USA Act of 2023

Subjects: Immigration


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3217 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3217

 To amend the Immigration and Nationality Act to tighten asylum laws, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2023

 Mr. Carter of Texas introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to tighten asylum laws, 
                        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 ``Updated Standards for Asylum Act of 
2023'' or the ``USA Act of 2023''.

SEC. 2. CREDIBLE FEAR INTERVIEWS.

    Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``claim'' and all that 
follows, and inserting ``claim, as determined pursuant to section 
208(b)(1)(B)(iii), and such other facts as are known to the officer, 
that the alien could establish eligibility for asylum under section 
208, and it is more probable than not that the statements made by, and 
on behalf of, the alien in support of the alien's claim are true.''.

SEC. 3. JURISDICTION OF ASYLUM APPLICATIONS.

    Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1158) is amended by striking subparagraph (C).

SEC. 4. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.

    (a) In General.--The Secretary of Homeland Security shall establish 
quality assurance procedures and take steps to effectively ensure that 
questions by employees of the Department of Homeland Security 
exercising expedited removal authority under section 235(b) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a 
uniform manner, to the extent possible, and that both these questions 
and the answers provided in response to them are recorded in a uniform 
fashion.
    (b) Factors Relating to Sworn Statements.--Where practicable, any 
sworn or signed written statement taken of an alien as part of the 
record of a proceeding under section 235(b)(1)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a 
recording of the interview which served as the basis for that sworn 
statement.
    (c) Interpreters.--The Secretary shall ensure that a competent 
interpreter, not affiliated with the government of the country from 
which the alien may claim asylum, is used when the interviewing officer 
does not speak a language understood by the alien.
    (d) Recordings in Immigration Proceedings.--There shall be an audio 
or audio visual recording of interviews of aliens subject to expedited 
removal. The recording shall be included in the record of proceeding 
and shall be considered as evidence in any further proceedings 
involving the alien.
    (e) No Private Right of Action.--Nothing in this section shall be 
construed to create any right, benefit, trust, or responsibility, 
whether substantive or procedural, enforceable in law or equity by a 
party against the United States, its departments, agencies, 
instrumentalities, entities, officers, employees, or agents, or any 
person, nor does this section create any right of review in any 
administrative, judicial, or other proceeding.

SEC. 5. SAFE THIRD COUNTRY.

    Section 208(a)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1158(a)(2)(A)) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security''; and
            (2) by striking ``removed, pursuant to a bilateral or 
        multilateral agreement, to'' and inserting ``removed to''.

SEC. 6. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME 
              COUNTRY.

    (a) In General.--Section 208(c) of the Immigration and Nationality 
Act (8 U.S.C. 1158(c)) is amended by adding at the end the following 
new paragraph:
            ``(4) Renunciation of status pursuant to return to home 
        country.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any alien who is granted asylum under 
                this Act, who, absent changed country conditions, 
                subsequently returns to the country of such alien's 
                nationality or, in the case of an alien having no 
                nationality, returns to any country in which such alien 
                last habitually resided, and who applied for such 
                status because of persecution or a well-founded fear of 
                persecution in that country on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion, shall have his or 
                her status terminated.
                    ``(B) Waiver.--The Secretary has discretion to 
                waive subparagraph (A) if it is established to the 
                satisfaction of the Secretary that the alien had a 
                compelling reason for the return. The waiver may be 
                sought prior to departure from the United States or 
                upon return.''.
    (b) Conforming Amendment.--Section 208(c)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after 
``paragraph (2)'' the following: ``or (4)''.

