[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5651 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5651
To deny asylum to members of a Communist or other totalitarian party,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2023
Mr. Nehls (for himself, Mr. Green of Tennessee, and Mr. Donalds)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To deny asylum to members of a Communist or other totalitarian party,
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 ``No Asylum for CCP Spies Act''.
SEC. 2. DENIAL OF ASYLUM TO MEMBERS OF A COMMUNIST OR OTHER
TOTALITARIAN PARTY.
Section 208(b)(2) of the Immigration and Nationality Act (8 U.S.C.
1158(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(vii) the alien is described in section
212(a)(3)(D)(i), except as provided in
subparagraph (B)(iii) and subject to''; and
(2) in subparagraph (B), by adding at the end the
following:
``(iii) Exception to party membership.--
Notwithstanding subparagraph (A)(vii), an alien
who is described in section 212(a)(3)(D)(i) may
be granted asylum pursuant to paragraph (1)
if--
``(I) the alien--
``(aa) has, before applying
for asylum and through a
service approved by the Federal
Government, publicly renounced
his or her membership in the
Communist or totalitarian party
of which the alien was a member
or with which the alien was
affiliated and denounces such
party during the asylum
adjudication process; and
``(bb) establishes, to the
satisfaction of the Attorney
General or the Secretary of
Homeland Security, that the
membership or affiliation of
the alien with a Communist or
totalitarian party is or was
involuntary, limited to a
period when the alien was
younger than 16 years of age,
automatic, by operation of law,
without the alien's personal
acquiescence, or solely for the
purpose of obtaining
employment, food rations, or
other living essentials; and
``(II) the Attorney General or the
Secretary of Homeland Security, in
consultation with the Director of
National Intelligence, determines that
the alien is not a danger to the
security of the United States.
``(iv) Waiver.--
``(I) In general.--In the case of
an alien described in section
212(a)(3)(D)(i) who is not eligible for
asylum under clause (iii), the Attorney
General or the Secretary of Homeland
Security may waive the application of
such section if the Attorney General or
the Secretary, in consultation with the
Director of National Intelligence,
determines that such alien has
significant information relating to
national security.
``(II) Conditions.--An alien may
only be granted a waiver under this
clause if--
``(aa) the alien, through a
service approved by the Federal
Government, publicly renounces
his or her membership in the
Communist or totalitarian party
of which the alien was a member
or with which the alien was
affiliated and denounces such
party during the asylum
adjudication process; and
``(bb) the Attorney General
or the Secretary of Homeland
Security, in consultation with
the Director of National
Intelligence, determines that
the alien is not a danger to
the security of the United
States.''.
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