[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 959 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 959
To amend the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 to protect alien minors and to amend the
Immigration and Nationality Act to end abuse of the asylum system and
establish refugee application and processing centers outside the United
States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 24, 2021
Mr. Graham (for himself, Mr. Tillis, and Mr. Barrasso) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 to protect alien minors and to amend the
Immigration and Nationality Act to end abuse of the asylum system and
establish refugee application and processing centers outside the United
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure and Protect Act of 2021''.
SEC. 2. PROTECTION OF MINORS.
(a) Promoting Family Unity.--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) Promoting Family Unity.--
``(1) Detention of alien minors.--
``(A) In general.--Notwithstanding any other
provision of law, judicial determination, consent
decree, or settlement agreement, the Secretary of
Homeland Security may detain any alien minor (other
than an unaccompanied alien child) who is inadmissible
to the United States under section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) or
removable from the United States under section 237(a)
of that Act (8 U.S.C. 1227(a)) pending the completion
of removal proceedings, regardless of whether the alien
minor was previously an unaccompanied alien child.
``(B) Priority removal cases.--The Attorney General
shall--
``(i) prioritize the removal proceedings of
an alien minor, or a family unit that includes
an alien minor, detained under subparagraph
(A); and
``(ii) set a case completion goal of not
more than 100 days for such proceedings.
``(C) Detention and release decisions.--The
decision to detain or release an alien minor described
in subparagraph (A)--
``(i) shall be governed solely by sections
212(d)(5), 217, 235, 236, and 241 of the
Immigration and Nationality Act (8 U.S.C.
1182(d)(5), 1187, 1225, 1226, and 1231) and
implementing regulations or policies; and
``(ii) shall not be governed by standards,
requirements, restrictions, or procedures
contained in a judicial decree or settlement
relating to the authority to detain or release
alien minors.
``(2) Conditions of detention.--
``(A) In general.--Notwithstanding any other
provision of law, judicial determination, consent
decree, or settlement agreement, the Secretary of
Homeland Security shall determine, in the sole
discretion of the Secretary, the conditions of
detention applicable to an alien minor described in
paragraph (1)(A) regardless of whether the alien minor
was previously an unaccompanied alien child.
``(B) No judicial review.--A determination under
subparagraph (A) shall not be subject to judicial
review.
``(3) Rule of construction.--Nothing in this section--
``(A) affects the eligibility for bond or parole of
an alien; or
``(B) limits the authority of a court to hear a
claim arising under the Constitution of the United
States.
``(4) Preemption of state licensing requirements.--
Notwithstanding any other provision of law, judicial
determination, consent decree, or settlement agreement, a State
may not require an immigration detention facility used to
detain families consisting of one or more children who have not
attained 18 years of age and the parents or legal guardians of
such children, that is located in the State, to be licensed by
the State or any political subdivision thereof.
``(5) Conditions of custody.--The Secretary of Homeland
Security shall ensure that each--
``(A) family residential facility is secure and
safe; and
``(B) alien child and accompanying parent at a
family residential facility has--
``(i) suitable living accommodations;
``(ii) access to drinking water and food;
``(iii) timely access to medical
assistance, including mental health assistance;
and
``(iv) access to any other service
necessary for the adequate care of a minor
child.
``(6) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection.
``(k) Applicability of Consent Decrees, Settlements, and Judicial
Determinations.--
``(1) Flores settlement agreement inapplicable.--Any
conduct or activity that was, before the date of the enactment
of this subsection, subject to any restriction or obligation
imposed by the stipulated settlement agreement filed on January
17, 1997, in the United States District Court for the Central
District of California in Flores v. Reno, CV 85-4544-RJK,
(commonly known as the `Flores settlement agreement'), or
imposed by any amendment of that agreement or judicial
determination based on that agreement--
``(A) shall be subject to the restrictions and
obligations in subsection (j) or imposed by the William
Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (Public Law 110-457); and
``(B) shall not be subject to the restrictions and
the obligations imposed by such settlement agreement or
judicial determination.
