[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5210 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 5210
To provide for the admission and protection of refugees, asylum
seekers, and other vulnerable individuals, to provide for the
processing of refugees and asylum seekers in the Western Hemisphere,
and to modify certain special immigrant visa programs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2019
Ms. Lofgren (for herself, Mr. Nadler, Ms. Jayapal, Mr. Neguse, Mr.
Castro of Texas, Mr. Crow, Ms. Dean, Ms. DeLauro, Mr. DeSaulnier, Mr.
Engel, Ms. Escobar, Mr. Espaillat, Ms. Garcia of Texas, Mr. Grijalva,
Mr. Higgins of New York, Mr. Johnson of Georgia, Mr. Khanna, Mr.
Lowenthal, Mr. McGovern, Mrs. Napolitano, Ms. Norton, Mr. Pallone, Mr.
Panetta, Mr. Quigley, Mr. Raskin, Mr. Sires, Mr. Smith of Washington,
Mr. Swalwell of California, Mrs. Watson Coleman, Mr. Welch, Ms. Tlaib,
and Mr. Visclosky) introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committees on
Ways and Means, the Budget, and 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 the admission and protection of refugees, asylum
seekers, and other vulnerable individuals, to provide for the
processing of refugees and asylum seekers in the Western Hemisphere,
and to modify certain special immigrant visa programs, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Refugee Protection
Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--ADMISSION AND PROTECTION OF REFUGEES, ASYLUM SEEKERS, AND
OTHER VULNERABLE INDIVIDUALS
Subtitle A--Refugees and Asylum Seekers
Sec. 101. Modification of definition of refugee.
Sec. 102. Multiple forms of relief available to refugees and asylum
seekers.
Sec. 103. Elimination of time limits on asylum applications.
Sec. 104. Consideration of asylum claims.
Sec. 105. Transparency in refugee determinations.
Sec. 106. Employment authorization for asylum seekers and other
individuals.
Sec. 107. Admission of refugees and asylees as lawful permanent
residents.
Subtitle B--Protections for Children and Families
Sec. 111. Keeping families together.
Sec. 112. Protections for minors seeking asylum.
Sec. 113. Fair day in court for kids.
Subtitle C--Protections for Other Vulnerable Individuals
Sec. 121. Modification of physical presence requirements for aliens
admitted in special immigrant status for
persons who have served as translators for
the Armed Forces.
Sec. 122. Protection of stateless persons in the United States.
Sec. 123. Protecting victims of terrorism from being defined as
terrorists.
Sec. 124. Protection for aliens interdicted at sea.
Sec. 125. Enhanced protection for individuals seeking U visas, T visas,
and protection under VAWA.
Subtitle D--Protections Relating to Removal, Detention, and Prosecution
Sec. 131. Prevention of erroneous in absentia orders of removal.
Sec. 132. Scope and standard for review of removal orders.
Sec. 133. Presumption of liberty for asylum seekers.
Sec. 134. Procedures for ensuring accuracy and verifiability of sworn
statements taken pursuant to expedited
removal authority.
Sec. 135. Inspections by immigration officers.
Sec. 136. Study on effect on asylum claims of expedited removal
provisions, practices, and procedures.
Sec. 137. Alignment with Refugee Convention obligations by prohibiting
criminal prosecution of refugees.
Subtitle E--Refugee Resettlement
Sec. 141. Prioritization of family reunification in refugee
resettlement process.
Sec. 142. Numerical goals for annual refugee admissions.
Sec. 143. Reform of refugee admissions consultation process.
Sec. 144. Designation of certain groups of refugees for resettlement
and admission of refugees in emergency
situations.
Sec. 145. Refugee resettlement; radius requirements.
Sec. 146. Study and report on contributions by refugees to the United
States.
Sec. 147. Update of reception and placement grants.
Sec. 148. Resettlement data.
Sec. 149. Refugee assistance.
Sec. 150. Extension of eligibility period for Social Security benefits
for certain refugees.
Sec. 151. United States Emergency Refugee Resettlement Contingency
Fund.
Subtitle F--Miscellaneous Provision
Sec. 161. Authorization of appropriations.
TITLE II--REFUGEE AND ASYLUM SEEKER PROCESSING IN WESTERN HEMISPHERE
Sec. 201. Expansion of refugee and asylum seeker processing.
Sec. 202. Strengthening regional humanitarian responses.
Sec. 203. Information campaign on dangers of irregular migration.
Sec. 204. Reporting requirement.
Sec. 205. Identification, screening, and processing of refugees and
other individuals eligible for lawful
admission to the United States.
Sec. 206. Central American Refugee Program.
Sec. 207. Central American Minors Program.
Sec. 208. Central American Family Reunification Parole Program.
Sec. 209. Informational campaign; case status hotline.
TITLE III--SPECIAL IMMIGRANT VISA PROGRAMS
Sec. 301. Improvement of the direct access program for U.S.-affiliated
Iraqis.
Sec. 302. Conversion of certain petitions.
Sec. 303. Special immigrant visa program reporting requirement.
Sec. 304. Improvements to application process for Afghan special
immigrant visas.
Sec. 305. Special immigrant status for certain surviving spouses and
children.
Sec. 306. Inclusion of certain special immigrants in the annual refugee
survey.
Sec. 307. United States refugee program priorities.
Sec. 308. Special immigrant status for certain Syrian who worked for
the United States Government in Syria.
Sec. 309. Special immigrant status reporting requirement.
Sec. 310. Processing mechanisms.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Authorization of appropriations.
Sec. 402. Determination of budgetary effects.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In 2019, the world is in the midst of the worst global
displacement crisis in history, with more than 70,800,000
forcibly displaced persons, including 25,900,000 refugees
worldwide, over half of whom are children, according to
estimates from the United Nations High Commissioner for
Refugees.
(2) In 2018, less than 5 percent of global resettlement
needs were met despite there being 1,400,000 refugees in need
of third-country resettlement.
(3) The United States refugee admissions program is a life-
saving solution that--
(A) is critical to global humanitarian efforts;
(B) strengthens global security;
(C) leverages United States foreign policy
interests, including diplomatic and strategic interests
of supporting allies who often host a significant and
disproportionate share of refugees per capita;
(D) stabilizes sensitive regions impacted by forced
migration by ensuring that the United States shares
responsibility for global refugee protection;
(E) leverages refugee resettlement in the United
States to encourage other countries to uphold the human
rights of refugees, including by ensuring that
refugees--
(i) have the right to work, the right to an
education, and freedom of movement; and
(ii) are not returned to a place in which
their life or freedom is at risk;
(F) serves individuals and families in need of
resettlement;
(G) provides economic and cultural benefits to
cities, States, and the United States as a whole; and
(H) aligns with the international obligations of
the United States, including under--
(i) the Convention Relating to the Status
of Refugees, done at Geneva July 28, 1951 (as
made applicable by the Protocol Relating to the
Status of Refugees, done at New York January
31, 1967 (19 UST 6223)), of which the United
States is a party;
(ii) the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York December 10, 1984,
of which the United States is a party;
(iii) the Convention relating to the Status
of Stateless Persons, done at New York
September 28, 1954; and
(iv) the Convention on the Reduction of
Statelessness, done at New York August 30,
1961.
(4) The United States has historically been, and should
continue to be, a global leader in--
(A) responding to displacement crises around the
world, including through the provision of robust
humanitarian support;
(B) promoting the safety, health, and well-being of
refugees and displaced persons;
(C) welcoming asylum seekers who seek safety and
protecting other at-risk migrants, including survivors
of torture, victims of trafficking, and stateless
people; and
(D) working alongside other countries to strengthen
protection systems and support.
(5) The United States has steadily reduced--
(A) access to asylum protection through
administrative policy and programmatic changes,
including policies and operational decisions aimed at
reducing or stopping the ability of asylum seekers to
access the United States border; and
(B) the resettlement of refugees, by way of two
consecutive historically low annual refugee admissions
goals after nearly 45 years during which the average
annual United States refugee admissions goal was over
95,000 individuals.
(6) Refugees are--
(A) the most vetted travelers to enter the United
States; and
(B) subject to extensive screening checks,
including in-person interviews, biometric data checks,
and multiple interagency checks.
(7) For the sake of refugees, asylum seekers, other
migrants, United States national diplomatic and strategic
interests, and local communities that benefit from the presence
of refugees, asylees, and other migrants, it is crucial for the
United States to better protect refugees and asylum seekers
through reforms, including--
(A) asylum reforms that ensure due process;
(B) reforms to border migration enforcement,
management, and adjudication systems that integrate
stronger protection of, and ensure due process for,
asylum seekers, children, victims of trafficking,
stateless people, and other migrants, including--
(i) community-based alternatives to
detention for asylum seekers and other
vulnerable migrants;
(ii) improved detention conditions;
(iii) an emphasis on fairness in the arrest
and adjudication process;
(iv) increased access to legal information
and representation; and
(v) a stronger commitment to child welfare
in staffing and processes; and
(C) refugee reforms that--
(i) ensure at least the historical average
annual refugee admissions goal;
(ii) prevent refugee policy that
discriminates based on race or religion;
(iii) improve opportunities for refugees to
achieve family unity; and
(iv) update and strengthen support for
refugees and the communities that welcome
refugees.
(8) The people of the United States, and communities across
the United States, overwhelmingly support refugees and asylum
seekers, including people of faith, members of the Armed
Forces, veterans, elected officials, and retired high-ranking
officials.
SEC. 3. DEFINITIONS.
In this Act:
(1) Asylum seeker.--
(A) In general.--The term ``asylum seeker'' means--
(i) any applicant for asylum under section
208 of the Immigration and Nationality Act (8
U.S.C. 1158);
(ii) any alien who indicates--
(I) an intention to apply for
asylum under that section; or
(II) a fear of persecution; and
(iii) any alien who indicates--
(I) an intention to apply for
withholding of removal pursuant to--
(aa) section 241 of the
Immigration and Nationality Act
(8 U.S.C. 1231); or
(bb) the Convention against
Torture and Other Cruel,
Inhuman or Degrading Treatment
or Punishment, done at New York
December 10, 1984; 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.
TITLE I--ADMISSION AND PROTECTION OF REFUGEES, ASYLUM SEEKERS, AND
OTHER VULNERABLE INDIVIDUALS
Subtitle A--Refugees and Asylum Seekers
SEC. 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; and
``(II) is unable or unwilling to return to, and is
unable or unwilling to avail himself or herself of the
protection of, that country because of persecution, or
a well-founded fear of persecution, on account of race,
religion, nationality, membership in a particular
social group, or political opinion; or
``(ii) in such circumstances as the President may
specify, after appropriate consultation (as defined in
section 207(e))--
``(I) is within the country of such
person's nationality or, in the case of a
person having no nationality, within the
country in which such person is habitually
residing; and
``(II) is persecuted, or who has a well-
founded fear of persecution, on account of
race, religion, nationality, membership in a
particular social group, or political opinion.
``(B) The term `refugee' does not include any person who
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. A person who establishes that his or her
actions were committed under duress or while the person was
younger than 18 years of age shall not be considered to have
ordered, incited, assisted, or otherwise participated in
persecution under this subparagraph.
``(C) For purposes of determinations under this Act--
``(i) a person who has been forced to abort a
pregnancy or to undergo involuntary sterilization, or
who has been persecuted for failure or refusal to
undergo such a procedure or for other resistance to a
coercive population control program, shall be deemed to
have been persecuted on account of political opinion;
``(ii) a person who has a well-founded fear that he
or she will be forced to undergo such a procedure or be
subject to persecution for such failure, refusal, or
resistance shall be deemed to have a well-founded fear
of persecution on account of political opinion; and
``(iii) the term `particular social group' means,
without any additional requirement not listed below,
any group whose members--
``(I) share--
``(aa) a characteristic that is
immutable or fundamental to identity,
conscience, or the exercise of human
rights; or
``(bb) a past experience or
voluntary association that, due to its
historical nature, cannot be changed;
or
``(II) are perceived as a group by society.
``(D)(i) The burden of proof shall be on the applicant to
establish that the applicant is a refugee.
``(ii) To establish that the applicant is a refugee,
persecution--
``(I) shall be on account of race, religion,
nationality, membership in a particular social group,
or political opinion; and
``(II) may be established by demonstrating that--
``(aa) a protected ground is at least one
reason for the applicant's persecution or fear
of persecution;
``(bb) the persecution or feared
persecution would not have occurred or would
not occur in the future but for a protected
ground; or
``(cc) the persecution or feared
persecution had or will have the effect of
harming the person because of a protected
ground.
``(E) Where past or feared persecution by a nonstate actor is
unrelated to a protected asylum ground, the causal nexus link is
established if the state's failure to protect the asylum applicant from
the nonstate actor is on account of a protected asylum ground.''.
(b) Conforming Amendment.--Section 208(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(1)) is amended by striking ``section
101(a)(42)(A)'' each place it appears and inserting ``section
101(a)(42)(A)(i)''.
SEC. 102. MULTIPLE FORMS OF RELIEF AVAILABLE TO REFUGEES AND ASYLUM
SEEKERS.
(a) In General.--An applicant for admission as a refugee may
simultaneously pursue admission under any visa category for which the
applicant may be eligible.
(b) Asylum Applicants Eligible for Diversity Visas.--Section
204(a)(1)(I) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(I)) is amended by adding at the end the following:
``(iii)(I) An asylum seeker in the United States who is notified
that he or she is eligible for an immigrant visa pursuant to section
203(c) may file a petition with the district director that has
jurisdiction over the district in which the asylum seeker resides (or,
in the case of an asylum seeker who is or was in removal proceedings,
the immigration court in which the removal proceeding is pending or was
adjudicated) to adjust status to that of an alien lawfully admitted for
permanent residence.
``(II) A petition under subclause (I) shall--
``(aa) be filed not later than 30 days before the end of
the fiscal year for which the petitioner receives notice of
eligibility for the visa; and
``(bb) contain such information and be supported by such
documentary evidence as the Secretary of State may require.
``(III) The district director or immigration court shall attempt to
adjudicate each petition under this clause before the last day of the
fiscal year for which the petitioner was selected. Notwithstanding
clause (ii)(II), if the district director or immigration court is
unable to complete such adjudication during such fiscal year, the
adjudication and adjustment of status of the petitioner may take place
after the end of such fiscal year.''.
SEC. 103. ELIMINATION OF TIME LIMITS ON ASYLUM APPLICATIONS.
Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1158(a)(2)) is amended--
(1) in subparagraph (A), by inserting ``or the Secretary of
Homeland Security'' after ``Attorney General'' each place such
term appears;
(2) by striking subparagraphs (B) and (D);
(3) by redesignating subparagraph (C) as subparagraph (B);
(4) in subparagraph (B), as redesignated, by striking
``subparagraph (D)'' and inserting ``subparagraphs (C) and
(D)''; and
(5) by inserting after subparagraph (B), as redesignated,
the following:
``(C) Changed circumstances.--Notwithstanding
subparagraph (B), an application for asylum of an alien
may be considered if the alien demonstrates, to the
satisfaction of the Attorney General or the Secretary
of Homeland Security, the existence of changed
circumstances that materially affect the applicant's
eligibility for asylum.
``(D) Motion to reopen certain meritorious
claims.--Notwithstanding subparagraph (B) or section
240(c)(7), an alien may file a motion to reopen an
asylum claim during the 2-year period beginning on the
date of the enactment of the Refugee Protection Act of
2019 if the alien--
``(i)(I) was denied asylum based solely on
a failure to meet the 1-year application filing
deadline in effect on the date on which the
application was filed;
``(II) was granted withholding of removal
to the alien's country of nationality (or, in
the case of a person having no nationality, to
the country of last habitual residence) under
section 241(b)(3);
``(III) has not obtained lawful permanent
residence in the United States pursuant to any
other provision of law; and
``(IV)(aa) is not subject to the safe third
country exception under subparagraph (A) or to
a bar to asylum under subsection (b)(2); and
``(bb) was not denied asylum as a matter of
discretion; or
``(ii) was denied asylum based solely on
the implementation of--
``(I) the policy memorandum of the
U.S. Citizenship and Immigration
Services entitled `Guidance for
Processing Reasonable Fear, Credible
Fear, Asylum, and Refugee Claims in
Accordance with Matter of A-B-' (PM-
602-0162), dated July 11, 2018;
``(II) the memorandum of the Office
of the Principal Legal Advisor of U.S.
Immigration and Customs Enforcement
entitled `Litigating Domestic Violence-
Based Persecution Claims Following
Matter of A-B-', dated July 11, 2018;
``(III) the interim final rule of
the Department of Homeland Security and
the Department of Justice entitled
`Aliens Subject to a Bar on Entry Under
Certain Presidential Proclamations;
Procedures for Protection Claims' (83
Fed. Reg. 55934 (November 9, 2019));
``(IV) Presidential Proclamation
9822, issued on November 9, 2018 (83
Fed. Reg. 57661);
``(V) the migrant protection
protocols announced by the Secretary of
Homeland Security on December 20, 2018
(or any successor protocols);
``(VI) the policy memorandum of the
U.S. Citizenship and Immigration
Services entitled `Guidance for
Implementing Section 235(b)(2)(C) of
the Immigration and Nationality Act and
the Migrant Protection Protocols' (PM-
602-0169), dated January 28, 2019; or
``(VII) any other policy memorandum
of the Department of Homeland Security
to implement the protocols described in
subclause (V).''.
SEC. 104. CONSIDERATION OF ASYLUM CLAIMS.
(a) Conditions for Granting Asylum.--
(1) In general.--Section 208(b)(1)(B) of the Immigration
and Nationality Act (8 U.S.C. 1158(b)(1)(B)) is amended--
(A) in clause (ii), by striking the last sentence
and inserting the following: ``If the trier of fact
determines that the applicant should provide evidence
that corroborates otherwise credible testimony, the
trier of fact shall provide notice and allow the
applicant a reasonable opportunity to file such
evidence. The trier of fact may not require such
evidence if the applicant does not have the evidence
and demonstrates that he or she cannot reasonably
obtain the evidence. Evidence shall not be considered
reasonably obtainable if procurement of such evidence
would reasonably endanger the life or safety of any
person.'';
(B) by striking clause (iii); and
(C) by inserting after clause (ii) the following:
``(iii) Supporting evidence accepted.--
Direct or circumstantial evidence, including
evidence that the government of the applicable
country is unable or unwilling to protect
individuals of the applicant's race, religion,
nationality, particular social group, or
political opinion, or that the legal or social
norms of the country tolerate persecution
against individuals of the applicant's race,
religion, nationality, particular social group,
or political opinion, may establish that
persecution is on account of race, religion,
nationality, membership in a particular social
group, or political opinion.
``(iv) Credibility determination.--
``(I) In general.--Subject to
subclause (II), a trier of fact may
conduct a credibility assessment in the
context of evaluating an applicant's
claim for asylum.
``(II) Procedural and substantive
requirements.--
``(aa) Objectivity.--
Decisions regarding credibility
shall be made objectively,
impartially, and individually.
``(bb) Material facts.--A
credibility assessment under
this clause may only be
conducted on the material facts
of the applicant's claim. The
perception of the trier of fact
with respect to the applicant's
general truthfulness or
trustworthiness shall not be
relevant to assessing
credibility of material facts.
``(cc) Detail and
specificity.--In assessing
credibility, a trier of fact
may consider the detail and
specificity of information
provided by the applicant, the
internal consistency of the
applicant's statements, and the
consistency of the applicant's
statements with available
external information. In
considering such information
and statements, the trier of
fact shall consider the
applicant's contextual
circumstances, including--
``(AA) exposure to
trauma;
``(BB) age;
``(CC) gender,
sexual orientation, or
gender identity;
``(DD) educational
background;
``(EE) physical or
mental health issues;
``(FF) shame,
stigma, or denial;
``(GG)
communication
difficulties;
``(HH)
intercultural barriers;
and
``(II) the
circumstances under
which such statements
were made.
