Criminal Alien Gang Member Removal Act This 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 with criminal gang status. An individual shall be inadmissible if a consular officer, the Department of Homeland Security (DHS), or the Department of Justice knows or has 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, or has participated or aided such a group's illegal activities, 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 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 administrative and judicial review of the designation.
Significant Transnational Criminal Organization Designation Act This bill makes membership in a significant transnational criminal organization a ground for inadmissibility into the United States and provides for criminal penalties against those that provide material support to such an organization. The bar against admission applies to a non-U.S. national (alien under federal law) who is a member of such an organization and such an individual's non-U.S. national spouse or child. The bar shall not apply to a spouse or child who (1) did not know, or should not reasonably have known, that the individual was a member of such an organization; or (2) has renounced the organization in question. The bill establishes statutory authority and procedures for the Department of Justice to designate an organization a significant transnational criminal organization. The Department of the Treasury may require U.S. financial institutions to block transactions involving assets belonging to such an organization. An individual who knowingly provides material support or resources to a significant transnational criminal organization (or attempts or conspires to do so) shall be fined, imprisoned for up to 20 years, or both. If the death of any person is the result, the offending individual may be imprisoned for any term of years or for life. A financial institution that becomes aware that it possesses or controls funds belonging to such an organization shall retain such funds and notify Treasury.
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.
American Dream and Promise Act of 2023 This bill provides certain non-U.S. nationals (aliens under federal law) with a path to receive permanent resident status and contains other immigration-related provisions. The Department of Homeland Security (DHS) or the Department of Justice (DOJ) shall provide conditional permanent resident status for 10 years to a qualifying individual who entered the United States as a minor and (1) is deportable or inadmissible, (2) has deferred enforced departure (DED) status or temporary protected status (TPS), or (3) is the child of certain classes of nonimmigrants. The bill imposes various qualifying requirements, such as the individual being continuously physically present in the United States since January 1, 2021, passing a background check, and being enrolled in or having completed certain educational programs. DHS shall remove the conditions placed on permanent resident status granted under this bill if the alien applies and meets certain requirements, such as completing certain programs at an educational institution, serving in the military, or being employed. Furthermore, DHS and DOJ shall provide lawful permanent resident status to certain individuals who had TPS, were eligible for TPS, or were eligible for DED status on certain dates. Such individuals must meet certain requirements and apply for such status within three years of this bill's enactment. DHS may not use information from applications filed under this bill or for Deferred Action for Childhood Arrivals status for immigration enforcement purposes. This bill also repeals a restriction that bars a state from providing higher education benefits to undocumented individuals unless those benefits are available to all U.S. nationals without regard to residency in the state.
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.
Preventing Child Sex Abuse Act of 2023 This bill makes changes to the federal law prohibiting child sexual tourism. First, the bill revises the specific intent required for certain offenses involving interstate or foreign travel to engage in or facilitate illicit sexual conduct. Specifically, this bill requires the government to prove that an individual traveled (or facilitated travel) with the intent to engage in illicit sexual conduct (currently, with a motivating purpose of engaging in illicit sexual conduct). Further, it specifies that the term intent is to be construed as any intention to engage in illicit sexual conduct at the time of the travel. Second, the bill establishes new criminal offenses for acts in furtherance of illicit sexual conduct by an officer, director, employee, or agent of an organization through his or her connection to or affiliation with the organization. A violation is subject to a fine, a prison term of up to 30 years, or both. Finally, the bill specifies that the term sexual activity for which any person can be charged with a criminal offense does not require interpersonal physical contact.
Illegal Alien NICS Alert Act This bill requires the national instant criminal background check system to notify U.S. Immigration and Customs Enforcement and relevant state and local law enforcement agencies when the system indicates that a prospective firearm transferee is illegally or unlawfully in the United States.
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.
Protect Communities from a Porous Border Act of 2023 This bill requires the Department of Homeland Security (DHS) to notify a state before placing a non-U.S. national (alien under federal law) in that state and gives the state final authority to prohibit such a placement. At least 10 business days before placing (e.g., detaining or housing) such an individual in a state, DHS must provide certain information to that state, including (1) the individual's biographic and biometric information, including DNA; and (2) a certification that the biometric and biographic information has been checked in various law enforcement and counterterrorism databases. No federal court shall have jurisdiction to review (1) the requirements and procedures established under this bill, or (2) a decision by a state to prohibit the placement of such an individual in the state. The bill also prohibits any federal official from waiving any of the bill's requirements.
Safeguards Ensuring Criminal and Unvetted Refugees don't Enter America Act or the SECURE America Act This bill imposes restrictions on the admission of aliens, including refugees, and addresses related issues. Specifically, no refugees may be admitted until Congress enacts a joint resolution setting the maximum number of refugees allowed to be admitted in a particular fiscal year. Currently, that number is set each fiscal year by the President. The Department of Homeland Security (DHS) must notify Congress at least 30 days before determining that an alien or class of aliens is eligible for refugee status. Congress may nullify the determination by enacting a joint resolution of disapproval. Further, an alien shall be inadmissible for holding certain beliefs, such as (1) believing that a system of religious law should be implemented in the United States, (2) believing that the alien does not need to learn English if the alien is not already fluent, or (3) any belief that the Department of State determines is incompatible with the principles of the United States. DHS may not parole into the United States an alien who does not have status under immigration law. Currently, DHS may provide parole in certain instances, including for urgent humanitarian reasons. Federal agencies must notify a state at least 30 days before resettling a refugee in that state. The refugee may not be resettled in that state if the state expresses disapproval. An alien who has committed a crime of violence (generally one involving the use or threat of physical violence against person or property) may not be eligible for refugee status and must be removed.