I 
118TH CONGRESS 
1ST SESSION 
H. R. 876 
To amend the Immigration and Nationality Act to reform certain asylum 
procedures, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 8, 2023 
Mrs. LESKO (for herself, Mr. GAETZ, Mr. HIGGINS of Louisiana, Mr. BABIN, 
and Mr. LAMALFA) introduced the following bill; which was referred to 
the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to reform 
certain asylum procedures, 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 ‘‘Border Crisis Preven-
tion Act of 2023’’. 
SEC. 2. CREDIBLE FEAR INTERVIEWS. 
(a) DETERMINATION
OF PROBABILITY
OF CLAIM 
TRUTH.—Section 235(b)(1)(B)(v) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended 
by striking ‘‘claim’’ and all that follows, and inserting 
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‘‘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 asy-
lum 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.’’. 
(b) JURISDICTION OF ASYLUM APPLICATIONS.—Sec-
tion 208(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1158) is amended by striking subparagraph (C). 
(c) RECORDING EXPEDITED REMOVAL AND CRED-
IBLE FEAR INTERVIEWS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish quality assurance procedures 
and take steps to effectively ensure that questions by 
employees of the Department of Homeland Security 
exercising expedited removal authority under section 
235(b) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)) 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. 
(2) FACTORS
RELATING
TO
SWORN
STATE-
MENTS.—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 
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the Immigration and Nationality Act (8 U.S.C. 
1225(b)(1)(A)) shall be accompanied by a recording 
of the interview which served as the basis for that 
sworn statement. 
(3) INTERPRETERS.—The Secretary shall en-
sure that a competent interpreter, not affiliated with 
the government of the country from which the alien 
may claim asylum, is used when the interviewing of-
ficer does not speak a language understood by the 
alien. 
(4) 
RECORDINGS
IN
IMMIGRATION
PRO-
CEEDINGS.—There shall be an audio or audio visual 
recording of interviews of aliens subject to expedited 
removal. The recording shall be included in the 
record of proceeding and shall be considered as evi-
dence in any further proceedings involving the alien. 
(5) NO PRIVATE RIGHT OF ACTION.—Nothing 
in this subsection shall be construed to create any 
right, benefit, trust, or responsibility, whether sub-
stantive or procedural, enforceable in law or equity 
by a party against the United States, its depart-
ments, agencies, instrumentalities, entities, officers, 
employees, or agents, or any person, nor does this 
subsection create any right of review in any adminis-
trative, judicial, or other proceeding. 
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SEC. 3. 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. 4. DETENTION SPACES. 
There is authorized to be appropriated such sums as 
may be necessary to provide for sufficient detention spaces 
as the Secretary of Homeland Security determines nec-
essary to enforce the immigration laws. 
SEC. 5. IMMIGRATION JUDGES. 
(a) IN GENERAL.—The Attorney General may ap-
point 100 additional immigration judges in addition to im-
migration judges currently serving as of the date of enact-
ment of this Act. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 6. ASYLUM PROCEDURES RELATED TO FILING FRIVO-
LOUS APPLICATIONS. 
(a) NOTICE CONCERNING FRIVOLOUS ASYLUM AP-
PLICATIONS.— 
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(1) IN GENERAL.—Section 208(d)(4) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1158(d)(4)) is amended— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘the Secretary of Homeland 
Security or’’ before ‘‘the Attorney General’’; 
(B) in subparagraph (A), by striking ‘‘and 
of the consequences, under paragraph (6), of 
knowingly filing a frivolous application for asy-
lum; and’’ and inserting a semicolon; 
(C) in subparagraph (B), by striking the 
period and inserting ‘‘; and’’; and 
(D) 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.’’. 
(2) 
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: 
‘‘(A) If the Secretary of Homeland Secu-
rity or the Attorney General determines that an 
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alien has knowingly made a frivolous applica-
tion 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 application. 
‘‘(B) An application is frivolous if the Sec-
retary of Homeland Security or the Attorney 
General determines, consistent with subpara-
graph (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. 
