I 
116TH CONGRESS 
1ST SESSION H. R. 5210 
To provide for the admission and protection of refugees, asylum seekers, 
and other vulnerable individuals, to provide for the processing of refugees 
and asylum seekers in the Western Hemisphere, and to modify certain 
special immigrant visa programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 21, 2019 
Ms. LOFGREN (for herself, Mr. NADLER, Ms. JAYAPAL, Mr. NEGUSE, Mr. 
CASTRO
of Texas, Mr. CROW, Ms. DEAN, Ms. DELAURO, Mr. 
DESAULNIER, Mr. ENGEL, Ms. ESCOBAR, Mr. ESPAILLAT, Ms. GARCIA 
of Texas, Mr. GRIJALVA, Mr. HIGGINS of New York, Mr. JOHNSON of 
Georgia, Mr. KHANNA, Mr. LOWENTHAL, Mr. MCGOVERN, Mrs. NAPOLI-
TANO, Ms. NORTON, Mr. PALLONE, Mr. PANETTA, Mr. QUIGLEY, Mr. 
RASKIN, Mr. SIRES, Mr. SMITH of Washington, Mr. SWALWELL of Cali-
fornia, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. TLAIB, and Mr. VIS-
CLOSKY) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Ways and 
Means, the Budget, and Foreign Affairs, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for the admission and protection of refugees, 
asylum seekers, and other vulnerable individuals, to pro-
vide for the processing of refugees and asylum seekers 
in the Western Hemisphere, and to modify certain special 
immigrant visa programs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Refugee Protection Act of 2019’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
TITLE I—ADMISSION AND PROTECTION OF REFUGEES, ASYLUM 
SEEKERS, AND OTHER VULNERABLE INDIVIDUALS 
Subtitle A—Refugees and Asylum Seekers 
Sec. 101. Modification of definition of refugee. 
Sec. 102. Multiple forms of relief available to refugees and asylum seekers. 
Sec. 103. Elimination of time limits on asylum applications. 
Sec. 104. Consideration of asylum claims. 
Sec. 105. Transparency in refugee determinations. 
Sec. 106. Employment authorization for asylum seekers and other individuals. 
Sec. 107. Admission of refugees and asylees as lawful permanent residents. 
Subtitle B—Protections for Children and Families 
Sec. 111. Keeping families together. 
Sec. 112. Protections for minors seeking asylum. 
Sec. 113. Fair day in court for kids. 
Subtitle C—Protections for Other Vulnerable Individuals 
Sec. 121. Modification of physical presence requirements for aliens admitted in 
special immigrant status for persons who have served as trans-
lators for the Armed Forces. 
Sec. 122. Protection of stateless persons in the United States. 
Sec. 123. Protecting victims of terrorism from being defined as terrorists. 
Sec. 124. Protection for aliens interdicted at sea. 
Sec. 125. Enhanced protection for individuals seeking U visas, T visas, and 
protection under VAWA. 
Subtitle D—Protections Relating to Removal, Detention, and Prosecution 
Sec. 131. Prevention of erroneous in absentia orders of removal. 
Sec. 132. Scope and standard for review of removal orders. 
Sec. 133. Presumption of liberty for asylum seekers. 
Sec. 134. Procedures for ensuring accuracy and verifiability of sworn state-
ments taken pursuant to expedited removal authority. 
Sec. 135. Inspections by immigration officers. 
Sec. 136. Study on effect on asylum claims of expedited removal provisions, 
practices, and procedures. 
Sec. 137. Alignment with Refugee Convention obligations by prohibiting crimi-
nal prosecution of refugees. 
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Subtitle E—Refugee Resettlement 
Sec. 141. Prioritization of family reunification in refugee resettlement process. 
Sec. 142. Numerical goals for annual refugee admissions. 
Sec. 143. Reform of refugee admissions consultation process. 
Sec. 144. Designation of certain groups of refugees for resettlement and admis-
sion of refugees in emergency situations. 
Sec. 145. Refugee resettlement; radius requirements. 
Sec. 146. Study and report on contributions by refugees to the United States. 
Sec. 147. Update of reception and placement grants. 
Sec. 148. Resettlement data. 
Sec. 149. Refugee assistance. 
Sec. 150. Extension of eligibility period for Social Security benefits for certain 
refugees. 
Sec. 151. United States Emergency Refugee Resettlement Contingency Fund. 
Subtitle F—Miscellaneous Provision 
Sec. 161. Authorization of appropriations. 
TITLE II—REFUGEE AND ASYLUM SEEKER PROCESSING IN 
WESTERN HEMISPHERE 
Sec. 201. Expansion of refugee and asylum seeker processing. 
Sec. 202. Strengthening regional humanitarian responses. 
Sec. 203. Information campaign on dangers of irregular migration. 
Sec. 204. Reporting requirement. 
Sec. 205. Identification, screening, and processing of refugees and other indi-
viduals eligible for lawful admission to the United States. 
Sec. 206. Central American Refugee Program. 
Sec. 207. Central American Minors Program. 
Sec. 208. Central American Family Reunification Parole Program. 
Sec. 209. Informational campaign; case status hotline. 
TITLE III—SPECIAL IMMIGRANT VISA PROGRAMS 
Sec. 301. Improvement of the direct access program for U.S.-affiliated Iraqis. 
Sec. 302. Conversion of certain petitions. 
Sec. 303. Special immigrant visa program reporting requirement. 
Sec. 304. Improvements to application process for Afghan special immigrant 
visas. 
Sec. 305. Special immigrant status for certain surviving spouses and children. 
Sec. 306. Inclusion of certain special immigrants in the annual refugee survey. 
Sec. 307. United States refugee program priorities. 
Sec. 308. Special immigrant status for certain Syrian who worked for the 
United States Government in Syria. 
Sec. 309. Special immigrant status reporting requirement. 
Sec. 310. Processing mechanisms. 
TITLE IV—GENERAL PROVISIONS 
Sec. 401. Authorization of appropriations. 
Sec. 402. Determination of budgetary effects. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
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(1) In 2019, the world is in the midst of the 
worst global displacement crisis in history, with 
more than 70,800,000 forcibly displaced persons, in-
cluding 25,900,000 refugees worldwide, over half of 
whom are children, according to estimates from the 
United Nations High Commissioner for Refugees. 
(2) In 2018, less than 5 percent of global reset-
tlement needs were met despite there being 
1,400,000 refugees in need of third-country resettle-
ment. 
(3) The United States refugee admissions pro-
gram is a life-saving solution that— 
(A) is critical to global humanitarian ef-
forts; 
(B) strengthens global security; 
(C) leverages United States foreign policy 
interests, including diplomatic and strategic in-
terests of supporting allies who often host a sig-
nificant and disproportionate share of refugees 
per capita; 
(D) stabilizes sensitive regions impacted by 
forced migration by ensuring that the United 
States shares responsibility for global refugee 
protection; 
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(E) leverages refugee resettlement in the 
United States to encourage other countries to 
uphold the human rights of refugees, including 
by ensuring that refugees— 
(i) have the right to work, the right to 
an education, and freedom of movement; 
and 
(ii) are not returned to a place in 
which their life or freedom is at risk; 
(F) serves individuals and families in need 
of resettlement; 
(G) provides economic and cultural bene-
fits to cities, States, and the United States as 
a whole; and 
(H) aligns with the international obliga-
tions of the United States, including under— 
(i) the Convention Relating to the 
Status of Refugees, done at Geneva July 
28, 1951 (as made applicable by the Pro-
tocol Relating to the Status of Refugees, 
done at New York January 31, 1967 (19 
UST 6223)), of which the United States is 
a party; 
(ii) the Convention against Torture 
and Other Cruel, Inhuman or Degrading 
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Treatment or Punishment, done at New 
York December 10, 1984, of which the 
United States is a party; 
(iii) the Convention relating to the 
Status of Stateless Persons, done at New 
York September 28, 1954; and 
(iv) the Convention on the Reduction 
of Statelessness, done at New York August 
30, 1961. 
(4) The United States has historically been, 
and should continue to be, a global leader in— 
(A) responding to displacement crises 
around the world, including through the provi-
sion of robust humanitarian support; 
(B) promoting the safety, health, and well- 
being of refugees and displaced persons; 
(C) welcoming asylum seekers who seek 
safety and protecting other at-risk migrants, in-
cluding survivors of torture, victims of traf-
ficking, and stateless people; and 
(D) working alongside other countries to 
strengthen protection systems and support. 
(5) The United States has steadily reduced— 
(A) access to asylum protection through 
administrative 
policy 
and 
programmatic 
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changes, including policies and operational deci-
sions aimed at reducing or stopping the ability 
of asylum seekers to access the United States 
border; and 
(B) the resettlement of refugees, by way of 
two consecutive historically low annual refugee 
admissions goals after nearly 45 years during 
which the average annual United States refugee 
admissions goal was over 95,000 individuals. 
(6) Refugees are— 
(A) the most vetted travelers to enter the 
United States; and 
(B) subject to extensive screening checks, 
including in-person interviews, biometric data 
checks, and multiple interagency checks. 
(7) For the sake of refugees, asylum seekers, 
other migrants, United States national diplomatic 
and strategic interests, and local communities that 
benefit from the presence of refugees, asylees, and 
other migrants, it is crucial for the United States to 
better protect refugees and asylum seekers through 
reforms, including— 
(A) asylum reforms that ensure due proc-
ess; 
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(B) reforms to border migration enforce-
ment, management, and adjudication systems 
that integrate stronger protection of, and en-
sure due process for, asylum seekers, children, 
victims of trafficking, stateless people, and 
other migrants, including— 
(i) community-based alternatives to 
detention for asylum seekers and other vul-
nerable migrants; 
(ii) improved detention conditions; 
(iii) an emphasis on fairness in the ar-
rest and adjudication process; 
(iv) increased access to legal informa-
tion and representation; and 
(v) a stronger commitment to child 
welfare in staffing and processes; and 
(C) refugee reforms that— 
(i) ensure at least the historical aver-
age annual refugee admissions goal; 
(ii) prevent refugee policy that dis-
criminates based on race or religion; 
(iii) improve opportunities for refu-
gees to achieve family unity; and 
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(iv) update and strengthen support 
for refugees and the communities that wel-
come refugees. 
(8) The people of the United States, and com-
munities across the United States, overwhelmingly 
support refugees and asylum seekers, including peo-
ple of faith, members of the Armed Forces, veterans, 
elected officials, and retired high-ranking officials. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ASYLUM SEEKER.— 
(A) IN
GENERAL.—The term ‘‘asylum 
seeker’’ means— 
(i) any applicant for asylum under 
section 208 of the Immigration and Na-
tionality Act (8 U.S.C. 1158); 
(ii) any alien who indicates— 
(I) an intention to apply for asy-
lum under that section; or 
(II) a fear of persecution; and 
(iii) any alien who indicates— 
(I) an intention to apply for with-
holding of removal pursuant to— 
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(aa) section 241 of the Im-
migration and Nationality Act (8 
U.S.C. 1231); or 
(bb) the Convention against 
Torture and Other Cruel, Inhu-
man or Degrading Treatment or 
Punishment, done at New York 
December 10, 1984; or 
(II) a fear that the alien’s life or 
freedom would be threatened. 
(B) INCLUSION.—The term ‘‘asylum seek-
er’’ includes any individual described in sub-
paragraph (A) whose application for asylum or 
withholding of removal is pending judicial re-
view. 
(C) EXCLUSION.—The term ‘‘asylum seek-
er’’ does not include an individual with respect 
to whom a final order denying asylum and with-
holding of removal has been entered if such 
order is not pending judicial review. 
(2) BEST
INTEREST
DETERMINATION.—The 
term ‘‘best interest determination’’ means a formal 
process with procedural safeguards designed to give 
primary consideration to a child’s best interests in 
decision making. 
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(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(4) INTERNALLY
DISPLACED
PERSONS.—The 
term ‘‘internally displaced persons’’ means persons 
or a group of persons who have been forced to leave 
their homes or places of habitual residence, in par-
ticular due to armed conflict, generalized violence, 
violations of human rights, or natural or human- 
made disasters, and who have not crossed an inter-
nationally recognized state border. 
