Asylum

Ending Catch and Release Act of 2025

United States · United States Congress · 3 January 2025

Ending Catch and Release Act of 2025 This bill changes the treatment of certain non-U.S. nationals ( aliens under federal law) without lawful immigration status, including by prohibiting the release of asylum seekers into the United States while their cases are pending. The Department of Homeland Security (DHS) may not (with some exceptions) release an individual who is not clearly entitled to admission into the United States while the individual's case is pending, even if the individual is an asylum seeker. DHS may instead detain the individual or return the individual to a neighboring country in certain situations. The bill also expands expedited removal from the United States (i.e., removal without further hearing or review) to include individuals present in the United States without being admitted, with certain exceptions. Under current law, individuals are subject to expedited removal if they lack proper documentation or obtained an immigration benefit through fraud; such individuals are still subject to expedited removal under the bill. The bill also modifies the standard for establishing a credible fear of persecution to avoid expedited removal. Generally, an asylum seeker may avoid expedited removal if an asylum officer finds such a credible fear. Under this bill, an officer may find credible fear if it is more likely than not the individual can establish their eligibility for asylum, whereas under current law, the officer may find credible fear if there is a significant possibility that the individual can establish their eligibility.

Stopping Border Surges Act

United States · United States Congress · 3 January 2025

Stopping Border Surges Act This bill modifies immigration law provisions relating to unaccompanied alien minors and to asylum seekers. The bill requires the Department of Homeland Security (DHS) to repatriate certain unaccompanied, inadmissible alien children, generally those not at risk of being trafficking victims nor having a fear of persecution. Currently, only inadmissible unaccompanied aliens from neighboring countries are subject to repatriation, and DHS has discretion whether to repatriate. When the Department of Health and Human Services releases an unaccompanied child to an individual, it shall provide DHS with certain information about that individual, including Social Security number and immigration status. The bill requires a stricter standard to find a credible fear of persecution and imposes additional rules on credible fear interviews. If an alien is granted asylum because of fear of persecution in a country, the alien shall be deemed to have renounced asylum status by returning to that country, if there has been no change in the country's conditions. The bill also (1) expands the definition of what constitutes a frivolous asylum application, (2) imposes additional limitations on eligibility for asylum, (3) shortens the deadline for applying for asylum, and (4) extends the time period an alien seeking asylum must wait before receiving employment authorization. Any individual who knowingly and willfully makes materially false statements or uses fraudulent documents in asylum-related proceedings shall be fined or imprisoned up to 10 years, or both.

SEND THEM BACK Act of 2025

United States · United States Congress · 3 January 2025

Sending Evading Non-Documented Threats Home Especially Migrants Biden Accepted Carelessly and Knowingly Act of 2025 or the SEND THEM BACK Act of 2025 This bill subjects non-U.S. nationals ( aliens under federal law) who illegally entered the United States on or after January 20, 2021, to expedited removal (i.e., removal without further hearing or review). This applies even if such an individual indicated an intention to apply for asylum or expressed a fear of persecution. The bill does not apply to an individual serving in the Armed Forces as of January 1, 2025.

Agent Raul Gonzalez Officer Safety Act

United States · United States Congress · 3 January 2025

Agent Raul Gonzalez Officer Safety Act This bill establishes new federal criminal offenses for operating a motor vehicle within 100 miles of the U.S. border while fleeing from a U.S. Border Patrol agent or a federal, state, or local law enforcement officer who is actively assisting or under the command of the U.S. Border Patrol. The bill establishes criminal penalties for an offense, including a mandatory minimum prison term for an offense resulting in death or serious bodily injury. Additionally, a non-U.S. national who is convicted of or admits to committing an offense is inadmissible, deportable, and ineligible for immigration relief (including asylum).

Deport Alien Gang Members Act

United States · United States Congress · 3 January 2025

Deport Alien Gang Members Act This bill makes non-U.S. nationals ( aliens under federal law) associated with criminal gangs inadmissible for entry into the United States and deportable. The bill also establishes procedures to designate groups as criminal gangs. An individual shall be inadmissible if certain officers or agencies know or have reason to believe that the individual is or was a criminal gang member or has participated or aided such a group's illegal activities. An individual who is or was a member of such a gang, has participated or aided such a group's illegal activities, or seeks to enter or has entered the United States in furtherance of such activity shall be deportable. Such individuals must be subject to mandatory detention. Furthermore, such individuals shall not be eligible for (1) asylum; (2) temporary protected status; (3) special immigrant juvenile visas; or (4) parole, unless they are assisting the government in a law enforcement matter. The bill defines a criminal gang as a group of five or more persons (1) where one of its primary purposes is committing specified criminal offenses and its members have engaged in a continuing series of such offenses within the past five years, or (2) that has been designated as a criminal gang by the Department of Homeland Security (DHS). The bill also establishes procedures for DHS to designate a group as a criminal gang, including notifying Congress, publishing a notice in the Federal Register, and providing an opportunity for the group to petition for review of the designation.

Recognizing November 30, 2024, as Yom Haplitim or Jewish Refugee Day.

United States · United States Congress · 22 November 2024

OVERSIGHT OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES' OFFICE OF REFUGEE RESETTLEMENT

United States · United States House of Representatives · 20 November 2024

Calling for comprehensive legislation that addresses United States policies contributing to forced migration and displacement, promotes an immigration system that addresses the root causes of migration, reaffirms United States commitment to asylum, and provides a roadmap to citizenship for immigrants living in the United States.

United States · United States Congress · 1 October 2024

To prohibit the Department of Defense from transporting Palestinian refugees to the United States.

United States · United States Congress · 24 July 2024

To make ineligible for asylum any alien who commits certain actions against the National Guard, and for other purposes.

United States · United States Congress · 24 July 2024

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the proposed rule submitted by the Office of Refugee Resettlement of the Administration for Children and Families of the Department of Health and Human Services relating to the Unaccompanied Children Program Foundational Rule.

