Ending Catch and Release Act of 2022
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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8951 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8951
To amend the Immigration and Nationality Act with respect to the parole
or release of an asylum applicant, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2022
Mr. Biggs (for himself, Mr. Perry, Mr. Gosar, Mr. Harris, Mr. Steube,
Mr. Weber of Texas, Mr. Lamborn, Mr. Good of Virginia, Mrs. Miller of
Illinois, Mr. Hice of Georgia, Mr. Cloud, Mrs. Boebert, Mr. Norman, and
Mr. Tiffany) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act with respect to the parole
or release of an asylum applicant, 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.
This Act may be cited as the ``Ending Catch and Release Act of
2022''.
SEC. 2. INSPECTION OF APPLICANTS FOR ADMISSION.
Section 235(b) of the Immigration and Nationality Act (8 U.S.C.
1225(b)) is amended by--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by striking ``section
212(a)(6)(C)'' and inserting ``section
212(a)(6)(A), 212(a)(6)(C), or''; and
(II) by striking the period at the
end and inserting ``. The Secretary may
not parole or otherwise release the
alien into the United States.''; and
(ii) in clause (ii)--
(I) by striking ``section
212(a)(6)(C)'' and inserting ``section
212(a)(6)(A), 212(a)(6)(C), or''; and
(II) by striking the period at the
end and inserting ``. The Secretary may
not parole or otherwise release the
alien into the United States.'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``Attorney
General'' and inserting ``Secretary'';
(ii) in clause (ii), by striking ``the
alien shall be detained for further
consideration of the application for asylum''
and inserting ``the alien shall either be
detained for further consideration of the
application for asylum by an immigration judge
or if the alien arrived on land from a foreign
territory contiguous to the United States, be
returned to that territory for further
consideration of the application for asylum by
an immigration judge. The Secretary may not
parole or otherwise release the alien into the
United States'';
(iii) in clause (iii)--
(I) in subclause (I), by striking
the period at the end and adding ``.
The Secretary shall remove the alien
within 72 hours. If the alien cannot be
removed, the alien shall be detained
until removed. The Secretary may not
parole or otherwise release the alien
into the United States.'';
(II) in subclause (II), by striking
``has not'' and inserting ``has or has
not''; and
(III) in subclause (IV), by
striking the period at the end and
inserting ``. The Secretary may not
parole or otherwise release the alien
into the United States.''; and
(iv) in clause (v), by striking ``there is
a significant possibility, taking into account
the credibility of the statements made by the
alien in support of the alien's claim and such
other facts as are known to the officer, that
the alien could establish eligibility for
asylum under section 208'' and inserting ``it
is more likely than not that the alien will be
able to establish eligibility for asylum under
section 208''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``and (C)''; and
(ii) by striking ``the alien shall be
detained for a proceeding under section 240.''
and inserting ``the alien shall be either
detained for a proceeding under section 240 or
if the alien arrived on land from a foreign
territory contiguous to the United States, be
returned to that territory pending a proceeding
under section 240. The Secretary may not parole
or otherwise release the alien into the United
States.''; and
(B) by striking subparagraph (C).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
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