,,ii #aafth ,,congress #ast ,session ,s4 #adid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ae1 #bjai,mr4 ,graham introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh to protect alien minors and to amend the ,immigration and ,nationality ,act to end abuse of the asylum system and establish refugee application and processing centers outside the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,secure and ,protect ,act of #bjai4 #b4 ,protection of minors 7a7 ,promoting family unity ,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 ,promoting family unity 7#a7 ,detention of alien minors 7,a7 ,in general ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement1 the ,secretary of ,homeland ,security may detain any alien minor 7other than an unaccompanied alien child7 who is removable from the ,united ,states under section #bcg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7 for not more than #ajj days pending the completion of removal proceedings1 regardless of whether the alien minor was previously an unaccompanied alien child4 7,b7 ,priority removal cases ,the ,director of the ,executive ,office for ,immigration ,review shall-- 7i7 prioritize the removal proceedings of an alien minor1 or a family unit that includes an alien minor1 detained under subparagraph 7,a72 and 7ii7 set a case completion goal of not more than #ajj days for such proceedings4 7,c7 ,detention and release decisions ,the decision to detain or release an alien minor described in subparagraph 7,a7-- 7i7 shall be governed solely by sections #bab7;d77#e71 #bag1 #bce1 #bcf1 and #bda of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e71 #aahg1 #abbe1 #abbf1 and #abca7 and implementing regulations or policies2 and 7ii7 shall not be governed by standards1 requirements1 restrictions1 or procedures contained in a judicial decree or settlement relating to the authority to detain or release alien minors4 7#b7 ,conditions of detention 7,a7 ,in general ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement1 the ,secretary of ,homeland ,security shall determine1 in the sole discretion of the ,secretary1 the conditions of detention applicable to an alien minor described in paragraph 7#a77;,a7 regardless of whether the alien minor was previously an unaccompanied alien child4 7,b7 ,no judicial review ,a determination under subparagraph 7,a7 shall not be subject to judicial review4 7#c7 ,rule of construction ,nothing in this section-- 7,a7 affects the eligibility for bond or parole of an alien2 or 7,b7 limits the authority of a court to hear a claim arising under the ,constitution of the ,united ,states4 7#d7 ,preemption of ,state licensing requirements ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement1 a ,state may not require an immigration detention facility used to detain families consisting of one or more children who have not attained #ah years of age and the parents or legal guardians of such children1 that is located in the ,state1 to be licensed by the ,state or any political subdivision thereof4 7#e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this subsection4 7k7 ,applicability of consent decrees1 settlements1 and judicial determinations 7#a7 ,flores settlement agreement inapplicable ,conduct and activity that was1 before the date of the enactment of this subsection1 subject to a restriction or an obligation imposed by the stipulated settlement agreement filed on ,january #ag1 #aiig1 in the ,united ,states ,district ,court for the ,central ,district of ,california in ,flores v4 ,reno 7,,cv #he-dedd-,,rjk7 7commonly known as the ,flores settlement agreement71 including any modification of and any judicial determination based on such agreement-- 7,a7 shall not be subject to such restriction or obligation2 and 7,b7 shall be subject to the restrictions and obligations under this ,act4 7#b7 ,other settlement agreements or consent decrees ,any settlement agreement or consent decree relating to the conditions of detention of an alien child shall be consistent with subsection 7j74 4 7b7 ,safe and prompt return 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 repatriating 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 ,states shall be treated in accordance with subparagraph 7,b7 and inserting shall be treated in accordance with this paragraph or subsection 7b71 as applicable2 7,c7 in subparagraph 7,b7-- 7i7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 and moving the subclauses two ems to the right2 7ii7 in the matter preceding subclause 7,i71 as so redesignated1 by striking ,an immigration officer and inserting the following3 7i7 ,in general ,an immigration officer 2 and 7iii7 by adding at the end the following3 7ii7 ,children unable to make decisions with respect to withdrawal of