Sec. 106.
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/bill/116/hr/7669/rh/section-106·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Homeland Security shall establish metrics and collect data for assessing each modality through which aliens are removed, expelled, extradited, or otherwise involuntarily returned to Mexico or to a third country with respect to making an asylum claim for all such modalities that were implemented by the Department of Homeland Security after January 1, 2019. Such data shall include: For aliens removed, expelled, extradited, or otherwise involuntarily returned— the country to which the alien is removed, expelled, extradited or returned; whether the alien was a member of a family unit; the nationality of the alien; the gender of the alien; the age of the alien; the port of entry, Border Patrol Sector, or city and State, as appropriate, in which the alien was apprehended or processed; the departmental component and office responsible for such apprehension or processing; whether the alien belongs to a vulnerable group, as defined by the Secretary in collaboration with the Office of Civil Rights and Civil Liberties, and the vulnerable group to the which the alien belongs; whether the alien expresses fear, disaggregated by the number who receive a positive fear determination based on an interview by an asylum officer; whether the alien is represented by legal counsel; the location and facility type in which the alien was detained; and For aliens returned to Mexico— the number who appear at a port of entry to attend immigration adjudication proceedings; the number scheduled to appear at a port of entry for such proceedings who do not so appear; the outcomes of such proceedings, including data on the number of removals ordered in absentia; the number who remain overnight in the United States following such proceedings; and the number who subsequently reenter without inspection, disaggregated by adults and children who reenter unaccompanied.
For the purposes of this section, the term “fear” shall refer to credible or reasonable fear of: persecution, as defined in section 235(b)(1)(B)(v) of the Immigration and Nationality Act; or torture, as defined in section 208.31 of title 8, Code of Federal Regulations (as in effect on January 1, 2020). No Federal funds may be obligated or expended to implement a return modality for purposes of an alien establishing an asylum claim in a third country until the Secretary has certified to Congress that such third country has the capacity to assess asylum claims and safely resettle such claimants.
Beginning not later than 30 days after the date of enactment of this Act, the Secretary shall publish on a semi-monthly basis not less than the previous 12 months of the data required to be collected by subsection
(a)as of the last date of each reporting period on a publicly available website of the Department in a downloadable, searchable, and sortable format.