I 

116TH CONGRESS 

1ST SESSION H. R. 3360 

To modify the treatment of unaccompanied alien children who are in Federal 

custody by reason of their immigration status, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2019 

Mr. JOHNSON of Louisiana (for himself and Mr. COLLINS of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To modify the treatment of unaccompanied alien children 

who are in Federal custody by reason of their immigration status, 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 ‘‘Asylum Reform and 

5 Border Protection Act of 2019’’. 

6 SEC. 2. CLARIFICATION OF INTENT REGARDING TAXPAYER7 PROVIDED COUNSEL. 

8 Section 292 of the Immigration and Nationality Act 

9 (8 U.S.C. 1362) is amended— 


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1 (1) by striking ‘‘In any removal proceedings be2 fore an immigration judge and in any appeal pro3 ceedings before the Attorney General from any such 

4 removal proceedings’’ and inserting ‘‘In any removal 

5 proceedings before an immigration judge, or any 

6 other immigration proceedings before the Attorney 

7 General, the Secretary of Homeland Security, or any 

8 appeal of such a proceeding’’; 

9 (2) by striking ‘‘(at no expense to the Govern10 ment)’’; and 

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

12 ‘‘Notwithstanding any other provision of law, in no in13 stance shall the Government bear any expense for counsel 

14 for any person in proceedings described in this section.’’. 

15 SEC. 3. CREDIBLE FEAR INTERVIEWS. 

16 Section 235(b)(1)(B)(v) of the Immigration and Na17 tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 

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

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

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

21 could establish eligibility for asylum under section 208, 

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

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

24 claim are true.’’. 


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1 SEC. 4. RECORDING EXPEDITED REMOVAL AND CREDIBLE 

2 FEAR INTERVIEWS. 

3 (a) IN GENERAL.—The Secretary of Homeland Secu4 rity shall establish quality assurance procedures and take 

5 steps to effectively ensure that questions by employees of 

6 the Department of Homeland Security exercising expe7 dited removal authority under section 235(b) of the Immi8 gration and Nationality Act (8 U.S.C. 1225(b)) are asked 

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

10 these questions and the answers provided in response to 

11 them are recorded in a uniform fashion. 

12 (b) FACTORS RELATING TO SWORN STATEMENTS.— 

13 Where practicable, any sworn or signed written statement 

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

15 under section 235(b)(1)(A) of the Immigration and Na16 tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom17 panied by a recording of the interview which served as the 

18 basis for that sworn statement. 

19 (c) INTERPRETERS.—The Secretary shall ensure that 

20 a competent interpreter, not affiliated with the govern21 ment of the country from which the alien may claim asy22 lum, is used when the interviewing officer does not speak 

23 a language understood by the alien. 

24 (d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 

25 There shall be an audio or audio visual recording of inter26 views of aliens subject to expedited removal. The recording 


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

2 considered as evidence in any further proceedings involv3 ing the alien. 

4 (e) NO PRIVATE RIGHT OF ACTION.—Nothing in this 

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

6 trust, or responsibility, whether substantive or procedural, 

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

8 States, its departments, agencies, instrumentalities, enti9 ties, officers, employees, or agents, or any person, nor does 

10 this section create any right of review in any administra11 tive, judicial, or other proceeding. 

12 SEC. 5. PAROLE REFORM. 

13 (a) IN GENERAL.—Paragraph (5) of section 212(d) 

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

15 1182(d)) is amended to read as follows: 

16 ‘‘(5) HUMANITARIAN AND SIGNIFICANT PUBLIC

17 INTEREST PAROLE.— 

18 ‘‘(A) IN GENERAL.—Subject to the provi19 sions of this paragraph and section 214(f)(2), 

20 the Secretary of Homeland Security, in the sole 

21 discretion of the Secretary of Homeland Secu22 rity, may on an individual case-by-case basis, 

23 and not according to eligibility criteria describ24 ing an entire class of potential parole recipients, 

25 parole an alien into the United States tempoVerDate Sep 11 2014 21:06 Jun 24, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3360.IH H3360

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1 rarily, under such conditions as the Secretary of 

2 Homeland Security may prescribe, only— 

3 ‘‘(i) an alien not present in the United 

4 States for an urgent humanitarian reason 

5 (as described under subparagraph (B)); 

