; or (II) a fear that the alien’s life or freedom would be threatened. (B) Inclusion The term asylum seeker includes any individual described in subparagraph (A) whose application for asylum or withholding of removal is pending judicial review. (C) Exclusion The term asylum seeker does not include an individual with respect to whom a final order denying asylum and withholding of removal has been entered if such order is not pending judicial review. (2) Best interest determination The term best interest determination means a formal process with procedural safeguards designed to give primary consideration to a child’s best interests in decision making. (3) Department The term Department means the Department of Homeland Security. (4) Internally displaced persons The term internally displaced persons means persons or a group of persons who have been forced to leave their homes or places of habitual residence, in particular due to armed conflict, generalized violence, violations of human rights, or natural or human-made disasters, and who have not crossed an internationally recognized state border. (5) International protection The term international protection means asylum status, refugee status, protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, and other regional protection status available in the Western Hemisphere. (6) Secretary The term Secretary means the Secretary of Homeland Security. I Admission and protection of refugees, asylum seekers, and other vulnerable individuals A Refugees and asylum seekers 101. Modification of definition of refugee (a) In general Section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) is amended to read as follows: (42) (A) The term refugee means any person who— (i) (I) is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided