HR 544 IH
107th CONGRESS
1st Session
H. R. 544
To require the Attorney General to promulgate regulations relating to
gender-related persecution, including female genital mutilation, for use in
determining an alien's eligibility for asylum or withholding of
removal.
IN THE HOUSE OF REPRESENTATIVES
February 8, 2001
Mrs. MALONEY of New York (for herself and Mrs. KELLY) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To require the Attorney General to promulgate regulations relating to
gender-related persecution, including female genital mutilation, for use in
determining an alien's eligibility for asylum or withholding of
removal.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. REQUIREMENT TO PROMULGATE REGULATIONS CONCERNING GENDER-RELATED
PERSECUTION.
(a) REGULATIONS FOR USE IN EVALUATING ASYLUM APPLICATIONS- The Attorney
General shall promulgate regulations, which shall apply to the determination
of an alien's eligibility to be granted asylum under section 208 of the
Immigration and Nationality Act (8 U.S.C. 1158), interpreting, in a manner
consistent with international law and standards, the term `persecution', as
used in section 101(a)(42)(A) of such Act (8 U.S.C. 1101(a)(42)(A)), to
include gender-related persecution, including female genital mutilation. The
regulations under this subsection may not create burdens, or increase
requirements, for establishing persecution beyond those established by
international law and standards and decisions of the Board of Immigration
Appeals.
(b) REGULATIONS FOR USE IN WITHHOLDING OF REMOVAL- The Attorney General
shall promulgate regulations relating to gender-related persecution, including
female genital mutilation, which shall apply to the determination under
section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1231(b)(3)). The regulations under this subsection shall be consistent, to the
extent appropriate under such Act, with the regulations under subsection
(a).
(c) DEADLINE- The Attorney General shall promulgate the regulations
required by this Act not later than the date that is 30 days after the date of
the enactment of this Act.
(d) DEFINITION- For purposes of this Act, the term `gender-related
persecution' means a harm that--
(1) is specific to, or disproportionately affects, women on the ground
of their gender; and
(2) otherwise would be considered persecution for purposes of section
101(a)(42)(A) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(42)(A)).
END