1.This Act may be cited as the
Secure and Safe Detention and Asylum
Act
.
2.In this Act:
(1)The term asylum seeker means an applicant for
asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158)
or for withholding of removal under section 241(b)(3) of such Act (8 U.S.C.
1231(b)(3)) or an alien who indicates an intention to apply for relief under
either such section and does not include a person with respect to whom a final
adjudication denying an application made under either such section has been
entered.
(2)Credible fear
of persecutionThe term credible fear of persecution
has the meaning given that term in section 235(b)(1)(B)(v) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)).
(3)The
term Department means the Department of Homeland Security.
(4)The
term detainee means an alien in the Department’s custody held in a
detention facility.
(5)The term detention facility means any
Federal facility in which an asylum seeker, an alien detained pending the
outcome of a removal proceeding, or an alien detained pending the execution of
a final order of removal, is detained for more than 72 hours, or any other
facility in which such detention services are provided to the Federal
Government by contract, and does not include detention at any port of entry in
the United States.
(6)Reasonable fear
of persecution or tortureThe term reasonable fear of
persecution or torture has the meaning described in section 208.31 of
title 8, Code of Federal Regulations.
(7)The
term Secretary
means the Secretary of Homeland Security.
(8)The
term standard means any policy, procedure, or other
requirement.
(9)The term vulnerable populations means
classes of aliens subject to the Immigration and Nationality Act (8 U.S.C. 1101
et seq.) who have special needs requiring special consideration and treatment
by virtue of their vulnerable characteristics, including experiences of, or
risk of, abuse, mistreatment, or other serious harms threatening their health
or safety. Vulnerable populations include the following:
(A)Asylum
seekers.
(B)Refugees admitted
under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) and
individuals seeking such admission.
(C)Aliens whose
deportation is being withheld under section 243(h) of the Immigration and
Nationality Act (as in effect immediately before the effective date of section
307 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104–208; 110 Stat. 3009–612)) or section 241(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)).
(D)Aliens granted or
seeking protection under article 3 of the Convention Against Torture and other
Cruel, Inhumane, or Degrading Treatment or Punishment, done at New York,
December 10, 1994.
(E)Applicants for
relief and benefits under the Immigration and Nationality Act pursuant to the
amendments made by the Trafficking Victims Protection Act of 2000 (division A
of Public Law 106–386; 114 Stat. 1464), including applicants for nonimmigrant
status under subparagraph (T) or (U) of section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)).
(F)Applicants for
relief and benefits under the Immigration and Nationality Act pursuant to the
amendments made by the Violence Against Women Act of 2000 (division B of Public
Law 106–386; 114 Stat. 1491).
(G)Unaccompanied
alien children (as defined in 462(g) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)).
(H)Families with
children.
(I)Detainees with
serious medical or mental health needs.
3.Procedures for
ensuring accuracy and verifiability of sworn statements taken pursuant to
expedited removal authority
(a)The Secretary shall establish quality assurance
procedures to ensure the accuracy and verifiability of signed or sworn
statements taken by employees of the Department exercising expedited removal
authority under section 235(b) of the Immigration and Nationality Act (8 U.S.C.
1225(b)).
(b)Any sworn or signed written statement taken of an
alien as part of the record of a proceeding under section 235(b)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied
by a recording of the interview which served as the basis for that sworn
statement.
(c)
(1)The recording of the interview shall also include the
written statement, in its entirety, being read back to the alien in a language
that the alien claims to understand, and the alien affirming the accuracy of
the statement or making any corrections thereto.
(2)The
recording shall be made in video, audio, or other equally reliable
format.
(d)
(1)Subsections (b)
and (c) shall not apply to interviews that occur at facilities exempted by the
Secretary pursuant to this subsection.
(2)The Secretary or
the Secretary’s designee may exempt any facility based on a determination by
the Secretary or the Secretary's designee that compliance with subsections (b)
and (c) at that facility would impair operations or impose undue burdens or
costs.
(3)The Secretary or
the Secretary’s designee shall report annually to Congress on the facilities
that have been exempted pursuant to this subsection.
