S685-118

Introduced

To close loopholes in the immigration laws that serve as incentives to aliens to attempt to enter the United States unlawfully, and for other purposes.

118th Congress Introduced Mar 7, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill significantly restricts asylum eligibility and increases enforcement measures at the border. It requires asylum seekers who transit through other countries to first apply for protection there before being eligible for US asylum. It expands detention authority for migrant families and children, restricts Special Immigrant Juvenile Status, raises the standard for credible fear interviews, and creates new penalties for asylum fraud.

Who Benefits and How

  • Immigration enforcement agencies (DHS, CBP, ICE): Receive expanded detention authority, clearer standards for interviews, and new tools to deny asylum claims
  • Private detention facility operators: Family detention is clarified and expanded, no presumption against child detention
  • US Treasury: Reduced asylum processing costs due to higher rejection rates and fewer successful applicants

Who Bears the Burden and How

  • Asylum seekers transiting through third countries: Must prove they applied for asylum in transit countries and were denied to be eligible for US asylum
  • Unaccompanied migrant children: No longer given special protections based on country of origin; can be returned more quickly
  • Migrant families: Children can be detained with parents throughout proceedings; release restricted to lawful parents/guardians only
  • Asylum applicants: Employment authorization delayed from 180 days to 1 year, and limited to 6 months; higher credible fear standard; fraud penalties up to 10 years imprisonment
  • Asylees returning to home country: Automatically lose asylum status unless granted a waiver

Key Provisions

  • Safe third country requirement: Must apply for asylum in transit countries first
  • Expands detention authority for families with children; no presumption against detention
  • Delays employment authorization from 180 days to 1 year, limited to 6-month authorization
  • Raises credible fear standard to require "more probable than not" that statements are true
  • Creates 10-year criminal penalty for asylum fraud

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Tightens asylum laws, expands detention authority for migrant families and unaccompanied children, establishes safe third country requirements, and increases penalties for asylum fraud

Key Policy Areas

Immigration, Border Security, Asylum Law

Primary Purpose

Tightens asylum laws, expands detention authority for migrant families and unaccompanied children, establishes safe third country requirements, and increases penalties for asylum fraud

Policy Domains

Immigration Border Security Asylum Law

Title I - Unaccompanied Children and Family Detention

Identified Gains
Contextual inference, no direct clause citation
  • Immigration enforcement agencies
  • Private detention facilities
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Unaccompanied migrant children
  • Migrant families with children
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Title II - Asylum Reforms

Identified Gains
Contextual inference, no direct clause citation
  • Immigration enforcement agencies
  • Federal prosecutors
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Asylum seekers
  • Asylees
  • Immigration attorneys
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Legislative Progress

Introduced
Introduced Committee Passed
Mar 7, 2023

Mr. Lee (for himself, Mr. Cruz, Mr. Tuberville, Mr. Daines, …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Civil Society
12 mentions across 11 clauses
+1 positive -10 negative ?1 uncertain

Asylees wishing to return home temporarily, Asylum applicants awaiting work authorization, Asylum applicants committing fraud

Positive-direction: Human trafficking victims

Negative-direction: Asylees wishing to return home temporarily, Asylum applicants awaiting work authorization, Asylum applicants committing fraud, Asylum applicants filing weak claims, Asylum applicants with inconsistent statements, Asylum seekers at ports of entry and border, Asylum seekers from non-contiguous countries, Migrant families with children, Migrant youth eligible for SIJS, Unaccompanied migrant children from non-contiguous countries

Government
12 mentions across 10 clauses
+9 positive -2 negative ?1 uncertain

CBP and DHS enforcement, CBP asylum officers, DHS and DOJ adjudicators

Positive-direction: CBP and DHS enforcement, CBP asylum officers, DHS and DOJ adjudicators, Federal prosecutors, ICE detention operations, Immigration investigators, Office of Refugee Resettlement, USCIS adjudicators, USCIS asylum adjudicators

Negative-direction: DHS immigration officers conducting interviews, USCIS

Professional Services
6 mentions across 6 clauses
+1 positive -5 negative

Employers hiring asylum seekers, Immigration attorneys advising on asylum, Immigration attorneys for minors

Positive-direction: Interpretation service providers

Negative-direction: Employers hiring asylum seekers, Immigration attorneys advising on asylum, Immigration attorneys for minors, Immigration attorneys handling SIJS cases, Immigration fraud document preparers

Correctional Facilities
1 mention across 1 clause
+1 positive

Private detention facility operators

Nonprofits
1 mention across 1 clause
-1 negative

Immigration advocacy organizations

Social Services
1 mention across 1 clause
-1 negative

Social service providers for asylum seekers

11/19
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Immigration Child Welfare
Actor Mappings
"the_secretary"
→ Secretary of Homeland Security
"the_secretary_of_state"
→ Secretary of State
Domains
Asylum Law Immigration Enforcement
Actor Mappings
"the_secretary"
→ Secretary of Homeland Security
"the_attorney_general"
→ Attorney General

Key Definitions

Terms defined in this bill

2 terms
"unaccompanied alien child" §101

As amended, applies to all children regardless of country of origin (previously applied only to contiguous countries)

"safe third country" §202

Any country through which an alien transited en route to the United States where the alien could have applied for asylum

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