# 116-hr-9040: Protect Asylum Seekers Act

116-hr-9040, Protect Asylum Seekers Act, is a 116th Congress bill sponsored by Rep. Amash, Justin [R-MI-3] (R-MI); status Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (as of 2025-11-18).

- Canonical: https://policyrisk.com/legislation/116-hr-9040
- As of: 2025-11-18
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 116-hr-9040
- Congress: 116
- Title: Protect Asylum Seekers Act
- Status: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Introduced: 2020-12-21
- Sponsor: Rep. Amash, Justin [R-MI-3] (R-MI)
- Cosponsors: 0
- Policy area: Immigration
- Touches household money: no
- Last recorded action: 2025-11-18

## Summary

Protect Asylum Seekers Act This bill limits the separation of alien families and provides protections for asylum seekers. Certain civil and criminal penalties related to improper entry into the United States shall not apply if, after entering the United States, an alien without delay communicates to an immigration or asylum officer a non-fraudulent (1) desire to seek asylum, or (2) fear of persecution. The Departments of Homeland Security (DHS), Justice, and Health and Human Services shall not separate a child from a parent or legal guardian unless a state court terminates the parent or legal guardian's rights; a state child welfare agency or court determines it is in the child's best interests to be removed; or the child is determined to be a trafficking victim or at risk of becoming one, the accompanying adult is most likely not the parent or legal guardian, or the child is in danger of abuse or neglect. An agency may not separate a child from a parent or legal guardian solely to deter migration into the United States or to promote compliance with immigration laws. DHS shall develop (1) training related to the bill's family separation requirements, and (2) guidance for how parents and legal guardians may locate a separated child. DHS shall provide parents and legal guardians periodic status updates about a separated child. The Government Accountability Office shall report to Congress on the criminal prosecution of asylum seekers.

## Related bills

- 116-hr-9041: National Emergencies Reform Act
- 116-hr-9039: Practical Alternatives to Detention Act
- 116-hr-9026: FISA Oversight Correction Act
- 116-hr-9025: Intelligence Community Congressional Whistleblowing Improvement Act
- 116-hr-8997: Civil Asset Forfeiture Elimination Act
- 116-hr-8996: Jones Act Repeal Act

## Sources
- [116-hr-9040 on Congress.gov](https://www.congress.gov/bill/116th-congress/house-bill/9040)

## Related
- [116-hr-9041: National Emergencies Reform Act](https://policyrisk.com/legislation/116-hr-9041)
- [116-hr-9039: Practical Alternatives to Detention Act](https://policyrisk.com/legislation/116-hr-9039)
- [116-hr-9026: FISA Oversight Correction Act](https://policyrisk.com/legislation/116-hr-9026)
- [116-hr-9025: Intelligence Community Congressional Whistleblowing Improvement Act](https://policyrisk.com/legislation/116-hr-9025)
- [116-hr-8997: Civil Asset Forfeiture Elimination Act](https://policyrisk.com/legislation/116-hr-8997)
- [116-hr-8996: Jones Act Repeal Act](https://policyrisk.com/legislation/116-hr-8996)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/116-hr-9040 (as of 2025-11-18).