I 

118TH CONGRESS 

1ST SESSION H. R. 5651 

To deny asylum to members of a Communist or other totalitarian party, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 21, 2023 

Mr. NEHLS (for himself, Mr. GREEN of Tennessee, and Mr. DONALDS) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To deny asylum to members of a Communist or other 

totalitarian party, 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 ‘‘No Asylum for CCP 

5 Spies Act’’. 

6 SEC. 2. DENIAL OF ASYLUM TO MEMBERS OF A COMMUNIST 

7 OR OTHER TOTALITARIAN PARTY. 

8 Section 208(b)(2) of the Immigration and Nationality 

9 Act (8 U.S.C. 1158(b)(2)) is amended— 

10 (1) in subparagraph (A)— 


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1 (A) in clause (v), by striking ‘‘or’’ at the 

2 end; 

3 (B) in clause (vi), by striking the period at 

4 the end and inserting ‘‘; or’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(vii) the alien is described in section 

7 212(a)(3)(D)(i), except as provided in sub8 paragraph (B)(iii) and subject to’’; and 

9 (2) in subparagraph (B), by adding at the end 

10 the following: 

11 ‘‘(iii) EXCEPTION TO PARTY MEMBER12 SHIP.—Notwithstanding subparagraph 

13 (A)(vii), an alien who is described in sec14 tion 212(a)(3)(D)(i) may be granted asy15 lum pursuant to paragraph (1) if— 

16 ‘‘(I) the alien— 

17 ‘‘(aa) has, before applying 

18 for asylum and through a service 

19 approved by the Federal Govern20 ment, publicly renounced his or 

21 her membership in the Com22 munist or totalitarian party of 

23 which the alien was a member or 

24 with which the alien was affili25 ated and denounces such party 


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1 during the asylum adjudication 

2 process; and 

3 ‘‘(bb) establishes, to the sat4 isfaction of the Attorney General 

5 or the Secretary of Homeland Se6 curity, that the membership or 

7 affiliation of the alien with a 

8 Communist or totalitarian party 

9 is or was involuntary, limited to 

10 a period when the alien was 

11 younger than 16 years of age, 

12 automatic, by operation of law, 

13 without the alien’s personal ac14 quiescence, or solely for the pur15 pose of obtaining employment, 

16 food rations, or other living es17 sentials; and 

18 ‘‘(II) the Attorney General or the 

19 Secretary of Homeland Security, in 

20 consultation with the Director of Na21 tional Intelligence, determines that 

22 the alien is not a danger to the secu23 rity of the United States. 

24 ‘‘(iv) WAIVER.— 


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1 ‘‘(I) IN GENERAL.—In the case 

2 of an alien described in section 

3 212(a)(3)(D)(i) who is not eligible for 

4 asylum under clause (iii), the Attor5 ney General or the Secretary of 

6 Homeland Security may waive the ap7 plication of such section if the Attor8 ney General or the Secretary, in con9 sultation with the Director of Na10 tional Intelligence, determines that 

11 such alien has significant information 

12 relating to national security. 

13 ‘‘(II) CONDITIONS.—An alien 

14 may only be granted a waiver under 

15 this clause if— 

16 ‘‘(aa) the alien, through a 

17 service approved by the Federal 

18 Government, publicly renounces 

19 his or her membership in the 

20 Communist or totalitarian party 

21 of which the alien was a member 

22 or with which the alien was affili23 ated and denounces such party 

24 during the asylum adjudication 

25 process; and 


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1 ‘‘(bb) the Attorney General 

2 or the Secretary of Homeland Se3 curity, in consultation with the 

4 Director of National Intelligence, 

5 determines that the alien is not a 

6 danger to the security of the 

7 United States.’’. 

Æ 


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