I
103D CONGRESS
1ST SESSION
H. R. 3223
To amend the Immigration and Nationality Act to establish fair and expedited
procedures for adjudicating political asylum claims and to prevent fraud
and abuse in the asylum process.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 6, 1993
Mr. BECERRA (for himself and Mr. NADLER) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to establish
fair and expedited procedures for adjudicating political
asylum claims and to prevent fraud and abuse in the
asylum process.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF
CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Asylum Abuse Prevention and System Improvements Act
of 1993’’.
(b) REFERENCES TO IMMIGRATION AND NATIONAL-
ITY ACT.—Except as otherwise expressly provided, when-
ever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to
a section or other provision of the Immigration and Na-
tionality Act.
(c) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; references in Act; table of contents.
Sec. 2. Criminal penalty for assisting in fraudulent asylum applications.
Sec. 3. Procedures for adjudicating political asylum claims.
Sec. 4. Detention and release.
Sec. 5. Increased resources for asylum adjudications.
Sec. 6. Report to congress on reduction in backlog of pending asylum cases.
Sec. 7. Use of immigration emergency fund.
Sec. 8. Definitions.
Sec. 9. Effective date.
SEC. 2. CRIMINAL PENALTY FOR ASSISTING IN FRAUDU-
LENT ASYLUM APPLICATIONS.
(a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is
amended by adding at the end the following new sub-
section:
‘‘(d) Any person who knowingly for the purpose of
commercial advantage or private financial gain assists an
alien in misrepresenting a material fact in an application
for asylum or induces an alien to make a misrepresenta-
tion of a material fact in an asylum application, for each
transaction constituting a violation of this subsection, re-
gardless of the number of aliens involved, shall—
‘‘(1) be fined in accordance with title 18,
United States Code, or imprisoned for not more
than 5 years, or both; or
‘‘(2) in the case of a second or subsequent of-
fense be fined in accordance with title 18, United
States Code, or imprisoned not more than 10 years,
or both.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to violations occurring on or
after the date of the enactment of this Act.
SEC. 3. PROCEDURES FOR ADJUDICATING POLITICAL ASY-
LUM CLAIMS.
(a) IN GENERAL.—Section 208 (8 U.S.C. 1158) is
amended—
(1) by amending the heading to read as follows:
‘‘ASYLUM’’;
(2) by striking subsection (a) and inserting the
following:
‘‘(a) IN GENERAL.—
‘‘(1) APPLICATION
FOR
ASYLUM.—An alien
physically present in the United States or at a land
border or port of entry, irrespective of such alien’s
status, may apply for asylum in accordance with this
section.
‘‘(2) CONDITIONS
FOR
GRANTING
ASYLUM.—
Under such regulations as the Attorney General may
prescribe, the Attorney General may, in the discre-
tion of the Attorney General, grant asylum to an
alien if the alien applies for asylum and establishes
that the alien is a refugee within the meaning of sec-
tion 101(a)(42)(A).’’;
(3) by redesignating subsections (b) through (d)
as (c) through (e), respectively; and
(4) by inserting after subsection (a) the follow-
ing new subsection:
‘‘(b) ASYLUM PROCEDURES.—
‘‘(1) JURISDICTION.—The Attorney General
shall provide that the Executive Office of Immigra-
tion Review, established by the Attorney General by
regulation, shall have jurisdiction over all applica-
tions for asylum and withholdings of deportation.
‘‘(2) 
COORDINATION
BETWEEN
INS
AND
EOIR.—Not later than 90 days after enactment of
this Act, the Attorney General shall establish by reg-
ulation procedures for coordination between the Im-
migration and Naturalization Service and the Execu-
tive Office for Immigration Review on the issuance
by the Service of Orders to Show Cause and Exclu-
sion Orders, when necessary, to asylum applicants.
Such regulations shall ensure that such orders are
issued and served in a manner that facilitates adju-
dication of asylum claims and other forms of relief
available to such aliens under the procedures and
time frames of this Act.
‘‘(3) CENTRAL ASYLUM OFFICE.—
‘‘(A) ESTABLISHMENT
OF
OFFICE.—The
Attorney General shall provide for the establish-
ment, within the Executive Office of Immigra-
tion Review, of an office, to be known as the
‘Central Asylum Office’, to be headed by a di-
rector appointed by the Attorney General.
