[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3223 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3223

  To amend the Immigration and Nationality Act to establish fair and 
 expedited procedures for adjudicating political asylum claims and to 
             prevent fraud and abuse in the asylum process.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 1993

Mr. Becerra (for himself and Mr. Nadler) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to establish fair and 
 expedited procedures for adjudicating political asylum claims and to 
             prevent fraud and abuse in the asylum process.

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

SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Asylum Abuse 
Prevention and System Improvements Act of 1993''.
    (b) References to Immigration and Nationality Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Immigration and Nationality 
Act.
    (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; references in Act; table of contents.
Sec. 2. Criminal penalty for assisting in fraudulent asylum 
                            applications.
Sec. 3. Procedures for adjudicating political asylum claims.
Sec. 4. Detention and release.
Sec. 5. Increased resources for asylum adjudications.
Sec. 6. Report to congress on reduction in backlog of pending asylum 
                            cases.
Sec. 7. Use of immigration emergency fund.
Sec. 8. Definitions.
Sec. 9. Effective date.

SEC. 2. CRIMINAL PENALTY FOR ASSISTING IN FRAUDULENT ASYLUM 
              APPLICATIONS.

    (a) In General.--Section 275 (8 U.S.C. 1325) is amended by adding 
at the end the following new subsection:
    ``(d) Any person who knowingly for the purpose of commercial 
advantage or private financial gain assists an alien in misrepresenting 
a material fact in an application for asylum or induces an alien to 
make a misrepresentation of a material fact in an asylum application, 
for each transaction constituting a violation of this subsection, 
regardless of the number of aliens involved, shall--
            ``(1) be fined in accordance with title 18, United States 
        Code, or imprisoned for not more than 5 years, or both; or
            ``(2) in the case of a second or subsequent offense be 
        fined in accordance with title 18, United States Code, or 
        imprisoned not more than 10 years, or both.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to violations occurring on or after the date of the enactment of 
this Act.

SEC. 3. PROCEDURES FOR ADJUDICATING POLITICAL ASYLUM CLAIMS.

    (a) In General.--Section 208 (8 U.S.C. 1158) is amended--
            (1) by amending the heading to read as follows:

                              ``asylum'';

