,,ii #aaeth ,,congress #b;d ,session ,s4 #cjia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ai1 #bjah ,mr4 ,cruz 7for himself1 ,mr4 ,barrasso1 ,mr4 ,blunt1 ,mr4 ,crapo1 ,mr4 ,daines1 ,mrs4 ,ernst1 ,mr4 ,hatch1 ,mr4 ,hoeven1 ,mr4 ,inhofe1 ,mr4 ,risch1 ,mr4 ,rounds1 ,mr4 ,roberts1 ,mr4 ,rubio1 ,mr4 ,sasse1 ,mr4 ,scott1 ,mr4 ,toomey1 ,mr4 ,young1 ,mr4 ,lee1 and ,mr4 ,wicker7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to limit the separation of families seeking asylum in the ,united ,states and expedite the asylum process for individuals arriving in the ,united ,states with children4 #a4 ,short title ,this ,act may be cited as the ,protect ,kids and ,parents ,act4 #b4 ,ensuring families remain together ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement3 7a7 ,a child shall remain in the custody of and be detained in the same facility as the ,asylum ,applicant who is the child's parent or legal guardian during the pendency of the ,asylum ,applicant's asylum or withholding of removal proceedings4 7b7 ,if a child has multiple parents or legal guardians who are ,asylum ,applicants1 that child shall remain in the custody of and be detained in the same facility as all of the child's parents and legal guardians during the pendency of the ,asylum ,applicants' asylum or withholding of removal proceedings2 unless one of the child's parents or legal guardians is present in the ,united ,states and not in any form of detention1 in which case the child shall be placed in the custody of that parent or legal guardian4 #c4 ,facilities for asylum applicants who retain custody of a child 7a7 ,the designated agencies shall maintain facilities for the joint detention of ,asylum ,applicants who retain custody of a child and the child4 ,these facilities shall only contain individuals who are under the age of #ah or are the parents or legal guardians of individuals under the age of #ah4 7b7 ,funding ,there are authorized to be appropriated for each of fiscal years #bjai1 #bjbj1 and #bjba such sums as may be necessary to carry out this section4 #d4 ,increasing the number of authorized immigration judges 7a7 ,increase in immigration judges ,the ,attorney ,general of the ,united ,states shall increase the total number of immigration judges to adjudicate pending cases and efficiently process future cases by #cge judges4 7b7 ,necessary support staff for immigration judges ,to address the shortage of support staff for immigration judges1 the ,attorney ,general shall ensure that each immigration judge has sufficient support staff1 adequate technological and security resources1 and appropriate courtroom facilities4 7c7 ,increase in board of immigration appeals attorneys ,the ,attorney ,general shall increase the number of ,board of ,immigration ,appeals staff attorneys by sixty attorneys4 7d7 ,necessary support staff for board of immigration appeals ,to address the shortage of support staff for the ,board of ,immigration appeals1 the ,attorney ,general shall ensure that the ,board of ,immigration ,appeals and its staff attorneys has sufficient support staff and adequate technological and security resources4 7e7 ,prioritization of asylum applicants ,any immigration judges1 ,board of ,immigration ,appeals staff attorneys1 and support staff hired under the authority of this section shall prioritize asylum applications that are filed by ,asylum ,applicants4 7f7 ,funding ,there are authorized to be appropriated for each of fiscal years #bjai1 #bjbj1 and #bjba such sums as may be necessary to carry out this section4 #e4 ,increasing the number of available department of homeland security employees 7a7 ,increase in department of homeland security personnel ,the ,secretary of ,homeland ,security shall increase the total number of ,department personnel that are responsible for processing asylum applications filed by ,asylum ,applicants by #bjj individuals4 ,positions authorized before the date of the enactment of this ,act and any existing officer vacancies within the ,department of ,homeland ,security on such date of enactment shall not count towards the increase mandated by this paragraph4 7b7 ,increase in department of homeland security personnel ,the ,secretary is authorized to procure space1 temporary facilities1 and to hire the required administrative and legal support staff1 on an expedited basis1 to accommodate the additional positions authorized under this section4 7c7 ,funding ,there are authorized to be appropriated for each of fiscal years #bjai1 #bjbj1 and #bjba such sums as may be necessary to carry out this section4 #f4 ,establishing deadlines for processing of asylum applicants ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement3 7a7 ,in general 7#a7 ,the ,attorney ,general and ,secretary of ,homeland ,security shall establish within #fj days of the enactment of this ,act procedures for the expedited consideration of asylum applications filed by ,asylum ,applicants1 pursuant to the guidelines set forth in this ,act4 7#b7 ,an asylum application filed by ,asylum ,applicants must be governed by the expedited procedures set forth by this ,act1 as opposed to existing asylum law1 procedures1 regulations1 and timelines4 ,but unless modified by this ,act or the procedures set forth in1 regulations promulgated