Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · BILL · 114th Congress · H.R. 3194 (Introduced in House) — To protect and promote international religious freedom. · Sec. 3

Sec. 3. Enhanced protections for refugees and asylees fleeing religious persecution

1,222 words·~6 min read·/bill/114/hr/3194/ih/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 207(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(1) ) is amended— by inserting
(A)before Subject to the numerical limitations ; and by adding at the end the following: The Secretary of State, in consultation with the Secretary of Homeland Security, may designate specifically defined groups of aliens— whose resettlement in the United States is justified by humanitarian concerns or is otherwise in the national interest; and who— share common characteristics that identify them as targets of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; or having been identified as targets under item (aa), share a common need for resettlement due to a specific vulnerability. An alien who establishes membership in a group designated under clause
(i)to the satisfaction of the Secretary of Homeland Security shall be considered a refugee for purposes of admission as a refugee under this section unless the Secretary of State determines that such alien 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. A designation under clause
(i)is for purposes of adjudicatory efficiency and may be revoked by the Secretary of State at any time after notification to Congress. Categories of aliens established under section 599D(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 ; 8 U.S.C. 1157 note)— shall be designated under clause
(i)until the end of the first fiscal year commencing after the date of the enactment of the FIRST Freedom Act ; and shall be eligible for designation thereafter at the discretion of the Secretary of State, considering, among other factors, whether a country under consideration has been designated as a country of particular concern under section 402 of International Religious Freedom Act of 1998 ( 22 U.S.C. 6442 ) for engaging in or tolerating systematic, ongoing, and egregious violations of religious freedom. A designation under clause
(i)shall not influence decisions to grant, to any alien, asylum under section 208, protection under section 241(b)(3), or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. A decision to deny admission under this section to an alien who establishes to the satisfaction of the Secretary of Homeland Security that the alien is a member of a group designated under clause
(i)shall— be in writing; and state, to the maximum extent feasible, the reason for the denial. Refugees admitted pursuant to a designation under clause (i)— shall be subject to the numerical limitations under subsection (a); and shall be admissible under this section. . Section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) ) is amended— in subparagraph (A), by inserting or the Secretary of Homeland Security after Attorney General both places such term appears; by striking subparagraphs
(B)and (D); by redesignating subparagraph
(C)as subparagraph (B); in subparagraph (B), as redesignated, by striking subparagraph
(D)and inserting subparagraphs
(C)and
(D); and by inserting after subparagraph (B), as redesignated, the following: Notwithstanding subparagraph (B), an application for asylum of an alien may be considered if the alien demonstrates, to the satisfaction of the Attorney General or the Secretary of Homeland Security, the existence of changed circumstances that materially affect the applicant’s eligibility for asylum. Notwithstanding subparagraph
(B)or section 240(c)(7), an alien may file a motion to reopen an asylum claim during the 2-year period beginning on the date of the enactment of the FIRST Freedom Act if the alien— was denied asylum based solely upon a failure to meet the 1-year application filing deadline in effect on the date on which the application was filed; was granted withholding of removal pursuant to section 241(b)(3) and has not obtained lawful permanent residence in the United States pursuant to any other provision of law; is not subject to the safe third country exception under subparagraph
(A)or a bar to asylum under subsection (b)(2) and should not be denied asylum as a matter of discretion; and is physically present in the United States when the motion is filed. . Section 208(b)(1)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(B)(i) ) is amended by striking at least one central reason for persecuting the applicant and inserting a factor in the applicant’s persecution or fear of persecution . In this paragraph— the term asylum officer means an immigration officer performing duties under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ) with respect to aliens who— are apprehended after entering the United States; and may be eligible to apply for asylum under section 208 or 235 of such Act; and the term improper conduct means conduct whereby an asylum officer— improperly encourages an alien described in clause
(i)to withdraw or retract claims for asylum; incorrectly fails to refer such an alien for an interview by an asylum officer to determine whether the alien has a credible fear of persecution (as defined in section 235(b)(1)(B)(v) of such Act ( 8 U.S.C. 1225(b)(1)(B)(v) )); incorrectly removes such an alien to a country in which the alien may be persecuted; or detains such an alien improperly or under inappropriate conditions. The United States Commission on International Religious Freedom (referred to in this section as the Commission ) is authorized to conduct a study to determine— whether asylum officers are engaging in improper conduct; and the impact of delays in interviews by asylum officers and immigration court hearings on asylum claims. Not later than 2 years after the date on which the Commission initiates the study under subsection (a), the Commission shall submit a report containing the results of the study to— the Committee on Homeland Security and Governmental Affairs of the Senate ; the Committee on the Judiciary of the Senate ; the Committee on Foreign Relations of the Senate ; the Committee on Homeland Security of the House of Representatives ; the Committee on the Judiciary of the House of Representatives ; and the Committee on Foreign Affairs of the House of Representatives . The Commission may identify employees of the Department of Homeland Security, the Department of Justice, and the Government Accountability Office who have significant expertise and knowledge of refugee and asylum issues. At the request of the Commission, the Secretary of Homeland Security, the Attorney General, and the Comptroller General of the United States shall authorize staff identified under subparagraph
(A)to assist the Commission in conducting the study under paragraph (1). The Commission may hire additional staff and consultants to conduct the study under paragraph (1). Except as provided in clause (ii), the Secretary of Homeland Security and the Attorney General shall provide staff designated under subparagraph
(A)or hired under subparagraph
(B)with unrestricted access to all stages of all proceedings conducted under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ). The Secretary of Homeland Security and the Attorney General may not permit unrestricted access under clause
(i)if— the alien subject to a proceeding under such section 235(b) objects to such access; or the Secretary or Attorney General determines that the security of a particular proceeding would be threatened by such access.
Connectionstraces to 4
1 reference not yet in our index
  • Pub. L. 101-167
Citation graph
cites case law
Sec. 3
Enhanced protections for refugees and asylees fleeing religious persecution
U.S.C.§ 1157
U.S.C.§ 6442
U.S.C.§ 1158
U.S.C.§ 1225
Pub. L.Pub. L. 101-167
Cites 5Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.