Protect Children and Families Through Rule of Law Act

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Protect Children and Families Through the Rule of Law Act

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MDM14553 S.L.C.

113TH CONGRESS

2D SESSION S. ll

To prohibit future consideration of deferred action for childhood arrivals

or work authorization for aliens who are not in lawful status, to facilitate

the expedited processing of minors entering the United States across

the southern border, and to require the Secretary of Defense to reimburse

States for National Guard deployments in response to large-scale border

crossings of unaccompanied alien children from noncontiguous countries.

IN THE SENATE OF THE UNITED STATES

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Mr. CRUZ introduced the following bill; which was read twice and referred to

the Committee on llllllllll

A BILL

To prohibit future consideration of deferred action for childhood

arrivals or work authorization for aliens who are

not in lawful status, to facilitate the expedited processing

of minors entering the United States across the southern

border, and to require the Secretary of Defense to reimburse

States for National Guard deployments in response

to large-scale border crossings of unaccompanied alien

children from noncontiguous countries.

1 Be it enacted by the Senate and House of Representa2

tives of the United States of America in Congress assembled,

2

MDM14553 S.L.C.

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Protect Children and

3 Families Through the Rule of Law Act’’.

4 SEC. 2. LIMITATION ON EXECUTIVE IMMIGRATION AU5

6 No agency or instrumentality of the Federal Govern7

ment may use Federal funding or resources—

8 (1) to consider or adjudicate any new or pre9

viously denied application of any alien requesting

10 consideration of deferred action for childhood arriv11

als, as authorized by Executive memorandum on Au12

gust 15, 2012, or by any other succeeding executive

13 memorandum authorizing a similar program; or

14 (2) to authorize any alien to work in the United

15 States if such alien—

16 (A) was not lawfully admitted into the

17 United States in compliance with the Immigra18

tion and Nationality Act (8 U.S.C. 1101 et

19 seq.); and

20 (B) is not in lawful status in the United

21 States on the date of the enactment of this Act.

22 SEC. 3. REPATRIATION OF UNACCOMPANIED ALIEN CHIL23

24 Section 235(a) of the William Wilberforce Trafficking

25 Victims Protection Reauthorization Act of 2008 (8 U.S.C.

26 1232(a)) is amended—

3

MDM14553 S.L.C.

1 (1) in paragraph (2)—

2 (A) by amending the paragraph heading to

3 read as follows: ‘‘RULES FOR UNACCOMPANIED

4 ALIEN CHILDREN’’;

5 (B) in subparagraph (A), in the matter

6 preceding clause (i), by striking ‘‘who is a na7

tional or habitual resident of a country that is

8 contiguous with the United States’’; and

9 (C) in subparagraph (C)—

10 (i) by amending the subparagraph

11 heading to read as follows: ‘‘AGREEMENTS

12 WITH FOREIGN COUNTRIES’’; and

13 (ii) in the matter preceding clause (i),

14 by striking ‘‘countries contiguous to the

15 United States’’ and inserting ‘‘Canada, El

16 Salvador, Guatemala, Honduras, Mexico,

17 and any other foreign country that the

18 Secretary determines appropriate’’; and

19 (2) in paragraph (5)(D)—

20 (A) in the subparagraph heading, by strik21

ing ‘‘PLACEMENT IN REMOVAL PROCEEDINGS’’

22 and inserting ‘‘EXPEDITED DUE PROCESS AND

23 SCREENING FOR UNACCOMPANIED ALIEN CHIL24

DREN’’;

4

MDM14553 S.L.C.

