117 HR 8355 IH: Closing Loopholes and Ending Asylum Abuse Act of 2022
U.S. House of Representatives
2022-07-13
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EN
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I
117th CONGRESS
2d Session
H. R. 8355
IN THE HOUSE OF REPRESENTATIVES
July 13, 2022
Mr. Crenshaw (for himself, Mr. Ellzey, Mr. Fallon, Mr. Gimenez, Ms. Van Duyne, Mr. Weber of Texas, Mr. Babin, Mr. Brady, Ms. Granger, Mr. Burgess, Mr. Posey, and Mr. Pfluger) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to reform the asylum claim process, and for other purposes.
1.

Short title
This Act may be cited as the “Closing Loopholes and Ending Asylum Abuse Act of 2022”.
2.

Reform asylum claim process
(a)

Conforming amendments
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
(1)
in section 101(a)—
(A)
in paragraph (42)—
(i)
by inserting “by the government or a governmental-affiliated entity” after “fear of persecution” each place it appears;
(ii)
by inserting “by the government or a governmental-affiliated entity” after “persecution of any person”;
(iii)
by inserting “by the government or a governmental-affiliated entity” after “has been persecuted”;
(iv)
by inserting “by the government or a governmental-affiliated entity” after “have been persecuted”; and
(v)
by inserting “by the government or a governmental-affiliated entity” after “subject to persecution”;
(B)
by adding at the end the following:
“(53)
The term “governmental-affiliated entity” means a person, ministry, bureau, department, agency, government corporation, or any other entity chartered, established, sponsored, or supported by the government or a dominant political organization.
(54)
The term “particular social group” means a group of individuals that is composed of immutable characteristics, socially distinct within the society in question, and defined with particularity.
(55)
The term “immutable characteristic” means a characteristic not capable of or susceptible to change.
(56)
The term “socially distinct within the society in question” means there is societal differentiation between people in a society who possess a shared belief or trait and people in such society who do not possess such shared belief or trait.
(57)
The term “defined with particularity” means there are clear, well-defined boundaries between people who fall within a particular social group and people who do not fall within such particular social group.” ;
(2)
in section 208—
(A)
in subsection (a), by amending paragraph (1) to read as follows:
“(1)

Asylum process
(A)

Physical presence in United States
Any alien who is physically present in the United States or who arrives at the United States (at a designated port of entry and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 235(b).
(B)

Outside of United States
Any alien who is physically present outside of the United States, irrespective of such alien’s status, may apply for asylum at a United States diplomatic mission established under section 2(c) of the Closing Loopholes and Ending Asylum Abuse Act of 2022.”; and
(B)
in subsection (b)—
(i)
in paragraph (1)—
(I)
in subparagraph (B)(iii)—
- (aa)
by striking “whenever made and whether or not under oath” and inserting “which shall be made under oath”; and
- (bb)
by inserting “and any reports on country conditions written by a law enforcement agency in the United States or a law enforcement agency in the country the report describes” after “country conditions”; and
(II)
by adding at the end the following:
“(C)

Location of claim
If an alien passes through a country (other than the United States or the country of citizenship, nationality, or origin of such alien) that has a United States diplomatic mission established under section 2(c) of the Closing Loopholes and Ending Asylum Abuse Act of 2022, such alien shall make any application for asylum in accordance with this section in such country and may not enter the United States unless such claim is granted or other immigration benefit or relief is awarded.”; and
(ii)
in paragraph (2)(A)—
(I)
in clause (v), by striking “or” at the end;
(II)
in clause (vi), by striking the period at the end and inserting “; or”; and
(III)
by adding at the end the following:
“(vii)
the alien has violated section 275 (relating to entering the United States improperly); or
(viii)
the alien has received a final order of removal issued in absentia under section 240(b)(5)(A).” ; and
(3)
in section 235(b)(1)(B)(v)—
(A)
by striking “possibility” and inserting “likelihood”; and
(B)
by inserting “and the evidence presented” after “by the alien”.
(b)

Claims for asylum abroad
Chapter 4 of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) is amended by inserting after section 235A the following:
“235B.

Claims for asylum outside of United States
(a)

Screening
An alien outside of the United States who indicates an intention to apply for asylum at a diplomatic mission established under section 2(c) of the Closing Loopholes and Ending Asylum Abuse Act of 2022, shall be examined, assessed, and referred to an asylum officer for an interview to determine if such alien has a credible fear of persecution in accordance with section 235(b)(1)(B).
(b)

Admission
If an alien described in subsection (a) is found to have a credible fear of persecution, the alien shall be admitted to the United States for the purpose of further consideration of their application for asylum as directed by the Secretary of Homeland Security.
(c)

No credible fear found
If an alien described in subsection (a) is found to not have a credible fear of persecution—
(1)
the alien shall not be eligible to apply for asylum in the United States unless such alien can demonstrate a chance in circumstance with respect to their credible fear of persecution; and
(2)
the asylum officer shall prepare a written record of a determination, including a summary of the material facts as stated by the alien, any additional facts relied upon by the officer, and the officer’s analysis of why, in the light of such facts, the alien has not established a credible fear of persecution, and a copy of the officer’s interview notes.
(d)

Rules
The Secretary of Homeland Security shall establish all necessary processes, rules, and procedures to store, maintain, access, and share information related to an alien applying for asylum outside of the United States.” .
(c)

Authorization To establish asylum offices abroad
(1)

Establishment
Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, shall establish United States diplomatic missions at a United States embassy or consulate in accordance with this subsection to review an application for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158).
(2)

Location
A United States diplomatic mission established pursuant to paragraph (1) may be located at any of the following:
(A)
The United States Embassy in Mexico City.
(B)
The United States Consulate General in Ciudad Juarez.
(C)
The United States Consulate General in Matamoros.
(D)
The United States Consulate General in Monterrey.
(E)
The United States Consulate General in Nogales.
(F)
The United States Consulate General in Tijuana.
(G)
Any other United States embassy or consulate the Secretary of Homeland Security, in coordination with the Secretary of State and Attorney General, recommends pursuant to subsection (c)(5).
(3)

Staff
The Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, shall provide necessary facilities and staff to serve the United States diplomatic missions established pursuant to paragraph (1).
(d)

Reporting
Not later than 1 year after the date of the enactment of this Act, and every year thereafter, the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, shall submit to the relevant congressional committees a report on the United States diplomatic missions established pursuant to subsection (b)(1), including the following:
(1)
The number of applications for asylum reviewed at each United States diplomatic mission.
(2)
The number of asylum seekers found to have a credible fear of persecution.
(3)
The number of staff employed at each United States diplomatic mission.
(4)
An assessment of the effectiveness of reviewing applications for asylum at the United States diplomatic missions.
(5)
Recommendations on where to establish additional United States diplomatic missions as necessary based on migrant flows.
(6)
Any other matter the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, determines appropriate.
(e)

Relevant congressional committees defined
In this section, the term “relevant congressional committees” means—
(1)
the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and
(2)
the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate.