,i #aaeth ,,congress #ast ,session ,h4 ,r4 #cia ,,in ,,the ,,house ,,of ,,representatives ,january #aj1 #bjag,mr4 ,chaffetz 7for himself1 ,mrs4 ,black1 ,mr4 ,brooks of ,alabama1 ,mr4 ,carter of ,georgia1 ,mr4 ,carter of ,texas1 ,mr4 ,chabot1 ,mr4 ,duncan of ,south ,carolina1 ,mr4 ,farenthold1 ,mr4 ,gosar1 ,mr4 ,gowdy1 ,mr4 ,jody ,b4 ,hice of ,georgia1 ,mr4 ,lance1 ,mr4 ,pittenger1 ,mr4 ,smith of ,texas1 ,mr4 ,webster of ,florida1 ,mr4 ,zeldin1 and ,mr4 ,hudson7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to modify the treatment of unaccompanied alien children who are in ,federal custody by reason of their immigration status1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,asylum ,reform and ,border ,protection ,act of #bjag4 #b4 ,clarification of intent regarding taxpayer-provided counsel ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended-- 7#a7 by striking 7at no expense to the ,government72 and 7#b7 by adding at the end the following3 ,notwithstanding any other provision of law1 in no instance shall the ,government bear any expense for counsel for any person in removal proceedings or in any appeal proceedings before the ,attorney ,general from any such removal proceedings4 4 #c4 ,special immigrant juvenile visas ,section #aja7;a77#bg77;,j77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j77i77 is amended by striking and whose reunification with one or both of the immigrant's parents is not viable due and inserting and who cannot be reunified with either of the immigrant's parents due4 #d4 ,credible fear interviews ,section #bce7;b77#a77;,b77v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77v77 is amended by striking #bjh4 and inserting #bjh1 and it is more probable than not that the statements made by the alien in support of the alien's claim are true44 #e4 ,recording expedited removal and credible fear interviews 7a7 ,in general ,the ,secretary of ,homeland ,security shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the ,department of ,homeland ,security exercising expedited removal authority under section #bce7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77 are asked in a uniform manner1 and that both these questions and the answers provided in response to them are recorded in a uniform fashion4 7b7 ,factors relating to sworn statements ,where practicable1 any sworn or signed written statement taken of an alien as part of the record of a proceeding under section #bce7;b77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,a77 shall be accompanied by a recording of the interview which served as the basis for that sworn statement4 7c7 ,interpreters ,the ,secretary shall ensure that a competent interpreter1 not affiliated with the government of the country from which the alien may claim asylum1 is used when the interviewing officer does not speak a language understood by the alien and there is no other ,federal1 ,state1 or local government employee available who is able to interpret effectively1 accurately1 and impartially4 7d7 ,recordings in immigration proceedings ,recordings of interviews of aliens subject to expedited removal shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien4 7e7 ,no private right of action ,nothing in this section shall be construed to create any right1 benefit1 trust1 or responsibility1 whether substantive or procedural1 enforceable in law or equity by a party against the ,united ,states1 its departments1 agencies1 instrumentalities1 entities1 officers1 employees1 or agents1 or any person1 nor does this section create any right of review in any administrative1 judicial1 or other proceeding4 #f4 ,parole reform 7a7 ,in general ,paragraph 7#e7 of section #bab7;d7 7#h ,u4,s4,c4 #aahb7;d77 is amended to read as follows3 7#e7 ,humanitarian and public interest parole 7,a7 ,in general ,subject to the provisions of this paragraph and section #bad7;f77#b71 the ,secretary of ,homeland ,security1 in the sole discretion of the ,secretary of ,homeland ,security1 may on a case-by-case basis parole an alien into the ,united ,states temporarily1 under such conditions as the ,secretary of ,homeland ,security may prescribe1 only-- 7i7 for an urgent humanitarian reason 7as described under subparagraph 7,b772 or 7ii7 for a reason deemed strictly in the public interest 7as described under subparagraph 7,c774 7,b7 ,humanitarian parole ,the ,secretary of ,homeland ,security may parole an alien based on an urgent humanitarian reason described in this subparagraph only if-- 7i7 the alien has a medical emergency and the alien cannot obtain necessary treatment in the foreign state in which the alien is residing or the medical emergency is life-threatening and there is insufficient time for the alien to be admitted through the normal visa process2 7ii7 the alien