--- kind: "diff" citation: "H.R. 5230" bill: "113-hr-5230" heading: "Secure the Southwest Border Supplemental Appropriations Act, 2014" from: "ih" from_label: "Introduced in House" to: "eh" to_label: "Engrossed in House" sections_amended: 7 sections_added: 4 sections_removed: 2 url: "https://uscodex.org/bills/113/hr/5230/changes/eh" --- # H.R. 5230 — what changed H.R. 5230, Secure the Southwest Border Supplemental Appropriations Act, 2014 — 7 sections amended, 4 added, and 2 removed between Introduced in House and Engrossed in House. Edits are marked `struck` and `inserted`. ## Sec. 105 (unnamed section) — added - Notwithstanding any other provision in this or any other Act, amounts transferred to the Department of Homeland Security pursuant to section 202 of this Act shall be provided by the Secretary of Homeland Security under the heading “Federal Emergency Management Agency—State and Local Programs” to States along the Southwest Border of the United States as reimbursement for necessary costs of National Guard personnel activated under the operational control of the Governors of such States and deployed for the purpose of border security. ## Sec. 201 (unnamed section) - 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II of division C of Public Law 113–76 for “Operation and Maintenance, Defense-Wide”, $35,000,000 $70,000,000 is hereby rescinded to reflect excess cash balances in Department of Defense Working Capital Funds. ## Sec. 202 (unnamed section) — added - Notwithstanding any other provision in this Act, of the amounts made available by this Act for “National Guard Personnel, Army”, the Secretary of Defense shall transfer to the Department of Homeland Security such funds as may be necessary, not to exceed $35,000,000, to reimburse the States for the cost of any units or personnel of the National Guard, to perform operations and missions under State Active Duty status, deployed in support of a southern border mission. ## Sec. 401 (unnamed section) - (a) Repatriation and Reintegration— Of the funds appropriated in titles III and IV of division K of Public Law 113–76, and in prior Acts making appropriations for the Department of State, foreign operations, and related programs, for assistance for the countries in Central America, up to $40,000,000 shall be made available for such countries for repatriation and reintegration activities: Provided, That funds made available pursuant to this section may be obligated notwithstanding subsections (c) and (e) of section 7045 of division K of Public Law 113–76. - (b) Report— Prior to the initial obligation of funds made available pursuant to this section, but not later than 15 days after the date of enactment of this Act, and every 90 days thereafter until September 30, 2015, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report on the obligation of funds made available pursuant to this section by country and the steps taken by the government of each country to— - (1) improve border security; - (2) enforce laws and policies to stem the flow of illegal entries into the United States; - (3) enact laws and implement new policies to stem the flow of illegal entries into the United States, including increasing penalties for human smuggling; - (4) conduct public outreach campaigns to explain the dangers of the journey to the Southwest Border of the United States and to States, emphasize the lack of immigration benefits available; available, and emphasize that illegal aliens will be removed to their country; and - (5) cooperate with United States Federal agencies to facilitate and expedite the return, repatriation, and reintegration of illegal migrants arriving at the Southwest Border of the United States. - (c) Suspension of Assistance— The Secretary of State shall suspend assistance provided pursuant to this section to the government of a country if such government is not making significant progress on each item described in paragraphs (1) through (5) of subsection (b): Provided, That assistance may only be resumed if the Secretary reports to the appropriate congressional committees that subsequent to the suspension of assistance such government is making significant progress on each of the items enumerated in such subsection. - (d) Notification requirement— Funds made available pursuant to this section shall be subject to the regular notification procedures of the Committees on Appropriations of the House of Representatives and the Senate. ## (unnamed section) — removed - This division may be cited as the “Secure the Southwest Border Supplemental Appropriations Act, 2014”. ## (unnamed section) — added - This division may be cited as the “Secure the Southwest Border Supplemental Appropriations Act, 2014”. ## Sec. 101 Repatriation of unaccompanied alien children - Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended— - (1) in paragraph (2)— - (A) by amending the paragraph heading to read as follows: “Rules for unaccompanied alien children”;children.”; - (B) in subparagraph (A), in the matter preceding clause (i), by striking “who is a national or habitual resident of a country that is contiguous with the United States”; and(A)— - (i) in the matter preceding clause (i), by striking “who is a national or habitual resident of a country that is contiguous with the United States”; - (ii) in clause (i), by inserting “and” at the end; - (iii) in clause (ii), by striking “; and” and inserting a period; and - (iv) by striking clause (iii); - (C) in subparagraph (B)— - (i) in the matter preceding clause (i), by striking “(8 U.S.C. 1101 et seq.) may—” and inserting “(8 U.S.C. 1101 et seq.)—”; - (ii) in clause (i), by inserting before “permit such child to withdraw” the following: “may”; and - (iii) in clause (ii), by inserting before “return such child” the following: “shall”; and - (D) [was (3)(4)] in subparagraph (C)— - (i) by amending the subparagraph heading to read as follows: “Agreements with foreign countries.”; and - (ii) in the matter preceding clause (i), 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 appropriate”; and - (i) by amending the subparagraph heading to read as follows: “Agreements with foreign countries”; and - (ii) in the matter preceding clause (i), by striking “countries contiguous to the United States” and inserting “Canada, El Salvador, Guatemala, Honduras, Mexico, and any other foreign country that the Secretary determines appropriate”; and - (2) in paragraph (5)(D)— - (A) in the subparagraph heading, matter preceding clause (i), by striking “Placement in removal proceedings” and inserting “Expedited due process and screening “, except for an unaccompanied alien children”;child from a contiguous country subject to the exceptions