(c) INTERIM REFERENCE
TO PROVISIONAL ASY-
LUM.—Any reference in section 235(b)(2) of the Immigra-
tion and Nationality Act (as amended by section 101(a)
of this Act) to provisional asylum under section 208 of
the Immigration and Nationality Act shall be deemed, be-
fore the effective date of the amendment made by section
201(a), to be a reference to asylum under section 208 of
such Act.
TITLE II—ASYLUM
SEC. 201. ASYLUM.
(a) IN GENERAL.—Section 208 (8 U.S.C. 1158) is
amended to read as follows:
‘‘ASYLUM
‘‘SEC. 208. (a) PROVISIONAL ASYLUM.—
‘‘(1) RIGHT
TO
APPLY.—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 provisional asylum in accordance with this
section.
‘‘(2) CONDITIONS FOR GRANTING.—
‘‘(A) MANDATORY
CASES.—The Attorney
General shall grant provisional asylum to an
alien if the alien applies for provisional asylum
in accordance with the requirements of this sec-
tion and establishes that it is more likely than
not that in the alien’s country of nationality
(or, in the case of a person having no national-
ity, the country in which such alien last habit-
ually resided) such alien’s life or freedom would
be threatened on account of race, religion, na-
tionality, membership in a particular social
group, or political opinion.
‘‘(B) DISCRETIONARY CASES.—The Attor-
ney General may grant provisional asylum to an
alien if the alien applies for provisional asylum
in accordance with the requirements of this sec-
tion and establishes that the alien has good rea-
son to fear persecution in the alien’s country of
nationality (or, in the case of a person having
no nationality, the country in which such alien
last habitually resided) on account of race, reli-
gion, nationality, membership in a particular
social group, or political opinion.
‘‘(C) 
EXCEPTION.—Subparagraphs 
(A)
and (B) shall not apply to an alien if the Attor-
ney General determines that—
‘‘(i) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of any person on account of race,
religion, nationality, membership in a par-
ticular social group, or political opinion;
‘‘(ii) the alien, having been convicted
by a final judgment of a particularly seri-
ous crime, constitutes a danger to the com-
munity of the United States;
‘‘(iii) there are serious reasons for be-
lieving that the alien has committed a seri-
ous nonpolitical crime outside the United
States prior to the arrival of the alien in
the United States;
‘‘(iv) there are reasonable grounds for
regarding the alien as a danger to the se-
curity of the United States; or
‘‘(v) a country willing to accept the
alien has been identified (other than the
country described in subparagraph (A)) to
which the alien can be deported or re-
turned and the alien does not establish
that it is more likely than not that the
alien’s life or freedom would be threatened
in such country on account of race, reli-
gion, nationality, membership in a particu-
lar social group, or political opinion.
For purposes of clause (ii), an alien who
has been convicted of an aggravated felony shall
be considered to have committed a particularly
serious crime. The Attorney General shall pro-
mulgate regulations that specify additional
crimes that will be considered to be a crime de-
scribed in clause (ii) or clause (iii). The Attor-
ney General shall promulgate regulations estab-
lishing such additional limitations and condi-
tions as the Attorney General considers appro-
priate under which an alien shall be ineligible to
apply for provisional asylum under subpara-
graph (B).
‘‘(3) PROVISIONAL
ASYLUM
STATUS.—In the
case of any alien granted provisional asylum under
paragraph (2), the Attorney General, in accordance
with this section—
‘‘(A) shall not deport or return the alien to
the country described under paragraph (2)(A);
‘‘(B) shall authorize the alien to engage in
employment in the United States and provide
the alien with an ‘employment authorized’ en-
dorsement or other appropriate work permit;
and
‘‘(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
‘‘(4) TERMINATION.—Provisional asylum grant-
ed under paragraph (2) may be terminated if the At-
torney General, pursuant to such regulations as the
Attorney General may prescribe, determines that—
‘‘(A) the alien no longer meets the condi-
tions described in paragraph (2) owing to a
change in circumstances in the alien’s country
of nationality or, in the case of an alien having
no nationality, in the country in which the alien
last habitually resided;
‘‘(B) the alien meets a condition described
in paragraph (2)(C); or
‘‘(C) a country willing to accept the alien
has been identified (other than the country de-
scribed in paragraph (2)) to which the alien can
be deported or returned and the alien cannot
establish that it is more likely than not that the
alien’s life or freedom would be threatened in
such country on account of race, religion, na-
tionality, membership in a particular social
group, or political opinion.
