S 3322

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IN THE SENATE OF THE UNITED STATES

December 3, 2025

Ms. Cortez Masto (for herself, Mr. Blumenthal, Mr. Wyden, Ms. Rosen, Mr. Merkley, Mr. Lujan, 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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Upholding Protections for Unaccompanied Children Act of 2025”.

SEC. 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(1) Repeal.—Section 100005 of Public Law 119-21 is repealed.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))).”.

SEC. 3. UPHOLDING PROTECTION SCREENINGS AND A FAIR LEGAL PROCESS.

Section 100051 of Public Law 119-21 is amended by striking paragraph (8).

SEC. 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.

SEC. 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))).”.

SEC. 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. <all>