Stopping asylum fraud

(a) Standards To deter fraud and advance meritorious asylum claims Section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)) is amended— (1) by amending clause (v) to read as follows: (v) Credible fear of persecution (I) In general For purposes of this subparagraph, the term credible fear of persecution means that it is more likely than not that the alien would be able to establish eligibility for asylum under section 208— (aa) taking into account such facts as are known to the officer; and (bb) only if the officer has determined, under subsection (b)(1)(B)(iii) of such section, that it is more likely than not that the statements made by the alien or on behalf of the alien are true. (II) Bars to asylum An alien shall not be determined to have a credible fear of persecution if the alien is prohibited from applying for or receiving asylum, including an alien subject to a limitation or condition under subsection (a)(2) or (b)(2) (including a regulation promulgated under such subsection) of section 208.; and (2) by adding at the end the following: (vi) Eligibility for relief (I) Credible fear review by immigration judge An alien determined to have a credible fear of persecution shall be referred to an immigration judge for review of such determination, which shall be limited to a determination whether the alien— (aa) is eligible for asylum under section 208, 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 (referred to in this clause as the Convention Against Torture); and (bb) merits a grant of asylum in the exercise of discretion. (II) Aliens with reasonable fear of persecution (aa) In general Except as provided in item (bb), if an alien referred under subparagraph (A)(ii) is determined to have a reasonable fear of persecution or torture, the alien shall be eligible only for consideration of an application for withholding of removal under section 241(b)(3) or protection under the Convention Against Torture. (bb) Exception An alien shall not be eligible for consideration of an application for relief under item (aa) if the failure of the alien to establish a credible fear of persecution precludes the alien from eligibility for such relief. (cc) Limitation An alien whose application for relief is adjudicated under item (aa) shall not be eligible for any other form of relief or protection from removal. (vii) Ineligibility for removal proceedings An alien referred under subparagraph (A)(ii) shall not be eligible for a hearing under section 240.. (b) Authority for certain aliens To apply for asylum Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at the end the following: (F) Ineligibility for asylum (i) In general Notwithstanding any other provision of law, including paragraph (1), except as provided in clause (ii), an alien is ineligible for asylum if the alien— (I) has been convicted of a felony; (II) is inadmissible under section 212(a) (except paragraphs (4), (5), and (7)); (III) has been previously removed from the United States; or (IV) is a national or habitual resident of— (aa) a country in Central America that has a refugee application and processing center; or (bb) a country contiguous to such a country (other than Mexico). (ii) Exception Notwithstanding clause (i), paragraph (1) shall not apply to any alien who is present in the United States on the date of the enactment of this subparagraph..