section, the Commissioner shall brief the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate regarding the reason relating there-
to, as the case may be, by not later than the date that 
is two business days after the tenth day of such month. 
(c) DEFINITIONS.—In this section: 
(1) ALIEN ENCOUNTERS.—The term ‘‘alien en-
counters’’ means aliens apprehended, determined in-
admissible, or processed for removal by U.S. Cus-
toms and Border Protection. 
(2) GOT AWAY.—The term ‘‘got away’’ has the 
meaning given such term in section 1092(a) of the 
National Defense Authorization Act for Fiscal Year 
2017 (6 U.S.C. 223(a)). 
(3) TERRORIST
SCREENING
DATABASE.—The 
term ‘‘terrorist screening database’’ has the meaning 
given such term in section 2101 of the Homeland 
Security Act of 2002 (6 U.S.C. 621). 
(4) UNACCOMPANIED ALIEN CHILD.—The term 
‘‘unaccompanied alien child’’ has the meaning given 
such term in section 462(g) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 279(g)). 
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SEC. 119. ALIEN CRIMINAL BACKGROUND CHECKS. 
(a) IN GENERAL.—Not later than seven days after 
the date of the enactment of this Act, the Commissioner 
shall certify to the Committee on Homeland Security and 
the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs and the Committee on the Judi-
ciary of the Senate that CBP has real-time access to the 
criminal history databases of all countries of origin and 
transit for aliens encountered by CBP to perform criminal 
history background checks for such aliens. 
(b) STANDARDS.—The certification required under 
subsection (a) shall also include a determination whether 
the criminal history databases of a country are accurate, 
up to date, digitized, searchable, and otherwise meet the 
standards of the Federal Bureau of Investigation for 
criminal history databases maintained by State and local 
governments. 
(c) CERTIFICATION.—The Secretary shall annually 
submit to the Committee on Homeland Security and the 
Committee on the Judiciary of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental Affairs and the Committee on the Judiciary of 
the Senate a certification that each database referred to 
in subsection (b) which the Secretary accessed or sought 
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to access pursuant to this section met the standards de-
scribed in subsection (b). 
SEC. 120. PROHIBITED IDENTIFICATION DOCUMENTS AT 
AIRPORT SECURITY CHECKPOINTS; NOTIFI-
CATION TO IMMIGRATION AGENCIES. 
(a) IN GENERAL.—The Administrator may not ac-
cept as valid proof of identification a prohibited identifica-
tion document at an airport security checkpoint. 
(b) NOTIFICATION TO IMMIGRATION AGENCIES.—If 
an individual presents a prohibited identification docu-
ment to an officer of the Transportation Security Admin-
istration at an airport security checkpoint, the Adminis-
trator shall promptly notify the Director of U.S. Immigra-
tion and Customs Enforcement, the Director of U.S. Cus-
toms and Border Protection, and the head of the appro-
priate local law enforcement agency to determine whether 
the individual is in violation of any term of release from 
the custody of any such agency. 
(c) ENTRY INTO STERILE AREAS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), if an individual is found to be in violation 
of any term of release under subsection (b), the Ad-
ministrator may not permit such individual to enter 
a sterile area. 
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(2) EXCEPTION.—An individual presenting a 
prohibited identification document under this section 
may enter a sterile area if the individual— 
(A) is leaving the United States for the 
purposes of removal or deportation; or 
(B) presents a covered identification docu-
ment. 
(d) COLLECTION OF BIOMETRIC INFORMATION FROM 
CERTAIN INDIVIDUALS SEEKING ENTRY INTO THE STER-
ILE AREA OF AN AIRPORT.—Beginning not later than 120 
days after the date of the enactment of this Act, the Ad-
ministrator shall collect biometric information from an in-
dividual described in subsection (e) prior to authorizing 
such individual to enter into a sterile area. 
(e) INDIVIDUAL
DESCRIBED.—An individual de-
scribed in this subsection is an individual who— 
(1) is seeking entry into the sterile area of an 
airport; 
(2) does not present a covered identification 
document; and 
(3) the Administrator cannot verify is a na-
tional of the United States. 
(f) PARTICIPATION IN IDENT.—Beginning not later 
than 120 days after the date of the enactment of this Act, 
the Administrator, in coordination with the Secretary, 
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shall submit biometric data collected under this section to 
the Automated Biometric Identification System (IDENT). 
(g) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Transpor-
tation Security Administration. 
(2) BIOMETRIC INFORMATION.—The term ‘‘bio-
metric information’’ means any of the following: 
(A) A fingerprint. 
(B) A palm print. 
(C) A photograph, including— 
(i) a photograph of an individual’s 
face for use with facial recognition tech-
nology; and 
(ii) a photograph of any physical or 
anatomical feature, such as a scar, skin 
mark, or tattoo. 
(D) A signature. 
(E) A voice print. 
(F) An iris image. 
(3) COVERED
IDENTIFICATION
DOCUMENT.— 
The term ‘‘covered identification document’’ means 
any of the following, if the document is valid and 
unexpired: 
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(A) A United States passport or passport 
card. 
(B) A biometrically secure card issued by 
a trusted traveler program of the Department 
of Homeland Security, including— 
(i) Global Entry; 
(ii) Nexus; 
(iii) Secure Electronic Network for 
Travelers Rapid Inspection (SENTRI); 
and 
(iv) Free and Secure Trade (FAST). 
(C) An identification card issued by the 
Department of Defense, including such a card 
issued to a dependent. 
(D) Any document required for admission 
to the United States under section 211(a) of 
the Immigration and Nationality Act (8 U.S.C. 
1181(a)). 
(E) An enhanced driver’s license issued by 
a State. 
(F) A photo identification card issued by a 
federally recognized Indian Tribe. 
(G) A personal identity verification creden-
tial issued in accordance with Homeland Secu-
rity Presidential Directive 12. 
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(H) A driver’s license issued by a province 
of Canada. 
(I) A Secure Certificate of Indian Status 
issued by the Government of Canada. 
(J) A Transportation Worker Identifica-
tion Credential. 
(K) A Merchant Mariner Credential issued 
by the Coast Guard. 
(L) A Veteran Health Identification Card 
issued by the Department of Veterans Affairs. 
(M) Any other document the Administrator 
determines, pursuant to a rule making in ac-
cordance with section 553 of title 5, United 
States Code, will satisfy the identity verification 
procedures of the Transportation Security Ad-
ministration. 
(4) IMMIGRATION LAWS.—The term ‘‘immigra-
tion laws’’ has the meaning given that term in sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101). 
(5) 
PROHIBITED
IDENTIFICATION
DOCU-
MENT.—The term ‘‘prohibited identification docu-
ment’’ means any of the following (or any applicable 
successor form): 
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(A) U.S. Immigration and Customs En-
forcement Form I–200, Warrant for Arrest of 
Alien. 
(B) U.S. Immigration and Customs En-
forcement Form I–205, Warrant of Removal/ 
Deportation. 
(C) U.S. Immigration and Customs En-
forcement Form I–220A, Order of Release on 
Recognizance. 
(D) U.S. Immigration and Customs En-
forcement Form I–220B, Order of Supervision. 
(E) Department of Homeland Security 
Form I–862, Notice to Appear. 
(F) U.S. Customs and Border Protection 
Form I–94, Arrival/Departure Record (includ-
ing a print-out of an electronic record). 
(G) Department of Homeland Security 
Form I–385, Notice to Report. 
(H) Any document that directs an indi-
vidual to report to the Department of Home-
land Security. 
(I) Any Department of Homeland Security 
work authorization or employment verification 
document. 
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(6) STERILE AREA.—The term ‘‘sterile area’’ 
has the meaning given that term in section 1540.5 
of title 49, Code of Federal Regulations, or any suc-
cessor regulation. 
SEC. 121. PROHIBITION AGAINST ANY COVID–19 VACCINE 
MANDATE OR ADVERSE ACTION AGAINST 
DHS EMPLOYEES. 
(a) LIMITATION
ON IMPOSITION
OF NEW MAN-
DATE.—The Secretary may not issue any COVID–19 vac-
cine mandate unless Congress expressly authorizes such 
a mandate. 
(b) PROHIBITION ON ADVERSE ACTION.—The Sec-
retary may not take any adverse action against a Depart-
ment employee based solely on the refusal of such em-
ployee to receive a vaccine for COVID–19. 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall report 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate on the following: 
(1) The number of Department employees who 
were terminated or resigned due to the COVID–19 
vaccine mandate. 
(2) An estimate of the cost to reinstate such 
employees. 
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(3) How the Department would effectuate rein-
statement of such employees. 
(d) 
RETENTION
AND
DEVELOPMENT
OF 
UNVACCINATED EMPLOYEES.—The Secretary shall make 
every effort to retain Department employees who are not 
vaccinated against COVID–19 and provide such employees 
with professional development, promotion and leadership 
opportunities, and consideration equal to that of their 
peers. 
SEC. 122. CBP ONE APP LIMITATION. 
(a) LIMITATION.—The Department may use the CBP 
One Mobile Application or any other similar program, ap-
plication, internet-based portal, website, device, or initia-
tive only for inspection of perishable cargo. 
(b) REPORT.—Not later than 60 days after the date 
of the enactment of this Act, the Commissioner shall re-
port to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate the date on 
which CBP began using CBP One to allow aliens to sched-
ule interviews at land ports of entry, how many aliens have 
scheduled interviews at land ports of entry using CBP 
One, the nationalities of such aliens, and the stated final 
destinations of such aliens within the United States, if 
any. 
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SEC. 123. REPORT ON DESIGNATION OF MEXICAN CARTELS 
AS FOREIGN TERRORIST ORGANIZATIONS. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary 
of Homeland Security, in coordination with the Sec-
retary of State, shall submit to the appropriate con-
gressional committees a report on whether a Mexi-
can drug cartel described in paragraph (2) meets the 
criteria for designation as a foreign terrorist organi-
zation. 
(2) MEXICAN DRUG CARTELS DESCRIBED.—The 
Mexican drug cartels described in this paragraph in-
clude the following: 
(A) Jalisco New Generation Cartel. 
(B) Sinaloa Cartel. 
(C) Juarez Cartel. 
(D) Tijuana Cartel. 
(E) Gulf Cartel. 
(F) Los Zetas. 
(G) Las Moicas. 
(H) Los Caballeros Templarios. 
(I) Beltran-Leyva Organization. 
(J) Los Rojos. 
(K) La Familia Michoacana. 
(b) DEFINITIONS.—In this section: 
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on Homeland Security, and the 
Committee on the Judiciary of the House of 
Representatives; and 
(B) the Committee on Foreign Relations, 
the Committee on Homeland Security and Gov-
ernmental Affairs, and the Committee on the 
Judiciary of the Senate. 
(2) FOREIGN TERRORIST ORGANIZATION.—The 
term ‘‘foreign terrorist organization’’ means an or-
ganization described in section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189). 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to expand the eligibility for asylum 
of any alien by reason of the designation of a drug cartel 
as a foreign terrorist organization. 
SEC. 124. GAO STUDY ON COSTS INCURRED BY STATES TO 
SECURE THE SOUTHWEST BORDER. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct a study to examine the 
costs incurred by individual States as a result of actions 
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taken by such States in support of the Federal mission 
to secure the southwest border, and the feasibility of a 
program to reimburse such States for such costs. 
(b) CONTENTS.—The study required under sub-
section (a) shall include consideration of the following: 
(1) Actions taken by the Department of Home-
land Security that have contributed to costs de-
scribed in such subsection incurred by States to se-
cure the border in the absence of Federal action, in-
cluding the termination of the Migrant Protection 
Protocols and cancellation of border wall construc-
tion. 
(2) Actions taken by individual States along the 
southwest border to secure their borders, and the 
costs associated with such actions. 
(3) The feasibility of a program within the De-
partment of Homeland Security to reimburse States 
for the costs incurred in support of the Federal mis-
sion to secure the southwest border. 
SEC. 125. REPORT BY INSPECTOR GENERAL OF THE DE-
PARTMENT OF HOMELAND SECURITY. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act and annually thereafter for 
five years, the Inspector General of the Department of 
Homeland Security shall submit to the Committee on 
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Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report examining the economic and 
security impact of mass migration to municipalities and 
States along the southwest border. Such report shall in-
clude information regarding costs incurred by the fol-
lowing: 
(1) State and local law enforcement to secure 
the southwest border. 
(2) Public school districts to educate students 
who are aliens unlawfully present in the United 
States. 
(3) Healthcare providers to provide care to 
aliens unlawfully present in the United States who 
have not paid for such care. 
(4) Farmers and ranchers due to migration im-
pacts to their properties. 
(b) CONSULTATION.—To produce the report required 
under subsection (a), the Inspector General of the Depart-
ment of Homeland Security shall consult with the individ-
uals and representatives of the entities described in para-
graphs (1) through (4) of such subsection. 
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SEC. 126. OFFSETTING AUTHORIZATIONS OF APPROPRIA-
TIONS. 
(a) OFFICE OF THE SECRETARY AND EMERGENCY 
MANAGEMENT.—No funds are authorized to be appro-
priated for the Alternatives to Detention Case Manage-
ment Pilot Program or the Office of the Immigration De-
tention Ombudsman for the Office of the Secretary and 
Emergency Management of the Department of Homeland 
Security. 
(b) MANAGEMENT DIRECTORATE.—No funds are au-
thorized to be appropriated for electric vehicles or St. Eliz-
abeths campus construction for the Management Direc-
torate of the Department of Homeland Security. 
(c) INTELLIGENCE, ANALYSIS, AND SITUATIONAL 
AWARENESS.—There is authorized to be appropriated 
$216,000,000 for Intelligence, Analysis, and Situational 
Awareness of the Department of Homeland Security. 
(d) U.S. CUSTOMS AND BORDER PROTECTION.—No 
funds are authorized to be appropriated for the Shelter 
Services Program for U.S. Customs and Border Protec-
tion. 
SEC. 127. REPORT TO CONGRESS ON FOREIGN TERRORIST 
ORGANIZATIONS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act and annually thereafter 
for five years, the Secretary of Homeland Security shall 
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submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate an 
assessment of foreign terrorist organizations attempting 
to move their members or affiliates into the United States 
through the southern, northern, or maritime border. 
(b) DEFINITION.—In this section, the term ‘‘foreign 
terrorist organization’’ means an organization described in 
section 219 of the Immigration and Nationality Act (8 
U.S.C. 1189). 
SEC. 128. ASSESSMENT BY INSPECTOR GENERAL OF THE 
DEPARTMENT OF HOMELAND SECURITY ON 
THE MITIGATION OF UNMANNED AIRCRAFT 
SYSTEMS AT THE SOUTHWEST BORDER. 
Not later than 90 days after the date of the enact-
ment of this Act, the Inspector General of the Department 
of Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate an assessment of U.S. Customs and 
Border Protection’s ability to mitigate unmanned aircraft 
systems at the southwest border. Such assessment shall 
include information regarding any intervention between 
January 1, 2021, and the date of the enactment of this 
Act, by any Federal agency affecting in any manner U.S. 
