Central America Reform and Enforcement Act

II 116TH CONGRESS 1ST SESSION S. 1445 To provide a coordinated regional response to manage effectively the endemic violence and humanitarian crisis in El Salvador, Guatemala, and Honduras. IN THE SENATE OF THE UNITED STATES MAY 14, 2019 Mr. SCHUMER (for himself, Mr. DURBIN, Mrs. FEINSTEIN, Mr. MENENDEZ, Mr. LEAHY, Ms. HIRONO, Mr. CARPER, Ms. BALDWIN, Mr. SCHATZ, Ms. SMITH, Mr. CARDIN, Mr. WYDEN, Mr. MURPHY, Mr. BENNET, Ms. KLO- BUCHAR, Mr. REED, Ms. WARREN, Ms. DUCKWORTH, Ms. ROSEN, Ms. CORTEZ MASTO, Mr. KAINE, Mrs. MURRAY, Mr. BOOKER, Ms. HASSAN, Mr. WHITEHOUSE, Mr. UDALL, Mr. BLUMENTHAL, Mr. VAN HOLLEN, Mr. WARNER, Mrs. GILLIBRAND, Mr. SANDERS, Ms. HARRIS, Mr. MAR- KEY, Mr. MERKLEY, Mr. HEINRICH, and Mr. KING) introduced the fol- lowing bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide a coordinated regional response to manage effec- tively the endemic violence and humanitarian crisis in El Salvador, Guatemala, and Honduras. 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Central America Reform and Enforcement Act’’. 5 VerDate Sep 11 2014 18:04 May 25, 2019 Jkt 034408 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1445.IS S1445 pbinns on DSK79D2C42PROD with BILLS 2 •S 1445 IS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of Congress. Sec. 4. Definitions. TITLE I—ADVANCING REFORMS IN CENTRAL AMERICA TO ADDRESS THE FACTORS DRIVING MIGRATION Subtitle A—Strengthening the Capacity of Central American Governments To Protect and Provide for Their Own People Sec. 111. United States Strategy for Engagement in Central America. Sec. 112. Authorization of appropriations for United States Strategy for En- gagement in Central America. Sec. 113. Strengthening the rule of law and combating corruption. Sec. 114. Combating criminal violence and improving citizen security. Sec. 115. Tackling extreme poverty and advancing economic development. Subtitle B—Conditions, Limitations, and Certifications on United States Assistance Sec. 121. Assistance funding available without condition. Sec. 122. Conditions on assistance related to combating, smuggling, and pro- viding for screening and safety of migrants. Sec. 123. Conditions on assistance related to progress on specific issues. Sec. 124. Additional limitations. Sec. 125. Restrictions on reprogramming. Subtitle C—Effectively Coordinating United States Engagement in Central America Sec. 131. United States Coordinator for Engagement in Central America. Subtitle D—United States Leadership for Engaging International Donors and Partners Sec. 141. Requirement for strategy to secure support of international donors and partners. TITLE II—CRACKING DOWN ON CRIMINAL GANGS, CARTELS, AND COMPLICIT OFFICIALS Subtitle A—Strengthening Cooperation Among Law Enforcement Agencies To Target Smugglers and Traffickers Sec. 211. Enhanced international cooperation to combat human smuggling and trafficking. Sec. 212. Enhanced investigation and prosecution of human smuggling and trafficking. Sec. 213. Information campaign on dangers of irregular migration. Subtitle B—Strengthening the Ability of the United States Government To Crack Down on Smugglers, Traffickers, and Drug Cartels VerDate Sep 11 2014 18:04 May 25, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S1445.IS S1445 pbinns on DSK79D2C42PROD with BILLS 3 •S 1445 IS Sec. 221. Enhanced penalties for organized smuggling schemes. Sec. 222. Expanding financial sanctions on narcotics trafficking and money laundering. Sec. 223. Support for FBI transnational anti-gang task forces for countering criminal gangs. Sec. 224. Sense of Congress regarding the expansion of targeted sanctions re- lated to corruption and human rights abuses. Subtitle C—Creating New Penalties for Hindering Immigration, Border, and Customs Controls Sec. 231. Hindering immigration, border, and customs controls. TITLE III—MINIMIZING BORDER CROSSINGS BY EXPANDING PROCESSING OF REFUGEE CHILDREN AND FAMILIES IN-COUN- TRY AND IN THE REGION AND BY STRENGTHENING REPATRI- ATION INITIATIVES Subtitle A—Providing Alternative Safe Havens in Mexico and the Region Sec. 311. Strengthening internal asylum systems in Mexico and other countries. Subtitle B—Expanding Refugee Processing in Mexico and Central America for Third Country Resettlement Sec. 321. Expanding refugee processing in Mexico and Central America for third country resettlement. Subtitle C—Establishing Legal Channels to the United States Sec. 331. Program to adjust the status of certain vulnerable refugees from Cen- tral America. TITLE IV—MONITORING AND SUPPORTING UNACCOMPANIED ALIEN CHILDREN AFTER PROCESSING AT THE BORDER Sec. 401. Definitions; authorization of appropriations. Sec. 402. Family reunification. Sec. 403. Authorization of appropriations. Subtitle A—Strengthening the Government’s Ability To Oversee the Safety and