(4)The exercise of
the exemption authority granted by this subsection shall not give rise to a
private cause of action.
(e)The
Secretary shall ensure that a professional fluent interpreter is used when the
interviewing officer does not speak a language understood by the alien and
there is no other Federal, State, or local government employee available who is
able to interpret effectively, accurately, and impartially.
(f)Recordings in
immigration proceedingsRecordings of interviews of aliens
described in subsection (b) shall be included in the record of a proceeding and
may be considered as evidence in any further proceedings involving the
alien.
4.Procedures
governing detention decisionsSection 236 of the Immigration and
Nationality Act (8 U.S.C. 1226) is amended—
(1)in subsection
(a)—
(A)in the matter
preceding paragraph (1)—
(i)in
the first sentence by striking Attorney General
and inserting
Secretary of Homeland Security
;
(ii)by
striking (c)
and inserting (d)
; and
(iii)in the second
sentence, by inserting or the Secretary
after Attorney
General
;
(B)in paragraph
(2)—
(i)in
subparagraph (A)—
(I)by inserting
or the Secretary
after Attorney General
;
and
(II)by striking
or
at the end;
(ii)in
subparagraph (B), by striking but
at the end; and
(iii)by inserting
after subparagraph (B) the following:
(C)the alien’s own
recognizance; or
(D)a secure
alternatives program as provided for in this section;
but
;
(2)by redesignating
subsections (b), (c), (d), and (e) as subsections (d), (e), (f), and (h),
respectively;
(3)by inserting
after subsection (a) the following new subsections:
(b)
(1)In the case of a decision under subsection (a) or (d),
the following shall apply:
(A)The decision
shall be made in writing and shall be served upon the alien. A decision to
continue detention without bond or parole shall specify in writing the reasons
for that decision.
(B)The decision
shall be served upon the alien within 48 hours of the alien’s detention or, in
the case of an alien subject to section 235 or 241(a)(5) who must establish a
credible fear of persecution or a reasonable fear of persecution or torture in
order to proceed in immigration court, within 48 hours of a positive credible
fear of persecution or reasonable fear of persecution or torture
determination.
(2)Criteria to be
consideredThe criteria to be considered by the Attorney General
and the Secretary in making a custody decision shall include—
(A)whether the alien
poses a risk to public safety or national security;
(B)whether the alien
is likely to appear for immigration proceedings; and
(C)any humanitarian
reasons that may warrant the alien's release.
(3)An alien subject to this section may at any time
after being served with the Secretary’s decision under subsection (a) or (d)
request a redetermination of that decision by an immigration judge. All
decisions by the Secretary to detain an alien without bond or parole shall be
subject to redetermination by an immigration judge within 2 weeks from the time
the alien was served with the decision, except that the alien may waive the
requirement that the redetermination occur within 2 weeks. The alien may
request another redetermination upon a showing of a material change in
circumstances since the last redetermination hearing. The Secretary shall
advise the alien at the time the alien is served with the Secretary's decision
under subsection (a) or (d) of the opportunity for requesting a redetermination
under this paragraph.
(c)Exception for
mandatory custody and mandatory detentionSubsections (b)(2) and
(b)(3) shall not apply to any alien who is subject to mandatory detention under
sections 235(b)(1)(B)(iii)(IV) or 241(a)(2) or to mandatory custody under
sections 236(e) or
236A.
;
(4)in subsection
(d), as redesignated—
(A)by striking
Attorney General at any time may
and inserting Secretary
may at any time, based on changed circumstances,
; and
(B)by striking
or parole
and inserting , parole, or decision to release
an alien;
;
(5)in subsection
(e), as redesignated—
(A)in paragraph (1),
by striking Attorney General
and inserting
Secretary
; and
(B)by amending
paragraph (2) to read as follows:
(2)
(A)The Secretary may release an alien described in paragraph
(1) only if—
(i)the alien
satisfies the Secretary that the alien will not pose a danger to the safety of
persons or property and is likely to appear for any scheduled proceeding;
and
(ii)(I)the Secretary decides
pursuant to section 3521 of title 18, United States Code, that release of the
alien from custody is necessary to provide protection to a witness, a potential
witness, a person cooperating with an investigation into major criminal
activity, or an immediate family member or close associate of a witness,
potential witness, or person cooperating with such an investigation; or
(II)the Secretary decides that the release
is necessary for humanitarian reasons.
