Professional Documents
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1278
1 DIVISION L—PROTECTION OF
2 CENTRAL AMERICAN MINORS
3 SEC. 101. SHORT TITLE.
17 ALIENS AS ASYLEES.
18 (a) APPLICATIONS.—
19 (1) IN GENERAL.—Section 208(a)(2) of the Im-
20 migration and Nationality Act (8 U.S.C. 1158(a)(2))
21 is amended by adding at the end the following:
22 ‘‘(F) AUTHORITY FOR CERTAIN CENTRAL
24 ‘‘(i) IN GENERAL.—Notwithstanding
1279
1 graph (1), and except as provided in clause
2 (ii), a national of El Salvador, Guatemala,
3 or Honduras who is younger than 18 years
4 of age and is outside of the United States
5 as of the date of the enactment of the Cen-
6 tral American Minors Protection Act of
7 2019 shall be ineligible for asylum un-
8 less—
9 ‘‘(I) the alien submits an applica-
10 tion for asylum outside of the United
11 States at a Designated Application
12 Processing Center in Central America;
13 ‘‘(II) the United Nations High
14 Commissioner for Refugees or a non-
15 governmental organization designated
16 by the Secretary of Homeland Secu-
17 rity has referred the alien to the Sec-
18 retary of Homeland Security after de-
19 termining that the alien is likely to be
20 eligible for asylum;
21 ‘‘(III) not later than 90 days
22 after the date on which the alien was
23 referred by the United Nations High
24 Commissioner for Refugees or the
25 designated nongovernmental organiza-
1280
1 tion under subclause (II), the alien
2 submits an application for asylum at
3 a Designated Application Processing
4 Center, in accordance with the re-
5 quirements and procedures established
6 by the Secretary of Homeland Secu-
7 rity pursuant to this section;
8 ‘‘(IV) the alien has not been con-
9 victed of a Federal, State, or local
10 criminal offense (excluding a State or
11 local offense for which an essential
12 element was the immigration status of
13 the alien) punishable by imprisonment
14 for a term exceeding 1 year or a simi-
15 lar foreign offense;
16 ‘‘(V) the alien has not been re-
17 moved from the United States;
18 ‘‘(VI) the alien is not subject to
19 an outstanding final order of removal;
20 ‘‘(VII) the Secretary of Home-
21 land Security has determined that the
22 alien is not a public safety or national
23 security risk;
24 ‘‘(VIII) the alien has not had an
25 application for asylum denied;
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1 ‘‘(IX) the alien is younger than
2 18 years of age on the date on which
3 the asylum application is filed;
4 ‘‘(X) the alien has a qualified
5 parent or guardian in the United
6 States capable of taking custody and
7 care of the minor upon arrival in the
8 United States; and
9 ‘‘(XI) the alien is otherwise eligi-
10 ble to apply for and receive asylum
11 under subsections (a)(2) and (b)(2).
12 ‘‘(ii) EXCEPTION.—Notwithstanding
13 clause (i), paragraph (1) shall apply to a
14 national of El Salvador, of Guatemala, or
15 of Honduras if the alien is present in the
16 United States before the date of the enact-
17 ment of the Central American Minors Pro-
18 tection Act of 2019.
19 ‘‘(iii) TIME LIMIT.—The time limit
20 under subparagraph (B) shall not apply to
21 nationals of El Salvador, of Guatemala, or
22 of Honduras who are described in clause
23 (i).’’.
24 (2) SUNSET.—The amendment made by para-
25 graph (1) shall remain in effect until the date that
1282
1 is 3 years after the date of the enactment of this
2 Act.
3 (b) ELIGIBILITY.—
4 (1) IN GENERAL.—Section 208(b) of the Immi-
5 gration and Nationality Act (8 U.S.C. 1158(b)) is
6 amended—
7 (A) in paragraph (1)—
8 (i) by redesignating subparagraph (B)
9 as subparagraph (C); and
10 (ii) by inserting after subparagraph
11 (A) the following:
12 ‘‘(B) ELIGIBILITY OF CERTAIN CENTRAL
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1 ‘‘(II) a grant of asylum to the
2 alien would not cause the number of
3 asylum grants in a fiscal year to ex-
4 ceed the number set forth in clause
5 (iii)(II); and
6 ‘‘(III) the Secretary of Homeland
7 Security determines that—
8 ‘‘(aa) the alien warrants a
9 grant of asylum; and
10 ‘‘(bb) such grant is con-
11 sistent with the national interest.
12 ‘‘(ii) DESIGNATED APPLICATION
13 PROCESSING CENTERS.—
14 ‘‘(I) ESTABLISHMENT.—Not
15 later than 240 days after the date of
16 the enactment of the Central Amer-
17 ican Minors Protection Act of 2019,
18 the Secretary of State shall establish
19 Designated Application Processing
20 Centers, with the consent of the coun-
21 try in which such centers will be lo-
22 cated, if necessary.
23 ‘‘(II) LOCATIONS.—
24 ‘‘(aa) IN GENERAL.—The
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1 that not fewer than 1 Designated
2 Application Processing Center is
3 established in each of the fol-
4 lowing countries:
5 ‘‘(AA) Belize.
6 ‘‘(BB) Costa Rica.
7 ‘‘(CC) El Salvador.
8 ‘‘(DD) Guatemala.
9 ‘‘(EE) Honduras.
10 ‘‘(FF) Mexico.
11 ‘‘(GG) Nicaragua.
12 ‘‘(HH) Panama.
13 ‘‘(bb) SELECTION.—The
14 Secretary of State, in consulta-
15 tion with the Secretary of Home-
16 land Security, shall select the lo-
17 cation of each Designated Appli-
18 cation Processing Center de-
19 scribed in item (aa).
20 ‘‘(III) DUTIES OF THE SEC-
1285
1 ‘‘(aa) to apply to a Des-
2 ignated Application Processing
3 Center for asylum under this
4 subparagraph; and
5 ‘‘(bb) if the alien applying
6 for asylum is an unaccompanied
7 alien child (as defined in section
8 462(g)(2) of the Homeland Secu-
9 rity Act of 2002), to have legal
10 counsel present at any interview
11 at no expense to the United
12 States Government.
13 ‘‘(IV) ADJUDICATION BY ASYLUM
14 OR REFUGEE OFFICERS.—Applica-
1286
1 may not exceed 50,000 in any fiscal
2 year.
3 ‘‘(II) ASYLUM GRANTS.—The
1287
1 SEC. 104. APPLICATION FEES.
1288
1 (A) in the matter preceding subparagraph
2 (A), by inserting ‘‘the Secretary of Homeland
3 Security or’’ before ‘‘the Attorney General’’;
4 (B) in subparagraph (D), by striking ‘‘or’’
5 at the end;
6 (C) in subparagraph (E), by striking the
7 period at the end and inserting ‘‘; or’’; and
8 (D) by adding at the end the following:
9 ‘‘(F) the alien, since receiving asylum sta-
10 tus, has returned to the country of the alien’s
11 nationality (or, in the case of an alien having
12 no nationality, returns to any country in which
13 such alien last habitually resided), unless—
14 ‘‘(i) the Secretary of Homeland Secu-
15 rity or the Attorney General, in the Sec-
16 retary’s or Attorney General’s sole and
17 unreviewable discretion and pursuant to
18 such rules and regulations as each may
19 adopt, determines that the alien had a
20 compelling reason for the return; and
21 ‘‘(ii) the alien seeks a waiver de-
22 scribed in clause (i) before departing from
23 the United States or upon returning to the
24 United States.’’; and
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1 (2) in paragraph (3), by striking ‘‘section
2 212(a) and 237(a)’’ and inserting ‘‘sections 212(a)
3 and 237(a)’’.
4 SEC. 106. FRIVOLOUS ASYLUM APPLICATIONS.
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1 (2) in paragraph (6)—
2 (A) by striking ‘‘paragraph (4)(A)’’ and in-
3 serting ‘‘paragraph (4)(C)’’;
4 (B) by striking ‘‘If the’’ and inserting the
5 following:
6 ‘‘(A) IN GENERAL.—If the Secretary of
7 Homeland Security or the’’; and
8 (C) by adding at the end the following:
9 ‘‘(B) EXAMPLES.—For purposes of sub-
10 paragraph (A) and paragraph (4), an applica-
11 tion for asylum is frivolous if—
12 ‘‘(i) the application—
13 ‘‘(I) contains a deliberately fab-
14 ricated material element;
15 ‘‘(II) is supported by a fabricated
16 or false document or other piece of
17 evidence;
18 ‘‘(III) is wholly unfounded in
19 credibility even if not deliberately fab-
20 ricated;
21 ‘‘(IV) was filed, in whole or in
22 part, for a purpose other than seeking
23 protection from persecution, including
24 being filed to obtain work authoriza-
25 tion or being filed to be placed in re-
1291
1 moval proceedings in order to seek an-
2 other type of relief from removal;
3 ‘‘(V) was filed solely to delay re-
4 moval from the United States rather
5 than due to a genuine fear of persecu-
6 tion; or
7 ‘‘(VI) is clearly foreclosed by ap-
8 plicable law, including failure to com-
9 ply with the time limit under section
10 208(a)(2)(B); or
11 ‘‘(ii) the application is withdrawn un-
12 less the alien—
13 ‘‘(I) wholly disclaims the applica-
14 tion and withdraws it with prejudice;
15 ‘‘(II) is eligible for, and agrees to
16 accept, an agreement to voluntary de-
17 part the United States within 30 days
18 at his or her own expense, in accord-
19 ance with section 240B(a);
20 ‘‘(III) withdraws any and all
21 other applications for relief or protec-
22 tion with prejudice; and
23 ‘‘(IV) waives his or her right to
24 appeal and any rights to file, for any
1292
1 reason, a motion to reopen or recon-
2 sider.
