[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2905 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2905
To deny asylum to members of a Communist or other totalitarian party,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2023
Mr. Rubio (for himself, Mr. Marshall, Mr. Scott of Florida, Mr.
Hagerty, Mrs. Blackburn, Mr. Hawley, Mr. Braun, and Mr. Ricketts)
introduced the following bill; which was read twice and 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.--
``(I) In general.--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--
``(aa) 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
``(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.
``(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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