Asylum

Recognizing the historical significance and the heroic struggles and sacrifices of the Vietnamese people who fled their war-torn country by boat and other means in search of freedom and democracy.

United States · United States Congress · 30 June 2023

This resolution recognizes the hardships, sacrifice, and heroism of the Vietnamese refugees who fled their country by boat and other means 45 years ago, since April 30, 1975. It also applauds their accomplishments and significant contributions to the United States since their resettlement.

Nicaragua Political Prisoner Support Act

United States · United States Congress · 23 June 2023

Nicaragua Political Prisoner Support Act This bill provides various immigration-related benefits to certain Nicaraguan nationals who are in the United States as part of a political prisoner release. Specifically, such individuals shall be eligible to receive (1) certain benefits that are available to admitted refugees, such as resettlement assistance; (2) certain assistance available to refugee children; and (3) a driver's license or identification card. An eligible individual is a non-U.S. national ( alien under federal law) who (1) is a citizen or national of Nicaragua (or an individual with no nationality who had resided in Nicaragua), (2) arrived in the United States on February 9, 2023, as part of a political prisoner release, (3) received a two-year humanitarian parole from the U.S. government, and (4) has completed the relevant security and law enforcement background checks. The parent, spouse, or child of such an eligible individual shall also be eligible for benefits under this bill.

ASPIRE Act

United States · United States Congress · 22 June 2023

Assisting Seekers in Pursuit of Integration and Rapid Employment Act or the ASPIRE Act This bill addresses issues related to asylum applicants and migrants, including by directing the Department of Homeland Security (DHS) to provide employment authorization for eligible asylum applicants. Currently, asylum applicants are not entitled to employment authorization but may be granted such by the Department of Justice. Such employment authorization is valid until the applicant receives a final denial of the application, including any administrative and judicial review. The bill also shortens the waiting period for receiving employment authorization to 30 days from the filing of the asylum application. In addition, the bill authorizes U.S. Citizenship and Immigration Services to take actions to address the asylum backlog, including by hiring additional asylum officers. The bill also authorizes DHS to provide funding to state and local governments and nonprofit organizations for support services for migrants (e.g., food and shelter).

Nicaragua Political Prisoner Support Act

United States · United States Congress · 22 June 2023

Nicaragua Political Prisoner Support Act This bill provides various immigration-related benefits to certain Nicaraguan nationals who are in the United States as part of a political prisoner release. Specifically, such individuals shall be eligible to receive (1) certain benefits that are available to admitted refugees, such as resettlement assistance; (2) certain assistance available to refugee children; and (3) a driver's license or identification card. An eligible individual is a non-U.S. national ( alien under federal law) who (1) is a citizen or national of Nicaragua (or an individual with no nationality who had resided in Nicaragua), (2) arrived in the United States on February 9, 2023, as part of a political prisoner release, (3) received a two-year humanitarian parole from the U.S. government, and (4) has completed the relevant security and law enforcement background checks. The parent, spouse, or child of such an eligible individual shall also be eligible for benefits under this bill.

ASPIRE Act

United States · United States Congress · 22 June 2023

Assisting Seekers in Pursuit of Integration and Rapid Employment Act or the ASPIRE Act This bill addresses issues related to asylum applicants and migrants, including by directing the Department of Homeland Security (DHS) to provide employment authorization for eligible asylum applicants. Currently, asylum applicants are not entitled to employment authorization but may be granted such by the Department of Justice. Such employment authorization is valid until the applicant receives a final denial of the application, including any administrative and judicial review. The bill also shortens the waiting period for receiving employment authorization to 30 days from the filing of the asylum application. In addition, the bill authorizes U.S. Citizenship and Immigration Services to take actions to address the asylum backlog, including by hiring additional asylum officers. The bill also authorizes DHS to provide funding to state and local governments and nonprofit organizations for support services for migrants (e.g., food and shelter).

Calling on the President to sign H.R. 2 of the 118th Congress, the Secure the Border Act of 2023.

United States · United States Congress · 21 June 2023

This concurrent resolution calls on the President to sign the Secure the Border Act of 2023 if it passes the Senate. (The Secure the Border Act of 2023 makes various changes to immigration law, including by imposing limits on asylum eligibility and requiring employers to use an electronic system to verify the employment eligibility of new employees. At the time this concurrent resolution was introduced, that bill had passed the House of Representatives but not the Senate.)

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 2023

This resolution reaffirms the U.S. commitment to protect the safety, health, and well-being of refugees and asylum seekers. The resolution calls upon the Department of State, the Department of Homeland Security, and the U.S. Ambassador to the United Nations to partner with the international community to solve existing conflicts, prevent new conflicts from emerging, and tackle the root causes of involuntary migration.

