July 20, 2026
Mr. Roy introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To secure the borders of the United States, and for other purposes.
Section 1. Short title; table of contents
(a) Short title
This Act may be cited as the Permanent Trump Secure Border Act
.
(b) Table of contents
The table of contents for this Act is as follows:
Sec. 2. Severability
If any provision of this Act or any amendment by this Act, or the application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of such provision or amendment to any other person or circumstance shall not be affected.
Title I Asylum Reform and Border Protection
Sec. 101. Safe third country
Section 208(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)(A)) is amended—
(1)
by striking if the Attorney General determines
and inserting if the Attorney General or the Secretary of Homeland Security determines—
;
(2)
by striking that the alien may be removed
and inserting the following:
(i)
that the alien may be removed;
(3)
by striking , pursuant to a bilateral or multilateral agreement, to
and inserting to
;
(4)
by inserting or the Secretary, on a case by case basis,
before finds that
;
(5)
by striking the period at the end and inserting ; or
; and
(6)
by adding at the end the following:
(ii)
that the alien entered, attempted to enter, or arrived in the United States after transiting through at least one country outside the alien’s country of citizenship, nationality, or last lawful habitual residence en route to the United States, unless—
(I)
the alien demonstrates that he or she applied for protection from persecution or torture in at least one country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States, and the alien received a final judgment denying the alien protection in each country;
(II)
the alien demonstrates that he or she was a victim of a severe form of trafficking in which a commercial sex act was induced by force, fraud, or coercion, or in which the person induced to perform such act was under the age of 18 years; or in which the trafficking included the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery, and was unable to apply for protection from persecution in each country through which the alien transited en route to the United States as a result of such severe form of trafficking; or
(III)
the only countries through which the alien transited en route to the United States were, at the time of the transit, not parties to the 1951 United Nations Convention relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, or the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Sec. 102. Credible fear interviews
Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking there is a significant possibility
and all that follows, and inserting , taking into account the credibility of the statements made by the alien in support of the alien’s claim, as determined pursuant to section 208(b)(1)(B)(iii), and such other facts as are known to the officer, the alien more likely than not could establish eligibility for asylum under section 208, and it is more likely than not that the statements made by, and on behalf of, the alien in support of the alien’s claim are true.
.
Sec. 103. Clarification of asylum eligibility
(a) In general
Section 208(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(A)) is amended by inserting after section 101(a)(42)(A)
the following: (in accordance with the rules set forth in this section), and is eligible to apply for asylum under subsection (a)
.
(b) Place of arrival
Section 208(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(1)) is amended—
(1)
by striking or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters),
; and
(2)
by inserting after United States
the following: and has arrived in the United States at a port of entry (including an alien who is brought to the United States after having been interdicted in international or United States waters),
.
Sec. 104. Exceptions
Paragraph (2) of section 208(b) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)) is amended to read as follows:
(2) Exceptions
(A) In general
Paragraph (1) shall not apply to an alien if the Secretary of Homeland Security or the Attorney General determines that—
(i)
the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion;
(ii)
the alien has been convicted of any felony under Federal, State, tribal, or local law;
(iii)
the alien has been convicted of any misdemeanor offense under Federal, State, tribal, or local law involving—
(I)
the unlawful possession or use of an identification document, authentication feature, or false identification document (as those terms and phrases are defined in the jurisdiction where the conviction occurred), unless the alien can establish that the conviction resulted from circumstances showing that—
(aa)
the document or feature was presented before boarding a common carrier;
(bb)
the document or feature related to the alien’s eligibility to enter the United States;
(cc)
the alien used the document or feature to depart a country wherein the alien has claimed a fear of persecution; and
(dd)
the alien claimed a fear of persecution without delay upon presenting himself or herself to an immigration officer upon arrival at a United States port of entry;
(II)
the unlawful receipt of a Federal public benefit (as defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c))), from a Federal entity, or the unlawful receipt of similar public benefits from a State, tribal, or local entity; or
(III)
possession or trafficking of a controlled substance or controlled substance paraphernalia, as those phrases are defined under the law of the jurisdiction where the conviction occurred, other than a single offense involving possession for one’s own use of 30 grams or less of marijuana (as marijuana is defined under the law of the jurisdiction where the conviction occurred);
(iv)
the alien has been convicted of an offense arising under paragraph (1)(A) or (2) of section 274(a), or under section 276;
(v)
the alien has been convicted of a Federal, State, tribal, or local crime that the Attorney General or Secretary of Homeland Security knows, or has reason to believe, was committed in support, promotion, or furtherance of the activity of a criminal street gang (as defined under the law of the jurisdiction where the conviction occurred or in section 521(a) of title 18, United States Code);
(vi)
the alien has been convicted of an offense for driving while intoxicated or impaired, as those terms are defined under the law of the jurisdiction where the conviction occurred (including a conviction for driving while under the influence of or impaired by alcohol or drugs), without regard to whether the conviction is classified as a misdemeanor or felony under Federal, State, tribal, or local law, in which such intoxicated or impaired driving was a cause of serious bodily injury or death of another person;
(vii)
the alien has been convicted of more than one offense for driving while intoxicated or impaired, as those terms are defined under the law of the jurisdiction where the conviction occurred (including a conviction for driving while under the influence of or impaired by alcohol or drugs), without regard to whether the conviction is classified as a misdemeanor or felony under Federal, State, tribal, or local law;
