USA Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3217 To amend the Immigration and Nationality Act to tighten asylum laws, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2023 Mr. CARTER of Texas introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to tighten asylum laws, 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 ‘‘Updated Standards 4 for Asylum Act of 2023’’ or the ‘‘USA Act of 2023’’. 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 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3217.IH H3217 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3217 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 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3217.IH H3217 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3217 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 SEC. 5. SAFE THIRD COUNTRY. 22 Section 208(a)(2)(A) of the Immigration and Nation- 23 ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 24 VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3217.IH H3217 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3217 IH (1) by striking ‘‘Attorney General’’ each place 1 it appears and inserting ‘‘Secretary of Homeland Se- 2 curity’’; and 3 (2) by striking ‘‘removed, pursuant to a bilat- 4 eral or multilateral agreement, to’’ and inserting 5 ‘‘removed to’’. 6 SEC. 6. RENUNCIATION OF ASYLUM STATUS PURSUANT TO 7 RETURN TO HOME COUNTRY. 8 (a) IN GENERAL.—Section 208(c) of the Immigration 9 and Nationality Act (8 U.S.C. 1158(c)) is amended by 10 adding at the end the following new paragraph: 11 ‘‘(4) RENUNCIATION OF STATUS PURSUANT TO 12 RETURN TO HOME COUNTRY.— 13 ‘‘(A) IN GENERAL.—Except as provided in 14 subparagraph (B), any alien who is granted 15 asylum under this Act, who, absent changed 16 country conditions, subsequently returns to the 17 country of such alien’s nationality or, in the 18 case of an alien having no nationality, returns 19 to any country in which such alien last habit- 20 ually resided, and who applied for such status 21 because of persecution or a well-founded fear of 22 persecution in that country on account of race, 23 religion, nationality, membership in a particular 24 VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3217.IH H3217 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3217 IH social group, or political opinion, shall have his 1 or her status terminated. 2 ‘‘(B) WAIVER.—The Secretary has discre- 3 tion to waive subparagraph (A) if it is estab- 4 lished to the satisfaction of the Secretary that 5 the alien had a compelling reason for the re- 6 turn. The waiver may be sought prior to depar- 7 ture from the United States or upon return.’’. 8 (b) CONFORMING AMENDMENT.—Section 208(c)(3) 9 of the Immigration and Nationality Act (8 U.S.C. 10 1158(c)(3)) is amended by inserting after ‘‘paragraph 11 (2)’’ the following: ‘‘or (4)’’. 12 SEC. 7. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLI- 13 CATIONS. 14 (a) IN GENERAL.—Section 208(d)(4) of the Immi- 15 gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 16 amended— 17 (1) in the matter preceding subparagraph (A), 18 by inserting ‘‘the Secretary of Homeland Security 19 or’’ before ‘‘the Attorney General’’; 20 (2) in subparagraph (A), by striking ‘‘and of 21 the consequences, under paragraph (6), of knowingly 22 filing a frivolous application for asylum; and’’ and 23 inserting a semicolon; 24 VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3217.IH H3217 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3217 IH (3) in subparagraph (B), by striking the period 1 and inserting ‘‘; and’’; and 2 (4) by adding at the end the following: 3 ‘‘(C) ensure that a written warning ap- 4 pears on the asylum application advising the 5 alien of the consequences of filing a frivolous 6 application, which written warning shall serve 7 as notice to the alien of the consequence of fil- 8 ing a frivolous application.’’. 9 (b) CONFORMING AMENDMENT.—Section 208(d)(6) 10 of the Immigration and Nationality Act (8 U.S.C. 11 1158(d)(6)) is amended by striking ‘‘If the’’ and all that 12 follows and inserting: 13 ‘‘(A) DETERMINATION.—If the Secretary 14 of Homeland Security or the Attorney General 15 determines that an alien has knowingly made a 16 frivolous application for asylum and the alien 17 has received the notice under paragraph (4)(C), 18 the alien shall be permanently ineligible for any 19 benefits under this Act, effective as the date of 20 the final determination of such an application. 21 ‘‘(B) CRITERIA.—An application is frivo- 22 lous if the Secretary of Homeland Security or 23 the Attorney General determines, consistent 24 with subparagraph (C), that— 25 VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3217.IH H3217 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3217 IH ‘‘(i) it is so insufficient in substance 1 that it is clear that the applicant know- 2 ingly filed the application solely or in part 3 to delay removal from the United States, 4 to seek employment authorization as an 5 applicant for asylum pursuant to regula- 6 tions issued pursuant to paragraph (2), or 7 to seek issuance of a Notice to Appeal in 8 order to pursue Cancellation of Removal 9 under section 240A(b); or 10 ‘‘(ii) any of the material elements of 11 the application are knowingly fabricated. 