances1 agriculture1 monetary instruments1 or other border controls shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #aj years1 or both4 7b7 ,destruction of ,united ,states border controls ,any person who knowingly and without lawful authorization destroys1 alters1 or damages any fence1 barrier1 sensor1 camera1 or other physical or electronic device deployed by the ,federal ,government to control the border or a port of entry1 or otherwise seeks to construct1 excavate1 or make any structure intended to defeat1 circumvent or evade any such fence1 barrier1 sensor camera1 or other physical or electronic device deployed by the ,federal ,government to control the border or a port of entry-- 7#a7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #aj years1 or both2 and 7#b7 if1 at the time of the offense1 the person uses or carries a firearm or1 in furtherance of any such crime1 possesses a firearm1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #bj years1 or both4 7c7 ,conspiracy and attempt ,any person who attempts or conspires to violate subsection 7a7 or 7b7 shall be punished in the same manner as a person who completes a violation of such subsection4 4 7,b7 ,clerical amendment ,the table of sections for chapter #bg of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #eee the following3 #eef4 ,unlawfully hindering immigration1 border1 or customs controls4 4 7#b7 ,penalty for carrying or use of a firearm during and in relation to an alien smuggling crime ,section #ibd7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by inserting 1 alien smuggling crime1 after crime of violence each place such term appears2 and 7ii7 in subparagraph 7,d77ii71 by inserting 1 alien smuggling crime1 after crime of violence2 and 7,b7 by adding at the end the following3 7#f7 ,for purposes of this subsection1 the term alien smuggling crime means any felony punishable under section #bgd7;a71 #bgg1 or #bgh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a71 #acbg1 and #acbh74 4 7#c7 ,statute of limitations ,section #cbih of title #ah1 ,united ,states ,code1 is amended by striking or under and inserting 1 under section #b or subsection 7a71 7b71 or 7c7 of section #eef1 or under4 7b7 ,organized human smuggling 7#a7 ,amendment to title #ah1 united states code ,chapter #gg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #aeih4 ,organized human smuggling 7a7 ,prohibited activities ,it shall be unlawful for any person1 while acting for profit or other financial gain1 to knowingly direct or participate in an effort or scheme to assist or cause #e or more persons-- 7#a7 to enter1 attempt to enter1 or prepare to enter the ,united ,states-- 7,a7 by fraud1 falsehood1 or other corrupt means2 7,b7 at any place other than a port or place of entry designated by the ,secretary of ,homeland ,security2 or 7,c7 in a manner not prescribed by the immigration laws and regulations of the ,united ,states2 7#b7 to travel by air1 land1 or sea toward the ,united ,states 7whether directly or indirectly7-- 7,a7 knowing that the persons seek to enter or attempt to enter the ,united ,states without lawful authority2 and 7,b7 with the intent to aid or further such entry or attempted entry2 or 7#c7 to be transported or moved outside of the ,united ,states-- 7,a7 knowing that such persons are aliens in unlawful transit from #a country to another or on the high seas2 and 7,b7 under circumstances in which the persons are seeking to enter the ,united ,states without official permission or legal authority4 7b7 ,conspiracy and attempt ,any person who attempts or conspires to violate subsection 7a7 shall be punished in the same manner as a person who completes a violation of such subsection4 7c7 ,base penalty ,except as provided in subsection 7d71 any person who violates subsection 7a7 or 7b7 shall be fined under this title1 imprisoned for not more than #bj years1 or both4 7d7 ,enhanced penalties ,any person who violates subsection 7a7 or 7b7-- 7#a7 in the case of a violation during and in relation to which a serious bodily injury 7as defined in section #acfe7 occurs to any person1 shall be fined under this title1 imprisoned for not more than #cj years1 or both2 7#b7 in the case of a violation during and in relation to which the life of any person is placed in jeopardy1 shall be fined under this title1 imprisoned for not more than #cj years1 or both2 7#c7 in the case of a violation involving #aj or more persons1 shall be fined under this title1 imprisoned for not more than #cj years1 or both2 7#d7 in the case of a violation involving the bribery or corruption of a ,united ,states or foreign government official1 shall be fined under this title1 imprisoned for not more than #cj years1 or both2 7#e7 in the case of a violation involving robbery or extortion 7as such terms are defined in paragraph 7#a7 or 7#b71 respectively1 of section #aiea7;b771 shall be fined under this title1 imprisoned for not more than #cj years1 or both2 7#f7 in the case of a violation during and in relation to which any person is subjected to an involuntary sexual act 7as defined in section #bbdf7b771 shall be fined under this title1 imprisoned for not fewer than #e years and not more than #cj years1 or both2 7#g7 in the case of a violation resulting in the death of any person1 shall be fined under this title1 imprisoned for not fewer than #e years and up to life1 or both2 7#h7 in the case of a violation in which any alien is confined or restrained1 including by the taking of clothing1 goods1 or personal identification documents1 shall be fined under this title1 imprisoned not fewer than #e years and not more than #aj years1 or both2 and 7#i7 in the case of smuggling an unaccompanied alien child 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b7771 shall be fined under this title or imprisoned not more than #bj years4 7e7 ,definitions ,in this section3 7#a7 ,effort or scheme ,the term effort or scheme to assist or cause #e or more persons does not require