‘‘(5) ACCEPTANCE BY ANOTHER COUNTRY.—In
the case of an alien described in paragraph (2)(C)(v)
or paragraph (4)(C), the alien’s deportation or re-
turn shall be directed by the Attorney General in the
sole discretion of the Attorney General, to any coun-
try which is willing to accept the alien into its terri-
tory (other than the country described in paragraph
(2)).’’.
‘‘(b) PROVISIONAL ASYLUM PROCEDURE.—
‘‘(1) APPLICATIONS.—
‘‘(A) IN GENERAL.—
‘‘(i) DEADLINE.—Subject to clause
(ii), an alien’s application for provisional
asylum shall not be considered under this
section unless—
‘‘(I) the alien has filed, not later
than 30 days after entering or coming
to the United States, notice of inten-
tion to file such an application, and
‘‘(II) such application is actually
filed not later than 60 days after en-
tering or coming to the United States.
‘‘(ii) EXCEPTION.—An application for
provisional asylum may be considered, not-
withstanding that the requirements of
clause (i) have not been met, only if the
alien demonstrates by clear and convincing
evidence changed circumstances in the
alien’s country of nationality (or in the
case of an alien with no nationality, in the
country where the alien last habitually re-
sided) affecting eligibility for provisional
asylum.
‘‘(B) REQUIREMENTS.—An application for
provisional asylum shall not be considered un-
less the alien submits to the taking of finger-
prints and a photograph in a manner deter-
mined by the Attorney General.
‘‘(C) FEES.—The Attorney General may
provide for a reasonable fee for the consider-
ation of an application for provisional asylum or
for any employment authorization under sub-
section (a)(3)(B).
‘‘(D) NOTICE OF PRIVILEGE OF COUNSEL
AND CONSEQUENCES OF FRIVOLOUS APPLICA-
TION.—
‘‘(i) NOTICE.—At the time of filing a
notice of intention to apply for provisional
asylum, the alien shall be advised of the
privilege of being represented (at no ex-
pense to the government) by such counsel,
authorized to practice in such proceedings,
as the alien shall choose and of the con-
sequences, under subsection (d), of filing a
frivolous application for provisional asy-
lum.
‘‘(ii) PROVISION
OF
LIST
OF
COUN-
SEL.—The Attorney General shall provide
for lists (updated not less often than quar-
terly) of persons who have indicated their
availability to represent pro bono aliens in
provisional asylum proceedings. Such lists
shall be provided to the alien at the time
of filing of notice of intention to apply for
provisional asylum, and otherwise be made
generally available.
‘‘(2) CONSIDERATION OF APPLICATIONS; HEAR-
INGS.—
‘‘(A) ASYLUM OFFICERS.—Applications for
provisional asylum shall be considered by offi-
cers of the Service (referred to in this Act as
‘asylum officers’) who are specially designated
by the Service as having special training and
knowledge of international conditions and
human rights records of foreign countries.
Pending the designation of such officers, indi-
viduals who as of the date of the enactment of
the Immigration Enforcement and Asylum Re-
form Act of 1993 are authorized to perform du-
ties as asylum officers shall be deemed to be
qualified to be asylum officers for purposes of
this Act.
‘‘(B) SCHEDULING OF HEARINGS.—
‘‘(i) IN GENERAL.—Upon the filing of
an application for provisional asylum, an
asylum officer, at the earliest practicable
time and after consultation with the attor-
ney for the Government and the attorney
(if any) for the applicant, shall set the ap-
plication for hearing on a day certain or
list it on a weekly or other short-term cal-
endar, so as to assure a speedy hearing.
‘‘(ii) DEADLINE.—Unless the appli-
cant (or an attorney for the applicant) con-
sents in writing to the contrary, the hear-
ing on the provisional asylum application
shall commence not later than 45 days
after the date the application was filed.
