I 

117TH CONGRESS 

1ST SESSION H. R. 1901 

To close loopholes in the immigration laws that serve as incentives to aliens 

to attempt to enter the United States unlawfully, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2021 

Mr. BIGGS (for himself, Mr. JORDAN, Mr. MCCLINTOCK, Ms. HERRELL, Mr. 

BUDD, Mr. DUNCAN, Mr. HICE of Georgia, Mr. GAETZ, Mr. ALLEN, Mr. 

BABIN, Mr. ROY, Mr. CLOUD, Mrs. MILLER of Illinois, Mr. ARRINGTON, 

Mr. ROSENDALE, Mr. NORMAN, Mrs. BOEBERT, Mr. PERRY, Mr. 

GOODEN of Texas, Mr. GOOD of Virginia, Mr. TIFFANY, Mr. STEUBE, 

and Mr. SMITH of Nebraska) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To close loopholes in the immigration laws that serve as 

incentives to aliens to attempt to enter the United States 

unlawfully, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Stopping Border Surges Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—UNACCOMPANIED ALIEN CHILDREN 

Sec. 101. Repatriation of unaccompanied alien children. 

Sec. 102. Clarification of standards for family detention. 

Sec. 103. Special immigrant juvenile status for immigrants unable to reunite 

with either parent. 

TITLE II—ASYLUM REFORM 

Sec. 201. Credible fear interviews. 

Sec. 202. Jurisdiction of asylum applications. 

Sec. 203. Recording expedited removal and credible fear interviews. 

Sec. 204. Safe third country. 

Sec. 205. Renunciation of asylum status pursuant to return to home country. 

Sec. 206. Notice concerning frivolous asylum applications. 

Sec. 207. Anti-fraud investigative work product. 

Sec. 208. Clarification of asylum eligibility. 

Sec. 209. Application timing. 

Sec. 210. Clarification of burden of proof. 

Sec. 211. Additional exception. 

Sec. 212. Clarification regarding employment eligibility. 

Sec. 213. Penalties for asylum fraud. 

Sec. 214. Statute of limitations for asylum fraud. 

Sec. 215. Technical amendments. 

3 TITLE I—UNACCOMPANIED 

4 ALIEN CHILDREN 

5 SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHIL6 DREN. 

7 (a) IN GENERAL.—Section 235 of the William Wil8 berforce Trafficking Victims Protection Reauthorization 

9 Act of 2008 (8 U.S.C. 1232) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (2)— 

12 (i) by amending the heading to read 

13 as follows: ‘‘RULES FOR UNACCOMPANIED

14 ALIEN CHILDREN.—’’; 


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1 (ii) in subparagraph (A)— 

2 (I) in the matter preceding clause 

3 (i), by striking ‘‘who is a national or 

4 habitual resident of a country that is 

5 contiguous with the United States’’; 

6 (II) in clause (i), by inserting 

7 ‘‘and’’ at the end; 

8 (III) in clause (ii), by striking ‘‘; 

9 and’’ and inserting a period; and 

10 (IV) by striking clause (iii); 

11 (iii) in subparagraph (B)— 

12 (I) in the matter preceding clause 

13 (i), by striking ‘‘(8 U.S.C. 1101 et 

14 seq.) may—’’ and inserting ‘‘(8 

15 U.S.C. 1101 et seq.)—’’; 

16 (II) in clause (i), by inserting be17 fore ‘‘permit such child to withdraw’’ 

18 the following: ‘‘may’’; and 

19 (III) in clause (ii), by inserting 

20 before ‘‘return such child’’ the fol21 lowing: ‘‘shall’’; and 

22 (iv) in subparagraph (C)— 

23 (I) by amending the heading to 

24 read as follows: ‘‘AGREEMENTS WITH

25 FOREIGN COUNTRIES.—’’; and 


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1 (II) in the matter preceding 

2 clause (i), by striking ‘‘The Secretary 

3 of State shall negotiate agreements 

4 between the United States and coun5 tries contiguous to the United States’’ 

6 and inserting ‘‘The Secretary of State 

7 may negotiate agreements between the 

8 United States and any foreign country 

9 that the Secretary determines appro10 priate’’; 

