I
103D CONGRESS
1ST SESSION
H. R. 1679
To amend the Immigration and Nationality Act with respect to
nonrefoulement and asylum.
IN THE HOUSE OF REPRESENTATIVES
APRIL 2, 1993
Mr. MAZZOLI 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 nonrefoulement and asylum.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Asylum Reform Act
of 1993’’.
SEC. 2. NONREFOULEMENT AND ASYLUM.
(a) IN GENERAL.—Section 208 of the Immigration
and Nationality Act is amended to read as follows:
‘‘SEC. 208. NONREFOULEMENT AND ASYLUM.
‘‘(a) NONREFOULEMENT.—
‘‘(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 nonrefoulement in accordance with this
section.
‘‘(2) CONDITIONS FOR GRANTING.—
‘‘(A) IN GENERAL.—The Attorney General
shall grant nonrefoulement to an alien if the
alien applies for nonrefoulement in accordance
with the requirements of this section and estab-
lishes that it is more likely than not that in the
country of nationality (or, in the case of a per-
son having no nationality, the country in which
such alien last habitually resided) such alien’s
life or freedom would be threatened on account
of race, religion, nationality, membership in a
particular social group, or political opinion.
‘‘(B) 
EXCEPTION.—Subparagraph 
(A)
shall not apply to an alien if the Attorney Gen-
eral 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.
‘‘(3) NONREFOULEMENT STATUS.—In the case
of any alien granted nonrefoulement under para-
graph (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.—Nonrefoulement status
granted under paragraph (2) may be terminated if
the Attorney 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)(A) 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)(B); or
‘‘(C) a country willing to accept the alien
has been identified (other than the country de-
scribed in paragraph (2)(A)) to which the alien
can be deported or returned and the alien can-
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, 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)(B)(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)(A)).’’.
‘‘(b) NONREFOULEMENT PROCEDURE.—
‘‘(1) APPLICATIONS.—
‘‘(A) IN GENERAL.—
‘‘(i) DEADLINE.—Subject to clause
(ii), 
an 
alien’s 
application 
for
nonrefoulement shall not be considered
under this section unless—
‘‘(I) the alien has filed, not later
than 7 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 30 days after the
date of filing such notice of intention.
‘‘(ii) EXCEPTION.—An application for
nonrefoulement 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
nonrefoulement.
‘‘(B) REQUIREMENTS.—An application for
nonrefoulement shall not be considered unless
the alien submits to the taking of fingerprints
and a photograph in a manner determined by
the Attorney General.
‘‘(C) FEES.—The Attorney General may
provide for a reasonable fee for the consider-
ation of an application for nonrefoulement or
for any proceeding or filing connected there-
with.
‘‘(D) PRIVILEGE OF COUNSEL.—
‘‘(i) NOTICE.—At the time of filing a
notice 
of 
intention 
to 
apply 
for
nonrefoulement, the alien shall be advised
of the privilege of being represented (at no
expense to the government) by such coun-
sel, authorized to practice in such proceed-
ings, as the alien shall choose.
‘‘(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
nonrefoulement proceedings. Such lists
shall be provided to the alien at the time
of filing of notice of intention to apply for
nonrefoulement, and otherwise be made
generally available.
‘‘(2) CONSIDERATION OF APPLICATIONS; HEAR-
INGS.—
‘‘(A) NONREFOULEMENT OFFICERS.—Ap-
plications for nonrefoulement shall be consid-
ered by officers of the Service (referred to in
this Act as ‘nonrefoulement officers’) who are
specially designated by the Service as having
special training and knowledge of international
conditions and human rights records of foreign
countries.
‘‘(B) SCHEDULING OF HEARINGS.—
‘‘(i) IN GENERAL.—Upon the filing of
an 
application 
for 
nonrefoulement, 
a
nonrefoulement officer, at the earliest
practicable time and after consultation
with the attorney for the Government and
the attorney (if any) for the applicant,
shall set the application for hearing on a
day certain or list it on a weekly or other
short-term calendar, 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 nonrefoulement application shall
commence not later than 45 days after the
date the application was filed.
‘‘(C) PUBLIC HEARINGS.—A hearing on a
nonrefoulement application shall be open to the
public unless the applicant requests that it be
closed to the public.
‘‘(D) RIGHTS IN HEARINGS.—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) 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.
‘‘(F) 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-
final administrative determination of a
claim for nonrefoulement.
‘‘(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
nonrefoulement based on circumstances de-
scribed in subsection (b)(1)(A)(ii), the
nonrefoulement officer shall render, on an
expedited basis, a decision on the applica-
tion. The decision of the nonrefoulement
officer shall be the final administrative de-
termination of a claim for nonrefoulement.
