I 
117TH CONGRESS 
1ST SESSION 
H. R. 759 
To modify the treatment of unaccompanied alien children who are in Federal 
custody by reason of their immigration status, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2021 
Mr. JOHNSON of Louisiana introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To modify the treatment of unaccompanied alien children 
who are in Federal custody by reason of their immigra-
tion status, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Asylum Reform and 
Border Protection Act of 2021’’. 
SEC. 2. CLARIFICATION OF INTENT REGARDING TAXPAYER- 
PROVIDED COUNSEL. 
Section 292 of the Immigration and Nationality Act 
(8 U.S.C. 1362) is amended— 
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(1) by striking ‘‘In any removal proceedings be-
fore an immigration judge and in any appeal pro-
ceedings before the Attorney General from any such 
removal proceedings’’ and inserting ‘‘In any removal 
proceedings before an immigration judge, or any 
other immigration proceedings before the Attorney 
General, the Secretary of Homeland Security, or any 
appeal of such a proceeding’’; 
(2) by striking ‘‘(at no expense to the Govern-
ment)’’; and 
(3) by adding at the end the following: 
‘‘Notwithstanding any other provision of law, in no in-
stance shall the Government bear any expense for counsel 
for any person in proceedings described in this section.’’. 
SEC. 3. 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 ‘‘claim’’ and all that follows and inserting ‘‘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.’’. 
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SEC. 4. RECORDING EXPEDITED REMOVAL AND CREDIBLE 
FEAR INTERVIEWS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish quality assurance procedures and take 
steps to effectively ensure that questions by employees of 
the Department of Homeland Security exercising expe-
dited removal authority under section 235(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1225(b)) are asked 
in a uniform manner, to the extent possible, and that both 
these questions and the answers provided in response to 
them are recorded in a uniform fashion. 
(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 Na-
tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom-
panied by a recording of the interview which served as the 
basis for that sworn statement. 
(c) INTERPRETERS.—The Secretary shall ensure that 
a competent interpreter, not affiliated with the govern-
ment of the country from which the alien may claim asy-
lum, 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 inter-
views of aliens subject to expedited removal. The recording 
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shall be included in the record of proceeding and shall be 
considered as evidence in any further proceedings involv-
ing 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, enti-
ties, officers, employees, or agents, or any person, nor does 
this section create any right of review in any administra-
tive, judicial, or other proceeding. 
SEC. 5. PAROLE REFORM. 
(a) IN GENERAL.—Paragraph (5) of section 212(d) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(d)) is amended to read as follows: 
‘‘(5) HUMANITARIAN AND SIGNIFICANT PUBLIC 
INTEREST PAROLE.— 
‘‘(A) IN GENERAL.—Subject to the provi-
sions of this paragraph and section 214(f)(2), 
the Secretary of Homeland Security, in the sole 
discretion of the Secretary of Homeland Secu-
rity, may on an individual case-by-case basis, 
and not according to eligibility criteria describ-
ing an entire class of potential parole recipients, 
parole an alien into the United States tempo-
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rarily, under such conditions as the Secretary of 
Homeland Security may prescribe, only— 
‘‘(i) an alien not present in the United 
States for an urgent humanitarian reason 
(as described under subparagraph (B)); 
‘‘(ii) an alien not present in the 
United States for a reason deemed strictly 
in the significant public interest (as de-
scribed under subparagraph (C)); or 
‘‘(iii) an alien who— 
‘‘(I) is present in the United 
States without lawful immigration sta-
tus; 
‘‘(II) is the beneficiary of a pend-
ing or approved petition under section 
203(a); 
‘‘(III) is not otherwise inadmis-
sible or deportable; and 
‘‘(IV) is the spouse or minor 
child of a member of the Armed 
Forces serving on active duty at the 
request of the member of the Armed 
Forces. 