(viii)
the alien has been convicted of a crime—
(I)
that involves conduct amounting to a crime of stalking;
(II)
of child abuse, child neglect, or child abandonment; or
(III)
that involves conduct amounting to a domestic assault or battery offense, including—
(aa)
a misdemeanor crime of domestic violence, as described in section 921(a)(33) of title 18, United States Code;
(bb)
a crime of domestic violence, as described in section 40002(a)(12) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)(12)); or
(cc)
any crime based on conduct in which the alien harassed, coerced, intimidated, voluntarily or recklessly used (or threatened to use) force or violence against, or inflicted physical injury or physical pain, however slight, upon a person—
(AA)
who is a current or former spouse of the alien;
(BB)
with whom the alien shares a child;
(CC)
who is cohabitating with, or who has cohabitated with, the alien as a spouse;
(DD)
who is similarly situated to a spouse of the alien under the domestic or family violence laws of the jurisdiction where the offense occurred; or
(EE)
who is protected from that alien’s acts under the domestic or family violence laws of the United States or of any State, tribal government, or unit of local government;
(ix)
the alien has engaged in acts of battery or extreme cruelty upon a person and the person—
(I)
is a current or former spouse of the alien;
(II)
shares a child with the alien;
(III)
cohabitates or has cohabitated with the alien as a spouse;
(IV)
is similarly situated to a spouse of the alien under the domestic or family violence laws of the jurisdiction where the offense occurred; or
(V)
is protected from that alien’s acts under the domestic or family violence laws of the United States or of any State, tribal government, or unit of local government;
(x)
the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States;
(xi)
there are serious reasons for believing that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States;
(xii)
there are reasonable grounds for regarding the alien as a danger to the security of the United States;
(xiii)
the alien is described in subclause (I), (II), (III), (IV), or (VI) of section 212(a)(3)(B)(i) or section 237(a)(4)(B) (relating to terrorist activity), unless, in the case only of an alien inadmissible under subclause (IV) of section 212(a)(3)(B)(i), the Secretary of Homeland Security or the Attorney General determines, in the Secretary’s or the Attorney General's discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States;
(xiv)
the alien was firmly resettled in another country prior to arriving in the United States; or
(xv)
there are reasonable grounds for concluding the alien could avoid persecution by relocating to another part of the alien’s country of nationality or, in the case of an alien having no nationality, another part of the alien’s country of last habitual residence.
(B) Special rules
(i) Particularly serious crime; serious nonpolitical crime outside the United States
(I) In general
For purposes of subparagraph (A)(x), the Attorney General or Secretary of Homeland Security, in their discretion, may determine that a conviction constitutes a particularly serious crime based on—
(aa)
the nature of the conviction;
(bb)
the type of sentence imposed; or
(cc)
the circumstances and underlying facts of the conviction.
(II) Determination
In making a determination under subclause (I), the Attorney General or Secretary of Homeland Security may consider all reliable information and is not limited to facts found by the criminal court or provided in the underlying record of conviction.
(III) Treatment of felonies
In making a determination under subclause (I), an alien who has been convicted of a felony (as defined under this section) or an aggravated felony (as defined under section 101(a)(43)), shall be considered to have been convicted of a particularly serious crime.
(IV) Interpol Red Notice
In making a determination under subparagraph (A)(xi), an Interpol Red Notice may constitute reliable evidence that the alien has committed a serious nonpolitical crime outside the United States.
(ii) Crimes and exceptions
(I) Driving while intoxicated or impaired
A finding under subparagraph (A)(vi) does not require the Attorney General or Secretary of Homeland Security to find the first conviction for driving while intoxicated or impaired (including a conviction for driving while under the influence of or impaired by alcohol or drugs) as a predicate offense. The Attorney General or Secretary of Homeland Security need only make a factual determination that the alien previously was convicted for driving while intoxicated or impaired as those terms are defined under the jurisdiction where the conviction occurred (including a conviction for driving while under the influence of or impaired by alcohol or drugs).
(II) Stalking and other crimes
In making a determination under subparagraph (A)(viii), including determining the existence of a domestic relationship between the alien and the victim, the underlying conduct of the crime may be considered, and the Attorney General or Secretary of Homeland Security is not limited to facts found by the criminal court or provided in the underlying record of conviction.
(III) Battery or extreme cruelty
In making a determination under subparagraph (A)(ix), the phrase
battery or extreme crueltyincludes—(aa)
any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury;
(bb)
psychological or sexual abuse or exploitation, including rape, molestation, incest, or forced prostitution, shall be considered acts of violence; and
(cc)
other abusive acts, including acts that, in and of themselves, may not initially appear violent, but that are a part of an overall pattern of violence.
(IV) Exception for victims of domestic violence
An alien who was convicted of an offense described in clause (viii) or (ix) of subparagraph (A) is not ineligible for asylum on that basis if the alien satisfies the criteria under section 237(a)(7)(A).
(C) Specific circumstances
Paragraph (1) shall not apply to an alien whose claim is based on—
(i)
personal animus or retribution, including personal animus in which the alleged persecutor has not targeted, or manifested an animus against, other members of an alleged particular social group in addition to the member who has raised the claim at issue;
(ii)
the applicant’s generalized disapproval of, disagreement with, or opposition to criminal, terrorist, gang, guerilla, or other non-state organizations absent expressive behavior in furtherance of a discrete cause against such organizations related to control of a State or expressive behavior that is antithetical to the State or a legal unit of the State;
(iii)
the applicant’s resistance to recruitment or coercion by guerrilla, criminal, gang, terrorist, or other non-state organizations;
(iv)
the targeting of the applicant for criminal activity for financial gain based on wealth or affluence or perceptions of wealth or affluence;
(v)
the applicant’s criminal activity; or
(vi)
the applicant’s perceived, past or present, gang affiliation.
