Sec. 104. Consideration of asylum claims
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/bill/116/hr/5210/ih/section-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 208(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(B) ) is amended— 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 striking clause (iii); and by inserting after clause
(ii)the following: Direct or circumstantial evidence, including evidence that the government of the applicable country is unable or unwilling to protect individuals of the applicant’s race, religion, nationality, particular social group, or political opinion, or that the legal or social norms of the country 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 race, religion, nationality, membership in a particular social group, or political opinion. Subject to subclause (II), a trier of fact may conduct a credibility assessment in the context of evaluating an applicant’s claim for asylum. Decisions regarding credibility shall be made objectively, impartially, and individually. A credibility assessment under this clause may only be conducted on the material facts of the applicant’s claim. The perception of the trier of fact with respect to the applicant’s general truthfulness or trustworthiness shall not be relevant to assessing credibility of material facts. In assessing credibility, a trier of fact may consider the detail and specificity of information provided by the applicant, the internal consistency of the applicant’s statements, and the consistency of the applicant’s statements with available external information. In considering such information and statements, the trier of fact shall consider the applicant’s contextual circumstances, including— exposure to trauma; age; gender, sexual orientation, or gender identity; educational background; physical or mental health issues; shame, stigma, or denial; communication difficulties; intercultural barriers; and the circumstances under which such statements were made. A trier of fact shall have an affirmative duty to assist the applicant in providing credible testimony. A credibility assessment conducted under this clause, and any credibility finding made, shall be consistent with current scientific literature relating to behavioral indicators of truth-telling, the nature of traumatic memories, and the ability of trauma survivors to recall aspects of, and surrounding, a traumatic event. A credibility assessment under this clause may not be made until after— an interview of the applicant; and all relevant evidence has been collected and considered. If a trier of fact doubts the credibility of the applicant, the trier of fact shall specify any such doubt to the applicant and provide the applicant a meaningful opportunity to respond. The result of a credibility assessment under this clause shall include clear findings based on and supported by evidence, after consideration of all of the relevant evidence consistent with items
(cc)and (dd), that describes the material facts that are accepted as credible and the material facts that are rejected as not credible, and the reason for such acceptance or rejection. If an adverse credibility determination is not explicitly made, the applicant shall have a rebuttable presumption of credibility on appeal. . Section 241(b)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3)(C) ) is amended by striking and
(iii)and inserting through
(iv). Section 208(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2) ) is amended by striking subparagraph
(C)and inserting the following: Notwithstanding any other provision of law, the eligibility of an alien for asylum shall be governed solely by this section. . Section 208(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2) is amended by adding at the end the following: A stay by an applicant in a third country that does not amount to firm resettlement shall not be grounds for discretionary denial of asylum. . Section 208(b) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b) ) is amended— in paragraph (3), by striking subparagraph (C); and by adding at the end the following: An asylum officer (as defined in section 235(b)(1)(E)) shall have initial jurisdiction over any asylum application regardless of whether filed in accordance with this section or section 235(b). In the case of an alien with respect to whom a final order of removal was previously entered, an asylum officer shall have initial jurisdiction over any application for withholding of removal under section 241(b)(3) or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, regardless of whether such an application is filed in accordance with this section or section 235(b). . Section 235(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(E) ) is amended to read as follows: In this paragraph, the term asylum officer means an immigration officer who— has had professional training in country conditions, asylum law, and nonadversarial interviewing techniques necessary for adjudication of applications under section 208; adjudicates applications under that section on a full-time basis; and is supervised by an officer who— meets the condition described in subclause (I); and has had substantial experience adjudicating asylum applications. The Secretary of Homeland Security may, only in exceptional circumstances and to protect national security, designate one or more individuals who do not meet the condition described in clause (i)(III) to act as temporary asylum officers. An individual designated as a temporary asylum officer under subclause
(I)may not hold or have held in the preceding 3 years a position the central function of which is immigration enforcement, including Border Patrol agents, Customs and Border Protection officers, and Immigration and Customs Enforcement officers. During any period in which the Secretary of Homeland Security designates one or more temporary asylum officers, not later than 30 days after such designation, the Secretary of Homeland Security shall submit to Congress a report that includes— a justification for the designation; the number of officers designated; the duration of service of such officers; the number of interviews conducted by such officers; with respect to applications for asylum, withholding of removal under section 241(b)(3), and protection under the Convention against Torture adjudicated by such officers, the rate of grants, denials, referrals, and otherwise closed applications; and with respect to credible fear determinations carried out by such officers, the rate of positive, negative, and otherwise closed determinations. . 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), in the first sentence, 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 provide support or evidence to clarify such inconsistencies or omissions. .
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