Stopping Border Surges Act

Today's wording of each part of the law, with what would be struck out and added. Each change also gives the bill's own instruction, word for word.

1. 8 U.S.C. 1232(a)(2)rewrittenby H.R. 116 Sec. 101(a)

   The bill says: by amending the heading to read as follows: "Rules for unaccompanied alien children.—";

   Bill text · Current law (8 U.S.C. 1232)

2. 8 U.S.C. 1232(a)(2)(A)changedby H.R. 116 Sec. 101(a)

   The bill says: in the matter preceding clause (i), by striking "who is a national or habitual resident of a country that is contiguous with the United States";

   Bill text · Current law (8 U.S.C. 1232)

3. 8 U.S.C. 1232(a)(2)(A)(i)changedby H.R. 116 Sec. 101(a)

   The bill says: in clause (i), by inserting "and" at the end;

   Bill text · Current law (8 U.S.C. 1232)

4. 8 U.S.C. 1232(a)(2)(A)(ii)changedby H.R. 116 Sec. 101(a)

   The bill says: in clause (ii), by striking "; and" and inserting a period; and

   Bill text · Current law (8 U.S.C. 1232)

5. 8 U.S.C. 1232(a)(2)(A)removedby H.R. 116 Sec. 101(a)

   The bill says: by striking clause (iii);

   Bill text · Current law (8 U.S.C. 1232)

6. 8 U.S.C. 1232(a)(2)(B)changedby H.R. 116 Sec. 101(a)

   The bill says: in the matter preceding clause (i), by striking "(8 U.S.C. 1101 et seq.) may—" and inserting "(8 U.S.C. 1101 et seq.)—";

   Bill text · Current law (8 U.S.C. 1232)

7. 8 U.S.C. 1232(a)(2)(B)(i)addedby H.R. 116 Sec. 101(a)

   The bill says: in clause (i), by inserting before "permit such child to withdraw" the following: "may"; and

   Bill text · Current law (8 U.S.C. 1232)

8. 8 U.S.C. 1232(a)(2)(B)(ii)addedby H.R. 116 Sec. 101(a)

   The bill says: in clause (ii), by inserting before "return such child" the following: "shall"; and

   Bill text · Current law (8 U.S.C. 1232)

9. 8 U.S.C. 1232(a)(2)(C)rewrittenby H.R. 116 Sec. 101(a)

   The bill says: by amending the heading to read as follows: "Agreements with foreign countries.—"; and

   Bill text · Current law (8 U.S.C. 1232)

10. 8 U.S.C. 1232(a)(2)(C)changedby H.R. 116 Sec. 101(a)

    The bill says: in the matter preceding clause (i), by striking "The Secretary of State shall negotiate agreements between the United States and countries contiguous to the United States" and inserting "The Secretary of State may negotiate agreements between the United States and any foreign country that the Secretary determines appropriate";

    Bill text · Current law (8 U.S.C. 1232)

11. 8 U.S.C. 1232(a)renumberedby H.R. 116 Sec. 101(a)

    The bill says: by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively, and inserting after paragraph (2) the following:

    Bill text · Current law (8 U.S.C. 1232)

12. 8 U.S.C. 1232(a)(6)(D)changedby H.R. 116 Sec. 101(a)

    The bill says: in the matter preceding clause (i), by striking ", except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2), " and inserting "who does not meet the criteria listed in paragraph (2)(A)"; and

    Bill text · Current law (8 U.S.C. 1232)

13. 8 U.S.C. 1232(a)(6)(D)(i)addedby H.R. 116 Sec. 101(a)

    The bill says: in clause (i), by inserting before the semicolon at the end the following: ", which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph (4)";

    Bill text · Current law (8 U.S.C. 1232)

14. 8 U.S.C. 1232(b)(2)(A)addedby H.R. 116 Sec. 101(a)

    The bill says: in subparagraph (A), by inserting before the semicolon the following: "believed not to meet the criteria listed in subsection (a)(2)(A)"; and

    Bill text · Current law (8 U.S.C. 1232)

15. 8 U.S.C. 1232(b)(2)(B)addedby H.R. 116 Sec. 101(a)

    The bill says: in subparagraph (B), by inserting before the period the following: "and does not meet the criteria listed in subsection (a)(2)(A)"; and

    Bill text · Current law (8 U.S.C. 1232)

16. 8 U.S.C. 1232(b)(3)changedby H.R. 116 Sec. 101(a)

    (3) Transfers of unaccompanied alien children. Except in the case of exceptional circumstances, any department or agency of the Federal Government that has an unaccompanied alien child in custody shall transfer the custody of such child to the Secretary of Health and Human Services not later than 72 hours after determining that such child is an unaccompanied alien child.

    The bill says: in paragraph (3), by striking "an unaccompanied alien child in custody shall" and all that follows, and inserting the following:

    Bill text · Current law (8 U.S.C. 1232)

17. 8 U.S.C. 1232(c)(3)added (D)by H.R. 116 Sec. 101(a)

    (D) Information about individuals with whom children are placed.—(i) Information to be provided to Homeland Security.— Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed, the following information:(I) The name of the individual.(II) The social security number of the individual, if available.(III) The date of birth of the individual.(IV) The location of the individual’s residence where the child will be placed.(V) The immigration status of the individual, if known.(VI) Contact information for the individual.(ii) Special rule.— In the case of a child who was apprehended on or after the effective date of this clause, and before the date of the enactment of this subparagraph, who the Secretary of Health and Human Services placed with an individual, the Secretary shall provide the information listed in clause (i) to the Secretary of Homeland Security not later than 90 days after such date of enactment.

    The bill says: in paragraph (3), by inserting at the end the following:

    Bill text · Current law (8 U.S.C. 1232)

18. 8 U.S.C. 1232(c)(5)addedby H.R. 116 Sec. 101(a)

    The bill says: by inserting after "to the greatest extent practicable" the following: "(at no expense to the Government)"; and

    Bill text · Current law (8 U.S.C. 1232)

19. 8 U.S.C. 1232(c)(5)changedby H.R. 116 Sec. 101(a)

    …of the Immigration and Nationality Act (8 U.S.C. 1362), that all unaccompanied alien children who are or have been in the custody of the Secretary or the Secretary of Homeland Security, and who are not described in subsection (a)(2)(A), have counsel to represent themhave access to counsel to represent them in legal proceedings or matters and protect them from mistreatment, exploitation, and trafficking. To the greatest extent practicable, the Secretary of Health and Human Services shall make every effort to utilize the services of pro bono…

    The bill says: by striking "have counsel to represent them" and inserting "have access to counsel to represent them".

    Bill text · Current law (8 U.S.C. 1232)

20. 8 U.S.C. 1232added (j)by H.R. 116 Sec. 102(a)

    (j) Construction.—(1) In general.— Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the detention of any alien child who is not an unaccompanied alien child shall be governed by sections 217, 235, 236, and 241 of the Immigration and Nationality Act (8 U.S.C. 1187, 1225, 1226, and 1231). There is no presumption that an alien child who is not an unaccompanied alien child should not be detained, and all such determinations shall be in the discretion of the Secretary of Homeland Security.(2) Release of minors other than unaccompanied aliens.— In no circumstances shall an alien minor who is not an unaccompanied alien child be released by the Secretary of Homeland Security other than to a parent or legal guardian, who is lawfully present in the United States.(3) Family detention.— The Secretary of Homeland Security shall—(A) maintain the care and custody of an alien, during the period during which the charges described in clause (i) are pending, who—(i) is charged only with a misdemeanor offense under section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)); and(ii) entered the United States with the alien’s child who has not attained 18 years of age; and(B) detain the alien with the alien’s child.

    The bill says: Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended by adding at the end the following:

    Bill text · Current law (8 U.S.C. 1232)

21. 8 U.S.C. 1101(a)(27)(J)(i)changedby H.R. 116 Sec. 103(1)

    (i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States, and whose reunification with 1 or both of the immigrant's parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law;

    The bill says: in clause (i), by striking ", and whose reunification with 1 or both of the immigrant's parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law"; and

    Bill text · Current law (8 U.S.C. 1101)

22. 8 U.S.C. 1101(a)(27)(J)(iii)changedby H.R. 116 Sec. 103(2)

