II

107TH CONGRESS

1ST SESSION S. 1311

To amend the Immigration and Nationality Act to reaffirm the United States

historic commitment to protecting refugees who are fleeing persecution

or torture.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 2001

Mr. LEAHY (for himself, Mr. BROWNBACK, Mr. KENNEDY, Ms. COLLINS, Mr.

DURBIN, Mr. JEFFORDS, and Mr. GRAHAM) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to reaffirm

the United States historic commitment to protecting refugees who are fleeing persecution or torture.

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

3 SECTION 1. SHORT TITLE; REFERENCES IN ACT.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Refugee Protection Act of 2001’’.

6 (b) REFERENCES IN ACT.—Except as specifically

7 provided in this Act, whenever in this Act an amendment

8 or repeal is expressed as an amendment to or repeal of

9 a provision, the reference shall be deemed to be made to
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1 that provision in the Immigration and Nationality Act (8

2 U.S.C. 1101 et seq.).

3 SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES.

4 (a) FINDINGS.—Congress makes the following find5 ings:

6 (1) The very foundation of the Republic was

7 laid by people who came to America to escape perse8 cution, including many who fled persecution on the

9 basis of their faith.

10 (2) Protecting people from persecution is a

11 cherished goal and a guiding principle of the United

12 States.

13 (3) The United States has a history of gen14 erosity to persons fleeing persecution, a history that

15 has served as an inspiring example to other coun16 tries developing refugee policy, even though only a

17 tiny fraction of the world’s oppressed actually seek

18 refuge on United States shores.

19 (4) Conversely, when the United States has re20 stricted protection for refugees, other countries have

21 followed that lead.

22 (5) United States law fails to ensure that a per23 son fleeing persecution who arrives in the United

24 States has a fair and adequate opportunity to

25 present a claim for protection.
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1 (b) PURPOSES.—The purposes of this Act are—

2 (1) to reduce the likelihood that a bona fide ref3 ugee will be returned to persecution in the refugee’s

4 country of nationality, or country of last habitual

5 residence, by United States authorities because of

6 expedited removal procedures or lack of fairness in

7 the United States asylum system; and

8 (2) to provide alternatives to detention and im9 prove detention conditions for asylum seekers.

10 TITLE I—PROTECTION OF

11 ASYLUM SEEKERS

12 SEC. 101. SAFEGUARDS AGAINST ERRONEOUS EXCLUSION

13 OF ASYLUM SEEKERS.

14 (a) LIMITATION OF SUMMARY INSPECTION PROCE15 DURES TO IMMIGRATION EMERGENCIES.—Section

16 235(b)(1) (8 U.S.C. 1225(b)(1)) is amended—

17 (1) by redesignating subparagraphs (A) through

18 (F) as subparagraphs (B) through (G), respectively;

19 and

20 (2) by inserting after the caption for paragraph

21 (1) the following new subparagraph:

22 ‘‘(A) EMERGENCY MIGRATION SITUA23 TIONS.—

24 ‘‘(i) SCOPE OF PARAGRAPH.—The au25 thority in this paragraph shall apply to
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1 those instances in which the Attorney Gen2 eral determines that the numbers or cir3 cumstances of aliens en route to or arriv4 ing in the United States, by land, sea, or

5 air present an extraordinary migration sit6 uation, and only to those aliens arriving

7 from the foreign state or states giving rise

8 to an extraordinary migration situation.

9 ‘‘(ii) EXTRAORDINARY MIGRATION

10 SITUATION DEFINED.—As used in this

11 subparagraph, the term ‘extraordinary mi12 gration situation’ means the arrival or im13 minent arrival in the United States or its

14 territorial waters of aliens who by their

15 numbers or circumstances substantially ex16 ceed the capacity for inspection and exam17 ination of those aliens, where there are ex18 traordinary and temporary conditions in

19 the foreign state of which those aliens are

20 nationals.

