[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5651 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5651

 To deny asylum to members of a Communist or other totalitarian party, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2023

   Mr. Nehls (for himself, Mr. Green of Tennessee, and Mr. Donalds) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To deny asylum to members of a Communist or other totalitarian party, 
                        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 ``No Asylum for CCP Spies Act''.

SEC. 2. DENIAL OF ASYLUM TO MEMBERS OF A COMMUNIST OR OTHER 
              TOTALITARIAN PARTY.

    Section 208(b)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(b)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (v), by striking ``or'' at the end;
                    (B) in clause (vi), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(vii) the alien is described in section 
                        212(a)(3)(D)(i), except as provided in 
                        subparagraph (B)(iii) and subject to''; and
            (2) in subparagraph (B), by adding at the end the 
        following:
                            ``(iii) Exception to party membership.--
                        Notwithstanding subparagraph (A)(vii), an alien 
                        who is described in section 212(a)(3)(D)(i) may 
                        be granted asylum pursuant to paragraph (1) 
                        if--
                                    ``(I) the alien--
                                            ``(aa) has, before applying 
                                        for asylum and through a 
                                        service approved by the Federal 
                                        Government, publicly renounced 
                                        his or her membership in the 
                                        Communist or totalitarian party 
                                        of which the alien was a member 
                                        or with which the alien was 
                                        affiliated and denounces such 
                                        party during the asylum 
                                        adjudication process; and
                                            ``(bb) establishes, to the 
                                        satisfaction of the Attorney 
                                        General or the Secretary of 
                                        Homeland Security, that the 
                                        membership or affiliation of 
                                        the alien with a Communist or 
                                        totalitarian party is or was 
                                        involuntary, limited to a 
                                        period when the alien was 
                                        younger than 16 years of age, 
                                        automatic, by operation of law, 
                                        without the alien's personal 
                                        acquiescence, or solely for the 
                                        purpose of obtaining 
                                        employment, food rations, or 
                                        other living essentials; and
                                    ``(II) the Attorney General or the 
                                Secretary of Homeland Security, in 
                                consultation with the Director of 
                                National Intelligence, determines that 
                                the alien is not a danger to the 
                                security of the United States.
                            ``(iv) Waiver.--
                                    ``(I) In general.--In the case of 
                                an alien described in section 
                                212(a)(3)(D)(i) who is not eligible for 
                                asylum under clause (iii), the Attorney 
                                General or the Secretary of Homeland 
                                Security may waive the application of 
                                such section if the Attorney General or 
                                the Secretary, in consultation with the 
                                Director of National Intelligence, 
                                determines that such alien has 
                                significant information relating to 
                                national security.
                                    ``(II) Conditions.--An alien may 
                                only be granted a waiver under this 
                                clause if--
                                            ``(aa) the alien, through a 
                                        service approved by the Federal 
                                        Government, publicly renounces 
                                        his or her membership in the 
                                        Communist or totalitarian party 
                                        of which the alien was a member 
                                        or with which the alien was 
                                        affiliated and denounces such 
                                        party during the asylum 
                                        adjudication process; and
                                            ``(bb) the Attorney General 
                                        or the Secretary of Homeland 
                                        Security, in consultation with 
                                        the Director of National 
                                        Intelligence, determines that 
                                        the alien is not a danger to 
                                        the security of the United 
                                        States.''.
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