‘‘(B) HUMANITARIAN PAROLE.—The Sec-
retary of Homeland Security may parole an 
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alien based on an urgent humanitarian reason 
described in this subparagraph only if— 
‘‘(i) the alien has a medical emergency 
and the alien cannot obtain necessary 
treatment in the foreign state in which the 
alien is residing or the medical emergency 
is life-threatening and there is insufficient 
time for the alien to be admitted through 
the normal visa process; 
‘‘(ii) the alien is the parent or legal 
guardian of an alien described in clause (i), 
if the alien described in clause (i) is a 
minor; 
‘‘(iii) the alien is needed in the United 
States in order to donate an organ or 
other tissue for transplant into a close 
family member and there is insufficient 
time for the alien to be admitted through 
the normal visa process; 
‘‘(iv) the alien has a close family 
member in the United States whose death 
is imminent and the alien could not arrive 
in the United States in time to see such 
family member alive if the alien were to be 
admitted through the normal visa process; 
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‘‘(v) the alien is an adopted child with 
an urgent medical condition, who is in the 
legal custody of the petitioner for a final 
adoption-related visa, and whose medical 
treatment is required prior to the expected 
award of a final adoption-related visa; 
‘‘(vi) the alien is a lawful applicant 
for adjustment of status under section 
245; or 
‘‘(vii) the alien was— 
‘‘(I) 
lawfully 
granted 
status 
under section 208; 
‘‘(II) lawfully admitted under 
section 207; or 
‘‘(III) granted withholding of re-
moval under section 241(b)(3). 
‘‘(C) SIGNIFICANT PUBLIC INTEREST PA-
ROLE.—The Secretary of Homeland Security 
may parole an alien based on a reason deemed 
strictly in the significant public interest de-
scribed in this subparagraph only if the alien 
has assisted (or will assist, whether knowingly 
or not) the United States Government in a mat-
ter, such as a criminal investigation, espionage, 
or other similar law enforcement activity, in-
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cluding a civil litigation matter requiring the 
alien’s presence, and either the alien’s presence 
in the United States is required by the Govern-
ment or the alien’s life would be threatened if 
the alien were not permitted to come to the 
United States. Only a matter described in this 
subparagraph shall qualify for purposes of this 
subparagraph, and no other matter may qual-
ify. 
‘‘(D) LIMITATION ON THE USE OF PAROLE 
AUTHORITY.—The Secretary of Homeland Se-
curity may not use the parole authority under 
this paragraph— 
‘‘(i) to circumvent immigration policy 
established by law to admit classes of 
aliens who do not qualify for admission; or 
‘‘(ii) to supplement established immi-
gration categories without congressional 
approval. 
‘‘(E) PAROLE NOT AN ADMISSION.—Parole 
of an alien under this paragraph shall not be 
considered an admission of the alien into the 
United States. When the purposes of the parole 
of an alien have been served, as determined by 
the Secretary of Homeland Security, the alien 
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shall immediately return or be returned to the 
custody from which the alien was paroled and 
the alien shall be considered for admission to 
the United States on the same basis as other 
similarly situated applicants for admission. 
‘‘(F) REPORT
TO
CONGRESS.—Not later 
than 90 days after the end of each fiscal year, 
the Secretary of Homeland Security shall sub-
mit a report to the Committees on the Judici-
ary of the House of Representatives and the 
Senate describing the number and categories of 
aliens paroled into the United States under this 
paragraph. Each such report shall contain in-
formation and data concerning the number and 
categories of aliens paroled, the duration of pa-
role, and the current status of aliens paroled 
during the preceding fiscal year.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the first day of the first 
month beginning more than 60 days after the date of the 
enactment of this Act. 
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SEC. 6. MODIFICATIONS TO PREFERENTIAL AVAILABILITY 
FOR ASYLUM FOR UNACCOMPANIED ALIEN 
MINORS. 
Section 208(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1158(a)(2)) is amended by striking sub-
paragraph (E). 
SEC. 7. 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 ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(2) by striking ‘‘removed, pursuant to a bilat-
eral or multilateral agreement, to’’ and inserting 
‘‘removed to’’. 
SEC. 8. WITHHOLDING OF REMOVAL. 
