Providing Justice for Asylum Seekers Act of 2019

To amend the Immigration and Nationality Act with respect to in absentia removal proceedings, and for other purposes. 1. Short title This Act may be cited as the Providing Justice for Asylum Seekers Act of 2019 2. Initiation of removal proceedings Section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) (1) in paragraph (1)(F), by inserting the Secretary of Homeland Security or the Attorney General (2) in paragraph (2)(A), by striking the alien or to the alien's counsel of record the alien and to the alien's counsel of record 3. Removal proceedings Section 240(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b) (1) in paragraph (5)— (A) by amending subparagraph (A) to read as follows: (A) Removal in absentia (i) In general Any alien who, after a proceeding under this section is rescheduled by an immigration judge due to the alien’s failure to attend such proceeding, and written notice required under paragraph (1) or (2) of section 239(a) has been provided to the alien or the alien’s counsel of record, does not attend a proceeding under this section, may be ordered removed in absentia if the Secretary of Homeland Security establishes by clear, unequivocal, and convincing evidence that— (I) sufficient written notice was so provided; (II) the alien is removable (as defined in subsection (e)(2)); and (III) in the case of an alien required to periodically report to the Department of Homeland Security, the alien has demonstrated a pattern of failing to report. (ii) Sufficient notice The written notice provided by the Attorney General shall be considered sufficient for purposes of this subparagraph if provided at the most recent address provided under section 239(a)(1)(F). ; and (B) in subparagraph (C)— (i) in clause (i)— (I) by striking within 180 days at any time (II) by striking or (ii) in clause (ii), by striking the period at the end and inserting , or (iii) by inserting after clause (ii) the following: (iii) upon a motion to reopen filed at any time if the alien is a minor child. ; and (iv) by striking clause (i) or (ii) clause (i), (ii), or (iii) (2) by adding at the end the following: (8) Check-in history Before an immigration judge conducts a proceeding under this section, the Secretary of Homeland Security shall report to the immigration judge the extent to which the alien has complied with any requirement to report periodically the alien’s whereabouts to the Secretary of Homeland Security. .

Summary: Providing Justice for Asylum Seekers Act of 2019 This bill limits when an alien may be removed from the United States in absentia. To remove an alien in a proceeding without the alien present, the Department of Homeland Security (DHS) must establish that the alien (1) had sufficient written notice of the proceeding; (2) is removable; and (3) has a pattern of failing to report to DHS, if the alien was required to periodically report. Currently, DHS is not required to prove a pattern of failure to report. The bill also gives an immigration judge discretion as to whether to remove an alien in absentia after DHS has established its case. Currently, the judge must remove an alien after DHS has established its case. If an alien is ordered removed in absentia, a motion to reopen the case due to exceptional circumstances leading to the alien's failure to appear at the proceeding may be filed at any time, where currently such a motion must be filed within 180 days of the removal order. The bill also allows a motion to reopen to be filed at any time if the alien is a minor child. If there is a change in the time or place of any removal proceeding, and it is not practicable to provide written notice to the alien in person, DHS must notify the alien and the alien's counsel through the mail. Currently, DHS is only statutorily required to notify the alien or the alien's counsel through the mail.