is needed in the ,united ,states in order to donate an organ or other tissue for transplant into a close family member2 7iii7 the alien has a close family member in the ,united ,states whose death is imminent and the alien could not arrive in the ,united ,states in time to see such family member alive if the alien were to be admitted through the normal visa process2 7iv7 the alien is a lawful applicant for adjustment of status under section #bde2 or 7v7 the alien was lawfully granted status under section #bjh or lawfully admitted under section #bjg4 7,c7 ,public interest parole ,the ,secretary of ,homeland ,security may parole an alien based on a reason deemed strictly in the public interest described in this subparagraph only if the alien has assisted the ,united ,states ,government in a matter1 such as a criminal investigation1 espionage1 or other similar law enforcement activity1 and either the alien's presence in the ,united ,states is required by the ,government or the alien's life would be threatened if the alien were not permitted to come to the ,united ,states4 7,d7 ,limitation on the use of parole authority ,the ,secretary of ,homeland ,security may not use the parole authority under this paragraph to permit to come to the ,united ,states aliens who have applied for and have been found to be ineligible for refugee status or any alien to whom the provisions of this paragraph do not apply4 7,e7 ,parole not an admission ,parole of an alien under this paragraph shall not be considered an admission of the alien into the ,united ,states4 ,when the purposes of the parole of an alien have been served1 as determined by the ,secretary of ,homeland ,security1 the alien shall immediately return or be returned to the custody from which the alien was paroled and the alien shall be considered for admission to the ,united ,states on the same basis as other similarly situated applicants for admission4 7,f7 ,report to ,congress ,not later than #ij days after the end of each fiscal year1 the ,secretary of ,homeland ,security shall submit a report to the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate describing the number and categories of aliens paroled into the ,united ,states under this paragraph4 ,each such report shall contain information and data concerning the number and categories of aliens paroled1 the duration of parole1 and the current status of aliens paroled during the preceding fiscal year4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the first day of the first month beginning more than #fj days after the date of the enactment of this ,act4 #g4 ,report to ,congress on parole procedures and standardization of parole procedures 7a7 ,in general ,the ,attorney ,general and the ,secretary of ,homeland ,security shall jointly conduct a review1 and report to the ,judiciary ,committees of the ,house of ,representatives and the ,senate1 not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 regarding the effectiveness of parole and custody determination procedures applicable to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts4 ,the report shall include the following3 7#a7 ,an analysis of the rate at which release from detention 7including release on parole7 is granted to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts throughout the ,united ,states1 and any disparity that exists between locations or geographical areas1 including explanation of the reasons for this disparity and what actions are being taken to have consistent and uniform application of the standards for granting parole4 7#b7 ,an analysis of the effect of the procedures and policies applied with respect to parole and custody determinations both by the ,attorney ,general and the ,secretary on the alien's pursuit of their asylum claim before an immigration court4 7#c7 ,an analysis of the effectiveness of the procedures and policies applied with respect to parole and custody determinations both by the ,attorney ,general and the ,secretary in securing the alien's presence at the immigration court proceedings4 7b7 ,recommendations ,the report should include recommendations with respect to whether the existing parole and custody determination procedures applicable to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts both respect the interests of aliens and ensure the presence of the aliens at the immigration court proceedings4 ,the report should include an assessment on corresponding failure to appear rates1 inabsentia orders1 and absconders4 #h4 ,unaccompanied alien child defined ,section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b77 is amended to read as follows3 7#b7 ,the term unaccompanied alien child-- 7,a7 means an alien who-- 7i7 has no lawful immigration status in the ,united ,states2 7ii7 has not attained #ah years of age2 and 7iii7 with respect to whom-- 7,i7 there is no parent or legal guardian in the ,united ,states2 7,,ii7 no parent or legal guardian in the ,united ,states is available to provide care and physical custody2 or 7,,iii7 no sibling over #ah years of age1 aunt1 uncle1 grandparent1 or cousin over #ah years of age is available to provide care and physical custody2 except that 7,b7 such term shall cease to include an alien if at any time a parent1 legal guardian1 sibling over #ah years of age1 aunt1 uncle1 grandparent1 or cousin over #ah years of age of the alien is found in the ,united ,states and is available to provide care and physical custody 7and the ,secretary of ,homeland ,security and the ,secretary of ,health and ,human ,services shall revoke accordingly any prior designation of the alien under this paragraph74 4 #i4 ,modifications to preferential availability for asylum for unaccompanied alien minors ,section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended-- 7#a7 by striking subsection 7a77#b77;,e72 and 7#b7 by striking subsection 7b77#c77;,c74 #aj4 ,notification and transfer of custody regarding unaccompanied alien minors ,section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77 is amended-- 7#a7 in paragraph 7#b71 by striking #dh hours and inserting #g days2 and 7#b7 in paragraph 7#c71 by striking #gb hours and inserting #cj days4 #aa4 ,information sharing between ,department of ,health and ,human ,services and ,department of ,homeland ,security ,section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77 is amended by adding at the end the following3 7#e7 ,information sharing ,the ,secretary of ,health and ,human ,services shall share with the ,secretary of ,homeland ,security any information requested on a child who has been determined to be an unaccompanied alien child and who is or has been in the custody of the ,secretary of ,health and ,human ,services1 including the location of the child and any person to whom custody of the child has been transferred1 for any legitimate law enforcement objective1 including enforcement of the immigration laws4 4 #ab4 ,safe third country ,section #bjh7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77;,a77 is amended-- 7#a7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7#b7 by striking removed1 pursuant to a bilateral or multilateral agreement1 to and inserting removed to4 #ac4 ,additional immigration judges and ,,ice prosecutors 7a7 ,executive ,office for ,immigration ,review ,subject to the availability of appropriations1 in each of fiscal years #bjae through #bjag1 the ,attorney ,general shall increase by not less than #ej the number of positions for full-time immigration judges within the ,executive ,office for ,immigration ,review above the number of such positions for which funds were allotted for fiscal year #bjad4 7b7 ,immigration and ,customs ,enforcement ,office of the ,principal ,legal ,advisor ,subject to the availability of appropriations1 in each of fiscal years #bjae through #bjag1 the ,secretary of ,homeland ,security shall increase by not less than #fj the number of positions for full-time trial attorneys within the ,immigration and ,customs ,enforcement ,office of the ,principal ,legal ,advisor above the number of such positions for which funds were allotted for fiscal year #bjad4 #ad4 ,minors in ,department of ,health and ,human ,services ,custody ,section #bce7;c77#b77;,a7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77#b77;,a77 is amended by striking the last two sentences4 #ae4 ,foreign assistance for repatriation 7a7 ,suspension of foreign assistance ,the ,secretary of ,state shall immediately suspend all foreign assistance1 including under ,united ,states ,agency for ,international ,development programs1 the ,central ,american ,regional ,security ,initiative1 or the ,international ,narcotic ,control ,law ,enforcement program1 to any large sending country that-- 7#a7 refuses to negotiate an agreement under section #bce7;a77#b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77#b772 or 7#b7 refuses to accept from the ,united ,states repatriated unaccompanied alien children 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g777 who are nationals or residents of the sending country4 7b7 ,use of foreign assistance for repatriation ,the ,secretary of ,state shall provide any additional foreign assistance from the ,united ,states that such ,secretary determines is needed to implement an agreement under section #bce7;a77#b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77#b77 or safely to repatriate or reintegrate nationals or residents of a large sending country without increasing the total quantity of foreign assistance to such country4 ,such country may use any earlier foreign assistance