,,ii ,calendar ,no4 #ebg #aacth ,,congress #b;d ,session ,s4 #bggb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjad ,mr4 ,flake introduced the following bill2 which was read the first time ,august #a1 #bjad,read the second time and placed on the calendar ,a ,,bill ,making supplemental appropriations for the fiscal year ending ,september #cj1 #bjad1 and for other purposes4 ,that the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjad1 and for other purposes1 namely3 ,a supplemental appropriations and rescissions ,i department of homeland security ,u4,s4 customs and border protection ,salaries and expenses ,for an additional amount for ,salaries and ,expenses1 #ga1jjj1jjj1 to remain available until ,september #cj1 #bjae1 for necessary expenses to apprehend1 transport1 and provide temporary shelter associated with the significant rise in unaccompanied alien children and alien adults accompanied by an alien minor at the ,southwest ,border of the ,united ,states1 including related activities to secure the border1 disrupt transnational crime1 and the necessary acquisition1 construction1 improvement1 repair1 and management of facilities3 ,provided1 ,that not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate an obligation and quarterly expenditure plan for these funds3 ,provided further1 ,that the ,secretary shall provide to such ,committees quarterly updates on the expenditure of these funds4 ,u4,s4 immigration and customs enforcement salaries and expenses ,for an additional amount for 8,salaries and ,expenses01 #ccd1jjj1jjj1 to remain available until ,september #cj1 #bjae1 for necessary expenses to respond to the significant rise in unaccompanied alien children and alien adults accompanied by an alien minor at the ,southwest ,border of the ,united ,states1 including for enforcement of immigration and customs law1 including detention and removal operations1 of which #bfb1jjj1jjj shall be for ,custody ,operations and #gb1jjj1jjj shall be for ,transportation and ,removal operations3 ,provided1 ,that not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate an obligation and quarterly expenditure plan for these funds3 ,provided further1 ,that the ,secretary shall provide to such ,committees quarterly updates on the expenditure of these funds4 general provisions--this title 7including rescission7 #aja4 ,notwithstanding any other provision of law1 none of the funds provided by this title shall be available for obligation or expenditure through a reprogramming or transfer of funds that proposes to use funds directed for a specific activity by either of the ,committees on ,appropriations of the ,house of ,representatives or the ,senate for a different purpose than for which the appropriations were provided3 ,provided1 ,that prior to the obligation of such funds1 a request for approval shall be submitted to such ,committees4 #ajb4 ,the ,secretary of ,homeland ,security shall provide to the ,congress quarterly reports that include3 7#a7 the number of apprehensions at the border delineated by unaccompanied alien children and alien adults accompanied by an alien minor2 7#b7 the number of claims of a credible fear of persecution delineated by unaccompanied alien children and alien adults accompanied by an alien minor1 and the number of determinations of valid claims of a credible fear of persecution delineated by unaccompanied alien children and alien adults accompanied by an alien minor2 7#c7 the number of unaccompanied alien children and alien adults accompanied by an alien minor granted asylum by an immigration judge1 delineated by year of apprehension2 7#d7 the number of alien adults accompanied by an alien minor in detention facilities1 alternatives to detention1 and other non-detention forms of supervision2 and 7#e7 the number of removals delineated by unaccompanied alien children and alien adults accompanied by an alien minor4 #ajc4 ,of the unobligated balance available for ,department of ,homeland ,security--,federal ,emergency ,management ,agency--,disaster ,relief ,fund1 #dje1jjj1jjj is rescinded3 ,provided1 ,that no amounts may be rescinded from amounts that were designated by the ,congress as an emergency requirement pursuant to a concurrent resolution on a budget or the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,provided further1 ,that no amounts may be rescinded from the amounts that were designated by the ,congress as being for disaster relief pursuant to section #bea7;b77#b77;,d7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #ajd4 ,notwithstanding any other provision of law1 grants awarded under sections #bjjc or #bjjd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjd and #fje7 using funds provided under the heading ,federal ,emergency ,management ,agency--,state and ,local ,programs in division ,f of ,public ,law #aac-gf1 division ,d of ,public ,law #aac-f1 or division ,d of ,public ,law #aab-gd may be used by ,state and local law enforcement and public safety agencies within local units of government along the ,southwest ,border of the ,united ,states for costs incurred during the award period of performance for personnel1 overtime1 travel1 costs related to combating illegal immigration and drug smuggling1 and costs related to providing humanitarian relief to unaccompanied alien children and alien adults accompanied by an alien minor who have entered the ,united ,states4 ,,ii department of defense--military military personnel