Transit Ban Act of 2022
Bill: S.5350 | Sponsor: Sen. Lankford, James (R-OK)
Policy area: Immigration

Summary:
Transit Ban Act of 2022
This bill bars non-U.S. nationals (aliens under federal law) from receiving asylum if they traveled through at least one other country to arrive at or enter the United States through the U.S.-Mexico border, with certain exceptions, such as if the individual is a victim of a severe form of human trafficking.

To enact a transit ban if the order issued under sections 362 and 365 
of the Public Health Service Act (42 U.S.C. 265 and 268) is terminated.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transit Ban Act of 2022''.

SEC. 2. ELIGIBILITY FOR ASYLUM.

    (a) In General.--Notwithstanding sections 208, 235, and 240 of the 
Immigration and Nationality Act (8 U.S.C. 1158, 1225, and 1229a), any 
alien who enters, attempts to enter, or arrives in the United States 
across the southern land border on or after December 21, 2022, after 
transiting through at least 1 country outside the alien's country of 
citizenship, nationality, or last lawful habitual residence en route to 
the United States, shall be ineligible for asylum unless--
            (1) the alien demonstrates that he or she--
                    (A) applied for protection from persecution or 
                torture in at least 1 country outside of the alien's 
                country of citizenship, nationality, or last lawful 
                habitual residence through which the alien transited en 
                route to the United States; and
                    (B) received a final judgment denying the alien 
                protection in such country;
            (2) the alien demonstrates that he or she is a ``victim of 
        a severe form of trafficking in persons'' (as defined in 
        section 214.11 of title 8, Code of Federal Regulations); or
            (3) the only countries through which the alien transited en 
        route to the United States were, at the time of such transit, 
        not parties to--
                    (A) the Convention Relating to the Status of 
                Refugees, done at Geneva July 28, 1951 (as made 
                applicable by the Protocol Relating to the Status of 
                Refugees, done at New York January 31, 1967 (19 UST 
                6223)); or
                    (B) the Convention against Torture and Other Cruel, 
                Inhuman or Degrading Treatment or Punishment, done at 
                New York December 10, 1984.
    (b) Non-Refoulement Obligations.--If an asylum officer determines 
that an alien has entered, attempted to enter, or arrived in the United 
States along its southern land border on or after December 21, 2022, 
and does not meet the conditions set forth in paragraph (1), (2), or 
(3) of subsection (a), the asylum officer shall--
            (1) screen the alien to determine whether the alien has a 
        reasonable fear of persecution under the Convention against 
        Torture and Other Cruel, Inhuman or Degrading Treatment or 
        Punishment; and
            (2) if the asylum officer determines that such alien does 
        not have a reasonable fear of persecution, enter a negative 
        credible fear determination with respect to the alien's 
        application for asylum.
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