6 ‘‘(ii) an alien not present in the 

7 United States for a reason deemed strictly 

8 in the significant public interest (as de9 scribed under subparagraph (C)); or 

10 ‘‘(iii) an alien who— 

11 ‘‘(I) is present in the United 

12 States without lawful immigration sta13 tus; 

14 ‘‘(II) is the beneficiary of a pend15 ing or approved petition under section 

16 203(a); 

17 ‘‘(III) is not otherwise inadmis18 sible or deportable; and 

19 ‘‘(IV) is the spouse or minor 

20 child of a member of the Armed 

21 Forces serving on active duty at the 

22 request of the member of the Armed 

23 Forces. 

24 ‘‘(B) HUMANITARIAN PAROLE.—The Sec25 retary of Homeland Security may parole an 


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1 alien based on an urgent humanitarian reason 

2 described in this subparagraph only if— 

3 ‘‘(i) the alien has a medical emergency 

4 and the alien cannot obtain necessary 

5 treatment in the foreign state in which the 

6 alien is residing or the medical emergency 

7 is life-threatening and there is insufficient 

8 time for the alien to be admitted through 

9 the normal visa process; 

10 ‘‘(ii) the alien is the parent or legal 

11 guardian of an alien described in clause (i), 

12 if the alien described in clause (i) is a 

13 minor; 

14 ‘‘(iii) the alien is needed in the United 

15 States in order to donate an organ or 

16 other tissue for transplant into a close 

17 family member and there is insufficient 

18 time for the alien to be admitted through 

19 the normal visa process; 

20 ‘‘(iv) the alien has a close family 

21 member in the United States whose death 

22 is imminent and the alien could not arrive 

23 in the United States in time to see such 

24 family member alive if the alien were to be 

25 admitted through the normal visa process; 


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1 ‘‘(v) the alien is an adopted child with 

2 an urgent medical condition, who is in the 

3 legal custody of the petitioner for a final 

4 adoption-related visa, and whose medical 

5 treatment is required prior to the expected 

6 award of a final adoption-related visa; 

7 ‘‘(vi) the alien is a lawful applicant 

8 for adjustment of status under section 

9 245; or 

10 ‘‘(vii) the alien was— 

11 ‘‘(I) lawfully granted status 

12 under section 208; 

13 ‘‘(II) lawfully admitted under 

14 section 207; or 

15 ‘‘(III) granted withholding of re16 moval under section 241(b)(3). 

17 ‘‘(C) SIGNIFICANT PUBLIC INTEREST PA18 ROLE.—The Secretary of Homeland Security 

19 may parole an alien based on a reason deemed 

20 strictly in the significant public interest de21 scribed in this subparagraph only if the alien 

22 has assisted (or will assist, whether knowingly 

23 or not) the United States Government in a mat24 ter, such as a criminal investigation, espionage, 

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1 cluding a civil litigation matter requiring the 

2 alien’s presence, and either the alien’s presence 

3 in the United States is required by the Govern4 ment or the alien’s life would be threatened if 

5 the alien were not permitted to come to the 

6 United States. Only a matter described in this 

7 subparagraph shall qualify for purposes of this 

8 subparagraph, and no other matter may qual9 ify. 

10 ‘‘(D) LIMITATION ON THE USE OF PAROLE

11 AUTHORITY.—The Secretary of Homeland Se12 curity may not use the parole authority under 

13 this paragraph— 

14 ‘‘(i) to circumvent immigration policy 

15 established by law to admit classes of 

16 aliens who do not qualify for admission; or 

17 ‘‘(ii) to supplement established immi18 gration categories without congressional 

19 approval. 

20 ‘‘(E) PAROLE NOT AN ADMISSION.—Parole 

21 of an alien under this paragraph shall not be 

22 considered an admission of the alien into the 

23 United States. When the purposes of the parole 

24 of an alien have been served, as determined by 

25 the Secretary of Homeland Security, the alien 


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1 shall immediately return or be returned to the 

2 custody from which the alien was paroled and 

3 the alien shall be considered for admission to 

4 the United States on the same basis as other 

5 similarly situated applicants for admission. 