    (iii) in whose case the Secretary of Homeland Security consents to the grant of special immigrant juvenile status, except that— (I) no juvenile court has jurisdiction to determine the custody status or placement of an alien in the custody of the Secretary of Health and Human Services unless the Secretary of Health and Human Services specifically consents to such jurisdiction; and (II) no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter;

    The bill says: by striking "and" at the end of subclause (I);

    Bill text · Current law (8 U.S.C. 1101)

23. 8 U.S.C. 1101(a)(27)(J)(iii)changedby H.R. 116 Sec. 103(2)

    The bill says: by inserting "and" at the end of subclause (II); and

    Bill text · Current law (8 U.S.C. 1101)

24. 8 U.S.C. 1101(a)(27)(J)(iii)added (III)by H.R. 116 Sec. 103(2)

    (III) an alien may not be granted special immigrant juvenile status under this subparagraph if his or her reunification with any one parent or legal guardian is not precluded by abuse, neglect, abandonment, or any similar cause under State law;

    The bill says: by adding at the end the following:

    Bill text · Current law (8 U.S.C. 1101)

25. 8 U.S.C. 1225(b)(1)(B)(v)changedby H.R. 116 Sec. 201

    The bill says: Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking "claim" and all that follows, and inserting "claim, as determined pursuant to section 208(b)(1)(B)(iii), and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208, and it is more probable than not that the statements made by, and on behalf of, the alien in support of the alien’s claim are true.".

    Bill text · Current law (8 U.S.C. 1225)

26. 8 U.S.C. 1158(b)(3)removedby H.R. 116 Sec. 202

    The bill says: Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by striking subparagraph (C).

    Bill text · Current law (8 U.S.C. 1158)

27. 8 U.S.C. 1158(a)(2)(A)changedby H.R. 116 Sec. 204(1)

    The bill says: by striking "if the Attorney General determines" and inserting "if the Attorney General or the Secretary of Homeland Security determines—";

    Bill text · Current law (8 U.S.C. 1158)

28. 8 U.S.C. 1158(a)(2)(A)changedby H.R. 116 Sec. 204(2)

    The bill says: by striking "that the alien may be" and inserting:

    Bill text · Current law (8 U.S.C. 1158)

29. 8 U.S.C. 1158(a)(2)(A)changedby H.R. 116 Sec. 204(3)

    The bill says: by striking "removed, pursuant to a bilateral or multilateral agreement, to" and inserting "removed to";

    Bill text · Current law (8 U.S.C. 1158)

30. 8 U.S.C. 1158(a)(2)(A)changedby H.R. 116 Sec. 204(4)

    The bill says: by inserting ", on a case by case basis," before "finds that";

    Bill text · Current law (8 U.S.C. 1158)

31. 8 U.S.C. 1158(a)(2)(A)changedby H.R. 116 Sec. 204(5)

    The bill says: by striking the period at the end and inserting "; or"; and

    Bill text · Current law (8 U.S.C. 1158)

32. 8 U.S.C. 1158(a)(2)(A)added (ii)by H.R. 116 Sec. 204(6)

    (ii) that the alien entered, attempted to enter, or arrived in the United States after transiting through at least one country outside the alien’s country of citizenship, nationality, or last lawful habitual residence en route to the United States, unless—(I) the alien demonstrates that he or she applied for protection from persecution or torture in at least one country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States, and the alien received a final judgement denying the alien protection in each country;(II) the alien demonstrates that he or she was a victim of a severe form of trafficking in which a commercial sex act was induced by force, fraud, or coercion, or in which the person induced to perform such act was under the age of 18 years; or in which the trafficking included the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery, and was unable to apply for protection from persecution in all countries that alien transited en route to the United States as a result of such severe form of trafficking; or(III) the only countries through which the alien transited en route to the United States were, at the time of the transit, not parties to the 1951 United Nations Convention relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, or the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

    The bill says: by adding at the end the following:

    Bill text · Current law (8 U.S.C. 1158)

33. 8 U.S.C. 1158(c)added (4)by H.R. 116 Sec. 205(a)

    (4) Renunciation of status pursuant to return to home country.—(A) In general.— Except as provided in subparagraph (B), any alien who is granted asylum status under this Act, who, absent changed country conditions, subsequently returns to the country of such alien’s nationality or, in the case of an alien having no nationality, returns to any country in which such alien last habitually resided, and who applied for such status because of persecution or a well-founded fear of persecution in that country on account of race, religion, nationality, membership in a particular social group, or political opinion, shall have his or her status terminated.(B) Waiver.— The Secretary has discretion to waive subparagraph (A) if it is established to the satisfaction of the Secretary that the alien had a compelling reason for the return. The waiver may be sought prior to departure from the United States or upon return.

