,,ii #aacth ,,congress #b;d ,session ,s4 #bfcb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ag1 #bjad ,mr4 ,vitter introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for the expedited processing of unaccompanied alien children illegally entering the ,united ,states1 and for other purposes4 #a4 ,equal treatment of unaccompanied alien children ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 by amending the paragraph heading to read as follows3 ,rules for unaccompanied alien children2 7ii7 in subparagraph 7,a71 by striking who is a national or habitual resident of a country that is contiguous with the ,united ,states2 7iii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking may and inserting shall2 and 7,,ii7 in clause 7ii71 by inserting not later than #gb hours after the child is screened under paragraph 7#d7 by placing the child on the next available flight to such country1 subject to determinations of cost1 feasibility and any repatriation agreements with such country before the period at the end2 and 7iv7 in subparagraph 7,c71 by striking countries contiguous to the ,united ,states and inserting countries from which large numbers of unaccompanied alien children are unlawfully entering the ,united ,states2 7,b7 in paragraph 7#d7-- 7i7 by striking ,within #dh hours of and inserting the following3 7,a7 ,in general ,not later than #dh hours after 2 and 7ii7 by striking ,nothing in this paragraph and inserting the following3 7,b7 ,gang affiliation ,if an immigration officer determines that an unaccompanied alien child is1 or has been1 affiliated with a criminal street gang 7as defined in section #eba7;a7 of title #ah1 ,united ,states ,code71 the child shall be treated in accordance with paragraph 7#b77;,b74 7,c7 ,savings provision ,nothing in this paragraph 2 and 7,c7 in paragraph 7#e77;,d71 by striking from a contiguous country subject to exceptions under subsection 7a77#b7 and inserting described in paragraph 7#b77;,a72 and 7#b7 in subsection 7c7-- 7,a7 by striking paragraphs 7#b7 through 7#d72 7,b7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#c7 and 7#d71 respectively2 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,mandatory detention for unaccompanied alien children ,an unaccompanied alien child who is apprehended by ,u4,s4 ,border ,patrol or ,u4,s4 ,immigration and ,customs ,enforcement shall be detained and remain in the custody of the ,department of ,homeland ,security until the child-- 7,a7 voluntarily departs from the ,united ,states in accordance with section #bdj;,b of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;c72 7,b7 is expeditiously removed from the ,united ,states in accordance with-- 7i7 an order of removal issued in accordance with section #bce7;b77#a7 of such ,act 7#h ,u4,s4,c4 #abbe7;b77#a772 or 7ii7 a final order of removal issued at the conclusion of special removal proceedings conducted pursuant to section #bdj of such ,act 7#h ,u4,s4,c4 #abbi;a72 or 7,c7 is legally admitted into the ,united ,states as-- 7i7 a refugee under section #bjg of such ,act 7#h ,u4,s4,c4 #aaeg72 or 7ii7 an asylee under section #bjh of such ,act 7#h ,u4,s4,c4 #aaeh74 4 #b4 ,expedited due process and screening of unaccompanied alien children 7a7 ,in general ,chapter #d of the ,immigration and ,nationality ,act is amended by inserting after section #bce;,a the following3 #bce;,b4 ,humane and expedited inspection and screening for unaccompanied alien children 7a7 ,defined term ,in this section1 the term asylum officer means an immigration officer who-- 7#a7 has had professional training in country conditions1 asylum law1 and interview techniques comparable to that provided to full-time adjudicators of applications under section #bjh1 and 7#b7 is supervised by an officer who-- 7,a7 meets the condition described in paragraph 7#a72 and 7,b7 has had substantial experience adjudicating asylum applications4 7b7 ,proceeding 7#a7 ,in general ,not later than #g days after the screening of an unaccompanied alien child under section #bce7;a77#d7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77#d771 an immigration judge shall conduct a proceeding to inspect1 screen1 and determine the status of an unaccompanied alien child who is an applicant for admission to the ,united ,states4 7#b7 ,biometric data collection ,the inspection and screening required under paragraph 7#a7 shall include the collection of biometric data from each unaccompanied alien child1 including photographs and fingerprints4 7#c7 ,time limit ,not later than #gb hours after the conclusion of a proceeding with respect to an unaccompanied alien child under this section1 the immigration judge who conducted such proceeding shall issue an order pursuant to subsection 7e74 7c7 ,conduct of proceeding 7#a7 ,authority of immigration judge ,the immigration judge conducting a proceeding under this section-- 7,a7 shall administer oaths1 receive evidence1 and interrogate1 examine1 and cross-examine the alien and any witnesses2 7,b7 