21 ‘‘(iii) DETERMINATIONS BY THE AT22 TORNEY GENERAL.—The determination of

23 whether there exists an extraordinary mi24 gration situation is in the sole and exclu25 sive discretion of the Attorney General.
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1 ‘‘(iv) EFFECTIVE PERIOD OF DETER2 MINATIONS.—A determination made under

3 this subparagraph shall be effective for a

4 period not to exceed 90 days, unless, with5 in that 90-day period (or extension there6 of), the Attorney General determines, after

7 consultation with the Committees on the

8 Judiciary of the Senate and the House of

9 Representatives, that an extraordinary mi10 gration situation continues to warrant

11 those procedures remaining in effect for an

12 additional 90-day period.’’.

13 (b) REFORM OF SUMMARY INSPECTION PROCEDURES

14 TO DECREASE THE LIKELIHOOD OF ERROR.—Section

15 235(b)(1)(B) (as redesignated by subsection (a)) is

16 amended to read as follows:

17 ‘‘(B) SCREENING.—

18 ‘‘(i) IN GENERAL.—If an immigration

19 officer determines that an alien (other

20 than an alien described in subparagraph

21 (G)) who is arriving in the United States

22 is inadmissible under section 212(a)(6)(C)

23 or 212(a)(7) because the alien has no doc24 uments or has documents that are invalid

25 on their face, the officer shall permit the
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1 alien to withdraw the application for ad2 mission under subsection (a)(4), or order

3 the alien removed from the United States,

4 unless the alien indicates an intention to

5 apply for asylum under section 208 or a

6 fear of returning to his country of nation7 ality or country of last habitual residence.

8 Prior to withdrawal of an application for

9 admission or issuance of a removal order,

10 the alien shall be informed in writing and

11 in a language the alien understands of the

12 consequences of withdrawal or issuance of

13 a removal order, the availability of review

14 of a removal order, and that the alien shall

15 have access to counsel at no expense to the

16 Government in connection with such re17 view, as provided by clause (iii).

18 ‘‘(ii) CLAIMS FOR ASYLUM.—If an im19 migration officer determines that an alien

20 (other than an alien described in subpara21 graph (G)) arriving in the United States is

22 inadmissible under clause (i) and the alien

23 indicates an intention to apply for asylum

24 under section 208 or a fear of returning to

25 his country of nationality or country of last
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1 habitual residence, the officer shall refer

2 the alien for an interview by an asylum of3 ficer under subparagraph (C).

4 ‘‘(iii) REVIEW OF REMOVAL OR5 DERS.—

6 ‘‘(I) IN GENERAL.—The Attorney

7 General shall provide by regulation for

8 de novo review by an immigration

9 judge of an order issued under clause

10 (i) unless the alien waives that review.

11 ‘‘(II) PROCEDURES.—The review

12 shall include an opportunity for the

13 alien to be heard and questioned by

14 the immigration judge in person and

15 to be represented at the review by a

16 person or persons of the alien’s choos17 ing at no expense to the Government.

18 The alien shall be advised of these

19 procedures and provided the list of

20 persons prepared under section

21 239(b)(2). Review shall be concluded

22 as expeditiously as possible.

23 ‘‘(III) DETERMINATIONS OF IN24 ADMISSIBILITY.—If the immigration

25 judge determines that the alien is in-
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1 admissible under section 212(a)(6)(C)

2 or 212(a)(7) because the alien has no

3 documents or has documents that are

4 invalid on their face, the immigration

5 judge shall permit the alien to with6 draw the application for admission

7 under subsection (a)(4), or order the

8 alien removed from the United States,

9 unless the alien indicates an intention

10 to apply for asylum under section 208

11 or a fear of returning to his country

12 of nationality or country of last habit13 ual residence.

14 ‘‘(IV) REFERRAL TO ASYLUM OF15 FICERS.—If the alien indicates an in16 tention to apply for asylum under sec17 tion 208 or a fear of returning to his

18 country of nationality or country of

19 last habitual residence, the immigra20 tion judge shall refer the alien for an

21 interview by an asylum officer under

22 subparagraph (C).

