The proposed legislation will have significant implications for the treatment of unaccompanied minor immigrants. It alters existing protocols surrounding their custody and repatriation, specifically by mandating that children who do not meet specific criteria be transferred to the Secretary of Health and Human Services within 30 days for removal. Additionally, amendments in the law would change how the special immigrant juvenile status is granted, ensuring it is not available to those whose reunification with a parent is viable based on state law considerations regarding abuse and neglect.
Summary
House Bill 2417, titled the 'Protection of Children Act of 2023', seeks to amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. The primary objective of the bill is to facilitate the expedited removal of unaccompanied alien children who do not qualify as victims of severe forms of trafficking and do not exhibit any fear of returning to their country of nationality or last habitual residence. By allowing for quicker deportations, the bill aims to streamline immigration processes concerning unaccompanied minors.
Contention
Critics of HB 2417 raise concerns about the potential for expedited removals to undermine the protections currently in place for vulnerable minors. The bill's strict criteria for eligibility and expedited procedures are seen as risky, as they may prevent some children from receiving the necessary protections they could otherwise be entitled to. Discussions surrounding the bill notably reflect a divide between proponents advocating for tighter immigration control and opponents concerned about the welfare and rights of children caught in the immigration system.
Related
Border Security and Enforcement Act of 2023 Legal Workforce Act Immigration Parole Reform Act of 2023 Visa Overstays Penalties Act Protection of Children Act of 2023 Ensuring United Families at the Border Act Border Safety and Migrant Protection Act of 2023 Asylum Reform and Border Protection Act of 2023
Related
Secure the Border Act of 2023 This bill addresses issues regarding immigration and border security, including by imposing limits to asylum eligibility. For example, the bill requires the Department of Homeland Security (DHS) to resume activities to construct a wall along the U.S.-Mexico border; provides statutory authorization for Operation Stonegarden, which provides grants to law enforcement agencies for certain border security operations; prohibits DHS from processing the entry of non-U.S. nationals (aliens under federal law) arriving between ports of entry; limits asylum eligibility to non-U.S. nationals who arrive in the United States at a port of entry; authorizes the removal of a non-U.S. national to a country other than that individual's country of nationality or last lawful habitual residence, whereas currently this type of removal may only be to a country that has an agreement with the United States for such removal; expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for driving while intoxicated causing another person's serious bodily injury or death; authorizes DHS to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border; prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors; authorizes immigration officers to permit an unaccompanied alien child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application; imposes additional penalties for overstaying a visa; and requires DHS to create an electronic employment eligibility confirmation system modeled after the E-Verify system and requires all employers to use the system.