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Customs and Border Protection’s authority to so mitigate 
such systems. 
DIVISION B—IMMIGRATION EN-
FORCEMENT 
AND 
FOREIGN 
AFFAIRS 
TITLE I—ASYLUM REFORM AND 
BORDER PROTECTION 
SEC. 101. SAFE THIRD COUNTRY. 
Section 208(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 
(1) by striking ‘‘if the Attorney General deter-
mines’’ and inserting ‘‘if the Attorney General or the 
Secretary of Homeland Security determines—’’; 
(2) by striking ‘‘that the alien may be removed’’ 
and inserting the following: 
‘‘(i) that the alien may be removed’’; 
(3) by striking ‘‘, pursuant to a bilateral or 
multilateral agreement, to’’ and inserting ‘‘to’’; 
(4) by inserting ‘‘or the Secretary, on a case by 
case basis,’’ before ‘‘finds that’’; 
(5) by striking the period at the end and insert-
ing ‘‘; or’’; and 
(6) by adding at the end the following: 
‘‘(ii) that the alien entered, attempted to enter, 
or arrived in the United States after transiting 
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through at least one country outside the alien’s 
country of citizenship, nationality, or last lawful ha-
bitual residence en route to the United States, un-
less— 
‘‘(I) the alien demonstrates that he or she 
applied for protection from persecution or tor-
ture 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 judgment 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 under the age 
of 18 years; or in which the trafficking included 
the recruitment, harboring, transportation, pro-
vision, or obtaining of a person for labor or 
services through the use of force, fraud, or coer-
cion for the purpose of subjection to involuntary 
servitude, peonage, debt bondage, or slavery, 
and was unable to apply for protection from 
persecution in each country through which the 
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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 Re-
lating to the Status of Refugees, or the United 
Nations Convention against Torture and Other 
Cruel, Inhuman or Degrading Treatment or 
Punishment.’’. 
SEC. 102. CREDIBLE FEAR INTERVIEWS. 
Section 235(b)(1)(B)(v) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 
striking ‘‘there is a significant possibility’’ and all that fol-
lows, and inserting ‘‘, taking into account the credibility 
of the statements made by the alien in support of the 
alien’s claim, as determined pursuant to section 
208(b)(1)(B)(iii), and such other facts as are known to 
the officer, the alien more likely than not could establish 
eligibility for asylum under section 208, and it is more 
likely than not that the statements made by, and on behalf 
of, the alien in support of the alien’s claim are true.’’. 
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SEC. 103. CLARIFICATION OF ASYLUM ELIGIBILITY. 
(a) IN GENERAL.—Section 208(b)(1)(A) of the Im-
migration and Nationality Act (8 U.S.C. 1158(b)(1)(A)) 
is amended by inserting after ‘‘section 101(a)(42)(A)’’ the 
following: ‘‘(in accordance with the rules set forth in this 
section), and is eligible to apply for asylum under sub-
section (a)’’. 
(b) 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 ar-
rival and including an alien who is brought to the 
United States after having been interdicted in inter-
national or United States waters),’’; and 
(2) by inserting after ‘‘United States’’ the fol-
lowing: ‘‘and has arrived in the United States at a 
port of entry (including an alien who is brought to 
the United States after having been interdicted in 
international or United States waters),’’. 
SEC. 104. EXCEPTIONS. 
Paragraph (2) of section 208(b) of the Immigration 
and Nationality Act (8 U.S.C. 1158(b)(2)) is amended to 
read as follows: 
‘‘(2) EXCEPTIONS.— 
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‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to an alien if the Secretary of Home-
land Security or the Attorney General deter-
mines that— 
‘‘(i) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of any person on account of race, 
religion, nationality, membership in a par-
ticular social group, or political opinion; 
‘‘(ii) the alien has been convicted of 
any felony under Federal, State, tribal, or 
local law; 
‘‘(iii) the alien has been convicted of 
any misdemeanor offense under Federal, 
State, tribal, or local law involving— 
‘‘(I) the unlawful possession or 
use of an identification document, au-
thentication feature, or false identi-
fication document (as those terms and 
phrases are defined in the jurisdiction 
where the conviction occurred), unless 
the alien can establish that the convic-
tion 
resulted 
from 
circumstances 
showing that— 
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‘‘(aa) the document or fea-
ture was presented before board-
ing a common carrier; 
‘‘(bb) the document or fea-
ture related to the alien’s eligi-
bility to enter the United States; 
‘‘(cc) the alien used the doc-
ument or feature to depart a 
country wherein the alien has 
claimed a fear of persecution; 
and 
‘‘(dd) the alien claimed a 
fear of persecution without delay 
upon presenting himself or her-
self to an immigration officer 
upon arrival at a United States 
port of entry; 
‘‘(II) the unlawful receipt of a 
Federal public benefit (as defined in 
section 401(c) of the Personal Re-
sponsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 
1611(c))), from a Federal entity, or 
the unlawful receipt of similar public 
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benefits from a State, tribal, or local 
entity; or 
‘‘(III) possession or trafficking of 
a controlled substance or controlled 
substance paraphernalia, as those 
phrases are defined under the law of 
the jurisdiction where the conviction 
occurred, other than a single offense 
involving possession for one’s own use 
of 30 grams or less of marijuana (as 
marijuana is defined under the law of 
the jurisdiction where the conviction 
occurred); 
‘‘(iv) the alien has been convicted of 
an offense arising under paragraph (1)(A) 
or (2) of section 274(a), or under section 
276; 
‘‘(v) the alien has been convicted of a 
Federal, State, tribal, or local crime that 
the Attorney General or Secretary of 
Homeland Security knows, or has reason 
to believe, was committed in support, pro-
motion, or furtherance of the activity of a 
criminal street gang (as defined under the 
law of the jurisdiction where the conviction 
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occurred or in section 521(a) of title 18, 
United States Code); 
‘‘(vi) the alien has been convicted of 
an offense for driving while intoxicated or 
impaired, as those terms are defined under 
the law of the jurisdiction where the con-
viction occurred (including a conviction for 
driving while under the influence of or im-
paired by alcohol or drugs), without regard 
to whether the conviction is classified as a 
misdemeanor or felony under Federal, 
State, tribal, or local law, in which such in-
toxicated or impaired driving was a cause 
of serious bodily injury or death of another 
person; 
‘‘(vii) the alien has been convicted of 
more than one offense for driving while in-
toxicated or impaired, as those terms are 
defined under the law of the jurisdiction 
where the conviction occurred (including a 
conviction for driving while under the in-
fluence of or impaired by alcohol or drugs), 
without regard to whether the conviction is 
classified as a misdemeanor or felony 
under Federal, State, tribal, or local law; 
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‘‘(viii) the alien has been convicted of 
a crime— 
‘‘(I) 
that 
involves 
conduct 
amounting to a crime of stalking; 
‘‘(II) of child abuse, child ne-
glect, or child abandonment; or 
‘‘(III) 
that 
involves 
conduct 
amounting to a domestic assault or 
battery offense, including— 
‘‘(aa) a misdemeanor crime 
of domestic violence, as described 
in section 921(a)(33) of title 18, 
United States Code; 
‘‘(bb) a crime of domestic vi-
olence, as described in section 
40002(a)(12) of the Violence 
Against Women Act of 1994 (34 
U.S.C. 12291(a)(12)); or 
‘‘(cc) any crime based on 
conduct in which the alien har-
assed, coerced, intimidated, vol-
untarily or recklessly used (or 
threatened to use) force or vio-
lence against, or inflicted phys-
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‘‘(ix) the alien has engaged in acts of 
battery or extreme cruelty upon a person 
and the person— 
‘‘(I) is a current or former 
spouse of the alien; 
‘‘(II) shares a child with the 
alien; 
‘‘(III) 
cohabitates 
or 
has 
cohabitated with the alien as a spouse; 
‘‘(IV) is similarly situated to a 
spouse of the alien under the domestic 
or family violence laws of the jurisdic-
tion where the offense occurred; or 
‘‘(V) is protected from that 
alien’s acts under the domestic or 
family violence laws of the United 
States or of any State, tribal govern-
ment, or unit of local government; 
‘‘(x) the alien, having been convicted 
by a final judgment of a particularly seri-
ous crime, constitutes a danger to the com-
munity of the United States; 
‘‘(xi) there are serious reasons for be-
lieving that the alien has committed a seri-
ous nonpolitical crime outside the United 
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States prior to the arrival of the alien in 
the United States; 
‘‘(xii) there are reasonable grounds 
for regarding the alien as a danger to the 
security of the United States; 
‘‘(xiii) the alien is described in sub-
clause (I), (II), (III), (IV), or (VI) of sec-
tion 
212(a)(3)(B)(i) 
or 
section 
237(a)(4)(B) (relating to terrorist activ-
ity), unless, in the case only of an alien in-
admissible under subclause (IV) of section 
212(a)(3)(B)(i), the Secretary of Home-
land Security or the Attorney General de-
termines, in the Secretary’s or the Attor-
ney General’s discretion, that there are not 
reasonable grounds for regarding the alien 
as a danger to the security of the United 
States; 
‘‘(xiv) the alien was firmly resettled in 
another country prior to arriving in the 
United States; or 
‘‘(xv) there are reasonable grounds for 
concluding the alien could avoid persecu-
tion by relocating to another part of the 
alien’s country of nationality or, in the 
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case of an alien having no nationality, an-
other part of the alien’s country of last ha-
bitual residence. 