pursuant to1 and timelines established by this ,act1 the standards1 procedures1 and burdens of proof established by existing law and regulations for asylum applications shall apply to an asylum application filed by an ,asylum ,applicant4 7#c7 ,until the ,attorney ,general and ,secretary of ,homeland ,security have established procedures for expedited consideration of asylum applications under this section1 any asylum application filed by an ,asylum ,applicant shall be reviewed under existing law1 regulations1 and procedures for the evaluation of an asylum claim4 ,other sections of this ,act1 including sections #b1 #c1 and #h1 will nonetheless begin to apply to ,asylum ,applicants upon enactment of this ,act4 7b7 ,asylum interviews 7#a7 ,within #bd hours of an initial referral from immigration officials of an asylum application by an ,asylum ,applicant1 an asylum officer shall conduct an asylum interview of the ,asylum ,applicant4 7#b7 ,the ,attorney ,general shall provide information concerning the asylum interview described in this section to ,asylum ,applicants at least twelve hours prior to the asylum interview4 ,an ,asylum ,applicant may consult with a person or persons of the ,asylum ,applicant's choosing prior to the interview or any review thereof1 according to regulations prescribed by the ,attorney ,general4 ,such consultation shall be at no expense to the ,government and shall not unreasonably delay the process4 7#c7 ,within #bd hours of the start of an asylum interview1 the asylum officer must make a determination of whether the ,asylum ,application has a credible fear of persecution4 7#d7 ,if the officer determines that the ,asylum ,applicant has a credible fear of persecution1 the ,asylum ,applicant shall be detained for further consideration of the application for asylum and referred for an asylum determination consistent with subsection 7d74 7#e7 ,if the officer determines that the ,asylum ,applicant does not have a credible fear of persecution1 the ,asylum ,applicant has #bd hours to request review by an ,immigration ,judge4 ,if the ,asylum ,applicant does not request review of the determination within that time period1 a ,final ,order of ,removal shall be issued4 7#f7 ,the asylum officer shall prepare a written record of a determination that the ,asylum ,applicant does not have a credible fear of persecution4 ,such record shall include a summary of the material facts as stated by the ,asylum ,applicant1 such additional facts 7if any7 relied upon by the officer1 and the officer's analysis of why1 in the light of such facts1 the ,asylum ,applicant has not established a credible fear of persecution4 ,a copy of the officer's interview notes shall be attached to the written summary4 7c7 ,appearance before immigration judge 7#a7 ,in the case of an ,asylum ,applicant referred to an ,immigration ,judge following a determination of credible fear of persecution by the asylum officer or an ,asylum ,applicant who requests review by an ,immigration ,judge of a determination that the ,asylum ,applicant does not have a credible fear of persecution1 the ,attorney ,general shall present the ,asylum ,applicant before an immigration judge for a hearing within #bd hours of the referral or request4 7#b7 ,the ,immigration ,judge shall make a determination of asylum or withholding of removal eligibility within #abj hours of such a hearing4 7#c7 ,if the ,immigration ,judge determines the ,asylum ,applicant is eligible for asylum or withholding of removal1 the judge will order that asylum or withholding of removal be granted4 7#d7 ,if the ,immigration ,judge determines that the ,asylum ,applicant is not eligible for asylum or withholding of removal1 the ,asylum ,applicant has #bd hours to request review by the ,board of ,immigration ,appeals4 ,if the ,asylum ,applicant does not request review of the determination within that time period1 a ,final ,order of ,removal will be issued4 7#e7 ,the ,immigration ,judge shall prepare a written record of a determination that the ,asylum ,applicant is not eligible for asylum or withholding of removal4 ,such record shall include a summary of the material facts as stated by the ,asylum ,applicant1 such additional facts 7if any7 relied upon by the ,immigration ,judge1 and the ,immigration ,judge's analysis of why1 in the light of such facts1 the ,asylum ,applicant has not established eligibility for asylum or withholding of removal4 7d7 ,review by board of immigration appeals 7#a7 ,in the case of an ,asylum ,applicant who requests review by the ,board of ,immigration ,appeals of a determination by an ,immigration ,judge that he or she is not eligible for asylum or withholding of removal1 the ,attorney ,general shall present the request for review to the ,board of ,immigration ,appeals within #bd hours of the request4 7#b7 ,the ,board of ,immigration ,appeals shall make a determination of asylum or withholding of removal eligibility within #bd hours of receiving the request4 7#c7 ,if the ,board of ,immigration ,appeals determines the ,asylum ,applicant is eligible for asylum or withholding of removal1 the ,board of ,immigration ,appeals will order that asylum or withholding of removal be granted4 7#d7 ,if the ,board of ,immigration ,appeals determines that the ,asylum ,applicant is not eligible for asylum or withholding of removal1 the ,asylum ,applicant has #bd hours to request review by the ,attorney ,general4 ,if the ,asylum ,applicant does not request review of the determination within that time period1 a ,final ,order of ,removal will be issued4 7e7 ,review by ,attorney ,general 7#a7 ,in the case of an ,asylum ,applicant who requests review by the ,attorney ,general of a determination by the ,board of ,immigration ,appeals that he or she is not eligible for asylum or withholding of removal1 the ,attorney ,general shall make a determination of asylum or withholding of removal eligibility within #bd hours of receiving the request4 7#b7 ,if the ,attorney ,general determines the ,asylum ,applicant is eligible for asylum or withholding of removal1 the ,attorney ,general will order that asylum be granted4 7#c7 ,if the ,attorney ,general determines that the ,asylum ,applicant is not eligible for asylum or withholding of removal1 a ,final ,order of ,removal will be issued4 7f7 ,issuance of final order of removal ,following a determination by the ,attorney ,general that the ,asylum ,applicant is not eligible for asylum or withholding of removal1 there shall be no additional review prior to the issuance of a ,final ,order of ,removal4 7g7 ,grant of asylum ,if asylum or withholding of removal is granted to an ,asylum ,applicant pursuant to these expedited procedures1 the grant will be conditional and the ,asylum ,applicant shall remain in detention until the identity of the applicant has been checked against all appropriate records or databases maintained by the ,attorney ,general and by the ,secretary of ,state1 including the ,automated ,visa ,lookout ,system1 to determine any grounds on which the alien may be inadmissible to1 excludable from1 removable from1 or deportable from the ,united ,states1 or ineligible to apply for or be granted asylum or withholding of removal4 7h7 ,extensions of deadlines on behalf of designated agencies ,a designated agency may seek an extension of any of the deadlines set forth in this subsection by applying for an extension with an ,immigration ,judge4 ,the ,immigration ,judge must issue an order stating that the designated agency has established that good cause warrants the granting of an extension4 ,an extension may be granted for up to thirty days4 ,only two extensions may be granted1 in total1 to a designated agency during the entirety of an ,asylum ,applicant's asylum application process4 ,any extensions of the deadlines shall not affect the detention of the ,asylum ,applicant4 7i7 ,extensions of deadlines on behalf of asylum applicants ,an ,asylum ,applicant may seek an extension of any of the deadlines set forth in this subsection by applying for an extension with an ,immigration ,judge4 ,the ,immigration ,judge must issue an order stating that the ,asylum ,applicant has established that good cause warrants the granting of an extension4 ,an extension may be granted for up to thirty days4 ,only two extensions may be granted1 in total1 to an ,asylum ,applicant during the entirety of the ,asylum ,applicant's asylum application process4 ,any extensions of the deadlines shall not affect the detention of the ,asylum ,applicant4 #g4 ,consequences of denial of asylum application ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement3 7a7 ,once a ,final ,order of ,removal for an ,asylum ,applicant is issued1 the designated agency shall remove from the ,united ,states within four days the ,asylum ,applicant and any child for whom the ,asylum ,applicant is the parent or legal guardian and has been detained with the ,asylum ,applicant4 7#a7 ,exception ,if the child has a parent or legal guardian who will be remaining physically present in the ,united ,states when the ,asylum ,applicant is removed1 the child will remain in or be placed in the custody of that parent or legal guardian4 7b7 ,an ,asylum ,applicant whose asylum application is denied pursuant to the process outlined in this ,act shall not be prosecuted for illegal entry as a result of the entry into the ,united ,states that led to the filing of the asylum application adjudicated under the process outlined in this ,act1 but will instead be removed from the ,united ,states4 ,an ,asylum ,applicant may be prosecuted for any other violation of the law if and once their asylum application has been denied4 ,if the ,asylum ,applicant is prosecuted for an immigration crime that is not a crime of violence1 the provisions of this ,act that require that a child shall remain in the custody of and be detained in the same facility as the ,asylum ,applicant1 and any other exceptions and requirements thereof set forth in this ,act1 shall continue to apply4 7c7 ,a denial of an asylum application pursuant to the process outlined in this ,act shall not prejudice a subsequent asylum application by the same ,asylum ,applicant on the same grounds if it is later filed after the ,asylum ,applicant arrives at a legal port of entry and files an asylum application1 unless it is determined that the ,asylum ,applicant engaged in fraud during his prior asylum application that was denied pursuant to the process outlined in this ,act4 #h4 ,exceptions to ensuring families remain together 7a7 ,an agent or