Closing Asylum Loopholes Act

I 116TH CONGRESS 1ST SESSION H. R. 517 To close loopholes in the immigration laws that serve as incentives to aliens to attempt to enter the United States unlawfully, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 11, 2019 Mr. JOHNSON of Louisiana introduced the following bill; which was referred to the Committee on the Judiciary A BILL To close loopholes in the immigration laws that serve as incentives to aliens to attempt to enter the United States unlawfully, 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 ‘‘Closing Asylum Loop- 4 holes Act’’. 5 SEC. 2. CREDIBLE FEAR INTERVIEWS. 6 Section 235(b)(1)(B)(v) of the Immigration and Na- 7 tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 8 striking ‘‘claim’’ and all that follows, and inserting ‘‘claim, 9 as determined pursuant to section 208(b)(1)(B)(iii), and 10 VerDate Sep 11 2014 00:06 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H517.IH H517 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 517 IH such other facts as are known to the officer, that the alien 1 could establish eligibility for asylum under section 208, 2 and it is more probable than not that the statements made 3 by, and on behalf of, the alien in support of the alien’s 4 claim are true.’’. 5 SEC. 3. JURISDICTION OF ASYLUM APPLICATIONS. 6 Section 208(b)(3) of the Immigration and Nationality 7 Act (8 U.S.C. 1158) is amended by striking subparagraph 8 (C). 9 SEC. 4. RECORDING EXPEDITED REMOVAL AND CREDIBLE 10 FEAR INTERVIEWS. 11 (a) IN GENERAL.—The Secretary of Homeland Secu- 12 rity shall establish quality assurance procedures and take 13 steps to effectively ensure that questions by employees of 14 the Department of Homeland Security exercising expe- 15 dited removal authority under section 235(b) of the Immi- 16 gration and Nationality Act (8 U.S.C. 1225(b)) are asked 17 in a uniform manner, to the extent possible, and that both 18 these questions and the answers provided in response to 19 them are recorded in a uniform fashion. 20 (b) FACTORS RELATING TO SWORN STATEMENTS.— 21 Where practicable, any sworn or signed written statement 22 taken of an alien as part of the record of a proceeding 23 under section 235(b)(1)(A) of the Immigration and Na- 24 tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom- 25 VerDate Sep 11 2014 00:06 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H517.IH H517 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 517 IH panied by a recording of the interview which served as the 1 basis for that sworn statement. 2 (c) INTERPRETERS.—The Secretary shall ensure that 3 a competent interpreter, not affiliated with the govern- 4 ment of the country from which the alien may claim asy- 5 lum, is used when the interviewing officer does not speak 6 a language understood by the alien. 7 (d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 8 There shall be an audio or audio visual recording of inter- 9 views of aliens subject to expedited removal. The recording 10 shall be included in the record of proceeding and shall be 11 considered as evidence in any further proceedings involv- 12 ing the alien. 13 (e) NO PRIVATE RIGHT OF ACTION.—Nothing in this 14 section shall be construed to create any right, benefit, 15 trust, or responsibility, whether substantive or procedural, 16 enforceable in law or equity by a party against the United 17 States, its departments, agencies, instrumentalities, enti- 18 ties, officers, employees, or agents, or any person, nor does 19 this section create any right of review in any administra- 20 tive, judicial, or other proceeding. 21 Æ VerDate Sep 11 2014 00:06 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H517.IH H517 pamtmann on DSKBFK8HB2PROD with BILLS