,,ii  ,calendar ,no4 #dia #aacth        
,,congress  #b;d ,session  ,s4 #bfff    
,,in ,,the ,,senate ,,of ,,the ,,united 
,,states  ,july #bd1 #bjad ,mr4 ,cruz   
introduced the following bill2 which was
 read the first time  ,july #bh1        
#bjad,read the second time and placed on
 the calendar  ,a ,,bill  ,to prohibit  
future consideration of deferred action 
for childhood arrivals or work          
authorization for aliens who are not in 
lawful status1 to facilitate the        
expedited processing of minors entering 
the ,united ,states across the southern 
border1 and to require the ,secretary of
 ,defense to reimburse ,states for      
,national ,guard deployments in response
 to large-scale border crossings of     
unaccompanied alien children from       
noncontiguous countries4  #a4 ,short    
title  ,this ,act may be cited as the   
,protect ,children and ,families        
,through the ,rule of ,law ,act4  #b4   
,limitation on executive immigration    
authority ,no agency or instrumentality 

of the ,federal ,government may use     
,federal funding or resources-- 7#a7 to 
consider or adjudicate any new or       
previously denied application of any    
alien requesting consideration of       
deferred action for childhood arrivals1 
as authorized by ,executive memorandum  
on ,august #ae1 #bjab1 or by any other  
succeeding executive memorandum         
authorizing a similar program2 or  7#b7 
to authorize any alien to work in the   
,united ,states if such alien-- 7,a7 was
 not lawfully admitted into the ,united 
,states in compliance with the          
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja et seq472 and  7,b7 is  
not in lawful status in the ,united     
,states on the date of the enactment of 
this ,act4  #c4 ,repatriation of        
unaccompanied alien children ,section   
#bce7;a7 of the ,william ,wilberforce   
,trafficking ,victims ,protection       
,reauthorization ,act of #bjjh 7#h      
,u4,s4,c4 #abcb7;a77 is amended-- 7#a7  
in paragraph 7#b7-- 7,a7 by amending the

 paragraph heading to read as follows3  
,rules for unaccompanied alien children2
  7,b7 in subparagraph 7,a71 in the     
matter preceding clause 7i71 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-- 7i7 by amending the 
subparagraph heading to read as follows3
 ,agreements with foreign countries2 and
  7ii7 in the matter preceding clause   
7i71 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 appropriate2 and  7#b7 in    
paragraph 7#e77;,d7-- 7,a7 in the       
subparagraph heading1 by striking       
,placement in removal proceedings and   
inserting ,expedited due process and    
screening for unaccompanied alien       
children2  7,b7 in the matter preceding 
clause 7i71 by striking 1 except for an 
unaccompanied alien child from a        

contiguous country subject to the       
exceptions under subsection 7a77#b71    
shall be-- and inserting who does not   
meet the criteria listed in paragraph   
7#b77;,a7--2  7,c7 by striking clause   
7i7 and inserting the following3  7i7   
shall be placed in a proceeding in      
accordance with section #bce;,b of the  
,immigration and ,nationality ,act1     
which shall commence not later than #g  
days after the screening of an          
unaccompanied alien child described in  
paragraph 7#d72  2  7,d7 by             
redesignating clauses 7ii7 and 7iii7 as 
clauses 7iii7 and 7iv71 respectively2   
7,e7 by inserting after clause 7i7 the  
following3  7ii7 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 unless the    
child is the subject of an order under  
section #bce;,b7e77#a7 of the           
,immigration and ,nationality ,act2  2  
7,f7 in clause 7iii71 as redesignated1  

by inserting is before eligible2 and    
7,g7 in clause 7iv71 as redesignated1 by
 inserting shall be before provided4    
#d4 ,expedited due process and screening
 of unaccompanied alien children  7a7   
,amendments to ,immigration and         
,nationality ,act  7#a7 ,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 
,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 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 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 credible  
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 credible 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 credible fear of           
persecution  7,a7 ,in general ,subject  
to subparagraph 7,c71 if the asylum     
officer determines that an alien does   
not have a credible 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 credible 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 credible 
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 ,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-- 7i7 pending a    
final determination of credible fear of 
persecution2 and  7ii7 after a          
determination that the alien does not   
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 
in 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   
7#b7 ,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  7b7   
,judicial review of orders of removal   
,section #bdb of the ,immigration and   
,nationality ,act 7#h ,u4,s4,c4 #abeb7  
is amended-- 7#a7 in subsection 7a7--   
7,a7 in paragraph 7#a71 by inserting 1  

