[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5767 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5767
To defer the removal of certain Eritrean nationals for a 24-month
period, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2020
Ms. Omar (for herself, Ms. Bass, Mr. Neguse, Mr. Payne, Ms. Norton, Mr.
McGovern, Mr. Carson of Indiana, Ms. Clarke of New York, Ms. Jayapal,
Mr. Johnson of Georgia, Ms. McCollum, Ms. Jackson Lee, Mr. Grijalva,
Mr. Khanna, Ms. Pressley, Mr. Horsford, Ms. Tlaib, Ms. Ocasio-Cortez,
Mrs. Watson Coleman, Ms. Scanlon, Ms. Schakowsky, Mr. Smith of
Washington, Mr. Gomez, Mr. Engel, Mr. Espaillat, Ms. Lee of California,
Mr. Rush, Mr. Raskin, Ms. Craig, Mr. Phillips, and Mr. Clay) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To defer the removal of certain Eritrean nationals for a 24-month
period, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eritrean Nationals' Safety from
Unjust Removal or Expulsion Act'' or the ``ENSURE Act of 2020''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are 700 Eritrean nationals living in the United
States who have final orders of removal.
(2) In September 2017, the Secretary of Homeland Security
announced visa sanctions to encourage certain recalcitrant
countries, including Eritrea, to accept the respective
nationals from such countries who are subject to final orders
of removal from the United States.
(3) Eritrea has generally declined to issue travel
documents to accept such nationals upon removal from the United
States but has begun to issue such documents due to the threat
of visa sanctions from the United States.
(4) The human rights crisis and humanitarian situation in
Eritrea has resulted in extraordinary conditions that have
driven nationals to flee the country and prevented such
nationals from safely returning to Eritrea.
(5) Conditions in Eritrea have been historically dangerous
and oppressive for certain groups that frequently suffer state
reprisal, including individuals who have fled Eritrea to evade
indefinite military service and arbitrary detention,
conscientious objectors, opponents of political leaders in
Eritrea, journalists, and religious minorities.
(6) If returned to Eritrea after removal from the United
States, many Eritrean nationals that belong to such groups may
face persecution, torture, or death.
(7) Eritrean nationals who are removed from the United
States are also at a particular risk of state reprisal for
leaving in the first place.
(8) The most recent report of the United Nations Special
Rapporteur on the situation of human rights in Eritrea assessed
current country conditions as grim, with arbitrary arrests,
detentions, tortures, disappearances, and extrajudicial
executions occurring regularly.
(9) Human rights violations, including indefinite military
service, overcrowding in prolonged, unsanitary detention, and
an overall lack of freedom of movement and expression, persist
in Eritrea, contributing to the mass exodus from the country.
(10) United Nations Special Rapporteurs in Eritrea have
determined that this situation is forcing many Eritrean
nationals to choose between enslavement if they stay in Eritrea
or death if they attempt to leave Eritrea.
(11) The most recent State Department report on human
rights practices in Eritrea warns that many citizens who have
fled Eritrea ``remain in self-imposed exile due to their
religious and political views and fear that they would be
conscripted into national service if returned,'' which may
result in torture and death.
(12) In order to begin to restore immigration relations
with the United States, Eritrea will need to adopt
accountability measures that ensure that Eritrean nationals
returned to Eritrea do not face state reprisal.
(13) In 2018, the co-chairs of the Tom Lantos Human Rights
Commission reiterated these concerns in a bipartisan delegation
letter to the Secretary of State, urging the Department of
State to ensure human rights objectives were taken into
consideration when resetting any relations or policies toward
Eritrea.
(14) In 2017, the Director of U.S. Immigration and Customs
Enforcement sought to remove approximately 700 Eritrean
nationals from the United States.
(15) Without enough time to seek immigration assistance
based on country conditions in Eritrea, and without careful
consideration for each case, Eritrean nationals could be
removed to face persecution, torture, or death before such
Eritreans receive fair adjudication of eligibility for relief
under current law and in light of present facts.