(5) INTERNATIONAL
PROTECTION.—The term 
‘‘international protection’’ means asylum status, ref-
ugee status, protection under the Convention against 
Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment, done at New York De-
cember 10, 1984, and other regional protection sta-
tus available in the Western Hemisphere. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
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TITLE I—ADMISSION AND PRO-
TECTION OF REFUGEES, ASY-
LUM SEEKERS, AND OTHER 
VULNERABLE INDIVIDUALS 
Subtitle A—Refugees and Asylum 
Seekers 
SEC. 101. MODIFICATION OF DEFINITION OF REFUGEE. 
(a) IN GENERAL.—Section 101(a)(42) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(42)) is 
amended to read as follows: 
‘‘(42)(A) The term ‘refugee’ means any person 
who— 
‘‘(i)(I) is outside any country of such per-
son’s nationality or, in the case of a person hav-
ing no nationality, is outside any country in 
which such person last habitually resided; and 
‘‘(II) is unable or unwilling to return to, 
and is unable or unwilling to avail himself or 
herself of the protection of, that country be-
cause of persecution, or a well-founded fear of 
persecution, on account of race, religion, nation-
ality, membership in a particular social group, 
or political opinion; or 
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‘‘(ii) in such circumstances as the Presi-
dent may specify, after appropriate consultation 
(as defined in section 207(e))— 
‘‘(I) is within the country of such per-
son’s nationality or, in the case of a person 
having no nationality, within the country 
in which such person is habitually residing; 
and 
‘‘(II) is persecuted, or who has a well- 
founded fear of persecution, on account of 
race, religion, nationality, membership in a 
particular social group, or political opinion. 
‘‘(B) The term ‘refugee’ does not include any 
person who ordered, incited, assisted, or otherwise 
participated in the persecution of any person on ac-
count of race, religion, nationality, membership in a 
particular social group, or political opinion. A person 
who establishes that his or her actions were com-
mitted under duress or while the person was younger 
than 18 years of age shall not be considered to have 
ordered, incited, assisted, or otherwise participated 
in persecution under this subparagraph. 
‘‘(C) For purposes of determinations under this 
Act— 
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‘‘(i) a person who has been forced to abort 
a pregnancy or to undergo involuntary steriliza-
tion, or who has been persecuted for failure or 
refusal to undergo such a procedure or for 
other resistance to a coercive population control 
program, shall be deemed to have been per-
secuted on account of political opinion; 
‘‘(ii) a person who has a well-founded fear 
that he or she will be forced to undergo such 
a procedure or be subject to persecution for 
such failure, refusal, or resistance shall be 
deemed to have a well-founded fear of persecu-
tion on account of political opinion; and 
‘‘(iii) the term ‘particular social group’ 
means, without any additional requirement not 
listed below, any group whose members— 
‘‘(I) share— 
‘‘(aa) a characteristic that is im-
mutable or fundamental to identity, 
conscience, or the exercise of human 
rights; or 
‘‘(bb) a past experience or vol-
untary association that, due to its his-
torical nature, cannot be changed; or 
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‘‘(II) are perceived as a group by soci-
ety. 
‘‘(D)(i) The burden of proof shall be on the ap-
plicant to establish that the applicant is a refugee. 
‘‘(ii) To establish that the applicant is a ref-
ugee, persecution— 
‘‘(I) shall be on account of race, religion, 
nationality, membership in a particular social 
group, or political opinion; and 
‘‘(II) may be established by demonstrating 
that— 
‘‘(aa) a protected ground is at least 
one reason for the applicant’s persecution 
or fear of persecution; 
‘‘(bb) the persecution or feared perse-
cution would not have occurred or would 
not occur in the future but for a protected 
ground; or 
‘‘(cc) the persecution or feared perse-
cution had or will have the effect of harm-
ing the person because of a protected 
ground. 
‘‘(E) Where past or feared persecution by a nonstate 
actor is unrelated to a protected asylum ground, the caus-
al nexus link is established if the state’s failure to protect 
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the asylum applicant from the nonstate actor is on account 
of a protected asylum ground.’’. 
(b) CONFORMING AMENDMENT.—Section 208(b)(1) 
of the Immigration and Nationality Act (8 U.S.C. 
1158(b)(1)) 
is 
amended 
by 
striking 
‘‘section 
101(a)(42)(A)’’ each place it appears and inserting ‘‘sec-
tion 101(a)(42)(A)(i)’’. 
SEC. 102. MULTIPLE FORMS OF RELIEF AVAILABLE TO REF-
UGEES AND ASYLUM SEEKERS. 
(a) IN GENERAL.—An applicant for admission as a 
refugee may simultaneously pursue admission under any 
visa category for which the applicant may be eligible. 
(b) ASYLUM APPLICANTS ELIGIBLE FOR DIVERSITY 
VISAS.—Section 204(a)(1)(I) of the Immigration and Na-
tionality Act (8 U.S.C. 1154(a)(1)(I)) is amended by add-
ing at the end the following: 
‘‘(iii)(I) An asylum seeker in the United States who 
is notified that he or she is eligible for an immigrant visa 
pursuant to section 203(c) may file a petition with the 
district director that has jurisdiction over the district in 
which the asylum seeker resides (or, in the case of an asy-
lum seeker who is or was in removal proceedings, the im-
migration court in which the removal proceeding is pend-
ing or was adjudicated) to adjust status to that of an alien 
lawfully admitted for permanent residence. 
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‘‘(II) A petition under subclause (I) shall— 
‘‘(aa) be filed not later than 30 days before the 
end of the fiscal year for which the petitioner re-
ceives notice of eligibility for the visa; and 
‘‘(bb) contain such information and be sup-
ported by such documentary evidence as the Sec-
retary of State may require. 
‘‘(III) The district director or immigration court shall 
attempt to adjudicate each petition under this clause be-
fore the last day of the fiscal year for which the petitioner 
was selected. Notwithstanding clause (ii)(II), if the district 
director or immigration court is unable to complete such 
adjudication during such fiscal year, the adjudication and 
adjustment of status of the petitioner may take place after 
the end of such fiscal year.’’. 
SEC. 103. ELIMINATION OF TIME LIMITS ON ASYLUM APPLI-
CATIONS. 
Section 208(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1158(a)(2)) is amended— 
(1) in subparagraph (A), by inserting ‘‘or the 
Secretary of Homeland Security’’ after ‘‘Attorney 
General’’ each place such term appears; 
(2) by striking subparagraphs (B) and (D); 
(3) by redesignating subparagraph (C) as sub-
paragraph (B); 
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(4) in subparagraph (B), as redesignated, by 
striking ‘‘subparagraph (D)’’ and inserting ‘‘sub-
paragraphs (C) and (D)’’; and 
(5) by inserting after subparagraph (B), as re-
designated, the following: 
‘‘(C) CHANGED
CIRCUMSTANCES.—Not-
withstanding subparagraph (B), an application 
for asylum of an alien may be considered if the 
alien demonstrates, to the satisfaction of the 
Attorney General or the Secretary of Homeland 
Security, 
the 
existence 
of 
changed 
cir-
cumstances that materially affect the appli-
cant’s eligibility for asylum. 
‘‘(D) MOTION TO REOPEN CERTAIN MERI-
TORIOUS
CLAIMS.—Notwithstanding subpara-
graph (B) or section 240(c)(7), an alien may 
file a motion to reopen an asylum claim during 
the 2-year period beginning on the date of the 
enactment of the Refugee Protection Act of 
2019 if the alien— 
‘‘(i)(I) was denied asylum based solely 
on a failure to meet the 1-year application 
filing deadline in effect on the date on 
which the application was filed; 
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‘‘(II) was granted withholding of re-
moval to the alien’s country of nationality 
(or, in the case of a person having no na-
tionality, to the country of last habitual 
residence) under section 241(b)(3); 
‘‘(III) has not obtained lawful perma-
nent residence in the United States pursu-
ant to any other provision of law; and 
‘‘(IV)(aa) is not subject to the safe 
third country exception under subpara-
graph (A) or to a bar to asylum under sub-
section (b)(2); and 
‘‘(bb) was not denied asylum as a 
matter of discretion; or 
‘‘(ii) was denied asylum based solely 
on the implementation of— 
‘‘(I) the policy memorandum of 
the U.S. Citizenship and Immigration 
Services entitled ‘Guidance for Proc-
essing 
Reasonable 
Fear, 
Credible 
Fear, Asylum, and Refugee Claims in 
Accordance with Matter of A–B–’ 
(PM–602–0162), 
dated 
July 
11, 
2018; 
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‘‘(II) the memorandum of the Of-
fice of the Principal Legal Advisor of 
U.S. Immigration and Customs En-
forcement entitled ‘Litigating Domes-
tic Violence-Based Persecution Claims 
Following Matter of A–B–’, dated 
July 11, 2018; 
‘‘(III) the interim final rule of 
the Department of Homeland Security 
and the Department of Justice enti-
tled ‘Aliens Subject to a Bar on Entry 
Under Certain Presidential Proclama-
tions; 
Procedures 
for 
Protection 
Claims’ (83 Fed. Reg. 55934 (Novem-
ber 9, 2019)); 
‘‘(IV) Presidential Proclamation 
9822, issued on November 9, 2018 
(83 Fed. Reg. 57661); 
‘‘(V) the migrant protection pro-
tocols announced by the Secretary of 
Homeland Security on December 20, 
2018 (or any successor protocols); 
‘‘(VI) the policy memorandum of 
the U.S. Citizenship and Immigration 
Services entitled ‘Guidance for Imple-
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menting Section 235(b)(2)(C) of the 
Immigration and Nationality Act and 
the Migrant Protection Protocols’ 
(PM–602–0169), dated January 28, 
2019; or 
‘‘(VII) any other policy memo-
randum of the Department of Home-
land Security to implement the proto-
cols described in subclause (V).’’. 
SEC. 104. CONSIDERATION OF ASYLUM CLAIMS. 
(a) CONDITIONS FOR GRANTING ASYLUM.— 
(1) IN GENERAL.—Section 208(b)(1)(B) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1158(b)(1)(B)) is amended— 
(A) in clause (ii), by striking the last sen-
tence and inserting the following: ‘‘If the trier 
of fact determines that the applicant should 
provide evidence that corroborates otherwise 
credible testimony, the trier of fact shall pro-
vide notice and allow the applicant a reasonable 
opportunity to file such evidence. The trier of 
fact may not require such evidence if the appli-
cant does not have the evidence and dem-
onstrates that he or she cannot reasonably ob-
tain the evidence. Evidence shall not be consid-
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ered reasonably obtainable if procurement of 
such evidence would reasonably endanger the 
life or safety of any person.’’; 
(B) by striking clause (iii); and 
(C) by inserting after clause (ii) the fol-
lowing: 
‘‘(iii) SUPPORTING EVIDENCE ACCEPT-
ED.—Direct or circumstantial evidence, in-
cluding evidence that the government of 
the applicable country is unable or unwill-
ing to protect individuals of the applicant’s 
race, religion, nationality, particular social 
group, or political opinion, or that the legal 
or social norms of the country tolerate per-
secution against individuals of the appli-
cant’s race, religion, nationality, particular 
social group, or political opinion, may es-
tablish that persecution is on account of 
race, religion, nationality, membership in a 
particular social group, or political opinion. 
‘‘(iv) 
CREDIBILITY
DETERMINA-
TION.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), a trier of fact may con-
duct a credibility assessment in the 
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context of evaluating an applicant’s 
claim for asylum. 
‘‘(II) PROCEDURAL
AND
SUB-
STANTIVE REQUIREMENTS.— 
‘‘(aa) OBJECTIVITY.—Deci-
sions regarding credibility shall 
be made objectively, impartially, 
and individually. 
‘‘(bb) MATERIAL FACTS.—A 
credibility assessment under this 
clause may only be conducted on 
the material facts of the appli-
cant’s claim. The perception of 
the trier of fact with respect to 
the applicant’s general truthful-
ness or trustworthiness shall not 
be relevant to assessing credi-
bility of material facts. 
