S. 5371 — Stopping Border Surges Act

This section expands special repatriation rules for unaccompanied alien children to nationals of any country rather than only contiguous countries. It requires immigration officers to return children who meet specified criteria to their country of nationality or last habitual residence. It authorizes repatriation agreements with any foreign country the Secretary of Homeland Security determines appropriate. It requires officers interviewing such children to have specialized training in child trafficking victims. It directs the Department of Health and Human Services to share sponsor placement information with the Department of Homeland Security and requires investigation of the sponsor’s immigration status. The amendments apply to any unaccompanied alien child apprehended on or after the date of enactment.

This section governs the detention of accompanied alien children under Immigration and Nationality Act sections 217, 235, 236, and 241, with no presumption against detention and all decisions at the discretion of the Secretary of Homeland Security. It permits release of such children only to a parent or legal guardian lawfully present in the United States. It requires the Secretary to detain parents charged solely with a misdemeanor under 8 U.S.C. 1325(a) together with their children under 18. It preempts state licensing requirements for facilities detaining such children or families. The changes apply to all actions before, on, or after the date of enactment.

This section limits special immigrant juvenile status to aliens whose reunification with any parent or legal guardian is precluded by abuse, neglect, abandonment, or similar cause under State law (from those whose reunification with one or both parents is not viable due to such causes).

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 further conditions the granting of asylum on an alien being eligible to apply under the revised criteria in subsection (a).

This section expands the safe third country exception to asylum eligibility. It bars applications from aliens who entered, attempted to enter, or arrived in the United States after transiting through at least one country outside their country of citizenship, nationality, or last habitual residence, unless the alien applied for and was denied protection in each such country, was a victim of severe trafficking, or the transit countries were not parties to the 1951 Refugee Convention, 1967 Protocol, or Convention against Torture. It authorizes the Secretary of Homeland Security, in addition to the Attorney General, to make these determinations on a case-by-case basis.

This section expands the factors considered in asylum credibility determinations under section 208(b)(1)(B)(iii) and in applications for relief from removal under section 240(c)(4)(C) to include statements made to, and investigative reports prepared by, immigration authorities and other government officials.

This section bars asylum eligibility if there are reasonable grounds for concluding that the alien could avoid persecution by relocating to another part of the alien’s country of nationality or, if stateless, another part of the alien’s country of last habitual residence.

This section terminates asylum status for any alien who returns to the country of nationality or last habitual residence, absent changed country conditions, if the alien was granted asylum based on persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. It authorizes the Secretary of Homeland Security to waive termination upon a showing of compelling reasons for the return.

This section delays employment authorization for asylum applicants until 1 year after filing the application (from 180 days) and limits any such authorization to 6 months after it is granted.

This section requires a written warning on asylum applications advising applicants of the consequences of filing a frivolous claim. It expands the definition of frivolous applications to include those filed solely or partly to delay removal, obtain employment authorization, or pursue cancellation of removal, or with knowingly fabricated material elements, after an opportunity to clarify discrepancies. It makes such applicants permanently ineligible for benefits under the chapter while preserving eligibility for withholding of removal and Convention Against Torture protections, with determinations made by the Secretary of Homeland Security or the Attorney General.

This section revises the credible fear standard used in expedited removal proceedings under section 235(b)(1)(B). It requires a determination, based on section 208(b)(1)(B)(iii) credibility factors and other known facts, that the alien could establish asylum eligibility and that it is more probable than not the statements made in support of the claim are true.

This section directs the Secretary of Homeland Security to establish quality assurance procedures requiring uniform questions and recordings for expedited removal and credible fear interviews under section 235(b) of the Immigration and Nationality Act. It mandates checklists for immigration officers, concise decision justifications, recordings accompanying sworn statements where practicable, competent interpreters unaffiliated with the alien’s country, and inclusion of all interview recordings in the proceeding record, while creating no private right of action.

This section establishes criminal penalties for knowingly and willfully making materially false statements or using false documents in any matter before the Secretary of Homeland Security or the Attorney General pertaining to asylum under 8 U.S.C. 1158 or withholding of removal under 8 U.S.C. 1231(b)(3). Violators are subject to fines, imprisonment for up to 10 years, or both.

This section applies the ten-year statute of limitations for certain immigration and naturalization offenses to violations of section 1546 of title 18, United States Code. It also permits prosecution within ten years after the fraud is discovered.

This section authorizes the Secretary of Homeland Security, in addition to or instead of the Attorney General, to exercise specified authorities over asylum applications, including adjudication, work authorization, and related procedures under section 208 of the Immigration and Nationality Act.