US Federal 2023-2024 Regular Session

US Federal House Bill HB86

Introduced
1/9/23  

Caption

Ending Catch and Release Act of 2023 This bill changes the treatment of certain non-U.S. nationals (aliens under federal law) without lawful immigration status, including by prohibiting the release of asylum seekers into the United States while their cases are pending. The Department of Homeland Security (DHS) may not (with some exceptions) release an individual who is not clearly entitled to admission into the United States while the individual's case is pending, even if the individual is an asylum seeker. DHS may instead detain the individual or return the individual to a neighboring country in certain situations. The bill also expands expedited removal from the United States (i.e., removal without further hearing or review) to include individuals present in the United States without being admitted, with certain exceptions. Under current law, individuals are subject to expedited removal if they lack proper documentation or obtained an immigration benefit through fraud; such individuals are still subject to expedited removal under the bill. The bill also modifies the standard for establishing a credible fear of persecution to avoid expedited removal. Generally, an asylum seeker may avoid expedited removal if an asylum officer finds such a credible fear. Under this bill, an officer may find credible fear if it is more likely than not the individual can establish their eligibility for asylum, whereas under current law, the officer may find credible fear if there is a significant possibility that the individual can establish their eligibility.

Companion Bills

No companion bills found.

Previously Filed As

US HB190

Sending Evading Non-Documented Threats Home Especially Migrants Biden Accepted Carelessly and Knowingly Act of 2025 or the SEND THEM BACK Act of 2025This bill subjects non-U.S. nationals (aliens under federal law) who illegally entered the United States on or after January 20, 2021, to expedited removal (i.e., removal without further hearing or review). This applies even if such an individual indicated an intention to apply for asylum or expressed a fear of persecution. The bill does not apply to an individual serving in the Armed Forces as of January 1, 2025.

US HB29

Border Safety and Security Act of 2023 This bill requires the Department of Homeland Security (DHS) to suspend the entry of any non-U.S. nationals (aliens under federal law) without valid entry documents during any period when DHS cannot detain such an individual or return the individual to a foreign country contiguous to the United States. A state may sue DHS to enforce this requirement. (Under current law, non-U.S. nationals who arrive at the border without entry documents are generally subject to expedited removal. However, if such an individual is found to have a credible fear of persecution, they are typically subject to detention while their asylum claim is being considered.) The bill also authorizes DHS to suspend the entry of non-U.S. nationals without entry documents at the border if DHS determines that such a suspension is necessary to achieve operational control over such a border.

US HB218

Expedited Removal Codification Act of 2023 This bill provides statutory authority for a July 23, 2019, Department of Homeland Security (DHS) notice that expanded the classes of non-U.S. nationals (aliens under federal law) who are subject to expedited removal (i.e., removal without further hearing or review). DHS published another notice on March 21, 2022, rescinding the July 2019 notice. Thus, this bill in effect restores the expanded version of expedited removal under the July 2019 notice. The July 2019 notice expanded expedited removal to cover certain inadmissible non-U.S. nationals who were apprehended in any part of the United States and who have been in the United States for less than two years. By contrast, with the March 2022 rescission, expedited removal is generally limited to certain inadmissible non-U.S. nationals apprehended near or at a border.

US HB698

Asylum Accountability Act This bill permanently bars a non-U.S. national (alien under federal law) from receiving certain immigration-related relief if that individual is ordered removed from the United States after failing to appear at a removal proceeding, unless that failure to appear is due to exceptional circumstances. (Currently, this bar from relief is for 10 years.) Under this bill, such an individual shall be permanently barred from receiving discretionary relief under specified immigration provisions, such as (1) cancellation of removal and adjustment to lawful permanent resident status, (2) being allowed to voluntarily depart from the United States, or (3) being allowed to change from one nonimmigrant classification to another.

US SB112

Make the Migrant Protection Protocols Mandatory Act of 2025This bill requires the Department of Justice (DOJ) to remove certain non-U.S. nationals (aliens under federal law) from the United States while such an individual's application for admission is pending.Specifically, if such an individual arrived by land from a foreign country bordering the United States and the individual is not clearly and beyond a doubt entitled to admission into the United States, DOJ must return that individual to that bordering foreign country while the individual's application for admission is pending. (Currently, DOJ may choose to detain such an individual or return the individual to the bordering foreign country while the application for admission is pending.)

