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H.R. 1149

Protection of Children Act of 2015

Protection of Children Act of 2015

This bill amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to eliminate the special repatriation requirements for unaccompanied alien children (UAC) who are nationals or residents of a country contiguous to the United States. (The same removal requirements are applied to all UACs who are not victims of a severe form of trafficking in persons and who do not have a fear of returning to their country of nationality or last habitual residence.)

An immigration officer who finds an inadmissible UAC at a land border or port of entry shall return the child to his or her country of nationality or of last habitual residence. (Such authority is now only discretionary.)

The Department of State is authorized to negotiate agreements between the United States and other countries for the repatriation of children. (Under current law the State Department is required to negotiate agreements between the United States and countries contiguous to the United States for the repatriation of children.)

An unaccompanied child who is not a victim of a severe form of trafficking in persons, and does not have a fear of returning to his or her country of nationality or last habitual residence, but who is:

  • in removal proceedings shall have a hearing before an immigration judge within 14 days,
  • in federal custody shall be transferred to Department of Health and Human Services (HHS) custody within 30 days, and
  • in HHS or Department of Homeland Security (DHS) custody shall have access to legal counsel at no cost to the government.

HHS, before placing a child with an individual, shall provide DHS with the individual's name, Social Security number, date of birth, residence location, and immigration status, if known.

DHS shall investigate the immigration status of the individual with whom the child is placed, and initiate removal proceedings if that individual is unlawfully present in the United States.

Such requirements are applied to any unauthorized child apprehended on or after June 15, 2012.

The Immigration and Nationality Act is amended with respect to: (1) special immigrant juvenile status, and (2) jurisdiction of asylum applications.

Ordered to be Reported by the Yeas and Nays: 17 - 13.

Rep. Carter, John R. [R-TX-31](R-TX)Sponsor
40 cosponsors40 R
40cosponsors2committees9actions1related bills17subjects
  1. Committee

    Ordered to be Reported by the Yeas and Nays: 17 - 13.

    Judiciary Committee
  2. Committee

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  3. Committee

    Subcommittee on Immigration and Border Security Discharged.

    Judiciary Committee
  4. Committee

    Referred to the Subcommittee on Immigration and Border Security.

    Immigration Integrity, Security, and Enforcement Subcommittee
  5. IntroReferralH11100

    Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Foreign Affairs Committee
  6. IntroReferralH11100-A

    Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  7. IntroReferralH11100

    Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Judiciary Committee
  8. IntroReferralIntro-H

    Introduced in House

  9. IntroReferral1000

    Introduced in House

Protection of Children Act of 2015 — Informed