,i #aafth ,,congress #ast ,session ,h4 ,r4 #ccfj ,,in ,,the ,,house ,,of ,,representatives ,june #ai1 #bjai,mr4 ,johnson of ,louisiana 7for himself and ,mr4 ,collins of ,georgia7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to modify the treatment of unaccompanied alien children who are in ,federal custody by reason of their immigration status1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,asylum ,reform and ,border ,protection ,act of #bjai4 #b4 ,clarification of intent regarding taxpayer-provided counsel ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended-- 7#a7 by striking ,in any removal proceedings before an immigration judge and in any appeal proceedings before the ,attorney ,general from any such removal proceedings and inserting ,in any removal proceedings before an immigration judge1 or any other immigration proceedings before the ,attorney ,general1 the ,secretary of ,homeland ,security1 or any appeal of such a proceeding2 7#b7 by striking 7at no expense to the ,government72 and 7#c7 by adding at the end the following3 ,notwithstanding any other provision of law1 in no instance shall the ,government bear any expense for counsel for any person in proceedings described in this section4 4 #c4 ,credible fear interviews ,section #bce7;b77#a77;,b77v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77v77 is amended by striking claim and all that follows and inserting claim1 as determined pursuant to section #bjh7;b77#a77;,b77iii7 and such other facts as are known to the officer1 that the alien could establish eligibility for asylum under section #bjh1 and it is more probable than not that the statements made by1 and on behalf of1 the alien in support of the alien's claim are true44 #d4 ,recording expedited removal and credible fear interviews 7a7 ,in general ,the ,secretary of ,homeland ,security shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the ,department of ,homeland ,security exercising expedited removal authority under section #bce7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77 are asked in a uniform manner1 to the extent possible1 and that both these questions and the answers provided in response to them are recorded in a uniform fashion4 7b7 ,factors relating to sworn statements ,where practicable1 any sworn or signed written statement taken of an alien as part of the record of a proceeding under section #bce7;b77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,a77 shall be accompanied by a recording of the interview which served as the basis for that sworn statement4 7c7 ,interpreters ,the ,secretary shall ensure that a competent interpreter1 not affiliated with the government of the country from which the alien may claim asylum1 is used when the interviewing officer does not speak a language understood by the alien4 7d7 ,recordings in immigration proceedings ,there shall be an audio or audio visual recording of interviews of aliens subject to expedited removal4 ,the recording shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien4 7e7 ,no private right of action ,nothing in this section shall be construed to create any right1 benefit1 trust1 or responsibility1 whether substantive or procedural1 enforceable in law or equity by a party against the ,united ,states1 its departments1 agencies1 instrumentalities1 entities1 officers1 employees1 or agents1 or any person1 nor does this section create any right of review in any administrative1 judicial1 or other proceeding4 #e4 ,parole reform 7a7 ,in general ,paragraph 7#e7 of section #bab7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77 is amended to read as follows3 7#e7 ,humanitarian and significant public interest parole 7,a7 ,in general ,subject to the provisions of this paragraph and section #bad7;f77#b71 the ,secretary of ,homeland ,security1 in the sole discretion of the ,secretary of ,homeland ,security1 may on an individual case-by-case basis1 and not according to eligibility criteria describing an entire class of potential parole recipients1 parole an alien into the ,united ,states temporarily1 under such conditions as the ,secretary of ,homeland ,security may prescribe1 only-- 7i7 an alien not present in the ,united ,states for an urgent humanitarian reason 7as described under subparagraph 7,b772 7ii7 an alien not present in the ,united ,states for a reason deemed strictly in the significant public interest 7as described under subparagraph 7,c772 or 7iii7 an alien who-- 7,i7 is present in the ,united ,states without lawful immigration status2 7,,ii7 is the beneficiary of a pending or approved petition under section #bjc7;a72 7,,iii7 is not otherwise inadmissible or deportable2 and 7,,iv7 is the spouse or minor child of a member of the ,armed ,forces serving on active duty at the request of the member of the ,armed ,forces4 7,b7 ,humanitarian parole ,the ,secretary of ,homeland ,security may parole an alien based on an urgent humanitarian reason described in this subparagraph only if-- 7i7 the alien has a medical emergency and the alien cannot obtain necessary treatment in the foreign state in which the alien is residing or the medical emergency is life-threatening and there is insufficient time for the alien to be admitted through the normal visa process2 7ii7 the alien is the parent or legal guardian of an alien described in clause 7i71 if the alien described in clause 7i7 is a minor2 7iii7 the alien is needed in the ,united ,states in order to donate an organ or other tissue for transplant into a close family member and there is insufficient time for the alien to be admitted through the normal visa process2 7iv7 the alien has a close family member in the ,united ,states whose death is imminent and the alien could not arrive in the ,united ,states in time to see such family member alive if the alien were to be admitted through the normal visa process2 7v7 the alien is an adopted child with an urgent medical condition1 who is in the legal custody of the petitioner for a final adoption-related visa1 and whose medical treatment is required prior to the expected award of a final adoption-related visa2 7vi7 the alien is a lawful applicant for adjustment of status under section #bde2 or 7vii7 the alien was-- 7,i7 lawfully granted status under section #bjh2 7,,ii7 lawfully admitted under section #bjg2 or 7,,iii7 granted withholding of removal under section #bda7;b77#c74 7,c7 ,significant public interest parole ,the ,secretary of ,homeland ,security may parole an alien based on a reason deemed strictly in the significant public interest described in this subparagraph only if the alien has assisted 7or will assist1 whether knowingly or not7 the ,united ,states ,government in a matter1 such as a criminal investigation1 espionage1 or other similar law enforcement activity1 including a civil litigation matter requiring the alien's presence1 and either the alien's presence in the ,united ,states is required by the ,government or the alien's life would be threatened if the alien were not permitted to come to the ,united ,states4 ,only a matter described in this subparagraph shall qualify for purposes of this subparagraph1 and no other matter may qualify4 7,d7 ,limitation on the use of parole authority ,the ,secretary of ,homeland ,security may not use the parole authority under this paragraph-- 7i7 to circumvent immigration policy established by law to admit classes of aliens who do not qualify for admission2 or 7ii7 to supplement established immigration categories without congressional approval4 7,e7 ,parole not an admission ,parole of an alien under this paragraph shall not be considered an admission of the alien into the ,united ,states4 ,when the purposes of the parole of an alien have been served1 as determined by the ,secretary of ,homeland ,security1 the alien shall immediately return or be returned to the custody from which the alien was paroled and the alien shall be considered for admission to the ,united ,states on the same basis as other similarly situated applicants for admission4 7,f7 ,report to ,congress ,not later than #ij days after the end of each fiscal year1 the ,secretary of ,homeland ,security shall submit a report to the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate describing the number and categories of aliens paroled into the ,united ,states under this paragraph4 ,each such report shall contain information and data concerning the number and categories of aliens paroled1 the duration of parole1 and the current status of aliens paroled during the preceding fiscal year4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the first day of the first month beginning more than #fj days after the date of the enactment of this ,act4 #f4 ,modifications to preferential availability for asylum for unaccompanied alien minors ,section #bjh7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77 is amended by striking subparagraph 7,e74 #g4 ,safe third country ,section #bjh7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77;,a77 is amended-- 7#a7 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security2 and 7#b7 by striking removed1 pursuant to a bilateral or multilateral agreement1 to and inserting removed to4 #h4 ,withholding of removal ,section #bda7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;b77#c77 is amended-- 7#a7 by adding at the end of subparagraph 7,a7 the following3 ,the burden of proof shall be on the alien to establish that the alien's life or freedom would be threatened in that country1 and that race1 religion1 nationality1 membership in a particular social group1 or political opinion would be at least one central reason for such threat4 2 and 7#b7 in subparagraph 7,c71 by striking ,in determining whether an alien has demonstrated that the alien's life or freedom would be threatened for a reason described in subparagraph 7,a71 and inserting ,for purposes of this paragraph14 #i4 ,firm resettlement ,section #bjh7;b77#b77;,a77vi7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77vi77 is amended by striking ,states4 and inserting ,states1 which shall be considered demonstrated by evidence that the alien can live in such country 7in any legal status7 without fear of persecution44 #aj4 ,termination of ,asylum ,status ,pursuant to ,return to ,home ,country 7a7 ,in general ,section #bjh7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;c77 is amended by adding at the end the following new paragraph3 7#c7 ,termination of status pursuant to return to home country 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 any alien who is granted asylum status under this ,act1 who1 absent changed country conditions1 subsequently returns to the country of such alien's nationality or1 in the case of an alien having no nationality1 returns to any country in which such alien last habitually resided1 and who applied for such status because of persecution or a well-founded fear of persecution in that country on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion1 shall have his or her status terminated4 7,b7 ,waiver ,the ,secretary has discretion to waive subparagraph 7,a7 if it is established to the satisfaction of the ,secretary that the alien had a compelling reason for the return4 ,the waiver shall be sought prior to departure from the ,united ,states or upon return4 4 7b7 ,conforming amendment ,section #bjh7;c77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;c77#c77 is amended by inserting after paragraph 7#b7 the following3 or 7#d74 #aa4 ,notice concerning frivolous asylum applications 7a7 ,in general ,section #bjh7;d77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#d77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by inserting the ,secretary of ,homeland ,security or before the ,attorney ,general2 7#b7 in subparagraph 7,a71 by striking and of the consequences1 under paragraph 7#f71 of knowingly filing a frivolous application for asylum2 7#c7 in subparagraph 7,b71 by striking the period and inserting 2 and2 7#d7 by adding at the end the following3 7,c7 ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application4 2 and 7#e7 by inserting after subparagraph 7,c7 the following3 ,the written warning referred to in subparagraph 7,c7 shall serve as notice to the alien of the consequences of filing a frivolous application4 4 7b7 ,conforming amendment ,section #bjh7;d77#f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#f77 is amended-- 7#a7 by striking ,if the ,attorney ,general and inserting 