Sec. 1602. Expedited Asylum Determinations
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Title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) is amended by inserting after section 208 the following: In the case of any alien who enters the United States without lawful status the procedures described in this section shall apply. On arrival to a humanitarian campus an alien shall be provided a mandatory rest period for 72 hours after initial processing of the alien occurs. The Secretary of Homeland Security shall ensure that an alien who is subject to this section shall undergo an initial screening within 15 days after arrival at a humanitarian campus, which shall consist of the following:
The Secretary of Homeland Security shall ensure each asylum seeker is able to make contact with legal counsel within the first week of arrival, prior to sitting for a credible fear interview. Any alien seeking asylum who fails to pass the initial credible fear interview shall be subject to expedited removal under section 235. In the case of aliens who successfully pass a credible fear interview, an asylum officer may triage cases and make final decisions on asylum cases not later than 45 days after an initial screening is completed under subsection (c).
A secondary screening shall consist of the following: An asylum officer shall be required to deny or approve the application for asylum or refer complex or uncertain cases to an immigration judge. Any application for asylum of an alien that is denied under paragraph
(1)shall be subject to expedited review, not later than 7 days after such denial, by an asylum officer other than the asylum officer who denied such application. Any decision to deny or approve an application under this section may not be subject to judicial review, except as provided in paragraphs
(4)and (5). In any circumstance in which new evidence related to the applicant arises during consideration, an additional review may be conducted by an asylum officer within 7 days after such new evidence arises. An alien that is a member of a vulnerable population may request additional review. A member of a vulnerable population includes any individual who is— a pregnant woman or a nursing mother; a woman at disproportionate risk of sexual or gender-based violence, exploitation, or abuse; a person at risk of violence due to their sexual orientation or gender identity; a person with a disability; an elderly person; a person with urgent medical needs; a stateless person; and a person holding a valid humanitarian visa. An additional review conducted with respect to an alien meeting the requirements of paragraph
(3)or
(4)may uphold the previous determination or be referred to an immigration judge for a final decision. Any alien who is denied asylum status under this subsection shall be subject to expedited removal under section 235. If referred to an immigration judge, the following shall apply: In the case that an asylum officer refers a case to an immigration judge after a secondary or additional review, each alien subject to such referral shall receive a Notice to Appear and be permitted to leave the humanitarian campus. Each such alien shall be placed in a case management program. Each alien in case management shall be consistently monitored, and each adult shall wear a wrist GPS tracker and check in regularly with case officers. Any alien placed in case management who is an adult, parent, or legal guardian shall check in on a weekly basis using automated telephone technology that confirms the caller’s identity and location. Any alien who fails to comply with the case management requirements under this subsection shall be denied asylum and subject to expedited removal under section 235. In this section, the term humanitarian campus means the campus described in section 472 of the Homeland Security Act of 2002. . The amendment made by this section shall take effect as soon as practicable, but not later than 1 year after the date of enactment of this Act.
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Sec. 1602
Expedited Asylum Determinations
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