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Summary of 5-20 amendments

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					Siskind Summary

Greg Siskind (gsiskind@visalaw.com)

Summary of Amendments from 5-20-2013




Summary of Amendments from May 20, 2013

Part I

Leahy 3

Intended to provide work authorization for aliens eligible for Violence Against Women Act self-
petitioning or for T or U visas while those applications are pending.

Amends Section 2305 which gives work authorization after approval. Amendment grants VAWA
applicants EADs if no decision on their case is made within 180 days (like asylees).

Inserts a new Section 3407 “Work Authorization While Applications For U and T Visas Are Pending”
which also grants U and T right to an EAD if no decision on their cases made within 180 days.



Hatch 7

Ends processing of Amerasian refugee claims after passage of bill.



Feinstein 3

Adds a new Section 3408 entitled “Tibetan Refugee Assistance”. Grants 5000 immigrant visas per year
for three years beginning 10/1/2013 for natives of Tibet (including their kids and grandchildren) residing
in India or Nepal before bill passage. Preference given to those not resettled in India or Nepal who are
most likely to be resettled successfully in the US.



Grassley 2

Amends Section 3303 on the mandatory exit system. It requires DHS to report to other agencies any
alien lawfully admitted into the US and whose individual data in the integrated exit data system shows
that he or she has not departed the country when he or she was legally required to do so. DHS shall
ensure that the alien has departed as required and will update the data system to reflect the person’s
departure. If the person has not departed, DHS will ensure that all reasonable available enforcement
resources are employed to locate the person and commence removal proceeds against the person.



Klobuchar 2

Amends Section 3201 to add elder abuse to the list of predicate crimes for U Visas.



Franken 8

Adds a new Section 3507 at the end of subtitle E of Title III.

Requires leftover funds from HHS/ORR William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 to be transferred to DOJ to be used to carry out functions set forth in that
bill for the DOJ.



Graham 1

Creates a new Section 3408 “Termination of Asylum or Refugee Status”.

Asylees/refugees who, without good cause, return to the country of the person’s nationality, or in the
case of an alien having no nationality, returns to any country in which such alien last habitually resided
and who applies for such status on the basis of persecution in one of the categories applicable to
asylum/refugee claims, shall have his or her status terminated. Cubans are exempted.



Coons 5

New section not yet numbered which would require all aliens in removal proceedings to be provided at
the beginning of the process or at a reasonable time thereafter. Adds new language to INA Section
240(b) which says that an alien shall at the beginning of the proceedings or at a reasonable time
thereafter, automatically receive a complete copy of all relevant documents in the possession of DHS
including all documents (other than those protected by privilege, including national security
information, law enforcement sensitive information and information prohibited from disclosure
pursuant to any other provision of law) contained in the file maintained by the government relating to
the alien’s immigration history. A removal proceeding may not proceed until the alien has received the
documents required by this provision.
Hatch 6

Modifies Section 3303 regarding the mandatory exit system. Adds new requirements. Within two years
of the date of enactment, DHS shall establish a mandatory biometric exit data system at the 10 largest
international airports. Within 5 years of bill passage, the Comptroller General of the US shall conduct a
study of the effectiveness of biometric exit data collection at these ten airports. Within six years of
enactment, DHS shall establish the biometric exit data system at all the Core 30 international airports in
the US. Also within six years, DHS shall submit a plan for the expansion to major sea and land entry and
exit points within the US.



Feinstein 4

Adds a new Section 3408 “Law Enforcement and National Security Checks”.

Requires a mandatory background check, including biographic and biometric data, for those seeking
refugee or asylum status.



Coons 8

Adds a new Section 3408 (or whatever number is assigned) entitled “Asylum Clock”.

Ensures that applicants for asylum are granted employment authorization within 180 days of applying
regardless of the court or DHS pausing the application process.



Feinstein 5

Inserts a new Section 3611 entitled “Detecting and Preventing Child Trafficking”.

DHS shall mandate the live training of all CBP personnel who are likely to come in to contact with
unaccompanied alien children. Such training shall incorporate the services of independent child welfare
professionals with expertise in culturally competent, trauma-centered and developmentally appropriate
interviewing skills to assist CBP in screening children attempting to enter the US.



Feinstein 7

Adds a new Subtitle H – Protection of Children Affected by Immigration Enforcement

Section 3801. Short Title.

The “Humane Enforcement and Legal Protections for Separated Children Act”
Section 3802. Definitions.

Apprehension – detention or arrest by officials of DHS

Child – Those under 18

Child Welfare Agency – State or local agency responsible for SSA child welfare services

Cooperating Entity – state or local agency acting under agreement with DHS

Detention facility – Federal, state or local facilities or privately owned facilities holding individuals under
the authority of ICE, including facilities that hold individuals under a contract with ICE.