            (2) by striking subsection (a) and inserting the following:
    ``(a) In General.--
            ``(1) Application for asylum.--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 asylum in 
        accordance with this section.
            ``(2) Conditions for granting asylum.--Under such 
        regulations as the Attorney General may prescribe, the Attorney 
        General may, in the discretion of the Attorney General, grant 
        asylum to an alien if the alien applies for asylum and 
        establishes that the alien is a refugee within the meaning of 
        section 101(a)(42)(A).'';
            (3) by redesignating subsections (b) through (d) as (c) 
        through (e), respectively; and
            (4) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Asylum Procedures.--
            ``(1) Jurisdiction.--The Attorney General shall provide 
        that the Executive Office of Immigration Review, established by 
        the Attorney General by regulation, shall have jurisdiction 
        over all applications for asylum and withholdings of 
        deportation.
            ``(2) Coordination between ins and eoir.--Not later than 90 
        days after enactment of this Act, the Attorney General shall 
        establish by regulation procedures for coordination between the 
        Immigration and Naturalization Service and the Executive Office 
        for Immigration Review on the issuance by the Service of Orders 
        to Show Cause and Exclusion Orders, when necessary, to asylum 
        applicants. Such regulations shall ensure that such orders are 
        issued and served in a manner that facilitates adjudication of 
        asylum claims and other forms of relief available to such 
        aliens under the procedures and time frames of this Act.
            ``(3) Central asylum office.--
                    ``(A) Establishment of office.--The Attorney 
                General shall provide for the establishment, within the 
                Executive Office of Immigration Review, of an office, 
                to be known as the `Central Asylum Office', to be 
                headed by a director appointed by the Attorney General. 
                There shall be assigned to such office such employees 
                as the Attorney General shall direct.
                    ``(B) Asylum officers.--Among the employees 
                assigned to such office there shall be a corps of 
                professional asylum officers who shall receive 
                comprehensive training in international human rights 
                and refugee law, as well as other information relevant 
                to asylum determinations.
                    ``(C) Documentation center.--Such office shall 
                maintain a documentation center with regularly updated 
                information on country-specific worldwide human rights 
                conditions. Such documentation center shall be made 
                available to both personnel of the office and 
                representatives of applicants.
            ``(4) Asylum immigration judges.--The Attorney General 
        shall designate from among the corps of special inquiry 
        officers within the Executive Office of Immigration Review, a 
        corps of asylum immigration judges who have received 
        comprehensive training in international human rights and 
        refugee law.
            ``(5) Asylum adjudication procedures.--
                    ``(A) Asylum officer interview and determination.--
                            ``(i) In general.--An applicant for asylum 
                        shall be granted a first-instance, 
                        nonadversarial interview by an asylum officer 
                        promptly after the filing of the alien's 
                        application. Promptly after such interview, the 
                        asylum officer shall--
                                    ``(I) grant asylum under clause 
                                (ii),
                                    ``(II) find that an application is 
                                frivolous under clause (iii), or
                                    ``(III) refer the case without 
                                prejudice to the asylum immigration 
                                judge for a full hearing on the merits 
                                under clause (iv).
                            ``(ii) Grant of asylum by the asylum 
                        officer.--The asylum officer may in the 
                        exercise of the officer's discretion grant 
                        asylum to any applicant the asylum officer 
                        determines to be a refugee within the meaning 
                        of section 101(a)(42)(A).
                            ``(iii) Finding by asylum officer that an 
                        application is frivolous.--
                                    ``(I) In general.--If the asylum 
                                officer determines that the alien's 
                                claim to asylum is frivolous, the 
                                asylum officer shall find the alien 
                                ineligible for asylum. Subject to the 
                                provisions of paragraph (9), such alien 
                                who has been served an order to show 
                                cause under section 242B or put into 
                                exclusion proceedings under section 236 
                                shall be taken into custody pending a 
                                hearing before an asylum immigration 
                                judge. Aliens who are not in a unlawful 
                                status whose claims are ruled frivolous 
                                shall be entitled to no further 
                                administrative or judicial review of 
                                the asylum officer's determination that 
                                a claim is frivolous.
                                    ``(II) Review of asylum officer 
