What This Bill Does
This bill requires asylum officers at U.S. embassies and consulates to conduct credible fear screenings before people seeking asylum can enter the United States. It also makes certain changes to who qualifies for asylum and how removal cases are handled. The bill is called the "Asylum Abuse Reduction Act."
Who It Affects
People from other countries attempting to seek asylum at the U.S.-Mexico or U.S.-Canada borders. Immigration officers at land ports of entry. Asylum officers at U.S. embassies and consulates. Federal judges and magistrates. Immigration detention facilities.
Key Provisions
• Immigration officers at land borders cannot admit or allow people into the United States if they are seeking asylum without valid entry documents. Instead, officers must tell them to schedule an asylum hearing at the nearest U.S. embassy or consulate in Canada or Mexico. (Sec. 2(a))
• People seeking asylum can only enter the United States to apply if an asylum officer at a U.S. embassy or consulate conducts an interview and concludes the person has been persecuted in their home country because of race, religion, nationality, membership in a particular social group, or political opinion, has a credible fear of persecution if they return, or would be tortured. (Sec. 2(b))
• People entering through the southern land border after passing through one or more other countries are not eligible for asylum, with limited exceptions. (Sec. 3(F))
• An asylum officer can deny asylum if they determine someone could avoid persecution by moving to another part of their home country. (Sec. 3(G))
• Federal judges and magistrates must issue arrest warrants for people who violate immigration removal laws when probable cause is shown. (Sec. 4)
What Changes
The Flores settlement agreement, a court agreement from 1997 concerning how detained immigrants are held, will no longer apply to people detained under immigration law.
Important Definitions
Credible fear: Not specified in bill text.
I
118TH CONGRESS
1ST SESSION
H. R. 469
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
JANUARY 24, 2023
Mr. HERN 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’’.
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•HR 469 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;
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•HR 469 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
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•HR 469 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—
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•HR 469 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
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•HR 469 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
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