[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 391 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 391

  To modify the treatment of unaccompanied alien children who are in 
 Federal custody by reason of their immigration status, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 10, 2017

   Mr. Chaffetz (for himself, Mrs. Black, Mr. Brooks of Alabama, Mr. 
Carter of Georgia, Mr. Carter of Texas, Mr. Chabot, Mr. Duncan of South 
  Carolina, Mr. Farenthold, Mr. Gosar, Mr. Gowdy, Mr. Jody B. Hice of 
 Georgia, Mr. Lance, Mr. Pittenger, Mr. Smith of Texas, Mr. Webster of 
  Florida, Mr. Zeldin, and Mr. Hudson) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
 to the Committee on Foreign Affairs, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To modify the treatment of unaccompanied alien children who are in 
 Federal custody by reason of their immigration status, and for other 
                               purposes.

    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 and Border Protection 
Act of 2017''.

SEC. 2. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL.

    Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) 
is amended--
            (1) by striking ``(at no expense to the Government)''; and
            (2) by adding at the end the following:
``Notwithstanding any other provision of law, in no instance shall the 
Government bear any expense for counsel for any person in removal 
proceedings or in any appeal proceedings before the Attorney General 
from any such removal proceedings.''.

SEC. 3. SPECIAL IMMIGRANT JUVENILE VISAS.

    Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``and whose 
reunification with one or both of the immigrant's parents is not viable 
due'' and inserting ``and who cannot be reunified with either of the 
immigrant's parents due''.

SEC. 4. CREDIBLE FEAR INTERVIEWS.

    Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``208.'' and inserting 
``208, and it is more probable than not that the statements made by the 
alien in support of the alien's claim are true.''.

SEC. 5. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.

    (a) In General.--The Secretary of Homeland Security shall establish 
quality assurance procedures and take steps to effectively ensure that 
questions by employees of the Department of Homeland Security 
exercising expedited removal authority under section 235(b) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a 
uniform manner, and that both these questions and the answers provided 
in response to them are recorded in a uniform fashion.
    (b) Factors Relating to Sworn Statements.--Where practicable, any 
sworn or signed written statement taken of an alien as part of the 
record of a proceeding under section 235(b)(1)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a 
recording of the interview which served as the basis for that sworn 
statement.
    (c) Interpreters.--The Secretary shall ensure that a competent 
interpreter, not affiliated with the government of the country from 
which the alien may claim asylum, is used when the interviewing officer 
does not speak a language understood by the alien and there is no other 
Federal, State, or local government employee available who is able to 
interpret effectively, accurately, and impartially.
    (d) Recordings in Immigration Proceedings.--Recordings of 
interviews of aliens subject to expedited removal shall be included in 
the record of proceeding and shall be considered as evidence in any 
further proceedings involving the alien.
    (e) No Private Right of Action.--Nothing in this section shall be 
construed to create any right, benefit, trust, or responsibility, 
whether substantive or procedural, enforceable in law or equity by a 
party against the United States, its departments, agencies, 
instrumentalities, entities, officers, employees, or agents, or any 
person, nor does this section create any right of review in any 
administrative, judicial, or other proceeding.

SEC. 6. PAROLE REFORM.