11 (B) by redesignating paragraphs (3) 

12 through (5) as paragraphs (4) through (6), re13 spectively, and inserting after paragraph (2) the 

14 following: 

15 ‘‘(3) SPECIAL RULES FOR INTERVIEWING UNAC16 COMPANIED ALIEN CHILDREN.—An unaccompanied 

17 alien child shall be interviewed by an immigration 

18 officer with specialized training in interviewing child 

19 trafficking victims.’’; and 

20 (C) in paragraph (6)(D) (as so redesig21 nated)— 

22 (i) in the matter preceding clause (i), 

23 by striking ‘‘, except for an unaccompanied 

24 alien child from a contiguous country sub25 ject to exceptions under subsection (a)(2),’’ 


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1 and inserting ‘‘who does not meet the cri2 teria listed in paragraph (2)(A)’’; and 

3 (ii) in clause (i), by inserting before 

4 the semicolon at the end the following: ‘‘, 

5 which shall include a hearing before an im6 migration judge not later than 14 days 

7 after being screened under paragraph (4)’’; 

8 (2) in subsection (b)— 

9 (A) in paragraph (2)— 

10 (i) in subparagraph (A), by inserting 

11 before the semicolon the following: ‘‘be12 lieved not to meet the criteria listed in sub13 section (a)(2)(A)’’; and 

14 (ii) in subparagraph (B), by inserting 

15 before the period the following: ‘‘and does 

16 not meet the criteria listed in subsection 

17 (a)(2)(A)’’; and 

18 (B) in paragraph (3), by striking ‘‘an un19 accompanied alien child in custody shall’’ and 

20 all that follows, and inserting the following: ‘‘an 

21 unaccompanied alien child in custody— 

22 ‘‘(A) in the case of a child who does not 

23 meet the criteria listed in subsection (a)(2)(A), 

24 shall transfer the custody of such child to the 

25 Secretary of Health and Human Services not 


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1 later than 30 days after determining that such 

2 child is an unaccompanied alien child who does 

3 not meet such criteria; or 

4 ‘‘(B) in the case of child who meets the 

5 criteria listed in subsection (a)(2)(A), may 

6 transfer the custody of such child to the Sec7 retary of Health and Human Services after de8 termining that such child is an unaccompanied 

9 alien child who meets such criteria.’’; and 

10 (3) in subsection (c)— 

11 (A) in paragraph (3), by inserting at the 

12 end the following: 

13 ‘‘(D) INFORMATION ABOUT INDIVIDUALS

14 WITH WHOM CHILDREN ARE PLACED.— 

15 ‘‘(i) INFORMATION TO BE PROVIDED

16 TO HOMELAND SECURITY.—Before placing 

17 a child with an individual, the Secretary of 

18 Health and Human Services shall provide 

19 to the Secretary of Homeland Security, re20 garding the individual with whom the child 

21 will be placed, the following information: 

22 ‘‘(I) The name of the individual. 

23 ‘‘(II) The social security number 

24 of the individual, if available. 


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1 ‘‘(III) The date of birth of the in2 dividual. 

3 ‘‘(IV) The location of the individ4 ual’s residence where the child will be 

5 placed. 

6 ‘‘(V) The immigration status of 

7 the individual, if known. 

8 ‘‘(VI) Contact information for 

9 the individual. 

10 ‘‘(ii) SPECIAL RULE.—In the case of a 

11 child who was apprehended on or after the 

12 effective date of this clause, and before the 

13 date of the enactment of this subpara14 graph, who the Secretary of Health and 

15 Human Services placed with an individual, 

16 the Secretary shall provide the information 

17 listed in clause (i) to the Secretary of 

18 Homeland Security not later than 90 days 

19 after such date of enactment.’’; and 

20 (B) in paragraph (5)— 

21 (i) by inserting after ‘‘to the greatest 

22 extent practicable’’ the following: ‘‘(at no 

23 expense to the Government)’’; and 


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1 (ii) by striking ‘‘have counsel to rep2 resent them’’ and inserting ‘‘have access to 

3 counsel to represent them’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to any unaccompanied alien child 

6 apprehended on or after the date of enactment. 

