Safe Zones Act of 2023
This bill makes changes to procedures relating to seeking asylum, including by establishing facilities outside of the United States to accept and process refugee applications to the United States.
Specifically, the Department of State must establish safe zones that accept applications for asylum from individuals who are nationals of (1) the country where that safe zone is located, or (2) a country next to the country where the safe zone is located. The State Department must establish at least three safe zones along the U.S.-Mexico border and one safe zone in Guatemala.
For each safe zone, the State Department must (1) ensure that it is fortified from danger; (2) provide temporary housing for individuals with pending applications; (3) provide adequate meals; and (4) provide access to various services, including medical services. The bill also imposes various requirements related to safe zones, including deadlines for processing applications.
The bill expands the definition of asylum officer (i.e., officers who conduct initial credible fear reviews to determine whether an asylum seeker's application may proceed) to include trained and qualified staff as determined by the Department of Homeland Security (DHS). (In 2020, a federal court ruled that DHS may not use U.S. Customs and Border Protection agents to conduct such interviews.)
The bill also requires the hiring of additional border patrol agents and immigration judges.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2946 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2946
To amend the Immigration and Nationality Act to advance meritorious
asylum claims, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Vicente Gonzalez of Texas introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Homeland Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to advance meritorious
asylum claims, 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 ``Safe Zones Act of 2023''.
SEC. 2. STREAMLINING ASYLUM SYSTEM.
(a) Officers of U.S. Customs and Border Protection Authorized To
Conduct Asylum Interviews.--Section 235(b)(1)(E) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)(1)(E)) by striking ``immigration
officer'' and inserting ``immigration officer, including trained and
qualified staff as determined by the Secretary of Homeland Security,''.
(b) Standards To Optimize and Advance Meritorious Asylum Claims.--
Section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(B)) is amended--
(1) by amending clause (v) to read as follows:
``(v) Credible fear of persecution.--
``(I) In general.--For purposes of
this subparagraph, the term `credible
fear of persecution' means that there
is a significant possibility, taking
into account the credibility of the
statements made by the alien in support
of the alien's claim and such other
facts as are known to the officer, that
the alien could establish eligibility
for asylum under section 208 of this
title.
``(II) Bars to asylum.--An alien
shall not be determined to have a
credible fear of persecution if the
alien is prohibited from applying for
or receiving asylum, including an alien
subject to a limitation or condition
under subsection (a)(2) or (b)(2)
(including a regulation promulgated
under such subsection) of section
208.''; and
(2) by adding at the end the following:
``(vi) Eligibility for relief.--
``(I) Credible fear review by
immigration judge.--Not later than 90
days after an alien submits an
application for asylum at a safe zone,
if the alien is determined to have a
credible fear of persecution they shall
be referred to an immigration judge for
a determination of whether the alien is
eligible for asylum under section 208,
withholding of removal under section
241(b)(3), or protection under the
Convention Against Torture.
``(II) Aliens with credible fear of
persecution.--
``(aa) In general.--Except
as provided in item (bb), if an
alien referred under
subparagraph (A)(ii) is
determined to have a credible
fear of persecution, the alien
shall be eligible for asylum
under section 208, withholding
of removal under section
241(b)(3), or protection under
the Convention Against Torture.
``(bb) Exception.--An alien
shall not be eligible for
consideration of an application
for relief under item (aa) if
the failure of the alien to
establish a credible fear of
persecution precludes the alien
from eligibility for such
relief.
``(vii) Ineligibility for removal
proceedings.--An alien referred under
subparagraph (A)(ii) shall not be eligible for
a hearing under section 240.''.
SEC. 3. ESTABLISHMENT OF SAFE ZONES.
(a) In General.--
(1) Immigration officer.--Section 101(a)(18) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(18)) is
amended by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''.
