USA Act of 2023

To amend the Immigration and Nationality Act to tighten asylum laws, and for other purposes. 1. Short title This Act may be cited as the Updated Standards for Asylum Act of 2023 USA Act of 2023 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) claim 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. 3. Jurisdiction of asylum applications Section 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158 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) (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) (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. 5. Safe third country Section 208(a)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2)(A) (1) by striking Attorney General Secretary of Homeland Security (2) by striking removed, pursuant to a bilateral or multilateral agreement, to removed to 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) (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) paragraph (2) or (4) 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) (1) in the matter preceding subparagraph (A), by inserting the Secretary of Homeland Security or 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 (3) in subparagraph (B), by striking the period and inserting ; 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) If the (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. . 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) all relevant factors , 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) all relevant factors , including statements made to, and investigative reports prepared by, immigration authorities and other government officials 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 8 U.S.C. 1231 (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. . 10. Statute of limitations for asylum fraud Section 3291 of title 18, United States Code, is amended by striking 1544, 1544, and section 1546, 11. Technical amendments Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (1) in subsection (a)— (A) in paragraph (2)(D), by inserting Secretary of Homeland Security or the Attorney General (B) in paragraph (3), by inserting Secretary of Homeland Security or the Attorney General (2) in subsection (b)(2), by inserting Secretary of Homeland Security or the Attorney General (3) in subsection (c)— (A) in paragraph (1), by striking Attorney General Secretary of Homeland Security (B) in paragraph (2), in the matter preceding subparagraph (A), by inserting Secretary of Homeland Security or the Attorney General (C) in paragraph (3), by inserting Secretary of Homeland Security or the Attorney General (4) in subsection (d)— (A) in paragraph (1), by inserting Secretary of Homeland Security or the Attorney General (B) in paragraph (2), by striking Attorney General Secretary of Homeland Security (C) in paragraph (5)— (i) in subparagraph (A), by striking Attorney General Secretary of Homeland Security (ii) in subparagraph (B), by inserting Secretary of Homeland Security or the Attorney General

Summary: Updated Standards for Asylum Act of 2023 or the USA Act of 2023 This bill modifies standards and requirements related to individuals seeking asylum. For an individual to establish a credible fear of persecution, the bill requires it to be more probable than not that the statements in support of the claim are true. The bill also imposes certain rules relating to credible fear interviews, including requirements for recordings and interpreters. For example, the Department of Homeland Security must establish procedures to ensure that individuals subject to expedited removal are questioned in a uniform manner and that the questions and answers are recorded in a uniform fashion. The bill also bars an individual from seeking asylum if that individual may be safely removed to a third country (i.e., not the individual's country of nationality), whereas currently this bar only applies if such removal is to a third country pursuant to an agreement with the United States. If an individual is granted asylum because of fear of persecution in a country, the individual shall be deemed to have renounced asylum status by returning to that country, if there has been no change in the country's conditions. Any individual who knowingly and willfully makes materially false statements or uses fraudulent documents in asylum-related proceedings shall be fined or imprisoned up to 10 years, or both.