Asylum

(a) In general Section 208 (8 U.S.C. 1158) is amended to read as follows: 208. (a) Asylum (1) Right to apply An alien physically present in the United States or at a land border or port of entry may apply for asylum in accordance with this section. (2) Conditions for granting (A) Grants by attorney general The Attorney General may grant asylum to an alien if the alien applies for asylum in accordance with the requirements of this section and establishes that it is more probable than not that in the alien's country of nationality (or, in the case of a person having no nationality, the country in which such alien last habitually resided) such alien would be arrested and incarcerated or such alien's life would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion. (B) Exception Subparagraph (A) shall not apply to an alien if the Attorney General determines that— (i) the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; (ii) the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States; (iii) there are serious reasons for believing that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States; (iv) there are reasonable grounds for regarding the alien as a danger to the security of the United States; or (v) a country willing to accept the alien has been identified (other than the country described in subparagraph (A)) to which the alien can be deported or returned and the alien does not establish that it is more likely than not that the alien would be incarcerated or the alien's life would be threatened in such country on account of race, religion, nationality, membership of a particular social group, or political opinion. For purposes of clause (ii), an alien who has been convicted of an aggravated felony shall be considered to have committed a particularly serious crime. The Attorney General shall promulgate regulations that specify additional crimes that will be considered to be a crime described in clause (ii) or clause (iii). (3) Asylum status In the case of any alien granted asylum under paragraph (2), the Attorney General, in accordance with this section— (A) shall not deport or return the alien to the country described under paragraph (2)(A); (B) shall authorize the alien to engage in employment in the United States and provide the alien with an employment authorized endorsement or other appropriate work permit; and (C) may allow the alien to travel abroad with the prior consent of the Attorney General, except that such travel may not be authorized to the country from which the alien claimed to be fleeing persecution. (4) Termination Asylum granted under paragraph (2) shall be terminated if the Attorney General, pursuant to such regulations as the Attorney General may prescribe, determines that— (A) the alien no longer meets the conditions described in paragraph (2) owing to a change in circumstances in the alien's country of nationality or, in the case of an alien having no nationality, in the country in which the alien last habitually resided; (B) the alien meets a condition described in paragraph (2); (C) a country willing to accept the alien has been identified (other than the country described in paragraph (2)) to which the alien can be deported or returned and the alien cannot establish that it is more likely than not that the alien would be arrested or incarcerated in such country on account of race, religion, nationality, membership in a particular social group, or political opinion; or (D) the alien returns to the country from which the alien claimed to be fleeing persecution or makes application with the Attorney General to return to the country from which the alien claimed to fleeing persecution. (5) Acceptance by another country In the case of an alien described in paragraph (2)(C)(v) or paragraph (4)(C), the alien's deportation or return shall be directed by the Attorney General in the sole discretion of the Attorney General, to any country which is willing to accept the alien into its territory (other than the country described in paragraph (2)). (b) Asylum procedure (1) Applications (A) In general (i) Deadline Subject to clause (ii), an alien's application for asylum shall not be considered under this section unless— (I) the alien has filed, not later than 30 days after entering or coming to the United States, notice of intention to file such an application, and (II) such application is actually filed not later than 45 days after entering or coming to the United States. (ii) Exception An application for temporary asylum may be considered, notwithstanding that the requirements of clause (i) have not been met, only if the alien demonstrates by clear and convincing evidence changed circumstances in the alien's country of nationality (or in the case of an alien with no nationality, in the country where the alien last habitually resided) affecting eligibility for asylum. (B) Requirements An application for temporary asylum shall not be considered unless the alien submits to the taking of fingerprints and a photograph in a manner determined by the Attorney General. (C) Fees The Attorney General may provide for a reasonable fee for the consideration of an application for asylum or for any employment authorization under subsection (a)(3)(B). (D) Notice of privilege of counsel and consequences of frivolous application At the time of filing a notice of intention to apply for asylum, the alien shall be advised of the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proceedings, as the alien shall choose and of the consequences, under subsection (d), of filling a frivolous application for temporary asylum. (2) Consideration of applications; hearings (A) Asylum officers Applications for temporary asylum shall be considered by officers of the Service (referred to in this Act as asylum officers) who are specially designated by the Service as having special training