Bill Details

HR.1312 - 119th Congress

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AI Summary This summary was generated by AI from the bill text. AI can get information wrong.

This bill would make people ineligible for asylum if they have been finally convicted of a felony or misdemeanor. It also gives the Department of Homeland Security limited authority to carve out an exception for certain political offenses committed outside the United States. In short, the bill would greatly narrow who can qualify for asylum by adding a criminal-conviction bar.

  • A felony would mean either a crime labeled as a felony by the place where it was convicted, or any crime punishable by more than one year in prison.
  • A misdemeanor would mean either a crime labeled as a misdemeanor by the place where it was convicted, or any crime punishable by one year or less in prison.
  • The only exception would be for some political offenses committed outside the United States, if the Secretary of Homeland Security decides by regulation that they should not count as disqualifying crimes.

Official Summaries

No Asylum for Criminals Act of 2025

This bill bars an individual who has been convicted of a felony or misdemeanor from receiving asylum, with limited exceptions. Specifically, the Department of Homeland Security may designate political offenses committed outside of the United States that shall not be considered a crime for this purpose.

Currently, an individual shall be barred from receiving asylum for only certain types of criminal convictions, such as if the individual is convicted for (1) an aggravated felony, or (2) a particularly serious crime and as a result deemed a danger to the United States.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1312 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 1312

 To amend the Immigration and Nationality Act to provide that an alien 
  who has been convicted of a crime is ineligible for asylum, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2025

   Mr. Harris of North Carolina (for himself, Ms. Mace, Mr. Weber of 
 Texas, Mr. Moore of Alabama, Mr. Stutzman, Mr. Edwards, Mr. Self, Mr. 
 Biggs of Arizona, and Mr. Ogles) introduced the following bill; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to provide that an alien 
  who has been convicted of a crime is ineligible for asylum, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Asylum for Criminals Act of 
2025''.

SEC. 2. ALIENS CONVICTED OF CRIMES INELIGIBLE FOR ASYLUM.

    Clause (ii) of section 208(b)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1158) is amended--
            (1) by amending clause (ii) of subparagraph (A) to read as 
        follows:
                            ``(ii) except as provided in subparagraph 
                        (B), the alien has been finally convicted of a 
                        felony or misdemeanor;'';
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) Exception.--The Secretary of Homeland 
                Security may designate by regulation political offenses 
                committed outside the United States that will be not 
                considered to be a crime described in clause (ii). The 
                authority under this subparagraph is limited to 
                political offenses committed outside the United 
                States.''; and
            (3) by adding at the end the following:
                    ``(E) Definitions.--In this paragraph:
                            ``(i) The term `felony' means--
                                    ``(I) any crime defined as a felony 
                                by the relevant jurisdiction (Federal, 
                                State, tribal, or local) of conviction; 
                                or
                                    ``(II) any crime punishable by more 
                                than one year of imprisonment.
                            ``(ii) The term `misdemeanor' means--
                                    ``(I) any crime defined as a 
                                misdemeanor by the relevant 
                                jurisdiction (Federal, State, tribal, 
                                or local) of conviction; or
                                    ``(II) any crime not punishable by 
                                more than one year of imprisonment.''.
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