[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3322 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 3322
To amend or repeal certain provisions of Public Law 119-21 that
undermine protections and heighten dangers for unaccompanied alien
children, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 3, 2025
Ms. Cortez Masto (for herself, Mr. Blumenthal, Mr. Wyden, Ms. Rosen,
Mr. Merkley, Mr. Lujan, Mr. King, Mr. Hickenlooper, Mr. Kim, Mr. Welch,
Ms. Hirono, Mr. Schiff, Ms. Duckworth, Mr. Kelly, Ms. Smith, Mr.
Bennet, Mrs. Murray, Mr. Heinrich, Mr. Markey, Mr. Sanders, and Mr.
Durbin) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend or repeal certain provisions of Public Law 119-21 that
undermine protections and heighten dangers for unaccompanied alien
children, 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 ``Upholding Protections for
Unaccompanied Children Act of 2025''.
SEC. 2. FEES.
(a) Asylum Fee.--Section 100002 of Public Law 119-21 is amended by
adding at the end the following:
``(f) Exception.--The fee otherwise required under this section
shall not apply to any individual who is, or was previously determined
to be, 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))).''.
(b) Employment Authorization Document Fee.--Section 100003 of
Public Law 119-21 is amended by adding at the end the following:
``(d) Exception.--The fee otherwise required under this section
shall not apply to any individual who is, or was previously determined
to be, 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))).''.
(c) Special Immigrant Juvenile Fee.--
(1) Repeal.--Section 100005 of Public Law 119-21 is
repealed.
(2) Clarification.--The Secretary of Homeland Security may
not impose a fee in connection with any alien, parent, or legal
guardian of an alien applying for special immigrant juvenile
status under section 101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)).
(d) Annual Asylum Fee.--Section 100009 of Public Law 119-21 is
amended by adding at the end the following:
``(e) Exception.--The fee otherwise required under this section
shall not apply to any individual who is, or was previously determined
to be, 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))).''.
(e) Employment Authorization Renewal Fees.--
(1) Employment authorization for parolees.--Section 100010
of Public Law 119-21 is amended by adding at the end the
following:
``(e) Exception.--The fee otherwise required under this section
shall not apply to any individual who is, or was previously determined
to be, 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))).''.
(2) Employment authorization for asylum applicants.--
Section 100011 of Public Law 119-21 is amended by adding at the
end the following:
``(e) Exception.--The fee otherwise required under this section
shall not apply to any individual who is, or was previously determined
to be, 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))).''.
(3) Employment authorization for aliens granted temporary
protected status.--Section 100012 of Public Law 119-21 is
amended by adding at the end the following:
``(e) Exception.--The fee otherwise required under this section
shall not apply to any individual who is, or was previously determined
to be, 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))).''.
(f) Immigration Court Fees.--Section 100013 of Public Law 119-21 is
amended by adding at the end the following:
``(l) Exception.--The fees otherwise required under this section
shall not apply to any individual who is, or was previously determined
to be, 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))).''.
(g) In Absentia Removal Fee.--Section 100016(c) of Public Law 119-
21 is amended by inserting before the period at the end the following:
``, or to any individual who is, or was previously determined to be, 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)))''.
(h) Border Apprehension Fee.--Section 100017 of Public Law 119-21
is amended by inserting at the end the following:
``(e) Exception.--The fee otherwise required under this section
shall not apply to any individual who is, or was previously determined
to be, 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))).''.
SEC. 3. UPHOLDING PROTECTION SCREENINGS AND A FAIR LEGAL PROCESS.
Section 100051 of Public Law 119-21 is amended by striking
paragraph (8).
SEC. 4. LIMITATIONS ON BODY EXAMINATIONS.
(a) Body Examinations Conducted by the Office of Refugee
Resettlement.--Section 87001(b) of Public Law 119-21 is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(b) Body Examinations Conducted by the Department of Homeland
Security.--Section 100051 of Public Law 119-21 is amended--
(1) by striking paragraph (11); and
(2) by redesignating paragraphs (9), (10), and (12) as
paragraphs (8), (9), and (10), respectively.
SEC. 5. SPONSOR INFORMATION SHARING.
Section 87001 of Public Law 119-21, as amended by section 4(a), is
further amended by adding at the end the following:
``(d) Limitation on Information Sharing.--The Secretary of Health
and Human Services shall ensure that information obtained under this
section is not shared with Department of Homeland Security or any other
Federal agency for the purpose of enforcing the immigration laws (as
defined in section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17))).''.
SEC. 6. REFUND OF FEES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security or the Attorney General shall
refund each fee paid by, or on behalf of, any individual under a
provision of law that is repealed or amended under this Act to exempt
such individual from such payment to the individual or entity who paid
such fee.
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