1 (B) in the matter preceding clause (i), by

2 striking ‘‘, except for an unaccompanied alien

3 child from a contiguous country subject to the

4 exceptions under subsection (a)(2), shall be—’’

5 and inserting ‘‘who does not meet the criteria

6 listed in paragraph (2)(A)—’’;

7 (C) by striking clause (i) and inserting the

8 following:

9 ‘‘(i) shall be placed in a proceeding in

10 accordance with section 235B of the Immi11

gration and Nationality Act, which shall

12 commence not later than 7 days after the

13 screening of an unaccompanied alien child

14 described in paragraph (4);’’;

15 (D) by redesignating clauses (ii) and (iii)

16 as clauses (iii) and (iv), respectively;

17 (E) by inserting after clause (i) the fol18

lowing:

19 ‘‘(ii) may not be placed in the custody

20 of a nongovernmental sponsor or otherwise

21 released from the custody of the United

22 States Government until the child is repa23

triated unless the child is the subject of an

24 order under section 235B(e)(1) of the Im25

migration and Nationality Act;’’;

5

MDM14553 S.L.C.

1 (F) in clause (iii), as redesignated, by in2

serting ‘‘is’’ before ‘‘eligible’’; and

3 (G) in clause (iv), as redesignated, by in4

serting ‘‘shall be’’ before ‘‘provided’’.

5 SEC. 4. EXPEDITED DUE PROCESS AND SCREENING OF UN6

ACCOMPANIED ALIEN CHILDREN .

7 (a) AMENDMENTS TO IMMIGRATION AND NATION8

ALITY ACT.—

9 (1) IN GENERAL.—Chapter 4 of the Immigra10

tion and Nationality Act is amended by inserting

11 after section 235A the following:

12 ‘‘SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND

13 SCREENING FOR UNACCOMPANIED ALIEN

14 CHILDREN.

15 ‘‘(a) DEFINED TERM.—In this section, the term ‘asy16

lum officer’ means an immigration officer who—

17 ‘‘(1) has had professional training in country

18 conditions, asylum law, and interview techniques

19 comparable to that provided to full-time adjudicators

20 of applications under section 208, and

21 ‘‘(2) is supervised by an officer who—

22 ‘‘(A) meets the condition described in

23 paragraph (1); and

24 ‘‘(B) has had substantial experience adju25

dicating asylum applications.

6

MDM14553 S.L.C.

1 ‘‘(b) PROCEEDING.—

2 ‘‘(1) IN GENERAL.—Not later than 7 days after

3 the screening of an unaccompanied alien child under

4 section 235(a)(4) of the William Wilberforce Traf5

ficking Victims Protection Reauthorization Act of

6 2008 (8 U.S.C. 1232(a)(4)), an immigration judge

7 shall conduct a proceeding to inspect, screen, and

8 determine the status of an unaccompanied alien

9 child who is an applicant for admission to the

10 United States.

11 ‘‘(2) TIME LIMIT.—Not later than 72 hours

12 after the conclusion of a proceeding with respect to

13 an unaccompanied alien child under this section, the

14 immigration judge who conducted such proceeding

15 shall issue an order pursuant to subsection (e).

16 ‘‘(c) CONDUCT OF PROCEEDING.—

17 ‘‘(1) AUTHORITY OF IMMIGRATION JUDGE.—

18 The immigration judge conducting a proceeding

19 under this section—

20 ‘‘(A) shall administer oaths, receive evi21

dence, and interrogate, examine, and cross-ex22

amine the alien and any witnesses;

23 ‘‘(B) may issue subpoenas for the attend24

ance of witnesses and presentation of evidence;

25 and

7

MDM14553 S.L.C.

1 ‘‘(C) is authorized to sanction by civil

2 money penalty any action (or inaction) in con3

tempt of the judge’s proper exercise of author4

ity under this Act.

5 ‘‘(2) FORM OF PROCEEDING.—A proceeding

6 under this section may take place—

7 ‘‘(A) in person;

8 ‘‘(B) at a location agreed to by the parties,

9 in the absence of the alien;

10 ‘‘(C) through video conference; or

11 ‘‘(D) through telephone conference.

12 ‘‘(3) PRESENCE OF ALIEN.—If it is impracti13

cable by reason of an alien’s mental incompetency

14 for the alien to be present at the proceeding, the At15

torney General shall prescribe safeguards to protect

16 the rights and privileges of the alien.

