[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S637-S638]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1470. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 1388 submitted and intended to be proposed by Mrs. Murray 
(for herself and Mr. Schumer) to the bill H.R. 815, to amend title 38, 
United States Code, to make certain improvements relating to the 
eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. PROVISIONAL REMOVAL PROCEEDINGS.

       (a) In General.--Chapter 4 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1221 et seq.) is amended by 
     inserting after section 235A the following:

     ``SEC. 235B. PROVISIONAL REMOVAL PROCEEDINGS.

       ``(a) General Rules.--
       ``(1) Authority.--The Secretary shall have the authority to 
     place individuals, including families, in provisional removal 
     proceedings.
       ``(2) Detention.--Individuals and families subject to 
     provisional removal proceedings shall be detained.
       ``(3) Timing.--The provisional removal proceedings 
     described in this section shall conclude, to the maximum 
     extent practicable, not later than 90 days after the date the 
     alien is inspected and determined inadmissible.
       ``(b) Procedures for Provisional Removal Proceedings.--
       ``(1) Commencement.--
       ``(A) In general.--Provisional removal proceedings shall 
     commence under this section with respect to an alien 
     immediately after the Secretary properly serves a notice of 
     removal proceedings on the alien.
       ``(B) 90-day timeframe.--The 90-day period under subsection 
     (a)(3) with respect to an alien shall commence upon an 
     inspection and inadmissibility determination of the alien.
       ``(2) Service and notice of interview requirements.--In 
     provisional removal proceedings conducted under this section, 
     the Secretary shall--
       ``(A) serve notice to the alien or to the alien's counsel 
     of record;
       ``(B) ensure that such notice, to the maximum extent 
     practicable, is in the alien's native language or in a 
     language the alien understands; and
       ``(C) include in such notice--
       ``(i) the nature of the proceedings against the alien;
       ``(ii) the legal authority under which such proceedings 
     will be conducted; and
       ``(iii) the charges against the alien and the statutory 
     provisions the alien is alleged to have violated;
       ``(3) Protection determination.--
       ``(A) In general.--To the maximum extent practicable, 
     within 90 days after the date on which an alien is referred 
     for proceedings under this section, an asylum officer shall 
     conduct a protection determination of such alien in person or 
     through a technology appropriate for protection 
     determinations.
       ``(B) Procedures and evidence.--The asylum officer may 
     receive into evidence any oral or written statement that is 
     material and relevant to any matter in the protection 
     determination. The testimony of the alien shall be under oath 
     or affirmation administered by the asylum officer.
       ``(C) Interpreters.--Whenever necessary, the asylum officer 
     shall procure the assistance of an interpreter, to the 
     maximum extent practicable, in the alien's native language or 
     in a language the alien understands, during any protection 
     determination.
       ``(D) Location.--Any protection determination authorized 
     under this section shall occur in a location convention to 
     the detention of the aliens.
       ``(E) Written record.--The asylum officer shall prepare a 
     written record of each protection determination, which--
       ``(i) shall be provided to the alien, or to the alien's 
     counsel of record, upon a decision; and
       ``(ii) shall include--

       ``(I) a summary of the material facts stated by the alien;
       ``(II) any additional facts relied upon by the asylum 
     officer;
       ``(III) the asylum officer's analysis of why, in the light 
     of the facts referred to in subclauses (I) and (II), the 
     alien has or has not established a positive or negative 
     outcome from the protection determination; and
       ``(IV) a copy of the asylum officer's interview notes.