23 ‘‘(V) OTHER DETERMINA24 TIONS.—If the immigration judge de25 termines that the alien is not inadmis-
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1 sible under section 212(a)(6)(C) or

2 212(a)(7), the immigration judge shall

3 order the alien admitted or shall refer

4 the alien for a removal hearing under

5 section 240.’’.

6 (c) EXCEPTIONS TO SUMMARY INSPECTION PROCE7 DURES.—Section 235(b)(1)(G) (as redesignated by sub8 section (a)) is amended to read as follows:

9 ‘‘(G) EXCEPTIONS.—Subparagraph (B)

10 shall not apply to—

11 ‘‘(i) an alien who is a native or citizen

12 of a country in the Western Hemisphere

13 with whose government the United States

14 does not have full diplomatic relations and

15 who arrives by aircraft at a port of entry;

16 or

17 ‘‘(ii) an alien who is a child unaccom18 panied by a parent or guardian.’’.

19 (d) REFORM OF CREDIBLE FEAR REVIEW PROCE20 DURES TO DECREASE THE LIKELIHOOD OF ERROR.—

21 Section 235(b)(1)(C)(iii) (as redesignated by subsection

22 (a)) is amended—

23 (1) in the caption of clause (iii), by striking

24 ‘‘WITHOUT FURTHER REVIEW’’;
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1 (2) in subclause (I), by striking ‘‘without fur2 ther hearing or review’’; and

3 (3) by amending subparagraph (III) to read as

4 follows:

5 ‘‘(III) REVIEW OF DETERMINA6 TIONS.—The Attorney General shall

7 provide by regulation for prompt re8 view by an immigration judge of a de9 termination under subclause (I) that

10 the alien does not have a credible fear

11 of persecution. The review shall in12 clude an opportunity for the alien to

13 be heard and questioned by the immi14 gration judge in person and to be rep15 resented at the review at no expense

16 to the Government. Review shall be

17 concluded as expeditiously as possible,

18 and to the maximum extent prac19 ticable, within 7 days after the date of

20 determination under subclause (I).’’.

21 (e) ENHANCED AVAILABILITY OF JUDICIAL REVIEW

22 AS A SAFEGUARD AGAINST ERRONEOUS EXCLUSION OF

23 ASYLUM SEEKERS.—Section 242 (8 U.S.C. 1252) is

24 amended—

25 (1) in subsection (a)—
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1 (A) by striking the parenthetical in para2 graph (1); and

3 (B) in paragraph (2) by—

4 (i) by striking subparagraph (A); and

5 (ii) by redesignating subparagraphs

6 (B) and (C) as subparagraphs (A) and

7 (B), respectively;

8 (2) in subsection (b)(4)(D) by striking ‘‘mani9 festly contrary to the law and’’ and inserting ‘‘con10 trary to the law or’’; and

11 (3) by striking subsection (e).

12 (f) CONFORMING AMENDMENTS.—

13 (1) CONDUCT OF INTERVIEWS BY ASYLUM OF14 FICERS.—Section 235(b)(1)(C)(i) (as redesignated

15 by subsection (a)) is amended by striking ‘‘subpara16 graph (A)(ii)’’ and inserting ‘‘subparagraph (B) (ii)

17 or (iii)’’.

18 (2) LIMITATIONS ON ADMINISTRATIVE RE19 VIEW.—Section 235(b)(1)(D) (as redesignated by

20 subsection (a)) is amended—

21 (A) by striking ‘‘subparagraph

22 (B)(iii)(III)’’ and inserting ‘‘subparagraph

23 (C)(iii)(III)’’;
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1 (B) by striking ‘‘subparagraph (A)(i) or

2 (B)(iii)(I)’’ and inserting ‘‘subparagraph

3 (B)(iii) or (C)(iii)(I)’’; and

4 (C) by striking ‘‘subparagraph (A)(i)’’ and

5 inserting ‘‘subparagraph (B)(iii)’’.