applications for admission ,if at the time of initial apprehension1 an immigration officer determines1 in the sole and unreviewable discretion of the immigration officer1 that an unaccompanied alien child is not able to make an independent decision with respect to the withdrawal of his or her application for admission to the ,united ,states1 the immigration officer shall refer the unaccompanied alien child for removal proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a74 7iii7 ,children able to make decisions with respect to withdrawal of applications for admission 7,i7 ,in general ,except as described in subclause 7,,iii77aa71 notwithstanding any other provision of law that requires removal proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a71 including subparagraph 7,d7 and section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe71 in the case of an unaccompanied alien child who is able to make an independent decision with respect to the withdrawal of his or her application for admission to the ,united ,states1 as determined by an immigration officer at the time of initial apprehension1 and does not wish to withdraw such application1 the immigration officer shall-- 7aa7 make a record of any finding of inadmissibility or deportability1 which shall be the basis of a repatriation order2 and 7bb7 refer the unaccompanied alien child for an interview under subclause 7,,ii7 to determine whether it is more likely than not that the unaccompanied alien child-- 7,,aa7 will be subjected to trafficking on return to his or her country of nationality or last habitual residence2 and 7,,bb7 would be granted asylum under section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh71 withholding of removal under section #bda7;b77#c7 of that ,act 7#h ,u4,s4,c4 #abca7;b77#c771 or protection under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york1 ,december #aj1 #aihd 7referred to in this clause as the ,convention ,against ,torture74 7,,ii7 ,interview 7aa7 ,in general ,an interview under subclause 7,i77bb7 shall be conducted by an immigration officer with specialized training relating to-- 7,,aa7 applicable law2 7,,bb7 interviewing children2 and 7,,cc7 child trafficking4 7,,iii7 ,determinations based on interview 7aa7 ,removal proceedings ,an unaccompanied alien child described in subclause 7,i7 shall be referred for removal proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7 if1 based on an interview under item 7bb7 of that subclause1 the immigration officer makes a determination that it is more likely than not that the unaccompanied alien child will be trafficked on return to his or her country of nationality or last habitual residence4 7bb7 ,asylum only determinations 7,,aa7 ,in general ,if1 based on an interview under subclause 7,i77bb71 the immigration officer makes a determination that it is more likely than not that the claim of an unaccompanied alien child for asylum under section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh71 withholding of removal under section #bda7;b77#c7 of that ,act 7#h ,u4,s4,c4 #abca7;b77#c771 or protection under the ,convention ,against ,torture will be granted1 the unaccompanied alien child shall be referred to an immigration judge solely for a determination with respect to whether the unaccompanied alien child is eligible for asylum under section #bjh of that ,act 7#h ,u4,s4,c4 #aaeh71 withholding of removal under section #bda7;b77#c7 of that ,act 7#h ,u4,s4,c4 #abca7;b77#c771 or protection under the ,convention ,against ,torture and1 if otherwise eligible for asylum1 whether asylum shall be granted in the exercise of discretion4 7,,bb7 ,repatriation ,an unaccompanied alien child referred to an immigration judge under subitem 7,,aa7 shall be returned to his or her country of nationality or last habitual residence if the immigration judge finds that the unaccompanied alien child is not entitled to asylum1 withholding of removal1 or protection under the ,convention ,against ,torture4 7,,iv7 ,discretion of immigration officer2 no judicial review ,a decision of an immigration officer under this clause1 and the issuance of a repatriation order1 shall be in the sole1 unreviewable discretion of the immigration officer4 7iv7 ,detention during proceedings 7,i7 ,in general ,except as provided in subclause 7,,ii71 notwithstanding any other provision of law1 settlement agreement1 or consent decree1 an unaccompanied alien child shall not be released from the custody of the ,secretary of ,homeland ,security or the ,director of the ,office of ,refugee ,resettlement during the pendency of the immigration or removal proceedings of the unaccompanied alien child4 7,,ii7 ,exception ,an unaccompanied alien child may be released in the sole1 unreviewable discretion of