US Codex
Bill
Notes

Division B — Unaccompanied alien children and border security

S. 2773 · 113th Congress · Jul 31, 2014 · Lineage

B Unaccompanied alien children and border security

X Unaccompanied alien children

A Protection and due process for unaccompanied alien children

1001. 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.—”;
(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
(C)
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 “countries contiguous to the United States” and inserting “Canada, El Salvador, Guatemala, Honduras, Mexico, and any other foreign country that the Secretary determines appropriate”;
(2)
by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively;
(3)
inserting after paragraph (2) the following:

“(3) Mandatory expedited removal of criminals and gang members—Notwithstanding any other provision of law, the Secretary of Homeland Security shall place an unaccompanied alien child in a proceeding in accordance with section 235 of the Immigration and Nationality Act (8 U.S.C. 1225a) if, the Secretary determines or has reason to believe the alien—

“(A) has been convicted of any offense carrying a maximum term of imprisonment of more than 180 days;

“(B) has been convicted of an offense which involved—

“(i) domestic violence (as defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));

“(ii) child abuse and neglect (as defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));

“(iii) assault resulting in bodily injury (as defined in section 2266 of title 18, United States Code);

“(iv) the violation of a protection order (as defined in section 2266 of title 18, United States Code);

“(v) driving while intoxicated (as defined in section 164 of title 23, United States Code); or

“(vi) any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));

“(C) has been convicted of more than 1 criminal offense (other than minor traffic offenses);

“(D) has engaged in, is engaged in, or is likely to engage after entry in any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii)), or intends to participate or has participated in the activities of a foreign terrorist organization (as designated under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189));

“(E) is or was a member of a criminal gang (as defined in paragraph (53) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a));

“(F) provided materially false, fictitious, or fraudulent information regarding age or identity to the United States Government with the intent to wrongfully be classified as an unaccompanied alien child; or

“(G) has entered the United States more than 1 time in violation of section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)), knowing that the entry was unlawful.”

(4)
in subparagraph (D) of paragraph (6), as redesignated by paragraph (2)—
(A)
by amending the subparagraph heading to read as follows: “Expedited due process and screening for unaccompanied alien children.—”;
(B)
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), shall be—” and inserting “who meets the criteria listed in paragraph (2)(A)—”;
(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 custody of a nongovernmental sponsor or otherwise released from the immediate custody of the United States Government until the child is repatriated unless the child—

“(I) is the subject of an order under section 235B(e)(1) of the Immigration and Nationality Act; and

“(II) is placed or released in accordance with subsection (c)(2)(C) of this section.”

(F)
in clause (iii), as redesignated, by inserting “is” before “eligible”; and
(G)
in clause (iv), as redesignated, by inserting “shall be” before “provided”.

1002. Expedited due process and screening for unaccompanied alien children

(a)
Humane and expedited inspection and screening for unaccompanied alien children—
(1)
In general— Chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) is amended by inserting after section 235A the following:

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

“(a) Asylum officer defined—In this section, the term asylum officer means an immigration officer who—

“(1) has had professional training in country conditions, asylum law, and interview techniques comparable to that provided to full-time adjudicators of applications under section 208; and

“(2) is supervised by an officer who—

“(A) meets the condition described in paragraph (1); and

“(B) has had substantial experience adjudicating asylum applications.

“(b) Proceeding

“(1) In general—Not later than 7 days after the screening of an unaccompanied alien child under section 235(a)(5) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(5)), an immigration judge shall conduct and conclude a proceeding to inspect, screen, and determine the status of the 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 unaccompanied alien child and any witnesses;

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

“(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; and

“(D) shall determine whether the unaccompanied alien child meets any of the criteria set out in subparagraphs (A) through (G) of paragraph (3) of section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)), and if so, order the alien removed under subsection (e)(2) of this section.

“(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 unaccompanied alien child;

“(C) through video conference; or

“(D) through telephone conference.

“(3) Presence of alien—If it is impracticable by reason of the mental incompetency of the unaccompanied alien child 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 unaccompanied alien child 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 the 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—An unaccompanied alien child applying for admission to the United States may, and at any time prior to the issuance of a final order of removal, be permitted to withdraw the application and immediately be returned to the alien’s country of nationality or country of last habitual residence.

“(6) Consequences of failure to appear—An unaccompanied alien child who does not attend a proceeding under this section, shall be ordered removed, except under exceptional circumstances where the alien’s absence is the fault of the Government, a medical emergency, or an act of nature.

“(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 unaccompanied alien child 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 immigration judge shall—

“(A) order the alien to be placed in further proceedings in accordance with section 240; and

“(B) order the Secretary of Homeland Security to place the alien on the U.S. Immigration and Customs Enforcement detained docket for purposes of carrying out such proceedings.

“(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 immigration judge shall order the alien referred for an interview by an asylum officer under subsection (f).

“(f) Asylum interviews

“(1) Credible fear of persecution defined—In this subsection, the term credible fear of persecution means, after taking into account the credibility of the statements made by an unaccompanied alien child in support of the alien’s claim and such other facts as are known to the asylum officer, there is a significant possibility that the alien could establish eligibility for asylum under section 208.

“(2) Conduct by asylum officer—An asylum officer shall conduct the interviews of an unaccompanied alien child referred under subsection (e)(3).