(2) Safe zone.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the
end the following new paragraph:
``(53) The term `safe zone'--
``(A) means a facility designated under section
207(g) by the Secretary of State to accept and process
applications for refugee admissions to the United
States; and
``(B) may include a United States embassy,
consulate, or other diplomatic facility, or other
facility as determined to be appropriate by the
Secretary of State.''.
(b) Designation.--Section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157) is amended by adding at the end the following new
subsection:
``(g) Safe Zone.--
``(1) Designation.--Not later than 240 days after the date
of the enactment of this subsection, the Secretary of State, in
consultation with the Secretary of Homeland Security, shall
designate a safe zone outside the United States.
``(2) Locations.--The Secretary of State shall establish--
``(A) not fewer than 3 safe zones along the United
States-Mexico border; and
``(B) 1 safe zone in Guatemala.
``(3) Duties of secretary of state.--The Secretary of
State, in coordination with the Secretary of Homeland Security,
shall ensure that any alien who is a national or habitual
resident of a country in which a safe zone is located, or a
country contiguous to such a country, may apply for refugee
status at such safe zone.
``(4) Adjudications by immigration officers.--Not later
than 30 days after a credible fear determination is made for an
alien, an application for refugee status submitted to a safe
zone shall be adjudicated by an immigration officer.
``(5) Priority.--The Secretary of State shall ensure that
an application at a safe zone is prioritized--
``(A) for an alien who has been referred by an
authorized nongovernmental organization, as determined
by the Secretary of State; and
``(B) in accordance with any other requirements and
procedures established by the Secretary of State under
this subsection.
``(6) Application fees.--
``(A) In general.--The Secretary of State and the
Secretary of Homeland Security shall charge, collect,
and account for fees prescribed by each such Secretary
pursuant to subsections (m) and (n) of section 286 of
this Act and section 9701 of title 31, United States
Code, for the purpose of receiving, docketing,
processing, and adjudicating an application under this
subsection.
``(B) Basis for fees.--The fees prescribed under
subparagraph (A) shall be based on a consideration of
the amount necessary to deter frivolous applications
and the cost for processing the application, including
the implementation of program integrity and anti-fraud
measures.
``(7) Covid-19 testing.--For the duration of the public
health emergency with respect to COVID-19, the Secretary of
State shall require an alien to present a negative test for
COVID-19 to enter a safe zone.
``(8) Remote adjudication.--Remote adjudication may be
used, at the discretion of the Secretary of Homeland Security,
to adjudicate any application submitted at a safe zone outside
the United States.
``(9) Authorization of appropriations.--There is authorized
to be appropriated $40,000,000 for each of the fiscal years
2023 to 2033 for the designation of safe zones pursuant to this
section.''.
(c) Sunset.--The amendments made by this section shall cease to
have effect beginning on the date that is 10 years after the date of
the enactment of this Act.
SEC. 4. ADDITIONAL PERSONNEL REQUIRED.
(a) U.S. Customs and Border Protection.--Not later than one year
after the date of the enactment of this Act, the Commissioner of the
U.S. Customs and Border Protection shall hire, train, and assign an
additional number, as determined necessary by the Secretary of Homeland
Security, of border patrol agents.
(b) Immigration Judges.--Not later than six months after the date
of the enactment of this Act, the Attorney General shall hire 20
immigration judges and all appropriate support staff to carry out this
Act.
SEC. 5. SERVICE OF SAFE ZONES.
(a) In General.--The Secretary of State shall ensure that a safe
zone under section 207 of the Immigration and Nationality Act (8 U.S.C.
1157), as amended by this Act, is safe and provides humane conditions.
The Secretary shall provide--
(1) security for the safe zone and shall ensure that it is
fortified from potential danger;
(2) temporary housing for an alien while such alien's case
is adjudicated;
(3) adequate meals; and
(4) access to medical care, social workers, the Legal
Orientation Program administered by the Executive Office for
Immigration Review, and other services the Secretary determines
appropriate.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $40,000,000 for each of the fiscal years 2024 to 2034 to
carry out this section.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Border Security and Enforcement.
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