Sec. 13. Study on the effect of expedited removal provisions, practices, and procedures on asylum claims
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The United States Commission on International Religious Freedom (referred to in this section as the Commission ) is authorized to conduct a study to determine whether immigration officers described in paragraph
(2)are engaging in conduct described in paragraph (3). An immigration officer described in this paragraph is an immigration officer performing duties under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ) with respect to aliens who— are apprehended after entering the United States; and may be eligible to apply for asylum under section 208 or 235 of such Act. An immigration officer engages in conduct described in this paragraph if the immigration officer— improperly encourages an alien referred to in paragraph
(2)to withdraw or retract claims for asylum; incorrectly fails to refer such an alien for an interview by an asylum officer to determine whether the alien has a credible fear of persecution (as defined in section 235(b)(1)(B)(v) of such Act ( 8 U.S.C. 1225(b)(1)(B)(v) )); incorrectly removes such an alien to a country in which the alien may be persecuted; or detains such an alien improperly or under inappropriate conditions. Not later than 2 years after the date on which the Commission initiates the study under subsection (a), the Commission shall submit a report containing the results of the study to— the Committee on Homeland Security and Governmental Affairs of the Senate ; the Committee on the Judiciary of the Senate ; the Committee on Foreign Relations of the Senate ; the Committee on Homeland Security of the House of Representatives ; the Committee on the Judiciary of the House of Representatives ; and the Committee on Foreign Affairs of the House of Representatives . The Commission may identify employees of the Department of Homeland Security, the Department of Justice, and the Government Accountability Office that have significant expertise and knowledge of refugee and asylum issues. At the request of the Commission, the Secretary, the Attorney General, and the Comptroller General of the United States shall authorize staff identified under subparagraph
(A)to assist the Commission in conducting the study under subsection (a). The Commission may hire additional staff and consultants to conduct the study under subsection (a). Except as provided in subparagraph (B), the Secretary and the Attorney General shall provide staff designated under paragraph
(1)or hired under paragraph
(2)with unrestricted access to all stages of all proceedings conducted under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ). The Secretary and the Attorney General may not permit unrestricted access under subparagraph
(A)if— the alien subject to a proceeding under such section 235(b) objects to such access; or the Secretary or Attorney General determines that the security of a particular proceeding would be threatened by such access.
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Sec. 13
Study on the effect of expedited removal provisions, practices, and procedures on asylum claims
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