The "Refugees Using Legal Entry Safely Act" modifies asylum eligibility by requiring asylum seekers to apply only at ports of entry and prohibits their parole or release into the United States while their application is pending. This act does not apply to individuals apprehended within the U.S. after entering illegally or overstaying a visa.
Anna Luna
Representative
FL-13
The "Refugees Using Legal Entry Safely Act" or "RULES Act" modifies asylum eligibility by requiring aliens to apply for asylum only at a port of entry, regardless of status. It prohibits the parole or release of any alien applying for asylum at a port of entry and removes considerations for safe third countries. This act does not apply to aliens apprehended in the U.S. after entering without inspection or overstaying their visa.
RULES Act: New Bill Restricts Asylum Seekers to Ports of Entry, Blocks Release into U.S.
The "Refugees Using Legal Entry Safely Act," or RULES Act, significantly reshapes the U.S. asylum process. It mandates that all asylum claims can only be made at official ports of entry. It also changes who can make the final decision on asylum claims.
Port of Entry Only, No Exceptions?
The core of the RULES Act is a major shift in where someone can seek asylum. Under SEC. 2, anyone wanting asylum must apply at a designated port of entry. This seems straightforward on the surface, but it raises some real-world questions. Think about someone fleeing immediate danger – are they always going to be able to reach an official port? The bill doesn't offer any flexibility on this point.
This bill also addresses how asylum seekers are treated while their applications are processed. SEC. 2 explicitly prohibits their release into the U.S., overriding existing provisions (section 236(a)(2)). What this means in practice is likely prolonged detention, regardless of individual circumstances. For a family escaping violence, this could mean significant time in a detention facility.
Who's Out of Luck?
Here's where it gets even tighter: if you entered the U.S. without inspection or overstayed a visa, the port-of-entry option is off the table, according to SEC. 2. So, if someone crossed the border to escape immediate danger, or stayed longer than a visa allowed due to fear of returning home, they're excluded from even applying at a port. The bill offers no alternative path for them.
Who Decides?
The RULES Act also changes who gets the final say on asylum applications. Previously, it was solely the Attorney General. Now, under SEC. 2, it's the "Attorney General or the Secretary of Homeland Security, as applicable." This shift in authority could mean a different approach to evaluating asylum claims, depending on who's in charge.
The Big Picture
While the bill's stated aim might be to streamline the asylum process, its practical effects are likely to be far-reaching. By limiting applications to ports of entry and prohibiting release, it creates significant hurdles for asylum seekers. The exclusion of those who entered without inspection or overstayed visas raises concerns about access to protection for vulnerable individuals. And the shift in decision-making power to the Secretary of Homeland Security adds another layer of uncertainty to an already complex process.