[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 945 Introduced in House (IH)]




106th CONGRESS
  1st Session
                                H. R. 945

     To deny to aliens the opportunity to apply for asylum in Guam.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 1999

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

_______________________________________________________________________

                                 A BILL


 
     To deny to aliens the opportunity to apply for asylum in Guam.

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

SECTION 1. INABILITY OF ALIENS LANDING IN GUAM TO APPLY THERE FOR 
              ASYLUM.

    (a) In General.--Notwithstanding sections 208 and 235(b) of the 
Immigration and Nationality Act (8 U.S.C. 1158 and 1225(b)), or any 
other provision of law, no alien (as defined in section 101(a) of such 
Act (8 U.S.C. 1101(a)) may apply for asylum in Guam, and no claim for 
asylum may be pursued through an interview or other proceeding taking 
place in Guam. The preceding sentence applies irrespective of an 
alien's status and whether the alien is physically present in Guam or 
arrives in Guam (whether or not at a designated port of arrival), and 
includes an alien who is brought to Guam after having been interdicted 
in international or United States waters.
    (b) Detention of Aliens Pending Transport to Another Port of 
Entry.--
            (1) In general.--In the case of an alien described in 
        paragraph (2), the alien shall be arrested and detained on a 
        warrant issued by the Attorney General pending transport by the 
        Attorney General from Guam to another place designated by the 
        Attorney General for purposes of further processing under the 
        Immigration and Nationality Act. Such transport shall occur not 
        later than 30 days after the date on which the alien is deemed 
        to be an applicant for admission. Notwithstanding section 
        236(a) of the Immigration and Nationality Act (8 U.S.C. 
        1226(a)), the Attorney General may not release the alien 
        pending such transport.
            (2) Aliens described.--An alien described in this paragraph 
        is an alien who--
                    (A) is present or arriving in Guam;
                    (B) is seeking admission to the United States; and
                    (C) otherwise satisfies the requirements for 
                referral for an interview with an asylum officer 
                pursuant to section 235(b)(1)(B) of the Immigration and 
                Nationality Act (8 U.S.C. 1225(b)(1)(B)) or is 
                otherwise authorized, and seeking, to establish 
                eligibility for asylum under section 208 of such Act.
    (c) Reimbursement of Local Costs.--The Attorney General shall enter 
into a contractual arrangement with the Government of Guam which 
provides for full and complete compensation to Guam for any expense 
incurred by Guam with respect to the detention of any alien pursuant to 
this Act.
                                 <all>