‘‘(cc) DETAIL
AND
SPECI-
FICITY.—In assessing credibility, 
a trier of fact may consider the 
detail and specificity of informa-
tion provided by the applicant, 
the internal consistency of the 
applicant’s statements, and the 
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consistency of the applicant’s 
statements with available exter-
nal information. In considering 
such information and statements, 
the trier of fact shall consider the 
applicant’s 
contextual 
cir-
cumstances, including— 
‘‘(AA) exposure to trau-
ma; 
‘‘(BB) age; 
‘‘(CC) gender, sexual 
orientation, or gender iden-
tity; 
‘‘(DD) 
educational 
background; 
‘‘(EE) physical or men-
tal health issues; 
‘‘(FF) shame, stigma, 
or denial; 
‘‘(GG) 
communication 
difficulties; 
‘‘(HH) 
intercultural 
barriers; and 
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‘‘(II) the circumstances 
under which such statements 
were made. 
‘‘(dd) DUTY TO ASSIST.—A 
trier of fact shall have an affirm-
ative duty to assist the applicant 
in providing credible testimony. 
‘‘(ee) CONSISTENCY
WITH 
SCIENTIFIC
LITERATURE.—A 
credibility assessment conducted 
under this clause, and any credi-
bility finding made, shall be con-
sistent with current scientific lit-
erature relating to behavioral in-
dicators of truth-telling, the na-
ture of traumatic memories, and 
the ability of trauma survivors to 
recall 
aspects 
of, 
and 
sur-
rounding, a traumatic event. 
‘‘(ff) TIMING.—A credibility 
assessment under this clause may 
not be made until after— 
‘‘(AA) an interview of 
the applicant; and 
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‘‘(BB) all relevant evi-
dence has been collected and 
considered. 
‘‘(gg) OPPORTUNITY TO RE-
SPOND.—If a trier of fact doubts 
the credibility of the applicant, 
the trier of fact shall specify any 
such doubt to the applicant and 
provide the applicant a meaning-
ful opportunity to respond. 
‘‘(hh) CLEAR
FINDINGS.— 
The result of a credibility assess-
ment under this clause shall in-
clude clear findings based on and 
supported by evidence, after con-
sideration of all of the relevant 
evidence consistent with items 
(cc) and (dd), that describes the 
material facts that are accepted 
as credible and the material facts 
that are rejected as not credible, 
and the reason for such accept-
ance or rejection. 
‘‘(ii) 
REBUTTABLE
PRE-
SUMPTION.—If an adverse credi-
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bility determination is not explic-
itly made, the applicant shall 
have a rebuttable presumption of 
credibility on appeal.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
241(b)(3)(C) of the Immigration and Nationality 
Act (8 U.S.C. 1231(b)(3)(C)) is amended by striking 
‘‘and (iii)’’ and inserting ‘‘through (iv)’’. 
(b) CLARIFICATION ON ASYLUM ELIGIBILITY.—Sec-
tion 208(b)(2) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(2)) is amended by striking subparagraph 
(C) and inserting the following: 
‘‘(C) CLARIFICATION
ON
ASYLUM
ELIGI-
BILITY.—Notwithstanding any other provision 
of law, the eligibility of an alien for asylum 
shall be governed solely by this section.’’. 
(c) THIRD-COUNTRY TRANSIT.—Section 208(b)(2) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1158(b)(2) is amended by adding at the end the following: 
‘‘(E) THIRD-COUNTRY
TRANSIT.—A stay 
by an applicant in a third country that does not 
amount to firm resettlement shall not be 
grounds for discretionary denial of asylum.’’. 
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(d) INITIAL JURISDICTION OVER ASYLUM APPLICA-
TIONS.—Section 208(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(b)) is amended— 
(1) in paragraph (3), by striking subparagraph 
(C); and 
(2) by adding at the end the following: 
‘‘(4) INITIAL JURISDICTION.— 
‘‘(A) IN GENERAL.—An asylum officer (as 
defined in section 235(b)(1)(E)) shall have ini-
tial jurisdiction over any asylum application re-
gardless of whether filed in accordance with this 
section or section 235(b). 
‘‘(B) FINAL
ORDER
OF
REMOVAL
EN-
TERED.—In the case of an alien with respect to 
whom a final order of removal was previously 
entered, an asylum officer shall have initial ju-
risdiction over any application for withholding 
of removal under section 241(b)(3) or protec-
tion under the Convention against Torture and 
Other Cruel, Inhuman or Degrading Treatment 
or Punishment, done at New York December 
10, 1984, regardless of whether such an appli-
cation is filed in accordance with this section or 
section 235(b).’’. 
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(e) MODIFICATION OF DEFINITION OF ASYLUM OF-
FICER.—Section 235(b)(1)(E) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(1)(E)) is amended to 
read as follows: 
‘‘(E) ASYLUM OFFICER DEFINED.— 
‘‘(i) IN GENERAL.—In this paragraph, 
the term ‘asylum officer’ means an immi-
gration officer who— 
‘‘(I) has had professional training 
in country conditions, asylum law, and 
nonadversarial interviewing techniques 
necessary for adjudication of applica-
tions under section 208; 
‘‘(II) 
adjudicates 
applications 
under that section on a full-time 
basis; and 
‘‘(III) is supervised by an officer 
who— 
‘‘(aa) meets the condition 
described in subclause (I); and 
‘‘(bb) has had substantial 
experience adjudicating asylum 
applications. 
‘‘(ii) 
EXCEPTIONAL
CIR-
CUMSTANCES.— 
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‘‘(I) IN
GENERAL.—The Sec-
retary of Homeland Security may, 
only in exceptional circumstances and 
to protect national security, designate 
one or more individuals who do not 
meet the condition described in clause 
(i)(III) to act as temporary asylum of-
ficers. 
‘‘(II) 
LIMITATION.—An 
indi-
vidual designated as a temporary asy-
lum officer under subclause (I) may 
not hold or have held in the preceding 
3 years a position the central function 
of which is immigration enforcement, 
including Border Patrol agents, Cus-
toms and Border Protection officers, 
and Immigration and Customs En-
forcement officers. 
‘‘(III) ANNUAL
REPORT.—Dur-
ing any period in which the Secretary 
of Homeland Security designates one 
or more temporary asylum officers, 
not later than 30 days after such des-
ignation, the Secretary of Homeland 
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Security shall submit to Congress a 
report that includes— 
‘‘(aa) a justification for the 
designation; 
‘‘(bb) the number of officers 
designated; 
‘‘(cc) the duration of service 
of such officers; 
‘‘(dd) the number of inter-
views conducted by such officers; 
‘‘(ee) with respect to appli-
cations for asylum, withholding 
of 
removal 
under 
section 
241(b)(3), and protection under 
the Convention against Torture 
adjudicated by such officers, the 
rate of grants, denials, referrals, 
and otherwise closed applications; 
and 
‘‘(ff) with respect to credible 
fear determinations carried out 
by such officers, the rate of posi-
tive, 
negative, 
and 
otherwise 
closed determinations.’’. 
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(f) REMOVAL PROCEEDINGS.—Section 240(c)(4) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229a(c)(4)) is amended— 
(1) in subparagraph (B), by striking the last 
sentence and inserting the following: ‘‘If the trier of 
fact determines that the applicant should provide 
evidence that corroborates otherwise credible testi-
mony, the trier of fact shall provide notice and allow 
the applicant a reasonable opportunity to file such 
evidence. The trier of fact may not require such evi-
dence if the applicant does not have the evidence 
and demonstrates that he or she cannot reasonably 
obtain the evidence. Evidence shall not be considered 
reasonably obtainable under this subparagraph if 
procurement of such evidence would reasonably en-
danger the life or safety of any person in the appli-
cant’s home country.’’; and 
(2) in subparagraph (C), in the first sentence, 
by striking ‘‘, without regard to whether an incon-
sistency, inaccuracy, or falsehood goes to the heart 
of the applicant’s claim, or any other relevant fac-
tor’’ and inserting ‘‘If the trier of fact determines 
that there are inconsistencies or omissions, the alien 
shall be given an opportunity to explain and provide 
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support or evidence to clarify such inconsistencies or 
omissions.’’. 
SEC. 105. TRANSPARENCY IN REFUGEE DETERMINATIONS. 
Section 207(c) of the Immigration and Nationality 
Act (8 U.S.C. 1157(c)) is amended by adding at the end 
the following: 
‘‘(5) The adjudicator of an application for refugee 
status under this section shall consider all relevant evi-
dence and maintain a record of the evidence considered. 
‘‘(6) An applicant for refugee status may be rep-
resented, including at a refugee interview, at no expense 
to the Government, by an attorney or accredited rep-
resentative who— 
‘‘(A) was chosen by the applicant; and 
‘‘(B) is authorized by the Secretary of Home-
land Security to be recognized as the representative 
of such applicant in an adjudication under this sec-
tion. 
‘‘(7)(A) A decision to deny an application for refugee 
status under this section— 
‘‘(i) shall be in writing; and 
‘‘(ii) shall cite the specific applicable provisions 
of this Act upon which such denial was based, in-
cluding— 
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SEC. 106. EMPLOYMENT AUTHORIZATION FOR ASYLUM 
SEEKERS AND OTHER INDIVIDUALS. 
(a) ASYLUM SEEKERS.—Paragraph (2) of section 
208(d) of the Immigration and Nationality Act (8 U.S.C. 
1158(d)) is amended to read as follows: 
‘‘(2) EMPLOYMENT AUTHORIZATION.— 
‘‘(A) 
ELIGIBILITY.—The 
Secretary 
of 
Homeland Security shall authorize employment 
for an applicant for asylum who is not in deten-
tion and the application for asylum of whom 
has not been determined frivolous. 
‘‘(B) APPLICATION.—An applicant for asy-
lum who is not otherwise eligible for employ-
ment authorization shall not be granted such 
authorization before the date that is 30 days 
after the date of filing of the application for 
asylum. 
‘‘(C) TERM.—Employment authorization 
for an applicant for asylum shall be— 
‘‘(i) for a period of 2 years; and 
‘‘(ii) renewable for additional 2-year 
periods for the entire continuous period 
necessary to adjudicate the asylum claim 
of the applicant, including administrative 
or judicial review.’’. 
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(b) INDIVIDUALS GRANTED WITHHOLDING OF RE-
MOVAL.—Section 241(b)(3) of the Immigration and Na-
tionality Act (8 U.S.C. 1231(b)(3)) is amended by adding 
at the end the following: 
‘‘(D) EMPLOYMENT AUTHORIZATION.— 
‘‘(i) ELIGIBILITY.—The Secretary of 
Homeland Security shall authorize employ-
ment for an alien granted withholding of 
removal under this paragraph or deferral 
of removal under the Convention against 
Torture and Other Cruel, Inhuman or De-
grading Treatment or Punishment, done at 
New York December 10, 1984. 
‘‘(ii) TERM.—Employment authoriza-
tion for an alien described in clause (i) 
shall be— 
‘‘(I) for a period of 2 years; and 
‘‘(II) renewable for additional 2- 
year periods for the duration of such 
withholding of removal or deferral of 
removal status.’’. 
SEC. 107. ADMISSION OF REFUGEES AND ASYLEES AS LAW-
FUL PERMANENT RESIDENTS. 
(a) ASYLEES.—Section 208(b)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1158(b)(3)), as amended 
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by section 104(d), is further amended by adding at the 
end the following: 
‘‘(C) PETITION.—An alien granted asylum 
under this subsection may petition for the same 
status to be conferred on his or her spouse or 
child at any time after such alien is granted 
asylum whether or not such alien has applied 
for, or been granted, adjustment to permanent 
resident status under section 209. 
‘‘(D) PERMANENT
RESIDENT
STATUS.— 
Notwithstanding 
any 
numerical 
limitations 
under this Act, a spouse or child admitted to 
the United States as an asylee following to join 
a spouse or parent previously granted asylum 
may be regarded as lawfully admitted to the 
United States for permanent residence as of the 
date of the admission to the United States of 
such spouse or child admission to the United 
States, if admissible under section 209. 
