Stopping Border Surges Act

Subjects: Immigration


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 685 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 685

To close loopholes in the immigration laws that serve as incentives to 
aliens to attempt to enter the United States unlawfully, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2023

Mr. Lee (for himself, Mr. Cruz, Mr. Tuberville, Mr. Daines, Mrs. Britt, 
 Mrs. Blackburn, Mr. Cotton, Mr. Moran, Mr. Graham, Mr. Grassley, Mr. 
  Braun, and Ms. Ernst) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To close loopholes in the immigration laws that serve as incentives to 
aliens to attempt to enter the United States unlawfully, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Stopping Border 
Surges Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--UNACCOMPANIED ALIEN CHILDREN

Sec. 101. Repatriation of unaccompanied alien children.
Sec. 102. Clarification of standards for family detention.
Sec. 103. Special immigrant juvenile status for immigrants unable to 
                            reunite with either parent.
                        TITLE II--ASYLUM REFORM

Sec. 201. Clarification of asylum eligibility.
Sec. 202. Safe third country.
Sec. 203. Application timing.
Sec. 204. Clarification of burden of proof.
Sec. 205. Anti-fraud investigative work product.
Sec. 206. Additional exception.
Sec. 207. Jurisdiction of asylum applications.
Sec. 208. Renunciation of asylum status pursuant to return to home 
                            country.
Sec. 209. Clarification regarding employment eligibility.
Sec. 210. Notice concerning frivolous asylum applications.
Sec. 211. Credible fear interviews.
Sec. 212. Recording expedited removal and credible fear interviews.
Sec. 213. Penalties for asylum fraud.
Sec. 214. Statute of limitations for asylum fraud.
Sec. 215. Technical amendments.

                 TITLE I--UNACCOMPANIED ALIEN CHILDREN

SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by amending the paragraph heading to 
                        read as follows: ``Rules for unaccompanied 
                        alien children.--'';
                            (ii) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``who is a national or 
                                habitual resident of a country that is 
                                contiguous with the United States'';
                                    (II) in clause (i), by inserting 
                                ``and'' at the end;
                                    (III) in clause (ii), by striking 
                                ``; and'' and inserting a period; and
                                    (IV) by striking clause (iii);
                            (iii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``(8 U.S.C. 1101 et 
                                seq.) may--'' and inserting ``(8 U.S.C. 
                                1101 et seq.)--'';
                                    (II) in clause (i), by inserting 
                                before ``permit such child to 
                                withdraw'' the following: ``may''; and
                                    (III) in clause (ii), by inserting 
                                before ``return such child'' the 
                                following: ``shall''; and
                            (iv) in subparagraph (C)--
                                    (I) by amending the subparagraph 
                                heading to read as follows: 
                                ``Agreements with foreign countries.--
                                ''; and
                                    (II) in the matter preceding clause 
                                (i), by striking ``The Secretary of 
                                State shall negotiate agreements 
                                between the United States and countries 
                                contiguous to the United States'' and 
                                inserting ``The Secretary of State may 
                                negotiate agreements between the United 
                                States and any foreign country that the 
                                Secretary determines appropriate'';
                    (B) by redesignating paragraphs (3) through (5) as 
                paragraphs (4) through (6), respectively;
                    (C) by inserting after paragraph (2) the following:
            ``(3) Special rules for interviewing unaccompanied alien 
        children.--An unaccompanied alien child shall be interviewed by 
        an immigration officer with specialized training in 
        interviewing child trafficking victims.''; and
                    (D) in paragraph (6)(D), as redesignated--
                            (i) in the matter preceding clause (i), by 
                        striking ``, except for an unaccompanied alien 
                        child from a contiguous country subject to 
                        exceptions under subsection (a)(2),'' and 
                        inserting ``who does not meet the criteria 
                        listed in paragraph (2)(A)''; and
                            (ii) in clause (i), by inserting ``, which 
                        shall include a hearing before an immigration 
                        judge not later than 14 days after being 
                        screened under paragraph (4)'' before the 
                        semicolon at the end;
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        ``believed not to meet the criteria listed in 
                        subsection (a)(2)(A)'' before the semicolon at 
                        the end; and
                            (ii) in subparagraph (B), by inserting 
                        ``and does not meet the criteria listed in 
                        subsection (a)(2)(A)'' before the period at the 
                        end; and
                    (B) in paragraph (3), by striking ``an 
                unaccompanied alien child in custody shall'' and all 
                that follows, and inserting the following: ``an 
                unaccompanied alien child in custody--
                    ``(A) in the case of a child who does not meet the 
                criteria listed in subsection (a)(2)(A), shall transfer 
                the custody of such child to the Secretary of Health 
                and Human Services not later than 30 days after 
                determining that such child is an unaccompanied alien 
                child who does not meet such criteria; or
                    ``(B) in the case of child who meets the criteria 
                listed in subsection (a)(2)(A), may transfer the 
                custody of such child to the Secretary of Health and 
                Human Services after determining that such child is an 
                unaccompanied alien child who meets such criteria.''; 
                and
            (3) in subsection (c)--
                    (A) in paragraph (3), by adding at the end the 
                following:
                    ``(D) Information about individuals with whom 
                children are placed.--
                            ``(i) Information to be provided to the 
                        department of homeland security.--Before 
                        placing an unaccompanied alien child with an 
                        individual, the Secretary of Health and Human 
                        Services shall provide to the Secretary of 
                        Homeland Security, regarding the individual 
                        with whom the child will be placed, the 
                        following information:
                                    ``(I) The name of the individual.
                                    ``(II) The Social Security number 
                                of the individual, if available.
                                    ``(III) The date of birth of the 
                                individual.
                                    ``(IV) The location of the 
                                individual's residence where the child 
                                will be placed.
                                    ``(V) The immigration status of the 
                                individual, if known.
                                    ``(VI) Contact information for the 
                                individual.
                            ``(ii) Special rule.--Not later than 90 
                        days after the date of the enactment of this 
                        subparagraph, the Secretary of Health and Human 
                        Services shall provide to the Secretary of 
                        Homeland Security the information listed in 
                        clause (i) with respect to any unaccompanied 
                        alien child apprehended between January 1, 
                        2021, and such date of enactment who the 
                        Secretary of Health and Human Services has 
                        placed with an individual.
                            ``(iii) Activities of the secretary of 
                        homeland security.--Not later than 30 days 
                        after receiving the information listed in 
                        clause (i), the Secretary of Homeland Security 
                        shall--
                                    ``(I) if the immigration status of 
                                an individual with whom a child is 
                                placed is unknown, investigate the 
                                immigration status of such individual; 
                                and
                                    ``(II) upon determining that an 
                                individual with whom a child is placed 
                                is unlawfully present in the United 
                                States, initiate removal proceedings 
                                against such individual pursuant to 
                                chapter 4 of title II of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1221 et seq.)''; and
                    (B) in paragraph (5)--
                            (i) by inserting after ``to the greatest 
                        extent practicable'' the following: ``(at no 
                        expense to the Government)''; and
                            (ii) by striking ``have counsel to 
                        represent them'' and inserting ``have access to 
                        counsel to represent them''.
    (b) Effective Date.--The amendments made by this section shall 
apply to any unaccompanied alien child apprehended on or after the date 
of enactment of this Act.