``(dd) Duty to assist.--A
trier of fact shall have an
affirmative duty to assist the
applicant in providing credible
testimony.
``(ee) Consistency with
scientific literature.--A
credibility assessment
conducted under this clause,
and any credibility finding
made, shall be consistent with
current scientific literature
relating to behavioral
indicators of truth-telling,
the nature of traumatic
memories, and the ability of
trauma survivors to recall
aspects of, and surrounding, a
traumatic event.
``(ff) Timing.--A
credibility assessment under
this clause may not be made
until after--
``(AA) an interview
of the applicant; and
``(BB) all relevant
evidence has been
collected and
considered.
``(gg) Opportunity to
respond.--If a trier of fact
doubts the credibility of the
applicant, the trier of fact
shall specify any such doubt to
the applicant and provide the
applicant a meaningful
opportunity to respond.
``(hh) Clear findings.--The
result of a credibility
assessment under this clause
shall include clear findings
based on and supported by
evidence, after consideration
of all of the relevant evidence
consistent with items (cc) and
(dd), that describes the
material facts that are
accepted as credible and the
material facts that are
rejected as not credible, and
the reason for such acceptance
or rejection.
``(ii) Rebuttable
presumption.--If an adverse
credibility determination is
not explicitly made, the
applicant shall have a
rebuttable presumption of
credibility on appeal.''.
(2) Conforming amendment.--Section 241(b)(3)(C) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(C)) is
amended by striking ``and (iii)'' and inserting ``through
(iv)''.
(b) Clarification on Asylum Eligibility.--Section 208(b)(2) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)) is amended by
striking subparagraph (C) and inserting the following:
``(C) Clarification on asylum eligibility.--
Notwithstanding any other provision of law, the
eligibility of an alien for asylum shall be governed
solely by this section.''.
(c) Third-Country Transit.--Section 208(b)(2) of the Immigration
and Nationality Act (8 U.S.C. 1158(b)(2) is amended by adding at the
end the following:
``(E) Third-country transit.--A stay by an
applicant in a third country that does not amount to
firm resettlement shall not be grounds for
discretionary denial of asylum.''.
(d) Initial Jurisdiction Over Asylum Applications.--Section 208(b)
of the Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended--
(1) in paragraph (3), by striking subparagraph (C); and
(2) by adding at the end the following:
``(4) Initial jurisdiction.--
``(A) In general.--An asylum officer (as defined in
section 235(b)(1)(E)) shall have initial jurisdiction
over any asylum application regardless of whether filed
in accordance with this section or section 235(b).
``(B) Final order of removal entered.--In the case
of an alien with respect to whom a final order of
removal was previously entered, an asylum officer shall
have initial jurisdiction over any application for
withholding of removal under section 241(b)(3) or
protection under the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York December 10, 1984,
regardless of whether such an application is filed in
accordance with this section or section 235(b).''.
(e) Modification of Definition of Asylum Officer.--Section
235(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(E)) is amended to read as follows:
``(E) Asylum officer defined.--
``(i) In general.--In this paragraph, the
term `asylum officer' means an immigration
officer who--
``(I) has had professional training
in country conditions, asylum law, and
nonadversarial interviewing techniques
necessary for adjudication of
applications under section 208;
``(II) adjudicates applications
under that section on a full-time
basis; and
``(III) is supervised by an officer
who--
``(aa) meets the condition
described in subclause (I); and
``(bb) has had substantial
experience adjudicating asylum
applications.
``(ii) Exceptional circumstances.--
``(I) In general.--The Secretary of
Homeland Security may, only in
exceptional circumstances and to
protect national security, designate
one or more individuals who do not meet
the condition described in clause
(i)(III) to act as temporary asylum
officers.
``(II) Limitation.--An individual
designated as a temporary asylum
officer under subclause (I) may not
hold or have held in the preceding 3
years a position the central function
of which is immigration enforcement,
including Border Patrol agents, Customs
and Border Protection officers, and
Immigration and Customs Enforcement
officers.
``(III) Annual report.--During any
period in which the Secretary of
Homeland Security designates one or
more temporary asylum officers, not
later than 30 days after such
designation, the Secretary of Homeland
Security shall submit to Congress a
report that includes--
``(aa) a justification for
the designation;
``(bb) the number of
officers designated;
``(cc) the duration of
service of such officers;
``(dd) the number of
interviews conducted by such
officers;
``(ee) with respect to
applications for asylum,
withholding of removal under
section 241(b)(3), and
protection under the Convention
against Torture adjudicated by
such officers, the rate of
grants, denials, referrals, and
otherwise closed applications;
and
``(ff) with respect to
credible fear determinations
carried out by such officers,
the rate of positive, negative,
and otherwise closed
determinations.''.
(f) Removal Proceedings.--Section 240(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1229a(c)(4)) is amended--
(1) in subparagraph (B), by striking the last sentence and
inserting the following: ``If the trier of fact determines that
the applicant should provide evidence that corroborates
otherwise credible testimony, the trier of fact shall provide
notice and allow the applicant a reasonable opportunity to file
such evidence. The trier of fact may not require such evidence
if the applicant does not have the evidence and demonstrates
that he or she cannot reasonably obtain the evidence. Evidence
shall not be considered reasonably obtainable under this
subparagraph if procurement of such evidence would reasonably
endanger the life or safety of any person in the applicant's
home country.''; and
(2) in subparagraph (C), in the first sentence, by striking
``, without regard to whether an inconsistency, inaccuracy, or
falsehood goes to the heart of the applicant's claim, or any
other relevant factor'' and inserting ``If the trier of fact
determines that there are inconsistencies or omissions, the
alien shall be given an opportunity to explain and provide
support or evidence to clarify such inconsistencies or
omissions.''.
SEC. 105. TRANSPARENCY IN REFUGEE DETERMINATIONS.
Section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)) is amended by adding at the end the following:
``(5) The adjudicator of an application for refugee status under
this section shall consider all relevant evidence and maintain a record
of the evidence considered.
``(6) An applicant for refugee status may be represented, including
at a refugee interview, at no expense to the Government, by an attorney
or accredited representative who--
``(A) was chosen by the applicant; and
``(B) is authorized by the Secretary of Homeland Security
to be recognized as the representative of such applicant in an
adjudication under this section.
``(7)(A) A decision to deny an application for refugee status under
this section--
``(i) shall be in writing; and
``(ii) shall cite the specific applicable provisions of
this Act upon which such denial was based, including--
``(I) the facts underlying the determination; and
``(II) whether there is a waiver of inadmissibility
available to the applicant.
``(B) The basis of any negative credibility finding shall be part
of the written decision.
``(8)(A) An applicant who is denied refugee status under this
section may file a request with the Secretary for a review of his or
her application not later than 120 days after such denial.
``(B) A request filed under subparagraph (A) shall be adjudicated
by refugee officers who have received training on considering requests
for review of refugee applications that have been denied.
``(C) The Secretary shall publish the standards applied to a
request for review under this paragraph.
``(D) A request for review under this paragraph may result in the
decision being granted, denied, or reopened for a further interview.
``(E) A decision on a request for review under this paragraph
shall--
``(i) be in writing; and
``(ii) provide, to the maximum extent practicable,
information relating to the reason for the denial.''.
SEC. 106. EMPLOYMENT AUTHORIZATION FOR ASYLUM SEEKERS AND OTHER
INDIVIDUALS.
(a) Asylum Seekers.--Paragraph (2) of section 208(d) of the
Immigration and Nationality Act (8 U.S.C. 1158(d)) is amended to read
as follows:
``(2) Employment authorization.--
``(A) Eligibility.--The Secretary of Homeland
Security shall authorize employment for an applicant
for asylum who is not in detention and the application
for asylum of whom has not been determined frivolous.
``(B) Application.--An applicant for asylum who is
not otherwise eligible for employment authorization
shall not be granted such authorization before the date
that is 30 days after the date of filing of the
application for asylum.
``(C) Term.--Employment authorization for an
applicant for asylum shall be--
``(i) for a period of 2 years; and
``(ii) renewable for additional 2-year
periods for the entire continuous period
necessary to adjudicate the asylum claim of the
applicant, including administrative or judicial
review.''.
(b) Individuals Granted Withholding of Removal.--Section 241(b)(3)
of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is amended
by adding at the end the following:
``(D) Employment authorization.--
``(i) Eligibility.--The Secretary of
Homeland Security shall authorize employment
for an alien granted withholding of removal
under this paragraph or deferral of removal
under the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York December 10, 1984.
``(ii) Term.--Employment authorization for
an alien described in clause (i) shall be--
``(I) for a period of 2 years; and
``(II) renewable for additional 2-
year periods for the duration of such
withholding of removal or deferral of
removal status.''.
SEC. 107. ADMISSION OF REFUGEES AND ASYLEES AS LAWFUL PERMANENT
RESIDENTS.
(a) Asylees.--Section 208(b)(3) of the Immigration and Nationality
Act (8 U.S.C. 1158(b)(3)), as amended by section 104(d), is further
amended by adding at the end the following:
``(C) Petition.--An alien granted asylum under this
subsection may petition for the same status to be
conferred on his or her spouse or child at any time
after such alien is granted asylum whether or not such
alien has applied for, or been granted, adjustment to
permanent resident status under section 209.
``(D) Permanent resident status.--Notwithstanding
any numerical limitations under this Act, a spouse or
child admitted to the United States as an asylee
following to join a spouse or parent previously granted
asylum may be regarded as lawfully admitted to the
United States for permanent residence as of the date of
the admission to the United States of such spouse or
child admission to the United States, if admissible
under section 209.
``(E) Application for adjustment of status.--A
spouse or child who was not admitted to the United
States pursuant to a grant of asylum, but who was
granted asylum under this subparagraph after his or her
arrival as the spouse or child of an alien granted
asylum under section 208, may apply for adjustment of
status to that of lawful permanent resident under
section 209 at any time after being granted asylum.''.
(b) Refugees.--Section 209 of the Immigration and Nationality Act
(8 U.S.C. 1159) is amended to read as follows:
``SEC. 209. TREATMENT OF ALIENS ADMITTED AS REFUGEES AND OF ALIENS
GRANTED ASYLUM.
``(a) In General.--
``(1) Treatment of refugee families.--Any alien may be
lawfully admitted to the United States for permanent residence
at the time of initial admission to the United States if the
alien--
``(A) has been approved for admission to the United
States--
``(i) under section 207 or 208; or
``(ii) under section 208(b)(3) as the
spouse or child of an alien granted asylum
under section 208(b)(1); and
``(B) is admissible under section 212 (except as
otherwise provided in subsections (b) and (c)).
``(2) Adjustment of status.--
``(A) In general.--The Secretary of Homeland
Security or the Attorney General, in the discretion of
the Secretary or the Attorney General, and under such
regulations as the Secretary or the Attorney General
may prescribe, may adjust, to the status of an alien
lawfully admitted to the United States for permanent
residence, the status of any alien who, while in the
United States--
``(i) is granted--
``(I) asylum under section 208(b)
(as a principal alien or as the spouse
or child of an alien granted asylum);
or
``(II) refugee status under section
207 as the spouse or child of a
refugee;
``(ii) applies for such adjustment of
status at any time after being granted asylum
or refugee status;
``(iii) is not firmly resettled in any
foreign country; and
``(iv) is admissible (except as otherwise
provided under subsections (b) and (c)) as an
immigrant under this Act at the time of
examination for adjustment of such alien.
``(B) Applicability.--This paragraph shall apply to
any alien lawfully admitted for permanent residence
under section 207 or 208 before the date of the
enactment of the Refugee Protection Act of 2019.
``(3) Record.--Upon approval of an application under this
subsection, the Secretary of Homeland Security or the Attorney
General shall establish a record of the alien's admission for
lawful permanent residence as of the date such alien was
granted asylum or refugee status.
``(b) Inapplicability of Certain Inadmissibility Grounds to
Refugees, Aliens Granted Asylum, and Such Aliens Seeking Adjustment of
Status to Lawful Permanent Resident.--Paragraphs (4), (5), and (7)(A)
of section 212(a) shall not apply to--
``(1) any refugee under section 207;
``(2) any alien granted asylum under section 208; or
``(3) any alien seeking admission as a lawful permanent
resident pursuant to a grant of refugee or asylum status.
``(c) Waiver of Inadmissibility or Deportability for Refugees,
Aliens Granted Asylum, and Such Aliens Seeking Adjustment of Status to
Lawful Permanent Resident.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary of Homeland Security or the Attorney General may
waive any ground under section 212 or 237 for aliens admitted
pursuant to section 207 or 208, or seeking admission as a
lawful permanent resident pursuant to subsection (a), if such a
waiver is justified by humanitarian purposes, to ensure family
unity, or is otherwise in the public interest.
``(2) Ineligibility.--Aliens admitted pursuant to section
207 or 208, or seeking admission as a lawful permanent resident
pursuant to subsection (a), shall be ineligible for a waiver
under paragraph (1) if it has been established that the alien
is--
``(A) inadmissible under section 212(a)(2)(C) or
subparagraph (A), (B), (C), or (E) of section
212(a)(3);
``(B) deportable under section 237(a)(2)(A)(iii)
for an offense described in section 101(a)(43)(B); or
``(C) deportable under subparagraph (A), (B), (C),
or (D) of section 237(a)(4).''.
(c) Clarification.--Aliens admitted for lawful permanent residence
pursuant to paragraph (1) of section 209(a) of the Immigration and
Nationality Act, as amended by subsection (b), or who adjust their
status pursuant to paragraph (2) of such section, shall be considered
to be refugees and aliens granted asylum in accordance with sections
402, 403, 412, and 431 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612, 1613, 1622, and
1641).
(d) Technical and Conforming Amendments.--
(1) Aliens not subject to direct numerical limitations.--
Section 201(b)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(1)(B)) is amended to read as follows:
``(B) Aliens who are admitted to the United States
as permanent residents under section 207 or 208 or
whose status is adjusted under section 209.''.
(2) Training.--Section 207(f)(1) of such Act (8 U.S.C.
1157(f)(1)) is amended by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''.
(3) Fees for adjustment.--Section 208(d)(3) of such Act (8
U.S.C. 1158(d)(3)) is amended by striking ``section 209(b)''
and inserting ``section 209(a)(2)''.
(4) Commonwealth of the northern mariana islands.--Section
208(e) of such Act (8 U.S.C. 1158(e)) is amended by striking
``section 209(b)'' and inserting ``section 209(a)(2)''.
(5) Table of contents.--The table of contents for such Act
is amended by striking the item relating to section 209 and
inserting the following:
``Sec. 209. Treatment of aliens admitted as refugees and of aliens
granted asylum.''.
Subtitle B--Protections for Children and Families
SEC. 111. KEEPING FAMILIES TOGETHER.
(a) Modification of Definition of Child.--Section 101(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is amended by--
(1) in subparagraph (E)(ii), by striking ``; or'' and
inserting a semicolon;
(2) in subparagraph (F)(ii), by striking the period at the
end and inserting a semicolon;
(3) in subparagraph (G)(iii)(III), by striking the period
at the end and inserting ``; or''; and
(4) by adding at the end the following:
``(H)(i) a child under the age of 18 at the time an
application is filed to accord a principal alien
refugee status--
``(I) who is an orphan because of the death
or disappearance of, abandonment or desertion
by, or separation or loss from, both parents;
or
``(II) for whom the sole or surviving
parent is incapable of providing the proper
care and has, in writing, irrevocably released
the child for emigration and adoption;
``(ii) who has been living in a country of asylum
under the care of such principal alien; and
``(iii) for whom the Secretary of Homeland Security
is satisfied that proper care will be furnished if the
child is admitted to the United States.''.
(b) Admission of Refugee Families and Timely Adjudication.--
Paragraph (2) of section 207(c) of the Immigration and Nationality Act
(8 U.S.C. 1157(c)) is amended to read as follows:
``(2)(A)(i) Irrespective of the date on which such refugee was
admitted to the United States, the spouse or a child (as defined in
section 101(b)(1)) of any refugee, or the parent or de facto guardian
(as determined by the Secretary of Homeland Security) of such a child
who qualifies for admission under paragraph (1), if not otherwise
entitled to admission under such paragraph and not described in section
101(a)(42)(B), shall be entitled to the same admission status as such
refugee if--
``(I) accompanying, or following to join, such refugee; and
``(II) admissible (except as otherwise provided under
paragraph (3)) as an immigrant under this chapter.
``(ii) The admission to the United States of a spouse, child,
parent, or guardian described in clause (i) shall not be charged
against the numerical limitation established in accordance with the
appropriate subsection under which the refugee's admission is charged.
``(B) A mother or father who seeks to accompany, or follow to join,
an alien granted admission as a refugee under this subsection shall
continue to be classified as a mother or father for purposes of this
paragraph if the alien attained 21 years of age while such application
was pending.
``(C) The parent or de facto guardian (as determined by the
Secretary of Homeland Security) of a refugee child admitted under this
section and was admitted under the Unaccompanied Refugee Minors program
(as described in subparagraph (D), (E), or (H) of section 101(b)(1)
shall be treated in accordance with subparagraph (A) if such parent or
guardian seeks to follow to join such refugee child and the minor
consents to being joined by such individual.
``(D)(i) Not later than 1 year after the date on which an
application for refugee status is filed under this paragraph--
``(I) required screenings and background checks shall be
completed; and
``(II) the application shall be adjudicated.
``(ii) The adjudication of an application may exceed the timeframe
under clause (i) only in exceptional circumstances in which additional
time to process an application is necessary to satisfy national
security concerns, if the Secretary of Homeland Security has--
``(I) made a determination that the applicant meets the
requirements for refugee status under this section; and
``(II) notified the applicant of such determination.''.
(c) Treatment of Asylee Families and Timely Adjudication.--Section
208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(3)),
as amended by sections 104(d) and 107(a), is further amended--
(1) in subparagraph (A), by striking ``or following to
join, such alien'' and inserting, ``or following to join, such
alien, irrespective of the date on which such alien was granted
asylum''; and
(2) by adding at the end the following:
``(F) Children of asylee spouses.--A child (as
defined in subparagraph (A), (B), (C), (D), or (E) of
section 101(b)(1)) born to the asylee spouse who
qualifies for admission under paragraph (A) shall, if
not otherwise eligible for asylum under this section,
be granted the same status as such asylee spouse if
accompanying, or following to join, such asylee spouse.
``(G) Application process.--
``(i) In general.--Not later than 1 year
after the date on which an application for
refugee status is filed under this paragraph--
``(I) required screenings and
background checks shall be completed;
and
``(II) the application shall be
adjudicated.
``(ii) Exception.--The adjudication of an
application may exceed the timeframe under
clause (i) only in exceptional circumstances in
which additional time to process an application
is necessary to satisfy national security
concerns, if the Secretary of Homeland Security
has--
``(I) made a determination that the
applicant meets the requirements for
refugee status under this section; and
``(II) notified the applicant of
such determination.
``(iii) Prohibition on denials due to
processing delays.--An application for asylum
under this paragraph shall not be denied, in
whole or in part, on the basis that processing
could not be completed within the timeframe
under clause (i).''.
SEC. 112. PROTECTIONS FOR MINORS SEEKING ASYLUM.
