113 S2619 IS: Children Returning on an Expedited and Safe Timeline Act
U.S. Senate
2014-07-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
This Act may be cited as the
Children Returning on an Expedited and Safe Timeline Act
or the CREST Act
.2.For purposes of this Act, the term unaccompanied alien child means an alien who—(1)has no lawful immigration status in the United States;(2)has not attained 18 years of age; and(3)attempts to enter or has entered the United States unaccompanied by a parent or legal guardian.3.Reducing the number of unaccompanied alien children from El Salvador, Guatemala, and Honduras(a)Restrictions on foreign aid to certain countries(1)Beginning on the date that is 6 months after the date of the enactment of this Act, the Federal
Government shall not provide any non-security assistance to El Salvador,
Guatemala, or
Honduras until the President certifies that the government of El Salvador,
of Guatemala, or of Honduras, respectively is—(A)actively working to reduce the number of unaccompanied alien children from such country who are
attempting to migrate northward in order to illegally enter the United
States; and(B)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 origin.(2)Subsequent certificationsThe restriction under paragraph (1) shall take effect beginning on the date that is 1 year after
the President issued the latest certification in accordance with paragraph
(1) unless the President recertifies that the governments referred to in
paragraph (1) are meeting the requirements set forth in subparagraphs (A)
and (B) of such paragraph.(b)In-Country refugee processing(1)Notwithstanding section 101(a)(42)(B) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(42)(B)), 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 carry
out in-country processing of refugee applications in El Salvador,
Guatemala, and Honduras.(2)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out paragraph (1).4.Increasing the number of refugee admissions from certain countries(a)Notwithstanding any other provision of law, the President, in determining the number of refugees
who may be admitted under section 207(a) for fiscal years 2014 and 2015,
shall
authorize the admission, in each such fiscal year, of—(1)up to 5,000 refugees from El Salvador;(2)up to 5,000 refugees from Guatemala; and(3)up to 5,000 refugees from Honduras.5.Preventing organized smuggling(a)Unlawfully hindering immigration, border, or customs controls(1)Amendment to title 18, united states code(A)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)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,
controlled substances, agriculture, monetary instruments, or other border
controls shall be fined under title 18, United States Code, imprisoned not
more than 10 years, or both.(b)Destruction of United States border controlsAny 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 border 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 border or a port of entry—(1)shall be fined under title 18, United States Code, 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 title 18, United States
Code, imprisoned not more than 20 years, or both.(c)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)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:556. Unlawfully hindering immigration, border, or customs controls..(2)Penalty for carrying or use of a firearm during and in relation to an alien smuggling crimeSection 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)Section 3298 of title 18, United States Code, is amended by striking or under
and inserting , under section 2 or subsection (a), (b), or (c) of section 556, or under
.(b)Organized human smuggling(1)Amendment to title 18, united states codeChapter 77 of title 18, United States Code, is amended by adding at the end the following:1598.Organized human smuggling(a)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 5 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)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)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)Any person who violates subsection (a) or (b)—(1)in the case of a violation during and in relation to which a serious bodily injury (as defined in
section 1365) occurs 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 during and in relation to which the life of any person is 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 during and in relation to which any person is subjected to an
involuntary sexual act (as defined in section 2246(2)), shall be fined
under this title,
imprisoned for not fewer than 5 years and 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 not fewer than 5 years and up to 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 not fewer than 5 years and
