Sec. 103. Elimination of time limits on asylum applications
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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 2019 if the alien— was denied asylum based solely on 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, in the case of a person having no nationality, 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; and is not subject to the safe third country exception under subparagraph
(A)or to a bar to asylum under subsection (b)(2); and was not denied asylum as a matter of discretion; or was denied asylum based solely on the implementation of— the policy memorandum of the U.S. Citizenship and Immigration Services entitled Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A–B– (PM–602–0162), dated July 11, 2018; the memorandum of the Office of the Principal Legal Advisor of U.S. Immigration and Customs Enforcement entitled Litigating Domestic Violence-Based Persecution Claims Following Matter of A–B– , dated July 11, 2018; the interim final rule of the Department of Homeland Security and the Department of Justice entitled Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims (83 Fed. Reg. 55934 (November 9, 2019)); Presidential Proclamation 9822, issued on November 9, 2018 (83 Fed. Reg. 57661); the migrant protection protocols announced by the Secretary of Homeland Security on December 20, 2018 (or any successor protocols); the policy memorandum of the U.S. Citizenship and Immigration Services entitled Guidance for Implementing Section 235(b)(2)(C) of the Immigration and Nationality Act and the Migrant Protection Protocols (PM–602–0169), dated January 28, 2019; or any other policy memorandum of the Department of Homeland Security to implement the protocols described in subclause (V). .
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U.S. Code
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- 83 FR 55934
- 83 FR 57661
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Sec. 103
Elimination of time limits on asylum applications
Fed. Reg.83 FR 55934
Fed. Reg.83 FR 57661
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