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HR 1312119th CongressIn Committee

No Asylum for Criminals Act of 2025

Introduced: Feb 13, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

No Asylum for Criminals Act of 2025 would change who is eligible for asylum by amending the Immigration and Nationality Act. Under the bill, an alien who has been finally convicted of a felony or misdemeanor would, in general, be ineligible for asylum. There is an exception the bill creates: the Secretary of Homeland Security may designate, by regulation, certain political offenses committed outside the United States that will not be treated as the crimes described in the ineligibility clause. The authority to designate such offenses is limited to political offenses occurring outside the United States. The bill also adds formal definitions of “felony” and “misdemeanor” for consistency in how crimes are counted, tying the terms to the conviction jurisdiction or to imprisonment terms. The bill was introduced in the House on February 13, 2025, by Rep. Harris (and several co-sponsors), and was referred to the Judiciary Committee. In short, the bill would tighten asylum eligibility for people with criminal convictions and grant DHS broader power to exclude certain outside-the-U.S. political offenses from counting as crimes for asylum purposes, while providing defined terms to standardize interpretation.

Key Points

  • 1Ineligibility for asylum based on final conviction of a felony or misdemeanor, with limited exception.
  • 2DHS authority to designate by regulation outside-the-U.S. political offenses that will not count as crimes for purposes of asylum ineligibility. This authority is limited to political offenses committed outside the United States.
  • 3New definitions added:
  • 4- Felony: any crime defined as a felony by the conviction jurisdiction or punishable by more than one year in prison.
  • 5- Misdemeanor: any crime defined as a misdemeanor by the conviction jurisdiction or not punishable by more than one year in prison.
  • 6The standard uses “final conviction,” potentially excluding individuals with pending charges or certain non-conviction dispositions.
  • 7The bill is strictly an immigration policy change (asylum eligibility) and does not appear to create broader criminal penalties; it relies on regulatory designations for the outside-U.S. exception.
  • 8Status: Introduced in the House on February 13, 2025, sponsored by Rep. Harris of North Carolina and several co-sponsors; referred to the Judiciary Committee.

Impact Areas

Primary group/area affected- Asylum seekers and applicants, especially those with any criminal conviction (felony or misdemeanor) under U.S. immigration law.Secondary group/area affected- U.S. Department of Homeland Security (DHS) and immigration adjudicators who decide asylum cases; defense attorneys and advocates representing asylum seekers with criminal records.Additional impacts- Potential changes in how crimes are defined and counted in asylum decisions, leading to possible shifts in case outcomes and regional variations due to jurisdictional definitions.- Creation of a regulatory pathway for designating outside-the-U.S. political offenses, which could lead to new DHS regulations and potential legal scrutiny or challenges.- Possible changes in backlog dynamics and removal/immigration enforcement outcomes, given altered asylum eligibility criteria.
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