Title: End the Border Crisis Now Act
Policy area: Immigration

Summary:
End the Border Crisis Now Act
This bill imposes additional restrictions on asylum eligibility.
Under this bill, an alien must be lawfully admitted into the United States to apply for asylum. (Currently, an alien may apply for asylum upon being physically present or arriving in the United States, subject to certain restrictions.)
In addition, if an alien was in a qualifying third country (generally one where the alien's life or freedom would not be threatened on account of certain characteristics) during the 180 days before being admitted into the United States, the alien may not apply for asylum unless the alien proves that (1) the alien applied for and was denied asylum or equivalent status in that third country, or (2) the conditions in the alien's country of nationality have significantly worsened since the alien was in the third country.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1070 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1070

   To amend the Immigration and Nationality Act to modify provisions 
                    relating to asylum eligibility.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 12, 2021

  Mr. Cotton 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 modify provisions 
                    relating to asylum eligibility.

    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 ``End the Border Crisis Now Act''.

SEC. 2. ASYLUM ELIGIBILITY FOR CERTAIN ALIENS LAWFULLY ADMITTED TO THE 
              UNITED STATES.

    Section 208(a) of the Immigration and Nationality Act (8 U.S.C. 
1158(a)) is amended--
            (1) in paragraph (1), by striking ``is physically present'' 
        and all that follows through ``United States waters)'' and 
        inserting ``has been lawfully admitted to the United States''; 
        and
            (2) in paragraph (2), by amending subparagraph (A) to read 
        as follows:
                    ``(A) Safe third country.--Paragraph (1) shall not 
                apply to an alien if the Attorney General or the 
                Secretary of Homeland Security determines that--
                            ``(i) the alien may be removed, pursuant to 
                        a bilateral or multilateral agreement, to a 
                        country (other than the country of the alien's 
                        nationality or, in the case of an alien having 
                        no nationality, the country of the alien's last 
                        habitual residence) in which the alien's life 
                        or freedom would not be threatened on account 
                        of race, religion, nationality, membership in a 
                        particular social group, or political opinion, 
                        and where the alien would have access to a full 
                        and fair procedure for determining a claim to 
                        asylum or equivalent temporary protection, 
                        unless the Attorney General or the Secretary of 
                        Homeland Security finds that it is in the 
                        public interest for the alien to receive asylum 
                        in the United States; or
                            ``(ii) during the 180 days immediately 
                        preceding the admission of the alien to the 
                        United States, the alien was physically present 
                        in a country described in clause (i), unless 
                        the alien demonstrates, by clear and convincing 
                        evidence, that--
                                    ``(I) the alien applied for asylum 
                                or equivalent temporary protection in 
                                such country and was denied asylum or 
                                equivalent temporary protection; or
                                    ``(II) the conditions in the 
                                country of the alien's nationality have 
                                significantly changed for the worse 
                                since the alien was physically present 
                                in a country described in clause 
                                (i).''.
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