6 (3) APPLICATION TO STOWAWAYS.—Section

7 235(a)(2) (8 U.S.C. 1225(a)(2)) is amended—

8 (A) by inserting before the period at the

9 end of the first sentence the following: ‘‘, except

10 that the alien shall be informed of the avail11 ability of review of the order under subsection

12 (b)(1)(C)(iii);

13 (B) in the second sentence, by striking

14 ‘‘persecution’’ and inserting ‘‘returning to his

15 country of nationality or country of last habit16 ual residence’’; and

17 (C) by striking ‘‘subsection (b)(1)(B)’’

18 each place it appears and inserting ‘‘subsection

19 (b)(1)(C)’’.

20 SEC. 102. ELIMINATION OF ARBITRARY TIME LIMITS ON

21 ASYLUM APPLICATIONS.

22 Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is

23 amended—

24 (1) by striking subparagraph (B);
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1 (2) in subparagraph (C), by striking ‘‘(D)’’ and

2 inserting ‘‘(C)’’;

3 (3) in subparagraph (D), by striking ‘‘subpara4 graphs (B) and (C),’’ and inserting ‘‘subparagraph

5 (B),’’; and

6 (4) by redesignating subparagraphs (C) and

7 (D) as subparagraphs (B) and (C), respectively.

8 SEC. 103. ELIMINATION OF NUMERICAL LIMITATION ON AD9 JUSTMENT OF ASYLEES.

10 Section 209(b) (8 U.S.C. 1159(b)) is amended by

11 striking ‘‘Not more than’’ and all that follows through

12 ‘‘who’’ and inserting the following: ‘‘The Attorney General

13 may, in the discretion of the Attorney General, adjust to

14 the status of an alien lawfully admitted for permanent res15 idence the status of any alien granted asylum who’’.

16 SEC. 104. ELIMINATION OF ANNUAL ALLOCATION FOR CER17 TAIN CATEGORY OF REFUGEES.

18 Section 207(a) (8 U.S.C. 1157(a)) is amended by

19 striking paragraph (5).

20 TITLE II—DETENTION

21 SEC. 201. ALTERNATIVES TO DETENTION OF ASYLUM SEEK22 ERS.

23 (a) ATTORNEY GENERAL’S DISCRETION TO DETAIN

24 ASYLUM SEEKERS.—
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1 (1) Section 235(b)(1)(C) (as redesignated in

2 section 101(a)) is amended—

3 (A) in clause (ii), by striking ‘‘shall’’ and

4 inserting ‘‘may, in the Attorney General’s dis5 cretion,’’;

6 (B) in clause (iii)(IV), by striking ‘‘shall’’

7 and inserting ‘‘may, in the Attorney General’s

8 discretion,’’;

9 (C) in the heading of clause (iii)(IV), by

10 striking ‘‘MANDATORY DETENTION’’ and insert11 ing ‘‘DETENTION’’; and

12 (D) by adding at the end the following:

13 ‘‘(vi) PAROLE OF CERTAIN ALIENS.—

14 It is the policy of the United States to pa15 role asylum seekers who have established a

16 credible fear of persecution, as defined in

17 clause (v).’’.

18 (2) The Attorney General shall promulgate reg19 ulations establishing criteria for the parole of asylum

20 seekers.

21 (b) COVERED PERSONS.—References in this section

22 to alternatives to detention shall apply only with respect

23 to asylum seekers.
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1 (c) DEVELOPMENT OF ALTERNATIVES TO DETEN2 TION.—The Attorney General shall promulgate regula3 tions that—

4 (1) authorize and promote the utilization of al5 ternatives to detention of asylum seekers; and

6 (2) establish the conditions for detention of asy7 lum seekers that ensure a safe and humane environ8 ment.

