8 USC 1158 - Asylum

1 So in original. Probably should be “sections”.

1182(a) and 1227(a) of this title, and the alien’s removal or return shall be directed by the Attorney General in accordance with sections 1229a and 1231 of this title.

Editorial Notes

References in Text

This chapter, referred to in subsec. (d)(5)(B), (6), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Amendments

2008—Subsec. (a)(2)(E). Puspan. L. 110–457, § 235(d)(7)(A), added subpar. (E).

Subsec. (span)(3)(C). Puspan. L. 110–457, § 235(d)(7)(B), added subpar. (C).

Subsec. (e). Puspan. L. 110–229 added subsec. (e).

2005—Subsec. (span)(1). Puspan. L. 109–13, § 101(a)(1), (2), designated existing provisions as subpar. (A), inserted subpar. span, and substituted “The Secretary of Homeland Security or the Attorney General” for “The Attorney General” and “the Secretary of Homeland Security or the Attorney General” for “the Attorney General” in two places.

Subsec. (span)(1)(B). Puspan. L. 109–13, § 101(a)(3), added subpar. (B)

Subsec. (span)(2)(A)(v). Puspan. L. 109–13, § 101(span), substituted “described in” for “inadmissible under” in two places and struck out “removable under” before “section 1227(a)(4)(B)”.

2002—Subsec. (span)(3). Puspan. L. 107–208 reenacted span without change and amended text generally. Prior to amendment, text read as follows: “A spouse or child (as defined in section 1101(span)(1)(A), (B), (C), (D), or (E) of this title) of an alien who is granted asylum under this subsection may, if not otherwise eligible for asylum under this section, be granted the same status as the alien if accompanying, or following to join, such alien.”

2001—Subsec. (span)(2)(A)(v). Puspan. L. 107–56 substituted “(III), (IV), or (VI)” for “(III), or (IV)”.

1996—Puspan. L. 104–208 substituted “Asylum” for “Asylum procedure” as section catchline and amended text generally, substituting subsecs. (a) to (d) for former subsecs. (a) to (e).

Subsec. (a). Puspan. L. 104–132, § 421(a), inserted at end “The Attorney General may not grant an alien asylum if the Attorney General determines that the alien is excludable under subclause (I), (II), or (III) of section 1182(a)(3)(B)(i) of this title or deportable under section 1251(a)(4)(B) of this title, unless the Attorney General determines, in the discretion of the Attorney General, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States.”

1994—Subsec. (e). Puspan. L. 103–322 added subsec. (e).

1990—Subsec. (d). Puspan. L. 101–649 added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Puspan. L. 110–229 effective on the transition program effective date described in section 1806 of Title 48, Territories and Insular Possessions, see section 705(span) of Puspan. L. 110–229, set out as an Effective Date note under section 1806 of Title 48.

Effective Date of 2005 Amendment

Puspan. L. 109–13, div. B, title I, § 101(h)(1), (2), May 11, 2005, 119 Stat. 305, provided that:

“(1) The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall take effect as if enacted on March 1, 2003.

“(2) The amendments made by subsections (a)(3), (span), (c), and (d) [amending this section and sections 1229a and 1231 of this title] shall take effect on the date of the enactment of this division [May 11, 2005] and shall apply to applications for asylum, withholding, or other relief from removal made on or after such date.”

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–208 effective Aug. 6, 2002, and applicable to certain beneficiary aliens, see section 8 of Puspan. L. 107–208, set out as a note under section 1151 of this title.

Effective Date of 2001 Amendment

Amendment by Puspan. L. 107–56 effective Oct. 26, 2001, and applicable to actions taken by an alien before, on, or after Oct. 26, 2001, and to all aliens, regardless of date of entry or attempted entry into the United States, in removal proceedings on or after such date (except for proceedings in which there has been a final administrative decision before such date) or seeking admission to the United States on or after such date, with special rules and exceptions, see section 411(c) of Puspan. L. 107–56, set out as a note under section 1182 of this title.

