ASSIMILATION Act

(v) Credible fear of persecution defined. For purposes of this subparagraph, the term credible fear of persecution means that, 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, more likely than not, the statements made by, and on behalf of, the alien in support of the alien’s claim are true.

(vi) Recording and quality assurance. The Secretary of Homeland Security shall—

(I) establish quality-assurance procedures to ensure, to the maximum extent practicable, that questions asked by employees of the Department of Homeland Security exercising expedited-removal authority under this section are asked in a uniform manner and that both such questions and the answers provided in response are recorded in a uniform manner;

(II) provide to immigration officers exercising decision-making authority in interviews under this subparagraph a checklist of standard questions and concepts to be addressed in all such interviews;

(III) require that such checklists be routinely updated to reflect relevant changes in law and procedure and, at a minimum, require concise written justifications of the officer’s decision whether credible fear of persecution was or was not established;

(IV) where practicable, ensure that any sworn or signed written statement taken of an alien as part of the record of a proceeding under subparagraph (A) is accompanied by a recording of the interview that served as the basis for that statement;

(V) ensure that a competent interpreter, not affiliated with the government of the country from which the alien may claim asylum, is used when the interviewing officer does not speak a language understood by the alien;

(VI) ensure that there is an audio or audiovisual recording of interviews of aliens subject to expedited removal under this paragraph; and

(VII) include any recording under subclause (VI) in the record of proceeding, where practicable, and permit such recording to be considered in any further proceeding involving the alien.