Title: Providing Justice for Asylum Seekers Act of 2019
Policy area: Immigration

Summary:
Providing Justice for Asylum Seekers Act of 2019
This bill limits when an alien may be removed from the United States in absentia.
To remove an alien in a proceeding without the alien present, the Department of Homeland Security (DHS) must establish that the alien (1) had sufficient written notice of the proceeding; (2) is removable; and (3) has a pattern of failing to report to DHS, if the alien was required to periodically report. Currently, DHS is not required to prove a pattern of failure to report.
The bill also gives an immigration judge discretion as to whether to remove an alien in absentia after DHS has established its case. Currently, the judge must remove an alien after DHS has established its case.
If an alien is ordered removed in absentia, a motion to reopen the case due to exceptional circumstances leading to the alien's failure to appear at the proceeding may be filed at any time, where currently such a motion must be filed within 180 days of the removal order. The bill also allows a motion to reopen to be filed at any time if the alien is a minor child.
If there is a change in the time or place of any removal proceeding, and it is not practicable to provide written notice to the alien in person, DHS must notify the alien and the alien's counsel through the mail. Currently, DHS is only statutorily required to notify the alien or the alien's counsel through the mail.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3748 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 3748

    To amend the Immigration and Nationality Act with respect to in 
         absentia removal proceedings, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2019

 Mr. Panetta introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend the Immigration and Nationality Act with respect to in 
         absentia removal proceedings, 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 ``Providing Justice for Asylum Seekers 
Act of 2019''.

SEC. 2. INITIATION OF REMOVAL PROCEEDINGS.

    Section 239(a) of the Immigration and Nationality Act (8 U.S.C. 
1229(a)) is amended--
            (1) in paragraph (1)(F), by inserting ``the Secretary of 
        Homeland Security or'' before ``the Attorney General'' each 
        place such term appears; and
            (2) in paragraph (2)(A), by striking ``the alien or to the 
        alien's counsel of record'' and inserting ``the alien and to 
        the alien's counsel of record''.

SEC. 3. REMOVAL PROCEEDINGS.

    Section 240(b) of the Immigration and Nationality Act (8 U.S.C. 
1229a(b)) is amended--
            (1) in paragraph (5)--
                    (A) by amending subparagraph (A) to read as 
                follows:
                    ``(A) Removal in absentia.--
                            ``(i) In general.--Any alien who, after a 
                        proceeding under this section is rescheduled by 
                        an immigration judge due to the alien's failure 
                        to attend such proceeding, and written notice 
                        required under paragraph (1) or (2) of section 
                        239(a) has been provided to the alien or the 
                        alien's counsel of record, does not attend a 
                        proceeding under this section, may be ordered 
                        removed in absentia if the Secretary of 
                        Homeland Security establishes by clear, 
                        unequivocal, and convincing evidence that--
                                    ``(I) sufficient written notice was 
                                so provided;
                                    ``(II) the alien is removable (as 
                                defined in subsection (e)(2)); and
                                    ``(III) in the case of an alien 
                                required to periodically report to the 
                                Department of Homeland Security, the 
                                alien has demonstrated a pattern of 
                                failing to report.
                            ``(ii) Sufficient notice.--The written 
                        notice provided by the Attorney General shall 
                        be considered sufficient for purposes of this 
                        subparagraph if provided at the most recent 
                        address provided under section 239(a)(1)(F).''; 
                        and
                    (B) in subparagraph (C)--
                            (i) in clause (i)--
                                    (I) by striking ``within 180 days'' 
                                and inserting ``at any time''; and
                                    (II) by striking ``or'' at the end;
                            (ii) in clause (ii), by striking the period 
                        at the end and inserting ``, or'';
                            (iii) by inserting after clause (ii) the 
                        following:
                            ``(iii) upon a motion to reopen filed at 
                        any time if the alien is a minor child.''; and
                            (iv) by striking ``clause (i) or (ii)'' and 
                        inserting ``clause (i), (ii), or (iii)''; and
            (2) by adding at the end the following:
            ``(8) Check-in history.--Before an immigration judge 
        conducts a proceeding under this section, the Secretary of 
        Homeland Security shall report to the immigration judge the 
        extent to which the alien has complied with any requirement to 
        report periodically the alien's whereabouts to the Secretary of 
        Homeland Security.''.
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