Safe Zones Act of 2023

To amend the Immigration and Nationality Act to advance meritorious asylum claims, and for other purposes. 1. Short title This Act may be cited as the Safe Zones Act of 2023 2. Streamlining asylum system (a) Officers of U.S. Customs and Border Protection authorized To conduct asylum interviews Section 235(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(E) immigration officer immigration officer, including trained and qualified staff as determined by the Secretary of Homeland Security, (b) Standards To optimize and advance meritorious asylum claims Section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) (1) by amending clause (v) to read as follows: (v) Credible fear of persecution (I) In general For purposes of this subparagraph, the term ‘credible fear of persecution’ means that there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien’s claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208 of this title. (II) Bars to asylum An alien shall not be determined to have a credible fear of persecution if the alien is prohibited from applying for or receiving asylum, including an alien subject to a limitation or condition under subsection (a)(2) or (b)(2) (including a regulation promulgated under such subsection) of section 208. ; and (2) by adding at the end the following: (vi) Eligibility for relief (I) Credible fear review by immigration judge Not later than 90 days after an alien submits an application for asylum at a safe zone, if the alien is determined to have a credible fear of persecution they shall be referred to an immigration judge for a determination of whether the alien is eligible for asylum under section 208, withholding of removal under section 241(b)(3), or protection under the Convention Against Torture. (II) Aliens with credible fear of persecution (aa) In general Except as provided in item (bb), if an alien referred under subparagraph (A)(ii) is determined to have a credible fear of persecution, the alien shall be eligible for asylum under section 208, withholding of removal under section 241(b)(3), or protection under the Convention Against Torture. (bb) Exception An alien shall not be eligible for consideration of an application for relief under item (aa) if the failure of the alien to establish a credible fear of persecution precludes the alien from eligibility for such relief. (vii) Ineligibility for removal proceedings An alien referred under subparagraph (A)(ii) shall not be eligible for a hearing under section 240. . 3. Establishment of safe zones (a) In general (1) Immigration officer Section 101(a)(18) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(18) Attorney General Secretary of Homeland Security (2) Safe zone Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) (53) The term safe zone (A) means a facility designated under section 207(g) by the Secretary of State to accept and process applications for refugee admissions to the United States; and (B) may include a United States embassy, consulate, or other diplomatic facility, or other facility as determined to be appropriate by the Secretary of State. . (b) Designation Section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (g) Safe zone (1) Designation Not later than 240 days after the date of the enactment of this subsection, the Secretary of State, in consultation with the Secretary of Homeland Security, shall designate a safe zone outside the United States. (2) Locations The Secretary of State shall establish— (A) not fewer than 3 safe zones along the United States-Mexico border; and (B) 1 safe zone in Guatemala. (3) Duties of Secretary of State The Secretary of State, in coordination with the Secretary of Homeland Security, shall ensure that any alien who is a national or habitual resident of a country in which a safe zone is located, or a country contiguous to such a country, may apply for refugee status at such safe zone. (4) Adjudications by immigration officers Not later than 30 days after a credible fear determination is made for an alien, an application for refugee status submitted to a safe zone shall be adjudicated by an immigration officer. (5) Priority The Secretary of State shall ensure that an application at a safe zone is prioritized— (A) for an alien who has been referred by an authorized nongovernmental organization, as determined by the Secretary of State; and (B) in accordance with any other requirements and procedures established by the Secretary of State under this subsection. (6) Application fees (A) In general The Secretary of State and the Secretary of Homeland Security shall charge, collect, and account for fees prescribed by each such Secretary pursuant to subsections (m) and (n) of section 286 of this Act and section 9701 of title 31, United States Code, for the purpose of receiving, docketing, processing, and adjudicating an application under this subsection. (B) Basis for fees The fees prescribed under subparagraph (A) shall be based on a consideration of the amount necessary to deter frivolous applications and the cost for processing the application, including the implementation of program integrity and anti-fraud measures. (7) Covid–19 Testing For the duration of the public health emergency with respect to COVID–19, the Secretary of State shall require an alien to present a negative test for COVID–19 to enter a safe zone. (8) Remote adjudication Remote adjudication may be used, at the discretion of the Secretary of Homeland Security, to adjudicate any application submitted at a safe zone outside the United States. (9) Authorization of appropriations There is authorized to be appropriated $40,000,000 for each of the fiscal years 2023 to 2033 for the designation of safe zones pursuant to this section. . (c) Sunset The amendments made by this section shall cease to have effect beginning on the date that is 10 years after the date of the enactment of this Act. 4. Additional personnel required (a) U.S. Customs and Border Protection Not later than one year after the date of the enactment of this Act, the Commissioner of the U.S. Customs and Border Protection shall hire, train, and assign an additional number, as determined necessary by the Secretary of Homeland Security, of border patrol agents. (b) Immigration judges Not later than six months after the date of the enactment of this Act, the Attorney General shall hire 20 immigration judges and all appropriate support staff to carry out this Act. 5. Service of safe zones (a) In general The Secretary of State shall ensure that a safe zone under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (1) security for the safe zone and shall ensure that it is fortified from potential danger; (2) temporary housing for an alien while such alien’s case is adjudicated; (3) adequate meals; and (4) access to medical care, social workers, the Legal Orientation Program administered by the Executive Office for Immigration Review, and other services the Secretary determines appropriate. (b) Authorization of appropriations There is authorized to be appropriated $40,000,000 for each of the fiscal years 2024 to 2034 to carry out this section.

Summary: Safe Zones Act of 2023 This bill makes changes to procedures relating to seeking asylum, including by establishing facilities outside of the United States to accept and process refugee applications to the United States. Specifically, the Department of State must establish safe zones that accept applications for asylum from individuals who are nationals of (1) the country where that safe zone is located, or (2) a country next to the country where the safe zone is located. The State Department must establish at least three safe zones along the U.S.-Mexico border and one safe zone in Guatemala. For each safe zone, the State Department must (1) ensure that it is fortified from danger; (2) provide temporary housing for individuals with pending applications; (3) provide adequate meals; and (4) provide access to various services, including medical services. The bill also imposes various requirements related to safe zones, including deadlines for processing applications. The bill expands the definition of asylum officer (i.e., officers who conduct initial credible fear reviews to determine whether an asylum seeker's application may proceed) to include trained and qualified staff as determined by the Department of Homeland Security (DHS). (In 2020, a federal court ruled that DHS may not use U.S. Customs and Border Protection agents to conduct such interviews.) The bill also requires the hiring of additional border patrol agents and immigration judges.