``(2) Other settlement agreements or consent decrees.--In
any civil action with respect to the conditions of detention of
alien children, the court shall not enter or approve a
settlement agreement or consent decree unless it complies with
the limitations set forth in subsection (j).''.
(b) Safe and Prompt Return 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 repatriating 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 shall be treated in accordance with
subparagraph (B)'' and inserting ``shall be treated in
accordance with this paragraph or subsection (b), as
applicable'';
(C) in subparagraph (B)--
(i) by redesignating clauses (i) and (ii)
as subclauses (I) and (II), and moving the
subclauses two ems to the right;
(ii) in the matter preceding subclause (I),
as so redesignated, by striking ``An
immigration officer'' and inserting the
following:
``(i) In general.--An immigration
officer''; and
(iii) by adding at the end the following:
``(ii) Children unable to make decisions
with respect to withdrawal of applications for
admission.--If at the time of initial
apprehension, an immigration officer
determines, in the sole and unreviewable
discretion of the immigration officer, that an
unaccompanied alien child is not able to make
an independent decision with respect to the
withdrawal of his or her application for
admission to the United States, the immigration
officer shall refer the unaccompanied alien
child for removal proceedings under section 240
of the Immigration and Nationality Act (8
U.S.C. 1229a).
``(iii) Children able to make decisions
with respect to withdrawal of applications for
admission.--
``(I) In general.--Except as
described in subclause (III)(aa),
notwithstanding any other provision of
law that requires removal proceedings
under section 240 of the Immigration
and Nationality Act (8 U.S.C. 1229a),
including subparagraph (D) and section
235 of the Immigration and Nationality
Act (8 U.S.C. 1225), in the case of an
unaccompanied alien child who is able
to make an independent decision with
respect to the withdrawal of his or her
application for admission to the United
States, as determined by an immigration
officer at the time of initial
apprehension, and does not wish to
withdraw such application, the
immigration officer shall--
``(aa) make a record of any
finding of inadmissibility or
deportability, which shall be
the basis of a repatriation
order, which shall be carried
out and the child shall be
returned to his or her country
of nationality or last habitual
residence, unless the child is
referred--
``(AA) for removal
proceedings pursuant to
subclause (III)(aa); or
``(BB) to an
immigration judge for a
determination pursuant
to subclause (III)(bb);
and
``(bb) refer the
unaccompanied alien child for
an interview under subclause
(II) to determine whether it is
more likely than not that the
unaccompanied alien child--
``(AA) will be
subjected to
trafficking on return
to his or her country
of nationality or last
habitual residence; and
``(BB) would be
granted asylum under
section 208 of the
Immigration and
Nationality Act (8
U.S.C. 1158),
withholding of removal
under section 241(b)(3)
of that Act (8 U.S.C.
1231(b)(3)), or
protection under the
regulations issued
pursuant to the
legislation
implementing the
Convention Against
Torture and Other
Cruel, Inhuman or
Degrading Treatment or
Punishment, done at New
York, December 10, 1984
(referred to in this
clause as the
`Convention Against
Torture').
``(II) Interview.--
``(aa) In general.--An
interview under subclause
(I)(bb) shall be conducted by
an immigration officer with
specialized training relating
to--
``(AA) applicable
law;
``(BB) interviewing
children; and
``(CC) child
trafficking.
``(III) Determinations based on
interview.--
``(aa) Removal
proceedings.--An unaccompanied
alien child described in
subclause (I) shall be referred
for removal proceedings under
section 240 of the Immigration
and Nationality Act (8 U.S.C.
1229a) if, based on an
interview under item (bb) of
that subclause, the immigration
officer makes a determination
that it is more likely than not
that the unaccompanied alien
child will be trafficked on
return to his or her country of
nationality or last habitual
residence.
``(bb) Asylum only
determinations.--
``(AA) In
general.--If, based on
an interview under
subclause (I)(bb), the
immigration officer
makes a determination
that it is more likely
than not that the claim
of an unaccompanied
alien child for asylum
under section 208 of
the Immigration and
Nationality Act (8
U.S.C. 1158),
withholding of removal
under section 241(b)(3)
of that Act (8 U.S.C.