national guard personnel1 army ,for an additional amount for ,national ,guard ,personnel1 ,army1 #ab1dai1jjj1 to remain available until ,september #cj1 #bjae1 for necessary expenses related to the ,southwest ,border of the ,united ,states4 national guard personnel1 air force ,for an additional amount for ,national ,guard ,personnel1 ,air ,force1 #b1beh1jjj1 to remain available until ,september #cj1 #bjae1 for necessary expenses related to the ,southwest ,border of the ,united ,states4 operation and maintenance operation and maintenance1 army national guard ,for an additional amount for ,operation and ,maintenance1 ,army ,national ,guard1 #ae1hjg1jjj1 to remain available until ,september #cj1 #bjae1 for necessary expenses related to the ,southwest ,border of the ,united ,states4 operation and maintenance1 air national guard ,for an additional amount for ,operation and ,maintenance1 ,air ,national ,guard1 #d1eaf1jjj1 to remain available until ,september #cj1 #bjae1 for necessary expenses related to the ,southwest ,border of the ,united ,states4 general provision--this title 7rescission7 #bja4 ,of the unobligated balances of amounts appropriated in title ,,ii of division ,c of ,public ,law #aac-gf for ,operation and ,maintenance1 ,defense-,wide1 #ce1jjj1jjj is hereby rescinded to reflect excess cash balances in ,department of ,defense ,working ,capital ,funds4 ,,iii department of justice general administration administrative review and appeals ,for an additional amount for ,administrative ,review and ,appeals for necessary expenses to respond to the significant rise in unaccompanied alien children and alien adults accompanied by an alien minor at the ,southwest ,border of the ,united ,states1 #bb1jjj1jjj1 to remain available until ,september #cj1 #bjae1 of which #ab1ijj1jjj shall be for additional temporary immigration judges and related expenses1 and #i1ajj1jjj shall be for technology for judges to expedite the adjudication of immigration cases4 general provision--this title 7rescission7 #cja4 ,of the unobligated balances available for ,department of ,justice--,legal ,activities--,assets ,forfeiture ,fund1 #bb1jjj1jjj is hereby permanently rescinded4 ,,iv general provisions--this title repatriation and reintegration #dja4 7a7 ,repatriation and ,reintegration ,of the funds appropriated in titles ,,iii and ,,iv of division ,k of ,public ,law #aac-gf1 and in prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs1 for assistance for the countries in ,central ,america1 up to #dj1jjj1jjj shall be made available for such countries for repatriation and reintegration activities3 ,provided1 ,that funds made available pursuant to this section may be obligated notwithstanding subsections 7c7 and 7e7 of section #gjde of division ,k of ,public ,law #aac-gf4 7b7 ,report ,prior to the initial obligation of funds made available pursuant to this section1 but not later than #ae days after the date of enactment of this ,act1 and every #ij days thereafter until ,september #cj1 #bjae1 the ,secretary of ,state1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development1 shall submit to the appropriate congressional committees a report on the obligation of funds made available pursuant to this section by country and the steps taken by the government of each country to-- 7#a7 improve border security2 7#b7 enforce laws and policies to stem the flow of illegal entries into the ,united ,states2 7#c7 enact laws and implement new policies to stem the flow of illegal entries into the ,united ,states1 including increasing penalties for human smuggling2 7#d7 conduct public outreach campaigns to explain the dangers of the journey to the ,southwest ,border of the ,united ,states and to emphasize the lack of immigration benefits available2 and 7#e7 cooperate with ,united ,states ,federal agencies to facilitate and expedite the return1 repatriation1 and reintegration of illegal migrants arriving at the ,southwest ,border of the ,united ,states4 7c7 ,suspension of ,assistance ,the ,secretary of ,state shall suspend assistance provided pursuant to this section to the government of a country if such government is not making significant progress on each item described in paragraphs 7#a7 through 7#e7 of subsection 7b73 ,provided1 ,that assistance may only be resumed if the ,secretary reports to the appropriate congressional committees that subsequent to the suspension of assistance such government is making significant progress on each of the items enumerated in such subsection4 7d7 ,notification requirement ,funds made available pursuant to this section shall be subject to the regular notification procedures of the ,committees on ,appropriations of the ,house of ,representatives and the ,senate4 7rescission7 #djb4 ,of the unexpended balances available to the ,president for bilateral economic assistance under the heading ,economic ,support ,fund from prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs1 #aig1jjj1jjj is rescinded3 ,provided1 ,that no amounts may be rescinded from amounts that were designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe or as an emergency requirement pursuant to a concurrent resolution on the budget or the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,v department of health and human services administration for children and families refugee and entrant assistance ,for an additional amount for ,refugee and ,entrant ,assistance1 #aig1jjj1jjj1 to be merged