# Plain Language Summary: Ending Catch and Release Act of 2023

This bill would dramatically change how the U.S. handles people who arrive at the border and ask for asylum. Currently, immigration officials can release asylum seekers into the country while they wait for their court hearings—a practice critics call "catch and release." This bill would essentially eliminate that option by prohibiting officials from releasing asylum applicants into the U.S. under almost any circumstances.

Here's what would change in practice: When someone arrives at the border without proper documents and claims they need asylum, instead of being released to wait for their court date (often months or years away), they would have to either be detained in a facility or, if they came from a country that borders the U.S., be sent back to that country to wait for their hearing. The bill also makes it harder for people to qualify for release by changing the legal standard—officials would need to believe it's "more likely than not" that someone will win their asylum case before considering release, rather than just finding there's a "significant possibility" they could win. Additionally, people who are deemed ineligible for asylum would need to be removed within 72 hours, and if they can't be removed that quickly, they'd remain detained until removal is possible.

The practical effect would be a massive increase in immigration detention. Thousands of people currently released to await their hearings would instead be held in detention facilities, which would require significant expansion of detention capacity. This would affect asylum seekers from Central America, Mexico, and other countries, as well as their families and communities in the U.S. waiting to sponsor them. The bill would also likely slow down asylum processing since detained individuals might have more difficulty preparing their cases compared to those released into the community.

Ending Catch and Release Act of 2023

Biggs, Andy

Ending Catch and Release Act of 2023 This bill changes the treatment of certain non-U.S. nationals (aliens under federal law) without lawful immigration status, including by prohibiting the release of asylum seekers into the United States while their cases are pending. The Department of Homeland Security (DHS) may not (with some exceptions) release an individual who is not clearly entitled to admission into the United States while the individual's case is pending, even if the individual is an asylum seeker. DHS may instead detain the individual or return the individual to a neighboring country in certain situations. The bill also expands expedited removal from the United States (i.e., removal without further hearing or review) to include individuals present in the United States without being admitted, with certain exceptions. Under current law, individuals are subject to expedited removal if they lack proper documentation or obtained an immigration benefit through fraud; such individuals are still subject to expedited removal under the bill. The bill also modifies the standard for establishing a credible fear of persecution to avoid expedited removal. Generally, an asylum seeker may avoid expedited removal if an asylum officer finds such a credible fear. Under this bill, an officer may find credible fear if it is more likely than not the individual can establish their eligibility for asylum, whereas under current law, the officer may find credible fear if there is a significant possibility that the individual can establish their eligibility.