What This Bill Does
This bill changes how the government handles asylum (a legal status for people fleeing persecution) applications and immigration cases. It modifies interview procedures, allows judges to consider government investigators' reports when evaluating whether someone is telling the truth, creates stricter rules for frivolous (not serious) applications, and extends how long the government can detain people awaiting removal from the country.
##
Who It Affects
- People seeking asylum at U.S. borders
- Immigration judges and Department of Homeland Security officers
- The Department of Homeland Security and the Attorney General
- People ordered removed from the United States
- The federal government's immigration enforcement agencies
##
Key Provisions
- The government must determine during credible fear interviews (initial screening to see if someone may qualify for asylum) that it is more probable than not that the person's statements are true before allowing them to pursue asylum (Sec. 2)
- The Department of Homeland Security must record questions and answers in a uniform manner during interviews of people facing expedited removal (a faster removal process), and must use interpreters when needed (Sec. 2)
- The government can remove people to a "safe third country" without requiring a bilateral or multilateral agreement (a deal between countries) first (Sec. 3)
- If someone files a frivolous asylum application after receiving written warning, they become permanently ineligible for most immigration benefits and can only challenge this decision through a habeas corpus petition (a court order challenging unlawful detention) (Sec. 6)
- The government can hold people in immigration detention for 90 days beyond the normal removal period, and can extend detention indefinitely in certain circumstances like criminal convictions, national security concerns, or if removal is likely in the foreseeable future, with no right to a bond hearing (Sec. 7)
- The Attorney General may appoint 100 additional immigration judges (Sec. 5)
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What Changes
If passed, this bill would make it harder to qualify for asylum by requiring officers to believe your story is more likely true than not during initial interviews. The government could use investigative reports and statements you made to other officials when deciding if you are telling the truth about needing protection.
Frivolous applications would result in permanent loss of most immigration protections. The government would gain greater power to detain immigrants for longer periods without allowing bond hearings in many situations. The law would also allow removal to countries that did not formally agree to accept deported individuals, and would require audio or video recordings of all removal interviews.
##
Important Definitions
- **Expedited removal:** A faster legal process to remove someone from the country (explicitly referenced but not defined in the bill)
- **Frivolous application:** An asylum application that is so weak the applicant clearly filed it solely or partly to delay removal, seek work authorization, or obtain a Notice to Appear to pursue Cancellation of Removal; or an application where material elements are knowingly fabricated (Sec. 6)
- **Credible fear:** Not explicitly defined in this bill text
- **Mandatory detention:** The Secretary of Homeland Security must keep certain aliens in custody during extended detention periods (Sec. 7)
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 876
To amend the Immigration and Nationality Act to reform certain asylum
procedures, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 8, 2023
Mrs. LESKO (for herself, Mr. GAETZ, Mr. HIGGINS of Louisiana, Mr. BABIN,
and Mr. LAMALFA) introduced the following bill; which was referred to
the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to reform
certain asylum procedures, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Border Crisis Preven-
4
tion Act of 2023’’.
5
SEC. 2. CREDIBLE FEAR INTERVIEWS.
6
(a) DETERMINATION
OF PROBABILITY
OF CLAIM
7
TRUTH.—Section 235(b)(1)(B)(v) of the Immigration and
8
Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended
9
by striking ‘‘claim’’ and all that follows, and inserting
10
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•HR 876 IH
‘‘claim,
as
determined
pursuant
to
section
1
208(b)(1)(B)(iii), and such other facts as are known to
2
the officer, that the alien could establish eligibility for asy-
3
lum under section 208, and it is more probable than not
4
that the statements made by, and on behalf of, the alien
5
in support of the alien’s claim are true.’’.
6
(b) JURISDICTION OF ASYLUM APPLICATIONS.—Sec-
7
tion 208(b)(3) of the Immigration and Nationality Act (8
8
U.S.C. 1158) is amended by striking subparagraph (C).
9
(c) RECORDING EXPEDITED REMOVAL AND CRED-
10
IBLE FEAR INTERVIEWS.—
11
(1) IN GENERAL.—The Secretary of Homeland
12
Security shall establish quality assurance procedures
13
and take steps to effectively ensure that questions by
14
employees of the Department of Homeland Security
15
exercising expedited removal authority under section
16
235(b) of the Immigration and Nationality Act (8
17
U.S.C. 1225(b)) are asked in a uniform manner, to
18
the extent possible, and that both these questions
19
and the answers provided in response to them are
20
recorded in a uniform fashion.
21
(2) FACTORS
RELATING
TO
SWORN
STATE-
22
MENTS.—Where practicable, any sworn or signed
23
written statement taken of an alien as part of the
24
record of a proceeding under section 235(b)(1)(A) of
25
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•HR 876 IH
the Immigration and Nationality Act (8 U.S.C.
1
1225(b)(1)(A)) shall be accompanied by a recording
2
of the interview which served as the basis for that
3
sworn statement.
4
(3) INTERPRETERS.—The Secretary shall en-
5
sure that a competent interpreter, not affiliated with
6
the government of the country from which the alien
7
may claim asylum, is used when the interviewing of-
8
ficer does not speak a language understood by the
9
alien.
10
(4)
RECORDINGS
IN
IMMIGRATION
PRO-
11
CEEDINGS.—There shall be an audio or audio visual
12
recording of interviews of aliens subject to expedited
13
removal. The recording shall be included in the
14
record of proceeding and shall be considered as evi-
15
dence in any further proceedings involving the alien.
16
(5) NO PRIVATE RIGHT OF ACTION.—Nothing
17
in this subsection shall be construed to create any
18
right, benefit, trust, or responsibility, whether sub-
19
stantive or procedural, enforceable in law or equity
20
by a party against the United States, its depart-
21
ments, agencies, instrumentalities, entities, officers,
22
employees, or agents, or any person, nor does this
23
subsection create any right of review in any adminis-
24
trative, judicial, or other proceeding.
25
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•HR 876 IH
SEC. 3. SAFE THIRD COUNTRY.
1
Section 208(a)(2)(A) of the Immigration and Nation-
2
ality Act (8 U.S.C. 1158(a)(2)(A)) is amended—
3
(1) by striking ‘‘Attorney General’’ each place
4
it appears and inserting ‘‘Secretary of Homeland Se-
5
curity’’; and
6
(2) by striking ‘‘removed, pursuant to a bilat-
7
eral or multilateral agreement, to’’ and inserting
8
‘‘removed to’’.
9
SEC. 4. DETENTION SPACES.
10
There is authorized to be appropriated such sums as
11
may be necessary to provide for sufficient detention spaces
12
as the Secretary of Homeland Security determines nec-
13
essary to enforce the immigration laws.
14
SEC. 5. IMMIGRATION JUDGES.
15
(a) IN GENERAL.—The Attorney General may ap-
16
point 100 additional immigration judges in addition to im-
17
migration judges currently serving as of the date of enact-
18
ment of this Act.
19
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
20
authorized to be appropriated such sums as may be nec-
21
essary to carry out this section.
22
SEC. 6. ASYLUM PROCEDURES RELATED TO FILING FRIVO-
23
LOUS APPLICATIONS.
24
(a) NOTICE CONCERNING FRIVOLOUS ASYLUM AP-
25
PLICATIONS.—
26
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•HR 876 IH
(1) IN GENERAL.—Section 208(d)(4) of the Im-
1
migration
and
Nationality
Act
(8
U.S.C.
2
1158(d)(4)) is amended—
3
(A) in the matter preceding subparagraph
4
(A), by inserting ‘‘the Secretary of Homeland
5
Security or’’ before ‘‘the Attorney General’’;
6
(B) in subparagraph (A), by striking ‘‘and
7
of the consequences, under paragraph (6), of
8
knowingly filing a frivolous application for asy-
9
lum; and’’ and inserting a semicolon;
10
(C) in subparagraph (B), by striking the
11
period and inserting ‘‘; and’’; and
12
(D) by adding at the end the following:
13
‘‘(C) ensure that a written warning ap-
14
pears on the asylum application advising the
15
alien of the consequences of filing a frivolous
16
application and serving as notice to the alien of
17
the consequence of filing a frivolous applica-
18
tion.’’.