may issue subpoenas for the attendance of witnesses and presentation of evidence2 and 7,c7 is authorized to sanction by civil money penalty any action 7or inaction7 in contempt of the judge's proper exercise of authority under this ,act4 7#b7 ,form of proceeding ,a proceeding under this section may take place-- 7,a7 in person2 7,b7 at a location agreed to by the parties1 in the absence of the alien2 7,c7 through video conference2 or 7,d7 through telephone conference4 7#c7 ,presence of alien ,if it is impracticable by reason of an alien's mental incompetency for the alien to be present at the proceeding1 the ,attorney ,general shall prescribe safeguards to protect the rights and privileges of the alien4 7#d7 ,rights of the alien ,in a proceeding under this section-- 7,a7 the alien shall be given the privilege of being represented1 at no expense to the ,government1 by counsel of the alien's choosing who is authorized to practice in such proceedings2 7,b7 the alien shall be given a reasonable opportunity-- 7i7 to examine the evidence against the alien2 7ii7 to present evidence on the alien's own behalf2 and 7iii7 to cross-examine witnesses presented by the ,government2 7,c7 the rights set forth in subparagraph 7,b7 shall not entitle the alien-- 7i7 to examine such national security information as the ,government may proffer in opposition to the alien's admission to the ,united ,states2 or 7ii7 to an application by the alien for discretionary relief under this ,act2 and 7,d7 a complete record shall be kept of all testimony and evidence produced at the proceeding4 7#e7 ,withdrawal of application for admission ,in the discretion of the ,attorney ,general1 an alien applying for admission to the ,united ,states may1 and at any time1 be permitted to withdraw such application and immediately be returned to the alien's country of nationality or country of last habitual residence4 7d7 ,decision and burden of proof 7#a7 ,decision 7,a7 ,in general ,at the conclusion of a proceeding under this section1 the immigration judge shall determine whether an unaccompanied alien child is likely to be-- 7i7 admissible to the ,united ,states2 or 7ii7 eligible for any form of relief from removal under this ,act4 7,b7 ,evidence ,the determination of the immigration judge under subparagraph 7,a7 shall be based only on the evidence produced at the hearing4 7#b7 ,burden of proof 7,a7 ,in general ,in a proceeding under this section1 an alien who is an applicant for admission has the burden of establishing1 by a preponderance of the evidence1 that the alien-- 7i7 is likely to be entitled to be lawfully admitted to the ,united ,states or eligible for any form of relief from removal under this ,act2 or 7ii7 is lawfully present in the ,united ,states pursuant to a prior admission4 7,b7 ,access to documents ,in meeting the burden of proof under subparagraph 7,a77ii71 the alien shall be given access to-- 7i7 the alien's visa or other entry document1 if any2 and 7ii7 any other records and documents1 not considered by the ,attorney ,general to be confidential1 pertaining to the alien's admission or presence in the ,united ,states4 7e7 ,orders 7#a7 ,placement in further proceedings ,if an immigration judge determines that the unaccompanied alien child has met the burden of proof under subsection 7d77#b71 the judge shall order the alien to be placed in further proceedings in accordance with section #bdj4 7#b7 ,orders of removal ,if an immigration judge determines that the unaccompanied alien child has not met the burden of proof required under subsection 7d77#b71 the judge shall order the alien removed from the ,united ,states without further hearing or review unless the alien claims-- 7,a7 an intention to apply for asylum under section #bjh2 or 7,b7 a substantiated fear of persecution4 7#c7 ,claims for asylum ,if an unaccompanied alien child described in paragraph 7#b7 claims an intention to apply for asylum under section #bjh or a substantiated fear of persecution1 the officer shall order the alien referred for an interview by an asylum officer under subsection 7f74 7f7 ,asylum interviews 7#a7 ,defined term ,in this subsection1 the term substantiated fear of persecution means1 after taking into account the credibility of the statements made by the alien in support of the alien's claim and such other facts as are known to the officer1 there is a significant possibility that the alien could establish eligibility for asylum under section #bjh4 7#b7 ,conduct by asylum officer ,an asylum officer shall conduct interviews of aliens referred under subsection 7e77#c74 7#c7 ,referral of certain aliens ,if the officer determines at the time of the interview that an alien has a substantiated fear of persecution1 the alien shall be held in the custody of the ,secretary of ,health and ,human ,services pursuant to section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77 during further consideration of the application for asylum4 7#d7 ,removal without further review