Closing Loopholes and Ending Asylum Abuse Act of 2022

To amend the Immigration and Nationality Act to reform the asylum claim process, and for other purposes. 1. Short title This Act may be cited as the Closing Loopholes and Ending Asylum Abuse Act of 2022 2. Reform asylum claim process (a) Conforming amendments The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (1) in section 101(a)— (A) in paragraph (42)— (i) by inserting by the government or a governmental-affiliated entity fear of persecution (ii) by inserting by the government or a governmental-affiliated entity persecution of any person (iii) by inserting by the government or a governmental-affiliated entity has been persecuted (iv) by inserting by the government or a governmental-affiliated entity have been persecuted (v) by inserting by the government or a governmental-affiliated entity subject to persecution (B) by adding at the end the following: (53) The term governmental-affiliated entity (54) The term particular social group (55) The term immutable characteristic (56) The term socially distinct within the society in question (57) The term defined with particularity ; (2) in section 208— (A) in subsection (a), by amending paragraph (1) to read as follows: (1) Asylum process (A) Physical presence in United States Any alien who is physically present in the United States or who arrives at the United States (at a designated port of entry and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 235(b). (B) Outside of United States Any alien who is physically present outside of the United States, irrespective of such alien’s status, may apply for asylum at a United States diplomatic mission established under section 2(c) of the Closing Loopholes and Ending Asylum Abuse Act of 2022. ; and (B) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (B)(iii)— (aa) by striking whenever made and whether or not under oath which shall be made under oath (bb) by inserting and any reports on country conditions written by a law enforcement agency in the United States or a law enforcement agency in the country the report describes country conditions (II) by adding at the end the following: (C) Location of claim If an alien passes through a country (other than the United States or the country of citizenship, nationality, or origin of such alien) that has a United States diplomatic mission established under section 2(c) of the Closing Loopholes and Ending Asylum Abuse Act of 2022, such alien shall make any application for asylum in accordance with this section in such country and may not enter the United States unless such claim is granted or other immigration benefit or relief is awarded. ; and (ii) in paragraph (2)(A)— (I) in clause (v), by striking or (II) in clause (vi), by striking the period at the end and inserting ; or (III) by adding at the end the following: (vii) the alien has violated section 275 (relating to entering the United States improperly); or (viii) the alien has received a final order of removal issued in absentia under section 240(b)(5)(A). ; and (3) in section 235(b)(1)(B)(v)— (A) by striking possibility likelihood (B) by inserting and the evidence presented by the alien (b) Claims for asylum abroad Chapter 4 of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq. 235B. Claims for asylum outside of United States (a) Screening An alien outside of the United States who indicates an intention to apply for asylum at a diplomatic mission established under section 2(c) of the Closing Loopholes and Ending Asylum Abuse Act of 2022, shall be examined, assessed, and referred to an asylum officer for an interview to determine if such alien has a credible fear of persecution in accordance with section 235(b)(1)(B). (b) Admission If an alien described in subsection (a) is found to have a credible fear of persecution, the alien shall be admitted to the United States for the purpose of further consideration of their application for asylum as directed by the Secretary of Homeland Security. (c) No credible fear found If an alien described in subsection (a) is found to not have a credible fear of persecution— (1) the alien shall not be eligible to apply for asylum in the United States unless such alien can demonstrate a chance in circumstance with respect to their credible fear of persecution; and (2) the asylum officer shall prepare a written record of a determination, including a summary of the material facts as stated by the alien, any additional facts relied upon by the officer, and the officer’s analysis of why, in the light of such facts, the alien has not established a credible fear of persecution, and a copy of the officer’s interview notes. (d) Rules The Secretary of Homeland Security shall establish all necessary processes, rules, and procedures to store, maintain, access, and share information related to an alien applying for asylum outside of the United States. . (c) Authorization To establish asylum offices abroad (1) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, shall establish United States diplomatic missions at a United States embassy or consulate in accordance with this subsection to review an application for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (2) Location A United States diplomatic mission established pursuant to paragraph (1) may be located at any of the following: (A) The United States Embassy in Mexico City. (B) The United States Consulate General in Ciudad Juarez. (C) The United States Consulate General in Matamoros. (D) The United States Consulate General in Monterrey. (E) The United States Consulate General in Nogales. (F) The United States Consulate General in Tijuana. (G) Any other United States embassy or consulate the Secretary of Homeland Security, in coordination with the Secretary of State and Attorney General, recommends pursuant to subsection (c)(5). (3) Staff The Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, shall provide necessary facilities and staff to serve the United States diplomatic missions established pursuant to paragraph (1). (d) Reporting Not later than 1 year after the date of the enactment of this Act, and every year thereafter, the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, shall submit to the relevant congressional committees a report on the United States diplomatic missions established pursuant to subsection (b)(1), including the following: (1) The number of applications for asylum reviewed at each United States diplomatic mission. (2) The number of asylum seekers found to have a credible fear of persecution. (3) The number of staff employed at each United States diplomatic mission. (4) An assessment of the effectiveness of reviewing applications for asylum at the United States diplomatic missions. (5) Recommendations on where to establish additional United States diplomatic missions as necessary based on migrant flows. (6) Any other matter the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, determines appropriate. (e) Relevant congressional committees defined In this section, the term relevant congressional committees (1) the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate.

Summary: Closing Loopholes and Ending Asylum Abuse Act of 2022 This bill imposes restrictions on noncitizens (aliens under federal law) applying for asylum, authorizes asylum seekers to apply for asylum abroad, and requires applicants to apply abroad in certain instances. For example, the bill requires a refugee's persecution or well-founded fear of persecution to stem from a government (or affiliated entity), whereas currently the persecution does not have to stem from a government. The bill also requires an applicant who passes through another country with a U.S. diplomatic mission that processes asylum claims to apply for asylum while physically in that country.