(1) in clause (i), by striking ‘‘, and whose reuni-
fication with 1 or both of the immigrant’s parents 
is not viable due to abuse, neglect, abandonment, or 
a similar basis found under State law’’; and 
(2) in clause (iii)— 
(A) by striking ‘‘and’’ at the end of sub-
clause (I); 
(B) by inserting ‘‘and’’ at the end of sub-
clause (II); and 
(C) by adding at the end the following: 
‘‘(III) an alien may not be grant-
ed special immigrant juvenile status 
under this subparagraph if his or her 
reunification with any one parent or 
legal guardian is not precluded by 
abuse, neglect, abandonment, or any 
similar cause under State law;’’. 
TITLE II—ASYLUM REFORM 
SEC. 201. CREDIBLE FEAR INTERVIEWS. 
Section 235(b)(1)(B)(v) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 
striking ‘‘claim’’ and all that follows, and inserting ‘‘claim, 
as determined pursuant to section 208(b)(1)(B)(iii), and 
such other facts as are known to the officer, that the alien 
could establish eligibility for asylum under section 208, 
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and it is more probable than not that the statements made 
by, and on behalf of, the alien in support of the alien’s 
claim are true.’’. 
SEC. 202. JURISDICTION OF ASYLUM APPLICATIONS. 
Section 208(b)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1158) is amended by striking subparagraph 
(C). 
SEC. 203. RECORDING EXPEDITED REMOVAL AND CRED-
IBLE FEAR INTERVIEWS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish quality assurance procedures and take 
steps to effectively ensure that questions by employees of 
the Department of Homeland Security exercising expe-
dited removal authority under section 235(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1225(b)) are asked 
in a uniform manner, to the extent possible, and that both 
these questions and the answers provided in response to 
them are recorded in a uniform fashion. 
(b) CREDIBLE FEAR INTERVIEW CHECKLISTS.—The 
Secretary of Homeland Security shall provide a checklist 
of standard questions and concepts to be addressed in all 
interviews under section 235(b) to immigration officers ex-
ercising decision-making authority in such interviews. 
Such checklists shall be routinely updated to include rel-
evant changes to law and procedures and shall, at a min-
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imum, require that all immigration officers utilizing such 
checklists provide concise justifications of their decision 
regardless of whether credible fear was or was not estab-
lished. 
(c) FACTORS RELATING TO SWORN STATEMENTS.— 
Where practicable, any sworn or signed written statement 
taken of an alien as part of the record of a proceeding 
under section 235(b)(1)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom-
panied by a recording of the interview which served as the 
basis for that sworn statement. 
(d) INTERPRETERS.—The Secretary shall ensure that 
a competent interpreter, not affiliated with the govern-
ment of the country from which the alien may claim asy-
lum, is used when the interviewing officer does not speak 
a language understood by the alien. 
(e) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 
There shall be an audio or audio visual recording of inter-
views of aliens subject to expedited removal. The recording 
shall be included in the record of proceeding and shall be 
considered as evidence in any further proceedings involv-
ing the alien. 
(f) NO PRIVATE RIGHT OF ACTION.—Nothing in this 
section shall be construed to create any right, benefit, 
trust, or responsibility, whether substantive or procedural, 
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enforceable in law or equity by a party against the United 
States, its departments, agencies, instrumentalities, enti-
ties, officers, employees, or agents, or any person, nor does 
this section create any right of review in any administra-
tive, judicial, or other proceeding. 
SEC. 204. SAFE THIRD COUNTRY. 
Section 208(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 
(1) by striking ‘‘if the Attorney General deter-
mines’’ and inserting ‘‘if the Attorney General or the 
Secretary of Homeland Security determines—’’; 
(2) by striking ‘‘that the alien may be’’ and in-
serting: 
‘‘(i) that the alien may be’’; 
(3) by striking ‘‘removed, pursuant to a bilat-
eral or multilateral agreement, to’’ and inserting 
‘‘removed to’’; 
(4) by inserting ‘‘, on a case by case basis,’’ be-
fore ‘‘finds that’’; 
(5) by striking the period at the end and insert-
ing ‘‘; or’’; and 
(6) by adding at the end the following: 
‘‘(ii) that the alien entered, attempted to enter, 
or arrived in the United States after transiting 
through at least one country outside the alien’s 
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country of citizenship, nationality, or last lawful ha-
bitual residence en route to the United States, un-
less— 
‘‘(I) the alien demonstrates that he or she 
applied for protection from persecution or tor-
ture in at least one country outside the alien’s 
country of citizenship, nationality, or last lawful 
habitual residence through which the alien 
transited en route to the United States, and the 
alien received a final judgement denying the 
alien protection in each country; 
‘‘(II) the alien demonstrates that he or she 
was a victim of a severe form of trafficking in 
which a commercial sex act was induced by 
force, fraud, or coercion, or in which the person 
induced to perform such act was under the age 
of 18 years; or in which the trafficking included 
the recruitment, harboring, transportation, pro-
vision, or obtaining of a person for labor or 
services through the use of force, fraud, or coer-
cion for the purpose of subjection to involuntary 
servitude, peonage, debt bondage, or slavery, 
and was unable to apply for protection from 
persecution in all countries that alien transited 
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en route to the United States as a result of 
such severe form of trafficking; or 
‘‘(III) the only countries through which the 
alien transited en route to the United States 
were, at the time of the transit, not parties to 
the 1951 United Nations Convention relating to 
the Status of Refugees, the 1967 Protocol Re-
lating to the Status of Refugees, or the United 
Nations Convention against Torture and Other 
Cruel, Inhuman or Degrading Treatment or 
Punishment.’’. 