United States · United States Congress · 27 June 2024

Reaffirming the importance of the United States promoting the safety, health, and well-being of refugees and displaced persons in the United States and around the world.

United States · United States Congress · 21 June 2024

A resolution reaffirming the importance of the United States promoting the safety, health, and well-being of refugees and displaced persons in the United States and around the world.

United States · United States Congress · 20 June 2024

A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the proposed rule submitted by the Office of Refugee Resettlement of the Administration for Children and Families of the Department of Health and Human Services relating to the Unaccompanied Children Program Foundational Rule.

United States · United States Congress · 5 June 2024

Border Act of 2024

United States · United States Congress · 16 May 2024

Border Act of 2024 The bill expands Department of Homeland Security (DHS) authority to address the processing of non-U.S. nationals ( aliens under federal law) and provides supplemental appropriations for related purposes. Among other provisions, the bill provides DHS emergency authority to summarily remove or prohibit the entry of certain non-U.S. nationals within 100 miles of the southwest land border. DHS may exercise this authority if DHS encounters an average of 4,000 non-U.S. nationals within a seven-day period. If the number of encounters reach certain higher thresholds, DHS must exercise the emergency authority. This emergency border authority expires after three years and may be modified by the President under specified circumstances. Next, the bill establishes an expedited process that authorizes asylum officers to adjudicate certain asylum claims. Among other provisions, these provisional noncustodial removal proceedings impose certain target timelines for determining asylum claims and limit review of denied claims. The bill also establishes a stricter threshold for individuals to remain in the United States pending adjudication of an asylum petition. The bill extends and establishes immigration pathways for Afghan citizens or nationals, including by (1) making certain individuals admitted or paroled to the United States eligible for conditional permanent resident status, and (2) expanding eligibility for special immigrant visas for certain individuals who were injured while supporting the U.S. mission in Afghanistan. The bill also increases base pay for asylum officers and grants DHS temporary direct hire authority to hire personnel to implement the bill.

Recognizing the Nakba and Palestinian refugees' rights.

United States · United States Congress · 15 May 2024

This resolution expresses the sense of Congress that it is the policy of the United States to recognize the Palestinian Nakba and support Palestinian refugees' rights. It also states that it is the policy of the United States to recognize that Palestinians are a unique people.

To authorize the Secretary of State to withdraw from the United Nations Relief and Works Agency for Palestine Refugees in the Near East Federal funds previously made available to such organization.

United States · United States Congress · 2 May 2024

Northern Triangle Asylum Cooperative Agreement Reimplementation Act

United States · United States Congress · 18 April 2024

Israel Security Supplemental Appropriations Act, 2024

United States · United States Congress · 17 April 2024

Israel Security Supplemental Appropriations Act, 2024 This bill provides FY2024 supplemental appropriations for federal departments and agencies to respond to the conflict in Israel. The bill designates the funding as emergency spending, which is exempt from discretionary spending limits. Specifically, the bill provides appropriations to the Department of Defense (DOD), the Federal Emergency Management Agency (FEMA), the Department of State, and the U.S Agency for International Development. The funding is provided for purposes such as supporting current U.S. military operations in the region; replacing defense articles that were provided to Israel; reimbursing DOD for defense services and training provided to Israel; Defense Production Act purchases; procuring Israel's Iron Dome, David's Sling, and Iron Beam defense systems to counter short-range rocket threats; procuring advanced weapons systems, defense articles, and defense services for Israel through the Foreign Military Financing Program; the FEMA Nonprofit Security Grant Program; migration and refugee assistance; international narcotics control and law enforcement; peacekeeping operations; security at U.S. diplomatic facilities; and humanitarian assistance. The bill also includes provisions that (1) expand the authorities of the President to transfer defense articles and services from DOD to foreign countries or international organizations, and (2) prohibit funds from being used for payments to the U.N. Relief and Works Agency.  

Ukraine Security Supplemental Appropriations Act, 2024

United States · United States Congress · 17 April 2024

Ukraine Security Supplemental Appropriations Act, 2024 This bill provides FY2024 supplemental appropriations for federal departments and agencies to respond to the conflict in Ukraine. The bill designates the funding as emergency spending, which is exempt from discretionary spending limits. Specifically, the bill provides appropriations to the Department of Defense (DOD), Department of Energy science programs, the National Nuclear Security Administration, the Administration for Children and Families, the Department of State, and the U.S. Agency for International Development. The funding is provided for purposes such as supporting current U.S. military operations in the region, the Ukraine Security Assistance Initiative, replacing defense articles that were provided to Ukraine, reimbursing DOD for defense services and training provided to Ukraine, the Foreign Military Financing Program, economic support for Ukraine, refugee and entrant assistance, international narcotics control and law enforcement, and the development and production of isotopes. The bill also includes provisions that expand the authorities of the President to transfer defense articles and services from DOD to foreign countries or international organizations, require the President to transfer long-range Army Tactical Missile Systems to Ukraine, require the President to enter into an agreement with Ukraine regarding repaying the United States for the economic assistance it has provided to Ukraine, require certain funds that are provided for Ukraine to be matched by other donors, and establish various oversight and reporting requirements for assistance provided to Ukraine.

A resolution denouncing the Biden Administration's immigration policies.

United States · United States Congress · 21 March 2024

This resolution urges the Biden Administration to immediately use certain authorities related to immigration, such as the authority to reinstate the Migrant Protection Protocols, enter into asylum cooperative agreements, and detain inadmissible non-U.S. nationals ( aliens under federal law). The resolution also states that the Biden Administration is refusing to use such authorities.

A resolution protecting the Iranian political refugees, including female former political prisoners, in Ashraf-3 in Albania.

United States · United States Congress · 20 March 2024

Expressing the sense of Congress that coordinated action must be taken by the United States Government and partner countries to address the humanitarian and human rights crises facing North Koreans in the People's Republic of China, including forced labor, arbitrary detention, human trafficking, and the forcible repatriation from China.

United States · United States Congress · 13 March 2024

This resolution encourages the President and relevant cabinet officials to raise with officials of China's government the U.S. interest in protecting North Koreans seeking asylum or being trafficked in China.   The resolution also encourages (1) the Department of State to coordinate diplomatic actions with South Korea, Japan, and other concerned governments to end forced deportation and forced labor of North Koreans living in China; and (2) the Department of Homeland Security to address the issue of North Korean forced labor in China through various means, including by enforcing specified sanctions on goods produced with North Korean labor.

Laken Riley Act

United States · United States Congress · 12 March 2024

Laken Riley Act This bill requires the Department of Homeland Security (DHS) to detain certain non-U. S. nationals ( aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement. Under this bill, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted for, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting. The bill also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a decision to release a non-U. S. national from custody; failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews; failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country; violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or failure to detain an individual who has been ordered removed from the United States.

Denouncing the Biden administration's immigration policies.

United States · United States Congress · 7 March 2024

This resolution urges the Biden Administration to immediately use certain authorities related to immigration, such as the authority to reinstate the Migrant Protection Protocols, enter into asylum cooperative agreements, and detain inadmissible non-U.S. nationals (aliens under federal law). The resolution also states that the Biden Administration is refusing to use such authorities.

Laken Riley Act

United States · United States Congress · 1 March 2024

Laken Riley Act This bill requires the Department of Homeland Security (DHS) to detain certain non-U. S. nationals ( aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement. Under this bill, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted for, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting. The bill also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a decision to release a non-U. S. national from custody; failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews; failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country; violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or failure to detain an individual who has been ordered removed from the United States.

Expressing the sense of Congress that the Secretary of State in coordination with the Secretary of the Treasury should investigate the use of cryptocurrencies by Hamas (also known as Harakat al-Muqawama al-Islamiya), and whether any cryptocurrencies were exchanged between Hamas and the United Nations Relief and Works Agency.

United States · United States Congress · 6 February 2024

This concurrent resolution expresses the sense that the Department of State should investigate the use of cryptocurrencies by Hamas and whether any cryptocurrencies were exchanged between Hamas and the United Nations Relief and Works Agency for Palestine Refugees in the Near East.

To provide supplemental appropriations for fiscal year 2024, and for other purposes.

United States · United States Congress · 6 February 2024

This bill provides FY2024 supplemental appropriations to several federal agencies for assistance to Ukraine, Israel, and Taiwan. Specifically, the bill provides additional funding for the Department of Defense (DOD), the National Nuclear Security Administration, the Federal Emergency Management Agency (FEMA), the Administration for Children and Families, the Department of State, and the U.S. Agency for International Development. The bill provides the funding for purposes such as assistance for Ukraine, Israel, and Taiwan; improvements to the submarine industrial base; the FEMA Nonprofit Security Grant Program; refugee assistance; and humanitarian assistance. In addition, the bill includes provisions that (1) expand the authorities of the President to transfer defense articles and services from DOD to foreign countries or international organizations; and (2) prohibit funds from being used for payments to the U.N. Relief and Works Agency.

UNRWA FTO Designation Act

United States · United States Congress · 1 February 2024

UNRWA FTO Designation Act This bill requires the Department of State to designate the United Nations Relief and Works Agency for Palestine Refugees in the Near East as a foreign terrorist organization.

Uncovering UNRWA’s Terrorist Crimes Act

United States · United States Congress · 1 February 2024

Uncovering UNRWA’s Terrorist Crimes Act This bill prohibits federal funds from being used to provide funding, directly or indirectly, to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). The bill also requires the Department of State to report to Congress on the total U.S. funding to UNRWA from FY2020 through FY2024.

No Immigration Benefits for Hamas Terrorists Act

United States · United States Congress · 7 December 2023

No Immigration Benefits for Hamas Terrorists Act This bill imposes immigration-related penalties on certain non-U.S. nationals ( aliens under federal law) who are involved with terrorism or attacks against Israel. Under this bill, members of Palestinian Islamic Jihad or Hamas or who participated in or otherwise facilitated the October 7, 2023, attacks on Israel may not be admitted into the United States. The bill also expands an existing admissions bar against officers, representatives, and spokespersons of the Palestinian Liberation Organization (PLO). Under this bill, all PLO members are barred from admission into the United States. The bill also prohibits any non-U.S. national who participated in or otherwise facilitated the October 7, 2023, attacks from seeking any immigration-related relief or protections, including (1) protection from being deported to a country where the individual's life or freedom would be threatened, or (2) asylum in the United States.

Humane Accountability Act

United States · United States Congress · 7 November 2023

Humane Accountability Act This bill requires the Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS) to jointly report to Congress and the Government Accountability Office (GAO) about assaults, deaths, complaints, and related instances involving immigration detainees. GAO must subsequently issue recommendations to address the reported instances. The joint report must include information from detention centers related to detainee deaths while in custody;  assault or abuse of a detainee while in custody by an officer, staff, or other detainee that requires medical attention; sexual assault of detainees while in custody and investigative findings from each such assault; complaints submitted by detainees or their families regarding abuse, sexual assault, staff neglect or retaliation, lack of proper resources or amenities, lack of access to legal counsel, or death; and  the centers' actions to address and remedy such complaints from detainees or their families. The report must provide information regarding detention centers operated by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Office of Refugee Resettlement. The bill requires GAO to provide Congress with a list of recommendations to address the information in the report within 90 days following GAO's receipt of such report. 

