HB698, titled the Asylum Accountability Act, would amend the Immigration and Nationality Act to make certain noncitizens permanently ineligible to adjust to lawful permanent resident status if they were ordered removed after failing to appear at a removal proceeding, unless exceptional circumstances existed. Under current law, the relevant bar lasts 10 years after the final order of removal; this bill would strike that time limit and replace it with a permanent bar.
The bill is narrowly focused on one immigration consequence: eligibility for adjustment of status after an in absentia removal order. It would affect individuals who miss their removal hearings and are later ordered removed, as well as immigration adjudicators applying the adjustment-of-status rules under federal immigration law. By removing the 10-year limit, the bill would make the penalty for failing to appear significantly more severe and long-lasting.
Impact
If enacted, HB698 would amend section 240(b)(7) of the Immigration and Nationality Act, changing the legal effect of an in absentia removal order from a 10-year ineligibility period to a permanent bar on adjustment of status, subject to an exception for exceptional circumstances. This would alter federal immigration law and reduce discretion or future eligibility for affected noncitizens seeking lawful permanent residence after a removal order entered for failure to appear.
Sentiment
There is no recorded committee debate or vote history in the provided materials, so the bill’s sentiment cannot be measured from formal discussion. Based on the bill’s framing as the Asylum Accountability Act and its introduction by multiple Republican sponsors, the measure appears to reflect a punitive enforcement-oriented approach to immigration compliance. The absence of recorded opposition or support in the provided context means no direct bipartisan sentiment can be inferred from the available record.
Contention
The main point of contention is likely whether failure to appear at a removal proceeding should trigger a permanent immigration penalty rather than the current 10-year bar. Supporters would likely argue that the bill promotes accountability and deters nonappearance, while critics may view a permanent bar as overly harsh, especially in cases involving misunderstanding, lack of notice, transportation barriers, or other mitigating circumstances. The bill preserves an exception for exceptional circumstances, but the scope of that exception could also be a source of dispute.
Stopping Border Surges Act This bill modifies immigration law provisions relating to unaccompanied alien minors and to asylum seekers.The bill requires the Department of Homeland Security (DHS) to repatriate certain unaccompanied, inadmissible alien children, generally those not at risk of being trafficking victims nor having a fear of persecution. Currently, only inadmissible unaccompanied aliens from neighboring countries are subject to repatriation, and DHS has discretion whether to repatriate.When the Department of Health and Human Services 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 requires a stricter standard to find a credible fear of persecution and imposes additional rules on credible fear interviews.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.