    (a) In General.--Paragraph (5) of section 212(d) (8 U.S.C. 1182(d)) 
is amended to read as follows:
            ``(5) Humanitarian and public interest parole.--
                    ``(A) In general.--Subject to the provisions of 
                this paragraph and section 214(f)(2), the Secretary of 
                Homeland Security, in the sole discretion of the 
                Secretary of Homeland Security, may on a case-by-case 
                basis parole an alien into the United States 
                temporarily, under such conditions as the Secretary of 
                Homeland Security may prescribe, only--
                            ``(i) for an urgent humanitarian reason (as 
                        described under subparagraph (B)); or
                            ``(ii) for a reason deemed strictly in the 
                        public interest (as described under 
                        subparagraph (C)).
                    ``(B) Humanitarian parole.--The Secretary of 
                Homeland Security may parole an alien based on an 
                urgent humanitarian reason described in this 
                subparagraph only if--
                            ``(i) the alien has a medical emergency and 
                        the alien cannot obtain necessary treatment in 
                        the foreign state in which the alien is 
                        residing or the medical emergency is life-
                        threatening and there is insufficient time for 
                        the alien to be admitted through the normal 
                        visa process;
                            ``(ii) the alien is needed in the United 
                        States in order to donate an organ or other 
                        tissue for transplant into a close family 
                        member;
                            ``(iii) the alien has a close family member 
                        in the United States whose death is imminent 
                        and the alien could not arrive in the United 
                        States in time to see such family member alive 
                        if the alien were to be admitted through the 
                        normal visa process;
                            ``(iv) the alien is a lawful applicant for 
                        adjustment of status under section 245; or
                            ``(v) the alien was lawfully granted status 
                        under section 208 or lawfully admitted under 
                        section 207.
                    ``(C) Public interest parole.--The Secretary of 
                Homeland Security may parole an alien based on a reason 
                deemed strictly in the public interest described in 
                this subparagraph only if the alien has assisted the 
                United States Government in a matter, such as a 
                criminal investigation, espionage, or other similar law 
                enforcement activity, and either the alien's presence 
                in the United States is required by the Government or 
                the alien's life would be threatened if the alien were 
                not permitted to come to the United States.
                    ``(D) Limitation on the use of parole authority.--
                The Secretary of Homeland Security may not use the 
                parole authority under this paragraph to permit to come 
                to the United States aliens who have applied for and 
                have been found to be ineligible for refugee status or 
                any alien to whom the provisions of this paragraph do 
                not apply.
                    ``(E) Parole not an admission.--Parole of an alien 
                under this paragraph shall not be considered an 
                admission of the alien into the United States. When the 
                purposes of the parole of an alien have been served, as 
                determined by the Secretary of Homeland Security, the 
                alien shall immediately return or be returned to the 
                custody from which the alien was paroled and the alien 
                shall be considered for admission to the United States 
                on the same basis as other similarly situated 
                applicants for admission.
                    ``(F) Report to congress.--Not later than 90 days 
                after the end of each fiscal year, the Secretary of 
                Homeland Security shall submit a report to the 
                Committees on the Judiciary of the House of 
                Representatives and the Senate describing the number 
                and categories of aliens paroled into the United States 
                under this paragraph. Each such report shall contain 
                information and data concerning the number and 
                categories of aliens paroled, the duration of parole, 
                and the current status of aliens paroled during the 
                preceding fiscal year.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the first day of the first month beginning more than 60 
days after the date of the enactment of this Act.

SEC. 7. REPORT TO CONGRESS ON PAROLE PROCEDURES AND STANDARDIZATION OF 
              PAROLE PROCEDURES.

    (a) In General.--The Attorney General and the Secretary of Homeland 
Security shall jointly conduct a review, and report to the Judiciary 
Committees of the House of Representatives and the Senate, not later 
than 180 days after the date of the enactment of this Act, and annually 
thereafter, regarding the effectiveness of parole and custody 
determination procedures applicable to aliens who have established a 
credible fear of persecution and are awaiting a final determination 
regarding their asylum claim by the immigration courts. The report 
shall include the following:
            (1) An analysis of the rate at which release from detention 
        (including release on parole) is granted to aliens who have 
        established a credible fear of persecution and are awaiting a 
        final determination regarding their asylum claim by the 
        immigration courts throughout the United States, and any 
        disparity that exists between locations or geographical areas, 
        including explanation of the reasons for this disparity and 
        what actions are being taken to have consistent and uniform 
        application of the standards for granting parole.
            (2) An analysis of the effect of the procedures and 
        policies applied with respect to parole and custody 
        determinations both by the Attorney General and the Secretary 
        on the alien's pursuit of their asylum claim before an 
        immigration court.
            (3) An analysis of the effectiveness of the procedures and 
        policies applied with respect to parole and custody 
        determinations both by the Attorney General and the Secretary 
        in securing the alien's presence at the immigration court 
        proceedings.
    (b) Recommendations.--The report should include recommendations 
with respect to whether the existing parole and custody determination 
procedures applicable to aliens who have established a credible fear of 
persecution and are awaiting a final determination regarding their 
asylum claim by the immigration courts both respect the interests of 
aliens and ensure the presence of the aliens at the immigration court 
proceedings. The report should include an assessment on corresponding 
failure to appear rates, inabsentia orders, and absconders.

SEC. 8. UNACCOMPANIED ALIEN CHILD DEFINED.

