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Title II — Asylum Reform

H.R. 116 · 119th Congress · Jan 3, 2025 · Lineage

II Asylum Reform

Sec. 201 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. 202 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. 203 Recording expedited removal and credible fear interviews

(a)
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.
(b)
Credible fear interview checklists— The Secretary of Homeland Security shall provide a checklist of standard questions and concepts to be addressed in all interviews under section 235(b) to immigration officers exercising decision-making authority in such interviews. Such checklists shall be routinely updated to include relevant changes to law and procedures and shall, at a minimum, require that all immigration officers utilizing such checklists provide concise justifications of their decision regardless of whether credible fear was or was not established.
(c)
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.
(d)
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.
(e)
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.
(f)
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. 204 Safe third country

Section 208(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)(A)) is amended—
(1)
by striking “if the Attorney General determines” and inserting “if the Attorney General or the Secretary of Homeland Security determines—”;
(2)
by striking “that the alien may be” and inserting:

“(i) that the alien may be”

(3)
by striking “removed, pursuant to a bilateral or multilateral agreement, to” and inserting “removed to”;
(4)
by inserting “, on a case by case basis,” before “finds that”;
(5)
by striking the period at the end and inserting “; or”; and
(6)
by adding at the end the following:

“(ii) that the alien entered, attempted to enter, or arrived in the United States after transiting through at least one country outside the alien’s country of citizenship, nationality, or last lawful habitual residence en route to the United States, unless—

“(I) the alien demonstrates that he or she applied for protection from persecution or torture in at least one country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States, and the alien received a final judgement denying the alien protection in each country;

“(II) the alien demonstrates that he or she was a victim of a severe form of trafficking in which a commercial sex act was induced by force, fraud, or coercion, or in which the person induced to perform such act was under the age of 18 years; or in which the trafficking included the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery, and was unable to apply for protection from persecution in all countries that alien transited en route to the United States as a result of such severe form of trafficking; or

“(III) the only countries through which the alien transited en route to the United States were, at the time of the transit, not parties to the 1951 United Nations Convention relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, or the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.”

Sec. 205 Renunciation of asylum status pursuant to return to home country

(a)
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 status 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.”

(b)
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. 206 Notice concerning frivolous asylum applications

(a)
In general— Section 208(d)(4) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(4)) is amended—
(1)
in the matter preceding subparagraph (A), by inserting “the Secretary of Homeland Security or” before “the Attorney General”;
(2)
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;
(3)
in subparagraph (B), by striking the period and inserting “; and”; and
(4)
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 and serving as notice to the alien of the consequence of filing a frivolous application.”

(b)
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) 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 chapter, effective as the date of the final determination of such an application.

“(B) 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 Appear in order to pursue Cancellation of Removal under section 240A(b); or

“(ii) any of the material elements are knowingly fabricated.

“(C) In determining that an application is frivolous, the Secretary or the Attorney General, must be satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim.

“(D) For purposes of this section, a finding 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. 207 Anti-fraud investigative work product

(a)
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”.
(b)
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. 208 Clarification of asylum eligibility

(a)
In general— Section 208(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(A)) is amended by inserting after “section 101(a)(42)(A)” the following: “and is eligible to apply for asylum under subsection (a)”.
(b)
Place of arrival— Section 208(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(1)) is amended—
(1)
by striking “or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters),”; and
(2)
by inserting after “United States” the following: “and has arrived in the United States at a port of entry,”.

Sec. 209 Application timing

Section 208(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)(B)) is amended by striking “1 year” and inserting “6 months”.

Sec. 210 Clarification of burden of proof

Section 208(b)(1)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(i)) is amended by striking “at least one” and inserting “the”.

Sec. 211 Additional exception

Section 208(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is amended—
(1)
in clause (v), by striking “or” at the end;
(2)
in clause (vi), by striking the period and inserting “; or”; and
(3)
by adding at the end the following:

“(vii) there are reasonable grounds for concluding the alien could avoid persecution by relocating to another part of the alien’s country of nationality or, if stateless, another part of the alien’s country of last habitual residence.”

Sec. 212 Clarification regarding employment eligibility

Section 208(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(2)) is amended—
(1)
by striking “180 days”” and inserting “1 year”; and
(2)
by inserting “and the authorization shall expire 6 months after the date of issuance” before the period at the end.

Sec. 213 Penalties for asylum fraud

Section 1001 of title 18, United States Code, is amended by inserting at the end of the paragraph—

“(d) Whoever, in any matter before the Secretary of Homeland Security or the Attorney General pertaining to asylum under section 208 of the Immigration and Nationality Act or withholding of removal under section 241(b)(3) of such Act, 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. 214 Statute of limitations for asylum fraud

Section 3291 of title 18, United States Code, is amended—
(1)
by striking “1544,” and inserting “1544, and section 1546,”; and
(2)
by striking “offense.” and inserting “offense or within 10 years after the fraud is discovered.”.

Sec. 215 Technical amendments

Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended—
(1)
in subsection (a)—
(A)
in paragraph (2)(D), by inserting “Secretary of Homeland Security or the” before “Attorney General”; and
(B)
in paragraph (3), by inserting “Secretary of Homeland Security or the” before “Attorney General”;
(2)
in subsection (b)(2), by inserting “Secretary of Homeland Security or the” before “Attorney General” each place such term appears;
(3)
in subsection (c)—
(A)
in paragraph (1), by striking “Attorney General” each place such term appears and inserting “Secretary of Homeland Security”;
(B)
in paragraph (2), in the matter preceding subparagraph (A), by inserting “Secretary of Homeland Security or the” before “Attorney General”; and
(C)
in paragraph (3), by inserting “Secretary of Homeland Security or the” before “Attorney General”; and
(4)
in subsection (d)—
(A)
in paragraph (1), by inserting “Secretary of Homeland Security or the” before “Attorney General” each place such term appears;
(B)
in paragraph (2), by striking “Attorney General” and inserting “Secretary of Homeland Security”; and
(C)
in paragraph (5)—
(i)
in subparagraph (A), by striking “Attorney General” and inserting “Secretary of Homeland Security”; and
(ii)
in subparagraph (B), by inserting “Secretary of Homeland Security or the” before “Attorney General”.