the ,director of the ,office of ,refugee ,resettlement4 2 and 7,d7 in subparagraph 7,c7-- 7i7 by amending the subparagraph heading to read as follows3 ,agreements with foreign countries4--2 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 the ,secretary considers appropriate2 7#b7 by striking paragraph 7#c72 7#c7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively2 and 7#d7 in paragraph 7#d77;,d71 as so redesignated1 by striking from a contiguous country4 7c7 ,protecting integrity of special immigrant juvenile visa program ,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 and all that follows through ,state law2 and 7#b7 in clause 7iii7-- 7,a7 in subclause 7,i71 by striking and at the end2 and 7,b7 by adding at the end the following3 7,,iii7 an alien may not be granted special immigrant juvenile status under this subparagraph if the reunification of the alien with any parent or legal guardian of the alien is not precluded by abuse1 neglect1 abandonment1 or any similar cause under ,state law2 and 7,,iv7 7aa7 in assessing whether an alien is entitled to special immigrant juvenile status under this subparagraph1 the ,secretary of ,homeland ,security shall determine whether an order of dependency issued for purposes of clause 7i7 was issued by an appropriate court with appropriate jurisdiction2 and 7bb7 notwithstanding any other provision of law1 no court shall have jurisdiction to review a determination made by the ,secretary of ,homeland ,security under this subclause2 4 #c4 ,ending abuse of asylum system 7a7 ,standards ,to deter fraud and advance meritorious asylum claims ,section #bce7;b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77 is amended-- 7#a7 by amending clause 7v7 to read as follows3 7v7 ,credible fear of persecution 7,i7 ,in general ,for purposes of this subparagraph1 the term credible fear of persecution means that it is more likely than not that the alien would be able to establish eligibility for asylum under section #bjh-- 7aa7 taking into account such facts as are known to the officer2 and 7bb7 only if the officer has determined1 under subsection 7b77#a77;,b77iii7 of such section1 that it is more likely than not that the statements made by the alien or on behalf of the alien are true4 7,,ii7 ,bars to asylum ,an alien shall not be determined to have a credible fear of persecution if the alien is prohibited from applying for or receiving asylum1 including an alien subject to a limitation or condition under subsection 7a77#b7 or 7b77#b7 7including a regulation promulgated under such subsection7 of section #bjh4 2 and 7#b7 by adding at the end the following3 7vi7 ,eligibility for relief 7,i7 ,credible fear review by immigration judge ,an alien determined to have a credible fear of persecution shall be referred to an immigration judge for review of such determination1 which shall be limited to a determination whether the alien-- 7aa7 is eligible for asylum under section #bjh1 withholding of removal under section #bda7;b77#c71 or protection under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york1 ,december #aj1 #aihd 7referred to in this clause as the ,convention ,against ,torture72 and 7bb7 merits a grant of asylum in the exercise of discretion4 7,,ii7 ,aliens with reasonable fear of persecution 7aa7 ,in general ,except as provided in item 7bb71 if an alien referred under subparagraph 7,a77ii7 is determined to have a reasonable fear of persecution1 the alien shall be eligible only for consideration of an application for withholding of removal under section #bda7;b77#c7 or protection under the ,convention ,against ,torture4 7bb7 ,exception ,an alien shall not be eligible for consideration of an application for relief under item 7aa7 if the failure of the alien to establish a credible fear of persecution precludes the alien from eligibility for such relief4 7cc7 ,limitation ,an alien whose application for relief is adjudicated under item 7aa7 shall not be eligible for any other form of relief or protection from removal4 7vii7 ,ineligibility for removal proceedings ,an alien referred under subparagraph 7,a77ii7 shall not be eligible for a hearing under section #bdj4 4 7b7 ,applications for asylum ,section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,an alien who has entered the ,united ,states through a designated port of entry may apply for asylum under this section or section #bce7;b71 as applicable4 2 and 7,b7 in paragraph 7#b77;,e71 by striking ,subparagraphs 7,a7 and 7,b7 and inserting ,subparagraph 7,a72 and 7#b7 in subsection 7b77#c71 by striking subparagraph 7,c74 7c7 ,authority for certain aliens ,to apply for asylum ,section #bjh7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77 is amended by adding at the end the following3 7,f7 ,ineligibility