for the purpose of repatriation or implementation of any agreement under such section #bce7;a77#b74 7c7 ,definition of large sending program ,for purposes of this section1 the term large sending country means-- 7#a7 any country which was the country of nationality or last habitual residence for #a1jjj or more unaccompanied alien children 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g777 who entered the ,united ,states in a single fiscal year in any of the prior #c fiscal years2 and 7#b7 any other country which the ,secretary of ,homeland ,security deems appropriate4 7d7 ,effective date ,this section shall take effect on the date of the enactment of this ,act and shall apply with respect to any unaccompanied alien child 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g777 apprehended on or after such date4 #af4 ,reports 7a7 ,in general ,not later than #f months after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state and the ,secretary of ,health and ,human ,services1 with assistance from the ,secretary of ,homeland ,security1 shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives on efforts to improve repatriation programs for unaccompanied alien children 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g7774 ,such reports shall include the following3 7#a7 ,the average time that such a child is detained after apprehension until removal4 7#b7 ,the number of such children detained improperly beyond the required time periods under paragraphs 7#b7 and 7#c7 of section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b774 7#c7 ,a statement of the funds used to effectuate the repatriation of such children1 including any funds that were reallocated from foreign assistance accounts as of the date of the enactment of this ,act4 7b7 ,effective date ,this section shall take effect on the date of the enactment of this ,act and shall apply with respect to any unaccompanied alien child 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g777 apprehended on or after such date4 #ag4 ,withholding of removal 7a7 ,in general ,section #bda7;b77#c7 7#h ,u4,s4,c4 #abca7;b77#c77 is amended-- 7#a7 by adding at the end of subparagraph 7,a7 the following3 ,the burden of proof shall be on the alien to establish that the alien's life or freedom would be threatened in that country1 and that race1 religion1 nationality1 membership in a particular social group1 or political opinion would be at least one central reason for such threat4 2 and 7#b7 in subparagraph 7,c71 by striking ,in determining whether an alien has demonstrated that the alien's life or freedom would be threatened for a reason described in subparagraph 7,a71 and inserting ,for purposes of this paragraph14 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect as if enacted on ,may #aa1 #bjje1 and shall apply to applications for withholding of removal made on or after such date4 #ah4 ,gross violations of human rights 7a7 ,inadmissibility of certain aliens ,section #bab7;a77#c77;,e77iii7 7#h ,u4,s4,c4 #aahb7;a77#c77;,e77iii77 is amended to read as follows3 7iii7 ,commission of acts of torture1 extrajudicial killings1 war crimes1 or widespread or systematic attacks on civilians ,any alien who planned1 ordered1 assisted1 aided and abetted1 committed1 or otherwise participated in1 including through command responsibility and without regard to motivation or intent1 the commission of-- 7,i7 any act of torture 7as defined in section #bcdj of title #ah1 ,united ,states ,code72 7,,ii7 any extrajudicial killing 7as defined in section #c7;a7 of the ,torture ,victim ,protection ,act of #aiia 7#bh ,u4,s4,c4 #acej note77 under color of law of any foreign nation2 7,,iii7 a war crime 7as defined in section #bdda of title #ah1 ,united ,states ,code72 or 7,,iv7 a widespread or systematic attack directed against a civilian population1 with knowledge of the attack1 murder1 extermination1 enslavement1 forcible transfer of population1 arbitrary detention1 rape1 sexual slavery1 enforced prostitution1 forced pregnancy1 enforced sterilization1 or any other form of sexual violence of comparable gravity2 7,v7 persecution on political racial1 national1 ethnic1 cultural1 religious1 or gender grounds2 7,,vi7 enforced disappearance of persons2 or 7,,vii7 other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury1 is inadmissible4 4 7b7 ,nonapplicability of confidentiality requirement with respect to visa records ,the ,president may make public1 without regard to the requirements under section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f771 with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the ,united ,states1 the names of aliens deemed inadmissible on the basis of section #bab7;a77#c77;,e77iii7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a74 #ai4 ,firm resettlement ,section #bjh7;b77#b77;,a77vi7 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77vi77 is amended by striking ,states4 and inserting ,states1 which shall be considered demonstrated by evidence that the alien can live in such country 7in any legal status7 without fear of persecution44 #bj4 ,termination of ,asylum ,status ,pursuant to ,return to ,home ,country 7a7 ,termination of status ,except as provided in subsections 7b7 and 7c71 any alien who is granted asylum or refugee status under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 who1 without a compelling reason as determined by the ,secretary1 subsequently returns to the country of such alien's nationality or1 in the case of an alien having no nationality1 returns to any country in which such alien last habitually resided1 and who applied for such status because of persecution or a well-founded fear of persecution in that country on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion1 shall have his or her status terminated4 7b7 ,waiver ,the ,secretary has discretion to waive subsection 7a7 if it is established to the satisfaction of the ,secretary that the alien had a compelling reason for the return4 ,the waiver may be sought prior to departure from the ,united ,states or upon return4 7c7 ,exception for certain aliens from ,cuba ,subsection 7a7 shall not apply to an alien who is eligible for adjustment to that of an alien lawfully admitted for permanent residence pursuant to the ,cuban ,adjustment ,act of #aiff 7,public ,law #hi-gcb74 #ba4 ,asylum cases for home schoolers 7a7 ,in general ,section #aja7;a77#db7 7#h ,u4,s4,c4 #aaja7;a77#db77 is amended by adding at the end the following3 ,for purposes of determinations under this ,act1 a person who has been persecuted for failure or refusal to comply with any law or regulation that prevents the exercise of the individual right of that person to direct the upbringing and education of a child of that person 7including any law or regulation preventing homeschooling71 or for other resistance to such a law or regulation1 shall be deemed to have been persecuted on account of membership in a particular social group1 and a person who has a well founded fear that he or she will be subject to persecution for such failure1 refusal1 or resistance shall be deemed to have a well founded fear of persecution on account of membership in a particular social group44 7b7 ,numerical limitation ,section #bjg7;a7 7#h ,u4,s4,c4 #aaeg7;a77 is amended by adding at the end the following new paragraph3 7#e7 ,for any fiscal year1 not more than #ejj aliens may be admitted under this section1 or granted asylum under section #bjh1 pursuant to a determination under section #aja7;a77#db7 that the alien is described in the final sentence of section #aja7;a77#db7 7as added by section #ba of the ,asylum ,reform and ,border ,protection ,act of #bjae74 4 7c7 ,effective dates 7#a7 ,in general ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to failure or refusal to comply with a law or regulation1 or other resistance to a law or regulation1 occurring before1 on1 or after such date4 7#b7 ,numerical limitation ,the amendment made by subsection 7b7 shall take effect beginning on the first day of the first fiscal year beginning after the date of the enactment of this ,act4 #bb4 ,notice concerning frivolous asylum applications3 7a7 ,in general ,section #bjh7;d77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#d77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by inserting the ,secretary of ,homeland ,security or before the ,attorney ,general2 7#b7 in subparagraph 7,a71 by striking and of the consequences1 under paragraph 7#f71 of knowingly filing a frivolous application for asylum2 7#c7 in subparagraph 7,b71 by striking the period and inserting 2 and2 7#d7 by adding at the end the following3 7,c7 ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application4 2 and 7#e7 by inserting after subparagraph 7,c7 the following3 ,the written warning referred to in subparagraph 7,c7 shall serve as notice to the alien of the consequences of filing a frivolous application4 4 7b7 ,conforming amendment ,section #bjh7;d77#f7 7#h ,u4,s4,c4 #aaeh7;d77#f77 is amended by striking paragraph 7#d77;,a7 and inserting paragraph 7#d77;,c74 #bc4 ,termination of asylum status ,section #bjh7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 7c77 is amended by adding at the end the following3 7#d7 ,if an alien's asylum status is subject to termination under section #bjh7;c77#b71 the immigration judge shall first determine whether the conditions specified under #bjh7;c77#b7 have been met1 and if so1 terminate the alien's asylum status before considering whether the alien is eligible for adjustment of status under section #bji4 4