SEC. 102. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

    (a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended by adding at the end the following:
    ``(j) Rule of Construction.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, judicial determination, consent decree, or settlement 
        agreement, the detention of any alien child who is not an 
        unaccompanied alien child shall be governed by sections 217, 
        235, 236, and 241 of the Immigration and Nationality Act (8 
        U.S.C. 1187, 1225, 1226, and 1231). There is no presumption 
        that an alien child who is not an unaccompanied alien child 
        should not be detained, and all determinations regarding the 
        detention of such children shall be in the discretion of the 
        Secretary of Homeland Security.
            ``(2) Release of minors other than unaccompanied aliens.--
        An alien minor who is not an unaccompanied alien child may not 
        be released by the Secretary of Homeland Security other than to 
        a parent or legal guardian who is lawfully present in the 
        United States.
            ``(3) Family detention.--The Secretary of Homeland Security 
        shall--
                    ``(A) maintain the care and custody of an alien, 
                during the period during which the charges described in 
                clause (i) are pending, who--
                            ``(i) is charged only with a misdemeanor 
                        offense under section 275(a) of the Immigration 
                        and Nationality Act (8 U.S.C. 1325(a)); and
                            ``(ii) entered the United States with the 
                        alien's child who has not attained 18 years of 
                        age; and
                    ``(B) detain the alien with the alien's child.''.
    (b) Sense of Congress.--It is the sense of Congress that the 
amendment made by subsection (a) is intended to satisfy the 
requirements of the Settlement Agreement in Flores v. Meese, No. 85-
4544 (C.D. Cal) as approved by the court on January 28, 1997, with 
respect to its interpretation in Flores v. Johnson, 212 F. Supp. 3d 864 
(C.D. Cal. 2015), that the agreement applies to accompanied minors.
    (c) Effective Date.--The amendment made by subsection (a)--
            (1) shall take effect on the date of the enactment of this 
        Act; and
            (2) shall apply to all actions that occur before, on, or 
        after such date of enactment.
    (d) Preemption of State Licensing Requirements.--Notwithstanding 
any other provision of law, judicial determination, consent decree, or 
settlement agreement, no State may require that an immigration 
detention facility used to detain children who have not attained 18 
years of age, or families consisting of 1 or more of such children and 
the parents or legal guardians of such children, that is located in 
such State, be licensed by the State or by any political subdivision of 
such State.

