This bill makes a non-U.S. national (alien under federal law) who has been affiliated with the Communist or a totalitarian party ineligible for asylum. The bill provides exceptions for an applicant who establishes that such affiliation was involuntary or limited or, alternatively, has significant information relating to national security,
Under the bill, a non-U.S. national who is or has been a member of or affiliated with the Communist or any totalitarian party (including a subdivision or affiliate thereof) is ineligible for asylum. (Under current law, such affiliation makes a non-U.S. national ineligible for a visa or lawful permanent resident status, with certain exceptions.)
Such an individual may become eligible for asylum if the individual (1) publicly renounces his or her membership before applying; (2) denounces such party during the adjudication process; (3) has been determined by the Department of Homeland Security (DHS) or Department of Justice (DOJ) not to be a danger to U.S. security; and (4) establishes that such party affiliation was involuntary, automatic, to obtain employment or living essentials, or only while the individual was younger than 16 years of age.
Alternatively, DHS or DOJ may waive these requirements if a non-U.S. national seeking asylum (1) has significant information relating to national security, (2) renounces the party affiliation or membership and denounces the totalitarian party, and (3) is determined not to be a danger to the United States.