(a) In General.--Section 208 of the Immigration and Nationality Act
(8 U.S.C. 1158) is amended--
(1) in subsection (a)(2), as amended by section 103, by
amending subparagraph (E) to read as follows:
``(E) Applicability to minors.--Subparagraphs (A),
(B), and (C) shall not apply to an applicant who is
younger than 18 years of age on the earlier of--
``(i) the date on which the asylum
application is filed; or
``(ii) the date on which any notice to
appear is issued.''; and
(2) in subsection (b), in paragraph (4), as added by
section 104(d)(2), by adding at the end the following:
``(C) Applicants under 18 years.--An asylum officer
(as defined in section 235(b)(1)(E)) shall have initial
jurisdiction over any asylum application filed by an
applicant who is younger than 18 years of age on the
earlier of--
``(i) the date on which the asylum
application is filed; or
``(ii) the date on which any notice to
appear is issued.''.
(b) Treatment of Spouse, Children, Mother, and Father Seeking
Asylum.--Section 208(b)(3) of the Immigration and Nationality Act (8
U.S.C. 1158), as amended by section 104(d), is further amended--
(1) in the paragraph heading, by striking ``and children''
and inserting ``, children, mothers, and fathers'';
(2) in subparagraph (A), by striking ``(as defined in
section 101(b)(1)(A), (B), (C), (D), or (E)) of an alien'' and
inserting ``(as defined in subparagraph (A), (B), (C), (D),
(E), or (H) of section 101(b)(1)) of an alien, or the mother or
father of an alien who is such a child,''; and
(3) by amending subparagraph (B) to read as follows:
``(B) Continued classification of certain aliens as
children.--
``(i) Unmarried aliens.--An unmarried alien
who seeks to accompany, or follow to join, a
mother or father granted asylum under this
subsection, and any child of such unmarried
alien, shall continue to be classified as a
child for purposes of this paragraph and shall
be considered a refugee, if--
``(I) the alien was younger than 21
years of age on the date on which such
mother or father applied for asylum
under this section; and
``(II) the alien attained 21 years
of age while such application was
pending.
``(ii) Effect on mothers and fathers.--A
mother or father who seeks to accompany, or
follow to join, an alien granted asylum under
this subsection shall continue to be classified
as a mother or father for purposes of this
paragraph, and together with the spouse or
child of such mother or father, be considered a
refugee, if the alien attained 21 years of age
while such application was pending.''.
(c) Reinstatement of Removal.--Section 241(a) of the Immigration
and Nationality Act (8 U.S.C. 1231(a)) is amended--
(1) in paragraph (5), by striking ``If the Attorney
General'' and inserting ``Except as provided in paragraph (8),
if the Secretary of Homeland Security''; and
(2) by adding at the end the following:
``(8) Applicability of reinstatement of removal.--Paragraph
(5) shall not apply to an alien who--
``(A)(i) reentered the United States illegally
after the alien was previously removed or departed
voluntarily under an order of removal; and
``(ii) was younger than 18 years of age on the date
on which the alien was removed or departed voluntarily
under an order of removal;
``(B) demonstrates to the satisfaction of the
adjudicator that the basis for seeking asylum developed
or amplified after the alien was previously removed or
departed voluntarily under an order of removal;
``(C)(i) was removed pursuant to expedited
procedures under section 235(b); and
``(ii) demonstrates to the satisfaction of an
immigration judge that the expedited removal order was
issued without the alien having been offered the
opportunity to apply for asylum;
``(D) was issued an order of removal after having
been designated under the migrant protection protocols
announced by the Secretary of Homeland Security on
December 20, 2018 (or any successor protocols);
``(E) was deprived of or denied access to asylum
procedures under section 208 solely or primarily as a
result of the implementation of the interim final rule
of the Department of Homeland Security and the
Department of Justice entitled `Aliens Subject to a Bar
on Entry Under Certain Presidential Proclamations;
Procedures for Protection Claims' (83 Fed. Reg. 55934
(November 9, 2019)) or Asylum Eligibility and
Procedural Modifications (84 Fed. Reg. 33829); or
``(F) was ordered removed solely or primarily as a
result of the implementation of--
``(i) the policy memorandum of the U.S.
Citizenship and Immigration Services entitled
`Guidance for Processing Reasonable Fear,
Credible Fear, Asylum, and Refugee Claims in
Accordance with Matter of A-B-' (PM-602-0162),
dated July 11, 2018;
``(ii) the memorandum of the Office of the
Principal Legal Advisor of U.S. Immigration and
Customs Enforcement entitled `Litigating
Domestic Violence-Based Persecution Claims
Following Matter of A-B-', dated July 11, 2018;
``(iii) Presidential Proclamation 9822,
issued on November 9, 2018 (83 Fed. Reg.
57661); or
``(iv) the policy memorandum of the U.S.
Citizenship and Immigration Services entitled
`Guidance for Implementing Section 235(b)(2)(C)
of the Immigration and Nationality Act and the
Migrant Protection Protocols' (PM-602-0169),
dated January 28, 2019.''.
SEC. 113. FAIR DAY IN COURT FOR KIDS.
(a) Improving Immigration Court Efficiency and Reducing Costs by
Increasing Access to Legal Information.--
(1) Appointment of counsel in certain cases; right to
review certain documents in removal proceedings.--Section
240(b) of the Immigration and Nationality Act (8 U.S.C.
1229a(b)) is amended--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``, at no expense
to the Government,''; and
(II) by striking the comma at the
end and inserting a semicolon;
(ii) by redesignating subparagraphs (B) and
(C) as subparagraphs (D) and (E), respectively;
(iii) by inserting after subparagraph (A)
the following:
``(B) the Attorney General may appoint or provide
counsel to aliens in immigration proceedings;
``(C) at the beginning of the proceedings or as
expeditiously as possible, the alien shall
automatically receive a complete copy of the alien's
Alien File (commonly known as an `A-file') and Form I-
862 (commonly known as a `Notice to Appear') in the
possession of the Department of Homeland Security
(other than documents protected from disclosure by
privilege, including national security information
referred to in subparagraph (D), law enforcement-
sensitive information, and information prohibited from
disclosure pursuant to any other provision of law)
unless the alien waives the right to receive such
documents by executing a knowing and voluntary written
waiver in a language that he or she understands
fluently;''; and
(iv) in subparagraph (D), as so
redesignated, by striking ``, and'' and
inserting ``; and''; and
(B) by adding at the end the following:
``(8) Failure to provide required documents to alien.--In
the absence of a waiver under paragraph (4)(C), a removal
proceeding may not proceed until the alien--
``(A) has received the documents required under
such paragraph; and
``(B) has been provided meaningful time to review
and assess such documents.''.
(2) Clarification regarding the authority of the attorney
general to appoint counsel to aliens in immigration
proceedings.--Section 292 of the Immigration and Nationality
Act (8 U.S.C. 1362) is amended--
(A) by striking ``In any'' and inserting the
following:
``(a) In General.--In any'';
(B) in subsection (a), as so designated--
(i) by striking ``(at no expense to the
Government)''; and
(ii) by striking ``he shall'' and inserting
``the person shall''; and
(C) by adding at the end the following:
``(b) Appointment of Counsel.--
``(1) In general.--The Attorney General may appoint or
provide counsel to aliens in any proceeding conducted under
section 235(b), 236, 238, 240, or 241 or any other section of
this Act.
``(2) Access to counsel.--The Secretary of Homeland
Security shall facilitate access to counsel for aliens detained
inside immigration detention and border facilities in any
proceeding conducted under section 235(b), 236, 238, 240, or
241.''.
(3) Appointment of counsel for children and vulnerable
individuals.--
(A) In general.--Section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362), as amended by
paragraph (2), is further amended by adding at the end
the following:
``(c) Children and Vulnerable Individuals.--Notwithstanding
subsection (b), the Attorney General shall appoint counsel, at the
expense of the Government if necessary, at the beginning of the
proceedings or as expeditiously as possible, to represent in such
proceedings any alien who has been determined by the Secretary of
Homeland Security or the Attorney General to be--
``(1) a child;
``(2) a particularly vulnerable individual, such as--
``(A) a person with a disability; or
``(B) a victim of abuse, torture, or violence; or
``(3) an individual whose circumstances are such that the
appointment of counsel is necessary to help ensure fair
resolution and efficient adjudication of the proceedings.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Executive Office for Immigration Review of the
Department of Justice such sums as may be necessary to carry out this
section.''.
(B) Rulemaking.--The Attorney General shall
promulgate regulations to implement section 292(c) of
the Immigration and Nationality Act, as added by
subparagraph (A), in accordance with the requirements
set forth in section 3006A of title 18, United States
Code.
(b) Access to Counsel and Legal Orientation.--
(1) Access to counsel at detention facilities.--The
Secretary shall provide access to counsel for all aliens held
or detained in--
(A) a facility under the supervision of U.S.
Immigration and Customs Enforcement, U.S. Customs and
Border Protection, or the Department of Health and
Human Services; or
(B) any private facility that contracts with the
Federal Government to house, detain, or hold aliens.
(2) Access to legal orientation programs.--
(A) In general.--The Secretary, in consultation
with the Attorney General, shall establish procedures
to ensure that legal orientation programs are available
for all aliens detained by the Department to inform
such aliens of--
(i) the basic procedures of immigration
hearings;
(ii) the rights of aliens relating to such
hearings under Federal immigration law;
(iii) information that may deter such
aliens from filing frivolous legal claims; and
(iv) any other information that the
Attorney General considers appropriate, such as
a contact list of potential legal resources and
providers.
(B) Access.--Access to legal orientation programs
shall not be limited by the alien's current immigration
status, prior immigration history, or potential for
immigration relief.
(C) Role of nongovernmental organizations.--The
Secretary, in consultation with the Attorney General,
shall enter into 1 or more contracts with 1 or more
nongovernmental community-based organizations for the
provision of the legal orientation programs under this
paragraph.
(3) Immigration court information help desk.--The Attorney
General shall expand the existing Immigration Court Helpdesk
pilot program to all detained and nondetained immigration
courts.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Executive Office for Immigration
Review of the Department of Justice such sums as may be
necessary to carry out this subsection.
(c) Report on Access to Counsel.--
(1) Report.--Not later than December 31 of each year, the
Secretary, in consultation with the Attorney General, shall
prepare and submit a report to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives regarding the extent to which aliens
described in section 292(c) of the Immigration and Nationality
Act, as added by subsection (a)(3)(A), have been provided
access to counsel.
(2) Contents.--Each report submitted under paragraph (1)
shall include, for the immediately preceding 1-year period, the
number and percentage of aliens described in paragraphs (1),
(2), and (3), respectively, of section 292(c) of the
Immigration and Nationality Act, as added by subsection
(a)(3)(A), who were represented by counsel, including
information specifying--
(A) the stage of the legal process at which the
alien was represented;
(B) whether the alien was in government custody;
and
(C) the number and percentage of aliens who
received legal orientation presentations.
Subtitle C--Protections for Other Vulnerable Individuals
SEC. 121. MODIFICATION OF PHYSICAL PRESENCE REQUIREMENTS FOR ALIENS
ADMITTED IN SPECIAL IMMIGRANT STATUS FOR PERSONS WHO HAVE
SERVED AS TRANSLATORS FOR THE ARMED FORCES.
(a) In General.--Section 1059(e)(1) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C.
1101 note) is amended to read as follows:
``(1) In general.--
``(A) Continuous residence.--A period of absence
from the United States described in paragraph (2) shall
not be considered to break any period for which
continuous residence in the United States is required
for naturalization under title III of the Immigration
and Nationality Act (8 U.S.C. 1401 et seq.).
``(B) Physical presence.--In the case of a lawful
permanent resident, for an absence from the United
States described in paragraph (2), the time spent
outside of the United States in the capacity described
in paragraph (2) shall be counted towards the
accumulation of the required physical presence in the
United States.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the amendment made by section 1(c)(2) of
the Act entitled ``An Act to increase the number of Iraqi and Afghani
translators and interpreters who may be admitted to the United States
as special immigrants, and for other purposes'', approved June 15, 2007
(Public Law 110-36; 121 Stat. 227).
SEC. 122. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.
(a) In General.--Chapter 1 of title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding at the end
the following:
``SEC. 210A. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.
``(a) Definition of Stateless Person.--In this section, the term
`stateless person' means an individual who is not a national of any
state by operation of its law.
``(b) Designation of Specific Stateless Groups.--The Secretary of
Homeland Security, in consultation with the Secretary of State, may, in
the discretion of the Secretary of Homeland Security, designate
specific groups of individuals who are considered stateless persons,
for purposes of this section.
``(c) Mechanisms for Regularizing the Status of Stateless
Persons.--
``(1) Relief for certain individuals determined to be
stateless persons.--The Secretary of Homeland Security or the
Attorney General shall provide lawful conditional resident
status to an alien who--
``(A) is a stateless person who is present in the
United States;
``(B) applies for such relief;
``(C) has not lost his or her nationality as a
result of voluntary action after arrival in the United
States, unless the loss was the result of duress,
coercion, or a reasonable expectation that he or she
had acquired or would acquire another nationality or
citizenship; and
``(D)(i) is not inadmissible under paragraph (2) or
(3) of section 212(a) based on criminal or national
security grounds; and
``(ii) is not described in section 241(b)(3)(B)(i).
``(2) Waivers.--The Secretary of Homeland Security or the
Attorney General may waive any provisions under paragraph (2)
or (3) of section 212(a) (other than subparagraph (B), (D)(ii),
(E), (G), (H), or (I) of paragraph (2) or subparagraph (A),
(B), (C), (E), or (F) of paragraph (3)) with respect to such an
alien for humanitarian purposes, to assure family unity, or if
it is otherwise in the public interest.
``(3) Submission of passport or travel document.--Any alien
who seeks relief under this section shall submit to the
Secretary of Homeland Security or the Attorney General--
``(A) any available passport or travel document
issued at any time to the alien (whether or not the
passport or document has expired or been canceled,
rescinded, or revoked); or
``(B) an affidavit, sworn under penalty of
perjury--
``(i) stating that the alien has never been
issued a passport or travel document; or
``(ii) identifying with particularity any
such passport or travel document and explaining
why the alien cannot submit it.
``(4) Employment authorization.--The Secretary of Homeland
Security may authorize an alien who has applied for and is
found prima facie eligible for or has been granted relief under
paragraph (1) to engage in employment in the United States.
``(5) Travel documents.--Upon request, the Secretary of
Homeland Security shall provide an alien who has been granted
lawful conditional resident status under paragraph (1) with a
document that facilitates the alien's ability to travel abroad
and be admitted to the United States upon return, if otherwise
admissible.
``(6) Treatment of spouse and children.--The spouse or
child of an alien who has been granted lawful conditional
resident status under paragraph (1) shall, if not otherwise
eligible for admission under paragraph (1), be granted lawful
conditional resident status under this subsection if
accompanying, or following to join, such alien if--
``(A) the spouse or child is admissible (except as
otherwise provided in paragraph (2)) and is not
described in section 241(b)(3)(B)(i); and
``(B) the qualifying relationship to the principal
beneficiary existed on the date on which such alien was
granted conditional lawful status.
``(d) Adjustment of Status.--
``(1) Inspection and examination.--At the end of the 1-year
period beginning on the date on which an alien has been granted
conditional lawful status under subsection (c), the alien may
apply for lawful permanent residence in the United States if--
``(A) the alien has been physically present in the
United States for at least 1 year;
``(B) the alien's conditional lawful status has not
been terminated by the Secretary of Homeland Security
or the Attorney General, pursuant to such regulations
as the Secretary or the Attorney General may prescribe;
and
``(C) the alien has not otherwise acquired
permanent resident status.
``(2) Requirements for adjustment of status.--The Secretary
of Homeland Security or the Attorney General, under such
regulations as the Secretary or the Attorney General may
prescribe, shall adjust the status of an alien granted
conditional lawful status under subsection (c) to that of an
alien lawfully admitted for permanent residence if such alien--
``(A) is a stateless person;
``(B) properly applies for such adjustment of
status;
``(C) has been physically present in the United
States for at least 1 year after being granted
conditional lawful status under subsection (c);
``(D) has not acquired permanent foreign residence
that is substantially likely to result in the
acquisition of citizenship; and
``(E) is admissible (except as otherwise provided
under subsection (c)(2)) as an immigrant under this
chapter at the time of examination of such alien for
adjustment of status.
``(3) Record.--Upon approval of an application under this
subsection, the Secretary of Homeland Security or the Attorney
General shall establish a record of the alien's admission for
lawful permanent residence as of the date that is 1 year before
the date of such approval.
``(e) Travel Documents.--Upon request, the Secretary of Homeland
Security shall provide an alien lawfully admitted for permanent
residence under subsection (d) with a document that facilitates the
alien's ability to travel abroad and be admitted to the United States
upon return, if otherwise admissible.
``(f) Proving the Claim.--
``(1) In general.--In determining an alien's eligibility
for lawful conditional resident status or lawful permanent
resident status under this section, the Secretary of Homeland
Security or the Attorney General shall consider any credible
evidence relevant to the application, including information
from the Secretary of State, especially the Bureau of
Population, Refugees, and Migration and the Bureau of
Democracy, Human Rights, and Labor.
``(2) Burden of proof.--In determining an alien's
eligibility for lawful conditional resident status or lawful
permanent resident status under this section--
``(A) the applicant shall provide a full and
truthful account of his or her legal status in any
country in which the applicant was born or resided
before entering the United States and submit all
evidence reasonably available; and
``(B) the Secretary of Homeland Security shall
obtain and submit to the immigration officer or
immigration judge and the applicant or, as applicable,
the applicant's counsel, all available evidence
regarding the applicant's legal status in the country
of birth or prior residence.
``(g) Review.--
``(1) Administrative review.--No appeal shall lie from the
denial of an application by the Secretary of Homeland Security,
but such denial will be without prejudice to the alien's right
to renew the application in proceedings under section 240.
``(2) Motions to reopen.--
``(A) In general.--Notwithstanding any limitation
imposed by law on motions to reopen removal,
deportation, or exclusion proceedings, any individual
who is eligible for relief under this section may file
a motion to reopen proceedings in order to apply for
relief under this section.
``(B) Deadlines.--Any motion under subparagraph (A)
shall be filed not later than the later of--
``(i) 2 years after the date of the
enactment of the Refugee Protection Act of
2019; or
``(ii) 90 days after the date of entry of a
final administrative order of removal,
deportation, or exclusion.
``(C) Effect of other limitations.--No time or
numerical limitation may be construed to restrict the
filing of a motion to reopen under this section if such
limitation is based on previously unavailable or
changed facts or circumstances that would undermine an
applicant's access to nationality that was previously
alleged by the Secretary of Homeland Security or the
applicant.
``(h) Limitations.--
``(1) Applicability.--Except under paragraph (5) of
subsection (c), the provisions of this section shall only apply
to aliens present in the United States.
``(2) Savings provision.--Nothing in this section may be
construed to authorize or require--
``(A) except under paragraphs (5) and (6) of
subsection (c), the admission of any alien to the
United States; or
``(B) the parole of any alien into the United
States.''.
(b) Conforming Amendment.--Section 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(4)) is amended by inserting ``to
aliens granted adjustment of status under section 210A(c) or'' after
``level,''.
(c) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act is amended by inserting after the item relating to
section 210 the following:
``Sec. 210A. Protection of stateless persons in the United States.''.
SEC. 123. PROTECTING VICTIMS OF TERRORISM FROM BEING DEFINED AS
TERRORISTS.