‘‘(3) TREATMENT OF CLASSES OF ALIENS.—
‘‘(A) DESIGNATION.—In the sole discretion
of the Attorney General, the Attorney General
may designate—
‘‘(i) any class of aliens who are na-
tionals or residents of a foreign state for
which the Attorney General determines
that a high percentage of that class of
aliens have been granted nonrefoulement
under subsection (a)(2)(A) in the 6-month
period prior to the designation of such
class; or
‘‘(ii) any class of aliens who are na-
tionals or residents of a foreign state for
which the Attorney General determines
that a high percentage of that class of na-
tionals or residents would be granted
nonrefoulement status under subsection
(a)(2)(A) in the 6-month period after des-
ignation.
‘‘(B) ALIENS IN DESIGNATED CLASSES.—
An alien who is within one of the designated
classes under subparagraph (A) shall be pre-
sumed to have fulfilled the requirement under
subsection (a)(2)(A) of establishing that such
alien’s life or freedom would be threatened on
account of race, religion, nationality, member-
ship in a particular social group, or political
opinion.
‘‘(C) PERIODIC
REVIEW.—The Attorney
General shall periodically review the status of
any class of aliens designated under subpara-
graph (A) to determine whether conditions con-
tinue to warrant such designation. The Attor-
ney General shall have the authority to termi-
nate, without notice or review, any designation
under subparagraph (A).
‘‘(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
nonrefoulement 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 nonrefoulement;
‘‘(C) 
continues 
to 
be 
eligible 
for
nonrefoulement under this section;
‘‘(D) is not firmly resettled in any foreign
country; and
‘‘(E) 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 adjustment of status under this sub-
section.’’.
(b) CLERICAL AMENDMENT.—The item in the table
of contents of such Act relating to section 208 is amended
to read as follows:
‘‘Sec. 208. Nonrefoulement and asylum.’’.
SEC. 3. FAILURE TO APPEAR FOR NONREFOULEMENT
HEARING; JUDICIAL REVIEW.
(a) FAILURE TO APPEAR FOR NONREFOULEMENT
HEARING.—Section 242B(e)(4) of the Immigration and
Nationality Act (8 U.S.C. 1252b(e)(4)) is amended—
(1) in the heading, by striking ‘‘ASYLUM’’ and
inserting ‘‘NONREFOULEMENT’’;
(2) by striking ‘‘asylum’’ each place it appears
and inserting ‘‘nonrefoulement’’; and
(3) in subparagraph (A), by striking all after
clause (iii) and inserting ‘‘shall not be eligible for
any benefits under this Act.’’.
(b) JUDICIAL REVIEW.—Section 106 of such Act (8
U.S.C. 1105a) is amended by adding at the end the follow-
ing subsection:
‘‘(d) The procedure prescribed by, and all the provi-
sions of chapter 158 of title 28, United States Code, shall
apply to, and shall be the sole and exclusive procedure for,
the judicial review of all final orders granting or denying
nonrefoulement, except that—
‘‘(1) a petition for review may be filed not later
than 90 days after the date of the issuance of the
final order granting or denying nonrefoulement;
‘‘(2) the venue of any petition for review under
this subsection shall be in the judicial circuit in
which the administrative proceedings before a
nonrefoulement officer were conducted in whole or in
part, or in the judicial circuit wherein is the resi-
dence, as defined in this Act, of the petitioner, but
not in more than one circuit; and
‘‘(3) notwithstanding any other provision of
law, 
a 
determination 
granting 
or 
denying
nonrefoulement based on changed circumstances
pursuant to section 208(b)(1)(A)(ii) shall be in the
sole discretion of the Attorney General.’’.
SEC. 4. CONFORMING AMENDMENTS.
(a) LIMITATION ON DEPORTATION.—Section 243 of
the Immigration and Nationality Act (8 U.S.C. 1253) is
amended by striking subsection (h).
(b) ADJUSTMENT OF STATUS.—Section 209(b) of
such Act (8 U.S.C. 1159(b)) is amended—
(1) in paragraph (2) by striking ‘‘one year’’ and
inserting ‘‘2 years’’; and
(2) by amending paragraph (3) to read as
follows:
‘‘(3) continues to be eligible for nonrefoulement
under section 208,’’.
(c) ALIENS
INELIGIBLE
FOR
TEMPORARY
PRO-
TECTED STATUS.—Section 244A(c)(2)(B)(ii) of the Immi-
gration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)(ii))
is amended by striking ‘‘section 243(h)(2)’’ and inserting
‘‘clauses (i), (ii), (iii), or (iv) of section 208(a)(2)(B)’’.
(d) ELIGIBILITY
FOR
NATURALIZATION.—Section
316(f)(1) of the Immigration and Nationality Act (8
U.S.C. 1427(f)(1)) is amended by striking ‘‘subpara-
graphs (A) through (D) of paragraph 243(h)(2)’’ and in-
serting ‘‘clauses (i), (ii), (iii), or (iv) of section
208(a)(2)(B).’’.
(e) FAMILY UNITY.—Section 301(e) of the Immigra-
tion Act of 1990 (P.L. 101–649) is amended by striking
‘‘section 243(h)(2)’’ and inserting ‘‘clauses (i), (ii), (iii),
or (iv) of section 208(a)(2)(B).’’.