(B)A
decision relating to such release shall take place in accordance with a
procedure that considers the severity of the offense committed by the
alien.
;
(6)in subsection
(f), as redesignated—
(A)in paragraph
(1)—
(i)in
the matter preceding subparagraph (A), by striking Attorney
General
and inserting Secretary
; and
(ii)in
subparagraphs (A) and (B), by striking Service
and inserting
Department of Homeland Security
; and
(B)in paragraph (3),
by striking Service
and inserting Secretary of Homeland
Security
;
(7)by inserting
after subsection (f), as redesignated, the following new subsection:
(g)
(1)If an immigration judge’s custody decision has been
stayed by the action of an officer or employee of the Department of Homeland
Security pending an appeal of that decision, the stay shall expire in 30 days,
unless the Board of Immigration Appeals before the expiration of the 30 days,
and upon motion, enters an order continuing the stay.
(2)Effect of
continuing stayIf the Board of Immigration Appeals enters an
order continuing the stay described in paragraph (1), the Board of Immigration
Appeals shall adjudicate the bond appeal not later than 90 days after the date
the custody decision was first stayed, and the stay shall expire if the Board
has not acted before the expiration of the 90
days.
;
and
(8)in subsection
(h), as redesignated—
(A)by striking
Attorney General’s
and inserting Secretary of Homeland
Security’s
; and
(B)by striking
Attorney General
and inserting Secretary
.
5.Legal
Orientation Program
(a)The Attorney General, in consultation with the Secretary,
shall ensure that all detained aliens in immigration and asylum proceedings
receive legal orientation through the Legal Orientation Program administered
and implemented by the Executive Office for Immigration Review of the
Department of Justice.
(b)Expansion of
Legal AssistanceThe Secretary shall ensure the expansion through
the United States Citizenship and Immigration Services of public-private
partnerships that facilitate pro bono counseling and legal assistance for
asylum seekers awaiting a credible fear of persecution interview, as a
continuation of existing programs, such as the pilot program developed in
Arlington, Virginia, by the United States Citizenship and Immigration
Services.
6.
(a)The Secretary shall ensure that all detention facilities
comply with the following minimum requirements:
(1)Fair and humane
treatmentDetainees shall not be subject to degrading or inhumane
treatment, such as physical abuse, sexual abuse or harassment, or arbitrary
punishment.
(2)Limitations on
solitary confinementDetainees shall not be subject to solitary
confinement, shackling, or strip searches, except to the extent that such
techniques are necessary to ensure the security of other detainees, staff, or
the public and only if less coercive measures will not ensure the security of
other detainees, staff, and the public. Decisions to place detainees in
solitary confinement shall be reviewed regularly.
(3)Investigation
of grievancesDetainees shall have the right to prompt,
effective, and impartial investigations of grievances.
(4)Detainees shall have sufficient access to telephones,
and the ability to contact, free of charge, legal representatives, foreign
consulates, the immigration courts, the Board of Immigration Appeals, and the
Federal courts through confidential toll-free numbers.
(5)Detention facilities shall be located, to the extent
practicable, near sources of free or low-cost legal representation with
expertise in asylum or immigration law.
(6)Procedures
governing transfers of detaineesProcedures governing the
transfer of a detainee shall take into account—
(A)the detainee’s
access to legal representatives; and
(B)the proximity of
the facility to the venue of the asylum or removal proceeding.
(7)Interpretation
and translation capabilitiesDetention facilities shall employ
staff that, to the extent practicable, are qualified in the languages
represented in the population of detainees at a detention facility, and
alternative interpreter and translation services shall be provided when
necessary.