9 (d) REGULATIONS REGARDING ALTERNATIVES TO

10 DETENTION.—The regulations developed under sub11 section (c)(1) shall at a minimum take into account the

12 following:

13 (1) SPECIFIC ALTERNATIVES.—Specific alter14 natives to detention, including—

15 (A) unsupervised parole from detention;

16 (B) for individuals not otherwise qualified

17 for parole under subparagraph (A), supervised

18 parole to private nonprofit voluntary agencies;

19 (C) for individuals not otherwise qualified

20 for parole under subparagraph (A) or (B), non21 secure shelter care or group homes supervised

22 by private nonprofit voluntary agencies; and

23 (D) noninstitutional settings for minors,

24 such as foster care or group homes operated by

25 private nonprofit voluntary agencies.
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1 (e) PROGRAMS AUTHORIZED.—

2 (1) IN GENERAL.—Subject to the availability of

3 appropriations, the Attorney General shall enter into

4 contracts with nongovernmental agencies for the

5 purpose of developing, implementing, or expanding

6 alternatives to detention programs.

7 (2) USE OF FUNDS.—A nongovernmental agen8 cy that receives a contract under this subsection

9 shall use amounts provided under the contract to de10 velop, implement, or expand alternatives to detention

11 programs.

12 (3) PROGRAM REQUIREMENTS.—A nongovern13 mental agency that enters into a contract under this

14 subsection shall develop, implement, or expand a

15 program that may include the following:

16 (A) Development of a screening procedure

17 through which the nongovernmental agency, in

18 conjunction with the Immigration and Natu19 ralization Service, selects appropriate can20 didates for participation in the alternative to

21 detention program.

22 (B) Coordination of housing for program

23 participants.

24 (C) Coordination of necessary services for

25 program participants, including legal, social,
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1 medical, mental health, educational and voca2 tional training, job placement, and English as a

3 Second Language courses.

4 (D) Assistance with the integration of par5 ticipants into the community by helping partici6 pants make contacts in their ethnic and reli7 gious communities.

8 (E) Facilitation of compliance by partici9 pants with Immigration and Naturalization

10 Service and court proceedings.

11 (f) REGULATIONS REGARDING CONDITIONS FOR DE12 TENTION.—The regulations developed under subsection

13 (c)(2) shall at a minimum include the following:

14 (1) ACCESS TO LEGAL SERVICES.—

15 (A) LISTS OF LEGAL SERVICE PRO16 VIDERS.—Procedures for providing to all Immi17 gration and Naturalization Service detainees

18 promptly upon their arrival at the facility an

19 updated and accurate list of free or low-cost im20 migration legal service providers that are lo21 cated in the area of the detention facility.

22 (B) GROUP LEGAL ORIENTATION PRESEN23 TATIONS.—
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1 (i) IN GENERAL.—Procedures to allow

2 for regularly scheduled, group legal ori3 entation presentations.

4 (ii) DEFINITION.—In this subpara5 graph, the term ‘‘group legal orientation

6 presentations’’ means live presentations,

7 supplemented by video presentations and

8 individual evaluations, by private non9 governmental organizations, given to Immi10 gration and Naturalization Service detain11 ees for the purpose of informing the de12 tainees about United States immigration

13 law and procedures and enabling detainees

14 to determine their eligibility for relief.

15 (iii) ESTABLISHMENT OF A NATIONAL

16 LEGAL ORIENTATION SUPPORT AND TRAIN17 ING CENTER.—The Attorney General shall

18 establish a National Legal Orientation

19 Support and Training Center (referred to

20 in this subsection as the Center) the pur21 pose of which shall be to ensure quality

22 and consistent implementation of legal ori23 entation programs nationwide.

24 (iv) DUTIES.—The Center shall be re25 sponsible for—
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1 (I) offering training to nonprofit

2 agencies that will offer group legal

3 orientation programs;

4 (II) consulting with nonprofit

5 agencies that offer group legal ori6 entation programs regarding program

7 development and substantive legal

8 issues; and

9 (III) developing standards for the

10 legal orientation programs.

11 (C) PROGRAMS AUTHORIZED.—A program

12 that shall make grants to nongovernmental

13 agencies for the purpose of developing, imple14 menting, or expanding legal orientation pro15 grams available to all Immigration and Natu16 ralization Service detainees at the facilities in

17 which such programs are offered.