7 SEC. 102. CLARIFICATION OF STANDARDS FOR FAMILY DE8 TENTION. 

9 (a) IN GENERAL.—Section 235 of the William Wil10 berforce Trafficking Victims Protection Reauthorization 

11 Act of 2008 (8 U.S.C. 1232) is amended by adding at 

12 the end the following: 

13 ‘‘(j) CONSTRUCTION.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding any other 

15 provision of law, judicial determination, consent de16 cree, or settlement agreement, the detention of any 

17 alien child who is not an unaccompanied alien child 

18 shall be governed by sections 217, 235, 236, and 

19 241 of the Immigration and Nationality Act (8 

20 U.S.C. 1187, 1225, 1226, and 1231). There is no 

21 presumption that an alien child who is not an unac22 companied alien child should not be detained, and all 

23 such determinations shall be in the discretion of the 

24 Secretary of Homeland Security. 


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1 ‘‘(2) RELEASE OF MINORS OTHER THAN UNAC2 COMPANIED ALIENS.—In no circumstances shall an 

3 alien minor who is not an unaccompanied alien child 

4 be released by the Secretary of Homeland Security 

5 other than to a parent or legal guardian, who is law6 fully present in the United States. 

7 ‘‘(3) FAMILY DETENTION.—The Secretary of 

8 Homeland Security shall— 

9 ‘‘(A) maintain the care and custody of an 

10 alien, during the period during which the 

11 charges described in clause (i) are pending, 

12 who— 

13 ‘‘(i) is charged only with a mis14 demeanor offense under section 275(a) of 

15 the Immigration and Nationality Act (8 

16 U.S.C. 1325(a)); and 

17 ‘‘(ii) entered the United States with 

18 the alien’s child who has not attained 18 

19 years of age; and 

20 ‘‘(B) detain the alien with the alien’s 

21 child.’’. 

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that the amendments in this section to section 235 

24 of the William Wilberforce Trafficking Victims Protection 

25 Reauthorization Act of 2008 (8 U.S.C. 1232) are intended 


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1 to satisfy the requirements of the Settlement Agreement 

2 in Flores v. Meese, No. 85–4544 (C.D. Cal) as approved 

3 by the court on January 28, 1997, with respect to its in4 terpretation in Flores v. Johnson, 212 F. Supp. 3d 864 

5 (C.D. Cal. 2015), that the agreement applies to accom6 panied minors. 

7 (c) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall take effect on the date of the enact9 ment of this Act and shall apply to all actions that occur 

10 before, on, or after the date of the enactment of this Act. 

11 (d) PREEMPTION OF STATE LICENSING REQUIRE12 MENTS.—Notwithstanding any other provision of law, ju13 dicial determination, consent decree, or settlement agree14 ment, no State may require that an immigration detention 

15 facility used to detain children who have not attained 18 

16 years of age, or families consisting of one or more of such 

17 children and the parents or legal guardians of such chil18 dren, that is located in that State, be licensed by the State 

19 or any political subdivision thereof. 

20 SEC. 103. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM21 MIGRANTS UNABLE TO REUNITE WITH EI22 THER PARENT. 

23 Section 101(a)(27)(J) of the Immigration and Na24 tionality Act (8 U.S.C. 1101(a)(27)(J)) is amended— 


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1 (1) in clause (i), by striking ‘‘, and whose reuni2 fication with 1 or both of the immigrant’s parents 

3 is not viable due to abuse, neglect, abandonment, or 

4 a similar basis found under State law’’; and 

5 (2) in clause (iii)— 

6 (A) by striking ‘‘and’’ at the end of sub7 clause (I); 

8 (B) by inserting ‘‘and’’ at the end of sub9 clause (II); and 

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

11 ‘‘(III) an alien may not be grant12 ed special immigrant juvenile status 

13 under this subparagraph if his or her 

14 reunification with any one parent or 

15 legal guardian is not precluded by 

16 abuse, neglect, abandonment, or any 

17 similar cause under State law;’’. 