(D) Definitions and clarifications
(i) Definitions
For purposes of this paragraph:
(I) Felony
The term felony means—
(aa)
any crime defined as a felony by the relevant jurisdiction (Federal, State, tribal, or local) of conviction; or
(bb)
any crime punishable by more than one year of imprisonment.
(II) Misdemeanor
The term misdemeanor means—
(aa)
any crime defined as a misdemeanor by the relevant jurisdiction (Federal, State, tribal, or local) of conviction; or
(bb)
any crime not punishable by more than one year of imprisonment.
(ii) Clarifications
(I) Construction
For purposes of this paragraph, whether any activity or conviction also may constitute a basis for removal is immaterial to a determination of asylum eligibility.
(II) Attempt, conspiracy, or solicitation
For purposes of this paragraph, all references to a criminal offense or criminal conviction shall be deemed to include any attempt, conspiracy, or solicitation to commit the offense or any other inchoate form of the offense.
(III) Effect of certain orders
(aa) In general
No order vacating a conviction, modifying a sentence, clarifying a sentence, or otherwise altering a conviction or sentence shall have any effect under this paragraph unless the Attorney General or Secretary of Homeland Security determines that—
(AA)
the court issuing the order had jurisdiction and authority to do so; and
(BB)
the order was not entered for rehabilitative purposes or for purposes of ameliorating the immigration consequences of the conviction or sentence.
(bb) Ameliorating immigration consequences
For purposes of item (aa)(BB), the order shall be presumed to be for the purpose of ameliorating immigration consequences if—
(AA)
the order was entered after the initiation of any proceeding to remove the alien from the United States; or
(BB)
the alien moved for the order more than one year after the date of the original order of conviction or sentencing, whichever is later.
(cc) Authority of immigration judge
An immigration judge is not limited to consideration only of material included in any order vacating a conviction, modifying a sentence, or clarifying a sentence to determine whether such order should be given any effect under this paragraph, but may consider such additional information as the immigration judge determines appropriate.
(E) Additional limitations
The Secretary of Homeland Security or the Attorney General may by regulation establish additional limitations and conditions, consistent with this section, under which an alien shall be ineligible for asylum under paragraph (1).
(F) No judicial review
There shall be no judicial review of a determination of the Secretary of Homeland Security or the Attorney General under subparagraph (A)(xiii).
Sec. 105. Employment authorization
Paragraph (2) of section 208(d) of the Immigration and Nationality Act (8 U.S.C. 1158(d)) is amended to read as follows:
(2) Employment authorization
(A) Authorization permitted
An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Secretary of Homeland Security. An applicant who is not otherwise eligible for employment authorization shall not be granted such authorization prior to the date that is 180 days after the date of filing of the application for asylum.
(B) Termination
Each grant of employment authorization under subparagraph (A), and any renewal or extension thereof, shall be valid for a period of 6 months, except that such authorization, renewal, or extension shall terminate in accordance with section 100011(b) of Public Law 119–21 (commonly referred to as the
One Big Beautiful Bill Act).(C) Renewal
The Secretary of Homeland Security may not grant, renew, or extend employment authorization to an alien if the alien was previously granted employment authorization under subparagraph (A), and the employment authorization was terminated in accordance with section 100011(b) of Public Law 119–21 (commonly referred to as the
One Big Beautiful Bill Act), unless a Federal court of appeals remands the alien’s case to the Board of Immigration Appeals.(D) Ineligibility
The Secretary of Homeland Security may not grant employment authorization to an alien under this paragraph if the alien—
(i)
is ineligible for asylum under subsection (b)(2)(A); or
(ii)
entered or attempted to enter the United States at a place and time other than lawfully through a United States port of entry.
Sec. 106. Rules for determining asylum eligibility
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding at the end the following:
(f) Rules for determining asylum eligibility
In making a determination under subsection (b)(1)(A) with respect to whether an alien is a refugee within the meaning of section 101(a)(42)(A), the following shall apply:
(1) Particular social group
The Secretary of Homeland Security or the Attorney General shall not determine that an alien is a member of a particular social group unless the alien articulates on the record, or provides a basis on the record for determining, the definition and boundaries of the alleged particular social group, establishes that the particular social group exists independently from the alleged persecution, and establishes that the alien’s claim of membership in a particular social group does not involve—
(A)
past or present criminal activity or association (including gang membership);
(B)
presence in a country with generalized violence or a high crime rate;
(C)
being the subject of a recruitment effort by criminal, terrorist, or persecutory groups;
(D)
the targeting of the applicant for criminal activity for financial gain based on perceptions of wealth or affluence;
(E)
interpersonal disputes of which governmental authorities in the relevant society or region were unaware or uninvolved;
(F)
private criminal acts of which governmental authorities in the relevant society or region were unaware or uninvolved;
(G)
past or present terrorist activity or association;
(H)
past or present persecutory activity or association; or
(I)
status as an alien returning from the United States.
(2) Political opinion
The Secretary of Homeland Security or the Attorney General may not determine that an alien holds a political opinion with respect to which the alien is subject to persecution if the political opinion is constituted solely by generalized disapproval of, disagreement with, or opposition to criminal, terrorist, gang, guerilla, or other non-state organizations and does not include expressive behavior in furtherance of a cause against such organizations related to efforts by the State to control such organizations or behavior that is antithetical to or otherwise opposes the ruling legal entity of the State or a unit thereof.
