
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-56 Section 411(b)(2)]
[CITE: 8USC1158]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                        Part I--Selection System
 
Sec. 1158. Asylum


(a) Authority to apply for asylum

                           (1) In general

        Any alien who is physically present in the United States or who 
    arrives in the United States (whether or not at a designated port of 
    arrival and including an alien who is brought to the United States 
    after having been interdicted in international or United States 
    waters), irrespective of such alien's status, may apply for asylum 
    in accordance with this section or, where applicable, section 
    1225(b) of this title.

                           (2) Exceptions

        (A) Safe third country

            Paragraph (1) shall not apply to an alien if the Attorney 
        General determines that the alien may be removed, pursuant to a 
        bilateral or multilateral agreement, to a country (other than 
        the country of the alien's nationality or, in the case of an 
        alien having no nationality, the country of the alien's last 
        habitual residence) in which the alien's life or freedom would 
        not be threatened on account of race, religion, nationality, 
        membership in a particular social group, or political opinion, 
        and where the alien would have access to a full and fair 
        procedure for determining a claim to asylum or equivalent 
        temporary protection, unless the Attorney General finds that it 
        is in the public interest for the alien to receive asylum in the 
        United States.

        (B) Time limit

            Subject to subparagraph (D), paragraph (1) shall not apply 
        to an alien unless the alien demonstrates by clear and 
        convincing evidence that the application has been filed within 1 
        year after the date of the alien's arrival in the United States.

        (C) Previous asylum applications

            Subject to subparagraph (D), paragraph (1) shall not apply 
        to an alien if the alien has previously applied for asylum and 
        had such application denied.

        (D) Changed circumstances

            An application for asylum of an alien may be considered, 
        notwithstanding subparagraphs (B) and (C), if the alien 
        demonstrates to the satisfaction of the Attorney General either 
        the existence of changed circumstances which materially affect 
        the applicant's eligibility for asylum or extraordinary 
        circumstances relating to the delay in filing an application 
        within the period specified in subparagraph (B).

                  (3) Limitation on judicial review

        No court shall have jurisdiction to review any determination of 
    the Attorney General under paragraph (2).

(b) Conditions for granting asylum

                           (1) In general

        The Attorney General may grant asylum to an alien who has 
    applied for asylum in accordance with the requirements and 
    procedures established by the Attorney General under this section if 
    the Attorney General determines that such alien is a refugee within 
    the meaning of section 1101(a)(42)(A) of this title.

                           (2) Exceptions

        (A) In general

            Paragraph (1) shall not apply to an alien if the Attorney 
        General determines that--
                (i) the alien ordered, incited, assisted, or otherwise 
            participated in the persecution of any person on account of 
            race, religion, nationality, membership in a particular 
            social group, or political opinion;
                (ii) the alien, having been convicted by a final 
            judgment of a particularly serious crime, constitutes a 
            danger to the community of the United States;
                (iii) there are serious reasons for believing that the 
            alien has committed a serious nonpolitical crime outside the 
            United States prior to the arrival of the alien in the 
            United States;
                (iv) there are reasonable grounds for regarding the 
            alien as a danger to the security of the United States;
                (v) the alien is inadmissible under subclause (I), (II), 
            (III), or (IV) of section 1182(a)(3)(B)(i) of this title or 
            removable under section 1227(a)(4)(B) of this title 
            (relating to terrorist activity), unless, in the case only 
            of an alien inadmissible under subclause (IV) of section 
            1182(a)(3)(B)(i) of this title, the Attorney General 
            determines, in the Attorney General's discretion, that there 
            are not reasonable grounds for regarding the alien as a 
            danger to the security of the United States; or
                (vi) the alien was firmly resettled in another country 
            prior to arriving in the United States.

        (B) Special rules

            (i) Conviction of aggravated felony

                For purposes of clause (ii) of subparagraph (A), an 
            alien who has been convicted of an aggravated felony shall 
            be considered to have been convicted of a particularly 
            serious crime.
            (ii) Offenses

                The Attorney General may designate by regulation 
            offenses that will be considered to be a crime described in 
            clause (ii) or (iii) of subparagraph (A).