18 TITLE II—ASYLUM REFORM 

19 SEC. 201. CREDIBLE FEAR INTERVIEWS. 

20 Section 235(b)(1)(B)(v) of the Immigration and Na21 tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 

22 striking ‘‘claim’’ and all that follows, and inserting ‘‘claim, 

23 as determined pursuant to section 208(b)(1)(B)(iii), and 

24 such other facts as are known to the officer, that the alien 

25 could establish eligibility for asylum under section 208, 


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1 and it is more probable than not that the statements made 

2 by, and on behalf of, the alien in support of the alien’s 

3 claim are true.’’. 

4 SEC. 202. JURISDICTION OF ASYLUM APPLICATIONS. 

5 Section 208(b)(3) of the Immigration and Nationality 

6 Act (8 U.S.C. 1158) is amended by striking subparagraph 

7 (C). 

8 SEC. 203. RECORDING EXPEDITED REMOVAL AND CRED9 IBLE FEAR INTERVIEWS. 

10 (a) IN GENERAL.—The Secretary of Homeland Secu11 rity shall establish quality assurance procedures and take 

12 steps to effectively ensure that questions by employees of 

13 the Department of Homeland Security exercising expe14 dited removal authority under section 235(b) of the Immi15 gration and Nationality Act (8 U.S.C. 1225(b)) are asked 

16 in a uniform manner, to the extent possible, and that both 

17 these questions and the answers provided in response to 

18 them are recorded in a uniform fashion. 

19 (b) CREDIBLE FEAR INTERVIEW CHECKLISTS.—The 

20 Secretary of Homeland Security shall provide a checklist 

21 of standard questions and concepts to be addressed in all 

22 interviews under section 235(b) to immigration officers ex23 ercising decision-making authority in such interviews. 

24 Such checklists shall be routinely updated to include rel25 evant changes to law and procedures and shall, at a minVerDate Sep 11 2014 03:39 May 13, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1901.IH H1901

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1 imum, require that all immigration officers utilizing such 

2 checklists provide concise justifications of their decision 

3 regardless of whether credible fear was or was not estab4 lished. 

5 (c) FACTORS RELATING TO SWORN STATEMENTS.— 

6 Where practicable, any sworn or signed written statement 

7 taken of an alien as part of the record of a proceeding 

8 under section 235(b)(1)(A) of the Immigration and Na9 tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom10 panied by a recording of the interview which served as the 

11 basis for that sworn statement. 

12 (d) INTERPRETERS.—The Secretary shall ensure that 

13 a competent interpreter, not affiliated with the govern14 ment of the country from which the alien may claim asy15 lum, is used when the interviewing officer does not speak 

16 a language understood by the alien. 

17 (e) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 

18 There shall be an audio or audio visual recording of inter19 views of aliens subject to expedited removal. The recording 

20 shall be included in the record of proceeding and shall be 

21 considered as evidence in any further proceedings involv22 ing the alien. 

23 (f) NO PRIVATE RIGHT OF ACTION.—Nothing in this 

24 section shall be construed to create any right, benefit, 

25 trust, or responsibility, whether substantive or procedural, 


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1 enforceable in law or equity by a party against the United 

2 States, its departments, agencies, instrumentalities, enti3 ties, officers, employees, or agents, or any person, nor does 

4 this section create any right of review in any administra5 tive, judicial, or other proceeding. 

6 SEC. 204. SAFE THIRD COUNTRY. 

7 Section 208(a)(2)(A) of the Immigration and Nation8 ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 

9 (1) by striking ‘‘if the Attorney General deter10 mines’’ and inserting ‘‘if the Attorney General or the 

11 Secretary of Homeland Security determines—’’; 

12 (2) by striking ‘‘that the alien may be removed’’ 

13 and inserting: 

14 ‘‘(i) that the alien may be removed’’; 

15 (3) by striking ‘‘removed, pursuant to a bilat16 eral or multilateral agreement, to’’ and inserting 

17 ‘‘removed to’’; 

18 (4) by inserting ‘‘, on a case by case basis,’’ be19 fore ‘‘finds that’’; 

20 (5) by striking the period at the end and insert21 ing ‘‘; or’’; and 

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

23 ‘‘(ii) that the alien entered, attempted to enter, 

24 or arrived in the United States after transiting 

25 through at least one country outside the alien’s 


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1 country of citizenship, nationality, or last lawful ha2 bitual residence en route to the United States, un3 less— 

