Sec. 504. Prioritizing prosecution resources for illegal entry
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/bill/116/hr/3524/ih/section-504·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An individual who has expressed a credible or reasonable fear of persecution filed an application for asylum, withholding of removal, or protection under the Convention Against Torture, or expressed an intent to file such an application, may not be prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) , 1326(a)) until the earlier of— the date on which any such application has been finally adjudicated and denied, including any appeals thereto; or in the case of an alien who expresses an intent to file such an application, the date on which any applicable time limitation for the filing of such an application under section 208 of such Act has ended and no application has been filed.
In a case in which an individual is prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) , 1326(a)) in violation of subsection (a), it shall be a defense that the alien has expressed a credible or reasonable fear of persecution, filed an application for asylum or another form of protection as described in subsection (a), or expressed an intent to file such an application, and that such application has not been finally adjudicated and denied, including any appeals thereto.
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Sec. 504
Prioritizing prosecution resources for illegal entry
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