H.R. 5230 — what changed

changed Of the unobligated balances of amounts appropriated in title II of division C of Public Law 113–76 for “Operation and Maintenance, Defense-Wide”, $35,000,000 $70,000,000 is hereby rescinded to reflect excess cash balances in Department of Defense Working Capital Funds.

Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended—

removed “(i) shall be placed in a proceeding in accordance with section 235B of the Immigration and Nationality Act, which shall commence not later than 7 days after the screening of an unaccompanied alien child described in paragraph (4);”

removed “(ii) may not be placed in the immediate custody of a nongovernmental sponsor or otherwise released from the custody of the United States Government until the child is repatriated unless the child is the subject of an order under section 235B(e)(1) of the Immigration and Nationality Act;”

added In any removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) with respect to an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))), priority shall be accorded to the alien who has most recently arrived in the United States.

removed “235B. Humane and expedited inspection and screening for unaccompanied alien children

removed “(a) Defined term—In this section, the term asylum officer had the meaning given such term in section 235(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(E)).

removed “(b) Proceeding

removed “(1) In general—Not later than 7 days after the screening of an unaccompanied alien child under section 235(a)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)), an immigration judge shall conduct a proceeding to inspect, screen, and determine the status of an unaccompanied alien child who is an applicant for admission to the United States.

removed “(2) Time limit—Not later than 72 hours after the conclusion of a proceeding with respect to an unaccompanied alien child under this section, the immigration judge who conducted such proceeding shall issue an order pursuant to subsection (e).

removed “(c) Conduct of proceeding

removed “(1) Authority of immigration judge—The immigration judge conducting a proceeding under this section—

removed “(A) shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses;

removed “(B) may issue subpoenas for the attendance of witnesses and presentation of evidence; and

removed “(C) is authorized to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this Act.

removed “(2) Form of proceeding—A proceeding under this section may take place—

removed “(A) in person;

removed “(B) at a location agreed to by the parties, in the absence of the alien;

removed “(C) through video conference; or

removed “(D) through telephone conference.

removed “(3) Presence of alien—If it is impracticable by reason of an alien's mental incompetency for the alien to be present at the proceeding, the Attorney General shall prescribe safeguards to protect the rights and privileges of the alien.

removed “(4) Rights of the alien—In a proceeding under this section—

removed “(A) the alien shall be given the privilege of being represented, at no expense to the Government, by counsel of the alien’s choosing who is authorized to practice in such proceedings;

removed “(B) the alien shall be given a reasonable opportunity—

removed “(i) to examine the evidence against the alien;

removed “(ii) to present evidence on the alien’s own behalf; and

removed “(iii) to cross-examine witnesses presented by the Government;

removed “(C) the rights set forth in subparagraph (B) shall not entitle the alien—

removed “(i) to examine such national security information as the Government may proffer in opposition to the alien’s admission to the United States; or

removed “(ii) to an application by the alien for discretionary relief under this Act; and

removed “(D) a complete record shall be kept of all testimony and evidence produced at the proceeding.

removed “(5) Withdrawal of application for admission—In the discretion of the Attorney General, an alien applying for admission to the United States may, and at any time, be permitted to withdraw such application and immediately be returned to the alien’s country of nationality or country of last habitual residence.

removed “(6) Consequences of failure to appear—Any alien who fails to appear at a proceeding required under this section, shall be ordered removed in absentia if the Government establishes by a preponderance of the evidence that the alien was at fault for their absence from the proceedings.

removed “(d) Decision and burden of proof

removed “(1) Decision

removed “(A) In general—At the conclusion of a proceeding under this section, the immigration judge shall determine whether an unaccompanied alien child is likely to be—

removed “(i) admissible to the United States; or

removed “(ii) eligible for any form of relief from removal under this Act.

removed “(B) Evidence—The determination of the immigration judge under subparagraph (A) shall be based only on the evidence produced at the hearing.

removed “(2) Burden of proof

removed “(A) In general—In a proceeding under this section, an alien who is an applicant for admission has the burden of establishing, by a preponderance of the evidence, that the alien—

removed “(i) is likely to be entitled to be lawfully admitted to the United States or eligible for any form of relief from removal under this Act; or

removed “(ii) is lawfully present in the United States pursuant to a prior admission.

removed “(B) Access to documents—In meeting the burden of proof under subparagraph (A)(ii), the alien shall be given access to—

removed “(i) the alien’s visa or other entry document, if any; and

removed “(ii) any other records and documents, not considered by the Attorney General to be confidential, pertaining to the alien’s admission or presence in the United States.

removed “(e) Orders

removed “(1) Placement in further proceedings—If an immigration judge determines that the unaccompanied alien child has met the burden of proof under subsection (d)(2), the judge shall order the alien to be placed in further proceedings in accordance with section 240.

removed “(2) Orders of removal—If an immigration judge determines that the unaccompanied alien child has not met the burden of proof required under subsection (d)(2), the judge shall order the alien removed from the United States without further hearing or review unless the alien claims—

removed “(A) an intention to apply for asylum under section 208; or

removed “(B) a fear of persecution.