that the #e or more persons enter1 attempt to enter1 prepare to enter1 or travel at the same time if such acts are completed during a #a-year period4 7#b7 ,lawful authority ,the term lawful authority-- 7,a7 means permission1 authorization1 or license that is expressly provided for under the immigration laws of the ,united ,states2 and 7,b7 does not include-- 7i7 any authority described in subparagraph 7,a7 that was secured by fraud or otherwise unlawfully obtained2 or 7ii7 any authority that was sought1 but not approved4 4 7#b7 ,clerical amendment ,the table of sections for chapter #gg of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #aeig the following3 #aeih4 ,organized human smuggling4 4 7c7 ,strategy ,to combat human smuggling 7#a7 ,defined term ,in this subsection1 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 activity1 as measured by ,u4,s4 ,customs and ,border ,protection4 7#b7 ,implementation ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall implement a strategy to deter1 detect1 and interdict human smuggling across the international land and maritime borders of the ,united ,states4 7#c7 ,components ,the strategy referred to in paragraph 7#b7 shall include-- 7,a7 efforts to increase coordination between the border and maritime security components of the ,department of ,homeland ,security2 7,b7 an identification of intelligence gaps impeding the ability to deter1 detect1 and interdict human smuggling across the international land and maritime borders of the ,united ,states2 7,c7 efforts to increase information sharing with ,state and local governments and other ,federal agencies2 7,d7 efforts to provide1 in coordination with the ,federal ,law ,enforcement ,training ,center1 training for the border and maritime security components of the ,department of ,homeland ,security to deter1 detect1 and interdict human smuggling across the international land and maritime borders of the ,united ,states2 and 7,e7 the identification of the high traffic areas of human smuggling along the international land and maritime borders of the ,united ,states4 7#d7 ,report 7,a7 ,in general ,not later than #f months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit a report that describes the strategy to be implemented under paragraph 7#b71 including the components listed in paragraph 7#c71 to-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7ii7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7,b7 ,form ,the ,secretary may submit the report required under subparagraph 7,a7 in classified form if the ,secretary determines that such form is appropriate4 7#e7 ,annual list of high traffic areas ,not later than ,february #ast of the first year beginning after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,homeland ,security shall submit a list of the high traffic areas of human smuggling referred to in paragraph 7#c77;,a7 to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives4 #f4 ,equitable treatment of unaccompanied alien children 7a7 ,in general ,section #bce7;a77#b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77 is amended-- 7#a7 by striking the paragraph heading and inserting ,rules for unaccompanied alien children2 7#b7 in subparagraph 7,a71 by striking who is a national or habitual resident of a country that is contiguous with the ,united ,states2 and 7#c7 in subparagraph 7,c7-- 7,a7 by striking the subparagraph heading and inserting ,agreements with foreign countries2 and 7,b7 by striking countries contiguous to the ,united ,states and inserting ,canada1 ,el ,salvador1 ,guatemala1 ,honduras1 ,mexico1 and any other foreign country that the ,secretary determines appropriate4 7b7 ,applicability ,the amendments made by subsection 7a7 shall apply to any unaccompanied alien child who was apprehended on or after ,october #a1 #bjac4 #g4 ,expedited removal authority for unaccompanied alien children ,section #bce7;a77#e77;,d7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77#e77;,d77 is amended-- 7#a7 by striking the subparagraph heading and inserting ,expedited removal for unaccompanied alien children2 7#b7 in the matter preceding clause 7i7-- 7,a7 by inserting described in paragraph 7#b77;,a7 who is after ,any unaccompanied alien child2 and 7,b7 by striking 1 except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection 7a77#b712 and 7#c7 by striking clause 7i7 and inserting the following3 7i7 placed in a proceeding in accordance with section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe74 4 #h4 ,mandatory safe ,federal custody ,section #bce7;c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77#b77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking shall be promptly placed in the least restrictive setting that is in the best interest of the child4 ,in making such placements1 the ,secretary may consider danger to self1 danger to the community1 and risk of flight4 ,placement of child trafficking victims may include placement in an ,unaccompanied ,refugee ,minor program pursuant to section #dab7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aebb7;d771 if a suitable family member is not available to provide care4 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 removal42 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 ,exceptions 7i7 ,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 persons1 a special needs child with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb771 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 threatened1 or a child with mental health needs that require ongoing assistance from a social welfare agency1 the child may be placed with a biological parent if-- 7,i7 the parent can prove that he or she is lawfully residing in the ,united ,states2 7,,ii7 the parent has submitted to a mandatory biometric criminal history check2 and 7,,iii7 the ,secretary completes a safety and suitability study of the parent's household4 7ii7 ,monitoring ,if an unaccompanied alien child described in clause 