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 2023

This resolution reaffirms the U.S. commitment to protect the safety, health, and well-being of refugees and asylum seekers. The resolution calls upon the Department of State, the Department of Homeland Security, and the U.S. Ambassador to the United Nations to partner with the international community to solve existing conflicts, prevent new conflicts from emerging, and tackle the root causes of involuntary migration.

Protecting UACs Through Enhanced Sponsor Vetting Act of 2023

United States · United States Congress · 15 June 2023

Protecting UACs Through Enhanced Sponsor Vetting Act of 2023 This bill requires the Office of Refugee Resettlement within the Department of Health and Human Services to take additional actions when placing an unaccompanied alien child in the custody of a sponsor. (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 placing such a child with a sponsor and again when a placement decision has been made, the office must notify the governments of the state and the locality in which the prospective or selected sponsor resides. When making determinations concerning the placement of such a child with a sponsor, the office must (1) consult the Federal Bureau of Investigation and appropriate state and local law enforcement, (2) ensure that the child is protected from designated transnational criminal organizations, (3) conduct a thorough background check of each prospective sponsor using the Next Generation Identification System, and (4) share with the Terrorist Screening Center any information establishing the child's or sponsor's affiliation with a designated transnational criminal organization.

Lady Liberty Act of 2023

United States · United States Congress · 15 June 2023

Lady Liberty Act of 2023 This bill sets a floor of 125,000 for the maximum number of refugees who may be admitted into the United States each fiscal year. Under current law, the President sets the annual cap on refugee admissions at the beginning of each fiscal year. (The cap for FY2023 was 125,000, but in some years it had been lower. For example, the cap for FY2021 was 15,000.)

NORTH KOREAN REFUGEES AND THE IMMINENT DANGER OF FORCED REPATRIATION FROM CHINA

United States · United States Congress · 13 June 2023

Uyghur Human Rights Protection Act

United States · United States Congress · 7 June 2023

Uyghur Human Rights Protection Act This bill designates certain residents of the Xinjiang region in China as prioritized refugees of special humanitarian concern and addresses other related issues. This priority designation shall apply to individuals (and the spouses, children, and parents of such individuals) who (1) reside in or fled Xinjiang and who suffered persecution on account of their peaceful political, religious, or cultural activities or associations, or have a well-founded fear of such persecution; or (2) have been formally charged, detained, or convicted for certain peaceful actions related to Xinjiang. Such an individual may not be denied admission into the United States based primarily on an arrest or other adverse government action due to that individual's participation in protests. The bill also waives certain immigration-related requirements for such individuals. Furthermore, a Chinese national seeking refugee status shall be considered to have been persecuted on account of political opinion if the Chinese government revoked that individual's residency in any region of China because the individual submitted a nonfrivolous application for a U.S. immigration benefit. Similarly, if the Chinese government revoked a Chinese national's citizenship, nationality, or residency because that individual filed for a U.S. immigration benefit, that revocation shall constitute a changed circumstance. (Among other things, a changed circumstance may allow an individual who has been rejected for asylum to apply again.)

Asylum Claims Improvement Act of 2023

United States · United States Congress · 7 June 2023

Asylum Claims Improvement Act of 2023 This bill prohibits the Department of Homeland Security (DHS) from taking into account the mental health of a non-U.S. national ( alien under federal law) when determining whether that individual qualifies as a refugee. (Generally, a refugee is an individual who is unable to return to their country because of persecution or a well-founded fear of persecution on account of certain characteristics, such as race or religion.) The bill also prohibits DHS from taking into account a non-U.S. national's mental health when determining whether that individual is protected by a provision that generally prohibits removing an individual to a country where that individual's life or freedom would be threatened.

Ukrainian Adjustment Act of 2023

United States · United States Congress · 7 June 2023

Ukrainian Adjustment Act of 2023 This bill provides a streamlined process for certain Ukrainian nationals (including accompanying spouse and children) who are living in the United States to receive lawful permanent resident status. Specifically, the bill permits Ukrainian nationals who have been paroled into the United States after February 20, 2014, to apply for and receive lawful permanent resident status. Additionally, the Department of Homeland Security (DHS) may waive grounds for inadmissibility (excluding certain crimes or security related grounds) for individuals who apply for status adjustment. DHS must establish vetting requirements (including an interview) for applicants that are equivalent to those under the United States Refugee Admissions Program. The bill also preserves eligibility for the status adjustment of certain battered spouses whose eligibility for such status stemmed from a marriage that has terminated. Finally, the bill requires DHS to issue guidance to implement these requirements and establishes a deadline for eligible individuals to apply for adjustment.

Asylum Accountability Act

United States · United States Congress · 22 May 2023

Asylum Accountability Act This bill permanently bars a non-U.S. national ( alien under federal law) from receiving certain immigration-related relief if that individual is ordered removed from the United States after failing to appear at a removal proceeding, unless that failure to appear is due to exceptional circumstances. (Currently, this bar from relief is for 10 years.) Under this bill, such an individual shall be permanently barred from receiving discretionary relief under specified immigration provisions, such as (1) cancellation of removal and adjustment to lawful permanent resident status, (2) being allowed to voluntarily depart from the United States, or (3) being allowed to change from one nonimmigrant classification to another.

