SAFER Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5838 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5838

 To improve immigration adjudicatory capacity, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2023

 Mr. Tony Gonzales of Texas (for himself and Mr. Ciscomani) introduced 
    the following bill; which was referred to the Committee on the 
 Judiciary, and in addition to the Committee on Foreign Affairs, 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 improve immigration adjudicatory capacity, 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 ``Strengthening Authorities For 
Expedited Removal Act'' or the ``SAFER Act''.

SEC. 2. CREDIBLE FEAR INTERVIEWS.

    Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``there is a 
significant possibility'' and all that follows, and inserting ``, 
taking into account the credibility of the statements made by the alien 
in support of the alien's claim, as determined pursuant to section 
208(b)(1)(B)(iii), and such other facts as are known to the officer, 
the alien more likely than not could establish eligibility for asylum 
under section 208, and it is more likely than not that the statements 
made by, and on behalf of, the alien in support of the alien's claim 
are true.''.

SEC. 3. IMMIGRATION COURT DOCKETING PRIORITIES DURING IRREGULAR 
              MIGRATION INFLUX EVENTS.

    (a) In General.--The Attorney General shall, to the greatest extent 
practicable, prioritize docketing and processing of removal cases under 
section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) for 
aliens who are apprehended on entering the United States in connection 
with an irregular migration influx event.
    (b) Irregular Migration Influx Events.--The Attorney General, in 
consultation with the Secretary, shall establish criteria for 
determining when an irregular migration influx event commences and ends 
for purposes of carrying out the docketing priorities under subsection 
(a).
    (c) Access to Legal Counsel.--The Attorney General shall ensure 
that any master calendar or merits hearing in a removal case 
prioritized under subsection (a) is scheduled on a date and at a time 
that permits the alien a fair and reasonable opportunity to consult 
with and retain counsel prior to such hearing, consistent with section 
292 of the Immigration and Nationality Act (8 U.S.C. 1362).
    (d) Report to Congress.--Not later 90 days after the date of 
enactment of this Act, the Attorney General shall submit to the 
appropriate committees of Congress a report that includes--
            (1) the number of aliens who were apprehended after 
        entering the United States in connection with an irregular 
        migration influx event identified in accordance with subsection 
        (b) and placed in removal proceedings under section 240 of the 
        Immigration and Nationality Act (8 U.S.C. 1229a), organized by 
        the fiscal year in which the apprehension occurred and stating 
        the number of single adults, unaccompanied alien children, and 
        aliens that are apprehended as part of a family unit;
            (2) the number of aliens identified under paragraph (1) who 
        appeared at master calendar hearings, including--
                    (A) the number and percentage represented by 
                counsel at such hearings; and
                    (B) the average number of days between apprehension 
                and such hearings;
            (3) the number of in absentia orders of removal issued to 
        aliens identified under paragraph (1) at master calendar 
        hearings, including the number of such aliens represented by 
        counsel;
            (4) the number of aliens identified under paragraph (1) who 
        appeared at final merits hearings, including the number and 
        percentage represented by counsel at such hearings, and the 
        average number of days between apprehension and such hearings; 
        and
            (5) the number of in absentia orders of removal issued to 
        aliens identified under paragraph (1) at final merits hearings, 
        including the number of such aliens represented by counsel.

SEC. 4. NEGOTIATIONS BY SECRETARY OF STATE TO DISINCENTIVIZE UNLAWFUL 
              IMMIGRATION.

    (a) Authorization To Negotiate.--The Secretary of State shall seek 
to negotiate agreements, accords, and memoranda of understanding 
between the United States, Mexico, Honduras, El Salvador, Guatemala, 
and other countries in the Western Hemisphere with respect to 
cooperation and burden sharing required for effective regional 
immigration enforcement, detention, and repatriation of foreign 
nationals seeking to enter the United States unlawfully.
    (b) DHS Enforcement.--The Secretary of Homeland Security shall 
prioritize the expeditious execution, within the legal jurisdiction of 
the Department of Homeland Security, of any agreements reached under 
subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out subsection (b).

SEC. 5. APPROPRIATIONS FOR EXECUTIVE OFFICE OF IMMIGRATION REVIEW 
              ADJUDICATORY CAPACITY.

    (a) In General.--Subject to the availability of appropriations, the 
Attorney General shall expeditiously improve adjudicatory capacity at 
the Executive Office for Immigration Review and hire not less than 150 
additional immigration judges and support staff to increase 
adjudications.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Attorney General shall submit to the appropriate 
congressional committees a report on the status of hiring additional 
judges and support staff as required under subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.
    (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Homeland Security of the House of 
        Representatives;
            (2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; the Committee on the Judiciary of the 
        House of Representatives; and
            (3) the Committee on the Judiciary of the Senate.
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