[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5353 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5353
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 SENATE OF THE UNITED STATES
December 21, 2022
Mr. Leahy introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
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 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; sense of Congress.
Sec. 3. Definitions.
TITLE I--ADMISSION AND PROTECTION OF REFUGEES, ASYLUM SEEKERS, AND
OTHER VULNERABLE INDIVIDUALS
Subtitle A--Refugees and Asylum Seekers
Sec. 1101. Modification of definition of refugee.
Sec. 1102. Multiple forms of relief available to refugees and asylum
seekers.
Sec. 1103. Elimination of time limits on asylum applications.
Sec. 1104. Safe third country exception.
Sec. 1105. Consideration of asylum claims.
Sec. 1106. Transparency in refugee determinations.
Sec. 1107. Authority to designate certain groups of refugees from
countries of particular concern and
admission of refugees in emergency
situations.
Sec. 1108. Employment authorization for asylum seekers and other
individuals.
Sec. 1109. Admission of refugees and asylees as lawful permanent
residents.
Sec. 1110. Complementary protection.
Sec. 1111. Internal relocation.
Sec. 1112. Firm resettlement.
Subtitle B--Protections for Children and Families
Sec. 1201. Keeping families together.
Sec. 1202. Protections for minors seeking asylum.
Sec. 1203. Fair day in court for kids.
Subtitle C--Protections for Other Vulnerable Individuals
Chapter 1--Stateless Protection
Sec. 1311. Protection of stateless persons in the United States.
Sec. 1312. Prevention of statelessness.
Chapter 2--Other Individuals
Sec. 1321. Protecting victims of terrorism from being defined as
terrorists.
Sec. 1322. Protection for aliens interdicted at sea.
Sec. 1323. Enhanced protection for individuals seeking U visas, T
visas, and protection under VAWA.
Subtitle D--Protections Relating to Removal, Detention, and Prosecution
Sec. 1401. Prevention of erroneous in absentia orders of removal.
Sec. 1402. Scope and standard for review of removal orders.
Sec. 1403. Presumption of liberty for asylum seekers.
Sec. 1404. Procedures for ensuring accuracy and verifiability of sworn
statements taken pursuant to expedited
removal authority.
Sec. 1405. Inspections by immigration officers.
Sec. 1406. Study on effect on asylum claims of expedited removal
provisions, practices, and procedures.
Sec. 1407. Alignment with Refugee Convention obligations by prohibiting
criminal prosecution of refugees.
Subtitle E--Refugee Resettlement
Sec. 1501. Sense of Congress on coordination of refugee program
agencies.
Chapter 1--Refugee Admissions
Sec. 1511. Numerical goals for annual refugee admissions.
Sec. 1512. Reform of refugee admissions consultation process.
Sec. 1513. United States emergency refugee resettlement contingency
fund.
Sec. 1514. Complementary pathways.
Chapter 2--Resettlement Program and Support
Sec. 1521. Elevation of Office of Refugee Resettlement.
Sec. 1522. Refugee resettlement; radius requirements.
Sec. 1523. Study and report on contributions by refugees to the United
States.
Sec. 1524. Update of reception and placement grants.
Sec. 1525. Subsidy reception and placement grant to support
unanticipated economic and public health
needs.
Sec. 1526. Resettlement data.
Sec. 1527. Refugee assistance.
Sec. 1528. Stabilizing resettlement site capacity for volunteer
coordination, housing coordination, and AOR
processing.
Sec. 1529. Community partnerships, civic engagement, and refugee
leadership development.
Chapter 3--Access to Services and Benefits
Sec. 1531. Extension of eligibility period for Social Security benefits
for certain refugees.
Sec. 1532. In-State tuition rates for refugees, asylees, and certain
special immigrants.
Chapter 4--Training, Orientation, and Inclusion
Sec. 1541. Pre-departure training for approved refugee applicants.
Sec. 1542. Domestic refugee resettlement programs on digital and
financial literacy; housing and
transportation access.
Sec. 1543. Study and report on digital literacy, equity, and inclusion
among refugees in the United States.
Chapter 5--Domestic Refugee Resettlement Reform and Modernization Act
Sec. 1551. Short title.
Sec. 1552. Definitions.
Sec. 1553. Assessment of refugee domestic resettlement programs.
Sec. 1554. Guidance regarding refugee placement decisions.
Chapter 6--Overseas Processing and Preparation
Sec. 1561. Refugee biometric data and reporting.
Sec. 1562. Prioritization of family reunification in refugee
resettlement process.
Sec. 1563. Priority 3 family reunification cases.
Sec. 1564. Creating a Roving Resettlement Support Center.
Subtitle F--Authorization of Appropriations
Sec. 1601. Authorization of appropriations.
TITLE II--REFUGEE AND ASYLUM SEEKER PROCESSING IN WESTERN HEMISPHERE
Sec. 2101. Expansion of refugee and asylum seeker processing.
Sec. 2102. Strengthening regional humanitarian responses.
Sec. 2103. Information campaign on dangers of irregular migration.
Sec. 2104. Reporting requirement.
Sec. 2105. Identification, screening, and processing of refugees and
other individuals eligible for lawful
admission to the United States.
Sec. 2106. Central American refugee program.
Sec. 2107. Central American Minors Program.
Sec. 2108. Central American Family Reunification Parole Program.
Sec. 2109. Informational campaign; case status hotline.
TITLE III--SPECIAL IMMIGRANT VISA PROGRAMS
Sec. 3101. Special immigrant visa program reporting requirement.
Sec. 3102. Inclusion of certain special immigrants in the annual
refugee survey.
TITLE IV--NONDISCRIMINATION
Sec. 4101. Expansion of nondiscrimination provision.
Sec. 4102. Transfer and limitations on authority to suspend or restrict
the entry of a class of aliens.
Sec. 4103. Visa applicants report.
TITLE V--GENERAL PROVISIONS
Sec. 5101. Authorization of appropriations.
Sec. 5102. Determination of budgetary effects.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) In 2022, the world is in the midst of the worst global
displacement crisis in history, with more than 103,000,000
forcibly displaced persons, including more than 32,500,000
refugees worldwide, nearly half of whom are children, according
to estimates from the United Nations High Commissioner for
Refugees.