with and available for the same time period and for the same purposes as the funds made available under this heading in division ,h of ,public ,law #aac-gf for carrying out such sections #dad1 #eja1 #dfb1 and #bce3 ,provided1 ,that of this amount1 #dg1jjj1jjj shall be for the ,social ,services and ,targeted ,assistance programs4 ,this division may be cited as the ,secure the ,southwest ,border ,supplemental ,appropriations ,act1 #bjad4 ,b ,secure the ,southwest ,border ,act of #bjad #a4 ,short title2 table of contents 7a7 ,short title ,this division may be cited as the ,secure the ,southwest ,border ,act of #bjad4 7b7 ,table of contents ,the table of contents for this division is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,protecting ,children ,sec4 #aja4 ,repatriation of unaccompanied alien children4 ,sec4 #ajb4 ,expedited due process and screening of unaccompanied alien children4 ,sec4 #ajc4 ,due process protections for unaccompanied alien children present in the ,united ,states4 ,sec4 #ajd4 ,emergency immigration judge resources4 ,sec4 #aje4 ,protecting children from human traffickers1 sex offenders1 and other criminals4 ,sec4 #ajf4 ,inclusion of additional grounds for per se ineligibility for asylum4 ,title ,,ii--,use of ,national ,guard to ,improve ,border ,security ,sec4 #bja4 ,national ,guard support for border operations4 ,title ,,iii--,national ,security and ,federal ,lands ,protection ,sec4 #cja4 ,prohibition on actions that impede border security on certain ,federal land4 ,sec4 #cjb4 ,sense of ,congress on placement of unauthorized aliens at military installations4 ,i ,protecting ,children #aja4 ,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 meets 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 immediate 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 #ajb4 ,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 had the meaning given such term in section #bce7;b77#a77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,e774 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 7#f7 ,consequences of failure to appear ,any alien who fails to appear at a proceeding required under this section1 shall be ordered removed in absentia if the ,government establishes by a preponderance of the evidence that the alien was at fault for their absence from the proceedings4 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 judge 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 has the meaning given such term in section #bce7;b77#a77;,b77v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77v774 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 persecution 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#e7 ,mandatory protective custody ,any alien subject to the procedures under this subsection 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-- 7,a7 pending a final determination of an asylum application under section #bjh2 or 7,b7 after a determination that the alien does not have a credible fear of persecution1 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 7h7 ,last ,in1 ,first ,out ,in any proceedings1 determinations1 or removals under this section1 priority shall be accorded to the alien who has most recently arrived in the ,united ,states4 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 #ajc4 ,due process protections for unaccompanied alien children present in the ,united ,states 7a7 ,filing authorized ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 notwithstanding any other provision of law1 shall1 at an immigration court designated to conduct proceedings under section #bce;,b of the ,immigration and ,nationality ,act1 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 #ajb2 7#b7 to attest to their desire to apply for admission to the ,united ,states2 and 7#c7 to file a motion-- 7,a7 to replace any ,notice to ,appear issued between ,january #a1 #bjac1 and the date of the enactment of this ,act under section #bci of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi72 and 7,b7 to apply for admission to the ,united ,states by being placed in proceedings under section #bce;,b of the ,immigration and ,nationality ,act4 7b7 ,motion granted ,an immigration judge may1 at the sole and unreviewable discretion of the judge1 grant a motion filed under subsection 7a77#c7 upon a finding that-- 7#a7 the petitioner was an unaccompanied alien child 7as such term is defined in section #dfb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi77 on the date on which a ,notice to ,appear described in subsection 7a7 was issued to the alien2 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 7c7 ,effect of motion ,notwithstanding any other provision of law1 upon the granting of a motion to replace under subsection 7b71 the immigration judge who granted such motion shall-- 7#a7 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 ,act1 as added by section #ajb2 7#b7 immediately notify the petitioner of the petitioner's ability1 under section #bce;,b7c77#e7 of the ,immigration and ,nationality ,act to withdraw the petitioner's application for admission to the ,united ,states and immediately be returned to the petitioner's country of nationality or country of last habitual residence2 and 7#c7 replace the petitioner's notice to appear with an order under section #bce;,b7e7 of the ,immigration and ,nationality ,act4 7d7 ,protective custody ,an unaccompanied alien child who has been granted a motion under