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Requires people seeking asylum to apply only at a U.S. port of entry and bars parole or release for asylum applicants who present at ports of entry. Creates an explicit exception that the port-of-entry requirement does not apply to people who are apprehended or referred after entering unlawfully or after overstaying a lawful stay.
Rewrites paragraph (1) of 8 U.S.C. 1158(a) to require that any alien who arrives at a U.S. port of entry may apply for asylum only at that port of entry, in accordance with section 208(a) or, as applicable, section 235(b).
Adds a rule that, notwithstanding 8 U.S.C. 1226(a)(2) (section 236(a)(2) of the INA), an alien applying for asylum at a port of entry may not be paroled or released into the United States.
Strikes existing subparagraph (B) of paragraph (2) of 8 U.S.C. 1158(a).
In the former subparagraph (C) of paragraph (2), replaces the phrase “Subject to subparagraph (D), paragraph” with “Paragraph.”
Strikes existing subparagraph (D) of paragraph (2) of 8 U.S.C. 1158(a).
Directly affected: noncitizens seeking asylum or claiming credible fear must apply at official ports of entry; those presenting at ports will be ineligible for parole or release and thus more likely to remain in custody. Border and immigration agencies (CBP, ICE, Asylum Offices, immigration courts) will need to adjust intake, screening, detention, and case-processing procedures to implement the port-of-entry requirement and the no-release rule. Humanitarian, legal-aid, and advocacy organizations that assist asylum seekers will see changes in where they must provide intake and legal aid. The carve-out for people apprehended after unlawful entry or overstays means those who cross between ports or who overstay remain processed under existing removal/detention rules, which may incentivize some migrants to avoid ports of entry or alter arrival patterns. Operational impacts could include increased congestion at ports of entry, demand for detention space and custodial resources at or near ports, reallocation of personnel to ports, and potential increases in administrative and judicial litigation over access to asylum and detention conditions. The provision does not change substantive asylum standards but changes procedural access and custody outcomes, which can influence practical ability to seek protection and the timing and environment in which claims are adjudicated.
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Read twice and referred to the Committee on the Judiciary.
Introduced January 23, 2025 by Bernardo Moreno · Last progress January 23, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate
