HR 57 — Ending Catch and Release Act of 2025

Summary

Ending Catch and Release Act of 2025This bill changes the treatment of certain non-U.S. nationals (aliens under federal law) without lawful immigration status, including by prohibiting the release of asylum seekers into the United States while their cases are pending.The Department of Homeland Security (DHS) may not (with some exceptions) release an individual who is not clearly entitled to admission into the United States while the individual's case is pending, even if the individual is an asylum seeker. DHS may instead detain the individual or return the individual to a neighboring country in certain situations.The bill also expands expedited removal from the United States (i.e., removal without further hearing or review) to include individuals present in the United States without being admitted, with certain exceptions. Under current law, individuals are subject to expedited removal if they lack proper documentation or obtained an immigration benefit through fraud; such individuals are still subject to expedited removal under the bill.The bill also modifies the standard for establishing a credible fear of persecution to avoid expedited removal. Generally, an asylum seeker may avoid expedited removal if an asylum officer finds such a credible fear. Under this bill, an officer may find credible fear if it is more likely than not the individual can establish their eligibility for asylum, whereas under current law, the officer may find credible fear if there is a significant possibility that the individual can establish their eligibility.

Bill Text

• Introduced Introduced in House Current html January 03, 2025

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

The bill significantly restricts the parole or release of asylum applicants into the United States.

• 8 U.S.C. 1225(b)(1)(A)(i)

  section 212(a)(6)(C) → section 212(a)(6)(A), 212(a)(6)(C), or

  This change expands the grounds under which an immigration officer may order an alien removed without further hearing or review.

• 8 U.S.C. 1225(b)(1)(A)(i)

  . → . The Secretary may not parole or otherwise release the alien into the United States.

  This mandates that no parole or release into the U.S. is allowed.

• 8 U.S.C. 1225(b)(1)(A)(ii)

  section 212(a)(6)(C) → section 212(a)(6)(A), 212(a)(6)(C), or

  This change similarly broadens the bases for ordering removal without further hearing.

• 8 U.S.C. 1225(b)(1)(A)(ii)

  . → . The Secretary may not parole or otherwise release the alien into the United States.

  This reinforces the prohibition on parole or release into the U.S.

• 8 U.S.C. 1225(b)(1)(B)(ii)

  the alien shall be detained for further consideration of the application for asylum → the alien shall either be detained for further consideration of the application for asylum by an immigration judge or if the alien arrived on land from a foreign territory contiguous to the United States, be returned to that territory for further consideration of the application for asylum by an immigration judge. The Secretary may not parole or otherwise release the alien into the United States.

  This allows for the option of returning certain aliens to their contiguous territory for asylum consideration and prohibits their release into the U.S.

• 8 U.S.C. 1225(b)(1)(B)(iii)(I)

  . → . The Secretary shall remove the alien within 72 hours. If the alien cannot be removed, the alien shall be detained until removed. The Secretary may not parole or otherwise release the alien into the United States.

  This stipulates a 72-hour removal timeline and mandates detention until removal, while prohibiting release.

• 8 U.S.C. 1225(b)(1)(B)(iii)(II)

  has not → has or has not

  This change clarifies that an alien may either have or not have established credible fear during the assessment.

• 8 U.S.C. 1225(b)(1)(B)(iv)

  there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien's claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208 → it is more likely than not that the alien will be able to establish eligibility for asylum under section 208

  This raises the standard for determining credible fear, making it more stringent.

• 8 U.S.C. 1225(b)(2)(A)(ii)

  the alien shall be detained for a proceeding under section 240. → the alien shall be either detained for a proceeding under section 240 or if the alien arrived on land from a foreign territory contiguous to the United States, be returned to that territory pending a proceeding under section 240. The Secretary may not parole or otherwise release the alien into the United States.

  This adds the possibility of returning certain aliens to contiguous territories for proceedings and prohibits their release.

• 8 U.S.C. 1225(b)(2)(B)

  subparagraph (C)

  This removes the provision related to the previous procedures in subparagraph (C), limiting the processes available.

Action History

1. January 03, 2025

   Introduced in House

2. January 03, 2025

   Introduced in House

3. January 03, 2025

   Referred to the House Committee on the Judiciary.

Sponsors

• Andy Biggs · Primary
• Nancy Mace · Cosponsor
• Brandon Gill · Cosponsor
• Josh Brecheen · Cosponsor

Subjects