SAFER Act of 2026

Summary#

This bill would add a new rule to Section 208 of the Immigration and Nationality Act. It says the Secretary of Homeland Security or the Attorney General may not grant asylum to a person who has returned to a "country of concern." If someone already has asylum and then returns to a country of concern, their asylum can be ended, they may be subject to denaturalization, and they may face the usual grounds for inadmissibility or deportability under sections 212(a) and 237(a). The bill allows the Secretary of Homeland Security or the Attorney General to waive these rules in individual cases if either the President certifies the travel is for national security purposes or the Secretary of State certifies the country has had a legitimate transfer of power. The bill defines "country of concern" as the person's country of nationality or, for someone with no nationality, their last habitual residence where they applied for asylum.

What it means for you#

  • Asylum seekers: Authorities could deny asylum if the person returned to their country of concern after applying.
  • People already granted asylum: Returning to a country of concern could lead to loss of asylum status and possible denaturalization or removal steps.
  • Stateless people: The country of last habitual residence counts as the "country of concern."
  • Agencies: The Secretary of Homeland Security, the Attorney General, the President, and the Secretary of State have specific roles for enforcement and narrow exceptions.

Expenses#

No publicly available information on the bill's costs or budget effects.

Proponents' View#

No publicly available information on supporters' stated views in the bill text or metadata provided.

Opponents' View#

No publicly available information on opponents' stated views in the bill text or metadata provided.