under subsection (a)(2), ” and inserting “who does not meet the criteria listed in paragraph (2)(A)”; and - (B) in the matter preceding clause (i), by striking inserting before the semicolon at the end the following: “, except for which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph (4) and the unaccompanied alien child from a contiguous country subject to the exceptions under subsection (a)(2), shall be—” and inserting “who meets the criteria listed in paragraph (2)(A)—”;be detained until such hearing”. - (C) by striking clause (i) and inserting the following: - “(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);” - (D) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; - (E) by inserting after clause (i) the following: - “(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;” - (F) in clause (iii), as redesignated, by inserting “is” before “eligible”; and - (G) in clause (iv), as redesignated, by inserting “shall be” before “provided”. ## Sec. 102 Last in, first out - 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. - (a) Amendments to Immigration and Nationality Act— - (1) In general— Chapter 4 of the Immigration and Nationality Act is amended by inserting after section 235A the following: - “235B. Humane and expedited inspection and screening for unaccompanied alien children - “(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)). - “(b) Proceeding - “(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. - “(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). - “(c) Conduct of proceeding - “(1) Authority of immigration judge—The immigration judge conducting a proceeding under this section— - “(A) shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses; - “(B) may issue subpoenas for the attendance of witnesses and presentation of evidence; and - “(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. - “(2) Form of proceeding—A proceeding under this section may take place— - “(A) in person; - “(B) at a location agreed to by the parties, in the absence of the alien; - “(C) through video conference; or - “(D) through telephone conference. - “(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. - “(4) Rights of the alien—In a proceeding under this section— - “(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; - “(B) the alien shall be given a reasonable opportunity— - “(i) to examine the evidence against the alien; - “(ii) to present evidence on the alien’s own behalf; and - “(iii) to cross-examine witnesses presented by the Government; - “(C) the rights set forth in subparagraph (B) shall not entitle the alien— - “(i) to examine such national security information as the Government may proffer in opposition to the alien’s admission to the United States; or - “(ii) to an application by the alien for discretionary relief under this Act; and - “(D) a complete record shall be kept of all testimony and evidence produced at the proceeding. - “(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. - “(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. - “(d) Decision and burden of proof - “(1) Decision - “(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— - “(i) admissible to the United States; or - “(ii) eligible for any form of relief from removal under this Act. - “(B) Evidence—The determination of the immigration judge under subparagraph (A) shall be based only on the evidence produced at the hearing. - “(2) Burden of proof - “(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— - “(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 - “(ii) is lawfully present in the United States pursuant to a prior admission. - “(B) Access to documents—In meeting the burden of proof under subparagraph (A)(ii), the alien shall be given access to— - “(i) the alien’s visa or other entry document, if any; and - “(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. - “(e) Orders - “(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. - “(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— - “(A) an intention to apply for asylum under section 208; or - “(B) a fear of persecution. - “(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). - “(f) Asylum interviews - “(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)). - “(2) Conduct by asylum officer—An asylum officer shall conduct interviews of aliens referred under subsection (e)(3). - “(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. - “(4) Removal without further review if no credible fear of persecution - “(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. - “(B) Record of determination—The officer shall prepare a written record of a determination under subparagraph (A), which shall include— - “(i) a summary of the material facts as stated by the applicant; - “(ii) such additional facts (if any) relied upon by the officer; - “(iii) the officer's analysis of why, in light of such facts, the alien has not established a credible fear of persecution; and - “(iv) a copy of the officer’s interview notes. - “(C) Review of determination - “(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. - “(ii) Mandatory components—The review described in clause (i)— - “(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 - “(II) shall be conducted— - “(aa) as expeditiously as possible; - “(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 - “(cc) in no case later than 7 days after such determination. - “(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))— - “(A) pending a final determination of an asylum application under section 208; or - “(B) after a determination that the alien does not have a credible fear of persecution, until the alien is removed. - “(g) Limitation on administrative review - “(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. - “(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— - “(A) lawfully admitted for permanent residence; - “(B) admitted as a refugee under section 207; or - “(C) granted asylum under section 208. - “(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.” - (2) Clerical amendment— The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 235A the following: - (b) Judicial review of orders of removal— Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended— - (1) in subsection (a)— - (A) in paragraph (1), by inserting “, or an order of removal issued to an unaccompanied alien child after proceedings under section 235B” after “section 235(b)(1)”; and - (B) in paragraph (2)— - (i) by inserting “or section 235B” after “section 235(b)(1)” each place it appears; and - (ii) in subparagraph (A)— - (I) in the subparagraph heading, by inserting “or 235B” after “section 235(b)(1)”; and - (II) in clause (iii), by striking “section 235(b)(1)(B),” and