To deny asylum to members of a Communist or other totalitarian party, and for other purposes.
Sponsors
Legislative Progress
IntroducedMr. Rubio (for himself, Mr. Marshall, Mr. Scott of Florida, …
Summary
What This Bill Does
This bill bars members or affiliates of Communist or other totalitarian political parties from receiving asylum in the United States. It aims to address national security concerns by restricting who can seek protection in the U.S. based on their political affiliations abroad.
Who Benefits and How
U.S. national security interests benefit by creating a new barrier that screens out individuals with ties to Communist or totalitarian parties from gaining asylum status. Immigration enforcement agencies (DHS and DOJ) gain expanded authority to deny asylum claims based on political party membership. Intelligence agencies also benefit through a new consultation role in waiver decisions, allowing the Director of National Intelligence to weigh in on whether an applicant poses a security threat.
Who Bears the Burden and How
Asylum seekers who have any current or past membership in Communist or totalitarian parties face a significant new barrier to receiving asylum in the U.S. This particularly affects people fleeing countries like China, North Korea, Cuba, or Vietnam, where party membership is often required for employment, education, or basic necessities. Even those who were members only as minors or joined involuntarily must now publicly renounce their membership through a government-approved service and prove their membership was not by choice.
Key Provisions
- Creates a blanket bar on asylum for anyone who is or was a member of a Communist or totalitarian party
- Establishes an exception for applicants who publicly renounce their party membership AND can prove their membership was involuntary, occurred before age 16, was automatic by operation of law, or was required for employment or basic necessities
- Requires the Attorney General or Secretary of Homeland Security, in consultation with the Director of National Intelligence, to determine the applicant poses no security threat before granting asylum
- Creates a waiver for applicants who possess "significant information relating to national security" even if they do not qualify for the standard exception
- Mandates that any waiver recipient must also publicly denounce their former party and be cleared as not a security danger
Evidence Chain:
This summary is derived from the structured analysis below. See "Detailed Analysis" for per-title beneficiaries/burden bearers with clause-level evidence links.
Primary Purpose
To amend the Immigration and Nationality Act to deny asylum to members of Communist or other totalitarian parties unless certain conditions are met.
Policy Domains
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "the_attorney_general_or_the_secretary_of_homeland_security"
- → Attorney General or Secretary of Homeland Security
Key Definitions
Terms defined in this bill
A political organization characterized by a centralized authority and strict control over its members, often associated with oppressive regimes.
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology