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Code · BILL · 117th Congress · H.R. 2839 (Introduced in House) — To establish regional processing centers, to improve the asylum and credible fear processes to promote fairness and e... · Sec. 3

Sec. 3. Regional processing centers

1,025 words·~5 min read·/bill/117/hr/2839/ih/section-3·

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Subtitle C of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 231 et seq.) is amended by adding at the end the following: The Secretary shall establish not fewer than 4 regional processing centers located in high traffic sectors of U.S. Border Patrol, as determined by the Secretary, along the southern border land border of the United States (referred to in this section as a regional processing center ). The regional processing centers shall carry out processing and management activities, including— criminal history checks; identity verification; biometrics collection and analysis; medical screenings; asylum interviews and credible fear determinations under section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ) and reasonable fear determinations under section 241(b)(3)(B) of that Act ( 8 U.S.C. 1231(b)(3)(B) ); facilitating coordination and communication between Federal entities and nongovernmental organizations that are directly involved in providing assistance to aliens; legal orientation programming and communication between aliens and outside legal counsel; issuance of legal documents relating to immigration court proceedings of aliens; short-term detention of not more than 72 hours before release or transfer to another facility; and any other activity the Secretary considers appropriate.
The regional processing centers shall include— personnel assigned from— U.S. Customs and Border Protection; U.S. Immigration and Customs Enforcement; the Federal Emergency Management Agency; U.S. Citizenship and Immigration Services; and the Office of Refugee Resettlement; upon agreement with an applicable Federal agency, personnel from such Federal agency who are assigned to the regional processing center; sufficient medical staff, including physicians specializing in pediatric or family medicine, nurse practitioners, and physician assistants; licensed social workers; mental health professionals; child advocates appointed by the Secretary of Health and Human Services under section 235(c)(6)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(6)(B) ); and sufficient space to carry out the processing and management activities described in subsection (b).
Each criminal history check carried out under subsection (b)(1) shall be conducted using a set of fingerprints or other biometric identifier obtained from— the Federal Bureau of Investigation; the criminal history repositories of all States that the individual listed as a current or former residence; and any other appropriate Federal or State database resource or repository, as determined by the Secretary. Subject to operational and spatial availability, in the event of a major disaster or emergency declared under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.) or any homeland security crisis requiring the establishment of a departmental Joint Task Force under section 708(b), the Secretary may temporarily utilize a regional processing center to carry out operations relating to such declaration or crisis. The Department may accept donations from private entities, nongovernmental organizations, and other groups independent of the Federal Government for the care of children and family units detained at a regional processing center, including— medical goods and services; school supplies; toys; clothing; and any other item intended to promote the well-being of such children and family units.
Private entities and nongovernmental organizations that are directly involved in providing humanitarian or legal assistance to families and individuals encountered by the Department along the southwest border of the United States, or organizations that provide assistance to detained individuals, shall have access to regional processing centers for purposes of— legal orientation programming; coordination with the Department with respect to the care of families and individuals held in regional processing centers, including the care of families and individuals who are released or scheduled to be released; communication between aliens and outside legal counsel; the provision of humanitarian assistance; and any other purpose the Secretary considers appropriate.
Not later than 60 days after the date of the enactment of this section, the Secretary shall publish in the Federal Register procedures relating to access to regional processing centers under paragraph
(1)that ensure— the safety of personnel of, and aliens detained in, regional processing centers; and the orderly management and operation of regional processing centers. Aliens detained in a regional processing center shall have access to legal counsel in accordance with section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ), including the opportunity to consult with counsel before any legally determinative aspect of the asylum process occurs. The Secretary shall develop written procedures to permit aliens detained in a regional processing center to visit with, and make confidential telephone calls to, legal representatives and legal services providers and to receive incoming calls from legal representatives and legal services providers, in a private and confidential space while in custody, for the purposes of retaining or consulting with counsel or obtaining legal advice from legal services providers. An alien detained in a regional processing center shall be provided the opportunity to receive a complete legal orientation presentation administered by a nongovernmental organization in cooperation with the Executive Office for Immigration Review. The Secretary shall prioritize the provision of the legal orientation presentation required by paragraph
(1)to an alien within 12 hours of apprehension. In the case of an alien who does not receive such legal orientation presentation within 12 hours of apprehension, the Secretary shall ensure that the alien receives the presentation— not later than 24 hours after apprehension; and not less than 24 hours before the alien initially appears before an asylum officer or immigration judge in connection with a claim for asylum. The Commissioner of U.S. Customs and Border Protection, in consultation with the interagency coordinating council established under paragraph (2), shall operate the regional processing centers. There is established an interagency coordinating committee for the purpose of coordinating operations and management of the regional processing centers. The interagency coordinating committee shall be chaired by the Commissioner of U.S. Customs and Border Protection, or his or her designee, and shall include representatives designated by the heads of the following agencies: U.S. Immigration and Customs Enforcement. The Federal Emergency Management Agency. U.S. Citizenship and Immigration Services. The Office of Refugee Resettlement. Any other agency that supplies personnel to the regional processing centers, upon agreement between the Commissioner of U.S. Customs and Border Protection and the head of such other agency. .
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Sec. 3
Regional processing centers
U.S.C.§ 231
U.S.C.§ 1225
U.S.C.§ 1231
U.S.C.§ 1232
U.S.C.§ 5121
U.S.C.§ 1362
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