    The bill says: Section 208(c) of the Immigration and Nationality Act (8 U.S.C. 1158(c)) is amended by adding at the end the following new paragraph:

    Bill text · Current law (8 U.S.C. 1158)

34. 8 U.S.C. 1158(c)(3)addedby H.R. 116 Sec. 205(b)

    The bill says: Section 208(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after "paragraph (2)" the following: "or (4)".

    Bill text · Current law (8 U.S.C. 1158)

35. 8 U.S.C. 1158(d)(4)changedby H.R. 116 Sec. 206(a)

    (4) Notice of privilege of counsel and consequences of frivolous application. At the time of filing an application for asylum, the Secretary of Homeland Security or the Attorney General shall— (A) advise the alien of the privilege of being represented by counsel and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and (B) provide the alien a list of persons (updated not less often than quarterly) who have indicated their availability to represent aliens in asylum proceedings on a pro bono basis.

    The bill says: in the matter preceding subparagraph (A), by inserting "the Secretary of Homeland Security or" before "the Attorney General";

    Bill text · Current law (8 U.S.C. 1158)

36. 8 U.S.C. 1158(d)(4)(A)changedby H.R. 116 Sec. 206(a)

    (A) advise the alien of the privilege of being represented by counsel and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and

    The bill says: in subparagraph (A), by striking "and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and" and inserting a semicolon;

    Bill text · Current law (8 U.S.C. 1158)

37. 8 U.S.C. 1158(d)(4)(B)changedby H.R. 116 Sec. 206(a)

    The bill says: in subparagraph (B), by striking the period and inserting "; and"; and

    Bill text · Current law (8 U.S.C. 1158)

38. 8 U.S.C. 1158(d)(4)added (C)by H.R. 116 Sec. 206(a)

    (C) ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application and serving as notice to the alien of the consequence of filing a frivolous application.

    The bill says: by adding at the end the following:

    Bill text · Current law (8 U.S.C. 1158)

39. 8 U.S.C. 1158(d)(6)changedby H.R. 116 Sec. 206(b)

    (6) Frivolous applications. If the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(A), the alien shall be permanently ineligible for any benefits under this chapter, effective as of the date of a final determination on such application.

    The bill says: Section 208(d)(6) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking "If the" and all that follows and inserting:

    Bill text · Current law (8 U.S.C. 1158)

40. 8 U.S.C. 1158(b)(1)(B)(iii)addedby H.R. 116 Sec. 207(a)

    The bill says: Section 208(b)(1)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting after "all relevant factors" the following: ", including statements made to, and investigative reports prepared by, immigration authorities and other government officials".

    Bill text · Current law (8 U.S.C. 1158)

41. 8 U.S.C. 1229a(c)(4)(C)addedby H.R. 116 Sec. 207(b)

    The bill says: Section 240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended by inserting after "all relevant factors" the following: ", including statements made to, and investigative reports prepared by, immigration authorities and other government officials".

    Bill text · Current law (8 U.S.C. 1229a)

42. 8 U.S.C. 1158(b)(1)(A)addedby H.R. 116 Sec. 208(a)

    The bill says: Section 208(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(A)) is amended by inserting after "section 101(a)(42)(A)" the following: "and is eligible to apply for asylum under subsection (a)".

    Bill text · Current law (8 U.S.C. 1158)

43. 8 U.S.C. 1158(a)(1)changedby H.R. 116 Sec. 208(b)

    (1) In general. Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien's status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.

    The bill says: by striking "or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters),"; and

    Bill text · Current law (8 U.S.C. 1158)

44. 8 U.S.C. 1158(a)(1)addedby H.R. 116 Sec. 208(b)

    The bill says: by inserting after "United States" the following: "and has arrived in the United States at a port of entry,".

    Bill text · Current law (8 U.S.C. 1158)

45. 8 U.S.C. 1158(a)(2)(B)changedby H.R. 116 Sec. 209

    The bill says: Section 208(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)(B)) is amended by striking "1 year" and inserting "6 months".