(a) Security and Related Grounds.--Section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended to
read as follows:
``(B) Terrorist activities.--
``(i) In general.--Any alien who--
``(I) has engaged in a terrorist
activity;
``(II) a consular officer, the
Attorney General, or the Secretary of
Homeland Security knows, or has
reasonable grounds to believe, is
engaged in or is likely to engage after
entry in any terrorist activity (as
defined in clause (iv));
``(III) has, under circumstances
indicating an intention to cause death
or serious bodily harm, incited
terrorist activity;
``(IV) is a representative (as
defined in clause (v)) of--
``(aa) a terrorist
organization described in
subclause (I) or (II) of clause
(vi);
``(bb) a terrorist
organization described in
subclause (III) of such clause,
and there are reasonable
grounds for regarding the alien
as a danger to the security of
the United States; or
``(cc) a political, social,
or other group that endorses or
espouses terrorist activity;
``(V) is a member of a terrorist
organization described in subclause (I)
or (II) of clause (vi);
``(VI) is a member of a terrorist
organization described in clause
(vi)(III), unless the alien can
demonstrate by clear and convincing
evidence that the alien did not know,
and should not reasonably have known,
that the organization was a terrorist
organization, and there are reasonable
grounds for regarding the alien as a
danger to the security of the United
States;
``(VII) endorses or espouses
terrorist activity or persuades others
to endorse or espouse terrorist
activity or to support a terrorist
organization described in subclause (I)
or (II) of clause (vi);
``(VIII) has received military-type
training (as defined in section 2339D
(c)(1) of title 18, United States Code)
from or on behalf of any organization
that, at the time the training was
received, was a terrorist organization
described in subclause (I) or (II) of
clause (vi)), or was a terrorist
organization described in subclause
(III) of such clause and there are
reasonable grounds for regarding the
alien as a danger to the security of
the United States; or
``(IX) is the spouse or child of an
alien who is inadmissible under this
subparagraph, if the activity causing
the alien to be found inadmissible
occurred within the last 5 years,
is inadmissible. An alien who is an officer,
official, representative, or spokesman of the
Palestine Liberation Organization is
considered, for purposes of this Act, to be
engaged in a terrorist activity.
``(ii) Exception.--Subclause (IX) of clause
(i) does not apply to a spouse or child--
``(I) who did not know or should
not reasonably have known of the
activity causing the alien to be found
inadmissible under this section; or
``(II) who the consular officer or
Attorney General has reasonable grounds
to believe has renounced the activity
causing the alien to be found
inadmissible under this section.
``(iii) Terrorist activity defined.--In
this Act, the term `terrorist activity' means
any activity that is unlawful under the laws of
the place in which it is committed (or which,
if it had been committed in the United States,
would be unlawful under the laws of the United
States or any State) and that involves any of
the following:
``(I) The highjacking or sabotage
of any conveyance (including an
aircraft, vessel, or vehicle).
``(II) The seizing or detaining,
and threatening to kill, injure, or
continue to detain, another individual
in order to compel a third person
(including a governmental organization)
to carry out or abstain from carrying
out any act as an explicit or implicit
condition for the release of the
individual seized or detained.
``(III) A violent attack upon an
internationally protected person (as
defined in section 1116(b)(4) of title
18, United States Code) or upon the
liberty of such person.
``(IV) An assassination.
``(V) The use, with the intent to
endanger the safety of 1 or more
individuals or to cause substantial
damage to property, of any--
``(aa) biological agent,
chemical agent, or nuclear
weapon or device; or
``(bb) explosive, firearm,
or other weapon or dangerous
device (other than for mere
personal monetary gain), with
intent to endanger, directly or
indirectly, the safety of one
or more individuals or to cause
substantial damage to property.
``(VI) A threat, attempt, or
conspiracy to do any of the foregoing.
``(iv) Engage in terrorist activity
defined.--In this Act, the term `engage in
terrorist activity' means, in an individual
capacity or as a member of an organization--
``(I) to commit or to incite to
commit, under circumstances indicating
an intention to cause death or serious
bodily injury, a terrorist activity;
``(II) to prepare or plan a
terrorist activity;
``(III) to gather information on
potential targets for terrorist
activity;
``(IV) to solicit funds or other
things of value for--
``(aa) a terrorist
activity;
``(bb) a terrorist
organization described in
subclause (I) or (II) of clause
(vi)(II); or
``(cc) a terrorist
organization described in
subclause (III) of such clause
(unless the solicitor
demonstrates by clear and
convincing evidence that he did
not know, and should not
reasonably have known, that the
organization was a terrorist
organization) if there are
reasonable grounds for
regarding the solicitor as a
danger to the security of the
United States;
``(V) to solicit any individual--
``(aa) to engage in conduct
otherwise described in this
subsection;
``(bb) for membership in a
terrorist organization
described in subclause (I) or
(II) of clause (vi); or
``(cc) for membership in a
terrorist organization
described in subclause (III) of
such clause (unless the
solicitor demonstrates by clear
and convincing evidence that he
did not know, and should not
reasonably have known, that the
organization was a terrorist
organization) if there are
reasonable grounds for
regarding the solicitor as a
danger to the security of the
United States; or
``(VI) to commit an act that the
actor knows, or reasonably should know,
affords material support, including a
safe house, transportation,
communications, funds, transfer of
funds or other material financial
benefit, false documentation or
identification, weapons (including
chemical, biological, or radiological
weapons), explosives, or training--
``(aa) for the commission
of a terrorist activity;
``(bb) to any individual
who the actor knows, or
reasonably should know, has
committed or plans to commit a
terrorist activity;
``(cc) to a terrorist
organization described in
subclause (I) or (II) of clause
(vi) or to any member of such
an organization; or
``(dd) to a terrorist
organization described in
subclause (III) of such clause,
or to any member of such an
organization, unless the actor
can demonstrate by clear and
convincing evidence that the
actor did not know, and should
not reasonably have known, that
the organization was a
terrorist organization, if
there are reasonable grounds
for regarding the actor as a
danger to the security of the
United States.
``(v) Representative defined.--In this
paragraph, the term `representative' includes
an officer, official, or spokesman of an
organization, and any person who directs,
counsels, commands, or induces an organization
or its members to engage in terrorist activity.
``(vi) Terrorist organization defined.--In
this section, the term `terrorist organization'
means an organization--
``(I) designated under section 219;
``(II) otherwise designated, upon
publication in the Federal Register, by
the Secretary of State in consultation
with or upon the request of the
Attorney General or the Secretary of
Homeland Security, as a terrorist
organization, after finding that the
organization engages in the activities
described in subclauses (I) through
(VI) of clause (iv); or
``(III) that is a group of two or
more individuals, whether organized or
not, that engages in, or has a subgroup
that engages in, the activities
described in subclauses (I) through
(VI) of clause (iv).''.
(b) Child Soldiers.--
(1) Inadmissibility.--Section 212(a)(3)(G) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(G)) is
amended--
(A) by striking ``Any alien'' and inserting the
following:
``(i) In general.--Any alien''; and
(B) by adding at the end the following:
``(ii) Applicability.--Clause (i) shall not
apply to an alien who establishes that the
actions giving rise to inadmissibility under
such clause were committed under duress or
carried out while the alien was younger than 18
years of age.''.
(2) Deportability.--Section 237(a)(4)(F) of such Act (8
U.S.C. 1227(a)(4)(F)) is amended--
(A) by striking ``Any alien'' and inserting the
following:
``(i) In general.--Any alien''; and
(B) by adding at the end the following:
``(ii) Applicability.--Clause (i) shall not
apply to an alien who establishes that the
actions giving rise to deportability under such
clause were committed under duress or carried
out while the alien was younger than 18 years
of age.''.
(c) Temporary Admission of Nonimmigrants.--Section 212(d)(3)(B)(i)
of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is
amended to read as follows:
``(B)(i) The Secretary of State, after consultation with
the Attorney General and the Secretary of Homeland Security, or
the Secretary of Homeland Security, after consultation with the
Secretary of State and the Attorney General, may conclude, in
such Secretary's sole, unreviewable discretion, that subsection
(a)(3)(B) shall not apply to an alien or that subsection
(a)(3)(B)(iii)(V)(cc) shall not apply to a group. The Secretary
of State may not exercise discretion under this clause with
respect to an alien after removal proceedings against the alien
have commenced under section 240.''.
SEC. 124. PROTECTION FOR ALIENS INTERDICTED AT SEA.
(a) In General.--Section 241(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)), as amended by section 106, is
amended--
(1) in the paragraph heading, by striking ``to a country
where alien's life or freedom would be threatened'' and
inserting ``or return if refugee's life or freedom would be
threatened or alien would be subjected to torture'';
(2) in subparagraph (A)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(i) Life or freedom threatened.--
Notwithstanding''; and
(B) by adding at the end the following:
``(ii) Asylum interview.--Notwithstanding
paragraphs (1) and (2), a United States officer
may not return any alien interdicted or
otherwise encountered in international waters
or United States waters who has expressed a
fear of return to his or her country of
departure, origin, or last habitual residence--
``(I) until such alien has been
granted a confidential interview by an
asylum officer, in a language the alien
claims to understand, to determine
whether that alien has a well-founded
fear of persecution because of the
alien's race, religion, nationality,
membership in a particular social
group, or political opinion, or because
the alien would be subject to torture
in that country; or
``(II) if an asylum officer has
determined that the alien has such a
well-founded fear of persecution or
would be subject to torture in his or
her country of departure, origin, or
last habitual residence.'';
(3) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and
(4) by inserting after subparagraph (A) the following:
``(B) Protections for aliens interdicted in
international or united states waters.--The Secretary
of Homeland Security shall issue regulations
establishing a uniform procedure applicable to all
aliens interdicted in international or United States
waters that--
``(i) provides each alien--
``(I) a meaningful opportunity to
express, through a translator who is
fluent in a language the alien claims
to understand, a fear of return to his
or her country of departure, origin, or
last habitual residence; and
``(II) in a confidential interview
and in a language the alien claims to
understand, information concerning the
alien's interdiction, including the
ability of the alien to inform United
States officers about any fears
relating to the alien's return or
repatriation;
``(ii) provides each alien expressing such
a fear of return or repatriation a confidential
interview conducted by an asylum officer, in a
language the alien claims to understand, to
determine whether the alien's return to his or
her country of departure, origin, or last
habitual residence is prohibited because the
alien has a well-founded fear of persecution--
``(I) because of the alien's race,
religion, nationality, membership in a
particular social group, or political
opinion; or
``(II) because the alien would be
subject to torture in that country;
``(iii) ensures that each alien can
effectively communicate with United States
officers through the use of a translator fluent
in a language the alien claims to understand;
and
``(iv) provides each alien who, according
to the determination of an asylum officer, has
a well-founded fear of persecution for the
reasons specified in clause (ii), or who would
be subject to torture, an opportunity to seek
protection in--
``(I) a country other than the
alien's country of departure, origin,
or last habitual residence in which the
alien has family or other ties that
will facilitate resettlement; or
``(II) if the alien has no such
ties, a country that will best
facilitate the alien's resettlement,
which may include the United States.''.
(b) Conforming Amendments.--
(1) Section 240A(c)(5) of the Immigration and Nationality
Act (8 U.S.C. 1229b(c)(5)) is amended by striking ``section
241(b)(3)(B)(i)'' and inserting ``section 241(b)(3)(C)(i)''.
(2) Section 242(b)(4) of the Immigration and Nationality
Act (8 U.S.C. 1252(b)(4)) is amended, in the undesignated
matter following subparagraph (D), by striking ``241(b)(3)(C)''
and inserting ``241(b)(3)(D)''.
SEC. 125. ENHANCED PROTECTION FOR INDIVIDUALS SEEKING U VISAS, T VISAS,
AND PROTECTION UNDER VAWA.
(a) Employment Authorization for T Visa Applicants.--Section 214(o)
(8 U.S.C. 1184(o)) is amended by adding at the end the following:
``(8) Notwithstanding any provision of this Act granting
eligibility for employment in the United States, the Secretary of
Homeland Security shall grant employment authorization to an alien who
has filed a petition for nonimmigrant status under section
101(a)(15)(T) on the date that is the earlier of--
``(A) the date on which the alien's petition for such
status is approved; or
``(B) a date determined by the Secretary that is not later
than 180 days after the date on which such alien filed such
petition.''.
(b) Increased Accessibility and Employment Authorization for U Visa
Applicants.--Section 214(p) of the Immigration and Nationality Act (8
U.S.C. 1184(p)) is amended--
(1) in paragraph (2)(A), by striking ``10,000'' and
inserting ``20,000''; and
(2) in paragraph (6), by striking the last sentence; and
(3) by adding at the end the following:
``(8) Employment authorization.--Notwithstanding any
provision of this Act granting eligibility for employment in
the United States, the Secretary of Homeland Security shall
grant employment authorization to an alien who has filed an
application for nonimmigrant status under section 101(a)(15)(U)
on the date that is the earlier of--
``(A) the date on which the alien's application for
such status is approved; or
``(B) a date determined by the Secretary that is
not later than 180 days after the date on which such
alien filed such application.''.
(c) Prohibition on Removal of Certain Victims With Pending
Petitions and Applications.--
(1) In general.--Section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) is amended--
(A) by redesignating subsection (e) as subsection
(f); and
(B) by inserting after subsection (d) the
following:
``(e) Prohibition on Removal of Certain Victims With Pending
Petitions and Applications.--
``(1) In general.--An alien described in paragraph (2)
shall not be removed from the United States under this section
or any other provision of law until there is a final denial of
the alien's application for status after the exhaustion of
administrative and judicial review.
``(2) Aliens described.--An alien described in this
paragraph is an alien who--
``(A) has a pending application or petition under--
``(i) subparagraph (T) or (U) of section
101(a)(15);
``(ii) section 106;
``(iii) section 240A(b)(2); or
``(iv) section 244(a)(3) (as in effect on
March 31, 1997); or
``(B) is a VAWA self-petitioner, as defined in
section 101(a)(51), and has a pending application for
relief under a provision referred to in any of
subparagraphs (A) through (G) of such section.''.
(2) Conforming amendment.--Section 240(b)(7) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)(7)) is
amended by striking ``subsection (e)(1)'' and inserting
``subsection (f)''.
(d) Prohibition on Detention of Certain Victims With Pending
Petitions and Applications.--Section 236 of the Immigration and
Nationality Act (8 U.S.C. 1226) is amended by adding at the end the
following:
``(f) Prohibition on Detention of Certain Victims With Pending
Petitions and Applications.--
``(1) Presumption of release.--
``(A) In general.--Notwithstanding any other
provision of this Act, there shall be a presumption
that an alien described in paragraph (2) should be
released from detention.
``(B) Rebuttal.--The Secretary of Homeland Security
may rebut the presumption of release based on clear and
convincing evidence, including credible and
individualized information, that--
``(i) the use of alternatives to detention
will not reasonably ensure the appearance of
the alien at removal proceedings; or
``(ii) the alien is a threat to another
person or the community.
``(C) Pending criminal charge.--A pending criminal
charge against an alien may not be the sole factor to
justify the continued detention of the alien.
``(2) Alien described.--An alien described in this
paragraph is an alien who--
``(A) has a pending application under--
``(i) subparagraph (T) or (U) of section
101(a)(15);
``(ii) section 106;
``(iii) section 240A(b)(2); or
``(iv) section 244(a)(3) (as in effect on
March 31, 1997); or
``(B) is a VAWA self-petitioner, as defined in
section 101(a)(51), and has a pending petition for
relief under a provision referred to in any of
subparagraphs (A) through (G) of such section.''.
Subtitle D--Protections Relating to Removal, Detention, and Prosecution
SEC. 131. PREVENTION OF ERRONEOUS IN ABSENTIA ORDERS OF REMOVAL.
(a) Written Record of Address.--Section 239(a) of the Immigration
and Nationality Act (8 U.S.C. 1229(a)) is amended--
(1) in paragraph (1)(F), by inserting ``the Secretary of
Homeland Security or'' before ``the Attorney General'' each
place such term appears; and
(2) in paragraph (2)(A) by striking ``the alien or to the
alien's counsel of record'' and inserting ``the alien and to
the alien's counsel of record.''.
(b) Removal in Absentia and Rescission of Removal Orders.--Section
240(b) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)) is
amended--
(1) in paragraph (5)--
(A) by amending subparagraph (A) to read as
follows--
``(A) Removal in absentia.--
``(i) In general.--Any alien who, after a
proceeding under this section is rescheduled by
an immigration judge due to the alien's failure
to attend such proceeding, and written notice
required under paragraph (1) or (2) of section
239(a) has been provided to the alien and the
alien's counsel of record, does not attend a
proceeding under this section, may be ordered
removed in absentia if the Department of
Homeland Security establishes by clear,
unequivocal, and convincing evidence that--
``(I) sufficient written notice was
so provided;
``(II) the alien is removable; and
``(III) in the case of an alien
required to periodically report to the
Department of Homeland Security, the
alien has demonstrated a pattern of
failing to report.
``(ii) Sufficient notice.--The written
notice by the Secretary of Homeland Security or
the Attorney General shall be considered
sufficient for purposes of this subparagraph
if--
``(I) the notice includes--
``(aa) the accurate date,
time, and court location at
which the alien is required to
appear; and
``(bb) the date on which
the notice was issued;
``(II) the notice is provided at
the most recent complete physical
address provided under section 239(a);
and
``(III) the certificate of service
for the notice indicates that oral
notice and a recitation of the
consequences of failure to appear were
provided--
``(aa) in the native
language of the alien; or
``(bb) in a language the
alien understands.''; and
(B) by amending paragraph (C) to read as follows:
``(C) Rescission of order.--
``(i) In general.--Such an order may be
rescinded only--
``(I) upon a motion to reopen filed
at any time after the date of the order
of removal if the alien demonstrates
that the failure to appear was because
of exceptional circumstances;
``(II) upon a motion to reopen
filed at any time if the alien
demonstrates that the alien did not
receive notice in accordance with
paragraph (1) or (2) of section 239(a)
or the alien demonstrates that the
alien was in Federal or State custody
and the failure to appear was through
no fault of the alien;
``(III) in the case of an alien who
is a minor child, upon a motion to
reopen filed at any time; or
``(IV) upon a motion to reopen
filed at any time if the alien has a
pending application for asylum,
withholding of removal, or protection
under the Convention against Torture
and Other Cruel, Inhuman or Degrading
Treatment or Punishment, done at New
York December 10, 1984, or demonstrates
that he or she has a credible claim to
any such protection.
``(ii) Stay of removal.--The filing of the
motion to reopen described in clause (i) shall
stay the removal of the alien pending
disposition of the motion by the immigration
judge.''; and
(2) by adding at the end the following:
``(8) Check-in history.--Before an immigration judge
conducts a proceeding under this section, the Secretary of
Homeland Security shall report to the immigration judge the
extent to which the alien has complied with any requirement to
report periodically the whereabouts of the alien to the
Secretary of Homeland Security.''.
SEC. 132. SCOPE AND STANDARD FOR REVIEW OF REMOVAL ORDERS.
Section 242(b) of the Immigration and Nationality Act (8 U.S.C.
1252(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``The petition'' and inserting the
following:
``(A) In general.--The petition''; and
(B) by adding at the end the following:
``(B) Prohibition on removal.--An alien shall not
be removed during such 30-day period unless the alien
indicates in writing that he or she wishes to be
removed before the expiration of such period.''.
(2) by striking paragraph (4) and inserting the following:
``(4) Scope and standard for review.--
``(A) In general.--Except as provided in paragraph
(5)(B), the court of appeals shall sustain a final
decision ordering removal unless it is contrary to law,
an abuse of discretion, or not supported by substantial
evidence.
``(B) Decision based on administrative record.--The
court of appeals shall decide the petition based solely
on the administrative record on which the order of
removal is based.
``(C) Availability of review.--
``(i) In general.--The court of appeals
shall maintain jurisdiction to review
discretionary determinations arising in a claim
for asylum.
``(ii) Jurisdiction over denials.--
Notwithstanding section 242(a)(2)(C), the court
of appeals shall maintain jurisdiction to
review all denials of requests for withholding
of removal under to section 241(b)(3) or
protection under the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment
or Punishment, done at New York December 10,
1984.''.
SEC. 133. PRESUMPTION OF LIBERTY FOR ASYLUM SEEKERS.
