# Plain Language Summary: Ending Catch and Release Act of 2022

This bill would make it much harder for people seeking asylum to stay in the United States while their cases are being decided. Currently, when someone arrives at the border and claims they need asylum, immigration officials can sometimes release them into the country while they wait for a hearing before a judge. The bill would essentially eliminate this practice by prohibiting officials from releasing asylum seekers into the U.S. under almost any circumstances.

Instead of being released, people who arrive at the border without proper documents would have to either be detained in immigration facilities or, if they came from a neighboring country like Mexico or Canada, be sent back across the border to wait for their court hearing. The bill also raises the standard for what it takes to get released—currently, officials only need to think there's a "significant possibility" someone might qualify for asylum, but the bill would require them to believe it's "more likely than not" that the person will qualify. This is a much higher bar to meet. Additionally, the bill requires that anyone who can be removed from the country must be removed within 72 hours, and if they can't be removed in that time, they must be detained until removal is possible.

The practical effect would be that asylum seekers would spend weeks or months in detention facilities waiting for their court dates instead of being released to live with family or friends while their cases proceed. This would significantly increase the number of people in immigration detention and could affect thousands of migrants annually who currently are processed and released at the border.

Ending Catch and Release Act of 2022

Ending Catch and Release Act of 2022 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.