Section 241(b)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1231(b)(3)) is amended— 
(1) by adding at the end of subparagraph (A) 
the following: 
‘‘The burden of proof shall be on the alien to 
establish that the alien’s life or freedom would 
be threatened in that country, and that race, 
religion, nationality, membership in a particular 
social group, or political opinion would be at 
least one central reason for such threat.’’; and 
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(2) in subparagraph (C), by striking ‘‘In deter-
mining whether an alien has demonstrated that the 
alien’s life or freedom would be threatened for a rea-
son described in subparagraph (A),’’ and inserting 
‘‘For purposes of this paragraph,’’. 
SEC. 9. FIRM RESETTLEMENT. 
Section 208(b)(2)(A)(vi) of the Immigration and Na-
tionality Act (8 U.S.C. 1158(b)(2)(A)(vi)) is amended by 
striking ‘‘States.’’ and inserting ‘‘States, which shall be 
considered demonstrated by evidence that the alien can 
live in such country (in any legal status) without fear of 
persecution.’’. 
SEC. 10. TERMINATION 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)) is amended by 
adding at the end the following new paragraph: 
‘‘(3) TERMINATION OF STATUS PURSUANT TO 
RETURN TO HOME COUNTRY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), any alien who is 
granted asylum status under this Act, who, ab-
sent changed country conditions, subsequently 
returns to the country of such alien’s nation-
ality or, in the case of an alien having no na-
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tionality, 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, member-
ship in a particular social group, or political 
opinion, shall have his or her status terminated. 
‘‘(B) WAIVER.—The Secretary has discre-
tion to waive subparagraph (A) if it is estab-
lished to the satisfaction of the Secretary that 
the alien had a compelling reason for the re-
turn. The waiver shall be sought prior to depar-
ture 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)) is amended by inserting after ‘‘paragraph 
(2)’’ the following: ‘‘or (4)’’. 
SEC. 11. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLI-
CATIONS. 
(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’’; 
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(2) in subparagraph (A), by striking ‘‘and of 
the consequences, under paragraph (6), of knowingly 
filing a frivolous application for asylum’’; 
(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 ap-
pears on the asylum application advising the 
alien of the consequences of filing a frivolous 
application.’’; and 
(5) by inserting after subparagraph (C) the fol-
lowing: 
‘‘The written warning referred to in subparagraph 
(C) shall serve as notice to the alien of the con-
sequences 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)) is amended— 
(1) by striking ‘‘If the Attorney General’’ and 
inserting ‘‘(A) IN GENERAL.—If the Department of 
Homeland Security or the Attorney General’’; 
(2) by striking ‘‘paragraph (4)(A)’’ in subpara-
graph (A) (as designated in paragraph (1) of this 
subsection) and inserting ‘‘paragraph (4)(C)’’; and 
(3) by adding at the end the following: 
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‘‘(B) DETERMINATION.—An application 
may be found ‘frivolous’ if it is determined— 
‘‘(i) to be totally insufficient in sub-
stance such that it is clear that the appli-
cant knowingly filed the application with-
out intending to pursue the merits of his 
or her asylum claim solely— 
‘‘(I) to delay removal from the 
United States; 
‘‘(II) to seek employment author-
ization as an applicant for asylum 
pursuant to regulations issued pursu-
ant to paragraph (2); or 
‘‘(III) for applicants whom have 
not yet had removal proceedings initi-
ated against them under section 239, 
to seek issuance of a notice to appear 
in order to pursue cancellation of re-
moval under section 240A(b); or 
‘‘(ii) that any of its material elements 
is deliberately fabricated. 
‘‘(C) LIMITATION ON DETERMINATION.—A 
determination under subparagraph (B) shall 
only be made if the decision maker is satisfied 
that the applicant, during the course of the pro-
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ceedings, has had sufficient opportunity to ac-
count for any discrepancies or implausible as-
pects of the claim. 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).’’. 
SEC. 12. TERMINATION OF ASYLUM STATUS IN REMOVAL 
PROCEEDINGS. 
