Preserving Border Integrity Act
Bill: H.R.7725 | Sponsor: Rep. Perry, Scott (R-PA)
Policy area: Immigration

Summary:
Preserving Border Integrity Act
This bill imposes restrictions on non-U.S. nationals (aliens under federal law) seeking asylum in the United States. Under this bill, a non-U.S. national may not, except in certain situations, seek asylum if the individual (1) entered (or attempted to enter) the United States through the northern or southern border, and (2) did not apply for protection from persecution or torture in at least one country that the individual transited through to reach the United States.

To amend the Immigration and Nationality Act to limit the availability 
of asylum for aliens transiting through third countries, 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 ``Preserving Border Integrity Act''.

SEC. 2. LIMITATIONS ON ASYLUM FOR ALIENS TRANSITING THROUGH THIRD 
              COUNTRIES.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``if the Attorney General 
                        determines that the alien may be removed, 
                        pursuant to a bilateral or multilateral 
                        agreement, to'' and inserting ``if the Attorney 
                        General or the Secretary of Homeland Security 
                        determines that the alien may be removed to''; 
                        and
                            (ii) by striking ``Attorney General finds'' 
                        and inserting ``Attorney General or Secretary 
                        finds, on a case-by-case basis,''; and
                    (B) by adding at the end the following:
                    ``(F) Certain aliens entering along the southern 
                border.--Paragraph (1) shall not apply to an alien 
                described in subsection (b)(2)(A)(vii).''; and
            (2) in subsection (b)(2)(A)--
                    (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 entered or attempted to 
                        enter the United States across the northern or 
                        southern border, but did not apply for 
                        protection from persecution or torture where it 
                        was available in at least one third country 
                        outside the alien's country of citizenship, 
                        nationality, or last lawful habitual residence 
                        through which he or she transited en route to 
                        the United States, except in the case of an 
                        alien who--
                                    ``(I) demonstrates that he or she 
                                is a victim of a severe form of 
                                trafficking in persons (as such term is 
                                defined in section 103 of the Victims 
                                of Trafficking and Violence Protection 
                                Act of 2000 (22 U.S.C. 7102)) and 
                                agrees to cooperate in an investigation 
                                or other proceeding concerning such 
                                trafficking; or
                                    ``(II) transited en route to the 
                                United States through only a country or 
                                countries that were not parties to the 
                                1967 Protocol Relating to the Status of 
                                Refugees, or the Convention against 
                                Torture and Other Cruel, Inhuman or 
                                Degrading Treatment or Punishment.''.
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