[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4873 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4873
To provide for special immigrant status for Syrian Kurds and other
Syrians who partnered with the United States Government in Syria, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 2019
Mr. Crow (for himself, Mr. Waltz, Mr. Langevin, Mr. Bacon, Mr.
Blumenauer and Mr. Moulton) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Foreign Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for special immigrant status for Syrian Kurds and other
Syrians who partnered with the United States Government in Syria, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Syrian Partner Protection Act''.
SEC. 2. SPECIAL IMMIGRANT STATUS FOR CERTAIN SYRIAN KURDS AND OTHER
SYRIANS WHO WORKED FOR THE UNITED STATES GOVERNMENT IN
SYRIA.
(a) In General.--Subject to subsection (c)(1), and notwithstanding
any other provision of law, for purposes of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland
Security may provide an alien described in subsection (b) with the
status of a special immigrant under section 101(a)(27) of such Act (8
U.S.C. 1101(a)(27)) if--
(1) the alien, or an agent acting on behalf of the alien,
submits a petition to the Secretary under section 204 of such
Act (8 U.S.C. 1154) for classification under section 203(b)(4)
of such Act (8 U.S.C. 1153(b)(4));
(2) the alien is otherwise eligible to receive an immigrant
visa; and
(3) the alien is otherwise admissible to the United States
for permanent residence (excluding the grounds for
inadmissibility specified in section 212(a)(4) of such Act (8
U.S.C. 1182(a)(4))).
(b) Aliens Described.--
(1) In general.--An alien described in this subsection--
(A)(i) is a citizen or national of Syria or a
stateless person who has habitually resided in Syria;
(ii) has partnered with, was employed by, or worked
for or directly with the United States Government in
Syria as an interpreter, translator, intelligence
analyst, or in another sensitive and trusted capacity,
on or after January 1, 2014, for an aggregate period of
not less than 1 year; and
(iii) provided service to the United States efforts
against the Islamic State, which has been documented in
a positive recommendation or evaluation; or
(B)(i) is the spouse or child of a principal alien
described in subparagraph (A); and
(ii)(I) is following or accompanying to join the
principal alien in the United States; or
(II) due to the death of the principal alien, a
petition to follow or accompany to joint the principal
alien in the United States--
(aa) was revoked, terminated, or otherwise
rendered null; and
(bb) would have been approved if the
principal alien had survived.
(2) Employment requirements.--An application by a surviving
spouse or a child of a principal alien shall be subject to the
employment requirements set forth in paragraph (1)(A)--
(A) as of the date on which the principal alien
first filed an application for special immigrant
status; or
(B) if no such application has been filed, the
employment requirements as of the date on which the
principal alien died.
(c) Membership in Certain Syrian Organizations.--An applicant for
admission to the United States under this section may not be deemed
inadmissible based on membership in, participation in, or support
provided to, the Syrian Democratic Forces or other partner
organizations as determined by the Secretary of Defense.
(d) Numerical Limitations.--
(1) In general.--Except as otherwise provided under this
subsection, the total number of principal aliens who may be
provided special immigrant status under this section may not
exceed 4,000 in any of the 5 fiscal years beginning after the
date of the enactment of this Act.
(2) Exclusion from numerical limitations.--Aliens provided
special immigrant status under this section shall not be
counted against any numerical limitation under section 201(d),
202(a), or 203(b)(4) of the Immigration and Nationality Act (8
U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(3) Carry forward.--If the numerical limitation set forth
in paragraph (1) is not reached during a fiscal year, the
numerical limitation under such paragraph for the following
fiscal year shall be increased by a number equal to the
difference between--
(A) the number of visas authorized under paragraph
(1) for such fiscal year; and
(B) the number of principal aliens provided special
immigrant status under this section during such fiscal
year.
(e) Visa and Passport Issuance and Fees.--An alien described in
subsection (b) may not be charged any fee in connection with an
application for, or the issuance of, a special immigrant visa under
this section. The Secretary of State shall ensure that aliens who are
issued a special immigrant visa under this section are provided with an
appropriate passport necessary for admission to the United States.
(f) Protection of Aliens.--The Secretary of State, in consultation
with other relevant Federal agencies, shall provide an alien described
in subsection (b) who is applying for a special immigrant visa with
protection or the immediate removal from Syria or other nearby
countries if the Secretary determines that such alien is in imminent
danger.