       ``(F) Withdrawal of application, voluntary departure, and 
     voluntary repatriation.--
       ``(i) Voluntary departure.--The Secretary may permit an 
     alien to voluntarily depart.
       ``(ii) Withdrawal of application.--The Secretary may permit 
     an alien, at any time before the protection merits interview, 
     to withdraw his or her application and depart immediately 
     from the United States.
       ``(G) Conversion to removal proceedings under section 
     240.--The asylum officer or immigration officer may refer or 
     place an alien into removal proceedings under section 240 by 
     issuing a notice to appear for the purpose of initiating such 
     proceedings if either such officer determines that--
       ``(i) such proceedings are required in order to permit the 
     alien to seek an immigration benefit for which the alien is 
     legally entitled to apply; and
       ``(ii) such application requires such alien to be placed 
     in, or referred to proceedings under section 240 that are not 
     available to such alien under this section.
       ``(H) Protection of information.--
       ``(i) Sensitive or law enforcement information.--Nothing in 
     this section may be construed to compel any employee of the 
     Department of Homeland Security to disclose any information 
     that is otherwise protected from disclosure by law.
       ``(ii) Protection of certain information.--Before providing 
     the record described in subparagraph (E) to the alien or to 
     the alien's counsel of record, the Director shall protect any 
     information that is prohibited by law from being disclosed.
       ``(c) Protection Determination.--
       ``(1) Identity verification.--The Secretary may not conduct 
     the protection determination with respect to an alien until 
     the identity of the alien has been checked against all 
     appropriate records and databases maintained by the Attorney 
     General, the Secretary of State, or the Secretary.
       ``(2) In general.--
       ``(A) Eligibility.--Upon the establishing the identity of 
     an alien pursuant to paragraph (1), the asylum officer shall 
     conduct a protection determination in a location selected in 
     accordance with this section.
       ``(B) Outcome.--
       ``(i) Positive protection determination outcome.--If the 
     protection determination conducted pursuant to subparagraph 
     (A) results in a positive protection determination outcome, 
     the alien shall be referred to protection merits removal 
     proceedings in accordance with the procedures described in 
     paragraph (4).
       ``(ii) Negative protection determination outcome.--If such 
     protection determination results in a negative protection 
     determination outcome, the alien shall be subject to the 
     process described in subsection (d).
       ``(3) Record.--
       ``(A) Use of record.--In each protection determination, or 
     any review of such determination, the record of the alien's 
     protection determination required under subsection (b)(3)(E) 
     shall constitute the underlying application for the alien's 
     application for asylum, withholding of removal under section 
     241(b)(3), or protection under the Convention Against Torture 
     for purposes of the protection merits interview.
       ``(B) Date of filing.--The date on which the Secretary 
     issues a notification of a positive protection determination 
     pursuant to paragraph (2)(B)(i) shall be considered, for all 
     purposes, the date of filing and the date of receipt of the 
     alien's application for asylum, withholding of removal under 
     section 241(b)(3), or protection under the Convention Against 
     Torture, as applicable.
       ``(4) Referral for asylum proceedings.--
       ``(A) In general.--If the alien receives a positive 
     protection determination, he or she shall be referred to 
     asylum proceedings under section 240.
       ``(B) Notifications.--As soon as practicable after a 
     positive protection determination, the Secretary shall--
       ``(i) issue a written notification to the alien of the 
     outcome of such determination; and
       ``(ii) include all of the information described in 
     subsection (b)(2).
       ``(d) Negative Protection Determination.--
       ``(1) In general.--If an alien receives a negative 
     protection determination, the asylum officer shall--
       ``(A) provide such alien with written notification of such 
     determination; and
       ``(B) subject to paragraph (2), order the alien removed 
     from the United States without hearing or review.
       ``(2) Opportunity to request reconsideration or appeal.--
     The Secretary shall notify any alien described in paragraph 
     (1) immediately after receiving notification of a negative 
     protection determination under this subsection that he or 
     she--
       ``(A) may request reconsideration of such determination in 
     accordance with paragraph (3); and

[[Page S638]]

