H.R. 3217: USA Act of 2023

Updated Standards for Asylum Act of 2023 or the USA Act of 2023

This bill modifies standards and requirements related to individuals seeking asylum.

For an individual to establish a credible fear of persecution, the bill requires it to be more probable than not that the statements in support of the claim are true.

The bill also imposes certain rules relating to credible fear interviews, including requirements for recordings and interpreters. For example, the Department of Homeland Security must establish procedures to ensure that individuals subject to expedited removal are questioned in a uniform manner and that the questions and answers are recorded in a uniform fashion.

The bill also bars an individual from seeking asylum if that individual may be safely removed to a third country (i.e., not the individual's country of nationality), whereas currently this bar only applies if such removal is to a third country pursuant to an agreement with the United States.

If an individual is granted asylum because of fear of persecution in a country, the individual shall be deemed to have renounced asylum status by returning to that country, if there has been no change in the country's conditions.

Any individual who knowingly and willfully makes materially false statements or uses fraudulent documents in asylum-related proceedings shall be fined or imprisoned up to 10 years, or both.