(2) In 2023, the United Nations High Commissioner for
Refugees estimates that global resettlement needs will
significantly increase to 2,003,982 individuals, as compared to
2022--
(A) in which 1,473,156 individuals were estimated
to be in need of third-country resettlement; and
(B) during the first 6 months of which 42,300
individuals were resettled worldwide.
(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; and
(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, climate displaced
persons, and stateless people; and
(D) working alongside other countries to strengthen
protection systems and support.
(5) The United States has steadily reduced 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.
(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 access to territory
and 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,
climate displaced persons, stateless people, and other
migrants, including--
(i) community-based alternatives to
detention for asylum seekers and other
vulnerable migrants;
(ii) improved detention conditions and
reduced reliance on immigrant detention;
(iii) monitoring to ensure 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 that the United States meets the
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.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the global refugee crisis is dire and requires
international and regional cooperation and action; and
(2) the United States should--
(A) assert strong leadership in multilateral fora,
such as the United Nations, by collaborating and
cooperating with other countries and international and
regional organizations to develop a comprehensive and
coordinated response to the global refugee crisis; and
(B) exercise leadership in efforts to address the
global refugee crisis, including through participation
in the Global Refugee Forum.
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; or
(III) a fear of return because of a
threat to life or physical or mental
integrity; 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. 1101. 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) The term `political opinion' refers to any expression of
support for or dissent from, or imputed support for or dissent from, a
practice, policy, or ideology of a government entity or of a nonstate
group or actor.
``(D) 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;
``(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; and
``(iv) a particular social group can be cognizable
regardless of the number of members who belong to the group.
``(E)(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.
``(F) 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 such term appears and inserting ``section
101(a)(42)(A)(i)''.
SEC. 1102. 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. 1103. 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)'';
(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.--
``(i) In general.--Not later than 1 year
after the date of the enactment of this
subparagraph, the Secretary of Homeland
Security shall provide to each individual
described in clause (ii), in the best language
of such individual--
``(I) notice of their eligibility
for asylum; and
``(II) guidance with respect to
filing a motion to reopen their
immigration case in order to be granted
asylum.
``(ii) Individual described.--An individual
described in this clause is an individual who--
``(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.
``(iii) Date of grant.--
``(I) Adjustment of status.--For
purposes of applications for adjustment
of status submitted by an individual
described in clause (ii) who was
granted after the date of the enactment
of this subparagraph, an individual
granted asylum under this subsection
shall be considered to have been so
granted on the date on which the
individual was granted withholding of
removal under section 241(b)(3).
``(II) Petitions for relatives.--An
individual granted asylum under this
subsection may, during the 2-year
period beginning on the date on which
the individual is granted asylum under
this subsection, submit a petition for
the admission of a spouse or child who
is accompanying or following to
join.''; and
(6) by adding at the end the following:
``(F) Other motions to reopen.--Notwithstanding
section 240(c)(7), an individual who was denied asylum
may file a motion to reopen an asylum claim during the
2-year period beginning on the date of the enactment of
this subparagraph if the individual 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. 1104. SAFE THIRD COUNTRY EXCEPTION.
Subsection 208(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1158(a)(2)(A)), as amended by section 1103, is further amended--
(1) in subparagraph (A), by striking ``or equivalent'' and
all that follows through the period at the end and inserting
``with effective protection, including access to a durable
solution, for individuals who are refugees, or equivalent
temporary protection.''; and
(2) by adding at the end the following:
``(G) Limitation on bilateral and multilateral
agreements.--No bilateral or multilateral agreement
proposed under this section shall take effect until the
agreement is approved as a treaty by the Senate or
approved as an executive agreement by the Senate, the
House of Representatives, and the President of the
United States.''.
SEC. 1105. 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.--
``(I) Direct and circumstantial
evidence.--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.
``(II) Expert witness testimony.--
``(aa) In general.--Except
as provided in item (bb), an
asylum officer or immigration
judge, as applicable, shall--
``(AA) accept
expert witness
testimony with respect
to the human rights
conditions in a country
and evidence relating
to the physical and
mental condition or
history of an applicant
for asylum; and
``(BB) give
substantial weight to
such testimony and
evidence.
``(bb) Exception.--An
asylum officer or an
immigration judge, as
applicable, may reject expert
witness testimony only if the
asylum officer or immigration
judge makes a finding on the
record, supported by specific
reasons, that--
``(AA) the witness
is not qualified to
provide an opinion
regarding the
conditions in the
country concerned; or
``(BB) the
testimony of the
witness is rebutted by
contrary evidence.
``(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.
``(jj) Oral testimony.--An
applicant for asylum who is in
removal proceedings shall have
the right to testify orally
before an immigration judge.''.
(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.--
``(i) In general.--An applicant's entry to,
attempt to enter, or arrival or stay in a third
country shall not be--
``(I) considered to amount to the
applicant being firmly resettled;
``(II) grounds or a basis for a
denial of an asylum application or the
issuance of a negative credible fear
determination; or
``(III) a factor for otherwise
rendering the applicant ineligible for
asylum.
``(ii) Applicability.--Clause (i) shall
apply regardless of whether the applicant--
``(I) applied for asylum or was
denied or granted asylum in the third
country concerned;
``(II) is a victim of 1 or more
severe forms of trafficking in persons
(as defined in section 103 of the
Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102)); or
``(III) the third country concerned
is a party to the Convention Relating
to the Status of Refugees, done at
Geneva July 28, 2951, (as made
applicable by the Protocol Relating to
the Status of Refugees, done at New
York January 31, 1967 (19 UST 6223)),
or other similar treaty or protocol.''.
(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) or
section 240.
``(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) or
section 240.''.
(e) Limitation on Imposition of Fees.--Section 208(d)(3) of the
Immigration and Nationality Act (8 U.S.C. 1158(d)(3)) is amended to
read as follows:
``(3) Limitation on imposition of fees.--
``(A) Sense of congress.--It is the sense of
Congress that the Secretary of Homeland Security should
not impose fees for the consideration of an application
for asylum, employment authorization under this
section, adjustment of status under section 209, the
collection of biometrics in conjunction with
applications under this section, petitions for family
reunification, or the issuance of refugee travel
documents.
``(B) Limitation.--
``(i) In general.--If the Secretary of
Homeland imposes a fee for the consideration of
an application for asylum, employment
authorization under this section, adjustment of
status under section 209, the collection of
biometrics in conjunction with applications
under this section or section 209, petitions
for family reunification, or the issuance of
refugee travel documents--
``(I) such fee shall not exceed the
Secretary of Homeland Security's costs
in adjudicating such applications,
processing such biometrics, or issuing
such document, as applicable;
``(II) the applicant shall be
eligible for a fee waiver; and
``(III) the applicant shall be
permitted to pay such fee over a period
of time or in installments.
``(C) Rule of construction.--Nothing in this
paragraph may be construed to require the Secretary of
Homeland Security to charge fees for adjudication
services provided to asylum applicants.''.
(f) Consideration of Asylum Applications.--Section 208(d)(5) of the
Immigration and Nationality Act (8 U.S.C. 1158(d)(5)) is amended--
(1) by striking subparagraph (B); and
(2) in subparagraph (A)--
(A) by striking ``(A) Procedures.--''; and
(B) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively, and moving
such subparagraphs 2 ems to the left.
(g) Confidentiality of Asylum Applications.--Section 208(d) of the
Immigration and Nationality Act (8 U.S.C. 1158(d)) is amended by adding
at the end the following:
``(8) Confidentiality of asylum applications and
proceedings.--An employee of the United States may not disclose
to any individual other than an immigration or law enforcement
official of the United States information in an asylum
application or from an asylum proceeding without the consent of
the applicant.''.
(h) Transparency of Statistical Information.--Section 208 of the
Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding at
the end the following:
``(f) Transparency of Statistical Information.--
``(1) Department of homeland security.--
``(A) Credible fear and reasonable fear
adjudications database.--The Secretary of Homeland
Security shall develop, maintain, and make available to
the public a database reflecting adjudications of
credible fear or reasonable fear under section 235 that
includes, for each such adjudication that occurs not
later than 90 days after the date of the enactment of
this subsection, the following:
``(i) An anonymized code number or sequence
of characters for the asylum applicant.
``(ii) The month and year in which the
applicant was apprehended.
``(iii) The month and year in which the
applicant was interviewed under section 235.
``(iv)(I) Whether the applicant was in the
custody of the Secretary of Homeland Security
on the date of such interview.
``(II) In the case of an applicant who was
in the custody of the Secretary of Homeland
Security on such date--
``(aa) the component of the
Department of Homeland Security
responsible for the applicant's
detention; and
``(bb) the name of the facility in
which the applicant was held.
``(v) The age of the applicant on the date
of such interview.
``(vi) The nationality of the applicant.
``(vii) The gender of the applicant.
``(viii)(I) Whether the applicant entered
at a port of entry.
``(II) In the case of an applicant who
entered at a port of entry, the name of the
port of entry.
``(ix)(I) Whether the applicant included
one or more derivative beneficiaries in their
asylum application.
``(II) In the case of an applicant who
included one or more derivative beneficiaries
in their asylum application, the age and
relationship to the applicant of each such
beneficiary.
``(x) An anonymized code number for the
officer conducting the interview and, if the
officer's decision was reviewed by a
supervisor, an anonymized code number for the
supervisor.
``(xi)(I) Whether such interview was
conducted in person, by telephone, or by
videoconference.
``(II) In the case of an interview
conducted in person, the location of the
interview.
``(xii) Whether such interview was
conducted with the assistance of an
interpreter.
``(xiii) The regional asylum office to
which the officer conducting such interview was
assigned.
``(xiv) Whether the asylum application was
based on--
``(I) past persecution;
``(II) a well-founded fear of
persecution; or
``(III) past persecution and a
well-founded fear of persecution.
``(xv) Whether--
``(I) the alleged persecutor was
the government of a country or a
private entity; or
``(II) in the case of 1 or more
alleged persecutors, the persecutors
included both a government of a country
and a private entity.
``(xvi) Whether the applicant was assisted
by an attorney or other legal service provider
during the interview.
``(xvii) Whether the adjudicator determined
that the applicant was credible.
``(xviii) Whether the adjudicator found
that the applicant--
``(I) established--
``(aa) a credible fear;
``(bb) a reasonable fear;
or
``(cc) a likelihood of
torture; or
``(II) did not establish any such
fear or likelihood.
``(xix) In the case of an applicant who was
determined not to have established a credible
fear or a reasonable fear, whether the
applicant appealed such determination to an
immigration judge.
``(xx) Any other data that the Secretary of
Homeland Security considers helpful to the
government or the public in understanding or
analyzing the operation of asylum adjudication.
``(B) Merits adjudications database.--The Secretary
of Homeland Security shall develop, maintain, and make
available to the public a database reflecting asylum
adjudications on the merits, that includes, for each
such adjudication that occurs not later than 90 days
after the date of the enactment of this subsection, the
following:
``(i) An anonymized code number or sequence
of characters for the asylum applicant, which
shall be the same code number or sequence
assigned to the applicant if such a number or
sequence was assigned during an earlier stage
of proceedings under section 235.
``(ii) The date on which the applicant's
asylum application was filed or considered to
have been filed.
``(iii) The age of the applicant on the
date on which such application was filed.
``(iv) The date on which the applicant
entered the United States or, in the case of an
applicant for whom the date of entry is
unknown, an indication that such date is
unknown.
``(v)(I) Whether the applicant included in
their asylum application 1 or more derivative
beneficiaries who are in the United States.
``(II) In the case of an applicant who
included such a derivative beneficiary in their
asylum application, the age and relationship to
the applicant of each such beneficiary.
``(vi) The nationality of the applicant.
``(vii) The gender of the applicant.
``(viii) Whether the asylum application was
based on--
``(I) past persecution;
``(II) a well-founded fear of
persecution; or
``(III) past persecution and a
well-founded fear of persecution.
``(ix) Whether--
``(I) the alleged persecutor was
the government of a country or a
private entity; or
``(II) in the case of 1 or more
alleged persecutors, the persecutors
included both a government of a country
and a private entity.
``(x) Whether the applicant's application
for asylum included a claim of persecution on
account of gender.
``(xi) Whether the applicant was processed
under this section or section 235.
``(xii) Whether the applicant had entered
the United States--
``(I) pursuant to a visa;
``(II) through the visa waiver
program; or
``(III) without inspection.
