H.R. 8240: Stopping Asylum Fraudsters Enforcement and Removal Act of 2026

The "Stopping Asylum Fraudsters Enforcement and Removal Act of 2026," also referred to as the "SAFER Act of 2026," proposes changes to the process of granting asylum in the United States. The main points of the bill are summarized below:

Prohibition on Asylum Granting

The bill specifies that the Secretary of Homeland Security or the Attorney General cannot grant asylum to individuals who have returned to what is termed a "country of concern." This means that if an individual has left the U.S. after applying for asylum and then returns to their home country (or another designated country of concern), they will not be eligible for asylum upon their return to the U.S.

Termination of Asylum Status

If an individual who has already been granted asylum decides to return to their country of concern, their asylum status would be revoked. In such cases, they may face:

• Denaturalization, which means they could lose their legal status as a U.S. citizen.
• Deportation or being deemed inadmissible under existing immigration laws.

Waivers for Exceptions

There are provisions for exceptions to the aforementioned prohibitions. The Secretary of Homeland Security or the Attorney General may grant a waiver on a case-by-case basis if:

• The President certifies that the individual is traveling for reasons related to national security.
• The Secretary of State certifies that the country of concern has undergone a legitimate transfer of power and the situation has changed sufficiently to allow for safe return.

Definition of "Country of Concern"

The bill defines "country of concern" as:

• The individual’s country of nationality, or
• For those without nationality, the country where they last habitually resided and for which they applied for asylum.

Overall Impact

The primary aim of this legislation is to deter what the bill identifies as abuse of the asylum process, specifically targeting individuals who seek asylum and subsequently return to countries perceived as unsafe or problematic. This could lead to significant changes in how asylum cases are handled in the U.S., affecting both applicants and existing asylum holders.

Relevant Companies

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