S. 5371
Stopping Border Surges Act
Sponsor: Mike Lee
Official summary
No official summary yet.
Text of the bill
I Unaccompanied Alien Children
(a) In general. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) by amending the paragraph heading to read as follows: Rules for unaccompanied alien children.—;
(ii) in subparagraph (A)—
(I) in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States;
(II) in clause (i), by inserting and at the end;
(III) in clause (ii), by striking ; and and inserting a period; and
(IV) by striking clause (iii);
(iii) in subparagraph (B)—
(I) in the matter preceding clause (i), by striking may;
(II) in clause (i), by inserting may before permit; and
(III) in clause (ii), by inserting shall before return; and
(iv) 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 shall negotiate agreements between the United States and countries contiguous to the United States and inserting may negotiate agreements between the United States and any foreign country the Secretary determines appropriate;
(B) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively;
(C) by inserting after paragraph (2) the following:
(3) Special rules for interviewing unaccompanied alien children. An unaccompanied alien child shall be interviewed by an immigration officer who has received specialized training in interviewing child trafficking victims.
; and
(D) in paragraph (6)(D), as redesignated—
(i) in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2), and inserting who does not meet the criteria listed in paragraph (2)(A); and
(ii) in clause (i), by inserting , which shall include a hearing before an immigration judge not later than 14 days after being screened in accordance with paragraph (5) before the semicolon at the end;
(2) in subsection (b)—
(A) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by striking services and inserting Services;
(ii) in subparagraph (A), by inserting who does not meet the criteria listed in subsection (a)(2)(A) before the semicolon at the end; and
(iii) in subparagraph (B), by inserting and does not meet the criteria listed in subsection (a)(2)(A) before the period at the end; and
(B) in paragraph (3), by striking an unaccompanied alien child in custody shall and all that follows, and inserting the following:
an unaccompanied alien child in custody—
(A) in the case of a child who does not meet the criteria listed in subsection (a)(2)(A), shall transfer the custody of such child to the Secretary of Health and Human Services not later than 30 days after determining such child is an unaccompanied alien child who does not meet such criteria; or
(B) in the case of child who meets the criteria listed in subsection (a)(2)(A), may transfer the custody of such child to the Secretary of Health and Human Services after determining such child is an unaccompanied alien child who meets such criteria.
; and
(3) in subsection (c)—
(A) in paragraph (3), by adding at the end the following:
(D) Information about individuals with whom children are placed
(i) Information to be provided to the department of homeland security. Before placing an unaccompanied alien child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security the following information regarding the individual with whom the child will be placed:
(I) The name of such individual.
(II) The Social Security number of such individual, if available.
(III) The date of birth of such individual.
(IV) The location of such individual’s residence at which the child will be placed.
(V) The immigration status of such individual, if known.
(VI) Contact information for such individual.
(ii) Special rule. Not later than 90 days after the date of the enactment of this subparagraph, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security the information listed in clause (i) with respect to any unaccompanied alien child apprehended between January 1, 2021, and such date of enactment who the Secretary of Health and Human Services has placed with an individual.
(iii) Activities of the secretary of homeland security. Not later than 30 days after receiving the information listed in clause (i), the Secretary of Homeland Security shall—
(I) if the immigration status of an individual with whom a child is placed is unknown, investigate the immigration status of such individual; and
(II) upon determining an individual with whom a child is placed is unlawfully present in the United States, initiate removal proceedings against such individual pursuant to chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.)
; and
(B) in paragraph (5)—
(i) by inserting (at no expense to the Government) after to the greatest extent practicable; and
(ii) by striking have counsel to represent them and inserting have access to counsel to represent them.
(b) Effective date. The amendments made by this section shall apply to any unaccompanied alien child apprehended on or after the date of the enactment of this Act.
II Asylum Reform