17 ‘‘(4) RIGHTS OF THE ALIEN.—In a proceeding

18 under this section—

19 ‘‘(A) the alien shall be given the privilege

20 of being represented, at no expense to the Gov21

ernment, by counsel of the alien’s choosing who

22 is authorized to practice in such proceedings;

23 ‘‘(B) the alien shall be given a reasonable

24 opportunity—

8

MDM14553 S.L.C.

1 ‘‘(i) to examine the evidence against

2 the alien;

3 ‘‘(ii) to present evidence on the alien’s

4 own behalf; and

5 ‘‘(iii) to cross-examine witnesses pre6

sented by the Government;

7 ‘‘(C) the rights set forth in subparagraph

8 (B) shall not entitle the alien—

9 ‘‘(i) to examine such national security

10 information as the Government may prof11

fer in opposition to the alien’s admission to

12 the United States; or

13 ‘‘(ii) to an application by the alien for

14 discretionary relief under this Act; and

15 ‘‘(D) a complete record shall be kept of all

16 testimony and evidence produced at the pro17

18 ‘‘(5) WITHDRAWAL OF APPLICATION FOR AD19

MISSION.—In the discretion of the Attorney General,

20 an alien applying for admission to the United States

21 may, and at any time, be permitted to withdraw

22 such application and immediately be returned to the

23 alien’s country of nationality or country of last ha24

bitual residence.

25 ‘‘(d) DECISION AND BURDEN OF PROOF.—

9

MDM14553 S.L.C.

1 ‘‘(1) DECISION.—

2 ‘‘(A) IN GENERAL.—At the conclusion of a

3 proceeding under this section, the immigration

4 judge shall determine whether an unaccom5

panied alien child is likely to be—

6 ‘‘(i) admissible to the United States;

7 or

8 ‘‘(ii) eligible for any form of relief

9 from removal under this Act.

10 ‘‘(B) EVIDENCE.—The determination of

11 the immigration judge under subparagraph (A)

12 shall be based only on the evidence produced at

13 the hearing.

14 ‘‘(2) BURDEN OF PROOF.—

15 ‘‘(A) IN GENERAL.—In a proceeding under

16 this section, an alien who is an applicant for

17 admission has the burden of establishing, by a

18 preponderance of the evidence, that the alien—

19 ‘‘(i) is likely to be entitled to be law20

fully admitted to the United States or eli21

gible for any form of relief from removal

22 under this Act; or

23 ‘‘(ii) is lawfully present in the United

24 States pursuant to a prior admission.

10

MDM14553 S.L.C.

1 ‘‘(B) ACCESS TO DOCUMENTS.—In meeting

2 the burden of proof under subparagraph (A)(ii),

3 the alien shall be given access to—

4 ‘‘(i) the alien’s visa or other entry

5 document, if any; and

6 ‘‘(ii) any other records and docu7

ments, not considered by the Attorney

8 General to be confidential, pertaining to

9 the alien’s admission or presence in the

10 United States.

11 ‘‘(e) ORDERS.—

12 ‘‘(1) PLACEMENT IN FURTHER PRO13

CEEDINGS.—If an immigration judge determines

14 that the unaccompanied alien child has met the bur15

den of proof under subsection (d)(2), the judge shall

16 order the alien to be placed in further proceedings

17 in accordance with section 240.

18 ‘‘(2) ORDERS OF REMOVAL.—If an immigration

19 judge determines that the unaccompanied alien child

20 has not met the burden of proof required under sub21

section (d)(2), the judge shall order the alien re22

moved from the United States without further hear23

ing or review unless the alien claims—

24 ‘‘(A) an intention to apply for asylum

25 under section 208; or

11

MDM14553 S.L.C.

1 ‘‘(B) a fear of persecution.

2 ‘‘(3) CLAIMS FOR ASYLUM.—If an unaccom3

panied alien child described in paragraph (2) claims

4 an intention to apply for asylum under section 208

5 or a fear of persecution, the officer shall order the

6 alien referred for an interview by an asylum officer

7 under subsection (f).

