of that agreement or judicial determination based on 
that agreement— 
‘‘(A) shall be subject to the restrictions 
and obligations in subsection (j) or imposed by 
the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (Public 
Law 110–457); and 
‘‘(B) shall not be subject to the restrictions 
and the obligations imposed by such settlement 
agreement or judicial determination. 
‘‘(2) OTHER
SETTLEMENT
AGREEMENTS
OR 
CONSENT DECREES.—In any civil action with respect 
to the conditions of detention of alien children, the 
court shall not enter or approve a settlement agree-
ment or consent decree unless it complies with the 
limitations set forth in subsection (j).’’. 
SEC. 302. STOPPING ASYLUM FRAUD. 
(a) STANDARDS TO DETER FRAUD AND ADVANCE 
MERITORIOUS ASYLUM CLAIMS.—Section 235(b)(1)(B) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1225(b)(1)(B)) is amended— 
(1) by amending clause (v) to read as follows: 
‘‘(v) CREDIBLE
FEAR
OF
PERSECU-
TION.— 
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‘‘(I) IN GENERAL.—For purposes 
of this subparagraph, the term ‘cred-
ible fear of persecution’ means that it 
is more likely than not that the alien 
would be able to establish eligibility 
for asylum under section 208— 
‘‘(aa) taking into account 
such facts as are known to the 
officer; and 
‘‘(bb) only if the officer has 
determined, 
under 
subsection 
(b)(1)(B)(iii) of such section, 
that it is more likely than not 
that the statements made by the 
alien or on behalf of the alien are 
true. 
‘‘(II) BARS
TO
ASYLUM.—An 
alien shall not be determined to have 
a credible fear of persecution if the 
alien is prohibited from applying for 
or receiving asylum, including an alien 
subject to a limitation or condition 
under subsection (a)(2) or (b)(2) (in-
cluding 
a 
regulation 
promulgated 
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under such subsection) of section 
208.’’; and 
(2) by adding at the end the following: 
‘‘(vi) ELIGIBILITY FOR RELIEF.— 
‘‘(I) CREDIBLE FEAR REVIEW BY 
IMMIGRATION
JUDGE.—An alien de-
termined to have a credible fear of 
persecution shall be referred to an im-
migration judge for review of such de-
termination, which shall be limited to 
a determination whether the alien— 
‘‘(aa) is eligible for asylum 
under section 208, withholding of 
removal under section 241(b)(3), 
or protection under the Conven-
tion Against Torture and Other 
Cruel, Inhuman or Degrading 
Treatment or Punishment, done 
at New York, December 10, 1984 
(referred to in this clause as the 
‘Convention Against Torture)’; 
and 
‘‘(bb) merits a grant of asy-
lum in the exercise of discretion. 
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‘‘(II) ALIENS WITH REASONABLE 
FEAR OF PERSECUTION.— 
‘‘(aa) IN GENERAL.—Except 
as provided in item (bb), if an 
alien referred under subpara-
graph (A)(ii) is determined to 
have a reasonable fear of perse-
cution or torture, the alien shall 
be eligible only for consideration 
of an application for withholding 
of 
removal 
under 
section 
241(b)(3) or protection under the 
Convention Against Torture. 
‘‘(bb) 
EXCEPTION.—An 
alien shall not be eligible for con-
sideration of an application for 
relief under item (aa) if the fail-
ure of the alien to establish a 
credible fear of persecution pre-
cludes the alien from eligibility 
for such relief. 
‘‘(cc) 
LIMITATION.—An 
alien whose application for relief 
is adjudicated under item (aa) 
shall not be eligible for any other 
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form of relief or protection from 
removal. 
‘‘(vii) INELIGIBILITY
FOR
REMOVAL 
PROCEEDINGS.—An alien referred under 
subparagraph (A)(ii) shall not be eligible 
for a hearing under section 240.’’. 
(b) AUTHORITY FOR CERTAIN ALIENS TO APPLY 
FOR ASYLUM.—Section 208(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1158(a)(2)) is amended by add-
ing at the end the following: 
‘‘(F) INELIGIBILITY FOR ASYLUM.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of law, including para-
graph (1), except as provided in clause (ii), 
an alien is ineligible for asylum if the 
alien— 
‘‘(I) has been convicted of a fel-
ony; 
‘‘(II) is inadmissible under sec-
tion 212(a) (except paragraphs (4), 
(5), and (7)); 
‘‘(III) has been previously re-
moved from the United States; or 
‘‘(IV) is a national or habitual 
resident of— 
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‘‘(aa) a country in Central 
America that has a refugee appli-
cation and processing center; or 
‘‘(bb) a country contiguous 
to such a country (other than 
Mexico). 
‘‘(ii) 
EXCEPTION.—Notwithstanding 
clause (i), paragraph (1) shall not apply to 
any alien who is present in the United 
States on the date of the enactment of this 
subparagraph.’’. 
SEC. 303. HIRING AUTHORITY. 
(a) IMMIGRATION JUDGES.—The Attorney General 
shall increase— 
(1) the number of immigration judges by not 
fewer than an additional 500 judges, as compared to 
the number of immigration judges as of the date of 
the enactment of this Act; and 
(2) the corresponding number of support staff, 
as necessary. 
(b) IMMIGRATION AND CUSTOMS ENFORCEMENT AT-
TORNEYS.—The Director of U.S. Immigration and Cus-
toms Enforcement shall increase the number of attorneys 
and staff employed by U.S. Immigration and Customs En-
forcement by the number that is consistent with the work-
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