Sec. 1502. 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 after the date of enactment of this Act, 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, including ensuring that 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.
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 within 45 days after an initial screening is completed under subsection (c). A secondary screening shall consist of the following: A positive credible fear interview shall be treated as an application for asylum, withholding of removal, and protection under the Convention Against Torture. A positive reasonable fear interview shall be treated as an application for withholding of removal or protection under the Convention against Torture, whichever is relevant to the asylum officer’s basis for finding a reasonable fear.
A two-person asylum officer panel conducting a secondary screening shall— deny or approve the application for asylum; and refer complex or uncertain asylum, withholding of removal, Convention Against Torture, or other cases in which an alien has been determined to be prima facie eligible for other forms of relief pursuant to section 437(b)(2) of this Act, to an immigration judge for a hearing under section 1229a of title 8, United States Code. A secondary screening shall be conducted by a panel of two asylum officers at a humanitarian campus.
After conducting a secondary screening, the asylum officers shall each independently vote to approve the application, refer the application to an immigration judge as complex or uncertain, or deny the application. If both asylum officers vote to approve the application, it shall be approved. If both asylum officers vote to deny the application, it shall be denied. If there is disagreement, or both asylum officers vote to refer the application to an immigration judge, the application shall be referred to an immigration judge for a hearing under section 1229a of title 8, United States Code.
The officers shall prepare a written record of a secondary screening under subparagraph (B). Such record shall include a summary of the material facts, as stated by the applicant, such additional facts (if any) relied upon by the officers, and each officer’s analysis of why the alien has or has not established eligibility for asylum. A copy of each officer’s screening notes shall be attached to the written summary. In secondary screenings under this subsection, under regulations of the Secretary of Homeland Security— the alien shall have the privilege of being represented, at no expense to the Federal Government, by counsel of the alien’s choosing; and the alien shall have a reasonable opportunity to examine the evidence against the alien and to present evidence on the alien’s own behalf.
Any application for asylum of an alien that is denied under paragraph
(3)shall be subject to expedited review upon request of the alien, not later than 7 days after such denial, by a two-asylum officer panel consisting of asylum officers other than the asylum officers who denied such application. After reviewing the record of the secondary screening and any additional submission by the alien or the alien’s representative, the asylum officers shall each independently vote whether to uphold the appeal or deny the appeal. If both asylum officers vote to uphold the appeal, the alien’s application shall be approved. If both asylum officers vote to deny the application, the appeal shall be denied. If there is disagreement, the application shall be referred to an immigration judge for a hearing under section 1229a of title 8, United States Code. In any expedited appeal, the alien shall— have the privilege of being represented, at no expense to the Federal Government, by counsel of the alien’s choosing; and have a reasonable opportunity to submit evidence and make arguments as to why the decision made under paragraph
(3)was incorrect. 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 or law related to the applicant arises during consideration, or a fundamental change in country conditions arises during consideration, an additional review may be conducted by an asylum officer within 7 days after such new evidence or law arises, or country conditions change. 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; 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 check in regularly with case officers and be consistently monitored in a manner which ensures the Department of Homeland Security’s ability to electronically verify each person’s location. 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. Absent extraordinary circumstances, 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. 1502
Expedited Asylum Determinations
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