                                determination of frivolous asylum 
                                claim.--An alien adversely affected by 
                                a determination of an asylum officer 
                                under subclause (I) shall be informed 
                                of the alien's right to seek a review 
                                of that ruling and may request such a 
                                review, to be held at the time of the 
                                alien's exclusion or deportation 
                                hearing before an asylum immigration 
                                judge.
                            ``(iv) Referral of application to asylum 
                        immigration judge for determination.--If an 
                        asylum officer does not grant asylum to the 
                        applicant but does not determine that the 
                        alien's claim to asylum is frivolous, the 
                        asylum officer shall refer the claim to an 
                        asylum immigration judge for a full hearing on 
                        the merits.
                            ``(v) Failure of asylum officer to conduct 
                        interview within 30 days of filing an 
                        application for asylum.--An alien who is not 
                        interviewed by an asylum officer within 30 days 
                        of filing an application for asylum may request 
                        that their case be referred directly to an 
                        asylum immigration judge for a full hearing on 
                        the merits to determine the applicant's 
                        qualification for asylum.
                    ``(B) Asylum immigration judge hearing and decision 
                on frivolous nature of asylum claim.--
                            ``(i) Promptly after a determination by an 
                        asylum officer under subparagraph (A)(iii)(I) 
                        that an alien's application for asylum is 
                        frivolous, the alien shall be entitled to a 
                        review of that determination to be held during 
                        any deportation or exclusion hearing.
                            ``(ii) Review of frivolous determination.--
                        If an asylum immigration judge finds that an 
                        alien's asylum application is frivolous, the 
                        judge shall proceed to a determination of the 
                        alien's deportability or excludability, and 
                        eligibility for relief thereof. There shall be 
                        no further administrative appeal of the 
                        decision of the asylum immigration judge on the 
                        question of the frivolous or nonfrivolous 
                        nature of the alien's asylum application.
                            ``(iii) Finding by asylum immigration judge 
                        that an application is nonfrivolous.--If an 
                        asylum immigration judge finds that an alien's 
                        application is nonfrivolous, the alien shall be 
                        entitled to a hearing before an asylum 
                        immigration judge under subparagraph (C).
                    ``(C) Hearing and decision by asylum immigration 
                judge.--
                            ``(i) In general.--An asylum immigration 
                        judge shall conduct a hearing promptly after 
                        the finding that an application is not 
                        frivolous under subparagraphs (A)(iv) or 
                        (B)(iii). Such hearing shall be on the merits 
                        of the asylum claim and, in the case of an 
                        alien who has been served an order to show 
                        cause under section 242B or put into exclusion 
                        proceedings under section 236, on the order to 
                        show cause or exclusion order. Such hearing 
                        shall be conducted within 45 days of the filing 
                        of the application for asylum in a manner 
                        consistent with paragraphs (1) through (4) of 
                        section 242(b).
                            ``(ii) Decision.--Promptly after the 
                        conclusion of a hearing under clause (i), an 
                        asylum immigration judge shall grant or deny an 
                        alien's application for asylum.
                    ``(D) Opportunity for counsel; translation and 
                interpreter services.--At all stages of the asylum 
                adjudication process, the alien shall have--
                            ``(i) the opportunity to be represented by 
                        counsel of the alien's choosing, at no expense 
                        to the Government; and
                            ``(ii) translation and interpreter 
                        services.
                    ``(E) Bar on damages for failure to meet 
                deadlines.--Nothing in this paragraph relating to 
                scheduling and deadlines may be construed as creating 
                any right to monetary damages.
            ``(6) Mandatory denials.--An application for asylum shall 
        be denied if--
                    ``(A) the alien, having been convicted by a final 
                judgment of a particularly serious crime in the United 
                States, constitutes a danger to the community;
                    ``(B) the applicant has been firmly resettled into 
                another country;
                    ``(C) there are reasonable grounds for regarding 
                the alien as a danger to the security of the United 
                States; or
                    ``(D) the applicant has 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.''.
    (b) Clerical Amendment.--The item in the table of contents relating 
to section 208 is amended to read as follows:

