Division B — secure the southwest border act of 2014
B secure the southwest border act of 2014
I Protecting Children
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—
in paragraph (2)—
by amending the paragraph heading to read as follows: “Rules for unaccompanied alien children.”;
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”;
in clause (i), by inserting “and” at the end;
in clause (ii), by striking “; and” and inserting a period; and
by striking clause (iii);
in subparagraph (B)—
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.)—”;
in clause (i), by inserting before “permit such child to withdraw” the following: “may”; and
in clause (ii), by inserting before “return such child” the following: “shall”; and
in subparagraph (C)—
by amending the subparagraph heading to read as follows: “Agreements with foreign countries.”; and
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
in paragraph (5)(D)—
in the matter preceding clause (i), by striking “, except for an unaccompanied alien 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
in clause (i), by inserting before the semicolon at the end the following: “, 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 shall be detained until such hearing”.
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.
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).
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—
in subparagraph (A), by inserting “, including a mandatory biometric criminal history check” before the period at the end; and
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 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)”.
II Use of National Guard to Improve Border Security
Sec. 201 National Guard support for border operations
Deployment authority and funding— Amounts appropriated for the Department of Defense in this Act shall be expended for any units or personnel of the National Guard deployed to perform operations and missions under section 502(f) of title 32, United States Code, on the southern border of the United States.
Assignment of operations and missions—
In general— National Guard units and personnel deployed under subsection (a) may be assigned such operations as may be necessary to provide assistance for operations on the southern border, with priority given to high traffic areas experiencing the highest number of crossings by unaccompanied alien children.
Nature of duty— The duty of National Guard personnel performing operations and missions on the southern border shall be full-time duty under title 32, United States Code.
Materiel and logistical support— The Secretary of Defense shall deploy such materiel and equipment and logistical support as may be necessary to ensure success of the operations and missions conducted by the National Guard under this section.
Exclusion from national guard personnel strength limitations— National Guard personnel deployed under subsection (a) shall not be included in—
the calculation to determine compliance with limits on end strength for National Guard personnel; or
limits on the number of National Guard personnel that may be placed on active duty for operational support under section 115 of title 10, United States Code.
High traffic areas defined— In this section:
The term “high traffic areas” means sectors along the northern and southern borders of the United States that are within the responsibility of the Border Patrol that have the most illicit cross-border activity, informed through situational awareness.
The term “unaccompanied alien child” means a child who—
has no lawful immigration status in the United States;
has not attained 18 years of age; and
with respect to whom—
there is no parent or legal guardian in the United States; or
no parent or legal guardian in the United States is available to provide care and physical custody.
III National Security and Federal Lands Protection
Sec. 301 Prohibition on actions that impede border security on certain Federal land
Prohibition on secretaries of the interior and agriculture— The Secretary of the Interior or the Secretary of Agriculture shall not impede, prohibit, or restrict activities of U.S. Customs and Border Protection on Federal land located within 100 miles of the United States border with Mexico that is under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, to execute search and rescue operations, and to prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through such international land border of the United States. These authorities of U.S. Customs and Border Protection on such Federal land apply whether or not a state of emergency exists.
Authorized activities of U.S. customs and border protection— U.S. Customs and Border Protection shall have immediate access to Federal land within 100 miles of the United States border with Mexico that is under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for purposes of conducting the following activities on such land that prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through such international land border of the United States:
Construction and maintenance of roads.
Construction and maintenance of barriers.
Use of vehicles to patrol, apprehend, or rescue.
Installation, maintenance, and operation of communications and surveillance equipment and sensors.
Deployment of temporary tactical infrastructure.
Clarification relating to waiver authority—
In general— Notwithstanding any other provision of law (including any termination date relating to the waiver referred to in this subsection), the waiver by the Secretary of Homeland Security on April 1, 2008, under section 102(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 104–208) of the laws described in paragraph (2) with respect to certain sections of the international border between the United States and Mexico shall be considered to apply to all Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of such international land border of the United States for the activities of U.S. Customs and Border Protection described in subsection (b).
Description of laws waived— The laws referred to in paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Historic Preservation Act (16 U.S.C. 470 et seq.), Public Law 86–523 (16 U.S.C. 469 et seq.), the Act of June 8, 1906 (commonly known as the “Antiquities Act of 1906”; 16 U.S.C. 431 et seq.), the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”), the National Park Service Organic Act (16 U.S.C. 1 et seq.), the General Authorities Act of 1970 (Public Law 91–383) (16 U.S.C. 1a–1 et seq.), sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 (Public Law 95–625, 92 Stat. 3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101–628).
Protection of legal uses— This section shall not be construed to provide—
authority to restrict legal uses, such as grazing, hunting, mining, or public-use recreational and backcountry airstrips on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture; or
any additional authority to restrict legal access to such land.
Effect on state and private land— This Act shall—
have no force or effect on State or private lands; and
not provide authority on or access to State or private lands.
Tribal sovereignty— Nothing in this section supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes.
Sec. 302 Sense of Congress on placement of unauthorized aliens at military installations
Sense of Congress— It is the sense of Congress that—
the Secretary of Defense should not allow the placement of unauthorized aliens at a military installation unless—
the Secretary submits written notice to the congressional defense committees and each Member of Congress representing any jurisdiction in which an affected military installation is situated; and
the Secretary publishes notice in the Federal Register;
the placement of unauthorized aliens at a military institution should not displace active members of the Armed Forces;
the placement of unauthorized aliens at a military institution should not interfere with any mission of the Department of Defense;
the Secretary of Health and Human Services should not use a military installation for the placement of unauthorized aliens unless all other facilities of the Department of Health and Human Services are unavailable;
the Secretary of Health and Human Services should not use a military installation for the placement of unauthorized aliens for more than 120 days;
the Secretary of Health and Human Services should ensure that all unauthorized alien children are vaccinated upon arrival at a military installation as set forth in the guidelines of the Office of Refugee Resettlement;
the Secretary of Health and Human Services should ensure that all individuals under the supervision of the Secretary with access to unauthorized alien children at a military installation are properly cleared according to the procedures set forth in the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.);
the Secretary of Health and Human Services should fully comply with the provisions of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) with respect to background checks and should retain full legal responsibility for such compliance; and
in accordance with section 1535 of title 31, United States Code (commonly referred to as the “Economy Act”), the Secretary of Health and Human Services should reimburse the Secretary of Defense for all expenses incurred by the Secretary of Defense in carrying out the placement of unauthorized aliens at a military installation.
Definitions— In this section:
The term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.
The term “Member of Congress” has the meaning given that term in section 1591(c)(1) of title 10, United States Code.
The term “military installation” has the meaning given that term in section 2801(c)(4) of title 10, United States Code, but does not include an installation located outside of the United States.
The term “placement” means the placement of an unauthorized alien in either a detention facility or an alternative to such a facility.
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.
Sec. 303 Limitation on placement of unauthorized aliens at military installations
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—
displace members of the Armed Forces serving on active duty or in a reserve or Guard status; or
interfere with activities of the Armed Forces, including reserve components thereof, at the installation.
Definitions— In this section:
The term “military installation” has the meaning given such term in section 2801(c)(4) of title 10, United States Code.
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.