(8)Recreational
programs and activitiesDetainees shall be afforded daily access
to indoor and outdoor recreational programs and activities.
(9)Procedures and conditions of detention shall be
appropriate for detainees with no criminal convictions or history of violent
behavior, and those detainees shall not be detained with persons who have been
convicted of felonies or criminal offenses involving violence or persons with a
history of violent behavior.
(10)Procedures and conditions of detention shall
accommodate the unique needs of asylum seekers, victims of torture and
trafficking, families with children, detainees who do not speak English,
detainees with special religious, cultural, or spiritual considerations, and
other vulnerable populations.
(b)
(1)The Secretary shall prescribe regulations, using the
procedures for negotiated rulemakings under subchapter III of chapter 5 of
title 5, United States Code, to establish standards to ensure detainees are
treated humanely and to ensure compliance with the minimum requirements set
forth in subsection (a).
(2)Representation
on negotiated rulemaking committeeAny negotiated rulemaking
committee established by the Secretary pursuant to paragraph (1) shall include
representatives and experts from—
(A)relevant agencies
of the Department;
(B)the Office of
Refugee Resettlement at the Department of Health and Human Services;
(C)representatives
of State and local governments that have entered into intergovernmental service
agreements with the Department to detain aliens;
(D)the United States
Commission on International Religious Freedom;
(E)nongovernmental
organizations with expertise working on behalf of aliens in detention
facilities, including organizations that emphasize protections for vulnerable
populations;
(F)nongovernmental
organizations with expertise advocating for asylum seekers;
(G)organizations
that represent employees who work at detention facilities;
(H)accrediting
bodies for medical care in settings comparable to detention facilities, such as
the National Commission on Correctional Health Care, or other experts in the
field of providing quality medical care in such settings; and
(I)other interested
parties.
(3)The procedures for the negotiated rulemaking referred
to in paragraph (1) shall be conducted in a timely manner to ensure
that—
(A)any
recommendations with respect to proposed regulations are provided to the
Secretary not later than 6 months after the date of enactment of this Act;
and
(B)a final rule is
promulgated not later than 1 year after the date of enactment of this
Act.
(c)Enforcing
regulations and standards
(1)The Secretary shall ensure that all detention facilities
comply with the requirements and regulations promulgated pursuant to this Act,
and any other applicable requirements.
(2)Contracts for
administration of facilitiesThe Secretary shall ensure that any
contract that the Department enters into for the administration of a detention
facility includes provisions that—
(A)require the
contractor to comply with the requirements and regulations promulgated pursuant
to this Act, and any other applicable requirements; and
(B)permit the
Secretary to impose fines or penalties for noncompliance with those
requirements and regulations.
(3)Intergovernmental
service agreement facilitiesThe Secretary shall ensure that any
intergovernmental service agreement that the Department enters into with a
State or local government to detain an alien includes provisions that—
(A)require the State
or local government to comply with the requirements and regulations promulgated
pursuant to this Act, and any other applicable requirements; and
(B)permit the
Secretary to impose fines or penalties for noncompliance with those
requirements or regulations.
(4)Bureau of
prisons facilitiesThe Attorney General, in coordination with the
Secretary, shall ensure that aliens that are detained pursuant to an agreement
between the Department and the Department of Justice in facilities operated by
the Bureau of Prisons pending proceedings or awaiting deportation under
provisions of the Immigration and Nationality Act, are detained in compliance
with the requirements of, and regulations promulgated pursuant to, this Act,
and any other applicable requirements.
(d)
(1)The Secretary shall ensure that prompt and adequate
emergency, primary, specialty, and hospital medical care is provided at no cost
to detainees, including dental care, eye care, mental health care, individual
and group counseling, and services with respect to medical dietary
needs.
(2)The
Secretary shall ensure that procedures for providing medical care to detainees
include comprehensive intake screening, effective continuity of care, prompt
responses to requests for medical care or treatment, and accurate and timely
distribution of prescribed medication.
(3)The Secretary shall ensure that medical facilities in
all detention facilities maintain current accreditation by the National
Commission on Correctional Health Care.
(4)The Secretary shall ensure that complete medical records
are maintained for every detainee and that the records are made available upon
request to the detainee, the detainee's legal representative, or other
authorized individuals.
(e)
(1)The Secretary shall ensure that personnel in detention
facilities are given specialized training to better understand and work with
the population of detainees held at the facilities where such personnel work.
The training should address the unique needs of asylum seekers, victims of
torture or other trauma, and other vulnerable populations.
(2)The training required by this subsection shall be
designed to better enable personnel to work with detainees from different
countries and detainees who cannot speak English. The training shall emphasize
that many detainees have no criminal records and are being held for civil
violations.
7.Office of
Detention Oversight
(a)Establishment
of the Office
(1)There is established within the Department an Office of
Detention Oversight (in this section referred to as the
Office
).
(2)The head of the Office shall be an Administrator who shall
be appointed by, and shall report to, the Secretary.
(3)The
Office shall be established and the Administrator of the Office appointed not
later than 180 days after the date of the enactment of this Act.
(b)Responsibilities
of the Office
(1)Inspections of
detention centersThe Administrator of the Office shall—
(A)undertake
frequent and unannounced inspections of all detention facilities;
(B)develop a
procedure for any detainee or the detainee’s representative to file a written
complaint directly with the Office; and
(C)report to the
Secretary and to the Assistant Secretary of Homeland Security for U.S.
Immigration and Customs Enforcement all findings regarding a detention
facility’s noncompliance with detention standards and any applicable
laws.
(2)The
Administrator of the Office shall—
(A)initiate
investigations, as appropriate, into allegations of systemic problems at
detention facilities, incidents that constitute violations of detention
standards or applicable laws, or other matters related to mistreatment of
detainees;
(B)report to the
Secretary and the Assistant Secretary of Homeland Security for U.S. Immigration
and Customs Enforcement the results of all investigations; and
(C)refer matters,
where appropriate, for further action to—
(i)the
Department of Justice;
(ii)the Office of
the Inspector General of the Department;
(iii)the Office of
Civil Rights and Civil Liberties of the Department; or
(iv)any other
relevant office or agency.
(3)
(A)The Administrator of the Office shall submit to the
Secretary, the Committee on the Judiciary and the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee on the
Judiciary and the Committee on Homeland Security of the House of
Representatives an annual report on the Administrator’s findings on detention
conditions and the results of the investigations carried out by the
Administrator.
(B)Each report required by subparagraph (A) shall
include—
(i)a
description of the actions to remedy findings of noncompliance or other
problems that are taken by the Secretary or the Assistant Secretary of Homeland
Security for U.S. Immigration and Customs Enforcement, and each detention
facility found to be in noncompliance; and
(ii)information
regarding whether such actions were successful and resulted in compliance with
detention standards.
(4)Review of
complaints by detaineesThe Administrator of the Office shall
establish procedures to receive and review complaints of violations of the
detention standards promulgated by the Secretary. The procedures shall protect
the anonymity of the claimant, including detainees, employees, or others, from
retaliation.
(c)Cooperation
With Other Offices and AgenciesWhenever appropriate, the
Administrator of the Office shall cooperate and coordinate its activities
with—
(1)the Office of the
Inspector General of the Department;
(2)the Office of
Civil Rights and Civil Liberties of the Department;
(3)the Privacy
Officer of the Department;
(4)the Civil Rights
Division of the Department of Justice; or
(5)any other
relevant office or agency.