(a) Custody Determination.--
(1) Initial determination.--
(A) In general.--With respect to an alien who has
expressed fear of returning to his or her home country
or an intent to apply for asylum in the United States,
the Secretary shall make an initial written custody
determination with respect to the alien and provide the
determination to the alien not later than 48 hours
after, as applicable--
(i) the Secretary takes the alien into
custody; or
(ii) in the case of an alien already in the
custody of the Secretary, the alien expresses
such fear or intent.
(B) Least restrictive conditions.--A custody
determination under this paragraph shall impose the
least restrictive conditions if the Secretary
determines that the release of an alien--
(i) will not reasonably ensure the
appearance of the alien as required; or
(ii) will endanger the safety of any other
person or the community.
(C) Applicability.--This paragraph shall not apply
to unaccompanied alien children (as defined in section
462(g) of the Homeland Security Act of 2002 (6 U.S.C.
279g)).
(2) Presumption of release.--
(A) In general.--In a hearing under this
subsection, there shall be a presumption that the alien
should be released.
(B) Rebuttal.--The Secretary may rebut the
presumption of release based on clear and convincing
evidence, including credible and individualized
information, that--
(i) the use of alternatives to detention,
including release on recognizance or on a
reasonable bond, will not reasonably ensure the
appearance of the alien at removal proceedings;
or
(ii) the alien is a threat to another
person or the community.
(C) Pending criminal charge.--A pending criminal
charge against an alien may not be the sole factor to
justify the continued detention of the alien.
(D) Evidence of identity.--The inability of an
alien to reasonably provide government-issued evidence
of identity, including the inability of the alien to
contact the government of the country of nationality of
the alien so as not to alert such government of the
whereabouts of the alien, may not be the sole factor to
justify the continued detention of the alien.
(E) Pre-existing community ties.--A lack of pre-
existing community ties in the United States shall not
preclude the release of an alien.
(b) Least Restrictive Conditions Required.--
(1) In general.--If the Secretary or an immigration judge
determines, pursuant to a hearing under this section, that the
release of an alien will not reasonably ensure the appearance
of the alien as required or will endanger the safety of any
other person or the community, the Secretary or the immigration
judge shall order the least restrictive conditions or
combination of conditions that the Secretary or judge
determines will reasonably ensure the appearance of the alien
and the safety of any other person and the community, which may
include--
(A) release on recognizance;
(B) secured or unsecured release on bond; or
(C) participation in a program described in
subsection (d).
(2) Monthly review.--Any condition assigned to an alien
under paragraph (1) shall be reviewed by an immigration judge
on a monthly basis.
(c) Special Rule for Vulnerable Persons and Primary Caregivers.--
(1) In general.--In the case that the alien who is the
subject of a custody determination under this section is a
vulnerable person or a primary caregiver, the alien may not be
detained unless the Secretary demonstrates, in addition to the
requirements under subsection (a)(2), that it is unreasonable
or not practicable to place the individual in a community-based
supervision program.
(2) Definitions.--In this subsection:
(A) Material witness.--The term ``material
witness'' means an individual who presents a
declaration to an attorney investigating, prosecuting,
or defending the workplace claim or from the presiding
officer overseeing the workplace claim attesting that,
to the best of the declarant's knowledge and belief,
reasonable cause exists to believe that the testimony
of the individual will be relevant to the outcome of
the workplace claim.
(B) Primary caregiver.--The term ``primary
caregiver'' means a person who is established to be a
caregiver, parent, or close relative caring for or
traveling with a child.
(C) Vulnerable person.--The term ``vulnerable
person'' means an individual who--
(i) is under 21 years of age or over 60
years of age;
(ii) is pregnant;
(iii) identifies as lesbian, gay, bisexual,
transgender, or intersex;
(iv) is a victim or witness of a crime;
(v) has filed a nonfrivolous civil rights
claim in Federal or State court;
(vi) has filed, or is a material witness
to, a bonafide workplace claim;
(vii) has a serious mental or physical
illness or disability;
(viii) has been determined by an asylum
officer in an interview conducted under section
235(b)(1)(B) to have a credible fear of
persecution or torture;
(ix) has limited English language
proficiency and is not provided access to
appropriate and meaningful language services in
a timely fashion; or
(x) has been determined by an immigration
judge or the Secretary of Homeland Security to
be experiencing severe trauma or to be a
survivor of torture or gender-based violence,
based on information obtained during intake,
from the alien's attorney or legal service
provider, or through credible self-reporting.
(D) Workplace claim.--The term ``workplace claim''
means any written or oral claim, charge, complaint, or
grievance filed with, communicated to, or submitted to
the employer, a Federal, State, or local agency or
court, or an employee representative related to the
violation of applicable Federal, State, and local labor
laws, including laws concerning wages and hours, labor
relations, family and medical leave, occupational
health and safety, civil rights, or nondiscrimination.
(d) Alternatives to Detention.--
(1) In general.--The Secretary shall establish programs
that provide alternatives to detaining aliens, which shall
offer a continuum of supervision mechanisms and options,
including community-based supervision programs and community
support.
(2) Contracts with nongovernmental organizations.--The
Secretary shall contract with nongovernmental community-based
organizations to provide services for programs under paragraph
(1), including case management services, appearance assistance
services, and screenings of detained aliens.
(3) Individualized determination required.--
(A) In general.--In determining whether to order an
alien to participate in a program under this
subsection, the Secretary or an immigration judge, as
applicable, shall make an individualized determination
with respect to the appropriate level of supervision
for the alien.
(B) Limitation.--Participation in a program under
this subsection may not be ordered for an alien for
whom it is determined that release on reasonable bond
or recognizance--
(i) will reasonably ensure the appearance
of the alien as required; and
(ii) will not pose a threat to any other
person or the community.
(e) Regular Review of Custody Determinations and Conditions of
Release.--
(1) Timing.--In the case of an alien who seeks to challenge
the initial custody determination under subsection (a)(1), not
later than 72 hours after the initial custody determination,
the alien shall be provided with the opportunity for a hearing
before an immigration judge to determine whether the alien
should be detained.
(2) Subsequent determinations.--An alien who is detained
under this section shall be provided with a de novo custody
determination hearing under this subsection--
(A) every 60 days; and
(B) on a showing of--
(i) changed circumstances; or
(ii) good cause for such a hearing.
SEC. 134. PROCEDURES FOR ENSURING ACCURACY AND VERIFIABILITY OF SWORN
STATEMENTS TAKEN PURSUANT TO EXPEDITED REMOVAL AUTHORITY.
(a) In General.--The Secretary shall establish quality assurance
procedures to ensure the accuracy and verifiability of signed or sworn
statements taken by employees of the Department exercising expedited
removal authority under section 235(b) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)).
(b) Recording of Interviews.--
(1) In general.--Any sworn or signed written statement
taken from an alien as part of the record of a proceeding under
section 235(b)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(A)) shall be accompanied by a recording of
the interview that served as the basis for such sworn
statement.
(2) Content.--The recording shall include--
(A) a reading of the entire written statement to
the alien in a language that the alien claims to
understand; and
(B) the verbal affirmation by the alien of the
accuracy of--
(i) the written statement; or
(ii) a corrected version of the written
statement.
(3) Format.--The recording shall be made in video, audio,
or other equally reliable format.
(4) Evidence.--Recordings of interviews under this
subsection may be considered as evidence in any further
proceedings involving the alien.
(c) Exemption Authority.--
(1) Exempted facilities.--Subsection (b) shall not apply to
interviews that occur at detention facilities exempted by the
Secretary under this subsection.
(2) Criteria.--The Secretary, or a designee of the
Secretary, may exempt any detention facility if compliance with
subsection (b) at that facility would impair operations or
impose undue burdens or costs.
(3) Report.--The Secretary shall annually submit to
Congress a report that identifies the facilities that have been
exempted under this subsection.
(4) No private cause of action.--Nothing in this subsection
may be construed to create a private cause of action for
damages or injunctive relief.
(d) Interpreters.--The Secretary shall ensure that a professional
fluent interpreter is used if--
(1) the interviewing officer is not certified by the
Department to speak a language understood by the alien; and
(2) there is no other Federal Government employee available
who is able to interpret effectively, accurately, and
impartially.
SEC. 135. INSPECTIONS BY IMMIGRATION OFFICERS.
Section 235(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1225(a)(3)) is amended--
(1) by striking ``All aliens'' and inserting the following:
``(A) In general.--All aliens;''; and
(2) by adding at the end the following:
``(B) Prohibition.--An immigration officer may not
turn back, instruct to return at a later time, refuse
to inspect, or otherwise reject in any manner
whatsoever an applicant for admission at a port of
entry who indicates--
``(i) an intent to apply for asylum under
section 208; or
``(ii) a fear of persecution.''.
SEC. 136. STUDY ON EFFECT ON ASYLUM CLAIMS OF EXPEDITED REMOVAL
PROVISIONS, PRACTICES, AND PROCEDURES.
(a) Study.--
(1) In general.--The Commission shall conduct a study to
determine whether immigration officers are engaging in conduct
described in paragraph (2).
(2) Conduct described.--The conduct described in this
paragraph is the following:
(A) Improperly encouraging an alien to withdraw or
retract an asylum claim.
(B) Incorrectly failing to refer an alien for an
interview by an asylum officer to determine whether the
alien has a credible fear of persecution, including
failing to record the expression of an alien of fear of
persecution or torture.
(C) Incorrectly removing an alien to a country in
which the alien may be persecuted.
(D) Detaining an alien improperly or under
inappropriate conditions.
(E) Improperly separating a family unit after a
member of the family unit has expressed a credible fear
of persecution.
(F) Improperly referring an alien for processing
under an enforcement or deterrence program, such as the
consequence delivery system.
(b) Report.--Not later than 2 years after the date on which the
Commission initiates the study under subsection (a), the Commission
shall submit to the appropriate committees of Congress a report
describing the results of the study.
(c) Staffing.--
(1) Agency employees.--
(A) Identification.--The Commission may identify
employees of the Department of Homeland Security, the
Department of Justice, and the Government
Accountability Office who have significant expertise
and knowledge of refugee and asylum issues.
(B) Designation.--At the request of the Commission,
the Secretary, the Attorney General, and the
Comptroller General of the United States shall
authorize the employees identified under subparagraph
(A) to assist the Commission in conducting the study
under subsection (a).
(2) Additional staff.--The Commission may hire additional
staff and consultants to conduct the study under subsection
(a).
(3) Access to proceedings.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary and the Attorney General shall
provide staff designated under paragraph (1)(B) or
hired under paragraph (2) with unrestricted access to
all stages of all proceedings conducted under section
235(b) of the Immigration and Nationality Act (8 U.S.C.
1225(b)).
(B) Exceptions.--The Secretary and the Attorney
General may not permit unrestricted access under
subparagraph (A) if--
(i) the alien subject to a proceeding under
such section 235(b) objects to such access; or
(ii) the Secretary or Attorney General
determines that the security of a particular
proceeding would be threatened by such access.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary,
and the Committee on Foreign Relations of the Senate;
and
(B) the Committee on Homeland Security, the
Committee on the Judiciary, and the Committee on
Foreign Affairs of the House of Representatives.
(2) Commission.--The term ``Commission'' means the United
States Commission on International Religious Freedom.
(3) Credible fear of persecution.--The term ``credible fear
of persecution'' has the meaning given the term in section
235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)).
(4) Immigration officer.--The term ``immigration officer''
means an immigration officer performing duties under section
235(b) of the Immigration and Nationality Act (8 U.S.C.
1225(b)) with respect to aliens who--
(A) are apprehended after entering the United
States;
(B) may be eligible to apply for asylum under
section 208 of that Act (8 U.S.C. 1158); or
(C) may have a credible fear of persecution.
SEC. 137. ALIGNMENT WITH REFUGEE CONVENTION OBLIGATIONS BY PROHIBITING
CRIMINAL PROSECUTION OF REFUGEES.
(a) In General.--An alien who has expressed a credible or
reasonable fear of persecution, filed an application for asylum,
withholding of removal, or protection under the Convention against
Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment,
done at New York December 10, 1984, or expressed an intent to file such
an application, may not be prosecuted under section 275(a) or 276(a) of
the Immigration and Nationality Act (8 U.S.C. 1325(a), 1326(a)) until
the earlier of--
(1) the date on which any such application has been finally
adjudicated and denied, including any appeals of such denial;
or
(2) in the case of an alien who expresses an intent to file
such an application, the date on which any applicable time
limitation for the filing of such an application under section
208 of such Act has ended with an application being filed.
(b) Affirmative Defense.--If an alien is prosecuted under section
275(a) or 276(a) of the Immigration and Nationality Act (8 U.S.C.
1325(a) and 1326(a)) in violation of subsection (a), it shall be a
defense that the alien has expressed a credible or reasonable fear of
persecution, has filed an application for asylum or another form of
protection, and such application has not been finally adjudicated and
denied, including any appeals of such denial.
(c) Treaty Obligations.--In accordance with the treaty obligations
of the United States under Article 31 of the Convention Relating to the
Status of Refugees, done at Geneva July 28, 1951 (as made applicable by
the Protocol Relating to the Status of Refugees, done at New York
January 31, 1967 (19 UST 6223)), an alien who has been granted asylum
or withholding of removal under the Immigration and Nationality Act (8
US.C. 1101 et seq.) may not be prosecuted under section 275(a) or
276(a) of that Act (8 U.S.C. 1325(a) and 1326(a)).
Subtitle E--Refugee Resettlement
SEC. 141. PRIORITIZATION OF FAMILY REUNIFICATION IN REFUGEE
RESETTLEMENT PROCESS.
(a) In General.--The Secretary of State shall prioritize the cases
of persons referred by the United Nations High Commissioner for
Refugees, groups of special humanitarian concern to the United States
under subsection (a)(1) of section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), and refugees seeking reunification
with relatives living in the United States, regardless of the
nationality of such refugees.
(b) Regulations.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall promulgate
regulations to ensure that an individual seeking admission to
the United States as a refugee shall not be excluded from being
interviewed for refugee status based on--
(A) a close family relationship to a citizen or
lawful permanent resident of the United States;
(B) a potential qualification of the individual for
an immigrant visa; or
(C) a pending application by the individual for
admission to the United States.
(2) Simultaneous consideration.--The regulations
promulgated under paragraph (1) shall ensure that an applicant
for admission as a refugee is permitted to pursue
simultaneously admission to the United States--
(A) as a refugee; and
(B) under any visa category for which the applicant
may be eligible.
(c) Notice of Separate Travel.--In the case of an applicant for
admission under section 207 of the Immigration and Nationality Act (8
U.S.C. 1157) the application of whom is placed on hold for more than
three months and one or more members of the family of the applicant
have separate pending applications for admission under such section,
the Secretary of Homeland Security shall--
(1) notify any individual on that case who is eligible to
travel separately of the option to separate the case of the
individual from the family unit; and
(2) permit the individual to travel based on the
satisfaction by the individual of all security and other
requirements for a refugee application.
(d) Use of Embassy Referrals.--
(1) In general.--The Secretary of State shall set forth a
plan to ensure that each United States embassy and consulate is
equipped and enabled to refer individuals in need of
resettlement to the United States refugee admissions program.
(2) Training.--The Secretary of State shall undertake
training for embassy personnel to ensure that each embassy and
consulate has sufficient knowledge and expertise to carry out
this paragraph.
SEC. 142. NUMERICAL GOALS FOR ANNUAL REFUGEE ADMISSIONS.
Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)
is amended--
(1) in subsection (a)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (4) as
paragraphs (1) and (6), respectively;
(C) in paragraph (1), as so redesignated--
(i) by inserting (A) before ``Except as
provided'';
(ii) by striking ``after fiscal year
1982'';
(iii) by striking ``is justified'' and all
that follows through ``interest.'' and
inserting ``is--
``(i) justified by humanitarian concerns or
otherwise in the national interest; and
``(ii) not less than 95,000.''; and
(iv) by adding at the end the following--
``(B) If the President does not issue a
determination under this paragraph before the beginning
of a fiscal year, the number of refugees who may be
admitted under this section shall be 95,000.
``(2) Each officer of the Federal Government responsible
for refugee admissions or refugee resettlement shall treat a
determination under paragraph (1) and subsection (b) as the
numerical goals for refugee admissions under this section for
the applicable fiscal year.'';
(D) by inserting after paragraph (3) the following:
``(4) In making a determination under paragraph (1), the
President shall consider the number of refugees who, during the
calendar year beginning immediately after the beginning of the
applicable fiscal year, are in need of resettlement in a third
country, as determined by the United Nations High Commissioner
for Refugees in the most recently published projected global
resettlement needs report.
``(5) The President shall determine regional allocations
for admissions under this subsection, that--
``(A) shall consider the projected needs identified
by the United Nations High Commissioner for Refugees in
the projected global resettlement needs report for the
calendar year beginning immediately after the beginning
of the applicable fiscal year; and
``(B) shall include an unallocated reserve that the
Secretary of State, after notifying the Committee on
the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives, may use for
1 or more regions in which the need for additional
refugee admissions arises.'';
(E) in paragraph (6), as so redesignated, by
striking ``(beginning with fiscal year 1992)''; and
(F) by adding at the end the following:
``(7) All officers of the Federal Government responsible
for refugee admissions or refugee resettlement shall treat the
determinations made under this subsection and subsection (b) as
the refugee admissions goal for the applicable fiscal year.'';
and
(2) by adding at the end the following:
``(g) Quarterly Reports on Admissions.--Not later than 15 days
after the last day of each quarter, the President shall submit to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report that includes the
following:
``(1) Refugees admitted.--
``(A) The number of refugees admitted to the United
States during the preceding quarter.
``(B) The number of refugees admitted to the United
States during the preceding quarter, expressed as a
percentage of the number of refugees authorized to be
admitted in accordance with the determinations under
subsections (a) and (b) for the applicable fiscal year.
``(C) The cumulative number of refugees admitted to
the United States during the applicable fiscal year, as
of the last day of the preceding quarter.
``(D) The number of refugees to be admitted to the
United States during the remainder of the applicable
fiscal year so as to achieve the numerical goals set
forth in the determinations under subsections (a) and
(b) for such fiscal year.
``(E) The number of refugees from each region
admitted to the United States during the preceding
quarter, expressed as a percentage of the allocation
for each region under subsection (a)(5) for the
applicable fiscal year.
``(2) Aliens with security advisory opinions.--
``(A) The number of aliens, by nationality, for
whom a Security Advisory Opinion has been requested who
were security-cleared during the preceding quarter,
expressed as a percentage of all cases successfully
adjudicated by the Director of U.S. Citizenship and
Immigration Services in the applicable fiscal year.
``(B) The number of aliens, by nationality, for
whom a Security Advisory Opinion has been requested who
were admitted to the United States during the preceding
quarter.
``(3) Circuit rides.--
``(A) For the preceding quarter--
``(i) the number of Refugee Corps officers
deployed on circuit rides, expressed as a
percentage of the overall number of Refugee
Corps officers;
``(ii) the number of individuals
interviewed--
``(I) on each circuit ride; and
``(II) at each circuit ride
location;
``(iii) the number of circuit rides; and
``(iv) for each circuit ride--
``(I) the duration of the circuit
ride;
``(II) the average number of
interviews conducted daily on the
circuit ride; and
``(III) the percentages of
interviews conducted for--
``(aa) individuals who
require Security Advisory
Opinions; and
``(bb) individuals who do
not require Security Advisory
Opinions.
``(B) For the subsequent quarter--
``(i) the number of circuit rides
scheduled; and
``(ii) the number of circuit rides planned.