or an order of removal issued to an     
unaccompanied alien child after         
proceedings under section #bce;,b after 
section #bce7;b77#a72 and  7,b7 in      
paragraph 7#b7-- 7i7 by inserting or    
section #bce;,b after section           
#bce7;b77#a7 each place it appears2 and 
7ii7 in subparagraph 7,a7-- 7,i7 in the 
subparagraph heading1 by inserting or   
#bce;,b after section #bce7;b77#a72 and 
7,,ii7 in clause 7iii71 by striking     
section #bce7;b77#a77;,b71 and inserting
 section #bce7;b77#a77;,b7 or           
#bce;,b7f722 and  7#b7 in subsection    
7e7-- 7,a7 in the subsection heading1 by
 inserting or #bce;,b after section     
#bce7;b77#a72  7,b7 by inserting or     
section #bce;,b after section           
#bce7;b77#a7 in each place it appears2  
7,c7 in subparagraph 7#b77;,c71 by      
inserting or section #bce;,b7g7 after   
section #bce7;b77#a77;,c72 and  7,d7 in 
subparagraph 7#c77;,a71 by inserting or 
section #bce;,b after section #bce7;b74 
#e4 ,due process protections for        

unaccompanied alien children present in 
the ,united ,states  7a7 ,special       
motions for unaccompanied alien children
  7#a7 ,filing authorized ,beginning on 
the date that is #fj days after the date
 of the enactment of this ,act1 the     
,secretary of ,homeland ,security1      
notwithstanding any other provision of  
law1 may1 at the sole and unreviewable  
discretion of the ,secretary1 permit an 
unaccompanied alien child who was issued
 a ,notice to ,appear under section #bci
 of the ,immigration and ,nationality   
,act 7#h ,u4,s4,c4 #abbi7 during the    
period beginning on ,january #a1 #bjac1 
and ending on the date of the enactment 
of this ,act-- 7,a7 to appear1          
in-person1 before an immigration judge  
who has been authorized by the ,attorney
 ,general to conduct proceedings under  
section #bce;,b of the ,immigration and 
,nationality ,act1 as added by section  
#d2  7,b7 to attest to their desire to  
apply for admission to the ,united      
,states2 and  7,c7 to file a motion to  

apply for admission to the ,united      
,states by being placed in proceedings  
under section #bce;,b of the            
,immigration and ,nationality ,act4     
7#b7 ,motion granted ,an immigration    
judge may1 at the sole and unreviewable 
discretion of the judge1 grant a motion 
filed under paragraph 7#a77;,c7 upon a  
finding that-- 7,a7 the petitioner was  
an unaccompanied alien child 7as defined
 in section #bce of the ,william        
,wilberforce ,trafficking ,victims      
,protection ,reauthorization ,act of    
#bjjh 7#h ,u4,s4,c4 #abcb77 on the date 
on which a ,notice to ,appear was issued
 to the alien under section #bci of the 
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #abbi72  7,b7 the ,notice to  
,appear was issued during the period    
beginning on ,january #a1 #bjac1 and    
ending on the date of the enactment of  
this ,act2  7,c7 the unaccompanied alien
 child is applying for admission to the 
,united ,states2 and  7,d7 the granting 
of such motion would not be manifestly  

unjust4  7#c7 ,effect of motion         
,notwithstanding any other provision of 
law1 upon the granting of a motion under
 paragraph 7#b7-- 7,a7 the immigration  
judge who granted such motion shall1    
while the petitioner remains in-person1 
immediately inspect and screen the      
petitioner for admission to the ,united 
,states by conducting a proceeding under
 section #bce;,b of the ,immigration and
 ,nationality ,act2 and  7,b7 the       
petitioner shall not be subject to the  
#e-year expedited removal bar under     
section #bab7;a77#f77;,b7 of the        
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aahb7;a77#f77;,b774  7#d7    
,protective custody ,an unaccompanied   
alien child who has been granted a      
motion under paragraph 7#b7 shall be    
held in the custody of the ,secretary of
 ,health and ,human ,services pursuant  
to section #bce of the ,william         
,wilberforce ,trafficking ,victims      
,protection ,reauthorization ,act of    
#bjjh 7#h ,u4,s4,c4 #abcb74  #f4        

,emergency immigration judge resources  
7a7 ,designation ,not later than #ad    
days after the date of the enactment of 
this ,act1 the ,attorney ,general shall 
designate up to #dj immigration judges1 
including through the hiring of retired 
immigration judges or magistrate judges1
 or the reassignment of current         
immigration judges1 that are dedicated  
to conducting humane and expedited      
inspection and screening for            
unaccompanied alien children under      
section #bce;,b of the ,immigration and 
,nationality ,act1 as added by section  
#d4  7b7 ,requirement ,the ,attorney    
,general shall ensure that sufficient   
immigration judge resources are         
dedicated to the purpose described in   
subsection 7a7 to comply with the       
requirement under section #bce;,b7b77#a7
 of the ,immigration and ,nationality   
,act4  #g4 ,protecting children from    
human traffickers1 sex offenders1 and   
other criminals ,section #bce7;c77#c7 of
 the ,william ,wilberforce ,trafficking 

