SenateS. 4771119th Congress

Protecting Asylum Integrity Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4771 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  2d Session
                                S. 4771

 To amend the Immigration and Nationality Act to require the Secretary 
of Homeland Security to collect a fee for credible fear interviews, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2026

  Mr. Scott of Florida introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend the Immigration and Nationality Act to require the Secretary 
of Homeland Security to collect a fee for credible fear interviews, 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 ``Protecting Asylum Integrity Act''.

SEC. 2. CREDIBLE FEAR PROCESSING FEE.

    (a) Findings.--Congress makes the following findings:
            (1) The Immigration and Nationality Act (8 U.S.C. 1101 et 
        seq.) expressly authorizes the Secretary of Homeland Security 
        to prescribe and collect fees for the processing of immigration 
        applications, benefits, and claims, including through the 
        Immigration Examinations Fee Account established under section 
        286(m) of that Act (8 U.S.C. 1356(m)).
            (2) The credible fear interview required under section 
        235(b)(1) of that Act (8 U.S.C. 1225(b)(1)) is a statutorily 
        mandated component of the expedited removal process and serves 
        as the threshold step for individuals seeking to pursue asylum 
        or other protection claims.
            (3) Credible fear screenings impose substantial 
        administrative, personnel, and operational costs on U.S. 
        Citizenship and Immigration Services and the Department of 
        Homeland Security, including costs relating to officer time, 
        interpreter services, detention support, and downstream 
        processing of positive determinations.
            (4) A reasonable user fee for credible fear processing--
                    (A) is consistent with longstanding congressional 
                policy of recovering costs associated with immigration 
                claims processing;
                    (B) promotes fiscal responsibility;
                    (C) deters the filing of frivolous or meritless 
                claims; and
                    (D) generates revenue that can be used to support 
                border security and immigration enforcement activities.
            (5) The imposition of such a fee is a budgetary measure 
        that will increase Federal revenues.
    (b) Credible Fear Processing Fee.--Section 235(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)) is amended by 
adding at the end the following new subparagraph:
                    ``(H) Fee for credible fear processing.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security shall assess and collect a 
                        fee of not less than $100 for each credible 
                        fear interview conducted under this paragraph. 
                        Such fee shall be collected before such 
                        interview is conducted.
                            ``(ii) Adjustment for inflation.--The 
                        amount of the fee under clause (i) shall be 
                        adjusted annually, beginning in fiscal year 
                        2027, for inflation using the Consumer Price 
                        Index for All Urban Consumers published by the 
                        Bureau of Labor Statistics, in the same manner 
                        as civil monetary penalties are adjusted under 
                        the Federal Civil Penalties Inflation 
                        Adjustment Act Improvements Act of 1990 (Public 
                        Law 101-410; 28 U.S.C. 2461 note).
                            ``(iii) Deposit of fees.--Notwithstanding 
                        any other provision of law, 50 percent of the 
                        fees collected under this subparagraph shall be 
                        deposited into the Immigration Examinations Fee 
                        Account established under section 286(m) and 
                        shall be available to U.S. Citizenship and 
                        Immigration Services, without further 
                        appropriation, for processing and operations. 
                        The remaining 50 percent of such fees collected 
                        shall be deposited into the general fund of the 
                        Treasury.''.
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