End the Border Crisis Now Act

II 117TH CONGRESS 1ST SESSION S. 1070 To amend the Immigration and Nationality Act to modify provisions relating to asylum eligibility. IN THE SENATE OF THE UNITED STATES APRIL 12, 2021 Mr. COTTON introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to modify provisions relating to asylum eligibility. 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 ‘‘End the Border Crisis 4 Now Act’’. 5 SEC. 2. ASYLUM ELIGIBILITY FOR CERTAIN ALIENS LAW- 6 FULLY ADMITTED TO THE UNITED STATES. 7 Section 208(a) of the Immigration and Nationality 8 Act (8 U.S.C. 1158(a)) is amended— 9 VerDate Sep 11 2014 01:33 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1070.IS S1070 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1070 IS (1) in paragraph (1), by striking ‘‘is physically 1 present’’ and all that follows through ‘‘United States 2 waters)’’ and inserting ‘‘has been lawfully admitted 3 to the United States’’; and 4 (2) in paragraph (2), by amending subpara- 5 graph (A) to read as follows: 6 ‘‘(A) SAFE THIRD COUNTRY.—Paragraph 7 (1) shall not apply to an alien if the Attorney 8 General or the Secretary of Homeland Security 9 determines that— 10 ‘‘(i) the alien may be removed, pursu- 11 ant to a bilateral or multilateral agree- 12 ment, to a country (other than the country 13 of the alien’s nationality or, in the case of 14 an alien having no nationality, the country 15 of the alien’s last habitual residence) in 16 which the alien’s life or freedom would not 17 be threatened on account of race, religion, 18 nationality, membership in a particular so- 19 cial group, or political opinion, and where 20 the alien would have access to a full and 21 fair procedure for determining a claim to 22 asylum or equivalent temporary protection, 23 unless the Attorney General or the Sec- 24 retary of Homeland Security finds that it 25 VerDate Sep 11 2014 01:33 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1070.IS S1070 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1070 IS is in the public interest for the alien to re- 1 ceive asylum in the United States; or 2 ‘‘(ii) during the 180 days immediately 3 preceding the admission of the alien to the 4 United States, the alien was physically 5 present in a country described in clause 6 (i), unless the alien demonstrates, by clear 7 and convincing evidence, that— 8 ‘‘(I) the alien applied for asylum 9 or equivalent temporary protection in 10 such country and was denied asylum 11 or equivalent temporary protection; or 12 ‘‘(II) the conditions in the coun- 13 try of the alien’s nationality have sig- 14 nificantly changed for the worse since 15 the alien was physically present in a 16 country described in clause (i).’’. 17 Æ VerDate Sep 11 2014 01:33 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1070.IS S1070 kjohnson on DSK79L0C42PROD with BILLS