S. 5371

Stopping Border Surges Act

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I Unaccompanied Alien Children

II Asylum Reform

Sec. 208. Renunciation of asylum status pursuant to return to home country

(a) In general. Section 208(c) of the Immigration and Nationality Act (8 U.S.C. 1158(c)) is amended by adding at the end the following:

Text this section adds to the law

(4) Renunciation of status pursuant to return to home country

(A) In general. Except as provided in subparagraph (B), any alien who has been granted asylum status under this Act shall have such status terminated if the alien—

(i) applied for such status because of persecution or a well-founded fear of persecution in that country on account of race, religion, nationality, membership in a particular social group, or political opinion; and

(ii) absent changed country conditions, subsequently returns to the country of such alien’s nationality or, in the case of an alien having no nationality, returns to any country in which such alien last habitually resided.

(B) Waiver. The Secretary has discretion to waive the application of subparagraph (A) if it is established, to the satisfaction of the Secretary, that the alien had a compelling reason for returning to his or her country of nationality or last habitual residence. Such waiver may be sought prior to departing from the United States or upon the alien's return to the United States.

(b) Conforming and technical amendments. Section 208(c)(3) of such Act (8 U.S.C. 1158(c)(3)) is amended—

(1) by inserting or (4) after paragraph (2); and

(2) by striking under section and inserting under sections.