Sec. 6. Office for Civil Rights and Civil Liberties impact assessment
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/bill/117/hr/2839/ih/section-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 90 days after the date of the enactment of this Act, the Officer for Civil Rights and Civil Liberties of the Department shall complete a full impact assessment of asylum processing and determinations with respect to credible fear of persecution carried out at— regional processing centers established under section 437(a) of the Homeland Security Act of 2002; and any other Department of Homeland Security facility at which a legally determinative aspect of the asylum process occurs. The impact assessment required by subsection
(a)shall include— a description of the considerations relating to civil rights and civil liberties taken into account by the Secretary in developing and implementing asylum processing at such regional processing centers; a description of— with respect to potential civil rights and civil liberties violations, stakeholder feedback gathered before and during the implementation of asylum processing at regional processing centers; and the steps taken by the Secretary to gather and respond to such feedback and any changes made to asylum processing based on such feedback; an assessment of the ability of the language access plans of the Department of Homeland Security to allow Department personnel to communicate effectively with aliens with limited English proficiency who are placed in asylum processing, including any specific challenges faced by speakers of indigenous languages; a review of the language access plan of each component of the Department of Homeland Security to ensure each language access plan provides uniform guidance so as to allow Department personnel to communicate effectively with aliens with limited English proficiency, including speakers of indigenous languages, during asylum processing; a review of any negative impact on the ability of the Department of Homeland Security to process aliens during the asylum process due to language deficiencies and translation difficulties, including longer processing times, increased expenses as a result of increased translation services, and increases in the length of time aliens are detained by the Department; an assessment of the impact of current Department of Homeland Security policies and procedures for processing and adjudicating asylum claims, including language access plans and other accommodations, on vulnerable populations, especially on— individuals with mental health challenges, trauma, or physical health conditions; and pregnant individuals; any other current or historical guidance or policy review provided by the Office for Civil Rights and Civil Liberties to Department of Homeland Security components regarding asylum processing programs previously implemented or used by the Department; and any other element— the Officer for Civil Rights and Civil Liberties of the Department considers necessary; required by law; or requested by the Secretary. Not later than 90 days after the date on which the impact assessment required by subsection
(a)is completed, the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security shall submit to the Secretary and the appropriate committees of Congress a report on the results of the impact assessment. The report required by paragraph
(1)shall include— a description of potential civil rights and civil liberties violations that are directly related to— whether the Department of Homeland Security’s practices, standards, guidelines, and regulations ensure that aliens who experience language barriers, illiteracy, mental health issues, trauma, physical health conditions, pregnancy, or other conditions are not at a disadvantage with respect to credible fear determinations under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ); an alien’s— inability to understand basic explanations of legal information; or limited English proficiency; and an alien’s inability to consult with 1 or more individuals of his or her choosing before such interview; an assessment of the impact of expedited asylum processing initiatives operated by the Department of Homeland Security during the 10-year period preceding the date of the enactment of this Act on the civil rights and civil liberties of migrants enrolled in such initiatives; an assessment of any other civil rights or civil liberties violation relating to asylum processing; recommended updates to the language access plan of any component of the Department of Homeland Security to prevent the potential civil rights and civil liberties violations identified under subparagraph (A); recommendations— to improve the processing and adjudication of speakers of indigenous languages; and to adapt language access plans to accommodate such individuals; recommendations for the appropriate use by Department of Homeland Security components of updated language access plans; recommended modifications to improve asylum processes to better serve vulnerable populations such as those with mental or physical health challenges, trauma, and pregnant individuals; recommended modifications to policies and procedures relating to asylum processing that would allow asylum processing to achieve compliance with current standards and guidelines of the Office for Civil Rights and Civil Liberties of the Department; and any other recommendation the Officer for Civil Rights and Civil Liberties considers appropriate. Not later than 60 days after the date on which the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security submits the report under subsection (c), the Secretary shall submit to the appropriate committees of Congress an implementation plan that addresses the findings and recommendations contained in the report. The implementation plan required by paragraph
(1)shall include a description of— the recommendations contained in the report under subsection
(c)addressed by the plan; any such recommendation not addressed by the plan and a justification for declining to address the recommendation; and any other matter the Secretary considers relevant to the implementation of such recommendations. Not later than the date on which the Secretary submits the plan required by paragraph (1), the Secretary shall publish the plan in the Federal Register.
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Sec. 6
Office for Civil Rights and Civil Liberties impact assessment
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