[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1679 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1679

     To amend the Immigration and Nationality Act with respect to 
                       nonrefoulement and asylum.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 2, 1993

 Mr. Mazzoli introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend the Immigration and Nationality Act with respect to 
                       nonrefoulement and asylum.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Asylum Reform Act of 1993''.

SEC. 2. NONREFOULEMENT AND ASYLUM.

    (a) In General.--Section 208 of the Immigration and Nationality Act 
is amended to read as follows:

``SEC. 208. NONREFOULEMENT AND ASYLUM.

    ``(a) Nonrefoulement.--
            ``(1) Right to apply.--An alien physically present in the 
        United States or at a land border or port of entry, 
        irrespective of such alien's status, may apply for 
        nonrefoulement in accordance with this section.
            ``(2) Conditions for granting.--
                    ``(A) In general.--The Attorney General shall grant 
                nonrefoulement to an alien if the alien applies for 
                nonrefoulement in accordance with the requirements of 
                this section and establishes that it is more likely 
                than not that in the country of nationality (or, in the 
                case of a person having no nationality, the country in 
                which such alien last habitually resided) such alien's 
                life or freedom would be threatened on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to an alien if the Attorney General determines that--
                            ``(i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                            ``(ii) the alien, having been convicted by 
                        a final judgment of a particularly serious 
                        crime, constitutes a danger to the community of 
                        the United States;
                            ``(iii) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                            ``(iv) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States; or
                            ``(v) a country willing to accept the alien 
                        has been identified (other than the country 
                        described in subparagraph (A)) to which the 
                        alien can be deported or returned and the alien 
                        does not establish that it is more likely than 
                        not that the alien's life or freedom would be 
                        threatened in such country on account of race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion.
        For purposes of clause (ii), an alien who has been convicted of 
        an aggravated felony shall be considered to have committed a 
        particularly serious crime.
            ``(3) Nonrefoulement status.--In the case of any alien 
        granted nonrefoulement under paragraph (2), the Attorney 
        General, in accordance with this section--
                    ``(A) shall not deport or return the alien to the 
                country described under paragraph (2)(A);
                    ``(B) shall authorize the alien to engage in 
                employment in the United States and provide the alien 
                with an `employment authorized' endorsement or other 
                appropriate work permit; and
                    ``(C) may allow the alien to travel abroad with the 
                prior consent of the Attorney General.
            ``(4) Termination.--Nonrefoulement status granted under 
        paragraph (2) may be terminated if the Attorney General, 
        pursuant to such regulations as the Attorney General may 
        prescribe, determines that--
                    ``(A) the alien no longer meets the conditions 
                described in paragraph (2)(A) owing to a change in 
                circumstances in the alien's country of nationality or, 
                in the case of an alien having no nationality, in the 
                country in which the alien last habitually resided;
                    ``(B) the alien meets a condition described in 
                paragraph (2)(B); or
                    ``(C) a country willing to accept the alien has 
                been identified (other than the country described in 
                paragraph (2)(A)) to which the alien can be deported or 
                returned and the alien cannot establish that it is more 
                likely than not that the alien's life or freedom would 
                be threatened in such country on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion.
            ``(5) Acceptance by another country.--In the case of an 
        alien described in paragraph (2)(B)(v) or paragraph (4)(C), the 
        alien's deportation or return shall be directed by the Attorney 
        General in the sole discretion of the Attorney General, to any 
        country which is willing to accept the alien into its territory 
        (other than the country described in paragraph (2)(A)).''.
    ``(b) Nonrefoulement Procedure.--
            ``(1) Applications.--
                    ``(A) In general.--
                            ``(i) Deadline.--Subject to clause (ii), an 
                        alien's application for nonrefoulement shall 
                        not be considered under this section unless--
                                    ``(I) the alien has filed, not 
                                later than 7 days after entering or 
                                coming to the United States, notice of 
