Permanent Trump Secure Border Act

(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.

(A) In general. 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), 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) Criteria. An application is frivolous if the Secretary of Homeland Security or the Attorney General determines that the application—

(i) is premised on any material elements that are knowingly fabricated; or

(ii) 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 to pursue Cancellation of Removal under section 240A(b).

(C) Sufficient Opportunity to Clarify. 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) Withholding of Removal Not Precluded. A finding under this section 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.