Section 1 Short title
This Act may be cited as the “Ending Catch and Release Act of 2023”.
Ending Catch and Release Act of 2023
A BILL
To amend the Immigration and Nationality Act with respect to the parole or release of an asylum applicant, and for other purposes.
Sec. 2 Inspection of applicants for admission
Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended by—
in paragraph (1)—
in subparagraph (A)—
in clause (i)—
by striking “section 212(a)(6)(C)” and inserting “section 212(a)(6)(A), 212(a)(6)(C), or”; and
by striking the period at the end and inserting “. The Secretary may not parole or otherwise release the alien into the United States.”; and
in clause (ii)—
by striking “section 212(a)(6)(C)” and inserting “section 212(a)(6)(A), 212(a)(6)(C), or”; and
by striking the period at the end and inserting “. The Secretary may not parole or otherwise release the alien into the United States.”; and
in subparagraph (B)—
in clause (i), by striking “Attorney General” and inserting “Secretary”;
in clause (ii), by striking “the alien shall be detained for further consideration of the application for asylum” and inserting “the alien shall either be detained for further consideration of the application for asylum by an immigration judge or if the alien arrived on land from a foreign territory contiguous to the United States, be returned to that territory for further consideration of the application for asylum by an immigration judge. The Secretary may not parole or otherwise release the alien into the United States”;
in clause (iii)—
in subclause (I), by striking the period at the end and adding “. The Secretary shall remove the alien within 72 hours. If the alien cannot be removed, the alien shall be detained until removed. The Secretary may not parole or otherwise release the alien into the United States.”;
in subclause (II), by striking “has not” and inserting “has or has not”; and
in subclause (IV), by striking the period at the end and inserting “. The Secretary may not parole or otherwise release the alien into the United States.”; and
in clause (v), by striking “there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien's claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208” and inserting “it is more likely than not that the alien will be able to establish eligibility for asylum under section 208”; and
in paragraph (2)—
in subparagraph (A)—
by striking “and (C)”; and
by striking “the alien shall be detained for a proceeding under section 240.” and inserting “the alien shall be either detained for a proceeding under section 240 or if the alien arrived on land from a foreign territory contiguous to the United States, be returned to that territory pending a proceeding under section 240. The Secretary may not parole or otherwise release the alien into the United States.”; and
by striking subparagraph (C).