Training and Nutrition Stability Act of 2023

United States · United States Congress · 1 November 2023

Training and Nutrition Stability Act of 2023 This bill excludes specific employment and training program allowances, earnings, and payments from income when determining eligibility for the Supplemental Nutrition Assistance Program (SNAP). (Under SNAP, a household must have an income below a certain level to qualify for program benefits.) Examples of programs excluded from income include Workforce Innovation and Opportunity Act (WIOA) programs, vocational rehabilitation programs, and refugee employment programs. This bill also removes the requirement that earnings from on-the-job training be considered earned income for purposes of determining SNAP eligibility.

Evicting Violent Islamic Criminals That Entered Deviously Act

United States · United States Congress · 26 October 2023

Evicting Violent Islamic Criminals That Entered Deviously Act or the EVICTED Act This bill authorizes the Department of Homeland Security to subject to expedited removal any non-U.S. national ( alien under federal law) who is a resident of the Palestinian Territories and unlawfully present. (An unlawfully present individual has not been admitted or paroled into the United States.) Under current law, an individual subject to expedited removal shall be ordered removed from the United States without further hearing or review unless the individual indicates an intention to apply for asylum or a fear of prosecution.

No Asylum for CCP Spies Act

United States · United States Congress · 21 September 2023

No Asylum for CCP Spies Act

United States · United States Congress · 21 September 2023

No Asylum for CCP Spies Act This bill makes a non-U.S. national ( alien under federal law) who has been affiliated with the Communist or a totalitarian party ineligible for asylum. The bill provides exceptions for an applicant who establishes that such affiliation was involuntary or limited or, alternatively, has significant information relating to national security, Under the bill, a non-U.S. national who is or has been a member of or affiliated with the Communist or any totalitarian party (including a subdivision or affiliate thereof) is ineligible for asylum. (Under current law, such affiliation makes a non-U.S. national ineligible for a visa or lawful permanent resident status, with certain exceptions.) Such an individual may become eligible for asylum if the individual (1) publicly renounces his or her membership before applying; (2) denounces such party during the adjudication process; (3) has been determined by the Department of Homeland Security (DHS) or Department of Justice (DOJ) not to be a danger to U.S. security; and (4) establishes that such party affiliation was involuntary, automatic, to obtain employment or living essentials, or only while the individual was younger than 16 years of age.  Alternatively, DHS or DOJ may waive these requirements if a non-U.S. national seeking asylum (1) has significant information relating to national security, (2) renounces the party affiliation or membership and denounces the totalitarian party, and (3) is determined not to be a danger to the United States.

