I 

116TH CONGRESS 

1ST SESSION H. R. 3855 

To amend the Immigration and Nationality Act to reform asylum procedures, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 19, 2019 

Mrs. LESKO introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to reform 

asylum procedures, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CREDIBLE FEAR INTERVIEWS. 

4 Section 235(b)(1)(B)(v) of the Immigration and Na5 tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 

6 striking ‘‘claim’’ and all that follows, and inserting ‘‘claim, 

7 as determined pursuant to section 208(b)(1)(B)(iii), and 

8 such other facts as are known to the officer, that the alien 

9 could establish eligibility for asylum under section 208, 

10 and it is more probable than not that the statements made 


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1 by, and on behalf of, the alien in support of the alien’s 

2 claim are true.’’. 

3 SEC. 2. JURISDICTION OF ASYLUM APPLICATIONS. 

4 Section 208(b)(3) of the Immigration and Nationality 

5 Act (8 U.S.C. 1158) is amended by striking subparagraph 

6 (C). 

7 SEC. 3. RECORDING EXPEDITED REMOVAL AND CREDIBLE 

8 FEAR INTERVIEWS. 

9 (a) IN GENERAL.—The Secretary of Homeland Secu10 rity shall establish quality assurance procedures and take 

11 steps to effectively ensure that questions by employees of 

12 the Department of Homeland Security exercising expe13 dited removal authority under section 235(b) of the Immi14 gration and Nationality Act (8 U.S.C. 1225(b)) are asked 

15 in a uniform manner, to the extent possible, and that both 

16 these questions and the answers provided in response to 

17 them are recorded in a uniform fashion. 

18 (b) FACTORS RELATING TO SWORN STATEMENTS.— 

19 Where practicable, any sworn or signed written statement 

20 taken of an alien as part of the record of a proceeding 

21 under section 235(b)(1)(A) of the Immigration and Na22 tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom23 panied by a recording of the interview which served as the 

24 basis for that sworn statement. 


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1 (c) INTERPRETERS.—The Secretary shall ensure that 

2 a competent interpreter, not affiliated with the govern3 ment of the country from which the alien may claim asy4 lum, is used when the interviewing officer does not speak 

5 a language understood by the alien. 

6 (d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 

7 There shall be an audio or audio visual recording of inter8 views of aliens subject to expedited removal. The recording 

9 shall be included in the record of proceeding and shall be 

10 considered as evidence in any further proceedings involv11 ing the alien. 

12 (e) NO PRIVATE RIGHT OF ACTION.—Nothing in this 

13 section shall be construed to create any right, benefit, 

14 trust, or responsibility, whether substantive or procedural, 

15 enforceable in law or equity by a party against the United 

16 States, its departments, agencies, instrumentalities, enti17 ties, officers, employees, or agents, or any person, nor does 

18 this section create any right of review in any administra19 tive, judicial, or other proceeding. 

Æ 


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