[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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