19
(2)
CONFORMING
AMENDMENT.—Section
20
208(d)(6) of the Immigration and Nationality Act (8
21
U.S.C. 1158(d)(6)) is amended by striking ‘‘If the’’
22
and all that follows and inserting:
23
‘‘(A) If the Secretary of Homeland Secu-
24
rity or the Attorney General determines that an
25
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•HR 876 IH
alien has knowingly made a frivolous applica-
1
tion for asylum and the alien has received the
2
notice under paragraph (4)(C), the alien shall
3
be permanently ineligible for any benefits under
4
this chapter, effective as the date of the final
5
determination of such an application.
6
‘‘(B) An application is frivolous if the Sec-
7
retary of Homeland Security or the Attorney
8
General determines, consistent with subpara-
9
graph (C), that—
10
‘‘(i) it is so insufficient in substance
11
that it is clear that the applicant know-
12
ingly filed the application solely or in part
13
to delay removal from the United States,
14
to seek employment authorization as an
15
applicant for asylum pursuant to regula-
16
tions issued pursuant to paragraph (2), or
17
to seek issuance of a Notice to Appear in
18
order to pursue Cancellation of Removal
19
under section 240A(b); or
20
‘‘(ii) any of the material elements are
21
knowingly fabricated.
22
‘‘(C) In determining that an application is
23
frivolous, the Secretary or the Attorney General
24
must be satisfied that the applicant, during the
25
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7
•HR 876 IH
course of the proceedings, has had sufficient op-
1
portunity to clarify any discrepancies or implau-
2
sible aspects of the claim.
3
‘‘(D) For purposes of this section, a find-
4
ing that an alien filed a frivolous asylum appli-
5
cation shall not preclude the alien from seeking
6
withholding of removal under section 241(b)(3)
7
or protection pursuant to the Convention
8
Against Torture.’’.
9
(b) ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.—
10
(1) ASYLUM CREDIBILITY DETERMINATIONS.—
11
Section 208(b)(1)(B)(iii) of the Immigration and
12
Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is
13
amended by inserting after ‘‘all relevant factors’’ the
14
following: ‘‘, including statements made to, and in-
15
vestigative reports prepared by, immigration authori-
16
ties and other government officials’’.
17
(2) RELIEF FOR REMOVAL CREDIBILITY DETER-
18
MINATIONS.—Section 240(c)(4)(C) of the Immigra-
19
tion and Nationality Act (8 U.S.C. 1229a(c)(4)(C))
20
is amended by inserting after ‘‘all relevant factors’’
21
the following: ‘‘, including statements made to, and
22
investigative reports prepared by, immigration au-
23
thorities and other government officials’’.
24
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•HR 876 IH
SEC. 7. DETENTION OF DANGEROUS ALIENS.
1
Section 241(a) of the Immigration and Nationality
2
Act (8 U.S.C. 1231(a)) is amended—
3
(1) by striking ‘‘Attorney General’’ each place
4
it appears, except for the first reference in para-
5
graph (4)(B)(i), and inserting ‘‘Secretary of Home-
6
land Security’’;
7
(2) in paragraph (1), by amending subpara-
8
graph (B) to read as follows:
9
‘‘(B) BEGINNING
OF
PERIOD.—The re-
10
moval period begins on the latest of the fol-
11
lowing:
12
‘‘(i) The date the order of removal be-
13
comes administratively final.
14
‘‘(ii) If the alien is not in the custody
15
of the Secretary on the date the order of
16
removal becomes administratively final, the
17
date the alien is taken into such custody.
