What This Bill Does
This bill changes immigration rules to keep alien minors (people under 18 who are not U.S. citizens) in custody with their families during removal proceedings. It also restricts who can apply for asylum and creates refugee application and processing centers outside the United States where people can apply for refugee status.
##
Who It Affects
* Alien minors (non-citizens under 18) and their families in immigration proceedings
* People applying for asylum or refugee status
* Immigration judges and enforcement staff
* The Department of Homeland Security
* The Department of State
* The Department of Health and Human Services
* Mexico and Central American countries where processing centers would be located
##
Key Provisions
* The Secretary of Homeland Security may detain alien minors with their families during removal proceedings, and decisions about detention are final and cannot be reviewed by courts. (Sec. 2(a))
* Only aliens who enter through a designated port of entry can apply for asylum, and certain people (those convicted of felonies, previously removed from the U.S., or from countries with refugee processing centers) are ineligible for asylum. (Sec. 3(b) and Sec. 3(c))
* The government must establish at least one refugee application and processing center in Mexico and at least three in Central America within 240 days of the law taking effect. (Sec. 4(b))
* The Attorney General must hire at least 500 additional immigration judges and corresponding support staff. (Sec. 6(a))
* Unaccompanied alien children who can make independent decisions about withdrawing their asylum applications can be quickly returned to their home country unless they face trafficking or qualify for asylum protections. (Sec. 2(b))
##
What Changes
If this bill becomes law, alien minors can be detained with their families without following previous court-ordered detention standards. Courts cannot review detention conditions or decisions. The Flores settlement agreement, a legal agreement that previously governed how minors in immigration custody must be treated, would no longer apply.
Only people entering at official border crossing locations can apply for asylum. People who have been convicted of felonies or previously removed from the U.S. cannot apply for asylum. People from Central American countries with refugee processing centers cannot apply for asylum in the U.S., except those already in the country when the law takes effect.
The government must create refugee processing centers in Mexico and Central America so people can apply for refugee status outside the United States. Parole authority (temporary entry into the U.S.) becomes more restricted and only applies to specific situations like medical emergencies or helping with law enforcement investigations.
##
Important Definitions
* **Alien minor**: A person under 18 years old who is not a U.S. citizen.
* **Unaccompanied alien child**: A person under 18 without a parent or legal guardian physically present in the U.S.
* **Asylum**: Legal protection granted to someone fleeing persecution in their home country.
* **Credible fear of persecution**: It is more likely than not that a person could qualify for asylum based on facts known and if their statements are true.
* **Refugee application and processing center**: A facility outside the U.S. (which may include U.S. embassies or consulates) where people can apply for refugee status.
* **Parole**: Temporary entry into the U.S. that is not considered admission.
* **Port of entry**: A designated location where people officially enter the United States.
##
Effective Date
The parole changes take effect on the first day of the first month beginning more than 60 days after the bill becomes law. (Sec. 2(d)(2))
The refugee processing center provisions stop being effective three years and 240 days after the bill becomes law. (Sec. 4(c))
Other provisions take effect upon the bill becoming law unless otherwise specified.
II
118TH CONGRESS
1ST SESSION
S. 425
To amend the William Wilberforce Trafficking Victims Protection Reauthor-
ization Act of 2008 to protect alien minors and to amend the Immigra-
tion and Nationality Act to end abuse of the asylum system and establish
refugee application and processing centers outside the United States,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 14, 2023
Mr. GRAHAM introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To amend the William Wilberforce Trafficking Victims Pro-
tection Reauthorization Act of 2008 to protect alien mi-
nors and to amend the Immigration and Nationality
Act to end abuse of the asylum system and establish
refugee application and processing centers outside the
United States, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Secure and Protect
4
Act of 2023’’.
5
VerDate Sep 11 2014
01:06 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S425.IS
S425
kjohnson on DSK79L0C42PROD with BILLS
2
•S 425 IS
SEC. 2. PROTECTION OF MINORS.
1
(a) PROMOTING FAMILY UNITY.—Section 235 of the
2
William Wilberforce Trafficking Victims Protection Reau-
3
thorization Act of 2008 (8 U.S.C. 1232) is amended by
4
adding at the end the following:
5
‘‘(j) PROMOTING FAMILY UNITY.—
6
‘‘(1) DETENTION OF ALIEN MINORS.—
7
‘‘(A) IN GENERAL.—Notwithstanding any
8
other provision of law, judicial determination,
9
consent decree, or settlement agreement, the
10
Secretary of Homeland Security may detain any
11
alien minor (other than an unaccompanied alien
12
child) who is inadmissible to the United States
13
under section 212(a) of the Immigration and
14
Nationality Act (8 U.S.C. 1182(a)) or remov-
15
able from the United States under section
16
237(a) of that Act (8 U.S.C. 1227(a)) pending
17
the completion of removal proceedings, regard-
18
less of whether the alien minor was previously
19
an unaccompanied alien child.
