Sec. 1103. Elimination of time limits on asylum applications
631 words·~3 min read·
/bill/117/hr/9685/ih/section-1103·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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); 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. Not later than 1 year after the date of the enactment of this subparagraph, the Secretary of Homeland Security shall provide to each individual described in clause (ii), in the best language of such individual— notice of their eligibility for asylum; and guidance with respect to filing a motion to reopen their immigration case in order to be granted asylum. An individual described in this clause is an individual who— 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. For purposes of applications for adjustment of status submitted by an individual described in clause
(ii)who was granted after the date of the enactment of this subparagraph, an individual granted asylum under this subsection shall be considered to have been so granted on the date on which the individual was granted withholding of removal under section 241(b)(3). An individual granted asylum under this subsection may, during the 2-year period beginning on the date on which the individual is granted asylum under this subsection, submit a petition for the admission of a spouse or child who is accompanying or following to join. ; and by adding at the end the following: Notwithstanding section 240(c)(7), an individual who was denied asylum may file a motion to reopen an asylum claim during the 2-year period beginning on the date of the enactment of this subparagraph if the individual 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). .
Connectionstraces to 1
Traces to 1 document
U.S. Code
2 references not yet in our index
- 83 FR 55934
- 83 FR 57661
Citation graph
cites case law
Sec. 1103
Elimination of time limits on asylum applications
Fed. Reg.83 FR 55934
Fed. Reg.83 FR 57661
Cites 3Cited by 0 across 0 sources