‘‘(E) APPLICATION FOR ADJUSTMENT OF 
STATUS.—A spouse or child who was not admit-
ted to the United States pursuant to a grant of 
asylum, but who was granted asylum under this 
subparagraph after his or her arrival as the 
spouse or child of an alien granted asylum 
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under section 208, may apply for adjustment of 
status to that of lawful permanent resident 
under section 209 at any time after being 
granted asylum.’’. 
(b) REFUGEES.—Section 209 of the Immigration and 
Nationality Act (8 U.S.C. 1159) is amended to read as 
follows: 
‘‘SEC. 209. TREATMENT OF ALIENS ADMITTED AS REFU-
GEES AND OF ALIENS GRANTED ASYLUM. 
‘‘(a) IN GENERAL.— 
‘‘(1) TREATMENT
OF
REFUGEE
FAMILIES.— 
Any alien may be lawfully admitted to the United 
States for permanent residence at the time of initial 
admission to the United States if the alien— 
‘‘(A) has been approved for admission to 
the United States— 
‘‘(i) under section 207 or 208; or 
‘‘(ii) under section 208(b)(3) as the 
spouse or child of an alien granted asylum 
under section 208(b)(1); and 
‘‘(B) is admissible under section 212 (ex-
cept as otherwise provided in subsections (b) 
and (c)). 
‘‘(2) ADJUSTMENT OF STATUS.— 
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‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security or the Attorney General, in 
the discretion of the Secretary or the Attorney 
General, and under such regulations as the Sec-
retary or the Attorney General may prescribe, 
may adjust, to the status of an alien lawfully 
admitted to the United States for permanent 
residence, the status of any alien who, while in 
the United States— 
‘‘(i) is granted— 
‘‘(I) asylum under section 208(b) 
(as a principal alien or as the spouse 
or child of an alien granted asylum); 
or 
‘‘(II) refugee status under section 
207 as the spouse or child of a ref-
ugee; 
‘‘(ii) applies for such adjustment of 
status at any time after being granted asy-
lum or refugee status; 
‘‘(iii) is not firmly resettled in any 
foreign country; and 
‘‘(iv) is admissible (except as other-
wise provided under subsections (b) and 
(c)) as an immigrant under this Act at the 
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time of examination for adjustment of such 
alien. 
‘‘(B) 
APPLICABILITY.—This 
paragraph 
shall apply to any alien lawfully admitted for 
permanent residence under section 207 or 208 
before the date of the enactment of the Refugee 
Protection Act of 2019. 
‘‘(3) RECORD.—Upon approval of an applica-
tion under this subsection, the Secretary of Home-
land Security or the Attorney General shall establish 
a record of the alien’s admission for lawful perma-
nent residence as of the date such alien was granted 
asylum or refugee status. 
‘‘(b) INAPPLICABILITY OF CERTAIN INADMISSIBILITY 
GROUNDS
TO REFUGEES, ALIENS GRANTED ASYLUM, 
AND SUCH ALIENS SEEKING ADJUSTMENT OF STATUS TO 
LAWFUL PERMANENT RESIDENT.—Paragraphs (4), (5), 
and (7)(A) of section 212(a) shall not apply to— 
‘‘(1) any refugee under section 207; 
‘‘(2) any alien granted asylum under section 
208; or 
‘‘(3) any alien seeking admission as a lawful 
permanent resident pursuant to a grant of refugee 
or asylum status. 
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‘‘(c) WAIVER
OF INADMISSIBILITY
OR DEPORT-
ABILITY FOR REFUGEES, ALIENS GRANTED ASYLUM, AND 
SUCH ALIENS SEEKING ADJUSTMENT
OF STATUS
TO 
LAWFUL PERMANENT RESIDENT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary of Homeland Security or 
the Attorney General may waive any ground under 
section 212 or 237 for aliens admitted pursuant to 
section 207 or 208, or seeking admission as a lawful 
permanent resident pursuant to subsection (a), if 
such a waiver is justified by humanitarian purposes, 
to ensure family unity, or is otherwise in the public 
interest. 
‘‘(2) INELIGIBILITY.—Aliens admitted pursuant 
to section 207 or 208, or seeking admission as a 
lawful permanent resident pursuant to subsection 
(a), shall be ineligible for a waiver under paragraph 
(1) if it has been established that the alien is— 
‘‘(A) 
inadmissible 
under 
section 
212(a)(2)(C) or subparagraph (A), (B), (C), or 
(E) of section 212(a)(3); 
‘‘(B) 
deportable 
under 
section 
237(a)(2)(A)(iii) for an offense described in 
section 101(a)(43)(B); or 
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‘‘(C) deportable under subparagraph (A), 
(B), (C), or (D) of section 237(a)(4).’’. 
(c) CLARIFICATION.—Aliens admitted for lawful per-
manent residence pursuant to paragraph (1) of section 
209(a) of the Immigration and Nationality Act, as amend-
ed by subsection (b), or who adjust their status pursuant 
to paragraph (2) of such section, shall be considered to 
be refugees and aliens granted asylum in accordance with 
sections 402, 403, 412, and 431 of the Personal Responsi-
bility and Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1612, 1613, 1622, and 1641). 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) ALIENS NOT SUBJECT TO DIRECT NUMER-
ICAL
LIMITATIONS.—Section 201(b)(1)(B) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1151(b)(1)(B)) is amended to read as follows: 
‘‘(B) Aliens who are admitted to the 
United States as permanent residents under 
section 207 or 208 or whose status is adjusted 
under section 209.’’. 
(2) TRAINING.—Section 207(f)(1) of such Act 
(8 U.S.C. 1157(f)(1)) is amended by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary of Home-
land Security’’. 
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(3) 
FEES
FOR
ADJUSTMENT.—Section 
208(d)(3) of such Act (8 U.S.C. 1158(d)(3)) is 
amended by striking ‘‘section 209(b)’’ and inserting 
‘‘section 209(a)(2)’’. 
(4) COMMONWEALTH OF THE NORTHERN MAR-
IANA
ISLANDS.—Section 208(e) of such Act (8 
U.S.C. 1158(e)) is amended by striking ‘‘section 
209(b)’’ and inserting ‘‘section 209(a)(2)’’. 
(5) TABLE OF CONTENTS.—The table of con-
tents for such Act is amended by striking the item 
relating to section 209 and inserting the following: 
‘‘Sec. 209. Treatment of aliens admitted as refugees and of aliens granted asy-
lum.’’. 
Subtitle B—Protections for 
Children and Families 
SEC. 111. KEEPING FAMILIES TOGETHER. 
(a) MODIFICATION OF DEFINITION OF CHILD.—Sec-
tion 101(b)(1) of the Immigration and Nationality Act (8 
U.S.C. 1101(b)(1)) is amended by— 
(1) in subparagraph (E)(ii), by striking ‘‘; or’’ 
and inserting a semicolon; 
(2) in subparagraph (F)(ii), by striking the pe-
riod at the end and inserting a semicolon; 
(3) in subparagraph (G)(iii)(III), by striking 
the period at the end and inserting ‘‘; or’’; and 
(4) by adding at the end the following: 
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‘‘(H)(i) a child under the age of 18 at the 
time an application is filed to accord a principal 
alien refugee status— 
‘‘(I) who is an orphan because of the 
death or disappearance of, abandonment or 
desertion by, or separation or loss from, 
both parents; or 
‘‘(II) for whom the sole or surviving 
parent is incapable of providing the proper 
care and has, in writing, irrevocably re-
leased the child for emigration and adop-
tion; 
‘‘(ii) who has been living in a country of 
asylum under the care of such principal alien; 
and 
‘‘(iii) for whom the Secretary of Homeland 
Security is satisfied that proper care will be 
furnished if the child is admitted to the United 
States.’’. 
(b) ADMISSION OF REFUGEE FAMILIES AND TIMELY 
ADJUDICATION.—Paragraph (2) of section 207(c) of the 
Immigration and Nationality Act (8 U.S.C. 1157(c)) is 
amended to read as follows: 
‘‘(2)(A)(i) Irrespective of the date on which such ref-
ugee was admitted to the United States, the spouse or a 
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child (as defined in section 101(b)(1)) of any refugee, or 
the parent or de facto guardian (as determined by the Sec-
retary of Homeland Security) of such a child who qualifies 
for admission under paragraph (1), if not otherwise enti-
tled to admission under such paragraph and not described 
in section 101(a)(42)(B), shall be entitled to the same ad-
mission status as such refugee if— 
‘‘(I) accompanying, or following to join, such 
refugee; and 
‘‘(II) admissible (except as otherwise provided 
under paragraph (3)) as an immigrant under this 
chapter. 
‘‘(ii) The admission to the United States of a spouse, 
child, parent, or guardian described in clause (i) shall not 
be charged against the numerical limitation established in 
accordance with the appropriate subsection under which 
the refugee’s admission is charged. 
‘‘(B) A mother or father who seeks to accompany, 
or follow to join, an alien granted admission as a refugee 
under this subsection shall continue to be classified as a 
mother or father for purposes of this paragraph if the 
alien attained 21 years of age while such application was 
pending. 
‘‘(C) The parent or de facto guardian (as determined 
by the Secretary of Homeland Security) of a refugee child 
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admitted under this section and was admitted under the 
Unaccompanied Refugee Minors program (as described in 
subparagraph (D), (E), or (H) of section 101(b)(1) shall 
be treated in accordance with subparagraph (A) if such 
parent or guardian seeks to follow to join such refugee 
child and the minor consents to being joined by such indi-
vidual. 
‘‘(D)(i) Not later than 1 year after the date on which 
an application for refugee status is filed under this para-
graph— 
‘‘(I) required screenings and background checks 
shall be completed; and 
‘‘(II) the application shall be adjudicated. 
‘‘(ii) The adjudication of an application may exceed 
the timeframe under clause (i) only in exceptional cir-
cumstances in which additional time to process an applica-
tion is necessary to satisfy national security concerns, if 
the Secretary of Homeland Security has— 
‘‘(I) made a determination that the applicant 
meets the requirements for refugee status under this 
section; and 
‘‘(II) notified the applicant of such determina-
tion.’’. 
(c) TREATMENT OF ASYLEE FAMILIES AND TIMELY 
ADJUDICATION.—Section 208(b)(3) of the Immigration 
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and Nationality Act (8 U.S.C. 1158(b)(3)), as amended 
by sections 104(d) and 107(a), is further amended— 
(1) in subparagraph (A), by striking ‘‘or fol-
lowing to join, such alien’’ and inserting, ‘‘or fol-
lowing to join, such alien, irrespective of the date on 
which such alien was granted asylum’’; and 
(2) by adding at the end the following: 
‘‘(F) CHILDREN OF ASYLEE SPOUSES.—A 
child (as defined in subparagraph (A), (B), (C), 
(D), or (E) of section 101(b)(1)) born to the 
asylee spouse who qualifies for admission under 
paragraph (A) shall, if not otherwise eligible for 
asylum under this section, be granted the same 
status as such asylee spouse if accompanying, 
or following to join, such asylee spouse. 
‘‘(G) APPLICATION PROCESS.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date on which an application 
for refugee status is filed under this para-
graph— 
‘‘(I) 
required 
screenings 
and 
background checks shall be completed; 
and 
‘‘(II) the application shall be ad-
judicated. 
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‘‘(ii) EXCEPTION.—The adjudication 
of an application may exceed the time-
frame under clause (i) only in exceptional 
circumstances in which additional time to 
process an application is necessary to sat-
isfy national security concerns, if the Sec-
retary of Homeland Security has— 
‘‘(I) made a determination that 
the applicant meets the requirements 
for refugee status under this section; 
and 
‘‘(II) notified the applicant of 
such determination. 
‘‘(iii) PROHIBITION ON DENIALS DUE 
TO PROCESSING DELAYS.—An application 
for asylum under this paragraph shall not 
be denied, in whole or in part, on the basis 
that processing could not be completed 
within the timeframe under clause (i).’’. 
SEC. 112. PROTECTIONS FOR MINORS SEEKING ASYLUM. 
