Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB112

Introduced
1/16/25  

Caption

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.)

Impact

The implications of SB112 are profound, as it would alter the landscape of U.S. immigration policy by creating a legally binding requirement for the MPP. Proponents argue that this will deter illegal crossings and enhance the integrity of the asylum process. Supporters believe that maintaining asylum seekers in Mexico will reduce the influx at the border and allow for a more orderly processing system. This change could also lead to a substantial change in how the U.S. engages with Mexico regarding immigration matters, potentially straining relations if adequate support systems are not established for asylum seekers waiting in Mexico.

Summary

SB112, known as the 'Make the Migrant Protection Protocols Mandatory Act of 2025', seeks to amend the Immigration and Nationality Act to enforce the mandatory implementation of the Migrant Protection Protocols (MPP). This legislation stands as an effort to bolster border security by ensuring that individuals seeking asylum must remain in Mexico while their claims are processed in the United States. The amendment is a significant shift from the optional nature of the protocols as outlined in the current law, where the term 'may' is replaced with 'shall'.

Contention

However, the bill is likely to be met with significant opposition. Critics assert that mandatory protocols could violate humanitarian commitments and endanger the lives of individuals fleeing violence and persecution. There are concerns about the capability of the Mexican government to provide adequate support and safety for these individuals. The potential for increased litigation and humanitarian concerns may create a contentious debate within Congress and among advocacy groups. Balancing national security interests with humanitarian obligations will likely be a central point of contention for lawmakers.

Congress_id

119-S-112

Policy_area

Immigration

Introduced_date

2025-01-16

Companion Bills

US HB551

Identical bill Make the Migrant Protection Protocols Mandatory Act of 2025

Previously Filed As

US HB86

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.

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 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 HB8679

To include the Czech Republic in the list of foreign states whose nationals are eligible for admission into the United States as E-1 nonimmigrants if United States nationals are treated similarly by the Government of the Czech Republic.

US SR740

A resolution acknowledging and apologizing for the mistreatment of, and discrimination against, lesbian, gay, bisexual, and transgender individuals who served the United States in the uniformed services, the Foreign Services, and the Federal civil service.

US HB7521

Protecting Americans from Foreign Adversary Controlled Applications Act

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.

US SB5577

A bill to amend title 11, United States Code, to add a bankruptcy chapter relating to the debt of individuals, and for other purposes.

US SB5511

A bill to amend the Older Americans Act of 1965 to provide additional opportunities for older individuals to volunteer at facilities that serve older individuals or individuals in younger generations, and for other purposes.

US HB10500

To amend title 11, United States Code, to add a bankruptcy chapter relating to the debt of individuals, and for other purposes.

Similar Bills

No similar bills found.