SEC. 103. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO 
              REUNITE WITH EITHER PARENT.

    Section 101(a)(27)(J) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(J)) is amended--
            (1) in clause (i), by striking ``, and whose reunification 
        with 1 or both of the immigrant's parents is not viable due to 
        abuse, neglect, abandonment, or a similar basis found under 
        State law''; and
            (2) in clause (iii)--
                    (A) in subclause (I), by striking ``and'' at the 
                end;
                    (B) in subclause (II), by adding ``and'' at the 
                end; and
                    (C) by adding at the end the following:
                                    ``(III) an alien may not be granted 
                                special immigrant juvenile status under 
                                this subparagraph if his or her 
                                reunification with any parent or legal 
                                guardian is not precluded by abuse, 
                                neglect, abandonment, or any similar 
                                cause under State law;''.

                        TITLE II--ASYLUM REFORM

SEC. 201. CLARIFICATION OF ASYLUM ELIGIBILITY.

    (a) Place of Arrival.--Section 208(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1158(a)(1)) is amended--
            (1) by striking ``or who arrives in the United States 
        (whether or not at a designated port of arrival and including 
        an alien who is brought to the United States after having been 
        interdicted in international or United States waters),''; and
            (2) by inserting ``and has arrived in the United States at 
        a port of entry,'' after ``United States''.
    (b) Eligibility.--Section 208(b)(1)(A) of such Act (8 U.S.C. 
1158(b)(1)(A)) is amended by inserting ``and is eligible to apply for 
asylum under subsection (a)'' after ``section 101(a)(42)(A)''.

SEC. 202. 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 ``if the Attorney General determines that 
        the alien may be removed'' and inserting the following: ``if 
        the Attorney General or the Secretary of Homeland Security 
        determines that--
                            ``(i) the alien may be removed'';
            (2) by striking ``removed, pursuant to a bilateral or 
        multilateral agreement, to'' and inserting ``removed to'';
            (3) by inserting ``, on a case by case basis,'' before 
        ``finds that'';
            (4) by striking the period at the end and inserting ``; 
        or''; and
            (5) by adding at the end the following:
            ``(ii) the alien entered, attempted to enter, or arrived in 
        the United States after transiting through at least one country 
        outside the alien's country of citizenship, nationality, or 
        last lawful habitual residence en route to the United States, 
        unless--
                    ``(I) the alien demonstrates that he or she applied 
                for protection from persecution or torture in at least 
                one country outside the alien's country of citizenship, 
                nationality, or last lawful habitual residence through 
                which the alien transited en route to the United 
                States, and the alien received a final judgement 
                denying the alien protection in each country;
                    ``(II) the alien demonstrates that he or she was a 
                victim of a severe form of trafficking in which a 
                commercial sex act was induced by force, fraud, or 
                coercion, or in which the person induced to perform 
                such act was younger than 18 years of age; or in which 
                the trafficking included the recruitment, harboring, 
                transportation, provision, or obtaining of a person for 
                labor or services through the use of force, fraud, or 
                coercion for the purpose of subjection to involuntary 
                servitude, peonage, debt bondage, or slavery, and was 
                unable to apply for protection from persecution in all 
                countries that alien transited en route to the United 
                States as a result of such severe form of trafficking; 
                or
                    ``(III) the only countries through which the alien 
                transited en route to the United States were, at the 
                time of the transit, not parties to the 1951 United 
                Nations Convention relating to the Status of Refugees, 
                the 1967 Protocol Relating to the Status of Refugees, 
                or the United Nations Convention against Torture and 
                Other Cruel, Inhuman or Degrading Treatment or 
                Punishment.''.

SEC. 203. APPLICATION TIMING.

    Section 208(a)(2)(B) of the Immigration and Nationality Act (8 
U.S.C. 1158(a)(2)(B)) is amended by striking ``1 year'' and inserting 
``6 months''.

SEC. 204. CLARIFICATION OF BURDEN OF PROOF.

    Section 208(b)(1)(B)(i) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(1)(B)(i)) is amended by striking ``at least one central 
reason'' and inserting ``the central reason''.

SEC. 205. 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 such Act (8 U.S.C. 1229a(c)(4)(C)) is amended by 
inserting ``, including statements made to, and investigative reports 
prepared by, immigration authorities and other government officials'' 
after ``all relevant factors''.

SEC. 206. ADDITIONAL EXCEPTION.