‘‘(C) PUBLIC HEARINGS.—A hearing on a
provisional asylum application shall be open to
the public unless the applicant requests that it
be closed to the public.
‘‘(D) RIGHTS IN HEARINGS.—The officer
shall conduct the hearing in a nonadversarial
manner. During such hearing, the applicant
shall have the privilege of the assistance and
participation of counsel (as provided under
paragraph (1)(D)) and shall be entitled to
present evidence and witnesses, to examine and
object to evidence presented by the Government,
and to cross-examine all witnesses presented by
the Government.
‘‘(E) COUNTRY
CONDITIONS.—An officer
may request opinions regarding country condi-
tions from the Secretary of State, but shall not
request or consider recommendations from the
Secretary of State as to whether a particular
named individual should or should not be grant-
ed provisional asylum.
‘‘(F) TRANSCRIPT OF HEARINGS.—A com-
plete record of the proceedings and of all testi-
mony and evidence produced at the hearing
shall be kept. The hearing shall be recorded
verbatim. The Attorney General and the Service
shall provide that a transcript of a hearing held
under this section is made available not later
than 10 days after the date of completion of the
hearing.
‘‘(G) DEADLINE FOR DETERMINATIONS ON
APPLICATIONS.—The officer shall render a de-
termination on the application not later than 30
days after the date of completion of the hear-
ing. The determination of the officer shall be
based only on the evidence produced at the
hearing.
‘‘(H) RESOURCE
ALLOCATION.—The At-
torney General shall allocate sufficient re-
sources so as to assure that applications for
provisional asylum are heard and determined on
a timely basis. However, nothing in this para-
graph relating to scheduling or deadlines shall
be construed as creating any right or benefit,
substantive or procedural, which is legally en-
forceable by any party against the United
States, its agencies, its officers, or any other
person.
‘‘(I) SANCTIONS
FOR
FAILURE
TO
AP-
PEAR.—
‘‘(i) Subject to clause (ii), the applica-
tion for provisional asylum of an alien who
does not appear for a hearing on such ap-
plication shall be summarily dismissed un-
less the alien can show exceptional cir-
cumstances 
(as 
defined 
in 
section
242B(f)(2)) as determined by the asylum
officer.
‘‘(ii) Clause (i) shall not apply if writ-
ten and oral notice were not provided as
required by section 242B(e)(4)(B).
‘‘(J) FINALITY OF DETERMINATIONS.—
‘‘(i) IN
GENERAL.—The decision of
the asylum officer shall be the final admin-
istrative determination of a claim for provi-
sional asylum.
‘‘(ii) TREATMENT
OF
CASES
IN
EX-
CLUSION
OR
DEPORTATION.—If proceed-
ings are instituted against an alien under
section 235 or 242 of this Act and the
alien files an application for provisional
asylum based on circumstances described
in subsection (b)(1)(A)(ii), the asylum offi-
cer shall render, on an expedited basis, a
decision on the application.
‘‘(c) ASYLUM.—
‘‘(1) ADJUSTMENT
OF
STATUS.—Under such
regulations as the Attorney General may prescribe,
the Attorney General shall adjust to the status of an
alien granted asylum the status of any alien granted
provisional asylum under subsection (a)(2)(A) who—
‘‘(A) applies for such adjustment;
‘‘(B) has been physically present in the
United States for at least 1 year after being
granted provisional asylum;
‘‘(C) continues to be eligible for provisional
asylum under this section; and
‘‘(D) is admissible under this Act at the
time of examination for adjustment of status
under this subsection.
‘‘(2) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—A spouse or child (as defined in section
101(b)(A), (B), (C), (D), or (E)) of an alien whose
status is adjusted to that of an alien granted asylum
under paragraph (a)(2) may be granted the same
status as the alien if accompanying, or following to
join, such alien.
‘‘(3) APPLICATION FEES.—The Attorney Gen-
eral may impose a reasonable fee for the filing of an
application for asylum under this subsection.
‘‘(d) DENIAL OF IMMIGRATION BENEFITS FOR FRIV-
OLOUS APPLICATIONS.—
‘‘(1) IN GENERAL.—If the asylum officer deter-
mines that an alien has made a frivolous application
for provisional asylum under this section and the
alien has received the notice under subsection