[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1183 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1183
To modify the treatment of unaccompanied alien children who are in
Federal custody by reason of their immigration status, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 2023
Mr. Johnson of Louisiana introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To modify the treatment of unaccompanied alien children who are in
Federal custody by reason of their immigration status, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asylum Reform and Border Protection
Act of 2023''.
SEC. 2. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL.
Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362)
is amended--
(1) by striking ``In any removal proceedings before an
immigration judge and in any appeal proceedings before the
Attorney General from any such removal proceedings'' and
inserting ``In any removal proceedings before an immigration
judge, or any other immigration proceedings before the Attorney
General, the Secretary of Homeland Security, or any appeal of
such a proceeding'';
(2) by striking ``(at no expense to the Government)''; and
(3) by adding at the end the following:
``Notwithstanding any other provision of law, in no instance shall the
Government bear any expense for counsel for any person in proceedings
described in this section.''.
SEC. 3. 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. 4. 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) 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.
(c) 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.
(d) 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.
(e) 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. PAROLE REFORM.
(a) In General.--Paragraph (5) of section 212(d) of the Immigration
and Nationality Act (8 U.S.C. 1182(d)) is amended to read as follows:
``(5) Humanitarian and significant public interest
parole.--
``(A) In general.--Subject to the provisions of
this paragraph and section 214(f)(2), the Secretary of
Homeland Security, in the sole discretion of the
Secretary of Homeland Security, may on an individual
case-by-case basis, and not according to eligibility
criteria describing an entire class of potential parole
recipients, parole an alien into the United States
temporarily, under such conditions as the Secretary of
Homeland Security may prescribe, only--
``(i) an alien not present in the United
States for an urgent humanitarian reason (as
described under subparagraph (B));
``(ii) an alien not present in the United
States for a reason deemed strictly in the
significant public interest (as described under
subparagraph (C)); or
``(iii) an alien who--
``(I) is present in the United
States without lawful immigration
status;
``(II) is the beneficiary of a
pending or approved petition under
section 203(a);
``(III) is not otherwise
inadmissible or deportable; and
``(IV) is the spouse or minor child
of a member of the Armed Forces serving
on active duty at the request of the
member of the Armed Forces.
``(B) Humanitarian parole.--The Secretary of
Homeland Security may parole an alien based on an
urgent humanitarian reason described in this
subparagraph only if--
``(i) the alien has a medical emergency and
the alien cannot obtain necessary treatment in
the foreign state in which the alien is
residing or the medical emergency is life-
threatening and there is insufficient time for
the alien to be admitted through the normal
visa process;
``(ii) the alien is the parent or legal
guardian of an alien described in clause (i),
if the alien described in clause (i) is a
minor;
``(iii) the alien is needed in the United
States in order to donate an organ or other
tissue for transplant into a close family
member and there is insufficient time for the
alien to be admitted through the normal visa
process;
``(iv) the alien has a close family member
in the United States whose death is imminent
and the alien could not arrive in the United
States in time to see such family member alive
if the alien were to be admitted through the
normal visa process;
``(v) the alien is an adopted child with an
urgent medical condition, who is in the legal
custody of the petitioner for a final adoption-
related visa, and whose medical treatment is
required prior to the expected award of a final
adoption-related visa;
``(vi) the alien is a lawful applicant for
adjustment of status under section 245; or
``(vii) the alien was--
``(I) lawfully granted status under
section 208;
``(II) lawfully admitted under
section 207; or
``(III) granted withholding of
removal under section 241(b)(3).
``(C) Significant public interest parole.--The
Secretary of Homeland Security may parole an alien
based on a reason deemed strictly in the significant
public interest described in this subparagraph only if
the alien has assisted (or will assist, whether
knowingly or not) the United States Government in a
matter, such as a criminal investigation, espionage, or
other similar law enforcement activity, including a
civil litigation matter requiring the alien's presence,
and either the alien's presence in the United States is
required by the Government or the alien's life would be
threatened if the alien were not permitted to come to
the United States. Only a matter described in this
subparagraph shall qualify for purposes of this
subparagraph, and no other matter may qualify.
``(D) Limitation on the use of parole authority.--
The Secretary of Homeland Security may not use the
parole authority under this paragraph--
``(i) to circumvent immigration policy
established by law to admit classes of aliens
who do not qualify for admission; or
``(ii) to supplement established
immigration categories without congressional
approval.
``(E) Parole not an admission.--Parole of an alien
under this paragraph shall not be considered an
admission of the alien into the United States. When the
purposes of the parole of an alien have been served, as
determined by the Secretary of Homeland Security, the
alien shall immediately return or be returned to the
custody from which the alien was paroled and the alien
shall be considered for admission to the United States
on the same basis as other similarly situated
applicants for admission.
``(F) Report to congress.--Not later than 90 days
after the end of each fiscal year, the Secretary of
Homeland Security shall submit a report to the
Committees on the Judiciary of the House of
Representatives and the Senate describing the number
and categories of aliens paroled into the United States
under this paragraph. Each such report shall contain
information and data concerning the number and
categories of aliens paroled, the duration of parole,
and the current status of aliens paroled during the
preceding fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the first day of the first month beginning more than 60
days after the date of the enactment of this Act.
SEC. 6. MODIFICATIONS TO PREFERENTIAL AVAILABILITY FOR ASYLUM FOR
UNACCOMPANIED ALIEN MINORS.
Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1158(a)(2)) is amended by striking subparagraph (E).
SEC. 7. 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 ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(2) by striking ``removed, pursuant to a bilateral or
multilateral agreement, to'' and inserting ``removed to''.
SEC. 8. WITHHOLDING OF REMOVAL.