(a) IN GENERAL.—Section 208 of the Immigration 
and Nationality Act (8 U.S.C. 1158) is amended— 
(1) in subsection (a)(2), as amended by section 
103, by amending subparagraph (E) to read as fol-
lows: 
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‘‘(E) APPLICABILITY
TO
MINORS.—Sub-
paragraphs (A), (B), and (C) shall not apply to 
an applicant who is younger than 18 years of 
age on the earlier of— 
‘‘(i) the date on which the asylum ap-
plication is filed; or 
‘‘(ii) the date on which any notice to 
appear is issued.’’; and 
(2) in subsection (b), in paragraph (4), as 
added by section 104(d)(2), by adding at the end the 
following: 
‘‘(C) APPLICANTS UNDER 18 YEARS.—An 
asylum 
officer 
(as 
defined 
in 
section 
235(b)(1)(E)) shall have initial jurisdiction over 
any asylum application filed by an applicant 
who is younger than 18 years of age on the ear-
lier of— 
‘‘(i) the date on which the asylum ap-
plication is filed; or 
‘‘(ii) the date on which any notice to 
appear is issued.’’. 
(b) TREATMENT OF SPOUSE, CHILDREN, MOTHER, 
AND FATHER SEEKING ASYLUM.—Section 208(b)(3) of 
the Immigration and Nationality Act (8 U.S.C. 1158), as 
amended by section 104(d), is further amended— 
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(1) in the paragraph heading, by striking ‘‘AND 
CHILDREN’’ and inserting ‘‘, CHILDREN, MOTHERS, 
AND FATHERS’’; 
(2) in subparagraph (A), by striking ‘‘(as de-
fined in section 101(b)(1)(A), (B), (C), (D), or (E)) 
of an alien’’ and inserting ‘‘(as defined in subpara-
graph (A), (B), (C), (D), (E), or (H) of section 
101(b)(1)) of an alien, or the mother or father of an 
alien who is such a child,’’; and 
(3) by amending subparagraph (B) to read as 
follows: 
‘‘(B) CONTINUED CLASSIFICATION OF CER-
TAIN ALIENS AS CHILDREN.— 
‘‘(i) UNMARRIED
ALIENS.—An un-
married alien who seeks to accompany, or 
follow to join, a mother or father granted 
asylum under this subsection, and any 
child of such unmarried alien, shall con-
tinue to be classified as a child for pur-
poses of this paragraph and shall be con-
sidered a refugee, if— 
‘‘(I) the alien was younger than 
21 years of age on the date on which 
such mother or father applied for asy-
lum under this section; and 
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‘‘(II) the alien attained 21 years 
of age while such application was 
pending. 
‘‘(ii) EFFECT ON MOTHERS AND FA-
THERS.—A mother or father who seeks to 
accompany, or follow to join, an alien 
granted asylum under this subsection shall 
continue to be classified as a mother or fa-
ther for purposes of this paragraph, and 
together with the spouse or child of such 
mother or father, be considered a refugee, 
if the alien attained 21 years of age while 
such application was pending.’’. 
(c) REINSTATEMENT OF REMOVAL.—Section 241(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1231(a)) is amended— 
(1) in paragraph (5), by striking ‘‘If the Attor-
ney General’’ and inserting ‘‘Except as provided in 
paragraph (8), if the Secretary of Homeland Secu-
rity’’; and 
(2) by adding at the end the following: 
‘‘(8) APPLICABILITY
OF
REINSTATEMENT
OF 
REMOVAL.—Paragraph (5) shall not apply to an 
alien who— 
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‘‘(A)(i) reentered the United States ille-
gally after the alien was previously removed or 
departed voluntarily under an order of removal; 
and 
‘‘(ii) was younger than 18 years of age on 
the date on which the alien was removed or de-
parted voluntarily under an order of removal; 
‘‘(B) demonstrates to the satisfaction of 
the adjudicator that the basis for seeking asy-
lum developed or amplified after the alien was 
previously removed or departed voluntarily 
under an order of removal; 
‘‘(C)(i) was removed pursuant to expedited 
procedures under section 235(b); and 
‘‘(ii) demonstrates to the satisfaction of an 
immigration judge that the expedited removal 
order was issued without the alien having been 
offered the opportunity to apply for asylum; 
‘‘(D) was issued an order of removal after 
having been designated under the migrant pro-
tection protocols announced by the Secretary of 
Homeland Security on December 20, 2018 (or 
any successor protocols); 
‘‘(E) was deprived of or denied access to 
asylum procedures under section 208 solely or 
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primarily as a result of the implementation of 
the interim final rule of the Department of 
Homeland Security and the Department of Jus-
tice entitled ‘Aliens Subject to a Bar on Entry 
Under Certain Presidential Proclamations; Pro-
cedures for Protection Claims’ (83 Fed. Reg. 
55934 (November 9, 2019)) or Asylum Eligi-
bility and Procedural Modifications (84 Fed. 
Reg. 33829); or 
‘‘(F) was ordered removed solely or pri-
marily as a result of the implementation of— 
‘‘(i) the policy memorandum of the 
U.S. Citizenship and Immigration Services 
entitled ‘Guidance for Processing Reason-
able Fear, Credible Fear, Asylum, and 
Refugee Claims in Accordance with Matter 
of A–B–’ (PM–602–0162), dated July 11, 
2018; 
‘‘(ii) the memorandum of the Office of 
the Principal Legal Advisor of U.S. Immi-
gration and Customs Enforcement entitled 
‘Litigating Domestic Violence-Based Perse-
cution Claims Following Matter of A–B–’, 
dated July 11, 2018; 
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‘‘(iii) Presidential Proclamation 9822, 
issued on November 9, 2018 (83 Fed. Reg. 
57661); or 
‘‘(iv) the policy memorandum of the 
U.S. Citizenship and Immigration Services 
entitled ‘Guidance for Implementing Sec-
tion 235(b)(2)(C) of the Immigration and 
Nationality Act and the Migrant Protec-
tion Protocols’ (PM–602–0169), dated 
January 28, 2019.’’. 
SEC. 113. FAIR DAY IN COURT FOR KIDS. 
(a) IMPROVING IMMIGRATION COURT EFFICIENCY 
AND REDUCING COSTS BY INCREASING ACCESS TO LEGAL 
INFORMATION.— 
(1) APPOINTMENT
OF
COUNSEL
IN
CERTAIN 
CASES; RIGHT TO REVIEW CERTAIN DOCUMENTS IN 
REMOVAL PROCEEDINGS.—Section 240(b) of the Im-
migration and Nationality Act (8 U.S.C. 1229a(b)) 
is amended— 
(A) in paragraph (4)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘, at no expense 
to the Government,’’; and 
(II) by striking the comma at the 
end and inserting a semicolon; 
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(ii) by redesignating subparagraphs 
(B) and (C) as subparagraphs (D) and 
(E), respectively; 
(iii) by inserting after subparagraph 
(A) the following: 
‘‘(B) the Attorney General may appoint or 
provide counsel to aliens in immigration pro-
ceedings; 
‘‘(C) at the beginning of the proceedings or 
as expeditiously as possible, the alien shall 
automatically receive a complete copy of the 
alien’s Alien File (commonly known as an ‘A- 
file’) and Form I–862 (commonly known as a 
‘Notice to Appear’) in the possession of the De-
partment of Homeland Security (other than 
documents protected from disclosure by privi-
lege, including national security information re-
ferred to in subparagraph (D), law enforce-
ment-sensitive information, and information 
prohibited from disclosure pursuant to any 
other provision of law) unless the alien waives 
the right to receive such documents by exe-
cuting a knowing and voluntary written waiver 
in a language that he or she understands flu-
ently;’’; and 
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(iv) in subparagraph (D), as so redes-
ignated, by striking ‘‘, and’’ and inserting 
‘‘; and’’; and 
(B) by adding at the end the following: 
‘‘(8) FAILURE TO PROVIDE REQUIRED DOCU-
MENTS TO ALIEN.—In the absence of a waiver under 
paragraph (4)(C), a removal proceeding may not 
proceed until the alien— 
‘‘(A) has received the documents required 
under such paragraph; and 
‘‘(B) has been provided meaningful time to 
review and assess such documents.’’. 
(2) CLARIFICATION REGARDING THE AUTHOR-
ITY OF THE ATTORNEY GENERAL TO APPOINT COUN-
SEL TO ALIENS IN IMMIGRATION PROCEEDINGS.— 
Section 292 of the Immigration and Nationality Act 
(8 U.S.C. 1362) is amended— 
(A) by striking ‘‘In any’’ and inserting the 
following: 
‘‘(a) IN GENERAL.—In any’’; 
(B) in subsection (a), as so designated— 
(i) by striking ‘‘(at no expense to the 
Government)’’; and 
(ii) by striking ‘‘he shall’’ and insert-
ing ‘‘the person shall’’; and 
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(C) by adding at the end the following: 
‘‘(b) APPOINTMENT OF COUNSEL.— 
‘‘(1) IN GENERAL.—The Attorney General may 
appoint or provide counsel to aliens in any pro-
ceeding conducted under section 235(b), 236, 238, 
240, or 241 or any other section of this Act. 
‘‘(2) ACCESS TO COUNSEL.—The Secretary of 
Homeland Security shall facilitate access to counsel 
for aliens detained inside immigration detention and 
border facilities in any proceeding conducted under 
section 235(b), 236, 238, 240, or 241.’’. 
(3) APPOINTMENT OF COUNSEL FOR CHILDREN 
AND VULNERABLE INDIVIDUALS.— 
(A) IN GENERAL.—Section 292 of the Im-
migration and Nationality Act (8 U.S.C. 1362), 
as amended by paragraph (2), is further 
amended by adding at the end the following: 
‘‘(c) CHILDREN AND VULNERABLE INDIVIDUALS.— 
Notwithstanding subsection (b), the Attorney General 
shall appoint counsel, at the expense of the Government 
if necessary, at the beginning of the proceedings or as ex-
peditiously as possible, to represent in such proceedings 
any alien who has been determined by the Secretary of 
Homeland Security or the Attorney General to be— 
‘‘(1) a child; 
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‘‘(2) a particularly vulnerable individual, such 
as— 
‘‘(A) a person with a disability; or 
‘‘(B) a victim of abuse, torture, or violence; 
or 
‘‘(3) an individual whose circumstances are 
such that the appointment of counsel is necessary to 
help ensure fair resolution and efficient adjudication 
of the proceedings. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Executive Office 
for Immigration Review of the Department of Justice such 
sums as may be necessary to carry out this section.’’. 
(B) RULEMAKING.—The Attorney General 
shall promulgate regulations to implement sec-
tion 292(c) of the Immigration and Nationality 
Act, as added by subparagraph (A), in accord-
ance with the requirements set forth in section 
3006A of title 18, United States Code. 
(b) ACCESS
TO COUNSEL
AND LEGAL ORIENTA-
TION.— 
(1) ACCESS TO COUNSEL AT DETENTION FA-
CILITIES.—The Secretary shall provide access to 
counsel for all aliens held or detained in— 
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(A) a facility under the supervision of U.S. 
Immigration and Customs Enforcement, U.S. 
Customs and Border Protection, or the Depart-
ment of Health and Human Services; or 
(B) any private facility that contracts with 
the Federal Government to house, detain, or 
hold aliens. 
(2) ACCESS
TO
LEGAL
ORIENTATION
PRO-
GRAMS.— 
(A) IN GENERAL.—The Secretary, in con-
sultation with the Attorney General, shall estab-
lish procedures to ensure that legal orientation 
programs are available for all aliens detained by 
the Department to inform such aliens of— 
(i) the basic procedures of immigra-
tion hearings; 
(ii) the rights of aliens relating to 
such hearings under Federal immigration 
law; 
(iii) information that may deter such 
aliens from filing frivolous legal claims; 
and 
(iv) any other information that the 
Attorney General considers appropriate, 
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such as a contact list of potential legal re-
sources and providers. 
(B) ACCESS.—Access to legal orientation 
programs shall not be limited by the alien’s cur-
rent immigration status, prior immigration his-
tory, or potential for immigration relief. 
