Sec. 6. Efficient asylum and refugee determination process
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Section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ) is amended— in clause (ii)— in the heading, by striking and inserting Referral ; and Interview and referral by striking the alien shall be detained for further consideration of the application for asylum. and inserting the alien may, in the Secretary’s discretion, be detained for further consideration of the application for asylum by an asylum officer designated by the Director of United States Citizenship and Immigration Services, subject to a custody redetermination hearing before an immigration judge pursuant to procedures established in accordance with section 236(a) and its implementing regulations.
The asylum officer shall conduct a nonadversarial asylum interview and, after seeking supervisorial review, may grant asylum to the alien under section 208 or refer the case to a designee of the Attorney General, for a de novo asylum determination, for relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, or for protection under section 241(b)(3). ; and in clause (iii)(IV)— by amending the subclause heading to read as follows: ; and by striking shall and inserting may, in the Secretary’s discretion, .
If an application for admission to the United States under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) is placed on hold for longer than 3 months or is subject to the expiration and repetition of more than 3 screenings and one or more members of the applicant’s family also have pending applications for admission under such section, the Secretary of Homeland Security shall notify any individual on that case who is eligible to travel separately of the option to separate such individual’s case from the family unit and shall permit such individual to travel based upon such individual’s satisfaction of all security and other requirements for refugee applications.
Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended— in subsection (b)(2)— by striking subparagraph (C); and by redesignating subparagraph
(D)as subparagraph (C); and by adding at the end the following: Notwithstanding any other provisions of law, an alien’s eligibility for asylum shall be governed solely by this section. .
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