“(3) Referral of certain aliens—If the asylum officer determines at the time of the interview that an unaccompanied alien child has a credible fear of persecution, the alien shall be held in the custody of the Secretary for 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 unaccompanied alien child does not have a credible fear of persecution, the asylum officer shall order the alien removed from the United States without further hearing or review.

“(B) Record of determination—The asylum 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 alien;

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

“(iii) the asylum 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 asylum 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 concluded as expeditiously as possible, to the maximum extent practicable within 24 hours, but in no case later than 7 days after the date of the determination under subparagraph (A).

“(D) Mandatory protective custody—Any alien subject to the procedures under this paragraph 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))—

“(i) pending a final determination of an application for asylum under this subsection; and

“(ii) after a determination under this subsection 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 in the first section of the Immigration and Nationality Act 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 striking “section 235(b)(1))” and inserting “section 235(b)(1) or an order of removal issued to an unaccompanied alien child after proceedings under section 235B”; 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)” 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)”.

1003. Expedited due process for unaccompanied alien children present in the United States

(a)
Special motions for unaccompanied alien children—
(1)
Filing authorized— During the 60-day period beginning on the date of the enactment of this Act, the Secretary of Homeland Security shall, notwithstanding any other provision of law, 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—
(A)
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 1002;
(B)
to attest that the unaccompanied alien child desires to apply for admission to the United States; and
(C)
to file a motion—
(i)
to replace any notice to appear issued between January 1, 2013, and the date of the enactment of this Act under such section 239 that has not resulted in a final order of removal; and
(ii)
to apply for admission to the United States by being placed in proceedings under such section 235B.
(2)
Adjudication of motion— An immigration judge may, at the sole and unreviewable discretion of the judge, grant a motion filed under paragraph (1)(C) upon a finding that—
(A)
the petitioner was an unaccompanied alien child (as defined in section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232)) on the date on which a notice to appear was issued to the alien under section 239 of the Immigration and Nationality Act (8 U.S.C. 1229);
(B)
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;
(C)
the unaccompanied alien child is applying for admission to the United States; and
(D)
the granting of such motion would not be manifestly unjust.
(3)
Effect of motion— Notwithstanding any other provision of law, upon the granting of a motion to replace a notice to appear under paragraph (2), the immigration judge who granted such motion shall—
(A)
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 1002;
(B)
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
(C)
replace the petitioner’s notice to appear with an order under section 235B(e) of the Immigration and Nationality Act.
(4)
Protective custody— An unaccompanied alien child who has been granted a motion under paragraph (2) 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).

1004. Child welfare and law enforcement information sharing

Section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) is amended by adding at the end the following:

“(5) Information sharing

“(A) Immigration status—If the Secretary of Health and Human Services considers placement of an unaccompanied alien child with a potential sponsor, the Secretary of Homeland Security shall provide to the Secretary of Health and Human Services the immigration status of such potential sponsor prior to the placement of the unaccompanied alien child.

“(B) Other information—The Secretary of Health and Human Services shall provide to the Secretary of Homeland Security and the Attorney General any relevant information related to an unaccompanied alien child who is or has been in the custody of the Secretary of Health and Human Services, including the location of the child and any person to whom custody of the child has been transferred, for any legitimate law enforcement objective, including enforcement of the immigration laws.”

1005. Accountability for children and taxpayers

Section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)), as amended by section 1004, is further amended by inserting at the end the following:

“(6) Inspection of facilities—The Inspector General of the Department of Health and Human Services shall conduct regular inspections of facilities utilized by the Secretary of Health and Human Services to provide care and custody of an unaccompanied alien children who are in the immediate custody of the Secretary to ensure that such facilities are operated in the most efficient manner practicable.

“(7) Facility operations costs—The Secretary of Health and Human Services shall ensure that facilities utilized to provide care and custody of unaccompanied alien children are operated efficiently and at a rate of cost that is not greater than $500 per day for each child housed or detained at such facility, unless the Secretary certifies that compliance with this requirement is temporarily impossible due to emergency circumstances.”

1006. Custody of unaccompanied alien children in formal removal proceeding

Section 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amended—
(1)
in paragraph (2) by inserting at the end the following:

“(C) Children in formal removal proceedings

“(i) Limitation on placement—An unaccompanied alien child who has been placed in a proceeding under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) may not be placed in the custody of a nongovernmental sponsor or otherwise released from the immediate custody of the United States Government unless—

“(I) the nongovernmental sponsor is a biological or adoptive parent of the unaccompanied alien child;

“(II) the parent is legally present in the United States at the time of the placement;

“(III) the parent has undergone a mandatory biometric criminal history check; and

“(IV) the Secretary of Health and Human Services has determined that the unaccompanied alien child is not a danger to self, danger to the community, or risk of flight.

“(ii) Exceptions—If the Secretary of Health and Human Services determines that an unaccompanied alien child is a victim of severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)), a special needs child with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)), a child who has been a victim of physical or sexual abuse under circumstances that indicate that the child’s health or welfare has been significantly harmed or threatened, or a child with mental health needs that require ongoing assistance from a social welfare agency, the unaccompanied alien child may be placed with a grandparent or adult sibling if the grandparent or adult sibling meets the requirements set out in subclauses (II), (III), and (IV) of clause (i).