(3) Persecution
The Secretary of Homeland Security or the Attorney General may not determine that an alien has been subject to persecution or has a well-founded fear of persecution based only on—
(A)
the existence of laws or government policies that are unenforced or infrequently enforced, unless there is credible evidence that such a law or policy has been or would be applied to the applicant personally; or
(B)
the conduct of rogue foreign government officials acting outside the scope of their official capacity.
(4) Discretionary determination
(A) Adverse discretionary factors
The Secretary of Homeland Security or the Attorney General may only grant asylum to an alien if the alien establishes that he or she warrants a favorable exercise of discretion. In making such a determination, the Attorney General or Secretary of Homeland Security shall consider, if applicable, an alien’s use of fraudulent documents to enter the United States, unless the alien arrived in the United States by air, sea, or land directly from the applicant’s home country without transiting through any other country.
(B) Favorable exercise of discretion not permitted
Except as provided in subparagraph (C), the Attorney General or Secretary of Homeland Security shall not favorably exercise discretion under this section for any alien who—
(i)
has accrued more than one year of unlawful presence in the United States, as defined in sections 212(a)(9)(B)(ii) and (iii), prior to filing an application for asylum;
(ii)
at the time the asylum application is filed with the immigration court or is referred from the Department of Homeland Security, has—
(I)
failed to timely file (or timely file a request for an extension of time to file) any required Federal, State, or local income tax returns;
(II)
failed to satisfy any outstanding Federal, State, or local tax obligations; or
(III)
income that would result in tax liability under section 1 of the Internal Revenue Code of 1986 and that was not reported to the Internal Revenue Service;
(iii)
has had two or more prior asylum applications denied for any reason;
(iv)
has withdrawn a prior asylum application with prejudice or been found to have abandoned a prior asylum application;
(v)
failed to attend an interview regarding his or her asylum application with the Department of Homeland Security, unless the alien shows by a preponderance of the evidence that—
(I)
exceptional circumstances prevented the alien from attending the interview; or
(II)
the interview notice was not mailed to the last address provided by the alien or the alien’s representative and neither the alien nor the alien’s representative received notice of the interview; or
(vi)
was subject to a final order of removal, deportation, or exclusion and did not file a motion to reopen to seek asylum based on changed country conditions within one year of the change in country conditions.
(C) Exceptions
If one or more of the adverse discretionary factors set forth in subparagraph (B) are present, the Attorney General or the Secretary, may, notwithstanding such subparagraph (B), favorably exercise discretion under section 208—
(i)
in extraordinary circumstances, such as those involving national security or foreign policy considerations; or
(ii)
if the alien, by clear and convincing evidence, demonstrates that the denial of the application for asylum would result in exceptional and extremely unusual hardship to the alien.
(5) Limitation
If the Secretary or the Attorney General determines that an alien fails to satisfy the requirement under paragraph (1), the alien may not be granted asylum based on membership in a particular social group, and may not appeal the determination of the Secretary or Attorney General, as applicable. A determination under this paragraph shall not serve as the basis for any motion to reopen or reconsider an application for asylum or withholding of removal for any reason, including a claim of ineffective assistance of counsel, unless the alien complies with the procedural requirements for such a motion and demonstrates that counsel’s failure to define, or provide a basis for defining, a formulation of a particular social group was both not a strategic choice and constituted egregious conduct.
(6) Stereotypes
Evidence offered in support of an application for asylum that promotes cultural stereotypes about a country, its inhabitants, or an alleged persecutor, including stereotypes based on race, religion, nationality, or gender, shall not be admissible in adjudicating that application, except that evidence that an alleged persecutor holds stereotypical views of the applicant shall be admissible.
(7) Definitions
In this section:
(A)
The term membership in a particular social group means membership in a group that is—
(i)
composed of members who share a common immutable characteristic;
(ii)
defined with particularity; and
(iii)
socially distinct within the society in question.
(B)
The term political opinion means an ideal or conviction in support of the furtherance of a discrete cause related to political control of a state or a unit thereof.
(C)
The term persecution means the infliction of a severe level of harm constituting an exigent threat by the government of a country or by persons or an organization that the government was unable or unwilling to control. Such term does not include—
(i)
generalized harm or violence that arises out of civil, criminal, or military strife in a country;
(ii)
all treatment that the United States regards as unfair, offensive, unjust, unlawful, or unconstitutional;
(iii)
intermittent harassment, including brief detentions;
(iv)
threats with no actual effort to carry out the threats, except that particularized threats of severe harm of an immediate and menacing nature made by an identified entity may constitute persecution; or
(v)
non-severe economic harm or property damage.
Sec. 107. Firm resettlement
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), as amended by this Act, is further amended by adding at the end the following:
(g) Firm resettlement
In determining whether an alien was firmly resettled in another country prior to arriving in the United States under subsection (b)(2)(A)(xiv), the following shall apply:
(1) In general
An alien shall be considered to have firmly resettled in another country if, after the events giving rise to the alien’s asylum claim—
(A)
the alien resided in a country through which the alien transited prior to arriving in or entering the United States and—
(i)
received or was eligible for any permanent legal immigration status in that country;
(ii)
resided in such a country with any non-permanent but indefinitely renewable legal immigration status (including asylee, refugee, or similar status, but excluding status of a tourist); or
(iii)
resided in such a country and could have applied for and obtained an immigration status described in clause (ii);
(B)
the alien physically resided voluntarily, and without continuing to suffer persecution or torture, in any one country for one year or more after departing his country of nationality or last habitual residence and prior to arrival in or entry into the United States, except for any time spent in Mexico by an alien who is not a native or citizen of Mexico solely as a direct result of being returned to Mexico pursuant to section 235(b)(3) or of being subject to metering; or
(C)
the alien is a citizen of a country other than the country in which the alien alleges a fear of persecution, or was a citizen of such a country in the case of an alien who renounces such citizenship, and the alien was present in that country after departing his country of nationality or last habitual residence and prior to arrival in or entry into the United States.