(16) Deferring removal of Eritrean nationals for 24 months
would give--
(A) such Eritreans, who have not had the time or
resources to seek sufficient immigration assistance or
legal counsel based on the unique circumstances
described in this section, time to seek such assistance
or counsel;
(B) immigration judges and authorities the time to
fully understand the dire human rights crisis and
humanitarian situation in Eritrea; and
(C) the Government of Eritrea time to start to
reform the security of Eritrea and address human rights
abuses within Eritrea, including preventing indefinite
military service, arbitrary and prolonged detention,
and general persecution of the Eritrean people.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Eritrean nationals should not be deported to Eritrea if
such nationals face persecution, torture, or death;
(2) due to the horrific conditions in Eritrea, including
conditions listed under section 2, and the substantial increase
in removal orders for Eritrean aliens in the United States, it
would both be unfair and dangerous to deport Eritreans without
ensuring that each case is carefully considered or, if
applicable, reconsidered based on current country conditions in
Eritrea; and
(3) the removal of Eritrean nationals described in section
4 should be deferred for a period of 24 months, at the end of
which Congress should have the opportunity to reevaluate
conditions in Eritrea.
SEC. 4. DEFERRAL OF REMOVAL FOR ERITREAN NATIONALS WITH REMOVAL ORDERS.
(a) In General.--Subject to subsection (b), an alien may not be
removed during the 24-month period beginning on the date of the
enactment of this Act if the alien--
(1) is a national of Eritrea;
(2) has been ordered removed to Eritrea at any time before
the date of the enactment of this Act; and
(3) has been continuously physically present in the United
States since the effective date of the enactment of this Act.
(b) Employment Authorizations.--Upon application to the Secretary
of Homeland Security, an alien whose removal is deferred pursuant to
this Act shall be authorized to engage in employment during the 24-
month period described in subsection (a), provided that--
(1) the alien is not subject to extradition by an
international tribunal or by a country with a treaty of
extradition with the United States (except the alien shall not
be extradited to Eritrea); or
(2) if the alien is subject to extradition under paragraph
(1) due to an accusation of torture, crimes against humanity,
war crimes, or genocide, the Secretary of State and the
Attorney General certify that such accusation is not credible
with respect to the alien.
SEC. 5. NOTICE FOR CERTAIN ALIENS WITH REMOVAL ORDERS TO ERITREA.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall provide
notice of the provisions of this Act to each alien described in section
4(a).
(b) Contents of Notice.--The notice required under subsection (a)
shall include clear instructions explaining how an alien may file a
motion to reopen a proceeding under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) based on current country conditions.
SEC. 6. PROHIBITION ON DETENTION.
The Secretary of Homeland Security may not detain an alien whose
removal is deferred pursuant to this Act based upon--
(1) the immigration status of such alien in the United
States; or
(2) a motion filed by the alien to reopen a proceeding
under section 240 of the Immigration and Nationality Act (8
U.S.C. 1229a).
SEC. 7. JUDICIAL REVIEW.
(a) Review.--Notwithstanding any other provision of law, an
individual or entity who has been harmed by a violation of this Act may
file an action in an appropriate district court of the United States to
seek declaratory or injunctive relief.
(b) Rule of Construction.--Nothing in this Act may be construed to
preclude an action filed pursuant to subsection (a) from proceeding as
a class action (as such term is defined in section 1711 of title 28,
United States Code).
SEC. 8. REPORTS.
(a) Report Regarding Asylum and Refugee Seekers.--Not later than
180 days after the date of the enactment of this Act, and annually
thereafter, the Secretary of Homeland Security, in consultation with
the Attorney General, shall submit to Congress a report that includes--
(1) the number of Eritrean nationals who--
(A) have been removed upon an order of the Attorney
General from the United States each fiscal year
beginning on September 1, 2019, through the present
fiscal year;
(B) are--
(i) currently in the United States;
(ii) in detention by the Attorney General;
(iii) under final orders of removal from
the United States; or
(iv) the subject of a request from the head
of U.S. Immigration and Customs Enforcement to
the Government of Eritrea for travel documents;
(C) applied for status as a refugee under section
207 of the Immigration and Nationality Act (8 U.S.C.
1157), including the number of Eritrean nationals who
were granted such status; or
(D) applied for asylum under section 208 of the
Immigration and Nationality Act (8 U.S.C. 1158),
including the number of Eritrean nationals who were
granted such status;
(2) with respect to Eritrean nationals identified pursuant
to paragraph (1)(A), the names of each such country that such
nationals were removed to; and
(3) with respect to Eritrean nationals identified pursuant
to paragraph (1), the number of Eritrean nationals that qualify
under 2 or more of the requirements under paragraph (1).
(b) Report on the Safety of Eritrean Nationals Removed From the
United States.--Not later than 180 days after the date of the enactment
of this Act, and annually thereafter, the Secretary of Homeland
Security, in consultation with the Secretary of State, shall submit to
Congress a report describing how the Federal Government is ensuring the
safety of Eritrean nationals removed from the United States to another
country.
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