(g) Application Process.--
(1) Representation.--An alien applying for admission to the
United States as a special immigrant under this section may be
represented during the application process, including at
relevant interviews and examinations, by an attorney or other
accredited representative. Such representation shall not be at
the expense of the United States Government.
(2) Completion.--The Secretary of State and the Secretary
of Homeland Security, in consultation with the Secretary of
Defense, shall ensure that applications for special immigrant
visas under this section are processed in such a manner to
ensure that all steps under the control of the respective
departments incidental to the issuance of such visas, including
required screenings and background checks, are completed not
later than 9 months after the date on which an eligible alien
submits all required materials to apply for such visa.
(3) Rule of construction.--Notwithstanding paragraph (2),
any Secretary referred to in paragraph (2) may take longer than
9 months to complete the steps incidental to issuing a visa
under this section if the Secretary, or the designee of the
Secretary--
(A) determines that the satisfaction of national
security concerns requires additional time; and
(B) notifies the applicant of such determination.
(4) Appeal.--An alien whose petition for status as a
special immigrant is rejected or revoked--
(A) shall receive a written decision that provides,
to the maximum extent feasible, information describing
the basis for the denial, including the facts and
inferences underlying the individual determination; and
(B) shall be provided not more than 1 written
appeal per rejection or denial, which--
(i) shall be submitted not more than 120
days after the date on which the applicant
receives a decision pursuant to subparagraph
(A);
(ii) may request the reopening of such
decision; and
(iii) shall provide additional information,
clarify existing information, or explain any
unfavorable information.
(h) Eligibility for Other Immigrant Classification.--An alien may
not be denied the opportunity to apply for admission under this section
solely because such alien qualifies as an immediate relative of a
national of the United States or is eligible for admission to the
United States under any other immigrant classification.
(i) Resettlement Support.--An alien who is granted special
immigrant status under this section shall be eligible for the same
resettlement assistance, entitlement programs, and other benefits as is
available to refugees admitted under section 207 of the Immigration and
Naturalization Act (8 U.S.C. 1157).
(j) Authority To Carry Out Administrative Measures.--The Secretary
of Homeland Security and the Secretary of State shall implement any
additional administrative measures as they consider necessary and
appropriate--
(1) to ensure the prompt processing of applications under
this section;
(2) to preserve the integrity of the program established
under this section; and
(3) to protect the national security interests of the
United States related to such program.
(k) Rulemaking.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
promulgate regulations to carry out this section, including
establishing requirements for background checks.
SEC. 3. SPECIAL IMMIGRANT STATUS REPORTING REQUIREMENT.
(a) In General.--The Inspector General of the Department of State
shall submit an annual report described in subsection (b), no later
than January 30 of each year, with a classified annex if necessary,
to--
(1) the Committee on Judiciary, the Committee on Foreign
Relations, and the Committee on Armed Services of the Senate;
and
(2) the Committee on Judiciary, the Committee on Foreign
Affairs, and the Committee on Armed Services of the House of
Representatives.
(b) Contents.--The report submitted under subsection (a) shall
evaluate the implementation of the Syrian special immigrant status
program under section 2, including, for the previous calendar year--
(1) the number of petitions filed;
(2) the number of petitions--
(A) pending adjudication;
(B) pending visa interview; and
(C) pending security checks;
(3) the number of petitions that were denied;
(4) the number of cases that have exceeded the mandated
processing time and relevant case numbers; and
(5) an accounting of any obstacles discovered that would
hinder effective implementation of the program.
(c) Consultation.--In preparing the report under subsection (a),
the Inspector General shall consult with--
(1) the Department of State, Bureau of Consular Affairs,
Visa Office;
(2) the Department of State, Bureau of Near Eastern Affairs
and South and Central Asian Affairs, Executive Office;
(3) the United States embassy in Kabul, Afghanistan,
Consular Section;
(4) the United States embassy in Baghdad, Iraq, Consular
Section;
(5) the Department of Homeland Security, U.S. Citizenship
and Immigration Services;
(6) the Department of Defense; and
(7) nongovernmental organizations providing legal aid in
the special immigrant visa application process.
(d) Publication.--The non-classified portion of the report
described in this section shall be published on the website of the
Department of State.
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