(C) ROLE OF NONGOVERNMENTAL ORGANI-
ZATIONS.—The Secretary, in consultation with 
the Attorney General, shall enter into 1 or more 
contracts with 1 or more nongovernmental com-
munity-based organizations for the provision of 
the legal orientation programs under this para-
graph. 
(3) IMMIGRATION COURT INFORMATION HELP 
DESK.—The Attorney General shall expand the ex-
isting Immigration Court Helpdesk pilot program to 
all detained and nondetained immigration courts. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Execu-
tive Office for Immigration Review of the Depart-
ment of Justice such sums as may be necessary to 
carry out this subsection. 
(c) REPORT ON ACCESS TO COUNSEL.— 
(1) REPORT.—Not later than December 31 of 
each year, the Secretary, in consultation with the 
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Attorney General, shall prepare and submit a report 
to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of 
Representatives regarding the extent to which aliens 
described in section 292(c) of the Immigration and 
Nationality Act, as added by subsection (a)(3)(A), 
have been provided access to counsel. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include, for the immediately pre-
ceding 1-year period, the number and percentage of 
aliens described in paragraphs (1), (2), and (3), re-
spectively, of section 292(c) of the Immigration and 
Nationality Act, as added by subsection (a)(3)(A), 
who were represented by counsel, including informa-
tion specifying— 
(A) the stage of the legal process at which 
the alien was represented; 
(B) whether the alien was in government 
custody; and 
(C) the number and percentage of aliens 
who received legal orientation presentations. 
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Subtitle C—Protections for Other 
Vulnerable Individuals 
SEC. 121. MODIFICATION OF PHYSICAL PRESENCE RE-
QUIREMENTS FOR ALIENS ADMITTED IN SPE-
CIAL IMMIGRANT STATUS FOR PERSONS WHO 
HAVE SERVED AS TRANSLATORS FOR THE 
ARMED FORCES. 
(a) IN GENERAL.—Section 1059(e)(1) of the Na-
tional Defense Authorization Act for Fiscal Year 2006 
(Public Law 109–163; 8 U.S.C. 1101 note) is amended 
to read as follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) CONTINUOUS RESIDENCE.—A period 
of absence from the United States described in 
paragraph (2) shall not be considered to break 
any period for which continuous residence in 
the United States is required for naturalization 
under title III of the Immigration and Nation-
ality Act (8 U.S.C. 1401 et seq.). 
‘‘(B) PHYSICAL PRESENCE.—In the case of 
a lawful permanent resident, for an absence 
from the United States described in paragraph 
(2), the time spent outside of the United States 
in the capacity described in paragraph (2) shall 
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be counted towards the accumulation of the re-
quired physical presence in the United States.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if included in the 
amendment made by section 1(c)(2) of the Act entitled 
‘‘An Act to increase the number of Iraqi and Afghani 
translators and interpreters who may be admitted to the 
United States as special immigrants, and for other pur-
poses’’, approved June 15, 2007 (Public Law 110–36; 121 
Stat. 227). 
SEC. 122. PROTECTION OF STATELESS PERSONS IN THE 
UNITED STATES. 
(a) IN GENERAL.—Chapter 1 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1151 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 210A. PROTECTION OF STATELESS PERSONS IN THE 
UNITED STATES. 
‘‘(a) DEFINITION OF STATELESS PERSON.—In this 
section, the term ‘stateless person’ means an individual 
who is not a national of any state by operation of its law. 
‘‘(b) 
DESIGNATION
OF
SPECIFIC
STATELESS 
GROUPS.—The Secretary of Homeland Security, in con-
sultation with the Secretary of State, may, in the discre-
tion of the Secretary of Homeland Security, designate spe-
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cific groups of individuals who are considered stateless 
persons, for purposes of this section. 
‘‘(c) MECHANISMS FOR REGULARIZING THE STATUS 
OF STATELESS PERSONS.— 
‘‘(1) RELIEF FOR CERTAIN INDIVIDUALS DE-
TERMINED TO BE STATELESS PERSONS.—The Sec-
retary of Homeland Security or the Attorney Gen-
eral shall provide lawful conditional resident status 
to an alien who— 
‘‘(A) is a stateless person who is present in 
the United States; 
‘‘(B) applies for such relief; 
‘‘(C) has not lost his or her nationality as 
a result of voluntary action after arrival in the 
United States, unless the loss was the result of 
duress, coercion, or a reasonable expectation 
that he or she had acquired or would acquire 
another nationality or citizenship; and 
‘‘(D)(i) is not inadmissible under para-
graph (2) or (3) of section 212(a) based on 
criminal or national security grounds; and 
‘‘(ii) 
is 
not 
described 
in 
section 
241(b)(3)(B)(i). 
‘‘(2) WAIVERS.—The Secretary of Homeland 
Security or the Attorney General may waive any 
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provisions under paragraph (2) or (3) of section 
212(a) (other than subparagraph (B), (D)(ii), (E), 
(G), (H), or (I) of paragraph (2) or subparagraph 
(A), (B), (C), (E), or (F) of paragraph (3)) with re-
spect to such an alien for humanitarian purposes, to 
assure family unity, or if it is otherwise in the public 
interest. 
‘‘(3) SUBMISSION
OF
PASSPORT
OR
TRAVEL 
DOCUMENT.—Any alien who seeks relief under this 
section shall submit to the Secretary of Homeland 
Security or the Attorney General— 
‘‘(A) any available passport or travel docu-
ment issued at any time to the alien (whether 
or not the passport or document has expired or 
been canceled, rescinded, or revoked); or 
‘‘(B) an affidavit, sworn under penalty of 
perjury— 
‘‘(i) stating that the alien has never 
been issued a passport or travel document; 
or 
‘‘(ii) identifying with particularity any 
such passport or travel document and ex-
plaining why the alien cannot submit it. 
‘‘(4) EMPLOYMENT AUTHORIZATION.—The Sec-
retary of Homeland Security may authorize an alien 
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who has applied for and is found prima facie eligible 
for or has been granted relief under paragraph (1) 
to engage in employment in the United States. 
‘‘(5) TRAVEL DOCUMENTS.—Upon request, the 
Secretary of Homeland Security shall provide an 
alien who has been granted lawful conditional resi-
dent status under paragraph (1) with a document 
that facilitates the alien’s ability to travel abroad 
and be admitted to the United States upon return, 
if otherwise admissible. 
‘‘(6) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—The spouse or child of an alien who has 
been granted lawful conditional resident status 
under paragraph (1) shall, if not otherwise eligible 
for admission under paragraph (1), be granted law-
ful conditional resident status under this subsection 
if accompanying, or following to join, such alien if— 
‘‘(A) the spouse or child is admissible (ex-
cept as otherwise provided in paragraph (2)) 
and is not described in section 241(b)(3)(B)(i); 
and 
‘‘(B) the qualifying relationship to the 
principal beneficiary existed on the date on 
which such alien was granted conditional lawful 
status. 
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‘‘(d) ADJUSTMENT OF STATUS.— 
‘‘(1) INSPECTION AND EXAMINATION.—At the 
end of the 1-year period beginning on the date on 
which an alien has been granted conditional lawful 
status under subsection (c), the alien may apply for 
lawful permanent residence in the United States if— 
‘‘(A) the alien has been physically present 
in the United States for at least 1 year; 
‘‘(B) the alien’s conditional lawful status 
has not been terminated by the Secretary of 
Homeland Security or the Attorney General, 
pursuant to such regulations as the Secretary 
or the Attorney General may prescribe; and 
‘‘(C) the alien has not otherwise acquired 
permanent resident status. 
‘‘(2) REQUIREMENTS
FOR
ADJUSTMENT
OF 
STATUS.—The Secretary of Homeland Security or 
the Attorney General, under such regulations as the 
Secretary or the Attorney General may prescribe, 
shall adjust the status of an alien granted condi-
tional lawful status under subsection (c) to that of 
an alien lawfully admitted for permanent residence 
if such alien— 
‘‘(A) is a stateless person; 
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‘‘(B) properly applies for such adjustment 
of status; 
‘‘(C) has been physically present in the 
United States for at least 1 year after being 
granted conditional lawful status under sub-
section (c); 
‘‘(D) has not acquired permanent foreign 
residence that is substantially likely to result in 
the acquisition of citizenship; and 
‘‘(E) is admissible (except as otherwise 
provided under subsection (c)(2)) as an immi-
grant under this chapter at the time of exam-
ination of such alien for adjustment of status. 
‘‘(3) RECORD.—Upon approval of an applica-
tion under this subsection, the Secretary of Home-
land Security or the Attorney General shall establish 
a record of the alien’s admission for lawful perma-
nent residence as of the date that is 1 year before 
the date of such approval. 
‘‘(e) TRAVEL DOCUMENTS.—Upon request, the Sec-
retary of Homeland Security shall provide an alien law-
fully admitted for permanent residence under subsection 
(d) with a document that facilitates the alien’s ability to 
travel abroad and be admitted to the United States upon 
return, if otherwise admissible. 
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‘‘(f) PROVING THE CLAIM.— 
‘‘(1) IN GENERAL.—In determining an alien’s 
eligibility for lawful conditional resident status or 
lawful permanent resident status under this section, 
the Secretary of Homeland Security or the Attorney 
General shall consider any credible evidence relevant 
to the application, including information from the 
Secretary of State, especially the Bureau of Popu-
lation, Refugees, and Migration and the Bureau of 
Democracy, Human Rights, and Labor. 
‘‘(2) BURDEN OF PROOF.—In determining an 
alien’s eligibility for lawful conditional resident sta-
tus or lawful permanent resident status under this 
section— 
‘‘(A) the applicant shall provide a full and 
truthful account of his or her legal status in 
any country in which the applicant was born or 
resided before entering the United States and 
submit all evidence reasonably available; and 
‘‘(B) the Secretary of Homeland Security 
shall obtain and submit to the immigration offi-
cer or immigration judge and the applicant or, 
as applicable, the applicant’s counsel, all avail-
able evidence regarding the applicant’s legal 
status in the country of birth or prior residence. 
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‘‘(g) REVIEW.— 
‘‘(1) ADMINISTRATIVE
REVIEW.—No appeal 
shall lie from the denial of an application by the 
Secretary of Homeland Security, but such denial will 
be without prejudice to the alien’s right to renew the 
application in proceedings under section 240. 
‘‘(2) MOTIONS TO REOPEN.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
limitation imposed by law on motions to reopen 
removal, deportation, or exclusion proceedings, 
any individual who is eligible for relief under 
this section may file a motion to reopen pro-
ceedings in order to apply for relief under this 
section. 
‘‘(B) DEADLINES.—Any motion under sub-
paragraph (A) shall be filed not later than the 
later of— 
‘‘(i) 2 years after the date of the en-
actment of the Refugee Protection Act of 
2019; or 
‘‘(ii) 90 days after the date of entry 
of a final administrative order of removal, 
deportation, or exclusion. 
‘‘(C) EFFECT OF OTHER LIMITATIONS.— 
No time or numerical limitation may be con-
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strued to restrict the filing of a motion to re-
open under this section if such limitation is 
based on previously unavailable or changed 
facts or circumstances that would undermine an 
applicant’s access to nationality that was pre-
viously alleged by the Secretary of Homeland 
Security or the applicant. 
‘‘(h) LIMITATIONS.— 
‘‘(1) APPLICABILITY.—Except under paragraph 
(5) of subsection (c), the provisions of this section 
shall only apply to aliens present in the United 
States. 
‘‘(2) SAVINGS PROVISION.—Nothing in this sec-
tion may be construed to authorize or require— 
‘‘(A) except under paragraphs (5) and (6) 
of subsection (c), the admission of any alien to 
the United States; or 
‘‘(B) the parole of any alien into the 
United States.’’. 
(b) CONFORMING AMENDMENT.—Section 203(b)(4) 
of the Immigration and Nationality Act (8 U.S.C. 
1153(b)(4)) is amended by inserting ‘‘to aliens granted 
adjustment of status under section 210A(c) or’’ after 
‘‘level,’’. 