officer of a designated agency shall be permitted to remove a child from the custody of an ,asylum ,applicant that is the child's parent or legal guardian with that ,asylum ,applicant's consent4 ,if a child has multiple parents or legal guardians in detention1 all parents or legal guardians with custody of the child must consent to have the child removed from their custody before an agent or officer of a designated agency is permitted to remove the child2 otherwise1 the child will remain with the parent or legal guardian who does not wish for the child to be removed4 7b7 ,an agent or officer of a designated agency shall be permitted to remove a child from the custody of an ,asylum ,applicant without that ,asylum ,applicant's consent if the following has occurred3 7#a7 ,a ,state court1 authorized under ,state law1 terminates the rights of a parent or legal guardian1 determines that it is in the best interests of the child to be removed from his or her parent or legal guardian1 in accordance with the ,adoption and ,safe ,families ,act of #aiig 7,public ,law #aje-hi71 or makes any similar determination that is legally authorized under ,state law4 7#b7 ,an official from the ,state or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from his or her parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian1 or is a danger to herself or others4 7#c7 ,the ,chief ,patrol ,agent or the ,area ,port ,director1 or their designees1 authorizes separation upon the recommendation by an agent or officer1 based on a finding that-- 7,a7 the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking2 7,b7 there is a strong likelihood that the adult is not the parent or legal guardian of the child2 or 7,c7 the child is in danger of abuse or neglect at the hands of the parent or legal guardian1 or is a danger to themselves or others4 7c7 ,documentation required ,the ,secretary shall ensure that a separation under subsection 7a77#c7 is documented in writing and includes1 at a minimum1 the reason for such separation1 together with the stated evidence for such separation4 #i4 ,recommendations for separations by agents or officers 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 shall develop training and guidance1 with an emphasis on the best interests of the child1 childhood trauma1 attachment1 and child development1 for use by the agents and officers1 in order to standardize the implementation of section #h7;b77#c74 7b7 ,annual review ,not less frequently than annually1 the ,secretary of ,health and ,human ,services shall review the guidance developed under subsection 7a7 and make recommendations to the ,secretary to ensure such guidance is in accordance with current evidence and best practices in child welfare1 child development1 and childhood trauma4 7c7 ,requirement ,the guidance under subsection 7a7 shall incorporate the presumptions described in section #aj4 7d7 ,additional requirements 7#a7 ,evidence-based ,the guidance and training developed under this section shall incorporate evidence-based practices4 7#b7 ,training required 7,a7 ,all agents and officers of designated agencies1 upon hire1 and annually thereafter1 shall complete training on adherence to the guidance under this section4 7,b7 ,all ,chief ,patrol ,agents and ,area ,port ,directors1 upon hire1 and annually thereafter1 shall complete-- 7i7 training on adherence to the guidance under this section2 and 7ii7 #ij minutes of child welfare practice training that is evidence-based and trauma-informed4 #aj4 ,presumptions ,the presumptions described in this ,act are the following3 7#a7 ,family unity ,there shall be a strong presumption in favor of family unity4 7#b7 ,siblings ,to the maximum extent practicable1 the ,secretary shall ensure that sibling groups remain intact4 #aa4 ,required policy for locating separated children 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall publish final public guidance that describes1 with specificity1 the manner in which an ,asylum ,applicant may locate a child they were the parent or legal guardian of that was separated from them prior to the enactment of this ,act4 ,in developing the public guidance1 the ,secretary shall consult with the ,secretary of ,health and ,human ,services4 7b7 ,written notification ,the ,secretary shall provide each ,asylum ,applicant who was separated from a child they were the parent or legal guardian of with written notice of the public guidance to locate the separated child4 7c7 ,language access ,all guidance shall be available in ,english and ,spanish1 and at the request of the ,asylum ,applicant1 in the language or manner that is understandable by the ,asylum ,applicant4 #ab4 ,annual report on family separation ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit a report to the committees of jurisdiction that describes each instance in which a child was separated from a parent or legal guardian and includes1 for each such instance1 the following3 7#a7 ,the relationship of the adult and the child4 7#b7 ,the age and gender of the adult and child4 7#c7 ,the length of separation4 7#d7 ,whether the adult was charged with a crime1 and if the adult was charged with a crime1 the type of crime4 7#e7 ,whether the adult made a claim for asylum1 expressed a fear to return1 or applied for