ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

22 U.S.C. § 6474Studies on effect of expedited removal provisions on asylum claims

submitted 28 years ago by Pub. L. 105-292 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 476 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses studies on effect of expedited removal provisions on asylum claims. It sets the rules stated in the section.

(a) Studies. (1) If the Commission asks, the Attorney General must invite Commission-designated experts recognized for refugee and asylum expertise to study, with the Comptroller General, whether the immigration officers described in paragraph (2) engage in the listed conduct. (2) The Comptroller General, alone or with those experts when the Commission asks, must study whether officers working under section 1225(b) of title 8 for aliens who may qualify for asylum: (A) improperly encourage withdrawal of admission applications; (B) wrongly fail to refer an alien for an asylum-officer interview about credible fear of persecution, as section 1225(b)(1)(B)(v) defines it; (C) wrongly remove an alien to a country where the alien may be persecuted; or (D) improperly detain an alien or use inappropriate conditions. (b) Reports. (1) Commission-designated experts may send their report to the committees listed in paragraph (2), either with the Comptroller General's report or separately. (2) By September 1, 2000, the Comptroller General must report the study results to the House and Senate Judiciary Committees, the House International Relations Committee, and the Senate Foreign Relations Committee. If the Commission asks experts to help prepare and submit it, the Comptroller General must allow that participation. (c) Access to proceedings. (1) Except for paragraph (2)'s exceptions, the Attorney General must give the Comptroller General—and, when requested, the Commission-designated experts—unrestricted access to every stage of proceedings under section 1225(b) to help with the studies and reports. (2) Access is not required when the alien objects or the Attorney General decides the proceeding's security would be threatened, so long as limits on Commission-designated experts do not violate international law.
the actual law source: uscode.house.gov ↗public domain
(a) Studies
(1) Commission request for participation by experts on refugee and asylum issues

If the Commission so requests, the Attorney General shall invite experts designated by the Commission, who are recognized for their expertise and knowledge of refugee and asylum issues, to conduct a study, in cooperation with the Comptroller General of the United States, to determine whether immigration officers described in paragraph (2) are engaging in any of the conduct described in such paragraph.

(2) Duties of Comptroller General

The Comptroller General of the United States shall conduct a study alone or, upon request by the Commission, in cooperation with experts designated by the Commission, to determine whether immigration officers performing duties under section 1225(b) of title 8 with respect to aliens who may be eligible to be granted asylum are engaging in any of the following conduct:

(A)

Improperly encouraging such aliens to withdraw their applications for admission.

(B)

Incorrectly failing to refer such aliens for an interview by an asylum officer for a determination of whether they have a credible fear of persecution (within the meaning of section 1225(b)(1)(B)(v) of title 8).

(C)

Incorrectly removing such aliens to a country where they may be persecuted.

(D)

Detaining such aliens improperly or in inappropriate conditions.

(b) Reports
(1) Participation by experts

In the case of a Commission request under subsection (a), the experts designated by the Commission under that subsection may submit a report to the committees described in paragraph (2). Such report may be submitted with the Comptroller General’s report under subsection (a)(2) or independently.

(2) Duties of Comptroller General

Not later than September 1, 2000, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, the Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate a report containing the results of the study conducted under subsection (a)(2). If the Commission requests designated experts to participate with the Comptroller General in the preparation and submission of the report, the Comptroller General shall grant the request.

(c) Access to proceedings
(1) In general

Except as provided in paragraph (2), to facilitate the studies and reports, the Attorney General shall permit the Comptroller General of the United States and, in the case of a Commission request under subsection (a), the experts designated under subsection (a) to have unrestricted access to all stages of all proceedings conducted under section 1225(b) of title 8.

(2) Exceptions

Paragraph (1) shall not apply in cases in which the alien objects to such access, or the Attorney General determines that the security of a particular proceeding would be threatened by such access, so long as any restrictions on the access of experts designated by the Commission under subsection (a) do not contravene international law.

Source credit: (Pub. L. 105–292, title VI, § 606, formerly § 605, Oct. 27, 1998, 112 Stat. 2814; renumbered § 606, Pub. L. 114–281, title V, § 501(1), Dec. 16, 2016, 130 Stat. 1437.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-292 · 112 Stat. 2814
  • 2016Amended · Pub. L. 114-281 · 130 Stat. 1437

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-292 on 1998-10-27.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case