HR 116 · 119th CongressIn Committee

Stopping Border Surges Act

Latest updateJan 3, 2025

Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Immigration

Sponsor

Andy Biggs

Introduced

January 3, 2025

Latest action

January 3, 2025

Legislative Progress

How far this bill has traveled through Congress

Introduced

Bill filed in chamber

Committee

Reviewed & reported

Passed Chamber

House or Senate vote

Passed Both

House & Senate agree

President

Sent to White House

Enacted

Signed into law

Introduced

Bill filed in chamber

Committee

Reviewed & reported

Passed Chamber

House or Senate vote

Passed Both

House & Senate agree

President

Sent to White House

Enacted

Signed into law

Latest Action

Plain-Language Summary

AI Generated

Under current law, unaccompanied children apprehended at the border receive heightened protections. The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 requires that unaccompanied children from countries not contiguous to the United States be transferred to the Department of Health and Human Services within 72 hours and receive a hearing before an immigration judge. Children from Mexico and Canada face faster processing. Additionally, asylum law allows individuals to apply for protection based on persecution, and credible fear interviews—initial screenings to determine if an applicant has a plausible asylum claim—use a relatively permissive legal standard. Family detention is restricted by court settlements, and special immigrant juvenile status is available to children unable to reunify with either parent due to abuse or neglect.

This bill substantially tightens these protections. The Department of Homeland Security must now return unaccompanied children from any country—not just contiguous ones—to their home country, though the Secretary of Health and Human Services may retain custody for up to 30 days. The bill eliminates the requirement that children receive a hearing within 14 days and removes the geographic distinction between contiguous and non-contiguous countries. For asylum, the bill raises the credible fear standard to "more probable than not" that statements are true, removes jurisdiction for certain asylum applications, and narrows eligibility for special immigrant juvenile status by requiring that reunification with at least one parent be possible. The Department of Homeland Security gains discretion to detain families together during immigration proceedings.

Implementation begins immediately upon enactment for newly apprehended children. The bill requires the Department of Homeland Security to establish uniform procedures for recording asylum interviews and credible fear determinations, with standardized checklists for officers. No new funding is explicitly appropriated, suggesting implementation occurs within existing budgets. The changes eliminate protections previously established by court settlement (the Flores agreement), potentially reducing the number of children transferred to HHS custody and increasing family detention. Asylum approvals will likely decline under the higher credible fear standard, and fewer children will qualify for special immigrant juvenile status, affecting both the foster care system and long-term immigration outcomes.

Key Provisions

1Requires the Department of Homeland Security to return unaccompanied children from any country to their home country rather than transferring them to the Department of Health and Human Services, with limited exceptions.
2Raises the credible fear standard for asylum applicants from a subjective assessment to a requirement that it be "more probable than not" that the applicant's statements are true and that they could establish asylum eligibility.
3Authorizes the Department of Homeland Security to detain families together during immigration proceedings when parents are charged with misdemeanor unlawful entry, overriding prior court-ordered protections.
4Narrows eligibility for special immigrant juvenile status by requiring that reunification with at least one parent be possible, eliminating the prior standard that only one parent needed to be unavailable.
5Directs the Department of Homeland Security to establish uniform procedures, standardized checklists, and audio or audiovisual recordings for all expedited removal and credible fear interviews to ensure consistency across officers.

★ Why this matters

The bill substantially reduces legal protections for children and asylum seekers at the border. Children will be returned to their home countries more quickly without extended HHS custody or judicial hearings. Asylum applicants face a higher evidentiary burden, making it harder to establish credible fear and proceed with their claims. Families can now be detained together during immigration proceedings, changing custody practices established by decades of court settlements. Fewer children will qualify for special immigrant juvenile status, affecting their ability to remain in the United States.

● Who this affects

Unaccompanied children apprehended at the border—particularly those from Central America, South America, and Africa—face immediate return without extended processing. Asylum applicants, including families fleeing persecution, encounter stricter standards for establishing their claims. Parents traveling with children will experience family detention rather than separation or release. The Department of Homeland Security gains expanded discretion in custody decisions. Immigration judges will see fewer cases reach their dockets. Foster care systems and child welfare agencies will receive fewer referrals from federal immigration authorities. State governments lose licensing authority over immigration detention facilities housing children.

Bill Text

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<DOC>

119th CONGRESS
  1st Session
                                H. R. 116

To close loopholes in the immigration laws that serve as incentives to 
aliens to attempt to enter the United States unlawfully, and for other 
                               purposes.

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2025

Mr. Biggs of Arizona introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
  Foreign Affairs, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

                                 A BILL

 
To close loopholes in the immigration laws that serve as incentives to 
aliens to attempt to enter the United States unlawfully, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Stopping Border 
Surges Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--UNACCOMPANIED ALIEN CHILDREN

Sec. 101. Repatriation of unaccompanied alien children.
Sec. 102. Clarification of standards for family detention.
Sec. 103. Special immigrant juvenile status for immigrants unable to 
                            reunite with either parent.
                        TITLE II--ASYLUM REFORM

Sec. 201. Credible fear interviews.
Sec. 202. Jurisdiction of asylum applications.
Sec. 203. Recording expedited removal and credible fear interviews.
Sec. 204. Safe third country.
Sec. 205. Renunciation of asylum status pursuant to return to home 
                            country.
Sec. 206. Notice concerning frivolous asylum applications.
Sec. 207. Anti-fraud investigative work product.
Sec. 208. Clarification of asylum eligibility.
Sec. 209. Application timing.
Sec. 210. Clarification of burden of proof.
Sec. 211. Additional exception.
Sec. 212. Clarification regarding employment eligibility.
Sec. 213. Penalties for asylum fraud.
Sec. 214. Statute of limitations for asylum fraud.
Sec. 215. Technical amendments.

                 TITLE I--UNACCOMPANIED ALIEN CHILDREN

SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by amending the heading to read as 
                        follows: ``Rules for unaccompanied alien 
                        children.--'';
                            (ii) in subparagraph (A)--
                                    (I) in the matte…

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D-North Carolina · District 12

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Stopping Border Surges Act

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