``(4) Processing.--For the preceding quarter--
``(A) the average number of days between--
``(i) the date on which an individual is
identified by the United States Government as a
refugee; and
``(ii) the date on which such individual is
interviewed by the Secretary of Homeland
Security;
``(B) the average number of days between--
``(i) the date on which an individual
identified by the United States Government as a
refugee is interviewed by the Secretary of
Homeland Security; and
``(ii) the date on which such individual is
admitted to the United States; and
``(C) with respect to individuals identified by the
United States Government as refugees who have been
interviewed by the Secretary of Homeland Security, the
approval, denial, and hold rates for the applications
for admission of such individuals, by nationality.
``(5) Plan and additional information.--
``(A) A plan that describes the procedural or
personnel changes necessary to ensure the admission of
the number of refugees authorized to be admitted to the
United States in accordance with determinations under
subsections (a) and (b), including a projection of the
number of refugees to be admitted to the United States
each month so as to achieve the numerical goals set
forth in such determinations.
``(B) Additional information relating to the pace
of refugee admissions, as determined by the President.
``(h) Rule of Construction.--Nothing in this section may be
construed--
``(1) to inhibit the expeditious processing of refugee and
asylum applications;
``(2) to restrict the authority of the Secretary of
Homeland Security to admit aliens to the United States under
any other Act; or
``(3) to prevent the executive branch from increasing the
numerical goal of refugee admissions or regional allocations
based on emerging or identified resettlement needs during and
throughout the fiscal year.''.
SEC. 143. REFORM OF REFUGEE ADMISSIONS CONSULTATION PROCESS.
Section 207(e) of the Immigration and Nationality Act (8 U.S.C.
1157(e)) is amended--
(1) by redesignating paragraphs (1) through (7) as
subparagraphs (A) through (G), respectively;
(2) in the matter preceding subparagraph (A), as so
redesignated--
(A) by inserting ``(1)'' after ``(e)''; and
(B) by inserting ``, which shall be commenced not
later than May 1 of each year and continue periodically
throughout the remainder of the year, if necessary,''
after ``discussions in person'';
(3) in the undesignated matter following subparagraph (G),
as so redesignated, by striking ``To the extent possible,'' and
inserting the following:
``(2) To the extent possible''; and
(4) by adding at the end the following:
``(3)(A) The plans referred to in paragraph (1)(C) shall include
estimates of--
``(i) the number of refugees the President expects to have
ready to travel to the United States at the beginning of the
fiscal year;
``(ii) the number of refugees and the stipulated
populations the President expects to admit to the United States
in each quarter of the fiscal year; and
``(iii) the number of refugees the President expects to
have ready to travel to the United States at the end of the
fiscal year.
``(B) The Secretary of Homeland Security shall ensure that an
adequate number of refugees are processed during the fiscal year to
fulfill the refugee admissions goals under subsections (a) and (b).
``(C) In fulfilling the requirements of this subsection, the
President shall--
``(i) establish specific objectives or measurements for the
integration of refugees admitted to the United States; and
``(ii) submit an annual report to Congress on the
integration of resettled refugees on the basis of such
objectives or measurements.''.
SEC. 144. DESIGNATION OF CERTAIN GROUPS OF REFUGEES FOR RESETTLEMENT
AND ADMISSION OF REFUGEES IN EMERGENCY SITUATIONS.
(a) Admission of Emergency Situation Refugees.--Section 207(c) of
the Immigration and Nationality Act (8 U.S.C. 1157(c)), as amended by
section 111(b), is further amended--
(1) by striking the subsection designation and all that
follows through ``immigrant under this Act.'' in paragraph (1)
and inserting the following:
``(c)(1)(A) Subject to the numerical established pursuant to
subsections (a) and (b), the Secretary of Homeland Security may, in the
Secretary's discretion and pursuant to such regulations as the
Secretary may prescribe, admit any refugee who is not firmly resettled
in any foreign country, is determined to be of special humanitarian
concern to the United States, and is admissible (except as provided
under subsection (b) and (c) of section 209) as an immigrant under this
Act. Notwithstanding any numerical limitations specified in this Act,
any alien admitted under this paragraph shall be regarded as lawfully
admitted to the United States for permanent residence as of the date of
such alien's admission to the United States.
``(B)(i) The President, upon a recommendation of the Secretary of
State made in consultation with the Secretary of Homeland Security, and
after appropriate consultation, may designate specifically defined
groups of aliens--
``(I) whose resettlement in the United States is justified
by humanitarian concerns or is otherwise in the national
interest; and
``(II) who--
``(aa) share common characteristics that identify
them as targets of--
``(AA) persecution on account of race,
religion, nationality, membership in a
particular social group, or political opinion;
or
``(BB) other serious harm; or
``(bb) having been identified as targets as
described in item (aa), share a common need for
resettlement due to a specific vulnerability.
``(ii) An alien who establishes membership in a group designated
under clause (i) to the satisfaction of the Secretary of Homeland
Security shall be considered a refugee for purposes of admission as a
refugee under this section unless the Secretary determines that such
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.
``(iii) A designation under clause (i) is for purposes of
adjudicatory efficiency and may be revoked by the President at any time
after notification to Congress.
``(iv) Categories of aliens established under section 599D of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167; 8 U.S.C. 1157 note)--
``(I) shall be designated under clause (i) until the end of
the first fiscal year commencing after the date of the
enactment of the Refugee Protection Act of 2019; and
``(II) shall be eligible for designation thereafter at the
discretion of the President.
``(v) The admission of an alien under this subparagraph shall count
against the refugee admissions goal under subsection (a).
``(vi) A designation under clause (i) shall not influence decisions
to grant to any alien asylum under section 208, protection under
section 241(b)(3), or protection under the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at
New York December 10, 1984.
``(vii) A decision to deny admission under this section to an alien
who establishes to the satisfaction of the Secretary that the alien is
a member of a group designated under clause (i)--
``(I) shall be in writing; and
``(II) shall cite the specific applicable provision of this
Act upon which such denial is based, including--
``(aa) the facts underlying the determination; and
``(bb) whether there is a waiver of inadmissibility
available to the alien.'';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the first fiscal year that begins after
the date of the enactment of this Act.
SEC. 145. REFUGEE RESETTLEMENT; RADIUS REQUIREMENTS.
The Bureau of Population, Refugees, and Migration shall not require
a refugee to be resettled within a prescribed radius of a refugee
resettlement office.
SEC. 146. STUDY AND REPORT ON CONTRIBUTIONS BY REFUGEES TO THE UNITED
STATES.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, and not less frequently than every 5 years
thereafter, the Comptroller General of the United States shall conduct
a study on the economic, social, and other contributions that refugees
make to the United States.
(b) Matters To Be Included.--The study conducted under subsection
(a) shall include the following:
(1) An assessment of economic contributions made by
refugees, including--
(A) during the first year, 5 years, 10 years, and
20 years following the arrival of a refugee in the
United States--
(i) a description of industries in which
the most refugees work;
(ii) an analysis of the economic and
spending power of refugees;
(iii) the rate of home ownership of
refugees;
(iv) the estimated net amount of revenue
refugees contribute to the United States, as
compared to the cost of government benefits
accessed by refugees; and
(v) the estimated gross amount of taxes
refugees contribute;
(B) the estimated rate of entrepreneurship of
refugees during the first year, 5 years, 10 years, and
20 years after the arrival of a refugee;
(C) the number of jobs created by refugee
businesses; and
(D) the labor markets for which refugees fill
critical gaps.
(2) An assessment of the rate of refugee self-sufficiency
and a description of unmet needs and outcomes, including--
(A) the manner in which the Office of Refugee
Resettlement defines self-sufficiency;
(B) an assessment as to whether such definition is
adequate in addressing refugee needs in the United
States;
(C) an analysis of the unmet needs and outcomes of
refugees; and
(D) an evaluation of the budgetary resources of the
Office of Refugee Resettlement and a projection of the
amount of additional resources necessary to fully
address the unmet needs of refugees and all other
populations within the mandate of the Office of Refugee
Resettlement, with respect to self-sufficiency.
(3) Recommendations on ways in which the Office of Refugee
Resettlement may improve the rate of self-sufficiency,
outcomes, and the domestic refugee program with respect to the
matters assessed under paragraphs (1) and (2).
(c) Report.--Not later than 30 days after date on which a study
under subsection (a) is completed, the Comptroller General shall submit
to Congress a report that describes the results of the study.
SEC. 147. UPDATE OF RECEPTION AND PLACEMENT GRANTS.
(a) In General.--Beginning with fiscal year 2020, not later than 30
days before the beginning of each fiscal year, the Secretary of State
shall notify Congress of the amount of funds that the Secretary of
State plans to provide to national resettlement agencies in reception
and placement grants during the following fiscal year.
(b) Requirements.--In setting the amount of such grants, the
Secretary of State shall ensure that--
(1) the grant amount for each fiscal year is adjusted to
provide adequately for the anticipated initial resettlement
needs of refugees, including adjusting the amount for inflation
and the cost of living;
(2) a sufficient portion of such amount is provided at the
beginning of the fiscal year to each national resettlement
agency to ensure adequate local and national capacity to serve
the initial resettlement needs of the number of refugees the
Secretary of State anticipates each such resettlement agency
will resettle during the fiscal year; and
(3) additional amounts are provided to each national
resettlement agency promptly on the arrival of refugees that,
exclusive of the amounts provided under paragraph (2), are
sufficient to meet the anticipated initial resettlement needs
of such refugees and support local and national operational
costs in excess of the estimates described in paragraph (1).
SEC. 148. RESETTLEMENT DATA.
Section 412(a) of the Immigration and Nationality Act (8 U.S.C.
1522(a)) is amended--
(1) in paragraph (2)(A), by inserting ``, and shall
consider data collected under paragraph (11)'' before the
period at the end; and
(2) by adding at the end the following:
``(11)(A) The Assistant Secretary of Health and Human
Services for Refugee and Asylee Resettlement (referred to in
this section as the `Assistant Secretary') shall expand the
data analysis, collection, and sharing activities of the Office
of Refugee Resettlement.
``(B) The Assistant Secretary shall coordinate with the
Centers for Disease Control, national resettlement agencies,
community-based organizations, and State refugee health
programs to track national and State trends with respect to
refugees arriving with Class A medical conditions and other
urgent medical needs. In collecting information under this
paragraph, the Assistant Secretary shall use initial refugee
health screening data (including any history of severe trauma,
torture, mental health symptoms, depression, anxiety, and post
traumatic stress disorder) recorded during domestic and
international health screenings, and data on the rate of use of
refugee medical assistance.
``(C) The Assistant Secretary shall partner with State
refugee programs, community-based organizations, and national
resettlement agencies to collect data relating to the housing
needs of refugees, including--
``(i) the number of refugees who rent apartments or
houses and who own condominiums or houses; and
``(ii) the number of refugees who have become
homeless and the number at severe risk of becoming
homeless.
``(D)(i) Beginning on the fifth year after arrival of a
refugee and every 5 years thereafter until the end of the 20th
year after arrival, the Assistant Secretary shall, to the
extent practicable, gather longitudinal information relating to
refugee self-sufficiency and economic contributions to the
United States including employment status, earnings and
advancement.
``(ii) The longitudinal study shall consider additional
factors related to self-sufficiency and integration, including
family self-sufficiency and caretaking, barriers to and
opportunities for integration of the children of refugees and
their descendants, and elderly resettled refugees.
``(E) Not less frequently than annually, the Assistant
Secretary shall--
``(i) update the data collected under this
paragraph;
``(ii) submit to Congress a report on such data;
and
``(iii) not later than 270 days after the end of
the fiscal year following the year for which the data
was collected, make the data available to the public on
the website of the Office of Refugee Resettlement.''.
SEC. 149. REFUGEE ASSISTANCE.
(a) Amendments to Social Services Funding.--Section 412(c)(1)(B) of
the Immigration and Nationality Act (8 U.S.C. 1522(c)(1)(B)) is amended
to read as follows:
``(B) The funds available for a fiscal year for grants and
contracts under subparagraph (A) shall be allocated among the
States based on a combination of--
``(i) the total number or refugees (including
children and adults) who arrived in the United States
not more than 36 months before the beginning of such
fiscal year and are actually residing in each State
(taking into account secondary migration) as of the
beginning of the fiscal year;
``(ii) the total number of all other eligible
populations served by the Office during the period
described who are residing in the State as of the
beginning of the fiscal year; and
``(iii) projections on the number, projections on
regional allocations, and information on the nature of
incoming refugees and other populations, such as
demographics, case management or medical needs, served
by the Office during the subsequent fiscal year.''.
(b) Report on Secondary Migration.--Section 412(a)(3) of such Act
(8 U.S.C. 1522(a)(3)) is amended--
(1) in the first sentence, by striking ``a periodic'' and
inserting ``an annual''; and
(2) by adding at the end the following: ``At the end of
each fiscal year, the Director shall submit to Congress a
report that describes the findings of the assessment, including
a list of States and localities experiencing departures and
arrivals due to secondary migration, likely reasons for
migration, the impact of secondary migration on States
receiving secondary migrants, availability of social services
for secondary migrants in such States, and unmet needs of those
secondary migrants.''.
(c) Assistance Made Available to Secondary Migrants.--Section
412(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(a)(1))
is amended by adding at the end the following:
``(C) In providing assistance under this section, the
Director shall ensure that such assistance is also provided to
refugees who are secondary migrants and meet all other
eligibility requirements for such services.''.
(d) Refugees Needing Specialized Medical Care or Preparation.--
Section 412(b)(4)(B) of the Immigration and Nationality Act (8 U.S.C.
1522(b)(4)(B)) is amended by inserting ``requiring specialized care or
preparation before the arrival of such refugees in the United States,
or'' after ``medical conditions''.
(e) Legal Assistance for Refugees and Asylees.--Section
412(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1522(c)(1)(A)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following:
``(iii) to provide legal services for
refugees to assist the refugees in obtaining
immigration benefits for which the refugees are
eligible; and''.
(f) Notice and Rulemaking.--Not later than 90 days after the date
of the enactment of this Act, but in no event later than 30 days before
the effective date of the amendments made by this section, the
Assistant Secretary shall--
(1) issue a proposed rule of the new formula by which
grants and contracts are to be allocated pursuant to the
amendments made by subsection (c); and
(2) solicit public comment.
(g) Effective Date.--The amendments made by this section shall take
effect on the first day of the first fiscal year that begins after the
date of the enactment of this Act.
SEC. 150. EXTENSION OF ELIGIBILITY PERIOD FOR SOCIAL SECURITY BENEFITS
FOR CERTAIN REFUGEES.
(a) Extension of Eligibility Period.--
(1) In general.--Section 402(a)(2)(M)(i) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1612(a)(2)(M)(i)) is amended--
(A) in subclause (I), by striking ``9-year'' and
inserting ``10-year''; and
(B) in subclause (II), by striking ``2-year'' and
inserting ``3-year''.
(2) Conforming amendment.--The heading for clause (i) of
section 402(a)(2)(M) of such Act is amended by striking ``Two-
year extension'' and inserting ``Extension''.
(3) Effective date.--The amendments made by this subsection
shall take effect as of October 1, 2020.
SEC. 151. UNITED STATES EMERGENCY REFUGEE RESETTLEMENT CONTINGENCY
FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``Domestic Emergency Refugee
Resettlement Contingency Fund'' (referred to in this section as the
``Fund''), to be administered by the Director of the Office of Refugee
Resettlement (referred to in this section as the ``Director'') for the
purpose described in subsection (b) and to remain available until
expended.
(b) Purpose.--Amounts from the Fund shall be used to enable the
Director to operate programs and carry out efforts and initiatives to
respond to urgent, unanticipated, or underfunded refugee and entrant
assistance activities under--
(1) the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.);
(2) section 602(b) of the Afghan Allies Protection Act of
2009 (Public Law 111-8; 8 U.S.C. 1101 note);
(3) section 501 of the Refugee Education Assistance Act of
1980 (Public Law 96-422; 8 U.S.C. 1522 note);
(4) the Torture Victims Relief Act of 1998 (Public Law 105-
320; 22 U.S.C. 2152 note);
(5) the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.); or
(6) section 1244 of the Refugee Crisis in Iraq Act of 2007
(Public Law 110-181; 122 Stat. 396).
(c) Use of Funds.--Amounts from the Fund--
(1) shall be subject to the same limitations set forth in
title V of division B of the Department of Defense and Labor,
Health and Human Services, and Education Appropriations Act,
2019 (Public Law 115-245) as are applicable to funds
appropriated for the Department of Health and Human Services
under such Act; and
(2) may only be used for initiatives that--
(A) replenish any previously appropriated funds
that have been reprogrammed, transferred, or withheld
from programs, projects, or activities that serve
refugees and entrants under the authorities described
in subsection (b);
(B) stabilize existing programs, projects, and
activities that serve such refugees and entrants by
augmenting funds previously appropriated to serve such
refugees and entrants;
(C) identify unmet resettlement or integration
needs of such refugees and entrants and implement
solutions for such needs; and
(D) meet such other needs as the Director considers
appropriate, consistent with the purpose under
subsection (b).
(3) Protection from reprogramming.--Notwithstanding any
other provision of law, none of the amounts deposited into or
made available from the Fund may be transferred, reprogrammed,
or otherwise made available for any purpose or use not
specified in this section.
(d) Availability of Funds.--Amounts in the Fund shall be available
to the Director of the Office of Refugee Resettlement to meet the
purpose described in subsection (b) in the national interest of the
United States, as determined by the Director.
(e) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated to the Director from time to time
such amounts as may be necessary for the Fund to carry out the
purpose described in subsection (b).
(2) Limitation.--No amount of funds may be appropriated
that, when added to amounts previously appropriated but not yet
obligated, would cause such amount to exceed $200,000,000.
(3) Justification to congress.--The President shall provide
to the appropriate committees of Congress a justification for
each request for appropriations under this section.
Subtitle F--Miscellaneous Provision
SEC. 161. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title, including, in addition to annual
funds derived from fee accounts of U.S. Citizenship and Immigration
Services, such sums as may be necessary to reduce the backlog of asylum
applications to the Refugee, Asylum and International Operations
Directorate.
TITLE II--REFUGEE AND ASYLUM SEEKER PROCESSING IN WESTERN HEMISPHERE
SEC. 201. EXPANSION OF REFUGEE AND ASYLUM SEEKER PROCESSING.
(a) Strengthening Processing and Adjudication Capacity.--
(1) In general.--The Secretary of State, in consultation
with the Secretary, shall collaborate with international
partners, including the United Nations High Commissioner for
Refugees, to support and strengthen the domestic capacity of
countries in the Western Hemisphere--
(A) to process and accept refugees for
resettlement; and
(B) to adjudicate asylum claims.
(2) Support and technical assistance.--The Secretary of
State, in consultation with the Secretary, shall provide
support and technical assistance to countries in the Western
Hemisphere to help such countries--
(A) expand and improve their capacity to identify,
process, and adjudicate refugee claims, adjudicate
applications for asylum, or otherwise accept refugees
referred for resettlement by the United Nations High
Commissioner for Refugees or host nations, including by
increasing the number of refugee and asylum officers
(as defined in section 235(b)(1)(E) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(E))) who are
trained in the relevant legal standards for
adjudicating claims for protection;
(B) establish and expand safe and secure refugee
reception centers to facilitate the safe and orderly
movement of individuals and families seeking
international protection;
(C) improve national refugee and asylum
registration systems to ensure that any person seeking
refugee status, asylum, or other humanitarian
protections--
(i) receives due process and meaningful
access to existing humanitarian protections;
(ii) is provided with adequate information
about his or her rights, including the right to
seek protection;
(iii) is properly screened for security,
including biographic and biometric capture; and
(iv) receives appropriate documents to
prevent fraud and ensure freedom of movement
and access to basic social services; and
(D) develop the capacity to conduct best interest
determinations for unaccompanied children with
international protection needs to ensure that--
(i) such children are properly registered;
and
(ii) their claims are appropriately
considered.
