Bill Overview
Title: Ending Catch and Release Act of 2022
Description: 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.
Sponsors: Rep. Biggs, Andy [R-AZ-5]
Target Audience
Population: Individuals without lawful immigration status, including asylum seekers
Estimated Size: 500000
- The bill targets individuals without lawful immigration status, including asylum seekers.
- It changes how these individuals are processed at the border, specifically impacting those who would be subject to 'catch and release' processes prior to this bill.
- Expands expedited removal processes, potentially affecting more individuals who have entered the country without proper documentation.
- Modifies the standard for establishing credible fear of persecution, which could affect asylum seekers' ability to qualify for asylum.
Reasoning
- The budget limitations suggest the resources to enforce this policy, including detention and deportation, are significant but finite.
- With 2 million people potentially affected, and a target of affecting 500,000 in the first year, many might not experience direct impact if resources are focused on areas of highest entry.
- The adjustment in the standard for credible fear may lower the number of successful asylum claims, impacting those seeking refuge from persecution.
- We included a variety of perspectives, from directly impacted individuals to those indirectly affected, like immigration lawyers and enforcement officials.
- We also considered those not directly impacted but who might have opinions due to their professional or personal experiences.
Simulated Interviews
Construction worker (El Paso, TX)
Age: 37 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 8/20
Statement of Opinion:
- I fear for what will happen to my family and me if I'm detained and removed.
- This policy makes me feel very uncertain about my future here.
- It's hard to work and focus when there's so much worry about being sent away.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 3 | 5 |
| Year 2 | 3 | 5 |
| Year 3 | 2 | 5 |
| Year 5 | 1 | 4 |
| Year 10 | 1 | 4 |
| Year 20 | 1 | 3 |
Asylum seeker and student (Los Angeles, CA)
Age: 29 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 7/20
Statement of Opinion:
- I'm scared because now it's even harder to prove what I fear back home.
- It feels like chasing a never-ending dream with this policy.
- I just want to study and live in peace.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 2 | 6 |
| Year 2 | 2 | 6 |
| Year 3 | 1 | 6 |
| Year 5 | 1 | 5 |
| Year 10 | 1 | 5 |
| Year 20 | 1 | 4 |
Immigration Lawyer (Houston, TX)
Age: 46 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 10/20
Statement of Opinion:
- My clients need more help than ever and our resources are strained.
- This policy adds further obstacles for those genuinely fleeing danger.
- We need to fight this by coordinating our efforts better.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 7 |
| Year 2 | 5 | 7 |
| Year 3 | 5 | 7 |
| Year 5 | 5 | 6 |
| Year 10 | 4 | 6 |
| Year 20 | 4 | 6 |
Border Patrol Agent (Miami, FL)
Age: 31 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 12/20
Statement of Opinion:
- We have the tools to do our jobs, but it's not always easy morally.
- I hope this policy makes things clearer but it's tough on individuals.
- We need more resources and support on the ground.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 5 | 5 |
| Year 10 | 5 | 5 |
| Year 20 | 5 | 5 |
College student (Chicago, IL)
Age: 24 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 2.0 years
Commonness: 11/20
Statement of Opinion:
- This policy feels like a giant step backward for human rights.
- I'm motivated to do more advocacy work because of this.
- Policies like this make me question the direction our country is taking.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 8 |
| Year 2 | 7 | 8 |
| Year 3 | 7 | 8 |
| Year 5 | 6 | 7 |
| Year 10 | 6 | 7 |
| Year 20 | 6 | 7 |
Small Business Owner (Phoenix, AZ)
Age: 59 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 14/20
Statement of Opinion:
- It's tough when you know good workers might be deported.
- I get why people are concerned about immigration, but these are real families with real problems.
- My business relies on these folks.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 4 | 5 |
| Year 2 | 4 | 5 |
| Year 3 | 3 | 5 |
| Year 5 | 3 | 4 |
| Year 10 | 3 | 4 |
| Year 20 | 2 | 3 |
Retired Teacher (Des Moines, IA)
Age: 65 | Gender: female
Wellbeing Before Policy: 9
Duration of Impact: 10.0 years
Commonness: 15/20
Statement of Opinion:
- I am heartbroken to see those I work with facing more trials.
- Policies like this hurt the fabric of our communities.
- I hope my efforts can make a small difference.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 9 |
| Year 2 | 8 | 9 |
| Year 3 | 7 | 9 |
| Year 5 | 7 | 8 |
| Year 10 | 7 | 8 |
| Year 20 | 7 | 8 |
Sanitation Worker (San Antonio, TX)
Age: 42 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 0.0 years
Commonness: 16/20
Statement of Opinion:
- Thankfully, this doesn't affect me directly, but I worry about friends.
- This feels like it will divide communities even more.
- It's a reminder to stay grounded and support those impacted.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
High School Student (New York, NY)
Age: 18 | Gender: other
Wellbeing Before Policy: 8
Duration of Impact: 0.0 years
Commonness: 13/20
Statement of Opinion:
- Policies like this will define my generation's fight for immigration rights.
- Understanding these policies is important for my studies and activism.
- I feel compelled to learn more and educate my peers.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 6 | 6 |
Policy Analyst (Washington, D.C.)
Age: 53 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 0.0 years
Commonness: 9/20
Statement of Opinion:
- This policy brings significant legal challenges but could streamline some processes.
- We will need to monitor the humanitarian implications carefully.
- It's crucial to balance security and compassion.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 5 | 5 |
| Year 10 | 5 | 5 |
| Year 20 | 5 | 5 |
Cost Estimates
Year 1: $2000000000 (Low: $1500000000, High: $2500000000)
Year 2: $2200000000 (Low: $1600000000, High: $2700000000)
Year 3: $2400000000 (Low: $1800000000, High: $2800000000)
Year 5: $2500000000 (Low: $1900000000, High: $3000000000)
Year 10: $2600000000 (Low: $2000000000, High: $3200000000)
Year 100: $0 (Low: $0, High: $0)
Key Considerations
- There will be additional costs for the detention infrastructure and staffing needed to hold more non-U.S. nationals.
- Legal and diplomatic challenges could add to operational costs and complexity.
- There might be humanitarian and ethical considerations regarding the detainee treatment.