``(xiii) Whether the applicant--
``(I) was assisted in the
completion of their asylum application
by--
``(aa) an attorney;
``(bb) an accredited
representative;
``(cc) a law student; or
``(dd) an individual other
than an individual described in
items (aa) through (cc); or
``(II) was not represented.
``(xiv) Whether the applicant--
``(I) was represent during their
asylum interview by--
``(aa) an attorney;
``(bb) an accredited
representative;
``(cc) a law student; or
``(dd) an individual other
than an individual described in
items (aa) through (cc); or
``(II) was not represented.
``(xv) Whether the asylum interview was
conducted with the assistance of an
interpreter.
``(xvi) An anonymized code number or
sequence of characters for the asylum officer
who adjudicated the case.
``(xvii) An anonymized code number or
sequence of characters for any officer who
reviewed the asylum officer's decision.
``(xviii) The regional office or sub-office
to which the asylum officer was assigned.
``(xix) The date of the adjudication.
``(xx) Whether the applicant was--
``(I) granted asylum;
``(II) denied asylum;
``(III) referred to immigration
court for further consideration; or
``(IV) considered by the
immigration court under some other
procedure.
``(xxi) Any other data that the Secretary
of Homeland Security considers helpful to the
government or the public in understanding or
analyzing the operation of asylum adjudication.
``(2) Department of justice.--
``(A) Database on appeals of credible fear and
reasonable fear determinations.--The Attorney General
shall develop, maintain, and make available to the
public a database reflecting appeals from credible fear
determinations and reasonable fear determinations that
include, for each such appeal that occurs not later
than 90 days after the date of the enactment of this
subsection, the following:
``(i) An anonymized code number or sequence
of characters for the asylum applicant, which
shall be the same anonymized code number or
sequence of numbers assigned to the applicant
by the Department of Homeland Security.
``(ii) The name of the immigration judge
who adjudicated the appeal.
``(iii) The location of the immigration
judge on the date on which a decision on the
appeal was made.
``(iv) Whether the appeal was conducted in
person, by telephone, or by videoconference.
``(v) Whether the applicant--
``(I) was represented in the appeal
by--
``(aa) an attorney;
``(bb) an accredited
representative;
``(cc) a law student; or
``(dd) an individual other
than an individual described in
items (aa) through (cc); or
``(II) was not represented.
``(vi) Whether the appeal was conducted
with the assistance of an interpreter.
``(vii) The outcome of the appeal.
``(viii) Any other data that the Attorney
General considers helpful to the government or
the public in understanding or analyzing the
operation of asylum adjudication.
``(B) Merits decisions database.--The Attorney
General shall develop, maintain, and make available to
the public a database reflecting decisions by
immigration judges on the merits of asylum claims
(including applications for withholding of removal
under section 241(b)(3) and protection under the
Convention against Torture and Other Cruel, Inhumane or
Degrading Treatment or Punishment, done at New York
December 10, 1984) that includes, for each such claim
filed with the Attorney General not later than 90 days
after the date of the enactment of this subsection, the
following:
``(i) An anonymized code number or sequence
of characters for the respondent, which shall
be the same as any anonymized code number or
sequence of number assigned by the Department
of Homeland Security at a previous stage of
adjudication of the claim.
``(ii) The date on which the respondent
entered the United States or, in the case of a
respondent for whom the date of entry is
unknown, an indication that such date is
unknown.
``(iii) The age of the respondent on the
date on which the respondent entered the United
States.
``(iv) The initial date on which the
respondent submitted the asylum application to
the Secretary of Homeland Security.
``(v) In the case of a respondent who
submitted an asylum application to the
Secretary of Homeland Security, the date on
which an asylum officer issued a decision on
such application.
``(vi) The age of the respondent on the
date on which the immigration judge rendered a
decision on the merits of the claim.
``(vii) The gender of the respondent.
``(viii) Whether the respondent entered the
United States at a port of entry.
``(ix)(I) Whether the respondent included
in their asylum application 1 or more
derivative beneficiaries who are in the United
States.
``(II) In the case of a respondent who
included such a derivative beneficiary in their
asylum application, the age and relationship to
the respondent of each such beneficiary.
``(x) The nationality of the respondent.
``(xi) The name and location of the
immigration judge who adjudicated the claim.
``(xii) Whether the merits hearing was
conducted in person, by telephone, or by
videoconference.
``(xiii)(I) Whether the respondent was
detained on the date on which the merits
hearing occurred.
``(II) In the case of a respondent who was
detained, the name of the detention facility.
``(xiv) Whether the merits hearing was
conducted with the assistance of an
interpreter.
``(xv) Whether the respondent--
``(I) was represented in the merits
hearing by--
``(aa) an attorney;
``(bb) an accredited
representative;
``(cc) a law student; or
``(dd) an individual other
than an individual described in
items (aa) through (cc); or
``(II) was not represented.
``(xvi) In the case of an application for
asylum or withholding of removal under section
241(b)(3), whether the application was based
on--
``(I) past persecution;
``(II) a well-founded fear of
persecution; or
``(III) past persecution and a
well-founded fear of persecution.
``(xvii) Whether--
``(I) the alleged persecutor was
the government of a country or a
private entity; or
``(II) in the case of 1 or more
alleged persecutors, the persecutors
included both a government of a country
and a private entity.
``(xviii) Whether the respondent's
application for asylum included a claim of
persecution on account of gender.
``(xix) The outcome of the case,
including--
``(I) whether the case the was
terminated without a decision;
``(II) whether the respondent was
granted asylum, withholding of removal
under section 241(b)(3), protection
under the Convention against Torture
and Other Cruel, Inhuman or Degrading
Treatment or Punishment, done at New
York December 10, 1984, voluntary
departure, or other relief; and
``(III) whether the respondent was
ordered removed from the United States.
``(xx) Any other data that the Attorney
General considers helpful to the government or
the public in understanding or analyzing the
operation of asylum adjudication.
``(C) Board of immigration appeals database.--The
Attorney General shall develop, maintain, and make
available to the public a database reflecting decisions
by the Board of Immigration Appeals on appeals of
immigration judge denials of 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, that
includes, for each such appeal filed with the Board of
Immigration Appeals not later than 90 days after the
date of the enactment of this subsection, the
following:
``(i) An anonymized code number or sequence
of characters for the appellant, which shall be
the same anonymized code number or sequence of
numbers that was assigned at a previous stage
of the proceedings by the Secretary of Homeland
Security or the Attorney General.
