of the crime referred to in that paragraph, the State 
or other political subdivision that enacted the statute 
or other legal requirement, shall be deemed to be the 
proper defendant in a cause of action under this 
subsection, and no such cause of action may be 
maintained against the political subdivision which 
declined to honor the detainer. 
(4) ATTORNEY’S FEE AND OTHER COSTS.—In 
any action or proceeding under this subsection the 
court shall allow a prevailing plaintiff a reasonable 
attorney’s fee as part of the costs, and include ex-
pert fees as part of the attorney’s fee. 
SEC. 1111. DEPARTMENT OF HOMELAND SECURITY ACCESS 
TO CRIME INFORMATION DATABASES. 
Section 105(b) of the Immigration and Nationality 
Act (8 U.S.C. 1105(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘the Service’’ and inserting 
‘‘the Department of Homeland Security’’; and 
(B) by striking ‘‘visa applicant or applicant 
for admission’’ and inserting ‘‘visa applicant, 
applicant for admission, applicant for adjust-
ment of status, or applicant for any other ben-
efit under the immigration laws’’; and 
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(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) The Secretary of Homeland Security shall 
receive, upon request, access to the information de-
scribed in paragraph (1) by means of extracts of the 
records for placement in the appropriate database 
without any fee or charge.’’. 
SEC. 1112. CLARIFICATION OF CONGRESSIONAL INTENT. 
Section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)) is amended— 
(1) in paragraph (1) by striking ‘‘may enter’’ 
and all that follows through the period at the end 
and inserting the following: ‘‘shall enter into a writ-
ten agreement with a State, or any political subdivi-
sion of a State, upon request of the State or political 
subdivision, pursuant to which officers or employees 
of the State or subdivision, who are determined by 
the Secretary to be qualified to perform a function 
of an immigration officer in relation to the investiga-
tion, apprehension, or detention of aliens in the 
United States (including the transportation of such 
aliens across State lines to detention centers), may 
carry out such function at the expense of the State 
or political subdivision and to the extent consistent 
with State and local law. No request from a bona 
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fide State or political subdivision or bona fide law 
enforcement agency shall be denied absent a compel-
ling reason. No limit on the number of agreements 
under this subsection may be imposed. The Sec-
retary shall process requests for such agreements 
with all due haste, and in no case shall take not 
more than 90 days from the date the request is 
made until the agreement is consummated.’’; 
(2) by redesignating paragraph (2) as para-
graph (5) and paragraphs (3) through (10) as para-
graphs (7) through (14), respectively; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) An agreement under this subsection shall accom-
modate a requesting State or political subdivision with re-
spect to the enforcement model or combination of models, 
and shall accommodate a patrol model, task force model, 
jail model, any combination thereof, or any other reason-
able model the State or political subdivision believes is best 
suited to the immigration enforcement needs of its juris-
diction. 
‘‘(3) No Federal program or technology directed 
broadly at identifying inadmissible or deportable aliens 
shall substitute for such agreements, including those es-
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tablishing a jail model, and shall operate in addition to 
any agreement under this subsection. 
‘‘(4)(A) No agreement under this subsection shall be 
terminated absent a compelling reason. 
‘‘(B)(i) The Secretary shall provide a State or polit-
ical subdivision written notice of intent to terminate at 
least 180 days prior to date of intended termination, and 
the notice shall fully explain the grounds for termination, 
along with providing evidence substantiating the Sec-
retary’s allegations. 
‘‘(ii) The State or political subdivision shall have the 
right to a hearing before an administrative law judge and, 
if the ruling is against the State or political subdivision, 
to appeal the ruling to the Federal Circuit Court of Ap-
peals and, if the ruling is against the State or political 
subdivision, to petition the Supreme Court for certeriori. 
‘‘(C) The agreement shall remain in full effect during 
the course of any and all legal proceedings.’’; and 
(4) by inserting after paragraph (5) (as redesig-
nated) the following: 
‘‘(6) The Secretary of Homeland Security shall make 
training of State and local law enforcement officers avail-
able through as many means as possible, including 
through residential training at the Center for Domestic 
Preparedness and the Federal Law Enforcement Training 
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Center, onsite training held at State or local police agen-
cies or facilities, online training courses by computer, tele-
conferencing, and videotape, or the digital video display 
(DVD) of a training course or courses. Distance learning 
through a secure, encrypted, distributed learning system 
that has all its servers based in the United States, is scal-
able, survivable, and can have a portal in place not later 
than 30 days after the date of the enactment of the Secur-
ing America’s Future Act of 2018, shall be made available 
by the COPS Office of the Department of Justice and the 
Federal Law Enforcement Training Center Distributed 
Learning Program for State and local law enforcement 
personnel. Preference shall be given to private sector- 
based, web-based immigration enforcement training pro-
grams for which the Federal Government has already pro-
vided support to develop.’’. 
TITLE II—ASYLUM REFORM 
SEC. 2101. CREDIBLE FEAR INTERVIEWS. 
