Asylum Abuse Reduction Act

I 117TH CONGRESS 1ST SESSION H. R. 2022 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 HOUSE OF REPRESENTATIVES MARCH 18, 2021 Mr. HERN (for himself and Mr. COLE) introduced the following bill; which was 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 pur- poses. 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 ‘‘Asylum Abuse Reduc- 4 tion Act’’. 5 VerDate Sep 11 2014 06:22 May 19, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2022.IH H2022 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2022 IH SEC. 2. ASYLUM INTERVIEWS. 1 (a) BORDER CROSSINGS.—Notwithstanding section 2 235(b)(1) of the Immigration and Nationality Act (8 3 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in 4 the United States attempts to enter the United States 5 from Canada or Mexico at a land port of entry without 6 a valid visa or other appropriate entry document, the im- 7 migration officer who is inspecting the alien— 8 (1) may not admit or parole the alien into the 9 United States; and 10 (2) shall advise the alien to schedule an asylum 11 hearing with the most convenient United States em- 12 bassy or consulate in Canada or Mexico. 13 (b) CREDIBLE FEAR SCREENINGS.—An alien de- 14 scribed in subsection (a) may only be permitted to enter 15 the United States to apply for asylum if an asylum officer 16 stationed at a United States embassy or consulate— 17 (1) has conducted an in-person or telephonic 18 interview with the alien; and 19 (2) as a result of such interview, has concluded 20 that the alien— 21 (A)(i) has been persecuted in the alien’s 22 country of nationality on account of the alien’s 23 race, religion, nationality, membership in a par- 24 ticular social group, or political opinion; 25 VerDate Sep 11 2014 06:22 May 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2022.IH H2022 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2022 IH (ii) has a credible fear of persecution (as 1 defined in section 235(b)(1)(B) of the Immigra- 2 tion and Nationality Act (8 U.S.C. 3 1225(b)(1)(B))) if the alien returned to such 4 country; or 5 (iii) would be subject to torture by a gov- 6 ernment or public official acting under the color 7 of law if the alien returned to his or her coun- 8 try of nationality; and 9 (B) is otherwise eligible for asylum under 10 section 208(a) of that Act (8 U.S.C. 1158(a)). 11 SEC. 3. ASYLUM INELIGIBILITY. 12 Section 208(a)(2) of the Immigration and Nationality 13 Act (8 U.S.C. 1158(a)(2)) is amended by adding at the 14 end the following: 15 ‘‘(F) TRANSIT THROUGH THIRD COUN- 16 TRY.— 17 ‘‘(i) IN GENERAL.—Except as pro- 18 vided in clause (ii), paragraph (1) shall not 19 apply to any alien who, on or after the 20 date of the enactment of this subpara- 21 graph, enters, attempts to enter, or arrives 22 in the United States through the Southern 23 land border after transiting through, on 24 the way to the United States, one or more 25 VerDate Sep 11 2014 06:22 May 19, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2022.IH H2022 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2022 IH countries other than the country of citizen- 1 ship, nationality, or last lawful habitual 2 residence of the alien. 3 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 4 not apply if— 5 ‘‘(I)(aa) the alien demonstrates 6 that he or she applied for protection 7 from persecution or torture in one or 8 more countries (other than the coun- 9 try of citizenship, nationality, or last 10 lawful habitual residence of the alien) 11 through which the alien transited on 12 the way to the United States; and 13 ‘‘(bb) the alien received a final 14 judgment denying the alien protection 15 in such country; 16 ‘‘(II) the alien demonstrates that 17 he or she is or has been subject to a 18 severe form of trafficking in persons; 19 or 20 ‘‘(III) the one or more countries 21 through which the alien transited on 22 the way to the United States were 23 not, at the time of the transit, parties 24 to— 25 VerDate Sep 11 2014 06:22 May 19, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2022.IH H2022 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2022 IH ‘‘(aa) the Convention Relat- 1 ing to the Status of Refugees, 2 done at Geneva July 28, 1951 3 (as made applicable by the Pro- 4 tocol Relating to the Status of 5 Refugees, done at New York 6 January 31, 1967 (19 UST 7 6223)); or 8 ‘‘(bb) the Convention 9 against Torture and Other Cruel, 10 Inhuman or Degrading Treat- 11 ment or Punishment, done at 12 New York December 10, 1984. 13 ‘‘(G) INTERNAL RELOCATION.—Paragraph 14 (1) shall not apply to an alien interviewed by an 15 asylum officer under section 2(b) of the Asylum 16 Abuse Reduction Act if the asylum officer 17 makes a determination that the alien may avoid 18 purported persecution or torture in the alien’s 19 country of nationality by relocating to another 20 part of such country.’’. 21 SEC. 4. CRIMINAL BENCH WARRANTS. 22 (a) ISSUANCE.—Each Federal judicial district shall 23 appoint at least 1 magistrate or district court judge who, 24 upon a showing of probable cause, shall issue a warrant 25 VerDate Sep 11 2014 06:22 May 19, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2022.IH H2022 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2022 IH of arrest for a violation of section 243(a)(1) of the Immi- 1 gration and Nationality Act (8 U.S.C. 1253(a)(1)). 2 (b) PROBABLE CAUSE.—An order of removal issued 3 under any provision of the Immigration and Nationality 4 Act (8 U.S.C. 1101 et seq.) that has been in existence 5 90 days or more shall constitute prima facie evidence of 6 probable cause to issue a warrant under subsection (a). 7 SEC. 5. INAPPLICABILITY OF FLORES SETTLEMENT AGREE- 8 MENT TO ALIENS SUBJECT TO DETENTION. 9 The stipulated settlement agreement filed in the 10 United States District Court for the Central District of 11 California on January 17, 1997 (CV 85–4544–RJK) 12 (commonly known as the ‘‘Flores settlement agreement’’), 13 shall not apply to the detention and custody of aliens sub- 14 ject to detention in the United States under the Immigra- 15 tion and Nationality Act (8 U.S.C. 1101 et seq.). 16 Æ VerDate Sep 11 2014 06:22 May 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H2022.IH H2022 pbinns on DSKJLVW7X2PROD with BILLS