    Bill text · Current law (8 U.S.C. 1158)

46. 8 U.S.C. 1158(b)(1)(B)(i)changedby H.R. 116 Sec. 210

    The bill says: Section 208(b)(1)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(i)) is amended by striking "at least one" and inserting "the".

    Bill text · Current law (8 U.S.C. 1158)

47. 8 U.S.C. 1158(b)(2)(A)(v)changedby H.R. 116 Sec. 211(1)

    The bill says: in clause (v), by striking "or" at the end;

    Bill text · Current law (8 U.S.C. 1158)

48. 8 U.S.C. 1158(b)(2)(A)(vi)changedby H.R. 116 Sec. 211(2)

    The bill says: in clause (vi), by striking the period and inserting "; or"; and

    Bill text · Current law (8 U.S.C. 1158)

49. 8 U.S.C. 1158(b)(2)(A)added (vii)by H.R. 116 Sec. 211(3)

    (vii) there are reasonable grounds for concluding 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.

    The bill says: by adding at the end the following:

    Bill text · Current law (8 U.S.C. 1158)

50. 8 U.S.C. 1158(d)(2)changedby H.R. 116 Sec. 212(1)

    (2) Employment. An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Attorney General. An applicant who is not otherwise eligible for employment authorization shall not be granted such authorization prior to 180 days1 year after the date of filing of the application for asylum.

    The bill says: by striking "180 days"” and inserting "1 year"; and

    Bill text · Current law (8 U.S.C. 1158)

51. 8 U.S.C. 1158(d)(2)changedby H.R. 116 Sec. 212(2)

    The bill says: by inserting "and the authorization shall expire 6 months after the date of issuance" before the period at the end.

    Bill text · Current law (8 U.S.C. 1158)

52. 18 U.S.C. 1001changedby H.R. 116 Sec. 213

    (d) Whoever, in any matter before the Secretary of Homeland Security or the Attorney General pertaining to asylum under section 208 of the Immigration and Nationality Act or withholding of removal under section 241(b)(3) of such Act, knowingly and willfully—shall be fined under this title or imprisoned not more than 10 years, or both.(1) makes any materially false, fictitious, or fraudulent statement or representation; or(2) makes or uses any false writings or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry,

    The bill says: Section 1001 of title 18, United States Code, is amended by inserting at the end of the paragraph—

    Bill text · Current law (18 U.S.C. 1001)

53. 18 U.S.C. 3291changedby H.R. 116 Sec. 214(1)

    No person shall be prosecuted, tried, or punished for violation of any provision of sections 1423 to 1428, inclusive, of chapter 69 and sections 1541 to 1544,1544, and section 1546, inclusive, of chapter 75 of title 18 of the United States Code, or for conspiracy to violate any of such sections, unless the indictment is found or the information is instituted within ten years after the commission of the offense.

    The bill says: by striking "1544," and inserting "1544, and section 1546,"; and

    Bill text · Current law (18 U.S.C. 3291)

54. 18 U.S.C. 3291changedby H.R. 116 Sec. 214(2)

    No person shall be prosecuted, tried, or punished for violation of any provision of sections 1423 to 1428, inclusive, of chapter 69 and sections 1541 to 1544, inclusive, of chapter 75 of title 18 of the United States Code, or for conspiracy to violate any of such sections, unless the indictment is found or the information is instituted within ten years after the commission of the offense.offense or within 10 years after the fraud is discovered.

    The bill says: by striking "offense." and inserting "offense or within 10 years after the fraud is discovered.".

    Bill text · Current law (18 U.S.C. 3291)

55. 8 U.S.C. 1158(a)(2)(D)changedby H.R. 116 Sec. 215(1)

    The bill says: in paragraph (2)(D), by inserting "Secretary of Homeland Security or the" before "Attorney General"; and

    Bill text · Current law (8 U.S.C. 1158)

56. 8 U.S.C. 1158(a)(3)changedby H.R. 116 Sec. 215(1)

    (3) Limitation on judicial review. No court shall have jurisdiction to review any determination of the Secretary of Homeland Security or the Attorney General under paragraph (2).

