,i #aafth ,,congress #ast ,session ,h4 ,r4 #ehf ,,in ,,the ,,house ,,of ,,representatives ,january #af1 #bjai,mr4 ,collins of ,georgia 7for himself and ,mr4 ,johnson of ,louisiana7 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 close loopholes in the immigration laws that serve as incentives to aliens to attempt to enter the ,united ,states unlawfully1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,fix the ,immigration ,loopholes ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,unaccompanied ,alien ,children ,sec4 #aja4 ,repatriation of unaccompanied alien children4 ,sec4 #ajb4 ,clarification of standards for family detention4 ,sec4 #ajc4 ,special immigrant juvenile status for immigrants unable to reunite with either parent4 ,title ,,ii--,asylum ,reform ,sec4 #bja4 ,credible fear interviews4 ,sec4 #bjb4 ,jurisdiction of asylum applications4 ,sec4 #bjc4 ,recording expedited removal and credible fear interviews4 ,sec4 #bjd4 ,safe third country4 ,sec4 #bje4 ,renunciation of asylum status pursuant to return to home country4 ,sec4 #bjf4 ,notice concerning frivolous asylum applications4 ,sec4 #bjg4 ,anti-fraud investigative work product4 ,sec4 #bjh4 ,penalties for asylum fraud4 ,sec4 #bji4 ,statute of limitations for asylum fraud4 ,sec4 #baj4 ,technical amendments4 ,i ,unaccompanied ,alien ,children #aja4 ,repatriation of unaccompanied alien children 7a7 ,in general ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 by amending the heading to read as follows3 ,rules for unaccompanied alien children4--2 7ii7 in subparagraph 7,a7-- 7,i7 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 7,,ii7 in clause 7i71 by inserting and at the end2 7,,iii7 in clause 7ii71 by striking 2 and and inserting a period2 and 7,,iv7 by striking clause 7iii72 7iii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking 7#h ,u4,s4,c4 #aaja et seq47 may-- and inserting 7#h ,u4,s4,c4 #aaja et seq47--2 7,,ii7 in clause 7i71 by inserting before permit such child to withdraw the following3 may2 and 7,,iii7 in clause 7ii71 by inserting before return such child the following3 shall2 and 7iv7 in subparagraph 7,c7-- 7,i7 by amending the heading to read as follows3 ,agreements with foreign countries4--2 and 7,,ii7 in the matter preceding clause 7i71 by striking ,the ,secretary of ,state shall negotiate agreements between the ,united ,states and countries contiguous to the ,united ,states and inserting ,the ,secretary of ,state may negotiate agreements between the ,united ,states and any foreign country that the ,secretary determines appropriate2 7,b7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#d7 through 7#f71 respectively1 and inserting after paragraph 7#b7 the following3 7#c7 ,special rules for interviewing unaccompanied alien children ,an unaccompanied alien child shall be interviewed by a dedicated ,u4,s4 ,citizenship and ,immigration ,services immigration officer with specialized training in interviewing child trafficking victims4 ,such officer shall be in plain clothes and shall not carry a weapon4 ,the interview shall occur in a private room4 2 and 7,c7 in paragraph 7#f77;,d7 7as so redesignated7-- 7i7 in the matter preceding clause 7i71 by striking 1 except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection 7a77#b71 and inserting who does not meet the criteria listed in paragraph 7#b77;,a72 and 7ii7 in clause 7i71 by inserting before the semicolon at the end the following3 1 which shall include a hearing before an immigration judge not later than #ad days after being screened under paragraph 7#d72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting before the semicolon the following3 believed not to meet the criteria listed in subsection 7a77#b77;,a72 and 7ii7 in subparagraph 7,b71 by inserting before the period the following3 and does not meet the criteria listed in subsection 7a77#b77;,a72 and 7,b7 in paragraph 7#c71 by striking an unaccompanied alien child in custody shall and all that follows1 and inserting the following3 an unaccompanied alien child in custody-- 7,a7 in the case of a child who does not meet the criteria listed in subsection 7a77#b77;,a71 shall transfer the custody of such child to the ,secretary of ,health and ,human ,services not later than #cj days after determining that such child is an unaccompanied alien child who does not meet such criteria2 or 7,b7 in the case of child who meets the criteria listed in subsection 7a77#b77;,a71 may transfer the custody of such child to the ,secretary of ,health and ,human ,services after determining that such child is an unaccompanied alien child who meets such criteria4 2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#c71 by inserting at the end the following3 7,d7 ,information about individuals with whom children are placed 7i7 ,information to be provided to ,homeland ,security ,before placing a child with an individual1 the ,secretary of ,health and ,human ,services shall provide to the ,secretary of ,homeland ,security1 regarding the individual with whom the child will be placed1 the following information3 7,i7 ,the name of the individual4 7,,ii7 ,the social security number of the individual1 if available4 7,,iii7 ,the date of birth of the individual4 7,,iv7 ,the location of the individual's residence where the child will be placed4 7,v7 ,the immigration status of the individual1 if known4 7,,vi7 ,contact information for the individual4 7ii7 ,special rule ,in the case of a child who was apprehended on or after the effective date of this clause1 and before the date of the enactment of this subparagraph1 who the ,secretary of ,health and ,human ,services placed with an individual1 the ,secretary shall provide the information listed in clause 7i7 to the ,secretary of ,homeland ,security not later than #ij days after such date of enactment4 2 and 7,b7 in paragraph 7#e7-- 7i7 by inserting after to the greatest extent practicable the following3 7at no expense to the ,government72 and 7ii7 by striking have counsel to represent them and inserting have access to counsel to represent them4 7b7 ,effective date ,the amendments made by this section shall apply to any unaccompanied alien child apprehended on or after the date of enactment4 #ajb4 ,clarification of standards for family detention 7a7 ,in general ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended by adding at the end the following3 7j7 ,construction 7#a7 ,in general ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement1 the detention of any alien child who is not an unaccompanied alien child shall be governed by sections #bag1 #bce1 #bcf1 and #bda of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg1 #abbe1 #abbf1 and #abca74 ,there exists no presumption that an alien child who is not an unaccompanied alien child should not be detained1 and all such determinations shall be in the discretion of the ,secretary of ,homeland ,security4 7#b7 ,release of minors other than unaccompanied aliens ,in no circumstances shall an alien minor who is not an unaccompanied alien child be released by the ,secretary of ,homeland ,security other than to a parent or legal guardian4 7#c7 ,family detention ,the ,secretary of ,homeland ,security shall-- 7,a7 maintain the care and custody of an alien1 during the period during which the charges described in clause 7i7 are pending1 who-- 7i7 is charged only with a misdemeanor offense under section #bge7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7;a772 and 7ii7 entered the ,united ,states with the alien's child who has not attained #ah years of age2 and 7,b7 detain the alien with the alien's child4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to all actions that occur before1 on1 or after the date of the enactment of this ,act4 7c7 ,preemption of ,state licensing requirements ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement1 no ,state may require that an immigration detention facility used to detain children who have not attained #ah years of age1 or families consisting of one or more of such children and the parents or legal guardians of such children1 that is located in that ,state1 be licensed by the ,state or any political subdivision thereof4 #ajc4 ,special immigrant juvenile status for immigrants unable to reunite with either parent ,section #aja7;a77#bg77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j77 is amended-- 7#a7 in clause 7i71 by striking 1 and whose reunification with #a or both of the immigrant's parents is not viable due to abuse1 neglect1 abandonment1 or a similar basis found under ,state law2 and 7#b7 in clause 7iii7-- 7,a7 by striking and at the end of subclause 7,i72 7,b7 by inserting and at the end of subclause 7,,ii72 and 7,c7 by adding at the end the following3 7,,iii7 an alien may not be granted special immigrant juvenile status under this subparagraph if his or her reunification with any one parent or legal guardian is not precluded by abuse1 neglect1 abandonment1 or any similar cause under ,state law2 4 ,,ii ,asylum ,reform #bja4 ,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 claim and all that follows1 and inserting claim1 as determined pursuant to section #bjh7;b77#a77;,b77iii71 and such other facts as are known to the officer1 that the alien could establish eligibility for asylum under section #bjh1 and it is more probable than not that the statements made by1 and on behalf of1 the alien in support of the alien's claim are true44 #bjb4 ,jurisdiction of asylum applications ,section #bjh7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended by striking subparagraph 7,c74 #bjc4 ,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 to the extent possible1 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 alien4 7d7 ,recordings in immigration proceedings ,there shall be an audio or audio visual recording of interviews of aliens subject to expedited removal4 ,the recording 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 #bjd4 ,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 each place it appears and inserting ,secretary of ,homeland ,security2 and 7#b7 by striking removed1 pursuant to a bilateral or multilateral agreement1 to and