‘‘(B) SPECIAL RULES.— 
‘‘(i) PARTICULARLY SERIOUS CRIME; 
SERIOUS
NONPOLITICAL
CRIME
OUTSIDE 
THE UNITED STATES.— 
‘‘(I) IN GENERAL.—For purposes 
of subparagraph (A)(x), the Attorney 
General or Secretary of Homeland Se-
curity, in their discretion, may deter-
mine that a conviction constitutes a 
particularly serious crime based on— 
‘‘(aa) the nature of the con-
viction; 
‘‘(bb) the type of sentence 
imposed; or 
‘‘(cc) the circumstances and 
underlying facts of the convic-
tion. 
‘‘(II) DETERMINATION.—In mak-
ing a determination under subclause 
(I), the Attorney General or Secretary 
of Homeland Security may consider 
all reliable information and is not lim-
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ited to facts found by the criminal 
court or provided in the underlying 
record of conviction. 
‘‘(III) TREATMENT
OF
FELO-
NIES.—In making a determination 
under subclause (I), an alien who has 
been convicted of a felony (as defined 
under this section) or an aggravated 
felony (as defined under section 
101(a)(43)), shall be considered to 
have been convicted of a particularly 
serious crime. 
‘‘(IV) INTERPOL RED NOTICE.— 
In making a determination under sub-
paragraph (A)(xi), an Interpol Red 
Notice may constitute reliable evi-
dence that the alien has committed a 
serious nonpolitical crime outside the 
United States. 
‘‘(ii) CRIMES AND EXCEPTIONS.— 
‘‘(I) DRIVING
WHILE
INTOXI-
CATED
OR
IMPAIRED.—A 
finding 
under subparagraph (A)(vi) does not 
require the Attorney General or Sec-
retary of Homeland Security to find 
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the first conviction for driving while 
intoxicated or impaired (including a 
conviction for driving while under the 
influence of or impaired by alcohol or 
drugs) as a predicate offense. The At-
torney General or Secretary of Home-
land Security need only make a fac-
tual determination that the alien pre-
viously was convicted for driving while 
intoxicated or impaired as those terms 
are defined under the jurisdiction 
where the conviction occurred (includ-
ing a conviction for driving while 
under the influence of or impaired by 
alcohol or drugs). 
‘‘(II) 
STALKING
AND
OTHER 
CRIMES.—In making a determination 
under subparagraph (A)(viii), includ-
ing determining the existence of a do-
mestic relationship between the alien 
and the victim, the underlying conduct 
of the crime may be considered, and 
the Attorney General or Secretary of 
Homeland Security is not limited to 
facts found by the criminal court or 
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provided in the underlying record of 
conviction. 
‘‘(III) BATTERY
OR
EXTREME 
CRUELTY.—In making a determina-
tion under subparagraph (A)(ix), the 
phrase ‘battery or extreme cruelty’ in-
cludes— 
‘‘(aa) any act or threatened 
act of violence, including any 
forceful detention, which results 
or threatens to result in physical 
or mental injury; 
‘‘(bb) psychological or sexual 
abuse or exploitation, including 
rape, 
molestation, 
incest, 
or 
forced prostitution, shall be con-
sidered acts of violence; and 
‘‘(cc) other abusive acts, in-
cluding acts that, in and of them-
selves, may not initially appear 
violent, but that are a part of an 
overall pattern of violence. 
‘‘(IV) EXCEPTION
FOR
VICTIMS 
OF
DOMESTIC
VIOLENCE.—An alien 
who was convicted of an offense de-
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scribed in clause (viii) or (ix) of sub-
paragraph (A) is not ineligible for 
asylum on that basis if the alien satis-
fies 
the 
criteria 
under 
section 
237(a)(7)(A). 
‘‘(C) SPECIFIC
CIRCUMSTANCES.—Para-
graph (1) shall not apply to an alien whose 
claim is based on— 
‘‘(i) personal animus or retribution, 
including personal animus in which the al-
leged persecutor has not targeted, or mani-
fested an animus against, other members 
of an alleged particular social group in ad-
dition to the member who has raised the 
claim at issue; 
‘‘(ii) the applicant’s generalized dis-
approval of, disagreement with, or opposi-
tion to criminal, terrorist, gang, guerilla, 
or other non-state organizations absent ex-
pressive behavior in furtherance of a dis-
crete cause against such organizations re-
lated to control of a State or expressive be-
havior that is antithetical to the State or 
a legal unit of the State; 
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‘‘(iii) the applicant’s resistance to re-
cruitment or coercion by guerrilla, crimi-
nal, gang, terrorist, or other non-state or-
ganizations; 
‘‘(iv) the targeting of the applicant for 
criminal activity for financial gain based 
on wealth or affluence or perceptions of 
wealth or affluence; 
‘‘(v) the applicant’s criminal activity; 
or 
‘‘(vi) the applicant’s perceived, past or 
present, gang affiliation. 
‘‘(D) 
DEFINITIONS
AND
CLARIFICA-
TIONS.— 
‘‘(i) DEFINITIONS.—For purposes of 
this paragraph: 
‘‘(I) FELONY.—The term ‘felony’ 
means— 
‘‘(aa) any crime defined as a 
felony by the relevant jurisdiction 
(Federal, State, tribal, or local) 
of conviction; or 
‘‘(bb) any crime punishable 
by more than one year of impris-
onment. 
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‘‘(II) MISDEMEANOR.—The term 
‘misdemeanor’ means— 
‘‘(aa) any crime defined as a 
misdemeanor by the relevant ju-
risdiction (Federal, State, tribal, 
or local) of conviction; or 
‘‘(bb) any crime not punish-
able by more than one year of 
imprisonment. 
‘‘(ii) CLARIFICATIONS.— 
‘‘(I) CONSTRUCTION.—For pur-
poses of this paragraph, whether any 
activity or conviction also may con-
stitute a basis for removal is immate-
rial to a determination of asylum eli-
gibility. 