Well-being of Children and Support Children Forcibly Separated From Their Families Sec. 411. Health care in shelters for unaccompanied alien children. Sec. 412. Services to unaccompanied alien children after placement. Sec. 413. Background checks to ensure the safe placement of unaccompanied alien children. Sec. 414. Responsibility of sponsor for immigration court compliance and child well-being. Sec. 415. Monitoring unaccompanied alien children. Subtitle B—Funding to States and School Districts; Supporting Education and Safety Sec. 421. Funding to States to conduct State criminal checks and child abuse and neglect checks. Sec. 422. Unaccompanied alien children in schools. VerDate Sep 11 2014 18:04 May 25, 2019 Jkt 034408 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S1445.IS S1445 pbinns on DSK79D2C42PROD with BILLS 4 •S 1445 IS TITLE V—ENSURING ORDERLY AND HUMANE MANAGEMENT OF CHILDREN AND FAMILIES SEEKING PROTECTION Subtitle A—Providing a Fair and Efficient Legal Process for Children and Vulnerable Families Seeking Asylum Sec. 511. Court appearance compliance and legal orientation. Sec. 512. Fair day in court for kids. Sec. 513. Access to counsel and legal orientation at detention facilities. Sec. 514. Report on access to counsel. Sec. 515. Authorization of appropriations. Subtitle B—Reducing Significant Delays in Immigration Court Sec. 521. Eliminate immigration court backlogs. Sec. 522. Improved training for immigration judges and members of the Board of Immigration Appeals. Sec. 523. New technology to improve court efficiency. Subtitle C—Reducing the Likelihood of Repeated Migration to the United States Sec. 531. Establishing reintegration and monitoring services for repatriating children. SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Since 2008, incidents of murder, other vio- 3 lent crime, and corruption perpetrated by criminal 4 networks, armed gangs and groups, and illicit traf- 5 ficking organizations have remained at alarming lev- 6 els in El Salvador, Guatemala, and Honduras. 7 (2) In 2017, El Salvador and Honduras— 8 (A) continued to be among the most vio- 9 lent countries in Latin America and the world, 10 with 60 and 42 murders for every 100,000 peo- 11 ple, respectively; and 12 (B) were characterized by a high preva- 13 lence of gang-related violence and crimes involv- 14 ing sexual and gender-based violence. 15 VerDate Sep 11 2014 18:04 May 25, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1445.IS S1445 pbinns on DSK79D2C42PROD with BILLS 5 •S 1445 IS (3) El Salvador and Honduras are both among 1 the top 3 countries in the world with the highest 2 child homicide rates, with more than 22 and 32 3 deaths per 100,000 children respectively, according 4 to the nongovernmental organization Save the Chil- 5 dren. 6 (4) A November 2017 report by the United Na- 7 tions Development Programme and UN Women 8 stated that femicide ‘‘is taking on a devastating 9 magnitude and trend in Central America, where 2 in 10 every 3 women murdered, are killed because of their 11 gender.’’. 12 (5) Since 2014, elevated numbers of unaccom- 13 panied minors, women, and other vulnerable individ- 14 uals have fled violence in Central America’s North- 15 ern Triangle and left for the United States in search 16 of protection. 17 (6) Unaccompanied minors emigrating from El 18 Salvador, Guatemala, and Honduras cite violence, 19 forced gang recruitment, extortion, poverty, and lack 20 of opportunity as reasons for leaving their home 21 countries. 22 (7) Challenges to the rule of law in the North- 23 ern Triangle continue to be exacerbated by high lev- 24 els of impunity related to murders and violent crime. 25 VerDate Sep 11 2014 18:04 May 25, 2019 Jkt 034408 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1445.IS S1445 pbinns on DSK79D2C42PROD with BILLS 6 •S 1445 IS In 2015, approximately 95 percent of murders tak- 1 ing place in Honduras and El Salvador remained 2 unresolved. 3 (8) The presence of major drug trafficking or- 4 ganizations in the Northern Triangle contributes to 5 violence, corruption, and criminality. According to 6 the Department of State’s 2017 International Nar- 7 cotics Control Strategy Report, El Salvador, Guate- 8 mala, and Honduras continue to be transit countries 9 for illicit drugs originating from countries in South 10 America that are destined for the United States. 11 (9) In June 2018, the Office of the United Na- 12 tions High Commissioner for Human Rights found 13 that in El Salvador, a pattern of behavior among se- 14 curity personnel and weak institutional responses 15 may have resulted in extrajudicial executions and ex- 16 cessive use of force, with official figures indicating 17 an alarming increase in the number of persons (al- 18 leged gang-members) who have been killed by secu- 19 rity personnel. 