# Plain Language Summary: Border Security and Enforcement Act of 2023

This bill makes it significantly harder for people to seek asylum in the United States by creating new barriers at the border and changing how asylum claims are evaluated. The main changes affect who can apply for asylum, where they can apply, and what disqualifies them from protection.

The bill introduces a "safe third country" rule that essentially says if you traveled through any other country on your way to the U.S., you generally cannot apply for asylum here—you should have applied in that country instead. There are only a few exceptions: if you actually applied for protection in those countries and were denied, if you were a victim of human trafficking, or if those countries aren't signatories to international refugee treaties. This is a major change because many people fleeing danger travel through multiple countries to reach the U.S., and this rule would block most of them from even having their cases heard.

The bill also makes it harder to pass the initial "credible fear" interview, which is the first step in the asylum process. Currently, officials only need to find there's a "significant possibility" you could qualify for asylum. Under this bill, the standard becomes much stricter—you'd need to prove it's "more likely than not" that you qualify and that everything you've said is true. Additionally, the bill restricts asylum eligibility to people who arrive at official ports of entry, eliminating asylum protections for people who cross the border between ports of entry.

The bill expands the list of crimes that automatically disqualify someone from asylum, including any felony conviction, certain misdemeanors (like identity document fraud, drug possession, or welfare fraud), DUI convictions, domestic violence, stalking, and crimes related to gang activity. It also creates new penalties for visa overstays, strengthens employment verification requirements to prevent undocumented workers from being hired, and changes rules around family detention at the border. The bill essentially takes a hardline approach to immigration enforcement while making it much more difficult for people to pursue legal asylum claims.

Border Security and Enforcement Act of 2023

Border Security and Enforcement Act of 2023 This bill addresses issues regarding immigration and border security, including by imposing limits to asylum eligibility. For example, the bill <ul> <li>limits asylum eligibility to non-U.S. nationals (aliens under federal law) who arrive in the United States at a port of entry;</li> <li>allows for the removal of a non-U.S. national to a country other than that individual's country of nationality or last lawful habitual residence, whereas currently this type of removal may only be to a country that has an agreement with the United States for such removal;</li> <li>expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for driving while intoxicated causing another person's serious bodily injury or death;</li> <li>requires a fee of at least $50 for each asylum application, except for certain applications involving an unaccompanied alien child; </li> <li>authorizes the Department of Homeland Security (DHS) to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border;</li> <li>prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors;</li> <li>authorizes immigration officers to permit an unaccompanied alien child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application;</li> <li>imposes additional penalties for overstaying a visa; and</li> <li>requires DHS to create an electronic employment eligibility confirmation system modeled after the E-Verify system and requires all employers to use the system.</li> </ul>