USA Act of 2023

United States · United States Congress · 11 May 2023

Updated Standards for Asylum Act of 2023 or the USA Act of 2023 This bill modifies standards and requirements related to individuals seeking asylum. For an individual to establish a credible fear of persecution, the bill requires it to be more probable than not that the statements in support of the claim are true. The bill also imposes certain rules relating to credible fear interviews, including requirements for recordings and interpreters. For example, the Department of Homeland Security must establish procedures to ensure that individuals subject to expedited removal are questioned in a uniform manner and that the questions and answers are recorded in a uniform fashion. The bill also bars an individual from seeking asylum if that individual may be safely removed to a third country (i.e., not the individual's country of nationality), whereas currently this bar only applies if such removal is to a third country pursuant to an agreement with the United States. If an individual is granted asylum because of fear of persecution in a country, the individual shall be deemed to have renounced asylum status by returning to that country, if there has been no change in the country's conditions. 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.

To authorize the immediate expulsion of inadmissible aliens attempting to enter the United States by fraud or without a necessary entry document, and for other purposes.

United States · United States Congress · 11 May 2023

This bill requires the immediate expulsion of certain inadmissible non-U.S. nationals ( aliens under federal law) who arrive at or along the U.S.-Mexico border subject to certain limits. Specifically, during the two years starting from this bill's enactment, such a non-U.S. national must be immediately expelled without further hearing or review if the individual lacks proper documentation or committed fraud to gain admission. (Currently, such individuals are typically subject to expedited removal, which includes a chance to request asylum.) Such an individual must be expelled to Mexico unless Mexico's government is unwilling to accept the individual or expulsion to Mexico is contrary to U.S. national interest. In such a case, the individual shall be expelled to the country (1) where the individual is a citizen, subject, or national; (2) where the individual was born or has a residence; or (3) that will accept the individual. An individual may not be expelled to a country where (1) the individual's life or freedom would be threatened due to certain characteristics, such as race or religion; or (2) there are substantial grounds for believing the individual would be subject to torture. However, this protection shall not apply to an individual convicted of a particularly serious crime or involved with terrorist activities. An individual who claims that they be subject to such dangers in a country must meet the burden of proof similar to the burden faced by an asylum seeker in a credible fear determination.

U.S. Citizenship Act

United States · United States Congress · 10 May 2023

U.S. Citizenship Act This bill establishes a path to citizenship for certain undocumented individuals. The bill also replaces the term alien with noncitizen in the immigration statutes and addresses other related issues. Specifically, the bill establishes a new status of lawful prospective immigrant . This status shall be available to an applying noncitizen who meets certain requirements, including being continually present in the United States from January 1, 2023, and passing background checks. After at least five years with this status, an eligible noncitizen may apply for and receive lawful permanent resident status. The bill also provides permanent resident status to certain applying noncitizens, specifically for eligible noncitizens who (1) entered the United States as a minor, (2) were eligible for temporary protected status or deferred enforced departure on January 1, 2017, or (3) worked a certain amount of agricultural labor in the five years before applying. Among other things, the bill also redefines for immigration purposes the term conviction to exclude convictions that have been expunged or vacated, requires the Department of State to implement a strategy to advance reforms in Central America and address key factors contributing to migration from the region to the United States, requires the State Department to establish refugee processing centers in Central America, requires U.S. Customs and Border Protection sectors and stations to have a certain number of employees with certain qualifications such as paramedic training, generally prohibits religious discrimination in granting or denying immigration benefits, and establishes grant programs for providing training and services to immigrants.

Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act

United States · United States Congress · 10 May 2023

Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act This bill suspends the admission of certain individuals into the United States. Specifically, this bill suspends the admission of any person who (1) is attempting to unlawfully enter the United States from Canada or Mexico, (2) does not possess the required travel documents, and (3) is being held at a point of entry or a Border Patrol station to facilitate immigration processing. (Under current law, individuals who arrive without the required travel documents have the opportunity to seek asylum, with some exceptions.)

Recognizing the ongoing Nakba and Palestine refugees rights.

United States · United States Congress · 10 May 2023

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 denounce threats and condemn certain actions by Israel against the Palestinian people.

Training and Nutrition Stability

United States · United States Congress · 5 May 2023

Training and Nutrition Stability Act 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.

A bill to authorize the immediate expulsion of inadmissible aliens attempting to enter the United States by fraud or without a necessary entry document, and for other purposes.