1231(b)(3)), or
protection under the
Convention Against
Torture will be
granted, the
unaccompanied alien
child shall be referred
to an immigration judge
solely for a
determination with
respect to whether the
unaccompanied alien
child is eligible for
asylum under section
208 of that Act (8
U.S.C. 1158),
withholding of removal
under section 241(b)(3)
of that Act (8 U.S.C.
1231(b)(3)), or
protection under the
regulations issued
pursuant to the
legislation
implementing the
Convention Against
Torture and, if
otherwise eligible for
asylum, whether asylum
shall be granted in the
exercise of discretion.
``(BB)
Repatriation.--An
unaccompanied alien
child referred to an
immigration judge under
subitem (AA) shall be
returned to his or her
country of nationality
or last habitual
residence if the
immigration judge finds
that the unaccompanied
alien child is not
entitled to asylum,
withholding of removal,
or protection under the
regulations issued
pursuant to the
legislation
implementing the
Convention Against
Torture.
``(IV) Discretion of immigration
officer; no judicial review.--A
decision of an immigration officer
under this clause, and the issuance of
a repatriation order, shall be in the
sole, unreviewable discretion of the
immigration officer.
``(iv) Detention during proceedings.--
``(I) In general.--Except as
provided in subclauses (II) and (III),
notwithstanding any other provision of
law, settlement agreement, or consent
decree, an unaccompanied alien child
shall not be released from the custody
of the Secretary of Homeland Security
or the Director of the Office of
Refugee Resettlement during the
pendency of the immigration or removal
proceedings of the unaccompanied alien
child.
``(II) Release to sponsor.--
``(aa) In general.--Except
as provided in item (bb), the
Director of the Office of
Refugee Resettlement may, in
the sole, unreviewable
discretion of the Director,
release an unaccompanied alien
child to a sponsor who is a
verified parent or legal
guardian or, in the case of an
unaccompanied alien child who
does not have a verified parent
or legal guardian in the United
States, a close relative, a
distant relative, or an
unrelated adult.
``(bb) Exception.--The
Director of the Office of
Refugee Resettlement shall not
under any circumstance release
an unaccompanied alien child to
a sponsor or a member of the
sponsor's household who has
committed an offense described
in section 236(c)(1) of the
Immigration and Nationality Act
(8 U.S.C. 1226(c)(1)), is
detained while in removal
proceedings under section 240
of such Act (8 U.S.C. 1229a),
has assisted or facilitated the
smuggling or trafficking of a
child, or would otherwise pose
a threat to the well-being of
the unaccompanied alien child.
``(cc) Provision of
information to secretary of
homeland security.--The
Secretary of Health and Human
Services shall provide to the
Secretary of Homeland Security
information relating to the
sponsor, potential sponsor, and
each member of the household of
the sponsor or potential
sponsor, of each unaccompanied
alien child.
``(III) Programs for unaccompanied
alien children without sponsors.--In
the case of an unaccompanied alien
child who cannot be placed with a
sponsor under item (aa), the Director
of the Office of Refugee Resettlement
may release the child to a program for
unaccompanied alien minors, such as a
program under section 412(d) of the
Immigration and Nationality Act (8
U.S.C. 1522(d)).''; and
(D) 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 the Secretary considers
appropriate'';
(2) by striking paragraph (3);
(3) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(4) in paragraph (4)(D), as so redesignated, by striking
``from a contiguous country''.
(c) Protecting Integrity of Special Immigrant Juvenile Visa
Program.--Section 101(a)(27)(J) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(27)(J)) is amended--
(1) in clause (i), by striking ``, and whose'' and all that
follows through ``State law''; and
(2) in clause (iii)--
(A) in subclause (I), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(III) an alien may not be granted
special immigrant juvenile status under
this subparagraph if the juvenile court
determines that the alien may be
returned to the legal custody of any
parent of the alien; and
``(IV)(aa) in assessing whether an
alien is entitled to special immigrant
juvenile classification under this
subparagraph, the Secretary of Homeland
Security may, in the discretion of the
Secretary, determine whether--
``(AA) an order of
dependency or custody issued
for purposes of clause (i) was
issued during juvenile court
abuse and neglect proceedings
for the purpose of providing
permanency to an alien the
parents of whom have been found
to be unfit; and
``(BB) such order was
issued by a court of
appropriate jurisdiction ; and
``(bb) notwithstanding any other
provision of law, no court shall have
jurisdiction to review a determination
made by the Secretary of Homeland
Security under this subclause;''.