SEC. 205. RENUNCIATION OF ASYLUM STATUS PURSUANT 
TO RETURN TO HOME COUNTRY. 
(a) IN GENERAL.—Section 208(c) of the Immigration 
and Nationality Act (8 U.S.C. 1158(c)) is amended by 
adding at the end the following new paragraph: 
‘‘(4) RENUNCIATION OF STATUS PURSUANT TO 
RETURN TO HOME COUNTRY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), any alien who is granted 
asylum status under this Act, who, absent 
changed country conditions, subsequently re-
turns to the country of such alien’s nationality 
or, in the case of an alien having no nationality, 
returns to any country in which such alien last 
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habitually resided, and who applied for such 
status because of persecution or a well-founded 
fear of persecution in that country on account 
of race, religion, nationality, membership in a 
particular social group, or political opinion, 
shall have his or her status terminated. 
‘‘(B) WAIVER.—The Secretary has discre-
tion to waive subparagraph (A) if it is estab-
lished to the satisfaction of the Secretary that 
the alien had a compelling reason for the re-
turn. The waiver may be sought prior to depar-
ture from the United States or upon return.’’. 
(b) CONFORMING AMENDMENT.—Section 208(c)(3) 
of the Immigration and Nationality Act (8 U.S.C. 
1158(c)(3)) is amended by inserting after ‘‘paragraph 
(2)’’ the following: ‘‘or (4)’’. 
SEC. 206. NOTICE CONCERNING FRIVOLOUS ASYLUM AP-
PLICATIONS. 
(a) IN GENERAL.—Section 208(d)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 
amended— 
(1) in the matter preceding subparagraph (A), 
by inserting ‘‘the Secretary of Homeland Security 
or’’ before ‘‘the Attorney General’’; 
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(2) in subparagraph (A), by striking ‘‘and of 
the consequences, under paragraph (6), of knowingly 
filing a frivolous application for asylum; and’’ and 
inserting a semicolon; 
(3) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) ensure that a written warning ap-
pears on the asylum application advising the 
alien of the consequences of filing a frivolous 
application and serving as notice to the alien of 
the consequence of filing a frivolous applica-
tion.’’. 
(b) CONFORMING AMENDMENT.—Section 208(d)(6) 
of the Immigration and Nationality Act (8 U.S.C. 
1158(d)(6)) is amended by striking ‘‘If the’’ and all that 
follows and inserting: 
‘‘(A) If the Secretary of Homeland Secu-
rity or the Attorney General determines that an 
alien has knowingly made a frivolous applica-
tion for asylum and the alien has received the 
notice under paragraph (4)(C), the alien shall 
be permanently ineligible for any benefits under 
this chapter, effective as the date of the final 
determination of such an application. 
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‘‘(B) An application is frivolous if the Sec-
retary of Homeland Security or the Attorney 
General determines, consistent with subpara-
graph (C), that— 
‘‘(i) it is so insufficient in substance 
that it is clear that the applicant know-
ingly filed the application solely or in part 
to delay removal from the United States, 
to seek employment authorization as an 
applicant for asylum pursuant to regula-
tions issued pursuant to paragraph (2), or 
to seek issuance of a Notice to Appear in 
order to pursue Cancellation of Removal 
under section 240A(b); or 
‘‘(ii) any of the material elements are 
knowingly fabricated. 
‘‘(C) In determining that an application is 
frivolous, the Secretary or the Attorney Gen-
eral, must be satisfied that the applicant, dur-
ing the course of the proceedings, has had suffi-
cient opportunity to clarify any discrepancies or 
implausible aspects of the claim. 
‘‘(D) For purposes of this section, a find-
ing that an alien filed a frivolous asylum appli-
cation shall not preclude the alien from seeking 
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withholding of removal under section 241(b)(3) 
or protection pursuant to the Convention 
Against Torture.’’. 
SEC. 207. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. 