``(ii) The date on which the appeal was
filed with the Board of Immigration Appeals.
``(iii) The date on which the Board of
Immigration Appeals issued a decision on the
appeal.
``(iv) The names of the members of the
Board of Immigration Appeals who participated
in the decision.
``(v) Whether any member of the Board of
Immigration Appeals dissented from a decision
of a panel or of the entire Board of
Immigration Appeals, and the name of each such
member.
``(vi) Whether the appellant--
``(I) was represented in the appeal
by--
``(aa) an attorney;
``(bb) an accredited
representative;
``(cc) a law student; or
``(dd) an individual other
than an individual described in
items (aa) through (cc); or
``(II) was not represented.
``(vii) The outcome of the appeal.
``(viii) Any other data that the Attorney
General considers helpful to the government or
the public in understanding or analyzing the
operation of asylum adjudication.''.
(i) Further Consideration of Application for Asylum.--Section
235(b)(1)(B)(ii) of the Immigration and Nationalities Act (8 U.S.C.
1225 (b)(1)(B)(ii)) is amended by inserting ``, which shall include a
hearing under section 240 on the alien's claim 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, unless the Secretary of Homeland Security has
granted the alien's claim'' before the period at the end.
(j) 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.''.
(k) 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.''.
(l) 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 the following:
``(A) In general.--Except as provided in
subparagraph (B), if the Secretary of Homeland
Security''; and
(2) by adding at the end the following:
``(B) Applicability.--Subparagraph (A) shall not
apply to an alien who is otherwise eligible for
asylum.''.
SEC. 1106. 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. 1107. AUTHORITY TO DESIGNATE CERTAIN GROUPS OF REFUGEES FROM
COUNTRIES OF PARTICULAR CONCERN AND ADMISSION OF REFUGEES
IN EMERGENCY SITUATIONS.
(a) In General.--Section 207(c)(1) of the Immigration and
Nationality Act (8 U.S.C. 1157(c)(1)) is amended--
(1) by inserting ``(A)'' before ``Subject to the numerical
limitations''; and
(2) by adding at the end the following:
``(B)(i) The President, after 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 within a
category of aliens established under clause (ii) whose
resettlement in the United States is justified by humanitarian
concerns or is otherwise in the national interest and who share
common characteristics that identify such aliens as targets of
persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion
or who otherwise have a shared need for resettlement due to a
specific vulnerability.
``(ii) For purposes of clause (i), the President shall
designate one or more groups or one or more categories of
aliens who are or were nationals or habitual residents of the
Islamic Republic of Iran or countries from the former Soviet
Union, who, as members of a religious minority, share common
characteristics that identify them as targets of persecution in
that state on account of race, religion, nationality,
membership in a particular social group, or political opinion.
At the discretion of the President, the President may designate
additional groups of one or more categories of aliens who are
of were nationals or habitual residents of any other country
which is designated as a country of particular concern under
section 402(b)(1)(A) of the International Religious Freedom Act
of 1998 (22 U.S.C. 6442).
``(iii) An alien who is outside his or her country of
origin or last habitual residence who establishes membership in
a group designated under clause (i) to the satisfaction of the
Secretary of Homeland Security shall establish, for purposes of
admission as a refugee under this section, that such alien has
a well-founded fear of persecution on account of race,
religion, nationality, membership in a particular social group,
or political opinion, unless the Secretary determines that such
alien ordered, incited, assisted or otherwise participated in
the persecution of any person on account of race, religious,
membership in a particular social group, or political opinion.
``(iv) A designation under clause (i)--
``(I) may be revoked by the President at any time
after notification to Congress;
``(II) if not revoked, shall expire at the end of
each fiscal year; and
``(III) may be renewed by the President after
appropriate consultation.
``(v) An alien's admission 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,
withholding of removal 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) Each decision to deny an application for refugee
status of an alien who is within a category established under
this subparagraph shall be in writing and shall state, to the
maximum extent feasible, the reason for the denial.''.
(b) Admission of Refugees Experiencing Emergency Situations.--
Section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)(1)), as amended by section 1106, is further amended by adding
at the end the following:
``(9) Admission of Refugees Experiencing Emergency Situations.--
``(A) In general.--Subject to the numerical established
under subparagraphs (A) and (B) of paragraph (1), 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
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) Designation.--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--
``(I) 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
``(II) having been identified as targets as
described in subclause (I), share a common need
for resettlement due to a specific
vulnerability.
``(C) Membership in a designated group.--An alien who
establishes membership in a group designated under this
paragraph to the satisfaction of the Secretary of Homeland
Security shall be considered a refugee for purposes of
admission as a refugee under this paragraph, 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.
``(D) Revocation.--A designation under this paragraph is
for purposes of adjudicatory efficiency and may be revoked by
the President at any time after notification to Congress.
``(E) Effect on other laws.--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 subparagraph (B)
until the end of the first fiscal year commencing after
the date of the enactment of this paragraph; and
``(ii) shall be eligible for designation thereafter
at the discretion of the President.
``(F) Effect on refugee admissions goal.--The admission of
an alien under this paragraph shall count against the refugee
admissions goal under section 207(a).
``(G) Other forms of protection.--A designation under this
paragraph shall not influence decisions to grant to any alien
asylum under section 208, 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.
``(H) Denials.--A decision to deny admission under this
paragraph to an alien who establishes to the satisfaction of
the Secretary that the alien is a member of a group designated
under subparagraph (B)--
``(i) shall be in writing; and
``(ii) shall cite the specific applicable provision
of this Act upon which such denial is based,
including--
``(I) the facts underlying the
determination; and
``(II) whether there is a waiver of
inadmissibility available to the alien.''.
(c) 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. 1108. EMPLOYMENT AUTHORIZATION FOR ASYLUM SEEKERS AND OTHER
INDIVIDUALS.
Section 208(d)(2) of the Immigration and Nationality Act (8 U.S.C.
1158(d)(2)) is amended to read as follows:
``(2) Employment authorization.--
``(A) Eligibility.--The Secretary of Homeland
Security shall authorize employment for an applicant
for asylum, withholding of removal under section
241(b)(3)(B), or withholding 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, not later than 30 days
after the date on which such an applicant files an
application for such relief.
