Reimagining Asylum Processing Act of 2021
This bill modifies the processing of asylum seekers, including by establishing humanitarian processing centers along the southern border.
The Department of Homeland Security must establish at least five humanitarian processing centers to process adult asylum seekers who arrive at the southern border and did not arrive as part of a family unit with minor children. The bill imposes certain requirements on these processing centers, including by (1) requiring a rest period of at least 72 hours from the asylum seeker's arrival before an asylum officer may conduct an interview to determine whether there is a credible fear of persecution, (2) limiting an asylum seeker's detention at a processing center to no longer than 15 days, (3) requiring the processing center to provide legal counsel and interpreters, and (4) requiring that appropriate nongovernmental organizations are authorized to monitor the processing centers for human rights abuses.
The bill also changes the processing of asylum seekers generally, including by (1) removing provisions requiring the mandatory detention of an asylum seeker after the credible fear interview; (2) prohibiting the use of information obtained from the interview for immigration enforcement; and (3) requiring an asylum officer conducting the interview to consider whether an asylum seeker is eligible for other forms of relief, such as special immigrant juvenile status.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5618 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5618
To amend the Immigration and Nationality Act to establish humanitarian
processing centers for asylum seekers along the southern border of the
United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 19, 2021
Ms. Escobar introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to establish humanitarian
processing centers for asylum seekers along the southern border of the
United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reimagining Asylum Processing Act of
2021''.
SEC. 2. HUMANITARIAN PROCESSING CENTERS FOR ASYLUM SEEKERS.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended--
(1) in section 235(b)(1)--
(A) in subparagraph (A)(ii), by adding at the end
the following: ``In the case of a covered asylum seeker
(as such term is defined in section 235B), the officer
shall transfer the alien to a humanitarian processing
center in accordance with section 235B not later than
12 hours after the covered asylum seeker is in the
custody of U.S. Customs and Border Protection.'';
(B) in subparagraph (B)--
(i) in clause (i), by inserting after ``a
port of entry'' the following: ``, at a
humanitarian processing center (in the case of
a covered asylum seeker (as such term is
defined in section 235B)),'';
(ii) in clause (ii), by striking ``the
alien shall be detained for further
consideration of the application for asylum.''
and inserting ``the officer shall release the
alien on their own recognizance or with a
referral to a nonprofit case management
service, or impose the least restrictive
alternative to detention if the Secretary
determines that the alien poses a security
threat.'';
(iii) in clause (iii)--
(I) in subclause (III)--
(aa) by inserting after
``an opportunity for the alien
to be heard'' the following:
``, including by being
questioned by counsel for the
alien,''; and
(bb) by adding at the end
the following: ``If the alien
is represented by counsel or
seeks representation by counsel
and requests the appearance
such counsel for purposes of
the review under this clause,
the hearing shall be
rescheduled so that counsel can
appear.''; and
(II) by striking subclause (IV);
(III) by adding at the end the
following:
``(IV) Requests for
reconsideration.--An alien may request
reconsideration of an asylum officer's
determination under subclause (I), and
removal shall be stayed until the
request has been fully considered. If
the request for reconsideration is not
granted, a written, detailed reasoning
for the denial shall be provided.
``(V) Interviews not conducted in
cbp custody.--Interviews of aliens
conducted under this subparagraph may
not be conducted of a covered asylum
seeker (as such term is defined in
section 235B) in the custody of U.S.
Customs and Border Protection or the
agents thereof.
``(VI) Limitation on consideration
of certain factors.--Interviews
conducted under this subparagraph shall
be limited to whether the alien has a
credible fear of persecution and to the
factors described in clause (vii). In
making such determination, the asylum
officer may not consider any of the
bars to asylum described in section
208(b)(2).''; and
(IV) by adding at the end the
following:
``(vi) Limitation on use of information
obtained during interview.--Information
obtained during an interview conducted under
this subparagraph may not be disclosed or used
for the purpose of immigration enforcement.
