The Secure the Border Act immigration bill was passed by the U.S. House of Representatives. The Act proposes ending some Biden administration policies and enabling some Trump-era policies. President Biden stated he will veto the law, should the Act move forward.
The immigration bill combines elements from the Judiciary, Homeland Security, and Foreign Affairs committees. The bill includes resuming the construction of the wall along the southern border, proposing additional funding for technology upgrades for border processing, updating the requirements for credible fear interviews for asylum-seekers, and limiting parole program authority.
Overstaying a visa would be considered a misdemeanor criminal offense, treated similarly to illegal entry if the bill is passed. Along with the construction of the wall on the southern border, a plan will be established to assess security risks between legal ports of entry to the U.S. Further, the standard to prove credible fear would be permanently changed. Individuals pursuing asylum will need to prove it is ‘more likely than not’ they face danger if returned to their home country. Currently, the standard is that there is a ‘significant possibility’ of danger upon return.
Unaccompanied minors will be returned to their country of origin under the bill, with some exceptions. Those who are trafficking victims or have a credible fear of persecution upon return may be exempt from removal. To qualify for these exceptions, unaccompanied minors will have a hearing before an immigration judge within 14 days. DHS will have the authority to retain the minors for up to 30 days.
It is unlikely the proposed immigration bill will become law in its current form, given the makeup of the Senate. If it does, President Biden said he will veto the measure if it reaches his desk.
If you have questions about your immigration status or any other immigration-related issue, contact us at ILBSG. We work with our clients in their particular situations to ensure they get the right advice.
