Fix the Immigration Loopholes 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 HHS 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 amends the definition of "credible fear of persecution" to require that such fear can be established by statements that are more probable than not. The bill also imposes certain rules relating to credible fear interviews, including requirements for recordings and interpreters.
If an alien is granted asylum because of fear of persecution in a country, the alien is deemed to have renounced asylum status by returning to that country, if there has been no change in the country's conditions. DHS may waive such renunciation if there was a compelling reason for the return.
The bill expands the definition of a frivolous asylum application to include an application so insufficient in substance that it is clear that it was filed to delay removal or seek 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.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 586 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 586
To close loopholes in the immigration laws that serve as incentives to
aliens to attempt to enter the United States unlawfully, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2019
Mr. Collins of Georgia (for himself and Mr. Johnson of Louisiana)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Foreign Affairs, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To close loopholes in the immigration laws that serve as incentives to
aliens to attempt to enter the United States unlawfully, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fix the
Immigration Loopholes Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--UNACCOMPANIED ALIEN CHILDREN
Sec. 101. Repatriation of unaccompanied alien children.
Sec. 102. Clarification of standards for family detention.
Sec. 103. Special immigrant juvenile status for immigrants unable to
reunite with either parent.
TITLE II--ASYLUM REFORM
Sec. 201. Credible fear interviews.
Sec. 202. Jurisdiction of asylum applications.
Sec. 203. Recording expedited removal and credible fear interviews.
Sec. 204. Safe third country.
Sec. 205. Renunciation of asylum status pursuant to return to home
country.
Sec. 206. Notice concerning frivolous asylum applications.
Sec. 207. Anti-fraud investigative work product.
Sec. 208. Penalties for asylum fraud.
Sec. 209. Statute of limitations for asylum fraud.
Sec. 210. Technical amendments.
TITLE I--UNACCOMPANIED ALIEN CHILDREN
SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending the heading to read as
follows: ``Rules for unaccompanied alien
children.--'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``who is a national or
habitual resident of a country that is
contiguous with the United States'';
(II) in clause (i), by inserting
``and'' at the end;
(III) in clause (ii), by striking
``; and'' and inserting a period; and
(IV) by striking clause (iii);
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``(8 U.S.C. 1101 et
seq.) may--'' and inserting ``(8 U.S.C.
1101 et seq.)--'';
(II) in clause (i), by inserting
before ``permit such child to
withdraw'' the following: ``may''; and
(III) in clause (ii), by inserting
before ``return such child'' the
following: ``shall''; and
(iv) in subparagraph (C)--
(I) by amending the heading to read
as follows: ``Agreements with foreign
countries.--''; and
(II) in the matter preceding clause
(i), by striking ``The Secretary of
State shall negotiate agreements
between the United States and countries
contiguous to the United States'' and
inserting ``The Secretary of State may
negotiate agreements between the United
States and any foreign country that the
Secretary determines appropriate'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively, and inserting
after paragraph (2) the following:
``(3) Special rules for interviewing unaccompanied alien
children.--An unaccompanied alien child shall be interviewed by
a dedicated U.S. Citizenship and Immigration Services
immigration officer with specialized training in interviewing
child trafficking victims. Such officer shall be in plain
clothes and shall not carry a weapon. The interview shall occur
in a private room.''; and
(C) in paragraph (6)(D) (as so redesignated)--
(i) in the matter preceding clause (i), by
striking ``, except for an unaccompanied alien
child from a contiguous country subject to
exceptions under subsection (a)(2),'' and
inserting ``who does not meet the criteria
listed in paragraph (2)(A)''; and
(ii) in clause (i), by inserting before the
semicolon at the end the following: ``, which
shall include a hearing before an immigration
judge not later than 14 days after being
screened under paragraph (4)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
before the semicolon the following: ``believed
not to meet the criteria listed in subsection
(a)(2)(A)''; and
(ii) in subparagraph (B), by inserting
before the period the following: ``and does not
meet the criteria listed in subsection
(a)(2)(A)''; and
(B) in paragraph (3), by striking ``an
unaccompanied alien child in custody shall'' and all
that follows, and inserting the following: ``an
unaccompanied alien child in custody--
``(A) in the case of a child who does not meet the
criteria listed in subsection (a)(2)(A), shall transfer
the custody of such child to the Secretary of Health
and Human Services not later than 30 days after
determining that such child is an unaccompanied alien
child who does not meet such criteria; or
``(B) in the case of child who meets the criteria
listed in subsection (a)(2)(A), may transfer the
custody of such child to the Secretary of Health and
Human Services after determining that such child is an
unaccompanied alien child who meets such criteria.'';
and
(3) in subsection (c)--
(A) in paragraph (3), by inserting at the end the
following:
``(D) Information about individuals with whom
children are placed.--
``(i) Information to be provided to
homeland security.--Before placing a child with
an individual, the Secretary of Health and
Human Services shall provide to the Secretary
of Homeland Security, regarding the individual
with whom the child will be placed, the
following information:
``(I) The name of the individual.
``(II) The social security number
of the individual, if available.
