The U.S. House of Representatives passed the Secure the Border Act. It now moves to the U.S. Senate. The immigration bill suggests changes to some policies created by the Biden administration and makes some Trump era policies active again. However, President Biden said he will veto the bill if it comes to his desk as it is currently written.

The immigration bill takes pieces from from the Judiciary, Homeland Security, and Foreign Affairs committees. The bill includes completing the wall at the southern border, makes funds available to upgrade technology to make border processing easier, and changes the ‘credible fear’ requirement for asylum seekers. The bill also limits the President’s ability to create parole programs.

If the bill becomes law, overstaying a visa would be considered a misdemeanor criminal offense, treated the same way as illegal entry to the U.S. The bill also requires the U.S. government to look at security risks between legal ports of entry. Asylum-seekers would need to prove that it is “more likely than not” that they would face danger if returned to their home country. Currently, asylum-seekers only have to prove there is “significant possibility”.

Minors traveling alone would generally be returned to their home country, with possible exceptions for victims of trafficking or those with a credible fear of danger if returned to their home country. Unaccompanied minors would have a hearing before an immigration judge within 14 days to qualify for these exceptions. The Department of Homeland Security (DHS) would have the authority to detain the minors for up to 30 days.

If you have any questions about your immigration status or any other immigration-related matters, please don’t hesitate to contact us at ILBSG. Our team of attorneys work with each client in their individual situation to make sure they get the right advice. We are here to help.