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 would be incarcerated or the alien’s
life would be threatened in such country on
account of race, religion, nationality, mem-
bership of a particular social group, or po-
litical opinion. For purposes of clause (ii),
an alien who has been convicted of an ag-
gravated felony shall be considered to have
committed a particularly serious crime.
The Attorney General shall promulgate
regulations that specify additional crimes
that will be considered to be a crime de-
scribed in clause (ii) or clause (iii).
‘‘(3) ASYLUM STATUS.—In the case of any alien
granted 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,
except that such travel may not be authorized
to the country from which the alien claimed to
be fleeing persecution.
‘‘(4) TERMINATION.—Asylum granted under
paragraph (2) shall be terminated if the Attorney
General, pursuant to such regulations as the Attor-
ney 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) 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 would be arrested or incarcerated in such
country on account of race, religion, nationality,
membership in a particular social group, or po-
litical opinion; or
‘‘(D) the alien returns to the country from
which the alien claimed to be fleeing persecu-
tion or makes application with the Attorney
General to return to the country from which the
alien claimed to fleeing persecution.
‘‘(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) ASYLUM PROCEDURE.—
‘‘(1) APPLICATIONS.—
‘‘(A) IN GENERAL.—
‘‘(i) DEADLINE.—Subject to clause
(ii), an alien’s application for asylum shall
not be considered under this section un-
less—
‘‘(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 45 days after en-
tering or coming to the United States.
‘‘(ii) EXCEPTION.—An application for
temporary 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 asylum.
‘‘(B) REQUIREMENTS.—An application for
temporary 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 asylum or for any
employment authorization under subsection
(a)(3)(B).
‘‘(D) NOTICE OF PRIVILEGE OF COUNSEL
AND CONSEQUENCES OF FRIVOLOUS APPLICA-
TION.—At the time of filing a notice of inten-
tion to apply for asylum, the alien shall be ad-
vised of the privilege of being represented (at
no expense to the government) by such counsel,
authorized to practice in such proceedings, as
the alien shall choose and of the consequences,
under subsection (d), of filling a frivolous appli-
cation for temporary asylum.
‘‘(2) CONSIDERATION OF APPLICATIONS; HEAR-
INGS.—
‘‘(A) ASYLUM OFFICERS.—Applications for
temporary 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 Stabilization Act of 1993 are
authorized to perform duties 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 asylum, an asylum offi-
cer, 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 asylum application shall com-
mence not later than 45 days after the
date the application was filed.
‘‘(C) PUBLIC HEARINGS.—A hearing on a
temporary 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, to the extent practicable, conduct the
hearing in a nonadversarial manner. During
such hearing, the applicant shall have the privi-
lege of the assistance and participation of coun-
sel (as provided under paragraph (1)(D)) and
both the government and the applicant shall be
entitled to present evidence and witnesses, to
examine and object to evidence, and to cross-ex-
amine all witnesses.
‘‘(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 temporary 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-
‘‘(c) ASYLUM STATUS ADJUSTMENTS.—
‘‘(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
asylum under subsection (a)(2)(A) who—
‘‘(A) applies for such adjustment;
‘‘(B) has been physically present in the
United States for at least 3 years after being
granted asylum;
‘‘(C) continues to be eligible for 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 asylum under this section and the alien has re-
ceived the notice under subsection (b)(1)(D)(i), the
alien shall be permanently ineligible for any benefits
under this Act, effective as of the date of a final de-
termination on such application.
‘‘(2) TREATMENT OF FRAUDULENT OR MATE-
RIAL MISREPRESENTATIONS.—For purposes of this
subsection, an application considered to be ‘frivolous’
includes, but is not limited to, an application which
is fraudulent or otherwise contains a willful mis-
representation or concealment of a material fact.’’.
SEC. 303. FAILURE TO APPEAR FOR ASYLUM HEARING.
Section 24B(e)(4) (8 U.S.C. 1252b(e)(4)) is amended
in subparagraph (A), by striking all after clause (iii) and
inserting ‘‘shall not be eligible for any benefits under this
Act.’’.
SEC. 304. JUDICIAL REVIEW.
(a) Section 235 of the Immigration and Nationality
Act (8 U.S.C. 1225) is amended by adding at the end
thereof:
‘‘(d) Notwithstanding any other provision of law, no
court shall have jurisdiction to review, except by petition
for habeas corpus, any determination made with respect
to an alien found excludable pursuant to titles I or II of
this Act. In any such case, review by habeas corpus shall
be limited to examination of whether the petitioner (I) is
an alien, and (II) was ordered excluded from the United
States pursuant to the provisions of this Act. Regardless
of the nature of the suit or claim, no court shall have juris-
diction except as provided in this paragraph to consider
the validity of any adjudication or determination of exclu-
sion, to certify a class in an action challenging the exclu-
sion provisions of this Act or any portion or implementa-
tion thereof, or to provide declaratory or injunctive relief
with respect to the exclusion of any alien.
‘‘(e) In any action brought for the assessment of pen-
alties for improper entry or re-entry of an alien under sec-
tions 275, 276, 277, or 278 of the Immigration and Na-
tionality Act, no court shall have jurisdiction to hear
claims collaterally attacking the validity of orders of exclu-
sion, or deportation entered under sections 235, 236, or
242 of that Act.’’.
SEC. 305. CONFORMING AMENDMENTS.
(a) LIMITATION ON DEPORTATION.—Section 243 (8
U.S.C. 1253) is amended by striking subsection (h).
(b) ADJUSTMENT OF STATUS.—Section 209(b) of the
Immigration and Nationality Act (8 U.S.C. 1159(b)) is
amended—
(1) in paragraph (2) by striking ‘‘one year’’ and
inserting ‘‘5 years’’; and
(2) by amending paragraph (3) to read as
follows:
‘‘(3) continues to be eligible for asylum 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)(C)’’.
(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)(C)’’.
(e) FAMILY UNITY.—Section 301(e) of the Immigra-
tion Act of 1990 (Public Law 101–649) is amended by
striking ‘‘section 243(h)(2)’’ and inserting ‘‘clauses (i),
(ii), (iii), or (iv) of section 208(a)(2)(C)’’.