S2905-118

1. Short title This Act may be cited as the No Asylum for CCP Spies Act.

2. Denial of asylum to members of a Communist or other totalitarian party Section 208(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)) is amended— in subparagraph (A)— in clause (v), by striking or at the end; in clause (vi), by striking the period at the end and inserting ; or; and by adding at the end the following: the alien is described in section 212(a)(3)(D)(i), except as provided in subparagraph (B)(iii) and subject to in subparagraph (B), by adding at the end the following: Notwithstanding subparagraph (A)(vii), an alien who is described in section 212(a)(3)(D)(i) may be granted asylum pursuant to paragraph (1) if— the alien— has, before applying for asylum and through a service approved by the Federal Government, publicly renounced his or her membership in the Communist or totalitarian party of which the alien was a member or with which the alien was affiliated and denounces such party during the asylum adjudication process; and establishes, to the satisfaction of the Attorney General or the Secretary of Homeland Security, that the membership or affiliation of the alien with a Communist or totalitarian party is or was involuntary, limited to a period when the alien was younger than 16 years of age, automatic, by operation of law, without the alien's personal acquiescence, or solely for the purpose of obtaining employment, food rations, or other living essentials; and the Attorney General or the Secretary of Homeland Security, in consultation with the Director of National Intelligence, determines that the alien is not a danger to the security of the United States. In the case of an alien described in section 212(a)(3)(D)(i) who is not eligible for asylum under clause (iii), the Attorney General or the Secretary of Homeland Security may waive the application of such section if the Attorney General or the Secretary, in consultation with the Director of National Intelligence, determines that such alien has significant information relating to national security. An alien may only be granted a waiver under this clause if— the alien, through a service approved by the Federal Government, publicly renounces his or her membership in the Communist or totalitarian party of which the alien was a member or with which the alien was affiliated and denounces such party during the asylum adjudication process; and the Attorney General or the Secretary of Homeland Security, in consultation with the Director of National Intelligence, determines that the alien is not a danger to the security of the United States. (vii)the alien is described in section 212(a)(3)(D)(i), except as provided in subparagraph (B)(iii) and subject to ; and (iii)Exception to party membership(I)In generalNotwithstanding subparagraph (A)(vii), an alien who is described in section 212(a)(3)(D)(i) may be granted asylum pursuant to paragraph (1) if—(aa)the alien—(AA)has, before applying for asylum and through a service approved by the Federal Government, publicly renounced his or her membership in the Communist or totalitarian party of which the alien was a member or with which the alien was affiliated and denounces such party during the asylum adjudication process; and(BB)establishes, to the satisfaction of the Attorney General or the Secretary of Homeland Security, that the membership or affiliation of the alien with a Communist or totalitarian party is or was involuntary, limited to a period when the alien was younger than 16 years of age, automatic, by operation of law, without the alien's personal acquiescence, or solely for the purpose of obtaining employment, food rations, or other living essentials; and(bb)the Attorney General or the Secretary of Homeland Security, in consultation with the Director of National Intelligence, determines that the alien is not a danger to the security of the United States.(iv)Waiver(I)In generalIn the case of an alien described in section 212(a)(3)(D)(i) who is not eligible for asylum under clause (iii), the Attorney General or the Secretary of Homeland Security may waive the application of such section if the Attorney General or the Secretary, in consultation with the Director of National Intelligence, determines that such alien has significant information relating to national security.(II)ConditionsAn alien may only be granted a waiver under this clause if—(aa)the alien, through a service approved by the Federal Government, publicly renounces his or her membership in the Communist or totalitarian party of which the alien was a member or with which the alien was affiliated and denounces such party during the asylum adjudication process; and (bb)the Attorney General or the Secretary of Homeland Security, in consultation with the Director of National Intelligence, determines that the alien is not a danger to the security of the United States..