(d)The Secretary shall ensure that—
(1)all deaths of
detainees and other aliens in the Department's custody, or other deaths related
to operations or actions of employees of U.S. Immigration and Customs
Enforcement or U.S. Customs and Border Protection, are reported on a timely
basis to—
(A)the Office of
Detention Oversight, if the death occurred in a detention facility;
(B)the Office of the
Inspector General of the Department;
(C)the legal
representative of the deceased alien, if the Department is on notice that a
representative has been retained on the alien's behalf;
(D)the immediate
family of the deceased alien, if the Department has contact information for an
immediate family member;
(E)relevant State
and local government officials, including the coroner and the local law
enforcement agency with jurisdiction in the location where the death
occurred;
(F)the Committee on
the Judiciary and the Committee on Homeland Security and Governmental Affairs
of the Senate; and
(G)the Committee on
the Judiciary and the Committee on Homeland Security of the House of
Representatives;
(2)a thorough
investigation is conducted into each death by—
(A)the Office of
Detention Oversight;
(B)the Office of the
Inspector General of the Department; or
(C)another
appropriate office with investigative authority in the Department or other
Federal agency; and
(3)a report
describing the results of the investigation into each death is provided
to—
(A)the
Secretary;
(B)the Committee on
the Judiciary and the Committee on Homeland Security and Governmental Affairs
of the Senate; and
(C)the Committee on
the Judiciary and the Committee on Homeland Security of the House of
Representatives.
8.Secure
alternatives program
(a)The Secretary shall establish a secure alternatives
program under which an alien who has been detained may be released under
enhanced supervision to prevent the alien from absconding and to ensure that
the alien makes appearances related to such detention.
(b)
(1)Nationwide
implementationThe Secretary shall facilitate the development of
the secure alternatives program on a nationwide basis.
(2)Utilization of
alternativesThe secure alternatives program shall utilize a
continuum of alternatives based on the alien’s need for supervision, which may
include placement of the alien with an individual or organizational sponsor, or
in a supervised group home.
(3)The elements of a secure alternatives program shall
include—
(A)individualized
case management by an assigned case supervisor; and
(B)referral to
community-based providers of legal and social services.
(4)Restrictive
electronic monitoringRestrictive electronic monitoring devices,
such as ankle bracelets, may be used only when there is a demonstrated need for
such enhanced monitoring, and any decision to require such a device shall be
reviewed periodically.
(5)Aliens eligible
for secure alternatives program
(A)Aliens who would otherwise be subject to detention based
on a consideration of the release criteria in section 236(b)(2) of the
Immigration and Nationality Act, as amended by section 4, or who are released
pursuant to section 236(e)(2) of such Act, as so amended, shall be considered
for the secure alternatives program.
(B)Secure alternatives programs shall be designed to ensure
sufficient supervision of the population described in subparagraph (A).
(6)The
Secretary shall enter into contracts with qualified nongovernmental entities to
implement the secure alternatives program.
(7)In designing such program, the Secretary
shall—
(A)consult with
relevant experts; and
(B)consider programs
that have proven successful in the past, including the Appearance Assistance
Program developed by the Vera Institute and the Intensive Supervision
Appearance Program.
9.Less restrictive
detention facilities
(a)The
Secretary shall facilitate the construction or use of secure but less
restrictive detention facilities.
(b)In
implementing the requirements of paragraph (1), the Secretary shall—
(1)consider the
design, operation, and conditions of existing secure but less restrictive
detention facilities;
(2)construct or use
detention facilities where—
(A)movement within
and between indoor and outdoor areas of the facility is subject to minimal
restrictions;
(B)detainees have
ready access to social, psychological, and medical services;
(C)detainees with
special needs, including those who have experienced trauma or torture, have
ready access to services and treatment addressing their needs;
(D)detainees are not
placed in handcuffs, shackles, or solitary confinement within the
facility;
(E)facility staff
are specially trained to address the needs of vulnerable populations;
(F)detainees have
ready access to programs and recreation, including a full range of varied daily
activities and classes; and
(G)detainees are
permitted contact visits with legal representatives and family members.
(c)Placement in
less restrictive facilitiesIn deciding whether to place a
detainee in a secure but less restrictive detention facility, the Secretary
shall consider whether the detainee is—
(1)a member of a
vulnerable population; or
(2)a nonviolent,
noncriminal detainee.
(d)Facilities for
families with childrenThe following requirements shall apply
with respect to families with children:
(1)Families with
minor children shall not be held in detention facilities except when justified
by exceptional circumstances, when required by law, or when necessary to
expedite prompt removal pursuant to section 235(b)(1)(B)(iii).