for asylum 7i7 ,in general ,notwithstanding any other provision of law1 including paragraph 7#a71 except as provided in clause 7ii71 an alien is ineligible for asylum if the alien-- 7,i7 has been convicted of a felony2 7,,ii7 is inadmissible under section #bab7;a7 7except paragraphs 7#d71 7#e71 and 7#g772 7,,iii7 has been previously removed from the ,united ,states2 or 7,,iv7 is a national or habitual resident of-- 7aa7 a country that has a refugee application and processing center2 or 7bb7 a country contiguous to such a country4 7ii7 ,exception ,notwithstanding clause 7i71 paragraph 7#a7 applies to any alien who is present in the ,united ,states on the date of the enactment of this subparagraph4 4 #d4 ,establishment of refugee application and processing centers 7#a7 ,definition ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ec7 ,the term refugee application and processing center-- 7,a7 means a facility designated under section #bjg7;g7 by the ,secretary of ,state to accept and process applications for refugee admissions to the ,united ,states2 and 7,b7 may include a ,united ,states embassy1 consulate1 or other diplomatic facility4 4 7#b7 ,designation ,section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 is amended by adding at the end the following3 7g7 ,refugee application and processing centers 7#a7 ,designation ,not later than #bdj days after the date of the enactment of this subsection1 the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security1 shall designate refugee application and processing centers outside the ,united ,states4 7#b7 ,locations ,the ,secretary of ,state shall establish-- 7,a7 #a refugee application and processing center in ,mexico2 and 7,b7 not fewer than #c refugee application and processing centers in ,central ,america at locations selected by the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security4 7#c7 ,duties of ,secretary of ,state ,the ,secretary of ,state1 in coordination with the ,secretary of ,homeland ,security1 shall ensure that any alien who is a national or habitual resident of a country in which a refugee application and processing center is located1 or a country contiguous to such a country1 may apply for refugee status at a refugee application and processing center4 7#d7 ,adjudication by refugee officers ,an application for refugee status submitted to a refugee application and processing center shall be adjudicated by a refugee officer4 7#e7 ,priority ,the ,secretary of ,state shall ensure that refugee application and processing centers accord priority to applications submitted-- 7,a7 by aliens who have been referred by an authorized nongovernmental organization1 as determined by the ,secretary of ,state2 7,b7 not later than #ij days after the date on which such referral is made2 and 7,c7 in accordance with the requirements and procedures established by the ,secretary of ,state under this subsection4 7#f7 ,number of referrals and grants of admission for refugees ,the admission to the ,united ,states of refugees under this subsection shall be subject to the limitations1 including the numerical limitations1 under this section4 7#g7 ,application fees 7,a7 ,in general ,the ,secretary of ,state and the ,secretary of ,homeland ,security shall charge1 collect1 and account for fees prescribed by each such ,secretary pursuant to section #igja of title #ca1 ,united ,states ,code1 for the purpose of receiving1 docketing1 processing1 and adjudicating an application under this subsection4 7,b7 ,basis for fees ,the fees prescribed under subparagraph 7,a7 shall be based on a consideration of the amount necessary to deter frivolous applications and the cost for processing the application1 including the implementation of program integrity and anti-fraud measures4 4 #e4 ,regulations ,notwithstanding section #eec7;b7 of title #e1 ,united ,states ,code1 not later than #baj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security and the ,attorney ,general shall1 jointly or separately1 publish in the ,federal ,register interim final rules to implement the amendments made by section #c7;c7 and section #d4 #f4 ,hiring authority 7a7 ,immigration judges ,the ,attorney ,general shall increase-- 7#a7 the number of immigration judges by not fewer than an additional #ejj judges1 as compared to the number of immigration judges as of the date of the enactment of this ,act2 and 7#b7 the corresponding number of support staff1 as necessary4 7b7 ,immigration and ,customs ,enforcement attorneys ,the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall increase the number of attorneys and staff employed by ,u4,s4 ,immigration and ,customs ,enforcement by the number that is consistent with the workload staffing model to support the increase in immigration judges4