6 ‘‘(F) REPORT TO CONGRESS.—Not later 

7 than 90 days after the end of each fiscal year, 

8 the Secretary of Homeland Security shall sub9 mit a report to the Committees on the Judici10 ary of the House of Representatives and the 

11 Senate describing the number and categories of 

12 aliens paroled into the United States under this 

13 paragraph. Each such report shall contain in14 formation and data concerning the number and 

15 categories of aliens paroled, the duration of pa16 role, and the current status of aliens paroled 

17 during the preceding fiscal year.’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall take effect on the first day of the first 

20 month beginning more than 60 days after the date of the 

21 enactment of this Act. 


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1 SEC. 6. MODIFICATIONS TO PREFERENTIAL AVAILABILITY 

2 FOR ASYLUM FOR UNACCOMPANIED ALIEN 

3 MINORS. 

4 Section 208(a)(2) of the Immigration and Nationality 

5 Act (8 U.S.C. 1158(a)(2)) is amended by striking sub6 paragraph (E). 

7 SEC. 7. SAFE THIRD COUNTRY. 

8 Section 208(a)(2)(A) of the Immigration and Nation9 ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 

10 (1) by striking ‘‘Attorney General’’ each place 

11 it appears and inserting ‘‘Secretary of Homeland Se12 curity’’; and 

13 (2) by striking ‘‘removed, pursuant to a bilat14 eral or multilateral agreement, to’’ and inserting 

15 ‘‘removed to’’. 

16 SEC. 8. WITHHOLDING OF REMOVAL. 

17 Section 241(b)(3) of the Immigration and Nationality 

18 Act (8 U.S.C. 1231(b)(3)) is amended— 

19 (1) by adding at the end of subparagraph (A) 

20 the following: 

21 ‘‘The burden of proof shall be on the alien to 

22 establish that the alien’s life or freedom would 

23 be threatened in that country, and that race, 

24 religion, nationality, membership in a particular 

25 social group, or political opinion would be at 

26 least one central reason for such threat.’’; and 


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1 (2) in subparagraph (C), by striking ‘‘In deter2 mining whether an alien has demonstrated that the 

3 alien’s life or freedom would be threatened for a rea4 son described in subparagraph (A),’’ and inserting 

5 ‘‘For purposes of this paragraph,’’. 

6 SEC. 9. FIRM RESETTLEMENT. 

7 Section 208(b)(2)(A)(vi) of the Immigration and Na8 tionality Act (8 U.S.C. 1158(b)(2)(A)(vi)) is amended by 

9 striking ‘‘States.’’ and inserting ‘‘States, which shall be 

10 considered demonstrated by evidence that the alien can 

11 live in such country (in any legal status) without fear of 

12 persecution.’’. 

13 SEC. 10. TERMINATION OF ASYLUM STATUS PURSUANT TO 

14 RETURN TO HOME COUNTRY. 

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

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

17 adding at the end the following new paragraph: 

18 ‘‘(3) TERMINATION OF STATUS PURSUANT TO

19 RETURN TO HOME COUNTRY.— 

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

21 subparagraphs (B) and (C), any alien who is 

22 granted asylum status under this Act, who, ab23 sent changed country conditions, subsequently 

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1 tionality, returns to any country in which such 

2 alien last habitually resided, and who applied 

3 for such status because of persecution or a well4 founded fear of persecution in that country on 

5 account of race, religion, nationality, member6 ship in a particular social group, or political 

7 opinion, shall have his or her status terminated. 

8 ‘‘(B) WAIVER.—The Secretary has discre9 tion to waive subparagraph (A) if it is estab10 lished to the satisfaction of the Secretary that 

11 the alien had a compelling reason for the re12 turn. The waiver shall be sought prior to depar13 ture from the United States or upon return.’’. 

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

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

16 1158(c)(3)) is amended by inserting after ‘‘paragraph 

17 (2)’’ the following: ‘‘or (4)’’. 

18 SEC. 11. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLI19 CATIONS. 

20 (a) IN GENERAL.—Section 208(d)(4) of the Immi21 gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 

22 amended— 

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

24 by inserting ‘‘the Secretary of Homeland Security 

25 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’’; 

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

5 and inserting ‘‘; and’’; 

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

7 ‘‘(C) ensure that a written warning ap8 pears on the asylum application advising the 

9 alien of the consequences of filing a frivolous 

10 application.’’; and 

11 (5) by inserting after subparagraph (C) the fol12 lowing: 

13 ‘‘The written warning referred to in subparagraph 

14 (C) shall serve as notice to the alien of the con15 sequences of filing a frivolous application.’’. 