``(III) The date of birth of the
individual.
``(IV) The location of the
individual's residence where the child
will be placed.
``(V) The immigration status of the
individual, if known.
``(VI) Contact information for the
individual.
``(ii) Special rule.--In the case of a
child who was apprehended on or after the
effective date of this clause, and before the
date of the enactment of this subparagraph, who
the Secretary of Health and Human Services
placed with an individual, the Secretary shall
provide the information listed in clause (i) to
the Secretary of Homeland Security not later
than 90 days after such date of enactment.'';
and
(B) in paragraph (5)--
(i) by inserting after ``to the greatest
extent practicable'' the following: ``(at no
expense to the Government)''; and
(ii) by striking ``have counsel to
represent them'' and inserting ``have access to
counsel to represent them''.
(b) Effective Date.--The amendments made by this section shall
apply to any unaccompanied alien child apprehended on or after the date
of enactment.
SEC. 102. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended by adding at the end the following:
``(j) Construction.--
``(1) In general.--Notwithstanding any other provision of
law, judicial determination, consent decree, or settlement
agreement, the detention of any alien child who is not an
unaccompanied alien child shall be governed by sections 217,
235, 236, and 241 of the Immigration and Nationality Act (8
U.S.C. 1187, 1225, 1226, and 1231). There exists no presumption
that an alien child who is not an unaccompanied alien child
should not be detained, and all such determinations shall be in
the discretion of the Secretary of Homeland Security.
``(2) Release of minors other than unaccompanied aliens.--
In no circumstances shall an alien minor who is not an
unaccompanied alien child be released by the Secretary of
Homeland Security other than to a parent or legal guardian.
``(3) Family detention.--The Secretary of Homeland Security
shall--
``(A) maintain the care and custody of an alien,
during the period during which the charges described in
clause (i) are pending, who--
``(i) is charged only with a misdemeanor
offense under section 275(a) of the Immigration
and Nationality Act (8 U.S.C. 1325(a)); and
``(ii) entered the United States with the
alien's child who has not attained 18 years of
age; and
``(B) detain the alien with the alien's child.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
all actions that occur before, on, or after the date of the enactment
of this Act.
(c) Preemption of State Licensing Requirements.--Notwithstanding
any other provision of law, judicial determination, consent decree, or
settlement agreement, no State may require that an immigration
detention facility used to detain children who have not attained 18
years of age, or families consisting of one or more of such children
and the parents or legal guardians of such children, that is located in
that State, be licensed by the State or any political subdivision
thereof.
SEC. 103. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO
REUNITE WITH EITHER PARENT.
Section 101(a)(27)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)) is amended--
(1) in clause (i), by striking ``, and whose reunification
with 1 or both of the immigrant's parents is not viable due to
abuse, neglect, abandonment, or a similar basis found under
State law''; and
(2) in clause (iii)--
(A) by striking ``and'' at the end of subclause
(I);
(B) by inserting ``and'' at the end of subclause
(II); and
(C) by adding at the end the following:
``(III) an alien may not be granted
special immigrant juvenile status under
this subparagraph if his or her
reunification with any one parent or
legal guardian is not precluded by
abuse, neglect, abandonment, or any
similar cause under State law;''.
TITLE II--ASYLUM REFORM
SEC. 201. CREDIBLE FEAR INTERVIEWS.
Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``claim'' and all that
follows, and inserting ``claim, as determined pursuant to section
208(b)(1)(B)(iii), and such other facts as are known to the officer,
that the alien could establish eligibility for asylum under section
208, and it is more probable than not that the statements made by, and
on behalf of, the alien in support of the alien's claim are true.''.
SEC. 202. JURISDICTION OF ASYLUM APPLICATIONS.
Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1158) is amended by striking subparagraph (C).
SEC. 203. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.
(a) In General.--The Secretary of Homeland Security shall establish
quality assurance procedures and take steps to effectively ensure that
questions by employees of the Department of Homeland Security
exercising expedited removal authority under section 235(b) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a
uniform manner, to the extent possible, and that both these questions
and the answers provided in response to them are recorded in a uniform
fashion.
(b) Factors Relating to Sworn Statements.--Where practicable, any
sworn or signed written statement taken of an alien as part of the
record of a proceeding under section 235(b)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a
recording of the interview which served as the basis for that sworn
statement.
(c) Interpreters.--The Secretary shall ensure that a competent
interpreter, not affiliated with the government of the country from
which the alien may claim asylum, is used when the interviewing officer
does not speak a language understood by the alien.
(d) Recordings in Immigration Proceedings.--There shall be an audio
or audio visual recording of interviews of aliens subject to expedited
removal. The recording shall be included in the record of proceeding
and shall be considered as evidence in any further proceedings
involving the alien.
(e) No Private Right of Action.--Nothing in this section shall be
construed to create any right, benefit, trust, or responsibility,
whether substantive or procedural, enforceable in law or equity by a
party against the United States, its departments, agencies,
instrumentalities, entities, officers, employees, or agents, or any
person, nor does this section create any right of review in any
administrative, judicial, or other proceeding.
