Section 1 Short title
This Act may be cited as the “Updated Standards for Asylum Act of 2023” or the “USA Act of 2023”.
Updated Standards for Asylum Act of 2023
A BILL
To amend the Immigration and Nationality Act to tighten asylum laws, and for other purposes.
Sec. 2 Credible fear interviews
Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking “claim” and all that follows, and inserting “claim, as determined pursuant to section 208(b)(1)(B)(iii), and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208, and it is more probable than not that the statements made by, and on behalf of, the alien in support of the alien’s claim are true.”.
Sec. 3 Jurisdiction of asylum applications
Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by striking subparagraph (C).
Sec. 4 Recording expedited removal and credible fear interviews
In general— The Secretary of Homeland Security shall establish quality assurance procedures and take steps to effectively ensure that 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 that both these questions and the answers provided in response to them are recorded in a uniform fashion.
Factors relating to sworn statements— Where practicable, any sworn or signed written statement taken of 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 that sworn statement.
Interpreters— The Secretary shall 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.
Recordings in immigration proceedings— There shall be an audio or audio visual recording of interviews of aliens subject to expedited removal. The recording shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien.
No private right of action— Nothing in this section shall be construed to create 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, nor does this section create any right of review in any administrative, judicial, or other proceeding.
Sec. 5 Safe third country
Section 208(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)(A)) is amended—
by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”; and
by striking “removed, pursuant to a bilateral or multilateral agreement, to” and inserting “removed to”.
Sec. 6 Renunciation of asylum status pursuant to return to home country
In general— Section 208(c) of the Immigration and Nationality Act (8 U.S.C. 1158(c)) is amended by adding at the end the following new paragraph:
“(4) Renunciation of status pursuant to return to home country
“(A) In general—Except as provided in subparagraph (B), any alien who is granted asylum under this Act, who, absent changed country conditions, subsequently returns to the country of such alien’s nationality or, in the case of an alien having no nationality, returns to any country in which such alien last habitually resided, and who applied for such status because of persecution or a well-founded fear of persecution in that country on account of race, religion, nationality, membership in a particular social group, or political opinion, shall have his or her status terminated.
“(B) Waiver—The Secretary has discretion to waive subparagraph (A) if it is established to the satisfaction of the Secretary that the alien had a compelling reason for the return. The waiver may be sought prior to departure from the United States or upon return.”
Conforming amendment— Section 208(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after “paragraph (2)” the following: “or (4)”.
Sec. 7 Notice concerning frivolous asylum applications
In general— Section 208(d)(4) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(4)) is amended—
in the matter preceding subparagraph (A), by inserting “the Secretary of Homeland Security or” before “the Attorney General”;
in subparagraph (A), by striking “and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and” and inserting a semicolon;
in subparagraph (B), by striking the period and inserting “; and”; and
by adding at the end the following:
“(C) ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application, which written warning shall serve as notice to the alien of the consequence of filing a frivolous application.”
Conforming amendment— Section 208(d)(6) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking “If the” and all that follows and inserting:
“(A) Determination—If the Secretary of Homeland Security or the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(C), the alien shall be permanently ineligible for any benefits under this Act, effective as the date of the final determination of such an application.
“(B) Criteria—An application is frivolous if the Secretary of Homeland Security or the Attorney General determines, consistent with subparagraph (C), that—
“(i) it is so insufficient in substance that it is clear that the applicant knowingly filed the application solely or in part to delay removal from the United States, to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph (2), or to seek issuance of a Notice to Appeal in order to pursue Cancellation of Removal under section 240A(b); or
“(ii) any of the material elements of the application are knowingly fabricated.
“(C) Opportunity to clarify—The Secretary of the Attorney General may not make a determination under this paragraph that an application is frivolous unless, during the course of the proceedings, the applicant has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim.
“(D) Availability of certain relief—A finding under this paragraph that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3) or protection pursuant to the Convention Against Torture.”
Sec. 8 Anti-fraud investigative work product
Asylum credibility determinations— Section 208(b)(1)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting after “all relevant factors” the following: “, including statements made to, and investigative reports prepared by, immigration authorities and other government officials”.
Relief for removal credibility determinations— Section 240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended by inserting after “all relevant factors” the following: “, including statements made to, and investigative reports prepared by, immigration authorities and other government officials”.
Sec. 9 Penalties for asylum fraud
Section 1001 of title 18, United States Code, is amended by adding at the end the following:
“(d) Whoever, in any matter before the Secretary of Homeland Security or the Attorney General pertaining to an application for asylum or the adjudication of an application for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) or withholding of removal under section 241(b)(3) of such Act (8 U.S.C. 1231), knowingly and willfully—
“(1) makes any materially false, fictitious, or fraudulent statement or representation; or
“(2) makes or uses any false writings or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry,”
Sec. 10 Statute of limitations for asylum fraud
Section 3291 of title 18, United States Code, is amended by striking “1544,” and inserting “1544, and section 1546,”.
Sec. 11 Technical amendments
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended—
in subsection (a)—
in paragraph (2)(D), by inserting “Secretary of Homeland Security or the” before “Attorney General”; and
in paragraph (3), by inserting “Secretary of Homeland Security or the” before “Attorney General”;
in subsection (b)(2), by inserting “Secretary of Homeland Security or the” before “Attorney General” each place such term appears;
in subsection (c)—
in paragraph (1), by striking “Attorney General” each place such term appears and inserting “Secretary of Homeland Security”;
in paragraph (2), in the matter preceding subparagraph (A), by inserting “Secretary of Homeland Security or the” before “Attorney General”; and
in paragraph (3), by inserting “Secretary of Homeland Security or the” before “Attorney General”; and
in subsection (d)—
in paragraph (1), by inserting “Secretary of Homeland Security or the” before “Attorney General” each place such term appears;
in paragraph (2), by striking “Attorney General” and inserting “Secretary of Homeland Security”; and
in paragraph (5)—
in subparagraph (A), by striking “Attorney General” and inserting “Secretary of Homeland Security”; and
in subparagraph (B), by inserting “Secretary of Homeland Security or the” before “Attorney General”.