Continuing Appropriations and Border Security Enhancement Act, 2024

United States · United States Congress · 18 September 2023

Continuing Appropriations and Border Security Enhancement Act, 2024 This bill provides continuing FY2024 appropriations for federal agencies through October 31, 2023. It also makes various changes to immigration law, including by imposing limits on asylum eligibility. DIVISION A--CONTINUING APPROPRIATIONS ACT, 2024 Continuing Appropriations Act, 2024 This division provides continuing FY2024 appropriations to federal agencies through the earlier of October 31, 2023, or the enactment of the applicable appropriations act. It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2024 appropriations bills have not been enacted when FY2024 begins on October 1, 2023. The CR generally funds defense, Department of Veterans Affairs, and disaster relief programs at the FY2023 levels and reduces funding for other programs by 8.1%. It also includes several exceptions that provide funding flexibility and additional appropriations for various programs. The division extends the National Flood Insurance Program and the Department of Agriculture's Livestock Mandatory Reporting program through October 31, 2023. The division also includes several provisions that prohibit the Department of Homeland Security from using the funds provided by the CR for various purposes related to immigration. DIVISION B--OTHER MATTERS This division exempts the budgetary effects of this division and each succeeding division from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO Act), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules. DIVISION C--BORDER SECURITY This division requires certain actions related to border security. (Sec. 102) This section requires the Department of Homeland Security (DHS) to resume all activities related to constructing a wall along the U.S.-Mexico border that were underway or planned prior to January 20, 2021. (Sec. 103) This section imposes additional requirements on DHS related to the construction of barriers along the U.S.-Mexico border. For example, the bill requires DHS to construct a border wall (including related infrastructure and technology) along at least 900 miles of that border, whereas currently DHS is required to have at least 700 miles of reinforced fencing along that border. This section also requires DHS to waive all legal requirements necessary to ensure the expeditious construction of the border barriers, whereas currently DHS is authorized to waive such requirements. (Sec. 104) This section requires U.S. Customs and Border Protection (CBP) to submit a strategic five-year technology investment plan to Congress. (Sec. 105) This section imposes certain documentation and acquisition-related standards on major border security technology acquisitions, generally those that cost at least $100 million based on FY2023 constant dollars. (Sec. 106) This section requires CBP to (1) ensure that each CBP officer or agent is equipped with a two-way communication device, (2) fully implement the Border Security Deployment Program (a border surveillance program), and (3) upgrade license plate readers as needed at ports of entry along the northern and southern borders. (Sec. 107) This section authorizes retention bonuses for eligible frontline U.S. Border Patrol law enforcement agents. The section also requires CBP to maintain an active duty presence of at least 22,000 full-time equivalent Border Patrol agents by September 30, 2025. (Sec. 108) This section modifies a provision that exempts certain applicants for CBP law enforcement positions from having to take a polygraph test. For example, this section provides this exemption to certain law enforcement officers, whereas currently the waiver is only available to eligible veterans. The waiver provision established by this section is not applicable during periods when CBP certifies that it has met certain staffing requirements. (Sec. 109) This section requires CBP to implement a workload staffing model for the Border Patrol and CBP Air and Marine Operations. (Sec. 110) This section provides statutory authorization for Operation Stonegarden, a program which provides grants to law enforcement agencies that are (1) in a state with an international land or maritime border, and (2) involved in an active CBP operation coordinated through the Border Patrol. (Sec. 111) This section establishes certain requirements for CBP Air and Marine Operations. For example, CBP must ensure that its Air and Marine Operations (1) carry out at least 110,000 flight hours each year, and (2) operate unmanned aircraft systems (drones) on the southern border 24 hours a day. (Sec. 112) This section requires DHS to hire contractors to begin eradicating certain plant growth along the Rio Grande River that impedes border security operations. (Sec. 113) This section requires the Border Patrol to issue a Border Patrol Strategic Plan to enhance border security. (Sec. 115) This section prohibits DHS from (1) processing the entry of non-U.S. nationals ( aliens under federal law) arriving in between ports of entry; (2) providing funds to nongovernmental organizations (NGOs) that facilitate or encourage unlawful activity; or (3) providing funds to NGOs that provide certain services, such as lodging or immigration legal services, to inadmissible non-U.S. nationals who enter the United States. (Sec. 116) This section requires DHS to ensure that CBP is, within 14 days of this bill's enactment, fully compliant with federal DNA and biometric collection requirements at U.S. land borders. (Sec. 117) This section requires CBP to periodically review and update, as necessary, manuals and policies related to inspections at ports of entry to ensure the uniformity of inspection practices to effectively detect illegal activity along the border, such as the smuggling of drugs and humans. (Sec. 118) This section requires CBP to publish information monthly about CBP encounters with non-U.S. nationals, including the total number of encounters and the nationalities of the individuals encountered. (Sec. 119) This section requires CBP to, within seven days of this bill's enactment, certify to Congress that CBP has real-time access to the criminal history databases of all countries of origin and transit for non-U.S. nationals encountered by CBP. (Sec. 120) This section prohibits the Transportation Security Administration (TSA) from accepting as proof of identification certain documents, such as a warrant issued by U.S. Immigration and Customs Enforcement (ICE) or an employment authorization issued by DHS. The TSA must collect the biometric information of any individual who (1) seeks to enter the aircraft boarding area of an airport where access is controlled by the TSA, (2) does not present an accepted identification document, and (3) the TSA cannot verify is a U.S. national. The TSA must share this collected biometric information with the Automated Biometric Identification System (IDENT). (Sec. 121) This section prohibits DHS from (1) issuing any COVID-19 vaccine mandate unless expressly authorized by Congress, or (2) taking any adverse action against an employee based solely on the employee's refusal to receive a COVID-19 vaccine. (Sec. 122) This section limits the use of the CBP One mobile application or a similar program. Specifically, DHS may only use such an application for inspecting perishable cargo. (Sec. 124) This section requires the Government Accountability Office to study and report to Congress on the costs incurred by states in support of the federal mission to secure the southwest border and the feasibility of reimbursing states for such costs. (Sec. 125) This section requires the Office of Inspector General of DHS to annually report to Congress on the economic and security impact of mass migration to municipalities and states along the southwest border. (Sec. 126) This section specifies that no funds are authorized to be appropriated for specified DHS activities, including a pilot program for alternatives to detention or purchasing electric vehicles. (Sec. 128) This section requires the Office of Inspector General of DHS to report to Congress an assessment of CBP's ability to mitigate unmanned aircraft systems along the southwest border. DIVISION D--IMMIGRATION ENFORCEMENT AND FOREIGN AFFAIRS TITLE I--ASYLUM REFORM AND BORDER PROTECTION This title imposes additional requirements for asylum eligibility. (Sec. 101) This section expands provisions that bar certain individuals from applying for asylum. Currently, an individual may not apply for asylum if that individual may be removed to a third country (i.e., a country that is not the applicant's country of nationality or last habitual residence) if that third country has (1) a full and fair asylum process that the individual could use, and (2) an agreement with the United States allowing for such removals. This section expands this provision by authorizing removal to third countries that do not have an agreement with the United States. This section also bars an individual from applying for asylum if the individual traveled through at least one third country before arriving in the United States, with certain exceptions (e.g., the individual applied for and was denied asylum in that third country). (Sec. 102) This section modifies the standard for establishing an asylum applicant's credible fear of persecution. Specifically, to find credible fear, an asylum officer must find that the applicant could more likely than not establish eligibility for asylum. Currently, an asylum officer must conclude that there is a significant possibility that the applicant could establish eligibility for asylum. (Sec. 103) This section limits asylum eligibility to individuals who arrived in the United States at a port of entry. (Sec. 104) This section expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for (1) a misdemeanor relating to the unlawful possession or use of an identification, (2) an offense for driving while intoxicated causing another person's serious bodily injury or death, or (3) any felony. This section further expands this bar to asylum eligibility by broadening the definition of felony to include any crime that is punishable by more than one year of imprisonment. (Some states have misdemeanors that are punishable by imprisonment of more than a