7,a7 ,in general4--,if the ,department of ,homeland ,security or the ,attorney ,general2 7#b7 by striking paragraph 7#d77;,a7 in subparagraph 7,a7 7as designated in paragraph 7#a7 of this subsection7 and inserting paragraph 7#d77;,c72 and 7#c7 by adding at the end the following3 7,b7 ,determination ,an application may be found frivolous if it is determined-- 7i7 to be totally insufficient in substance such that it is clear that the applicant knowingly filed the application without intending to pursue the merits of his or her asylum claim solely-- 7,i7 to delay removal from the ,united ,states2 7,,ii7 to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph 7#b72 or 7,,iii7 for applicants whom have not yet had removal proceedings initiated against them under section #bci1 to seek issuance of a notice to appear in order to pursue cancellation of removal under section #bdj;,a7b72 or 7ii7 that any of its material elements is deliberately fabricated4 7,c7 ,limitation on determination ,a determination under subparagraph 7,b7 shall only be made if the decision maker is satisfied that the applicant1 during the course of the proceedings1 has had sufficient opportunity to account for any discrepancies or implausible aspects of the claim4 ,for purposes of this section1 a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section #bda7;b77#c74 4 #ab4 ,termination of ,asylum ,status in ,removal ,proceedings ,section #bjh7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;c771 as amended by this ,act1 is further amended-- 7#a7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting the ,secretary of ,homeland ,security or before the ,attorney ,general2 and 7,b7 in subparagraph 7,c71 by striking 1 pursuant to a bilateral or multilateral agreement12 and 7#b7 by adding at the end the following3 7#e7 ,timing for ,consideration of ,termination of ,asylum ,status in ,removal ,proceedings ,if an alien's asylum status is subject to termination under paragraph 7#b7 or 7#d71 the immigration judge shall first determine whether the conditions specified under that paragraph have been met1 and if so1 terminate the alien's asylum status before considering whether the alien is eligible for adjustment of status under section #bji4 4 #ac4 ,limitation on ,eligibility for ,asylum ,based on ,generalized ,violence ,section #bjh7;b77#b77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,b77 is amended by adding at the end the following3 7iii7 ,limitation on ,eligibility ,based on ,generalized ,violence ,an alien is not eligible for asylum under this section1 or withholding of removal under section #bda1 based on any of the following circumstances3 7,i7 ,being1 or having been1 a member of a criminal gang4 7,,ii7 ,participating1 or having participated1 in the activities of a criminal gang4 7,,iii7 ,having been recruited into1 or having a fear of being recruited into1 membership of1 or the activities of1 a criminal gang4 7,,iv7 ,having been1 or having a fear of being1 the victim of a crime committed by a member of a criminal gang1 or otherwise having been1 or having a fear of being1 the victim of a crime in the alien's home country1 unless the main motivating factor for the commission of the crime1 or the fear of being the victim of a crime1 is related to the alien's race1 religion1 national origin1 or political opinion4 4 #ad4 ,membership in a particular social group defined ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ec7 ,the term membership in a particular social group means membership in a group that is-- 7,a7 composed of members who share a common immutable characteristic2 7,b7 defined with particularity2 and 7,c7 socially distinct within the society in question4 4 #ae4 ,anti-fraud investigative work product 7a7 ,asylum credibility determinations ,section #bjh7;b77#a77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#a77;,b77iii77 is amended by inserting after all relevant factors the following3 1 including statements made to1 and investigative reports prepared by1 immigration authorities and other government officials4 7b7 ,relief for removal credibility determinations ,section #bdj7;c77#d77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#d77;,c77 is amended by inserting after all relevant factors the following3 1 including statements made to1 and investigative reports prepared by1 immigration authorities and other government officials4 #af4 ,clarification for conduct of rogue foreign officials 7a7 ,asylum applications ,section #bjh7;b77#b77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,b771 as amended by this ,act1 is further amended by adding at the end the following3 7iv7 ,rogue foreign government officials ,the burden of proof under paragraph 7#a77;,b7 may not be established based on the conduct of rogue foreign government officials acting outside the scope of their official capacity4 4 7b7 ,countries to which an alien may be removed ,section #bda7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;b77#c77 is amended by adding at the end the following3 7,c7 ,special rule ,the burden of proof for relief under this paragraph may not be established based on the conduct of rogue foreign government officials acting outside the scope of their official capacity4 4 #ag4 ,technical amendments ,section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,d71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7,b7 in paragraph 7#c71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 7#b7 in subsection 7b77#b71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general each place such term appears2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7,b7 in paragraph 7#c71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general each place such term appears2 7,b7 in paragraph 7#b71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7,c7 in paragraph 7#c71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general each place such term appears2 7,d7 in paragraph 7#e7-- 7i7 in subparagraph 7,a71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7ii7 in subparagraph 7,b71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7,e7 in paragraph 7#f71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general each place such term appears4