The "RULES Act" modifies asylum eligibility by requiring asylum seekers to apply only at ports of entry and prohibits their parole or release into the U.S., while also revising certain asylum application procedures. This act does not apply to individuals who have already entered the U.S. without inspection or have overstayed their authorized period.
Bernie Moreno
Senator
OH
The "Refugees Using Legal Entry Safely Act" modifies asylum eligibility by requiring aliens to apply for asylum only at a U.S. port of entry and prohibits their parole or release into the United States. These restrictions would not apply to aliens who have already entered the U.S. without inspection or have overstayed their authorized period of stay.
RULES Act: Asylum Seekers Must Apply at Ports of Entry, No Parole Allowed
The "Refugees Using Legal Entry Safely Act," or RULES Act, changes the game for asylum seekers. It amends the Immigration and Nationality Act, basically rewriting who can apply for asylum and how. Here’s the core of it: if you’re seeking asylum, you must apply at an official U.S. port of entry. No exceptions.
Port of Entry or No Entry
The biggest change is that asylum applications are now restricted to ports of entry. This means that anyone wanting to apply for asylum has to do it at an official entry point. Section 2 of the bill spells this out clearly. And, forget about being released while your application is pending – the bill specifically prohibits parole or release for asylum seekers applying at a port of entry.
Real-World Impact
Imagine a family fleeing danger. They arrive at the border, hoping for safety. Under this bill, if they don't make it to an official port of entry, their chances of getting asylum are drastically reduced. If they do make it to a port of entry, they're essentially guaranteed to be detained while their application is processed, with no chance of parole. It’s a major shift from how things work now, and it could mean a lot more people stuck in detention centers.
The DHS Angle
The bill also gives more power to the Secretary of Homeland Security. Where the law used to say "Attorney General," it now says "Attorney General or the Secretary of Homeland Security, as applicable" throughout the relevant section. This shift could change how asylum cases are handled and who makes the final decisions.
Two Tiers of Asylum?
Here's a critical distinction: The bill creates two classes of asylum seekers. Those who apply at a port of entry, and those who are caught after entering the U.S. without going through an official checkpoint (or who overstay a visa). The rules are different for each group. This could set up a system where people are treated differently under the law based solely on how they arrived, which is a pretty big deal.
Challenges Ahead
Beyond the immediate impact, there are some serious practical questions. What exactly counts as a "port of entry"? A misinterpretation could mean legitimate asylum claims get tossed out. The bill doesn't offer a definition, and that lack of clarity is a red flag. Plus, longer detention times are almost guaranteed, and that comes with real human and financial costs. The bill doesn't address how an increase in detentions will be managed or funded.