SEC. 7. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

    (a) In General.--Section 208(d)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``the Secretary of Homeland Security or'' before ``the Attorney 
        General'';
            (2) in subparagraph (A), by striking ``and of the 
        consequences, under paragraph (6), of knowingly filing a 
        frivolous application for asylum; and'' and inserting a 
        semicolon;
            (3) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(C) ensure that a written warning appears on the 
                asylum application advising the alien of the 
                consequences of filing a frivolous application, which 
                written warning shall serve as notice to the alien of 
                the consequence of filing a frivolous application.''.
    (b) Conforming Amendment.--Section 208(d)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the'' 
and all that follows and inserting:
                    ``(A) Determination.--If the Secretary of Homeland 
                Security or the Attorney General determines that an 
                alien has knowingly made a frivolous application for 
                asylum and the alien has received the notice under 
                paragraph (4)(C), the alien shall be permanently 
                ineligible for any benefits under this Act, effective 
                as the date of the final determination of such an 
                application.
                    ``(B) Criteria.--An application is frivolous if the 
                Secretary of Homeland Security or the Attorney General 
                determines, consistent with subparagraph (C), that--
                            ``(i) it is so insufficient in substance 
                        that it is clear that the applicant knowingly 
                        filed the application solely or in part to 
                        delay removal from the United States, to seek 
                        employment authorization as an applicant for 
                        asylum pursuant to regulations issued pursuant 
                        to paragraph (2), or to seek issuance of a 
                        Notice to Appeal in order to pursue 
                        Cancellation of Removal under section 240A(b); 
                        or
                            ``(ii) any of the material elements of the 
                        application are knowingly fabricated.
                    ``(C) Opportunity to clarify.--The Secretary of the 
                Attorney General may not make a determination under 
                this paragraph that an application is frivolous unless, 
                during the course of the proceedings, the applicant has 
                had sufficient opportunity to clarify any discrepancies 
                or implausible aspects of the claim.
                    ``(D) Availability of certain relief.--A finding 
                under this paragraph that an alien filed a frivolous 
                asylum application shall not preclude the alien from 
                seeking withholding of removal under section 241(b)(3) 
                or protection pursuant to the Convention Against 
                Torture.''.

SEC. 8. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.

    (a) Asylum Credibility Determinations.--Section 208(b)(1)(B)(iii) 
of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is 
amended by inserting after ``all relevant factors'' the following: ``, 
including statements made to, and investigative reports prepared by, 
immigration authorities and other government officials''.
    (b) Relief for Removal Credibility Determinations.--Section 
240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 
1229a(c)(4)(C)) is amended by inserting after ``all relevant factors'' 
the following: ``, including statements made to, and investigative 
reports prepared by, immigration authorities and other government 
officials''.

SEC. 9. PENALTIES FOR ASYLUM FRAUD.

    Section 1001 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(d) Whoever, in any matter before the Secretary of Homeland 
Security or the Attorney General pertaining to an application for 
asylum or the adjudication of an application for asylum under section 
208 of the Immigration and Nationality Act (8 U.S.C. 1158) or 
withholding of removal under section 241(b)(3) of such Act (8 U.S.C. 
1231), knowingly and willfully--
            ``(1) makes any materially false, fictitious, or fraudulent 
        statement or representation; or
            ``(2) makes or uses any false writings or document knowing 
        the same to contain any materially false, fictitious, or 
        fraudulent statement or entry,
shall be fined under this title or imprisoned not more than 10 years, 
or both.''.

SEC. 10. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.

    Section 3291 of title 18, United States Code, is amended by 
striking ``1544,'' and inserting ``1544, and section 1546,''.

SEC. 11. TECHNICAL AMENDMENTS.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(D), by inserting ``Secretary 
                of Homeland Security or the'' before ``Attorney 
                General''; and
                    (B) in paragraph (3), by inserting ``Secretary of 
                Homeland Security or the'' before ``Attorney General'';
            (2) in subsection (b)(2), by inserting ``Secretary of 
        Homeland Security or the'' before ``Attorney General'' each 
        place such term appears;
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``Attorney 
                General'' each place such term appears and inserting 
                ``Secretary of Homeland Security'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by inserting ``Secretary of Homeland 
                Security or the'' before ``Attorney General''; and
                    (C) in paragraph (3), by inserting ``Secretary of 
                Homeland Security or the'' before ``Attorney General''; 
                and
            (4) in subsection (d)--
                    (A) in paragraph (1), by inserting ``Secretary of 
                Homeland Security or the'' before ``Attorney General'' 
                each place such term appears;
                    (B) in paragraph (2), by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security''; and
                    (C) in paragraph (5)--
                            (i) in subparagraph (A), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security''; and
                            (ii) in subparagraph (B), by inserting 
                        ``Secretary of Homeland Security or the'' 
                        before ``Attorney General''.
                                 &lt;all&gt;
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