8 ‘‘(f) ASYLUM INTERVIEWS.—

9 ‘‘(1) DEFINED TERM.—In this subsection, the

10 term ‘credible fear of persecution’ means, after tak11

ing into account the credibility of the statements

12 made by the alien in support of the alien’s claim and

13 such other facts as are known to the officer, there

14 is a significant possibility that the alien could estab15

lish eligibility for asylum under section 208.

16 ‘‘(2) CONDUCT BY ASYLUM OFFICER.—An asy17

lum officer shall conduct interviews of aliens referred

18 under subsection (e)(3).

19 ‘‘(3) REFERRAL OF CERTAIN ALIENS.—If the

20 officer determines at the time of the interview that

21 an alien has a credible fear of persecution, the alien

22 shall be held in the custody of the Secretary of

23 Health and Human Services pursuant to section

24 235(b) of the William Wilberforce Trafficking Vic25

tims Protection Reauthorization Act of 2008 (8

12

MDM14553 S.L.C.

1 U.S.C. 1232(b)) during further consideration of the

2 application for asylum.

3 ‘‘(4) REMOVAL WITHOUT FURTHER REVIEW IF

4 NO CREDIBLE FEAR OF PERSECUTION.—

5 ‘‘(A) IN GENERAL.—Subject to subpara6

graph (C), if the asylum officer determines that

7 an alien does not have a credible fear of perse8

cution, the officer shall order the alien removed

9 from the United States without further hearing

10 or review.

11 ‘‘(B) RECORD OF DETERMINATION.—The

12 officer shall prepare a written record of a deter13

mination under subparagraph (A), which shall

14 include—

15 ‘‘(i) a summary of the material facts

16 as stated by the applicant;

17 ‘‘(ii) such additional facts (if any) re18

lied upon by the officer;

19 ‘‘(iii) the officer’s analysis of why, in

20 light of such facts, the alien has not estab21

lished a credible fear of persecution; and

22 ‘‘(iv) a copy of the officer’s interview

23 notes.

24 ‘‘(C) REVIEW OF DETERMINATION.—

13

MDM14553 S.L.C.

1 ‘‘(i) RULEMAKING.—The Attorney

2 General shall establish, by regulation, a

3 process by which an immigration judge will

4 conduct a prompt review, upon the alien’s

5 request, of a determination under subpara6

graph (A) that the alien does not have a

7 credible fear of persecution.

8 ‘‘(ii) MANDATORY COMPONENTS.—

9 The review described in clause (i)—

10 ‘‘(I) shall include an opportunity

11 for the alien to be heard and ques12

tioned by the immigration judge, ei13

ther in person or by telephonic or

14 video connection; and

15 ‘‘(II) shall be conducted—

16 ‘‘(aa) as expeditiously as

17 possible;

18 ‘‘(bb) within the 24-hour pe19

riod beginning at the time the

20 asylum officer makes a deter21

mination under subparagraph

22 (A), to the maximum extent

23 practicable; and

24 ‘‘(cc) in no case later than 7

25 days after such determination.

14

MDM14553 S.L.C.

1 ‘‘(D) MANDATORY PROTECTIVE CUS2

TODY.—Any alien subject to the procedures

3 under this paragraph shall be held in the cus4

tody of the Secretary of Health and Human

5 Services pursuant to Section 235(b) of the Wil6

liam Wilberforce Trafficking Victims Protection

7 Reauthorization Act of 2008 (8 U.S.C.

8 1232(b))—

9 ‘‘(i) pending a final determination of

10 credible fear of persecution; and

11 ‘‘(ii) after a determination that the

12 alien does not such a fear, until the alien

13 is removed.

14 ‘‘(g) LIMITATION ON ADMINISTRATIVE REVIEW.—

15 ‘‘(1) IN GENERAL.—Except as provided in sub16

section (f)(4)(C) and in paragraph (2), a removal

17 order entered in accordance with subsection (e)(2) or

18 (f)(4)(A) is not subject to administrative appeal.

19 ‘‘(2) RULEMAKING.—The Attorney General

20 shall establish, by regulation, a process for the

21 prompt review of an order under subsection (e)(2)

22 against an alien who claims under oath, or as per23

mitted under penalty of perjury under section 1746

24 of title 28, United States Code, after having been

15

MDM14553 S.L.C.

1 warned of the penal ties for falsely making such

2 claim under such conditions to have been—

3 ‘‘(A) lawfully admitted for permanent resi4

dence;

5 ‘‘(B) admitted as a refugee under section

6 207; or

7 ‘‘(C) granted asylum under section 208.’’.

8 (2) CLERICAL AMENDMENT.—The table of con9

tents for the Immigration and Nationality Act (8

10 U.S.C. 1101 et seq.) is amended by inserting after

11 the item relating to section 235A the following:

‘‘Sec. 235B. Humane and expedited inspection and screening for unaccompanied

alien children.’’.

12 (b) JUDICIAL REVIEW OF ORDERS OF REMOVAL.—

13 Section 242 of the Immigration and Nationality Act (8

14 U.S.C. 1252) is amended—

15 (1) in subsection (a)—

16 (A) in paragraph (1), by inserting ‘‘, or an

17 order of removal issued to an unaccompanied

18 alien child after proceedings under section

19 235B’’ after ‘‘section 235(b)(1)’’; and

20 (B) in paragraph (2)—

21 (i) by inserting ‘‘or section 235B’’

22 after ‘‘section 235(b)(1)’’ each place it ap23

pears; and

24 (ii) in subparagraph (A)—

16

MDM14553 S.L.C.

1 (I) in the subparagraph heading,

2 by inserting ‘‘OR 235B’’ after ‘‘SEC3

TION 235(b)(1)’’; and

4 (II) in clause (iii), by striking

5 ‘‘section 235(b)(1)(B),’’ and inserting

6 ‘‘section 235(b)(1)(B) or 235B(f);’’;

7 and

8 (2) in subsection (e)—

9 (A) in the subsection heading, by inserting

10 ‘‘OR 235B’’ after ‘‘SECTION 235(b)(1)’’;

11 (B) by inserting ‘‘or section 235B’’ after

12 ‘‘section 235(b)(1)’’ in each place it appears;

13 (C) in subparagraph (2)(C), by inserting

14 ‘‘or section 235B(g)’’ after ‘‘section

15 235(b)(1)(C)’’; and

16 (D) in subparagraph (3)(A), by inserting

17 ‘‘or section 235B’’ after ‘‘section 235(b)’’.

18 SEC. 5. DUE PROCESS PROTECTIONS FOR UNACCOM19

PANIED ALIEN CHILDREN PRESENT IN THE

20 UNITED STATES.

21 (a) SPECIAL MOTIONS FOR UNACCOMPANIED ALIEN

22 CHILDREN.—

23 (1) FILING AUTHORIZED.—Beginning on the

24 date that is 60 days after the date of the enactment

25 of this Act, the Secretary of Homeland Security,

17

MDM14553 S.L.C.

1 notwithstanding any other provision of law, may, at

2 the sole and unreviewable discretion of the Sec3

retary, permit an unaccompanied alien child who

4 was issued a Notice to Appear under section 239 of

5 the Immigration and Nationality Act (8 U.S.C.

6 1229) during the period beginning on January 1,

7 2013, and ending on the date of the enactment of

8 this Act—

9 (A) to appear, in-person, before an immi10

gration judge who has been authorized by the

11 Attorney General to conduct proceedings under

12 section 235B of the Immigration and Nation13

ality Act, as added by section 4;

14 (B) to attest to their desire to apply for

15 admission to the United States; and

16 (C) to file a motion to apply for admission

17 to the United States by being placed in pro18

ceedings under section 235B of the Immigra19

tion and Nationality Act.

20 (2) MOTION GRANTED.—An immigration judge

21 may, at the sole and unreviewable discretion of the

22 judge, grant a motion filed under paragraph (1)(C)

23 upon a finding that—

24 (A) the petitioner was an unaccompanied

25 alien child (as defined in section 235 of the Wil18

MDM14553 S.L.C.