United States · United States Congress · 4 May 2023

This bill requires the immediate expulsion of certain inadmissible non-U.S. nationals (aliens under federal law) who arrive at or along the U.S.-Mexico border subject to certain limits. Specifically, during the two years starting from this bill's enactment, such a non-U.S. national must be immediately expelled without further hearing or review if the individual lacks proper documentation or committed fraud to gain admission. (Currently, such individuals are typically subject to expedited removal, which includes a chance to request asylum.) Such an individual must be expelled to Mexico unless Mexico's government is unwilling to accept the individual or expulsion to Mexico is contrary to U.S. national interest. In such a case, the individual shall be expelled to the country (1) where the individual is a citizen, subject, or national; (2) where the individual was born or has a residence; or (3) that will accept the individual. An individual may not be expelled to a country where (1) the individual's life or freedom would be threatened due to certain characteristics, such as race or religion; or (2) there are substantial grounds for believing the individual would be subject to torture. However, this protection shall not apply to an individual convicted of a particularly serious crime or involved with terrorist activities. An individual who claims that they be subject to such dangers in a country must meet the burden of proof similar to the burden faced by an asylum seeker in a credible fear determination.

Stop Human Trafficking of Unaccompanied Migrant Children Act of 2023

United States · United States Congress · 4 May 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.

Citizenship for Essential Workers Act

United States · United States Congress · 2 May 2023

Citizenship for Essential Workers Act This bill establishes a mechanism for eligible non-U.S. nationals ( aliens under federal law) who worked as essential workers during the declared COVID-19 public health emergency to apply for and obtain lawful permanent resident status (sometimes referred to as a green card). The bill also narrows certain grounds for deportability and inadmissibility. To be eligible for a green card under this bill, an individual must have earned income at any point during the COVID-19 emergency period doing work deemed essential by the Department of Homeland Security (DHS) or a state or local government. An individual may also be eligible if that individual is a parent, spouse, or child of (1) an eligible individual who died from COVID-19, or (2) a member of the Armed Forces. Certain individuals shall be ineligible, such as an individual who was a refugee on January 1, 2023. To obtain a green card under this bill, an applying individual must satisfy additional requirements, including by passing a background check. Furthermore, the bill repeals provisions providing for three-year bars and permanent bars to admission into the United States. (Generally, these bars apply to individuals who were previously removed or unlawfully present.) The bill also narrows the scope of certain crime-based grounds for inadmissibility or deportability, such as by redefining the term conviction to exclude expunged convictions. The Department of Justice or DHS may waive certain grounds of inadmissibility or deportability (1) for humanitarian purposes, (2) to ensure family unity, or (3) for the public interest.

Secure the Border Act of 2023

United States · United States Congress · 2 May 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.

Citizenship for Essential Workers Act

United States · United States Congress · 1 May 2023

Citizenship for Essential Workers Act This bill establishes a mechanism for eligible non-U.S. nationals ( aliens under federal law) who worked as essential workers during the declared COVID-19 public health emergency to apply for and obtain lawful permanent resident status (sometimes referred to as a green card). The bill also narrows certain grounds for deportability and inadmissibility. To be eligible for a green card under this bill, an individual must have earned income at any point during the COVID-19 emergency period doing work deemed essential by the Department of Homeland Security (DHS) or a state or local government. An individual may also be eligible if that individual is a parent, spouse, or child of (1) an eligible individual who died from COVID-19, or (2) a member of the Armed Forces. Certain individuals shall be ineligible, such as an individual who was a refugee on January 1, 2023. To obtain a green card under this bill, an applying individual must satisfy additional requirements, including by passing a background check. Furthermore, the bill repeals provisions providing for three-year bars and permanent bars to admission into the United States. (Generally, these bars apply to individuals who were previously removed or unlawfully present.) The bill also narrows the scope of certain crime-based grounds for inadmissibility or deportability, such as by redefining the term conviction to exclude expunged convictions. The Department of Justice or DHS may waive certain grounds of inadmissibility or deportability (1) for humanitarian purposes, (2) to ensure family unity, or (3) for the public interest.

Safe Zones Act of 2023

United States · United States Congress · 27 April 2023

Safe Zones Act of 2023 This bill makes changes to procedures relating to seeking asylum, including by establishing facilities outside of the United States to accept and process refugee applications to the United States. Specifically, the Department of State must establish safe zones that accept applications for asylum from individuals who are nationals of (1) the country where that safe zone is located, or (2) a country next to the country where the safe zone is located. The State Department must establish at least three safe zones along the U.S.-Mexico border and one safe zone in Guatemala. For each safe zone, the State Department must (1) ensure that it is fortified from danger; (2) provide temporary housing for individuals with pending applications; (3) provide adequate meals; and (4) provide access to various services, including medical services. The bill also imposes various requirements related to safe zones, including deadlines for processing applications. The bill expands the definition of asylum officer (i.e., officers who conduct initial credible fear reviews to determine whether an asylum seeker's application may proceed) to include trained and qualified staff as determined by the Department of Homeland Security (DHS). (In 2020, a federal court ruled that DHS may not use U.S. Customs and Border Protection agents to conduct such interviews.) The bill also requires the hiring of additional border patrol agents and immigration judges.