        (C) Additional limitations

            The Attorney General may by regulation establish additional 
        limitations and conditions, consistent with this section, under 
        which an alien shall be ineligible for asylum under paragraph 
        (1).

        (D) No judicial review

            There shall be no judicial review of a determination of the 
        Attorney General under subparagraph (A)(v).

                (3) Treatment of spouse and children

        A spouse or child (as defined in section 1101(b)(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.

(c) Asylum status

                           (1) In general

        In the case of an alien granted asylum under subsection (b) of 
    this section, the Attorney General--
            (A) shall not remove or return the alien to the alien's 
        country of nationality or, in the case of a person having no 
        nationality, the country of the alien's last habitual residence;
            (B) shall authorize the alien to engage in employment in the 
        United States and provide the alien with appropriate endorsement 
        of that authorization; and
            (C) may allow the alien to travel abroad with the prior 
        consent of the Attorney General.

                      (2) Termination of asylum

        Asylum granted under subsection (b) of this section does not 
    convey a right to remain permanently in the United States, and may 
    be terminated if the Attorney General determines that--
            (A) the alien no longer meets the conditions described in 
        subsection (b)(1) of this section owing to a fundamental change 
        in circumstances;
            (B) the alien meets a condition described in subsection 
        (b)(2) of this section;
            (C) the alien may be removed, pursuant to a bilateral or 
        multilateral agreement, to a country (other than the country of 
        the alien's nationality or, in the case of an alien having no 
        nationality, the country of the alien's last habitual residence) 
        in which the alien's life or freedom would not be threatened on 
        account of race, religion, nationality, membership in a 
        particular social group, or political opinion, and where the 
        alien is eligible to receive asylum or equivalent temporary 
        protection;
            (D) the alien has voluntarily availed himself or herself of 
        the protection of the alien's country of nationality or, in the 
        case of an alien having no nationality, the alien's country of 
        last habitual residence, by returning to such country with 
        permanent resident status or the reasonable possibility of 
        obtaining such status with the same rights and obligations 
        pertaining to other permanent residents of that country; or
            (E) the alien has acquired a new nationality and enjoys the 
        protection of the country of his or her new nationality.

                (3) Removal when asylum is terminated

        An alien described in paragraph (2) is subject to any applicable 
    grounds of inadmissibility or deportability under section \1\ 
    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.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``sections''.
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(d) Asylum procedure

                          (1) Applications

        The Attorney General shall establish a procedure for the 
    consideration of asylum applications filed under subsection (a) of 
    this section. The Attorney General may require applicants to submit 
    fingerprints and a photograph at such time and in such manner to be 
    determined by regulation by the Attorney General.

                           (2) Employment

        An applicant for asylum is not entitled to employment 
    authorization, but such authorization may be provided under 
    regulation by the Attorney General. An applicant who is not 
    otherwise eligible for employment authorization shall not be granted 
    such authorization prior to 180 days after the date of filing of the 
    application for asylum.

                              (3) Fees

        The Attorney General may impose fees for the consideration of an 
    application for asylum, for employment authorization under this 
    section, and for adjustment of status under section 1159(b) of this 
    title. Such fees shall not exceed the Attorney General's costs in 
    adjudicating the applications. The Attorney General may provide for 
    the assessment and payment of such fees over a period of time or by 
    installments. Nothing in this paragraph shall be construed to 
    require the Attorney General to charge fees for adjudication 
    services provided to asylum applicants, or to limit the authority of 
    the Attorney General to set adjudication and naturalization fees in 
    accordance with section 1356(m) of this title.

       (4) Notice of privilege of counsel and consequences of 
                            frivolous application

        At the time of filing an application for asylum, the Attorney 
    General shall--
            (A) advise the alien of the privilege of being represented 
        by counsel and of the consequences, under paragraph (6), of 
        knowingly filing a frivolous application for asylum; and
            (B) provide the alien a list of persons (updated not less 
        often than quarterly) who have indicated their availability to 
        represent aliens in asylum proceedings on a pro bono basis.