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

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

18 1158(d)(6)) is amended— 

19 (1) by striking ‘‘If the Attorney General’’ and 

20 inserting ‘‘(A) IN GENERAL.—If the Department of 

21 Homeland Security or the Attorney General’’; 

22 (2) by striking ‘‘paragraph (4)(A)’’ in subpara23 graph (A) (as designated in paragraph (1) of this 

24 subsection) and inserting ‘‘paragraph (4)(C)’’; and 

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


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1 ‘‘(B) DETERMINATION.—An application 

2 may be found ‘frivolous’ if it is determined— 

3 ‘‘(i) to be totally insufficient in sub4 stance such that it is clear that the appli5 cant knowingly filed the application with6 out intending to pursue the merits of his 

7 or her asylum claim solely— 

8 ‘‘(I) to delay removal from the 

9 United States; 

10 ‘‘(II) to seek employment author11 ization as an applicant for asylum 

12 pursuant to regulations issued pursu13 ant to paragraph (2); or 

14 ‘‘(III) for applicants whom have 

15 not yet had removal proceedings initi16 ated against them under section 239, 

17 to seek issuance of a notice to appear 

18 in order to pursue cancellation of re19 moval under section 240A(b); or 

20 ‘‘(ii) that any of its material elements 

21 is deliberately fabricated. 

22 ‘‘(C) LIMITATION ON DETERMINATION.—A 

23 determination under subparagraph (B) shall 

24 only be made if the decision maker is satisfied 

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1 ceedings, has had sufficient opportunity to ac2 count for any discrepancies or implausible as3 pects of the claim. For purposes of this section, 

4 a finding that an alien filed a frivolous asylum 

5 application shall not preclude the alien from 

6 seeking withholding of removal under section 

7 241(b)(3).’’. 

8 SEC. 12. TERMINATION OF ASYLUM STATUS IN REMOVAL 

9 PROCEEDINGS. 

10 Section 208(c) of the Immigration and Nationality 

11 Act (8 U.S.C. 1158(c)), as amended by this Act, is further 

12 amended— 

13 (1) in paragraph (2)— 

14 (A) in the matter preceding subparagraph 

15 (A), by inserting ‘‘the Secretary of Homeland 

16 Security or’’ before ‘‘the Attorney General’’; 

17 and 

18 (B) in subparagraph (C), by striking ‘‘, 

19 pursuant to a bilateral or multilateral agree20 ment,’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(5) TIMING FOR CONSIDERATION OF TERMI23 NATION OF ASYLUM STATUS IN REMOVAL PRO24 CEEDINGS.—If an alien’s asylum status is subject to 

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1 gration judge shall first determine whether the con2 ditions specified under that paragraph have been 

3 met, and if so, terminate the alien’s asylum status 

4 before considering whether the alien is eligible for 

5 adjustment of status under section 209.’’. 

6 SEC. 13. LIMITATION ON ELIGIBILITY FOR ASYLUM BASED 

7 ON GENERALIZED VIOLENCE. 

8 Section 208(b)(2)(B) of the Immigration and Nation9 ality Act (8 U.S.C. 1158(b)(2)(B)) is amended by adding 

10 at the end the following: 

11 ‘‘(iii) LIMITATION ON ELIGIBILITY

12 BASED ON GENERALIZED VIOLENCE.—An 

13 alien is not eligible for asylum under this 

14 section, or withholding of removal under 

15 section 241, based on any of the following 

16 circumstances: 

17 ‘‘(I) Being, or having been, a 

18 member of a criminal gang. 

19 ‘‘(II) Participating, or having 

20 participated, in the activities of a 

21 criminal gang. 

22 ‘‘(III) Having been recruited 

23 into, or having a fear of being re24 cruited into, membership of, or the ac25 tivities of, a criminal gang. 


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1 ‘‘(IV) Having been, or having a 

2 fear of being, the victim of a crime 

3 committed by a member of a criminal 

4 gang, or otherwise having been, or 

5 having a fear of being, the victim of 

6 a crime in the alien’s home country, 

7 unless the main motivating factor for 

8 the commission of the crime, or the 

9 fear of being the victim of a crime, is 

10 related to the alien’s race, religion, 

11 national origin, or political opinion.’’. 