“(iii) Monitoring

“(I) In general—An unaccompanied alien child who is 15, 16, or 17 years of age placed with a nongovernmental sponsor or, in the case of an unaccompanied alien child younger than 15 years of age placed with a nongovernmental sponsor, such nongovernmental sponsor shall—

“(aa) enroll in the alternative to detention program of U.S. Immigration and Customs Enforcement; and

“(bb) continuously wear an electronic ankle monitor while the unaccompanied alien child is in removal proceedings.

“(II) Penalty for monitor tampering—If an electronic ankle monitor required by subclause (I) is tampered with, the sponsor of the unaccompanied alien child shall be subject to a civil penalty of $150 for each day the monitor is not functioning due to the tampering, up to a maximum of $3,000.

“(iv) Effect of violation of conditions—The Secretary of Health and Human Services shall remove an unaccompanied alien child from a sponsor if the sponsor violates the terms of the agreement specifying the conditions under which the alien was placed with the sponsor.

“(v) Failure to appear

“(I) Civil penalty—If an unaccompanied alien child is placed with a sponsor and fails to appear in a mandatory court appearance, the sponsor shall be subject to a civil penalty of $250 for each day until the alien appears in court, up to a maximum of $5,000.

“(II) Burden of proof—The sponsor is not subject to the penalty imposed under subclause (I) if the sponsor—

“(aa) appears in person and proves to the immigration court that the failure to appear by the unaccompanied alien child was not the fault of the sponsor; and

“(bb) supplies the immigration court with documentary evidence that supports the assertion described in item (aa).

“(vi) Prohibition on placement with sex offenders and human traffickers—The Secretary of Health and Human Services may not place an unaccompanied alien child under this subparagraph in the custody of an individual who has been convicted of, or the Secretary has reason to believe was otherwise involved in the commission of—

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

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

“(vii) Requirements of criminal background check—A biometric criminal history check required by clause (i)(IV) shall be conducted using a set of fingerprints or other biometric identifier through—

“(I) the Federal Bureau of Investigation;

“(II) criminal history repositories of all States that the individual lists as current or former residences; and

“(III) any other State or Federal database or repository that the Secretary of Health and Human Services determines is appropriate.”

1007. Fraud in connection with the transfer of custody of unaccompanied alien children

(a)
In general— Chapter 47 of title 18, United States Code, is amended by adding at the end the following:

“1041. Fraud in connection with the transfer of custody of unaccompanied alien children

“(a) In general—It shall be unlawful for a person to obtain custody of an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)) by—

“(1) making any materially false, fictitious, or fraudulent statement or representation; or

“(2) making or using any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry.

“(b) Penalties

“(1) In general—Any person who violates, or attempts or conspires to violate, this section shall be fined under this title and imprisoned for not less than 1 year.

“(2) Enhanced penalty for trafficking—If the primary purpose of the violation, attempted violation, or conspiracy to violate this section was to subject the child to sexually explicit activity or any other form of exploitation, the offender shall be fined under this title and imprisoned for not less than 15 years.”

(b)
Clerical amendment— The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1040 the following:

1008. Notification of States, reporting, and monitoring

(a)
Notification— Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended by adding at the end the following:

“(j) Notification to States

“(1) Prior to placement—The Secretary of Homeland Security or the Secretary of Health and Human Services shall notify the Governor of a State not later than 48 hours prior to the placement of an unaccompanied alien child from in custody of such Secretary in the care of a facility or sponsor in such State.

“(2) Initial reports—Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to the Governor of each State in which an unaccompanied alien child was discharged to a sponsor or placed in a facility while remaining in the legal custody of the Secretary during the period beginning October 1, 2013 and ending on the date of the enactment of the Protecting Children and America's Homeland Act of 2014.

“(3) Monthly reports—The Secretary of Health and Human Services shall submit a monthly report to the Governor of each State in which, during the reporting period, unaccompanied alien children were discharged to a sponsor or placed in a facility while remaining in the legal custody of the Secretary of Health and Human Services.

“(4) Contents—Each report required to be submitted to the Governor of a State by paragraph (2) or (3) shall identify the number of unaccompanied alien children placed in the State during the reporting period, disaggregated by—

“(A) the locality in which the aliens were placed; and

“(B) the age of the aliens.”

(b)
Monitoring requirement— The Secretary of Health and Human Services shall—
(1)
require all sponsors to agree—
(A)
to receive approval from the Secretary of Health and Human Services prior to changing the location in which the sponsor is housing an unaccompanied alien child placed in the sponsor’s custody; and
(B)
to provide a current address for the child and the reason for the change of address;
(2)
provide regular and frequent monitoring of the physical and emotional well-being of each unaccompanied alien child who has been discharged to a sponsor or remained in the legal custody of the Secretary until the child's immigration case is resolved; and
(3)
not later than 60 days after the date of the enactment of this Act, provide to Congress a plan for implementing the requirement of paragraph (2).