4 ‘‘(I) the alien demonstrates that he or she 

5 applied for protection from persecution or tor6 ture in at least one country outside the alien’s 

7 country of citizenship, nationality, or last lawful 

8 habitual residence through which the alien 

9 transited en route to the United States, and the 

10 alien received a final judgement denying the 

11 alien protection in each country; 

12 ‘‘(II) the alien demonstrates that he or she 

13 was a victim of a severe form of trafficking in 

14 which a commercial sex act was induced by 

15 force, fraud, or coercion, or in which the person 

16 induced to perform such act was under the age 

17 of 18 years; or in which the trafficking included 

18 the recruitment, harboring, transportation, pro19 vision, or obtaining of a person for labor or 

20 services through the use of force, fraud, or coer21 cion for the purpose of subjection to involuntary 

22 servitude, peonage, debt bondage, or slavery, 

23 and was unable to apply for protection from 

24 persecution in all countries that alien transited 


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1 en route to the United States as a result of 

2 such severe form of trafficking; or 

3 ‘‘(III) the only countries through which the 

4 alien transited en route to the United States 

5 were, at the time of the transit, not parties to 

6 the 1951 United Nations Convention relating to 

7 the Status of Refugees, the 1967 Protocol Re8 lating to the Status of Refugees, or the United 

9 Nations Convention against Torture and Other 

10 Cruel, Inhuman or Degrading Treatment or 

11 Punishment.’’. 

12 SEC. 205. RENUNCIATION OF ASYLUM STATUS PURSUANT 

13 TO RETURN TO HOME COUNTRY. 

14 (a) IN GENERAL.—Section 208(c) of the Immigration 

15 and Nationality Act (8 U.S.C. 1158(c)) is amended by 

16 adding at the end the following new paragraph: 

17 ‘‘(4) RENUNCIATION OF STATUS PURSUANT TO

18 RETURN TO HOME COUNTRY.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), any alien who is granted 

21 asylum status under this Act, who, absent 

22 changed country conditions, subsequently re23 turns to the country of such alien’s nationality 

24 or, in the case of an alien having no nationality, 

25 returns to any country in which such alien last 


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1 habitually resided, and who applied for such 

2 status because of persecution or a well-founded 

3 fear of persecution in that country on account 

4 of race, religion, nationality, membership in a 

5 particular social group, or political opinion, 

6 shall have his or her status terminated. 

7 ‘‘(B) WAIVER.—The Secretary has discre8 tion to waive subparagraph (A) if it is estab9 lished to the satisfaction of the Secretary that 

10 the alien had a compelling reason for the re11 turn. The waiver may be sought prior to depar12 ture from the United States or upon return.’’. 

13 (b) CONFORMING AMENDMENT.—Section 208(c)(3) 

14 of the Immigration and Nationality Act (8 U.S.C. 

15 1158(c)(3)) is amended by inserting after ‘‘paragraph 

16 (2)’’ the following: ‘‘or (4)’’. 

17 SEC. 206. NOTICE CONCERNING FRIVOLOUS ASYLUM AP18 PLICATIONS. 

19 (a) IN GENERAL.—Section 208(d)(4) of the Immi20 gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 

21 amended— 

22 (1) in the matter preceding subparagraph (A), 

23 by inserting ‘‘the Secretary of Homeland Security 

24 or’’ before ‘‘the Attorney General’’; 


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1 (2) in subparagraph (A), by striking ‘‘and of 

2 the consequences, under paragraph (6), of knowingly 

3 filing a frivolous application for asylum; and’’ and 

4 inserting a semicolon; 

5 (3) in subparagraph (B), by striking the period 

6 and inserting ‘‘; and’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(C) ensure that a written warning ap9 pears on the asylum application advising the 

10 alien of the consequences of filing a frivolous 

11 application and serving as notice to the alien of 

12 the consequence of filing a frivolous applica13 tion.’’. 

14 (b) CONFORMING AMENDMENT.—Section 208(d)(6) 

15 of the Immigration and Nationality Act (8 U.S.C. 

