S. 3322

119 S3322 IS: Upholding Protections for Unaccompanied Children Act of 2025
 U.S. Senate
 2025-12-03
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II
 119th CONGRESS  1st Session
 S. 3322
 IN THE SENATE OF THE UNITED STATES
 December 3, 2025
  Ms. Cortez Masto  (for herself,  Mr. Blumenthal ,  Mr. Wyden ,  Ms. Rosen ,  Mr. Merkley ,  Mr. Luján ,  Mr. King ,  Mr. Hickenlooper ,  Mr. Kim ,  Mr. Welch ,  Ms. Hirono ,  Mr. Schiff ,  Ms. Duckworth ,  Mr. Kelly ,  Ms. Smith ,  Mr. Bennet ,  Mrs. Murray ,  Mr. Heinrich ,  Mr. Markey ,  Mr. Sanders , and  Mr. Durbin ) introduced the following bill; which was read twice and referred to the  Committee on the Judiciary
 A BILL
To amend or repeal certain provisions of  Public Law 119–21  that undermine protections and heighten dangers for unaccompanied alien children, and for other purposes.
1.
Short title
This Act may be cited as the   Upholding Protections for Unaccompanied Children Act of 2025  .
2.
Fees
(a)
Asylum fee
Section 100002 of  Public Law 119–21  is amended by adding at the end the following:
(f)
Exception
The fee otherwise required under this section shall not apply to any individual who is, or was previously determined to be, an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )).
 .
(b)
Employment authorization document fee
Section 100003 of  Public Law 119–21  is amended by adding at the end the following:
(d)
Exception
The fee otherwise required under this section shall not apply to any individual who is, or was previously determined to be, an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )).
 .
(c)
Special immigrant juvenile fee
(1)
Repeal
Section 100005 of  Public Law 119–21  is repealed.
(2)
Clarification
The Secretary of Homeland Security may not impose a fee in connection with any alien, parent, or legal guardian of an alien applying for special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) ).
(d)
Annual asylum fee
Section 100009 of  Public Law 119–21  is amended by adding at the end the following:
(e)
Exception
The fee otherwise required under this section shall not apply to any individual who is, or was previously determined to be, an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )).
 .
(e)
Employment authorization renewal fees
(1)
Employment authorization for parolees
Section 100010 of  Public Law 119–21  is amended by adding at the end the following:
(e)
Exception
The fee otherwise required under this section shall not apply to any individual who is, or was previously determined to be, an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )).
 .
(2)
Employment authorization for asylum applicants
Section 100011 of  Public Law 119–21  is amended by adding at the end the following:
(e)
Exception
The fee otherwise required under this section shall not apply to any individual who is, or was previously determined to be, an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )).
 .
(3)
Employment authorization for aliens granted temporary protected status
Section 100012 of  Public Law 119–21  is amended by adding at the end the following:
(e)
Exception
The fee otherwise required under this section shall not apply to any individual who is, or was previously determined to be, an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )).
 .
(f)
Immigration court fees
Section 100013 of  Public Law 119–21  is amended by adding at the end the following:
(l)
Exception
The fees otherwise required under this section shall not apply to any individual who is, or was previously determined to be, an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )).
 .
(g)
In absentia removal fee
Section 100016(c) of  Public Law 119–21  is amended by inserting before the period at the end the following:  , or to any individual who is, or was previously determined to be, an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )) .
(h)
Border apprehension fee
Section 100017 of  Public Law 119–21  is amended by inserting at the end the following:
(e)
Exception
The fee otherwise required under this section shall not apply to any individual who is, or was previously determined to be, an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )).
 .
3.
Upholding protection screenings and a fair legal process
Section 100051 of  Public Law 119–21  is amended by striking paragraph (8).
4.
Limitations on body examinations
(a)
Body examinations conducted by the Office of Refugee Resettlement
Section 87001(b) of  Public Law 119–21  is amended—
(1)
by striking paragraph (3); and
(2)
by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.
(b)
Body examinations conducted by the Department of Homeland Security
Section 100051 of  Public Law 119–21  is amended—
(1)
by striking paragraph (11); and
(2)
by redesignating paragraphs (9), (10), and (12) as paragraphs (8), (9), and (10), respectively.
5.
Sponsor information sharing
Section 87001 of  Public Law 119–21 , as amended by section 4(a), is further amended by adding at the end the following:
(d)
Limitation on information sharing
The Secretary of Health and Human Services shall ensure that information obtained under this section is not shared with Department of Homeland Security or any other Federal agency for the purpose of enforcing the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )).
 .
6.
Refund of fees
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security or the Attorney General shall refund each fee paid by, or on behalf of, any individual under a provision of law that is repealed or amended under this Act to exempt such individual from such payment to the individual or entity who paid such fee.