Sec. 1105. Consideration of asylum claims
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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. Except as provided in item (bb), an asylum officer or immigration judge, as applicable, shall— accept expert witness testimony with respect to the human rights conditions in a country and evidence relating to the physical and mental condition or history of an applicant for asylum; and give substantial weight to such testimony and evidence. An asylum officer or an immigration judge, as applicable, may reject expert witness testimony only if the asylum officer or immigration judge makes a finding on the record, supported by specific reasons, that— the witness is not qualified to provide an opinion regarding the conditions in the country concerned; or the testimony of the witness is rebutted by contrary evidence. 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. An applicant for asylum who is in removal proceedings shall have the right to testify orally before an immigration judge. . 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: An applicant's entry to, attempt to enter, or arrival or stay in a third country shall not be— considered to amount to the applicant being firmly resettled; grounds or a basis for a denial of an asylum application or the issuance of a negative credible fear determination; or a factor for otherwise rendering the applicant ineligible for asylum. Clause
(i)shall apply regardless of whether the applicant— applied for asylum or was denied or granted asylum in the third country concerned; is a victim of 1 or more severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )); or the third country concerned is a party to the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951, (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)), or other similar treaty or protocol. . 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) or section 240. 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) or section 240. . Section 208(d)(3) is amended to read as follows: It is the sense of Congress that the Secretary of Homeland Security should not impose fees for the consideration of an application for asylum, employment authorization under this section, adjustment of status under section 209, the collection of biometrics in conjunction with applications under this section, petitions for family reunification, or the issuance of refugee travel documents. If the Secretary of Homeland imposes a fee for the consideration of an application for asylum, employment authorization under this section, adjustment of status under section 209, the collection of biometrics in conjunction with applications under this section or section 209, petitions for family reunification, or the issuance of refugee travel documents— such fee shall not exceed the Secretary of Homeland Security's costs in adjudicating such applications, processing such biometrics, or issuing such document, as applicable; the applicant shall be eligible for a fee waiver; and the applicant shall be permitted to pay such fee over a period of time or in installments. Nothing in this paragraph may be construed to require the Secretary of Homeland Security to charge fees for adjudication services provided to asylum applicants. . Section 208(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(5) ) is amended— by striking subparagraph (B); and in subparagraph (A)— by striking
(A); and Procedures .— by redesignating clauses
(i)through
(v)as subparagraphs
(A)through (E), respectively, and moving such subparagraphs 2 ems to the left. Section 208(d) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d) ) is amended by adding at the end the following: An employee of the United States may not disclose to any individual other than an immigration or law enforcement official of the United States information in an asylum application or from an asylum proceeding without the consent of the applicant. . Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended by adding at the end the following: The Secretary of Homeland Security shall develop, maintain, and make available to the public a database reflecting adjudications of credible fear or reasonable fear under section 235 that includes, for each such adjudication that occurs not later than 90 days after the date of the enactment of this subsection, the following: An anonymized code number or sequence of characters for the asylum applicant. The month and year in which the applicant was apprehended. The month and year in which the applicant was interviewed under section 235. Whether the applicant was in the custody of the Secretary of Homeland Security on the date of such interview. In the case of an applicant who was in the custody of the Secretary of Homeland Security on such date— the component of the Department of Homeland Security responsible for the applicant's detention; and the name of the facility in which the applicant was held. The age of the applicant on the date of such interview. The nationality of the applicant. The gender of the applicant. Whether the applicant entered at a port of entry. In the case of an applicant who entered at a port of entry, the name of the port of entry. Whether the applicant included one or more derivative beneficiaries in their asylum application. In the case of an applicant who included one or more derivative beneficiaries in their asylum application, the age and relationship to the applicant of each such beneficiary. An anonymized code number for the officer conducting the interview and, if the officer’s decision was reviewed by a supervisor, an anonymized code number for the supervisor. Whether such