‘‘(II) ATTEMPT, CONSPIRACY, OR 
SOLICITATION.—For purposes of this 
paragraph, all references to a criminal 
offense or criminal conviction shall be 
deemed to include any attempt, con-
spiracy, or solicitation to commit the 
offense or any other inchoate form of 
the offense. 
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‘‘(III) EFFECT OF CERTAIN OR-
DERS.— 
‘‘(aa) 
IN
GENERAL.—No 
order 
vacating 
a 
conviction, 
modifying a sentence, clarifying a 
sentence, or otherwise altering a 
conviction or sentence shall have 
any effect under this paragraph 
unless the Attorney General or 
Secretary of Homeland Security 
determines that— 
‘‘(AA) the court issuing 
the order had jurisdiction 
and authority to do so; and 
‘‘(BB) the order was 
not entered for rehabilitative 
purposes or for purposes of 
ameliorating the immigra-
tion consequences of the 
conviction or sentence. 
‘‘(bb) AMELIORATING IMMI-
GRATION
CONSEQUENCES.—For 
purposes of item (aa)(BB), the 
order shall be presumed to be for 
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the purpose of ameliorating im-
migration consequences if— 
‘‘(AA) the order was 
entered after the initiation 
of any proceeding to remove 
the alien from the United 
States; or 
‘‘(BB) the alien moved 
for the order more than one 
year after the date of the 
original order of conviction 
or sentencing, whichever is 
later. 
‘‘(cc) AUTHORITY OF IMMI-
GRATION
JUDGE.—An immigra-
tion judge is not limited to con-
sideration only of material in-
cluded in any order vacating a 
conviction, modifying a sentence, 
or clarifying a sentence to deter-
mine whether such order should 
be given any effect under this 
paragraph, but may consider 
such additional information as 
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the immigration judge determines 
appropriate. 
‘‘(E) 
ADDITIONAL
LIMITATIONS.—The 
Secretary of Homeland Security or the Attorney 
General may by regulation establish additional 
limitations and conditions, consistent with this 
section, under which an alien shall be ineligible 
for asylum under paragraph (1). 
‘‘(F) NO JUDICIAL REVIEW.—There shall 
be no judicial review of a determination of the 
Secretary of Homeland Security or the Attorney 
General under subparagraph (A)(xiii).’’. 
SEC. 105. EMPLOYMENT AUTHORIZATION. 
Paragraph (2) of section 208(d) of the Immigration 
and Nationality Act (8 U.S.C. 1158(d)) is amended to 
read as follows: 
‘‘(2) EMPLOYMENT AUTHORIZATION.— 
‘‘(A) AUTHORIZATION
PERMITTED.—An 
applicant for asylum is not entitled to employ-
ment authorization, but such authorization may 
be provided under regulation by the Secretary 
of Homeland Security. An applicant who is not 
otherwise eligible for employment authorization 
shall not be granted such authorization prior to 
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the date that is 180 days after the date of filing 
of the application for asylum. 
‘‘(B) TERMINATION.—Each grant of em-
ployment authorization under subparagraph 
(A), and any renewal or extension thereof, shall 
be valid for a period of 6 months, except that 
such authorization, renewal, or extension shall 
terminate prior to the end of such 6 month pe-
riod as follows: 
‘‘(i) Immediately following the denial 
of an asylum application by an asylum offi-
cer, unless the case is referred to an immi-
gration judge. 
‘‘(ii) 30 days after the date on which 
an immigration judge denies an asylum ap-
plication, unless the alien timely appeals to 
the Board of Immigration Appeals. 
‘‘(iii) Immediately following the denial 
by the Board of Immigration Appeals of an 
appeal of a denial of an asylum applica-
tion. 
‘‘(C) RENEWAL.—The Secretary of Home-
land Security may not grant, renew, or extend 
employment authorization to an alien if the 
alien was previously granted employment au-
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thorization under subparagraph (A), and the 
employment authorization was terminated pur-
suant to a circumstance described in subpara-
graph (B)(i), (ii), or (iii), unless a Federal 
court of appeals remands the alien’s case to the 
Board of Immigration Appeals. 
‘‘(D) INELIGIBILITY.—The Secretary of 
Homeland Security may not grant employment 
authorization to an alien under this paragraph 
if the alien— 
‘‘(i) is ineligible for asylum under sub-
section (b)(2)(A); or 
‘‘(ii) entered or attempted to enter the 
United States at a place and time other 
than lawfully through a United States port 
of entry.’’. 
SEC. 106. ASYLUM FEES. 
Paragraph (3) of section 208(d) of the Immigration 
and Nationality Act (8 U.S.C. 1158(d)) is amended to 
read as follows: 
‘‘(3) FEES.— 
‘‘(A) APPLICATION FEE.—A fee of not less 
than $50 for each application for asylum shall 
be imposed. Such fee shall not exceed the cost 
of adjudicating the application. Such fee shall 
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not apply to an unaccompanied alien child who 
files an asylum application in proceedings under 
section 240. 
‘‘(B) EMPLOYMENT
AUTHORIZATION.—A 
fee may also be imposed for the consideration 
of an application for employment authorization 
under this section and for adjustment of status 
under section 209(b). Such a fee shall not ex-
ceed the cost of adjudicating the application. 
‘‘(C) PAYMENT.—Fees under this para-
graph may be assessed and paid over a period 
of time or by installments. 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to limit the 
authority of the Attorney General or Secretary 
of Homeland Security to set adjudication and 
naturalization fees in accordance with section 
286(m).’’. 
SEC. 107. RULES FOR DETERMINING ASYLUM ELIGIBILITY. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended by adding at the end the fol-
lowing: 
‘‘(f) RULES
FOR DETERMINING ASYLUM ELIGI-
BILITY.—In making a determination under subsection 
(b)(1)(A) with respect to whether an alien is a refugee 
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within the meaning of section 101(a)(42)(A), the following 
shall apply: 
‘‘(1) PARTICULAR
SOCIAL
GROUP.—The Sec-
retary of Homeland Security or the Attorney Gen-
eral shall not determine that an alien is a member 
of a particular social group unless the alien articu-
lates on the record, or provides a basis on the record 
for determining, the definition and boundaries of the 
alleged particular social group, establishes that the 
particular social group exists independently from the 
alleged persecution, and establishes that the alien’s 
claim of membership in a particular social group 
does not involve— 
‘‘(A) past or present criminal activity or 
association (including gang membership); 
‘‘(B) presence in a country with general-
ized violence or a high crime rate; 
‘‘(C) being the subject of a recruitment ef-
fort by criminal, terrorist, or persecutory 
groups; 
‘‘(D) the targeting of the applicant for 
criminal activity for financial gain based on per-
ceptions of wealth or affluence; 
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‘‘(E) interpersonal disputes of which gov-
ernmental authorities in the relevant society or 
region were unaware or uninvolved; 
‘‘(F) private criminal acts of which govern-
mental authorities in the relevant society or re-
gion were unaware or uninvolved; 
‘‘(G) past or present terrorist activity or 
association; 
‘‘(H) past or present persecutory activity 
or association; or 
‘‘(I) status as an alien returning from the 
United States. 
‘‘(2) POLITICAL
OPINION.—The Secretary of 
Homeland Security or the Attorney General may not 
determine that an alien holds a political opinion with 
respect to which the alien is subject to persecution 
if the political opinion is constituted solely by gener-
alized disapproval of, disagreement with, or opposi-
tion to criminal, terrorist, gang, guerilla, or other 
non-state organizations and does not include expres-
sive behavior in furtherance of a cause against such 
organizations related to efforts by the State to con-
trol such organizations or behavior that is antithet-
ical to or otherwise opposes the ruling legal entity of 
the State or a unit thereof. 
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‘‘(3) PERSECUTION.—The Secretary of Home-
land Security or the Attorney General may not de-
termine that an alien has been subject to persecution 
or has a well-founded fear of persecution based only 
on— 
‘‘(A) the existence of laws or government 
policies that are unenforced or infrequently en-
forced, unless there is credible evidence that 
such a law or policy has been or would be ap-
plied to the applicant personally; or 
‘‘(B) the conduct of rogue foreign govern-
ment officials acting outside the scope of their 
official capacity. 
‘‘(4) DISCRETIONARY DETERMINATION.— 
‘‘(A) 
ADVERSE
DISCRETIONARY
FAC-
TORS.—The Secretary of Homeland Security or 
the Attorney General may only grant asylum to 
an alien if the alien establishes that he or she 
warrants a favorable exercise of discretion. In 
making such a determination, the Attorney 
General or Secretary of Homeland Security 
shall consider, if applicable, an alien’s use of 
fraudulent documents to enter the United 
States, unless the alien arrived in the United 
States by air, sea, or land directly from the ap-
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kjohnson on DSK79L0C42PROD with BILLS
plicant’s home country without transiting 
through any other country. 
‘‘(B) FAVORABLE
EXERCISE
OF
DISCRE-
TION NOT PERMITTED.—Except as provided in 
subparagraph (C), the Attorney General or Sec-
retary of Homeland Security shall not favorably 
exercise discretion under this section for any 
alien who— 
‘‘(i) has accrued more than one year 
of unlawful presence in the United States, 
as defined in sections 212(a)(9)(B)(ii) and 
(iii), prior to filing an application for asy-
lum; 
‘‘(ii) at the time the asylum applica-
tion is filed with the immigration court or 
is referred from the Department of Home-
land Security, has— 
‘‘(I) failed to timely file (or time-
ly file a request for an extension of 
time to file) any required Federal, 
State, or local income tax returns; 
‘‘(II) failed to satisfy any out-
standing Federal, State, or local tax 
obligations; or 
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100 
‘‘(III) income that would result 
in tax liability under section 1 of the 
Internal Revenue Code of 1986 and 
that was not reported to the Internal 
Revenue Service; 
‘‘(iii) has had two or more prior asy-
lum applications denied for any reason; 
‘‘(iv) has withdrawn a prior asylum 
application with prejudice or been found to 
have abandoned a prior asylum application; 
‘‘(v) failed to attend an interview re-
garding his or her asylum application with 
the Department of Homeland Security, un-
less the alien shows by a preponderance of 
the evidence that— 
‘‘(I) exceptional circumstances 
prevented the alien from attending the 
interview; or 
‘‘(II) the interview notice was not 
mailed to the last address provided by 
the alien or the alien’s representative 
and neither the alien nor the alien’s 
representative received notice of the 
interview; or 
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101 
‘‘(vi) was subject to a final order of 
removal, deportation, or exclusion and did 
not file a motion to reopen to seek asylum 
based on changed country conditions with-
in one year of the change in country condi-
tions. 
‘‘(C) EXCEPTIONS.—If one or more of the 
adverse discretionary factors set forth in sub-
paragraph (B) are present, the Attorney Gen-
eral or the Secretary, may, notwithstanding 
such subparagraph (B), favorably exercise dis-
cretion under section 208— 
‘‘(i) in extraordinary circumstances, 
such as those involving national security or 
foreign policy considerations; or 
‘‘(ii) if the alien, by clear and con-
vincing evidence, demonstrates that the de-
nial of the application for asylum would re-
sult in exceptional and extremely unusual 
hardship to the alien. 
‘‘(5) LIMITATION.—If the Secretary or the At-
torney General determines that an alien fails to sat-
isfy the requirement under paragraph (1), the alien 
may not be granted asylum based on membership in 
a particular social group, and may not appeal the 
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102 
determination of the Secretary or Attorney General, 
as applicable. A determination under this paragraph 
shall not serve as the basis for any motion to reopen 
or reconsider an application for asylum or with-
holding of removal for any reason, including a claim 
of ineffective assistance of counsel, unless the alien 
complies with the procedural requirements for such 
a motion and demonstrates that counsel’s failure to 
define, or provide a basis for defining, a formulation 
of a particular social group was both not a strategic 
choice and constituted egregious conduct. 
‘‘(6) STEREOTYPES.—Evidence offered in sup-
port of an application for asylum that promotes cul-
tural stereotypes about a country, its inhabitants, or 
an alleged persecutor, including stereotypes based on 
race, religion, nationality, or gender, shall not be ad-
missible in adjudicating that application, except that 
evidence 
that 
an 
alleged 
persecutor 
holds 
stereotypical views of the applicant shall be admis-
sible. 
‘‘(7) DEFINITIONS.—In this section: 
‘‘(A) The term ‘membership in a particular 
social group’ means membership in a group 
that is— 
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103 
‘‘(i) composed of members who share 
a common immutable characteristic; 
‘‘(ii) defined with particularity; and 
‘‘(iii) socially distinct within the soci-
ety in question. 
‘‘(B) The term ‘political opinion’ means an 
ideal or conviction in support of the furtherance 
of a discrete cause related to political control of 
a state or a unit thereof. 
‘‘(C) The term ‘persecution’ means the in-
fliction of a severe level of harm constituting an 
exigent threat by the government of a country 
or by persons or an organization that the gov-
ernment was unable or unwilling to control. 
Such term does not include— 
‘‘(i) generalized harm or violence that 
arises out of civil, criminal, or military 
strife in a country; 
‘‘(ii) all treatment that the United 
States regards as unfair, offensive, unjust, 
unlawful, or unconstitutional; 
‘‘(iii) intermittent harassment, includ-
ing brief detentions; 
‘‘(iv) threats with no actual effort to 
carry out the threats, except that particu-
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104 
larized threats of severe harm of an imme-
diate and menacing nature made by an 
identified entity may constitute persecu-
tion; or 
‘‘(v) non-severe economic harm or 
property damage.’’. 
SEC. 108. FIRM RESETTLEMENT. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158), as amended by this title, is further 
amended by adding at the end the following: 
‘‘(g) FIRM RESETTLEMENT.—In determining wheth-
er an alien was firmly resettled in another country prior 
to arriving in the United States under subsection 
(b)(2)(A)(xiv), the following shall apply: 
‘‘(1) IN GENERAL.—An alien shall be consid-
ered to have firmly resettled in another country if, 
after the events giving rise to the alien’s asylum 
claim— 
‘‘(A) the alien resided in a country through 
which the alien transited prior to arriving in or 
entering the United States and— 
‘‘(i) received or was eligible for any 
permanent legal immigration status in that 
country; 
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105 
‘‘(ii) resided in such a country with 
any non-permanent but indefinitely renew-
able legal immigration status (including 
asylee, refugee, or similar status, but ex-
cluding status of a tourist); or 
‘‘(iii) resided in such a country and 
could have applied for and obtained an im-
migration status described in clause (ii); 
‘‘(B) the alien physically resided volun-
tarily, and without continuing to suffer persecu-
tion or torture, in any one country for one year 
or more after departing his country of nation-
ality or last habitual residence and prior to ar-
rival in or entry into the United States, except 
for any time spent in Mexico by an alien who 
is not a native or citizen of Mexico solely as a 
direct result of being returned to Mexico pursu-
ant to section 235(b)(3) or of being subject to 
metering; or 
‘‘(C) the alien is a citizen of a country 
other than the country in which the alien al-
leges a fear of persecution, or was a citizen of 
such a country in the case of an alien who re-
nounces such citizenship, and the alien was 
present in that country after departing his 
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106 
country of nationality or last habitual residence 
and prior to arrival in or entry into the United 
States. 