18 (D) VISITS.—Procedures that permit Im19 migration and Naturalization Service detainees

20 to have adequate access to contact visits from

21 the following individuals:

22 (i) Legal service providers, including

23 attorneys, paralegals, law graduates, law

24 students, and representatives accredited by

25 the Board of Immigration Appeals.
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1 (ii) Consultants, as authorized under

2 section 235(b) of the Immigration and Na3 tionality Act (8 U.S.C. 1225(b)), before

4 and during interviews in which determina5 tions of credible fear of persecution are

6 made.

7 (iii) Individuals assisting in the provi8 sion of legal representation and docu9 mentation in support of the asylum seek10 ers’ cases, including interpreters, medical

11 personnel, mental health providers, social

12 welfare workers, expert and fact witnesses,

13 and others.

14 (E) NOTIFICATION REQUIREMENT.—Pro15 cedures to provide adequate and prompt notice

16 to Immigration and Naturalization Service de17 tainees of their available release options and the

18 procedures to request those options provided in

19 the language of the detainee.

20 (F) LOCATION OF FACILITIES.—A pre21 sumption in favor of locating detention facilities

22 near sources of free or low-cost legal represen23 tation with expertise in asylum and immigration

24 law to ensure that such services are readily ac25 cessible.
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1 (G) UPDATED LEGAL RESOURCES.—Access

2 to an updated law library.

3 (H) NOTIFICATION OF TRANSFERS.—Pro4 cedures requiring the prompt notification of the

5 legal representative of an Immigration and Nat6 uralization Service detainee before the detainee

7 is transferred to another detention facility.

8 (I) ACCESS TO TELEPHONES.—Procedures

9 permitting Immigration and Naturalization

10 Service detainees reasonable, equitable, and suf11 ficient access to telephones, and the ability to

12 make direct, free calls to legal representatives,

13 the immigration courts, the Board of Immigra14 tion Appeals, Federal and State courts, other

15 government offices, and consular officials.

16 (2) RELIGIOUS AND CULTURAL PROVISIONS.—

17 (A) ACCESS TO RELIGIOUS SERVICES.—

18 Full and equitable access to religious services,

19 religious materials, opportunity for religious

20 group study, and religious counseling appro21 priate to Immigration and Naturalization Serv22 ice detainees’ religious beliefs and practices.

23 (B) CHAPLAINS.—The assignment of a

24 chaplain to each detention facility. The chaplain

25 shall be responsible for managing the religious
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1 activities, including providing pastoral care and

2 counseling to detainees, and for facilitating ac3 cess to pastoral care and counseling from exter4 nal clergy or religious service providers, rep5 resenting the faiths of the Immigration and

6 Naturalization Service detainees detained at the

7 facility.

8 (C) DIETARY NEEDS.—Procedures to en9 sure that Immigration and Naturalization Serv10 ice detainees’ religious, medical, and cultural di11 etary needs are met.

12 (D) QUALIFICATIONS OF STAFF.—Proce13 dures to ensure that detention facility staff

14 members are trained to recognize and address

15 cultural and gender issues relevant to male, fe16 male, and child Immigration and Naturalization

17 Service detainees.

18 (E) ACCESS TO DETENTION FACILITIES BY

19 NONGOVERNMENTAL ORGANIZATIONS.—Reason20 able access to a detention facility shall be pro21 vided to nongovernmental organizations for pur22 poses including—

23 (i) observing the conditions of deten24 tion outlined in this title;
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1 (ii) engaging in teaching and training

2 programs for the Immigration and

3 Naturalizaiton Service detainees detained

4 at the facility; and

5 (iii) providing legal or religious serv6 ices to the Immigration and Naturalization

7 Service detainees.

8 SEC. 202. DETENTION OF ASYLUM SEEKERS.

9 (a) REQUIREMENT.—If found ineligible for parole or

10 placement in an alternative to detention under the pre11 vious section, asylum seekers shall be detained only in Im12 migration and Naturalization Service service processing

13 centers or in facilities contracted by the Immigration and

14 Naturalization Service solely to house immigration detain15 ees, unless the asylum seeker agrees to placement at an16 other facility.