subsection 7b7 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 #ajd4 ,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 judges1 administrative law judges1 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 #ajb4 ,such designations shall remain in effect solely for the duration of the humanitarian crisis at the southern border 7as determined by the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general74 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 #aje4 ,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 ,federal ,bureau of ,investigation2 and 7,,ii7 criminal history repositories of all ,states that the individual lists as current or former residences4 4 #ajf4 ,inclusion of additional grounds for per se ineligibility for asylum ,section #bjh7;b77#b77;,a77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77iii77 is amended by inserting after a serious nonpolitical crime the following3 7including any drug-related offense punishable by a term of imprisonment greater than #a year74 ,,ii ,use of ,national ,guard to ,improve ,border ,security #bja4 ,national ,guard support for border operations 7a7 ,deployment authority and funding ,amounts appropriated for the ,department of ,defense in this ,act shall be expended for any units or personnel of the ,national ,guard deployed to perform operations and missions under section #ejb7;f7 of title #cb1 ,united ,states ,code1 on the southern border of the ,united ,states4 7b7 ,assignment of operations and missions 7#a7 ,in general ,national ,guard units and personnel deployed under subsection 7a7 may be assigned such operations as may be necessary to provide assistance for operations on the southern border1 with priority given to high traffic areas experiencing the highest number of crossings by unaccompanied alien children4 7#b7 ,nature of duty ,the duty of ,national ,guard personnel performing operations and missions on the southern border shall be full-time duty under title #cb1 ,united ,states ,code4 7c7 ,materiel and logistical support ,the ,secretary of ,defense shall deploy such materiel and equipment and logistical support as may be necessary to ensure success of the operations and missions conducted by the ,national ,guard under this section4 7d7 ,exclusion from national guard personnel strength limitations ,national ,guard personnel deployed under subsection 7a7 shall not be included in-- 7#a7 the calculation to determine compliance with limits on end strength for ,national ,guard personnel2 or 7#b7 limits on the number of ,national ,guard personnel that may be placed on active duty for operational support under section #aae of title #aj1 ,united ,states ,code4 7e7 ,high traffic areas defined ,in this section3 7#a7 ,the term high traffic areas means sectors along the northern and southern borders of the ,united ,states that are within the responsibility of the ,border ,patrol that have the most illicit cross-border activity1 informed through situational awareness4 7#b7 ,the term unaccompanied alien child means a child who-- 7,a7 has no lawful immigration status in the ,united ,states2 7,b7 has not attained #ah years of age2 and 7,c7 with respect to whom-- 7i7 there is no parent or legal guardian in the ,united ,states2 or 7ii7 no parent or legal guardian in the ,united ,states is available to provide care and physical custody4 ,,iii ,national ,security and ,federal ,lands ,protection #cja4 ,prohibition on actions that impede border security on certain ,federal land 7a7 ,prohibition on secretaries of the interior and agriculture ,the ,secretary of the ,interior or the ,secretary of ,agriculture shall not impede1 prohibit1 or restrict activities of ,u4,s4 ,customs and ,border ,protection on ,federal land located within #ajj miles of the ,united ,states border with ,mexico that is under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture1 to execute search and rescue operations1 and to prevent all unlawful entries into the ,united ,states1 including entries by terrorists1 other unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband through such international land border of the ,united ,states4 ,these authorities of ,u4,s4 ,customs and ,border ,protection on such ,federal land apply whether or not a state of emergency exists4 7b7 ,authorized activities of ,u4,s4 customs and border protection ,u4,s4 ,customs and ,border ,protection shall have immediate access to ,federal land within #ajj miles of the ,united ,states border with ,mexico that is under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture for purposes of conducting the following activities on such land that prevent all unlawful entries into the ,united ,states1 including entries by terrorists1 other unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband through such international land border of the ,united ,states3 7#a7 ,construction and maintenance of roads4 7#b7 ,construction and maintenance of barriers4 7#c7 ,use of vehicles to patrol1 apprehend1 or rescue4 7#d7 ,installation1 maintenance1 and operation of communications and surveillance equipment and sensors4 7#e7 ,deployment of temporary tactical infrastructure4 7c7 ,clarification relating to waiver authority 7#a7 ,in general ,notwithstanding any other provision of law 7including any termination date relating to the waiver referred to in this subsection71 the waiver by the ,secretary of ,homeland ,security on ,april #a1 #bjjh1 under section #ajb7;c77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #aajc note2 ,public ,law #ajd-bjh7 of the laws described in paragraph 7#b7 with respect to certain sections of the international border between the ,united ,states and ,mexico shall be considered to apply to all ,federal land under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture within #ajj miles of such international land border of the ,united ,states for the activities of ,u4,s4 ,customs and ,border ,protection described in subsection 7b74 7#b7 ,description of laws waived ,the laws referred to in paragraph 7#a7 are limited to the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq471 ,public ,law #hf-ebc 7#af ,u4,s4,c4 #dfi et seq471 the ,act of ,june #h1 #aijf 7commonly known as the ,antiquities ,act of #aijf2 #af ,u4,s4,c4 #dca et seq471 the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq471 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd et seq471 the ,fish and ,wildlife ,act of #aief 7#af ,u4,s4,c4 #gdb;a et seq471 the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq471 subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 the ,national ,park ,service ,organic ,act 7#af ,u4,s4,c4 #a et seq471 the ,general ,authorities ,act of #aigj 7,public ,law #ia-chc7 7#af ,u4,s4,c4 #a;a-#a et seq471 sections #dja7g71 #djc1 and #djd of the ,national ,parks and ,recreation ,act of #aigh 7,public ,law #ie-fbe1 #ib ,stat4 #cdfg71 and the ,arizona ,desert ,wilderness ,act of #aiij 7#af ,u4,s4,c4 #aacb note2 ,public ,law #aja-fbh74 7d7 ,protection of legal uses ,this section shall not be construed to provide-- 7#a7 authority to restrict legal uses1 such as grazing1 hunting1 mining1 or public-use recreational and backcountry airstrips on land under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture2 or 7#b7 any additional authority to restrict legal access to such land4 7e7 ,effect on state and private land ,this ,act shall-- 7#a7 have no force or effect on ,state or private lands2 and 7#b7 not provide authority on or access to ,state or private lands4 7f7 ,tribal sovereignty ,nothing in this section supersedes1 replaces1 negates1 or diminishes treaties or other agreements between the ,united ,states and ,indian tribes4 #cjb4 ,sense of ,congress on placement of unauthorized aliens at military installations 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,secretary of ,defense should not allow the placement of unauthorized aliens at a military installation unless-- 7,a7 the ,secretary submits written notice to the congressional defense committees and each ,member of ,congress representing any jurisdiction in which an affected military installation is situated2 and 7,b7 the ,secretary publishes notice in the ,federal ,register2 7#b7 the placement of unauthorized aliens at a military institution should not displace active members of the ,armed ,forces2 7#c7 the placement of unauthorized aliens at a military institution should not interfere with any mission of the ,department of ,defense2 7#d7 the ,secretary of ,health and ,human ,services should not use a military installation for the placement of unauthorized aliens unless all other facilities of the ,department of ,health and ,human ,services are unavailable2 7#e7 the ,secretary of ,health and ,human ,services should not use a military installation for the placement of unauthorized aliens for more than #abj days2 7#f7 the ,secretary of ,health and ,human ,services should ensure that all unauthorized alien children are vaccinated upon arrival at a military installation as set forth in the guidelines of the ,office of ,refugee ,resettlement2 7#g7 the ,secretary of ,health and ,human ,services should ensure that all individuals under the supervision of the ,secretary with access to unauthorized alien children at a military installation are properly cleared according to the procedures set forth in the ,victims of ,child ,abuse ,act of #aiij 7#db ,u4,s4,c4 #acjja et seq472 7#h7 the ,secretary of ,health and ,human ,services should fully comply with the provisions of the ,victims of ,child ,abuse ,act of #aiij 7#db ,u4,s4,c4 #acjja et seq47 with respect to background checks and should retain full legal responsibility for such compliance2 and 7#i7 in accordance with section #aece of title #ca1 ,united ,states ,code 7commonly referred to as the ,economy ,act71 the ,secretary of ,health and ,human ,services should reimburse the ,secretary of ,defense for all expenses incurred by the ,secretary of ,defense in carrying out the placement of unauthorized aliens at a military installation4 7b7 ,definitions ,in this section3 7#a7 ,the term congressional defense committees has the meaning given that term in section #aja7;a77#af7 of title #aj1 ,united ,states ,code4 7#b7 ,the term ,member of ,congress has the meaning given that term in section #aeia7;c77#a7 of title #aj1 ,united ,states ,code4 7#c7 ,the term military installation has the meaning given that term in section #bhja7;c77#d7 of title #aj1 ,united ,states ,code1 but does not include an installation located outside of the ,united ,states4 7#d7 ,the term placement means the placement of an unauthorized alien in either a detention facility or an alternative to such a facility4 7#e7 ,the term unauthorized alien means an alien unlawfully present in the ,united ,states1 but does not include a dependent of a member of the ,armed ,forces4 ,august #a1 #bjad,read the second time and placed on the calendar