‘‘(2) BURDEN OF PROOF.—If an immigration 
judge determines that an alien has firmly resettled 
in another country under paragraph (1), the alien 
shall bear the burden of proving the bar does not 
apply. 
‘‘(3) FIRM
RESETTLEMENT
OF
PARENT.—An 
alien shall be presumed to have been firmly resettled 
in another country if the alien’s parent was firmly 
resettled in another country, the parent’s resettle-
ment occurred before the alien turned 18 years of 
age, and the alien resided with such parent at the 
time of the firm resettlement, unless the alien estab-
lishes that he or she could not have derived any per-
manent legal immigration status or any non-perma-
nent but indefinitely renewable legal immigration 
status (including asylum, refugee, or similar status, 
but excluding status of a tourist) from the alien’s 
parent.’’. 
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107 
SEC. 109. NOTICE CONCERNING FRIVOLOUS ASYLUM AP-
PLICATIONS. 
(a) IN GENERAL.—Section 208(d)(4) of the Immi-
gration 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 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) ensure that a written warning ap-
pears 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 applica-
tion.’’. 
(b) CONFORMING AMENDMENT.—Section 208(d)(6) 
of the Immigration and Nationality Act (8 U.S.C. 
1158(d)(6)) is amended by striking ‘‘If the’’ and all that 
follows and inserting: 
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108 
‘‘(A) IN
GENERAL.—If the Secretary of 
Homeland Security or the Attorney General de-
termines 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 chapter, effective as the date 
of the final determination of such an applica-
tion. 
‘‘(B) CRITERIA.—An application is frivo-
lous 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 know-
ingly 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 regula-
tions 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. 
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109 
‘‘(C) SUFFICIENT OPPORTUNITY TO CLAR-
IFY.—In determining that an application is friv-
olous, the Secretary or the Attorney General, 
must be satisfied that the applicant, during the 
course of the proceedings, has had sufficient op-
portunity to clarify any discrepancies or implau-
sible aspects of the claim. 
‘‘(D) WITHHOLDING
OF
REMOVAL
NOT 
PRECLUDED.—For purposes of this section, a 
finding 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 Con-
vention Against Torture.’’. 
SEC. 110. TECHNICAL AMENDMENTS. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is 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 ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; 
(2) in subsection (c)— 
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110 
(A) in paragraph (1), by striking ‘‘Attor-
ney General’’ each place such term appears and 
inserting ‘‘Secretary of Homeland Security’’; 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(C) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(3) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’ each place such term ap-
pears; and 
(B) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(ii) in subparagraph (B), by inserting 
‘‘Secretary of Homeland Security or the’’ 
before ‘‘Attorney General’’. 
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111 
SEC. 111. REQUIREMENT FOR PROCEDURES RELATING TO 
CERTAIN ASYLUM APPLICATIONS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Attorney General 
shall establish procedures to expedite the adjudication of 
asylum applications for aliens— 
(1) who are subject to removal proceedings 
under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a); and 
(2) who are nationals of a Western Hemisphere 
country sanctioned by the United States, as de-
scribed in subsection (b), as of January 1, 2023. 
(b) WESTERN HEMISPHERE COUNTRY SANCTIONED 
BY THE UNITED STATES DESCRIBED.—Subsection (a) 
shall apply only to an asylum application filed by an alien 
who is a national of a Western Hemisphere country sub-
ject to sanctions pursuant to— 
(1) the Cuban Liberty and Democratic Soli-
darity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 
note); 
(2) the Reinforcing Nicaragua’s Adherence to 
Conditions for Electoral Reform Act of 2021 or the 
RENACER Act (50 U.S.C. 1701 note); or 
(3) Executive Order 13692 (80 Fed. Reg. 
12747; declaring a national emergency with respect 
to the situation in Venezuela). 
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112 
(c) APPLICABILITY.—This section shall only apply to 
an alien who files an application for asylum after the date 
of the enactment of this Act. 
TITLE II—BORDER SAFETY AND 
MIGRANT PROTECTION 
SEC. 201. INSPECTION OF APPLICANTS FOR ADMISSION. 
Section 235 of the Immigration and Nationality Act 
(8 U.S.C. 1225) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) in clauses (i) and (ii), by 
striking ‘‘section 212(a)(6)(C)’’ in-
serting ‘‘subparagraph (A) or (C) of 
section 212(a)(6)’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(iv) INELIGIBILITY
FOR
PAROLE.— 
An alien described in clause (i) or (ii) shall 
not be eligible for parole except as ex-
pressly authorized pursuant to section 
212(d)(5), or for parole or release pursu-
ant to section 236(a).’’; and 
(ii) in subparagraph (B)— 
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113 
(I) in clause (ii), by striking 
‘‘asylum.’’ and inserting ‘‘asylum and 
shall not be released (including pursu-
ant to parole or release pursuant to 
section 236(a) but excluding as ex-
pressly authorized pursuant to section 
212(d)(5)) other than to be removed 
or returned to a country as described 
in paragraph (3).’’; and 
(II) in clause (iii)(IV)— 
(aa) in the header by strik-
ing ‘‘DETENTION’’ and inserting 
‘‘DETENTION, RETURN, OR
RE-
MOVAL’’; and 
(bb) by adding at the end 
the following: ‘‘The alien shall 
not be released (including pursu-
ant to parole or release pursuant 
to section 236(a) but excluding 
as expressly authorized pursuant 
to section 212(d)(5)) other than 
to be removed or returned to a 
country as described in para-
graph (3).’’; 
(B) in paragraph (2)— 
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114 
(i) in subparagraph (A)— 
(I) by striking ‘‘Subject to sub-
paragraphs (B) and (C),’’ and insert-
ing ‘‘Subject to subparagraph (B) and 
paragraph (3),’’; and 
(II) by adding at the end the fol-
lowing: ‘‘The alien shall not be re-
leased (including pursuant to parole 
or release pursuant to section 236(a) 
but excluding as expressly authorized 
pursuant to section 212(d)(5)) other 
than to be removed or returned to a 
country as described in paragraph 
(3).’’; and 
(ii) by striking subparagraph (C); 
(C) by redesignating paragraph (3) as 
paragraph (5); and 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) RETURN TO FOREIGN TERRITORY CONTIG-
UOUS TO THE UNITED STATES.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may return to a foreign ter-
ritory contiguous to the United States any alien 
arriving on land from that territory (whether or 
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115 
not at a designated port of entry) pending a 
proceeding under section 240 or review of a de-
termination under subsection (b)(1)(B)(iii)(III). 
‘‘(B) MANDATORY
RETURN.—If at any 
time the Secretary of Homeland Security can-
not— 
‘‘(i) comply with its obligations to de-
tain an alien as required under clauses (ii) 
and (iii)(IV) of subsection (b)(1)(B) and 
subsection (b)(2)(A); or 
‘‘(ii) remove an alien to a country de-
scribed in section 208(a)(2)(A), 
the Secretary of Homeland Security shall, with-
out exception, including pursuant to parole or 
release pursuant to section 236(a) but exclud-
ing as expressly authorized pursuant to section 
212(d)(5), return to a foreign territory contig-
uous to the United States any alien arriving on 
land from that territory (whether or not at a 
designated port of entry) pending a proceeding 
under section 240 or review of a determination 
under subsection (b)(1)(B)(iii)(III). 