18
‘‘(iii) If the alien is detained or con-
19
fined (except under an immigration proc-
20
ess) on the date the order of removal be-
21
comes administratively final, the date the
22
alien is taken into the custody of the Sec-
23
retary, after the alien is released from such
24
detention or confinement.’’;
25
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•HR 876 IH
(3) in paragraph (1), by amending subpara-
1
graph (C) to read as follows:
2
‘‘(C) SUSPENSION OF PERIOD.—
3
‘‘(i) EXTENSION.—The removal period
4
shall be extended beyond a period of 90
5
days and the Secretary may, in the Sec-
6
retary’s sole discretion, keep the alien in
7
detention during such extended period if—
8
‘‘(I) the alien fails or refuses to
9
make all reasonable efforts to comply
10
with the removal order, or to fully co-
11
operate with the Secretary’s efforts to
12
establish the alien’s identity and carry
13
out the removal order, including mak-
14
ing timely application in good faith
15
for travel or other documents nec-
16
essary to the alien’s departure or con-
17
spires or acts to prevent the alien’s
18
removal that is subject to an order of
19
removal;
20
‘‘(II) a court, the Board of Immi-
21
gration Appeals, or an immigration
22
judge orders a stay of removal of an
23
alien who is subject to an administra-
24
tively final order of removal;
25
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•HR 876 IH
‘‘(III) the Secretary transfers
1
custody of the alien pursuant to law
2
to another Federal agency or a State
3
or local government agency in connec-
4
tion with the official duties of such
5
agency; or
6
‘‘(IV) a court or the Board of
7
Immigration Appeals orders a remand
8
to an immigration judge or the Board
9
of Immigration Appeals, during the
10
time period when the case is pending
11
a decision on remand (with the re-
12
moval period beginning anew on the
13
date that the alien is ordered removed
14
on remand).
15
‘‘(ii) RENEWAL.—If the removal pe-
16
riod has been extended under subpara-
17
graph (C)(i), a new removal period shall be
18
deemed to have begun on the date—
19
‘‘(I) the alien makes all reason-
20
able efforts to comply with the re-
21
moval order, or to fully cooperate with
22
the Secretary’s efforts to establish the
23
alien’s identity and carry out the re-
24
moval order;
25
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•HR 876 IH
‘‘(II) the stay of removal is no
1
longer in effect; or
2
‘‘(III) the alien is returned to the
3
custody of the Secretary.
4
‘‘(iii) MANDATORY
DETENTION
FOR
5
CERTAIN ALIENS.—In the case of an alien
6
described in subparagraphs (A) through
7
(D) of section 236(c)(1), the Secretary
8
shall keep that alien in detention during
9
the extended period described in clause (i).
10
‘‘(iv) SOLE
FORM
OF
RELIEF.—An
11
alien may seek relief from detention under
12
this subparagraph only by filing an appli-
13
cation for a writ of habeas corpus in ac-
14
cordance with chapter 153 of title 28,
15
United States Code. No alien whose period
16
of detention is extended under this sub-
17
paragraph shall have the right to seek re-
18
lease on bond.’’;
19
(4) in paragraph (3)—
20
(A) in the matter preceding subparagraph
21
(A), by inserting after ‘‘If the alien does not
22
leave or is not removed within the removal pe-
23
riod’’ the following: ‘‘or is not detained pursu-
24
ant to paragraph (6) of this subsection’’; and
25
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•HR 876 IH
(B) by striking subparagraph (D) and in-
1
serting the following:
2
‘‘(D) to obey reasonable restrictions on the
3
alien’s conduct or activities that the Secretary
4
prescribes for the alien, in order to prevent the
5
alien from absconding, for the protection of the
6
community, or for other purposes related to the
7
enforcement of the immigration laws.’’;
8
(5) in paragraph (4)(A), by striking ‘‘paragraph
9
(2)’’ and inserting ‘‘subparagraph (B)’’; and
10
(6) by striking paragraph (6) and inserting the
11
following:
12
‘‘(6) ADDITIONAL RULES FOR DETENTION OR
13
RELEASE OF CERTAIN ALIENS.—
14
‘‘(A) DETENTION
REVIEW
PROCESS
FOR
15
COOPERATIVE ALIENS ESTABLISHED.—For an
16
alien who is not otherwise subject to mandatory
17
detention, who has made all reasonable efforts
18
to comply with a removal order and to cooper-
19
ate fully with the Secretary of Homeland Secu-
20
rity’s efforts to establish the alien’s identity and
21
carry out the removal order, including making
22
timely application in good faith for travel or
23
other documents nec
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