Inspection and exclusion by immigration officers

(a) Inspection of aliens Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended to read as follows: (b) Inspection and exclusion by immigration officers (1) An immigration officer shall inspect each alien who is seeking entry to the United States. (2) (A) If the examining immigration officer determines that an alien seeking entry— (i) does not present the documentation required (if any) to obtain legal entry to the United States; and (ii) does not indicate either an intention to apply for asylum (under section 208) or a fear of persecution, the officer shall order the alien excluded from the United States without further hearing or review. (B) The examining immigration officer shall refer for immediate inspection at a port of entry by an asylum officer under subparagraph (C) any alien who has indicated an intention to apply for asylum or a fear of persecution. (C) (i) If an asylum officer determines that an alien has a credible fear of persecution, the alien shall be entitled to apply for asylum under section 208. (ii) If an asylum officer determines that an alien does not have a credible fear of persecution the officer shall order the alien excluded from the United States without further hearing or review. (3) (A) Except as provided in subparagraph (B), if the examining immigration officer determines that an alien seeking entry is not clearly and beyond a doubt entitled to enter, the alien shall be detained for a hearing before a special inquiry officer. (B) The provisions of subparagraph (A) shall not apply— (i) to an alien crewman, (ii) to an alien described in paragraph (2)(A) or 2(C)(ii)(I), or (iii) if the conditions described in section 273(d) exist. (4) The decision of the examining immigration officer, if favorable to the admission of any alien, shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien, whose privilege to enter is so challenged, before a special inquiry officer for a hearing on exclusion of the alien. (5) (A) Subject to subparagraph (B), an alien has not entered the United States for purposes of this Act unless and until such alien has been inspected and admitted by an immigration officer pursuant to this subsection. (B) An alien who (i) is physically present in the United States, (ii) has been physically present in the United States for a continuous period of one year, and (iii) has not been inspected and admitted by an immigration officer shall be deemed to have entered the United States without inspection. (6) Interior repatriation The Secretary of State shall undertake to enter into, on behalf of the United States, arrangements with the governments of countries contiguous to the United States that any excludable or deportable alien who is to depart the United States to such country under an order of deportation, under a grant of voluntary departure with safeguards, or at a time when the alien is in federal custody shall be transported to a point in the contiguous country that, to the extent practicable, is not less than 500 kilometers from the border of the United States.. (b) Grounds for exclusion Section 221(a)(6) of the Immigration and Nationality Act is amended by adding the following paragraphs: (G) (i) Any alien who, in seeking entry to the United States or boarding a common carrier for the purpose of coming to the United States, presents any document which is forged, counterfeit, altered, falsely made, stolen, or inapplicable to the alien presenting the document, or otherwise contains a misrepresentation of a material fact, shall be excluded. (ii) Subparagraph (ii) shall not apply to an alien if, in the determination of the asylum officer, the document or documents to which that subparagraph refers were presented by the alien solely to enable the alien to depart directly from— (A) a country in which the alien had a credible fear of persecution; or (B) a country in which there was a significant danger that the alien would be returned to a country in which the alien would have a credible fear of persecution. (iii) For the purposes of this subparagraph, the term credible fear of persecution means (I) that it is more probable than not that the statements made by the alien in support of his or her claim are true, and (II) that there is a significant possibility, in light of such statements and of such other facts as are known to the officer that the alien could establish eligibility for asylum under section 208. (H) Any alien who, in boarding a common carrier for the purpose of coming to the United States, presents a document that relates or purports to relate to the alien's eligibility to enter the United States, and fails to present such document to an immigration officer upon arrival at a port of entry into the United States, shall be excluded.. (b) Conforming amendments Section 237(a) (8 U.S.C. 1227(a)) is amended— (1) in the second sentence of paragraph (1) by striking Deportation and inserting Subject to section 235(b)(2), deportation; and (2) in the first sentence of paragraph (2) by striking If and inserting Subject to section 235(b)(2), if.