Sec. 1407. Alignment with Refugee Convention obligations by prohibiting criminal prosecution of refugees
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/bill/117/hr/9685/ih/section-1407·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An alien who has expressed a credible or reasonable fear of persecution, filed an application 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, or expressed an intent to file such an application, may not be prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) , 1326(a)) until the earlier of— the date on which any such application has been finally adjudicated and denied, including any appeals of such denial; or in the case of an alien who expresses an intent to file such an application, the date on which any applicable time limitation for the filing of such an application under section 208 of such Act has ended with an application being filed.
If an alien is prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) and 1326(a)) in violation of subsection (a), it shall be a defense that the alien has expressed a credible or reasonable fear of persecution, has filed an application for asylum or another form of protection, and such application has not been finally adjudicated and denied, including any appeals of such denial. In accordance with the treaty obligations of the United States under Article 31 of 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)), an alien who has been granted asylum or withholding of removal under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) may not be prosecuted under section 275(a) or 276(a) of that Act ( 8 U.S.C. 1325(a) and 1326(a)).
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Sec. 1407
Alignment with Refugee Convention obligations by prohibiting criminal prosecution of refugees
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