Sec. 136. Study on effect on asylum claims of expedited removal provisions, practices, and procedures
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/bill/116/s/2936/is/section-136·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Commission shall conduct a study to determine whether immigration officers are engaging in conduct described in paragraph (2). The conduct described in this paragraph is the following: Improperly encouraging an alien to withdraw or retract an asylum claim. Incorrectly failing to refer an alien for an interview by an asylum officer to determine whether the alien has a credible fear of persecution, including failing to record the expression of an alien of fear of persecution or torture.
Incorrectly removing an alien to a country in which the alien may be persecuted. Detaining an alien improperly or under inappropriate conditions. Improperly separating a family unit after a member of the family unit has expressed a credible fear of persecution. Improperly referring an alien for processing under an enforcement or deterrence program, such as the consequence delivery system. Not later than 2 years after the date on which the Commission initiates the study under subsection (a), the Commission shall submit to the appropriate committees of Congress a report describing the results of the study.
The Commission may identify employees of the Department of Homeland Security, the Department of Justice, and the Government Accountability Office who 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 the employees 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)(B) 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. In this section: The term appropriate committees of Congress means— the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate; and the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House of Representatives. The term Commission means the United States Commission on International Religious Freedom. The term credible fear of persecution has the meaning given the term in section 235(b)(1)(B)(v) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B)(v) ). The term immigration officer means 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; may be eligible to apply for asylum under section 208 of that Act ( 8 U.S.C. 1158 ); or may have a credible fear of persecution.
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Sec. 136
Study on effect on asylum claims of expedited removal provisions, practices, and procedures
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