Safe Zones Act of 2022
Bill: H.R.8823 | Sponsor: Rep. Gonzalez, Vicente (D-TX)
Policy area: Immigration

Summary:
Safe Zones Act of 2022
This bill makes changes to procedures relating to seeking asylum, including by requiring the Department of State to establish safe zones in which an individual may apply for asylum. The State Department must establish at least three safe zones along the U.S.-Mexico border and one safe zone in Guatemala.

To amend the Immigration and Nationality Act to advance meritorious 
                 asylum claims, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Zones Act of 2022''.

SEC. 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)) by striking ``immigration 
officer'' and inserting ``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)) is amended--
            (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.''.

SEC. 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)) is 
        amended by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security''.
            (2) Safe zone.--Section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the 
        end the following new paragraph:
            ``(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) is amended by adding at the end the following new 
subsection:
    ``(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.

SEC. 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.

SEC. 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), as amended by this Act, is safe and provides humane conditions. 
The Secretary shall provide--
            (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.
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