HR 57119th CongressIn Committee

Ending Catch and Release Act of 2025

Introduced: Jan 3, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Ending Catch and Release Act of 2025 would drastically tighten how asylum seekers are processed at the border by rewriting key parts of the Immigration and Nationality Act (INA). The bill would bar the Department of Homeland Security (and related agencies) from paroleing or releasing most asylum applicants into the United States during their immigration proceedings. Instead, many individuals would be detained for further asylum review, or, if they entered via land from a country contiguous to the United States, returned to that country for continued consideration by an immigration judge. The bill also requires swift removal when possible (within 72 hours) and adds a stricter standard for asylum eligibility, replacing the current test with a higher likelihood-of-eligibility standard. In short, the bill aims to end “catch and release” by keeping more asylum seekers in custody or abroad while their cases are decided, rather than allowing them to remain in the U.S. during proceedings. The measure would modify several provisions of INA Section 235(b), replacing references to the Attorney General with the Secretary, and altering detention, return, and parole language for applicants who arrive at the border with potential asylum claims. It also tightens the process for those who cannot be quickly removed, reinforcing detention and restricts parole at multiple decision points. Sponsor: Mr. Biggs (AZ) and Ms. Mace. Status: Introduced in the 119th Congress; referred to the Judiciary Committee. As introduced, this is a proposal and has not become law; it could be amended or rejected as it moves through the legislative process.

Key Points

1Prohibition on parole or release: The Secretary may not parole or otherwise release asylum applicants into the United States under the amended provisions of INA 235(b) for the listed pathways and situations.
2Detention or return rather than release: For many asylum applicants, the bill requires that they be detained for further asylum proceedings by an immigration judge, or, if they arrived by land from a country contiguous to the U.S., returned to that country for further proceedings, instead of being released into the United States.
3Contiguous-territory return option: Arrivals on land from a country contiguous to the United States must be returned to that territory for continued asylum proceedings (instead of being released into the U.S.).
472-hour removal and detention if removal is not possible: The Secretary must remove the alien within 72 hours when feasible; if removal cannot occur promptly, the alien must be detained until removal, and again may not be paroled or released.
5Higher asylum eligibility standard: The bill changes the assessment of whether the applicant could establish asylum to require that it is more likely than not that the applicant will be able to establish eligibility under INA section 208, tightening the evidentiary threshold compared to prior practice.

Impact Areas

Primary group/area affected- Asylum applicants and border entrants: The policy would affect whether they are released into the U.S. or detained/returned abroad during the asylum process.Secondary group/area affected- U.S. Department of Homeland Security (DHS) and immigration enforcement actors: The bill would shape detention capacity needs, processing timelines, and enforcement posture at the border.- Immigration courts and judges: The changes would influence how and where asylum cases are adjudicated (detentions, expedited removals, and returns to contiguous territories).Additional impacts- Detention capacity and costs: Increased detention requirements could raise costs and impact facilities and staffing.- International and humanitarian considerations: Tighter release rules may raise concerns about due process, family unity, and potential interactions with international asylum and refugee protection norms.- Border-state dynamics: States along the southern border may experience operational and political effects related to detention policies and asylum caseloads.- Legal and procedural changes: The replacement of “Attorney General” with “Secretary” and the redefinition of several procedural steps could affect who has authority and how quickly cases move.The bill as introduced is a proposal and would need to pass both houses of Congress and be signed by the President (or survive a veto override) to become law.The text specifies substantive changes to sections of the INA, particularly 235(b), including how and when parole or release is permissible, how detainees are handled, and the standard for asylum eligibility.

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