US HB116

Stopping Border Surges Act This bill modifies immigration law provisions relating to unaccompanied alien minors and to asylum seekers.The bill requires the Department of Homeland Security (DHS) to repatriate certain unaccompanied, inadmissible alien children, generally those not at risk of being trafficking victims nor having a fear of persecution. Currently, only inadmissible unaccompanied aliens from neighboring countries are subject to repatriation, and DHS has discretion whether to repatriate.When the Department of Health and Human Services releases an unaccompanied child to an individual, it shall provide DHS with certain information about that individual, including Social Security number and immigration status.The bill requires a stricter standard to find a credible fear of persecution and imposes additional rules on credible fear interviews.If an alien is granted asylum because of fear of persecution in a country, the alien shall be deemed to have renounced asylum status by returning to that country, if there has been no change in the country's conditions.The bill also (1) expands the definition of what constitutes a frivolous asylum application, (2) imposes additional limitations on eligibility for asylum, (3) shortens the deadline for applying for asylum, and (4) extends the time period an alien seeking asylum must wait before receiving employment authorization.Any individual who knowingly and willfully makes materially false statements or uses fraudulent documents in asylum-related proceedings shall be fined or imprisoned up to 10 years, or both.

US HB63

Grant Relief for American Children's Elevation Act of 2023 or the GRACE Act This bill establishes that an exceptional and extremely unusual hardship includes a hardship resulting from a removal (or deportation) that separates the individual subject to removal from a family member who is a U.S. citizen, a lawful permanent resident, or lawfully admitted into the United States. Under current law, the Department of Homeland Security may cancel the removal of a non-U.S. national (alien under federal law) if the removal would result in an exceptional and extremely unusual hardship to an immediate relative who is a U.S. citizen or lawful permanent resident.

US SB62

America First ActThis bill limits the eligibility of certain non-U.S. nationals (aliens under federal law) for various federal benefits and grants, makes permanent the child tax credit increase, and requires individuals to provide evidence of satisfactory immigration status prior to receiving specified benefits.The bill prohibits asylees, parolees, and individuals withheld from removal from receiving certain federal benefits, including Medicaid, Temporary Assistance for Needy Families, the Supplemental Nutritional Assistance Program (SNAP), and Supplemental Security Income. The bill further restricts on the basis of immigration status benefits under federal health programs such as Medicare, emergency disaster relief, housing assistance, food assistance, early childhood assistance, student aid, and Community Development Block Grants.The bill also makes permanent the increase in the child tax credit set to expire at the end of 2025. In addition, this tax credit and the earned income tax credit are not available to asylees, parolees, individuals granted temporary protected status, individuals withheld from removal, individuals granted deferred action for childhood arrivals (DACA) status, and non-U.S. nationals with employment-based immigrant visas.Federal aid is reduced for elementary and secondary education by 50% annually to jurisdictions that do not assist federal immigration enforcement actions (deemed sanctuary jurisdictions under the bill).The bill also removes statutory exemptions for Haitian entrants that allows such entrants to receive various aid.Certain benefits are prohibited, including Medicaid and SNAP, until an applicant’s satisfactory immigration status is proved.The bill prohibits tax-exempt 501(c)(3) charitable organizations from using federal funds to support certain non-U.S. nationals.

US HB175

Deport Alien Gang Members ActThis bill makes non-U.S. nationals (aliens under federal law) associated with criminal gangs inadmissible for entry into the United States and deportable. The bill also establishes procedures to designate groups as criminal gangs.An individual shall be inadmissible if certain officers or agencies know or have reason to believe that the individual is or was a criminal gang member or has participated or aided such a group's illegal activities. An individual who is or was a member of such a gang, has participated or aided such a group's illegal activities, or seeks to enter or has entered the United States in furtherance of such activity shall be deportable.Such individuals must be subject to mandatory detention. Furthermore, such individuals shall not be eligible for (1) asylum; (2) temporary protected status; (3) special immigrant juvenile visas; or (4) parole, unless they are assisting the government in a law enforcement matter.The bill defines a criminal gang as a group of five or more persons (1) where one of its primary purposes is committing specified criminal offenses and its members have engaged in a continuing series of such offenses within the past five years, or (2) that has been designated as a criminal gang by the Department of Homeland Security (DHS).The bill also establishes procedures for DHS to designate a group as a criminal gang, including notifying Congress, publishing a notice in the Federal Register, and providing an opportunity for the group to petition for review of the designation.

US SB72

Justice for Jocelyn ActThis bill limits Immigration and Customs Enforcement’s (ICE’s) Alternatives to Detention program, which supervises non-U.S. nationals (aliens under federal law) subject to removal who are released from the custody of the Department of Homeland Security (DHS). Specifically, releases under this program are prohibited unless all detention beds are filled and DHS found no alternatives after exercising and exhausting all reasonable options.The bill requires all individuals on ICE’s nondetained docket to be enrolled in the program and be subject to continuous GPS monitoring and curfew.Further, the bill requires a non-U.S. national who was arrested and released to be removed in absentia if an immigration officer submits an affidavit to an immigration judge stating that the individual failed to comply with a condition of release.

Similar Bills

No similar bills found.