Securing our Border Act

United States · United States Congress · 26 April 2023

Securing our Border Act This bill addresses issues concerning border security and immigration, including by transferring funds from the Internal Revenue Service to certain border-related projects. Specifically, the bill transfers certain funds previously appropriated for tax enforcement activities (e.g., collecting owed taxes and conducting criminal investigations) to fund (1) nonintrusive inspection systems along the northern border and southwest border of the United States, and (2) the construction of a border wall system along the southwest border. The bill also authorizes the U.S. Customs and Border Protection to pay recruitment, retention, and relocation bonuses, subject to various requirements and limitations. For example, a relocation bonus may not exceed 15% of the agent's annual basic bay and must be conditioned on the agent agreeing to serve for at least three years at the new duty station. The bill also modifies the treatment of non-U.S. nationals ( aliens under federal law) arriving by land from a country next to the United States. Specifically, if such an individual is not clearly entitled to admission into the United States, the Department of Justice must (1) return the individual to that neighboring country or a safe third country while removal proceedings are pending, or (2) detain the individual while the individual's asylum application is under consideration. (Current law authorizes DOJ to return the individual to the neighboring country but does not require such action or detention.)

Dignity for Detained Immigrants Act

United States · United States Congress · 20 April 2023

Dignity for Detained Immigrants Act of 2023 This bill directs the Department of Homeland Security (DHS) to establish standards for facilities holding non-U.S. nationals ( aliens under federal law) in its custody, phases out using non-DHS facilities for such purposes, and addresses related issues. The standards must comply with the American Bar Association's Civil Immigration Detention Standards. The DHS Office of Inspector General (OIG) must conduct periodic unannounced inspections of each facility and take various actions against noncompliant facilities, including imposing fines, cancelling contracts, and closing facilities. DHS must report to Congress any death of an individual in its custody within 24 hours and conduct an investigation within 30 days that identifies policy changes that could reduce the likelihood of such a death. DHS may not contract with third parties to operate detention facilities or alternatives to detention programs and must terminate existing contracts within three years of the bill's enactment. The bill establishes that OIG facility inspection reports and contracts for an outside entity to operate a detention facility are records available to the public under the Freedom of Information Act. DHS must maintain certain information relating to immigration-related detention, including the detained individual's location and whether the individual was separated from family. The bill provides for various requirements and procedures related to immigration-related detention, including (1) prohibiting DHS from detaining children, (2) imposing a presumption that a detained individual should be released, and (3) establishing that individuals in custody shall be subject to the least restrictive conditions. The bill also abolishes mandatory detention for asylum seekers.

Dignity for Detained Immigrants Act of 2023

United States · United States Congress · 19 April 2023

Dignity for Detained Immigrants Act of 2023 This bill directs the Department of Homeland Security (DHS) to establish standards for facilities holding non-U.S. nationals ( aliens under federal law) in its custody, phases out using non-DHS facilities for such purposes, and addresses related issues. The standards must comply with the American Bar Association's Civil Immigration Detention Standards. The DHS Office of Inspector General (OIG) must conduct periodic unannounced inspections of each facility and take various actions against noncompliant facilities, including imposing fines, cancelling contracts, and closing facilities. DHS must report to Congress any death of an individual in its custody within 24 hours and conduct an investigation within 30 days that identifies policy changes that could reduce the likelihood of such a death. DHS may not contract with third parties to operate detention facilities or alternatives to detention programs and must terminate existing contracts within three years of the bill's enactment. The bill establishes that OIG facility inspection reports and contracts for an outside entity to operate a detention facility are records available to the public under the Freedom of Information Act. DHS must maintain certain information relating to immigration-related detention, including the detained individual's location and whether the individual was separated from family. The bill provides for various requirements and procedures related to immigration-related detention, including (1) prohibiting DHS from detaining children, (2) imposing a presumption that a detained individual should be released, and (3) establishing that individuals in custody shall be subject to the least restrictive conditions. The bill also abolishes mandatory detention for asylum seekers.

OVERSIGHT OF THE OFFICE OF REFUGEE RESETTLEMENT'S UNACCOMPANIED ALIEN CHILDREN PROGRAM

United States · United States House of Representatives · 18 April 2023

US Rescue and Aid Individuals of World War II Congressional Gold Medal Act of 2023

United States · United States Congress · 18 April 2023

US Rescue and Aid Individuals of World War II Congressional Gold Medal Act of 2023 This bill provides for the award of a single Congressional Gold Medal to the Americans who were active in aiding and rescuing Jews and other refugees during the period of Nazi Germany's genocidal Final Solution policy to murder every Jew in Europe. The medal recognizes the contributions of these Americans, which resulted in tens of thousands of Jews and others being spared from almost certain death.