‘‘(C) In determining that an application is 
frivolous, the Secretary or the Attorney General 
must be satisfied that the applicant, during the 
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course of the proceedings, has had sufficient op-
portunity to clarify any discrepancies or implau-
sible aspects of the claim. 
‘‘(D) For purposes of this section, a find-
ing that an alien filed a frivolous asylum appli-
cation shall not preclude the alien from seeking 
withholding of removal under section 241(b)(3) 
or protection pursuant to the Convention 
Against Torture.’’. 
(b) ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.— 
(1) ASYLUM CREDIBILITY DETERMINATIONS.— 
Section 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 in-
vestigative reports prepared by, immigration authori-
ties and other government officials’’. 
(2) RELIEF FOR REMOVAL CREDIBILITY DETER-
MINATIONS.—Section 240(c)(4)(C) of the Immigra-
tion 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 au-
thorities and other government officials’’. 
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SEC. 7. DETENTION OF DANGEROUS ALIENS. 
Section 241(a) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears, except for the first reference in para-
graph (4)(B)(i), and inserting ‘‘Secretary of Home-
land Security’’; 
(2) in paragraph (1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) BEGINNING
OF
PERIOD.—The re-
moval period begins on the latest of the fol-
lowing: 
‘‘(i) The date the order of removal be-
comes administratively final. 
‘‘(ii) If the alien is not in the custody 
of the Secretary on the date the order of 
removal becomes administratively final, the 
date the alien is taken into such custody. 
‘‘(iii) If the alien is detained or con-
fined (except under an immigration proc-
ess) on the date the order of removal be-
comes administratively final, the date the 
alien is taken into the custody of the Sec-
retary, after the alien is released from such 
detention or confinement.’’; 
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(3) in paragraph (1), by amending subpara-
graph (C) to read as follows: 
‘‘(C) SUSPENSION OF PERIOD.— 
‘‘(i) EXTENSION.—The removal period 
shall be extended beyond a period of 90 
days and the Secretary may, in the Sec-
retary’s sole discretion, keep the alien in 
detention during such extended period if— 
‘‘(I) the alien fails or refuses to 
make all reasonable efforts to comply 
with the removal order, or to fully co-
operate with the Secretary’s efforts to 
establish the alien’s identity and carry 
out the removal order, including mak-
ing timely application in good faith 
for travel or other documents nec-
essary to the alien’s departure or con-
spires or acts to prevent the alien’s 
removal that is subject to an order of 
removal; 
‘‘(II) a court, the Board of Immi-
gration Appeals, or an immigration 
judge orders a stay of removal of an 
alien who is subject to an administra-
tively final order of removal; 
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‘‘(III) the Secretary transfers 
custody of the alien pursuant to law 
to another Federal agency or a State 
or local government agency in connec-
tion with the official duties of such 
agency; or 
‘‘(IV) a court or the Board of 
Immigration Appeals orders a remand 
to an immigration judge or the Board 
of Immigration Appeals, during the 
time period when the case is pending 
a decision on remand (with the re-
moval period beginning anew on the 
date that the alien is ordered removed 
on remand). 
‘‘(ii) RENEWAL.—If the removal pe-
riod has been extended under subpara-
graph (C)(i), a new removal period shall be 
deemed to have begun on the date— 
‘‘(I) the alien makes all reason-
able efforts to comply with the re-
moval order, or to fully cooperate with 
the Secretary’s efforts to establish the 
alien’s identity and carry out the re-
moval order; 
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‘‘(II) the stay of removal is no 
longer in effect; or 
‘‘(III) the alien is returned to the 
custody of the Secretary. 
‘‘(iii) MANDATORY
DETENTION
FOR 
CERTAIN ALIENS.—In the case of an alien 
described in subparagraphs (A) through 
(D) of section 236(c)(1), the Secretary 
shall keep that alien in detention during 
the extended period described in clause (i). 
