S.Amdt. 1478

SA 1478. Mr. TUBERVILLE submitted an amendment intended to be
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend
title 38, United States Code, to make certain improvements relating to
the eligibility of veterans to receive reimbursement for emergency
treatment furnished through the Veterans Community Care program, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. FIRM RESETTLEMENT.

Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158), as amended by this title, is further amended by
adding at the end the following:
``(g) Firm Resettlement.--In determining whether an alien
was firmly resettled in another country prior to arriving in
the United States under subsection (b)(2)(A)(xiv), the
following shall apply:
``(1) In general.--An alien shall be considered to have
firmly resettled in another country if, after the events
giving rise to the alien's asylum claim--
``(A) the alien resided in a country through which the
alien transited prior to arriving in or entering the United
States and--
``(i) received or was eligible for any permanent legal
immigration status in that country;
``(ii) resided in such a country with any non-permanent but
indefinitely renewable legal immigration status (including
asylee, refugee, or similar status, but excluding status of a
tourist); or
``(iii) resided in such a country and could have applied
for and obtained an immigration status described in clause
(ii);
``(B) the alien physically resided voluntarily, and without
continuing to suffer persecution or torture, in any one
country for one year or more after departing his country of
nationality or last habitual residence and prior to arrival
in or entry into the United States, except for any time spent
in Mexico by an alien who is not a native or citizen of
Mexico solely as a direct result of being returned to Mexico
pursuant to section 235(b)(3) or of being subject to
metering; or
``(C) the alien is a citizen of a country other than the
country in which the alien alleges a fear of persecution, or
was a citizen of such a country in the case of an alien who
renounces such citizenship, and the alien was present in that
country after departing his country of nationality or last
habitual residence and prior to arrival in or entry into the
United States.
``(2) Burden of proof.--If an immigration judge determines
that an alien has firmly resettled in another country under
paragraph (1), the alien shall bear the burden of proving the
bar does not apply.
``(3) Firm resettlement of parent.--An alien shall be
presumed to have been firmly resettled in another country if
the alien's parent was firmly resettled in another country,
the parent's resettlement occurred before the alien turned 18
years of age, and the alien resided with such parent at the
time of the firm resettlement, unless the alien establishes
that he or she could not have derived any permanent legal
immigration status or any non-permanent but indefinitely
renewable legal immigration status (including asylum,
refugee, or similar status, but excluding status of a
tourist) from the alien's parent.''.
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