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H.R. 876 · 118th Congress

Border Crisis Prevention Act of 2023

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Never voted on. It didn't reach a floor vote before the 118th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

DLR LeskoSponsor
5 cosponsors · 5 R

4 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.

This bill imposes additional requirements on asylum seekers, increases certain time limits related to detained non-U.S. nationals ( aliens under federal law), and addresses other immigration-related issues.

What it does: CRS summary · Introduced in House · Feb 8, 2023

Border Crisis Prevention Act of 2023

This bill imposes additional requirements on asylum seekers, increases certain time limits related to detained non-U.S. nationals (aliens under federal law), and addresses other immigration-related issues.

The Department of Homeland Security (DHS) must detain certain aliens, such as an individual convicted of an aggravated felony or believed to be a trafficker of controlled substances, beyond certain time limits for immigration-related detention.

The bill also provides for additional instances when DHS may extend the 90-day removal period (generally the window in which DHS has to remove an alien after a final order of removal). An alien choosing to appeal mandatory detention or detention as part of a removal period extension may do so only by filing for a writ of habeas corpus.

DHS must establish a process to determine whether an alien not subject to mandatory detention and who has tried to comply with a removal order should be detained or released with conditions.

Furthermore, under this bill, an asylum applicant's credible fear of persecution must be more probable than not in order to be eligible for asylum.

DHS may also deny asylum to an applicant and remove the applicant to a country that is not the applicant's country of nationality, if the applicant would be safe and able to apply for asylum from that country. (Currently, an asylum applicant may be removed to a third country only if that country is party to an agreement allowing for such removal.)

The Department of Justice may appoint 100 additional immigration judges.

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

About this bill and sources

Official title: Border Crisis Prevention Act of 2023

Latest action (Feb 8, 2023): Referred to the House Committee on the Judiciary.

Policy area: Immigration · Origin: House · Introduced: Feb 8, 2023

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.