Asylum Abuse Reduction Act
Bill: S.863 | Sponsor: Sen. Inhofe, James M. (R-OK)
Policy area: Immigration

Summary:
Asylum Abuse Reduction Act
This bill places restrictions on aliens seeking asylum and contains provisions related to immigration enforcement.
Under this bill, an asylum seeker who arrives at a U.S. land port of entry without entry documents may not be admitted unless an asylum officer at a U.S. embassy or consulate has interviewed the alien and has concluded that the alien (1) has been persecuted in the alien's country of nationality due to their race, religion, or other characteristics; (2) has a credible fear of persecution if they returned to that country; or (3) would be tortured by the government upon return to that country. (Currently, an alien arriving at a port of entry may apply for asylum and an immigration officer there typically will give the alien a credible fear interview.)
Furthermore, an alien who traveled through a third country to enter the United States through the southern border shall be ineligible for asylum unless (1) the alien has applied for and been denied asylum or protection in that third country, (2) the alien was a victim of severe human trafficking, or (3) the third country is not party to certain international agreements relating to refugees.
Each federal judicial district shall appoint at least one judge to issue arrest warrants for individuals violating orders to depart, upon a showing of probable cause.
Under this bill, the Flores agreement (a lawsuit settlement which imposes various requirements relating to the treatment of alien minors detained for immigration-related purposes) shall not apply.

To require asylum officers at United States embassies and consulates to 
 conduct credible fear screenings before aliens seeking asylum may be 
permitted to enter the United States to apply for asylum, and for other 
                               purposes.

    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 ``Asylum Abuse Reduction Act''.

SEC. 2. ASYLUM INTERVIEWS.

    (a) Border Crossings.--Notwithstanding section 235(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who 
is seeking asylum in the United States attempts to enter the United 
States from Canada or Mexico at a land port of entry without a valid 
visa or other appropriate entry document, the immigration officer who 
is inspecting the alien--
            (1) may not admit or parole the alien into the United 
        States; and
            (2) shall advise the alien to schedule an asylum hearing 
        with the most convenient United States embassy or consulate in 
        Canada or Mexico.
    (b) Credible Fear Screenings.--An alien described in subsection (a) 
may only be permitted to enter the United States to apply for asylum if 
an asylum officer stationed at a United States embassy or consulate--
            (1) has conducted an in-person or telephonic interview with 
        the alien; and
            (2) as a result of such interview, has concluded that the 
        alien--
                    (A)(i) has been persecuted in the alien's country 
                of nationality on account of the alien's race, 
                religion, nationality, membership in a particular 
                social group, or political opinion;
                    (ii) has a credible fear of persecution (as defined 
                in section 235(b)(1)(B) of the Immigration and 
                Nationality Act (8 U.S.C. 1225(b)(1)(B))) if the alien 
                returned to such country; or
                    (iii) would be subject to torture by a government 
                or public official acting under the color of law if the 
                alien returned to his or her country of nationality; 
                and
                    (B) is otherwise eligible for asylum under section 
                208(a) of that Act (8 U.S.C. 1158(a)).

SEC. 3. ASYLUM INELIGIBILITY.

    Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(a)(2)) is amended by adding at the end the following:
                    ``(F) Transit through third country.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), paragraph (1) shall not apply to 
                        any alien who, on or after the date of the 
                        enactment of this subparagraph, enters, 
                        attempts to enter, or arrives in the United 
                        States through the Southern land border after 
                        transiting through, on the way to the United 
                        States, one or more countries other than the 
                        country of citizenship, nationality, or last 
                        lawful habitual residence of the alien.
                            ``(ii) Exceptions.--Clause (i) shall not 
                        apply if--
                                    ``(I)(aa) the alien demonstrates 
                                that he or she applied for protection 
                                from persecution or torture in one or 
                                more countries (other than the country 
                                of citizenship, nationality, or last 
                                lawful habitual residence of the alien) 
                                through which the alien transited on 
                                the way to the United States; and
                                    ``(bb) the alien received a final 
                                judgment denying the alien protection 
                                in such country;
                                    ``(II) the alien demonstrates that 
                                he or she is or has been subject to a 
                                severe form of trafficking in persons; 
                                or
                                    ``(III) the one or more countries 
                                through which the alien transited on 
                                the way to the United States were not, 
                                at the time of the transit, parties 
                                to--
                                            ``(aa) 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
                                            ``(bb) the Convention 
                                        against Torture and Other 
                                        Cruel, Inhuman or Degrading 
                                        Treatment or Punishment, done 
                                        at New York December 10, 1984.
                    ``(G) Internal relocation.--Paragraph (1) shall not 
                apply to an alien interviewed by an asylum officer 
                under section 2(b) of the Asylum Abuse Reduction Act if 
                the asylum officer makes a determination that the alien 
                may avoid purported persecution or torture in the 
                alien's country of nationality by relocating to another 
                part of such country.''.

SEC. 4. CRIMINAL BENCH WARRANTS.

    (a) Issuance.--Each Federal judicial district shall appoint at 
least 1 magistrate or district court judge who, upon a showing of 
probable cause, shall issue a warrant of arrest for a violation of 
section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
1253(a)(1)).
    (b) Probable Cause.--An order of removal issued under any provision 
of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) that has 
been in existence 90 days or more shall constitute prima facie evidence 
of probable cause to issue a warrant under subsection (a).

SEC. 5. INAPPLICABILITY OF FLORES SETTLEMENT AGREEMENT TO ALIENS 
              SUBJECT TO DETENTION.

    The stipulated settlement agreement filed in the United States 
District Court for the Central District of California on January 17, 
1997 (CV 85-4544-RJK) (commonly known as the ``Flores settlement 
agreement''), shall not apply to the detention and custody of aliens 
subject to detention in the United States under the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.).
                                 <all>