[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2292 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2292
To require asylum officers to conduct credible fear screenings before
admitting aliens seeking asylum into the United States, to direct the
Secretary of Homeland Security to establish an alternatives to
detention pilot program, and to clarify that aliens transiting through
third countries on the way to the United States are ineligible for
asylum, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2019
Mr. Inhofe (for himself, Mrs. Blackburn, Mr. Cramer, Mr. Rounds, and
Mr. Cassidy) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require asylum officers to conduct credible fear screenings before
admitting aliens seeking asylum into the United States, to direct the
Secretary of Homeland Security to establish an alternatives to
detention pilot program, and to clarify that aliens transiting through
third countries on the way to the United States are ineligible for
asylum, 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 ``Asylum Abuse Reduction Act''.
SEC. 2. ASYLUM INTERVIEWS.
(a) Border Crossings.--If an alien who is seeking asylum in the
United States attempts to enter the United States from Canada or Mexico
at a land port of entry without a valid visa or other appropriate entry
documents, the immigration officer who is inspecting such alien--
(1) may not admit such alien into the United States; and
(2) shall advise such alien to schedule an asylum hearing
with the most convenient United States embassy or consulate in
Canada or Mexico.
(b) Credible Fear Screenings.--An alien described in subsection (a)
may not be admitted into the United States unless an asylum officer
stationed at a United States embassy or consulate--
(1) has conducted an in-person interview with the alien;
and
(2) as a result of the interview conducted under paragraph
(1), has concluded that the alien--
(A) has been persecuted in the alien's country of
origin on account of the alien's race, religion,
nationality, membership in a particular social group,
or political opinion if the alien returned to such
country; or
(B) would be subject to torture if the alien
returned to his or her country of origin.
SEC. 3. CRIMINAL BENCH WARRANTS.
(a) Issuance.--Each Federal judicial district shall appoint at
least 1 magistrate or district court judge who, upon a showing of
probable cause, shall issue a warrant of arrest for a violation of
section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1253(a)(1)).
(b) Probable Cause.--A warrant of removal issued under any
provision of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) that has been in existence 90 days or more shall constitute prima
facie evidence of probable cause to issue a warrant under subsection
(a).
SEC. 4. ALTERNATIVES TO DETENTION PILOT PROGRAM.
(a) Establishment.--The Secretary of Homeland Security, in
consultation with the Director of U.S. Immigration and Customs
Enforcement, shall establish an alternatives to detention pilot program
in which aliens may be released to the supervision of a qualified
organization that has entered into a contract with the Federal
Government to facilitate the alien's compliance with all stages of the
immigration proceedings.
(b) Requirements.--An alien may not participate in the pilot
program established under subsection (a) unless the alien--
(1) certifies that he or she will comply with all stages of
the immigration proceedings, including removal, if ordered;
(2) acknowledges that he or she is only entitled to a
single appeal of a decision by an immigration judge; and
(3) signs a privacy waiver.
(c) Consequences of Breach.--An alien who fails to comply with the
requirements under subsection (b) may be subject to a warrant of
arrest, detention, and expedited removal proceedings.
(d) Performance Metrics.--The Secretary of Homeland Security, in
consultation with the Director of U.S. Immigration and Customs
Enforcement, shall develop performance metrics to ensure that
organizations that enter into a contract pursuant to subsection (a) are
complying with performance standards. Such metrics should include, with
respect to aliens released to the supervision of an organization--
(1) absconsion rate;
(2) arrest rate;
(3) rate of completion of immigration case, include
removal; and
(4) other metrics that the Secretary determines are related
to compliance with performance standards.
(e) Penalties.--If an organization that has entered into a contract
pursuant to subsection (a) fails to comply with the performance
standards required by such contract, the Secretary may--
(1) require funds paid to the organization for any period
of noncompliance to be returned;
(2) terminate the contract with the organization; or
(3) impose any other penalty authorized by the contract.
(f) Report.--The Secretary of Homeland Security shall submit to the
Committee on the Judiciary and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on the Judiciary
and the Committee on Homeland Security of the House of Representatives
a report on the implementation of the alternatives to detention pilot
program established under this section.
SEC. 5. ASYLUM INELIGIBILITY FOR ALIENS TRANSITING THROUGH THIRD
COUNTRY.
Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1158(a)(2)) is amended by adding at the end the following:
``(F) Transit through third country.--
``(i) In general.--Except as provided in
clause (ii), paragraph (1) shall not apply to
any alien who, on or after date of the
enactment of this subparagraph, enters,
attempts to enter, or arrives in the United
States through the Southern land border after
transiting through, on the way to the United
States, one or more countries other than the
country of citizenship, nationality, or last
lawful habitual residence of the alien.
``(ii) Exceptions.--Clause (i) shall not
apply if--
``(I)(aa) the alien demonstrates
that he or she applied for protection
from persecution or torture in one or
more countries (other than the country
of citizenship, nationality, or last
lawful habitual residence of the alien)
through which the alien transited on
the way to the United States; and
``(bb) the alien received a final
judgment denying the alien protection
in such country;
``(II) the alien demonstrates that
he or she is or has been subject to a
severe form of trafficking in persons;
or
``(III) the one or more countries
through which the alien transited on
the way to the United States were not,
at the time of the transit, parties
to--
``(aa) the Convention
Relating to the Status of
Refugees, done at Geneva July
28, 1951 (as made applicable by
the Protocol Relating to the
Status of Refugees, done at New
York January 31, 1967 (19 UST
6223)); or
``(bb) the Convention
against Torture and Other
Cruel, Inhuman or Degrading
Treatment or Punishment, done
at New York December 10,
1984.''.
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