Sec. 1322. Expedited due process and screening for unaccompanied alien children
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Chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq.) 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 under section 208.
Not later than 7 days after the screening of an unaccompanied alien child under section 235(a)(5) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a)(5) ), an immigration judge shall— conduct and conclude a proceeding to inspect, screen, and determine the status of the unaccompanied alien child who is an applicant for admission to the United States; and in the case of an unaccompanied alien child seeking asylum, conduct fact finding to determine whether the unaccompanied alien child meets the definition of unaccompanied alien child under section 235(g) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(g) ).
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 unaccompanied alien child and any witnesses; 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; and shall determine whether the unaccompanied alien child meets any of the criteria set out in subparagraphs
(A)through
(I)of section 235(a)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a)(3) ), and if so, order the alien removed under subsection (e)(2). A proceeding under this section may take place— in person; at a location agreed to by the parties, in the absence of the unaccompanied alien child; by video conference; or by telephone conference. If it is impracticable by reason of the mental incompetency of the unaccompanied alien child 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 unaccompanied alien child shall be provided access to counsel in accordance with section 235(c)(5) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(5) ); 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. An unaccompanied alien child applying for admission to the United States may, and at any time before the issuance of a final order of removal, be permitted to withdraw the application and immediately be returned to the alien’s country of nationality or country of last habitual residence. An unaccompanied alien child who does not attend a proceeding under this section, shall be ordered removed, except under exceptional circumstances where the alien’s absence is the fault of the Government, a medical emergency, or an act of nature. Notwithstanding section 235(b), 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 to be 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 unaccompanied alien child who is an applicant for admission has the burden of establishing, by clear and convincing 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 immigration 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; a fear of persecution; or a fear of torture. If an unaccompanied alien child described in paragraph
(2)claims an intention to apply for asylum under section 208, a fear of persecution, or a fear of torture, the immigration judge shall order the alien referred for an interview by an asylum officer under subsection (f). In this subsection, the term credible fear of persecution or torture means, after taking into account the credibility of the statements made by an unaccompanied alien child in support of the alien’s claim and such other facts as are known to the asylum officer, there is a significant possibility that the alien could establish eligibility for— asylum under section 208; or protection from removal based on Article 3 of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, done at New York, December 10, 1984. An asylum officer shall conduct the interviews of an unaccompanied alien child referred under subsection (e)(3). If the asylum officer determines at the time of the interview that an unaccompanied alien child has a credible fear of persecution or torture, 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 unaccompanied alien child does not have a credible fear of persecution, the asylum officer shall order the alien removed from the United States without further hearing or review. The asylum 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 alien; such additional facts (if any) relied upon by the asylum officer; the asylum officer's analysis of why, in light of such facts, the alien has not established a credible fear of persecution; and a copy of the asylum officer’s interview notes. The Attorney General shall establish, by regulation, a process by which an immigration judge shall conduct a prompt review, upon the alien’s request, of a determination under subparagraph
(A)that the alien does not have a credible fear of persecution or torture. 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 concluded as expeditiously as possible, to the maximum extent practicable within 24 hours, but in no case later than 7 days after the date of the determination under subparagraph (A). Any alien subject to the procedures under this paragraph 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) )— pending a final determination of an application for asylum under this subsection; and after a determination under this subsection that the alien does not have a credible fear of persecution, 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 in the first section of the Immigration and Nationality Act 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. . Section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ) is amended— in subsection (a)— in paragraph (1), by striking section 235(b)(1)) and inserting section 235(b)(1) or an order of removal issued to an unaccompanied alien child after proceedings under section 235B ; and in paragraph (2)— by inserting or section 235B after section 235(b)(1) each place such term appears; and in subparagraph (A)— in the subparagraph heading, by inserting after or 235B ; and section 235(b)(1) in clause (iii), by striking section 235(b)(1)(B), and inserting section 235(b)(1)(B) or 235B(f); ; and in subsection (e)— in the subsection heading, by inserting after or 235B ; section 235(b)(1) by inserting or section 235B after section 235(b)(1) each place such term appears; in subparagraph (2)(C), by inserting or section 235B(g) after section 235(b)(1)(C) ; and in subparagraph (3)(A), by inserting or section 235B after section 235(b) .
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Sec. 1322
Expedited due process and screening for unaccompanied alien children
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