1009. Emergency immigration judge resources

(a)
Designation— Not later than 14 days after the date of the enactment of this Act, the Attorney General shall designate up to 100 immigration judges, including through the temporary or permanent hiring of retired immigration judges, magistrate judges, or administrative law judges, or the reassignment of current immigration judges, that are dedicated to—
(1)
conducting humane and expedited inspection and screening for unaccompanied alien children under section 235B of the Immigration and Nationality Act, as added by section 1002; or
(2)
reducing existing backlogs in immigration court proceedings initiated under section 239 of the Immigration and Nationality Act (8 U.S.C. 1229).
(b)
Requirement— The Attorney General shall ensure that sufficient immigration judge resources are dedicated to the purpose described in subsection (a)(1) to comply with the requirement under section 235B(b)(1) of the Immigration and Nationality Act, as added by section 1002.

1010. Reports to Congress

(a)
Reports on care of unaccompanied alien child— Not later than December 31, 2014 and September 30, 2015, the Secretary of Health and Human Services shall submit to Congress and make publically available a report that includes—
(1)
a detailed summary of the contracts in effect to care for and house unaccompanied alien children, including the names and locations of contractors and the facilities being used;
(2)
the cost per day to care for and house an unaccompanied alien child, including an explanation of such cost;
(3)
the number of unaccompanied alien children who have been released to a sponsor, if any;
(4)
a list of the States to which unaccompanied alien children have been released from the custody of the Secretary of Health and Human Services to the care of a sponsor or placement in a facility;
(5)
the number of unaccompanied alien children who have been released to a sponsor who is not lawfully present in the United States, including the country of nationality or last habitual residence and age of such children;
(6)
a determination of whether more than 1 unaccompanied alien child has been released to the same sponsor, including the number of children who were released to such sponsor;
(7)
an assessment of the extent to which the Secretary of Health and Human Services is monitoring the release of unaccompanied alien children, including home studies done and ankle bracelets or other devices used;
(8)
an assessment of the extent to which the Secretary of Health and Human Services is making efforts—
(A)
to educate unaccompanied alien children about their legal rights; and
(B)
to provide unaccompanied alien children with access to pro bono counsel; and
(9)
the extent of the public health issues of unaccompanied alien children, including contagious diseases, the benefits or medical services provided, and the outreach to States and localities about public health issues, that could affect the public.
(b)
Reports on repatriation agreements— Not later than February 31, 2015 and August 31, 2015, the Secretary of State shall submit to Congress and make publically available a report that—
(1)
describes—
(A)
any repatriation agreement for unaccompanied alien children in effect and a copy of such agreement; and
(B)
any such repatriation agreement that is being considered or negotiated; and
(2)
describes the funding provided to the 20 countries that have the highest number of nationals entering the United States as unaccompanied alien children, including amounts provided—
(A)
to deter the nationals of each country from illegally entering the United States; and
(B)
to care for or reintegrate repatriated unaccompanied alien children in the country of nationality or last habitual residence.
(c)
Reports on returns to country of nationality— Not later than December 31, 2014 and September 30, 2015, the Secretary of Homeland Security shall submit to Congress and make publically available a report that describes—
(1)
the number of unaccompanied alien children who have voluntarily returned to their country of nationality or habitual residence, disaggregated by—
(A)
country of nationality or habitual residence; and
(B)
age of the unaccompanied alien children;
(2)
the number of unaccompanied alien children who have been returned to their country of nationality or habitual residence, including assessment of the length of time such children were present in the United States;
(3)
the number of unaccompanied alien children who have not been returned to their country of nationality or habitual residence pending travel documents or other requirements from such country, including how long they have been waiting to return; and
(4)
the number of unaccompanied alien children who were granted relief in the United States, whether through asylum or any other immigration benefit.
(d)
Reports on immigration proceedings— Not later than September 30, 2015, and once every 3 months thereafter, the Director of the Executive Office for Immigration Review shall submit to Congress and make publically available a report that describes—
(1)
the number of unaccompanied alien children who, after proceedings under section 235B of the Immigration and Nationality Act, as added by section 1002, were returned to their country of nationality or habitual residence, disaggregated by—
(A)
country of nationality or residence; and
(B)
age and gender of such aliens;
(2)
the number of unaccompanied alien children who, after proceedings under such section 235B, prove a claim of admissibility and are place in proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a);
(3)
the number of unaccompanied alien children who fail to appear at a removal hearing that such alien was required to attend;
(4)
the number of sponsors who were levied a penalty, including the amount and whether the penalty was collected, for the failure of an unaccompanied alien child to appear at a removal hearing; and
(5)
the number of aliens that are classified as unaccompanied alien children, the ages and countries of nationality of such children, and the orders issued by the immigration judge at the conclusion of proceedings under such section 235B for such children.

B Cooperation with countries of nationality of unaccompanied alien children

1021. In-country refugee processing

(a)
Findings— Congress makes the following findings:
(1)
Consistent with section 101(a)(42)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(B)) and section 207(e) of such Act (8 U.S.C. 1157(e)), special circumstances currently exist due to grave humanitarian concerns throughout the travel, and attempts to travel, to the United States by unaccompanied children sufficient to justify and require, for fiscal years 2014 and 2015, the allowance of processing of in-country refugee applications in El Salvador, Guatemala, and Honduras in order to prevent such children from undertaking the long and dangerous journey across Central America and Mexico.
(2)
Grave humanitarian concerns exist due to—
(A)
at least 60,000 unaccompanied children having undertaken the long and dangerous journey to the United States from Central America in fiscal year 2014 alone;
(B)
substantial reports of unaccompanied children becoming, during the course of their journey intended for the United States, victims of—
(i)
significant injury, including loss of limbs;
(ii)
severe forms of violence;
(iii)
death due to accident and intentional killing;
(iv)
severe forms of human trafficking;
(v)
kidnap for ransom; and
(vi)
sexual assault and rape; and
(C)
the likelihood that the vast majority of the unaccompanied children seeking admission or immigration relief, including through application as a refugee or claims of asylum, do not qualify for such admission or relief, and therefore will be repatriated.
(3)
While special circumstances currently exist to justify in-country refugee application processing for El Salvador, Guatemala, and Honduras, it is appropriate to determine the admissibility of individuals applying for refugee status from those countries according to current law and granting administrative relief in instances in which refugee or asylum applications are denied, or are expected to be denied, would exacerbate the grave humanitarian concerns described in paragraph (2) by further encouraging attempts at migration.
(b)
Authority for in-country refugee processing— Notwithstanding section 101(a)(42)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(B)), for fiscal years 2014 and 2015, the Secretary of State, in consultation with the Secretary of Homeland Security and the Director of the Office of Refugee Resettlement of the Department of Health and Human Services, shall process an application for refugee status—
(1)
for an alien who is a national of El Salvador, Guatemala, or Honduras and is located in such country; or
(2)
in the case of an alien having no nationality, for an alien who is habitually residing in such country and is located in such country.
(c)
Rule of construction— Nothing in this section may be construed as a grant of immigration benefit or relief, nor as a change to existing law regarding the eligibility for any individual for such benefit or relief, other than to the extent refugee applications shall be permitted in-country in accordance with this section.

1022. Refugee admissions from certain countries

Notwithstanding any other provision of law, the President, in determining the number of refugees who may be admitted under section 207(a) of the Immigration and Nationality Act (8 U.S.C. 1157(a))—
(1)
for fiscal year 2014, may —
(A)
allocate the unallocated reserve refugee number set out in the Presidential Memorandum on Refugee Admissions for Fiscal Year 2014 issued on October 2, 2013 to admit refugees from Central America; and
(B)
allocate any unused admissions allocated to a particular region for Central American refugee admissions; and
(2)
for fiscal year 2015, shall include Central America among the regional allocations included in the Presidential determination for refugee admissions that fiscal year.

1023. Foreign government cooperation in repatriation of unaccompanied alien children

(a)
Certification—
(1)
In general— Subject to paragraph (2), on the date that is 60 days after the date of the enactment of this Act, and annually thereafter, the President shall make a certification of whether the Government of El Salvador, Guatemala, or Honduras—
(A)
is actively working to reduce the number of unaccompanied alien children from that country who are attempting to migrate northward in order to illegally enter the United States;
(B)
is cooperating with the Government of the United States to facilitate the repatriation of unaccompanied alien children who are removed from the United States and returned to their country of nationality or habitual residence; and
(C)
has negotiated or is actively negotiating an agreement under section 235(a)(2)(C) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(2)(C)), as amended by section 1001.
(2)
Interim certification— If prior to the date an annual certification is required by paragraph (1) the President determines the most recent such certification for the Government of El Salvador, Guatemala, or Honduras is no longer accurate, the President may make an accurate certification for that country prior to such date.
(b)
Limitation on assistance— The Federal Government may not provide any assistance (other than security assistance) to El Salvador, Guatemala, or Honduras unless in the most recent certification for that country under subsection (a) is that the Government of El Salvador, Guatemala, or Honduras, respectively, meets the requirements of subparagraphs (A), (B), and (C) of subsection (a)(1).

XI Criminal aliens

1101. Alien gang members

(a)
Definition— Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:

“(53)

“(A) The term criminal gang means an ongoing group, club, organization, or association of 5 or more persons—

“(i)

“(I) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subparagraph (B); and

“(II) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subparagraph (B); or

“(ii) that has been designated as a criminal gang under section 220 by the Secretary of Homeland Security, in consultation with the Attorney General, or the Secretary of State.

“(B) The offenses described in this subparagraph, whether in violation of Federal or State law or foreign law and regardless of whether the offenses occurred before, on, or after the date of the enactment of the Protecting Children and America's Homeland Act of 2014, are the following:

“(i) A felony drug offense (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

“(ii) An offense under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose).

“(iii) A crime of violence (as defined in section 16 of title 18, United States Code).

“(iv) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary.

“(v) Any conduct punishable under sections 1028 and 1029 of title 18, United States Code (relating to fraud and related activity in connection with identification documents or access devices), sections 1581 through 1594 of such title (relating to peonage, slavery and trafficking in persons), section 1952 of such title (relating to interstate and foreign travel or transportation in aid of racketeering enterprises), section 1956 of such title (relating to the laundering of monetary instruments), section 1957 of such title (relating to engaging in monetary transactions in property derived from specified unlawful activity), or sections 2312 through 2315 of such title (relating to interstate transportation of stolen motor vehicles or stolen property).

“(vi) A conspiracy to commit an offense described in clauses (i) through (v).

“(C) Notwithstanding any other provision of law (including any effective date), the term “criminal gang” applies regardless of whether the conduct occurred before, on, or after the date of the enactment of this paragraph.”