       ``(B) may request administrative review of such protection 
     determination decision in accordance with paragraph (4).
       ``(3) Request for reconsideration.--
       ``(A) In general.--Any alien with respect to whom a 
     negative protection determination has been made may submit a 
     request for reconsideration to U.S. Citizenship and 
     Immigration Services not later than 5 days after such 
     determination.
       ``(B) Decision.--The Director, or designee, in the 
     Director's unreviewable discretion, may grant or deny a 
     request for reconsideration made pursuant to subparagraph 
     (A), which decision shall not be subject to review.
       ``(4) Administrative review.--
       ``(A) In general.--The administrative review of a 
     protection determination with respect to an alien under this 
     subsection shall be at the discretion of the Secretary.
       ``(B) Exception.--An alien referred to in subparagraph (A), 
     or the alien's counsel of record, may submit such additional 
     evidence or testimony in accordance with such policies and 
     procedures as the Secretary may prescribe.
       ``(C) Review.--Each review described in subparagraph (A) 
     may be conducted by asylum officers so designated by the 
     Secretary at the discretion of the Secretary.
       ``(D) Standard of review.--In accordance with the 
     procedures prescribed by the Secretary, a review of the 
     record of the protection determination carried out pursuant 
     to this section may be undertaken for clear error.
       ``(E) Determination.--
       ``(i) Timing.--The Secretary shall complete a review under 
     this paragraph, to the maximum extent practicable, not later 
     than 72 hours after receiving a request from an alien 
     pursuant to subparagraph (D).
       ``(ii) Effect of positive determination.--If, after 
     conducting a review under this paragraph, the Secretary 
     determines that an alien has a positive protection 
     determination, the alien shall be referred for asylum 
     proceedings under section 240.
       ``(iii) Effect of negative determination.--If, after 
     conducting a review under this paragraph, the Secretary 
     determines that an alien has a negative protection 
     determination, the alien shall be ordered removed from the 
     United States without additional review.
       ``(5) Jurisdictional matters.--In any action brought 
     against an alien under section 275(a) or 276, the court shall 
     not have jurisdiction to hear any claim attacking the 
     validity of an order of removal entered under this section.
       ``(e) Service of Protection Determination Decision.--
       ``(1) Protection determination decision.--
       ``(A) In general.--Upon reaching a decision regarding a 
     protection determination, the Secretary shall--
       ``(i) immediately notify the alien, and the alien's counsel 
     of record, if applicable, that a determination decision has 
     been made; and
       ``(ii) schedule the service of the protection determination 
     decision, which shall take place, to the maximum extent 
     practicable, not later than 5 days after such notification.
       ``(B) Special rules.--
       ``(i) Location.--Each service of a protection determination 
     decision scheduled pursuant to subparagraph (A)(ii) may occur 
     at--

       ``(I) a U.S. Immigration and Customs Enforcement facility;
       ``(II) an Immigration Court; or
       ``(III) any other federally owned or federally leased 
     building that--

       ``(aa) the Secretary has authorized or entered into a 
     memorandum of agreement to be used for such purpose; and
       ``(bb) meets the minimum requirements under this 
     subparagraph.
       ``(ii) Minimum requirements.--In conducting each service of 
     a protection determination decision, the Director shall 
     ensure basic notice.
       ``(2) Procedures for service of protection determination 
     decisions.--
       ``(A) Written decision.--The Secretary shall ensure that 
     each alien and the alien's counsel of record, if applicable, 
     attending a determination decision receives a written 
     decision that includes, at a minimum, the articulated basis 
     for the denial of the protection benefit sought by the alien.
       ``(B) Language access.--The Secretary shall ensure that 
     each written decision required under subparagraph (A) is 
     delivered to the alien in--
       ``(i) the alien's native language, to the maximum extent 
     practicable; or
       ``(ii) another language the alien understands.
       ``(C) Access to counsel.--An alien who has obtained the 
     services of counsel shall be represented by such counsel, at 
     no expense to the Federal Government, at the service of the 
     protection determination. Nothing in this subparagraph may be 
     construed to create a substantive due process right or to 
     unreasonably delay the scheduling of the service of the 
     protection determination.
       ``(D) Asylum officer.--A protection determination decision 
     may only be served by an asylum officer.
       ``(E) Protections for asylum officer decisions based on the 
     merits of the case.--The Secretary may not impose 
     restrictions on an asylum officer's ability to grant or deny 
     relief sought by an alien in a protection determination or 
     protection merits interview based on a numerical limitation.
       ``(3) Negative protection determination.--
       ``(A) Advisement of rights and opportunities.--If an alien 
     receives a negative protection determination decision, the 
     asylum officer shall--
       ``(i) advise the alien if an alternative option of return 
     is available to the alien, including--

