I 

116TH CONGRESS 

1ST SESSION H. R. 3857 

To amend the Immigration and Nationality Act to reform asylum procedures 

related to the filing of frivolous applications, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 19, 2019 

Mrs. LESKO introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to reform 

asylum procedures related to the filing of frivolous applications, 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. NOTICE CONCERNING FRIVOLOUS ASYLUM AP4 PLICATIONS. 

5 (a) IN GENERAL.—Section 208(d)(4) of the Immi6 gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 

7 amended— 

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

9 by inserting ‘‘the Secretary of Homeland Security 

10 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 General 

19 must be satisfied that the applicant, during the 

20 course of the proceedings, has had sufficient op21 portunity to clarify any discrepancies or implau22 sible 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. 2. 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’’. 

Æ 


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