I 

118TH CONGRESS 

1ST SESSION H. R. 86 

To amend the Immigration and Nationality Act with respect to the parole 

or release of an asylum applicant, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. BIGGS introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act with respect 

to the parole or release of an asylum applicant, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ending Catch and Re5 lease Act of 2023’’. 

6 SEC. 2. INSPECTION OF APPLICANTS FOR ADMISSION. 

7 Section 235(b) of the Immigration and Nationality 

8 Act (8 U.S.C. 1225(b)) is amended by— 

9 (1) in paragraph (1)— 

10 (A) in subparagraph (A)— 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 86 IH

1 (i) in clause (i)— 

2 (I) by striking ‘‘section 

3 212(a)(6)(C)’’ and inserting ‘‘section 

4 212(a)(6)(A), 212(a)(6)(C), or’’; and 

5 (II) by striking the period at the 

6 end and inserting ‘‘. The Secretary 

7 may not parole or otherwise release 

8 the alien into the United States.’’; and 

9 (ii) in clause (ii)— 

10 (I) by striking ‘‘section 

11 212(a)(6)(C)’’ and inserting ‘‘section 

12 212(a)(6)(A), 212(a)(6)(C), or’’; and 

13 (II) by striking the period at the 

14 end and inserting ‘‘. The Secretary 

15 may not parole or otherwise release 

16 the alien into the United States.’’; and 

17 (B) in subparagraph (B)— 

18 (i) in clause (i), by striking ‘‘Attorney 

19 General’’ and inserting ‘‘Secretary’’; 

20 (ii) in clause (ii), by striking ‘‘the 

21 alien shall be detained for further consider22 ation of the application for asylum’’ and 

23 inserting ‘‘the alien shall either be detained 

24 for further consideration of the application 

25 for asylum by an immigration judge or if 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 86 IH

1 the alien arrived on land from a foreign 

2 territory contiguous to the United States, 

3 be returned to that territory for further 

4 consideration of the application for asylum 

5 by an immigration judge. The Secretary 

6 may not parole or otherwise release the 

7 alien into the United States’’; 

8 (iii) in clause (iii)— 

9 (I) in subclause (I), by striking 

10 the period at the end and adding ‘‘. 

11 The Secretary shall remove the alien 

12 within 72 hours. If the alien cannot 

13 be removed, the alien shall be de14 tained until removed. The Secretary 

15 may not parole or otherwise release 

16 the alien into the United States.’’; 

17 (II) in subclause (II), by striking 

18 ‘‘has not’’ and inserting ‘‘has or has 

19 not’’; and 

20 (III) in subclause (IV), by strik21 ing the period at the end and insert22 ing ‘‘. The Secretary may not parole 

23 or otherwise release the alien into the 

24 United States.’’; and 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 86 IH

1 (iv) in clause (v), by striking ‘‘there is 

2 a significant possibility, taking into ac3 count the credibility of the statements 

4 made by the alien in support of the alien’s 

5 claim and such other facts as are known to 

6 the officer, that the alien could establish 

7 eligibility for asylum under section 208’’ 

8 and inserting ‘‘it is more likely than not 

9 that the alien will be able to establish eligi10 bility for asylum under section 208’’; and 

11 (2) in paragraph (2)— 

12 (A) in subparagraph (A)— 

13 (i) by striking ‘‘and (C)’’; and 

14 (ii) by striking ‘‘the alien shall be de15 tained for a proceeding under section 

16 240.’’ and inserting ‘‘the alien shall be ei17 ther detained for a proceeding under sec18 tion 240 or if the alien arrived on land 

19 from a foreign territory contiguous to the 

20 United States, be returned to that territory 

21 pending a proceeding under section 240. 

22 The Secretary may not parole or otherwise 

23 release the alien into the United States.’’; 

24 and 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 86 IH

1 (B) by striking subparagraph (C). 

Æ 


kjohnson on DSK79L0C42PROD with BILLS