[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Page S645]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1478. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. FIRM RESETTLEMENT.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158), as amended by this title, is further amended by 
     adding at the end the following:
       ``(g) Firm Resettlement.--In determining whether an alien 
     was firmly resettled in another country prior to arriving in 
     the United States under subsection (b)(2)(A)(xiv), the 
     following shall apply:
       ``(1) In general.--An alien shall be considered to have 
     firmly resettled in another country if, after the events 
     giving rise to the alien's asylum claim--
       ``(A) the alien resided in a country through which the 
     alien transited prior to arriving in or entering the United 
     States and--
       ``(i) received or was eligible for any permanent legal 
     immigration status in that country;
       ``(ii) resided in such a country with any non-permanent but 
     indefinitely renewable legal immigration status (including 
     asylee, refugee, or similar status, but excluding status of a 
     tourist); or
       ``(iii) resided in such a country and could have applied 
     for and obtained an immigration status described in clause 
     (ii);
       ``(B) the alien physically resided voluntarily, and without 
     continuing to suffer persecution or torture, in any one 
     country for one year or more after departing his country of 
     nationality or last habitual residence and prior to arrival 
     in or entry into the United States, except for any time spent 
     in Mexico by an alien who is not a native or citizen of 
     Mexico solely as a direct result of being returned to Mexico 
     pursuant to section 235(b)(3) or of being subject to 
     metering; or
       ``(C) the alien is a citizen of a country other than the 
     country in which the alien alleges a fear of persecution, or 
     was a citizen of such a country in the case of an alien who 
     renounces such citizenship, and the alien was present in that 
     country after departing his country of nationality or last 
     habitual residence and prior to arrival in or entry into the 
     United States.
       ``(2) Burden of proof.--If an immigration judge determines 
     that an alien has firmly resettled in another country under 
     paragraph (1), the alien shall bear the burden of proving the 
     bar does not apply.
       ``(3) Firm resettlement of parent.--An alien shall be 
     presumed to have been firmly resettled in another country if 
     the alien's parent was firmly resettled in another country, 
     the parent's resettlement occurred before the alien turned 18 
     years of age, and the alien resided with such parent at the 
     time of the firm resettlement, unless the alien establishes 
     that he or she could not have derived any permanent legal 
     immigration status or any non-permanent but indefinitely 
     renewable legal immigration status (including asylum, 
     refugee, or similar status, but excluding status of a 
     tourist) from the alien's parent.''.
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