HR 5163 — To provide for the expedited processing of unaccompanied alien children illegally entering the United States, and for other purposes.

1 sponsors · 0 co-sponsors · 546 not signed on

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Frequently asked questions

What does HR 5163 do?

Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to declare that any unaccompanied alien child (UAC) who has not been a victim of a severe form of trafficking in persons or does not have a credible fear of persecution on returning to his or her country of nationality (or of last habitual residence) shall be: (1) placed in removal proceedings, (2) eligible for voluntary departure at no cost to the child, and (3) provided with access to counsel. (Currently such expedited removal requirements apply only to unaccompanied children from countries contiguous to the United States.) Directs the Secretary of State to negotiate repatriation agreements between the United States and countries from which large numbers of UACs are unlawfully entering the United States. (Currently such agreements are to be negotiated between the United States and countries contiguous to the United States.) Requires that a UAC be placed on a return flight to his or her country of nationality (or of last habitual residence) within 72 hours of screening barring cost, feasibility, and any relevant repatriation agreements. Provides for expedited removal of a UAC who is a member of, or affiliated with, a criminal street gang. Requires mandatory Department of Homeland Security (DHS) detention of a UAC apprehended by U.S. Border Patrol or U.S. Immigration and Customs Enforcement (ICE) until the child: (1) voluntarily departs or is removed from the United States, or (2) is admitted as a refugee or asylee. Amends the Immigration and Nationality Act to require an immigration judge to: (1) conduct a proceeding to inspect and determine the status of a UAC who is an applicant for U.S. admission not later than 7 days after the child's screening, and (2) determine within 72 hours of the proceeding's conclusion whether a UAC is admissible (or eligible for relief from removal) or should be removed (unless the alien claims asylum or a substantial fear of persecution). States that: (1) if a UAC intends to make a claim of asylum or substantial fear of persecution the child shall be referred to an asylum officer who shall determine in an interview whether there is a substantial fear of persecution, and (2) if there is no substantiated fear of persecution the UAC shall be ordered removed without further hearing or review. Revises the definition of "refugee." Requires DHS detention of an alien seeking asylum until the alien is removed or granted asylum. Extends the bar on U.S. reentry to 10 years for previously removed aliens and for certain aliens who were illegally in the United States but voluntarily departed. Requires the Secretary of DHS to report to Congress annually detailing apprehended illegal aliens, voluntary departures, removals, and grants of refugee or asylee status. Prohibits the Secretary of DHS from making criminal alien program funds available to: a state or local government entity that has in place a law or policy that prohibits or restricts a government entity or official from sending to, or receiving from, the responsible federal immigration agency information regarding an individual's citizenship or immigration status; or a state or political subdivision that has in place a law or policy that prevents the state or subdivision from carrying out an agreement regarding specified powers of immigration officers and employees. Directs the Secretary of State to include in any public service announcement relating to U.S. immigration for radio and television broadcast or Internet publication in El Salvador, Guatemala, Honduras, or Mexico the penalties for entering the United States in contravention of the immigrations laws.

Who sponsors HR 5163?

HR 5163 is sponsored by Bill Cassidy (R).

What is the current status of HR 5163?

This bill died with 113th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Where can I track HR 5163?

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