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S. 884: Stopping Border Surges Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Mar 22, 2021.

Stopping Border Surges 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 shall be deemed to have renounced asylum status by returning to that country, if there has been no change in the country's conditions.

The bill also (1) expands the definition of what constitutes a frivolous asylum application, (2) imposes additional limitations on eligibility for asylum, (3) shortens the deadline for applying for asylum, and (4) extends the time period an alien seeking asylum must wait before receiving 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.