Sec. 2001 Short title
This title may be cited as the “Asylum Reform and Border Protection Act of 2017”.
Title II — Asylum Reform and Border Protection Act of 2017
II Asylum Reform and Border Protection Act of 2017
Sec. 2002 Clarification of intent regarding taxpayer-provided counsel
Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) is amended—
by striking “(at no expense to the Government)”; and
by adding at the end the following: “Notwithstanding any other provision of law, the Government may not bear any expense for counsel for any person in removal proceedings or in any appeal proceedings before the Attorney General from any such removal proceedings.”.
Sec. 2003 Unaccompanied alien child defined
In general— Section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)) is amended to read as follows:
“(2) the term unaccompanied alien child—
“(A) means an alien who—
“(i) has no lawful immigration status in the United States;
“(ii) has not attained 18 years of age; and
“(iii) with respect to whom—
“(I) there is no parent or legal guardian in the United States;
“(II) no parent or legal guardian in the United States is available to provide care and physical custody; or
“(III) no sibling older than 18 years of age and no aunt, uncle, grandparent, or cousin older than 18 years of age is available to provide care and physical custody; and
“(B) does not include an alien if, at any time, the alien’s parent, legal guardian, sibling older than 18 years of age, or aunt, uncle, grandparent, or cousin older than 18 years of age is found in the United States and is available to provide care and physical custody.”
Revocation of designation— The Secretary of Homeland Security and the Secretary of Health and Human Services shall revoke any designation of an alien as an unaccompanied alien child under section 462(g)(2) of the Homeland Security Act of 2002, as amended by subsection (a), upon the discovery of a relative of such alien described in subparagraph (B) of such section.
Sec. 2004 Modifications to preferential availability for asylum for unaccompanied alien minors
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended—
in subsection (a)(2), by striking subparagraph (E); and
in subsection (b)(3), by striking subparagraph (C).
Sec. 2005 Information sharing between the Department of Health and Human Services and the Department of Homeland Security
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—The Secretary of Health and Human Services shall share with the Secretary of Homeland Security any information requested on a child who has been determined to be an unaccompanied alien child and 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.”
Sec. 2006 Reports
In general— Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Secretary of Health and Human Services, with assistance from the Secretary of Homeland Security, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes efforts to improve repatriation programs for unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), including—
the average time such a child is detained after apprehension until removal;
the number of such children detained improperly beyond the required periods described in paragraphs (2) and (3) of section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)); and
a statement of the funds used to effectuate the repatriation of such children, including any funds that were reallocated from foreign assistance accounts as of the date of the enactment of this Act.
Effective date— This section shall take effect on the date of the enactment of this Act and shall apply with respect to any unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)) apprehended on or after such date.
Sec. 2007 Termination of asylum status pursuant to return to home country
Termination of status— Except as provided in subsections (b) and (c), any alien who is granted asylum or refugee status under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall have his or her asylum status terminated if the alien—
applied for such status because of persecution or a well-founded fear of persecution in that country on account of race, religion, nationality, membership in a particular social group, or political opinion; and
without a compelling reason, as determined by the Secretary of Homeland Security—
subsequently returns to the country of such alien’s nationality; or
in the case of an alien having no nationality, subsequently returns to any country in which such alien last habitually resided.
Waiver— The Secretary may waive the application of subsection (a) if the Secretary determines that the alien had a compelling reason for a return described in subsection (a). The waiver may be sought before the alien’s departure from the United States or upon the alien’s return to the United States.
Exception for certain aliens from Cuba— Subsection (a) shall not apply to an alien who is eligible for adjustment to the status of an alien lawfully admitted for permanent residence pursuant to the Cuban Adjustment Act of 1966 (Public Law 89–732).
Sec. 2008 Asylum cases for home schoolers
In general— Section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) is amended by adding at the end the following: “For purposes of determinations under this Act, a person who has been persecuted for failure or refusal to comply with any law or regulation that prevents the exercise of the individual right of that person to direct the upbringing and education of a child of that person (including any law or regulation preventing homeschooling), or for other resistance to such a law or regulation, shall be deemed to have been persecuted on account of membership in a particular social group, and a person who has a well founded fear that he or she will be subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of membership in a particular social group.”.
Numerical limitation— Section 207(a) of the Immigration and Nationality Act (8 U.S.C. 1157(a)) is amended by adding at the end the following:
“(5) For any fiscal year, not more than 500 aliens may be admitted under this section, or granted asylum under section 208, pursuant to a determination under section 101(a)(42) that the alien is described in the last sentence of section 101(a)(42), as added by section 2008 of the Asylum Reform and Border Protection Act of 2017.”
Effective dates—
In general— The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to failure or refusal to comply with a law or regulation, or other resistance to a law or regulation, occurring before, on, or after such date.
Numerical limitation— The amendment made by subsection (b) shall take effect beginning on the first day of the first fiscal year beginning after the date of the enactment of this Act.
Sec. 2009 Notice concerning frivolous asylum applications:
In general— Section 208(d)(4) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(4)) is amended—
in the matter preceding subparagraph (A), by inserting “the Secretary of Homeland Security or” before “the Attorney General”;
in subparagraph (A), by striking “and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum”;
in subparagraph (B), by striking the period and inserting “; and”; and
by adding at the end the following:
“(C) ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application and serving as notice to the alien of the consequences of filing a frivolous application.”
Conforming amendment— Section 208(d)(6) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking “paragraph (4)(A)” and inserting “paragraph (4)(C)”.
Sec. 2010 Termination of asylum status
Section 208(c) of the Immigration and Nationality Act (8 U.S.C. 1158(c)) is amended by adding at the end the following:
“(4) If an alien’s asylum status is subject to termination under paragraph (2), the immigration judge shall—
“(A) determine whether the conditions specified under paragraph (2) have been met; and
“(B) if such conditions have been met, terminate the alien’s asylum status before considering whether the alien is eligible for adjustment of status under section 209.”
Sec. 2011 Time limits for applying for asylum
Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended—
by amending subparagraph (B) to read as follows:
“(B) Time limit—Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates, by clear and convincing evidence, that the alien filed an application for asylum not later than 6 months after the date of the alien’s arrival in the United States.”
by amending subparagraph (D) to read as follows:
“(D) Exception
“(i) In general—The Secretary of Homeland Security, in the Secretary’s discretion, may permit an alien to apply for asylum outside of the time limit prescribed under subparagraph (B) if the Secretary determines that there has been such an extraordinary and material change in circumstances that the alien’s life or freedom would be threatened, because of the alien’s race, religion, nationality, or membership in a particular social group, or political opinion, if the alien were returned to his or her country of origin, nationality, or citizenship.
“(ii) Judicial review—Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provisions, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a decision by the Secretary under clause (i).”
by striking subparagraph (E).
Sec. 2012 Limits on continuances in removal proceedings
Section 240(c) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)) is amended by adding at the end the following:
“(8) Motion for continuance
“(A) In general—An immigration judge may grant a motion for continuance in a case if the immigration judge determines that there are emergent or extraordinary circumstances justifying such a continuance.
“(B) Limitations—Not more than 2 continuances may be granted in a specific alien’s case. Each continuance shall be limited to a period of not longer than 180 days.”