§ 1122 : LIMITATIONS ON DANGEROUS DEPORTATION PRACTICES.

CERTIFICATION REQUIRED.—

1.

IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, and every 180 days thereafter, the Secretary, except as provided in paragraph (2), shall submit written certification to Congress that the Department has only deported or otherwise removed a migrant from the United States through an entry or exit point on the Southern border during daylight hours

2.

EXCEPTION.—The certification required under paragraph (1) shall not apply to the deportation or removal of a migrant otherwise described in that paragraph if—

A.

the manner of the deportation or removal is justified by a compelling governmental interest; or

B.

the manner of the deportation or removal is in accordance with an applicable Local Arrangement for the Repatriation of Mexican Nationals entered into by the appropriate Mexican Consulate; or

C.

the migrant is not an unaccompanied minor and the migrant —

i.

is deported or removed through an entry or exit point in the same sector as the place where the migrant was apprehended; or

ii.

agrees to be deported or removed in such manner after being notified of the intended manner of deportation or removal.

ADDITIONAL INFORMATION REQUIRED.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a study of the Alien Transfer Exit Program, which shall include —

1.

the specific locations on the Southern border where lateral repatriations have occurred during the 1-year period preceding the submission of the study.

2.

the performance measures developed by U.S. Customs and Border Protection to determine if the Alien Transfer Exit Program is deterring migrants from repeatedly crossing the border or otherwise reducing recidivism; and

3.

the consideration given, if any, to the rates of violent crime and the availability of infrastructure and social services in Mexico near such locations.

PROHIBITION ON CONFISCATION OF PROPERTY.—Notwithstanding any other provision of law, lawful, nonperishable belongings of a migrant that are confiscated by personnel operating under Federal authority shall be returned to the migrant before repatriation, to the extent practicable.