I 

116TH CONGRESS 

1ST SESSION H. R. 3748 

To amend the Immigration and Nationality Act with respect to in absentia 

removal proceedings, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 12, 2019 

Mr. PANETTA introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act with respect 

to in absentia removal proceedings, 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 ‘‘Providing Justice for 

5 Asylum Seekers Act of 2019’’. 

6 SEC. 2. INITIATION OF REMOVAL PROCEEDINGS. 

7 Section 239(a) of the Immigration and Nationality 

8 Act (8 U.S.C. 1229(a)) is amended— 


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1 (1) in paragraph (1)(F), by inserting ‘‘the Sec2 retary of Homeland Security or’’ before ‘‘the Attor3 ney General’’ each place such term appears; and 

4 (2) in paragraph (2)(A), by striking ‘‘the alien 

5 or to the alien’s counsel of record’’ and inserting 

6 ‘‘the alien and to the alien’s counsel of record’’. 

7 SEC. 3. REMOVAL PROCEEDINGS. 

8 Section 240(b) of the Immigration and Nationality 

9 Act (8 U.S.C. 1229a(b)) is amended— 

10 (1) in paragraph (5)— 

11 (A) by amending subparagraph (A) to read 

12 as follows: 

13 ‘‘(A) REMOVAL IN ABSENTIA.— 

14 ‘‘(i) IN GENERAL.—Any alien who, 

15 after a proceeding under this section is re16 scheduled by an immigration judge due to 

17 the alien’s failure to attend such pro18 ceeding, and written notice required under 

19 paragraph (1) or (2) of section 239(a) has 

20 been provided to the alien or the alien’s 

21 counsel of record, does not attend a pro22 ceeding under this section, may be ordered 

23 removed in absentia if the Secretary of 

24 Homeland Security establishes by clear, 


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1 unequivocal, and convincing evidence 

2 that— 

3 ‘‘(I) sufficient written notice was 

4 so provided; 

5 ‘‘(II) the alien is removable (as 

6 defined in subsection (e)(2)); and 

7 ‘‘(III) in the case of an alien re8 quired to periodically report to the 

9 Department of Homeland Security, 

10 the alien has demonstrated a pattern 

11 of failing to report. 

12 ‘‘(ii) SUFFICIENT NOTICE.—The writ13 ten notice provided by the Attorney Gen14 eral shall be considered sufficient for pur15 poses of this subparagraph if provided at 

16 the most recent address provided under 

17 section 239(a)(1)(F).’’; and 

18 (B) in subparagraph (C)— 

19 (i) in clause (i)— 

20 (I) by striking ‘‘within 180 days’’ 

21 and inserting ‘‘at any time’’; and 

22 (II) by striking ‘‘or’’ at the end; 

23 (ii) in clause (ii), by striking the pe24 riod at the end and inserting ‘‘, or’’; 


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1 (iii) by inserting after clause (ii) the 

2 following: 

3 ‘‘(iii) upon a motion to reopen filed at 

4 any time if the alien is a minor child.’’; 

5 and 

6 (iv) by striking ‘‘clause (i) or (ii)’’ and 

7 inserting ‘‘clause (i), (ii), or (iii)’’; and 

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

9 ‘‘(8) CHECK-IN HISTORY.—Before an immigra10 tion judge conducts a proceeding under this section, 

11 the Secretary of Homeland Security shall report to 

12 the immigration judge the extent to which the alien 

13 has complied with any requirement to report periodi14 cally the alien’s whereabouts to the Secretary of 

15 Homeland Security.’’. 

Æ 


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