    The bill says: in paragraph (3), by inserting "Secretary of Homeland Security or the" before "Attorney General";

    Bill text · Current law (8 U.S.C. 1158)

57. 8 U.S.C. 1158(b)(2)changedby H.R. 116 Sec. 215(2)

    (2) Exceptions. Paragraph (1) shall not apply to an alien if the Secretary of Homeland Security or the Attorney General determines that— (i) the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political…

    The bill says: in subsection (b)(2), by inserting "Secretary of Homeland Security or the" before "Attorney General" each place such term appears;

    Bill text · Current law (8 U.S.C. 1158)

58. 8 U.S.C. 1158(c)(1)changedby H.R. 116 Sec. 215(3)

    (1) In general. In the case of an alien granted asylum under subsection (b), the Attorney GeneralSecretary of Homeland Security— (A) shall not remove or return the alien to the alien's country of nationality or, in the case of a person having no nationality, the country of the alien's last habitual residence; (B) shall authorize the alien to engage in employment in the United States and provide the alien with appropriate endorsement of that authorization; and (C) may allow the alien to travel abroad with the prior consent of the Attorney GeneralSecretary of Homeland Security.

    The bill says: in paragraph (1), by striking "Attorney General" each place such term appears and inserting "Secretary of Homeland Security";

    Bill text · Current law (8 U.S.C. 1158)

59. 8 U.S.C. 1158(c)(2)changedby H.R. 116 Sec. 215(3)

    (2) Termination of asylum. Asylum granted under subsection (b) does not convey a right to remain permanently in the United States, and may be terminated if the Secretary of Homeland Security or the Attorney General determines that— (A) the alien no longer meets the conditions described in subsection (b)(1) owing to a fundamental change in circumstances; (B) the alien meets a condition described in subsection (b)(2); (C) the alien may…

    The bill says: in paragraph (2), in the matter preceding subparagraph (A), by inserting "Secretary of Homeland Security or the" before "Attorney General"; and

    Bill text · Current law (8 U.S.C. 1158)

60. 8 U.S.C. 1158(c)(3)changedby H.R. 116 Sec. 215(3)

    (3) Removal when asylum is terminated. An alien described in paragraph (2) is subject to any applicable grounds of inadmissibility or deportability under section 1 1182(a) and 1227(a) of this title, and the alien's removal or return shall be directed by the Secretary of Homeland Security or the Attorney General in accordance with sections 1229a and 1231 of this title.

    The bill says: in paragraph (3), by inserting "Secretary of Homeland Security or the" before "Attorney General"; and

    Bill text · Current law (8 U.S.C. 1158)

61. 8 U.S.C. 1158(d)(1)changedby H.R. 116 Sec. 215(4)

    (1) Applications. The Secretary of Homeland Security or the Attorney General shall establish a procedure for the consideration of asylum applications filed under subsection (a). The Attorney General may require applicants to submit fingerprints and a photograph at such time and in such manner to be determined by regulation by the Attorney General.

    The bill says: in paragraph (1), by inserting "Secretary of Homeland Security or the" before "Attorney General" each place such term appears;

    Bill text · Current law (8 U.S.C. 1158)

62. 8 U.S.C. 1158(d)(2)changedby H.R. 116 Sec. 215(4)

    (2) Employment. An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Attorney GeneralSecretary of Homeland Security. An applicant who is not otherwise eligible for employment authorization shall not be granted such authorization prior to 180 days after the date of filing of the application for asylum.

    The bill says: in paragraph (2), by striking "Attorney General" and inserting "Secretary of Homeland Security"; and

    Bill text · Current law (8 U.S.C. 1158)

63. 8 U.S.C. 1158(d)(5)(A)changedby H.R. 116 Sec. 215(4)

    The bill says: in subparagraph (A), by striking "Attorney General" and inserting "Secretary of Homeland Security"; and

    Bill text · Current law (8 U.S.C. 1158)

64. 8 U.S.C. 1158(d)(5)(B)changedby H.R. 116 Sec. 215(4)

    The bill says: in subparagraph (B), by inserting "Secretary of Homeland Security or the" before "Attorney General".

    Bill text · Current law (8 U.S.C. 1158)

From the bill's official text on GovInfo and the U.S. Code, 2024 edition, which may not yet show changes made since.