Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB348

Introduced
2/9/23  

Caption

Asylum Abuse Reduction Act

Impact

The introduction of this bill would result in significant changes to federal immigration law, specifically concerning how asylum applications are initiated. By mandating that asylum seekers first undergo screenings at foreign embassies rather than presenting themselves at the U.S. border, the bill aims to reduce fraudulent claims and streamline the asylum process. This could lead to a decrease in the number of individuals entering the U.S. who do not meet the required criteria for asylum.

Summary

SB348, titled the 'Asylum Abuse Reduction Act', seeks to modify existing procedures regarding the processing of asylum seekers at U.S. borders. It stipulates that individuals attempting to enter the United States from Canada or Mexico without valid documentation must schedule an asylum hearing at a U.S. embassy or consulate in those countries. The bill intends to enforce stricter controls at the border by preventing immediate entry for asylum seekers unless they've undergone credible fear screenings conducted by embassy personnel.

Contention

Critics of SB348 argue that the bill could result in refugees being deterred from seeking protection in the United States, as the requirement to apply from overseas may impose significant barriers, particularly for individuals fleeing immediate danger. There is concern that this new procedure may prioritize bureaucratic efficiency over humanitarian protections. Additionally, the potential for increased burdens on U.S. embassies and consulates could strain resources and affect diplomatic relations with neighboring countries.

Companion Bills

US HB469

Same As Asylum Abuse Reduction Act This bill places restrictions on non-U.S. nationals (aliens under federal law) seeking asylum and contains provisions related to immigration enforcement. Under this bill, an asylum seeker who arrives at a U.S. land port of entry without entry documents may not be admitted unless an asylum officer at a U.S. embassy or consulate has interviewed the individual and has concluded that the individual (1) has been persecuted in the alien's country of nationality due to their race, religion, or other characteristics; (2) has a credible fear of persecution if they returned to that country; or (3) would be tortured by the government upon return to that country. (Currently, an individual arriving at a port of entry may apply for asylum and an immigration officer there typically will conduct a credible fear interview.) Furthermore, an individual who traveled through a third country to enter the United States through the southern border shall be ineligible for asylum unless (1) the individual has applied for and been denied asylum or protection in that third country, (2) the individual was a victim of severe human trafficking, or (3) the third country is not party to certain international agreements relating to refugees. Each federal judicial district shall appoint at least one judge to issue arrest warrants for individuals violating orders to depart, upon a showing of probable cause. Under this bill, the Flores agreement (a lawsuit settlement which imposes various requirements relating to the treatment of minors detained for immigration-related purposes) shall not apply.

Previously Filed As

US HB469

Asylum Abuse Reduction Act This bill places restrictions on non-U.S. nationals (aliens under federal law) seeking asylum and contains provisions related to immigration enforcement. Under this bill, an asylum seeker who arrives at a U.S. land port of entry without entry documents may not be admitted unless an asylum officer at a U.S. embassy or consulate has interviewed the individual and has concluded that the individual (1) has been persecuted in the alien's country of nationality due to their race, religion, or other characteristics; (2) has a credible fear of persecution if they returned to that country; or (3) would be tortured by the government upon return to that country. (Currently, an individual arriving at a port of entry may apply for asylum and an immigration officer there typically will conduct a credible fear interview.) Furthermore, an individual who traveled through a third country to enter the United States through the southern border shall be ineligible for asylum unless (1) the individual has applied for and been denied asylum or protection in that third country, (2) the individual was a victim of severe human trafficking, or (3) the third country is not party to certain international agreements relating to refugees. Each federal judicial district shall appoint at least one judge to issue arrest warrants for individuals violating orders to depart, upon a showing of probable cause. Under this bill, the Flores agreement (a lawsuit settlement which imposes various requirements relating to the treatment of minors detained for immigration-related purposes) shall not apply.

US SB255

Asylum Seeker Work Authorization Act of 2023

US HB1183

Asylum Reform and Border Protection Act of 2023

US HB3217

USA Act of 2023 Updated Standards for Asylum Act of 2023

US SB2905

No Asylum for CCP Spies Act

US HB5651

No Asylum for CCP Spies Act

US HB2640

Border Security and Enforcement Act of 2023 Legal Workforce Act Immigration Parole Reform Act of 2023 Visa Overstays Penalties Act Protection of Children Act of 2023 Ensuring United Families at the Border Act Border Safety and Migrant Protection Act of 2023 Asylum Reform and Border Protection Act of 2023

US HB921

No Asylum for Criminals Act of 2023

US SB367

ECON Act Economic and Commercial Opportunities and Networks Act of 2023

US HB2

Secure the Border Act of 2023 This bill addresses issues regarding immigration and border security, including by imposing limits to asylum eligibility. For example, the bill requires the Department of Homeland Security (DHS) to resume activities to construct a wall along the U.S.-Mexico border; provides statutory authorization for Operation Stonegarden, which provides grants to law enforcement agencies for certain border security operations; prohibits DHS from processing the entry of non-U.S. nationals (aliens under federal law) arriving between ports of entry; limits asylum eligibility to non-U.S. nationals who arrive in the United States at a port of entry; authorizes the removal of a non-U.S. national to a country other than that individual's country of nationality or last lawful habitual residence, whereas currently this type of removal may only be to a country that has an agreement with the United States for such removal; expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for driving while intoxicated causing another person's serious bodily injury or death; authorizes DHS to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border; prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors; authorizes immigration officers to permit an unaccompanied alien child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application; imposes additional penalties for overstaying a visa; and requires DHS to create an electronic employment eligibility confirmation system modeled after the E-Verify system and requires all employers to use the system.

Similar Bills

No similar bills found.