Sec. 12. Procedures for ensuring accuracy and verifiability of sworn statements taken pursuant to expedited removal authority
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The Secretary shall establish quality assurance procedures to ensure the accuracy and verifiability of signed or sworn statements taken by employees of the Department of Homeland Security exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ). Any sworn or signed written statement taken from an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act shall be accompanied by a recording of the interview which served as the basis for such sworn statement.
The recording shall include— a reading of the entire written statement to the alien in a language that the alien claims to understand; and the verbal affirmation by the alien of the accuracy of— the written statement; or a corrected version of the written statement. The recording shall be made in video, audio, or other equally reliable format. Recordings of interviews under this subsection may be considered as evidence in any further proceedings involving the alien. Subsection
(b)shall not apply to interviews that occur at detention facilities exempted by the Secretary under this subsection. The Secretary, or the Secretary’s designee, may exempt any detention facility if compliance with subsection
(b)at that facility would impair operations or impose undue burdens or costs. The Secretary shall annually submit a report to Congress that identifies the facilities that have been exempted under this subsection. Nothing in this subsection may be construed to create a private cause of action for damages or injunctive relief. The Secretary shall ensure that a professional fluent interpreter is used if— the interviewing officer does not speak a language understood by the alien; and there is no other Federal Government employee available who is able to interpret effectively, accurately, and impartially.
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Sec. 12
Procedures for ensuring accuracy and verifiability of sworn statements taken pursuant to expedited removal authority
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