not more than 10 years, or both; and(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)In this section:(1)The term effort or scheme to assist or cause 5 or more persons does not require that the 5 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)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)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:1598. Organized human smuggling..(c)Strategy To combat human smuggling(1)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 the most human
smuggling activity, as measured by U.S. Customs and Border Protection.(2)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)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 along the international land and
maritime borders of the United States.(4)(A)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)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 areasNot 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 in
paragraph (3)(A) 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.6.Equitable treatment of unaccompanied alien children(a)Section 235(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of
2008 (8 U.S.C. 1232(a)) is amended—(1)by striking the paragraph heading and inserting Rules for unaccompanied alien children
;(2)in subparagraph (A), by striking who is a national or habitual resident of a country that is contiguous with the United States
; and(3)in subparagraph (C)—(A)by striking the subparagraph heading and inserting Agreements with foreign countries
; and(B)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
.(b)The amendments made by subsection (a) shall apply to any unaccompanied alien child who was
apprehended
on or after October 1, 2013.7.Expedited removal authority for unaccompanied alien childrenSection 235(a)(5)(D) of the William Wilberforce Trafficking Victims Protection Reauthorization Act
of
2008 (8 U.S.C. 1232(a)(5)(D)) is amended—(1)by striking the subparagraph heading and inserting Expedited removal for unaccompanied alien children
;(2)in the matter preceding clause (i)—(A)by inserting described in paragraph (2)(A) who is
after Any unaccompanied alien child
; and(B)by striking , except for an unaccompanied alien child from a contiguous country subject to exceptions under
subsection (a)(2),
; and(3)by striking clause (i) and inserting the following:(i)placed in a proceeding in accordance with section 235 of the Immigration and Nationality
Act (8 U.S.C. 1225)..8.Mandatory safe Federal custodySection 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of
2008 (8 U.S.C. 1232(c)(2)) is amended—(1)in paragraph (2)—(A)in subparagraph (A), by striking shall be promptly placed in the least restrictive setting that is in the best interest of the
child. In making such placements, the Secretary may consider danger to
self, danger to the community, and risk of flight. Placement of child
trafficking victims may include placement in an Unaccompanied Refugee
Minor program pursuant to section 412(d) of the Immigration and
Nationality Act (8 U.S.C. 1522(d)), if a suitable family member is not
available to provide care.
and inserting may not be placed in the custody of a nongovernmental sponsor or otherwise released from the
custody of the United States Government until the child is repatriated or
has been adjudicated to be admissible or subject to an exception to
removal.
;(B)by redesignating subparagraph (B) as subparagraph (D); and(C)by inserting after subparagraph (A) the following:(B)(i)If the Secretary of Health and Human Services determines that an unaccompanied alien child is a
victim of a severe form of trafficking in persons, 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 child may be placed with a biological parent
if—(I)the parent can prove that he or she is lawfully residing in the United States;(II)the parent has submitted to a mandatory biometric criminal history check; and(III)the Secretary completes a safety and suitability study of the parent’s household.(ii)If an unaccompanied alien child described in clause (i) is between 15 and 18 years of age and the
Secretary of Health and
Human Services determines that such child is not a danger to self, a
danger to the community, or a risk of flight, the child shall—(I)enroll in the alternative to detention program of U.S. Immigration and Customs Enforcement; and(II)continuously wear an electronic ankle monitor while his or her immigration case is pending.(iii)Effect of violation of conditionsThe Secretary of Health and Human Services shall remove an unaccompanied alien minor from a parent
who has violated the terms of the agreement specifying the conditions
under which the unaccompanied alien child was placed in his or her
custody.(iv)(I)If an unaccompanied alien child is placed with a parent and fails to appear in a mandatory court
appearance, the parent shall be subject to a civil penalty of $250 per
day, up to a maximum of $5,000.(II)The parent is not subject to the penalty imposed under subclause (I) if the parent—- (aa)proves to the immigration court that the failure to appear by the unaccompanied alien child was
not
the fault of the parent; and
- (bb)supplies the immigration court with documentary evidence that supports such assertion.
