Sec. 3710. Directives related to passport and document fraud

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Pursuant to the authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate or amend the sentencing guidelines, policy statements, and official commentaries, if appropriate, related to passport fraud offenses, including the offenses described in chapter 75 of title 18, United States Code, as amended by section 3407, to reflect the serious nature of such offenses. Not later than 1 year after the date of the enactment of this Act, the United States Sentencing Commission shall submit a report on the implementation of this subsection to— the Committee on the Judiciary of the Senate; and the Committee on the Judiciary of the House of Representatives.

The Attorney General, in consultation with the Secretary, shall develop binding prosecution guidelines for Federal prosecutors to ensure that each prosecution of an alien seeking entry into the United States by fraud is consistent with the United States treaty obligations under Article 31(1) of the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)).

The guidelines developed pursuant to subparagraph (A), and any internal office procedures related to such guidelines— are intended solely for the guidance of attorneys of the United States; and are not intended to, do not, and may not be relied upon to, create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter. A person described in paragraph

(3)may not be prosecuted under chapter 75 of title 18, United States Code, or under section 275 or 276 of the Immigration and Nationality Act (8 U.S.C. 1325 and 1326), in connection with the person’s entry or attempted entry into the United States until after the date on which the person’s application for such protection, classification, or status has been adjudicated and denied in accordance with the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). A person described in this paragraph is a person who— is seeking protection, classification, or status; and has filed an application for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ), withholding of removal under section 241(b)(3) of such Act (8 U.S.C. 1231(b)(3)), or relief under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1994, pursuant to title 8, Code of Federal Regulations; indicates immediately after apprehension, that he or she intends to apply for such asylum, withholding of removal, or relief and promptly files the appropriate application; has been referred for a credible fear interview, a reasonable fear interview, or an asylum-only hearing under section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ) or title 8, Code of Federal Regulations; or has filed an application for classification or status under— subparagraph

(T)or

(U)of paragraph (15), paragraph (27)(J), or paragraph

(51)of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ); or section 216(c)(4)(C) or 240A(b)(2), of such Act ( 8 U.S.C. 1186a(c)(4)(C) and 1229b(b)(2)).

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Sec. 3710

Directives related to passport and document fraud

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