Ending Catch and Release Act of 2023

To amend the Immigration and Nationality Act with respect to the parole or release of an asylum applicant, and for other purposes. 1. Short title This Act may be cited as the Ending Catch and Release Act of 2023 2. Inspection of applicants for admission Section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) (1) in paragraph (1)— (A) in subparagraph (A)— (i) in clause (i)— (I) by striking section 212(a)(6)(C) section 212(a)(6)(A), 212(a)(6)(C), or (II) by striking the period at the end and inserting . The Secretary may not parole or otherwise release the alien into the United States. (ii) in clause (ii)— (I) by striking section 212(a)(6)(C) section 212(a)(6)(A), 212(a)(6)(C), or (II) by striking the period at the end and inserting . The Secretary may not parole or otherwise release the alien into the United States. (B) in subparagraph (B)— (i) in clause (i), by striking Attorney General Secretary (ii) in clause (ii), by striking the alien shall be detained for further consideration of the application for asylum the alien shall either be detained for further consideration of the application for asylum by an immigration judge or if the alien arrived on land from a foreign territory contiguous to the United States, be returned to that territory for further consideration of the application for asylum by an immigration judge. The Secretary may not parole or otherwise release the alien into the United States (iii) in clause (iii)— (I) in subclause (I), by striking the period at the end and adding . The Secretary shall remove the alien within 72 hours. If the alien cannot be removed, the alien shall be detained until removed. The Secretary may not parole or otherwise release the alien into the United States. (II) in subclause (II), by striking has not has or has not (III) in subclause (IV), by striking the period at the end and inserting . The Secretary may not parole or otherwise release the alien into the United States. (iv) in clause (v), by striking there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien's claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208 it is more likely than not that the alien will be able to establish eligibility for asylum under section 208 (2) in paragraph (2)— (A) in subparagraph (A)— (i) by striking and (C) (ii) by striking the alien shall be detained for a proceeding under section 240. the alien shall be either detained for a proceeding under section 240 or if the alien arrived on land from a foreign territory contiguous to the United States, be returned to that territory pending a proceeding under section 240. The Secretary may not parole or otherwise release the alien into the United States. (B) by striking subparagraph (C).

Summary: Ending Catch and Release Act of 2023 This bill changes the treatment of certain non-U.S. nationals (aliens under federal law) without lawful immigration status, including by prohibiting the release of asylum seekers into the United States while their cases are pending. The Department of Homeland Security (DHS) may not (with some exceptions) release an individual who is not clearly entitled to admission into the United States while the individual's case is pending, even if the individual is an asylum seeker. DHS may instead detain the individual or return the individual to a neighboring country in certain situations. The bill also expands expedited removal from the United States (i.e., removal without further hearing or review) to include individuals present in the United States without being admitted, with certain exceptions. Under current law, individuals are subject to expedited removal if they lack proper documentation or obtained an immigration benefit through fraud; such individuals are still subject to expedited removal under the bill. The bill also modifies the standard for establishing a credible fear of persecution to avoid expedited removal. Generally, an asylum seeker may avoid expedited removal if an asylum officer finds such a credible fear. Under this bill, an officer may find credible fear if it is more likely than not the individual can establish their eligibility for asylum, whereas under current law, the officer may find credible fear if there is a significant possibility that the individual can establish their eligibility.