Section 235(b)(1)(B)(v) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 
striking ‘‘claim’’ and all that follows, and inserting ‘‘claim, 
as determined pursuant to section 208(b)(1)(B)(iii), and 
such other facts as are known to the officer, that the alien 
could establish eligibility for asylum under section 208, 
and it is more probable than not that the statements made 
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by, and on behalf of, the alien in support of the alien’s 
claim are true.’’. 
SEC. 2102. JURISDICTION OF ASYLUM APPLICATIONS. 
Section 208(b)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1158) is amended by striking subparagraph 
(C). 
SEC. 2103. RECORDING EXPEDITED REMOVAL AND CRED-
IBLE FEAR INTERVIEWS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish quality assurance procedures and take 
steps to effectively ensure that questions by employees of 
the Department of Homeland Security exercising expe-
dited removal authority under section 235(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1225(b)) are asked 
in a uniform manner, to the extent possible, and that both 
these questions and the answers provided in response to 
them are recorded in a uniform fashion. 
(b) FACTORS RELATING TO SWORN STATEMENTS.— 
Where practicable, any sworn or signed written statement 
taken of an alien as part of the record of a proceeding 
under section 235(b)(1)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom-
panied by a recording of the interview which served as the 
basis for that sworn statement. 
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(c) INTERPRETERS.—The Secretary shall ensure that 
a competent interpreter, not affiliated with the govern-
ment of the country from which the alien may claim asy-
lum, is used when the interviewing officer does not speak 
a language understood by the alien. 
(d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 
There shall be an audio or audio visual recording of inter-
views of aliens subject to expedited removal. The recording 
shall be included in the record of proceeding and shall be 
considered as evidence in any further proceedings involv-
ing the alien. 
(e) NO PRIVATE RIGHT OF ACTION.—Nothing in this 
section shall be construed to create any right, benefit, 
trust, or responsibility, whether substantive or procedural, 
enforceable in law or equity by a party against the United 
States, its departments, agencies, instrumentalities, enti-
ties, officers, employees, or agents, or any person, nor does 
this section create any right of review in any administra-
tive, judicial, or other proceeding. 
SEC. 2104. SAFE THIRD COUNTRY. 
Section 208(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
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(2) by striking ‘‘removed, pursuant to a bilat-
eral or multilateral agreement, to’’ and inserting 
‘‘removed to’’. 
SEC. 2105. RENUNCIATION OF ASYLUM STATUS PURSUANT 
TO RETURN TO HOME COUNTRY. 
(a) IN GENERAL.—Section 208(c) of the Immigration 
and Nationality Act (8 U.S.C. 1158(c)) is amended by 
adding at the end the following new paragraph: 
‘‘(4) RENUNCIATION OF STATUS PURSUANT TO 
RETURN TO HOME COUNTRY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), any alien who is granted 
asylum status under this Act, who, absent 
changed country conditions, subsequently re-
turns to the country of such alien’s nationality 
or, in the case of an alien having no nationality, 
returns to any country in which such alien last 
habitually resided, and who applied for such 
status because of persecution or a well-founded 
fear of persecution in that country on account 
of race, religion, nationality, membership in a 
particular social group, or political opinion, 
shall have his or her status terminated. 
‘‘(B) WAIVER.—The Secretary has discre-
tion to waive subparagraph (A) if it is estab-
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lished to the satisfaction of the Secretary that 
the alien had a compelling reason for the re-
turn. The waiver may be sought prior to depar-
ture from the United States or upon return.’’. 
(b) CONFORMING AMENDMENT.—Section 208(c)(3) 
of the Immigration and Nationality Act (8 U.S.C. 
1158(c)(3)) is amended by inserting after ‘‘paragraph 
(2)’’ the following: ‘‘or (4)’’. 
SEC. 2106. NOTICE CONCERNING FRIVOLOUS ASYLUM AP-
PLICATIONS. 
(a) IN GENERAL.—Section 208(d)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 
amended— 
(1) in the matter preceding subparagraph (A), 
by inserting ‘‘the Secretary of Homeland Security 
or’’ before ‘‘the Attorney General’’; 
(2) in subparagraph (A), by striking ‘‘and of 
the consequences, under paragraph (6), of knowingly 
filing a frivolous application for asylum; and’’ and 
inserting a semicolon; 
(3) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) ensure that a written warning ap-
pears on the asylum application advising the 
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alien of the consequences of filing a frivolous 
application and serving as notice to the alien of 
the consequence of filing a frivolous applica-
tion.’’. 
(b) CONFORMING AMENDMENT.—Section 208(d)(6) 
of the Immigration and Nationality Act (8 U.S.C. 
1158(d)(6)) is amended by striking ‘‘If the’’ and all that 
follows and inserting: 
‘‘(A) If the Secretary of Homeland Secu-
rity or the Attorney General determines that an 
alien has knowingly made a frivolous applica-
tion for asylum and the alien has received the 
notice under paragraph (4)(C), the alien shall 
be permanently ineligible for any benefits under 
this chapter, effective as the date of the final 
determination of such an application. 