and knowledge of international conditions and human rights records of foreign countries. Pending the designation of such officers, individuals who as of the date of the enactment of the Harry Reid Immigration Stabilization Act are authorized to perform duties as asylum officers shall be deemed to be qualified to be asylum officers for purposes of this Act. (B) Scheduling of hearings (i) In general Upon the filing of an application for asylum, an asylum officer, at the earliest practicable time and after consultation with the attorney for the Government and the attorney (if any) for the applicant, shall set the application for hearing on a day certain or list it on a weekly or other short-term calendar, so as to assure a speedy hearing. (ii) Deadline Unless the applicant (or an attorney for the applicant) consents in writing to the contrary, the hearing on the asylum application shall commence not later than 45 days after the date the application was filed. (C) Public hearings A hearing on a temporary asylum application shall be open to the public unless the applicant requests that it be closed to the public. (D) Rights in hearings The officer shall, to the extent practicable, conduct the hearing in a nonadversarial manner. During such hearing, the applicant shall have the privilege of the assistance and participation of counsel (as provided under paragraph (1)(D)) and both the government and the applicant shall be entitled to present evidence and witnesses, to examine and object to evidence, and to cross-examine all witnesses. (E) Country conditions An officer may request opinions regarding country conditions from the Secretary of State, but shall not request or consider recommendations from the Secretary of State as to whether a particular named individual should or should not be granted temporary asylum. (F) Transcript of hearings A complete record of the proceedings and of all testimony and evidence produced at the hearing shall be kept. The hearing shall be recorded verbatim. The Attorney General and the Service shall provide that a transcript of a hearing held under this section is made available not later than 10 days after the date of completion of the hearing. (G) Deadline for determinations on applications The officer shall render a determination on the application not later than 30 days after the date of completion of the hearing. The determination of the officer shall be based only on the officer's knowledge of international conditions and human rights records of foreign countries, and evidence produced at the hearing. (H) Resource allocation The Attorney General shall allocate sufficient resources so as to assure that applications for asylum are heard and determined on a timely basis. However, nothing in this paragraph relating to scheduling or deadlines shall be construed as creating any right or benefit, substantive or procedural, which is legally enforceable by any party against the United States, its agencies, its officers, or any other person. (I) Sanctions for failure to appear (i) Subject to clause (ii), the application for asylum of an alien who does not appear for a hearing on such application shall be summarily dismissed unless the alien can show exceptional circumstances (as defined in section 242B(f)(2)) as determined by the asylum officer. (ii) Clause (i) shall not apply if written and oral notice were not provided as required by section 242B(e)(4)(B). (iii) Except in exceptional circumstances (as defined in section 242B(f)(2)), an application summarily dismissed in accordance with Clause (i) shall not be reopened or reconsidered nor shall a new application for asylum be entertained by the Attorney General at any time. (J) Finality of determinations (i) In general The decision of the asylum officer shall be the final administrative determination of a claim for asylum. (ii) Treatment of cases in exclusion or deportation If proceedings are instituted against an alien under section 235 or 242 of this Act and the alien files an application for asylum based on circumstances described in subsection (b)(1)(A)(ii), the asylum officer shall render, on an expedited basis, a decision on the application. (c) Asylum status adjustments (1) Adjustment of status Under such regulations as the Attorney General may prescribe, the Attorney General shall adjust to the status of an alien granted asylum the status of any alien granted asylum under subsection (a)(2)(A) who— (A) applies for such adjustment; (B) has been physically present in the United States for at least 3 years after being granted asylum; (C) continues to be eligible for asylum under this section; and (D) is admissible under this Act at the time of examination for adjustment of status under this subsection. (2) Treatment of spouse and children A spouse or child (as defined in section 101(b)(A), (B), (C), (D), or (E)) of an alien whose status is adjusted to that of an alien granted asylum under paragraph (a)(2) may be granted the same status as the alien if accompanying, or following to join, such alien. (3) Application fees The Attorney General may impose a reasonable fee for the filing of an application for asylum under this subsection. (d) Denial of immigration benefits for frivolous applications (1) In general If the asylum officer determines that an alien has made a frivolous application for asylum under this section and the alien has received the notice under subsection (b)(1)(D)(i), the alien shall be permanently ineligible for any benefits under this Act, effective as of the date of a final determination on such application. (2) Treatment of fraudulent or material misrepresentations For purposes of this subsection, an application considered to be frivolous includes, but is not limited to, an application which is fraudulent or otherwise contains a willful misrepresentation or concealment of a material fact..