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Code · BILL · 119th Congress · H.R. 4393 (Introduced in House) — To secure the border and reform the immigration laws. · Sec. 1501

Sec. 1501. Humanitarian campuses

1,228 words·~6 min read·/bill/119/hr/4393/ih/section-1501·

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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: Not later than 12 months after the effective date of this section, the Secretary shall establish not fewer than 3 humanitarian campuses 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 humanitarian campus ). The humanitarian campuses shall carry out processing and management activities for asylum seekers apprehended at the border, 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; and any other activity the Secretary considers appropriate.
In conducting 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) ), the officer shall consider, in addition to whether the alien has a credible fear of persecution, whether the alien may be prima facie eligible for any other form of relief from removal, including— withholding of removal under section 241(b)(3) or any cause or claim under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment; status under subparagraph
(T)or
(U)of section 101(a)(15); special immigrant juvenile status; family reunification pursuant to an approved I–130 petition; and any other basis for relief from removal under the immigration laws. The humanitarian campuses 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 humanitarian campus; 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) ); sufficient space to carry out the processing, management, and legal orientation activities described in subsection (b); sufficient consumables, including toothbrushes, toothpaste, feminine hygiene products, other personal hygiene supplies, clothing, and baby products; sufficient recreational space for children and families; access to legal resources, including law books, that would permit an individual without legal counsel to prepare for an asylum hearing; and sufficient visitation space for non-legal visits, as well as access to secure and confidential telephone and video teleconferencing facilities, for which they may not be charged a price higher than cost to operate. 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 humanitarian campus 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 at a humanitarian campus, 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 individuals, shall have access to humanitarian campuses for purposes of— legal orientation programming; providing case management services or establishing case management services; coordination with the Department with respect to the care of families and individuals held in humanitarian campuses, 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 humanitarian campuses under paragraph
(1)that ensure— the safety of personnel of, and aliens in, humanitarian campuses; and the orderly management and operation of humanitarian campuses. Aliens in a humanitarian campus 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 in a humanitarian campus to visit with, and make free 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 in a humanitarian campus 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 Commissioner of U.S. Customs and Border Protection, in consultation with the interagency coordinating council established under paragraph (2), shall operate the humanitarian campuses. There is established an interagency coordinating committee for the purpose of coordinating operations and management of the humanitarian campuses. 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 humanitarian campuses, upon agreement between the Commissioner of U.S. Customs and Border Protection and the head of such other agency. The Department of Homeland Security Office of Inspector General shall— conduct unannounced inspections of the humanitarian campuses at least twice per year; and on an annual basis, prepare and submit a report detailing compliance with subsection
(g)that shall be posted on a public website. Absent exceptional circumstances, aliens shall undergo a complete full screening under this section not later than 15 days after being processed at the campus, including screening for gang, cartel, or criminal affiliation, legal orientation, and initial credible fear interview. .
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