20
‘‘(B) PRIORITY REMOVAL CASES.—The At-
21
torney General shall—
22
‘‘(i) prioritize the removal proceedings
23
of an alien minor, or a family unit that in-
24
cludes an alien minor, detained under sub-
25
paragraph (A); and
26
VerDate Sep 11 2014
01:06 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S425.IS
S425
kjohnson on DSK79L0C42PROD with BILLS
3
•S 425 IS
‘‘(ii) set a case completion goal of not
1
more than 100 days for such proceedings.
2
‘‘(C) DETENTION
AND
RELEASE
DECI-
3
SIONS.—The decision to detain or release an
4
alien minor described in subparagraph (A)—
5
‘‘(i) shall be governed solely by sec-
6
tions 212(d)(5), 217, 235, 236, and 241 of
7
the Immigration and Nationality Act (8
8
U.S.C. 1182(d)(5), 1187, 1225, 1226, and
9
1231) and implementing regulations or
10
policies; and
11
‘‘(ii) shall not be governed by stand-
12
ards, requirements, restrictions, or proce-
13
dures contained in a judicial decree or set-
14
tlement relating to the authority to detain
15
or release alien minors.
16
‘‘(2) CONDITIONS OF DETENTION.—
17
‘‘(A) IN GENERAL.—Notwithstanding any
18
other provision of law, judicial determination,
19
consent decree, or settlement agreement, the
20
Secretary of Homeland Security shall deter-
21
mine, in the sole discretion of the Secretary, the
22
conditions of detention applicable to an alien
23
minor described in paragraph (1)(A) regardless
24
VerDate Sep 11 2014
01:06 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\S425.IS
S425
kjohnson on DSK79L0C42PROD with BILLS
4
•S 425 IS
of whether the alien minor was previously an
1
unaccompanied alien child.
2
‘‘(B) NO JUDICIAL REVIEW.—A determina-
3
tion under subparagraph (A) shall not be sub-
4
ject to judicial review.
5
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in
6
this section—
7
‘‘(A) affects the eligibility for bond or pa-
8
role of an alien; or
9
‘‘(B) limits the authority of a court to hear
10
a claim arising under the Constitution of the
11
United States.
12
‘‘(4) PREEMPTION
OF
STATE
LICENSING
RE-
13
QUIREMENTS.—Notwithstanding any other provision
14
of law, judicial determination, consent decree, or set-
15
tlement agreement, a State may not require an im-
16
migration detention facility used to detain families
17
consisting of one or more children who have not at-
18
tained 18 years of age and the parents or legal
19
guardians of such children, that is located in the
20
State, to be licensed by the State or any political
21
subdivision thereof.
22
‘‘(5) CONDITIONS OF CUSTODY.—The Secretary
23
of Homeland Security shall ensure that each—
24
VerDate Sep 11 2014
01:06 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\S425.IS
S425
kjohnson on DSK79L0C42PROD with BILLS
5
•S 425 IS
‘‘(A) family residential facility is secure
1
and safe; and
2
‘‘(B) alien child and accompanying parent
3
at a family residential facility has—
4
‘‘(i) suitable living accommodations;
5
‘‘(ii) access to drinking water and
6
food;
7
‘‘(iii) timely access to medical assist-
8
ance, including mental health assistance;
9
and
10
‘‘(iv) access to any other service nec-
11
essary for the adequate care of a minor
12
child.
13
‘‘(6) AUTHORIZATION
OF
APPROPRIATIONS.—
14
There are authorized to be appropriated such sums
15
as may be necessary to carry out this subsection.
16
‘‘(k) APPLICABILITY OF CONSENT DECREES, SET-
17
TLEMENTS, AND JUDICIAL DETERMINATIONS.—
18
‘‘(1) FLORES SETTLEMENT AGREEMENT INAP-
19
PLICABLE.—Any conduct or activity that was, before
20
the date of the enactment of this subsection, subject
21
to any restriction or obligation imposed by the stipu-
22
lated settlement agreement filed on January 17,
23
1997, in the United States District Court for the
24
Central District of California in Flores v. Reno, CV
25
VerDate Sep 11 2014
01:06 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\S425.IS
S425
kjohnson on DSK79L0C42PROD with BILLS
6
•S 425 IS
85–4544–RJK, (commonly known as the ‘Flores set-
1
tlement agreement’), or imposed by any amendment
2
of that agreement or judicial determination based on
3
that agreement—
4
‘‘(A) shall be subject to the restrictions
5
and obligations under subsection (j) or imposed
6
under any other provision of this Act; and
7
‘‘(B) shall not be subject to the restrictions
8
and the obligations imposed by such settlement
9
agreement or judicial determination.
