Sec. 4. Credible fear determination and asylum process improvement pilot programs
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The Secretary and the Attorney General shall develop pilot programs to facilitate— fair and more efficient asylum decisions under section 208(b) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b) ); fair and more efficient credible fear determinations under section 235(b)(1)(B) of that Act ( 8 U.S.C. 1225(b)(1)(B) ); improved access to legal counsel; and improved case management of aliens awaiting asylum hearings or decisions. The Secretary and the Attorney General shall not implement any pilot program under this section until the workforce plan described in subsection
(d)is fully implemented. The Attorney General and the Secretary shall ensure that each alien enrolled in a pilot program under this section receives a complete, live legal orientation presentation before any legally determinative aspect of the asylum process occurs. Not less than 90 days before the implementation of any new asylum processing policy or procedure under this section, the Secretary and the Attorney General shall provide to the appropriate committees of Congress notice of such implementation, including a description of any modification to a policy, procedure, practice, or training related to asylum processing. The goal of the pilot programs under this section shall be to develop strategies to improve the asylum process to determine a final disposition fairly and more efficiently while ensuring that aliens apprehended along the southwest border and placed into removal proceedings are given a fair opportunity to effectively make an asylum claim or other relevant claim for relief, including the opportunity to retain and consult with counsel under section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) before any legally determinative aspect of the asylum process occurs. The Secretary and the Attorney General may not enroll in a pilot program under this section— an unaccompanied alien child; a pregnant individual; or an individual with a disability or an acute medical condition. The Secretary and the Attorney General shall take every appropriate step to ensure that each pilot program participant has a full opportunity to exercise all legal process rights afforded under law. The pilot programs under this section shall be fully compliant with section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ), and the Secretary and the Attorney General shall consult with nongovernmental organizations to facilitate access to counsel for pilot program participants. The pilot programs under this section may include case management programming for participants who are awaiting immigration court hearings, which may include— the provision of information about legal rights, responsibilities, and procedures; basic assistance in identifying relevant forms and documents; facilitating the attendance of aliens at their immigration court hearings; and any other relevant case management assistance the Secretary and the Attorney General consider appropriate. Participation in a pilot program under this section shall not abrogate any existing right of an alien to request judicial review, including under section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ), of a decision related to his or her case. The Secretary shall— identify the staffing requirements necessary to carry out the pilot programs under this section, including the number of trained U.S. Citizenship and Immigration Services officers necessary to conduct all asylum interviews, credible fear interviews, and reasonable fear interviews; and develop a workforce plan for each such pilot program. Each alien enrolled in a pilot program under this section shall be afforded an opportunity to consult with 1 or more individuals of their choosing in a private consultation area, prior to a credible fear interview under section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ). Each alien enrolled in such a pilot program shall be provided a contact list of potential legal resources and providers. The Secretary shall develop written procedures to permit aliens enrolled in such a pilot program to make telephone calls at no cost 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. The Secretary and the Attorney General shall provide each alien enrolled in a pilot program under this section with any written materials produced by the Department of Homeland Security or the Department of Justice in a language the alien understands. In the case of an alien who is unable to read the written materials provided under paragraph (1), the Secretary and the Attorney General shall ensure that the materials are explained verbally to the alien in a language the alien understands. Not later than 24 hours after apprehension, and not less than 24 hours before initially appearing before an asylum officer or immigration judge in connection with a claim for asylum, an alien enrolled in a pilot program under this section shall be provided the opportunity to receive a complete legal orientation presentation administered in cooperation with the Executive Office for Immigration Review. Not later than the date on which implementation of a pilot program under this section commences or not later than 180 days after the date of the enactment of this Act, whichever is earlier, the Secretary and the Attorney General shall submit to appropriate committees of Congress an evaluation plan for the pilot program that includes the following: Well-defined, clear, and measurable objectives. Performance criteria or standards for determining the performance of the pilot program. Clearly articulated evaluation methodology, including— sound sampling methods; a determination of the appropriate sample size for the evaluation design; and a strategy for tracking the pilot program’s performance and evaluating the final results. A plan detailing the sources of data necessary to evaluate the pilot program, methods for data collection, and the timing and frequency of data collection. Not less than 90 days before the implementation of a pilot program under this section, the Secretary and the Attorney General shall provide to the appropriate committees of Congress notice of such implementation, including a description of any modification to a pilot program policy, procedure, practice, or training relating to asylum processing. Each notice required by paragraph
(1)shall include a description of the following: The procedures and policies to ensure all asylum interviews are conducted by trained U.S. Citizenship and Immigration Services asylum officers. The procedures and policies to ensure credible fear interviews are only done remotely in limited and exigent circumstances and the likely exigent circumstances that the officers conducing the pilot program may encounter. The procedures and policies to ensure any credible fear interviews done remotely shall be videotaped and a written transcript shall be produced. Procedures and policies used to ensure questions asked by Department of Homeland Security personnel who exercise expedited removal authority under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ) are asked in a uniform manner, to the greatest extent possible. Not later than 1 year after the date on which implementation of a pilot program under this section commences or not later than 1 year after the date of the enactment of this Act, whichever is earlier, and annually thereafter until the date on which the pilot program terminates, the Secretary and the Attorney General shall submit to the appropriate committees of Congress a report on the pilot programs under this section. Each report required by paragraph
(1)shall include the following: An evaluation of the pilot program using the evaluation plan described in subsection (h). A discussion of the performance criteria or standards established under subsection (h)(2) and an assessment as to whether modifications to the criteria or standards are necessary. An assessment of the staffing levels necessary to carry out the pilot program and a description of any effect of current staffing levels on the ability of the Secretary to carry out the responsibilities of the Secretary with respect to border security. A description of the resources required to transport aliens in connection with the pilot program. A description of the resources necessary to improve legal orientation presentations and access to counsel in connection with the pilot program, consistent with section 7. A description of the information technology systems used in connection with the pilot program and an assessment as to whether additional resources or upgrades are necessary. An analysis of the effect of access to counsel under subsection
(e)and language access under subsection
(f)on the outcomes of credible fear determinations under section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ). Recommendations for any legislative changes needed to further implement or expand the pilot programs. An explanation of any impediment to implementing the pilot programs, if relevant. Nothing in this section may be construed to authorize an extension of the duration for which an alien would otherwise be detained. The authority of the Secretary and the Attorney General to carry out this section shall terminate on the date that is 3 years after the date of the enactment of this Act.
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Sec. 4
Credible fear determination and asylum process improvement pilot programs
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