I 118th CONGRESS 1st Session H. R. 5838 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. Short title This Act may be cited as the Strengthening Authorities For Expedited Removal Act or the SAFER Act . 2. Credible fear interviews Section 235(b)(1)(B)(v) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B)(v) ) is amended by striking there is a significant possibility and all that follows, and inserting , taking into account the credibility of the statements made by the alien in support of the alien’s claim, as determined pursuant to section 208(b)(1)(B)(iii), and such other facts as are known to the officer, the alien more likely than not could establish eligibility for asylum under section 208, and it is more likely than not that the statements made by, and on behalf of, the alien in support of the alien’s claim are true. . 3. Immigration court docketing priorities during irregular migration influx events (a) In general The Attorney General shall, to the greatest extent practicable, prioritize docketing and processing of removal cases under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) for aliens who are apprehended on entering the United States in connection with an irregular migration influx event. (b) Irregular migration influx events The Attorney General, in consultation with the Secretary, shall establish criteria for determining when an irregular migration influx event commences and ends for purposes of carrying out the docketing priorities under subsection (a). (c) Access to legal counsel The Attorney General shall ensure that any master calendar or merits hearing in a removal case prioritized under subsection (a) is scheduled on a date and at a time that permits the alien a fair and reasonable opportunity to consult with and retain counsel prior to such hearing, consistent with section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ). (d) Report to congress Not later 90 days after the date of enactment of this Act, the Attorney General shall submit to the appropriate committees of Congress a report that includes— (1) the number of aliens who were apprehended after entering the United States in connection with an irregular migration influx event identified in accordance with subsection (b) and placed in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ), organized by the fiscal year in which the apprehension occurred and stating the number of single adults, unaccompanied alien children, and aliens that are apprehended as part of a family unit; (2) the number of aliens identified under paragraph (1) who appeared at master calendar hearings, including— (A) the number and percentage represented by counsel at such hearings; and (B) the average number of days between apprehension and such hearings; (3) the number of in absentia orders of removal issued to aliens identified under paragraph (1) at master calendar hearings, including the number of such aliens represented by counsel; (4) the number of aliens identified under paragraph (1) who appeared at final merits hearings, including the number and percentage represented by counsel at such hearings, and the average number of days between apprehension and such hearings; and (5) the number of in absentia orders of removal issued to aliens identified under paragraph (1) at final merits hearings, including the number of such aliens represented by counsel. 4. Negotiations by secretary of state to disincentivize unlawful immigration (a) Authorization To negotiate The Secretary of State shall seek to negotiate agreements, accords, and memoranda of understanding between the United States, Mexico, Honduras, El Salvador, Guatemala, and other countries in the Western Hemisphere with respect to cooperation and burden sharing required for effective regional immigration enforcement, detention, and repatriation of foreign nationals seeking to enter the United States unlawfully. (b) DHS enforcement The Secretary of Homeland Security shall prioritize the expeditious execution, within the legal jurisdiction of the Department of Homeland Security, of any agreements reached under subsection (a). (c) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out subsection (b). 5. Appropriations for Executive Office of Immigration Review adjudicatory capacity (a) In general Subject to the availability of appropriations, the Attorney General shall expeditiously improve adjudicatory capacity at the Executive Office for Immigration Review and hire not less than 150 additional immigration judges and support staff to increase adjudications. (b) Report Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to the appropriate congressional committees a report on the status of hiring additional judges and support staff as required under subsection (a). (c) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section. (d) Definition In this section, the term appropriate congressional committees means— (1) the Committee on Homeland Security of the House of Representatives; (2) the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on the Judiciary of the House of Representatives; and (3) the Committee on the Judiciary of the Senate.