20 (10) Widespread public sector corruption in the 21 Northern Triangle undermines economic and social 22 development and directly affects regional political 23 stability. 24 VerDate Sep 11 2014 18:04 May 25, 2019 Jkt 034408 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1445.IS S1445 pbinns on DSK79D2C42PROD with BILLS 7 •S 1445 IS (11) Human rights defenders, journalists, trade 1 unionists, social leaders, and LGBT activists in the 2 Northern Triangle face dire conditions, as evidenced 3 by— 4 (A) the March 2016 murder of the promi- 5 nent Honduran environmental activist, Berta 6 Caceres; and 7 (B) the ongoing targeted killing of civil so- 8 ciety leaders in all 3 countries in the Northern 9 Triangle. 10 (12) The Northern Triangle struggles with high 11 levels of economic insecurity. In 2016, 60.9 percent 12 of Hondurans and 38 percent of Salvadorans lived 13 below the poverty line. In 2014, 59.3 percent of 14 Guatemalans lived below the poverty line. 15 (13) Weak investment climates, low levels of tax 16 collection, and low levels of educational opportunity 17 are barriers to inclusive economic growth and social 18 development in the Northern Triangle. 19 (14) In January 2018 and May 2018, the 20 Trump Administration announced the termination of 21 Temporary Protected Status designations for Hon- 22 duras and El Salvador, respectively, which would af- 23 fect more than 500,000 individuals and their United 24 VerDate Sep 11 2014 18:04 May 25, 2019 Jkt 034408 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1445.IS S1445 pbinns on DSK79D2C42PROD with BILLS 8 •S 1445 IS States citizen children who may have to return to 1 dangerous conditions in those countries. 2 (15) In a November 2017 letter to the Depart- 3 ment of Homeland Security, then Secretary of State 4 Rex Tillerson warned that as a result of ending 5 Temporary Protected Status, the Governments of El 6 Salvador and Honduras ‘‘may take retaliatory ac- 7 tions counter to our long-standing national security 8 and economic interests like withdrawing their coun- 9 ternarcotics and anti-gang cooperation with the 10 United States, reducing their willingness to accept 11 the return of their deported citizens, or refraining 12 from efforts to control illegal migration.’’. 13 SEC. 3. SENSE OF CONGRESS. 14 It is the sense of Congress that— 15 (1) United States support is necessary to ad- 16 dress irregular migration by addressing the violence 17 and humanitarian crisis in the Northern Triangle, 18 which has resulted in the elevated numbers of Cen- 19 tral American unaccompanied children, women, and 20 other refugees and migrants arriving at the South- 21 western border of the United States; 22 (2) the violence and humanitarian crisis is 23 linked to the severe challenges posed by— 24 VerDate Sep 11 2014 18:04 May 25, 2019 Jkt 034408 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1445.IS S1445 pbinns on DSK79D2C42PROD with BILLS 9 •S 1445 IS (A) high rates of homicide, sexual and gen- 1 der-based violence, and violent crime per- 2 petrated by armed criminal actors, including 3 drug trafficking organizations and criminal 4 gangs, such as the MS–13 and 18th Street 5 gangs; 6 (B) endemic corruption carried out by or- 7 ganized networks and the weak rule of law, in- 8 cluding the limited institutional capacity of na- 9 tional police forces, public prosecutors, and 10 court systems; and 11 (C) the limited capabilities and lack of po- 12 litical will on the part of Northern Triangle 13 governments to establish the rule of law, guar- 14 antee security, and ensure the well-being of 15 their citizens; 16 (3) the United States must work with inter- 17 national partners— 18 (A) to address the complicated conditions 19 in the Northern Triangle that contribute to the 20 violence and humanitarian crisis; and 21 (B) to guarantee protections for vulnerable 22 populations, particularly women and children, 23 fleeing violence in the region; 24 VerDate Sep 11 2014 18:04 May 25, 2019 Jkt 034408 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1445.IS S1445 pbinns on DSK79D2C42PROD with BILLS 10 •S 1445 IS (4) the Plan of the Alliance for Prosperity in 1 the Northern Triangle, which was developed by the 2 Governments of El Salvador, Guatemala, and Hon- 3 duras, with the technical assistance of the Inter- 4 American Development Bank, represents a com- 5 prehensive approach to address the complex situa- 6 tion in the Northern Triangle; 7 (5) the United States Strategy for Engagement 8 in Central America, as first developed by President 9 Obama and Vice President Biden, provides impor- 10 tant support for the Alliance for Prosperity and 11 other United States national security priorities, in- 12 cluding rule of law and anti-corruption initiatives; 13 (6) President Trump’s decision to reduce 14 U [Text truncated for display. Full text available on Congress.gov.]