(2) Burden of proof
If an immigration judge determines that an alien has firmly resettled in another country under paragraph (1), the alien shall bear the burden of proving the bar does not apply.
(3) Firm resettlement of parent
An alien shall be presumed to have been firmly resettled in another country if the alien’s parent was firmly resettled in another country, the parent’s resettlement occurred before the alien turned 18 years of age, and the alien resided with such parent at the time of the firm resettlement, unless the alien establishes that he or she could not have derived any permanent legal immigration status or any non-permanent but indefinitely renewable legal immigration status (including asylum, refugee, or similar status, but excluding status of a tourist) from the alien’s parent.
Sec. 108. Notice concerning frivolous asylum applications
(a) In general
Section 208(d)(4) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(4)) is amended—
(1)
in the matter preceding subparagraph (A), by inserting the Secretary of Homeland Security or
before the Attorney General
;
(2)
in subparagraph (A), by striking and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and
and inserting a semicolon;
(3)
in subparagraph (B), by striking the period and inserting ; and
; and
(4)
by adding at the end the following:
(C)
ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application and serving as notice to the alien of the consequence of filing a frivolous application.
(b) Conforming amendment
Section 208(d)(6) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking If the
and all that follows and inserting:
(A) In general
If the Secretary of Homeland Security or the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4), the alien shall be permanently ineligible for any benefits under this chapter, effective as the date of the final determination of such an application.
(B) Criteria
An application is frivolous if the Secretary of Homeland Security or the Attorney General determines that the application—
(i)
is premised on any material elements that are knowingly fabricated; or
(ii)
is so insufficient in substance that it is clear that the applicant knowingly filed the application solely or in part to delay removal from the United States, to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph (2), or to seek issuance of a Notice to Appear to pursue Cancellation of Removal under section 240A(b).
(C) Sufficient Opportunity to Clarify
In determining that an application is frivolous, the Secretary or the Attorney General must be satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim.
(D) Withholding of Removal Not Precluded
A finding under this section that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3) or protection pursuant to the Convention Against Torture.
Sec. 109. Technical amendments
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended—
(1)
in subsection (a)—
(A)
in paragraph (2)(D), by inserting Secretary of Homeland Security or the
before Attorney General
; and
(B)
in paragraph (3), by inserting Secretary of Homeland Security or the
before Attorney General
;
(2)
in subsection (c)—
(A)
in paragraph (1), by striking Attorney General
each place such term appears and inserting Secretary of Homeland Security
;
(B)
in paragraph (2), in the matter preceding subparagraph (A), by inserting Secretary of Homeland Security or the
before Attorney General
; and
(C)
in paragraph (3), by inserting Secretary of Homeland Security or the
before Attorney General
; and
(3)
in subsection (d)—
(A)
in paragraph (1), by inserting Secretary of Homeland Security or the
before Attorney General
each place such term appears; and
(B)
in paragraph (5)—
(i)
in subparagraph (A), by striking Attorney General
and inserting Secretary of Homeland Security
; and
(ii)
in subparagraph (B), by inserting Secretary of Homeland Security or the
before Attorney General
.
Sec. 110. Requirement for procedures relating to certain asylum applications
(a) In general
Not later than 30 days after the date of the enactment of this Act, the Attorney General shall establish procedures to expedite the adjudication of asylum applications for aliens—
(1)
who are subject to removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a); and
(2)
who are nationals of a Western Hemisphere country sanctioned by the United States, as described in subsection (b), as of January 1, 2023.
(b) Western Hemisphere country sanctioned by the United States described
Subsection (a) shall apply only to an asylum application filed by an alien who is a national of a Western Hemisphere country subject to sanctions pursuant to—
(1)
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 note);
(2)
the Reinforcing Nicaragua's Adherence to Conditions for Electoral Reform Act of 2021 or the RENACER Act (50 U.S.C. 1701 note); or
(3)
Executive Order 13692 (80 Fed. Reg. 12747; declaring a national emergency with respect to the situation in Venezuela).
(c) Applicability
This section shall only apply to an alien who files an application for asylum after the date of the enactment of this Act.
Title II Border Safety and Migrant Protection
Sec. 201. Inspection of applicants for admission
Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended—
(1)
in subsection (b)—
(A)
in paragraph (1)—
(i)
in subparagraph (A)—
(I)
in clauses (i) and (ii), by striking section 212(a)(6)(C)
inserting subparagraph (A) or (C) of section 212(a)(6)
; and
(II)
by adding at the end the following:
(iv) Ineligibility for parole
An alien described in clause (i) or (ii) shall not be eligible for parole except as expressly authorized pursuant to section 212(d)(5), or for parole or release pursuant to section 236(a).; and
(ii)
in subparagraph (B)—
(I)
in clause (ii), by striking asylum.
and inserting asylum and shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3).
; and
(II)
in clause (iii)(IV)—
(aa)
in the header by striking detention
and inserting detention, return, or removal
; and
(bb)
by adding at the end the following: The alien shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3).
;
(B)
in paragraph (2)—
(i)
in subparagraph (A)—
(I)
by striking Subject to subparagraphs (B) and (C),
and inserting Subject to subparagraph (B) and paragraph (3),
; and
(II)
by adding at the end the following: The alien shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3).
