I 
118TH CONGRESS 
1ST SESSION H. R. 5651 
To deny asylum to members of a Communist or other totalitarian party, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 21, 2023 
Mr. NEHLS (for himself, Mr. GREEN of Tennessee, and Mr. DONALDS) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To deny asylum to members of a Communist or other 
totalitarian party, 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 ‘‘No Asylum for CCP 
Spies Act’’. 
SEC. 2. DENIAL OF ASYLUM TO MEMBERS OF A COMMUNIST 
OR OTHER TOTALITARIAN PARTY. 
Section 208(b)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1158(b)(2)) is amended— 
(1) in subparagraph (A)— 
VerDate Sep 11 2014 
03:06 Sep 26, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5651.IH
H5651
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) in clause (v), by striking ‘‘or’’ at the 
end; 
(B) in clause (vi), by striking the period at 
the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(vii) the alien is described in section 
212(a)(3)(D)(i), except as provided in sub-
paragraph (B)(iii) and subject to’’; and 
(2) in subparagraph (B), by adding at the end 
the following: 
‘‘(iii) EXCEPTION TO PARTY MEMBER-
SHIP.—Notwithstanding 
subparagraph 
(A)(vii), an alien who is described in sec-
tion 212(a)(3)(D)(i) may be granted asy-
lum pursuant to paragraph (1) if— 
‘‘(I) the alien— 
‘‘(aa) has, before applying 
for asylum and through a service 
approved by the Federal Govern-
ment, publicly renounced his or 
her membership in the Com-
munist or totalitarian party of 
which the alien was a member or 
with which the alien was affili-
ated and denounces such party 
VerDate Sep 11 2014 
03:06 Sep 26, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5651.IH
H5651
kjohnson on DSK7ZCZBW3PROD with $$_JOB
during the asylum adjudication 
process; and 
‘‘(bb) establishes, to the sat-
isfaction of the Attorney General 
or the Secretary of Homeland Se-
curity, that the membership or 
affiliation of the alien with a 
Communist or totalitarian party 
is or was involuntary, limited to 
a period when the alien was 
younger than 16 years of age, 
automatic, by operation of law, 
without the alien’s personal ac-
quiescence, or solely for the pur-
pose of obtaining employment, 
food rations, or other living es-
sentials; and 
‘‘(II) the Attorney General or the 
Secretary of Homeland Security, in 
consultation with the Director of Na-
tional Intelligence, determines that 
the alien is not a danger to the secu-
rity of the United States. 
‘‘(iv) WAIVER.— 
VerDate Sep 11 2014 
03:06 Sep 26, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5651.IH
H5651
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(I) IN GENERAL.—In the case 
of an alien described in section 
212(a)(3)(D)(i) who is not eligible for 
asylum under clause (iii), the Attor-
ney General or the Secretary of 
Homeland Security may waive the ap-
plication of such section if the Attor-
ney General or the Secretary, in con-
sultation with the Director of Na-
tional Intelligence, determines that 
such alien has significant information 
relating to national security. 
‘‘(II) 
CONDITIONS.—An 
alien 
may only be granted a waiver under 
this clause if— 
‘‘(aa) the alien, through a 
service approved by the Federal 
Government, publicly renounces 
his or her membership in the 
Communist or totalitarian party 
of which the alien was a member 
or with which the alien was affili-
ated and denounces such party 
during the asylum adjudication 
process; and 
VerDate Sep 11 2014 
03:06 Sep 26, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5651.IH
H5651
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(bb) the Attorney General 
or the Secretary of Homeland Se-
curity, in consultation with the 
Director of National Intelligence, 
determines that the alien is not a 
danger to the security of the 
United States.’’. 
Æ 
VerDate Sep 11 2014 
03:06 Sep 26, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H5651.IH
H5651
kjohnson on DSK7ZCZBW3PROD with $$_JOB