Sec. 1003. Expedited due process for unaccompanied alien children present in the United States
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During the 60-day period beginning on the date of the enactment of this Act, the Secretary of Homeland Security shall, notwithstanding any other provision of law, 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 1002; to attest that the unaccompanied alien child desires to apply for admission to the United States; and to file a motion— to replace any notice to appear issued between January 1, 2013, and the date of the enactment of this Act under such section 239 that has not resulted in a final order of removal; and to apply for admission to the United States by being placed in proceedings under such section 235B.
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 to replace a notice to appear 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, as added by section 1002; immediately notify the petitioner of the petitioner's ability, under section 235B(c)(5) of the Immigration and Nationality Act to withdraw the petitioner's application for admission to the United States and immediately be returned to the petitioner's country of nationality or country of last habitual residence; and replace the petitioner’s notice to appear with an order under section 235B(e) of the Immigration and Nationality Act.
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. 1003
Expedited due process for unaccompanied alien children present in the United States
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