       ``(I) voluntary departure;
       ``(II) withdrawal of the alien's application for admission; 
     or
       ``(III) voluntary repatriation; and

       ``(ii) provide written or verbal information to the alien 
     regarding the process, procedures, and timelines for 
     appealing such denial, to the maximum extent practicable, in 
     the alien's native language, or in a language the alien 
     understands.
       ``(4) Protection for children.--In the case of a family 
     unit, the Secretary shall ensure that the best interests of 
     the child or children are considered when conducting a 
     protection determination of the child's family unit.
       ``(5) Final order of removal.--If an alien receives a 
     negative protection determination decision, an alien shall be 
     removed in accordance with section 241 upon a final order of 
     removal.
       ``(f) Rulemaking.--
       ``(1) In general.--The Secretary may promulgate such 
     regulations as are necessary to implement this section in 
     compliance with the requirements of section 553 of title 5, 
     United States Code.
       ``(2) Initial implementation.--Until the date that is 180 
     days after the date of the enactment of this section, the 
     Secretary may issue any interim final rules necessary to 
     implement this section without having to satisfy the 
     requirements of section 553(b)(B) of title 5, United States 
     Code, provided that any such interim final rules shall 
     include a 30-day post promulgation notice and comment period 
     prior to finalization in the Federal Register.
       ``(3) Requirement.--All regulations promulgated to 
     implement this section beginning on the date that is 180 days 
     after the date of the enactment of this section, shall be 
     issued pursuant to the requirements set forth in section 553 
     of title 5, United States Code.
       ``(g) Savings Provisions.--
       ``(1) Detention.--Nothing in this section may be construed 
     to affect the authority of the Secretary to detain an alien 
     released pursuant to this section if otherwise authorized by 
     law.
       ``(2) Special rule.--For aliens who are natives or citizens 
     of Cuba released pursuant to this section and who are 
     otherwise eligible for adjustment of status under the first 
     section of Public Law 89-732 (8 U.S.C. 1255 note) (commonly 
     known as the `Cuban Adjustment Act'), the requirement that an 
     alien has been inspected and admitted or paroled into the 
     United States shall not apply. Aliens who are natives or 
     citizens of Cuba or Haiti and have been released pursuant to 
     section 240 (8 U.S.C. 1229) shall be considered to be 
     individuals described in section 501(e)(1) of the Refugee 
     Education Assistance Act of 1980 (8 U.S.C. 1522 note).
       ``(3) Review of protection determinations.--Except for 
     reviews of constitutional claims, no court shall have 
     jurisdiction to review a protection determination issued by 
     U.S. Citizenship and Immigration Services under this section.
       ``(4) Final removal orders.--No court shall have 
     jurisdiction to review a final order of removal issued under 
     this section.
       ``(h) Judicial Review.--Notwithstanding any other provision 
     of this Act, judicial review of any decision or action in 
     this section shall be governed only by the United States 
     District Court for the Northern District of Texas, which 
     shall have sole and original jurisdiction to hear challenges, 
     whether constitutional or otherwise, to the validity of this 
     section or any written policy directive, written policy 
     guideline, written procedure, or the implementation thereof, 
     issued by or under the authority of the Secretary to 
     implement this section.
       ``(i) Definitions.--In this section:
       ``(1) Asylum officer.--The term `asylum officer' has the 
     meaning given such term in section 235(b)(1)(E).
       ``(2) Convention against torture.--The term `Convention 
     Against Torture' means the United Nations Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York December 10, 1984, including any 
     implementing regulations.
       ``(3) Director.--The term `Director' means the Director of 
     U.S. Citizenship and Immigration Services.
       ``(4) Final order of removal.--The term `final order of 
     removal' means an order of removal made by an asylum officer 
     at the conclusion of a protection determination, and any 
     appeal of such order, as applicable.
       ``(5) Protection determination decision.--The term 
     `protection determination decision' means the service of a 
     negative or positive protection determination outcome.
       ``(6) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 note) is 
     amended by inserting after the item relating to section 235A 
     the following:
``Sec. 235B. Provisional removal proceedings.''.
                                 ______