; and
(ii)
by striking subparagraph (C);
(C)
by redesignating paragraph (3) and (4) as paragraphs (4) and (5), respectively;
(D)
by inserting after paragraph (2) the following:
(3) Return to foreign territory contiguous to the United States
(A) In general
The Secretary of Homeland Security may return to a foreign territory contiguous to the United States any alien arriving on land from that territory (whether or not at a designated port of entry) pending a proceeding under section 240 or review of a determination under subsection (b)(1)(B)(iii)(III).
(B) Mandatory return
If at any time the Secretary of Homeland Security cannot—
(i)
comply with its obligations to detain an alien as required under clauses (ii) and (iii)(IV) of subsection (b)(1)(B) and subsection (b)(2)(A); or
(ii)
remove an alien to a country described in section 208(a)(2)(A),
the Secretary of Homeland Security shall, without exception, including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5), return to a foreign territory contiguous to the United States any alien arriving on land from that territory (whether or not at a designated port of entry) pending a proceeding under section 240 or review of a determination under subsection (b)(1)(B)(iii)(III).; and
(E)
in paragraph (4), as redesignated, by striking (1) or (2)
and inserting (1), (2), or (3)
; and
(2)
by adding at the end the following:
(e) Authority To prohibit introduction of certain aliens
If the Secretary of Homeland Security determines, in his discretion, that the prohibition of the introduction of aliens who are inadmissible under subparagraph (A) or (C) of section 212(a)(6) or under section 212(a)(7) at an international land or maritime border of the United States is necessary to achieve operational control (as defined in section 2 of the Secure Fence Act of 2006 (8 U.S.C. 1701 note)) of such border, the Secretary may prohibit, in whole or in part, the introduction of such aliens at such border for such period of time as the Secretary determines is necessary for such purpose.
Title III Protection of Children
Sec. 301. Repatriation of unaccompanied alien children
Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended—
(1)
in subsection (a)—
(A)
in paragraph (2)—
(i)
by amending the heading to read as follows: Rules for unaccompanied alien children.—
;
(ii)
in subparagraph (A)—
(I)
in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States
;
(II)
in clause (i), by inserting and
at the end;
(III)
in clause (ii), by striking ; and
and inserting a period; and
(IV)
by striking clause (iii);
(iii)
in subparagraph (B)—
(I)
in the matter preceding clause (i), by striking (8 U.S.C. 1101 et seq.) may—
and inserting (8 U.S.C. 1101 et seq.)—
;
(II)
in clause (i), by inserting before permit such child to withdraw
the following: may
; and
(III)
in clause (ii), by inserting before return such child
the following: shall
; and
(iv)
in subparagraph (C)—
(I)
by amending the heading to read as follows: Agreements with foreign countries.—
; and
(II)
in the matter preceding clause (i), by striking The Secretary of State shall negotiate agreements between the United States and countries contiguous to the United States
and inserting The Secretary of State may negotiate agreements between the United States and any foreign country that the Secretary determines appropriate
; and
(B)
in paragraph (5)(D)—
(i)
in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2),
and inserting who does not meet the criteria listed in paragraph (2)(A)
; and
(ii)
in clause (i), by inserting before the semicolon at the end the following: , which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph (4)
;
(2)
in subsection (b)—
(A)
in paragraph (2)—
(i)
in subparagraph (A), by inserting before the semicolon the following: believed not to meet the criteria listed in subsection (a)(2)(A)
; and
(ii)
in subparagraph (B), by inserting before the period the following: and does not meet the criteria listed in subsection (a)(2)(A)
; and
(B)
in paragraph (3), by striking an unaccompanied alien child in custody shall
and all that follows, and inserting the following:
an unaccompanied alien child in custody—
(A)
in the case of a child who does not meet the criteria listed in subsection (a)(2)(A), shall transfer the custody of such child to the Secretary of Health and Human Services not later than 30 days after determining that such child is an unaccompanied alien child who does not meet such criteria; or
(B)
in the case of a child who meets the criteria listed in subsection (a)(2)(A), may transfer the custody of such child to the Secretary of Health and Human Services after determining that such child is an unaccompanied alien child who meets such criteria.; and
(3)
in subsection (c)—
(A)
in paragraph (3)—
(i)
by inserting at the end the following:
(D) Information about individuals with whom children are placed
(i) Information to be provided to homeland security
Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed and all adult residents of such individual’s household, information on—
(I)
the name of the individual;
(II)
the social security number of the individual;
(III)
the date of birth of the individual;
(IV)
the location of the individual’s residence where the child will be placed;
(V)
the immigration status of the individual, if known; and
(VI)
contact information for the individual.
(ii) Activities of the secretary of homeland security
Not later than 30 days after receiving the information listed in clause (i), the Secretary of Homeland Security, upon determining that an individual with whom a child is placed is unlawfully present in the United States and not in removal proceedings pursuant to chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.), shall initiate such removal proceedings.; and
(B)
in paragraph (5)—
(i)
by inserting after to the greatest extent practicable
the following: (at no expense to the Government)
; and
(ii)
by striking have counsel to represent them
and inserting have access to counsel to represent them
.
Sec. 302. Special immigrant juvenile status for immigrants unable to reunite with either parent
Section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended—
(1)
in clause (i), by striking , and whose reunification with 1 or both of the immigrant's parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law
; and
(2)
in clause (iii)—
(A)
in subclause (I), by striking and
at the end;
(B)
in subclause (II), by inserting and
after the semicolon; and
(C)
by adding at the end the following:
(III)
an alien may not be granted special immigrant status under this subparagraph if the alien’s reunification with any one parent or legal guardian is not precluded by abuse, neglect, abandonment, or any similar cause under State law;
Sec. 303. Rule of construction
Nothing in this title shall be construed to limit the following procedures or practices relating to an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))):
(1)
Screening of such a child for a credible fear of return to his or her country of origin.