Section 208(c) of the Immigration and Nationality 
Act (8 U.S.C. 1158(c)), as amended by this Act, is further 
amended— 
(1) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘the Secretary of Homeland 
Security or’’ before ‘‘the Attorney General’’; 
and 
(B) in subparagraph (C), by striking ‘‘, 
pursuant to a bilateral or multilateral agree-
ment,’’; and 
(2) by adding at the end the following: 
‘‘(5) TIMING FOR CONSIDERATION OF TERMI-
NATION
OF
ASYLUM
STATUS
IN
REMOVAL
PRO-
CEEDINGS.—If an alien’s asylum status is subject to 
termination under paragraph (2) or (4), the immi-
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gration judge shall first determine whether the con-
ditions specified under that paragraph have been 
met, and if so, terminate the alien’s asylum status 
before considering whether the alien is eligible for 
adjustment of status under section 209.’’. 
SEC. 13. LIMITATION ON ELIGIBILITY FOR ASYLUM BASED 
ON GENERALIZED VIOLENCE. 
Section 208(b)(2)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(b)(2)(B)) is amended by adding 
at the end the following: 
‘‘(iii) LIMITATION
ON
ELIGIBILITY 
BASED ON GENERALIZED VIOLENCE.—An 
alien is not eligible for asylum under this 
section, or withholding of removal under 
section 241, based on any of the following 
circumstances: 
‘‘(I) Being, or having been, a 
member of a criminal gang. 
‘‘(II) Participating, or having 
participated, in the activities of a 
criminal gang. 
‘‘(III) Having been recruited 
into, or having a fear of being re-
cruited into, membership of, or the ac-
tivities of, a criminal gang. 
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‘‘(IV) Having been, or having a 
fear of being, the victim of a crime 
committed by a member of a criminal 
gang, or otherwise having been, or 
having a fear of being, the victim of 
a crime in the alien’s home country, 
unless the main motivating factor for 
the commission of the crime, or the 
fear of being the victim of a crime, is 
related to the alien’s race, religion, 
national origin, or political opinion.’’. 
SEC. 14. MEMBERSHIP IN A PARTICULAR SOCIAL GROUP 
DEFINED. 
Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by adding at the end 
the following: 
‘‘(53) The term ‘membership in a particular so-
cial group’ means membership in a group that is— 
‘‘(A) composed of members who share a 
common immutable characteristic; 
‘‘(B) defined with particularity; and 
‘‘(C) socially distinct within the society in 
question.’’. 
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SEC. 15. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. 
(a) ASYLUM CREDIBILITY DETERMINATIONS.—Sec-
tion 208(b)(1)(B)(iii) of the Immigration and Nationality 
Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting 
after ‘‘all relevant factors’’ the following: ‘‘, including 
statements made to, and investigative reports prepared by, 
immigration authorities and other government officials’’. 
(b) RELIEF
FOR REMOVAL CREDIBILITY DETER-
MINATIONS.—Section 240(c)(4)(C) of the Immigration 
and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended 
by inserting after ‘‘all relevant factors’’ the following: ‘‘, 
including statements made to, and investigative reports 
prepared by, immigration authorities and other govern-
ment officials’’. 
SEC. 16. CLARIFICATION FOR CONDUCT OF ROGUE FOR-
EIGN OFFICIALS. 
(a) ASYLUM APPLICATIONS.—Section 208(b)(2)(B) 
of the Immigration and Nationality Act (8 U.S.C. 
1158(b)(2)(B)), as amended by this Act, is further amend-
ed by adding at the end the following: 
‘‘(iv) ROGUE FOREIGN GOVERNMENT 
OFFICIALS.—The burden of proof under 
paragraph (1)(B) may not be established 
based on the conduct of rogue foreign gov-
ernment officials acting outside the scope 
of their official capacity.’’. 
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inserting ‘‘Secretary of Homeland Security’’; 
and 
(B) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(4) 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; 
(B) in paragraph (2), by striking ‘‘Attor-
ney General’’ and inserting ‘‘Secretary of 
Homeland Security’’; 
(C) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’ each place such term ap-
pears; 
(D) in paragraph (5)— 
(i) in subparagraph (A), by inserting 
‘‘Secretary of Homeland Security or the’’ 
before ‘‘Attorney General’’; and 
(ii) in subparagraph (B), by inserting 
‘‘Secretary of Homeland Security or the’’ 
before ‘‘Attorney General’’; and 
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(E) in paragraph (6), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’ each place such term ap-
pears. 
Æ 
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