Sec. 3. Definitions
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/bill/116/hr/5210/ih/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term asylum seeker means— any applicant for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ); any alien who indicates— an intention to apply for asylum under that section; or a fear of persecution; and any alien who indicates— an intention to apply for withholding of removal pursuant to— section 241 of the Immigration and Nationality Act ( 8 U.S.C. 1231 ); or the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984; or a fear that the alien’s life or freedom would be threatened. The term asylum seeker includes any individual described in subparagraph
(A)whose application for asylum or withholding of removal is pending judicial review. The term asylum seeker does not include an individual with respect to whom a final order denying asylum and withholding of removal has been entered if such order is not pending judicial review. The term best interest determination means a formal process with procedural safeguards designed to give primary consideration to a child’s best interests in decision making. The term Department means the Department of Homeland Security. The term internally displaced persons means persons or a group of persons who have been forced to leave their homes or places of habitual residence, in particular due to armed conflict, generalized violence, violations of human rights, or natural or human-made disasters, and who have not crossed an internationally recognized state border. The term international protection means asylum status, refugee status, protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, and other regional protection status available in the Western Hemisphere. The term Secretary means the Secretary of Homeland Security.
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