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(c) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
inserting after the item relating to section 210 the fol-
lowing: 
‘‘Sec. 210A. Protection of stateless persons in the United States.’’. 
SEC. 123. PROTECTING VICTIMS OF TERRORISM FROM 
BEING DEFINED AS TERRORISTS. 
(a) SECURITY
AND RELATED GROUNDS.—Section 
212(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)) is amended to read as follows: 
‘‘(B) TERRORIST ACTIVITIES.— 
‘‘(i) IN GENERAL.—Any alien who— 
‘‘(I) has engaged in a terrorist 
activity; 
‘‘(II) a consular officer, the At-
torney General, or the Secretary of 
Homeland Security knows, or has rea-
sonable grounds to believe, is engaged 
in or is likely to engage after entry in 
any terrorist activity (as defined in 
clause (iv)); 
‘‘(III) has, under circumstances 
indicating an intention to cause death 
or serious bodily harm, incited ter-
rorist activity; 
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‘‘(IV) is a representative (as de-
fined in clause (v)) of— 
‘‘(aa) a terrorist organiza-
tion described in subclause (I) or 
(II) of clause (vi); 
‘‘(bb) a terrorist organiza-
tion described in subclause (III) 
of such clause, and there are rea-
sonable grounds for regarding 
the alien as a danger to the secu-
rity of the United States; or 
‘‘(cc) a political, social, or 
other group that endorses or es-
pouses terrorist activity; 
‘‘(V) is a member of a terrorist 
organization described in subclause (I) 
or (II) of clause (vi); 
‘‘(VI) is a member of a terrorist 
organization 
described 
in 
clause 
(vi)(III), unless the alien can dem-
onstrate by clear and convincing evi-
dence that the alien did not know, and 
should not reasonably have known, 
that the organization was a terrorist 
organization, and there are reasonable 
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the alien to be found inadmissible oc-
curred within the last 5 years, 
is inadmissible. An alien who is an officer, 
official, representative, or spokesman of 
the Palestine Liberation Organization is 
considered, for purposes of this Act, to be 
engaged in a terrorist activity. 
‘‘(ii) EXCEPTION.—Subclause (IX) of 
clause (i) does not apply to a spouse or 
child— 
‘‘(I) who did not know or should 
not reasonably have known of the ac-
tivity causing the alien to be found in-
admissible under this section; or 
‘‘(II) who the consular officer or 
Attorney 
General 
has 
reasonable 
grounds to believe has renounced the 
activity causing the alien to be found 
inadmissible under this section. 
‘‘(iii) 
TERRORIST
ACTIVITY
DE-
FINED.—In this Act, the term ‘terrorist 
activity’ means any activity that is unlaw-
ful under the laws of the place in which it 
is committed (or which, if it had been com-
mitted in the United States, would be un-
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lawful under the laws of the United States 
or any State) and that involves any of the 
following: 
‘‘(I) The highjacking or sabotage 
of any conveyance (including an air-
craft, vessel, or vehicle). 
‘‘(II) The seizing or detaining, 
and threatening to kill, injure, or con-
tinue to detain, another individual in 
order to compel a third person (in-
cluding a governmental organization) 
to carry out or abstain from carrying 
out any act as an explicit or implicit 
condition for the release of the indi-
vidual seized or detained. 
‘‘(III) A violent attack upon an 
internationally protected person (as 
defined in section 1116(b)(4) of title 
18, United States Code) or upon the 
liberty of such person. 
‘‘(IV) An assassination. 
‘‘(V) The use, with the intent to 
endanger the safety of 1 or more indi-
viduals or to cause substantial dam-
age to property, of any— 
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‘‘(aa) biological agent, chem-
ical agent, or nuclear weapon or 
device; or 
‘‘(bb) explosive, firearm, or 
other weapon or dangerous device 
(other than for mere personal 
monetary gain), with intent to 
endanger, directly or indirectly, 
the safety of one or more individ-
uals or to cause substantial dam-
age to property. 
‘‘(VI) A threat, attempt, or con-
spiracy to do any of the foregoing. 
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY 
DEFINED.—In this Act, the term ‘engage 
in terrorist activity’ means, in an indi-
vidual capacity or as a member of an orga-
nization— 
‘‘(I) to commit or to incite to 
commit, under circumstances indi-
cating an intention to cause death or 
serious bodily injury, a terrorist activ-
ity; 
‘‘(II) to prepare or plan a ter-
rorist activity; 
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‘‘(III) to gather information on 
potential targets for terrorist activity; 
‘‘(IV) to solicit funds or other 
things of value for— 
‘‘(aa) a terrorist activity; 
‘‘(bb) a terrorist organiza-
tion described in subclause (I) or 
(II) of clause (vi)(II); or 
‘‘(cc) a terrorist organiza-
tion described in subclause (III) 
of such clause (unless the solic-
itor demonstrates by clear and 
convincing evidence that he did 
not know, and should not reason-
ably have known, that the organi-
zation was a terrorist organiza-
tion) if there are reasonable 
grounds for regarding the solic-
itor as a danger to the security of 
the United States; 
‘‘(V) to solicit any individual— 
‘‘(aa) to engage in conduct 
otherwise described in this sub-
section; 
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‘‘(bb) for membership in a 
terrorist organization described 
in subclause (I) or (II) of clause 
(vi); or 
‘‘(cc) for membership in a 
terrorist organization described 
in subclause (III) of such clause 
(unless the solicitor demonstrates 
by clear and convincing evidence 
that he did not know, and should 
not reasonably have known, that 
the organization was a terrorist 
organization) if there are reason-
able grounds for regarding the 
solicitor as a danger to the secu-
rity of the United States; or 
‘‘(VI) to commit an act that the 
actor knows, or reasonably should 
know, affords material support, in-
cluding a safe house, transportation, 
communications, funds, transfer of 
funds or other material financial ben-
efit, false documentation or identifica-
tion, weapons (including chemical, bi-
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ological, or radiological weapons), ex-
plosives, or training— 
‘‘(aa) for the commission of 
a terrorist activity; 
‘‘(bb) to any individual who 
the actor knows, or reasonably 
should know, has committed or 
plans to commit a terrorist activ-
ity; 
‘‘(cc) to a terrorist organiza-
tion described in subclause (I) or 
(II) of clause (vi) or to any mem-
ber of such an organization; or 
‘‘(dd) to a terrorist organi-
zation described in subclause 
(III) of such clause, or to any 
member of such an organization, 
unless the actor can demonstrate 
by clear and convincing evidence 
that the actor did not know, and 
should 
not 
reasonably 
have 
known, that the organization was 
a terrorist organization, if there 
are reasonable grounds for re-
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garding the actor as a danger to 
the security of the United States. 
‘‘(v) REPRESENTATIVE DEFINED.—In 
this paragraph, the term ‘representative’ 
includes an officer, official, or spokesman 
of an organization, and any person who di-
rects, counsels, commands, or induces an 
organization or its members to engage in 
terrorist activity. 
‘‘(vi) TERRORIST ORGANIZATION DE-
FINED.—In this section, the term ‘terrorist 
organization’ means an organization— 
‘‘(I) designated under section 
219; 
‘‘(II) otherwise designated, upon 
publication in the Federal Register, by 
the Secretary of State in consultation 
with or upon the request of the Attor-
ney General or the Secretary of 
Homeland Security, as a terrorist or-
ganization, after finding that the or-
ganization engages in the activities 
described in subclauses (I) through 
(VI) of clause (iv); or 
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‘‘(III) that is a group of two or 
more individuals, whether organized 
or not, that engages in, or has a sub-
group that engages in, the activities 
described in subclauses (I) through 
(VI) of clause (iv).’’. 
(b) CHILD SOLDIERS.— 
(1) INADMISSIBILITY.—Section 212(a)(3)(G) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(G)) is amended— 
(A) by striking ‘‘Any alien’’ and inserting 
the following: 
‘‘(i) IN GENERAL.—Any alien’’; and 
(B) by adding at the end the following: 
‘‘(ii) APPLICABILITY.—Clause (i) shall 
not apply to an alien who establishes that 
the actions giving rise to inadmissibility 
under such clause were committed under 
duress or carried out while the alien was 
younger than 18 years of age.’’. 
(2) DEPORTABILITY.—Section 237(a)(4)(F) of 
such Act (8 U.S.C. 1227(a)(4)(F)) is amended— 
(A) by striking ‘‘Any alien’’ and inserting 
the following: 
‘‘(i) IN GENERAL.—Any alien’’; and 
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(B) by adding at the end the following: 
‘‘(ii) APPLICABILITY.—Clause (i) shall 
not apply to an alien who establishes that 
the actions giving rise to deportability 
under such clause were committed under 
duress or carried out while the alien was 
younger than 18 years of age.’’. 
(c) TEMPORARY ADMISSION OF NONIMMIGRANTS.— 
Section 212(d)(3)(B)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read 
as follows: 
‘‘(B)(i) The Secretary of State, after consulta-
tion with the Attorney General and the Secretary of 
Homeland Security, or the Secretary of Homeland 
Security, after consultation with the Secretary of 
State and the Attorney General, may conclude, in 
such Secretary’s sole, unreviewable discretion, that 
subsection (a)(3)(B) shall not apply to an alien or 
that subsection (a)(3)(B)(iii)(V)(cc) shall not apply 
to a group. The Secretary of State may not exercise 
discretion under this clause with respect to an alien 
after removal proceedings against the alien have 
commenced under section 240.’’. 
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SEC. 124. PROTECTION FOR ALIENS INTERDICTED AT SEA. 
(a) IN GENERAL.—Section 241(b)(3) of the Immi-
gration and Nationality Act (8 U.S.C. 1231(b)(3)), as 
amended by section 106, is amended— 
(1) in the paragraph heading, by striking ‘‘TO 
A
COUNTRY
WHERE
ALIEN’S
LIFE
OR
FREEDOM 
WOULD BE THREATENED’’ and inserting ‘‘OR RE-
TURN IF REFUGEE’S LIFE OR FREEDOM WOULD BE 
THREATENED OR ALIEN WOULD BE SUBJECTED TO 
TORTURE’’; 
(2) in subparagraph (A)— 
(A) by striking ‘‘Notwithstanding’’ and in-
serting the following: 
‘‘(i) LIFE
OR
FREEDOM
THREAT-
ENED.—Notwithstanding’’; and 
(B) by adding at the end the following: 
‘‘(ii) ASYLUM
INTERVIEW.—Notwith-
standing paragraphs (1) and (2), a United 
States officer may not return any alien 
interdicted or otherwise encountered in 
international waters or United States 
waters who has expressed a fear of return 
to his or her country of departure, origin, 
or last habitual residence— 
‘‘(I) until such alien has been 
granted a confidential interview by an 
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asylum officer, in a language the alien 
claims to understand, to determine 
whether that alien has a well-founded 
fear of persecution because of the 
alien’s 
race, 
religion, 
nationality, 
membership in a particular social 
group, or political opinion, or because 
the alien would be subject to torture 
in that country; or 
‘‘(II) if an asylum officer has de-
termined that the alien has such a 
well-founded fear of persecution or 
would be subject to torture in his or 
her country of departure, origin, or 
last habitual residence.’’; 
(3) by redesignating subparagraphs (B), (C), 
and (D) as subparagraphs (C), (D), and (E), respec-
tively; and 
(4) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) PROTECTIONS
FOR
ALIENS
INTER-
DICTED IN INTERNATIONAL OR UNITED STATES 
WATERS.—The Secretary of Homeland Security 
shall issue regulations establishing a uniform 
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procedure applicable to all aliens interdicted in 
international or United States waters that— 
‘‘(i) provides each alien— 
‘‘(I) a meaningful opportunity to 
express, through a translator who is 
fluent in a language the alien claims 
to understand, a fear of return to his 
or her country of departure, origin, or 
last habitual residence; and 
‘‘(II) in a confidential interview 
and in a language the alien claims to 
understand, information concerning 
the alien’s interdiction, including the 
ability of the alien to inform United 
States officers about any fears relat-
ing to the alien’s return or repatri-
ation; 
‘‘(ii) provides each alien expressing 
such a fear of return or repatriation a con-
fidential interview conducted by an asylum 
officer, in a language the alien claims to 
understand, to determine whether the 
alien’s return to his or her country of de-
parture, origin, or last habitual residence 
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is prohibited because the alien has a well- 
founded fear of persecution— 
‘‘(I) because of the alien’s race, 
religion, nationality, membership in a 
particular social group, or political 
opinion; or 
‘‘(II) because the alien would be 
subject to torture in that country; 
‘‘(iii) ensures that each alien can ef-
fectively communicate with United States 
officers through the use of a translator flu-
ent in a language the alien claims to un-
derstand; and 
‘‘(iv) provides each alien who, accord-
ing to the determination of an asylum offi-
cer, has a well-founded fear of persecution 
for the reasons specified in clause (ii), or 
who would be subject to torture, an oppor-
tunity to seek protection in— 
‘‘(I) a country other than the 
alien’s country of departure, origin, or 
last habitual residence in which the 
alien has family or other ties that will 
facilitate resettlement; or 
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‘‘(II) if the alien has no such 
ties, a country that will best facilitate 
the alien’s resettlement, which may in-
clude the United States.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 240A(c)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(c)(5)) is amended 
by striking ‘‘section 241(b)(3)(B)(i)’’ and inserting 
‘‘section 241(b)(3)(C)(i)’’. 
