S.J.Res. 46Senate117th Congress (2021-2023)Failed

A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Justice and the Department of Homeland Security relating to "Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers".

Introduced April 28, 2022

AI-Generated Summary

Updated February 8, 2026 at 11:00 AM UTC

The joint resolution directs Congress to reject a rule issued by the Department of Justice and the Department of Homeland Security that outlines procedures for credible‑fear screening and the handling of asylum, withholding of removal, and Convention Against Torture (CAT) protection claims by asylum officers. If passed, the rule would be nullified and have no legal effect, affecting how immigration officials process such claims.

Key Provisions

  • Congress formally disapproves the DOJ/DHS rule on credible‑fear screening and asylum‑related procedures.
  • The disapproved rule is declared to have no force or effect.

Legislative Activity

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7 earlier actions
SenateFloor Latest Action

Motion by Senator McConnell to reconsider the vote by which S.J. Res. 46 failed of passage (Record Vote No. 211) entered in Senate.

May 26, 2022

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SenateIntro Referral

Introduced in Senate

April 28, 2022

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

April 28, 2022

SenateCommittee

Senate Committee on the Judiciary discharged, by petition, pursuant to 5 U.S.C. 802(c).

May 25, 2022

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 396.

May 25, 2022

SenateFloor

Measure laid before Senate by unanimous consent.

May 26, 2022

SenateFloor

Failed of passage/not agreed to in Senate: Failed of passage in Senate by Yea-Nay Vote. 46 - 48. Record Vote Number: 211.

May 26, 2022

SenateFloor

Failed of passage in Senate by Yea-Nay Vote. 46 - 48. Record Vote Number: 211. (consideration: CR S2721-2722)

May 26, 2022

SenateFloor

Motion by Senator McConnell to reconsider the vote by which S.J. Res. 46 failed of passage (Record Vote No. 211) entered in Senate.

May 26, 2022

Floor Debate

8 members

What members said about S.J.Res. 46 on the floor

3 Republicans5 Democrats
Robert Menendez
Sen. Robert MenendezD-NJ · May 26, 2022

Mr. President, I am rising to ask unanimous consent to consider the nomination of Leopoldo Martinez. This body should confirm him today to serve as Executive Director of the Inter-American…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Jun 8, 2022

Madam President, like millions of my fellow Americans, I contracted COVID-19 from a close contact. Fortunately, because I am vaccinated and boosted, my symptoms were mostly mild. However, as a…

Roger Marshall
Sen. Roger MarshallR-KS · May 26, 2022

Mr. President, reserving the right to object. This nominee received a tie vote in the Senate Foreign Relations Committee, meaning that he failed to be reported favorably to the floor. This tie vote…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · May 25, 2022

Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 10 a.m., Thursday, May 26, and that following the prayer and pledge, the morning hour be…

John Thune
Sen. John ThuneR-SD · May 26, 2022

The following Senators are necessarily absent: the Senator from Tennessee (Mrs. Blackburn), the Senator from North Dakota (Mr. Cramer), the Senator from Texas (Mr. Cruz), and the Senator from Alaska…

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Richard J. Durbin
Sen. Richard J. DurbinD-IL · May 26, 2022

I announce that the Senator from Oregon (Mr. Merkley), and the Senator from Maryland (Mr. Van Hollen) are necessarily absent.

Mitch McConnell
Sen. Mitch McConnellR-KY · May 26, 2022

Mr. President, I enter a motion to reconsider the vote.

Sherrod Brown
Sen. Sherrod BrownD-OH · May 26, 2022

I ask for the yeas and nays.

Bill Text

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Placed on Calendar SenateIssued May 25, 2022

IIA

Calendar No. 396

117th CONGRESS

2d Session

S. J. RES. 46

IN THE SENATE OF THE UNITED STATES

April 28, 2022

Mr. Johnson (for himself, Mr. Barrasso, Mrs. Blackburn, Mr. Boozman, Mr. Braun, Mr. Cornyn, Mr. Cotton, Mr. Cramer, Mr. Crapo, Mr. Cruz, Mr. Daines, Mr. Graham, Mr. Grassley, Mr. Hagerty, Mr. Hawley, Mr. Hoeven, Mr. Inhofe, Mr. Kennedy, Mr. Lankford, Mr. Lee, Ms. Lummis, Mr. Marshall, Mr. Moran, Mr. Paul, Mr. Risch, Mr. Rubio, Mr. Scott of Florida, Mr. Tillis, Mr. Tuberville, Mr. Wicker, and Mrs. Fischer) introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary

May 25, 2022

Committee discharged, by petition, pursuant to 5 U.S.C. 802(c), and placed on the calendar

JOINT RESOLUTION

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Justice and the Department of Homeland Security relating to Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers.

That Congress disapproves the rule submitted by the Department of Justice and the Department of Homeland Security relating to Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers (87 Fed. Reg. 18078 (March 29, 2022)), and such rule shall have no force or effect.

May 25, 2022

Committee discharged, by petition, pursuant to 5 U.S.C. 802(c), and placed on the calendar