Sec. 9103. Expedited asylum adjudications
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/bill/117/hr/6637/ih/section-9103·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other provision of law, in the case of an application for asylum under section 208 of the Immigration and Nationality Act made by an alien who is traveling with the spouse or child of that alien, of by an unaccompanied alien child (as such term is defined in section 462(g) of the Homeland Security Act of 2002), such an application shall be given priority in processing and consideration, including in accordance with the requirements of this section. Except as otherwise provided in this section, an application described in subsection
(a)shall be processed and considered by an immigration judge prior to any other application for asylum under the immigration laws based on the month that the application was filed, starting with the most recent month and working backwards. The Attorney General may temporarily waive the application of this subsection on a case by case basis for purposes of relieving any backlog in processing applications for asylum. The Attorney General shall take such actions as may be practicable to commence a hearing not later than 45 days after the application is received. In the case of any applicant described in subsection
(a)who is being held at a regional processing center, not later than 180 days after that applicant’s arrival and processing, there shall be a hearing on the asylum application of such applicant before an immigration judge. Such hearings may be conducted via teleconference. The Director of the Office of Refugee Resettlement shall establish a program to, using refugee resettlement community and faith-based organizations and nonprofits, provide necessities for any applicant described in subsection
(a)awaiting a hearing before an immigration judge, including housing, basic necessities, access to medical care, access to mental treatment resources, and legal orientation programs. The Family Case Management Program may be used in certain situations in which a hearing may be anticipated to take longer than 150 days to conclude, or in cases where remaining in a Regional Processing Center would cause unreasonable hardship on an individual, such as cases involving a disability, injury, a pregnant woman or girl, nursing mother, an elderly person, a survivor of torture and trauma, a survivor of gender-based violence or other violent crimes, a victims of trafficking, or other special circumstances as determined by the Attorney General. Any applicant given priority under this section who is an adult, parent, or legal guardian, shall wear an electronic monitoring device and shall check in on a weekly basis using automated telephone technology that confirms a caller’s identity and location. An electronic monitoring device shall be used in the case of— any alien affirmatively claiming asylum as a defense against removal; any alien the Secretary of Homeland Security determines to be a flight risk; any alien who violates requirements under the Family Case Management Program; or any alien who satisfies such additional criteria as the Secretary may establish. The Attorney General is authorized to enter into contracts with or award grants to nonprofit agencies providing direct services and goods to asylum seekers. The Attorney General shall take steps to provide for the appointment of counsel for vulnerable populations and in particularly complex cases. For purposes of this section, the term vulnerable means, in the case of an alien, that circumstances exist in the case of that alien that may require that the Secretary of Homeland Security engage in additional intervention, assistance, and care, including that the alien is— an unaccompanied or separated child; a child accompanied by a parent, other family member, or guardian; a pregnant woman or girl, or a nursing mother; the sole or primary caregiver of a dependent child, elderly person, or person with disability; a woman at risk of sexual or gender-based violence, exploitation, or abuse; a person at risk of violence due to their sexual orientation or gender identify; a person at risk of suicide; a person with a disability; an elderly person; a person with substance addiction; a person who is destitute; a survivor of torture and trauma; a survivor of sexual or gender-based violence or other violent crimes; a victim of trafficking; or a stateless person.