inserting “section 235(b)(1)(B) or 235B(f);”; and - (2) in subsection (e)— - (A) in the subsection heading, by inserting “or 235B” after “section 235(b)(1)”; - (B) by inserting “or section 235B” after “section 235(b)(1)” in each place it appears; - (C) in subparagraph (2)(C), by inserting “or section 235B(g)” after “section 235(b)(1)(C)”; and - (D) in subparagraph (3)(A), by inserting “or section 235B” after “section 235(b)”. ## Sec. 103 Emergency immigration judge resources - 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). - (a) Filing authorized— Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, notwithstanding any other provision of law, shall, at an immigration court designated to conduct proceedings under section 235B of the Immigration and Nationality Act, permit an unaccompanied alien child who was issued a Notice to Appear under section 239 of the Immigration and Nationality Act (8 U.S.C. 1229) during the period beginning on January 1, 2013, and ending on the date of the enactment of this Act— - (1) to appear, in-person, before an immigration judge who has been authorized by the Attorney General to conduct proceedings under section 235B of the Immigration and Nationality Act, as added by section 102; - (2) to attest to their desire to apply for admission to the United States; and - (3) to file a motion— - (A) to replace any Notice to Appear issued between January 1, 2013, and the date of the enactment of this Act under section 239 of the Immigration and Nationality Act (8 U.S.C. 1229); and - (B) to apply for admission to the United States by being placed in proceedings under section 235B of the Immigration and Nationality Act. - (b) Motion granted— An immigration judge may, at the sole and unreviewable discretion of the judge, grant a motion filed under subsection (a)(3) upon a finding that— - (1) the petitioner was an unaccompanied alien child (as such term is defined in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279)) on the date on which a Notice to Appear described in subsection (a) was issued to the alien; - (2) the Notice to Appear was issued during the period beginning on January 1, 2013, and ending on the date of the enactment of this Act; - (3) the unaccompanied alien child is applying for admission to the United States; and - (4) the granting of such motion would not be manifestly unjust. - (c) Effect of motion— Notwithstanding any other provision of law, upon the granting of a motion to replace under subsection (b), the immigration judge who granted such motion shall— - (1) while the petitioner remains in-person, immediately inspect and screen the petitioner for admission to the United States by conducting a proceeding under section 235B of the Immigration and Nationality Act, as added by section 102; - (2) immediately notify the petitioner of the petitioner’s ability, under section 235B(c)(5) of the Immigration and Nationality Act to withdraw the petitioner’s application for admission to the United States and immediately be returned to the petitioner’s country of nationality or country of last habitual residence; and - (3) replace the petitioner’s notice to appear with an order under section 235B(e) of the Immigration and Nationality Act. - (d) Protective custody— An unaccompanied alien child who has been granted a motion under subsection (b) shall be held in the custody of the Secretary of Health and Human Services pursuant to section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232). ## Sec. 104 Protecting children from human traffickers, sex offenders, and other criminals - Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended— - (a) Designation— 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, that are dedicated to conducting humane and expedited inspection and screening for unaccompanied alien children under section 235B of the Immigration and Nationality Act, as added by section 102. 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). - (1) Requirement— The Attorney General shall ensure that sufficient immigration judge resources are dedicated to the purpose described in subsection (a) to comply with subparagraph (A), by inserting “, including a mandatory biometric criminal history check” before the requirement under section 235B(b)(1) of period at the Immigration and Nationality Act.end; and - (2) by adding at the end the following— - “(D) Prohibition on placement with sex offenders and human traffickers - “(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— - “(I) a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)); or - “(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)). - “(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— - “(I) the Federal Bureau of Investigation; and - “(II) criminal history repositories of all States that the individual lists as current or former residences.” ## Sec. 105 Inclusion of additional grounds for per se ineligibility for asylum - 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)”. - (1) in subparagraph (A), by inserting “, including a mandatory biometric criminal history check” before the period at the end; and - (2) by adding at the end the following— - “(D) Prohibition on placement with sex offenders and human traffickers - “(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— - “(I) a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)); or - “(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)). - “(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— - “(I) the Federal Bureau of Investigation; and - “(II) criminal history repositories of all States that the individual lists as current or former residences.” ## Sec. 106 Inclusion of additional grounds for per se ineligibility for asylum — removed - Section 208(b)(2)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(iii)) is 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)”. ## Sec. 303 Limitation on placement of unauthorized aliens at military installations — added - (a) Limitation— The Secretary of Defense may not allow the placement of unauthorized aliens at a military installation in the United States if the use of the military institution to house or care for unauthorized aliens would— - (1) displace members of the Armed Forces serving on active duty or in a reserve or Guard status; or - (2) interfere with activities of the Armed Forces, including reserve components thereof, at the installation. - (b) Definitions— In this section: - (1) The term “military installation” has the meaning given such term in section 2801(c)(4) of title 10, United States Code. - (2) The term “unauthorized alien” means an alien unlawfully present in the United States, but does not include a dependent of a member of the Armed Forces.