I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. LIMITATION ON ASYLUM FOR ALIENS WHO

4 PASS THROUGH THIRD COUNTRIES.

5 (a) IN GENERAL.—Section 208 of the Immigration

6 and Nationality Act (8 U.S.C. 1158) is amended by add7 ing at the end the following new subsection:
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1 ‘‘(f)(1) Subject to paragraphs (3) and (4), an alien

2 may not apply for asylum in the United States (or be

3 granted asylum) if the alien, after departing from the

4 country of the alien’s nationality (or, in the case of an

5 alien having no nationality, the country in which the alien

6 last habitually resided) and before arriving at the United

7 States, passed through another country (in this subsection

8 referred to as a ‘country of safe haven’) which the Sec9 retary of State has identified as providing asylum or safe

10 haven to refugees.

11 ‘‘(2) In the case of an alien who is prohibited from

12 applying for asylum under paragraph (1) and who is ex13 cluded from admission or deported, notwithstanding sec14 tions 237(a) and 243(a), the removal of the alien shall

15 first be to the country of safe haven.

16 ‘‘(3) Paragraph (1) shall not apply to an alien if the

17 alien establishes to an appropriate immigration officer all

18 of the following:

19 ‘‘(A) The alien seeks to apply for asylum after

20 admission to the United States as a nonimmigrant

21 visitor for business or pleasure under section

22 101(a)(15)(B).

23 ‘‘(B) The alien was not a refugee at the time

24 at which the alien passed through the country of

25 safe haven, and
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1 ‘‘(C) The alien is such a refugee because of ma2 terial changes in circumstances of the alien’s native

3 country since the date of such passage.

4 ‘‘(4) Paragraph (1) shall not apply to an alien if the

5 alien establishes to an appropriate immigration officer

6 that the alien—

7 ‘‘(A) has previously been returned to the coun8 try of safe haven and has been denied admission, or

9 ‘‘(B) has a clear probability of persecution in

10 that country of safe haven if returned to that coun11 try on account of race, religion, nationality, member12 ship in a particular social group, or political opinion.

13 ‘‘(5) The Attorney General shall provide a process for

14 the review of determinations under paragraphs (3) and

15 (4). During the pendency of such review, the alien shall

16 be detained at a detention center of the Service and shall

17 not be provided employment authorization by the Service.

18 ‘‘(6) In this subsection, the term ‘detention center of

19 the Service’ includes any detention facility operated by (or

20 under the supervision, regulation, or contract of) the Serv21 ice.’’.

22 (b) EFFECTIVE DATE.—(1) The Secretary of State

23 shall first publish a list of countries providing asylum or

24 safe haven to refugees by not later than 90 days after the

25 date of the enactment of this Act.
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1 (2) The amendment made by subsection (a) shall

2 apply to aliens who seek to apply for asylum on or after

3 15 days after the date such list is first published.

4 SEC. 2. NEGOTIATIONS WITH CONVENTION AND PROTOCOL

5 SIGNATORIES REGARDING LIMITATION ON

6 ASYLUM REQUESTS.

7 The Secretary of State shall actively engage in nego8 tiations with the foreign ministers of countries that are

9 signatories either of the Geneva Convention Relating to

10 the Status of Refugees (done on July 28, 1951) or of the

11 Protocol Relating to the Status of Refugees (done in New

12 York on January 31, 1967) in order to establish uniform

13 international procedures limiting asylum requests of indi14 viduals fleeing persecution in a country to the first country

15 a refugee passes through that is such a signatory and that

16 does not persecute such a refugee.

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