    Section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
279(g)(2)) is amended to read as follows:
            ``(2) The term `unaccompanied alien child'--
                    ``(A) means an alien who--
                            ``(i) has no lawful immigration status in 
                        the United States;
                            ``(ii) has not attained 18 years of age; 
                        and
                            ``(iii) with respect to whom--
                                    ``(I) there is no parent or legal 
                                guardian in the United States;
                                    ``(II) no parent or legal guardian 
                                in the United States is available to 
                                provide care and physical custody; or
                                    ``(III) no sibling over 18 years of 
                                age, aunt, uncle, grandparent, or 
                                cousin over 18 years of age is 
                                available to provide care and physical 
                                custody; except that
                    ``(B) such term shall cease to include an alien if 
                at any time a parent, legal guardian, sibling over 18 
                years of age, aunt, uncle, grandparent, or cousin over 
                18 years of age of the alien is found in the United 
                States and is available to provide care and physical 
                custody (and the Secretary of Homeland Security and the 
                Secretary of Health and Human Services shall revoke 
                accordingly any prior designation of the alien under 
                this paragraph).''.

SEC. 9. MODIFICATIONS TO PREFERENTIAL AVAILABILITY FOR ASYLUM FOR 
              UNACCOMPANIED ALIEN MINORS.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended--
            (1) by striking subsection (a)(2)(E); and
            (2) by striking subsection (b)(3)(C).

SEC. 10. NOTIFICATION AND TRANSFER OF CUSTODY REGARDING UNACCOMPANIED 
              ALIEN MINORS.

    Section 235(b) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) is amended--
            (1) in paragraph (2), by striking ``48 hours'' and 
        inserting ``7 days''; and
            (2) in paragraph (3), by striking ``72 hours'' and 
        inserting ``30 days''.

SEC. 11. INFORMATION SHARING BETWEEN DEPARTMENT OF HEALTH AND HUMAN 
              SERVICES AND DEPARTMENT OF HOMELAND SECURITY.

    Section 235(b) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) is amended by 
adding at the end the following:
            ``(5) Information sharing.--The Secretary of Health and 
        Human Services shall share with the Secretary of Homeland 
        Security any information requested on a child who has been 
        determined to be an unaccompanied alien child and who is or has 
        been in the custody of the Secretary of Health and Human 
        Services, including the location of the child and any person to 
        whom custody of the child has been transferred, for any 
        legitimate law enforcement objective, including enforcement of 
        the immigration laws.''.

SEC. 12. SAFE THIRD COUNTRY.

    Section 208(a)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1158(a)(2)(A)) is amended--
            (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security''; and
            (2) by striking ``removed, pursuant to a bilateral or 
        multilateral agreement, to'' and inserting ``removed to''.

SEC. 13. ADDITIONAL IMMIGRATION JUDGES AND ICE PROSECUTORS.

    (a) Executive Office for Immigration Review.--Subject to the 
availability of appropriations, in each of fiscal years 2015 through 
2017, the Attorney General shall increase by not less than 50 the 
number of positions for full-time immigration judges within the 
Executive Office for Immigration Review above the number of such 
positions for which funds were allotted for fiscal year 2014.
    (b) Immigration and Customs Enforcement Office of the Principal 
Legal Advisor.--Subject to the availability of appropriations, in each 
of fiscal years 2015 through 2017, the Secretary of Homeland Security 
shall increase by not less than 60 the number of positions for full-
time trial attorneys within the Immigration and Customs Enforcement 
Office of the Principal Legal Advisor above the number of such 
positions for which funds were allotted for fiscal year 2014.

SEC. 14. MINORS IN DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY.

    Section 235(c)(2)(A) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(2)(A)) is 
amended by striking the last two sentences.

SEC. 15. FOREIGN ASSISTANCE FOR REPATRIATION.

    (a) Suspension of Foreign Assistance.--The Secretary of State shall 
immediately suspend all foreign assistance, including under United 
States Agency for International Development programs, the Central 
American Regional Security Initiative, or the International Narcotic 
Control Law Enforcement program, to any large sending country that--
            (1) refuses to negotiate an agreement under section 
        235(a)(2) of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(2)); 
        or
            (2) refuses to accept from the United States repatriated 
        unaccompanied alien children (as defined in section 462(g)(2) 
        of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) who are 
        nationals or residents of the sending country.
    (b) Use of Foreign Assistance for Repatriation.--The Secretary of 
State shall provide any additional foreign assistance from the United 
States that such Secretary determines is needed to implement an 
agreement under section 235(a)(2) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(a)(2)) or safely to repatriate or reintegrate nationals or 
residents of a large sending country without increasing the total 
quantity of foreign assistance to such country. Such country may use 
any earlier foreign assistance for the purpose of repatriation or 
implementation of any agreement under such section 235(a)(2).
    (c) Definition of Large Sending Program.--For purposes of this 
section, the term ``large sending country'' means--
            (1) any country which was the country of nationality or 
        last habitual residence for 1,000 or more unaccompanied alien 
        children (as defined in section 462(g)(2) of the Homeland 
        Security Act of 2002 (6 U.S.C. 279(g))) who entered the United 
        States in a single fiscal year in any of the prior 3 fiscal 
        years; and
            (2) any other country which the Secretary of Homeland 
        Security deems appropriate.
    (d) Effective Date.--This section shall take effect on the date of 
the enactment of this Act and shall apply with respect to any 
unaccompanied alien child (as defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g))) apprehended on or 
after such date.