year.) Currently, a felony is generally not a bar against asylum eligibility, though certain felonies, such as one for a particularly serious crime, would bar an individual if the individual constitutes a danger to the community. (Sec. 105) This section establishes a duration of six months for an employment authorization for an applicant for asylum. Such an employment authorization may also be renewed for six months or terminated under specified conditions. (Sec. 106) This section requires DHS to charge a fee for each asylum application, except for one filed by an unaccompanied alien child. Currently, DHS is authorized but not required to charge such fees. The section also authorizes DHS to charge fees for a refugee's application for employment authorization or for lawful permanent resident status. (Sec. 107) This section increases the requirements for qualifying as a refugee. Generally, a refugee must have a well-founded fear of persecution based on certain characteristics, such as the individual's race, membership in a particular social group, or political opinion. The section establishes additional requirements for meeting these criteria. For example, such persecution may not be based solely on (1) infrequently enforced laws or government policies unless there is credible evidence that the law or policy would be personally applied to the individual, or (2) conduct of rogue government officials acting outside their official capacity. Furthermore, to be a member of a particular social group, the asylum applicant must establish that the group exists independently of the alleged acts of persecution (i.e., the group cannot be defined solely as the victims of the alleged persecution). The section also imposes limits on when DHS or DOJ may exercise discretion in favor of an asylum applicant. For example, favorable discretion may not be exercised, with certain exceptions, for an applicant who (1) has been unlawfully present in the United States for more than one year before applying for asylum; or (2) failed to file federal, state, or local tax returns. (Sec. 108) This section establishes certain situations when an asylum applicant must be considered to have firmly resettled in another country. (Generally, an individual who has firmly resettled in a country that is not their country of nationality is not eligible for asylum.) For example, an individual must be considered to have firmly resettled in another country if, after the events giving rise to the asylum claim, the individual resided in a country where the individual was eligible for any permanent or indefinitely renewable legal immigration status, such as refugee status. (Sec. 109) This section establishes a statutory definition of what constitutes a frivolous asylum application, whereas currently this definition is defined in regulations. Under this bill, an application is frivolous if (1) it is so insufficient in substance that it is clear that it was filed to achieve another objective, such as to delay removal; or (2) any material elements are knowingly fabricated. (Sec. 111) This section requires DOJ to establish procedures to expedite the adjudication of asylum applications from individuals who are (1) subject to formal removal proceedings; and (2) nationals of a Western Hemisphere country subject to sanctions related to Cuba, Nicaragua, or Venezuela. TITLE II--BORDER SAFETY AND MIGRANT PROTECTION (Sec. 201) This section expands the category of non-U.S. nationals who are subject to expedited removal (i.e., removal without further hearing or review) and addresses related issues. Specifically, this section requires expedited removal for individuals who are unlawfully present or who unlawfully entered the United States. (Currently, DHS may, but is not required to, apply expedited removal to unlawfully present individuals who have been physically present in the United States for less than two years.) This section also requires, with certain exceptions, detention for individuals who (1) are subject to expedited removal, (2) are subject to expedited removal and have expressed an intention to apply for asylum, or (3) have established a credible fear of persecution and are awaiting consideration of an asylum application. If DHS cannot comply with this detention requirement or remove an individual to a safe third country, DHS must return the individual to the neighboring country that the individual traveled through to reach the United States while the individual's case is pending. A state may sue DHS to enforce the requirements imposed by this section. This section also authorizes DHS to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border. (Sec. 202) This section requires DHS to take all actions necessary to reopen or restore all ICE detention facilities that were in operation on January 20, 2021. TITLE III--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN HEMISPHERE (Sec. 302) This section requires the Department of State to seek to negotiate agreements with Western Hemisphere countries on cooperation and burden sharing on issues related to asylum seekers and immigration. (Sec. 303) This section requires the State Department to periodically brief Congress on the process of its negotiations pursuant to the previous section of this bill. TITLE IV--ENSURING UNITED FAMILIES AT THE BORDER (Sec. 401) This section statutorily establishes that there is no presumption that an alien child (other than an unaccompanied child) should not be detained for immigration purposes. Specifically, the section states that the detention of such minors shall be governed by specified sections of the Immigration and Nationality Act and not any other provision of law, judicial ruling, or settlement agreement. (A 1997 settlement agreement, commonly known as the Flores agreement, imposes requirements relating to the treatment of detained alien minors, including requiring such minors to be released or placed in a nonsecure facility after a certain amount of time in detention.) If an adult enters the United States unlawfully with their child, DHS must detain the adult and child together if the only criminal charge against the adult is for unlawful entry. This section also prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors or families with minors. TITLE V--PROTECTION OF CHILDREN (Sec. 502) This section modifies the treatment of unaccompanied alien children, including by requiring DHS to remove such children, with some exceptions, from the United States. Current law authorizes DHS to remove an unaccompanied alien child to their country of nationality or last habitual residence if that country is next to the United States. This section (1) eliminates the requirement that the country is next to the United States; and (2) requires DHS to remove the child, whereas currently DHS is authorized to do so. This section also authorizes immigration officers to permit such a child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application. This section also establishes and modifies deadlines for the handling of unaccompanied alien children. For example, if the child is a victim of a severe form of human trafficking or has a credible fear of persecution, the child must be placed in formal removal proceedings and have a hearing before an immigration judge within 14 days of screening. Furthermore, before DHS places an unaccompanied alien child with an individual, the Department of Health and Human Services must provide DHS with certain information about the individual, including the individual's social security number and immigration status. DHS must initiate removal proceedings if the individual is unlawfully present. (Sec. 503) This section tightens the eligibility requirements for Special Immigrant Juvenile visas (immigrant visas for qualifying non-U.S. nationals under 21 years of age who are in the United States and have been abused, abandoned, or neglected by a parent). Currently, an otherwise eligible individual may qualify for the visa if the individual cannot reunite with one or both parents due to abuse, neglect, or abandonment (i.e., an individual may qualify even if reunification with one parent is possible). Under this section, an individual shall not qualify for the visa if reunification is possible with any parent or legal guardian. TITLE VI--VISA OVERSTAYS PENALTIES (Sec. 601) This section increases the civil penalties for unlawful entry into the United States and establishes criminal penalties for overstaying a visa. An individual apprehended while unlawfully entering the United States shall be subject to a fine of at least $500 and up to $1,000 (currently at least $50 and up to $250). If an individual overstays a visa (or otherwise fails to comply with the conditions of a visa) for 10 days or more, on first offense the individual shall be subject to fines or imprisonment for up to six months, or both. For subsequent violations, the individual shall be subject to fines or imprisonment of up to two years, or both. TITLE VII--IMMIGRATION PAROLE REFORM (Sec. 701) This section limits the authority of DHS to grant parole (temporary admission into the United States for urgent humanitarian reasons or significant public benefit that is granted on a case-by-case basis). Under this section, DHS may not grant parole based on eligibility criteria describing an entire class of potential parole recipients. This section restricts DHS from granting parole to non-U.S. nationals who are already in the United States, with specified exceptions, such as for certain individuals who already have an approved petition for a family-sponsored visa and are the spouse or child of an active duty member of the Armed Forces. The section further restricts the authority of DHS to grant parole, including by limiting (1) what constitutes granting parole on a case-by-case basis, (2) the authority to grant parole to purposes laid out in the section, and (3) the length of the parole period that may be granted to an individual. (Sec. 702) This title takes effect 30 days after enactment of this bill, with specified exceptions. (Sec. 703) This section authorizes persons (individuals or entities), states, and local governments to sue the federal government for failing to comply with this title's requirements if the person or government bringing the lawsuit suffered at least $1,000 of financial harm as a result of the failure.

