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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4030 Introduced in House (IH)]

<DOC>

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Asylum Abuse Reduction Act''.

SEC. 2. ASYLUM INTERVIEWS.

    (a) Border Crossings.--If an alien who is seeking asylum in the 
United States attempts to enter the United States from Canada or Mexico 
at a land port of entry without a valid visa or other appropriate entry 
documents, the immigration officer who is inspecting such alien--
            (1) may not admit such alien into the United States; and
            (2) shall advise such alien to schedule an asylum hearing 
        with the most convenient United States embassy or consulate in 
        Canada or Mexico.
    (b) Credible Fear Screenings.--An alien described in subsection (a) 
may not be admitted into the United States unless an asylum officer 
stationed at a United States embassy or consulate--
            (1) has conducted an in-person interview with the alien; 
        and
            (2) as a result of the interview conducted under paragraph 
        (1), has concluded that the alien--
                    (A) has been persecuted in the alien's country of 
                origin on account of the alien's race, religion, 
                nationality, membership in a particular social group, 
                or political opinion if the alien returned to such 
                country; or
                    (B) would be subject to torture if the alien 
                returned to his or her country of origin.

SEC. 3. CRIMINAL BENCH WARRANTS.

    (a) Issuance.--Each Federal judicial district shall appoint at 
least 1 magistrate or district court judge who, upon a showing of 
probable cause, shall issue a warrant of arrest for a violation of 
section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
1253(a)(1)).
    (b) Probable Cause.--A warrant of removal issued under any 
provision of the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) that has been in existence 90 days or more shall constitute prima 
facie evidence of probable cause to issue a warrant under subsection 
(a).

SEC. 4. ALTERNATIVES TO DETENTION PILOT PROGRAM.

    (a) Establishment.--The Secretary of Homeland Security, in 
consultation with the Director of U.S. Immigration and Customs 
Enforcement, shall establish an alternatives to detention pilot program 
in which aliens may be released to the supervision of a qualified 
organization that has entered into a contract with the Federal 
Government to facilitate the alien's compliance with all stages of the 
immigration proceedings.
    (b) Requirements.--An alien may not participate in the pilot 
program established under subsection (a) unless the alien--
            (1) certifies that he or she will comply with all stages of 
        the immigration proceedings, including removal, if ordered;
            (2) acknowledges that he or she is only entitled to a 
        single appeal of a decision by an immigration judge; and
            (3) signs a privacy waiver.
    (c) Consequences of Breach.--An alien who fails to comply with the 
requirements under subsection (b) may be subject to a warrant of 
arrest, detention, and expedited removal proceedings.
    (d) Performance Metrics.--The Secretary of Homeland Security, in 
consultation with the Director of U.S. Immigration and Customs 
Enforcement, shall develop performance metrics to ensure that 
organizations that enter into a contract pursuant to subsection (a) are 
complying with performance standards. Such metrics should include, with 
respect to aliens released to the supervision of an organization--
            (1) absconsion rate;
            (2) arrest rate;
            (3) rate of completion of immigration case, include 
        removal; and
            (4) other metrics that the Secretary determines are related 
        to compliance with performance standards.
    (e) Penalties.--If an organization that has entered into a contract 
pursuant to subsection (a) fails to comply with the performance 
standards required by such contract, the Secretary may--
            (1) require funds paid to the organization for any period 
        of noncompliance to be returned;
            (2) terminate the contract with the organization; or
            (3) impose any other penalty authorized by the contract.
    (f) Report.--The Secretary of Homeland Security shall submit to the 
Committee on the Judiciary and the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on the Judiciary 
and the Committee on Homeland Security of the House of Representatives 
a report on the implementation of the alternatives to detention pilot 
program established under this section.

SEC. 5. ASYLUM INELIGIBILITY FOR ALIENS TRANSITING THROUGH THIRD 
              COUNTRY.

    Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(a)(2)) is amended by adding at the end the following:
                    ``(F) Transit through third country.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), paragraph (1) shall not apply to 
                        any alien who, on or after date of the 
                        enactment of this subparagraph, enters, 
                        attempts to enter, or arrives in the United 
                        States through the Southern land border after 
                        transiting through, on the way to the United 
                        States, one or more countries other than the 
                        country of citizenship, nationality, or last 
                        lawful habitual residence of the alien.
                            ``(ii) Exceptions.--Clause (i) shall not 
                        apply if--
                                    ``(I)(aa) the alien demonstrates 
                                that he or she applied for protection 
                                from persecution or torture in one or 
                                more countries (other than the country 
                                of citizenship, nationality, or last 
                                lawful habitual residence of the alien) 
                                through which the alien transited on 
                                the way to the United States; and
                                    ``(bb) the alien received a final 
                                judgment denying the alien protection 
                                in such country;
                                    ``(II) the alien demonstrates that 
                                he or she is or has been subject to a 
                                severe form of trafficking in persons; 
                                or
                                    ``(III) the one or more countries 
                                through which the alien transited on 
                                the way to the United States were not, 
                                at the time of the transit, parties 
                                to--
                                            ``(aa) the Convention 
                                        Relating to the Status of 
                                        Refugees, done at Geneva July 
                                        28, 1951 (as made applicable by 
                                        the Protocol Relating to the 
                                        Status of Refugees, done at New 
                                        York January 31, 1967 (19 UST 
                                        6223); or
                                            ``(bb) the Convention 
                                        against Torture and Other 
                                        Cruel, Inhuman or Degrading 
                                        Treatment or Punishment, done 
                                        at New York December 10, 
                                        1984.''.
                                 <all>
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