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Changes asylum eligibility by barring any noncitizen who has a final conviction for a felony or a misdemeanor from qualifying under the referenced asylum clause, while allowing the Department of Homeland Security to list certain foreign political offenses that will not count as crimes. The bill also adds statutory definitions for “felony” and “misdemeanor.”
Amends clause (ii) of section 208(b)(2) to read: except as provided in subparagraph (B), the alien has been finally convicted of a felony or misdemeanor. This changes the text of clause (ii) of 8 U.S.C. 1158 (section 208(b)(2) of the Immigration and Nationality Act).
Amends subparagraph (B) to authorize the Secretary of Homeland Security to designate by regulation political offenses committed outside the United States that will not be considered a crime described in clause (ii). The authority is explicitly limited to political offenses committed outside the United States.
Adds paragraph (E) with definitions for the terms “felony” and “misdemeanor.” “Felony” means (I) any crime defined as a felony by the relevant jurisdiction of conviction (Federal, State, tribal, or local), or (II) any crime punishable by more than one year of imprisonment. “Misdemeanor” means (I) any crime defined as a misdemeanor by the relevant jurisdiction of conviction (Federal, State, tribal, or local), or (II) any crime not punishable by more than one year of imprisonment.
Who is affected and how:
Asylum seekers and credible-fear claimants: Individuals with final felony or misdemeanor convictions will be categorically excluded from eligibility under the specified asylum clause unless their offense is later designated by DHS as a covered political offense. This removes a potential path to asylum for people with criminal records.
Noncitizens more broadly: Any noncitizen with a final conviction for a felony or a misdemeanor who would otherwise pursue asylum may face removal or be denied relief more often under the changed rule.
Immigration courts and DHS/ICE: Expect shifted workloads—more asylum denials at the screening and adjudication stages, potential increases in removal proceedings, and new regulatory and case-processing work for DHS to draft and implement the political-offense exception list.
Immigration attorneys, legal aid organizations, and advocates: Increased demand for legal representation and litigation to challenge denials, argue political-offense exemptions, and clarify how convictions are defined and applied.
Communities and service providers: Populations that include people with prior convictions who might have otherwise claimed asylum (e.g., victims of persecution who later committed crimes, or prosecuted for politically motivated acts) could face reduced access to protection and increased risk of deportation.
Secondary effects and risks:
Regulatory discretion could produce uneven application across cases and administrations, depending on how DHS defines political offenses and applies exemptions.
Potential legal challenges: Changes to asylum eligibility tied to convictions and DHS regulatory exemptions could prompt litigation on statutory interpretation, due process, and compliance with international refugee obligations.
No funding or implementation timeline is included, so operational impacts will depend on DHS rulemaking and agency capacity to apply the new definitions and carve-outs.
Expand sections to see detailed analysis
Referred to the House Committee on the Judiciary.
Introduced February 13, 2025 by Mark Harris · Last progress February 13, 2025
Referred to the House Committee on the Judiciary.
Introduced in House