There shall be assigned to such office such em-
ployees as the Attorney General shall direct.
‘‘(B) ASYLUM OFFICERS.—Among the em-
ployees assigned to such office there shall be a
corps of professional asylum officers who shall
receive comprehensive training in international
human rights and refugee law, as well as other
information relevant to asylum determinations.
‘‘(C) DOCUMENTATION CENTER.—Such of-
fice shall maintain a documentation center with
regularly updated information on country-spe-
cific worldwide human rights conditions. Such
documentation center shall be made available to
both personnel of the office and representatives
of applicants.
‘‘(4) ASYLUM IMMIGRATION JUDGES.—The At-
torney General shall designate from among the corps
of special inquiry officers within the Executive Office
of Immigration Review, a corps of asylum immigra-
tion judges who have received comprehensive train-
ing in international human rights and refugee law.
‘‘(5) ASYLUM ADJUDICATION PROCEDURES.—
‘‘(A) ASYLUM
OFFICER
INTERVIEW
AND
DETERMINATION.—
‘‘(i) IN GENERAL.—An applicant for
asylum shall be granted a first-instance,
nonadversarial interview by an asylum offi-
cer promptly after the filing of the alien’s
application. Promptly after such interview,
the asylum officer shall—
‘‘(I) grant asylum under clause
(ii),
‘‘(II) find that an application is
frivolous under clause (iii), or
‘‘(III) refer the case without prej-
udice to the asylum immigration judge
for a full hearing on the merits under
clause (iv).
‘‘(ii) GRANT OF ASYLUM BY THE ASY-
LUM OFFICER.—The asylum officer may in
the exercise of the officer’s discretion grant
asylum to any applicant the asylum officer
determines to be a refugee within the
meaning of section 101(a)(42)(A).
‘‘(iii) FINDING BY ASYLUM OFFICER
THAT AN APPLICATION IS FRIVOLOUS.—
‘‘(I) IN GENERAL.—If the asylum
officer determines that the alien’s
claim to asylum is frivolous, the asy-
lum officer shall find the alien ineli-
gible for asylum. Subject to the provi-
sions of paragraph (9), such alien who
has been served an order to show
cause under section 242B or put into
exclusion proceedings under section
236 shall be taken into custody pend-
ing a hearing before an asylum immi-
gration judge. Aliens who are not in a
unlawful status whose claims are
ruled frivolous shall be entitled to no
further administrative or judicial re-
view of the asylum officer’s deter-
mination that a claim is frivolous.
‘‘(II) REVIEW OF ASYLUM OFFI-
CER DETERMINATION OF FRIVOLOUS
ASYLUM
CLAIM.—An alien adversely
affected by a determination of an asy-
lum officer under subclause (I) shall
be informed of the alien’s right to
seek a review of that ruling and may
request such a review, to be held at
the time of the alien’s exclusion or de-
portation hearing before an asylum
immigration judge.
‘‘(iv) REFERRAL OF APPLICATION TO
ASYLUM IMMIGRATION JUDGE FOR DETER-
MINATION.—If an asylum officer does not
grant asylum to the applicant but does not
determine that the alien’s claim to asylum
is frivolous, the asylum officer shall refer
the claim to an asylum immigration judge
for a full hearing on the merits.
‘‘(v) FAILURE
OF
ASYLUM
OFFICER
TO CONDUCT INTERVIEW WITHIN 30 DAYS
OF
FILING
AN
APPLICATION
FOR
ASY-
LUM.—An alien who is not interviewed by
an asylum officer within 30 days of filing
an application for asylum may request that
their case be referred directly to an asylum
immigration judge for a full hearing on the
merits to determine the applicant’s quali-
fication for asylum.
‘‘(B) ASYLUM IMMIGRATION JUDGE HEAR-
ING AND DECISION ON FRIVOLOUS NATURE OF
ASYLUM CLAIM.—
‘‘(i) Promptly after a determination
by an asylum officer under subparagraph
(A)(iii)(I) that an alien’s application for
asylum is frivolous, the alien shall be enti-
tled to a review of that determination to be
held during any deportation or exclusion
hearing.
‘‘(ii) REVIEW OF FRIVOLOUS DETER-
MINATION.—If an asylum immigration
judge finds that an alien’s asylum applica-
tion is frivolous, the judge shall proceed to
a determination of the alien’s deportability
or excludability, and eligibility for relief
thereof. There shall be no further adminis-
trative appeal of the decision of the asylum
immigration judge on the question of the
frivolous or nonfrivolous nature of the
alien’s asylum application.
‘‘(iii) FINDING BY ASYLUM IMMIGRA-
TION
JUDGE
THAT
AN
APPLICATION
IS
NONFRIVOLOUS.—If an asylum immigra-
tion judge finds that an alien’s application
is nonfrivolous, the alien shall be entitled
to a hearing before an asylum immigration
judge under subparagraph (C).
‘‘(C) HEARING AND DECISION BY ASYLUM
IMMIGRATION JUDGE.—
‘‘(i) IN GENERAL.—An asylum immi-
gration judge shall conduct a hearing
promptly after the finding that an applica-
tion is not frivolous under subparagraphs
(A)(iv) or (B)(iii). Such hearing shall be
on the merits of the asylum claim and, in
the case of an alien who has been served
an order to show cause under section 242B
or put into exclusion proceedings under
section 236, on the order to show cause or
exclusion order. Such hearing shall be con-
ducted within 45 days of the filing of the
application for asylum in a manner consist-
ent with paragraphs (1) through (4) of
section 242(b).
‘‘(ii) DECISION.—Promptly after the
conclusion of a hearing under clause (i), an
asylum immigration judge shall grant or
deny an alien’s application for asylum.
‘‘(D) OPPORTUNITY FOR COUNSEL; TRANS-
LATION AND INTERPRETER SERVICES.—At all
stages of the asylum adjudication process, the
alien shall have—
‘‘(i) the opportunity to be represented
by counsel of the alien’s choosing, at no ex-
pense to the Government; and
‘‘(ii) translation and interpreter serv-
ices.
‘‘(E) BAR ON DAMAGES FOR FAILURE TO
MEET DEADLINES.—Nothing in this paragraph
relating to scheduling and deadlines may be
construed as creating any right to monetary
damages.
‘‘(6) MANDATORY DENIALS.—An application for
asylum shall be denied if—
‘‘(A) the alien, having been convicted by a
final judgment of a particularly serious crime in
the United States, constitutes a danger to the
community;
‘‘(B) the applicant has been firmly reset-
tled into another country;
‘‘(C) there are reasonable grounds for re-
garding the alien as a danger to the security of
the United States; or
‘‘(D) the applicant has ordered, incited, as-
sisted or otherwise participated in the persecu-
tion of any person on account of race, religion,
nationality, membership in a particular social
group, or political opinion.’’.
(b) CLERICAL AMENDMENT.—The item in the table
of contents relating to section 208 is amended to read as
follows:
‘‘Sec. 208. Asylum.’’.
SEC. 4. DETENTION AND RELEASE.
Section 208(b) (8 U.S.C. 1158), as amended by sec-
tion 3(a) of this Act, is further amended by adding at the
end the following new paragraph:
‘‘(9) DETENTION AND RELEASE OF ASYLUM AP-
PLICANTS.—
‘‘(A) TRANSFER
OF
CLOSED
MILITARY
BASES
FOR
DETENTION
OF
ASYLUM
APPLI-
CANTS.—
‘‘(i) PRIORITY AVAILABILITY TO DE-
PARTMENT OF JUSTICE.—Notwithstanding
any other provision of law, military instal-
lations to be closed under a base closure
law shall be made available, as determined
by the Attorney General, to the Depart-
ment of Justice, Immigration and Natu-
ralization Service, for use as facilities for
the detention of applicants for asylum.
‘‘(ii) Clause (i) shall apply only to fa-
cilities within a 50-mile radius of a major
metropolitan area.
