Sec. 5. Due process protections for unaccompanied alien children present in the United States
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Beginning on the date that is 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, notwithstanding any other provision of law, may, at the sole and unreviewable discretion of the Secretary, permit an unaccompanied alien child who was issued a Notice to Appear under section 239 of the Immigration and Nationality Act ( 8 U.S.C. 1229 ) during the period beginning on January 1, 2013, and ending on the date of the enactment of this Act— to appear, in-person, before an immigration judge who has been authorized by the Attorney General to conduct proceedings under section 235B of the Immigration and Nationality Act, as added by section 4; to attest to their desire to apply for admission to the United States; and to file a motion to apply for admission to the United States by being placed in proceedings under section 235B of the Immigration and Nationality Act.
An immigration judge may, at the sole and unreviewable discretion of the judge, grant a motion filed under paragraph (1)(C) upon a finding that— the petitioner was an unaccompanied alien child (as defined in section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 )) on the date on which a Notice to Appear was issued to the alien under section 239 of the Immigration and Nationality Act (8 U.S.C. 1229); the Notice to Appear was issued during the period beginning on January 1, 2013, and ending on the date of the enactment of this Act; the unaccompanied alien child is applying for admission to the United States; and the granting of such motion would not be manifestly unjust.
Notwithstanding any other provision of law, upon the granting of a motion under paragraph (2)— the immigration judge who granted such motion shall, while the petitioner remains in-person, immediately inspect and screen the petitioner for admission to the United States by conducting a proceeding under section 235B of the Immigration and Nationality Act; and the petitioner shall not be subject to the 5-year expedited removal bar under section 212(a)(6)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(B) ).
An unaccompanied alien child who has been granted a motion under paragraph
(2)shall be held in the custody of the Secretary of Health and Human Services pursuant to section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ).
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Sec. 5
Due process protections for unaccompanied alien children present in the United States
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