Ending Catch and Release Act of 2025This 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.
The proposed changes under HB 57 would mean that asylum seekers cannot be paroled or released into the U.S. and must be either detained or returned to their country of arrival while their claims are processed. This would align with the government's interest in ensuring that asylum applicants do not enter the country while their immigration status is unresolved. The bill also introduces a stated timeframe of 72 hours within which the Secretary of Homeland Security must remove individuals who are not granted parole, further tightening the regulations surrounding detention and processing of asylum claims.
House Bill 57, titled the 'Ending Catch and Release Act of 2025', proposes significant amendments to the Immigration and Nationality Act concerning the handling of asylum applicants at the U.S. border. The bill aims to eliminate the practice of 'catch and release', which allows asylum seekers to be released into the U.S. while they await the processing of their claims. Instead, the bill mandates that asylum applicants be detained and establishes stricter rules regarding their detention and potential return to neighboring countries if they arrive from there.
The bill has generated significant debate regarding its implications for human rights and functioning of the asylum system in the U.S. Proponents argue it will enhance border security and eliminate the abuses of the catch and release policy, pointing out concerns over potential fraud and misuse of the asylum system by individuals who have no valid claim. In contrast, opponents criticize the bill's approach as overly punitive, fearing it could lead to the denial of due process for many asylum seekers and not considering the humanitarian aspects of their situations, such as fleeing violence or persecution.
Overall, HB 57 represents a substantial shift in U.S. immigration policy with potential consequences for future asylum applicants and the broader immigration landscape. The discussions surrounding this bill are reflective of broader national debates about immigration enforcement, border security, and human rights.