HR 9040 · 116th Congress 2019–2021, ended

Protect Asylum Seekers Act

Latest action · Dec 21, 2020 Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedDec 21, 2020
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Protect Asylum Seekers Act

This bill limits the separation of alien families and provides protections for asylum seekers.

Certain civil and criminal penalties related to improper entry into the United States shall not apply if, after entering the United States, an alien without delay communicates to an immigration or asylum officer a non-fraudulent (1) desire to seek asylum, or (2) fear of persecution.

The Departments of Homeland Security (DHS), Justice, and Health and Human Services shall not separate a child from a parent or legal guardian unless

  • a state court terminates the parent or legal guardian's rights;
  • a state child welfare agency or court determines it is in the child's best interests to be removed; or
  • the child is determined to be a trafficking victim or at risk of becoming one, the accompanying adult is most likely not the parent or legal guardian, or the child is in danger of abuse or neglect.

An agency may not separate a child from a parent or legal guardian solely to deter migration into the United States or to promote compliance with immigration laws.

DHS shall develop (1) training related to the bill's family separation requirements, and (2) guidance for how parents and legal guardians may locate a separated child. DHS shall provide parents and legal guardians periodic status updates about a separated child.

The Government Accountability Office shall report to Congress on the criminal prosecution of asylum seekers.

Cosponsors

Members who signed on, in the order they did.

No cosponsors are on file for this measure.

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Dec 21, 2020
HouseHomeland Security Committee
Referred Dec 21, 2020

Actions 2

Everything that happened, newest first.

  1. Dec 21, 2020Introduced in House
  2. Dec 21, 2020Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Fifth Amendment

The sponsor’s statement, as printed in the Congressional Record, vol. 166, no. 218, December 21, 2020, page H7322.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 292Keep Families Together ActRelated billJan 31, 2019

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To protect aliens seeking asylum in the United States, and for other purposes.
Short Title(s) as Introduced
Protect Asylum Seekers Act

Subjects

Assigned by the Library of Congress. Policy area: Immigration.

Text 1

Each version as it was printed, newest first.

  1. Dec 21, 2020Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.