1 liam Wilberforce Trafficking Victims Protection

2 Reauthorization Act of 2008 (8 U.S.C. 1232))

3 on the date on which a Notice to Appear was

4 issued to the alien under section 239 of the Im5

migration and Nationality Act (8 U.S.C. 1229);

6 (B) the Notice to Appear was issued dur7

ing the period beginning on January 1, 2013,

8 and ending on the date of the enactment of this

9 Act;

10 (C) the unaccompanied alien child is apply11

ing for admission to the United States; and

12 (D) the granting of such motion would not

13 be manifestly unjust.

14 (3) EFFECT OF MOTION.—Notwithstanding any

15 other provision of law, upon the granting of a mo16

tion under paragraph (2)—

17 (A) the immigration judge who granted

18 such motion shall, while the petitioner remains

19 in-person, immediately inspect and screen the

20 petitioner for admission to the United States by

21 conducting a proceeding under section 235B of

22 the Immigration and Nationality Act; and

23 (B) the petitioner shall not be subject to

24 the 5-year expedited removal bar under section

19

MDM14553 S.L.C.

1 212(a)(6)(B) of the Immigration and Nation2

ality Act (8 U.S.C. 1182(a)(6)(B)).

3 (4) PROTECTIVE CUSTODY.—An unaccompanied

4 alien child who has been granted a motion under

5 paragraph (2) shall be held in the custody of the

6 Secretary of Health and Human Services pursuant

7 to section 235 of the William Wilberforce Traf8

ficking Victims Protection Reauthorization Act of

9 2008 (8 U.S.C. 1232).

10 SEC. 6. EMERGENCY IMMIGRATION JUDGE RESOURCES.

11 (a) DESIGNATION.—Not later than 14 days after the

12 date of the enactment of this Act, the Attorney General

13 shall designate up to 40 immigration judges, including

14 through the hiring of retired immigration judges or mag15

istrate judges, or the reassignment of current immigration

16 judges, that are dedicated to conducting humane and ex17

pedited inspection and screening for unaccompanied alien

18 children under section 235B of the Immigration and Na19

tionality Act, as added by section 4.

20 (b) REQUIREMENT.—The Attorney General shall en21

sure that sufficient immigration judge resources are dedi22

cated to the purpose described in subsection (a) to comply

23 with the requirement under section 235B(b)(1) of the Im24

migration and Nationality Act.

20

MDM14553 S.L.C.

1 SEC. 7. PROTECTING CHILDREN FROM HUMAN TRAF2

FICKERS, SEX OFFENDERS, AND OTHER

3 CRIMINALS.

4 Section 235(c)(3) of the William Wilberforce Traf5

ficking Victims Protection Reauthorization Act of 2008 (8

6 U.S.C. 1232(c)(3)) is amended—

7 (1) in subparagraph (A), by inserting ‘‘, includ8

ing a mandatory biometric criminal history check’’

9 before the period at the end; and

10 (2) by adding at the end the following—

11 ‘‘(D) PROHIBITION ON PLACEMENT WITH

12 SEX OFFENDERS AND HUMAN TRAFFICKERS.—

13 ‘‘(i) IN GENERAL.—The Secretary of

14 Health and Human Services may not place

15 an unaccompanied alien child in the cus16

tody of an individual who has been con17

victed of—

18 ‘‘(I) a sex offense (as defined in

19 section 111 of the Sex Offender Reg20

istration and Notification Act (42

21 U.S.C. 16911)); or

22 ‘‘(II) a crime involving a severe

23 form of trafficking in persons (as de24

fined in section 103 of the Trafficking

25 Victims Protection Act of 2000 (22

26 U.S.C. 7102)).

21

MDM14553 S.L.C.

1 ‘‘(ii) REQUIREMENTS OF CRIMINAL

2 BACKGROUND CHECK.—A biometric crimi3

nal history check under subparagraph (A)

4 shall be based on a set of fingerprints or

5 other biometric identifiers and conducted

6 through—

7 ‘‘(I) the Identification Division of

8 the Federal Bureau of Investigation;

9 and

10 ‘‘(II) criminal history repositories

11 of all States that the individual lists

12 as current or former residences.’’.

