,i #aahth ,,congress #ast ,session ,h4 ,r4 #hgf ,,in ,,the ,,house ,,of ,,representatives ,february #h1 #bjbc,mrs4 ,lesko 7for herself1 ,mr4 ,gaetz1 ,mr4 ,higgins of ,louisiana1 ,mr4 ,babin1 and ,mr4 ,la,malfa7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to reform certain asylum procedures1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,border ,crisis ,prevention ,act of #bjbc4 #b4 ,credible fear interviews 7a7 ,determination of probability of claim truth ,section #bce7;b77#a77;,b77v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77v77 is amended by striking claim and all that follows1 and inserting claim1 as determined pursuant to section #bjh7;b77#a77;,b77iii71 and such other facts as are known to the officer1 that the alien could establish eligibility for asylum under section #bjh1 and it is more probable than not that the statements made by1 and on behalf of1 the alien in support of the alien's claim are true44 7b7 ,jurisdiction of asylum applications ,section #bjh7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended by striking subparagraph 7,c74 7c7 ,recording expedited removal and credible fear interviews 7#a7 ,in general ,the ,secretary of ,homeland ,security shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the ,department of ,homeland ,security exercising expedited removal authority under section #bce7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77 are asked in a uniform manner1 to the extent possible1 and that both these questions and the answers provided in response to them are recorded in a uniform fashion4 7#b7 ,factors relating to sworn statements ,where practicable1 any sworn or signed written statement taken of an alien as part of the record of a proceeding under section #bce7;b77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,a77 shall be accompanied by a recording of the interview which served as the basis for that sworn statement4 7#c7 ,interpreters ,the ,secretary shall ensure that a competent interpreter1 not affiliated with the government of the country from which the alien may claim asylum1 is used when the interviewing officer does not speak a language understood by the alien4 7#d7 ,recordings in immigration proceedings ,there shall be an audio or audio visual recording of interviews of aliens subject to expedited removal4 ,the recording shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien4 7#e7 ,no private right of action ,nothing in this subsection shall be construed to create any right1 benefit1 trust1 or responsibility1 whether substantive or procedural1 enforceable in law or equity by a party against the ,united ,states1 its departments1 agencies1 instrumentalities1 entities1 officers1 employees1 or agents1 or any person1 nor does this subsection create any right of review in any administrative1 judicial1 or other proceeding4 #c4 ,safe third country ,section #bjh7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77;,a77 is amended-- 7#a7 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security2 and 7#b7 by striking removed1 pursuant to a bilateral or multilateral agreement1 to and inserting removed to4 #d4 ,detention spaces ,there is authorized to be appropriated such sums as may be necessary to provide for sufficient detention spaces as the ,secretary of ,homeland ,security determines necessary to enforce the immigration laws4 #e4 ,immigration judges 7a7 ,in general ,the ,attorney ,general may appoint #ajj additional immigration judges in addition to immigration judges currently serving as of the date of enactment of this ,act4 7b7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out this section4 #f4 ,asylum procedures related to filing frivolous applications 7a7 ,notice concerning frivolous asylum applications 7#a7 ,in general ,section #bjh7;d77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#d77 is amended-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting the ,secretary of ,homeland ,security or before the ,attorney ,general2 7,b7 in subparagraph 7,a71 by striking and of the consequences1 under paragraph 7#f71 of knowingly filing a frivolous application for asylum2 and and inserting a semicolon2 7,c7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7,d7 by adding at the end the following3 7,c7 ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application and serving as notice to the alien of the consequence of filing a frivolous application4 4 7#b7 ,conforming amendment ,section #bjh7;d77#f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#f77 is amended by striking ,if the and all that follows and inserting3 7,a7 ,if the ,secretary of ,homeland ,security or the ,attorney ,general determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph 7#d77;,c71 the alien shall be permanently ineligible for any benefits under this chapter1 effective as the date of the final determination of such an application4 7,b7 ,an application is frivolous if the ,secretary of ,homeland ,security or the ,attorney ,general determines1 consistent with subparagraph 7,c71 that-- 7i7 it is so insufficient in substance that it is clear that the applicant knowingly filed the application solely or in part to delay removal from the ,united ,states1 to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph 7#b71 or to seek issuance of a ,notice to ,appear in order to pursue ,cancellation of ,removal under section #bdj;,a7b72 or 7ii7 any of the material elements are knowingly fabricated4 7,c7 ,in determining that an application is frivolous1 the ,secretary or the ,attorney ,general must be satisfied that the applicant1 during the course of the proceedings1 has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim4 7,d7 ,for purposes of this section1 a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section #bda7;b77#c7 or protection pursuant to the ,convention ,against ,torture4 4 7b7 ,anti-,fraud investigative work product 7#a7 ,asylum credibility determinations ,section #bjh7;b77#a77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#a77;,b77iii77 is amended by inserting after all relevant factors the following3 1 including statements made to1 and investigative reports prepared by1 immigration authorities and other government officials4 7#b7 ,relief for removal credibility determinations ,section #bdj7;c77#d77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#d77;,c77 is amended by inserting after all relevant factors the following3 1 including statements made to1 and investigative reports prepared by1 immigration authorities and other government officials4 #g4 ,detention of dangerous aliens ,section #bda7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77 is amended-- 7#a7 by striking ,attorney ,general each place it appears1 except for the first reference in paragraph 7#d77;,b77i71 and inserting ,secretary of ,homeland ,security2 7#b7 in paragraph 7#a71 by amending subparagraph 7,b7 to read as follows3 7,b7 ,beginning of period ,the removal period begins on the latest of the following3 7i7 ,the date the order of removal becomes administratively final4 7ii7 ,if the alien is not in the custody of the ,secretary on the date the order of removal becomes administratively final1 the date the alien is taken into such custody4 7iii7 ,if the alien is detained or confined 7except under an immigration process7 on the date the order of removal becomes administratively final1 the date the alien is taken into the custody of the ,secretary1 after the alien is released from such detention or confinement4 2 7#c7 in paragraph 7#a71 by amending subparagraph 7,c7 to read as follows3 7,c7 ,suspension of period 7i7 ,extension ,the removal period shall be extended beyond a period of #ij days and the ,secretary may1 in the ,secretary's sole discretion1 keep the alien in detention during such extended period if-- 7,i7 the alien fails or refuses to make all reasonable efforts to comply with the removal order1 or to fully cooperate with the ,secretary's efforts to establish the alien's identity and carry out the removal order1 including making timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal that is subject to an order of removal2 7,,ii7 a court1 the ,board of ,immigration ,appeals1 or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal2 7,,iii7 the ,secretary transfers custody of the alien pursuant to law to another ,federal agency or a ,state or local government agency in connection with the official duties of such agency2 or 7,,iv7 a court or the ,board of ,immigration ,appeals orders a remand to an immigration judge or the ,board of ,immigration ,appeals1 during the time period when the case is pending a decision on remand 7with the removal period beginning anew on the date that the alien is ordered removed on remand74 7ii7 ,renewal ,if the removal period has been extended under subparagraph 7,c77i71 a new removal period shall be deemed to have begun on the date-- 7,i7 the alien makes all reasonable efforts to comply with the removal order1 or to fully cooperate with the ,secretary's efforts to establish the alien's identity and carry out the removal order2 7,,ii7 the stay of removal is no longer in effect2 or 7,,iii7 the alien is returned to the custody of the ,secretary4 7iii7 ,mandatory detention for certain aliens ,in the case of an alien described in subparagraphs 7,a7 through 7,d7 of section #bcf7;c77#a71 the ,secretary shall keep that alien in detention during the extended period described in clause 7i74 7iv7 ,sole form of relief ,an alien may seek relief from detention under this subparagraph only by filing an application for a writ of habeas corpus in accordance with chapter #aec of title #bh1 ,united ,states ,code4 ,no alien whose period of detention is extended under this subparagraph shall have the right to seek release on bond4 2 7#d7 in paragraph 7#c7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting after ,if the alien does not leave or is not removed within the removal period the following3 or is not detained pursuant to paragraph 7#f7 of this subsection2 and 7,b7 by striking subparagraph 7,d7 and inserting the following3 7,d7 to obey reasonable restrictions on the alien's conduct or activities that the ,secretary prescribes for the alien1 in order to prevent the alien from absconding1 for the protection of the community1 or for other purposes related to the enforcement of the immigration laws4 2 7#e7 in paragraph 7#d77;,a71 by striking paragraph 7#b7 and inserting subparagraph 7,b72 and 7#f7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,additional rules for detention or release of certain aliens 7,a7 ,detention review process for cooperative aliens established ,for an alien who is not otherwise subject to mandatory detention1 who has made all reasonable efforts to comply with a removal order and to cooperate fully with the ,secretary of ,homeland ,security's efforts to establish the alien's identity and carry out the removal order1 including making timely application in good faith for travel or other documents necessary to the alien's departure1 and who has not conspired or acted to prevent removal1 the ,secretary shall establish an administrative review process to determine whether the alien should be detained or released on conditions4 ,the ,secretary shall make a determination whether to release an alien after the removal period in accordance with subparagraph 7,b74 ,the determination shall include consideration of any evidence submitted by the alien1 and may include consideration of any other evidence1 including any information or assistance provided by the ,secretary of ,state or other ,federal official and any other information available to the ,secretary of ,homeland ,security pertaining to the ability to remove the alien4 7,b7 ,authority to detain beyond removal period 7i7 ,in general ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's sole discretion1 may continue to detain an alien for #ij days beyond the removal period 7including any extension of the removal period as provided in paragraph 7#a77;,c774 ,an alien whose detention is extended under this subparagraph shall have no right to seek release on bond4 7ii7 specific circumstances ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's sole discretion1 may continue to detain an alien beyond the #ij days authorized in clause 7i7-- 7,i7 until the alien is removed1 if the ,secretary1 in the ,secretary's sole discretion1 determines that there is a significant likelihood that the alien-- 7aa7 will be removed in the reasonably foreseeable future2 or 7bb7 would be removed in the reasonably foreseeable future1 or would have been removed1 but for the alien's failure or refusal to make all reasonable efforts to comply with the removal order1 or to cooperate fully with the ,secretary's efforts to establish the alien's identity and carry out the removal order1 including making timely application in good faith for travel or other documents necessary to the alien's departure1 or conspires or acts to prevent removal2 7,,ii7 until the alien is removed1 if the ,secretary of ,homeland ,security certifies in writing-- 7aa7 in consultation with the ,secretary of ,health and ,human ,services1 that the alien has a highly contagious disease that poses a threat to public safety2 7bb7 after receipt of a written recommendation from the ,secretary of ,state1 that release of the alien is likely to have serious adverse foreign policy consequences for the ,united ,states2 7cc7 based on information available to the ,secretary of ,homeland ,security 7including classified1 sensitive1 or national security information1 and without regard to the grounds upon which the alien was ordered removed71 that there is reason to believe that the release of the alien would threaten the national security of the ,united ,states2 or 7dd7 that the release of the alien will threaten the safety of the community or any person1 conditions of release cannot reasonably be expected to ensure the safety of the community or any person1 and either 7,,aa7 the alien has been convicted of one or more aggravated felonies 7as defined in section #aja7;a77#dc77;,a77 or of one or more crimes identified by the ,secretary of ,homeland ,security by regulation1 or of one or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes1 if the aggregate term of imprisonment for such attempts or conspiracies is at least #e years2 or 7,,bb7 the alien has committed one or more crimes of violence 7as defined in section #af of title #ah1 ,united ,states ,code1 but not including a purely political offense7 and1 because of a mental condition or personality disorder and behavior associated with that condition or disorder1 the alien is likely to engage in acts of violence in the future2 or 7,,iii7 pending a certification under subclause 7,,ii71 so long as the ,secretary of ,homeland ,security has initiated the administrative review process not later than #cj days after the expiration of the removal period 7including any extension of the removal period1 as provided in paragraph 7#a77;,c774 7iii7 ,no right to bond hearing ,an alien whose detention is extended under this subparagraph shall have no right to seek release on bond1 including by reason of a certification under clause 7ii77,,ii74 7,c7 ,renewal and delegation of certification 7i7 ,renewal ,the ,secretary of ,homeland ,security may renew a certification under subparagraph 7,b77ii77,,ii7 every #f months1 after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request4 ,if the ,secretary does not renew a certification1 the ,secretary may not continue to detain the alien under subparagraph 7,b77ii77,,ii74 7ii7 ,delegation ,notwithstanding section #ajc1 the ,secretary of ,homeland ,security may not delegate the authority to make or renew a certification described in item 7bb71 7cc71 or 7dd7 of subparagraph 7,b77ii77,,ii7 below the level of the ,director of ,immigration and ,customs ,enforcement4 7iii7 ,hearing ,the ,secretary of ,homeland ,security may request that the ,attorney ,general or the ,attorney ,general's designee provide for a hearing to make the determination described in item 7dd77,,bb7 of subparagraph 7,b77ii77,,ii74 7,d7 ,release on conditions ,if it is determined that an alien should be released from detention by a ,federal court1 the ,board of ,immigration ,appeals1 or if an immigration judge orders a stay of removal1 the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's discretion1 may impose conditions on release as provided in paragraph 7#c74 7,e7 ,redetention ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's discretion1 without any limitations other than those specified in this section1 may again detain any alien subject to a final removal order who is released from custody1 if removal becomes likely in the reasonably foreseeable future1 the alien fails to comply with the conditions of release1 or to continue to satisfy the conditions described in subparagraph 7,a71 or if1 upon reconsideration1 the ,secretary1 in the ,secretary's sole discretion1 determines that the alien can be detained under subparagraph 7,b74 ,this section shall apply to any alien returned to custody pursuant to this subparagraph1 as if the removal period terminated on the day of the redetention4 7,f7 ,review of determinations by ,secretary ,a determination by the ,secretary under this paragraph shall not be subject to review by any other agency4 4