Section 1 Short title
This Act may be cited as the “Asylum Reform and Loophole Closure Act”.
Asylum Reform and Loophole Closure Act
A BILL
To amend the Immigration and Nationality Act to modify eligibility for asylum, and for other purposes.
Sec. 2 Modification of asylum eligibility
in subsection (a)(2)—
in subparagraph (A)—
by striking “if the Attorney General determines that” and inserting “if the Attorney General or the Secretary of Homeland Security determines that—”;
by striking “the alien may be” and inserting the following:
“(i) the alien may be”
by inserting “or the Secretary of Homeland Security” before “finds that”;
by striking the period at the end and inserting “; or”; and
adding at the end the following:
“(ii) 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 nationality (or, in the case of an alien having no nationality, the country of the alien's last habitual residence) en route to the United States, unless the alien demonstrates that he or she applied for protection from persecution or torture in each such country through which the alien so transited, and the alien received a final judgement denying the alien protection in such country.”
by striking subparagraphs (B) and (D);
by redesignating subparagraphs (C) and (E) as subparagraphs (B) and (C), respectively;
in subparagraph (B), as redesignated, by striking “Subject to subparagraph (D), paragraph (1)” and inserting “Paragraph (1)”; and
in subparagraph (C), as redesignated, by striking “Subparagraphs (A) and (B)” and inserting “Subparagraph (A)”.
Permanent ineligibility for illegal entry or visa fraud— Section 208(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is amended—
in clause (v), by striking “; or” and inserting a semicolon;
in clause (vi), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(vii) the alien—
“(I) has committed, or attempted to commit, unlawful entry in violation of section 275; or
“(II) has attempted to enter or has obtained entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, including by attempting to obtain or obtaining a fraudulent visa.”
Higher standard for establishing credible fear of persecution— 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 “there is a significant possibility” and inserting “it is more likely than not”.
Permissible period of family detention— During expedited removal or asylum proceedings under section 235 of the Immigration and Nationality Act (8 U.S.C. 1225), a child may be detained together with his or her parent for a period of not more than 180 days.