if no substantiated fear of persecution 7,a7 ,in general ,subject to subparagraph 7,c71 if the asylum officer determines that an alien does not have a substantiated fear of persecution1 the officer shall order the alien removed from the ,united ,states without further hearing or review4 7,b7 ,record of determination ,the officer shall prepare a written record of a determination under subparagraph 7,a71 which shall include-- 7i7 a summary of the material facts as stated by the applicant2 7ii7 such additional facts 7if any7 relied upon by the officer2 7iii7 the officer's analysis of why1 in light of such facts1 the alien has not established a substantiated fear of persecution2 and 7iv7 a copy of the officer's interview notes4 7,c7 ,review of determination 7i7 ,rulemaking ,the ,attorney ,general shall establish1 by regulation1 a process by which an immigration judge will conduct a prompt review1 upon the alien's request1 of a determination under subparagraph 7,a7 that the alien does not have a substantiated fear of persecution4 7ii7 ,mandatory components ,the review described in clause 7i7-- 7,i7 shall include an opportunity for the alien to be heard and questioned by the immigration judge1 either in person or by telephonic or video connection2 and 7,,ii7 shall be conducted-- 7aa7 as expeditiously as possible2 7bb7 within the #bd-;hour period beginning at the time the asylum officer makes a determination under subparagraph 7,a71 to the maximum extent practicable2 and 7cc7 in no case later than #g days after such determination4 7,d7 ,mandatory protective custody ,any alien subject to the procedures under this paragraph shall be held in the custody of the ,department of ,homeland ,security-- 7i7 pending a final determination of substantiated fear of persecution2 and 7ii7 after a determination that the alien does not have such a fear1 until the alien is removed4 7g7 ,limitation on administrative review 7#a7 ,in general ,except as provided in subsection 7f77#d77;,c7 and paragraph 7#b71 a removal order entered in accordance with subsection 7e77#b7 or 7f77#d77;,a7 is not subject to administrative appeal4 7#b7 ,rulemaking ,the ,attorney ,general shall establish1 by regulation1 a process for the prompt review of an order under subsection 7e77#b7 against an alien who claims under oath1 or as permitted under penalty of perjury under section #agdf of title #bh1 ,united ,states ,code1 after having been warned of the penal ties for falsely making such claim under such conditions to have been-- 7,a7 lawfully admitted for permanent residence2 7,b7 admitted as a refugee under section #bjg2 or 7,c7 granted asylum under section #bjh4 4 7b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bce;,a the following3 ,sec4 #bce;,b4 ,humane and expedited inspection and screening for unaccompanied alien children4 4 #c4 ,asylum seekers 7a7 ,refugee defined ,section #aja7;a77#db7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#db77 is amended-- 7#a7 in subparagraph 7,a71 by striking because of persecution or a well-founded fear of persecution on account of and inserting the alien's life or freedom would be threatened in that country because of the alien's2 and 7#b7 in subparagraph 7,b71 by striking who is persecuted or who has a well-founded fear of persecution on account of and inserting the person's life or freedom is threatened if the person remains in that country because of the person's4 7b7 ,mandatory detention ,section #bjh7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77 is amended by adding at the end the following3 7#h7 ,detention ,the ,secretary of ,homeland ,security shall detain any alien seeking asylum under this section until the alien-- 7,a7 is removed from the ,united ,states in accordance with-- 7i7 an order of removal issued in accordance with section #bce7;b77#a72 or 7ii7 a final order of removal issued at the conclusion of special removal proceedings conducted pursuant to section #bdj2 or 7,b7 granted asylum under subsection 7b74 4 #d4 ,extension of bar to reentry ,section #bab7;a77#i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77 is amended-- 7#a7 in subparagraph 7,a77i7 by striking #e years and inserting #aj years2 and 7#b7 in subparagraph 7,b77i77,i71 by striking #c years and inserting #aj years4 #e4 ,reporting requirement ,the ,secretary of ,homeland ,security shall submit an annual report to ,congress that identifies1 for the previous #ab-month period-- 7#a7 the number of aliens unlawfully present in the ,united ,states who were apprehended by1 or placed in the physical custody of1 ,u4,s4 ,border ,patrol or ,u4,s4 ,immigration and ,customs ,enforcement2 7#b7 the number of aliens described in paragraph 7#a7 who were deported from the ,united ,states pursuant to a final order of removal2 7#c7 the number of aliens described in paragraph 7#a7 who departed from the ,united ,states without an order of removal 7voluntary departures72 and 7#d7 the number of aliens who were granted refugee status or asylum4