other immigration relief4 7#f7 ,whether the adult was prosecuted if charged with a crime and the associated outcome of such charges4 7#g7 ,the stated reason for1 and evidence in support of1 the separation4 7#h7 ,if the child was part of a sibling group at the time of separation1 whether the sibling group has had physical contact and visitation4 7#i7 ,whether the child was rendered an unaccompanied alien child4 7#aj7 ,other information in the ,secretary's discretion4 #ac4 ,clarification of parental rights ,if a child is separated from a parent or legal guardian1 and a ,state court has not made a determination that the parental rights have been terminated1 there is a presumption that-- 7#a7 the parental rights remain intact2 and 7#b7 the separation does not constitute an affirmative determination of abuse or neglect under ,federal or ,state law4 #ad4 ,clarification of existing law 7a7 ,nothing in this ,act shall be interpreted to supersede or modify ,federal child welfare law1 where applicable1 including the ,adoption and ,safe ,families ,act of #aiig 7,public ,law #aje-hi74 7b7 ,nothing in this ,act shall be interpreted to supersede or modify ,state child welfare laws where applicable4 7c7 ,nothing in this ,act shall be interpreted to grant any due process rights to any individual who entered this country illegally4 7d7 ,nothing in this act shall alter how an unaccompanied alien under the age of eighteen is treated under existing law4 #ae4 ,,gao report on prosecution of asylum seekers 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study of the prosecution of asylum seekers during the period beginning on ,january #a1 #bjjh and ending on ,december #ca1 #bjah1 including-- 7#a7 the total number of persons who claimed a fear of persecution1 received a favorable credible fear determination1 and were referred for prosecution2 7#b7 an overview and analysis of the metrics used by the ,department of ,homeland ,security and the ,department of ,justice to track the number of asylum seekers referred for prosecution2 7#c7 the total number of asylum seekers referred for prosecution1 a breakdown and description of the criminal charges filed against asylum seekers during such period1 and a breakdown and description of the convictions secured2 7#d7 the total number of asylum seekers who were separated from their children as a result of being referred for prosecution2 7#e7 a breakdown of the resources spent on prosecuting asylum seekers during such period1 as well as any diversion of resources required to prosecute asylum seekers1 and any costs imposed on ,states and localities2 7#f7 the total number of asylum seekers who were referred for prosecution and also went through immigration proceedings2 and 7#g7 the total number of asylum seekers referred for prosecution who were deported before going through immigration proceedings4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report that describes the results of the study conducted pursuant to subsection 7a74 #af4 ,definitions ,in this ,act3 7#a7 ,agent2 officer ,the terms agent and officer include contractors of the ,federal ,government4 7#b7 ,asylum applicant ,the term ,asylum ,applicant means an alien who 7a7 has no permanent immigration status2 7b7 is detained by the ,united ,states government at or near a port of entry or within #ajj miles of the border of the ,united ,states while having custody of and being in the presence of a child for whom the alien is a parent or legal guardian2 and 7c7 seeks1 within #dh hours of detention1 asylum pursuant to section #bjh of the ,immigration and ,nationality ,act1 withholding of removal pursuant to section #bda7;b77#c7 of the ,immigration and ,nationality ,act1 or withholding of removal pursuant to the ,convention ,against ,torture4 7#c7 ,asylum application ,the term asylum application means an application for asylum pursuant to section #bjh of the ,immigration and ,nationality ,act1 an application for withholding of removal under section #bda7;b77#c7 of the ,immigration and ,nationality ,act1 and_/or an application for withholding of removal pursuant to the ,convention ,against ,torture4 7#d7 ,child ,the term child means an individual who-- 7,a7 has not reached the age of #ah2 7,b7 has no permanent immigration status2 and 7,c7 was in the custody and presence of a parent or legal guardian when the parent or legal guardian was detained for illegally entering into the ,united ,states at or near a port of entry or within #ajj miles of the border of the ,united ,states4 7#e7 ,committees of jurisdiction ,the term committees of jurisdiction means-- 7,a7 the ,committee on the ,judiciary and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7,b7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#f7 ,danger of abuse or neglect at the hands of the parent or legal guardian ,the term danger of abuse or neglect at the hands of the parent or legal guardian shall not mean migrating to or crossing the ,united ,states border4 7#g7 ,designated agency ,the term designated agency means-- 7,a7 the ,department of ,homeland ,security2 7,b7 the ,department of ,justice2 and 7,c7 the ,department of ,health and ,human ,services4 7#h7 ,secretary ,unless otherwise specified1 the term ,secretary means the ,secretary of ,homeland ,security4