[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 348 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 348
To require asylum officers at United States embassies and consulates to
conduct credible fear screenings before aliens seeking asylum may be
permitted to enter the United States to apply for asylum, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2023
Mrs. Britt (for herself, Mr. Barrasso, Mr. Cassidy, Mr. Cotton, Mr.
Crapo, Mrs. Hyde-Smith, Mr. Mullin, Mr. Risch, Mr. Rounds, Mr. Thune,
Mr. Tillis, and Mr. Boozman) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require asylum officers at United States embassies and consulates to
conduct credible fear screenings before aliens seeking asylum may be
permitted to enter the United States to apply for asylum, 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 Abuse Reduction Act''.
SEC. 2. ASYLUM INTERVIEWS.
(a) Border Crossings.--Notwithstanding section 235(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who
is seeking asylum in the United States attempts to enter the United
States from Canada or Mexico at a land port of entry without a valid
visa or other appropriate entry document, the immigration officer who
is inspecting the alien--
(1) may not admit or parole the alien into the United
States; and
(2) shall advise the alien to schedule an asylum hearing
with the most convenient United States embassy or consulate in
Canada or Mexico.
(b) Credible Fear Screenings.--An alien described in subsection (a)
may only be permitted to enter the United States to apply for asylum if
an asylum officer stationed at a United States embassy or consulate--
(1) has conducted an in-person or telephonic interview with
the alien; and
(2) as a result of such interview, has concluded that the
alien--
(A)(i) has been persecuted in the alien's country
of nationality on account of the alien's race,
religion, nationality, membership in a particular
social group, or political opinion;
(ii) has a credible fear of persecution (as defined
in section 235(b)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)(1)(B))) if the alien
returned to such country; or
(iii) would be subject to torture by a government
or public official acting under the color of law if the
alien returned to his or her country of nationality;
and
(B) is otherwise eligible for asylum under section
208(a) of that Act (8 U.S.C. 1158(a)).
SEC. 3. ASYLUM INELIGIBILITY.
Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1158(a)(2)) is amended by adding at the end the following:
``(F) Transit through third country.--
``(i) In general.--Except as provided in
clause (ii), paragraph (1) shall not apply to
any alien who, on or after the date of the
enactment of this subparagraph, enters,
attempts to enter, or arrives in the United
States through the Southern land border after
transiting through, on the way to the United
States, one or more countries other than the
country of citizenship, nationality, or last
lawful habitual residence of the alien.
``(ii) Exceptions.--Clause (i) shall not
apply if--
``(I)(aa) the alien demonstrates
that he or she applied for protection
from persecution or torture in one or
more countries (other than the country
of citizenship, nationality, or last
lawful habitual residence of the alien)
through which the alien transited on
the way to the United States; and
``(bb) the alien received a final
judgment denying the alien protection
in such country;
``(II) the alien demonstrates that
he or she is or has been subject to a
severe form of trafficking in persons;
or
``(III) the one or more countries
through which the alien transited on
the way to the United States were not,
at the time of the transit, parties
to--
``(aa) the Convention
Relating to the Status of
Refugees, done at Geneva July
28, 1951 (as made applicable by
the Protocol Relating to the
Status of Refugees, done at New
York January 31, 1967 (19 UST
6223)); or
``(bb) the Convention
against Torture and Other
Cruel, Inhuman or Degrading
Treatment or Punishment, done
at New York December 10, 1984.
``(G) Internal relocation.--Paragraph (1) shall not
apply to an alien interviewed by an asylum officer
under section 2(b) of the Asylum Abuse Reduction Act if
the asylum officer makes a determination that the alien
may avoid purported persecution or torture in the
alien's country of nationality by relocating to another
part of such country.''.
SEC. 4. CRIMINAL BENCH WARRANTS.
(a) Issuance.--Each Federal judicial district shall appoint at
least 1 magistrate or district court judge who, upon a showing of
probable cause, shall issue a warrant of arrest for a violation of
section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1253(a)(1)).
(b) Probable Cause.--An order of removal issued under any provision
of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) that has
been in existence 90 days or more shall constitute prima facie evidence
of probable cause to issue a warrant under subsection (a).
SEC. 5. INAPPLICABILITY OF FLORES SETTLEMENT AGREEMENT TO ALIENS
SUBJECT TO DETENTION.
The stipulated settlement agreement filed in the United States
District Court for the Central District of California on January 17,
1997 (CV 85-4544-RJK) (commonly known as the ``Flores settlement
agreement''), shall not apply to the detention and custody of aliens
subject to detention in the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
<all>