removed “(3) Claims for asylum—If an unaccompanied alien child described in paragraph (2) claims an intention to apply for asylum under section 208 or a fear of persecution, the judge shall order the alien referred for an interview by an asylum officer under subsection (f).

removed “(f) Asylum interviews

removed “(1) Defined term—In this subsection, the term credible fear of persecution has the meaning given such term in section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)).

removed “(2) Conduct by asylum officer—An asylum officer shall conduct interviews of aliens referred under subsection (e)(3).

removed “(3) Referral of certain aliens—If the officer determines at the time of the interview that an alien has a credible fear of persecution, the alien shall be held in the custody of the Secretary of Health and Human Services pursuant to section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) during further consideration of the application for asylum.

removed “(4) Removal without further review if no credible fear of persecution

removed “(A) In general—Subject to subparagraph (C), if the asylum officer determines that an alien does not have a credible fear of persecution the officer shall order the alien removed from the United States without further hearing or review.

removed “(B) Record of determination—The officer shall prepare a written record of a determination under subparagraph (A), which shall include—

removed “(i) a summary of the material facts as stated by the applicant;

removed “(ii) such additional facts (if any) relied upon by the officer;

removed “(iii) the officer's analysis of why, in light of such facts, the alien has not established a credible fear of persecution; and

removed “(iv) a copy of the officer’s interview notes.

removed “(C) Review of determination

removed “(i) Rulemaking—The Attorney General shall establish, by regulation, a process by which an immigration judge will conduct a prompt review, upon the alien’s request, of a determination under subparagraph (A) that the alien does not have a credible fear of persecution.

removed “(ii) Mandatory components—The review described in clause (i)—

removed “(I) shall include an opportunity for the alien to be heard and questioned by the immigration judge, either in person or by telephonic or video connection; and

removed “(II) shall be conducted—

removed “(aa) as expeditiously as possible;

removed “(bb) within the 24-hour period beginning at the time the asylum officer makes a determination under subparagraph (A), to the maximum extent practicable; and

removed “(cc) in no case later than 7 days after such determination.

removed “(5) Mandatory protective custody—Any alien subject to the procedures under this subsection shall be held in the custody of the Secretary of Health and Human Services pursuant to section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b))—

removed “(A) pending a final determination of an asylum application under section 208; or

removed “(B) after a determination that the alien does not have a credible fear of persecution, until the alien is removed.

removed “(g) Limitation on administrative review

removed “(1) In general—Except as provided in subsection (f)(4)(C) and paragraph (2), a removal order entered in accordance with subsection (e)(2) or (f)(4)(A) is not subject to administrative appeal.

removed “(2) Rulemaking—The Attorney General shall establish, by regulation, a process for the prompt review of an order under subsection (e)(2) against an alien who claims under oath, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, after having been warned of the penal ties for falsely making such claim under such conditions to have been—

removed “(A) lawfully admitted for permanent residence;

removed “(B) admitted as a refugee under section 207; or

removed “(C) granted asylum under section 208.

removed “(h) Last In, First Out—In any proceedings, determinations, or removals under this section, priority shall be accorded to the alien who has most recently arrived in the United States.”

added Not later than 14 days after the date of the enactment of this Act, the Attorney General shall designate up to 40 immigration judges, including through the hiring of retired immigration judges, administrative law judges, or magistrate judges, or the reassignment of current immigration judges. Such designations shall remain in effect solely for the duration of the humanitarian crisis at the southern border (as determined by the Secretary of Homeland Security, in consultation with the Attorney General).

added Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended—

added “(D) Prohibition on placement with sex offenders and human traffickers

added “(i) In general—The Secretary of Health and Human Services may not place an unaccompanied alien child in the custody of an individual who has been convicted of—

added “(I) a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)); or

added “(II) a crime involving a severe form of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)).

added “(ii) Requirements of criminal background check—A biometric criminal history check under subparagraph (A) shall be based on a set of fingerprints or other biometric identifiers and conducted through—

added “(I) the Federal Bureau of Investigation; and

added “(II) criminal history repositories of all States that the individual lists as current or former residences.”

changed Section 235(c)(3) 208(b)(2)(A)(iii) of the William Wilberforce Trafficking Victims Protection Reauthorization Immigration and Nationality Act of 2008 (8 U.S.C. 1232(c)(3)) 1158(b)(2)(A)(iii)) is amended—amended by inserting after “a serious nonpolitical crime” the following: “(including any drug-related offense punishable by a term of imprisonment greater than 1 year)”.

removed “(D) Prohibition on placement with sex offenders and human traffickers

removed “(i) In general—The Secretary of Health and Human Services may not place an unaccompanied alien child in the custody of an individual who has been convicted of—

removed “(I) a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)); or

removed “(II) a crime involving a severe form of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)).

removed “(ii) Requirements of criminal background check—A biometric criminal history check under subparagraph (A) shall be based on a set of fingerprints or other biometric identifiers and conducted through—

removed “(I) the Federal Bureau of Investigation; and

removed “(II) criminal history repositories of all States that the individual lists as current or former residences.”