Expressing support for the designation of September 9 as "National African Immigrant and Refugee HIV/AIDS and Hepatitis Awareness (NAIRHHA) Day".

United States · United States Congress · 18 September 2023

This resolution supports the designation of National African Immigrant and Refugee HIV/AIDS and Hepatitis Awareness (NAIRHHA) Day. The resolution also recognizes the importance of dedicating more attention and resources to addressing HIV/AIDS and viral hepatitis in African immigrant and refugee communities across the United States.

Secure the Border Act of 2023

United States · United States Congress · 14 September 2023

Secure the Border Act of 2023  This bill addresses issues regarding immigration and border security, including by imposing limits to asylum eligibility. For example, the bill requires the Department of Homeland Security (DHS) to resume activities to construct a wall along the U.S.-Mexico border; provides statutory authorization for Operation Stonegarden, which provides grants to law enforcement agencies for certain border security operations; prohibits DHS from processing the entry of non-U.S. nationals ( aliens under federal law) arriving between ports of entry; limits asylum eligibility to non-U.S. nationals who arrive in the United States at a port of entry; authorizes the removal of a non-U.S. national to a country other than that individual's country of nationality or last lawful habitual residence, whereas currently this type of removal may only be to a country that has an agreement with the United States for such removal; expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for driving while intoxicated causing another person's serious bodily injury or death; authorizes DHS to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border; prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors; authorizes immigration officers to permit an unaccompanied alien child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application; imposes additional penalties for overstaying a visa; and requires DHS to create an electronic employment eligibility confirmation system modeled after the E-Verify system and requires all employers to use the system.

Safeguarding Endangered Children, Unaccompanied and at Risk of Exploitation Act of 2023

United States · United States Congress · 12 September 2023

Safeguarding Endangered Children, Unaccompanied and at Risk of Exploitation Act of 2023 or SECURE Act of 2023 This bill requires regular reports to Congress detailing the status of unaccompanied non-U.S. national ( alien under federal law) children. The bill also rescinds certain funding for the agencies responsible for the report for each day that a report is late. Specifically, the Department of Health and Human Services (HHS), the Department of Homeland Security (DHS), and the Federal Bureau of Investigation must jointly report to Congress every 60 days on such children that have been in the custody of the Office of Refugee Resettlement (ORR) since January 1, 2021, and have been released to a parent, family member, or sponsor within the United States. This report must provide each child’s age, sex, location, and detail the child’s health and well-being. Additionally, the report must provide specified information about adults living in the child’s home, such as whether adults in the home have been subject to a fingerprint-based check of national crime information databases. The report must also specify the number of children that ORR has tried to contact without success on at least three separate attempts. The report must be provided for up to three years or until all of the specified children have been accounted for.  The bill also rescinds certain funding from HHS, DHS, and the FBI for each day that a report is late. Up to $10 million may be rescinded from each agency for each fiscal year. 

Fort Ontario Holocaust Refugee Shelter National Historical Park Establishment Act

United States · United States Congress · 7 September 2023

Fort Ontario National Monument Establishment Act This bill establishes the Fort Ontario National Monument in Oswego, New York, as a unit of the National Park System. The site shall preserve, protect, and interpret the history of (1) Indigenous people who once inhabited the land on which Fort Ontario is located, (2) Fort Ontario and its previous fortifications, and (3) refugees from World War II who were housed at Fort Ontario. 

Immigrants’ Mental Health Act of 2023

United States · United States Congress · 27 July 2023

Immigrants' Mental Health Act of 2023 This bill directs Customs and Border Protection (CBP) to take steps to address mental health issues among immigrants and CBP agents and officers. It also restricts the sharing of mental health information for use in certain immigration proceedings. CBP shall develop training to enable its agents and officers to (1) identify mental health issues and risk factors in immigrants and refugees, (2) provide crisis intervention using a trauma-informed approach, and (3) better manage work-related stress and psychological pressures. CBP shall assign at least one qualified mental or behavioral health expert to each Border Patrol station, port of entry, checkpoint, forward operating base, secondary inspection area, and short-term custody facility. The Department of Health and Human Services may not provide to the Department of Homeland Security information about the mental health of an non-U.S. national ( alien under federal law) that was obtained by a mental health professional while the individual was in federal government custody if the information will be used for (1) an asylum determination, (2) an immigration hearing, or (3) a deportation hearing.

National Office of New Americans Act

United States · United States Congress · 27 July 2023

National Office of New Americans Act This bill establishes the National Office of New Americans (NONA) within the Executive Office of the President to promote and support the integration of immigrants and refugees into the social, cultural, economic, and civic life of the United States. The NONA shall also establish the Federal Initiative on New Americans. The initiative shall establish a coordinated federal program to respond effectively to immigrant and refugee integration issues such as language learning, adult education and workforce training, health care, and naturalization.

