Sec. 1322. Protection for aliens interdicted at sea
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/bill/117/hr/9685/ih/section-1322·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 241(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3) ), as amended by section 1105, is amended— in the paragraph heading, by striking and inserting to a country where alien’s life or freedom would be threatened ; or return if refugee’s life or freedom would be threatened or alien would be subjected to torture in subparagraph (A)— by striking Notwithstanding and inserting the following: Notwithstanding ; and by adding at the end the following: Notwithstanding paragraphs
(1)and (2), a United States officer may not return any alien interdicted or otherwise encountered in international waters or United States waters who has expressed a fear of return to his or her country of departure, origin, or last habitual residence— until such alien has been granted a confidential interview by an asylum officer, in a language the alien claims to understand, to determine whether that alien has a well-founded fear of persecution because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion, or because the alien would be subject to torture in that country; or if an asylum officer has determined that the alien has such a well-founded fear of persecution or would be subject to torture in his or her country of departure, origin, or last habitual residence. ; by redesignating subparagraphs (B), (C), and
(D)as subparagraphs (C), (D), and (E), respectively; and by inserting after subparagraph
(A)the following: The Secretary of Homeland Security shall issue regulations establishing a uniform procedure applicable to all aliens interdicted in international or United States waters that— provides each alien— a meaningful opportunity to express, through a translator who is fluent in a language the alien claims to understand, a fear of return to his or her country of departure, origin, or last habitual residence; and in a confidential interview and in a language the alien claims to understand, information concerning the alien’s interdiction, including the ability of the alien to inform United States officers about any fears relating to the alien’s return or repatriation; provides each alien expressing such a fear of return or repatriation a confidential interview conducted by an asylum officer, in a language the alien claims to understand, to determine whether the alien’s return to his or her country of departure, origin, or last habitual residence is prohibited because the alien has a well-founded fear of persecution— because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion; or because the alien would be subject to torture in that country; ensures that each alien can effectively communicate with United States officers through the use of a translator fluent in a language the alien claims to understand; and provides each alien who, according to the determination of an asylum officer, has a well-founded fear of persecution for the reasons specified in clause (ii), or who would be subject to torture, an opportunity to seek protection in— a country other than the alien’s country of departure, origin, or last habitual residence in which the alien has family or other ties that will facilitate resettlement; or if the alien has no such ties, a country that will best facilitate the alien’s resettlement, which may include the United States. . Section 240A(c)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(c)(5) ) is amended by striking section 241(b)(3)(B)(i) and inserting section 241(b)(3)(C)(i) . Section 242(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1252(b)(4) ) is amended, in the undesignated matter following subparagraph (D), by striking 241(b)(3)(C) and inserting 241(b)(3)(D) .
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