                                intention to file such an application, 
                                and
                                    ``(II) such application is actually 
                                filed not later than 30 days after the 
                                date of filing such notice of 
                                intention.
                            ``(ii) Exception.--An application for 
                        nonrefoulement may be considered, 
                        notwithstanding that the requirements of clause 
                        (i) have not been met, only if the alien 
                        demonstrates by clear and convincing evidence 
                        changed circumstances in the alien's country of 
                        nationality (or in the case of an alien with no 
                        nationality, in the country where the alien 
                        last habitually resided) affecting eligibility 
                        for nonrefoulement.
                    ``(B) Requirements.--An application for 
                nonrefoulement shall not be considered unless the alien 
                submits to the taking of fingerprints and a photograph 
                in a manner determined by the Attorney General.
                    ``(C) Fees.--The Attorney General may provide for a 
                reasonable fee for the consideration of an application 
                for nonrefoulement or for any proceeding or filing 
                connected therewith.
                    ``(D) Privilege of counsel.--
                            ``(i) Notice.--At the time of filing a 
                        notice of intention to apply for 
                        nonrefoulement, the alien shall be advised of 
                        the privilege of being represented (at no 
                        expense to the government) by such counsel, 
                        authorized to practice in such proceedings, as 
                        the alien shall choose.
                            ``(ii) Provision of list of counsel.--The 
                        Attorney General shall provide for lists 
                        (updated not less often than quarterly) of 
                        persons who have indicated their availability 
                        to represent pro bono aliens in nonrefoulement 
                        proceedings. Such lists shall be provided to 
                        the alien at the time of filing of notice of 
                        intention to apply for nonrefoulement, and 
                        otherwise be made generally available.
            ``(2) Consideration of applications; hearings.--
                    ``(A) Nonrefoulement officers.--Applications for 
                nonrefoulement shall be considered by officers of the 
                Service (referred to in this Act as `nonrefoulement 
                officers') who are specially designated by the Service 
                as having special training and knowledge of 
                international conditions and human rights records of 
                foreign countries.
                    ``(B) Scheduling of hearings.--
                            ``(i) In general.--Upon the filing of an 
                        application for nonrefoulement, a 
                        nonrefoulement officer, at the earliest 
                        practicable time and after consultation with 
                        the attorney for the Government and the 
                        attorney (if any) for the applicant, shall set 
                        the application for hearing on a day certain or 
                        list it on a weekly or other short-term 
                        calendar, so as to assure a speedy hearing.
                            ``(ii) Deadline.--Unless the applicant (or 
                        an attorney for the applicant) consents in 
                        writing to the contrary, the hearing on the 
                        nonrefoulement application shall commence not 
                        later than 45 days after the date the 
                        application was filed.
                    ``(C) Public hearings.--A hearing on a 
                nonrefoulement application shall be open to the public 
                unless the applicant requests that it be closed to the 
                public.
                    ``(D) Rights in hearings.--During such hearing, the 
                applicant shall have the privilege of the assistance 
                and participation of counsel (as provided under 
                paragraph (1)(D)) and shall be entitled to present 
                evidence and witnesses, to examine and object to 
                evidence presented by the Government, and to cross-
                examine all witnesses presented by the Government.
                    ``(E) Transcript of hearings.--A complete record of 
                the proceedings and of all testimony and evidence 
                produced at the hearing shall be kept. The hearing 
                shall be recorded verbatim. The Attorney General and 
                the Service shall provide that a transcript of a 
                hearing held under this section is made available not 
                later than 10 days after the date of completion of the 
                hearing.
                    ``(F) Deadline for determinations on 
                applications.--The officer shall render a determination 
                on the application not later than 30 days after the 
                date of completion of the hearing. The determination of 
                the officer shall be based only on the evidence 