Immigration Enforcement Action – apprehension of 1 or more individuals whom DHS has reason to
believe are removable from the US

Parent – Biological or adoptive parent whose rights have not been relinquished or terminated.



Section 3803. Apprehension Procedures for Immigration Enforcement-Related Activities

In any enforcement action, DHS shall as soon as possible, but generally not later than 2 hours after an
enforcement action, inquire whether an individual is a parent or primary caregiver of a child in the US
and provide such individuals with the opportunity to make a minimum of 2 phone calls to arrange for
the care of such child and contract information for child welfare agencies and family courts in the child’s
area and consulates, attorneys and legal service providers who can help. DHS shall notify child welfare
agencies if the caregiver is unable to make care arrangements or the child in in imminent risk of serious
harm. DHS shall ensure that personnel of DHS do not compel or request children to interpret or
translate for interviews of their parents as part of an immigration enforcement action. DHS shall ensure
that any parent of a child in the US is not transferred from his or her area of apprehension until the
person has made arrangements for the care of the child or, if such arrangements can’t be made, is
informed of the care arrangements for the child. The parent should be placed in a detention facility
either proximate to the location of apprehension or to the individual’s habitual place of residence.



Section 3804. Access to Children, State and Local Courts, Child Welfare Agencies and Consular Officials

At all detention facilities, DHS shall prominently post information on the protections of this subtitle and
information on potential eligibility for parole or release. DHS shall ensure that individuals who are
detained by DHS and are the parents of children in the US are permitted regular phone calls and contact
visits with their children, provided with contact information for child welfare agencies and family courts,
able to participate fully in all family court proceedings impacting their right to custody of their children,
granted free and confidential telephone calls to relevant child welfare agencies and family courts as
often as necessary to ensure the best interest of their children, including a preference for family unity
whenever appropriate, can be considered in child welfare agency or family court proceedings. DHS shall
ensure individuals are able to fully comply with all family court or child welfare agency orders impacting
custody of their children, provide access to US passport applications for the purpose of obtaining travel
documents for their children, afforded timely access to notary public services to help children apply for
passports or for executing guardianship or other agreements to ensure the safety of their children and
granted enough time before removal to obtain documents on behalf of their children if the children will
accompany them on their return to their country of origin. And where it wouldn’t impact public safety
or national security, DHS shall facilitate the ability of parents and caregivers to share information
regaridn travel arrangements with their consulate, children, welfare agencies or other caregivers prior
to the person’s departure from the US.

Section 3805. Mandatory Training.

DHS and other agencies shall develop training on the protections provided by the sections above to all
DHS personnel, cooperating entities, detenetion facilities and others who are likely to come in to
contact with individuals who are parents or primary caregivers of children in the US.



Section 3806. Rulemaking. DHS shall establish rules within 180 days.



Section 3807. Severability.



Lee 16

Amends Section 3707 by adding back crime of knowingly use of a fraudulent immigration document.



Coons 6.

Adds a new Section 3720 entitled “Reporting and Recordkeeping Requirements Relating to the
Detention of Aliens”.

DHS shall maintain information on detention mandated by this section and shall submit reports to
Congress. DHS, EOIR, the Director if ICE and the Director of USCIS shall develop a shared database, or
other system that allows for the databases of ICE and EOIR and USCIS to develop a shared database
relating t detained aliens. Until the database is operational, DHS shall track the case outcomes of each
detainee.

The database shall maintain the basis in law for the alien’s detention, the place where the alien was
apprehended, the location where ICE detains the alien until the alien is removed from custody, the
gender and age of each detained alien in the custody of ICE, the number of days the alien is detained,
the immigration charges being pursued, the status of the alien’s removal proceedings and each date on
which the proceedings progress between stages and the events that have occurred after the alien
received a final administrative or order of removal. It shall also include internal custody determinations
of ICE showing how it went, the risk assessment results, the release for the alien’s release.

Detained individuals awaiting removal shall provide similar information DHS.

The bill further provides limits on solitary confinement. Children can never be put in solitary
confinement. Those with mental illness can only be put in solitary for maximum of 15 days. Aliens put in
solitary are entitled to be informed verbally and in writing of the reasons for such confinement and
given access to counsel. Requires DHS review cases where a person is in solitary for more than 14 days.



Blumenthal 2

Makes further changes regarding solitary confinement. Solitary confinement is limited to situations to
control a threat to detainees, staff or the security of a facility, to discipline an alien for a serious
disciplinary infraction or for good order during the last 24 hours before an alien is released. Aliens
placed in solitary confinement may only be used for the least amount of time as is practicable. People in
solitary are to get three doctors visits or more per week. Those in for long periods shall have their cases
reviewed in a timely manner. Limits disciplinary segregation.

				
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