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.
Be it enacted by the Senate and House of Representa-
tives 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 add-
ing 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 Sec-
retary 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 ex-
cluded from admission or deported, notwithstanding sec-
tions 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 ma-
terial 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 coun-
try 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 coun-
try on account of race, religion, nationality, member-
ship 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 Serv-
ice.’’.
(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 nego-
tiations 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 indi-
viduals 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.
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