SEC. 16. REPORTS.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, and annually thereafter, the Secretary of State 
and the Secretary of Health and Human Services, with assistance from 
the Secretary of Homeland Security, shall submit a report to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives on efforts to improve 
repatriation programs for unaccompanied alien children (as defined in 
section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
279(g))). Such reports shall include the following:
            (1) The average time that such a child is detained after 
        apprehension until removal.
            (2) The number of such children detained improperly beyond 
        the required time periods under paragraphs (2) and (3) of 
        section 235(b) of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)).
            (3) A statement of the funds used to effectuate the 
        repatriation of such children, including any funds that were 
        reallocated from foreign assistance accounts as of the date of 
        the enactment of this Act.
    (b) Effective Date.--This section shall take effect on the date of 
the enactment of this Act and shall apply with respect to any 
unaccompanied alien child (as defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g))) apprehended on or 
after such date.

SEC. 17. WITHHOLDING OF REMOVAL.

    (a) In General.--Section 241(b)(3) (8 U.S.C. 1231(b)(3)) is 
amended--
            (1) by adding at the end of subparagraph (A) the following:
                ``The burden of proof shall be on the alien to 
                establish that the alien's life or freedom would be 
                threatened in that country, and that race, religion, 
                nationality, membership in a particular social group, 
                or political opinion would be at least one central 
                reason for such threat.''; and
            (2) in subparagraph (C), by striking ``In determining 
        whether an alien has demonstrated that the alien's life or 
        freedom would be threatened for a reason described in 
        subparagraph (A),'' and inserting ``For purposes of this 
        paragraph,''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if enacted on May 11, 2005, and shall apply to 
applications for withholding of removal made on or after such date.

SEC. 18. GROSS VIOLATIONS OF HUMAN RIGHTS.

    (a) Inadmissibility of Certain Aliens.--Section 212(a)(3)(E)(iii) 
(8 U.S.C. 1182(a)(3)(E)(iii)) is amended to read as follows:
                            ``(iii) Commission of acts of torture, 
                        extrajudicial killings, war crimes, or 
                        widespread or systematic attacks on 
                        civilians.--Any alien who planned, ordered, 
                        assisted, aided and abetted, committed, or 
                        otherwise participated in, including through 
                        command responsibility and without regard to 
                        motivation or intent, the commission of--
                                    ``(I) any act of torture (as 
                                defined in section 2340 of title 18, 
                                United States Code);
                                    ``(II) any extrajudicial killing 
                                (as defined in section 3(a) of the 
                                Torture Victim Protection Act of 1991 
                                (28 U.S.C. 1350 note)) under color of 
                                law of any foreign nation;
                                    ``(III) a war crime (as defined in 
                                section 2441 of title 18, United States 
                                Code); or
                                    ``(IV) a widespread or systematic 
                                attack directed against a civilian 
                                population, with knowledge of the 
                                attack, murder, extermination, 
                                enslavement, forcible transfer of 
                                population, arbitrary detention, rape, 
                                sexual slavery, enforced prostitution, 
                                forced pregnancy, enforced 
                                sterilization, or any other form of 
                                sexual violence of comparable gravity;
                                    ``(V) persecution on political 
                                racial, national, ethnic, cultural, 
                                religious, or gender grounds;
                                    ``(VI) enforced disappearance of 
                                persons; or
                                    ``(VII) other inhumane acts of a 
                                similar character intentionally causing 
                                great suffering or serious bodily or 
                                mental injury,
                        is inadmissible.''.
    (b) Nonapplicability of Confidentiality Requirement With Respect to 
Visa Records.--The President may make public, without regard to the 
requirements under section 222(f) of the Immigration and Nationality 
Act (8 U.S.C. 1202(f)), with respect to confidentiality of records 
pertaining to the issuance or refusal of visas or permits to enter the 
United States, the names of aliens deemed inadmissible on the basis of 
section 212(a)(3)(E)(iii) of the Immigration and Nationality Act, as 
amended by subsection (a).