Section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1231(b)(3)) is amended--
(1) by adding at the end of subparagraph (A) the following:
``The burden of proof shall be on the alien to
establish that the alien's life or freedom would be
threatened in that country, and that race, religion,
nationality, membership in a particular social group,
or political opinion would be at least one central
reason for such threat.''; and
(2) in subparagraph (C), by striking ``In determining
whether an alien has demonstrated that the alien's life or
freedom would be threatened for a reason described in
subparagraph (A),'' and inserting ``For purposes of this
paragraph,''.
SEC. 9. FIRM RESETTLEMENT.
Section 208(b)(2)(A)(vi) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(2)(A)(vi)) is amended by striking ``States.'' and
inserting ``States, which shall be considered demonstrated by evidence
that the alien can live in such country (in any legal status) without
fear of persecution.''.
SEC. 10. TERMINATION 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:
``(3) Termination of status pursuant to return to home
country.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), 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 shall 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. 11. 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'';
(3) in subparagraph (B), by striking the period and
inserting ``; 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
(5) by inserting after subparagraph (C) the following:
``The written warning referred to in subparagraph (C) shall
serve as notice to the alien of the consequences 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--
(1) by striking ``If the Attorney General'' and inserting
``(A) In general.--If the Department of Homeland Security or
the Attorney General'';
(2) by striking ``paragraph (4)(A)'' in subparagraph (A)
(as designated in paragraph (1) of this subsection) and
inserting ``paragraph (4)(C)''; and
(3) by adding at the end the following:
``(B) Determination.--An application may be found
`frivolous' if it is determined--
``(i) to be totally insufficient in
substance such that it is clear that the
applicant knowingly filed the application
without intending to pursue the merits of his
or her asylum claim solely--
``(I) to delay removal from the
United States;
``(II) to seek employment
authorization as an applicant for
asylum pursuant to regulations issued
pursuant to paragraph (2); or
``(III) for applicants whom have
not yet had removal proceedings
initiated against them under section
239, to seek issuance of a notice to
appear in order to pursue cancellation
of removal under section 240A(b); or
``(ii) that any of its material elements is
deliberately fabricated.
``(C) Limitation on determination.--A determination
under subparagraph (B) shall only be made if the
decision maker is satisfied that the applicant, during
the course of the proceedings, has had sufficient
opportunity to account for any discrepancies or
implausible aspects of the claim. 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).''.
SEC. 12. TERMINATION OF ASYLUM STATUS IN REMOVAL PROCEEDINGS.
Section 208(c) of the Immigration and Nationality Act (8 U.S.C.
1158(c)), as amended by this Act, is further amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
inserting ``the Secretary of Homeland Security or''
before ``the Attorney General''; and
(B) in subparagraph (C), by striking ``, pursuant
to a bilateral or multilateral agreement,''; and
(2) by adding at the end the following:
``(5) Timing for consideration of termination of asylum
status in removal proceedings.--If an alien's asylum status is
subject to termination under paragraph (2) or (4), the
immigration judge shall first determine whether the conditions
specified under that paragraph have been met, and if so,
terminate the alien's asylum status before considering whether
the alien is eligible for adjustment of status under section
209.''.
SEC. 13. LIMITATION ON ELIGIBILITY FOR ASYLUM BASED ON GENERALIZED
VIOLENCE.
Section 208(b)(2)(B) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(2)(B)) is amended by adding at the end the following:
``(iii) Limitation on eligibility based on
generalized violence.--An alien is not eligible
for asylum under this section, or withholding
of removal under section 241, based on any of
the following circumstances:
``(I) Being, or having been, a
member of a criminal gang.
``(II) Participating, or having
participated, in the activities of a
criminal gang.
``(III) Having been recruited into,
or having a fear of being recruited
into, membership of, or the activities
of, a criminal gang.
``(IV) Having been, or having a
fear of being, the victim of a crime
committed by a member of a criminal
gang, or otherwise having been, or
having a fear of being, the victim of a
crime in the alien's home country,
unless the main motivating factor for
the commission of the crime, or the
fear of being the victim of a crime, is
related to the alien's race, religion,
national origin, or political
opinion.''.
SEC. 14. MEMBERSHIP IN A PARTICULAR SOCIAL GROUP DEFINED.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended by adding at the end the following:
``(53) The term `membership in a particular social group'
means membership in a group that is--
``(A) composed of members who share a common
immutable characteristic;
``(B) defined with particularity; and
``(C) socially distinct within the society in
question.''.
SEC. 15. 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. 16. CLARIFICATION FOR CONDUCT OF ROGUE FOREIGN OFFICIALS.
(a) Asylum Applications.--Section 208(b)(2)(B) of the Immigration
and Nationality Act (8 U.S.C. 1158(b)(2)(B)), as amended by this Act,
is further amended by adding at the end the following:
``(iv) Rogue foreign government
officials.--The burden of proof under paragraph
(1)(B) may not be established based on the
conduct of rogue foreign government officials
acting outside the scope of their official
capacity.''.
(b) Countries to Which an Alien May Be Removed.--Section 241(b)(3)
of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is amended
by adding at the end the following:
``(C) Special rule.--The burden of proof for relief
under this paragraph may not be established based on
the conduct of rogue foreign government officials
acting outside the scope of their official capacity.''.
SEC. 17. 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''; and
(B) 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'';
(C) in paragraph (3), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''
each place such term appears;
(D) in paragraph (5)--
(i) in subparagraph (A), by inserting
``Secretary of Homeland Security or the''
before ``Attorney General''; and
(ii) in subparagraph (B), by inserting
``Secretary of Homeland Security or the''
before ``Attorney General''; and
(E) in paragraph (6), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''
each place such term appears.
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