Sec. 112. Protections for minors seeking asylum
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Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended— in subsection (a)(2), as amended by section 103, by amending subparagraph
(E)to read as follows: Subparagraphs (A), (B), and
(C)shall not apply to an applicant who is younger than 18 years of age on the earlier of— the date on which the asylum application is filed; or the date on which any notice to appear is issued. ; and in subsection (b), in paragraph (4), as added by section 104(d)(2), 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 filed by an applicant who is younger than 18 years of age on the earlier of— the date on which the asylum application is filed; or the date on which any notice to appear is issued. . Section 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158 ), as amended by section 104(d), is further amended— in the paragraph heading, by striking and inserting and children ; , children, mothers, and fathers in subparagraph (A), by striking (as defined in section 101(b)(1)(A), (B), (C), (D), or (E)) of an alien and inserting (as defined in subparagraph (A), (B), (C), (D), (E), or
(H)of section 101(b)(1)) of an alien, or the mother or father of an alien who is such a child, ; and by amending subparagraph
(B)to read as follows: An unmarried alien who seeks to accompany, or follow to join, a mother or father granted asylum under this subsection, and any child of such unmarried alien, shall continue to be classified as a child for purposes of this paragraph and shall be considered a refugee, if— the alien was younger than 21 years of age on the date on which such mother or father applied for asylum under this section; and the alien attained 21 years of age while such application was pending. A mother or father who seeks to accompany, or follow to join, an alien granted asylum under this subsection shall continue to be classified as a mother or father for purposes of this paragraph, and together with the spouse or child of such mother or father, be considered a refugee, if the alien attained 21 years of age while such application was pending. . Section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) ) is amended— in paragraph (5), by striking If the Attorney General and inserting Except as provided in paragraph (8), if the Secretary of Homeland Security ; and by adding at the end the following: Paragraph
(5)shall not apply to an alien who— reentered the United States illegally after the alien was previously removed or departed voluntarily under an order of removal; and was younger than 18 years of age on the date on which the alien was removed or departed voluntarily under an order of removal; demonstrates to the satisfaction of the adjudicator that the basis for seeking asylum developed or amplified after the alien was previously removed or departed voluntarily under an order of removal; was removed pursuant to expedited procedures under section 235(b); and demonstrates to the satisfaction of an immigration judge that the expedited removal order was issued without the alien having been offered the opportunity to apply for asylum; was issued an order of removal after having been designated under the migrant protection protocols announced by the Secretary of Homeland Security on December 20, 2018 (or any successor protocols); was deprived of or denied access to asylum procedures under section 208 solely or primarily as a result of the implementation of 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)) or Asylum Eligibility and Procedural Modifications (84 Fed. Reg. 33829); or was ordered removed solely or primarily as a result of 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; Presidential Proclamation 9822, issued on November 9, 2018 (83 Fed. Reg. 57661); or 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. .
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- 83 FR 55934
- 84 FR 33829
- 83 FR 57661
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Sec. 112
Protections for minors seeking asylum
Fed. Reg.83 FR 55934
Fed. Reg.84 FR 33829
Fed. Reg.83 FR 57661
Cites 5Cited by 0 across 0 sources