Stop Human Trafficking of Unaccompanied Migrant Children Act of 2023

United States · United States Congress · 27 July 2023

Stop Human Trafficking of Unaccompanied Migrant Children Act of 2023 This bill imposes additional requirements relating to placing unaccompanied alien children with sponsors. (Under federal law, an unaccompanied alien child is a minor with no lawful immigration status and no parent or legal guardian in the United States to provide care and physical custody.) Before the Department of Health and Human Services (HHS) may release such a child to a sponsor, the sponsor must complete a fingerprint background check and vetting that includes (1) a public records check, (2) a National Sex Offender Registry check, (3) a Federal Bureau of Investigation National Criminal History Check, (4) a child abuse and neglect check, and (5) state and local criminal history checks. Each adult in the sponsor's household must also undergo such vetting before the placement. Currently, the Office of Refugee Resettlement (ORR) within HHS conducts background checks of potential sponsors, which includes fingerprinting and checks of criminal public records and sex offender registries. ORR also vets adults in the sponsor's household in certain cases, such as if the sponsor is unrelated to the child, but this vetting may be waived or relaxed. The bill also requires HHS to visit the home of a proposed sponsor before the placement and to conduct periodic home visits after. A child may not be placed with a sponsor who is unlawfully present in the United States unless the sponsor is the child's parent, relative, or legal guardian. HHS must retroactively apply these vetting standards to all sponsors for placements made since January 20, 2021.

Timely Departure Act

United States · United States Congress · 27 July 2023

Timely Departure Act This bill requires certain nonimmigrants to secure a visa with a bond. Under the bill, an applicant for a covered visa category must provide a bond (or cash payment) of at least $5,000 and no more than $15,000 according to rules to be established by the Department of Homeland Security (DHS). Covered visa categories include those for visitors for business or pleasure and exclude those for foreign government officials and crime victims. The bill also specifies that a nonimmigrant seeking asylum or withholding of removal while present in the United States must apply for asylum or withholding of removal by the expiration date on their visa to remain eligible for asylum or withholding of removal. The bill provides that a covered nonimmigrant who overstays the term of their visa forfeits the full bond, is subject to removal, and is ineligible for any lawful immigration status (including adjustment of status) for at least 4 years and up to 12 years. Forfeited amounts may be used solely for detention facilities for non-U.S. nationals ( aliens under federal law) and international transportation for non-U.S. nationals ordered removed from the United States. The bill specifies that DHS, in implementing this bill, may only issue rules regarding (1) the collection and retention of bonds and cash payments, (2) the notification of the Attorney General regarding a nonimmigrant's failure to timely depart, and (3) preventing the circumvention of the bond requirement.

A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by U.S. Citizenship and Immigration Services and the Executive Officer for Immigration Review relating to "Circumvention of Lawful Pathways".

United States · United States Congress · 27 July 2023

This joint resolution nullifies the final rule issued by U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review titled Circumvention of Lawful Pathways and published on May 16, 2023.  The final rule established a rebuttable presumption that a non-U.S. national ( alien under federal law) entering the United States from Mexico without valid entry documents is ineligible for asylum if that individual had traveled through another country to reach the United States but did not apply for asylum or similar protection in that other country.  

National Office of New Americans Act

United States · United States Congress · 27 July 2023

National Office of New Americans Act This bill establishes the National Office of New Americans (NONA) within the Executive Office of the President to promote and support the integration of immigrants and refugees into the social, cultural, economic, and civic life of the United States. The NONA shall also establish the Federal Initiative on New Americans. The initiative shall establish a coordinated federal program to respond effectively to immigrant and refugee integration issues such as language learning, adult education and workforce training, health care, and naturalization.

Strategic Lebanon Security Reporting Act

United States · United States Congress · 26 July 2023

Strategic Lebanon Security Reporting Act This bill requires the Department of State to provide Congress with a report addressing security in Lebanon. Specifically, the report must include details regarding the extent of Iranian and Syrian influence in Lebanon, the capability of the Lebanese Armed Forces, Lebanese Armed Forces' actions to prevent the forced return of refugees to Syria, Hezbollah's influence on governmental and financial institutions in Lebanon, and implementation activities related to U.N. Security Council Resolution 1701 and successor resolutions.

End Birthright Citizenship Fraud Act of 2023

United States · United States Congress · 25 July 2023

End Birthright Citizenship Fraud Act of 2023 This bill limits birthright citizenship to certain individuals, whereas currently, nearly all individuals born in the United States are U.S. citizens and U.S. nationals at birth. Under this bill, an individual born in the United States shall receive U.S. citizenship and U.S. nationality only if the individual is born to a parent who at the time of the birth is a (1) U.S. national, (2) refugee, (3) lawful permanent resident, or (4) non-U.S. national ( alien under federal law) who is performing active service in the Armed Forces. (All U.S. citizens are U.S. nationals, but some individuals, such as those born in an outlying U.S. possession, obtain U.S. nationality but not citizenship through birth, unless the individual is entitled to citizenship through some other means.)

Ensuring American Security and Protecting Afghan Allies Act

United States · United States Congress · 13 July 2023

Ensuring American Security and Protecting Afghan Allies Act This bill provides conditional permanent resident status to certain individuals who supported the U.S. mission in Afghanistan and addresses related issues. (A conditional permanent resident becomes a lawful permanent resident, also known as a green card holder, if the conditions are removed.) Generally, to be eligible for a conditional green card under this bill, an Afghan national must be (1) lawfully admitted into the United States on or before this bill's enactment, or (2) paroled into the United States between July 30, 2021, and this bill's enactment. The Department of Homeland Security (DHS) must remove the conditions if, by a certain date, DHS determines that the individual (1) is not inadmissible under any statutory grounds, and (2) does not pose a national security concern. DHS may waive certain grounds of inadmissibility for humanitarian purposes or family unity. The bill also designates certain Afghan nationals who supported the U.S. mission in Afghanistan as priority refugees of special humanitarian concern, including an individual who (1) served in certain branches of the Afghan armed forces, or (2) was a female member of certain entities in the Afghanistan National Defense and Security Forces. The Department of Defense must establish a process to review requests for such a designation. The bill also authorizes a special immigrant visa for an Afghan national who is the parent or sibling of a member or veteran of the U.S. Armed Forces. (Special immigrant visa holders qualify for a green card after meeting certain criteria.)