Border Security and Enforcement Act of 2023

United States · United States Congress · 17 April 2023

Border Security and Enforcement Act of 2023 This bill addresses issues regarding immigration and border security, including by imposing limits to asylum eligibility. For example, the bill limits asylum eligibility to non-U.S. nationals ( aliens under federal law) who arrive in the United States at a port of entry; allows for 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; requires a fee of at least $50 for each asylum application, except for certain applications involving an unaccompanied alien child; authorizes the Department of Homeland Security (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.

Terrorist Organization Classification Act of 2023

United States · United States Congress · 17 April 2023

Terrorist Organization Classification Act of 2023 This bill directs the Department of State to designate five specified drug cartels as foreign terrorist organizations. (Among other things, such a designation allows the Department of the Treasury to require financial institutions to block transactions involving the organization.) The five specified cartels in the bill are MS-13, Queen Nation, Sinaloa, Cartel Jalisco Nueva Generacion, and Beltran Leyva Organization. The bill also requires the State Department to submit a detailed report on those five cartels and any other cartels it may identify. Based on this report, the State Department must designate as a foreign terrorist organization any such identified cartel (or faction thereof) that meets certain criteria for designation as a foreign terrorist organization. The bill specifies that it may not be construed to expand eligibility for asylum.

Migrant Processing and Protection Act of 2023

United States · United States Congress · 30 March 2023

Migrant Processing and Protection Act of 2023 This bill expands the category of non-U.S. nationals ( aliens under federal law) who are subject to expedited removal (i.e., removal without further hearing or review) and addresses related issues. Specifically, this bill 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 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.

To provide for a limitation on availability of funds for Department of Health and Human Services, The Administration for Children and Families, Refugee and Entrant Assistance for fiscal year 2024.

United States · United States Congress · 29 March 2023

This bill limits FY2024 funding for the Administration for Children and Families for refugee and entrant assistance.

To provide for a limitation on availability of funds for Bilaterial Economic Assistance, Department of State, US Emergency Refugee and Migration Assistance Fund for fiscal year 2024.

United States · United States Congress · 29 March 2023

This bill limits FY2024 funding for the Bilateral Economic Assistance, U.S. Emergency Refugee and Migration Assistance Fund account.

To provide for a limitation on availability of funds for Bilaterial Economic Assistance, Department of State, Migration and Refugee Assistance for fiscal year 2024.

United States · United States Congress · 29 March 2023

This bill limits FY2024 funding for the Bilateral Economic Assistance, Migration and Refugee Assistance account.

New Way Forward Act

United States · United States Congress · 29 March 2023

New Way Forward Act This bill makes changes to immigration enforcement, including ending mandatory detention in certain cases. The Department of Homeland Security (DHS) may not enter into or extend any contract with any for-profit entity to own or operate a detention facility. The bill provides for various protections related to detaining non-U.S. nationals ( aliens under federal law), such as (1) requiring DHS to make an initial custody determination and establish probable cause within 48 hours of taking an individual into custody, (2) establishing in hearings related to such determinations a presumption that the individual be released, and (3) requiring immigration judges to impose the least restrictive detention conditions necessary. A DHS officer may not interrogate an individual as to immigration status based on factors such as the individual's race, religion, or spoken language. The bill removes mandatory detention requirements for certain individuals, such as asylum seekers with a credible fear of persecution. Certain individuals who were previously admitted into the United States may be removed only if removal proceedings commenced within five years of the individual becoming deportable or inadmissible. The bill also removes certain crime-related grounds of inadmissibility and deportability. The bill gives immigration judges discretion to provide relief from removal if the removal is not based on certain crime-related grounds. State or local officers are prohibited from performing certain immigration enforcement functions. The National Crime Information Center database may not contain an individual's immigration information. The bill repeals criminal penalties for improper entry or reentry into the United States.

AUDIT Act

United States · United States Congress · 24 March 2023

Assessing Unintended Drivers of Illegal Trafficking Act or the AUDIT Act This bill prohibits certain federal agencies from giving grants to implementing partners that provide abortion services to asylum seekers. The bill also requires these agencies to submit quarterly reports to Congress on grants that the agencies have provided for migrant services programs in Central and South America. The reporting requirements and grant prohibitions apply to (1) the U.S. Agency for International Development; (2) the Department of State's Bureau of Population, Refugees, and Migration; and (3) the State Department's Bureau of Democracy, Human Rights, and Labor. These federal agencies may not give grants to any implementing partners that (1) perform abortions, (2) provide health services that include referrals for abortions, or (3) provide assistance or funding in any manner for obtaining abortions. Among other required elements, the quarterly reports for specified migrant services grants shall explain why each implementing partner was chosen, the amount of money the partner received, the availability of asylum claims processing in countries where those partners operate, and the number of asylum claims processed in those countries.