7i7 is between #ae and #ah years of age and the ,secretary of ,health and ,human ,services determines that such child is not a danger to self1 a danger to the community1 or a risk of flight1 the child shall-- 7,i7 enroll in the alternative to detention program of ,u4,s4 ,immigration and ,customs ,enforcement2 and 7,,ii7 continuously wear an electronic ankle monitor while his or her immigration case is pending4 7iii7 ,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 custody4 7iv7 ,failure to appear 7,i7 ,civil penalty ,if an unaccompanied alien child is placed with a parent and fails to appear in a mandatory court appearance1 the parent shall be subject to a civil penalty of #bej per day1 up to a maximum of #e1jjj4 7,,ii7 ,burden of proof ,the parent is not subject to the penalty imposed under subclause 7,i7 if the parent-- 7aa7 proves to the immigration court that the failure to appear by the unaccompanied alien child was not the fault of the parent2 and 7bb7 supplies the immigration court with documentary evidence that supports such assertion4 7v7 ,unaccompanied refugee minors program ,an unaccompanied alien child described in clause 7i7 who is a victim of a severe form of trafficking in persons may be placed in the ,unaccompanied ,refugee ,minors ,program authorized under section #dab7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aebb7;d77 if a parent is not available to provide care for the child in accordance with this subparagraph4 7,c7 ,information sharing ,in verifying the legal presence of parents under subparagraph 7,b77i77,i71 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 ,security4 2 and 7#b7 in paragraph 7#c77;,b71 by striking individual and inserting parent4 #i4 ,training ,the ,secretary of ,homeland ,security shall ensure that ,u4,s4 ,border ,patrol agents receive appropriate training in immigration laws relating to screening1 identifying1 and addressing vulnerable populations1 such as children1 victims of crime and human trafficking1 and individuals fleeing persecution or torture4 #aj4 ,emergency immigration personnel2 national juvenile docket 7a7 ,goal ,it shall be the goal of the ,attorney ,general1 the ,secretary of ,homeland ,security1 and the ,director of the ,executive ,office for ,immigration ,review to use the amounts appropriated pursuant to subsection 7f7 to bring a resolution to immigration cases1 from the issuance of a notice to appear through the exhaustion of appeals1 within #cj days4 7b7 ,emergency immigration judges 7#a7 ,designation ,not later than #ad days after the date of the enactment of this ,act1 the ,attorney ,general shall designate up to #ajj temporary immigration judges1 with renewable #f-month terms1 including through the hiring of retired immigration judges1 magistrate judges1 administrative law judges1 or other qualified attorneys using the same criteria as applied to the hiring of permanent immigration judges4 7#b7 ,requirement ,the ,attorney ,general shall ensure that sufficient immigration judge resources are dedicated to the purpose described in paragraph 7#a74 7c7 ,immigration litigation attorneys ,the ,secretary of ,homeland ,security shall hire #aej new immigration litigation attorneys in the ,field ,legal ,operations of ,u4,s4 ,immigration and ,customs ,enforcement with particular focus on the ,office of ,chief ,counsel attorneys in the areas of need4 7d7 ,asylum officers ,the ,secretary of ,homeland ,security shall hire #ajj new asylum officers to be placed in the ,refugee1 ,asylum1 and ,international ,operations ,directorate of the ,u4,s4 ,citizenship and ,immigration ,services4 7e7 ,juvenile docket 7#a7 ,in general ,except as provided in paragraph 7#b71 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 children4 7#b7 ,exemption ,the ,director may exempt an immigration court from the requirement under paragraph 7#a7 upon its application for exemption based on its juvenile caseload4 ,the ,director shall make a determination under this paragraph after reviewing the court's latest #b quarters of juvenile cases4 ,an exemption may be awarded if the ,director determines that a juvenile docket is not warranted4 7f7 ,authorization of appropriations ,there is authorized to be appropriated #ajj1jjj1jjj to carry out this section4 #aa4 ,reporting and monitoring requirements 7a7 ,reports 7#a7 ,initial report ,not later than #fj days after the date of the enactment of this ,act1 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 ,oct4 #a1 #bjac1 broken down by location and age4 7#b7 ,monthly discharge reports ,the ,secretary of ,health and ,human ,services shall submit a monthly report to each ,state in which unaccompanied alien children1 during the reporting period-- 7,a7 were discharged to their parents2 or 7,b7 were placed in a facility while remaining in the legal custody of the ,department of ,health and ,human ,services4 7#c7 ,contents ,the reports required under paragraph 7#b7 shall identify the number of children placed in the ,state during the reporting period1 broken down by-- 7,a7 location2 and 7,b7 age4 7b7 ,monitoring requirement ,the ,secretary of ,health and ,human ,services shall-- 7#a7 require all parents to agree-- 7,a7 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 placed2 and 7,b7 to provide a current address for the child and the reason for the change of address2 7#b7 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 resolved2 and 7#c7 not later than #fj days after the date of the enactment of this ,act1 provide to ,congress a plan for implementing the requirement set forth in paragraph 7#b74 7c7 ,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 ,services4 7d7 ,failure ,to appear ,the ,director of the ,executive ,office for ,immigration ,review shall-- 7#a7 track the number of unaccompanied alien children who fail to appear at a removal hearing that they were required to attend2 and 7#b7 make the information described in paragraph 7#a7 available to the public on a quarterly basis4