(b)
Inadmissibility— Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:

“(J) Aliens associated with criminal gangs—Any alien is inadmissible who a consular officer, the Secretary of Homeland Security, or the Attorney General knows or has reason to believe—

“(i) is or has been a member of a criminal gang; or

“(ii) has participated in the activities of a criminal gang knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang.”

(c)
Deportability— Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:

“(G) Aliens associated with criminal gangs—Any alien is deportable who the Secretary of Homeland Security or the Attorney General knows or has reason to believe—

“(i) is or has been a member of a criminal gang; or

“(ii) has participated in the activities of a criminal gang knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang.”

(d)
Designation—
(1)
In general— Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after section 219 the following:

“220. Designation of criminal gangs

“(a) In general—The Secretary of Homeland Security, in consultation with the Attorney General, or the Secretary of State may designate a group or association as a criminal gang if their conduct is described in section 101(a)(53) or if the group or association conduct poses a significant risk that threatens the security and the public safety of nationals of the United States or the national security, homeland security, foreign policy, or economy of the United States.

“(b) Effective date—A designation made under subsection (a) shall remain in effect until the designation is revoked after consultation between the Secretary of Homeland Security, the Attorney General, and the Secretary of State or is terminated in accordance with Federal law.”

(2)
Clerical amendment— The table of contents in the first section of the Immigration and Nationality Act is amended by inserting after the item relating to section 219 the following:
(e)
Mandatory detention of criminal gang members—
(1)
In general— Section 236(c)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended—
(A)
by striking “section 212(a)(3)(B)” and inserting “paragraph (2)(J) or (3)(B) of section 212(a)”; and
(B)
by striking “237(a)(4)(B),” and inserting “paragraph (2)(G) or (4)(B) of section 237(a),”.
(2)
Annual report— Not later than March 1 of each year (beginning 1 year after the date of the enactment of this Act), the Secretary of Homeland Security, after consultation with the appropriate Federal agencies, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the number of aliens detained under the amendments made by paragraph (1).
(f)
Asylum claims based on gang affiliation—
(1)
Inapplicability of restriction on removal to certain countries— Section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the matter preceding clause (i), by inserting “who is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is” after “to an alien”.
(2)
Ineligibility for asylum— Section 208(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is amended—
(A)
in clause (v), by striking “or” at the end;
(B)
by redesignating clause (vi) as clause (vii); and
(C)
by inserting after clause (v) the following:

“(vi) the alien is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) (relating to participation in criminal gangs); or”

(g)
Temporary protected status— Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) is amended—
(1)
by striking “Attorney General” each place that term appears and inserting “Secretary of Homeland Security”;
(2)
in subparagraph (c)(2)(B)—
(A)
in clause (i), by striking “States, or” and inserting “States;”;
(B)
in clause (ii), by striking the period and inserting “; or”; and
(C)
by adding at the end the following:

“(iii) the alien is, or at any time after admission has been, a member of a criminal gang.”

(3)
in subsection (d)—
(A)
by striking paragraph (3); and
(B)
in paragraph (4), by adding at the end the following: “The Secretary of Homeland Security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law.”.
(h)
Special immigrant juvenile visas— Section 101(a)(27)(J)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii)) is amended—
(1)
in subclause (I), by striking “and”;
(2)
in subclause (II), by inserting “and” at the end; and
(3)
by adding at the end the following:

“(III) no alien who is, or was at any time after admission has been, a member of a criminal gang shall be eligible for any immigration benefit under this subparagraph;”

(i)
Effective Date— The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to acts that occur before, on, or after the date of the enactment of this Act.

1102. Mandatory expedited removal of dangerous criminals, terrorists, and gang members

(a)
In general— Notwithstanding any other provision of law, an immigration officer who finds an alien described in subsection (b) at a land border or port of entry of the United States and determines that such alien is inadmissible under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall treat such alien in accordance with section 235 of the Immigration and Nationality Act (8 U.S.C. 1225).
(b)
Threats to public safety— An alien described in this subsection is an alien who the Secretary of Homeland Security determines, or has reason to believe—
(1)
has been convicted of any offense carrying a maximum term of imprisonment of more than 180 days;
(2)
has been convicted of an offense which involved—
(A)
domestic violence (as defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
(B)
child abuse and neglect (as defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
(C)
assault resulting in bodily injury (as defined in section 2266 of title 18, United States Code);
(D)
the violation of a protection order (as defined in section 2266 of title 18, United States Code);
(E)
driving while intoxicated (as defined in section 164 of title 23, United States Code); or
(F)
any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));
(3)
has been convicted of more than 1 criminal offense (other than minor traffic offenses);
(4)
has engaged in, is engaged in, or is likely to engage after entry in any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii)), or intends to participate or has participated in the activities of a foreign terrorist organization (as designated under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189));
(5)
is or was a member of a criminal street gang (as defined in paragraph (53) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), as added by section 1101(a)); or
(6)
has entered the United States more than 1 time in violation of section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)), knowing that the entry was unlawful.

1103. Fugitive operations

The Secretary of Homeland Security is authorized to hire 350 U.S. Immigration and Customs Enforcement detention officers that comprise 50 Fugitive Operations Teams responsible for identifying, locating, and arresting fugitive aliens.

1104. Additional detention capacity for family units

Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall increase the number of detention beds available for aliens placed in removal proceedings under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by not less than 5,000, including such detention beds available for family units.

