; and (2) by inserting after United States the following: and has arrived in the United States at a port of entry (including an alien who is brought to the United States after having been interdicted in international or United States waters), . 104. Exceptions Paragraph (2) of section 208(b) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2) ) is amended to read as follows: (2) Exceptions (A) In general Paragraph (1) shall not apply to an alien if the Secretary of Homeland Security or the Attorney General determines that— (i) the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; (ii) the alien has been convicted of any felony under Federal, State, tribal, or local law; (iii) the alien has been convicted of any misdemeanor offense under Federal, State, tribal, or local law involving— (I) the unlawful possession or use of an identification document, authentication feature, or false identification document (as those terms and phrases are defined in the jurisdiction where the conviction occurred), unless the alien can establish that the conviction resulted from circumstances showing that— (aa) the document or feature was presented before boarding a common carrier; (bb) the document or feature related to the alien’s eligibility to enter the United States; (cc) the alien used the document or feature to depart a country wherein the alien has claimed a fear of persecution; and (dd) the alien claimed a fear of persecution without delay upon presenting himself or herself to an immigration officer upon arrival at a United States port of entry; (II) the unlawful receipt of a Federal public benefit (as defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1611(c) )), from a Federal entity, or the unlawful receipt of similar public benefits from a State, tribal, or local entity