``(B) Application.--An applicant for asylum,
withholding of removal under section 241(b)(3)(B), or
withholding 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, who is prima facie eligible for such relief shall
be granted employment authorization not later than 60
days after the date on which the applicant files an
application for employment authorization.
``(C) Term.--Employment authorization under this
paragraph shall be valid until the date on which an
applicant is issued a final denial of the applicable
application, including administrative and judicial
review.''.
SEC. 1109. ADMISSION OF REFUGEES AND ASYLEES AS LAWFUL PERMANENT
RESIDENTS.
(a) Treatment of Aliens Admitted as Refugees and of Aliens Granted
Asylum.--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 2022.
``(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).''.
(b) 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 (a), or who adjust their
status pursuant to paragraph (2) of such section, as amended by
subsection (a), shall be considered to be refugees and aliens granted
asylum for purposes of 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).
(c) 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) 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)''.
(4) 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.''.
(d) Effective Date.--This section, and the amendments made by this
section, shall take effect on the earlier of--
(1) the date that is 180 days after the date of the
enactment of this Act; or
(2) the date on which a final rule is promulgated to
implement this section and the amendments made by this section.
SEC. 1110. COMPLEMENTARY PROTECTION.
The Secretary of Homeland Security or the Attorney General may
grant asylum to an alien who has applied for asylum if the Secretary of
Homeland Security or the Attorney General determines that such alien is
a refugee within the meaning of section 101(a)(42)(A) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(A)) or would face
a threat to life or physical integrity if returned because of a
reasonable possibility of--
(1) violence; or
(2) exceptional situations, such as environmental or other
crises or disasters, including from the effects of climate
change, for which there is no adequate remedy in the country of
origin.
SEC. 1111. INTERNAL RELOCATION.
(a) Burden of Proof.-- The Government bears the burden of
establishing the reasonableness of internal relocation.
(b) Case-by-Case Analysis.--Consistent with the Convention Relating
to the Status of Refugees, done at Geneva July 28, 1951, it shall be
considered unreasonable to presume applicants are able to internally
relocate without first conducting an individualized determination
applying a totality of circumstances test on a case-by-case basis.
(c) Determinations in Merits Hearings.--Internal relocation
determinations--
(1) may only be made in asylum merits proceedings; and
(2) shall not occur at an earlier stage of processing.
(d) Prohibition.--The mere possibility of internal relocation shall
not be the sole grounds for a discretionary denial of asylum, issuance
of a negative credible fear determination, or a factor to otherwise bar
asylum eligibility.
SEC. 1112. FIRM RESETTLEMENT.
The Government bears the burden of establishing whether an
applicant is firmly resettled and applicants may rebut this under a
preponderance of the evidence standard. Firm resettlement
determinations shall focus exclusively on the existence of an offer of
permanent resettlement and shall not be fulfilled by an offer of
temporary, transitory, or unauthorized time in another country.
Subtitle B--Protections for Children and Families
SEC. 1201. 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--
(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.--Section
207(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1157(c)(2))
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 section 1105(d), 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:
``(C) 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.
``(D) 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. 1202. 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 sections 1103 and
1104, by amending subparagraph (E) to read as follows:
``(E) Applicability to minors.--Subparagraphs (A)
and (B) 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)(4), as added by section 1105, by
adding at the end the following:
``(C) Applicants younger than 18 years of age.--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 1105, 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) Repeal of Contiguous Country Exception.--
(1) In general.--Section 235(a) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(a)) is amended--
(A) by striking paragraph (2);
(B) by amending paragraph (3) to read as follows:
``(3) Rule for all unaccompanied children.--The custody of
unaccompanied alien children who are apprehended at the border
of the United States or at a United States port of entry shall
be treated in accordance with subsection (b).'';
(C) by amending paragraph (4) to read as follows:
``(4) Screening.--
``(A) In general.--Within 48 hours of the
apprehension of a child who is believed to be an
unaccompanied alien child, the child shall be
transferred to the Secretary of Health and Human
Services and treated in accordance with subsection (b).
``(B) Rule of construction.--Nothing in this
paragraph may be construed to preclude an earlier
transfer of a child.'';
(D) by amending paragraph (5) to read as follows:
``(5) Placement in removal proceedings.--Any unaccompanied
alien child sought to be removed by the Department of Homeland
Security shall be--
``(A) placed in removal proceedings under section
240 of the Immigration and Nationality Act (8 U.S.C.
1229a);
``(B) eligible for relief under section 240B of
that Act (8 U.S.C. 1229c) at no cost to the child; and
``(C) provided access to counsel in accordance with
subsection (c)(5).''; and
(E) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively.
(2) Conforming amendments.--Section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 (8 U.S.C. 1232) is amended--
(A) in subsection (c)(5), by striking ``, and who
are not described in subsection (a)(2)(A),''; and
(B) in subsection (e), by striking ``, including
children described in subsection (a)(2)''.
(d) Duration of Unaccompanied Child Designation.--Section 235(a) of
the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(a)), as amended by subsection (c), is
further amended by adding at the end the following:
``(5) Duration of unaccompanied alien child
determination.--
``(A) In general.--Upon identification as an
unaccompanied alien child, a child shall be afforded
all substantive and procedural protections provided for
unaccompanied alien children under this section and any
other Federal law for the duration of the child's
removal proceedings.
``(B) Reevaluation and revocation prohibited.--The
head of a Federal agency may not--
``(i) reevaluate or revoke a determination
that an individual is an unaccompanied alien
child; or
``(ii) deny or impede access to any
protections provided for unaccompanied alien
children by Federal law, including on the basis
of the individual's reunification with a parent
or legal guardian or the individual having
attained 18 years of age.''.
(e) Child Protective Measures for All Children in U.S. Customs and
Border Protection Custody.--
(1) Purpose.--The purposes of this subsection are--
(A) to ensure the safety and access to protection
of children temporarily in the custody of U.S. Customs
and Border Protection by requiring the Secretary of
Homeland Security to hire child welfare professionals;
and
(B) to prevent unnecessary family separation
through the deployment of officials of the Department
of Health and Human Services to U.S. Customs and Border
Protection facilities to evaluate unaccompanied
children arriving with non-parent, adult family members
for reunification within 72 hours.
