Page:United States Statutes at Large Volume 110 Part 2.djvu/96

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110 STAT. 1270 PUBLIC LAW 104-132—APR. 24, 1996 shall apply to applications filed before, on, or after such date if final action has not been taken on them before such date. SEC. 414. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND ADMITTED. (a) IN GENERAL. —Section 241 of the Immigration and Nationality Act (8 U.S.C. 1251) is amended by adding at the end the following new subsection: "(d) Notwithstanding any other provision of this title, an alien found in the United States who has not been admitted to the United States after inspection in accordance with section 235 is deemed for purposes of this Act to be seeking entry and admission to the United States and shall be subject to examination and exclusion by the Attorney General under chapter 4. In the case of such an alien the Attorney General shall provide by regulation an opportunity for the alien to establish that the alien was so admitted.". 8 USC 1251 note. (b) EFFECTIVE DATE. —The amendment made by subsection (a) shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act. Subtitle C—Modification to Asylum Procedures SEC. 421. DENIAL OF ASYLUM TO ALIEN TERRORISTS. (a) IN GENERAL.—Section 208(a) of the Immigration and Nationality Act (8 U.S.C. 1158(a)) is amended by adding at the end the following: "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 212(a)(3)(B)(i) or deportable under section 241(a)(4)(B), 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.". 8 USC 1158 note. (b) EFFECTIVE DATE. —The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and apply to asylum determinations made on or after such date. SEC. 422. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS. (a) IN GENERAL.— Subsection (b) of section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended to read as follows: "(b)(1)(A) If the examining immigration officer determines that an alien seeking entry— "(i) is excludable under section 212(a)(6)(C) or 212(a)(7), and "(ii) does not indicate either an intention to apply for asy- lum under section 208 or a fear of persecution, the officer shall order the alien excluded from the United States without further hearing or review. "(B) The examining immigration officer shall refer for an interview by an asylum officer under subparagraph (C) any alien who is excludable under section 212(a)(6)(C) or 212(a)(7) and has indicated an intention to apply for asylum under section 208 or a fear of persecution.