Title: To amend the Immigration and Nationality Act to reform asylum procedures related to the filing of frivolous applications, and for other purposes.
Policy area: Immigration

Summary:
This bill requires the Department of Homeland Security and the Department of Justice to include with each asylum application a written warning notifying the applicant of the consequences of filing a frivolous application. The bill defines a frivolous application as one that (1) is so insufficient that it is clear that it was filed to delay removal from the United States or obtain some other immigration-related benefit, or (2) contains material facts that are knowingly fabricated.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3857 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3857

     To amend the Immigration and Nationality Act to reform asylum 
  procedures related to the filing of frivolous applications, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2019

  Mrs. Lesko introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend the Immigration and Nationality Act to reform asylum 
  procedures related to the filing of frivolous applications, 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. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

    (a) In General.--Section 208(d)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``the Secretary of Homeland Security or'' before ``the Attorney 
        General'';
            (2) in subparagraph (A), by striking ``and of the 
        consequences, under paragraph (6), of knowingly filing a 
        frivolous application for asylum; and'' and inserting a 
        semicolon;
            (3) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(C) ensure that a written warning appears on the 
                asylum application advising the alien of the 
                consequences of filing a frivolous application and 
                serving as notice to the alien of the consequence of 
                filing a frivolous application.''.
    (b) Conforming Amendment.--Section 208(d)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the'' 
and all that follows and inserting:
                    ``(A) If the Secretary of Homeland Security or the 
                Attorney General determines that an alien has knowingly 
                made a frivolous application for asylum and the alien 
                has received the notice under paragraph (4)(C), the 
                alien shall be permanently ineligible for any benefits 
                under this chapter, effective as the date of the final 
                determination of such an application.
                    ``(B) An application is frivolous if the Secretary 
                of Homeland Security or the Attorney General 
                determines, consistent with subparagraph (C), that--
                            ``(i) it is so insufficient in substance 
                        that it is clear that the applicant knowingly 
                        filed the application solely or in part to 
                        delay removal from the United States, to seek 
                        employment authorization as an applicant for 
                        asylum pursuant to regulations issued pursuant 
                        to paragraph (2), or to seek issuance of a 
                        Notice to Appear in order to pursue 
                        Cancellation of Removal under section 240A(b); 
                        or
                            ``(ii) any of the material elements are 
                        knowingly fabricated.
                    ``(C) In determining that an application is 
                frivolous, the Secretary or the Attorney General must 
                be satisfied that the applicant, during the course of 
                the proceedings, has had sufficient opportunity to 
                clarify any discrepancies or implausible aspects of the 
                claim.
                    ``(D) For purposes of this section, a finding that 
                an alien filed a frivolous asylum application shall not 
                preclude the alien from seeking withholding of removal 
                under section 241(b)(3) or protection pursuant to the 
                Convention Against Torture.''.

SEC. 2. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.

    (a) Asylum Credibility Determinations.--Section 208(b)(1)(B)(iii) 
of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is 
amended by inserting after ``all relevant factors'' the following: ``, 
including statements made to, and investigative reports prepared by, 
immigration authorities and other government officials''.
    (b) Relief for Removal Credibility Determinations.--Section 
240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 
1229a(c)(4)(C)) is amended by inserting after ``all relevant factors'' 
the following: ``, including statements made to, and investigative 
reports prepared by, immigration authorities and other government 
officials''.
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