(b) Diplomatic Engagement and Coordination.--The Secretary of
State, in coordination with the Secretary, as appropriate, shall--
(1) carry out diplomatic engagement to secure commitments
from governments to resettle refugees from Central America; and
(2) take all necessary steps to ensure effective
cooperation among governments resettling refugees from Central
America.
SEC. 202. STRENGTHENING REGIONAL HUMANITARIAN RESPONSES.
The Secretary of State, in consultation with the Secretary, and in
coordination with international partners, including the United Nations
High Commissioner for Refugees, shall support and coordinate with the
government of each country hosting a significant population of refugees
and asylum seekers from El Salvador, Guatemala, and Honduras--
(1) to establish and expand temporary shelter and shelter
network capacity to meet the immediate protection and
humanitarian needs of refugees and asylum seekers, including
shelters for families, women, unaccompanied children, and other
vulnerable populations;
(2) to deliver to refugees and asylum seekers humanitarian
assistance that--
(A) is sensitive to gender identity and sexual
orientation, trauma, and age; and
(B) includes access to accurate information, legal
representation, education, livelihood opportunities,
cash assistance, mental and physical health care, and
other services;
(3) to establish and expand sexual, gender-based, intimate
partner, and intra-family violence prevention, recovery, and
humanitarian programming;
(4) to fund national and community humanitarian
organizations in humanitarian response; and
(5) to support local integration initiatives to help
refugees and asylum seekers rebuild their lives and contribute
in a meaningful way to the local economy in their host country.
SEC. 203. INFORMATION CAMPAIGN ON DANGERS OF IRREGULAR MIGRATION.
(a) In General.--The Secretary of State, in consultation with the
Secretary, shall design and implement public information campaigns in
El Salvador, Guatemala, and Honduras--
(1) to disseminate information about the potential dangers
of travel to the United States;
(2) to provide accurate information about United States
immigration law and policy; and
(3) to provide accurate information about the availability
of asylum and other humanitarian protections in countries in
the Western Hemisphere.
(b) Elements.--To the greatest extent possible, the information
campaigns implemented pursuant to subsection (a)--
(1) shall be targeted at regions with high rates of
violence, high levels of out-bound migration, or significant
populations of internally displaced persons;
(2) shall use local languages;
(3) shall employ a variety of communications media; and
(4) shall be developed in consultation with program
officials at the Department of Homeland Security, the
Department of State, and other government, nonprofit, or
academic entities in close contact with migrant populations
from El Salvador, Guatemala, and Honduras, including
repatriated migrants.
SEC. 204. REPORTING REQUIREMENT.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State, in consultation with the Secretary, shall
submit a report describing the plans of the Secretary of State to
assist in developing the refugee and asylum processing capabilities
described in this title to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Foreign Relations of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on the Judiciary of the House of
Representatives;
(5) the Committee on Foreign Affairs of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
SEC. 205. IDENTIFICATION, SCREENING, AND PROCESSING OF REFUGEES AND
OTHER INDIVIDUALS ELIGIBLE FOR LAWFUL ADMISSION TO THE
UNITED STATES.
(a) Designated Processing Centers.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary, shall enter into agreements
for the Secretary to establish designated processing centers
for--
(A) registering, screening, and processing refugees
and other eligible individuals in North America and
Central America; and
(B) resettling or relocating such individuals to
the United States or to other countries.
(2) Locations.--Not fewer than 1 designated processing
center shall be established in a safe and secure location
identified by the United States and the host government in--
(A) El Salvador;
(B) Guatemala;
(C) Honduras;
(D) Mexico;
(E) Costa Rica; and
(F) any other country that the Secretary of State
determines can accept and process requests and
applications under this title, including any country in
North America or Central America that is hosting
significant numbers of refugees or other displaced
individuals.
(b) Assistant Director of Regional Processing.--
(1) In general.--The Director of U.S. Citizenship and
Immigration Services shall appoint an Assistant Director of
Regional Processing, who shall oversee the establishment and
operation of all designated processing centers.
(2) Duties.--The Assistant Director of Regional Processing,
in coordination with the Secretary and the Director of U.S.
Citizenship and Immigration Services, shall--
(A) coordinate with the Secretary of State and the
host country to ensure that each designated processing
center is safe, secure, and reasonably accessible to
the public to facilitate the registration, screening,
and processing of individuals under this title;
(B) establish standard operating procedures for the
registration, screening, and processing of individuals
under this title;
(C) oversee the administration of the procedures
established pursuant to subparagraph (B); and
(D) carry out other duties and powers prescribed by
the Director of U.S. Citizenship and Immigration
Services.
(c) Personnel.--
(1) Refugee officers and related personnel.--The Secretary,
in consultation with the Director of U.S. Citizenship and
Immigration Services and the Assistant Director of Regional
Processing, shall ensure that sufficient numbers of refugee
officers and other personnel are assigned to each designated
processing center to fulfill the requirements under this title.
(2) Support personnel.--The Secretary and the Attorney
General shall hire and assign sufficient personnel to ensure
that all security and law enforcement background checks
required under this title are completed not later than 180 days
after a relevant application is submitted, absent exceptional
circumstances.
(d) Operations.--
(1) In general.--Each designated processing center
established pursuant to subsection (a)(2) shall commence
operations not later than 270 days after the date of the
enactment of this Act, absent extraordinary circumstances.
(2) Productivity.--The Secretary, in coordination with the
Secretary of State, shall--
(A) monitor the activities of each designated
processing center; and
(B) establish metrics and criteria for evaluating
the productivity of each designated processing center.
(3) Continuing operations.--Each designated processing
center--
(A) shall remain in operation for not less than 5
fiscal years; and
(B) shall continue operating until the Secretary
determines, in consultation with the Secretary of
State, and using the metrics and criteria established
pursuant to paragraph (2)(B), that the designated
processing center has failed to maintain sufficient
productivity for at least 4 consecutive calendar
quarters.
(4) Registration.--Each designated processing center shall
receive and register individuals seeking to apply for benefits
under this title.
(5) Intake.--Consistent with this title, registered
individuals shall be assessed to determine the benefits for
which they may be eligible, including--
(A) refugee resettlement pursuant to the Central
American Refugee Program described in section 206;
(B) the Central American Minors Program described
in section 207; and
(C) the Central American Family Reunification
Parole Program described in section 208.
(6) Expedited processing.--The Secretary may grant
expedited processing of applications and requests under this
title in emergency situations, for humanitarian reasons, or if
other circumstances warrant expedited treatment.
(e) Congressional Reports.--Not later than January 31 of the first
fiscal year immediately following the conclusion of the fiscal year
during which the first designated processing center commences
operations, and every January 31 thereafter, the Secretary, in
consultation with the Secretary of State, shall submit a report to the
Committee on the Judiciary of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on the Judiciary of the House of
Representatives, and the Committee on Foreign Affairs of the House of
Representatives that identifies, with respect to each designated
processing center during the previous fiscal year--
(1) the number of individuals who were registered,
screened, and processed for benefits under this title;
(2) the number of benefits requests that were approved; and
(3) the number of benefits requests that were denied.
SEC. 206. CENTRAL AMERICAN REFUGEE PROGRAM.
(a) In General.--
(1) Minimum annual number of central american refugees.--In
addition to any refugees designated for admission under section
207 of the Immigration and Nationality Act (8 U.S.C. 1157), in
each of fiscal years 2020, 2021, 2022, 2023, and 2024, not
fewer than 100,000 nationals of El Salvador, Guatemala, or
Honduras shall be admitted into the United States under this
section.
(2) Eligibility.--Any alien described in paragraph (1)
shall be admitted under this section if--
(A) the alien registers at a designated processing
center on or before September 30, 2024; and
(B) the Secretary of State, in consultation with
the Secretary, determines that the alien is admissible
as a refugee of special humanitarian concern to the
United States in accordance with this section.
(b) Initial Processing.--
(1) In general.--Any alien who, while registering at a
designated processing center, expresses a fear of persecution
or an intention to apply for refugee status may apply for
refugee resettlement under this section. Each applicant who
files a completed application shall be referred to a refugee
officer for further processing in accordance with this section.
(2) Submission of biographic and biometric data.--An
applicant described in paragraph (1) shall submit biographic
and biometric data in accordance with procedures established by
the Assistant Director of Regional Processing appointed
pursuant to section 205(b), who shall provide an alternative
procedure for applicants who are unable to provide all required
biographic and biometric data due to a physical or mental
impairment.
(3) Background checks.--The Assistant Director of Regional
Processing shall utilize biometric, biographic, and other
appropriate data to conduct security and law enforcement
background checks of applicants to determine whether there is
any criminal, national security, or other ground that would
render the applicant ineligible for admission as a refugee
under section 207 of the Immigration and Nationality Act (8
U.S.C. 1157).
(4) Orientation.--The Assistant Director of Regional
Processing shall provide prospective applicants for refugee
resettlement with information on applicable requirements and
legal standards. All orientation materials, including
application forms and instructions, shall be made available in
English and Spanish.
(5) International organizations.--The Secretary of State,
in consultation with the Secretary, shall enter into agreements
with international organizations, including the United Nations
High Commissioner for Refugees, to facilitate the processing
and preparation of case files for applicants under this
section.
(c) Adjudication of Applications.--
(1) In general.--Not later than 60 days after the date on
which an applicant is referred for further processing pursuant
to subsection (b)(1), the applicant shall be interviewed by a
refugee officer, who shall determine whether the applicant is a
refugee of special humanitarian concern to the United States
(as defined in paragraph (5)).
(2) Decision.--Not later than 14 days after the date on
which an applicant is interviewed under paragraph (1), the
refugee officer shall issue a written decision regarding the
application.
(3) Approval of application.--If a refugee officer approves
an application under this section, the applicant shall be
processed for resettlement to the United States as a refugee in
accordance with section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157). The security and law enforcement
background checks required under subsection (b)(3) shall be
completed, to the satisfaction of the Assistant Director of
Regional Processing, before the date on which an approved
applicant may be admitted to the United States.
(4) Denial of application.--If the refugee officer denies
an application under this section, the officer shall include a
reasoned, written explanation for the denial and refer the
applicant for a determination of eligibility for other benefits
under this title in accordance with section 205(d)(5). An
applicant who has been denied status as a refugee of special
humanitarian concern under this section may request review of
such decision by a supervisory refugee officer not later than
30 days after the date of such denial. The supervisory refugee
officer shall issue a final written decision not later than 30
days after such request for review.
(5) Refugee of special humanitarian concern.--In this
section, the term ``refugee of special humanitarian concern to
the United States'' means any individual who, in his or her
country of nationality has suffered (or in the case of an
individual who remains in his or her country of nationality,
has a well-founded fear of suffering)--
(A) domestic, sexual, or other forms of gender-
based violence, including forced marriage and
persecution based on sexual orientation or gender
identity;
(B) violence, extortion, or other forms of
persecution (including forced recruitment) committed by
gangs or other organized criminal organizations;
(C) a severe form of trafficking in persons; or
(D) other serious human rights abuses.
(6) Spouses and minor children.--The spouse or child of any
applicant who qualifies for admission under section 207(c) of
the Immigration and Nationality Act (8 U.S.C. 1157(c)) shall be
granted the same status as the applicant if accompanying or
following to join such applicant, in accordance with such
section.
(7) Refugee status.--An individual who is admitted to the
United States as a refugee of special humanitarian concern to
the United States under this section shall enjoy the same
rights and privileges, and shall be subject to the same grounds
for termination of refugee status, as provided in sections 207
and 209 of the Immigration and Nationality Act (8 U.S.C. 1157
and 1159).
(8) Fees.--No fee shall be imposed for the filing,
processing, or adjudication of an application under this
section.
(d) Optional Referral to Other Countries.--
(1) In general.--Notwithstanding subsection (b), an
applicant for refugee resettlement under this section may be
referred to another country for the processing of the
applicant's refugee claim if--
(A) another country agrees to immediately process
the applicant's refugee claim in accordance with the
terms and procedures of a bilateral agreement under
paragraph (2); and
(B) the applicant lacks substantial ties to the
United States as defined in paragraph (3) or requests
resettlement to a country other than the United States.
(2) Bilateral agreements for referral of refugees.--
(A) In general.--Subject to subparagraph (B), the
Secretary of State, in consultation with the Secretary,
shall enter into bilateral agreements with other
countries for the referral, processing, and
resettlement of individuals who--
(i) register at a designated processing
center; and
(ii) seek to apply for refugee resettlement
under this section.
(B) Limitation.--Agreements required under
subparagraph (A) may only be entered into with
countries that have the demonstrated capacity--
(i) to accept and adjudicate applications
for refugee status and other forms of
international protection; and
(ii) to resettle refugees consistent with
obligations under the United Nations Convention
Relating to the Status of Refugees, done at
Geneva July 28, 1951, as made applicable by the
Protocol Relating to the Status of Refugees,
done at New York January 31, 1967 (19 UST
6223).
(C) International organizations.--The Secretary of
State, in consultation with the Secretary, shall enter
into agreements with international organizations,
including the United Nations High Commissioner for
Refugees, to facilitate the referral, processing, and
resettlement of individuals covered under this
paragraph.
(3) Defined term.--In this subsection, an individual has
``substantial ties to the United States'' if the individual--
(A) has a spouse, parent, son, daughter, sibling,
grandparent, aunt, or uncle who resides in the United
States;
(B) can demonstrate previous residence in the
United States for not less than 2 years; or
(C) can otherwise demonstrate substantial ties to
the United States, as defined by the Secretary.
(e) Emergency Relocation Coordination.--
(1) In general.--The Secretary of State, in consultation
with the Secretary, shall enter into bilateral or multilateral
agreements with other countries in the Western Hemisphere to
establish safe and secure emergency transit centers for
individuals who--
(A) register at a designated processing center;
(B) face an imminent risk of harm; and
(C) require temporary placement in a safe location,
pending a final decision on an application under this
section.
(2) Consultation requirement.--Agreements required under
paragraph (1)--
(A) shall be developed in consultation with the
United Nations High Commissioner for Refugees; and
(B) shall conform to international humanitarian
standards.
(f) Expansion of Refugee Corps.--Not later than 60 days after the
date of the enactment of this Act, and subject to the availability of
amounts provided in advance in appropriation Acts, the Secretary shall
appoint such additional refugee officers as may be necessary to carry
out this section.
SEC. 207. CENTRAL AMERICAN MINORS PROGRAM.
(a) Special Immigrants.--Section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
(1) in subparagraph (L)(iii), by inserting a semicolon at
the end;
(2) in subparagraph (M), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(N) an immigrant (and any of his or her children
who are accompanying or following to join such
immigrant) who is--
``(i) a national of El Salvador, Honduras,
or Guatemala;
``(ii) an unmarried child of an individual
who is lawfully present in the United States;
``(iii) otherwise eligible to receive an
immigrant visa; and
``(iv) otherwise admissible to the United
States (excluding the grounds of
inadmissibility specified in section
212(a)(4)).''.
(b) Numerical Limitations.--
(1) In general.--The total number of aliens described in
section 101(a)(27)(N) of the Immigration and Nationality Act,
as added by subsection (a)(3), who may be granted special
immigrant status under this section may not exceed 10,000
during any of the 5 consecutive fiscal years beginning with the
fiscal year during which the first designated processing center
commences operations.
(2) Exclusion from numerical limitations.--Aliens granted
special immigrant status under this section shall not be
counted against any numerical limitation under section 201,
202, or 203 of the Immigration and Nationality Act (8 U.S.C.
1151 et seq.).
(3) Carry forward.--If the numerical limitation described
in paragraph (1) is not reached during any 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 total number of aliens who may be granted
special immigrant status under this section during the
first fiscal year; and
(B) the number of aliens who were granted such
special immigrant status during the first fiscal year.
(c) Petitions.--If an alien is determined to be eligible for
special immigrant status pursuant to an assessment under section
205(d)(5), the alien, or a parent or legal guardian of the alien, may
submit a petition for special immigrant status under this section at a
designated processing center.
(d) Adjudication.--
(1) In general.--If an alien who submits a completed
petition under subsection (c) is determined to be eligible for
special immigrant status under section 101(a)(27)(N) of the
Immigration and Nationality Act, as added by subsection (a)(3),
the Secretary, shall grant such status to such alien.
(2) Deadline.--Absent exceptional circumstances, petitions
submitted under this section shall be adjudicated not later
than 180 days after the date on which they are submitted at a
designated processing center.
(3) Applicants under prior program.--
(A) In general.--The Secretary of Homeland Security
shall deem an application filed under the Central
American Minors Refugee Program, established on
December 1, 2014, and terminated on August 16, 2017,
and which was not the subject of a final disposition
before January 31, 2018, to be a petition filed under
this section.
(B) Notification.--The Secretary shall--
(i) promptly notify all relevant parties of
the conversion of applications described in
subparagraph (A) into special immigrant
petitions under this section; and
(ii) provide instructions for withdrawing
such petitions to such parties if the alien no
longer desires the requested relief.
(C) Deadline.--Absent exceptional circumstances,
the Secretary shall make a final determination on each
petition described in subparagraph (A) that is not
withdrawn pursuant to subparagraph (B)(ii) not later
than 180 days after the date of the enactment of this
Act.
(4) Biometrics and background checks.--
(A) Submission of biometric and biographic data.--
Petitioners for special immigrant status under this
section shall submit biometric and biographic data in
accordance with procedures established by the Assistant
Director of Regional Processing. The Assistant Director
shall provide an alternative procedure for applicants
who are unable to provide all of the required biometric
data due to a physical or mental impairment.
(B) Background checks.--The Assistant Director
shall utilize biometric, biographic, and other
appropriate data to conduct security and law
enforcement background checks of petitioners to
determine whether there is any criminal, national
security, or other ground that would render the
applicant ineligible for special immigrant status under
this section.
(C) Completion of background checks.--The security
and law enforcement background checks required under
subparagraph (B) shall be completed, to the
satisfaction of the Assistant Director, before the date
on which a petition for special immigrant status under
this section may be approved.
SEC. 208. CENTRAL AMERICAN FAMILY REUNIFICATION PAROLE PROGRAM.
(a) In General.--If an alien is determined to be eligible for
parole under subsection (b) pursuant to an assessment under section
205(d)(5)--
(1) the designated processing center shall accept a
completed application for parole filed by the alien, or on
behalf of the alien by a parent or legal guardian of the alien;
and
(2) the Secretary shall grant parole to the alien, in
accordance with section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)).
(b) Eligibility.--An alien shall be eligible for parole under this
subsection if the alien--
(1) is a national of El Salvador, Guatemala, or Honduras;
(2) is the beneficiary of an approved immigrant visa
petition under section 203(a) of the Immigration and
Nationality Act (8 U.S.C. 1153(a));
(3) does not have an immigrant visa; and
(4) expects to obtain an immigrant visa not later than 5
years after the date on which the alien registers with a
designated processing center.
(c) Application and Adjudication.--
(1) In general.--An alien described in subsection (b) may
submit an application for parole under this section during the
90-day period beginning on the date on which the alien is
determined to be eligible for parole pursuant to an assessment
under section 205(d)(5).
(2) Adjudication deadlines.--Absent exceptional
circumstances, applications submitted under this section shall
be adjudicated not later than 180 days after the date of
submission.
(3) Biometrics and background checks.--
(A) Submission of biometric and biographic data.--
Applicants for parole under this section shall submit
biometric and biographic data in accordance with
procedures established by the Assistant Director of
Regional Processing. The Assistant Director shall
provide an alternative procedure for applicants who are
unable to provide all required biometric data due to a
physical or mental impairment.
