II 

117TH CONGRESS 

1ST SESSION S. 863 

To require asylum officers at United States embassies and consulates to 

conduct credible fear screenings before aliens seeking asylum may be 

permitted to enter the United States to apply for asylum, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 18, 2021 

Mr. INHOFE (for himself, Mr. ROUNDS, Mrs. BLACKBURN, Mr. THUNE, and 

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

A BILL 

To require asylum officers at United States embassies and 

consulates to conduct credible fear screenings before 

aliens seeking asylum may be permitted to enter the 

United States to apply for asylum, 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 Abuse Reduc5 tion Act’’. 


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1 SEC. 2. ASYLUM INTERVIEWS. 

2 (a) BORDER CROSSINGS.—Notwithstanding section 

3 235(b)(1) of the Immigration and Nationality Act (8 

4 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in 

5 the United States attempts to enter the United States 

6 from Canada or Mexico at a land port of entry without 

7 a valid visa or other appropriate entry document, the im8 migration officer who is inspecting the alien— 

9 (1) may not admit or parole the alien into the 

10 United States; and 

11 (2) shall advise the alien to schedule an asylum 

12 hearing with the most convenient United States em13 bassy or consulate in Canada or Mexico. 

14 (b) CREDIBLE FEAR SCREENINGS.—An alien de15 scribed in subsection (a) may only be permitted to enter 

16 the United States to apply for asylum if an asylum officer 

17 stationed at a United States embassy or consulate— 

18 (1) has conducted an in-person or telephonic 

19 interview with the alien; and 

20 (2) as a result of such interview, has concluded 

21 that the alien— 

22 (A)(i) has been persecuted in the alien’s 

23 country of nationality on account of the alien’s 

24 race, religion, nationality, membership in a par25 ticular social group, or political opinion; 


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1 (ii) has a credible fear of persecution (as 

2 defined in section 235(b)(1)(B) of the Immigra3 tion and Nationality Act (8 U.S.C. 

4 1225(b)(1)(B))) if the alien returned to such 

5 country; or 

6 (iii) would be subject to torture by a gov7 ernment or public official acting under the color 

8 of law if the alien returned to his or her coun9 try of nationality; and 

10 (B) is otherwise eligible for asylum under 

11 section 208(a) of that Act (8 U.S.C. 1158(a)). 

12 SEC. 3. ASYLUM INELIGIBILITY. 

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

14 Act (8 U.S.C. 1158(a)(2)) is amended by adding at the 

15 end the following: 

16 ‘‘(F) TRANSIT THROUGH THIRD COUN17 TRY.— 

18 ‘‘(i) IN GENERAL.—Except as pro19 vided in clause (ii), paragraph (1) shall not 

20 apply to any alien who, on or after the 

21 date of the enactment of this subpara22 graph, enters, attempts to enter, or arrives 

23 in the United States through the Southern 

24 land border after transiting through, on 

25 the way to the United States, one or more 


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1 countries other than the country of citizen2 ship, nationality, or last lawful habitual 

3 residence of the alien. 

4 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

5 not apply if— 

6 ‘‘(I)(aa) the alien demonstrates 

7 that he or she applied for protection 

8 from persecution or torture in one or 

9 more countries (other than the coun10 try of citizenship, nationality, or last 

11 lawful habitual residence of the alien) 

12 through which the alien transited on 

13 the way to the United States; and 

14 ‘‘(bb) the alien received a final 

15 judgment denying the alien protection 

16 in such country; 

17 ‘‘(II) the alien demonstrates that 

18 he or she is or has been subject to a 

19 severe form of trafficking in persons; 

20 or 

21 ‘‘(III) the one or more countries 

22 through which the alien transited on 

23 the way to the United States were 

24 not, at the time of the transit, parties 

25 to— 


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1 ‘‘(aa) the Convention Relat2 ing to the Status of Refugees, 

3 done at Geneva July 28, 1951 

4 (as made applicable by the Pro5 tocol Relating to the Status of 

6 Refugees, done at New York 

7 January 31, 1967 (19 UST 

8 6223)); or 

9 ‘‘(bb) the Convention 

10 against Torture and Other Cruel, 

11 Inhuman or Degrading Treat12 ment or Punishment, done at 

13 New York December 10, 1984. 

14 ‘‘(G) INTERNAL RELOCATION.—Paragraph 

15 (1) shall not apply to an alien interviewed by an 

16 asylum officer under section 2(b) of the Asylum 

17 Abuse Reduction Act if the asylum officer 

18 makes a determination that the alien may avoid 

19 purported persecution or torture in the alien’s 

20 country of nationality by relocating to another 

21 part of such country.’’. 

22 SEC. 4. CRIMINAL BENCH WARRANTS. 

23 (a) ISSUANCE.—Each Federal judicial district shall 

24 appoint at least 1 magistrate or district court judge who, 

25 upon a showing of probable cause, shall issue a warrant 


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1 of arrest for a violation of section 243(a)(1) of the Immi2 gration and Nationality Act (8 U.S.C. 1253(a)(1)). 

3 (b) PROBABLE CAUSE.—An order of removal issued 

4 under any provision of the Immigration and Nationality 

5 Act (8 U.S.C. 1101 et seq.) that has been in existence 

6 90 days or more shall constitute prima facie evidence of 

7 probable cause to issue a warrant under subsection (a). 

8 SEC. 5. INAPPLICABILITY OF FLORES SETTLEMENT AGREE9 MENT TO ALIENS SUBJECT TO DETENTION. 

10 The stipulated settlement agreement filed in the 

11 United States District Court for the Central District of 

12 California on January 17, 1997 (CV 85–4544–RJK) 

13 (commonly known as the ‘‘Flores settlement agreement’’), 

14 shall not apply to the detention and custody of aliens sub15 ject to detention in the United States under the Immigra16 tion and Nationality Act (8 U.S.C. 1101 et seq.). 

Æ 


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