Bills of Congress by U.S. Congress

H.R.698 - Asylum Accountability Act (119th Congress)

Summary

H.R. 698, the Asylum Accountability Act, aims to amend the Immigration and Nationality Act. It seeks to permanently bar aliens who fail to appear at their removal proceedings from becoming permanent residents, unless exceptional circumstances exist. The bill was introduced in the House of Representatives on January 23, 2025, and referred to the Committee on the Judiciary.

Expected Effects

The bill's likely effect is a stricter enforcement of immigration laws. It would reduce the possibility of individuals who evade removal proceedings from obtaining permanent residency. This could lead to fewer individuals absconding from their hearings.

Potential Benefits

  • Potentially reduces strain on resources allocated to tracking and managing individuals who fail to appear for removal proceedings.
  • May deter individuals from attempting to exploit the asylum system by disappearing before their hearings.
  • Could strengthen the integrity of the immigration system by ensuring accountability.
  • May lead to a more efficient processing of legitimate asylum claims.
  • Could reduce the backlog of immigration cases by discouraging frivolous applications.

Potential Disadvantages

  • May penalize individuals who fail to appear due to legitimate reasons beyond their control, even with the 'exceptional circumstances' clause.
  • Could increase the risk of individuals going underground, making them more vulnerable to exploitation.
  • May disproportionately affect asylum seekers who lack adequate legal representation or understanding of the legal system.
  • Could face legal challenges based on due process concerns.
  • The definition of 'exceptional circumstances' may be subject to interpretation and potential abuse.

Constitutional Alignment

The bill's constitutional alignment is complex. While Congress has broad authority over immigration under Article I, Section 8, Clause 4, the bill's potential impact on due process rights (Amendment V) must be considered. The 'exceptional circumstances' clause attempts to address potential due process concerns, but its application would need to be carefully scrutinized to ensure fairness and avoid arbitrary denials of residency.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).