Ending Catch and Release Act of 2022
Bill: H.R.8951 | Sponsor: Rep. Biggs, Andy (R-AZ)
Policy area: Immigration

Summary:
Ending Catch and Release Act of 2022
This bill changes the treatment of certain non-U.S. nationals (aliens under federal law) without lawful immigration status, including by prohibiting the release of asylum seekers into the United States while their cases are pending.
The Department of Homeland Security (DHS) may not (with some exceptions) release an individual who is not clearly entitled to admission into the United States while the individual's case is pending, even if the individual is an asylum seeker. DHS may instead detain the individual or return the individual to a neighboring country in certain situations.
The bill also expands expedited removal from the United States (i.e., removal without further hearing or review) to include individuals present in the United States without being admitted, with certain exceptions. Under current law, individuals are subject to expedited removal if they lack proper documentation or obtained an immigration benefit through fraud; such individuals are still subject to expedited removal under the bill.
The bill also modifies the standard for establishing a credible fear of persecution to avoid expedited removal. Generally, an asylum seeker may avoid expedited removal if an asylum officer finds such a credible fear. Under this bill, an officer may find credible fear if it is more likely than not the individual can establish their eligibility for asylum, whereas under current law, the officer may find credible fear if there is a significant possibility that the individual can establish their eligibility.

To amend the Immigration and Nationality Act with respect to the parole 
       or release of an asylum applicant, 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 ``Ending Catch and Release Act of 
2022''.

SEC. 2. INSPECTION OF APPLICANTS FOR ADMISSION.

    Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)) is amended by--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) by striking ``section 
                                212(a)(6)(C)'' and inserting ``section 
                                212(a)(6)(A), 212(a)(6)(C), or''; and
                                    (II) by striking the period at the 
                                end and inserting ``. The Secretary may 
                                not parole or otherwise release the 
                                alien into the United States.''; and
                            (ii) in clause (ii)--
                                    (I) by striking ``section 
                                212(a)(6)(C)'' and inserting ``section 
                                212(a)(6)(A), 212(a)(6)(C), or''; and
                                    (II) by striking the period at the 
                                end and inserting ``. The Secretary may 
                                not parole or otherwise release the 
                                alien into the United States.'';
                    (B) in subparagraph (B)--
                            (i) in clause (i), by striking ``Attorney 
                        General'' and inserting ``Secretary'';
                            (ii) in clause (ii), by striking ``the 
                        alien shall be detained for further 
                        consideration of the application for asylum'' 
                        and inserting ``the alien shall either be 
                        detained for further consideration of the 
                        application for asylum by an immigration judge 
                        or if the alien arrived on land from a foreign 
                        territory contiguous to the United States, be 
                        returned to that territory for further 
                        consideration of the application for asylum by 
                        an immigration judge. The Secretary may not 
                        parole or otherwise release the alien into the 
                        United States'';
                            (iii) in clause (iii)--
                                    (I) in subclause (I), by striking 
                                the period at the end and adding ``. 
                                The Secretary shall remove the alien 
                                within 72 hours. If the alien cannot be 
                                removed, the alien shall be detained 
                                until removed. The Secretary may not 
                                parole or otherwise release the alien 
                                into the United States.'';
                                    (II) in subclause (II), by striking 
                                ``has not'' and inserting ``has or has 
                                not''; and
                                    (III) in subclause (IV), by 
                                striking the period at the end and 
                                inserting ``. The Secretary may not 
                                parole or otherwise release the alien 
                                into the United States.''; and
                            (iv) in clause (v), by striking ``there is 
                        a significant possibility, taking into account 
                        the credibility of the statements made by the 
                        alien in support of the alien's claim and such 
                        other facts as are known to the officer, that 
                        the alien could establish eligibility for 
                        asylum under section 208'' and inserting ``it 
                        is more likely than not that the alien will be 
                        able to establish eligibility for asylum under 
                        section 208''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``and (C)''; and
                            (ii) by striking ``the alien shall be 
                        detained for a proceeding under section 240.'' 
                        and inserting ``the alien shall be either 
                        detained for a proceeding under section 240 or 
                        if the alien arrived on land from a foreign 
                        territory contiguous to the United States, be 
                        returned to that territory pending a proceeding 
                        under section 240. The Secretary may not parole 
                        or otherwise release the alien into the United 
                        States.''; and
                    (B) by striking subparagraph (C).
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