Sec. 15. Protections for minors seeking asylum
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Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended— in subsection (a)(2), as amended by section 3, by amending subparagraph
(E)to read as follows: Subparagraphs (A), (B), and
(C)shall not apply to an applicant who is younger than 18 years of age on the earlier of— the date on which the asylum application is filed; or the date on which any Notice to Appear is issued. ; and in subsection (b)(3), by amending subparagraph
(C)to read as follows: An asylum officer (as defined in section 235(b)(1)(E)) shall have initial jurisdiction over any asylum application filed by an applicant who is younger than 18 years of age on the earlier of— the date on which the asylum application is filed; or the date on which any Notice to Appear is issued. . Section 207(c) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c) ) is amended— by amending paragraph
(2)to read as follows: A spouse or child (as defined in subparagraph (A), (B), (C), (D), or
(E)of section 101(b)(1)) of any refugee, or the mother or father of an alien who is such a child and who qualifies for admission under paragraph (1), if not otherwise entitled to admission under such paragraph and not described in section 101(a)(42)(B), shall be entitled to the same admission status as such refugee if— accompanying, or following to join, such refugee; and the spouse, child, mother, or father is admissible (except as otherwise provided under paragraph (3)) as an immigrant under this chapter. The admission to the United States of a spouse, child, mother, or father described in subparagraph
(A)shall be charged against the numerical limitation established in accordance with the appropriate subsection under which the refugee’s admission is charged. An unmarried alien who seeks to accompany, or follow to join, his or her mother or father who was granted admission as a refugee under this subsection, and who was younger than 21 years of age on the date on which such mother or father applied for refugee status under this section, shall continue to be classified as a child for purposes of this paragraph if the alien attained 21 years of age while such application was pending. A mother or father who seeks to accompany, or follow to join, an alien granted admission as a refugee under this subsection shall continue to be classified as a mother or father for purposes of this paragraph, if the alien attained 21 years of age while such application was pending. ; and in paragraph (4), by striking (and of the spouse or child of the alien) and inserting (and of the spouse, child, mother, or father of the alien) . Section 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended— in the paragraph heading, by striking and inserting and children ; , children, mothers, and fathers in subparagraph (A), by striking (as defined in section 101(b)(1)(A), (B), (C), (D), or (E)) of an alien and inserting (as defined in subparagraph (A), (B), (C), (D), or
(E)of section 101(b)(1)) of an alien, or the mother or father of an alien who is such a child, ; and by amending subparagraph
(B)to read as follows: An unmarried alien who seeks to accompany, or follow to join, a mother or father granted asylum under this subsection, and who was younger than 21 years of age on the date on which such mother or father applied for asylum under this section, shall continue to be classified as a child for purposes of this paragraph and section 209(b)(3) if the alien attained 21 years of age while such application was pending. A mother or father who seeks to accompany, or follow to join, an alien granted asylum under this subsection shall continue to be classified as a mother or father for purposes of this paragraph and section 209(b)(3) if the alien attained 21 years of age while such application was pending. . Section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) ) is amended— in paragraph (5), by striking If the Attorney General and inserting Except as provided in paragraph (8), if the Secretary of Homeland Security ; and by adding at the end of the following: Paragraph
(5)shall not apply to an alien who— reentered the United States illegally after having been removed or after having departed voluntarily under an order of removal; and was younger than 18 years of age on the date on which the alien was removed or departed voluntarily under an order of removal. .
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