16 1158(d)(6)) is amended by striking ‘‘If the’’ and all that 

17 follows and inserting: 

18 ‘‘(A) If the Secretary of Homeland Secu19 rity or the Attorney General determines that an 

20 alien has knowingly made a frivolous applica21 tion for asylum and the alien has received the 

22 notice under paragraph (4)(C), the alien shall 

23 be permanently ineligible for any benefits under 

24 this chapter, effective as the date of the final 

25 determination of such an application. 


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1 ‘‘(B) An application is frivolous if the Sec2 retary of Homeland Security or the Attorney 

3 General determines, consistent with subpara4 graph (C), that— 

5 ‘‘(i) it is so insufficient in substance 

6 that it is clear that the applicant know7 ingly filed the application solely or in part 

8 to delay removal from the United States, 

9 to seek employment authorization as an 

10 applicant for asylum pursuant to regula11 tions issued pursuant to paragraph (2), or 

12 to seek issuance of a Notice to Appear in 

13 order to pursue Cancellation of Removal 

14 under section 240A(b); or 

15 ‘‘(ii) any of the material elements are 

16 knowingly fabricated. 

17 ‘‘(C) In determining that an application is 

18 frivolous, the Secretary or the Attorney Gen19 eral, must be satisfied that the applicant, dur20 ing the course of the proceedings, has had suffi21 cient opportunity to clarify any discrepancies or 

22 implausible aspects of the claim. 

23 ‘‘(D) For purposes of this section, a find24 ing that an alien filed a frivolous asylum appli25 cation shall not preclude the alien from seeking 


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1 withholding of removal under section 241(b)(3) 

2 or protection pursuant to the Convention 

3 Against Torture.’’. 

4 SEC. 207. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. 

5 (a) ASYLUM CREDIBILITY DETERMINATIONS.—Sec6 tion 208(b)(1)(B)(iii) of the Immigration and Nationality 

7 Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting 

8 after ‘‘all relevant factors’’ the following: ‘‘, including 

9 statements made to, and investigative reports prepared by, 

10 immigration authorities and other government officials’’. 

11 (b) RELIEF FOR REMOVAL CREDIBILITY DETER12 MINATIONS.—Section 240(c)(4)(C) of the Immigration 

13 and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended 

14 by inserting after ‘‘all relevant factors’’ the following: ‘‘, 

15 including statements made to, and investigative reports 

16 prepared by, immigration authorities and other govern17 ment officials’’. 

18 SEC. 208. CLARIFICATION OF ASYLUM ELIGIBILITY. 

19 (a) IN GENERAL.—Section 208(b)(1)(A) of the Im20 migration and Nationality Act (8 U.S.C. 1158(b)(1)(A)) 

21 is amended by inserting after ‘‘section 101(a)(42)(A)’’ the 

22 following: ‘‘and is eligible to apply for asylum under sub23 section (a)’’. 


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1 (b) PLACE OF ARRIVAL.—Section 208(a)(1) of the 

2 Immigration and Nationality Act (8 U.S.C. 1158(a)(1)) 

3 is amended— 

4 (1) by striking ‘‘or who arrives in the United 

5 States (whether or not at a designated port of ar6 rival and including an alien who is brought to the 

7 United States after having been interdicted in inter8 national or United States waters),’’; and 

9 (2) by inserting after ‘‘United States’’ the fol10 lowing: ‘‘and has arrived in the United States at a 

11 port of entry,’’. 

12 SEC. 209. APPLICATION TIMING. 

13 Section 208(a)(2)(B) of the Immigration and Nation14 ality Act (8 U.S.C. 1158(a)(2)(B)) is amended by striking 

15 ‘‘1 year’’ and inserting ‘‘6 months’’. 

16 SEC. 210. CLARIFICATION OF BURDEN OF PROOF. 

17 Section 208(b)(1)(B)(i) of the Immigration and Na18 tionality Act (8 U.S.C. 1158(b)(1)(B)(i)) is amended by 

19 striking ‘‘at least one’’ and inserting ‘‘the’’. 