``(vii) Consideration of eligibility for
additional forms of relief.--In conducting an
interview under this subparagraph, the asylum
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--
``(I) 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;
``(II) status under subparagraph
(T) or (U) of section 101(a)(15);
``(III) special immigrant juvenile
status;
``(IV) family reunification
pursuant to an approved I-130 petition;
``(V) any other basis for relief
from removal under the immigration
laws.'';
(C) in subparagraph (E)--
(i) in the matter preceding clause (i), by
inserting after ``means an immigration
officer'' the following: ``employed in the
Refugee, Asylum and International Operations
Directorate of U.S. Citizenship and Immigration
Services'';
(ii) in clause (i), by striking ``and'' at
the end;
(iii) by redesignating clause (ii) as
clause (iii);
(iv) by inserting after clause (i) the
following:
``(ii) has had professional training in
eligibility criteria for the forms of relief
described in subparagraph (B)(vii), and''; and
(v) in clause (iii), as so redesignated, by
striking ``the condition described in clause
(i) and has had substantial experience
adjudicating asylum applications'' and
inserting ``the conditions described in clauses
(i) and (ii) and has had substantial experience
adjudicating asylum applications and
determining prima facie eligibility for the
forms of relief described subparagraph
(B)(vii)'';
(2) by inserting after section 235A the following:
``SEC. 235B. HUMANITARIAN PROCESSING CENTERS FOR ASYLUM SEEKERS.
``(a) Establishment of Humanitarian Processing Centers.--Not later
than one year after the date of enactment of this section, the
Secretary of Homeland Security shall establish 5 humanitarian
processing centers along the southern border of the United States, at
which a covered asylum seeker shall--
``(1) be interviewed by an asylum officer to determine
whether the alien has a credible fear of persecution;
``(2) receive legal orientation and case-management
referral services; and
``(3) receive a medical and mental health screening.
``(b) Covered Asylum Seeker.--In the section, the term `covered
asylum seeker' means an alien who--
``(1) arrives at the southern border of the United States
(whether or not at a designated port of arrival and including
an alien who is brought to the United States after having been
interdicted in international or United States waters);
``(2) is 18 years of age or older and does not arrive at
the souther border of the United States as part of a family
unit with minor children; and
``(3) indicates either an intention to apply for asylum
under section 208 or a fear of persecution.
``(c) Applicable Time Periods.--
``(1) Mandatory rest period.--An asylum officer may not
conduct an interview of a covered asylum seeker to determine
whether the alien has a credible fear of persecution until at
least 72 hours after the alien arrives at the humanitarian
processing center.
``(2) Notice to counsel.--Not later than 48 hours after a
covered asylum seeker arrives at a humanitarian processing
center, the asylum officer shall notify by email any counsel
for the alien who filed a notice of entry of appearance, using
the email address that is on such notice of entry of
appearance, of the impending interview to determine whether the
alien has a credible fear of persecution.
``(3) Limitation on detention at humanitarian processing
center.--A covered asylum seeker shall be detained at a
humanitarian processing center, for not longer than 15 days,
pending an interview by an asylum officer to determine whether
the alien has a credible fear of persecution. In the case that
an asylum officer has not conducted an interview of a covered
asylum seeker to determine whether the alien has a credible
fear of persecution prior to the expiration of the 15-day
period after the alien arrives at the humanitarian processing
center, the alien shall be released from the humanitarian
processing center and given a notice to appear under section
239 for the purpose of such interview.
``(d) Notice to Appear.--If the asylum officer determines that the
covered asylum seeker has a credible fear of persecution, the covered
asylum seeker shall be released from the humanitarian processing center
not later than 24 hours after such determination is made, and given a
notice to appear under section 239 at the immigration court that is
closest in proximity to the city in which the alien intends to
relocate. Prior to releasing an alien under this subsection, the asylum
officer shall provide advanced notice to, and shall coordinate with,
nonprofit shelters in or closest to the jurisdiction in which the alien
intends to relocate. An alien may only be released under this
subsection between normal business hours, unless the asylum officer
made special accommodations for the release of the alien outside of
those hours.