‘‘(iii) DEFINITION.—For purposes of
this subparagraph, the term ‘base closure
law’ means each of the following:
‘‘(I) the Defense Base Closure
and Realignment Act of 1990 (part A
of title XXIX of Public Law 101–510;
10 U.S.C. 2687 note);
‘‘(II) title II of the Defense Au-
thorization Amendments and Base
Closure and Realignment Act (Public
Law 100–526; 10 U.S.C. 2687 note);
‘‘(III) section 2687 of title 10,
United States Code; or
‘‘(IV) any other similar law en-
acted after the date of the enactment
of this paragraph.
‘‘(B) CONDITIONS FOR RELEASE.—Except
as provided in subparagraph (D), an asylum
applicant who is taken into custody pursuant to
section 235 or 242(a)(1) may be released pend-
ing a final decision if—
‘‘(i)(I) the alien’s application was not
determined to be frivolous under sub-
section (b)(5); and
‘‘(II) the Attorney General determines
that the alien poses no danger to the com-
munity, is not likely to abscond, and has
either posted a reasonable bond or has ties
to the community in the form of a family
member, sponsoring agency, or other re-
sponsible adult; or
‘‘(ii) the Attorney General determines
that the alien’s detention is not in the pub-
lic interest.
‘‘(C) DETENTION STANDARDS FOR MINORS
WHO APPLY FOR ASYLUM.—The Attorney Gen-
eral shall make provision for the prompt release
to licensed child welfare agencies, foster homes,
group homes or to relatives or other responsible
adults living in the United States, any applicant
who is aged 18 years or younger and who is not
in the company of a parent or adult guardian,
except that no juvenile shall be released from
detention if there are reasonable grounds to be-
lieve that the juvenile poses a danger to public
safety. Provisions for release of minors shall be
in accordance with Federal law and regulation
regarding detention and release of juveniles, ap-
plicable child welfare laws and standards, and
applicable State and local government licensing
standards, regulations and laws.
‘‘(D) OBLIGATIONS.—Prior to an alien’s
release from detention, a prescreening officer
shall provide the released alien with information
on the next stages in the application process;
precise dates on the next stages; notice of obli-
gations and the consequences for failing to meet
those obligations; and the availability of coun-
sel. Throughout the prescreening procedure, ap-
plicants may be represented by counsel.
‘‘(E) SUPERVISION
AND
PERIODIC
CON-
TACT.—
‘‘(i) An applicant released under sub-
paragraph (B) or (C) shall maintain peri-
odic contact with an entity designated by
the Attorney General under clause (iii).
Entities designated under this clause may
either be employees of the United States
Government or private or voluntary agen-
cies or individuals with experience in such
matters.
‘‘(ii) At such time as the conditions in
clause (iii) have been met, an applicant’s
failure to substantially comply with clause
(i) shall constitute a violation of the terms
of the alien’s release.
‘‘(iii) Not later than 90 days after en-
actment of this Act, the Attorney General
shall establish criteria and procedures for
the supervision of and periodic contact
with asylum applicants released under sub-
paragraph (A).
‘‘(F) PENALTIES
FOR
FAILURE
TO
AP-
PEAR.—The unexcused failure of an applicant
to appear for a scheduled interview or hearing
shall be presumed an abandonment of the appli-
cation and cause for summary dismissal of the
claim to asylum. Failure to appear shall be ex-
cused if the notice of the interview was not
mailed to the applicant’s current address and
such address had been provided to the Execu-
tive Office of Immigration Review by the appli-
cant prior to the date of mailing in accordance
with section 265 and regulations promulgated
thereunder. Such failure to appear may be ex-
cused for other serious reasons at the discretion
of the asylum officer or asylum immigration
judge.
‘‘(G) SPECIAL DUTIES TOWARD ALIENS IN
CUSTODY OF THE SERVICE.—When any alien in
the custody of the Service requests asylum or
withholding of deportation or expresses fear of
persecution or harm upon return to the alien’s
country of origin or to agents thereof, the Serv-
ice shall make available the appropriate applica-
tion forms for asylum and withholding of depor-
tation and shall provide—
‘‘(i) up-to-date and accurate lists of
persons, legal services and private non-
profit agencies that can assist the alien in
preparing his asylum claim;
‘‘(ii) access to private facilities for
consultation with legal representatives and/
or counsel regarding the preparation of
said application;
‘‘(iii) clear and concise presentation of
rights and responsibilities applicable under
the law;