17 (b) DETERMINATION BY ASYLUM OFFICERS.—

18 (1) IN GENERAL.—Asylum officers shall deter19 mine whether to parole an asylum seeker or place an

20 asylum seeker in an appropriate alternative to deten21 tion.

22 (2) TIMING OF DETERMINATION.—A determina23 tion made under paragraph (1) shall be made within

24 1 week of a request for parole made by an asylum

25 seeker.
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1 (3) RENEWAL OF REQUEST.—If a request for

2 parole is denied, an asylum seeker may renew the re3 quest if the asylum seeker has new or additional

4 supporting information.

5 (4) TRAINING OF ASYLUM OFFICERS.—Asylum

6 officers shall be trained in the appropriate use of

7 and referral to detention alternatives.

8 (5) LIMITATION ON AUTHORITY TO DETAIN.—

9 No asylum seeker may be detained if an asylum offi10 cer or immigration judge has determined that parole

11 is appropriate.

12 (c) REVIEW OF DETENTION.—In each case in which

13 a request for release from detention by an asylum seeker

14 is denied, or in which no determination to parole or place

15 an asylum seeker in an appropriate alternative to deten16 tion is made within one week of an asylum seeker’s request

17 for parole, an immigration judge shall—

18 (1) examine the parole request, and any evi19 dence in a hearing that includes all evidence pro20 vided in support of that request and determine with21 in 10 days whether the individual should be paroled;

22 and

23 (2) provide in writing to the detained asylum

24 seeker, and to the asylum seeker’s legal representa-
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1 tive, the reason for any denial of release from deten2 tion.

3 TITLE III—GENERAL

4 PROVISIONS

5 SEC. 301. DEFINITIONS.

6 In this Act:

7 (1) ASYLUM OFFICER.—The term ‘‘asylum offi8 cer’’ has the meaning given the term in section

9 235(b)(1)(F) (as redesignated by section 101(a)) of

10 the Immigration and Nationality Act (8 U.S.C.

11 1225(b)(1)(F)).

12 (2) ASYLUM SEEKER.—

13 (A) IN GENERAL.—The term ‘‘asylum

14 seeker’’ means—

15 (i) any applicant for asylum under

16 section 208 of the Immigration and Na17 tionality Act (8 U.S.C. 1158);

18 (ii) any alien who indicates an inten19 tion to apply for asylum under that sec20 tion;

21 (iii) any applicant for withholding of

22 removal, pursuant either to section 1231 of

23 title 8, United States Code; or
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1 (iv) an applicant who indicates an in2 tention to apply for relief pursuant to the

3 Convention Against Torture.

4 (B) LIMITATION.—The term ‘‘asylum seek5 er’’ includes an individual who is pursuing ap6 peals through Federal court, but does not in7 clude an individual with respect to whom a final

8 order denying asylum has been entered.

9 (3) IMMIGRATION JUDGE.—The term ‘‘immigra10 tion judge’’ has the meaning given the term in sec11 tion 101(b)(4) of the Immigration and Nationality

12 Act (8 U.S.C. 1101(b)(4)).

13 (4) DETENTION FACILITY.—The term ‘‘deten14 tion facility’’ means a Federal facility that meets the

15 requirements of section 202(a) in which an asylum

16 seeker is detained for more than 24 hours, or any

17 other facility in which those detention services are

18 provided to the Federal Government by contract,

19 and does not include detention at any port of entry

20 in the United States.

21 SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated to the De23 partment of Justice such sums as may be necessary to

24 carry out this Act.
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1 SEC. 303. EFFECTIVE DATE.

2 This Act, and the amendments made by this Act,

3 shall take effect 90 days after the date of enactment of

4 this Act.

Æ