(d) Parole Reform.--
(1) In general.--Paragraph (5) of section 212(d) (8 U.S.C.
1182(d)) is amended to read as follows:
``(5) Humanitarian and significant public benefit parole.--
``(A) In general.--Subject to the provisions of
this paragraph and section 214(f)(2), the Secretary of
Homeland Security, in the sole discretion of the
Secretary of Homeland Security, may, on an individual
case-by-case basis and not according to eligibility
criteria describing an entire class of potential parole
recipients, parole an alien into the United States
temporarily, under such conditions as the Secretary of
Homeland Security may prescribe, only--
``(i) for an urgent humanitarian reason (as
described under subparagraph (B)); or
``(ii) for a reason deemed strictly for the
significant public benefit (as described under
subparagraph (C)).
``(B) Humanitarian parole.--The Secretary of
Homeland Security may parole an alien based on an
urgent humanitarian reason described in this
subparagraph only if--
``(i) the alien has a medical emergency and
the alien cannot obtain necessary treatment in
the foreign state in which the alien is
residing or the medical emergency is life-
threatening and there is insufficient time for
the alien to be admitted through the normal
visa process;
``(ii) the alien is the legal guardian or
otherwise has legal authority to make medical
decisions on behalf of an alien described in
clause (i);
``(iii) the alien is needed in the United
States in order to donate an organ or other
tissue for transplant into an immediate family
member and there is insufficient time for the
alien to be admitted through the normal visa
process;
``(iv) the alien has an immediate family
member in the United States whose death is
imminent and the alien could not arrive in the
United States in time to see such family member
alive if the alien were to be admitted through
the normal visa process;
``(v) the alien is a lawful applicant for
adjustment of status under section 245; or
``(vi) the alien was lawfully granted
status under section 208 or lawfully admitted
under section 207.
``(C) Significant public benefit parole.--The
Secretary of Homeland Security may parole an alien
based on a reason deemed strictly for the significant
public benefit described in this subparagraph only if--
``(i) the presence of the alien is
necessary in a matter such as a criminal
investigation or prosecution, espionage
activity, or other similar law enforcement or
intelligence-related activity;
``(ii) the presence of the alien is
necessary in a civil matter concerning the
termination of parental rights;
``(iii) the alien has previously assisted
the United States Government in a matter
described in clause (i) and the life of the
alien would be threatened if the alien were not
permitted to enter the United States;
``(iv) in the case of an alien detained
under section 235, it is necessary to release
from detention and grant parole to the alien
due to a safety concern or for the preservation
of life and property, including in the case
of--
``(I) lack of adequate bed space in
a detention facility; or
``(II) an alien who has a serious
medical condition such that continued
detention would be life-threatening or
would risk serious bodily injury,
disfigurement, or permanent disability;
or
``(v) in the case of an alien returned to a
foreign territory contiguous to the United
States pursuant to section 235(b)(2)(C), it is
necessary to parole the alien into the United
States for an immigration proceeding.
``(D) Limitation on the use of parole authority.--
The Secretary of Homeland Security may not use the
parole authority under this paragraph--
``(i) to circumvent immigration policy
established by law;
``(ii) to admit classes of aliens who do
not qualify for admission under established
legal immigration categories; or
``(iii) to supplement established
immigration categories without an Act of
Congress.
``(E) Parole not an admission.--Parole of an alien
under this paragraph shall not be considered an
admission of the alien into the United States. When the
purposes of the parole of an alien have been served, or
such parole is revoked, as determined by the Secretary
of Homeland Security, the alien shall immediately
return or be returned to the custody from which the
alien was paroled and the alien shall be considered for
admission to the United States on the same basis as
other similarly situated applicants for admission.
