Section 1 Short title
This Act may be cited as the “Reimagining Asylum Processing Act of 2021”.
Reimagining Asylum Processing Act of 2021
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.
Sec. 2 Humanitarian processing centers for asylum seekers
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
in section 235(b)(1)—
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.”;
in subparagraph (B)—
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)),”;
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.”;
in clause (iii)—
in subclause (III)—
by inserting after “an opportunity for the alien to be heard” the following: “, including by being questioned by counsel for the alien,”; and
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
by striking subclause (IV);
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).”
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.”
in subparagraph (E)—
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”;
in clause (i), by striking “and” at the end;
by redesignating clause (ii) as clause (iii);
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”
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)”;
by inserting after section 235A the following:
“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.”
in section 241(a)(5)—
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
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.”
in section 242, by repealing subsection (e).
Sec. 3 Study on expansion of model
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.
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).