S5371119th Congress

Stopping Border Surges Act

Sponsored By: Senator Lee, Mike [R-UT]

Introduced

Summary

This bill would tighten asylum rules and speed processing for children and families. It focuses on who can apply for asylum, new safe-third-country rules, faster placement and hearing timelines for unaccompanied children, and tougher fraud and recordkeeping rules.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 1 costs, 3 mixed.

More criminal risk for false asylum claims

If enacted, asylum forms would show a written warning about false claims. The bill would let DHS or the Attorney General find a claim frivolous after the applicant had a chance to explain. A finding would make the person permanently ineligible for immigration benefits under the immigration chapter. It would also create new criminal penalties (fines and/or up to 10 years in prison) for knowingly making material false statements or using forged documents, and extend fraud prosecutions to within 10 years after fraud is discovered.

Harder asylum rules at border

If enacted, this would make it harder for many people to apply for asylum. To apply you would generally have to have arrived at a port of entry. The bill would shorten a filing window from 1 year to 6 months, raise credible‑fear screening to a "more probable than not" standard, and add internal relocation as a reason to deny asylum. Officials would also move some decision powers from the Attorney General to the Secretary of Homeland Security.

New rules for children and families

If enacted, the bill would change how children and families caught at the border are handled. Unaccompanied children who do not meet certain criteria would go to HHS within 30 days and get an immigration‑judge hearing within 14 days after screening. HHS would have to give DHS placement details before placing a child, and must give past placement details for children placed since January 1, 2021 within 90 days of enactment; DHS would check placement adults' immigration status within 30 days and could start removal if they are unlawfully present. The bill would also let DHS detain parents charged only with misdemeanor entry together with their child and would limit release of non‑unaccompanied minors to a parent or legal guardian lawfully present in the U.S.

Broader country return negotiations

If enacted, the Secretary of Homeland Security would be able to negotiate return or placement agreements with any foreign country, not just neighboring countries. This is an administrative change about where the government can arrange returns or placements. It could make returns more likely in some cases, though it does not itself change eligibility rules.

Sponsors & CoSponsors

Sponsor

Lee, Mike [R-UT]

UT • R

Cosponsors

  • Sen. Tuberville, Tommy [R-AL]

    AL • R

    Sponsored 8/7/2026

  • Sen. Britt, Katie Boyd [R-AL]

    AL • R

    Sponsored 8/7/2026

  • Sen. Cruz, Ted [R-TX]

    TX • R

    Sponsored 8/7/2026

  • Sen. Scott, Rick [R-FL]

    FL • R

    Sponsored 8/7/2026

  • Sen. Banks, Jim [R-IN]

    IN • R

    Sponsored 8/7/2026

  • Sen. Cotton, Tom [R-AR]

    AR • R

    Sponsored 9/14/2026

  • Sen. Hawley, Josh [R-MO]

    MO • R

    Sponsored 9/17/2026

Roll Call Votes

No roll call votes available for this bill.

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