(2) Child welfare professionals.--
(A) Definition of child welfare professional.--The
term ``child welfare professional'' means an individual
who--
(i) is State-licensed in social work;
(ii) has direct experience working with
children;
(iii) has expertise in--
(I) child development; and
(II) culturally competent, trauma-
centered, and developmentally
appropriate interviewing skills;
(iv) has knowledge of Federal and State
child welfare laws and standards; and
(v) is proficient in 1 or more of the most
common languages spoken by children apprehended
at the southern border of the United States.
(B) Staffing of child welfare professionals at u.s.
customs and border protection facilities.--The
Secretary of Homeland Security shall ensure that 1 or
more child welfare professionals is available at each
port of entry and Border Patrol station along the
southern land border of the United States to accomplish
the duties described in this subsection.
(i) Hiring.--The Secretary of Homeland
Security, in consultation with the Secretary of
Health and Human Services, shall hire, or seek
to enter into contracts with, child welfare
professionals who shall--
(I) work onsite on a full-time
basis at ports of entry or Border
Patrol stations that have had not fewer
than 25 children in custody--
(aa) on any day during the
preceding fiscal year; or
(bb) during the fiscal year
in which this Act is enacted
based on a review of monthly
statistical reports during the
such fiscal year;
(II) remain available by telephone
and videoconference on an on-call basis
to U.S. Customs and Border Protection
personnel at ports of entry or Border
Patrol stations that are not described
in subclause (I).
(ii) Interpreter required.--In the case of
a child welfare professional who does not speak
the best language of a child in the custody of
U.S. Customs and Border Protection at a port of
entry or Border Patrol station along the
southern land border of the United States, the
Secretary of Homeland Security shall provide an
interpreter.
(C) Duties.--In accordance with the timeframe under
subsections (a)(4) and (b)(3) of section 235 of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232), as amended
by this Act, child welfare professionals placed as
ports of entry and Border Patrol stations under
subparagraph (B) shall--
(i) conduct screening of each child in the
custody of U.S. Customs and Border Protection
in accordance with such subsection (a)(4);
(ii) ensure appropriate care of each child
in the custody of U.S. Customs and Border
Protection;
(iii) ensure that any allegation of abuse
or mistreatment of a child in the custody of
U.S. Customs and Border Protection is referred
to the appropriate Federal and State
authorities;
(iv) with respect to a child who may meet
the notification and transfer requirements
under subsections (a) and (b) of section 235 of
the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8
U.S.C. 1232), including a child for whom a
determination cannot be made, notify the
Secretary of Homeland Security and the
Assistant Secretary of the Office of Refugee
Resettlement of the presence of such child at
the port of entry or Border Patrol station;
(v) conduct an initial family relationship
and trafficking assessment for each child in
the custody of U.S. Customs and Border
Protection; and
(vi) perform other duties as appropriate.
(D) Report.--Not later than 180 days after the date
of the enactment of this Act, and every quarter
thereafter, the Secretary of Homeland Security shall
submit to the Committee on the Judiciary, the Committee
on Homeland Security and Governmental Affairs, and the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on the Judiciary, the
Committee on Homeland Security, the Committee on
Oversight and Reform, and the Committee on Education
and Labor of the House of Representatives a report
that, for the preceding fiscal quarter--
(i) describes the activities carried out by
child welfare professionals under this
subsection;
(ii) assesses the effectiveness of such
activities; and
(iii) includes non-personally identifiable
data on all children screened by child welfare
professionals under this subsection,
including--
(I) the number and location of
children in the physical custody of the
Department of Homeland Security;
(II) the number of children
transferred to the custody of the
Secretary of Health and Human Services;
and
(III) the number of children
removed from the United States, and the
countries of nationality of such
children.
(3) Expedited reunification at the border.--
(A) In general.--Unaccompanied children encountered
by the Commissioner of U.S. Customs and Border
Protection together with 1 or more adult family members
who are not their parents or legal guardians shall be--
(i) transferred, along with those adult
family members, to the nearest U.S. Customs and
Border Protection reception center where field
staff of the Department of Health and Human
Services are onsite; and
(ii) screened, along with the 1 or more
adult family members, by such field staff shall
to assess--
(I) the validity of the
relationship between the child and 1 or
more adult family members;
(II) the ability of the 1 or more
adult family members to care for child;
and
(III) any risk of trafficking or
abuse from the 1 or more adult family
members.
(B) Interview.--In conducting the screening under
subparagraph (A)(ii), the field staff of the Department
of Health and Human Services shall interview the
child--
(i) together with the 1 or more adult
family members; and
(ii) separately from the adult family
member(s).
(C) Observation.--In the case of young children and
infants screened under this paragraph, in addition to
evaluating the documentary evidence of relationship
provided, the field staff of the Department of Health
and Human Services shall observe the interactions
between the children and their 1 or more adult family
members.
(D) U.S. customs and border protection custody.--
During the screening required by this paragraph, an
unaccompanied child described in subparagraph (A) shall
remain in the legal custody of the Commissioner of U.S.
Customs and Border Protection for not more than 72
hours.
(E) Safe sponsor determination.--
(i) In general.--If field staff of the
Health and Human Services determine that an
adult family member is a safe sponsor, the
Commissioner of U.S. Customs and Border
Protection, absent exigent circumstances, shall
approve the sponsor for release and transfer
custody of the child from the Commissioner to
the Secretary of Health and Human Services in a
designated space so that the Office of Refugee
Resettlement may promptly reunify the child
directly with the adult sponsor.
(ii) Referral for legal services.--The
Assistant Secretary of the Office of Refugee
Resettlement shall ensure that any child
approved for release with their family sponsor
under this subparagraph is referred to a legal
services provider funded by the Department of
Health and Human Services to represent the
child post-release.
(F) Department of health and human services
custody.--In any case in which Department of Health and
Human Services field staff cannot approve a child's
reunification not later than 72 hours after the time at
which the child is apprehended--
(i) the Commissioner of U.S. Customs and
Border Protection shall transfer custody of the
child to the Secretary of Health and Human
Services for placement in Office of Refugee
Resettlement care in the least restrictive
setting in the child's best interest, as
required by section 235 of the William
Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008; and
(ii) the Secretary of Health and Human
Services shall appoint an independent child
advocate to the child upon the child's arrival
in Office of Refugee Resettlement care.