,victims ,protection ,reauthorization   
,act of #bjjh 7#h ,u4,s4,c4             
#abcb7;c77#c77 is amended-- 7#a7 in     
subparagraph 7,a71 by inserting 1       
including a mandatory biometric criminal
 history check before the period at the 
end2 and  7#b7 by adding at the end the 
following--  7,d7 ,prohibition on       
placement with sex offenders and human  
traffickers  7i7 ,in general ,the       
,secretary of ,health and ,human        
,services may not place an unaccompanied
 alien child in the custody of an       
individual who has been convicted of--  
7,i7 a sex offense 7as defined in       
section #aaa of the ,sex ,offender      
,registration and ,notification ,act    
7#db ,u4,s4,c4 #afiaa772 or  7,,ii7 a   
crime involving a severe form of        
trafficking in persons 7as defined in   
section #ajc of the ,trafficking        
,victims ,protection ,act of #bjjj 7#bb 
,u4,s4,c4 #gajb774  7ii7 ,requirements  
of criminal background check ,a         
biometric criminal history check under  

subparagraph 7,a7 shall be based on a   
set of fingerprints or other biometric  
identifiers and conducted through-- 7,i7
 the ,identification ,division of the   
,federal ,bureau of ,investigation2 and 
7,,ii7 criminal history repositories of 
all ,states that the individual lists as
 current or former residences4  4  #h4  
,national ,guard deployments in response
 to large-scale border crossings and    
resources for ,state and local border   
security efforts  7a7 ,national ,guard  
deployments ,section #ijb of title #cb1 
,united ,states ,code1 is amended-- 7#a7
 by striking ,the ,secretary and        
inserting the following3  7a7 ,in       
general ,the ,secretary  2  7#b7 by     
striking the comma after ,secretary2 and
  7#c7 by adding at the end the         
following3  7b7 ,mandatory reimbursement
 ,if the governor of a ,state deploys   
personnel of the ,national ,guard in    
response to the apprehension of #f1jjj  
or more unaccompanied alien children 7as
 defined in section #dfb7;g7 of the     

,homeland ,security ,act of #bjjb 7#f   
,u4,s4,c4 #bgi7;g777 who are nationals  
of countries other than ,canada or      
,mexico1 the ,secretary of ,defense     
shall reimburse such ,state for any     
expenses incurred by the ,state as a    
result of such deployment4  4  7b7      
,state and local assistance  7#a7 ,in   
general ,the ,federal ,emergency        
,management ,agency shall enhance law   
enforcement preparedness1 humanitarian  
responses1 and operational readiness    
along the ,southern border through      
,operation ,stonegarden4  7#b7 ,grants  
and reimbursements  7,a7 ,in general    
,amounts appropriated pursuant to       
paragraph 7#c7 shall be used for grants 
and reimbursements to ,state and local  
governments in ,border ,patrol sectors  
on the ,southern border for-- 7i7       
personnel1 overtime1 travel1 and other  
costs related to combating illegal      
immigration and drug smuggling2 and     
7ii7 costs related to providing         
humanitarian relief to unaccompanied    

alien children who have entered the     
,united ,states4  7,b7 ,funding for     
state and local governments ,grants and 
reimbursements authorized subparagraph  
7,a7 shall be made by the ,federal      
,emergency ,management ,agency through a
 competitive process4  7#c7             
,authorization of appropriations  7,a7  
,in general ,there are authorized to be 
appropriated1 for fiscal years #bjad and
 #bjae1 such sums as may be necessary to
 carry out this subsection4  7,b7       
,offset ,any amounts appropriated       
pursuant to subparagraph 7,a7 shall be  
offset by an equal reduction in the     
amounts appropriated for other purposes4
  7,c7 ,rescission ,if the reductions   
required under subparagraph 7,b7 are not
 made during the #ahj-;day period       
beginning on the date of the enactment  
of this ,act1 there shall be rescinded1 
from all unobligated amounts            
appropriated for any ,federal agency    
7other than the ,department of          
,defense71 on a proportionate basis1 an 

amount equal to the amount appropriated 
pursuant to subparagraph 7,a74  7c7     
,scope of ,national ,guard authority    
,section #ijb of title #cb1 ,united     
,states ,code1 as amended by subsection 
7a71 is further amended by adding at the
 end the following3  7c7 ,scope of      
authority ,notwithstanding section #ache
 of title #ah or any other provision of 
law1 ,national ,guard personnel who are 
deployed to conduct homeland defense    
activities near an international border 
are authorized to detain any person1 and
 transfer such person to the custody of 
,u4,s4 ,border ,patrol or another       
appropriate ,federal law enforcement    
agency1 if there is probable cause that 
such person has violated any ,federal   
law relating to-- 7#a7 immigration2     
7#b7 drug trafficking2  7#c7 human      
trafficking2 or  7#d7 terrorism4  4     
,july #bh1 #bjad,read the second time   
and placed on the calendar