Sec. 2. Expedited due process and screening of unaccompanied alien children
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Chapter 4 of the Immigration and Nationality Act is amended by inserting after section 235A the following: In this section, the term asylum officer means an immigration officer who— has had professional training in country conditions, asylum law, and interview techniques comparable to that provided to full-time adjudicators of applications under section 208, and is supervised by an officer who— meets the condition described in paragraph (1); and has had substantial experience adjudicating asylum applications.
Not later than 7 days after the screening of an unaccompanied alien child under section 235(a)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a)(4) ), an immigration judge shall conduct a proceeding to inspect, screen, and determine the status of an unaccompanied alien child who is an applicant for admission to the United States. The inspection and screening required under paragraph
(1)shall include the collection of biometric data from each unaccompanied alien child, including photographs and fingerprints. Not later than 72 hours after the conclusion of a proceeding with respect to an unaccompanied alien child under this section, the immigration judge who conducted such proceeding shall issue an order pursuant to subsection (e). The immigration judge conducting a proceeding under this section— shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses; may issue subpoenas for the attendance of witnesses and presentation of evidence; and is authorized to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this Act. A proceeding under this section may take place— in person; at a location agreed to by the parties, in the absence of the alien; through video conference; or through telephone conference. If it is impracticable by reason of an alien's mental incompetency for the alien to be present at the proceeding, the Attorney General shall prescribe safeguards to protect the rights and privileges of the alien. In a proceeding under this section— the alien shall be given the privilege of being represented, at no expense to the Government, by counsel of the alien’s choosing who is authorized to practice in such proceedings; the alien shall be given a reasonable opportunity— to examine the evidence against the alien; to present evidence on the alien’s own behalf; and to cross-examine witnesses presented by the Government; the rights set forth in subparagraph
(B)shall not entitle the alien— to examine such national security information as the Government may proffer in opposition to the alien’s admission to the United States; or to an application by the alien for discretionary relief under this Act; and a complete record shall be kept of all testimony and evidence produced at the proceeding. In the discretion of the Attorney General, an alien applying for admission to the United States may, and at any time, be permitted to withdraw such application and immediately be returned to the alien’s country of nationality or country of last habitual residence. At the conclusion of a proceeding under this section, the immigration judge shall determine whether an unaccompanied alien child is likely to be— admissible to the United States; or eligible for any form of relief from removal under this Act. The determination of the immigration judge under subparagraph
(A)shall be based only on the evidence produced at the hearing. In a proceeding under this section, an alien who is an applicant for admission has the burden of establishing, by a preponderance of the evidence, that the alien— is likely to be entitled to be lawfully admitted to the United States or eligible for any form of relief from removal under this Act; or is lawfully present in the United States pursuant to a prior admission. In meeting the burden of proof under subparagraph (A)(ii), the alien shall be given access to— the alien’s visa or other entry document, if any; and any other records and documents, not considered by the Attorney General to be confidential, pertaining to the alien’s admission or presence in the United States. If an immigration judge determines that the unaccompanied alien child has met the burden of proof under subsection (d)(2), the judge shall order the alien to be placed in further proceedings in accordance with section 240. If an immigration judge determines that the unaccompanied alien child has not met the burden of proof required under subsection (d)(2), the judge shall order the alien removed from the United States without further hearing or review unless the alien claims— an intention to apply for asylum under section 208; or a substantiated fear of persecution. If an unaccompanied alien child described in paragraph
(2)claims an intention to apply for asylum under section 208 or a substantiated fear of persecution, the officer shall order the alien referred for an interview by an asylum officer under subsection (f). In this subsection, the term substantiated fear of persecution means, after taking into account the credibility of the statements made by the alien in support of the alien’s claim and such other facts as are known to the officer, there is a significant possibility that the alien could establish eligibility for asylum under section 208. An asylum officer shall conduct interviews of aliens referred under subsection (e)(3). If the officer determines at the time of the interview that an alien has a substantiated fear of persecution, the alien shall be held in the custody of the Secretary of Health and Human Services pursuant to section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) during further consideration of the application for asylum. Subject to subparagraph (C), if the asylum officer determines that an alien does not have a substantiated fear of persecution, the officer shall order the alien removed from the United States without further hearing or review. The officer shall prepare a written record of a determination under subparagraph (A), which shall include— a summary of the material facts as stated by the applicant; such additional facts (if any) relied upon by the officer; the officer's analysis of why, in light of such facts, the alien has not established a substantiated fear of persecution; and a copy of the officer’s interview notes. The Attorney General shall establish, by regulation, a process by which an immigration judge will conduct a prompt review, upon the alien’s request, of a determination under subparagraph
(A)that the alien does not have a substantiated fear of persecution. The review described in clause (i)— shall include an opportunity for the alien to be heard and questioned by the immigration judge, either in person or by telephonic or video connection; and shall be conducted— as expeditiously as possible; within the 24-hour period beginning at the time the asylum officer makes a determination under subparagraph (A), to the maximum extent practicable; and in no case later than 7 days after such determination. Any alien subject to the procedures under this paragraph shall be held in the custody of the Department of Homeland Security— pending a final determination of substantiated fear of persecution; and after a determination that the alien does not have such a fear, until the alien is removed. Except as provided in subsection (f)(4)(C) and paragraph (2), a removal order entered in accordance with subsection (e)(2) or (f)(4)(A) is not subject to administrative appeal. The Attorney General shall establish, by regulation, a process for the prompt review of an order under subsection (e)(2) against an alien who claims under oath, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, after having been warned of the penal ties for falsely making such claim under such conditions to have been— lawfully admitted for permanent residence; admitted as a refugee under section 207; or granted asylum under section 208. . The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 235A the following: Sec. 235B. Humane and expedited inspection and screening for unaccompanied alien children. .
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