S. 4637 — Introduced in Senate

II 117th CONGRESS 2d Session S. 4637 IN THE SENATE OF THE UNITED STATES July 27, 2022Mr. 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. 1. Short title This Act may be cited as the Asylum Integrity Act. 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. .