10
‘‘(2) OTHER
SETTLEMENT
AGREEMENTS
OR
11
CONSENT DECREES.—In any civil action with respect
12
to the conditions of detention of alien children, the
13
court shall not enter or approve a settlement agree-
14
ment or consent decree unless it complies with the
15
limitations set forth in subsection (j).’’.
16
(b) SAFE
AND PROMPT RETURN
OF UNACCOM-
17
PANIED ALIEN CHILDREN.—Section 235(a) of the Wil-
18
liam Wilberforce Trafficking Victims Protection Reauthor-
19
ization Act of 2008 (8 U.S.C. 1232(a)) is amended—
20
(1) in paragraph (2)—
21
(A) by amending the paragraph heading to
22
read as follows: ‘‘RULES
FOR
REPATRIATING
23
UNACCOMPANIED ALIEN CHILDREN’’;
24
VerDate Sep 11 2014
01:06 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\S425.IS
S425
kjohnson on DSK79L0C42PROD with BILLS
7
•S 425 IS
(B) in subparagraph (A), in the matter
1
preceding clause (i), by striking ‘‘who is a na-
2
tional or habitual resident of a country that is
3
contiguous with the United States shall be
4
treated in accordance with subparagraph (B)’’
5
and inserting ‘‘shall be treated in accordance
6
with this paragraph or subsection (b), as appli-
7
cable’’;
8
(C) in subparagraph (B)—
9
(i) by redesignating clauses (i) and
10
(ii) as subclauses (I) and (II), and moving
11
the subclauses two ems to the right;
12
(ii) in the matter preceding subclause
13
(I), as so redesignated, by striking ‘‘An im-
14
migration officer’’ and inserting the fol-
15
lowing:
16
‘‘(i) IN
GENERAL.—An immigration
17
officer’’; and
18
(iii) by adding at the end the fol-
19
lowing:
20
‘‘(ii) CHILDREN
UNABLE
TO
MAKE
21
DECISIONS
WITH
RESPECT
TO
WITH-
22
DRAWAL
OF
APPLICATIONS
FOR
ADMIS-
23
SION.—If at the time of initial apprehen-
24
sion, an immigration officer determines, in
25
VerDate Sep 11 2014
01:06 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\S425.IS
S425
kjohnson on DSK79L0C42PROD with BILLS
8
•S 425 IS
the sole and unreviewable discretion of the
1
immigration officer, that an unaccom-
2
panied alien child is not able to make an
3
independent decision with respect to the
4
withdrawal of his or her application for ad-
5
mission to the United States, the immigra-
6
tion officer shall refer the unaccompanied
7
alien child for removal proceedings under
8
section 240 of the Immigration and Na-
9
tionality Act (8 U.S.C. 1229a).
10
‘‘(iii) CHILDREN ABLE TO MAKE DECI-
11
SIONS WITH RESPECT TO WITHDRAWAL OF
12
APPLICATIONS FOR ADMISSION.—
13
‘‘(I) IN
GENERAL.—Except as
14
described in subclause (III)(aa), not-
15
withstanding any other provision of
16
law that requires removal proceedings
17
under section 240 of the Immigration
18
and Nationality Act (8 U.S.C. 1229a),
19
including subparagraph (D) and sec-
20
tion 235 of the Immigration and Na-
21
tionality Act (8 U.S.C. 1225), in the
22
case of an unaccompanied alien child
23
who is able to make an independent
24
decision with respect to the with-
25
VerDate Sep 11 2014
01:06 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\S425.IS
S425
kjohnson on DSK79L0C42PROD with BILLS
9
•S 425 IS
drawal of his or her application for
1
admission to the United States, as de-
2
termined by an immigration officer at
3
the time of initial apprehension, and
4
does not wish to withdraw such appli-
5
cation, the immigration officer shall—
6
‘‘(aa) make a record of any
7
finding of inadmissibility or de-
8
portability, which shall be the
9
basis of a repatriation order,
10
which shall be carried out and
11
the child shall be returned to his
12
or her country of nationality or
13
last habitual residence, unless the
14
child is referred—
15
‘‘(AA) for removal pro-
16
ceedings pursuant to sub-
17
clause (III)(aa); or
18
‘‘(BB) to an immigra-
19
tion judge for a determina-
20
tion pursuant to subclause
21
(III)(bb); and
22
‘‘(bb) refer the unaccom-
23
panied alien child for an inter-
24
view under subclause (II) to de-
25
VerDate Sep 11 2014
01:06 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\S425.IS
S425
kjohnson on DSK79L0C42PROD with BILLS
10
•S 425 IS
termine whether it is more likely
1
than not that the unaccompanied
2
alien child—
3
‘‘(AA) will be subjected
4
to trafficking on return to
5
his or her country of nation-
6
ality or last habitual resi-
7
dence; and
8
‘‘(BB) would be grant-
9
ed asylum under section 208
10
of the Immigration and Na-
11
tionality
Act
(8
U.S.C.