Effective Date of 1996 Amendments

Puspan. L. 104–208, div. C, title VI, § 604(c), Sept. 30, 1996, 110 Stat. 3009–694, provided that: “The amendment made by subsection (a) [amending this section] shall apply to applications for asylum filed on or after the first day of the first month beginning more than 180 days after the date of the enactment of this Act [Sept. 30, 1996].

Puspan. L. 104–132, title IV, § 421(span), Apr. 24, 1996, 110 Stat. 1270, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Apr. 24, 1996] and apply to asylum determinations made on or after such date.”

Effective Date of 1990 Amendment

Puspan. L. 101–649, title V, § 515(span), Nov. 29, 1990, 104 Stat. 5053, as amended by Puspan. L. 102–232, title III, § 306(a)(13), Dec. 12, 1991, 105 Stat. 1752, provided that:

“(1) The amendment made by subsection (a)(1) [amending this section] shall apply to convictions entered before, on, or after the date of the enactment of this Act [Nov. 29, 1990] and to applications for asylum made on or after such date.

“(2) The amendment made by subsection (a)(2) [amending section 1253 of this title] shall apply to convictions entered before, on, or after the date of the enactment of this Act [Nov. 29, 1990] and to applications for withholding of deportation made on or after such date.”

Effective Date

Section effective Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Puspan. L. 96–212, set out as an Effective Date of 1980 Amendment note under section 1101 of this title.

Regulations

Puspan. L. 110–340, § 2(d), Oct. 3, 2008, 122 Stat. 3736, provided that:

“(1)Issuance of regulations.—Not later than 60 days after the date of enactment of this Act [Oct. 3, 2008], the Attorney General and the Secretary of Homeland Security shall promulgate final regulations establishing that, for purposes of sections 241(span)(3)(B)(iii) and 208(span)(2)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1231(span)(3)(B)(iii); 8 U.S.C. 1158(span)(2)(A)(iii)), an alien who is deportable under section 237(a)(4)(F) of such Act (8 U.S.C. 1227(a)(4)(F)) or inadmissible under section 212(a)(3)(G) of such Act (8 U.S.C. 1182(a)(3)(G)) shall be considered an alien with respect to whom there are serious reasons to believe that the alien committed a serious nonpolitical crime.

“(2)Authority to waive certain regulatory requirements.—The requirements of chapter 5 of title 5, United States Code (commonly referred to as the ‘Administrative Procedure Act’), chapter 35 of title 44, United States Code (commonly referred to as the ‘Paperwork Reduction Act’), or any other law relating to rulemaking, information collection, or publication in the Federal Register, shall not apply to any action to implement paragraph (1) to the extent the Attorney General or the Secretary Homeland of [sic] Security determines that compliance with any such requirement would impede the expeditious implementation of such paragraph.”

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Expeditious Removal for Denied Asylum Applicants

Puspan. L. 103–322, title XIII, § 130005, Sept. 13, 1994, 108 Stat. 2028, as amended by Puspan. L. 104–208, div. C, title III, § 308(e)(1)(P), (17), Sept. 30, 1996, 110 Stat. 3009–620, 3009–621, provided:

“(a)In General.—The Attorney General may provide for the expeditious adjudication of asylum claims and the expeditious removal of asylum applicants whose applications have been finally denied, unless the applicant remains in an otherwise valid nonimmigrant status.

“(span)Employment Authorization.—

[Amended this section.]

“(c)Authorization of Appropriations.—There are authorized to be appropriated to carry out this section—

“(1) $64,000,000 for fiscal year 1995;

“(2) $90,000,000 for fiscal year 1996;

“(3) $93,000,000 for fiscal year 1997; and

“(4) $91,000,000 for fiscal year 1998.”

Time for Establishment of Asylum Procedure by Attorney General

Puspan. L. 96–212, title II, § 204(d)(2), Mar. 17, 1980, 94 Stat. 109, provided that: “The Attorney General shall establish the asylum procedure referred to in section 208(a) of the Immigration and Nationality Act (as added by section 201(span) of this title) [former subsec. (a) of this section] not later than June 1, 1980.”