‘‘(4) ENFORCEMENT
BY
STATE
ATTORNEYS 
GENERAL.—The attorney general of a State, or 
other authorized State officer, alleging a violation of 
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116 
the detention, return, or removal requirements under 
paragraph (1), (2), or (3) that affects such State or 
its residents, may bring an action against the Sec-
retary of Homeland Security on behalf of the resi-
dents of the State in an appropriate United States 
district court to obtain appropriate injunctive re-
lief.’’; and 
(2) by adding at the end the following: 
‘‘(e) AUTHORITY TO PROHIBIT INTRODUCTION OF 
CERTAIN ALIENS.—If the Secretary of Homeland Security 
determines, in his discretion, that the prohibition of the 
introduction of aliens who are inadmissible under subpara-
graph (A) or (C) of section 212(a)(6) or under section 
212(a)(7) at an international land or maritime border of 
the United States is necessary to achieve operational con-
trol (as defined in section 2 of the Secure Fence Act of 
2006 (8 U.S.C. 1701 note)) of such border, the Secretary 
may prohibit, in whole or in part, the introduction of such 
aliens at such border for such period of time as the Sec-
retary determines is necessary for such purpose.’’. 
SEC. 202. OPERATIONAL DETENTION FACILITIES. 
(a) IN GENERAL.—Not later than September 30, 
2023, the Secretary of Homeland Security shall take all 
necessary actions to reopen or restore all U.S. Immigra-
tion and Customs Enforcement detention facilities that 
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117 
were in operation on January 20, 2021, that subsequently 
closed or with respect to which the use was altered, re-
duced, or discontinued after January 20, 2021. In car-
rying out the requirement under this subsection, the Sec-
retary may use the authority under section 103(a)(11) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1103(a)(11)). 
(b) SPECIFIC FACILITIES.—The requirement under 
subsection (a) shall include at a minimum, reopening, or 
restoring, the following facilities: 
(1) Irwin County Detention Center in Georgia. 
(2) C. Carlos Carreiro Immigration Detention 
Center in Bristol County, Massachusetts. 
(3) Etowah County Detention Center in Gads-
den, Alabama. 
(4) Glades County Detention Center in Moore 
Haven, Florida. 
(5) South Texas Family Residential Center. 
(c) EXCEPTION.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary of Homeland Se-
curity is authorized to obtain equivalent capacity for 
detention facilities at locations other than those list-
ed in subsection (b). 
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118 
(2) LIMITATION.—The Secretary may not take 
action under paragraph (1) unless the capacity ob-
tained would result in a reduction of time and cost 
relative to the cost and time otherwise required to 
obtain such capacity. 
(3) SOUTH TEXAS FAMILY RESIDENTIAL CEN-
TER.—The exception under paragraph (1) shall not 
apply to the South Texas Family Residential Center. 
The Secretary shall take all necessary steps to mod-
ify and operate the South Texas Family Residential 
Center in the same manner and capability it was op-
erating on January 20, 2021. 
(d) PERIODIC REPORT.—Not later than 90 days after 
the date of the enactment of this Act, and every 90 days 
thereafter until September 30, 2027, the Secretary of 
Homeland Security shall submit to the appropriate con-
gressional committees a detailed plan for and a status re-
port on— 
(1) compliance with the deadline under sub-
section (a); 
(2) the increase in detention capabilities re-
quired by this section— 
(A) for the 90 day period immediately pre-
ceding the date such report is submitted; and 
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(B) for the period beginning on the first 
day of the fiscal year during which the report 
is submitted, and ending on the date such re-
port is submitted; 
(3) the number of detention beds that were 
used and the number of available detention beds 
that were not used during— 
(A) the 90 day period immediately pre-
ceding the date such report is submitted; and 
(B) the period beginning on the first day 
of the fiscal year during which the report is 
submitted, and ending on the date such report 
is submitted; 
(4) the number of aliens released due to a lack 
of available detention beds; and 
(5) the resources the Department of Homeland 
Security needs in order to comply with the require-
ments under this section. 
(e) NOTIFICATION.—The Secretary of Homeland Se-
curity shall notify Congress, and include with such notifi-
cation a detailed description of the resources the Depart-
ment of Homeland Security needs in order to detain all 
aliens whose detention is mandatory or nondiscretionary 
under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.)— 
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120 
(1) not later than 5 days after all U.S. Immi-
gration and Customs Enforcement detention facili-
ties reach 90 percent of capacity; 
(2) not later than 5 days after all U.S. Immi-
gration and Customs Enforcement detention facili-
ties reach 95 percent of capacity; and 
(3) not later than 5 days after all U.S. Immi-
gration and Customs Enforcement detention facili-
ties reach full capacity. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means— 
(1) the Committee on the Judiciary of the 
House of Representatives; 
(2) the Committee on Appropriations of the 
House of Representatives; 
(3) the Committee on the Judiciary of the Sen-
ate; and 
(4) the Committee on Appropriations of the 
Senate. 
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133 
(II) in clause (i), by inserting be-
fore ‘‘permit such child to withdraw’’ 
the following: ‘‘may’’; and 
(III) in clause (ii), by inserting 
before ‘‘return such child’’ the fol-
lowing: ‘‘shall’’; and 
(B) in paragraph (5)(D)— 
(i) in the matter preceding clause (i), 
by striking ‘‘, except for an unaccompanied 
alien child from a contiguous country sub-
ject to exceptions under subsection (a)(2),’’ 
and inserting ‘‘who does not meet the cri-
teria listed in paragraph (2)(A)’’; and 
(ii) in clause (i), by inserting before 
the semicolon at the end the following: ‘‘, 
which shall include a hearing before an im-
migration judge not later than 14 days 
after being screened under paragraph (4)’’; 
(2) in subsection (b)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
before the semicolon the following: ‘‘be-
lieved not to meet the criteria listed in sub-
section (a)(2)(A)’’; and 
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139 
(B) in paragraph (2), by inserting after 
‘‘in the case of an alien who has been previously 
subject to a civil penalty under this subsection’’ 
the following: ‘‘or subsection (e)(2)(B)’’; and 
(3) by adding at the end the following: 
‘‘(e) VISA OVERSTAYS.— 
‘‘(1) IN GENERAL.—An alien who was admitted 
as a nonimmigrant has violated this paragraph if the 
alien, for an aggregate of 10 days or more, has 
failed— 
‘‘(A) to maintain the nonimmigrant status 
in which the alien was admitted, or to which it 
was changed under section 248, including com-
plying with the period of stay authorized by the 
Secretary of Homeland Security in connection 
with such status; or 
‘‘(B) to comply otherwise with the condi-
tions of such nonimmigrant status. 
‘‘(2) PENALTIES.—An alien who has violated 
paragraph (1)— 
‘‘(A) shall— 
‘‘(i) for the first commission of such a 
violation, be fined under title 18, United 
States Code, or imprisoned not more than 
6 months, or both; and 
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22:31 May 02, 2023
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159 
vided under the system to indicate a 
final nonconfirmation. If the indi-
vidual does contest the nonconfirma-
tion, the individual shall utilize the 
process for secondary verification pro-
vided under subsection (d). The non-
confirmation will remain tentative 
until a final confirmation or noncon-
firmation 
is 
provided 
by 
the 
verification system within the time pe-
riod specified. In no case shall an em-
ployer terminate employment of an in-
dividual because of a failure of the in-
dividual to have identity and work eli-
gibility confirmed under this section 
until a nonconfirmation becomes final. 
Nothing in this clause shall apply to a 
termination of employment for any 
reason other than because of such a 
failure. In no case shall an employer 
rescind the offer of employment to an 
individual because of a failure of the 
individual to have identity and work 
eligibility confirmed under this sub-
section until a nonconfirmation be-
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