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A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Justice and the Department of Homeland Security relating to "Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers".

12/29/2022, 11:48 PM

Summary of Bill SJRES 46

Bill 117 SJRes 46 is a joint resolution that aims to disapprove of a rule submitted by the Department of Justice and the Department of Homeland Security regarding the procedures for credible fear screening and consideration of asylum, withholding of removal, and CAT protection claims by asylum officers. The resolution falls under chapter 8 of title 5, United States Code, which allows Congress to review and potentially overturn regulations proposed by federal agencies.

The rule in question outlines the specific steps and criteria that asylum officers must follow when evaluating an individual's claim for asylum or other forms of protection. This includes conducting credible fear screenings to determine if an individual has a legitimate fear of persecution in their home country, as well as considering factors such as past persecution, membership in a particular social group, or political opinion.

Supporters of the resolution argue that the rule places unnecessary burdens on asylum seekers and could result in legitimate claims being denied. They believe that the rule undermines the United States' commitment to providing refuge to those fleeing persecution and violence. Opponents of the resolution, on the other hand, argue that the rule is necessary to ensure that asylum claims are thoroughly vetted and that only those who truly meet the criteria for protection are granted asylum. They believe that the rule helps to prevent fraudulent claims and abuse of the asylum system. Overall, Bill 117 SJRes 46 represents a contentious debate over the balance between protecting national security and upholding the United States' tradition of providing asylum to those in need. The resolution will now be considered by Congress, where lawmakers will vote on whether to approve or disapprove of the rule submitted by the Department of Justice and the Department of Homeland Security.

Congressional Summary of SJRES 46

This joint resolution nullifies the interim final rule submitted by the Department of Justice and the Department of Homeland Security and published on March 29, 2022, concerning procedures for the consideration of asylum claims and other related issues. (Among other changes, the interim final rule requires an asylum seeker subject to expedited removal to be screened by an asylum officer for a credible fear of persecution or torture, rather than a credible fear of persecution, reasonable possibility of persecution, or reasonable possibility of torture.)

Current Status of Bill SJRES 46

Bill SJRES 46 is currently in the status of Failed in Senate since May 26, 2022. Bill SJRES 46 was introduced during Congress 117 and was introduced to the Senate on April 28, 2022.  Bill SJRES 46's most recent activity was Motion by Senator McConnell to reconsider the vote by which S.J. Res. 46 failed of passage (Record Vote No. 211) entered in Senate. as of May 26, 2022

Bipartisan Support of Bill SJRES 46

Total Number of Sponsors
1
Democrat Sponsors
0
Republican Sponsors
1
Unaffiliated Sponsors
0
Total Number of Cosponsors
60
Democrat Cosponsors
0
Republican Cosponsors
60
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill SJRES 46

Primary Policy Focus

Immigration

Potential Impact Areas

- Administrative law and regulatory procedures
- Administrative remedies
- Border security and unlawful immigration
- Congressional oversight
- Department of Homeland Security
- Immigration status and procedures
- Refugees, asylum, displaced persons

Alternate Title(s) of Bill SJRES 46

A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Justice and the Department of Homeland Security relating to "Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers".
A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Justice and the Department of Homeland Security relating to "Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers".

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