LIVING UP TO AMERICA'S PROMISE: THE NEED TO BOLSTER THE U.S. REFUGEE ADMISSIONS PROGRAM

United States · United States Senate · 22 March 2023

ORDER Act

United States · United States Congress · 22 March 2023

Regional Immigration Diplomacy and Enforcement Act or the RIDE Act This bill requires the Department of State to seek to negotiate agreements with Western Hemisphere countries concerning issues related to immigration enforcement and refugee processing. The bill also requires a State Department study on certain issues related to border security. Such agreements must contain certain provisions. For example, the government of Mexico must (1) accept the rapid entrance into Mexico of non-Mexican nationals seeking asylum; (2) process the asylum claims of such individuals inside Mexico in accordance with domestic law and international treaties; (3) accept the continued presence in Mexico of such individuals who have pending applications for asylum in the United States, if the individual is ineligible for asylum in Mexico; and (4) provide appropriate humanitarian protections. Such agreements must also require the governments of Honduras, El Salvador, and Guatemala to accept the entrance of nationals of other countries seeking asylum and process such claims in accordance with domestic law and international treaties. The State Department must also report to Congress an assessment of the feasibility of opening a U.S. International Law Enforcement Center in southern Mexico to assist U.S. efforts to combat transnational organized crime and illegal immigration.

New Deal for New Americans Act of 2023

United States · United States Congress · 21 March 2023

New Deal for New Americans Act of 2023 This bill provides assistance to immigrants, including refugees, and addresses issues related to naturalization. The bill establishes the National Office of New Americans to (1) welcome and support immigrants, (2) promote and support immigrant integration, and (3) promote the pursuit of U.S. citizenship among immigrants. The bill also establishes grant programs for eligible entities that provide (1) legal services for immigrants, (2) English language education that focuses on integrating students into society, and (3) workforce development training that supports the economic integration of immigrants. The bill also reauthorizes the Citizenship and Integration Grant Program within U.S. Citizenship and Immigration Services (USCIS). USCIS shall establish a nonprofit entity to spur innovation in expanding citizenship preparation programs and to support assistance for immigrants seeking lawful permanent resident status or citizenship. The bill also requires the Department of Homeland Security to (1) report to Congress before increasing fees for immigration adjudication and naturalization services above the levels of such fees on January 1, 2019, and (2) waive or reduce certain immigration-related fees for low-income individuals. The bill also (1) waives the English proficiency requirement for the naturalization of certain lawful permanent residents, (2) repeals the public charge ground for deportation, (3) requires states to provide for automatic voter registration to qualifying new citizens unless that individual declines, and (4) sets a floor of 125,000 to the maximum number of refugees who may be admitted into the United States each year.

New Deal for New Americans Act of 2023

United States · United States Congress · 17 March 2023

New Deal for New Americans Act of 2023 This bill provides assistance to immigrants, including refugees, and addresses issues related to naturalization. The bill establishes the National Office of New Americans to (1) welcome and support immigrants, (2) promote and support immigrant integration, and (3) promote the pursuit of U.S. citizenship among immigrants. The bill also establishes grant programs for eligible entities that provide (1) legal services for immigrants, (2) English language education that focuses on integrating students into society, and (3) workforce development training that supports the economic integration of immigrants. The bill also reauthorizes the Citizenship and Integration Grant Program within U.S. Citizenship and Immigration Services (USCIS). USCIS shall establish a nonprofit entity to spur innovation in expanding citizenship preparation programs and to support assistance for immigrants seeking lawful permanent resident status or citizenship. The bill also requires the Department of Homeland Security to (1) report to Congress before increasing fees for immigration adjudication and naturalization services above the levels of such fees on January 1, 2019, and (2) waive or reduce certain immigration-related fees for low-income individuals. The bill also (1) waives the English proficiency requirement for the naturalization of certain lawful permanent residents, (2) repeals the public charge ground for deportation, (3) requires states to provide for automatic voter registration to qualifying new citizens unless that individual declines, and (4) sets a floor of 125,000 to the maximum number of refugees who may be admitted into the United States each year.

Fairness for Immigrant Families Act

United States · United States Congress · 15 March 2023

Fairness for Immigrant Families Act This bill modifies provisions barring certain non-U.S. nationals ( aliens under federal law) from admission and addresses other immigration-related issues. The bill repeals various admissions bars against aliens who were unlawfully present in the United States for certain amounts of time. The bill also modifies a provision that generally makes inadmissible aliens who had been ordered removed and who attempt to reenter the United States without being admitted. Specifically, the bill exempts from that provision (1) individuals less than 21 years old, (2) asylum seekers, (3) individuals who received a stay of removal under a family unity program, (4) victims of severe trafficking, and (5) certain individuals who entered the United States as children. An alien who entered the United States without inspection may apply for lawful permanent residence during the five-year period starting from this bill's enactment if the alien is the beneficiary of a family-based petition or labor certification. The bill also prohibits removing an alien with certain pending immigration-related applications if the application is not obviously deficient. Before removing a parent or legal guardian of an individual who is less than 21 years old and a U.S. citizen or permanent resident, the Director of U.S. Immigration and Customs Enforcement must review and approve the removal. Furthermore, the bill makes it a crime to fraudulently provide immigration services. The Department of Justice must make grants to help enforce such laws and assist victims. The bill establishes the National Office of New Americans to help integrate immigrants and refugees.

