[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2905 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2905

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2023

    Mr. Rubio (for himself, Mr. Marshall, Mr. Scott of Florida, Mr. 
   Hagerty, Mrs. Blackburn, Mr. Hawley, Mr. Braun, and Mr. Ricketts) 
introduced the following bill; which was read twice and 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.--
                                    ``(I) In general.--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--
                                            ``(aa) 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

                                            ``(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.
                            ``(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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