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H.R. 5137 (113th): Asylum Reform and Border Protection Act of 2014

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

7/17/2014--Introduced. Asylum Reform and Border Protection Act of 2014 - Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to direct the Secretary of State to negotiate agreements between the United States and other countries for the repatriation of children. Requires that such agreements protect children from severe forms of trafficking in persons and provide for their safe removal and repatriation. (Current law provides separate procedures for unaccompanied alien children from countries that are or are not contiguous to the United States.)

Subjects all children who do not make a claim of asylum or fear of persecution to initial screening and expedited removal. (Maintains the exception for Cuban children arriving by air.)

Prohibits the government from bearing any expense of counsel for any person in a removal or related appeal proceedings.

Adds an additional requirement in order to establish a credible fear of persecution claim in an asylum interview.

Limits humanitarian and public interest parole authority.

Prohibits the Secretary of Homeland Security (DHS) from using parole authority for an alien who is ineligible for refugee status.

Authorizes the DHS Secretary to designate groups as criminal street gangs. Requires detention for anyone found inadmissible or deportable for criminal street gang membership. Bars individuals found inadmissible or deportable for such membership from asylum, temporary protected status, or special immigrant juvenile status.

Amends the Homeland Security Act of 2002 to revise the definition of "unaccompanied alien child."

Prohibits an unaccompanied alien child (UAC) from applying for asylum if such child: (1) may be removed to a safe third country, or (2) has not applied for asylum within one year after arrival in the United States.

Provides for additional immigration judges and U.S. Immigration and Customs Enforcement (ICE) attorneys.

National Security and Federal Lands Protection Act - Prohibits the Secretary of the Interior or the Secretary of Agriculture (USDA) from restricting specified U.S. Customs and Border Protection (CBP) activities on federal land within 100 miles of an international land border to: (1) execute search and rescue operations, and (2) prevent unlawful U.S. entries through the international land borders of the United States.

Directs the Secretary of State to suspend all foreign assistance to certain countries that refuse to: (1) negotiate a child repatriation agreement, or (2) accept from the United States repatriated unaccompanied alien children who are nationals or residents of the sending country.

Permits the use of foreign assistance for repatriation and reintegration purposes.