I 

116TH CONGRESS 

1ST SESSION H. R. 4030 

To require asylum officers to conduct credible fear screenings before admitting 

aliens seeking asylum into the United States, to direct the Secretary 

of Homeland Security to establish an alternatives to detention pilot 

program, and to clarify that aliens transiting through third countries 

on the way to the United States are ineligible for asylum, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2019 

Mr. KEVIN HERN of Oklahoma introduced the following bill; which was 

referred to the Committee on the Judiciary 

A BILL 

To require asylum officers to conduct credible fear screenings 

before admitting aliens seeking asylum into the United 

States, to direct the Secretary of Homeland Security 

to establish an alternatives to detention pilot program, 

and to clarify that aliens transiting through third countries on the way to the United States are ineligible 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Asylum Abuse Reduc3 tion Act’’. 

4 SEC. 2. ASYLUM INTERVIEWS. 

5 (a) BORDER CROSSINGS.—If an alien who is seeking 

6 asylum in the United States attempts to enter the United 

7 States from Canada or Mexico at a land port of entry 

8 without a valid visa or other appropriate entry documents, 

9 the immigration officer who is inspecting such alien— 

10 (1) may not admit such alien into the United 

11 States; and 

12 (2) shall advise such alien to schedule an asy13 lum hearing with the most convenient United States 

14 embassy or consulate in Canada or Mexico. 

15 (b) CREDIBLE FEAR SCREENINGS.—An alien de16 scribed in subsection (a) may not be admitted into the 

17 United States unless an asylum officer stationed at a 

18 United States embassy or consulate— 

19 (1) has conducted an in-person interview with 

20 the alien; and 

21 (2) as a result of the interview conducted under 

22 paragraph (1), has concluded that the alien— 

23 (A) has been persecuted in the alien’s 

24 country of origin on account of the alien’s race, 

25 religion, nationality, membership in a particular 


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1 social group, or political opinion if the alien re2 turned to such country; or 

3 (B) would be subject to torture if the alien 

4 returned to his or her country of origin. 

5 SEC. 3. CRIMINAL BENCH WARRANTS. 

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

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

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

9 of arrest for a violation of section 243(a)(1) of the Immi10 gration and Nationality Act (8 U.S.C. 1253(a)(1)). 

11 (b) PROBABLE CAUSE.—A warrant of removal issued 

12 under any provision of the Immigration and Nationality 

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

14 90 days or more shall constitute prima facie evidence of 

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

16 SEC. 4. ALTERNATIVES TO DETENTION PILOT PROGRAM. 

17 (a) ESTABLISHMENT.—The Secretary of Homeland 

18 Security, in consultation with the Director of U.S. Immi19 gration and Customs Enforcement, shall establish an al20 ternatives to detention pilot program in which aliens may 

21 be released to the supervision of a qualified organization 

22 that has entered into a contract with the Federal Govern23 ment to facilitate the alien’s compliance with all stages 

24 of the immigration proceedings. 


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1 (b) REQUIREMENTS.—An alien may not participate 

2 in the pilot program established under subsection (a) un3 less the alien— 

4 (1) certifies that he or she will comply with all 

5 stages of the immigration proceedings, including re6 moval, if ordered; 

7 (2) acknowledges that he or she is only entitled 

8 to a single appeal of a decision by an immigration 

9 judge; and 

10 (3) signs a privacy waiver. 

11 (c) CONSEQUENCES OF BREACH.—An alien who fails 

12 to comply with the requirements under subsection (b) may 

13 be subject to a warrant of arrest, detention, and expedited 

14 removal proceedings. 

15 (d) PERFORMANCE METRICS.—The Secretary of 

16 Homeland Security, in consultation with the Director of 

17 U.S. Immigration and Customs Enforcement, shall de18 velop performance metrics to ensure that organizations 

19 that enter into a contract pursuant to subsection (a) are 

20 complying with performance standards. Such metrics 

21 should include, with respect to aliens released to the super22 vision of an organization— 

23 (1) absconsion rate; 

24 (2) arrest rate; 


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1 (3) rate of completion of immigration case, in2 clude removal; and 

3 (4) other metrics that the Secretary determines 

4 are related to compliance with performance stand5 ards. 

6 (e) PENALTIES.—If an organization that has entered 

7 into a contract pursuant to subsection (a) fails to comply 

8 with the performance standards required by such contract, 

9 the Secretary may— 

10 (1) require funds paid to the organization for 

11 any period of noncompliance to be returned; 

12 (2) terminate the contract with the organiza13 tion; or 

14 (3) impose any other penalty authorized by the 

15 contract. 

16 (f) REPORT.—The Secretary of Homeland Security 

17 shall submit to the Committee on the Judiciary and the 

18 Committee on Homeland Security and Governmental Af19 fairs of the Senate and the Committee on the Judiciary 

20 and the Committee on Homeland Security of the House 

21 of Representatives a report on the implementation of the 

22 alternatives to detention pilot program established under 

23 this section. 


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1 SEC. 5. ASYLUM INELIGIBILITY FOR ALIENS TRANSITING 

2 THROUGH THIRD COUNTRY. 

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

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

5 end the following: 

6 ‘‘(F) TRANSIT THROUGH THIRD COUN7 TRY.— 

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), paragraph (1) shall not 

10 apply to any alien who, on or after date of 

11 the enactment of this subparagraph, en12 ters, attempts to enter, or arrives in the 

13 United States through the Southern land 

14 border after transiting through, on the way 

15 to the United States, one or more coun16 tries other than the country of citizenship, 

17 nationality, or last lawful habitual resi18 dence of the alien. 

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

20 not apply if— 

21 ‘‘(I)(aa) the alien demonstrates 

22 that he or she applied for protection 

23 from persecution or torture in one or 

24 more countries (other than the coun25 try of citizenship, nationality, or last 

26 lawful habitual residence of the alien) 


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1 through which the alien transited on 

2 the way to the United States; and 

3 ‘‘(bb) the alien received a final 

4 judgment denying the alien protection 

5 in such country; 

6 ‘‘(II) the alien demonstrates that 

7 he or she is or has been subject to a 

8 severe form of trafficking in persons; 

9 or 

10 ‘‘(III) the one or more countries 

11 through which the alien transited on 

12 the way to the United States were 

13 not, at the time of the transit, parties 

14 to— 

15 ‘‘(aa) the Convention Relat16 ing to the Status of Refugees, 

17 done at Geneva July 28, 1951 

18 (as made applicable by the Pro19 tocol Relating to the Status of 

20 Refugees, done at New York 

21 January 31, 1967 (19 UST 

22 6223); or 

23 ‘‘(bb) the Convention 

24 against Torture and Other Cruel, 

25 Inhuman or Degrading TreatVerDate Sep 11 2014 18:48 Aug 14, 2019 Jkt 034408 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4030.IH H4030

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1 ment or Punishment, done at 

2 New York December 10, 1984.’’. 

Æ 


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