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Title 22 — Foreign Relations and Intercourse

Chapter 85 — North Korean Human Rights

§ 7842. Eligibility for refugee or asylum consideration

Statutory text

(a)

Purpose

The purpose of this section is to clarify that North Koreans are not barred from eligibility for refugee status or asylum in the United States on account of any legal right to citizenship they may enjoy under the Constitution of the Republic of Korea. It is not intended in any way to prejudice whatever rights to citizenship North Koreans may enjoy under the Constitution of the Republic of Korea, or to apply to former North Korean nationals who have availed themselves of those rights.

(b)

Treatment of nationals of North Korea

For purposes of eligibility for refugee status under section 1157 of title 8, or for asylum under section 1158 of title 8, a national of the Democratic People’s Republic of Korea shall not be considered a national of the Republic of Korea.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. North Korean Human Rights Act of 2004

    Pub. L. 108–333 title III § 302 · 118 Stat. 1287

    Enacted · 22 U.S.C. § 7842

    (Pub. L. 108–333, title III, § 302, Oct. 18, 2004, 118 Stat. 1295.)

    Source evidence

    Code source credit
    (Pub. L. 108–333, title III, § 302, Oct. 18, 2004, 118 Stat. 1295.)

    Enacted provision · exact public law section
    SEC. 302. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSIDERATION. (a) Purpose.— The purpose of this section is to clarify that North Koreans are not barred from eligibility for refugee status or asylum in the United States on account of any legal right to citizenship they may enjoy under the Constitution of the Republic of Korea. It is not intended in any way to prejudice whatever rights to citizenship North Koreans may enjoy under the Constitution of the Republic of Korea, or to apply to former North Korean nationals who have availed themselves of those rights. (b) Treatment of Nationals of North Korea.— For purposes of eligibility for refugee status under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or for asylum under section 208 of such Act (8 U.S.C. 1158), a national of the Democratic People’s Republic of Korea shall not be considered a national of the Republic of Korea.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 108–333, title III, § 302, , 118 Stat. 1295.)

Parsed from the official OLRC USLM XML in data/usc_all/usc22.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t22/s7842