I 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Authori5 ties For Expedited Removal Act’’ or the ‘‘SAFER Act’’. 

6 SEC. 2. CREDIBLE FEAR INTERVIEWS. 

7 Section 235(b)(1)(B)(v) of the Immigration and Na8 tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 

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1 lows, and inserting ‘‘, taking into account the credibility 

2 of the statements made by the alien in support of the 

3 alien’s claim, as determined pursuant to section 

4 208(b)(1)(B)(iii), and such other facts as are known to 

5 the officer, the alien more likely than not could establish 

6 eligibility for asylum under section 208, and it is more 

7 likely than not that the statements made by, and on behalf 

8 of, the alien in support of the alien’s claim are true.’’. 

9 SEC. 3. IMMIGRATION COURT DOCKETING PRIORITIES 

10 DURING IRREGULAR MIGRATION INFLUX 

11 EVENTS. 

12 (a) IN GENERAL.—The Attorney General shall, to the 

13 greatest extent practicable, prioritize docketing and proc14 essing of removal cases under section 240 of the Immigra15 tion and Nationality Act (8 U.S.C. 1229a) for aliens who 

16 are apprehended on entering the United States in connec17 tion with an irregular migration influx event. 

18 (b) IRREGULAR MIGRATION INFLUX EVENTS.—The 

19 Attorney General, in consultation with the Secretary, shall 

20 establish criteria for determining when an irregular migra21 tion influx event commences and ends for purposes of car22 rying out the docketing priorities under subsection (a). 

23 (c) ACCESS TO LEGAL COUNSEL.—The Attorney 

24 General shall ensure that any master calendar or merits 

25 hearing in a removal case prioritized under subsection (a) 


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1 is scheduled on a date and at a time that permits the alien 

2 a fair and reasonable opportunity to consult with and re3 tain counsel prior to such hearing, consistent with section 

4 292 of the Immigration and Nationality Act (8 U.S.C. 

5 1362). 

6 (d) REPORT TO CONGRESS.—Not later 90 days after 

7 the date of enactment of this Act, the Attorney General 

8 shall submit to the appropriate committees of Congress 

9 a report that includes— 

10 (1) the number of aliens who were apprehended 

11 after entering the United States in connection with 

12 an irregular migration influx event identified in ac13 cordance with subsection (b) and placed in removal 

14 proceedings under section 240 of the Immigration 

15 and Nationality Act (8 U.S.C. 1229a), organized by 

16 the fiscal year in which the apprehension occurred 

17 and stating the number of single adults, unaccom18 panied alien children, and aliens that are appre19 hended as part of a family unit; 

20 (2) the number of aliens identified under para21 graph (1) who appeared at master calendar hear22 ings, including— 

23 (A) the number and percentage rep24 resented by counsel at such hearings; and 


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1 (B) the average number of days between 

2 apprehension and such hearings; 

3 (3) the number of in absentia orders of removal 

4 issued to aliens identified under paragraph (1) at 

5 master calendar hearings, including the number of 

6 such aliens represented by counsel; 

7 (4) the number of aliens identified under para8 graph (1) who appeared at final merits hearings, in9 cluding the number and percentage represented by 

10 counsel at such hearings, and the average number of 

11 days between apprehension and such hearings; and 

12 (5) the number of in absentia orders of removal 

13 issued to aliens identified under paragraph (1) at 

14 final merits hearings, including the number of such 

15 aliens represented by counsel. 

16 SEC. 4. NEGOTIATIONS BY SECRETARY OF STATE TO 

17 DISINCENTIVIZE UNLAWFUL IMMIGRATION. 

18 (a) AUTHORIZATION TO NEGOTIATE.—The Secretary 

19 of State shall seek to negotiate agreements, accords, and 

20 memoranda of understanding between the United States, 

21 Mexico, Honduras, El Salvador, Guatemala, and other 

22 countries in the Western Hemisphere with respect to co23 operation and burden sharing required for effective re24 gional immigration enforcement, detention, and repatriVerDate Sep 11 2014 03:48 Oct 05, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5838.IH H5838

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1 ation of foreign nationals seeking to enter the United 

2 States unlawfully. 

3 (b) DHS ENFORCEMENT.—The Secretary of Home4 land Security shall prioritize the expeditious execution, 

5 within the legal jurisdiction of the Department of Home6 land Security, of any agreements reached under subsection 

7 (a). 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated such sums as may be nec10 essary to carry out subsection (b). 

11 SEC. 5. APPROPRIATIONS FOR EXECUTIVE OFFICE OF IM12 MIGRATION REVIEW ADJUDICATORY CAPAC13 ITY. 

14 (a) IN GENERAL.—Subject to the availability of ap15 propriations, the Attorney General shall expeditiously im16 prove adjudicatory capacity at the Executive Office for 

17 Immigration Review and hire not less than 150 additional 

18 immigration judges and support staff to increase adjudica19 tions. 

20 (b) REPORT.—Not later than 180 days after the date 

21 of enactment of this Act, the Attorney General shall sub22 mit to the appropriate congressional committees a report 

23 on the status of hiring additional judges and support staff 

24 as required under subsection (a). 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated such sums as may be nec3 essary to carry out this section. 

4 (d) DEFINITION.—In this section, the term ‘‘appro5 priate congressional committees’’ means— 

6 (1) the Committee on Homeland Security of the 

7 House of Representatives; 

8 (2) the Committee on Homeland Security and 

9 Governmental Affairs of the Senate; the Committee 

10 on the Judiciary of the House of Representatives; 

11 and 

12 (3) the Committee on the Judiciary of the Sen13 ate. 

Æ 


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