                produced at the hearing.
                    ``(G) Resource allocation.--The Attorney General 
                shall allocate sufficient resources so as to assure 
                that applications for nonrefoulement are heard and 
                determined on a timely basis.
                    ``(H) Sanctions for failure to appear.--
                            ``(i) Subject to clause (ii), the 
                        application for nonrefoulement of an alien who 
                        does not appear for a hearing on such 
                        application shall be summarily dismissed unless 
                        the alien can show exceptional circumstances 
                        (as defined in section 242B(f)(2)) as 
                        determined by the nonrefoulement officer.
                            ``(ii) Clause (i) shall not apply if 
                        written and oral notice were not provided as 
                        required by section 242B(e)(4)(B).
                    ``(I) Finality of determinations.--
                            ``(i) In general.--The decision of the 
                        nonrefoulement officer shall be the final 
                        administrative determination of a claim for 
                        nonrefoulement.
                            ``(ii) Treatment of cases in exclusion or 
                        deportation.--If proceedings are instituted 
                        against an alien under section 235 or 242 of 
                        this Act and the alien files an application for 
                        nonrefoulement based on circumstances described 
                        in subsection (b)(1)(A)(ii), the nonrefoulement 
                        officer shall render, on an expedited basis, a 
                        decision on the application. The decision of 
                        the nonrefoulement officer shall be the final 
                        administrative determination of a claim for 
                        nonrefoulement.
            ``(3) Treatment of classes of aliens.--
                    ``(A) Designation.--In the sole discretion of the 
                Attorney General, the Attorney General may designate--
                            ``(i) any class of aliens who are nationals 
                        or residents of a foreign state for which the 
                        Attorney General determines that a high 
                        percentage of that class of aliens have been 
                        granted nonrefoulement under subsection 
                        (a)(2)(A) in the 6-month period prior to the 
                        designation of such class; or
                            ``(ii) any class of aliens who are 
                        nationals or residents of a foreign state for 
                        which the Attorney General determines that a 
                        high percentage of that class of nationals or 
                        residents would be granted nonrefoulement 
                        status under subsection (a)(2)(A) in the 6-
                        month period after designation.
                    ``(B) Aliens in designated classes.--An alien who 
                is within one of the designated classes under 
                subparagraph (A) shall be presumed to have fulfilled 
                the requirement under subsection (a)(2)(A) of 
                establishing that such alien's life or freedom would be 
                threatened on account of race, religion, nationality, 
                membership in a particular social group, or political 
                opinion.
                    ``(C) Periodic review.--The Attorney General shall 
                periodically review the status of any class of aliens 
                designated under subparagraph (A) to determine whether 
                conditions continue to warrant such designation. The 
                Attorney General shall have the authority to terminate, 
                without notice or review, any designation under 
                subparagraph (A).
    ``(c) Asylum.--
            ``(1) Adjustment of status.--Under such regulations as the 
        Attorney General may prescribe, the Attorney General shall 
        adjust to the status of an alien granted asylum the status of 
        any alien granted nonrefoulement under subsection (a)(2)(A) 
        who--
                    ``(A) applies for such adjustment;
                    ``(B) has been physically present in the United 
                States for at least 1 year after being granted 
                nonrefoulement;
                    ``(C) continues to be eligible for nonrefoulement 
                under this section;
                    ``(D) is not firmly resettled in any foreign 
                country; and
                    ``(E) is admissible under this Act at the time of 
                examination for adjustment of status under this 
                subsection.
            ``(2) Treatment of spouse and children.--A spouse or child 
        (as defined in section 101(b)(A), (B), (C), (D), or (E)) of an 
        alien whose status is adjusted to that of an alien granted 
        asylum under paragraph (a)(2) may be granted the same status as 
        the alien if accompanying, or following to join, such alien.
            ``(3) Application fees.--The Attorney General may impose a 
        reasonable fee for the filing of an application for adjustment 
        of status under this subsection.''.
    (b) Clerical Amendment.--The item in the table of contents of such 
Act relating to section 208 is amended to read as follows:

``Sec. 208. Nonrefoulement and asylum.''.

SEC. 3. FAILURE TO APPEAR FOR NONREFOULEMENT HEARING; JUDICIAL REVIEW.

    (a) Failure to Appear for Nonrefoulement Hearing.--Section 
242B(e)(4) of the Immigration and Nationality Act (8 U.S.C. 
1252b(e)(4)) is amended--
            (1) in the heading, by striking ``asylum'' and inserting 
        ``nonrefoulement'';
            (2) by striking ``asylum'' each place it appears and 
        inserting ``nonrefoulement''; and
            (3) in subparagraph (A), by striking all after clause (iii) 
        and inserting ``shall not be eligible for any benefits under 
        this Act.''.
    (b) Judicial Review.--Section 106 of such Act (8 U.S.C. 1105a) is 
amended by adding at the end the following subsection:
    ``(d) The procedure prescribed by, and all the provisions of 
chapter 158 of title 28, United States Code, shall apply to, and shall 
be the sole and exclusive procedure for, the judicial review of all 
final orders granting or denying nonrefoulement, except that--
            ``(1) a petition for review may be filed not later than 90 
        days after the date of the issuance of the final order granting 
        or denying nonrefoulement;
            ``(2) the venue of any petition for review under this 
        subsection shall be in the judicial circuit in which the 
        administrative proceedings before a nonrefoulement officer were 
        conducted in whole or in part, or in the judicial circuit 
        wherein is the residence, as defined in this Act, of the 
        petitioner, but not in more than one circuit; and
            ``(3) notwithstanding any other provision of law, a 
        determination granting or denying nonrefoulement based on 
        changed circumstances pursuant to section 208(b)(1)(A)(ii) 
        shall be in the sole discretion of the Attorney General.''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Limitation on Deportation.--Section 243 of the Immigration and 
Nationality Act (8 U.S.C. 1253) is amended by striking subsection (h).
    (b) Adjustment of Status.--Section 209(b) of such Act (8 U.S.C. 
1159(b)) is amended--
            (1) in paragraph (2) by striking ``one year'' and inserting 
        ``2 years''; and
            (2) by amending paragraph (3) to read as follows:
            ``(3) continues to be eligible for nonrefoulement under 
        section 208,''.
    (c) Aliens Ineligible for Temporary Protected Status.--Section 
244A(c)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1254a(c)(2)(B)(ii)) is amended by striking ``section 243(h)(2)'' and 
inserting ``clauses (i), (ii), (iii), or (iv) of section 
208(a)(2)(B)''.
    (d) Eligibility for Naturalization.--Section 316(f)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1427(f)(1)) is amended by 
striking ``subparagraphs (A) through (D) of paragraph 243(h)(2)'' and 
inserting ``clauses (i), (ii), (iii), or (iv) of section 
208(a)(2)(B).''.
    (e) Family Unity.--Section 301(e) of the Immigration Act of 1990 
(P.L. 101-649) is amended by striking ``section 243(h)(2)'' and 
inserting ``clauses (i), (ii), (iii), or (iv) of section 
208(a)(2)(B).''.

SEC. 5. EFFECTIVE DATES.

    (a) In General.--Except as otherwise provided, the amendments made 
by this Act shall take effect on the date of the enactment of this Act.
    (b) Exceptions.--
            (1) The amendments made by this Act shall not apply to 
        applications for asylum or withholding of deportation made 
        before the first day of the first month that begins more than 
        180 days after the date of the enactment of this Act and no 
        application for nonrefoulement under section 208 of the 
        Immigration and Nationality Act (as amended by section 2 of 
        this Act) shall be considered before such first day.
            (2) In applying section 208(b)(1)(A) of the Immigration and 
        Nationality Act (as amended by this Act) in the case of an 
        alien who has entered or came to the United States before the 
        first day described in paragraph (1), notwithstanding the 
        deadlines specified in such section--
                    (A) the deadline for the filing of a notice of 
                intention to file an application for nonrefoulement is 
                30 days after such first day, and
                    (B) the deadline for the filing of the application 
                for nonrefoulement is 30 days after the date of filing 
                such notice.
            (3) The amendments made by section 4(b) (relating to 
        adjustment of status) shall not apply to aliens granted asylum 
        under section 208 of the Immigration and Nationality Act, as in 
        effect before the date of the enactment of this Act.

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HR 1679 IH----2