    Section 208(b)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(2)(A)) is amended--
            (1) in clause (v), by striking ``or'' at the end;
            (2) in clause (vi), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
                            ``(vii) there are reasonable grounds for 
                        concluding the alien could avoid persecution by 
                        relocating to another part of the alien's 
                        country of nationality or, if stateless, 
                        another part of the alien's country of last 
                        habitual residence.''.

SEC. 207. 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. 208. 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:
            ``(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 
                status 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 such Act (8 U.S.C. 
1158(c)(3)) is amended by inserting ``or (4)'' after ``paragraph (2)''.

SEC. 209. CLARIFICATION REGARDING EMPLOYMENT ELIGIBILITY.

    Section 208(d)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(d)(2)) is amended--
            (1) by striking ``prior to 180 days'' and inserting 
        ``before the date that is 1 year''; and
            (2) by inserting ``and the authorization shall expire 6 
        months after the date on which it is granted'' before the 
        period at the end.

SEC. 210. 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 at the end 
        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 and 
                serving 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 to read as follows:
            ``(6) Frivolous applications.--
                    ``(A) Consequence.--If the Secretary of Homeland 
                Security or the Attorney General determines that an 
                alien has knowingly made a frivolous application for 
                asylum after receiving the written warning required 
                under paragraph (4)(C), such alien shall be permanently 
                ineligible for any benefits under this chapter, 
                effective as the date of the final determination of 
                such an application.
                    ``(B) Determination.--An application shall be 
                considered frivolous if the Secretary of Homeland 
                Security or the Attorney General determines, consistent 
                with subparagraph (C), that--
                            ``(i) the application 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 Appear in order to 
                        pursue Cancellation of Removal under section 
                        240A(b); or
                            ``(ii) any of the material elements are 
                        knowingly fabricated.
                    ``(C) Opportunity to clarify claim.--An application 
                may not be considered frivolous under this paragraph 
                unless the Secretary or the Attorney General are 
                satisfied that the applicant, during the course of the 
                proceedings, has had sufficient opportunity to clarify 
                any discrepancies or implausible aspects of the 
                applicant's claim.
                    ``(D) Withholding of removal.--A determination 
                under this paragraph that an alien filed a frivolous 
                asylum application shall not preclude such alien from 
                seeking withholding of removal under section 241(b)(3) 
                or protection pursuant to the Convention Against 
                Torture and Other Cruel, Inhuman or Degrading Treatment 
                or Punishment, done at New York December 10, 1984.''.

SEC. 211. 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. 212. 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--
            (1) 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
            (2) such questions and the answers provided in response to 
        such questions are recorded in a uniform manner.
    (b) Credible Fear Interview Checklists.--The Secretary of Homeland 
Security shall--
            (1) provide a checklist of standard questions and concepts 
        to be addressed in all interviews required under section 235(b) 
        of the Immigration and Nationality Act (8 U.S.C. 1225(b)) to 
        immigration officers exercising decision-making authority in 
        such interviews;
            (2) routinely update such checklist to include relevant 
        changes to law and procedures; and
            (3) require all immigration officers utilizing such 
        checklists to provide concise justifications of their decisions 
        regardless of whether credible fear was or was not established 
        by the alien.
    (c) Factors Relating to Sworn Statements.--To the extent 
practicable, any sworn or signed written statement taken from 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 such sworn statement.
    (d) Interpreters.--The Secretary of Homeland Security shall ensure 
the use of a competent interpreter who is not affiliated with the 
government of the country from which the alien may claim asylum if the 
interviewing officer does not speak a language understood by the alien.
    (e) Recordings in Immigration Proceedings.--All interviews of 
aliens subject to expedited removal shall be recorded (either by audio 
or by audio visual). Such recordings shall be included in the record of 
proceeding and shall be considered as evidence in any further 
proceedings involving such aliens.
    (f) No Private Right of Action.--Nothing in this section may be 
construed to create--
            (1) 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; or
            (2) any right of review in any administrative, judicial, or 
        other proceeding.

SEC. 213. PENALTIES FOR ASYLUM FRAUD.

    Section 1001 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(d) Any person who, in any matter before the Secretary of 
Homeland Security or the Attorney General pertaining to 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(b)(3)), 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, imprisoned not more than 10 years, or 
both.''.

SEC. 214. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.

    Section 3291 of title 18, United States Code, is amended--
            (1) by striking ``1544,'' and inserting ``1544, and section 
        1546,''; and
            (2) by inserting ``or within 10 years after the fraud is 
        discovered'' before the period at the end.

SEC. 215. TECHNICAL AMENDMENTS.

    Section 208 of the Immigration and Nationality Act, as amended by 
this title, is further 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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