``Sec. 208. Asylum.''.

SEC. 4. DETENTION AND RELEASE.

    Section 208(b) (8 U.S.C. 1158), as amended by section 3(a) of this 
Act, is further amended by adding at the end the following new 
paragraph:
            ``(9) Detention and release of asylum applicants.--
                    ``(A) Transfer of closed military bases for 
                detention of asylum applicants.--
                            ``(i) Priority availability to department 
                        of justice.--Notwithstanding any other 
                        provision of law, military installations to be 
                        closed under a base closure law shall be made 
                        available, as determined by the Attorney 
                        General, to the Department of Justice, 
                        Immigration and Naturalization Service, for use 
                        as facilities for the detention of applicants 
                        for asylum.
                            ``(ii) Clause (i) shall apply only to 
                        facilities within a 50-mile radius of a major 
                        metropolitan area.
                            ``(iii) Definition.--For purposes of this 
                        subparagraph, the term `base closure law' means 
                        each of the following:
                                    ``(I) the Defense Base Closure and 
                                Realignment Act of 1990 (part A of 
                                title XXIX of Public Law 101-510; 10 
                                U.S.C. 2687 note);
                                    ``(II) title II of the Defense 
                                Authorization Amendments and Base 
                                Closure and Realignment Act (Public Law 
                                100-526; 10 U.S.C. 2687 note);
                                    ``(III) section 2687 of title 10, 
                                United States Code; or
                                    ``(IV) any other similar law 
                                enacted after the date of the enactment 
                                of this paragraph.
                    ``(B) Conditions for release.--Except as provided 
                in subparagraph (D), an asylum applicant who is taken 
                into custody pursuant to section 235 or 242(a)(1) may 
                be released pending a final decision if--
                            ``(i)(I) the alien's application was not 
                        determined to be frivolous under subsection 
                        (b)(5); and
                            ``(II) the Attorney General determines that 
                        the alien poses no danger to the community, is 
                        not likely to abscond, and has either posted a 
                        reasonable bond or has ties to the community in 
                        the form of a family member, sponsoring agency, 
                        or other responsible adult; or
                            ``(ii) the Attorney General determines that 
                        the alien's detention is not in the public 
                        interest.
                    ``(C) Detention standards for minors who apply for 
                asylum.--The Attorney General shall make provision for 
                the prompt release to licensed child welfare agencies, 
                foster homes, group homes or to relatives or other 
                responsible adults living in the United States, any 
                applicant who is aged 18 years or younger and who is 
                not in the company of a parent or adult guardian, 
                except that no juvenile shall be released from 
                detention if there are reasonable grounds to believe 
                that the juvenile poses a danger to public safety. 
                Provisions for release of minors shall be in accordance 
                with Federal law and regulation regarding detention and 
                release of juveniles, applicable child welfare laws and 
                standards, and applicable State and local government 
                licensing standards, regulations and laws.
                    ``(D) Obligations.--Prior to an alien's release 
                from detention, a prescreening officer shall provide 
                the released alien with information on the next stages 
                in the application process; precise dates on the next 
                stages; notice of obligations and the consequences for 
                failing to meet those obligations; and the availability 
                of counsel. Throughout the prescreening procedure, 
                applicants may be represented by counsel.
                    ``(E) Supervision and periodic contact.--
                            ``(i) An applicant released under 
                        subparagraph (B) or (C) shall maintain periodic 
                        contact with an entity designated by the 
                        Attorney General under clause (iii). Entities 
                        designated under this clause may either be 
                        employees of the United States Government or 
                        private or voluntary agencies or individuals 
                        with experience in such matters.
                            ``(ii) At such time as the conditions in 
                        clause (iii) have been met, an applicant's 
                        failure to substantially comply with clause (i) 
                        shall constitute a violation of the terms of 
                        the alien's release.
                            ``(iii) Not later than 90 days after 
                        enactment of this Act, the Attorney General 
                        shall establish criteria and procedures for the 
                        supervision of and periodic contact with asylum 
                        applicants released under subparagraph (A).
                    ``(F) Penalties for failure to appear.--The 
                unexcused failure of an applicant to appear for a 
                scheduled interview or hearing shall be presumed an 
                abandonment of the application and cause for summary 
                dismissal of the claim to asylum. Failure to appear 
                shall be excused if the notice of the interview was not 
                mailed to the applicant's current address and such 
                address had been provided to the Executive Office of 
                Immigration Review by the applicant prior to the date 
                of mailing in accordance with section 265 and 
                regulations promulgated thereunder. Such failure to 
                appear may be excused for other serious reasons at the 
                discretion of the asylum officer or asylum immigration 
                judge.
                    ``(G) Special duties toward aliens in custody of 
                the service.--When any alien in the custody of the 
                Service requests asylum or withholding of deportation 
                or expresses fear of persecution or harm upon return to 
                the alien's country of origin or to agents thereof, the 
                Service shall make available the appropriate 
                application forms for asylum and withholding of 
                deportation and shall provide--
                            ``(i) up-to-date and accurate lists of 
                        persons, legal services and private nonprofit 
                        agencies that can assist the alien in preparing 
                        his asylum claim;
                            ``(ii) access to private facilities for 
                        consultation with legal representatives and/or 
                        counsel regarding the preparation of said 
                        application;
                            ``(iii) clear and concise presentation of 
                        rights and responsibilities applicable under 
                        the law;
                            ``(iv) reasonable access to counsel and 
                        representatives; and
                            ``(v) reasonable access to materials 
                        necessary in preparing an asylum claim.''.

SEC. 5. INCREASED RESOURCES FOR ASYLUM ADJUDICATIONS.