SEC. 204. SAFE THIRD COUNTRY.
Section 208(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1158(a)(2)(A)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(2) by striking ``removed, pursuant to a bilateral or
multilateral agreement, to'' and inserting ``removed to''.
SEC. 205. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME
COUNTRY.
(a) In General.--Section 208(c) of the Immigration and Nationality
Act (8 U.S.C. 1158(c)) is amended by adding at the end the following
new paragraph:
``(4) Renunciation of status pursuant to return to home
country.--
``(A) In general.--Except as provided in
subparagraph (B), any alien who is granted asylum
status under this Act, who, absent changed country
conditions, subsequently returns to the country of such
alien's nationality or, in the case of an alien having
no nationality, returns to any country in which such
alien last habitually resided, and who applied for such
status because of persecution or a well-founded fear of
persecution in that country on account of race,
religion, nationality, membership in a particular
social group, or political opinion, shall have his or
her status terminated.
``(B) Waiver.--The Secretary has discretion to
waive subparagraph (A) if it is established to the
satisfaction of the Secretary that the alien had a
compelling reason for the return. The waiver may be
sought prior to departure from the United States or
upon return.''.
(b) Conforming Amendment.--Section 208(c)(3) of the Immigration and
Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after
``paragraph (2)'' the following: ``or (4)''.
SEC. 206. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.
(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the Attorney
General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the
asylum application advising the alien of the
consequences of filing a frivolous application and
serving as notice to the alien of the consequence of
filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the''
and all that follows and inserting:
``(A) If the Secretary of Homeland Security or the
Attorney General determines that an alien has knowingly
made a frivolous application for asylum and the alien
has received the notice under paragraph (4)(C), the
alien shall be permanently ineligible for any benefits
under this chapter, effective as the date of the final
determination of such an application.
``(B) An application is frivolous if the Secretary
of Homeland Security or the Attorney General
determines, consistent with subparagraph (C), that--
``(i) it is so insufficient in substance
that it is clear that the applicant knowingly
filed the application solely or in part to
delay removal from the United States, to seek
employment authorization as an applicant for
asylum pursuant to regulations issued pursuant
to paragraph (2), or to seek issuance of a
Notice to Appear in order to pursue
Cancellation of Removal under section 240A(b);
or
``(ii) any of the material elements are
knowingly fabricated.
``(C) In determining that an application is
frivolous, the Secretary or the Attorney General, must
be satisfied that the applicant, during the course of
the proceedings, has had sufficient opportunity to
clarify any discrepancies or implausible aspects of the
claim.
``(D) For purposes of this section, a finding that
an alien filed a frivolous asylum application shall not
preclude the alien from seeking withholding of removal
under section 241(b)(3) or protection pursuant to the
Convention Against Torture.''.
SEC. 207. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.
(a) Asylum Credibility Determinations.--Section 208(b)(1)(B)(iii)
of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is
amended by inserting after ``all relevant factors'' the following: ``,
including statements made to, and investigative reports prepared by,
immigration authorities and other government officials''.
(b) Relief for Removal Credibility Determinations.--Section
240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(4)(C)) is amended by inserting after ``all relevant factors''
the following: ``, including statements made to, and investigative
reports prepared by, immigration authorities and other government
officials''.
SEC. 208. PENALTIES FOR ASYLUM FRAUD.
Section 1001 of title 18, United States Code, is amended by
inserting at the end of the paragraph--
``(d) Whoever, in any matter before the Secretary of Homeland
Security or the Attorney General pertaining to asylum under section 208
of the Immigration and Nationality Act or withholding of removal under
section 241(b)(3) of such Act, knowingly and willfully--
``(1) makes any materially false, fictitious, or fraudulent
statement or representation; or
``(2) makes or uses any false writings or document knowing
the same to contain any materially false, fictitious, or
fraudulent statement or entry,
shall be fined under this title or imprisoned not more than 10 years,
or both.''.
SEC. 209. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.
Section 3291 of title 18, United States Code, is amended--
(1) by striking ``1544,'' and inserting ``1544, and section
1546,''; and
(2) by striking ``offense.'' and inserting ``offense or
within 10 years after the fraud is discovered.''.
SEC. 210. TECHNICAL AMENDMENTS.
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158)
is amended--
(1) in subsection (a)--
(A) in paragraph (2)(D), by inserting ``Secretary
of Homeland Security or the'' before ``Attorney
General''; and
(B) in paragraph (3), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'';
(2) in subsection (b)(2), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'' each
place such term appears;
(3) in subsection (c)--
(A) in paragraph (1), by striking ``Attorney
General'' each place such term appears and inserting
``Secretary of Homeland Security'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General''; and
(C) in paragraph (3), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'';
and
(4) in subsection (d)--
(A) in paragraph (1), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''
each place such term appears;
(B) in paragraph (2), by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security''; and
(C) in paragraph (5)--
(i) in subparagraph (A), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security''; and
(ii) in subparagraph (B), by inserting
``Secretary of Homeland Security or the''
before ``Attorney General''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Immigration and Citizenship.
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