(2)
Screening of such a child to determine whether he or she was a victim of trafficking.
(3)
Department of Health and Human Services policy in effect on the date of the enactment of this Act requiring a home study for such a child if he or she is under 12 years of age.
Title IV Ensuring United Families at the Border
Sec. 401. Clarification of standards for family detention
(a) In general
Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended by adding at the end the following:
(j) Construction
(1) In general
Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the detention of any alien child who is not an unaccompanied alien child shall be governed by sections 217, 235, 236, and 241 of the Immigration and Nationality Act (8 U.S.C. 1187, 1225, 1226, and 1231). There is no presumption that an alien child who is not an unaccompanied alien child should not be detained.
(2) Use of family residential centers
The Secretary of Homeland Security may detain family units of aliens at family residential centers pending a decision on whether the aliens are to be removed from the United States and, if such aliens are ordered removed from the United States, until such aliens are removed.
(3) Family detention
The Secretary of Homeland Security shall—
(A)
maintain the care and custody of an alien, during the period during which the charges described in clause (i) are pending, who—
(i)
is charged only with a misdemeanor offense under section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)); and
(ii)
entered the United States with the alien’s child who has not attained 18 years of age; and
(B)
detain the alien with the alien’s child.
(4) Family residential center defined
In this section, the term family residential center means a facility used by the Secretary of Homeland Security to detain family units of aliens (including alien children who are not unaccompanied alien children) who are encountered or apprehended by the Secretary.
(b) Sense of Congress
It is the sense of Congress that the amendments in this section to section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) are intended to satisfy the requirements of the Settlement Agreement in Flores v. Meese, No. 85–4544 (C.D. Cal), as approved by the court on January 28, 1997, with respect to its interpretation in Flores v. Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the agreement applies to accompanied minors.
(c) Effective date
The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to all actions that occur before, on, or after such date.
(d) Preemption of State licensing requirements
Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, no State may require that an immigration detention facility used to detain children who have not attained 18 years of age, or families consisting of one or more of such children and the parents or legal guardians of such children, that is located in that State, be licensed by the State or any political subdivision thereof.
Title V Visa Overstays Penalties
Sec. 501. Expanded penalties for illegal entry or presence
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is amended—
(1)
in subsection (a) by inserting after for a subsequent commission of any such offense
the following: or if the alien was previously convicted of an offense under subsection (e)(2)(A)
;
(2)
in subsection (b)—
(A)
in paragraph (1), by striking at least $50 and not more than $250
and inserting not less than $500 and not more than $1,000
; and
(B)
in paragraph (2), by inserting after in the case of an alien who has been previously subject to a civil penalty under this subsection
the following: or subsection (e)(2)(B)
; and
(3)
by adding at the end the following:
(e) Visa overstays
(1) In general
An alien who was admitted as a nonimmigrant has violated this paragraph if the alien, for an aggregate of 10 days or more, has failed—
(A)
to maintain the nonimmigrant status in which the alien was admitted, or to which it was changed under section 248, including complying with the period of stay authorized by the Secretary of Homeland Security in connection with such status; or
(B)
to comply otherwise with the conditions of such nonimmigrant status.
(2) Penalties
An alien who has violated paragraph (1)—
(A)
shall—
(i)
for the first commission of such a violation, be fined under title 18, United States Code, or imprisoned not more than 6 months, or both; and
(ii)
for a subsequent commission of such a violation, or if the alien was previously convicted of an offense under subsection (a), be fined under such title 18, or imprisoned not more than 2 years, or both; and
(B)
in addition to, and not in lieu of, any penalty under subparagraph (A) and any other criminal or civil penalties that may be imposed, shall be subject to a civil penalty of—
(i)
not less than $500 and not more than $1,000 for each violation; or
(ii)
twice the amount specified in clause (i), in the case of an alien who has been previously subject to a civil penalty under this subparagraph or subsection (b).
Title VI Immigration Parole Reform
Sec. 601. Immigration parole reform
Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended to read as follows:
(5)
(A)
Except as provided in subparagraphs (B) and (C) and section 214(f), the Secretary of Homeland Security, in the discretion of the Secretary, may temporarily parole into the United States any alien applying for admission to the United States who is not present in the United States, under such conditions as the Secretary may prescribe, on a case-by-case basis, and not according to eligibility criteria describing an entire class of potential parole recipients, for urgent humanitarian reasons or significant public benefit. Parole granted under this subparagraph may not be regarded as an admission of the alien. When the purposes of such parole have been served in the opinion of the Secretary, the alien shall immediately return or be returned to the custody from which the alien was paroled. After such return, the case of the alien shall be dealt with in the same manner as the case of any other applicant for admission to the United States.
(B)
The Secretary of Homeland Security may grant parole to any alien who—
(i)
is present in the United States without lawful immigration status;
(ii)
is the beneficiary of an approved petition under section 203(a);
(iii)
is not otherwise inadmissible or removable; and
(iv)
is the spouse or child of a member of the Armed Forces serving on active duty.
(C)
The Secretary of Homeland Security may grant parole to any alien—
(i)
who is a national of the Republic of Cuba and is living in the Republic of Cuba;
(ii)
who is the beneficiary of an approved petition under section 203(a);
(iii)
for whom an immigrant visa is not immediately available;
(iv)
who meets all eligibility requirements for an immigrant visa;
(v)
who is not otherwise inadmissible; and
(vi)
who is receiving a grant of parole in furtherance of the commitment of the United States to the minimum level of annual legal migration of Cuban nationals to the United States specified in the U.S.-Cuba Joint Communiqué on Migration, done at New York September 9, 1994, and reaffirmed in the Cuba-United States: Joint Statement on Normalization of Migration, Building on the Agreement of September 9, 1994, done at New York May 2, 1995.