    (a) Funds Formerly Used for INS Asylum Adjudications To Be Used for 
Central Asylum Office.--Section 286(n) (8 U.S.C. 1356(n)) is amended by 
adding at the end the following: ``The Attorney General shall ensure 
that from the funds deposited in such account, an amount not less than 
the amount allocated in fiscal year 1993 to the Department of Justice, 
Immigration and Naturalization Service, Office of Refugees Asylum and 
Parole, for adjudicating asylum claims in fiscal year 1993 be provided 
each fiscal year to the Central Asylum Office in the Executive Office 
of Immigration Review, for the purposes of carrying out adjudication 
procedures in section 208(b).''.
    (b) Increase in Number of Asylum Officers and Asylum Immigration 
Judges.--Beginning in fiscal year 1994 and for each subsequent fiscal 
year for which the number of pending asylum adjudications at the end of 
the preceding fiscal year exceeds 50,000, there are authorized to be 
appropriated for the Department of Justice, Executive Office of 
Immigration Review, such sums as may be necessary to provide for--
            (1) an increase in the number of asylum officers so that 
        the average level of such personnel for such fiscal year is at 
        least 100 percent higher than such level for fiscal year 1993,
            (2) an increase in special inquiry officers so that the 
        number of such personnel is at least 100 percent higher than 
        such level for fiscal year 1993, and
            (3) an increase in the number of clerks, trial attorneys, 
        support staff, and requisite materials necessary to support the 
        increased personnel under paragraphs (1) and (2).

SEC. 6. REPORT TO CONGRESS ON REDUCTION IN BACKLOG OF PENDING ASYLUM 
              CASES.

    Not later than 180 days after the date of the enactment of this 
Act, the Attorney General shall submit to the Judiciary Committees of 
the House and Senate a report detailing the nature of the backlog in 
adjudicating asylum claims. Such report shall include--
            (1) an assessment of the number of applicants awaiting 
        asylum adjudications and the length of time they have been 
        waiting;
            (2) an assessment of the number, nature, and sizes of 
        specific identifiable classes of aliens awaiting adjudication;
            (3) recommendations on administrative measures that the 
        Department of Justice can take to eliminate the backlog in 
        asylum adjudications; and
            (4) recommendations on actions Congress can take to 
        eliminate the backlog, with specific emphasis on eliminating 
        the backlog in instances where there are large classes of 
        pending asylum cases.

SEC. 7. USE OF IMMIGRATION EMERGENCY FUND.

    Section 404(b) (8 U.S.C. 1101 note) is amended--
            (1) in paragraph (2)(A), by striking ``Funds'' and 
        inserting ``Notwithstanding any other provision of this 
        section, except as provided in paragraph (3), funds'', and
            (2) by adding at the end the following new paragraph:
    ``(3) The Attorney General may use up to $15,000,000 of this fund 
to manage large and sudden numbers of asylum applicants arriving at or 
attempting to land or enter the United States, including the 
territorial waters of the United States and ports of entry. For the 
purposes of this paragraph, the requirement of paragraph (1) that an 
immigration emergency be determined shall not apply.''.

SEC. 8. DEFINITIONS.

    Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end 
the following new paragraphs:
    ``(47) The term `frivolous' means, with respect to a claim for 
asylum, a claim that--
            ``(A) the grounds of the claim are outside the scope of the 
        definition of a refugee under this section;
            ``(B) the claim is totally lacking in substance; or
            ``(C) the claim is manifestly lacking in any credibility.
    ``(48) The term `firmly resettled' means, after an alien's entry 
into a country of refuge, the alien's receipt of an offer of permanent 
resident status, citizenship, or some other type of permanent 
resettlement unless the alien establishes that--
            ``(A) the entry into that country was a necessary 
        consequence of the flight from persecution, that the alien 
        remained in the country only as long as was necessary to 
        arrange onward travel, and that the alien did not establish 
        significant ties in that country, or
            ``(B) the conditions of residence in that country were so 
        substantially and consciously restricted by the authorities of 
        that country that the alien was not in fact resettled, taking 
        into account the conditions under which other residents of that 
        country live, the type of housing made available to the alien, 
        whether permanent or temporary, the types and extent of 
        employment available to the alien, whether permanent or 
        temporary, and the extent to which the alien received 
        permission to hold property and to enjoy other rights and 
        privileges ordinarily available to other residents in the 
        country such as travel documentation (including documentation 
        for a right of entry or reentry), education, public relief, or 
        naturalization.''.

SEC. 9. EFFECTIVE DATE.

    Except as otherwise provided, the amendments made by this Act shall 
take effect 90 days after the enactment of this Act.

                                 <all>

HR 3223 IH----2