Title 22, Foreign Relations and IntercourseRelease 119-110

§6474 Studies on Effect of Expedited Removal Provisions on Asylum Claims

Title 22 › CHAPTER 73 — INTERNATIONAL RELIGIOUS FREEDOM › SUBCHAPTER IV — REFUGEE, ASYLUM, AND CONSULAR MATTERS › § 6474

Last updated Sep 22, 2026|Official source

Summary

If a commission asks, the Attorney General must invite experts chosen by the commission to work with the U.S. Comptroller General on a study of how immigration officers handle people who might qualify for asylum under section 1225(b). The Comptroller General must study alone or with those experts whether officers are doing any of four things: pushing people to drop their attempts to enter the country, failing to send them for an interview to decide if they have a real fear of persecution, sending them back to places where they may be persecuted, or holding them improperly or in poor conditions. The experts may send their own report or join the Comptroller General’s report. The Comptroller General must send the study results to the House and Senate Judiciary Committees, the House Committee on International Relations, and the Senate Committee on Foreign Relations by September 1, 2000. To do the study, the Attorney General must give the Comptroller General and the invited experts full access to all stages of the proceedings under section 1225(b), unless the person objects or there is a security risk. Any limits on experts’ access must not violate international law.

Full Legal Text

Title 22, §6474

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Reference

Citations & Metadata

Citation

22 U.S.C. § 6474

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110