Sec. 4. Protecting certain vulnerable groups of asylum seekers
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Section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) is amended to read as follows: The term refugee means any person who— is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided; and is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution, or a well-founded fear of persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion; or in such circumstances as the President may specify, after appropriate consultation (as defined in section 207(e))— is within the country of such person’s nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing; and is persecuted, or who has a well-founded fear of persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion.
The term refugee does not include any person who 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 person who establishes that his or her actions were committed under duress or while the person was younger than 18 years of age shall not be considered to have ordered, incited, assisted, or otherwise participated in persecution under this subparagraph.
For purposes of determinations under this Act— a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion; and a person who has a well-founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well-founded fear of persecution on account of political opinion.
For purposes of determinations under this Act, any group whose members share a characteristic that is either immutable or fundamental to identity, conscience, or the exercise of the person’s human rights such that the person should not be required to change it, shall be deemed a particular social group, without any additional requirement. . Section 208(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(B) ) is amended— in clause (i), 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 clause (ii), by striking the last sentence and inserting the following:
If the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, the trier of fact shall provide notice and allow the applicant a reasonable opportunity to file such evidence. The trier of fact may not require such evidence if the applicant does not have the evidence and demonstrates that he or she cannot reasonably obtain the evidence. Evidence shall not be considered reasonably obtainable if procurement of such evidence would reasonably endanger the life or safety of any person. ; by redesignating clause
(iii)as clause (iv); by inserting after clause
(ii)the following: Direct or circumstantial evidence, including evidence that the State is unable or unwilling to protect individuals of the applicant’s race, religion, nationality, particular social group, or political opinion, or that the State’s legal or social norms tolerate persecution against individuals of the applicant’s race, religion, nationality, particular social group, or political opinion, may establish that persecution is on account of one of the grounds enumerated in subsection (a)(42)(A)(i)(II). ; and in clause (iv), as redesignated, by striking , without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor. and inserting . If the trier of fact determines that there are inconsistencies or omissions, the alien shall be given an opportunity to explain and to provide support or evidence to clarify such inconsistencies or omissions. . Section 240(c)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(4) ) is amended— in subparagraph (B), by striking the last sentence and inserting the following: If the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, the trier of fact shall provide notice and allow the applicant a reasonable opportunity to file such evidence. The trier of fact may not require such evidence if the applicant does not have the evidence and demonstrates that he or she cannot reasonably obtain the evidence. Evidence shall not be considered reasonably obtainable under this subparagraph if procurement of such evidence would reasonably endanger the life or safety of any person in the applicant’s home country. ; and in subparagraph (C), by striking , without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor. and inserting . If the trier of fact determines that there are inconsistencies or omissions, the alien shall be given an opportunity to explain and to provide support or evidence to clarify such inconsistencies or omissions. .
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