3 ‘‘(C) WORK AUTHORIZATION.—The fact
4 that an alien may receive work authorization
5 following the filing of an asylum application, by
6 itself, is insufficient to show that the applica-
7 tion was filed for that purpose.
8 ‘‘(D) EFFECT OF WARNING.—An alien who
9 has filed an application containing the warning
10 required under section 208(d)(4) need not be
11 given any further opportunity to account for
12 any issues with his or her claim prior to the
13 entry of a frivolous finding.
14 ‘‘(E) ELIGIBILITY FOR OTHER RELIEF.—A
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1 ‘‘(F) PERMITTED DISCLOSURES.—Notwith-
16 JUSTMENT OF STATUS.
1294
1 ney General or the Secretary may prescribe, if the
2 Attorney General or the Secretary’’; and
3 (2) by inserting ‘‘, or has been convicted of a
4 felony at any time after being admitted as a ref-
5 ugee’’ before the period at the end.
6 (b) TERMINATION OF ASYLUM.—Section
7 208(c)(2)(B) of the Immigration and Nationality Act (8
8 U.S.C. 1158(c)(2)) is amended inserting ‘‘or has been con-
9 victed of a felony at any time after receiving asylum sta-
10 tus’’ before the semicolon at the end.
11 (c) ADJUSTMENT OF STATUS.—Section 209(b) of the
12 Immigration and Nationality Act (8 U.S.C. 1159(b)) is
13 amended—
14 (1) in paragraphs (1), (2), and (3), by striking
15 the comma at the end of each paragraph and insert-
16 ing a semicolon;
17 (2) in paragraph (4), by striking ‘‘, and’’ and
18 inserting a semicolon;
19 (3) in paragraph (5), by striking the period at
20 the end and inserting ‘‘; and’’; and
21 (4) by adding at the end the following:
22 ‘‘(6) has not been convicted of a felony.’’.
23 (d) INADMISSIBILITY.—Section 212(a)(10) of the Im-
24 migration and Nationality Act (8 U.S.C. 1182(a)(10)) is
25 amended by adding at the end the following:
1295
1 ‘‘(F) FORMER ASYLEES.—Any alien who
2 was granted asylum under section 208 and
3 whose asylum status has been terminated pur-
4 suant to subsection (c)(2) of such section is in-
5 admissible.’’.
6 (e) DEPORTABILITY.—Section 237(a)(1) of the Im-
7 migration and Nationality Act (8 U.S.C. 1227(a)(1)) is
8 amended by inserting after subparagraph (E) the fol-
9 lowing:
10 ‘‘(F) TERMINATION OF REFUGEE STATUS
1296
1 (i) in the paragraph heading, by strik-
2 ing ‘‘SPECIAL RULES FOR CHILDREN FROM
5 ALIEN CHILDREN.—’’;
19 and
20 (II) in the matter preceding
21 clause (i), by striking ‘‘countries con-
22 tiguous to the United States’’ and in-
23 serting ‘‘Canada, El Salvador, Guate-
24 mala, Honduras, Mexico, and any
1297
1 other country the Secretary deter-
2 mines to be appropriate.’’; and
3 (iv) by adding at the end the following
4 ‘‘(D) SPECIAL RULE.—
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1 companied alien child shall be placed in re-
2 moval proceedings under section 240 of the
3 Immigration and Nationality Act (8 U.S.C.
4 1229a).
5 ‘‘(iii) RULE OF CONSTRUCTION.—Any
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1 SEC. 109. APPLYING BARS TO CREDIBLE FEAR INTERVIEWS.
10 FRAUD.
1300
1 eral’’ each place such term appears (other than
2 in subparagraph (A)(v)); and
3 (B) in subparagraph (A)(v), by striking
4 ‘‘the Attorney General determines, in the Attor-
5 ney General’s discretion,’’ and inserting ‘‘the
6 Secretary of Homeland Security or the Attorney
7 General determines, in the sole discretion of the
8 Secretary or the Attorney General, as applica-
9 ble,’’;
10 (3) in subsection (c)—
11 (A) in paragraph (1), by striking ‘‘Attor-
12 ney General’’ each place it appears and insert-
13 ing ‘‘Secretary of Homeland Security’’; and
14 (B) in paragraph (3), by inserting ‘‘the
15 Secretary of Homeland Security or’’ before ‘‘the
16 Attorney General’’; and
17 (4) in subsection (d)—
18 (A) in paragraph (1), by inserting ‘‘Sec-
19 retary of Homeland Security or the’’ before
20 ‘‘Attorney General’’ each place it appears;
21 (B) in paragraph (2), by striking ‘‘Attor-
22 ney General’’ and inserting ‘‘Secretary of
23 Homeland Security’’; and
24 (C) in paragraph (5)—
1301
1 (i) in subparagraph (A), by striking
2 ‘‘Attorney General’’ and inserting ‘‘Sec-
3 retary of Homeland Security’’; and
4 (ii) in subparagraph (B), by inserting
5 ‘‘Secretary of Homeland Security or the’’
6 before ‘‘Attorney General’’.
7 SEC. 112. RULEMAKING.