Drug Cartel Terrorist Designation Act

United States · United States Congress · 10 March 2023

Drug Cartel Terrorist Designation Act This bill directs the Department of State to designate four specified drug cartels as foreign terrorist organizations. (Among other things, such a designation allows the Department of the Treasury to require financial institutions to block transactions involving the organization.) The four specified cartels in the bill are the Gulf Cartel, the Cartel Del Noreste, the Cartel de Sinaloa, and the Cartel de Jalisco Nueva Generacion. The bill also requires the State Department to submit a detailed report on those four cartels and any other cartels it may identify. Based on this report, the State Department must designate as a foreign terrorist organization any such identified cartel (or faction thereof) that meets certain criteria for designation as a foreign terrorist organization. The bill specifies that it may not be construed to expand eligibility for asylum.

Border Safety and Security Act of 2023

United States · United States Congress · 8 March 2023

Border Safety and Security Act of 2023 This bill requires the Department of Homeland Security (DHS) to suspend the entry of certain non-U.S. nationals ( aliens under federal law) during any period when DHS cannot detain such an individual or return the individual to a foreign country contiguous to the United States. Specifically, DHS must suspend the entry of non-U.S. nationals who (1) are unlawfully present, (2) arrive in the United States at a time or place other than as designated by DHS, or (3) do not possess valid entry documents. A state may sue DHS to enforce this requirement. The bill also authorizes DHS to suspend the entry of such non-U.S. nationals if DHS determines that such a suspension is necessary to achieve operational control over such a border. (Under current law, such non-U.S. nationals who arrive at the border are generally subject to expedited removal. However, if such an individual is found to have a credible fear of persecution, they are typically subject to detention while their asylum claim is being considered.)

Solving the Border Crisis Act

United States · United States Congress · 8 March 2023

Solving the Border Crisis Act This bill addresses immigration and border security issues, including by restarting construction of a border wall. The Department of Homeland Security (DHS) must resume all activities related to the construction of a border wall system along the U.S.-Mexico border that were planned or underway prior to January 20, 2021. Furthermore, this bill imposes limits on terminating the entry suspension policy known as Title 42. (Generally, Title 42 authorizes DHS to suspend the entry of certain non-U.S. nationals or imports on public health grounds. During the COVID-19 public health emergency, DHS used Title 42 to expel certain undocumented migrants without an opportunity to seek asylum.) Under this bill, the COVID-19 Title 42 policy may not be terminated until at least 120 days after the Surgeon General notifies Congress that the COVID-19 emergency declaration has been terminated. The bill also nullifies an interim final rule that authorizes asylum officers to determine whether non-U.S. nationals encountered at the border have a credible fear of persecution for asylum purposes. Furthermore, for an individual arriving by land from a neighboring country and not clearly admissible into the United States, DHS may send that individual to a safe third country. DHS must ensure certain staffing levels for various agencies involved with immigration enforcement, including the U.S. Border Patrol. The bill also (1) authorizes DHS to use certain mandatory fees for expenses related to detaining non-U.S. nationals, and (2) requires DHS to ensure that there is enough detention capacity to comply with mandatory detention requirements.

Stopping Border Surges Act

United States · United States Congress · 7 March 2023

Stopping Border Surges Act This bill modifies immigration law provisions relating to unaccompanied alien minors and to asylum seekers. For certain unaccompanied inadmissible alien children, generally those not at risk of being trafficking victims nor having a fear of persecution, the Department of Homeland Security (DHS) shall repatriate the child. 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 must provide DHS with certain information about that individual. DHS must investigate the individual's immigration status and if the individual is not lawfully present in the United States, DHS must initiate removal proceedings against the individual. 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.

Asylum Seeker Work Authorization Act of 2023

United States · United States Congress · 1 March 2023

Asylum Seeker Work Authorization Act of 2023 This bill directs the Department of Homeland Security to provide employment authorization for eligible asylum applicants. Currently, such individuals are not entitled to employment authorization but may be granted such by the Department of Justice. Such employment authorization is valid until the date on which an applicant is issued a final denial of the application, including administrative and judicial review. The bill also shortens the waiting period for receiving employment authorization to 30 days from the filing of the asylum application.