              (5) Consideration of asylum applications

        (A) Procedures

            The procedure established under paragraph (1) shall provide 
        that--
                (i) asylum cannot be granted until the identity of the 
            applicant has been checked against all appropriate records 
            or databases maintained by the Attorney General and by the 
            Secretary of State, including the Automated Visa Lookout 
            System, to determine any grounds on which the alien may be 
            inadmissible to or deportable from the United States, or 
            ineligible to apply for or be granted asylum;
                (ii) in the absence of exceptional circumstances, the 
            initial interview or hearing on the asylum application shall 
            commence not later than 45 days after the date an 
            application is filed;
                (iii) in the absence of exceptional circumstances, final 
            administrative adjudication of the asylum application, not 
            including administrative appeal, shall be completed within 
            180 days after the date an application is filed;
                (iv) any administrative appeal shall be filed within 30 
            days of a decision granting or denying asylum, or within 30 
            days of the completion of removal proceedings before an 
            immigration judge under section 1229a of this title, 
            whichever is later; and
                (v) in the case of an applicant for asylum who fails 
            without prior authorization or in the absence of exceptional 
            circumstances to appear for an interview or hearing, 
            including a hearing under section 1229a of this title, the 
            application may be dismissed or the applicant may be 
            otherwise sanctioned for such failure.

        (B) Additional regulatory conditions

            The Attorney General may provide by regulation for any other 
        conditions or limitations on the consideration of an application 
        for asylum not inconsistent with this chapter.

                     (6) Frivolous applications

        If the Attorney General determines that an alien has knowingly 
    made a frivolous application for asylum and the alien has received 
    the notice under paragraph (4)(A), the alien shall be permanently 
    ineligible for any benefits under this chapter, effective as of the 
    date of a final determination on such application.

                   (7) No private right of action

        Nothing in this subsection shall be construed to create any 
    substantive or procedural right or benefit that is legally 
    enforceable by any party against the United States or its agencies 
    or officers or any other person.

(June 27, 1952, ch. 477, title II, ch. 1, Sec. 208, as added Pub. L. 96-
212, title II, Sec. 201(b), Mar. 17, 1980, 94 Stat. 105; amended Pub. L. 
101-649, title V, Sec. 515(a)(1), Nov. 29, 1990, 104 Stat. 5053; Pub. L. 
103-322, title XIII, Sec. 130005(b), Sept. 13, 1994, 108 Stat. 2028; 
Pub. L. 104-132, title IV, Sec. 421(a), Apr. 24, 1996, 110 Stat. 1270; 
Pub. L. 104-208, div. C, title VI, Sec. 604(a), Sept. 30, 1996, 110 
Stat. 3009-690.)


                               Amendments

    1996--Pub. 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). Pub. L. 104-132, Sec. 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). Pub. L. 103-322 added subsec. (e).
    1990--Subsec. (d). Pub. L. 101-649 added subsec. (d).


                    Effective Date of 1996 Amendments

    Section 604(c) of div. C of Pub. L. 104-208 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].
    Section 421(b) of Pub. L. 104-132 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

    Section 515(b) of Pub. L. 101-649, as amended by Pub. L. 102-232, 
title III, Sec. 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 Pub. L. 96-212, set out as an Effective Date of 1980 Amendment note 
under section 1101 of this title.


            Expeditious Removal for Denied Asylum Applicants

    Section 130005 of Pub. L. 103-322, as amended by Pub. L. 104-208, 
div. C, title III, Sec. 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.
    ``(b) 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

    Section 204(d)(2) of Pub. L. 96-212 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(b) of this title) [former subsec. (a) of this section] not later 
than June 1, 1980.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1157, 1182, 1225, 1229a, 
1252, 1254a, 1324b, 1324c, 1427, 1534, 1574, 1612, 1613, 1622, 1641 of 
this title; title 7 section 2015; title 22 section 4703; title 42 
sections 608, 1436a.
