House Judiciary Committee Approves Bill to Reform Asylum Laws

Press Release

The House Judiciary Committee today approved by a vote of 21-12 the Asylum Reform and Border Protection Act (H.R. 1153). This bill, authored by Congressman Jason Chaffetz (R-Utah), strengthens asylum standards to prevent the Obama Administration's rubberstamping of fraudulent claims, effectively ends "catch and release," and prevents American taxpayer dollars from being used to pay for unlawful immigrants' lawyers.

Although an internal Department of Homeland Security (DHS) report shows that at least 70% of asylum cases contain proven or possible fraud, the Obama Administration has set records for approving claims. During the initial asylum screening process in which aliens have to demonstrate a "credible fear" of persecution in their home countries, federal immigration officers approved 92% and 80% of these claims in Fiscal Years 2013 and 2014, respectively. While awaiting an immigration hearing, they are released into the U.S. and receive work authorization while their case is pending. Additionally, in the first quarter of Fiscal Year 2015, roughly 60% of unaccompanied alien minors' asylum applications have been immediately approved by asylum officers.

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and Congressman Jason Chaffetz (R-Utah) praised today's Committee vote.

Chairman Goodlatte: "President Obama's lax immigration enforcement has created disorder at our southern border. There has been an explosion of asylum claims, many of which are fraudulent and baseless, as word has spread around the world that the Obama Administration virtually rubberstamps asylum applications and releases asylum seekers into the United States before their claims are proved valid. Since the Obama Administration has not effectively curbed fraud and abuse in the asylum system, this has dramatically encouraged more illegal border crossings.

"Congressman Chaffetz's bill, the Asylum Reform and Border Protection Act, closes loopholes in our immigration system that enable false asylum claims and ends many of the Obama Administration's policies that encourage illegal immigration. In doing so, the bill restores the integrity of our immigration system so that it works better for our country and those truly persecuted in their home countries."

Congressman Chaffetz: "Today the Judiciary Committee took an important step in plugging a hole in our legal immigration system that has long been abused. By providing additional resources, we can more efficiently assess the credibility of claims and reduce the wait times for those with legitimate asylum requests. As a result, unaccompanied children can safely and swiftly be reunited with their families. Furthermore, by strengthening the standards for "credible fear' claims, we will have the ability to more quickly identify those abusing the asylum program and provide a disincentive for others to follow their lead."

Key Components of the Asylum Reform and Border Protection Act:

· Credible Fear: We must fix the very minimal standard under current law that allows an alien apprehended at the border to show a "credible fear of persecution" and then generally be released into our communities while their asylum claim goes through the very lengthy immigration court process. During Fiscal Years 2013 and 2014, the Department of Homeland Security (DHS) approved 92% and 80% of credible fear claims, respectively -- many of which were fraudulent and baseless. The result has been an explosion of claims as word has gotten out of the virtual rubberstamping of applications. The bill tightens the standard aliens have to meet in order to curtail fraud.

· Immigration Parole Reform: The parole statute allows DHS to bring into the U.S. otherwise inadmissible aliens and release detained aliens -- but only in very narrow circumstances. The Obama Administration has abused this program -- going well beyond the intent of Congress -- to admit entire classes of aliens and release large numbers of detained aliens. In order to end this abuse, the bill specifies the precise instances in which parole can be used. A prime benefit of this provision will be to end the "catch and release" of many aliens apprehended at the border who claim a credible fear of persecution.

· HHS/DHS Information Sharing: The bill forces the Department of Health and Human Services (HHS) to cooperate with DHS in the removal process, such as by informing DHS as to the location of alien minors who are or have been in its custody.

· No Taxpayer Funded Attorneys: The Administration wants taxpayers to foot the bill (to the tune of $50 million) for lawyers for unaccompanied alien minors (UAMs) in removal proceedings. While the Immigration and Nationality Act has long prohibited taxpayer-funded attorneys for aliens in removal proceedings, the bill makes the prohibition more explicit to forestall the Administration's plans.

· Definition of Unaccompanied Alien Minor: The bill clarifies that an alien is not considered a UAM if certain immediate relatives (in addition to parents and guardians) are available to provide for their care and assume physical custody.

· Safe Third Countries: The bill grants DHS the power to remove asylum seekers to safe third countries where they would have access to a full and fair procedure for applying for asylum without the current necessity for bilateral agreements with those countries. This would allow the return of apprehended Central Americans to Mexico where they could apply for asylum.

· Termination of Asylum Status: The bill requires termination of asylum status where an asylee returns to their home country from which they sought asylum, absent changed circumstances or a change in country conditions.

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