§1158. Asylum procedure

(a) Establishment by Attorney General; coverage

The Attorney General shall establish a procedure for an alien physically present in the United States or at a land border or port of entry, irrespective of such alien's status, to apply for asylum, and the alien may be granted asylum in the discretion of the Attorney General if the Attorney General determines that such alien is a refugee within the meaning of section 1101(a)(42)(A) of this title.

(b) Termination of asylum by Attorney General; criteria

Asylum granted under subsection (a) of this section may be terminated if the Attorney General, pursuant to such regulations as the Attorney General may prescribe, determines that the alien is no longer a refugee within the meaning of section 1101(a)(42)(A) of this title owing to a change in circumstances in the alien's country of nationality or, in the case of an alien having no nationality, in the country in which the alien last habitually resided.

(c) Status of spouse or child of alien granted asylum

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 subsection (a) of this section may, if not otherwise eligible for asylum under such subsection, be granted the same status as the alien if accompanying, or following to join, such alien.

(d) Aliens convicted of aggravated felony

An alien who has been convicted of an aggravated felony, notwithstanding subsection (a) of this section, may not apply for or be granted asylum.

(e) Employment authorization

An applicant for asylum is not entitled to employment authorization except as may be provided by regulation in the discretion of the Attorney General.

(June 27, 1952, ch. 477, title II, ch. 1, §208, as added Mar. 17, 1980, Pub. L. 96–212, title II, §201(b), 94 Stat. 105; amended Nov. 29, 1990, Pub. L. 101–649, title V, §515(a)(1), 104 Stat. 5053; Sept. 13, 1994, Pub. L. 103–322, title XIII, §130005(b), 108 Stat. 2028.)

Amendments

1994-Subsec. (e). Pub. L. 103–322 added subsec. (e).

1990-Subsec. (d). Pub. L. 101–649 added subsec. (d).

Effective Date of 1990 Amendment

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

Expeditious Deportation for Denied Asylum Applicants

Section 130005 of Pub. L. 103–322 provided:

"(a) In General.-The Attorney General may provide for the expeditious adjudication of asylum claims and the expeditious deportation 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) [subsec. (a) of this section] not later than June 1, 1980."

Section Referred to in Other Sections

This section is referred to in section 1324b of this title; title 7 section 2015; title 22 section 4703; title 42 sections 602, 615, 1436a.