``(F) Report to congress.--Not later than 90 days
after the end of each fiscal year, 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 describing the number and categories of
aliens paroled into the United States under this
paragraph. Each such report shall contain information
and data concerning the number and categories of aliens
paroled, the duration of parole, and the current status
of aliens paroled during the preceding fiscal year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the first day of the first month beginning
more than 60 days after the date of the enactment of this Act.
SEC. 3. ENDING ABUSE OF ASYLUM SYSTEM.
(a) Standards To Deter Fraud and Advance Meritorious Asylum
Claims.--Section 235(b)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)) is amended--
(1) by amending clause (v) to read as follows:
``(v) Credible fear of persecution.--
``(I) In general.--For purposes of
this subparagraph, the term `credible
fear of persecution' means that it is
more likely than not that the alien
would be able to establish eligibility
for asylum under section 208--
``(aa) taking into account
such facts as are known to the
officer; and
``(bb) only if the officer
has determined, under
subsection (b)(1)(B)(iii) of
such section, that it is more
likely than not that the
statements made by the alien or
on behalf of the alien are
true.
``(II) Bars to asylum.--An alien
shall not be determined to have a
credible fear of persecution if the
alien is prohibited from applying for
or receiving asylum, including an alien
subject to a limitation or condition
under subsection (a)(2) or (b)(2)
(including a regulation promulgated
under such subsection) of section
208.''; and
(2) by adding at the end the following:
``(vi) Eligibility for relief.--
``(I) Credible fear review by
immigration judge.--An alien determined
to have a credible fear of persecution
shall be referred to an immigration
judge for review of such determination,
which shall be limited to a
determination whether the alien--
``(aa) is eligible for
asylum under section 208,
withholding of removal under
section 241(b)(3), or
protection under the Convention
Against Torture and Other
Cruel, Inhuman or Degrading
Treatment or Punishment, done
at New York, December 10, 1984
(referred to in this clause as
the `Convention Against
Torture)'; and
``(bb) merits a grant of
asylum in the exercise of
discretion.
``(II) Aliens with reasonable fear
of persecution.--
``(aa) In general.--Except
as provided in item (bb), if an
alien referred under
subparagraph (A)(ii) is
determined to have a reasonable
fear of persecution or torture,
the alien shall be eligible
only for consideration of an
application for withholding of
removal under section 241(b)(3)
or protection under the
Convention Against Torture.
``(bb) Exception.--An alien
shall not be eligible for
consideration of an application
for relief under item (aa) if
the failure of the alien to
establish a credible fear of
persecution precludes the alien
from eligibility for such
relief.
``(cc) Limitation.--An
alien whose application for
relief is adjudicated under
item (aa) shall not be eligible
for any other form of relief or
protection from removal.
``(vii) Ineligibility for removal
proceedings.--An alien referred under
subparagraph (A)(ii) shall not be eligible for
a hearing under section 240.''.
(b) Applications for Asylum.--Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--Only an alien who has entered the United
States through a designated port of entry may apply for asylum
under this section or section 235(b), as applicable.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``,
pursuant to a bilateral or multilateral
agreement,''; and
(ii) in subparagraph (E), by striking
``Subparagraphs (A) and (B)'' and inserting
``Subparagraph (A)''; and
(2) in subsection (b)(3), by striking subparagraph (C).
(c) Authority for Certain Aliens To Apply for Asylum.--Section
208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2))
is amended by adding at the end the following:
``(F) Ineligibility for asylum.--
``(i) In general.--Notwithstanding any
other provision of law, including paragraph
(1), except as provided in clause (ii), an
alien is ineligible for asylum if the alien--
``(I) has been convicted of a
felony;
``(II) is inadmissible under
section 212(a) (except paragraphs (4),
(5), and (7));
``(III) has been previously removed
from the United States; or
``(IV) is a national or habitual
resident of--
``(aa) a country in Central
America that has a refugee
application and processing
center; or
``(bb) a country contiguous
to such a country (other than
Mexico).