20 SEC. 211. ADDITIONAL EXCEPTION. 

21 Section 208(b)(2)(A) of the Immigration and Nation22 ality Act (8 U.S.C. 1158(b)(2)(A)) is amended— 

23 (1) in clause (v), by striking ‘‘or’’ at the end; 

24 (2) in clause (vi), by striking the period and in25 serting ‘‘; or’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(vii) there are reasonable grounds for 

3 concluding the alien could avoid persecu4 tion by relocating to another part of the 

5 alien’s country of nationality or, if state6 less, another part of the alien’s country of 

7 last habitual residence.’’. 

8 SEC. 212. CLARIFICATION REGARDING EMPLOYMENT ELI9 GIBILITY. 

10 Section 208(d)(2) of the Immigration and Nationality 

11 Act (8 U.S.C. 1158(d)(2)) is amended— 

12 (1) by striking ‘‘180 days’ ’’’ and inserting ‘‘1 

13 year’’; and 

14 (2) by inserting ‘‘and the authorization shall ex15 pire 6 months after the date of issuance’’ before the 

16 period at the end. 

17 SEC. 213. PENALTIES FOR ASYLUM FRAUD. 

18 Section 1001 of title 18, United States Code, is 

19 amended by inserting at the end of the paragraph— 

20 ‘‘(d) Whoever, in any matter before the Secretary of 

21 Homeland Security or the Attorney General pertaining to 

22 asylum under section 208 of the Immigration and Nation23 ality Act or withholding of removal under section 

24 241(b)(3) of such Act, knowingly and willfully— 


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1 ‘‘(1) makes any materially false, fictitious, or 

2 fraudulent statement or representation; or 

3 ‘‘(2) makes or uses any false writings or docu4 ment knowing the same to contain any materially 

5 false, fictitious, or fraudulent statement or entry, 

6 shall be fined under this title or imprisoned not more than 

7 10 years, or both.’’. 

8 SEC. 214. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD. 

9 Section 3291 of title 18, United States Code, is 

10 amended— 

11 (1) by striking ‘‘1544,’’ and inserting ‘‘1544, 

12 and section 1546,’’; and 

13 (2) by striking ‘‘offense.’’ and inserting ‘‘of14 fense or within 10 years after the fraud is discov15 ered.’’. 

16 SEC. 215. TECHNICAL AMENDMENTS. 

17 Section 208 of the Immigration and Nationality Act 

18 (8 U.S.C. 1158) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (2)(D), by inserting 

21 ‘‘Secretary of Homeland Security or the’’ before 

22 ‘‘Attorney General’’; and 

23 (B) in paragraph (3), by inserting ‘‘Sec24 retary of Homeland Security or the’’ before 

25 ‘‘Attorney General’’; 


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24 

•HR 1901 IH

1 (2) in subsection (b)(2), by inserting ‘‘Secretary 

2 of Homeland Security or the’’ before ‘‘Attorney Gen3 eral’’ each place such term appears; 

4 (3) in subsection (c)— 

5 (A) in paragraph (1), by striking ‘‘Attor6 ney General’’ each place such term appears and 

7 inserting ‘‘Secretary of Homeland Security’’; 

8 (B) in paragraph (2), in the matter pre9 ceding subparagraph (A), by inserting ‘‘Sec10 retary of Homeland Security or the’’ before 

11 ‘‘Attorney General’’; and 

12 (C) in paragraph (3), by inserting ‘‘Sec13 retary of Homeland Security or the’’ before 

14 ‘‘Attorney General’’; and 

15 (4) in subsection (d)— 

16 (A) in paragraph (1), by inserting ‘‘Sec17 retary of Homeland Security or the’’ before 

18 ‘‘Attorney General’’ each place such term ap19 pears; 

20 (B) in paragraph (2), by striking ‘‘Attor21 ney General’’ and inserting ‘‘Secretary of 

22 Homeland Security’’; and 

23 (C) in paragraph (5)— 


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25 

•HR 1901 IH

1 (i) in subparagraph (A), by striking 

2 ‘‘Attorney General’’ and inserting ‘‘Sec3 retary of Homeland Security’’; and 

4 (ii) in subparagraph (B), by inserting 

5 ‘‘Secretary of Homeland Security or the’’ 

6 before ‘‘Attorney General’’. 

Æ 


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