II 

118TH CONGRESS 

1ST SESSION S. 2905 

To deny asylum to members of a Communist or other totalitarian party, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2023 

Mr. RUBIO (for himself, Mr. MARSHALL, Mr. SCOTT of Florida, Mr. 

HAGERTY, Mrs. BLACKBURN, Mr. HAWLEY, Mr. BRAUN, and Mr. 

RICKETTS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To deny asylum to members of a Communist or other 

totalitarian party, 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 ‘‘No Asylum for CCP 

5 Spies Act’’. 

6 SEC. 2. DENIAL OF ASYLUM TO MEMBERS OF A COMMUNIST 

7 OR OTHER TOTALITARIAN PARTY. 

8 Section 208(b)(2) of the Immigration and Nationality 

9 Act (8 U.S.C. 1158(b)(2)) is amended— 


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•S 2905 IS

1 (1) in subparagraph (A)— 

2 (A) in clause (v), by striking ‘‘or’’ at the 

3 end; 

4 (B) in clause (vi), by striking the period at 

5 the end and inserting ‘‘; or’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(vii) the alien is described in section 

8 212(a)(3)(D)(i), except as provided in sub9 paragraph (B)(iii) and subject to’’; and 

10 (2) in subparagraph (B), by adding at the end 

11 the following: 

12 ‘‘(iii) EXCEPTION TO PARTY MEMBER13 SHIP.— 

14 ‘‘(I) IN GENERAL.—Notwith15 standing subparagraph (A)(vii), an 

16 alien who is described in section 

17 212(a)(3)(D)(i) may be granted asy18 lum pursuant to paragraph (1) if— 

19 ‘‘(aa) the alien— 

20 ‘‘(AA) has, before ap21 plying for asylum and 

22 through a service approved 

23 by the Federal Government, 

24 publicly renounced his or 

25 her membership in the ComVerDate Sep 11 2014 04:14 Sep 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2905.IS S2905

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•S 2905 IS

1 munist or totalitarian party 

2 of which the alien was a 

3 member or with which the 

4 alien was affiliated and de5 nounces such party during 

6 the asylum adjudication 

7 process; and 

8 ‘‘(BB) establishes, to 

9 the satisfaction of the Attor10 ney General or the Secretary 

11 of Homeland Security, that 

12 the membership or affili13 ation of the alien with a 

14 Communist or totalitarian 

15 party is or was involuntary, 

16 limited to a period when the 

17 alien was younger than 16 

18 years of age, automatic, by 

19 operation of law, without the 

20 alien’s personal acquies21 cence, or solely for the pur22 pose of obtaining employ23 ment, food rations, or other 

24 living essentials; and 


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•S 2905 IS

1 ‘‘(bb) the Attorney General 

2 or the Secretary of Homeland Se3 curity, in consultation with the 

4 Director of National Intelligence, 

5 determines that the alien is not a 

6 danger to the security of the 

7 United States. 

8 ‘‘(iv) WAIVER.— 

9 ‘‘(I) IN GENERAL.—In the case 

10 of an alien described in section 

11 212(a)(3)(D)(i) who is not eligible for 

12 asylum under clause (iii), the Attor13 ney General or the Secretary of 

14 Homeland Security may waive the ap15 plication of such section if the Attor16 ney General or the Secretary, in con17 sultation with the Director of Na18 tional Intelligence, determines that 

19 such alien has significant information 

20 relating to national security. 

21 ‘‘(II) CONDITIONS.—An alien 

22 may only be granted a waiver under 

23 this clause if— 

24 ‘‘(aa) the alien, through a 

25 service approved by the Federal 


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•S 2905 IS

1 Government, publicly renounces 

2 his or her membership in the 

3 Communist or totalitarian party 

4 of which the alien was a member 

5 or with which the alien was affili6 ated and denounces such party 

7 during the asylum adjudication 

8 process; and 

9 ‘‘(bb) the Attorney General 

10 or the Secretary of Homeland Se11 curity, in consultation with the 

12 Director of National Intelligence, 

13 determines that the alien is not a 

14 danger to the security of the 

15 United States.’’. 

Æ 


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