XII Border security

1201. Reducing incentives for illegal immigration

No Federal funds or resources may be used to issue a new directive, memorandum, or Executive Order that provides for relief from removal or work authorization to a class of individuals who are not otherwise eligible for such relief under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or such work authorization, including expanding deferred action for childhood arrivals.

1202. Border security on certain Federal lands

(a)
Definitions— In this section:
(1)
Federal lands— The term Federal lands includes all land under the control of the Secretary concerned that is located within the Southwest border region in the State of Arizona along the international border between the United States and Mexico.
(2)
Secretary concerned— The term Secretary concerned means—
(A)
with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and
(B)
with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.
(b)
Support for border security needs— To achieve effective control of Federal lands—
(1)
the Secretary concerned, notwithstanding any other provision of law, shall authorize and provide U.S. Customs and Border Protection personnel with immediate access to Federal lands for security activities, including—
(A)
routine motorized patrols; and
(B)
the deployment of communications, surveillance, and detection equipment;
(2)
the security activities described in paragraph (1) shall be conducted, to the maximum extent practicable, in a manner that the Secretary determines will best protect the natural and cultural resources on Federal lands; and
(3)
the Secretary concerned may provide education and training to U.S. Customs and Border Protection personnel on the natural and cultural resources present on individual Federal land units.
(c)
Programmatic environmental impact statement—
(1)
In general— After implementing subsection (b), the Secretary, in consultation with the Secretaries concerned, shall prepare and publish in the Federal Register a notice of intent to prepare a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the impacts of the activities described in subsection (b).
(2)
Effect on processing application and special use permits— The pending completion of a programmatic environmental impact statement under this section shall not result in any delay in the processing or approving of applications or special use permits by the Secretaries concerned for the activities described in subsection (b).
(3)
Amendment of land use plans— The Secretaries concerned shall amend any land use plans, as appropriate, upon completion of the programmatic environmental impact statement described in paragraph (1).
(4)
Scope of programmatic environmental impact statement— The programmatic environmental impact statement described in paragraph (1)—
(A)
may be used to advise the Secretary of Homeland Security on the impact on natural and cultural resources on Federal lands; and
(B)
shall not control, delay, or restrict actions by the Secretary of Homeland Security to achieve effective control on Federal lands.
(d)
Intermingled State and private land— This section shall not apply to any private or State-owned land within the boundaries of Federal lands.

1203. State and local assistance to alleviate humanitarian crisis

(a)
State and local assistance— The Administrator of the Federal Emergency Management Agency shall enhance law enforcement preparedness, humanitarian responses, and operational readiness along the international border between the United States and Mexico through Operation Stonegarden.
(b)
Grants and reimbursements—
(1)
In general— Amounts made available to carry out this section shall be allocated for grants and reimbursements to State and local governments in Border Patrol Sectors on the along the international border between the United States and Mexico for—
(A)
costs personnel, overtime, and travel;
(B)
costs related to combating illegal immigration and drug smuggling; and
(C)
costs related to providing humanitarian relief to unaccompanied alien children and family units who have entered the United States.
(2)
Funding for State and local governments— Allocations for grants and reimbursements to State and local governments under this paragraph shall be made by the Administrator of the Federal Emergency Management Agency through a competitive process.
(c)
Authorization of appropriations— There are authorized to be appropriated for fiscal years 2014 and 2015 such sums as may be necessary to carry out this section.

1204. Preventing organized smuggling

(a)
Unlawfully hindering immigration, border, or customs controls—
(1)
Amendment to title 18, United States Code—
(A)
In general— Chapter 27 of title 18, United States Code, is amended by adding at the end the following:

“556. Unlawfully hindering immigration, border, or customs controls

“(a) Illicit spotting—Any person who knowingly transmits to another person the location, movement, or activities of any Federal, State, or tribal law enforcement agency with the intent to further a Federal crime relating to United States immigration, customs, importation of controlled substances, agriculture products, or monetary instruments, or other border controls shall be fined under this title, imprisoned not more than 10 years, or both.

“(b) Destruction of United States border controls—Any person who knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control the international border of the United States or a port of entry, or otherwise seeks to construct, excavate, or make any structure intended to defeat, circumvent or evade any such fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control the international border of the United States or a port of entry—

“(1) shall be fined under this title, imprisoned not more than 10 years, or both; and

“(2) if, at the time of the offense, the person uses or carries a firearm or, in furtherance of any such crime, possesses a firearm, shall be fined under this title, imprisoned not more than 20 years, or both.

“(c) Conspiracy and attempt—Any person who attempts or conspires to violate subsection (a) or (b) shall be punished in the same manner as a person who completes a violation of such subsection.”

(B)
Clerical amendment— The table of sections for chapter 27 of title 18, United States Code, is amended by inserting after the item relating to section 555 the following:
(2)
Prohibiting carrying or use of a firearm during and in relation to an alien smuggling crime— Section 924(c) of title 18, United States Code, is amended—
(A)
in paragraph (1)—
(i)
in subparagraph (A), by inserting “, alien smuggling crime,” after “crime of violence” each place such term appears; and
(ii)
in subparagraph (D)(ii), by inserting “, alien smuggling crime,” after “crime of violence”; and
(B)
by adding at the end the following:

“(6) For purposes of this subsection, the term alien smuggling crime means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328).”