inserting removed to4 #bje4 ,renunciation of asylum status pursuant to return to home country 7a7 ,in general ,section #bjh7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;c77 is amended by adding at the end the following new paragraph3 7#d7 ,renunciation of status pursuant to return to home country 7,a7 ,in general ,except as provided in subparagraph 7,b71 any alien who is granted asylum status under this ,act1 who1 absent changed country conditions1 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 7,b7 ,waiver ,the ,secretary has discretion to waive subparagraph 7,a7 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 4 7b7 ,conforming amendment ,section #bjh7;c77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;c77#c77 is amended by inserting after paragraph 7#b7 the following3 or 7#d74 #bjf4 ,notice concerning frivolous asylum applications 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 and and inserting a semicolon2 7#c7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 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 application and serving as notice to the alien of the consequence of filing a frivolous application4 4 7b7 ,conforming amendment ,section #bjh7;d77#f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#f77 is amended by striking ,if the and all that follows and inserting3 7,a7 ,if the ,secretary of ,homeland ,security or the ,attorney ,general determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph 7#d77;,c71 the alien shall be permanently ineligible for any benefits under this chapter1 effective as the date of the final determination of such an application4 7,b7 ,an application is frivolous if the ,secretary of ,homeland ,security or the ,attorney ,general determines1 consistent with subparagraph 7,c71 that-- 7i7 it is so insufficient in substance that it is clear that the applicant knowingly filed the application solely or in part to delay removal from the ,united ,states1 to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph 7#b71 or to seek issuance of a ,notice to ,appear in order to pursue ,cancellation of ,removal under section #bdj;,a7b72 or 7ii7 any of the material elements are knowingly fabricated4 7,c7 ,in determining that an application is frivolous1 the ,secretary or the ,attorney ,general1 must be satisfied that the applicant1 during the course of the proceedings1 has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim4 7,d7 ,for purposes of this section1 a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section #bda7;b77#c7 or protection pursuant to the ,convention ,against ,torture4 4 #bjg4 ,anti-fraud investigative work product 7a7 ,asylum credibility determinations ,section #bjh7;b77#a77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#a77;,b77iii77 is amended by inserting after all relevant factors the following3 1 including statements made to1 and investigative reports prepared by1 immigration authorities and other government officials4 7b7 ,relief for removal credibility determinations ,section #bdj7;c77#d77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#d77;,c77 is amended by inserting after all relevant factors the following3 1 including statements made to1 and investigative reports prepared by1 immigration authorities and other government officials4 #bjh4 ,penalties for asylum fraud ,section #ajja of title #ah1 ,united ,states ,code1 is amended by inserting at the end of the paragraph-- 7d7 ,whoever1 in any matter before the ,secretary of ,homeland ,security or the ,attorney ,general pertaining to asylum under section #bjh of the ,immigration and ,nationality ,act or withholding of removal under section #bda7;b77#c7 of such ,act1 knowingly and willfully-- 7#a7 makes any materially false1 fictitious1 or fraudulent statement or representation2 or 7#b7 makes or uses any false writings or document knowing the same to contain any materially false1 fictitious1 or fraudulent statement or entry1 shall be fined under this title or imprisoned not more than #aj years1 or both4 4 #bji4 ,statute of limitations for asylum fraud ,section #cbia of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking #aedd1 and inserting #aedd1 and section #aedf12 and 7#b7 by striking offense4 and inserting offense or within #aj years after the fraud is discovered44 #baj4 ,technical amendments ,section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,d71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7,b7 in paragraph 7#c71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 7#b7 in subsection 7b77#b71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general each place such term appears2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7,c7 in paragraph 7#c71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general each place such term appears2 7,b7 in paragraph 7#b71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7,c7 in paragraph 7#e7-- 7i7 in subparagraph 7,a71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7ii7 in subparagraph 7,b71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general4