‘‘(B) An application is frivolous if the Sec-
retary of Homeland Security or the Attorney 
General determines, consistent with subpara-
graph (C), that— 
‘‘(i) it is so insufficient in substance 
that it is clear that the applicant know-
ingly filed the application solely or in part 
to delay removal from the United States, 
to seek employment authorization as an 
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applicant for asylum pursuant to regula-
tions issued pursuant to paragraph (2), or 
to seek issuance of a Notice to Appeal in 
order to pursue Cancellation of Removal 
under section 240A(b); or 
‘‘(ii) any of the material elements are 
knowingly fabricated. 
‘‘(C) In determining that an application is 
frivolous, the Secretary or the Attorney Gen-
eral, must be satisfied that the applicant, dur-
ing the course of the proceedings, has had suffi-
cient opportunity to clarify any discrepancies or 
implausible aspects of the claim. 
‘‘(D) For purposes of this section, a find-
ing that an alien filed a frivolous asylum appli-
cation shall not preclude the alien from seeking 
withholding of removal under section 241(b)(3) 
or protection pursuant to the Convention 
Against Torture.’’. 
SEC. 2107. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. 
(a) ASYLUM CREDIBILITY DETERMINATIONS.—Sec-
tion 208(b)(1)(B)(iii) of the Immigration and Nationality 
Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting 
after ‘‘all relevant factors’’ the following: ‘‘, including 
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statements made to, and investigative reports prepared by, 
immigration authorities and other government officials’’. 
(b) RELIEF
FOR REMOVAL CREDIBILITY DETER-
MINATIONS.—Section 240(c)(4)(C) of the Immigration 
and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended 
by inserting after ‘‘all relevant factors’’ the following: ‘‘, 
including statements made to, and investigative reports 
prepared by, immigration authorities and other govern-
ment officials’’. 
SEC. 2108. PENALTIES FOR ASYLUM FRAUD. 
Section 1001 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(d) Whoever, in any matter before the Secretary of 
Homeland Security or the Attorney General pertaining to 
asylum under section 208 of the Immigration and Nation-
ality Act or withholding of removal under section 
241(b)(3) of such Act, knowingly and willfully— 
‘‘(1) makes any materially false, fictitious, or 
fraudulent statement or representation; or 
‘‘(2) makes or uses any false writings or docu-
ment knowing the same to contain any materially 
false, fictitious, or fraudulent statement or entry, 
shall be fined under this title or imprisoned not more than 
10 years, or both.’’. 
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SEC. 2109. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD. 
Section 3291 of title 18, United States Code, is 
amended— 
(1) by striking ‘‘69, and sections’’ and inserting 
‘‘69, sections’’; 
(2) by inserting ‘‘section 1546 of this title’’ be-
fore ‘‘or for conspiracy’’; and 
(3) by striking ‘‘offense.’’ and inserting ‘‘of-
fense or within 10 years after the fraud is discov-
ered.’’. 
SEC. 2110. TECHNICAL AMENDMENTS. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(D), by inserting 
‘‘Secretary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(B) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; 
(2) in subsection (b)(2), by inserting ‘‘Secretary 
of Homeland Security or the’’ before ‘‘Attorney Gen-
eral’’ each place such term appears; 
(3) in subsection (c)— 
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(A) in paragraph (1), by striking ‘‘Attor-
ney General’’ each place such term appears and 
inserting ‘‘Secretary of Homeland Security’’; 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(C) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(4) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’ each place such term ap-
pears; 
(B) in paragraph (2), by striking ‘‘Attor-
ney General’’ and inserting ‘‘Secretary of 
Homeland Security’’; and 
(C) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(ii) in subparagraph (B), by inserting 
‘‘Secretary of Homeland Security or the’’ 
before ‘‘Attorney General’’. 
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TITLE 
III—IMMIGRATION 
JUDGES, 
FACILITIES, 
AND 
PERSONNEL 
SEC. 3101. FACILITIES FOR ASYLUM APPLICANTS WHO RE-
TAIN CUSTODY OF A CHILD. 
(a) IN GENERAL.—The designated agencies shall 
maintain facilities for the joint detention of Asylum Appli-
cants who retain custody of a child and the child. These 
facilities shall only contain individuals who are under the 
age of 18 or are the parents or legal guardians of individ-
uals under the age of 18. 
(b) FUNDING.—There are authorized to be appro-
priated for each of fiscal years 2019, 2020, and 2021 such 
sums as may be necessary to carry out this section. 
SEC. 3102. INCREASING THE NUMBER OF AUTHORIZED IM-
MIGRATION JUDGES. 
(a) INCREASE IN IMMIGRATION JUDGES.—The Attor-
ney General of the United States shall increase the total 
number of immigration judges to adjudicate pending cases 
and efficiently process future cases by 75 judges. 
(b) NECESSARY SUPPORT STAFF FOR IMMIGRATION 
JUDGES.—To address the shortage of support staff for 
immigration judges, the Attorney General shall ensure 
that each immigration judge has sufficient support staff, 
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