interview was conducted in person, by telephone, or by videoconference. In the case of an interview conducted in person, the location of the interview. Whether such interview was conducted with the assistance of an interpreter. The regional asylum office to which the officer conducting such interview was assigned. Whether the asylum application was based on— past persecution; a well-founded fear of persecution; or past persecution and a well-founded fear of persecution. Whether— the alleged persecutor was the government of a country or a private entity; or in the case of 1 or more alleged persecutors, the persecutors included both a government of a country and a private entity. Whether the applicant was assisted by an attorney or other legal service provider during the interview. Whether the adjudicator determined that the applicant was credible. Whether the adjudicator found that the applicant— established— a credible fear; a reasonable fear; or a likelihood of torture; or did not establish any such fear or likelihood. In the case of an applicant who was determined not to have established a credible fear or a reasonable fear, whether the applicant appealed such determination to an immigration judge. Any other data that the Secretary of Homeland Security considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. The Secretary of Homeland Security shall develop, maintain, and make available to the public a database reflecting asylum adjudications on the merits, that includes, for each such adjudication that occurs not later than 90 days after the date of the enactment of this subsection, the following: An anonymized code number or sequence of characters for the asylum applicant, which shall be the same code number or sequence assigned to the applicant if such a number or sequence was assigned during an earlier stage of proceedings under section 235. The date on which the applicant's asylum application was filed or considered to have been filed. The age of the applicant on the date on which such application was filed. The date on which the applicant entered the United States or, in the case of an applicant for whom the date of entry is unknown, an indication that such date is unknown. Whether the applicant included in their asylum application 1 or more derivative beneficiaries who are in the United States. In the case of an applicant who included such a derivative beneficiary in their asylum application, the age and relationship to the applicant of each such beneficiary. The nationality of the applicant. The gender of the applicant. Whether the asylum application was based on— past persecution; a well-founded fear of persecution; or past persecution and a well-founded fear of persecution. Whether— the alleged persecutor was the government of a country or a private entity; or in the case of 1 or more alleged persecutors, the persecutors included both a government of a country and a private entity. Whether the applicant’s application for asylum included a claim of persecution on account of gender. Whether the applicant was processed under this section or section 235. Whether the applicant had entered the United States— pursuant to a visa; through the visa waiver program; or without inspection. Whether the applicant— was assisted in the completion of their asylum application by— an attorney; an accredited representative; a law student; or an individual other than an individual described in items
(aa)through (cc); or was not represented. Whether the applicant— was represented during their asylum interview by— an attorney; an accredited representative; a law student; or an individual other than an individual described in items
(aa)through (cc); or was not represented. Whether the asylum interview was conducted with the assistance of an interpreter. An anonymized code number or sequence of characters for the asylum officer who adjudicated the case. An anonymized code number or sequence of characters for any officer who reviewed the asylum officer’s decision. The regional office or sub-office to which the asylum officer was assigned. The date of the adjudication. Whether the applicant was— granted asylum; denied asylum; referred to immigration court for further consideration; or considered by the immigration court under some other procedure. Any other data that the Secretary of Homeland Security considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. The Attorney General shall develop, maintain, and make available to the public a database reflecting appeals from credible fear determinations and reasonable fear determinations that include, for each such appeal that occurs not later than 90 days after the date of the enactment of this subsection, the following: An anonymized code number or sequence of characters for the asylum applicant, which shall be the same anonymized code number or sequence of numbers assigned to the applicant by the Department of Homeland Security. The name of the immigration judge who adjudicated the appeal. The location of the immigration judge on the date on which a decision on the appeal was made. Whether the appeal was conducted in person, by telephone, or by videoconference. Whether the applicant— was represented in the appeal by— an attorney; an accredited representative; a law student; or an individual other than an individual described in items
