Stopping Border Surges Act

(a) In general. The Secretary of Homeland Security shall establish quality assurance procedures and take steps to effectively ensure that—

(1) questions by employees of the Department of Homeland Security exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a uniform manner, to the extent possible; and

(2) such questions and the answers provided in response to such questions are recorded in a uniform manner.

(b) Credible fear interview checklists. The Secretary of Homeland Security shall—

(1) provide a checklist of standard questions and concepts to be addressed in all interviews required under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) to immigration officers exercising decision-making authority in such interviews;

(2) routinely update such checklist to include relevant changes to law and procedures; and

(3) require all immigration officers utilizing such checklists to provide concise justifications of their decisions regardless of whether credible fear was or was not established by the alien.

(c) Factors relating to sworn statements. To the extent practicable, any sworn or signed written statement taken from an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a recording of the interview which served as the basis for such sworn statement.

(d) Interpreters. The Secretary of Homeland Security shall ensure the use of a competent interpreter who is not affiliated with the government of the country from which the alien may claim asylum if the interviewing officer does not speak a language understood by the alien.

(e) Recordings in immigration proceedings. All interviews of aliens subject to expedited removal shall be recorded (either by audio or by audio visual). Such recordings shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving such aliens.

(f) No private right of action. Nothing in this section may be construed to create—

(1) any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable in law or equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any person; or

(2) any right of review in any administrative, judicial, or other proceeding.