HouseH.R. 10800119th Congress

HEART Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10800 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                               H. R. 10800

To amend the Immigration and Nationality Act to establish a process for 
   designating a safe third country and review of safe third country 
                determinations, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 13, 2026

 Mr. Latimer introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend the Immigration and Nationality Act to establish a process for 
   designating a safe third country and review of safe third country 
                determinations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hearings are Essential for Asylum 
Removal to Third-countries Act'' or the ``HEART Act''.

SEC. 2. JURISDICTION OVER DETERMINATION OF SAFE THIRD COUNTRY.

    Section 208(a) of the Immigration and Nationality Act (8 U.S.C. 
1158(a)(3)) is amended--
            (1) by amending paragraph (3) to read as follows:
            ``(3) Judicial review.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no court shall have jurisdiction to 
                review any determination of the Attorney General under 
                paragraph (2).
                    ``(B) Jurisdiction over determination of safe third 
                country.--
                            ``(i) In general.--An alien seeking 
                        judicial review of a determination under 
                        paragraph (2)(A) that such alien may be removed 
                        to a safe third country may present as prima 
                        facie evidence that the alien may not be so 
                        removed any of the following:
                                    ``(I) The bilateral or multilateral 
                                agreement with such third country, 
                                pursuant to which the determination 
                                under paragraph (2)(A) was made, does 
                                not apply to such alien.
                                    ``(II) Such alien's life or liberty 
                                would be threatened in such third 
                                country, on account of race, religion, 
                                nationality, membership in a particular 
                                social group, or political opinion.
                                    ``(III) Such alien would not have 
                                access to a full and fair procedure for 
                                determining a claim to asylum or 
                                equivalent temporary protection in such 
                                third country.
                                    ``(IV) A technical issue related to 
                                the implementation of such bilateral or 
                                multilateral agreement, would interfere 
                                with, prevent, or unduly delay the 
                                removal of such alien, regardless of 
                                whether such issue is included in the 
                                terms of such agreement.
                            ``(ii) Release pending review.--An alien 
                        who seeks judicial review of a determination 
                        under paragraph (2)(A) shall be released from 
                        detention for the duration of such review.''; 
                        and
            (2) by adding at the end the following:
            ``(4) Rulemaking.--Not later than 180 days after the date 
        of enactment of this paragraph, the Secretary of State shall 
        issue a rule setting forth the minimum standards for a country 
        to be designated a safe third country, which shall include--
                    ``(A) due process for immigrants;
                    ``(B) a consistent record of faithfully observing 
                the rule of law;
                    ``(C) an unlikelihood of imminent military conflict 
                or violent domestic unrest;
                    ``(D) a requirement that the country complies with 
                international refugee and human rights conventions; and
                    ``(E) a determination that the country 
                independently possesses the economic resources to 
                provide humanely for refugees engaged in the asylum 
                seeking process.
            ``(5) Certification.--The Secretary of State shall submit a 
        certification to Congress that a country meets the requirements 
        of the rule issued pursuant to paragraph (4) before designating 
        such country as a safe third country.''.
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