(aa)through (cc); or was not represented. Whether the appeal was conducted with the assistance of an interpreter. The outcome of the appeal. Any other data that the Attorney General considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. The Attorney General shall develop, maintain, and make available to the public a database reflecting decisions by immigration judges on the merits of asylum claims (including applications for withholding of removal under section 241(b)(3) and protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984) that includes, for each such claim filed with the Attorney General not later than 90 days after the date of the enactment of this subsection, the following: An anonymized code number or sequence of characters for the respondent, which shall be the same as any anonymized code number or sequence of number assigned by the Department of Homeland Security at a previous stage of adjudication of the claim. The date on which the respondent entered the United States or, in the case of a respondent for whom the date of entry is unknown, an indication that such date is unknown. The age of the respondent on the date on which the respondent entered the United States. The initial date on which the respondent submitted the asylum application to the Secretary of Homeland Security. In the case of a respondent who submitted an asylum application to the Secretary of Homeland Security, the date on which an asylum officer issued a decision on such application. The age of the respondent on the date on which the immigration judge rendered a decision on the merits of the claim. The gender of the respondent. Whether the respondent entered the United States at a port of entry. Whether the respondent included in their asylum application 1 or more derivative beneficiaries who are in the United States. In the case of a respondent who included such a derivative beneficiary in their asylum application, the age and relationship to the respondent of each such beneficiary. The nationality of the respondent. The name and location of the immigration judge who adjudicated the claim. Whether the merits hearing was conducted in person, by telephone, or by videoconference. Whether the respondent was detained on the date on which the merits hearing occurred. In the case of a respondent who was detained, the name of the detention facility. Whether the merits hearing was conducted with the assistance of an interpreter. Whether the respondent— was represented in the merits hearing by— an attorney; an accredited representative; a law student; or an individual other than an individual described in items
(aa)through (cc); or was not represented. In the case of an application for asylum or withholding of removal under section 241(b)(3), whether the application was based on— past persecution; a well-founded fear of persecution; or past persecution and a well-founded fear of persecution. Whether— the alleged persecutor was the government of a country or a private entity; or in the case of 1 or more alleged persecutors, the persecutors included both a government of a country and a private entity. Whether the respondent’s application for asylum included a claim of persecution on account of gender. The outcome of the case, including— whether the case was terminated without a decision; whether the respondent was granted asylum, withholding of removal under section 241(b)(3), protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, voluntary departure, or other relief; and whether the respondent was ordered removed from the United States. Any other data that the Attorney General considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. The Attorney General shall develop, maintain, and make available to the public a database reflecting decisions by the Board of Immigration Appeals on appeals of immigration judge denials of asylum, withholding of removal, or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, that includes, for each such appeal filed with the Board of Immigration Appeals not later than 90 days after the date of the enactment of this subsection, the following: An anonymized code number or sequence of characters for the appellant, which shall be the same anonymized code number or sequence of numbers that was assigned at a previous stage of the proceedings by the Secretary of Homeland Security or the Attorney General. The date on which the appeal was filed with the Board of Immigration Appeals. The date on which the Board of Immigration Appeals issued a decision on the appeal. The names of the members of the Board of Immigration Appeals who participated in the decision. Whether any member of the Board of Immigration Appeals dissented from a decision of a panel or of the entire Board of Immigration Appeals, and the name of each such member. Whether the appellant— was represented in the appeal by— an attorney; an accredited representative; a law student; or an individual other than an individual described in items
(aa)through (cc); or was not represented. The outcome of the appeal. Any other data that the Attorney General considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. . Section 235(b)(1)(B)(ii) of the Immigration and Nationalities Act (8 U.S.C. 1225 (b)(1)(B)(ii)) is amended by inserting , which shall include a hearing under section 240 on the alien’s claim for asylum, withholding of removal, or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, unless the Secretary of Homeland Security has granted the alien’s claim before the period at the end. 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. . 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 the following: Except as provided in subparagraph (B), if the Secretary of Homeland Security ; and by adding at the end the following: Subparagraph
(A)shall not apply to an alien who is otherwise eligible for asylum. .
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Sec. 1105
Consideration of asylum claims
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