(3)
Statute of limitations— Section 3298 of title 18, United States Code, is amended by inserting “556 (hindering immigration, border, or customs controls), 1598 (organized human smuggling),” before “1581”.
(b)
Organized human smuggling—
(1)
Amendment to title 18, United States Code— Chapter 77 of title 18, United States Code, is amended by adding at the end the following:

“1598. Organized human smuggling

“(a) Prohibited activities—It shall be unlawful for any person, while acting for profit or other financial gain, to knowingly direct or participate in an effort or scheme to assist or cause 3 or more persons—

“(1) to enter, attempt to enter, or prepare to enter the United States—

“(A) by fraud, falsehood, or other corrupt means;

“(B) at any place other than a port or place of entry designated by the Secretary of Homeland Security; or

“(C) in a manner not prescribed by the immigration laws and regulations of the United States;

“(2) to travel by air, land, or sea toward the United States (whether directly or indirectly)—

“(A) knowing that the persons seek to enter or attempt to enter the United States without lawful authority; and

“(B) with the intent to aid or further such entry or attempted entry; or

“(3) to be transported or moved outside of the United States—

“(A) knowing that such persons are aliens in unlawful transit from 1 country to another or on the high seas; and

“(B) under circumstances in which the persons are seeking to enter the United States without official permission or legal authority.

“(b) Conspiracy and attempt—Any person who attempts or conspires to violate subsection (a) shall be punished in the same manner as a person who completes a violation of such subsection.

“(c) Base penalty—Except as provided in subsection (d), any person who violates subsection (a) or (b) shall be fined under this title, imprisoned for not more than 20 years, or both.

“(d) Enhanced penalties—Any person who violates subsection (a) or (b)—

“(1) in the case of a violation causing a serious bodily injury (as defined in section 1365) to any person, shall be fined under this title, imprisoned for not more than 30 years, or both;

“(2) in the case of a violation causing the life of any person to be placed in jeopardy, shall be fined under this title, imprisoned for not more than 30 years, or both;

“(3) in the case of a violation involving 10 or more persons, shall be fined under this title, imprisoned for not more than 30 years, or both;

“(4) in the case of a violation involving the bribery or corruption of a United States or foreign government official, shall be fined under this title, imprisoned for not more than 30 years, or both;

“(5) in the case of a violation involving robbery or extortion (as such terms are defined in paragraph (1) or (2), respectively, of section 1951(b)), shall be fined under this title, imprisoned for not more than 30 years, or both;

“(6) in the case of a violation causing any person to be subjected to an involuntary sexual act (as defined in section 2246(2)), shall be fined under this title, imprisoned for not more than 30 years, or both;

“(7) in the case of a violation resulting in the death of any person, shall be fined under this title, imprisoned for any term of years or for life, or both;

“(8) in the case of a violation in which any alien is confined or restrained, including by the taking of clothing, goods, or personal identification documents, shall be fined under this title, imprisoned for not more than 10 years, or both; or

“(9) in the case of smuggling 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)), shall be fined under this title or imprisoned not more than 20 years.

“(e) Definitions—In this section:

“(1) Effort or scheme to assist or cause 3 or more persons—The term effort or scheme to assist or cause 3 or more persons does not require that the 3 or more persons enter, attempt to enter, prepare to enter, or travel at the same time if such acts are completed during a 1-year period.

“(2) Lawful authority—The term lawful authority—

“(A) means permission, authorization, or license that is expressly provided for under the immigration laws of the United States; and

“(B) does not include—

“(i) any authority described in subparagraph (A) that was secured by fraud or otherwise unlawfully obtained; or

“(ii) any authority that was sought, but not approved.”

(2)
Clerical amendment— The table of sections for chapter 77 of title 18, United States Code, is amended by inserting after the item relating to section 1597 the following:
(c)
Strategy to combat human smuggling—
(1)
High traffic areas of human smuggling defined— In this subsection, the term high traffic areas of human smuggling means the United States ports of entry and areas between such ports that have relatively high levels of human smuggling activity, as measured by U.S. Customs and Border Protection.
(2)
Implementation— Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall implement a strategy to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States.
(3)
Components— The strategy referred to in paragraph (2) shall include—
(A)
efforts to increase coordination between the border and maritime security components of the Department of Homeland Security;
(B)
an identification of intelligence gaps impeding the ability to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States;
(C)
efforts to increase information sharing with State and local governments and other Federal agencies;
(D)
efforts to provide, in coordination with the Federal Law Enforcement Training Center, training for the border and maritime security components of the Department of Homeland Security to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States; and
(E)
the identification of the high traffic areas of human smuggling.
(4)
Report—
(A)
In general— Not later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report that describes the strategy to be implemented under paragraph (2), including the components listed in paragraph (3), to—
(i)
the Committee on Homeland Security and Governmental Affairs of the Senate; and
(ii)
the Committee on Homeland Security of the House of Representatives.
(B)
Form— The Secretary may submit the report required under subparagraph (A) in classified form if the Secretary determines that such form is appropriate.
(5)
Annual list of high traffic areas— Not later than February 1st of the first year beginning after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a list of the high traffic areas of human smuggling referred to—
(A)
the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B)
the Committee on Homeland Security of the House of Representatives.