12 SEC. 14. MEMBERSHIP IN A PARTICULAR SOCIAL GROUP 

13 DEFINED. 

14 Section 101(a) of the Immigration and Nationality 

15 Act (8 U.S.C. 1101(a)) is amended by adding at the end 

16 the following: 

17 ‘‘(53) The term ‘membership in a particular so18 cial group’ means membership in a group that is— 

19 ‘‘(A) composed of members who share a 

20 common immutable characteristic; 

21 ‘‘(B) defined with particularity; and 

22 ‘‘(C) socially distinct within the society in 

23 question.’’. 


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1 SEC. 15. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. 

2 (a) ASYLUM CREDIBILITY DETERMINATIONS.—Sec3 tion 208(b)(1)(B)(iii) of the Immigration and Nationality 

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

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

6 statements made to, and investigative reports prepared by, 

7 immigration authorities and other government officials’’. 

8 (b) RELIEF FOR REMOVAL CREDIBILITY DETER9 MINATIONS.—Section 240(c)(4)(C) of the Immigration 

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

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

12 including statements made to, and investigative reports 

13 prepared by, immigration authorities and other govern14 ment officials’’. 

15 SEC. 16. CLARIFICATION FOR CONDUCT OF ROGUE FOR16 EIGN OFFICIALS. 

17 (a) ASYLUM APPLICATIONS.—Section 208(b)(2)(B) 

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

19 1158(b)(2)(B)), as amended by this Act, is further amend20 ed by adding at the end the following: 

21 ‘‘(iv) ROGUE FOREIGN GOVERNMENT

22 OFFICIALS.—The burden of proof under 

23 paragraph (1)(B) may not be established 

24 based on the conduct of rogue foreign gov25 ernment officials acting outside the scope 

26 of their official capacity.’’. 


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1 (b) COUNTRIES TO WHICH AN ALIEN MAY BE RE2 MOVED.—Section 241(b)(3) of the Immigration and Na3 tionality Act (8 U.S.C. 1231(b)(3)) is amended by adding 

4 at the end the following: 

5 ‘‘(C) SPECIAL RULE.—The burden of proof 

6 for relief under this paragraph may not be es7 tablished based on the conduct of rogue foreign 

8 government officials acting outside the scope of 

9 their official capacity.’’. 

10 SEC. 17. TECHNICAL AMENDMENTS. 

11 Section 208 of the Immigration and Nationality Act 

12 (8 U.S.C. 1158) is amended— 

13 (1) in subsection (a)— 

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

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

16 ‘‘Attorney General’’; and 

17 (B) in paragraph (3), by inserting ‘‘Sec18 retary of Homeland Security or the’’ before 

19 ‘‘Attorney General’’; 

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

21 of Homeland Security or the’’ before ‘‘Attorney Gen22 eral’’ each place such term appears; 

23 (3) in subsection (c)— 

24 (A) in paragraph (1), by striking ‘‘Attor25 ney General’’ each place such term appears and 


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1 inserting ‘‘Secretary of Homeland Security’’; 

2 and 

3 (B) in paragraph (3), by inserting ‘‘Sec4 retary of Homeland Security or the’’ before 

5 ‘‘Attorney General’’; and 

6 (4) in subsection (d)— 

7 (A) in paragraph (1), by inserting ‘‘Sec8 retary of Homeland Security or the’’ before 

9 ‘‘Attorney General’’ each place such term ap10 pears; 

11 (B) in paragraph (2), by striking ‘‘Attor12 ney General’’ and inserting ‘‘Secretary of 

13 Homeland Security’’; 

14 (C) in paragraph (3), by inserting ‘‘Sec15 retary of Homeland Security or the’’ before 

16 ‘‘Attorney General’’ each place such term ap17 pears; 

18 (D) in paragraph (5)— 

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

20 ‘‘Secretary of Homeland Security or the’’ 

21 before ‘‘Attorney General’’; and 

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

23 ‘‘Secretary of Homeland Security or the’’ 

24 before ‘‘Attorney General’’; and 


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1 (E) in paragraph (6), by inserting ‘‘Sec2 retary of Homeland Security or the’’ before 

3 ‘‘Attorney General’’ each place such term ap4 pears. 

Æ 


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