(B) Background checks.--The Assistant Director of
Regional Processing shall utilize biometric,
biographic, and other appropriate data to conduct
security and law enforcement background checks of
applicants to determine whether there is any criminal,
national security, or other ground that would render
the applicant ineligible for parole under this section.
(C) Completion of background checks.--The security
and law enforcement background checks required under
subparagraph (B) shall be completed to the satisfaction
of the Assistant Director before the date on which an
application for parole may be approved.
(4) Approval.--Each designated processing center shall
issue appropriate travel documentation to aliens granted parole
under this section. Such aliens shall present such
documentation to U.S. Customs and Border Protection personnel
at a port of entry for parole into the United States not later
than 120 days after such documentation is issued.
SEC. 209. INFORMATIONAL CAMPAIGN; CASE STATUS HOTLINE.
(a) Informational Campaign.--The Secretary shall implement an
informational campaign, in English and Spanish, in the United States,
El Salvador, Guatemala, and Honduras to increase awareness of the
provisions set forth in this title.
(b) Case Status Hotline.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall establish a case status
hotline providing confidential processing information on pending cases.
TITLE III--SPECIAL IMMIGRANT VISA PROGRAMS
SEC. 301. IMPROVEMENT OF THE DIRECT ACCESS PROGRAM FOR U.S.-AFFILIATED
IRAQIS.
(a) In General.--Section 1243 of the Refugee Crisis in Iraq Act of
2007 (8 U.S.C. 1157 note) is amended by adding at the end the
following:
``(g) Improved Application Process.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Refugee Protection Act of 2019, the
Secretary of State and the Secretary of Homeland Security shall
improve the efficiency by which applications for status as a
refugee of special humanitarian concern under this section are
processed to ensure that all steps under the control of the
United States Government incidental to the approval of such
applications, including required screenings and background
checks, are completed not later than 5 years after the date on
which an eligible applicant submits an application under
subsection (a).
``(2) Exception.--Notwithstanding paragraph (1), the United
States Refugee Admission Program may take additional time to
process applications described in paragraph (1) if satisfaction
of national security concerns requires such additional time,
provided that the Secretary of Homeland Security, or his or her
designee, has determined that the applicant meets the
requirements for status as a refugee of special humanitarian
concern under this section and has notified the applicant of
such fact.
``(3) Reporting requirements.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Refugee Protection Act of
2019, and every 90 days thereafter, the Secretary of
State and the Secretary of Homeland Security shall
submit a report, with a classified annex, if necessary,
to--
``(i) the Committee on the Judiciary of the
Senate;
``(ii) the Committee on Foreign Relations
of the Senate;
``(iii) the Committee on Armed Services of
the Senate;
``(iv) the Committee on the Judiciary of
the House of Representatives;
``(v) the Committee on Foreign Affairs of
the House of Representatives; and
``(vi) the Committee on Armed Services of
the House of Representatives.
``(B) Public reports.--The Secretary of State shall
publish each report submitted pursuant to subparagraph
(A) on the website of the Department of State.
``(C) Contents.--Each report submitted pursuant to
subparagraph (A) shall describe the implementation of
improvements to the processing of applications for
refugee status required under paragraph (1), including
information relating to--
``(i) enhancing existing systems for
conducting background and security checks of
persons applying for refugee status under this
section, which shall--
``(I) support immigration security;
and
``(II) provide for the orderly
processing of such applications without
significant delay;
``(ii) the number of aliens who have
applied for refugee status under this section
during each month of the preceding fiscal year;
``(iii) the reasons for the failure to
process any applications that have been pending
for longer than 5 years;
``(iv) the total number of applications
that are pending at the end of the reporting
period;
``(v) the average wait times for all
applicants who are currently pending--
``(I) employment verification;
``(II) a prescreening interview
with a resettlement support center;
``(III) an interview with U.S.
Citizenship and Immigration Services;
and
``(IV) the completion of security
checks;
``(vi) the number of denials or rejections
of applicants for refugee status, disaggregated
by the reason for denial; and
``(vii) the reasons for denials by U.S.
Citizenship and Immigration Services based on
the categories already made available to denied
applicants for refugee status in the
notification of ineligibility issued to them by
U.S. Citizenship and Immigration Services.''.
(b) Savings Provisions.--Refugee admissions granted pursuant to
section 1243 of the Refugee Crisis in Iraq Act (8 U.S.C. 1157 note)
shall not count against the numerical limitation set forth in section
207 of the Immigration and Nationality Act (8 U.S.C. 1157).
SEC. 302. CONVERSION OF CERTAIN PETITIONS.
Section 2 of Public Law 110-242 (8 U.S.C. 1101 note) is amended by
striking subsection (b) and inserting the following:
``(b) Duration.--The authority under subsection (a) shall expire on
the date on which the numerical limitation specified under section 1244
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 8 U.S.C. 1157 note) is reached.''.
SEC. 303. SPECIAL IMMIGRANT VISA PROGRAM REPORTING REQUIREMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
State, in consultation with the Inspector General of the Department of
Defense, shall submit a report, with a classified annex if necessary,
to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Foreign Relations of the Senate;
(3) the Committee on Armed Services of the Senate;
(4) the Committee on the Judiciary of the House of
Representatives;
(5) the Committee on Foreign Affairs of the House of
Representatives; and
(6) the Committee on Armed Services of the House of
Representatives.
(b) Publication.--The Department of State shall publish the report
submitted under subsection (a) on the website of the Department of
State.
(c) Contents.--The report submitted under subsection (a) shall
evaluate--
(1) the obstacles to effective protection of Afghan and
Iraqi allies through the special immigrant visa program between
2009 and the present;
(2) measures to improve efficient processing in the special
immigrant visa programs; and
(3) suggestions for improvements in future programs,
including information relating to--
(A) the hiring of locally employed staff and
contractors;
(B) documenting the identity and employment of
locally employed staff and contractors of the United
States Government, including the possibility of
establishing a central database of employees of the
United States Government and its contractors;
(C) the protection in and safety of employees of
locally employed staff and contractors;
(D) means of expediting processing at all stages of
the process for applicants, including consideration of
reducing required forms;
(E) appropriate staffing levels for expedited
processing domestically and abroad;
(F) the effect of uncertainty of visa availability
on visa processing;
(G) the cost and availability of medical
examinations; and
(H) means to reduce delays in interagency
processing and security checks.
(d) Consultation.--In preparing the report under subsection (a),
the Inspector General shall consult with--
(1) the Visa Office of the Bureau of Consular Affairs Visa
Office of the Department of State;
(2) the Executive Office of the Bureau of Near Eastern
Affairs and South and Central Asian Affairs of the Department
of State;
(3) the Consular Section of the United States Embassy in
Kabul, Afghanistan;
(4) the Consular Section of the United States Embassy in
Baghdad, Iraq;
(5) U.S. Citizenship and Immigration Services of the
Department of Homeland Security;
(6) the Department of Defense;
(7) nongovernmental organizations providing legal aid in
the special immigrant visa application process; and
(8) wherever possible, current and former employees of the
offices referred to in paragraphs (1) through (6).
SEC. 304. IMPROVEMENTS TO APPLICATION PROCESS FOR AFGHAN SPECIAL
IMMIGRANT VISAS.
Section 602(b) of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note) is amended--
(1) in paragraph (2)(A)(ii)--
(A) in the matter preceding subclause (I), by
inserting ``for the first time'' after ``September 30,
2015''; and
(B) in subclause (I)--
(i) in item (aa) by inserting ``for the
first time'' after ``subparagraph (D)''; and
(ii) in item (bb) by inserting ``for the
first time'' after ``subparagraph (D)''; and
(2) in paragraph (4)(A) by inserting, ``, including Chief
of Mission approval,'' after ``so that all steps''.
SEC. 305. SPECIAL IMMIGRANT STATUS FOR CERTAIN SURVIVING SPOUSES AND
CHILDREN.
(a) In General.--Section 101(a)(27)(D) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(D)) is amended--
(1) by striking ``an immigrant who is an employee'' and
inserting the following: ``an immigrant who--
``(i) is an employee''; and
(2) by striking ``status;'' and inserting the following:
``status; or
``(ii) an immigrant who is the surviving
spouse or child of an employee of the United
States Government abroad: Provided, That the
employee performed faithful service for a total
of not less than 15 years or was killed in the
line of duty;''.
(b) Special Immigrant Status for Surviving Spouses and Children.--
Section 602(b)(2)(C) of the Afghan Allies Protection Act of 2009, as
amended by section 304, is further amended--
(1) in clause (ii), by redesignating subclauses (I) and
(II) as items (aa) and (bb), respectively and moving such items
2 ems to the right;
(2) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively and moving such subclauses 2 ems to the
right;
(3) in the matter preceding subclause (I), as redesignated,
by striking ``An alien is described'' and inserting the
following:
``(i) In general.--An alien is described'';
(4) in clause (i)(I), as redesignated, by striking ``who
had a petition for classification approved'' and inserting
``who had submitted an application to the Chief of Mission'';
and
(5) by adding at the end the following:
``(ii) Employment requirements.--An
application by a surviving spouse or child of a
principal alien shall be subject to employment
requirements set forth in subparagraph (A) as
of the date of the principal alien's filing of
an application for the first time, or if no
application has been filed, the employment
requirements as of the date of the principal
alien's death.''.
(c) Special Immigrant Status for Certain Iraqis.--Section
1244(b)(3) of the Refugee Crisis in Iraq Act (8 U.S.C. 1157 note)--
(1) in subparagraph (B), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively and moving such
subclauses 2 ems to the right;
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively and moving such clauses 2 ems to the
right;
(3) in the matter preceding clause (i), as redesignated, by
striking ``An alien is described'' and inserting the following:
``(A) In general.--An alien is described'';
(4) in subparagraph (A)(i), as redesignated, by striking
``who had a petition for classification approved'' and
inserting ``who submitted an application to the Chief of
Mission''; and
(5) by adding at the end the following:
``(B) Employment requirements.--An application by a
surviving spouse or child of a principal alien shall be
subject to employment requirements set forth in
paragraph (1) as of the date of the principal alien's
filing of an application for the first time, or if the
principal alien do not file an application, the
employment requirements as of the date of the principal
alien's death.''.
(d) Effective Date.--The amendments made by this subsection shall
be effective on June 30, 2019, and shall have retroactive effect.
SEC. 306. INCLUSION OF CERTAIN SPECIAL IMMIGRANTS IN THE ANNUAL REFUGEE
SURVEY.
Section 413(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1523(b)(1)) is amended by inserting ``and individuals who have opted to
receive refugee benefits and who were admitted pursuant to section 1059
of the National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 8 U.S.C. 1101 note), section 1244 of the Refugee Crisis in
Iraq Act of 2007 (8 U.S.C. 1157 note), section 602 of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note), or section 308 of the
Refugee Protection Act of 2019'' after ``who have entered the United
States,''.
SEC. 307. UNITED STATES REFUGEE PROGRAM PRIORITIES.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Homeland Security, shall designate as Priority 2 refugees
of special humanitarian concern--
(1) Syrian Kurds, stateless persons who habitually resided
in Syria, and other Syrians who partnered with, or worked for
or directly with, the United States Government in Syria;
(2) Syrian Kurds, stateless persons who habitually resided
in Syria, and other Syrians who were employed in Syria by--
(A) a media or nongovernmental organization based
in the United States;
(B) an organization or entity that has received a
grant from, or entered into a cooperative agreement or
contract with, the United States Government; or
(C) an organization that--
(i) was continuously physically present in
Northeast Syria between 2011 and the date of
the enactment of this Act; and
(ii) has partnered with an organization
described in subparagraph (A) or (B);
(3) the spouses, children, sons, daughters, siblings, and
parents of aliens described in paragraph (1) or section 308(b);
(4) Syrian Kurds, stateless persons who habitually resided
in Syria, and other Syrians who have an immediate relative (as
defined in section 201(b)(2)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i))) or a family member
described in section 203(a) of such Act (8 U.S.C. 203(a)) who
is physically present in the United States;
(5) Syrian Kurds, stateless persons who habitually resided
in Syria, and other Syrians who were or are employed by the
United States Government in Syria, for an aggregate period of
at least 1 year; and
(6) citizens or nationals of Syria or Iraq, or stateless
persons who habitually resided in Syria or Iraq, who provided
service to United States counter-ISIS efforts for an aggregate
period of at least 1 year.
(b) Eligibility for Admission as a Refugee.--An alien may not be
denied the opportunity to apply for admission as a refugee 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.
(c) Membership in Certain Syrian Organizations.--An applicant for
admission to the United States may not be deemed inadmissible based
solely 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) Exclusion From Numerical Limitations.--Aliens provided refugee
status under this section shall not be counted against any numerical
limitation under section 201, 202, 203, or 207 of the Immigration and
Nationality Act (8 U.S.C. 1151, 1152, 1153, and 1157).
(e) Timeline for Processing Applications.--
(1) In general.--The Secretary of State and the Secretary
of Homeland Security shall ensure that all steps under the
control of the United States Government incidental to the
approval of such applications, including required screenings
and background checks, are completed not later than 5 years
after the date on which an eligible applicant submits an
application under subsection (a).
(2) Exception.--Notwithstanding paragraph (1), the United
States Refugee Admission Program may take additional time to
process applications described in paragraph (1) if satisfaction
of national security concerns requires such additional time,
provided that the Secretary of Homeland Security, or the
designee of the Secretary, has determined that the applicant
meets the requirements for status as a refugee of special
humanitarian concern under this section and has so notified the
applicant.
(f) Reporting Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of the Refugee Protection Act of 2019, and every 90
days thereafter, the Secretary of State and the Secretary of
Homeland Security shall submit a report to--
(A) the Committee on the Judiciary, the Committee
on Foreign Relations, and the Committee on Armed
Services of the Senate; and
(B) the Committee on the Judiciary, the Committee
on Foreign Affairs, and the Committee on Armed Services
of the House of Representatives.
(2) Matters to be included.--Each report submitted under
paragraph (1) shall describe the processing of applications for
refugee status required under subsection (e), including
information relating to--
(A) the number of aliens who have applied for
refugee status under this section during each month of
the preceding fiscal year;
(B) the total number of applications that are
pending at the end of the reporting period;
(C) the average wait-times for all applicants who
are currently pending--
(i) employment verification;
(ii) a prescreening interview with a
resettlement support center;
(iii) an interview with U.S. Citizenship
and Immigration Services; and
(iv) the completion of security checks;
(D) the number of denials or rejections of
applicants for refugee status, disaggregated by the
reason for denial; and
(E) the reasons for denials by U.S. Citizenship and
Immigration Services based on the categories already
made available to denied applicants for refugee status
in the notification of ineligibility issued to such
denied applicants by U.S. Citizenship and Immigration
Services.
(3) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(4) Public reports.--The Secretary of State shall make each
report submitted under paragraph (1) available to the public on
the internet website of the Department of State.
(g) Identification of Other Persecuted Groups.--The Secretary of
State, or the designee of the Secretary, is authorized to classify
other groups of Syrians, including vulnerable populations, as Priority
2 refugees of special humanitarian concern.
(h) Satisfaction of Other Requirements.--Aliens granted status
under this section as Priority 2 refugees of special humanitarian
concern under the refugee resettlement priority system shall be deemed
to satisfy the requirements under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) for admission to the United States.
SEC. 308. SPECIAL IMMIGRANT STATUS FOR CERTAIN SYRIAN WHO WORKED FOR
THE UNITED STATES GOVERNMENT IN SYRIA.
(a) In General.--Subject to subsection (c)(1), for purposes of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary
of Homeland Security may provide any 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;
(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))), except that an applicant for admission to
the United States under this section may not be deemed
inadmissible based solely on membership in, participation in,
or support provided to, the Syrian Democratic Forces or other
partner organizations as determined by the Secretary of
Defense; and
(4) clears a background check and appropriate screening, as
determined by the Secretary of Homeland Security.
(b) Aliens Described.--An alien described in this subsection--
(1)(A) is a citizen or national of Syria or a stateless
person who has habitually resided in Syria;
(B) was employed by or on behalf of (including under a
contract, cooperative agreement or grant) with the United
States Government in Syria, for a period of at least 1 year
beginning on January 1, 2014; and
(C) obtained a favorable written recommendation from a U.S.
citizen supervisor who was in the chain of command of the
United States Armed Forces unit or U.S. Government entity that
was supported by the alien; or
(2)(A) is the spouse or a child of a principal alien
described in paragraph (1); and
(B)(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 join the principal alien in the United
States--
(I) was or would be revoked, terminated, or
otherwise rendered null; and
(II) would have been approved if the principal
alien had survived.
(c) 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 5,000 in any of the first 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.
(d) 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.
(e) Protection of Aliens.--The Secretary of State, in consultation
with the heads of other appropriate Federal agencies, shall make a
reasonable effort to provide protection to each alien described in
subsection (b) who is seeking special immigrant status under this
section or to immediately remove such alien from Syria, if possible, if
the Secretary determines, after consultation, that such alien is in
imminent danger.
(f) 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.--
(A) In general.--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.
(B) Rule of construction.--Notwithstanding
subparagraph (A), any Secretary referred to in such
subparagraph may take longer than 270 days to complete
the steps incidental to issuing a visa under this
section if the Secretary, or the designee of the
Secretary--
(i) determines that the satisfaction of
national security concerns requires additional
time; and
(ii) notifies the applicant of such
determination.
(3) 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.
(g) Eligibility for Other Immigrant Classification.--An alien may
not be denied the opportunity to apply for admission under this section
solely because such alien--
(1) qualifies as an immediate relative of a national of the
United States; or
(2) is eligible for admission to the United States under
any other immigrant classification.
(h) 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).
(i) Authority To Carry Out Administrative Measures.--The Secretary
of Homeland Security, the Secretary of State, and the Secretary of
Defense 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.
(j) Rulemaking.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall promulgate
regulations to carry out this section, including establishing
requirements for background checks.
(k) Savings Provision.--Nothing in this section may be construed to
affect the authority of the Secretary of Homeland Security under
section 1059 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 8 U.S.C. 1101 note).
SEC. 309. SPECIAL IMMIGRANT STATUS REPORTING REQUIREMENT.
(a) In General.--Not later than January 30 each year, the Inspector
General of the Department of State shall submit an report on the
implementation of the Syrian special immigrant status program under
section 308 for the preceding calendar year 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
Relations, and the Committee on Armed Services of the House of
Representatives.
(b) Matters To Be Included.--Each report submitted under subsection
(a) shall include, for the applicable calendar year, the following:
(1) The number of petitions filed under such program.
(2) The number of such petitions pending adjudication.
(3) The number of such petitions pending visa interview.
(4) The number of such petitions pending security checks.
(5) The number of such petitions that were denied.
(6) The number of cases under such program that have
exceeded the mandated processing time and relevant case
numbers.
(7) A description of any obstacle discovered that would
hinder effective implementation of such program.
(c) Consultation.--In preparing a 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 Department of Homeland Security, U.S. Citizenship
and Immigration Services;
(4) the Department of Defense; and
(5) nongovernmental organizations providing legal aid in
the special immigrant visa application process.
(d) Form.--Each report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(e) Publication.--Each report submitted under this section shall be
made available to the public on the internet website of the Department
of State.
SEC. 310. PROCESSING MECHANISMS.
The Secretary of State shall use existing refugee processing
mechanisms in Iraq and in other countries, as appropriate, in the
region in which--
(1) aliens described in section 307(a) may apply and
interview for admission to the United States as refugees; and
(2) aliens described in section 308(b) may apply and
interview for admission to the United States as special
immigrants.
TITLE IV--GENERAL PROVISIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act, and the amendments made by this Act.
SEC. 402. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139),
shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, jointly
submitted for printing in the Congressional Record by the Chairmen of
the Senate Budget Committee, provided that such statement has been
submitted prior to the vote on passage.
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