``(ii) Exception.--Notwithstanding clause
(i), paragraph (1) shall not apply to any alien
who is present in the United States on the date
of the enactment of this subparagraph.''.
SEC. 4. ESTABLISHMENT OF REFUGEE APPLICATION AND PROCESSING CENTERS.
(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) The term `refugee application and processing
center'--
``(A) means a facility designated under section
207(g) by the Secretary of State to accept and process
applications for refugee admissions to the United
States; and
``(B) may include a United States embassy,
consulate, or other diplomatic facility.''.
(b) Designation.--Section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157) is amended by adding at the end the following:
``(g) Refugee Application and Processing Centers.--
``(1) Designation.--Not later than 240 days after the date
of the enactment of this subsection, the Secretary of State, in
consultation with the Secretary of Homeland Security, shall
designate refugee application and processing centers outside
the United States.
``(2) Locations.--The Secretary of State shall establish--
``(A) not fewer than 1 refugee application and
processing center in Mexico; and
``(B) not fewer than 3 refugee application and
processing centers in Central America at locations
selected by the Secretary of State, in consultation
with the Secretary of Homeland Security.
``(3) Duties of secretary of state.--The Secretary of
State, in coordination with the Secretary of Homeland Security,
shall ensure that any alien who is a national or habitual
resident of a country in which a refugee application and
processing center is located, or a country contiguous to such a
country, may apply for refugee status at a refugee application
and processing center.
``(4) Adjudication by refugee officers.--An application for
refugee status submitted to a refugee application and
processing center shall be adjudicated by a refugee officer.
``(5) Priority.--The Secretary of State shall ensure that
refugee application and processing centers accord priority to
applications submitted--
``(A) by aliens who have been referred by an
authorized nongovernmental organization, as determined
by the Secretary of State;
``(B) not later than 90 days after the date on
which such referral is made; and
``(C) in accordance with the requirements and
procedures established by the Secretary of State under
this subsection.
``(6) Application fees.--
``(A) In general.--The Secretary of State and the
Secretary of Homeland Security shall charge, collect,
and account for fees prescribed by each such Secretary
pursuant to subsections (m) and (n) of section 286 and
section 9701 of title 31, United States Code, for the
purpose of receiving, docketing, processing, and
adjudicating an application under this subsection.
``(B) Basis for fees.--The fees prescribed under
subparagraph (A) shall be based on a consideration of
the amount necessary to deter frivolous applications
and the cost for processing the application, including
the implementation of program integrity and anti-fraud
measures.''.
(c) Sunset.--The amendments made by this section shall cease to be
effective beginning on the date that is three years and 240 days after
the date of the enactment of this Act.
SEC. 5. REGULATIONS.
Notwithstanding section 553(b) of title 5, United States Code, not
later than 210 days after the date of the enactment of this Act, the
Secretary of Homeland Security and the Attorney General shall, jointly
or separately, publish in the Federal Register interim final rules to
implement the amendments made by section 3(c) and section 4.
SEC. 6. HIRING AUTHORITY.
(a) Immigration Judges.--The Attorney General shall increase--
(1) the number of immigration judges by not fewer than an
additional 500 judges, as compared to the number of immigration
judges as of the date of the enactment of this Act; and
(2) the corresponding number of support staff, as
necessary.
(b) Immigration and Customs Enforcement Attorneys.--The Director of
U.S. Immigration and Customs Enforcement shall increase the number of
attorneys and staff employed by U.S. Immigration and Customs
Enforcement by the number that is consistent with the workload staffing
model to support the increase in immigration judges.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for--
(1) the hiring of immigration judges, support staff, and
U.S. Immigration and Customs Enforcement attorneys under this
section; and
(2) the lease, purchase, or construction of facilities or
equipment (including video teleconferencing equipment and
equipment for electronic filing of immigration cases), and the
transfer of federally owned temporary housing units to serve as
facilities, for--
(A) the increased number of immigration judges,
attorneys, and support staff under this section; and
(B) conducting immigration court proceedings in
close proximity to the locations at which aliens are
apprehended and detained.
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