Fix the Immigration Loopholes Act

Fix the Immigration Loopholes Act

This bill modifies immigration law provisions relating to unaccompanied alien minors and to asylum seekers.

For certain unaccompanied inadmissible alien children, generally those not at risk of being trafficking victims nor having a fear of persecution, the Department of Homeland Security (DHS) shall repatriate the child. Currently, only inadmissible unaccompanied aliens from neighboring countries are subject to repatriation, and DHS has discretion whether to repatriate.

When HHS releases an unaccompanied child to an individual, it shall provide DHS with certain information about that individual, including Social Security number and immigration status.

The bill amends the definition of "credible fear of persecution" to require that such fear can be established by statements that are more probable than not. The bill also imposes certain rules relating to credible fear interviews, including requirements for recordings and interpreters.

If an alien is granted asylum because of fear of persecution in a country, the alien is deemed to have renounced asylum status by returning to that country, if there has been no change in the country's conditions. DHS may waive such renunciation if there was a compelling reason for the return.

The bill expands the definition of a frivolous asylum application to include an application so insufficient in substance that it is clear that it was filed to delay removal or seek employment authorization.

Any individual who knowingly and willfully makes materially false statements or uses fraudulent documents in asylum-related proceedings shall be fined or imprisoned up to 10 years, or both.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov