Closing Loopholes and Ending Asylum Abuse Act of 2022
Bill: H.R.8355 | Sponsor: Rep. Crenshaw, Dan (R-TX)
Policy area: Immigration

Summary:
Closing Loopholes and Ending Asylum Abuse Act of 2022
This bill imposes restrictions on noncitizens (aliens under federal law) applying for asylum, authorizes asylum seekers to apply for asylum abroad, and requires applicants to apply abroad in certain instances.
For example, the bill requires a refugee's persecution or well-founded fear of persecution to stem from a government (or affiliated entity), whereas currently the persecution does not have to stem from a government. The bill also requires an applicant who passes through another country with a U.S. diplomatic mission that processes asylum claims to apply for asylum while physically in that country.

To amend the Immigration and Nationality Act to reform the asylum claim 
                    process, 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 ``Closing Loopholes and Ending Asylum 
Abuse Act of 2022''.

SEC. 2. REFORM ASYLUM CLAIM PROCESS.

    (a) Conforming Amendments.--The Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended--
            (1) in section 101(a)--
                    (A) in paragraph (42)--
                            (i) by inserting ``by the government or a 
                        governmental-affiliated entity'' after ``fear 
                        of persecution'' each place it appears;
                            (ii) by inserting ``by the government or a 
                        governmental-affiliated entity'' after 
                        ``persecution of any person'';
                            (iii) by inserting ``by the government or a 
                        governmental-affiliated entity'' after ``has 
                        been persecuted'';
                            (iv) by inserting ``by the government or a 
                        governmental-affiliated entity'' after ``have 
                        been persecuted''; and
                            (v) by inserting ``by the government or a 
                        governmental-affiliated entity'' after 
                        ``subject to persecution'';
                    (B) by adding at the end the following:
            ``(53) The term `governmental-affiliated entity' means a 
        person, ministry,  bureau,  department,  agency,  government 
        corporation,  or any  other entity  chartered, established, 
        sponsored, or supported  by  the government or a dominant 
        political organization.
            ``(54) The term `particular social group' means a group of 
        individuals that is composed of immutable characteristics, 
        socially distinct within the society in question, and defined 
        with particularity.
            ``(55) The term `immutable characteristic' means a 
        characteristic not capable of or susceptible to change.
            ``(56) The term `socially distinct within the society in 
        question' means there is societal differentiation between 
        people in a society who possess a shared belief or trait and 
        people in such society who do not possess such shared belief or 
        trait.
            ``(57) The term `defined with particularity' means there 
        are clear, well-defined boundaries between people who fall 
        within a particular social group and people who do not fall 
        within such particular social group.'';
            (2) in section 208--
                    (A) in subsection (a), by amending paragraph (1) to 
                read as follows:
            ``(1) Asylum process.--
                    ``(A) Physical presence in united states.--Any 
                alien who is physically present in the United States or 
                who arrives at the United States (at a designated port 
                of entry and including an alien who is brought to the 
                United States after having been interdicted in 
                international or United States waters), irrespective of 
                such alien's status, may apply for asylum in accordance 
                with this section or, where applicable, section 235(b).
                    ``(B) Outside of united states.--Any alien who is 
                physically present outside of the United States, 
                irrespective of such alien's status, may apply for 
                asylum at a United States diplomatic mission 
                established under section 2(c) of the Closing Loopholes 
                and Ending Asylum Abuse Act of 2022.''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (B)(iii)--
                                            (aa) by striking ``whenever 
                                        made and whether or not under 
                                        oath'' and inserting ``which 
                                        shall be made under oath''; and
                                            (bb) by inserting ``and any 
                                        reports on country conditions 
                                        written by a law enforcement 
                                        agency in the United States or 
                                        a law enforcement agency in the 
                                        country the report describes'' 
                                        after ``country conditions''; 
                                        and
                                    (II) by adding at the end the 
                                following:
                    ``(C) Location of claim.--If an alien passes 
                through a country (other than the United States or the 
                country of citizenship, nationality, or origin of such 
                alien) that has a United States diplomatic mission 
                established under section 2(c) of the Closing Loopholes 
                and Ending Asylum Abuse Act of 2022, such alien shall 
                make any application for asylum in accordance with this 
                section in such country and may not enter the United 
                States unless such claim is granted or other 
                immigration benefit or relief is awarded.''; and
                            (ii) in paragraph (2)(A)--
                                    (I) in clause (v), by striking 
                                ``or'' at the end;
                                    (II) in clause (vi), by striking 
                                the period at the end and inserting ``; 
                                or''; and
                                    (III) by adding at the end the 
                                following:
                            ``(vii) the alien has violated section 275 
                        (relating to entering the United States 
                        improperly); or
                            ``(viii) the alien has received a final 
                        order of removal issued in absentia under 
                        section 240(b)(5)(A).''; and
            (3) in section 235(b)(1)(B)(v)--
                    (A) by striking ``possibility'' and inserting 
                ``likelihood''; and
                    (B) by inserting ``and the evidence presented'' 
                after ``by the alien''.
    (b) Claims for Asylum Abroad.--Chapter 4 of the Immigration and 
Nationality Act (8 U.S.C. 1221 et seq.) is amended by inserting after 
section 235A the following:

``SEC. 235B. CLAIMS FOR ASYLUM OUTSIDE OF UNITED STATES.

    ``(a) Screening.--An alien outside of the United States who 
indicates an intention to apply for asylum at a diplomatic mission 
established under section 2(c) of the Closing Loopholes and Ending 
Asylum Abuse Act of 2022, shall be examined, assessed, and referred to 
an asylum officer for an interview to determine if such alien has a 
credible fear of persecution in accordance with section 235(b)(1)(B).
    ``(b) Admission.--If an alien described in subsection (a) is found 
to have a credible fear of persecution, the alien shall be admitted to 
the United States for the purpose of further consideration of their 
application for asylum as directed by the Secretary of Homeland 
Security.
    ``(c) No Credible Fear Found.--If an alien described in subsection 
(a) is found to not have a credible fear of persecution--
            ``(1) the alien shall not be eligible to apply for asylum 
        in the United States unless such alien can demonstrate a chance 
        in circumstance with respect to their credible fear of 
        persecution; and
            ``(2) the asylum officer shall prepare a written record of 
        a determination, including a summary of the material facts as 
        stated by the alien, any additional facts relied upon by the 
        officer, and the officer's analysis of why, in the light of 
        such facts, the alien has not established a credible fear of 
        persecution, and a copy of the officer's interview notes.
    ``(d) Rules.--The Secretary of Homeland Security shall establish 
all necessary processes, rules, and procedures to store, maintain, 
access, and share information related to an alien applying for asylum 
outside of the United States.''.
    (c) Authorization To Establish Asylum Offices Abroad.--
            (1) Establishment.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of Homeland 
        Security, in coordination with the Secretary of State and the 
        Attorney General, shall establish United States diplomatic 
        missions at a United States embassy or consulate in accordance 
        with this subsection to review an application for asylum under 
        section 208 of the Immigration and Nationality Act (8 U.S.C. 
        1158).
            (2) Location.--A United States diplomatic mission 
        established pursuant to paragraph (1) may be located at any of 
        the following:
                    (A) The United States Embassy in Mexico City.
                    (B) The United States Consulate General in Ciudad 
                Juarez.
                    (C) The United States Consulate General in 
                Matamoros.
                    (D) The United States Consulate General in 
                Monterrey.
                    (E) The United States Consulate General in Nogales.
                    (F) The United States Consulate General in Tijuana.
                    (G) Any other United States embassy or consulate 
                the Secretary of Homeland Security, in coordination 
                with the Secretary of State and Attorney General, 
                recommends pursuant to subsection (c)(5).
            (3) Staff.--The Secretary of Homeland Security, in 
        coordination with the Secretary of State and the Attorney 
        General, shall provide necessary facilities and staff to serve 
        the United States diplomatic missions established pursuant to 
        paragraph (1).
    (d) Reporting.--Not later than 1 year after the date of the 
enactment of this Act, and every year thereafter, the Secretary of 
Homeland Security, in coordination with the Secretary of State and the 
Attorney General, shall submit to the relevant congressional committees 
a report on the United States diplomatic missions established pursuant 
to subsection (b)(1), including the following:
            (1) The number of applications for asylum reviewed at each 
        United States diplomatic mission.
            (2) The number of asylum seekers found to have a credible 
        fear of persecution.
            (3) The number of staff employed at each United States 
        diplomatic mission.
            (4) An assessment of the effectiveness of reviewing 
        applications for asylum at the United States diplomatic 
        missions.
            (5) Recommendations on where to establish additional United 
        States diplomatic missions as necessary based on migrant flows.
            (6) Any other matter the Secretary of Homeland Security, in 
        coordination with the Secretary of State and the Attorney 
        General, determines appropriate.
    (e) Relevant Congressional Committees Defined.--In this section, 
the term ``relevant congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Committee on 
        Homeland Security, and the Committee on the Judiciary of the 
        House of Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        Homeland Security and Governmental Affairs, and the Committee 
        on the Judiciary of the Senate.
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