(v)Unaccompanied refugee minors programAn unaccompanied alien child described in clause (i) who is a victim of a severe form of
trafficking in
persons may be placed in the Unaccompanied Refugee
Minors Program authorized under section 412(d) of the Immigration and
Nationality Act (8 U.S.C. 1522(d)) if a parent is not available to provide
care for the child in accordance with this subparagraph.(C)In verifying the legal presence of parents under subparagraph (B)(i)(I), the Secretary of Health
and Human Services shall provide information on those determined to be
unlawfully present in the United States to the Secretary of Homeland
Security.; and(2)in paragraph (3)(B), by striking individual
and inserting parent
.9.The Secretary of Homeland Security shall ensure that U.S. Border Patrol agents receive appropriate
training in immigration laws relating to screening, identifying, and
addressing vulnerable populations, such as
children, victims of crime and human trafficking, and individuals fleeing
persecution or torture.10.Emergency immigration personnel; national juvenile docket(a)It shall be the goal of the Attorney General, the Secretary of Homeland Security, and the Director
of the Executive Office for Immigration Review to use the amounts
appropriated pursuant to subsection (f) to bring a resolution to
immigration cases, from the issuance of a notice to appear through the
exhaustion of appeals, within 30 days.(b)Emergency immigration judges(1)Not later than 14 days after the date of the enactment of this Act, the Attorney General shall
designate up to 100 temporary immigration judges, with renewable 6-month
terms, including through the hiring of retired immigration judges,
magistrate judges, administrative law judges, or other qualified attorneys
using the same criteria as applied to the hiring of permanent immigration
judges.(2)The Attorney General shall ensure that sufficient immigration judge resources are dedicated to the
purpose described in paragraph (1).(c)Immigration litigation attorneysThe Secretary of Homeland Security shall hire 150 new immigration litigation attorneys in the Field
Legal Operations of U.S. Immigration and Customs Enforcement with
particular focus on the Office of Chief Counsel attorneys in the areas of
need.(d)The Secretary of Homeland Security shall hire 100 new asylum officers to be placed in the Refugee,
Asylum, and International Operations Directorate of the U.S. Citizenship
and
Immigration Services.(e)(1)Except as provided in paragraph (2), the Director of the Executive Office for Immigration Review
shall establish a separate juvenile docket in every immigration court in
the United States to facilitate the processing
of immigration cases involving unaccompanied alien children.(2)The Director may exempt an immigration court from the requirement under paragraph (1) upon its
application for exemption based on its juvenile caseload. The
Director shall make a determination under this paragraph after reviewing
the court’s latest 2 quarters of juvenile cases. An exemption may be
awarded if the Director determines that a juvenile docket is not
warranted.(f)Authorization of appropriationsThere is authorized to be appropriated $100,000,000 to carry out this section.11.Reporting and monitoring requirements(a)(1)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 each State in which unaccompanied
children were discharged to parents or placed in a facility while
remaining in the legal custody of the Secretary of Health and Human
Services that provides the number of children placed in the State since
Oct. 1, 2013, broken down by location and age.(2)Monthly discharge reportsThe Secretary of Health and Human Services shall submit a monthly report to each State in which
unaccompanied alien children, during the reporting period—(A)were discharged to
their parents; or(B)were placed in a facility while remaining in the legal custody of the Department of Health and
Human Services.(3)The reports required under paragraph (2) shall identify the number of children placed in the State
during the reporting period, broken down by—(A)location; and(B)age.(b)The Secretary of Health and Human Services shall—(1)require all parents to agree—(A)to notify and receive approval from the Department of Health and Human Services prior to an
unaccompanied alien child placed in their custody changing addresses from
that in which he or she was originally placed; 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 unaccompanied
alien children who have been discharged to
a parent
or remain in the legal custody of the Secretary of Health and Human
Services until their respective immigration cases are 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 set forth in paragraph (2).(c)The Secretary of Health and Human Services shall notify each State in which potential facilities
are being reviewed to house unaccompanied alien children who will remain
in the custody of the Secretary of Health and Human Services.(d)The Director of the Executive Office for Immigration Review shall—(1)track the number of unaccompanied
alien children who fail to appear at a removal hearing that they were
required to attend; and(2)make the information described in paragraph (1) available to the public on a quarterly basis.