12 ‘‘(C) OPPORTUNITY TO CLARIFY.—The 13 Secretary of the Attorney General may not 14 make a determination under this paragraph 15 that an application is frivolous unless, during 16 the course of the proceedings, the applicant has 17 had sufficient opportunity to clarify any dis- 18 crepancies or implausible aspects of the claim. 19 ‘‘(D) AVAILABILITY OF CERTAIN RE- 20 LIEF.—A finding under this paragraph that an 21 alien filed a frivolous asylum application shall 22 not preclude the alien from seeking withholding 23 of removal under section 241(b)(3) or protec- 24 VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3217.IH H3217 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3217 IH tion pursuant to the Convention Against Tor- 1 ture.’’. 2 SEC. 8. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. 3 (a) ASYLUM CREDIBILITY DETERMINATIONS.—Sec- 4 tion 208(b)(1)(B)(iii) of the Immigration and Nationality 5 Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting 6 after ‘‘all relevant factors’’ the following: ‘‘, including 7 statements made to, and investigative reports prepared by, 8 immigration authorities and other government officials’’. 9 (b) RELIEF FOR REMOVAL CREDIBILITY DETER- 10 MINATIONS.—Section 240(c)(4)(C) of the Immigration 11 and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended 12 by inserting after ‘‘all relevant factors’’ the following: ‘‘, 13 including statements made to, and investigative reports 14 prepared by, immigration authorities and other govern- 15 ment officials’’. 16 SEC. 9. PENALTIES FOR ASYLUM FRAUD. 17 Section 1001 of title 18, United States Code, is 18 amended by adding at the end the following: 19 ‘‘(d) Whoever, in any matter before the Secretary of 20 Homeland Security or the Attorney General pertaining to 21 an application for asylum or the adjudication of an appli- 22 cation for asylum under section 208 of the Immigration 23 and Nationality Act (8 U.S.C. 1158) or withholding of re- 24 VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3217.IH H3217 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3217 IH moval under section 241(b)(3) of such Act (8 U.S.C. 1 1231), knowingly and willfully— 2 ‘‘(1) makes any materially false, fictitious, or 3 fraudulent statement or representation; or 4 ‘‘(2) makes or uses any false writings or docu- 5 ment knowing the same to contain any materially 6 false, fictitious, or fraudulent statement or entry, 7 shall be fined under this title or imprisoned not more than 8 10 years, or both.’’. 9 SEC. 10. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD. 10 Section 3291 of title 18, United States Code, is 11 amended by striking ‘‘1544,’’ and inserting ‘‘1544, and 12 section 1546,’’. 13 SEC. 11. TECHNICAL AMENDMENTS. 14 Section 208 of the Immigration and Nationality Act 15 (8 U.S.C. 1158) is amended— 16 (1) in subsection (a)— 17 (A) in paragraph (2)(D), by inserting 18 ‘‘Secretary of Homeland Security or the’’ before 19 ‘‘Attorney General’’; and 20 (B) in paragraph (3), by inserting ‘‘Sec- 21 retary of Homeland Security or the’’ before 22 ‘‘Attorney General’’; 23 VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3217.IH H3217 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3217 IH (2) in subsection (b)(2), by inserting ‘‘Secretary 1 of Homeland Security or the’’ before ‘‘Attorney Gen- 2 eral’’ each place such term appears; 3 (3) in subsection (c)— 4 (A) in paragraph (1), by striking ‘‘Attor- 5 ney General’’ each place such term appears and 6 inserting ‘‘Secretary of Homeland Security’’; 7 (B) in paragraph (2), in the matter pre- 8 ceding subparagraph (A), by inserting ‘‘Sec- 9 retary of Homeland Security or the’’ before 10 ‘‘Attorney General’’; and 11 (C) in paragraph (3), by inserting ‘‘Sec- 12 retary of Homeland Security or the’’ before 13 ‘‘Attorney General’’; and 14 (4) in subsection (d)— 15 (A) in paragraph (1), by inserting ‘‘Sec- 16 retary of Homeland Security or the’’ before 17 ‘‘Attorney General’’ each place such term ap- 18 pears; 19 (B) in paragraph (2), by striking ‘‘Attor- 20 ney General’’ and inserting ‘‘Secretary of 21 Homeland Security’’; and 22 (C) in paragraph (5)— 23 VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3217.IH H3217 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3217 IH (i) in subparagraph (A), by striking 1 ‘‘Attorney General’’ and inserting ‘‘Sec- 2 retary of Homeland Security’’; and 3 (ii) in subparagraph (B), by inserting 4 ‘‘Secretary of Homeland Security or the’’ 5 before ‘‘Attorney General’’. 6 Æ VerDate Sep 11 2014 03:32 May 24, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H3217.IH H3217 kjohnson on DSK79L0C42PROD with BILLS