S 425 — Secure and Protect Act of 2023

Summary

Secure and Protect Act of 2023 This bill makes changes to the handling of unaccompanied alien children and asylum applications. (Aliens is the term in federal law used to describe non-U.S. nationals.) The Flores settlement (a court settlement imposing conditions on the treatment of detained alien minors) shall not restrict any activities. The Department of Homeland Security (DHS) shall have sole discretion as to the conditions of detention for such minors. Statutory provisions governing the handling of unaccompanied alien children from U.S.-bordering countries shall now govern all unaccompanied alien children. The bill provides for requirements relating to the handling of such children. Certain immigration officer determinations relating to unaccompanied alien children shall be unreviewable. DHS may detain accompanied alien children while removal proceedings are pending (some courts have ruled that Flores limits the detention of certain children to 20 days). States may not impose licensing requirements for family detention facilities. An unaccompanied alien child may not be released from custody while immigration or removal proceedings are pending, with some exceptions. The bill limits asylum eligibility to individuals entering the United States at a designated port of entry and provides for additional grounds for asylum ineligibility. A credible fear of persecution is redefined to mean that it is more likely than not that the individual would be able to establish eligibility for asylum. The Department of State must establish refugee application and processing centers in Mexico and Central America. The bill also requires the hiring of additional immigration judges, support staff, and U.S. Immigration and Customs Enforcement attorneys.

Bill Text

• Introduced Introduced in Senate Current html February 14, 2023

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends existing law to modify the detention and processing of alien minors, particularly unaccompanied alien children, under immigration statutes.

• 8 U.S.C. 1232

  (j) Promoting Family Unity.--(1) Detention of alien minors.--(A) In general.--Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the Secretary of Homeland Security may detain any alien minor (other than an unaccompanied alien child) who is inadmissible to the United States under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) or removable from the United States under section 237(a) of that Act (8 U.S.C. 1227(a)) pending the completion of removal proceedings, regardless of whether the alien minor was previously an unaccompanied alien child.

  This addition allows for the detention of alien minors regardless of previous unaccompanied status while their removal proceedings are ongoing.

• 8 U.S.C. 1232

  (kj) Applicability of Consent Decrees, Settlements, and Judicial Determinations.--(1) Flores settlement agreement inapplicable.--Any conduct or activity that was, before the date of the enactment of this subsection, subject to any restriction or obligation imposed by the stipulated settlement agreement filed on January 17, 1997, in the United States District Court for the Central District of California in Flores v. Reno, CV 85-4544-RJK, (commonly known as the 'Flores settlement agreement'), or imposed by any amendment of that agreement or judicial determination based on that agreement--(A) shall be subject to the restrictions and obligations under subsection (j) or imposed under any other provision of this Act; and (B) shall not be subject to the restrictions and the obligations imposed by such settlement agreement or judicial determination.

  This change prevents the Flores settlement agreement from imposing restrictions on the detainment of alien minors, thereby allowing broader detention authority.

• 8 U.S.C. 1232

  (2) Rules for other children → (2) Rules for repatriating unaccompanied alien children

  The renaming clarifies the focus of rules that apply specific to repatriation of unaccompanied alien children.

• 8 U.S.C. 1232

  who is a national or habitual resident of a country that is contiguous with the United States shall be treated in accordance with subparagraph (B) → shall be treated in accordance with this paragraph or subsection (b), as applicable

  This amendment provides a broader framework for the treatment of unaccompanied alien children beyond just those from contiguous countries.

• 8 U.S.C. 1232

  An immigration officer → (i) In general.--An immigration officer

  This specifies the responsibilities and contexts in which immigration officers intervene.

• 8 U.S.C. 1232

  the matter preceding subclause (B) of subparagraph (B) → If at the time of initial apprehension, an immigration officer determines, in the sole and unreviewable discretion of the immigration officer, that an unaccompanied alien child is not able to make an independent decision with respect to the withdrawal of his or her application for admission to the United States, the immigration officer shall refer the unaccompanied alien child for removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).

  This inserts a mechanism for referring children who can't make decisions regarding their admission applications to removal proceedings.

Action History

1. February 14, 2023

   Introduced in Senate

2. February 14, 2023

   Read twice and referred to the Committee on the Judiciary.

Sponsors

• Lindsey Graham · Primary
• Thomas Tillis · Cosponsor

Subjects