Sec. 3. Elimination of time limits on asylum applications
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/bill/114/s/3241/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 each place 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 Refugee Protection Act of 2016 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 to the alien’s country of nationality (or, if stateless, to the country of last habitual residence) under section 241(b)(3); 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 in section 208(a)(2)(A) or a bar to asylum under section 208(b)(2) and was not denied asylum as a matter of discretion; and is physically present in the United States when the motion is filed. .
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Sec. 3
Elimination of time limits on asylum applications
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