H.R.2182 - To amend the Immigration and Nationality Act with respect to treatment of aliens who claim asylum after passing through a third country which could provide asylum.104th Congress (1995-1996)
|Sponsor:||Rep. Franks, Bob [R-NJ-7] (Introduced 08/03/1995)|
|Committees:||House - Judiciary|
|Latest Action:||House - 10/02/1995 Referred to the Subcommittee on Immigration and Claims. (All Actions)|
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Text: H.R.2182 — 104th Congress (1995-1996)All Information (Except Text)
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Introduced in House (08/03/1995)
[Congressional Bills 104th Congress] [From the U.S. Government Printing Office] [H.R. 2182 Introduced in House (IH)] 104th CONGRESS 1st Session H. R. 2182 To amend the Immigration and Nationality Act with respect to treatment of aliens who claim asylum after passing through a third country which could provide asylum. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES August 3, 1995 Mr. Franks of New Jersey (for himself, Mr. Zimmer, Mr. Hancock, Mr. Cunningham, Mr. Sensenbrenner, Mr. Frazer, Mr. LoBiondo, and Mr. Saxton) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act with respect to treatment of aliens who claim asylum after passing through a third country which could provide asylum. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LIMITATION ON ASYLUM FOR ALIENS WHO PASS THROUGH THIRD COUNTRIES. (a) In General.--Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding at the end the following new subsection: ``(f)(1) Subject to paragraphs (3) and (4), an alien may not apply for asylum in the United States (or be granted asylum) if the alien, after departing from the country of the alien's nationality (or, in the case of an alien having no nationality, the country in which the alien last habitually resided) and before arriving at the United States, passed through another country (in this subsection referred to as a `country of safe haven') which the Secretary of State has identified as providing asylum or safe haven to refugees. ``(2) In the case of an alien who is prohibited from applying for asylum under paragraph (1) and who is excluded from admission or deported, notwithstanding sections 237(a) and 243(a), the removal of the alien shall first be to the country of safe haven. ``(3) Paragraph (1) shall not apply to an alien if the alien establishes to an appropriate immigration officer all of the following: ``(A) The alien seeks to apply for asylum after admission to the United States as a nonimmigrant visitor for business or pleasure under section 101(a)(15)(B). ``(B) The alien was not a refugee at the time at which the alien passed through the country of safe haven, and ``(C) The alien is such a refugee because of material changes in circumstances of the alien's native country since the date of such passage. ``(4) Paragraph (1) shall not apply to an alien if the alien establishes to an appropriate immigration officer that the alien-- ``(A) has previously been returned to the country of safe haven and has been denied admission, or ``(B) has a clear probability of persecution in that country of safe haven if returned to that country on account of race, religion, nationality, membership in a particular social group, or political opinion. ``(5) The Attorney General shall provide a process for the review of determinations under paragraphs (3) and (4). During the pendency of such review, the alien shall be detained at a detention center of the Service and shall not be provided employment authorization by the Service. ``(6) In this subsection, the term `detention center of the Service' includes any detention facility operated by (or under the supervision, regulation, or contract of) the Service.''. (b) Effective Date.--(1) The Secretary of State shall first publish a list of countries providing asylum or safe haven to refugees by not later than 90 days after the date of the enactment of this Act. (2) The amendment made by subsection (a) shall apply to aliens who seek to apply for asylum on or after 15 days after the date such list is first published. SEC. 2. NEGOTIATIONS WITH CONVENTION AND PROTOCOL SIGNATORIES REGARDING LIMITATION ON ASYLUM REQUESTS. The Secretary of State shall actively engage in negotiations with the foreign ministers of countries that are signatories either of the Geneva Convention Relating to the Status of Refugees (done on July 28, 1951) or of the Protocol Relating to the Status of Refugees (done in New York on January 31, 1967) in order to establish uniform international procedures limiting asylum requests of individuals fleeing persecution in a country to the first country a refugee passes through that is such a signatory and that does not persecute such a refugee. <all>