``(e) Repatriation.--If the asylum officer determines that the
covered asylum seeker does not have a credible fear of persecution, the
alien shall be removed in accordance with section 235(b)(1)(B)(iii).
The asylum officer shall provide the covered asylum seeker with
specific findings and a written decision supporting their decision, as
well as information on pursuing a reconsideration or judicial review of
the asylum officer's negative determination, in a language that the
covered individual can understand.
``(f) Ensuring Access to Interpreters.--Prior to conducting an
interview of a covered asylum seeker to determine whether the alien has
a credible fear of persecution, an asylum officer shall ascertain from
the alien the alien's primary language, and shall make an interpreter
available to the alien for such interview and for preparation for such
interview. In the case that an interpreter in the alien's primary
language is not available prior to the expiration of the 15-day period
described in subsection (c)(3), the alien shall be released and given a
notice to appear in accordance with such subsection.
``(g) Services.--The Secretary shall provide to covered asylum
seekers at humanitarian processing centers the following:
``(1) Orientation about the asylum seeking process.
``(2) Legal counsel and other materials to prepare for the
interview described in subsection (a).
``(3) Referrals to community-based case management
services.
``(4) Interpreters.
``(5) Medical and mental health screening.
``(h) Staff.--Each humanitarian processing center shall be staffed
and operated by U.S. Citizenship and Immigration Services personnel and
Office of Refugee Resettlement personnel. Immigration and Customs
Enforcement and Customs and Border Protection agents shall not staff
the center, except that Customs and Border personnel may be present for
limited administrative and data entry purposes.
``(i) Additional Service Providers.--The Secretary shall enter into
contracts with nonprofit legal service providers, medical providers,
and other nongovernmental organizations and community-based services to
provide services to covered asylum seekers at humanitarian processing
centers, who shall have access to such services at no cost.
``(j) Grants for Legal Service Providers.--
``(1) Authorization.--The Secretary of Homeland Security is
authorized to make grants to legal service providers to provide
legal counsel to covered asylum seekers at humanitarian
processing centers.
``(2) Eligibility.--In order to be eligible for a grant
under this section a legal service provider shall have
demonstrated experience--
``(A) communicating with clients in Spanish,
English, and such other languages as the Secretary
determines appropriate; and
``(B) providing legal counsel to asylum seekers.
``(3) Application.--The chief executive of a legal service
provider seeking a grant under this section shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
``(4) Authorization of appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section.
``(k) External Human Rights Monitoring.--The Secretary shall ensure
that appropriate nongovernmental organizations that have expertise in
monitoring immigration detention facilities for human rights abuses,
and other appropriate nongovernmental organizations, are provided with
regular and unannounced access to humanitarian processing centers.'';
(3) in section 241(a)(5)--
(A) by striking ``If the Attorney General'' and
inserting ``(A) in general--Except as provided in
subparagraphs (B) and (C), the Secretary of Homeland
Security''; and
(B) by adding at the end the following:
``(B) Intention to apply for asylum.--The Secretary
shall not reinstate a prior order of removal if an
alien indicates either an intention to apply for asylum
under section 208 or a fear of persecution
``(C) Requirement to vacate certain reinstated
orders of removal.--If an alien with a prior order of
removal that has been reinstated by the Secretary is
determined to have a credible fear of persecution, or
to be prima facie eligible for a form of relief
described in section 235(b)(1)(B)(vii), the Secretary
shall vacate the reinstated order of removal and issue
a notice to appear for removal proceedings under
section 240.''; and
(4) in section 242, by repealing subsection (e).
SEC. 3. STUDY ON EXPANSION OF MODEL.
(a) In General.--The Secretary of Homeland Security shall conduct a
study on the effect of this Act, and the amendments made by this Act,
on migration by covered asylum seekers (as such term is defined in
section 235B of the Immigration and Nationality Act, as amended by this
Act) and make recommendations with respect to expanding the
humanitarian processing centers model to other noncitizens entering the
United States.
(b) Noncitizen Defined.--In this section, the term ``noncitizen''
has the meaning given the term ``alien'' in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
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