‘‘(iv) SOLE
FORM
OF
RELIEF.—An 
alien may seek relief from detention under 
this subparagraph only by filing an appli-
cation for a writ of habeas corpus in ac-
cordance with chapter 153 of title 28, 
United States Code. No alien whose period 
of detention is extended under this sub-
paragraph shall have the right to seek re-
lease on bond.’’; 
(4) in paragraph (3)— 
(A) in the matter preceding subparagraph 
(A), by inserting after ‘‘If the alien does not 
leave or is not removed within the removal pe-
riod’’ the following: ‘‘or is not detained pursu-
ant to paragraph (6) of this subsection’’; and 
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(B) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) to obey reasonable restrictions on the 
alien’s conduct or activities that the Secretary 
prescribes for the alien, in order to prevent the 
alien from absconding, for the protection of the 
community, or for other purposes related to the 
enforcement of the immigration laws.’’; 
(5) in paragraph (4)(A), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘subparagraph (B)’’; and 
(6) by striking paragraph (6) and inserting the 
following: 
‘‘(6) ADDITIONAL RULES FOR DETENTION OR 
RELEASE OF CERTAIN ALIENS.— 
‘‘(A) DETENTION
REVIEW
PROCESS
FOR 
COOPERATIVE ALIENS ESTABLISHED.—For an 
alien who is not otherwise subject to mandatory 
detention, who has made all reasonable efforts 
to comply with a removal order and to cooper-
ate fully with the Secretary of Homeland Secu-
rity’s efforts to establish the alien’s identity and 
carry out the removal order, including making 
timely application in good faith for travel or 
other documents necessary to the alien’s depar-
ture, and who has not conspired or acted to 
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prevent removal, the Secretary shall establish 
an administrative review process to determine 
whether the alien should be detained or released 
on conditions. The Secretary shall make a de-
termination whether to release an alien after 
the removal period in accordance with subpara-
graph (B). The determination shall include con-
sideration of any evidence submitted by the 
alien, and may include consideration of any 
other evidence, including any information or as-
sistance provided by the Secretary of State or 
other Federal official and any other information 
available to the Secretary of Homeland Security 
pertaining to the ability to remove the alien. 
‘‘(B) AUTHORITY TO DETAIN BEYOND RE-
MOVAL PERIOD.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security, in the exercise of the 
Secretary’s sole discretion, may continue to 
detain an alien for 90 days beyond the re-
moval period (including any extension of 
the removal period as provided in para-
graph (1)(C)). An alien whose detention is 
extended under this subparagraph shall 
have no right to seek release on bond. 
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‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 
Secretary of Homeland Security, in the ex-
ercise of the Secretary’s sole discretion, 
may continue to detain an alien beyond the 
90 days authorized in clause (i)— 
‘‘(I) until the alien is removed, if 
the Secretary, in the Secretary’s sole 
discretion, determines that there is a 
significant likelihood that the alien— 
‘‘(aa) will be removed in the 
reasonably foreseeable future; or 
‘‘(bb) would be removed in 
the reasonably foreseeable future, 
or would have been removed, but 
for the alien’s failure or refusal 
to make all reasonable efforts to 
comply with the removal order, 
or to cooperate fully with the 
Secretary’s efforts to establish 
the alien’s identity and carry out 
the 
removal 
order, 
including 
making 
timely 
application 
in 
good faith for travel or other doc-
uments necessary to the alien’s 
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departure, or conspires or acts to 
prevent removal; 
‘‘(II) until the alien is removed, 
if the Secretary of Homeland Security 
certifies in writing— 
‘‘(aa) in consultation with 
the Secretary of Health and 
Human Services, that the alien 
has a highly contagious disease 
that poses a threat to public safe-
ty; 
‘‘(bb) after receipt of a writ-
ten recommendation from the 
Secretary of State, that release 
of the alien is likely to have seri-
ous adverse foreign policy con-
sequences for the United States; 
‘‘(cc) based on information 
available to the Secretary of 
Homeland 
Security 
(including 
classified, sensitive, or national 
security information, and without 
regard to the grounds upon 
which the alien was ordered re-
moved), that there is reason to 
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believe that the release of the 
alien would threaten the national 
security of the United States; or 
‘‘(dd) that the release of the 
alien will threaten the safety of 
the community or any person, 
conditions of release cannot rea-
sonably be expected to ensure the 
safety of the community or any 
person, and either (AA) the alien 
has been convicted of one or 
more aggravated felonies (as de-
fined in section 101(a)(43)(A)) 
or of one or more crimes identi-
fied by the Secretary of Home-
land Security by regulation, or of 
one or more attempts or conspir-
acies to commit any such aggra-
vated felonies or such identified 
crimes, if the aggregate term of 
imprisonment for such attempts 
or conspiracies is at least 5 
years; or (BB) the alien has com-
mitted one or more crimes of vio-
lence (as defined in section 16 of 
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title 18, United States Code, but 
not including a purely political 
offense) and, because of a mental 
condition or personality disorder 
and behavior associated with that 
condition or disorder, the alien is 
likely to engage in acts of vio-
lence in the future; or 
‘‘(III) pending a certification 
under subclause (II), so long as the 
Secretary of Homeland Security has 
initiated the administrative review 
process not later than 30 days after 
the expiration of the removal period 
(including any extension of the re-
moval period, as provided in para-
graph (1)(C)). 
‘‘(iii) NO RIGHT TO BOND HEARING.— 
An alien whose detention is extended under 
this subparagraph shall have no right to 
seek release on bond, including by reason 
of a certification under clause (ii)(II). 
‘‘(C) RENEWAL AND DELEGATION OF CER-
TIFICATION.— 
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‘‘(i) RENEWAL.—The Secretary of 
Homeland Security may renew a certifi-
cation 
under 
subparagraph 
(B)(ii)(II) 
every 6 months, after providing an oppor-
tunity for the alien to request reconsider-
ation of the certification and to submit 
documents or other evidence in support of 
that request. If the Secretary does not 
renew a certification, the Secretary may 
not continue to detain the alien under sub-
paragraph (B)(ii)(II). 
‘‘(ii) DELEGATION.—Notwithstanding 
section 103, the Secretary of Homeland 
Security may not delegate the authority to 
make or renew a certification described in 
item (bb), (cc), or (dd) of subparagraph 
(B)(ii)(II) below the level of the Director 
of Immigration and Customs Enforcement. 
‘‘(iii) HEARING.—The Secretary of 
Homeland Security may request that the 
Attorney General or the Attorney General’s 
designee provide for a hearing to make the 
determination described in item (dd)(BB) 
of subparagraph (B)(ii)(II). 
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‘‘(D) RELEASE ON CONDITIONS.—If it is 
determined that an alien should be released 
from detention by a Federal court, the Board of 
Immigration Appeals, or if an immigration 
judge orders a stay of removal, the Secretary of 
Homeland Security, in the exercise of the Sec-
retary’s discretion, may impose conditions on 
release as provided in paragraph (3). 
‘‘(E) REDETENTION.—The Secretary of 
Homeland Security, in the exercise of the Sec-
retary’s discretion, without any limitations 
other than those specified in this section, may 
again detain any alien subject to a final re-
moval order who is released from custody, if re-
moval becomes likely in the reasonably foresee-
able future, the alien fails to comply with the 
conditions of release, or to continue to satisfy 
the conditions described in subparagraph (A), 
or if, upon reconsideration, the Secretary, in 
the Secretary’s sole discretion, determines that 
the alien can be detained under subparagraph 
(B). This section shall apply to any alien re-
turned to custody pursuant to this subpara-
graph, as if the removal period terminated on 
the day of the redetention. 
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‘‘(F) REVIEW
OF
DETERMINATIONS
BY 
SECRETARY.—A determination by the Secretary 
under this paragraph shall not be subject to re-
view by any other agency.’’. 
Æ 
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