PolicyBrief
H.R. 57
119th CongressJan 3rd 2025
Ending Catch and Release Act of 2025
IN COMMITTEE

The "Ending Catch and Release Act of 2025" amends immigration laws to mandate detention for asylum seekers, expedite removals, and narrow asylum eligibility, effectively ending the practice of releasing individuals into the U.S. while awaiting proceedings. It also prioritizes returning asylum seekers arriving from contiguous territories to those territories for asylum consideration.

Andy Biggs
R

Andy Biggs

Representative

AZ-5

LEGISLATION

New 'Ending Catch and Release Act' Mandates Detention for Asylum Seekers, Tightens Eligibility Rules

The "Ending Catch and Release Act of 2025" really lives up to its name – and not in a good way. This bill, introduced as H.R."[Insert Bill Number Here]", completely reshapes how the U.S. handles asylum seekers, and it's a major shift towards mandatory detention and stricter rules. Let's break down what's happening and what it could mean in the real world.

Lockdown: Detention Becomes the Norm

The core of this bill is simple: almost no more releasing asylum seekers into the U.S. while their cases are pending. Instead, the bill mandates detention. Section 2 amends Section 235(b) of the Immigration and Nationality Act, and it's a doozy. If you arrive seeking asylum, you're going to be detained while an immigration judge considers your case. And if you arrive by land from Mexico or Canada? You'll be sent back to those countries to wait. No parole, no release – period.

  • Real-World Impact: Imagine a family fleeing violence in their home country. They arrive at the U.S. border, hoping for safety. Under this bill, they'd likely be immediately detained, potentially in facilities that are already overcrowded. Or, they could be sent back to Mexico, regardless of whether they have any ties there or face danger in that country, too.

Raising the Bar – Way, Way Up

It's not just about detention. The bill also makes it harder to qualify for asylum in the first place. It changes the standard for eligibility from "there is a significant possibility" that you'd qualify to "it is more likely than not." (Section 2). That might sound like legal jargon, but it's a huge deal. It means you have to prove your case is rock-solid from the get-go, with less room for the benefit of the doubt.

  • Real-World Impact: Think about someone who's escaped persecution but doesn't have all their documents in perfect order. Maybe they fled in a hurry, or maybe evidence is hard to get from their home country. This higher standard could mean they're denied asylum, even if they genuinely fear for their lives.

Fast Track to Removal – Or Indefinite Detention?

The bill also pushes for fast removals – within 72 hours. If that doesn't happen, the person is supposed to be detained until they can be removed. Again, no parole, no release. (Section 2)

  • Real-World Impact: This creates a potential nightmare scenario. What if someone's home country won't take them back? Or what if the U.S. can't arrange travel that quickly? They could end up in detention indefinitely, caught in a legal limbo.

The Bigger Picture: A System Overwhelmed?

While the bill's stated aim might be to streamline the process, the practical effects could be the opposite. More people in detention mean more strain on facilities, potentially leading to overcrowding and worsening conditions. And the tougher asylum standard could mean more appeals and legal challenges, clogging up the system even further. It's also worth noting that this bill could put the U.S. at odds with international agreements about how to treat asylum seekers.

This bill is a major overhaul of the asylum system, and the changes are overwhelmingly geared toward detention and restriction. While some may argue it will deter unfounded claims, the reality is it could also trap vulnerable people in dangerous situations, with limited options for recourse.