Title: Asylum Integrity Act
Policy area: Immigration

Summary:
Asylum Integrity Act
This bill establishes under statute a framework for determining whether an asylum seeker has filed a frivolous application. Under this bill, an asylum application shall be considered frivolous if the application was knowingly filed and (1) includes a fabricated material element, (2) is premised on false or fabricated evidence, (3) was filed without regard to the merits of the claims, or (4) is clearly foreclosed by law.
(Currently, regulations provide for a similar, but not identical, framework for asylum applications filed on or after January 11, 2021.)

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4637 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4637

To amend the Immigration and Nationality Act to clarify the meaning of 
 the term ``frivolous application'' with respect to asylum claims, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2022

   Mr. Tillis (for himself, Mr. Cramer, Mr. Hagerty, and Mr. Rounds) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to clarify the meaning of 
 the term ``frivolous application'' with respect to asylum claims, 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 ``Asylum Integrity Act''.

SEC. 2. CLARIFICATION WITH RESPECT TO FRIVOLOUS ASYLUM APPLICATIONS.

    Section 208(d) of the Immigration and Nationality Act (8 U.S.C. 
1158(d)) is amended--
            (1) in paragraph (4), in the matter preceding subparagraph 
        (A), by inserting ``the Secretary of Homeland Security or'' 
        before ``the Attorney General''; and
            (2) by amending paragraph (6)--
                    (A) by striking ``If the Attorney General 
                determines that an alien has knowingly'' and inserting 
                the following:
                    ``(A) In general.--If the Secretary of Homeland 
                Security or the Attorney General determines that an 
                alien has''; and
                    (B) by adding at the end the following:
                    ``(B) Determination.--
                            ``(i) In general.--For purposes of this 
                        paragraph, a frivolous application is an 
                        application for asylum that the Secretary of 
                        Homeland Security or the Attorney General 
                        determines--
                                    ``(I) has been made knowingly by 
                                the applicant; and
                                    ``(II)(aa) includes a fabricated 
                                material element;
                                    ``(bb) is premised on false or 
                                fabricated evidence;
                                    ``(cc) was filed without regard to 
                                the merits of the claim; or
                                    ``(dd) is clearly foreclosed by 
                                applicable law.
                            ``(ii) Effect of finding.--For purposes of 
                        this section, a finding that an alien has filed 
                        a frivolous asylum application shall not 
                        preclude the alien from seeking withholding of 
                        removal under section 241(b)(3) of protection 
                        pursuant to the Convention Against Torture and 
                        Other Cruel, Inhuman or Degrading Treatment or 
                        Punishment, done at New York December 10, 1984.
                            ``(iii) Findings by asylum officers.--In 
                        adjudicating an affirmative asylum application, 
                        if an asylum officer determines that the 
                        application is described in subclauses (I) and 
                        (II) of clause (i), the asylum officer may--
                                    ``(I) make a finding that the 
                                application is a frivolous application; 
                                and
                                    ``(II)(aa) in the case of an 
                                applicant who is not in lawful status, 
                                refer the application to an immigration 
                                judge; or
                                    ``(bb) in the case of an applicant 
                                who is in lawful status, deny the 
                                application.''.
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