(a) ASYLUM CREDIBILITY DETERMINATIONS.—Sec-
tion 208(b)(1)(B)(iii) of the Immigration and Nationality 
Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting 
after ‘‘all relevant factors’’ the following: ‘‘, including 
statements made to, and investigative reports prepared by, 
immigration authorities and other government officials’’. 
(b) RELIEF
FOR REMOVAL CREDIBILITY DETER-
MINATIONS.—Section 240(c)(4)(C) of the Immigration 
and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended 
by inserting after ‘‘all relevant factors’’ the following: ‘‘, 
including statements made to, and investigative reports 
prepared by, immigration authorities and other govern-
ment officials’’. 
SEC. 208. CLARIFICATION OF ASYLUM ELIGIBILITY. 
(a) IN GENERAL.—Section 208(b)(1)(A) of the Im-
migration and Nationality Act (8 U.S.C. 1158(b)(1)(A)) 
is amended by inserting after ‘‘section 101(a)(42)(A)’’ the 
following: ‘‘and is eligible to apply for asylum under sub-
section (a)’’. 
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(b) PLACE OF ARRIVAL.—Section 208(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1158(a)(1)) 
is amended— 
(1) by striking ‘‘or who arrives in the United 
States (whether or not at a designated port of ar-
rival and including an alien who is brought to the 
United States after having been interdicted in inter-
national or United States waters),’’; and 
(2) by inserting after ‘‘United States’’ the fol-
lowing: ‘‘and has arrived in the United States at a 
port of entry,’’. 
SEC. 209. APPLICATION TIMING. 
Section 208(a)(2)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(a)(2)(B)) is amended by striking 
‘‘1 year’’ and inserting ‘‘6 months’’. 
SEC. 210. CLARIFICATION OF BURDEN OF PROOF. 
Section 208(b)(1)(B)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1158(b)(1)(B)(i)) is amended by 
striking ‘‘at least one’’ and inserting ‘‘the’’. 
SEC. 211. ADDITIONAL EXCEPTION. 
Section 208(b)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(b)(2)(A)) is amended— 
(1) in clause (v), by striking ‘‘or’’ at the end; 
(2) in clause (vi), by striking the period and in-
serting ‘‘; or’’; and 
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(3) by adding at the end the following: 
‘‘(vii) there are reasonable grounds for 
concluding the alien could avoid persecu-
tion by relocating to another part of the 
alien’s country of nationality or, if state-
less, another part of the alien’s country of 
last habitual residence.’’. 
SEC. 212. CLARIFICATION REGARDING EMPLOYMENT ELI-
GIBILITY. 
Section 208(d)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1158(d)(2)) is amended— 
(1) by striking ‘‘180 days’ ’’’ and inserting ‘‘1 
year’’; and 
(2) by inserting ‘‘and the authorization shall ex-
pire 6 months after the date of issuance’’ before the 
period at the end. 
SEC. 213. PENALTIES FOR ASYLUM FRAUD. 
Section 1001 of title 18, United States Code, is 
amended by inserting at the end of the paragraph— 
‘‘(d) Whoever, in any matter before the Secretary of 
Homeland Security or the Attorney General pertaining to 
asylum under section 208 of the Immigration and Nation-
ality Act or withholding of removal under section 
241(b)(3) of such Act, knowingly and willfully— 
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‘‘(1) makes any materially false, fictitious, or 
fraudulent statement or representation; or 
‘‘(2) makes or uses any false writings or docu-
ment knowing the same to contain any materially 
false, fictitious, or fraudulent statement or entry, 
shall be fined under this title or imprisoned not more than 
10 years, or both.’’. 
SEC. 214. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD. 
Section 3291 of title 18, United States Code, is 
amended— 
(1) by striking ‘‘1544,’’ and inserting ‘‘1544, 
and section 1546,’’; and 
(2) by striking ‘‘offense.’’ and inserting ‘‘of-
fense or within 10 years after the fraud is discov-
ered.’’. 
SEC. 215. TECHNICAL AMENDMENTS. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(D), by inserting 
‘‘Secretary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(B) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; 
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(2) in subsection (b)(2), by inserting ‘‘Secretary 
of Homeland Security or the’’ before ‘‘Attorney Gen-
eral’’ each place such term appears; 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘Attor-
ney General’’ each place such term appears and 
inserting ‘‘Secretary of Homeland Security’’; 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(C) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(4) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’ each place such term ap-
pears; 
(B) in paragraph (2), by striking ‘‘Attor-
ney General’’ and inserting ‘‘Secretary of 
Homeland Security’’; and 
(C) in paragraph (5)— 
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(i) in subparagraph (A), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(ii) in subparagraph (B), by inserting 
‘‘Secretary of Homeland Security or the’’ 
before ‘‘Attorney General’’. 
Æ 
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