S.Amdt. 2469

SA 2469. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. 1095. 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--
(1) in subparagraph (A)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(vii) the alien is described in section 212(a)(3)(D)(i),
except as provided in subparagraph (B)(iii).''; and
(2) in subparagraph (B), by adding at the end the
following:
``(iii) Exception to party membership.--

``(I) In general.--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--

``(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 general.--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.
``(II) Conditions.--An alien may only be granted a waiver
under this clause if--

[[Page S4798]]

``(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.''.
______