13 SEC. 8. NATIONAL GUARD DEPLOYMENTS IN RESPONSE TO

14 LARGE-SCALE BORDER CROSSINGS AND RE15

SOURCES FOR STATE AND LOCAL BORDER

16 SECURITY EFFORTS.

17 (a) NATIONAL GUARD DEPLOYMENTS.—Section 902

18 of title 32, United States Code, is amended—

19 (1) by striking ‘‘The Secretary’’ and inserting

20 the following:

21 ‘‘(a) IN GENERAL.—The Secretary’’;

22 (2) by striking the comma after ‘‘Secretary’’;

23 and

24 (3) by adding at the end the following:

22

MDM14553 S.L.C.

1 ‘‘(b) MANDATORY REIMBURSEMENT.—If the gov2

ernor of a State deploys personnel of the National Guard

3 in response to the apprehension of 6,000 or more unac4

companied alien children (as defined in section 462(g) of

5 the Homeland Security Act of 2002 (6 U.S.C. 279(g)))

6 who are nationals of countries other than Canada or Mex7

ico, the Secretary of Defense shall reimburse such State

8 for any expenses incurred by the State as a result of such

9 deployment.’’.

10 (b) STATE AND LOCAL ASSISTANCE.—

11 (1) IN GENERAL.—The Federal Emergency

12 Management Agency shall enhance law enforcement

13 preparedness, humanitarian responses, and oper14

ational readiness along the Southern border through

15 Operation Stonegarden.

16 (2) GRANTS AND REIMBURSEMENTS.—

17 (A) IN GENERAL.—Amounts appropriated

18 pursuant to paragraph (3) shall be used for

19 grants and reimbursements to State and local

20 governments in Border Patrol sectors on the

21 Southern border for—

22 (i) personnel, overtime, travel, and

23 other costs related to combating illegal im24

migration and drug smuggling; and

23

MDM14553 S.L.C.

1 (ii) costs related to providing humani2

tarian relief to unaccompanied alien chil3

dren who have entered the United States.

4 (B) FUNDING FOR STATE AND LOCAL GOV5

ERNMENTS.—Grants and reimbursements au6

thorized subparagraph (A) shall be made by the

7 Federal Emergency Management Agency

8 through a competitive process.

9 (3) AUTHORIZATION OF APPROPRIATIONS.—

10 (A) IN GENERAL.—There are authorized to

11 be appropriated, for fiscal years 2014 and

12 2015, such sums as may be necessary to carry

13 out this subsection.

14 (B) OFFSET.—Any amounts appropriated

15 pursuant to subparagraph (A) shall be offset by

16 an equal reduction in the amounts appropriated

17 for other purposes.

18 (C) RESCISSION.—If the reductions re19

quired under subparagraph (B) are not made

20 during the 180-day period beginning on the

21 date of the enactment of this Act, there shall be

22 rescinded, from all unobligated amounts appro23

priated for any Federal agency (other than the

24 Department of Defense), on a proportionate

24

MDM14553 S.L.C.

1 basis, an amount equal to the amount appro2

priated pursuant to subparagraph (A).

3 (c) SCOPE OF NATIONAL GUARD AUTHORITY.—Sec4

tion 902 of title 32, United States Code, as amended by

5 subsection (a), is further amended by adding at the end

6 the following:

7 ‘‘(c) SCOPE OF AUTHORITY.—Notwithstanding sec8

tion 1385 of title 18 or any other provision of law, Na9

tional Guard personnel who are deployed to conduct home10

land defense activities near an international border are au11

thorized to detain any person, and transfer such person

12 to the custody of U.S. Border Patrol or another appro13

priate Federal law enforcement agency, if there is probable

14 cause that such person has violated any Federal law relat15

ing to—

16 ‘‘(1) immigration;

17 ‘‘(2) drug trafficking;

18 ‘‘(3) human trafficking; or

19 ‘‘(4) terrorism.’’.

 

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