Asylum Abuse Reduction Act

[SWMissourian]

Senators Chen and Van Horn, for themselves (and with thanks to Senator Inhofe), introduced the following bill: 

 

A BILL

To require asylum officers to conduct credible fear screenings before admitting aliens seeking asylum into the United States, to direct the Secretary of Homeland Security to establish an alternatives to detention pilot program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Asylum Abuse Reduction Act”.

 

SEC. 2. ASYLUM INTERVIEWS.

(a) Border Crossings.—If an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry documents, the immigration officer who is inspecting such alien—

(1) may not admit such alien into the United States; and

(2) shall advise such alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico.

(b) Credible Fear Screenings.—An alien described in subsection (a) may not be admitted into the United States unless an asylum officer stationed at a United States embassy or consulate—

(1) has conducted an in-person interview with the alien; and

(2) as a result of the interview conducted under paragraph (1), has concluded that the alien—

(A) has been persecuted in the alien’s country of origin on account of the alien’s race, religion, nationality, membership in a particular social group, or political opinion if the alien returned to such country; or

(B) would be subject to torture if the alien returned to his or her country of origin.

 

SEC. 3. CRIMINAL BENCH WARRANTS.

(a) Issuance.—Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)).

(b) Probable Cause.—A warrant of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) that has been in existence 90 days or more shall constitute prima facie evidence of probable cause to issue a warrant under subsection (a).

 

SEC. 4. ALTERNATIVES TO DETENTION PILOT PROGRAM.

(a) Establishment.—The Secretary of Homeland Security, in consultation with the Director of U.S. Immigration and Customs Enforcement, shall establish an alternatives to detention pilot program in which aliens may be released to the supervision of a qualified organization that has entered into a contract with the Federal Government to facilitate the compliance of such aliens with all stages of the immigration proceedings.

(b) Requirements.—An alien may not participate in the pilot program established under subsection (a) unless the alien—

(1) certifies that he or she will comply with all stages of the immigration proceedings, including removal, if ordered;

(2) acknowledges that he or she is only entitled to a single appeal of a decision by an immigration judge; and

(3) signs a privacy waiver.

(c) Consequences Of Breach.—An alien who fails to comply with the requirements under subsection (b) may be subjected to a warrant of arrest, detention, and expedited removal proceedings.

(d) Performance Metrics.—The Secretary of Homeland Security, in consultation with the Director of U.S. Immigration and Customs Enforcement, shall develop performance metrics to ensure that organizations that enter into a contract pursuant to subsection (a) are complying with performance standards. Such metrics should include, with respect to aliens released to the supervision of an organization—

(1) absconsion rate;

(2) arrest rate;

(3) rate of completion of immigration case, include removal; and

(4) other metrics that the Secretary determines are related to compliance with performance standards.

(e) Penalties.—If an organization that has entered into a contract pursuant to subsection (a) fails to comply with the performance standards required by such contract, the Secretary may—

(1) require funds paid to the organization for any period of noncompliance to be returned;

(2) terminate the contract with the organization; or

(3) impose any other penalty authorized by the contract.

(f) Report.—The Secretary of Homeland Security shall submit a report to the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives on the implementation of the alternatives to detention pilot program established under this section.

 

PES: 

This bill provides that if an alien seeking asylum attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or appropriate entry documents the inspecting immigration officer: 

• may not admit the alien, and 
• shall advise the alien to schedule an asylum hearing at a U.S. embassy or consulate in Canada or Mexico. 

Such alien may not be admitted into the United States unless the asylum officer has conducted an in-person interview and concluded that the alien: 

• has been persecuted in his or her country of origin because of race, religion, nationality, social group membership, or political opinion; or 
• would be subject to torture upon return. 

The bill requires each federal judicial district to appoint at least one magistrate or district court judge who, upon a showing of probable cause, shall issue an arrest warrant for an alien under a final removal order who has failed to leave the United States.

The Department of Homeland Security shall establish an alternative to detention pilot program in which aliens may be released to the supervision of a qualified organization that has contracted with the federal government to facilitate such aliens' compliance with all stages of the immigration proceedings. An alien who fails to comply with program requirements may be subjected to arrest, detention, and expedited removal.

[Baudin]

CS

[Anthony]

CS

[micgat23]

CS