12
1158), withholding of re-
13
moval
under
section
14
241(b)(3) of that Act (8
15
U.S.C. 1231(b)(3)), or pro-
16
tection under the regulations
17
issued pursuant to the legis-
18
lation
implementing
the
19
Convention against Torture
20
and Other Cruel, Inhuman
21
or Degrading Treatment or
22
Punishment, done at New
23
York, December 10, 1984
24
(referred to in this clause as
25
VerDate Sep 11 2014
01:06 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\S425.IS
S425
kjohnson on DSK79L0C42PROD with BILLS
11
•S 425 IS
the
‘Convention
Against
1
Torture’).
2
‘‘(II) INTERVIEW.—
3
‘‘(aa)
IN
GENERAL.—An
4
interview under subclause (I)(bb)
5
shall be conducted by an immi-
6
gration officer with specialized
7
training relating to—
8
‘‘(AA) applicable law;
9
‘‘(BB)
interviewing
10
children; and
11
‘‘(CC) child trafficking.
12
‘‘(III) DETERMINATIONS
BASED
13
ON INTERVIEW.—
14
‘‘(aa)
REMOVAL
PRO-
15
CEEDINGS.—An
unaccompanied
16
alien child described in subclause
17
(I) shall be referred for removal
18
proceedings under section 240 of
19
the Immigration and Nationality
20
Act (8 U.S.C. 1229a) if, based
21
on an interview under item (bb)
22
of that subclause, the immigra-
23
tion officer makes a determina-
24
tion that it is more likely than
25
VerDate Sep 11 2014
01:06 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\S425.IS
S425
kjohnson on DSK79L0C42PROD with BILLS
12
•S 425 IS
not that the unaccompanied alien
1
child will be trafficked on return
2
to his or her country of nation-
3
ality or last habitual residence.
4
‘‘(bb) ASYLUM ONLY DETER-
5
MINATIONS.—
6
‘‘(AA) IN
GENERAL.—
7
If, based on an interview
8
under subclause (I)(bb), the
9
immigration officer makes a
10
determination
that
it
is
11
more likely than not that the
12
claim of an unaccompanied
13
alien child for asylum under
14
section 208 of the Immigra-
15
tion and Nationality Act (8
16
U.S.C. 1158), withholding of
17
removal
under
section
18
241(b)(3) of that Act (8
19
U.S.C. 1231(b)(3)), or pro-
20
tection under the Convention
21
Against
Torture
will
be
22
granted, the unaccompanied
23
alien child shall be referred
24
to an immigration judge
25
VerDate Sep 11 2014
01:06 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\S425.IS
S425
kjohnson on DSK79L0C42PROD with BILLS
13
•S 425 IS
solely for a determination
1
with respect to whether the
2
unaccompanied alien child is
3
eligible for asylum under
4
section 208 of that Act (8
5
U.S.C. 1158), withholding of
6
removal
under
section
7
241(b)(3) of that Act (8
8
U.S.C. 1231(b)(3)), or pro-
9
tection under the regulations
10
issued pursuant to the legis-
11
lation
implementing
the
12
Convention Against Torture
13
and, if otherwise eligible for
14
asylum,
whether
asylum
15
shall be granted in the exer-
16
cise of discretion.
17
‘‘(BB)
REPATRI-
18
ATION.—An unaccompanied
19
alien child referred to an im-
20
migration
judge
under
21
subitem (AA) shall be re-
22
turned to his or her country
23
of nationality or last habit-
24
ual residence if the immigra-
25
VerDate Sep 11 2014
01:06 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\S425.IS
S425
kjohnson on DSK79L0C42PROD with BILLS
14
•S 425 IS
tion judge finds that the un-
1
accompanied alien child is
2
not entitled to asylum, with-
3
holding of removal, or pro-
4
tection under the regulations
5
issued pursuant to the legis-
6
lation
implementing
the
7
Convention Against Torture.
8
‘‘(IV) DISCRETION OF IMMIGRA-
9
TION
OFFICER;
NO
JUDICIAL
RE-
10
VIEW.—A decision of an immigration
11
officer under this clause, and the
12
issuance of a repatriation order, shall
13
be in the sole, unreviewable discretion
14
of the immigration officer.
15
‘‘(iv)
DET
[Text truncated for display. Full text available on Congress.gov.]