Sec. 101. Modification of definition of refugee
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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; a person who has a well-founded fear that he or she will be forced to undergo such a procedure or be 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; and the term particular social group means, without any additional requirement not listed below, any group whose members— share— a characteristic that is immutable or fundamental to identity, conscience, or the exercise of human rights; or a past experience or voluntary association that, due to its historical nature, cannot be changed; or are perceived as a group by society.
The burden of proof shall be on the applicant to establish that the applicant is a refugee. To establish that the applicant is a refugee, persecution— shall be on account of race, religion, nationality, membership in a particular social group, or political opinion; and may be established by demonstrating that— a protected ground is at least one reason for the applicant’s persecution or fear of persecution; the persecution or feared persecution would not have occurred or would not occur in the future but for a protected ground; or the persecution or feared persecution had or will have the effect of harming the person because of a protected ground.
Where past or feared persecution by a nonstate actor is unrelated to a protected asylum ground, the causal nexus link is established if the state’s failure to protect the asylum applicant from the nonstate actor is on account of a protected asylum ground. . Section 208(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1) ) is amended by striking section 101(a)(42)(A) each place it appears and inserting section 101(a)(42)(A)(i) .
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