(2)In cases where
release or a secure alternatives program is not an option, the Secretary shall
ensure that—
(A)special detention
facilities are designed to house parents with their minor children, taking into
account the particular needs and vulnerabilities of minor children;
(B)procedures and
conditions of detention are appropriate for families with minor
children;
(C)entities with
demonstrated experience and expertise in child welfare participate in the
management of facilities housing families with their minor children; and
(D)individualized
reviews of each family’s well being and the need for continued detention are
conducted monthly.
(e)Discretionary
waiver authority for families with childrenSection
235(b)(1)(B)(iii) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(B)(iii)) is amended—
(1)in subclause
(IV), by striking Any alien
and inserting Except as
provided in subclause (V), any alien
; and
(2)by adding at the
end the following:
(V)Discretionary
waiver authority for families with childrenThe Secretary of
Homeland Security may decide for humanitarian reasons not to detain families
with minor children who are otherwise subject to mandatory detention under
subclause
(IV).
.
(f)The
Secretary shall prescribe such regulations as are necessary to implement this
section.
10.Study on the
effect of expedited removal provisions, practices, and procedures on asylum
claims
(a)
(1)The United States Commission on International Religious
Freedom (in this section referred to as the Commission
) is
authorized to conduct a study to determine whether immigration officers
described in paragraph (2) are engaging in conduct described in paragraph
(3).
(2)Immigration
officers describedAn immigration officer described in this
paragraph is an immigration officer performing duties under section 235(b) of
the Immigration and Nationality Act (8 U.S.C. 1225(b)) with respect to aliens
who are apprehended after entering the United States and who may be eligible to
apply for asylum under such section or section 208 of such Act (8 U.S.C.
1158).
(3)Conduct described in this paragraph is the
following:
(A)Improperly
encouraging an alien referred to in paragraph (2) to withdraw or retract claims
for asylum.
(B)Incorrectly
failing to refer such an alien for an interview by an asylum officer for a
determination of whether the alien has a credible fear of persecution (within
the meaning of section 235(b)(1)(B)(v) of the Immigration and Nationality Act
(8 U.S.C. 1225(b)(1)(B)(v))).
(C)Incorrectly
removing such an alien to a country where the alien may be persecuted.
(D)Detaining such an
alien improperly or in inappropriate conditions.
(b)Not
later than 24 months after the date on which the Commission initiates the study
conducted under subsection (a), the Commission shall submit a report containing
the results of the study to—
(1)the Committee on
Homeland Security and Governmental Affairs, the Committee on the Judiciary, and
the Committee on Foreign Relations of the Senate; and
(2)the Committee on
Homeland Security, the Committee on the Judiciary, and the Committee on Foreign
Affairs of the House of Representatives.
(c)
(1)At the request of the Commission, the Secretary, the
Attorney General, and the Comptroller General of the United States shall
authorize staff designated by the Commission who are recognized for their
expertise and knowledge of refugee and asylum issues to assist the Commission
in conducting the study under subsection (a).
(2)The Commission may hire additional staff and consultants to
conduct the study under subsection (a).
(3)
(A)Except as provided in subparagraph (B), the Secretary and
the Attorney General shall permit staff designated under paragraph (1) or hired
under paragraph (2) to have unrestricted access to all stages of all
proceedings conducted under section 235(b) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)).
(B)The
Secretary and the Attorney General shall not permit unrestricted access
pursuant to subparagraph (A) in any case in which—
(i)an
alien that is subject to a proceeding conducted under section 235(b) of the
Immigration and Nationality Act objects to such access; or
(ii)the Secretary or
Attorney General determines that the security of a particular proceeding would
be threatened by such access.
11.Authorization
of appropriations; effective date
(a)Authorization
of appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this
Act.
(b)Except as specifically
provided in sections 6 and 7, this Act and the amendments made by this Act
shall take effect on the date that is 180 days after the date of the enactment
of this Act.