SEC. 19. FIRM RESETTLEMENT.

    Section 208(b)(2)(A)(vi) (8 U.S.C. 1158(b)(2)(A)(vi)) is amended by 
striking ``States.'' and inserting ``States, which shall be considered 
demonstrated by evidence that the alien can live in such country (in 
any legal status) without fear of persecution.''.

SEC. 20. TERMINATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME 
              COUNTRY.

    (a) Termination of Status.--Except as provided in subsections (b) 
and (c), any alien who is granted asylum or refugee status under the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), who, without a 
compelling reason as determined by the Secretary, subsequently returns 
to the country of such alien's nationality or, in the case of an alien 
having no nationality, returns to any country in which such alien last 
habitually resided, and who applied for such status because of 
persecution or a well-founded fear of persecution in that country on 
account of race, religion, nationality, membership in a particular 
social group, or political opinion, shall have his or her status 
terminated.
    (b) Waiver.--The Secretary has discretion to waive subsection (a) 
if it is established to the satisfaction of the Secretary that the 
alien had a compelling reason for the return. The waiver may be sought 
prior to departure from the United States or upon return.
    (c) Exception for Certain Aliens From Cuba.--Subsection (a) shall 
not apply to an alien who is eligible for adjustment to that of an 
alien lawfully admitted for permanent residence pursuant to the Cuban 
Adjustment Act of 1966 (Public Law 89-732).

SEC. 21. ASYLUM CASES FOR HOME SCHOOLERS.

    (a) In General.--Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is 
amended by adding at the end the following: ``For purposes of 
determinations under this Act, a person who has been persecuted for 
failure or refusal to comply with any law or regulation that prevents 
the exercise of the individual right of that person to direct the 
upbringing and education of a child of that person (including any law 
or regulation preventing homeschooling), or for other resistance to 
such a law or regulation, shall be deemed to have been persecuted on 
account of membership in a particular social group, and a person who 
has a well founded fear that he or she will be subject to persecution 
for such failure, refusal, or resistance shall be deemed to have a well 
founded fear of persecution on account of membership in a particular 
social group.''.
    (b) Numerical Limitation.--Section 207(a) (8 U.S.C. 1157(a)) is 
amended by adding at the end the following new paragraph:
            ``(5) For any fiscal year, not more than 500 aliens may be 
        admitted under this section, or granted asylum under section 
        208, pursuant to a determination under section 101(a)(42) that 
        the alien is described in the final sentence of section 
        101(a)(42) (as added by section 21 of the Asylum Reform and 
        Border Protection Act of 2015).''.
    (c) Effective Dates.--
            (1) In general.--The amendment made by subsection (a) shall 
        take effect on the date of the enactment of this Act and shall 
        apply to failure or refusal to comply with a law or regulation, 
        or other resistance to a law or regulation, occurring before, 
        on, or after such date.
            (2) Numerical limitation.--The amendment made by subsection 
        (b) shall take effect beginning on the first day of the first 
        fiscal year beginning after the date of the enactment of this 
        Act.

SEC. 22. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS:.

    (a) In General.--Section 208(d)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``the Secretary of Homeland Security or'' before ``the Attorney 
        General'';
            (2) in subparagraph (A), by striking ``and of the 
        consequences, under paragraph (6), of knowingly filing a 
        frivolous application for asylum'';
            (3) in subparagraph (B), by striking the period and 
        inserting ``; and'';
            (4) by adding at the end the following:
                    ``(C) ensure that a written warning appears on the 
                asylum application advising the alien of the 
                consequences of filing a frivolous application.''; and
            (5) by inserting after subparagraph (C) the following:
        ``The written warning referred to in subparagraph (C) shall 
        serve as notice to the alien of the consequences of filing a 
        frivolous application.''.
    (b) Conforming Amendment.--Section 208(d)(6) (8 U.S.C. 1158(d)(6)) 
is amended by striking ``paragraph (4)(A)'' and inserting ``paragraph 
(4)(C)''.

SEC. 23. TERMINATION OF ASYLUM STATUS.

    Section 208(c) of the Immigration and Nationality Act (8 U.S.C. 
(c)) is amended by adding at the end the following:
            ``(4) If an alien's asylum status is subject to termination 
        under section 208(c)(2), the immigration judge shall first 
        determine whether the conditions specified under 208(c)(2) have 
        been met, and if so, terminate the alien's asylum status before 
        considering whether the alien is eligible for adjustment of 
        status under section 209.''.
                                 <all>