H.R. 9773 — Permanent Trump Secure Border Act

This section expands the safe third country bar by authorizing the Secretary of Homeland Security, in addition to the Attorney General, to determine that an alien may be removed to a third country without a bilateral or multilateral agreement. It also bars asylum for any alien who entered, attempted to enter, or arrived in the United States after transiting at least one other country, unless the alien applied for and received a final denial of protection in each transit country, was a victim of severe trafficking, or transited only through countries not party to the 1951 Refugee Convention, 1967 Protocol, or CAT.

This section raises the standard for credible fear interviews during expedited removal proceedings. Aliens must now show it is more likely than not that they could establish eligibility for asylum and that their supporting statements are true, taking into account credibility factors under section 208(b)(1)(B)(iii) and other known facts, replacing the prior “significant possibility” threshold.

This section limits eligibility to apply for asylum to aliens who are physically present in the United States and have arrived at a port of entry. It also requires that an alien meet the refugee definition in section 101(a)(42)(A) in accordance with the rules in section 208 and be eligible to apply under subsection (a).

This section expands the exceptions to asylum eligibility. An alien is ineligible if the Secretary of Homeland Security or Attorney General determines the alien has been convicted of any felony; certain misdemeanors involving false identification documents, unlawful receipt of federal public benefits, or controlled substances (other than a single offense of 30 grams or less of marijuana); immigration offenses under sections 274(a)(1), 274(a)(2), or 276; gang-related crimes; a DUI causing serious bodily injury or death; multiple DUIs; stalking; child abuse, neglect, or abandonment; domestic assault or battery; or battery or extreme cruelty against a current or former spouse, cohabitant, or person sharing a child.

This section limits employment authorization for asylum applicants. It permits the Secretary of Homeland Security to grant such authorization no earlier than 180 days after filing, with each grant valid for 6 months. It bars grants to applicants ineligible for asylum or who entered the United States other than at a lawful port of entry, and prohibits renewal if prior authorization was terminated under the One Big Beautiful Bill Act unless a federal court of appeals remands the case.

This section establishes rules for determining asylum eligibility. It bars recognition of a particular social group based on criminal activity or association, generalized violence, recruitment efforts, private disputes, terrorist or persecutory activity, or status as a returning alien. It limits political opinion claims to expressive conduct against state entities and restricts persecution findings to enforced laws or official acts. It requires a favorable exercise of discretion and prohibits it for applicants with more than one year of unlawful presence, two or more prior denials, tax noncompliance, missed interviews, or final removal orders, except in extraordinary circumstances or exceptional hardship.

This section bars asylum for aliens firmly resettled in another country before arriving in the United States. An alien is deemed firmly resettled if the alien resided in a transit country with permanent legal status or indefinitely renewable status (including asylee or refugee status), voluntarily resided in any country for one year or more without persecution or torture, or was a citizen of and present in another country after departing the country of nationality. The alien bears the burden of proof once an immigration judge makes an initial determination, and a parent’s firm resettlement before the alien turned 18 years of age creates a rebuttable presumption.

This section requires a written warning on asylum applications advising applicants of the consequences of filing a frivolous application. It expands the definition of frivolous to include applications premised on knowingly fabricated material elements or so lacking in substance that they were filed to delay removal, obtain employment authorization, or pursue cancellation of removal; requires an opportunity to clarify discrepancies before such a finding; and makes aliens who file frivolous applications after receiving notice permanently ineligible for benefits under the chapter while preserving eligibility for withholding of removal and Convention Against Torture protection.

This section assigns asylum authorities under section 208 of the Immigration and Nationality Act to the Secretary of Homeland Security instead of or jointly with the Attorney General. It transfers the authority to set conditions for granting asylum and certain related decisions to the Secretary, while making the Secretary or the Attorney General responsible for determinations on changed circumstances, prior applications, and judicial review limitations.

This section directs the Attorney General to establish, within 30 days of enactment, procedures to expedite adjudication of asylum applications filed after enactment by nationals of Cuba, Nicaragua, or Venezuela who are in removal proceedings under section 240 of the Immigration and Nationality Act.

This section expands expedited removal to cover aliens inadmissible under subparagraph (A) or (C) of section 212(a)(6). It bars parole or release of such aliens, and of aliens subject to proceedings under subsection (b)(2), except as expressly authorized under section 212(d)(5). It directs the Secretary of Homeland Security to return aliens arriving on land from contiguous territory when detention or removal obligations cannot be met, and authorizes the Secretary to prohibit introduction of specified inadmissible aliens at land or maritime borders to achieve operational control.

This section eliminates the special expedited repatriation process previously limited to unaccompanied alien children from contiguous countries. It applies uniform screening for trafficking victimization and credible fear of persecution to all unaccompanied alien children, requires transfer to HHS custody within 30 days for those who do not meet return criteria, and mandates a hearing before an immigration judge within 14 days after screening. It requires HHS to share names, Social Security numbers, dates of birth, addresses, and immigration status of all proposed sponsors and adult household members with DHS, which must initiate removal proceedings against unlawfully present sponsors within 30 days. It authorizes repatriation agreements with any foreign country rather than only contiguous nations and requires that counsel for children be provided at no expense to the government.

This section limits special immigrant juvenile status to aliens whose reunification with every parent or legal guardian is precluded by abuse, neglect, abandonment, or a similar cause under State law.

This section preserves screening of unaccompanied alien children for credible fear of return to their country of origin and for trafficking victimization. It also maintains the Department of Health and Human Services policy requiring home studies for such children under 12 years of age.

This section governs detention of accompanied alien children under sections 217, 235, 236, and 241 of the Immigration and Nationality Act, with no presumption against detention. It authorizes the Secretary of Homeland Security to hold family units at family residential centers pending removal decisions and requires detention of aliens charged solely with a misdemeanor under 8 U.S.C. 1325(a) together with their children under age 18. It preempts state licensing requirements for such facilities and applies to all actions before, on, or after the date of enactment.

This section increases civil penalties for improper entry or attempted entry to between $500 and $1,000 (from $50 and $250) per violation, with doubling for prior penalties under this subsection or new subsection (e). It extends the two-year maximum criminal penalty for repeat improper entry to aliens previously convicted under subsection (e)(2)(A). It also establishes new penalties for visa overstays, making nonimmigrants who fail to maintain status or comply with conditions for an aggregate of 10 days or more subject to criminal penalties of up to six months for a first violation (or two years for subsequent violations or prior convictions under subsection (a)) and civil penalties of $500 to $1,000 per violation (doubled for repeats).

This section limits the Secretary of Homeland Security’s authority to grant immigration parole to case-by-case determinations for urgent humanitarian reasons or significant public benefit. It narrows urgent humanitarian reasons to seven specific medical, family, or adoption-related circumstances and limits significant public benefit to aliens assisting U.S. law enforcement. It authorizes parole for military spouses and children meeting listed criteria, for certain Cuban nationals under the 1994-1995 U.S.-Cuba migration agreements, and for aliens returned to a contiguous country to attend a same-day immigration hearing. It prohibits employment for parolees except those granted parole under the military or Cuban provisions and bars use of the authority for any other purpose.

This section delays the effective date of the title to 30 days after enactment. It requires parole and advance parole applications filed before enactment to be adjudicated under prior law, with approved advance parole remaining valid under that law. It makes the new parole authority in section 212(d)(5)(J) effective immediately. It preserves the original parole terms for aliens paroled into the United States before January 1, 2023.