S. 5371
Stopping Border Surges Act
Sponsor: Mike Lee
Official summary
No official summary yet.
Text of the bill
I Unaccompanied Alien Children
II Asylum Reform
(a) In general. Section 208(d)(4) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(4)) is amended—
(1) in the matter preceding subparagraph (A), by inserting the Secretary of Homeland Security or before the Attorney General;
(2) in subparagraph (A), by striking and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and and inserting a semicolon;
(3) in subparagraph (B), by striking the period at the end and inserting ; and; and
(4) by adding at the end the following:
(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.
(b) Conforming amendment. Section 208(d)(6) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is amended to read as follows:
(6) Frivolous applications
(A) Consequence. If the Secretary of Homeland Security or the Attorney General determines an alien has knowingly made a frivolous application for asylum after receiving the written warning required under paragraph (4)(C), such alien shall be permanently ineligible for any benefits under this chapter, effective as of the date of the final determination of such application.
(B) Determination. An application shall be considered frivolous if the Secretary of Homeland Security or the Attorney General determines, in accordance with subparagraph (C), that—
(i) the application 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 in order to pursue Cancellation of Removal under section 240A(b); or
(ii) any of the material elements are knowingly fabricated.
(C) Opportunity to clarify claim. An application may not be considered frivolous under this paragraph unless the Secretary or the Attorney General are satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to clarify any discrepancies or implausible aspects of the applicant's claim.
(D) Withholding of removal. A determination under this paragraph that an alien filed a frivolous asylum application shall not preclude such alien from seeking withholding of removal under section 241(b)(3) or protection pursuant to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984.