(D)
The Secretary of Homeland Security may grant parole to an alien who is returned to a contiguous country under section 235(b)(3) to allow the alien to attend the alien’s immigration hearing. The grant of parole shall not exceed the time required for the alien to be escorted to, and attend, the alien’s immigration hearing scheduled on the same calendar day as the grant, and to immediately thereafter be escorted back to the contiguous country. A grant of parole under this subparagraph shall not be considered for purposes of determining whether the alien is inadmissible under this Act.
(E)
For purposes of determining an alien’s eligibility for parole under subparagraph (A), an urgent humanitarian reason shall be limited to circumstances in which the alien establishes that—
(i)
(I)
the alien has a medical emergency; and
(II)
(aa)
the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or
(bb)
the medical emergency is life-threatening and there is insufficient time for the alien to be admitted to the United States through the normal visa process;
(ii)
the alien is the parent or legal guardian of an alien described in clause (i) and the alien described in clause (i) is a minor;
(iii)
the alien is needed in the United States in order to donate an organ or other tissue for transplant and there is insufficient time for the alien to be admitted to the United States through the normal visa process;
(iv)
the alien has a close family member in the United States whose death is imminent and the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted to the United States through the normal visa process;
(v)
the alien is seeking to attend the funeral of a close family member and the alien could not arrive in the United States in time to attend such funeral if the alien were to be admitted to the United States through the normal visa process;
(vi)
the alien is an adopted child with an urgent medical condition who is in the legal custody of the petitioner for a final adoption-related visa and whose medical treatment is required before the expected award of a final adoption-related visa; or
(vii)
the alien is a lawful applicant for adjustment of status under section 245 and is returning to the United States after temporary travel abroad.
(F)
For purposes of determining an alien's eligibility for parole under subparagraph (A), a significant public benefit may be determined to result from the parole of an alien only if—
(i)
the alien has assisted (or will assist, whether knowingly or not) the United States Government in a law enforcement matter;
(ii)
the alien’s presence is required by the Government in furtherance of such law enforcement matter; and
(iii)
the alien is inadmissible, does not satisfy the eligibility requirements for admission as a nonimmigrant, or there is insufficient time for the alien to be admitted to the United States through the normal visa process.
(G)
For purposes of determining an alien's eligibility for parole under subparagraph (A), the term case-by-case basis means that the facts in each individual case are considered and parole is not granted based on membership in a defined class of aliens to be granted parole. The fact that aliens are considered for or granted parole one-by-one and not as a group is not sufficient to establish that the parole decision is made on a case-by-case basis.
(H)
The Secretary of Homeland Security may not use the parole authority under this paragraph to parole an alien into the United States for any reason or purpose other than those described in subparagraphs (B), (C), (D), (E), and (F).
(I)
An alien granted parole may not accept employment, except that an alien granted parole pursuant to subparagraph (B) or (C) is authorized to accept employment for the duration of the parole, as evidenced by an employment authorization document issued by the Secretary of Homeland Security.
(J)
Parole granted after a departure from the United States shall not be regarded as an admission of the alien. An alien granted parole, whether as an initial grant of parole or parole upon reentry into the United States, is not eligible to adjust status to lawful permanent residence or for any other immigration benefit if the immigration status the alien had at the time of departure did not authorize the alien to adjust status or to be eligible for such benefit.
(K)
(i)
Except as provided in clauses (ii) and (iii), parole shall be granted to an alien under this paragraph for the shorter of—
(I)
a period of sufficient length to accomplish the activity described in subparagraph (D), (E), or (F) for which the alien was granted parole; or
(II)
1 year.
(ii)
Grants of parole pursuant to subparagraph (A) may be extended once, in the discretion of the Secretary, for an additional period that is the shorter of—
(I)
the period that is necessary to accomplish the activity described in subparagraph (E) or (F) for which the alien was granted parole; or
(II)
1 year.
(iii)
Aliens who have a pending application to adjust status to permanent residence under section 245 may request extensions of parole under this paragraph, in 1-year increments, until the application for adjustment has been adjudicated. Such parole shall terminate immediately upon the denial of such adjustment application.
(L)
Not later than 90 days after the last day of each fiscal year, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives and make available to the public, a report—
(i)
identifying the total number of aliens paroled into the United States under this paragraph during the previous fiscal year; and
(ii)
containing information and data regarding all aliens paroled during such fiscal year, including—
(I)
the duration of parole;
(II)
the type of parole; and
(III)
the current status of the aliens so paroled.
Sec. 602. Implementation
(a) In general
Except as provided in subsection (b), this title and the amendments made by this title shall take effect on the date that is 30 days after the date of the enactment of this title.
(b) Exceptions
Notwithstanding subsection (a), each of the following exceptions apply:
(1)
Any application for parole or advance parole filed by an alien before the date of the enactment of this title shall be adjudicated under the law that was in effect on the date on which the application was properly filed and any approved advance parole shall remain valid under the law that was in effect on the date on which the advance parole was approved.
(2)
Section 212(d)(5)(J) of the Immigration and Nationality Act, as added by this Act, shall take effect on the date of the enactment of this title.
(3)
Aliens who were paroled into the United States pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall continue to be subject to the terms of parole that were in effect on the date on which their respective parole was approved.