United States 117th Congress Status: In Committee 5 R cosponsors

S 4637 — Asylum Integrity Act

Last action — Read twice and referred to the Committee on the Judiciary.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Asylum Integrity Act This bill establishes under statute a framework for determining whether an asylum seeker has filed a frivolous application. Under this bill, an asylum application shall be considered frivolous if the application was knowingly filed and (1) includes a fabricated material element, (2) is premised on false or fabricated evidence, (3) was filed without regard to the merits of the claims, or (4) is clearly foreclosed by law. (Currently, regulations provide for a similar, but not identical, framework for asylum applications filed on or after January 11, 2021.)

Bill Text

How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill clarifies the definition of 'frivolous application' regarding asylum claims and outlines the consequences of such findings.

  • 8 U.S.C. 1158(d)(4)

    the Secretary of Homeland Security or

    The Secretary of Homeland Security is included as a decision-maker alongside the Attorney General.

  • 8 U.S.C. 1158(d)(6)

    If the Attorney General determines that an alien has knowingly → (A) In general.--If the Secretary of Homeland Security or the Attorney General determines that an alien has

    The decision to determine frivolous applications now includes the Secretary of Homeland Security as part of the standard.

  • 8 U.S.C. 1158(d)(6)

    (B) Determination.-- (i) In general.--For purposes of this paragraph, a frivolous application is an application for asylum that the Secretary of Homeland Security or the Attorney General determines-- (II)(aa) includes a fabricated material element; (bb) is premised on false or fabricated evidence; (cc) was filed without regard to the merits of the claim; or (dd) is clearly foreclosed by applicable law.

    Defines what constitutes a frivolous application for asylum.

  • 8 U.S.C. 1158(d)(6)(B)(ii)

    For purposes of this section, a finding that an alien has filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3) of protection pursuant to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984.

    Establishes that finding an application frivolous does not prevent seeking other forms of protection against removal.

  • 8 U.S.C. 1158(d)(6)(B)(iii)

    In adjudicating an affirmative asylum application, if an asylum officer determines that the application is described in subclauses (I) and (II) of clause (i), the asylum officer may-- (I) make a finding that the application is a frivolous application; (II)(aa) in the case of an applicant who is not in lawful status, refer the application to an immigration judge; or (bb) in the case of an applicant who is in lawful status, deny the application.

    Gives asylum officers the authority to designate an application as frivolous and outlines subsequent actions based on the applicant's status.

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on the Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 542 not signed on

Sponsors (1)

Co-sponsors (4)

Not signed on (542)

542 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

immigration
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Frequently asked questions

What does S 4637 do?
Asylum Integrity Act This bill establishes under statute a framework for determining whether an asylum seeker has filed a frivolous application. Under this bill, an asylum application shall be considered frivolous if the application was knowingly filed and (1) includes a fabricated material element, (2) is premised on false or fabricated evidence, (3) was filed without regard to the merits of the claims, or (4) is clearly foreclosed by law. (Currently, regulations provide for a similar, but not identical, framework for asylum applications filed on or after January 11, 2021.)
Who sponsors S 4637?
S 4637 is sponsored by Tillis, Thomas (Republican), Cramer, Kevin (Republican), Hagerty, Bill (Republican), Rounds, Mike (Republican), and Braun, Mike (Republican).
What is the current status of S 4637?
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 4637?
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