1. Short title
This Act may be cited as the “Providing Justice for Asylum Seekers Act of 2019”.
Providing Justice for Asylum Seekers Act of 2019
A BILL
To amend the Immigration and Nationality Act with respect to in absentia removal proceedings, and for other purposes.
2. Initiation of removal proceedings
Section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)) is amended—
in paragraph (1)(F), by inserting “the Secretary of Homeland Security or” before “the Attorney General” each place such term appears; and
in paragraph (2)(A), by striking “the alien or to the alien's counsel of record” and inserting “the alien and to the alien's counsel of record”.
3. Removal proceedings
Section 240(b) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)) is amended—
in paragraph (5)—
by amending subparagraph (A) to read as follows:
“(A) Removal in absentia
“(i) In general—Any alien who, after a proceeding under this section is rescheduled by an immigration judge due to the alien’s failure to attend such proceeding, and written notice required under paragraph (1) or (2) of section 239(a) has been provided to the alien or the alien’s counsel of record, does not attend a proceeding under this section, may be ordered removed in absentia if the Secretary of Homeland Security establishes by clear, unequivocal, and convincing evidence that—
“(I) sufficient written notice was so provided;
“(II) the alien is removable (as defined in subsection (e)(2)); and
“(III) in the case of an alien required to periodically report to the Department of Homeland Security, the alien has demonstrated a pattern of failing to report.
“(ii) Sufficient notice—The written notice provided by the Attorney General shall be considered sufficient for purposes of this subparagraph if provided at the most recent address provided under section 239(a)(1)(F).”
in subparagraph (C)—
in clause (i)—
by striking “within 180 days” and inserting “at any time”; and
by striking “or” at the end;
in clause (ii), by striking the period at the end and inserting “, or”;
by inserting after clause (ii) the following:
“(iii) upon a motion to reopen filed at any time if the alien is a minor child.”
by striking “clause (i) or (ii)” and inserting “clause (i), (ii), or (iii)”; and
by adding at the end the following:
“(8) Check-in history—Before an immigration judge conducts a proceeding under this section, the Secretary of Homeland Security shall report to the immigration judge the extent to which the alien has complied with any requirement to report periodically the alien’s whereabouts to the Secretary of Homeland Security.”