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On December 6, 2000, the Attorney General published the final regulations implementing the changes made to the asylum statute by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). See 65 Fed. Reg. 76121 (Dec. 6, 2001). Although most of these changes had been previously in place under an interim rule, this latest regulatory reform reflects some of the most comprehensive changes ever made to the asylum laws. The rule, initially proposed on January 3, 1997, 62 Fed. Reg. 444, was subsequently implemented as an interim rule on March 6, 1997, 62 Fed. Reg. 10312. These changes became effective on January 5, 2001.
Unlike the vague language of the 1980 Refugee Act, which first established with scant deliberations a statutory right to asylum, leaving the details of its implementation to the Department of Justice, recent statutory changes to the asylum laws as reflected by the amendments made by IIRIRA, have been much more deliberate and specific. Concurrently, Congress has circumscribed in certain areas the broad discretionary authority previously exercised by the Attorney General. These latest changes were precipitated by a rising public perception and corresponding reaction by law makers that the asylum system was being abused by people who simply wanted to remain in the United States without having a bona fide asylum claim, as well as the revelation that some terrorist acts in the United States were perpetrated by individuals who had pending applications for asylum. Subsequent media reports on how easily individuals could apply for asylum at ports of entry left Congress with little choice but to act. These final regulations incorporate most of those changes with the exception of asylum claims raised in the context of expedited removal procedures, which have been previously published. See 8 C.F.R. 235(b)
The final regulations also amend the provisions governing cases of past persecution and provide guidance for those cases where an applicant can avoid future persecution by moving to another part of his or her country. Finally, the rules identify factors that may be considered in the exercise of discretion in asylum cases in which the alien has established past persecution but may not have a well-founded fear of future persecution. Following are some of the highlights of the final rules.
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