(2) Section 242(b)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1252(b)(4)) is amended, 
in the undesignated matter following subparagraph 
(D), by striking ‘‘241(b)(3)(C)’’ and inserting 
‘‘241(b)(3)(D)’’. 
SEC. 125. ENHANCED PROTECTION FOR INDIVIDUALS 
SEEKING U VISAS, T VISAS, AND PROTECTION 
UNDER VAWA. 
(a) EMPLOYMENT AUTHORIZATION FOR T VISA AP-
PLICANTS.—Section 214(o) (8 U.S.C. 1184(o)) is amend-
ed by adding at the end the following: 
‘‘(8) Notwithstanding any provision of this Act grant-
ing eligibility for employment in the United States, the 
Secretary of Homeland Security shall grant employment 
authorization to an alien who has filed a petition for non-
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immigrant status under section 101(a)(15)(T) on the date 
that is the earlier of— 
‘‘(A) the date on which the alien’s petition for 
such status is approved; or 
‘‘(B) a date determined by the Secretary that 
is not later than 180 days after the date on which 
such alien filed such petition.’’. 
(b) INCREASED ACCESSIBILITY AND EMPLOYMENT 
AUTHORIZATION
FOR
U VISA
APPLICANTS.—Section 
214(p) of the Immigration and Nationality Act (8 U.S.C. 
1184(p)) is amended— 
(1) in paragraph (2)(A), by striking ‘‘10,000’’ 
and inserting ‘‘20,000’’; and 
(2) in paragraph (6), by striking the last sen-
tence; and 
(3) by adding at the end the following: 
‘‘(8) EMPLOYMENT AUTHORIZATION.—Notwith-
standing any provision of this Act granting eligibility 
for employment in the United States, the Secretary 
of Homeland Security shall grant employment au-
thorization to an alien who has filed an application 
for 
nonimmigrant 
status 
under 
section 
101(a)(15)(U) on the date that is the earlier of— 
‘‘(A) the date on which the alien’s applica-
tion for such status is approved; or 
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‘‘(B) a date determined by the Secretary 
that is not later than 180 days after the date 
on which such alien filed such application.’’. 
(c) PROHIBITION ON REMOVAL OF CERTAIN VICTIMS 
WITH PENDING PETITIONS AND APPLICATIONS.— 
(1) IN GENERAL.—Section 240 of the Immigra-
tion and Nationality Act (8 U.S.C. 1229a) is amend-
ed— 
(A) by redesignating subsection (e) as sub-
section (f); and 
(B) by inserting after subsection (d) the 
following: 
‘‘(e) PROHIBITION ON REMOVAL OF CERTAIN VIC-
TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 
‘‘(1) IN GENERAL.—An alien described in para-
graph (2) shall not be removed from the United 
States under this section or any other provision of 
law until there is a final denial of the alien’s applica-
tion for status after the exhaustion of administrative 
and judicial review. 
‘‘(2) ALIENS DESCRIBED.—An alien described 
in this paragraph is an alien who— 
‘‘(A) has a pending application or petition 
under— 
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‘‘(i) subparagraph (T) or (U) of sec-
tion 101(a)(15); 
‘‘(ii) section 106; 
‘‘(iii) section 240A(b)(2); or 
‘‘(iv) section 244(a)(3) (as in effect on 
March 31, 1997); or 
‘‘(B) is a VAWA self-petitioner, as defined 
in section 101(a)(51), and has a pending appli-
cation for relief under a provision referred to in 
any of subparagraphs (A) through (G) of such 
section.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
240(b)(7) of the Immigration and Nationality Act (8 
U.S.C. 1229a(b)(7)) is amended by striking ‘‘sub-
section (e)(1)’’ and inserting ‘‘subsection (f)’’. 
(d) PROHIBITION ON DETENTION OF CERTAIN VIC-
TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 
Section 236 of the Immigration and Nationality Act (8 
U.S.C. 1226) is amended by adding at the end the fol-
lowing: 
‘‘(f) PROHIBITION ON DETENTION OF CERTAIN VIC-
TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 
‘‘(1) PRESUMPTION OF RELEASE.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of this Act, there shall be a pre-
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sumption that an alien described in paragraph 
(2) should be released from detention. 
‘‘(B) 
REBUTTAL.—The 
Secretary 
of 
Homeland Security may rebut the presumption 
of release based on clear and convincing evi-
dence, including credible and individualized in-
formation, that— 
‘‘(i) the use of alternatives to deten-
tion will not reasonably ensure the appear-
ance of the alien at removal proceedings; 
or 
‘‘(ii) the alien is a threat to another 
person or the community. 
‘‘(C) PENDING
CRIMINAL
CHARGE.—A 
pending criminal charge against an alien may 
not be the sole factor to justify the continued 
detention of the alien. 
‘‘(2) ALIEN DESCRIBED.—An alien described in 
this paragraph is an alien who— 
‘‘(A) has a pending application under— 
‘‘(i) subparagraph (T) or (U) of sec-
tion 101(a)(15); 
‘‘(ii) section 106; 
‘‘(iii) section 240A(b)(2); or 
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‘‘(iv) section 244(a)(3) (as in effect on 
March 31, 1997); or 
‘‘(B) is a VAWA self-petitioner, as defined 
in section 101(a)(51), and has a pending peti-
tion for relief under a provision referred to in 
any of subparagraphs (A) through (G) of such 
section.’’. 
Subtitle D—Protections Relating to 
Removal, Detention, and Pros-
ecution 
SEC. 131. PREVENTION OF ERRONEOUS IN ABSENTIA OR-
DERS OF REMOVAL. 
(a) WRITTEN RECORD OF ADDRESS.—Section 239(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1229(a)) is amended— 
(1) in paragraph (1)(F), by inserting ‘‘the Sec-
retary of Homeland Security or’’ before ‘‘the Attor-
ney General’’ each place such term appears; and 
(2) in paragraph (2)(A) by striking ‘‘the alien 
or to the alien’s counsel of record’’ and inserting 
‘‘the alien and to the alien’s counsel of record.’’. 
(b) REMOVAL IN ABSENTIA AND RESCISSION OF RE-
MOVAL ORDERS.—Section 240(b) of the Immigration and 
Nationality Act (8 U.S.C. 1229a(b)) is amended— 
(1) in paragraph (5)— 
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(A) by amending subparagraph (A) to read 
as follows— 
‘‘(A) REMOVAL IN ABSENTIA.— 
‘‘(i) IN
GENERAL.—Any alien who, 
after a proceeding under this section is re-
scheduled by an immigration judge due to 
the alien’s failure to attend such pro-
ceeding, and written notice required under 
paragraph (1) or (2) of section 239(a) has 
been provided to the alien and the alien’s 
counsel of record, does not attend a pro-
ceeding under this section, may be ordered 
removed in absentia if the Department of 
Homeland Security establishes by clear, 
unequivocal, 
and 
convincing 
evidence 
that— 
‘‘(I) sufficient written notice was 
so provided; 
‘‘(II) the alien is removable; and 
‘‘(III) in the case of an alien re-
quired to periodically report to the 
Department of Homeland Security, 
the alien has demonstrated a pattern 
of failing to report. 
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‘‘(ii) SUFFICIENT NOTICE.—The writ-
ten notice by the Secretary of Homeland 
Security or the Attorney General shall be 
considered sufficient for purposes of this 
subparagraph if— 
‘‘(I) the notice includes— 
‘‘(aa) the accurate date, 
time, and court location at which 
the alien is required to appear; 
and 
‘‘(bb) the date on which the 
notice was issued; 
‘‘(II) the notice is provided at the 
most recent complete physical address 
provided under section 239(a); and 
‘‘(III) the certificate of service 
for the notice indicates that oral no-
tice and a recitation of the con-
sequences of failure to appear were 
provided— 
‘‘(aa) in the native language 
of the alien; or 
‘‘(bb) in a language the 
alien understands.’’; and 
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(B) by amending paragraph (C) to read as 
follows: 
‘‘(C) RESCISSION OF ORDER.— 
‘‘(i) IN
GENERAL.—Such an order 
may be rescinded only— 
‘‘(I) upon a motion to reopen 
filed at any time after the date of the 
order of removal if the alien dem-
onstrates that the failure to appear 
was 
because 
of 
exceptional 
cir-
cumstances; 
‘‘(II) upon a motion to reopen 
filed at any time if the alien dem-
onstrates that the alien did not receive 
notice in accordance with paragraph 
(1) or (2) of section 239(a) or the 
alien demonstrates that the alien was 
in Federal or State custody and the 
failure to appear was through no fault 
of the alien; 
‘‘(III) in the case of an alien who 
is a minor child, upon a motion to re-
open filed at any time; or 
‘‘(IV) upon a motion to reopen 
filed at any time if the alien has a 
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pending application for asylum, with-
holding of removal, or protection 
under the Convention against Torture 
and Other Cruel, Inhuman or Degrad-
ing Treatment or Punishment, done 
at New York December 10, 1984, or 
demonstrates that he or she has a 
credible claim to any such protection. 
‘‘(ii) STAY OF REMOVAL.—The filing 
of the motion to reopen described in clause 
(i) shall stay the removal of the alien pend-
ing disposition of the motion by the immi-
gration judge.’’; and 
(2) by adding at the end the following: 
‘‘(8) CHECK-IN HISTORY.—Before an immigra-
tion judge conducts a proceeding under this section, 
the Secretary of Homeland Security shall report to 
the immigration judge the extent to which the alien 
has complied with any requirement to report periodi-
cally the whereabouts of the alien to the Secretary 
of Homeland Security.’’. 
SEC. 132. SCOPE AND STANDARD FOR REVIEW OF RE-
MOVAL ORDERS. 
Section 242(b) of the Immigration and Nationality 
Act (8 U.S.C. 1252(b)) is amended— 
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(1) in paragraph (1)— 
(A) by striking ‘‘The petition’’ and insert-
ing the following: 
‘‘(A) IN GENERAL.—The petition’’; and 
(B) by adding at the end the following: 
‘‘(B) PROHIBITION
ON
REMOVAL.—An 
alien shall not be removed during such 30-day 
period unless the alien indicates in writing that 
he or she wishes to be removed before the expi-
ration of such period.’’. 
(2) by striking paragraph (4) and inserting the 
following: 
‘‘(4) SCOPE AND STANDARD FOR REVIEW.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (5)(B), the court of appeals shall 
sustain a final decision ordering removal unless 
it is contrary to law, an abuse of discretion, or 
not supported by substantial evidence. 
‘‘(B) DECISION
BASED
ON
ADMINISTRA-
TIVE RECORD.—The court of appeals shall de-
cide the petition based solely on the administra-
tive record on which the order of removal is 
based. 
‘‘(C) AVAILABILITY OF REVIEW.— 
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