H.R.871 - Refugees Using Legal Entry Safely Act; RULES Act (119th Congress)
Summary
H.R. 871, also known as the Refugees Using Legal Entry Safely Act or RULES Act, proposes amendments to the Immigration and Nationality Act, specifically targeting asylum eligibility. The bill aims to restrict asylum applications to ports of entry and prohibits the parole or release of asylum seekers into the United States while their applications are pending. It also denies asylum eligibility to individuals apprehended within the U.S. after entering without inspection or overstaying their authorized stay.
The bill modifies Section 208(a) of the Immigration and Nationality Act, focusing on where and how asylum applications can be made. It shifts the process to prioritize those who arrive at official ports of entry.
Ultimately, the bill seeks to tighten asylum procedures and reduce instances of individuals entering or remaining in the U.S. unlawfully while pursuing asylum claims.
Expected Effects
The likely effect of H.R. 871 would be a reduction in asylum applications from individuals who enter the U.S. illegally. It would also likely increase the strain on resources at ports of entry as more asylum seekers are directed there.
Additionally, the bill could lead to prolonged detention for asylum seekers awaiting processing, as parole or release into the U.S. is prohibited. This could impact both the individuals seeking asylum and the resources required to detain them.
Potential Benefits
- Increased Border Security: By restricting asylum applications to ports of entry, the bill could help to better control and monitor who is entering the country.
- Reduced Illegal Immigration: The bill aims to disincentivize illegal entry into the U.S. by limiting asylum eligibility for those who are apprehended after entering without inspection.
- Streamlined Asylum Process at Ports of Entry: Concentrating asylum applications at ports of entry may allow for more efficient processing of claims.
- Discourages Overstaying: By denying asylum to those who overstay their visas, the bill could encourage compliance with immigration laws.
- Focus on Legal Pathways: The bill emphasizes legal pathways for seeking asylum, potentially encouraging individuals to follow established procedures.
Most Benefited Areas:
Potential Disadvantages
- Potential Humanitarian Concerns: Restricting asylum applications to ports of entry could create bottlenecks and leave vulnerable individuals stranded in dangerous situations.
- Increased Detention Costs: Prohibiting parole or release into the U.S. could lead to increased detention costs and strain resources.
- Due Process Concerns: Denying asylum eligibility to those who entered without inspection may raise concerns about due process and fairness.
- Limited Access to Asylum: Individuals who are already in the U.S. and fear persecution may find it more difficult to apply for asylum.
- Strain on Ports of Entry: Concentrating asylum applications at ports of entry could overwhelm resources and lead to delays in processing.
Constitutional Alignment
The bill's constitutionality is debatable. While Congress has broad authority over immigration under Article I, Section 8, Clause 4, some provisions could be challenged under the Fifth Amendment's due process clause, particularly concerning the denial of asylum eligibility based solely on the manner of entry. The Supreme Court has recognized certain due process rights for non-citizens within the U.S., and this bill could potentially infringe upon those rights.
Additionally, the bill's restrictions on asylum could be scrutinized under international treaty obligations, such as those related to refugees and asylum seekers. These obligations, while not directly enforceable by the Constitution, can influence the interpretation of domestic laws.
However, the bill could be argued as a reasonable regulation of immigration, aimed at managing the asylum process and deterring illegal entry, which falls within the scope of congressional power.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).