(G) Legal orientation presentations in reception
centers.--The Secretary of Health and Human Services
shall work with stakeholders to ensure that legal staff
are detailed to U.S. Customs and Border Protection
reception centers sites to provide legal orientation
presentations to unaccompanied children while their 1
or more adult family members are evaluated by
Department of Health and Human Services field staff.
(4) Rule of construction.--Nothing in this subsection may
be construed to modify--
(A) the definition of the term ``unaccompanied
alien child'' under section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)(2));
(B) the obligation of the Secretary of Health and
Human Services to take a child into custody, and if the
child cannot be reunified with the adult family member
as set forth in paragraph (3)(E) to place the child in
the least restrictive setting in their best interests,
consistent with section 279(g) of the Homeland Security
Act of 2002 (6 U.S.C. 279(g)) or section 235 of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232); or
(C) the duration of the unaccompanied alien child
determination and associated legal protections under
section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232).
(f) Elimination of Special Immigrant Juvenile Visa Cap.--
(1) Aliens not subject to direct numerical limitations.--
Section 201(b)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(1)(A)) is amended by striking ``subparagraph (A)
or (B)'' and inserting ``subparagraph (A), (B), or (J)''.
(2) Preference allocation for employment-based
immigrants.--Section 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(4)) is amended by striking
``subparagraph (A) or (B)'' and inserting ``subparagraph (A),
(B), or (J)''.
SEC. 1203. 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 the matter preceding subparagraph
(A), by inserting ``, or in the case of an
unaccompanied alien child (as defined in
section 462(g)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 279(g)(2))), under
regulations of the Secretary of Health and
Human Services'' after ``Attorney General'';
(ii) 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;
(iii) by redesignating subparagraphs (B)
and (C) as subparagraphs (D) and (E),
respectively;
(iv) by inserting after subparagraph (A)
the following:
``(B) the Attorney General, or in the case of an
unaccompanied alien child, the Secretary of Health and
Human Services, may appoint or provide counsel, at
Government expense, to the alien;
``(C) the alien, at the beginning of such
proceedings or as expeditiously as possible, shall
automatically receive a complete copy of all relevant
documents in the possession of the Department of
Homeland Security (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), including--
``(i) all documents (other than documents
protected from disclosure by privilege and
documents containing national security
information referred to in subparagraph (D),
law enforcement sensitive information, or
information prohibited from disclosure pursuant
to any other provision of law) contained in the
file maintained by the Government that includes
information with respect to all transactions
involving the alien during the immigration
process (commonly referred to as an `A-file');
and
``(ii) all documents pertaining to the
alien that the Department of Homeland Security
has obtained or received from other government
agencies;''; and
(v) in subparagraph (D), as redesignated,
by striking ``, and'' and inserting ``; and'';
and
(B) by adding at the end the following:
``(8) Failure to provide alien required documents.--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 and the secretary of health and human services 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 proceeding conducted under section 235,
236, 238, 240, or 241, or under any other section of this Act,
including'';
(B) in subsection (a), as redesignated--
(i) by striking ``(at no expense to the
Government)''; and
(ii) by striking ``he shall'' and inserting
``the person shall''; and
(iii) by adding at the end the following:
``(b) Access to Counsel.--
``(1) In general.--The Attorney General may appoint or
provide counsel to aliens in any proceeding conducted under
section 235, 236, 238, 240, or 241, or under any other section
of this Act.
``(2) Unaccompanied alien children.--The Secretary of
Health and Human Services may appoint or provide counsel to
unaccompanied alien children (as defined in section 462(g)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in
any applicable proceeding conducted pursuant to any section of
this Act.
``(3) Immigration detention and border facilities.--The
Secretary of Homeland Security shall ensure that aliens have
access to counsel inside all immigration detention and border
facilities.''.
(3) Appointment of counsel for children and vulnerable
aliens.--
(A) In general.--Section 292 of the Immigration and
Nationality Act, as amended by subsection (b), is
further amended by adding at the end the following:
``(c) Unaccompanied Alien Children.--Notwithstanding subsection
(b), the Secretary of Health and Human Services shall appoint or
provide counsel at Government expense, if necessary, at the beginning
of immigration proceedings, or as expeditiously as possible, to
represent in such proceedings unaccompanied alien children.
``(d) Other Vulnerable Aliens.--Notwithstanding subsection (b), the
Attorney General shall appoint or provide counsel at Government
expense, if necessary, at the beginning of immigration 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 who is not an unaccompanied alien child;
``(2) a person with a disability;
``(3) a victim of abuse, torture, or violence;
``(4) an individual whose income is at or below 200 percent
of the poverty line (as defined by the Office of Management and
Budget and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved; or
``(5) an individual whose circumstances require the
appointment of counsel to help ensure the fair resolution and
efficient adjudication of the proceedings.
``(e) Extension to Consolidated Cases.--If the Attorney General has
consolidated the case of an alien for whom counsel was appointed under
subsection (c) or (d) with the case of another alien who does not have
counsel, the counsel appointed under subsection (c) or (d), as
applicable, shall be appointed to represent such other alien.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Office of Refugee Resettlement of the Department of
Health and Human Services and 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.--
(i) Unaccompanied alien children.--The
Secretary of Health and Human Services 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.
(ii) Other vulnerable aliens.--The Attorney
General shall promulgate regulations to
implement section 292(d) 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 by Counsel and Legal Orientation at Detention
Facilities.--
(1) Access to counsel.--The Secretary of Homeland Security
shall facilitate access to counsel for all aliens detained in
facilities under the supervision of U.S. Immigration and
Customs Enforcement or of U.S. Customs and Border Protection,
including providing information to such aliens regarding legal
services programs at detention facilities.
(2) Access to legal orientation programs.--
(A) Procedures.--The Secretary of Homeland
Security, in consultation with the Attorney General,
shall establish procedures--
(i) to ensure that legal orientation
programs are available for all detained aliens,
including aliens held in U.S. Customs and
Border Protection facilities; and
(ii) to inform such aliens of--
(I) the basic procedures of
immigration hearings;
(II) their rights relating to such
hearings under Federal immigration
laws;
(III) information that may deter
such aliens from filing frivolous legal
claims; and
(iii) any other information that the
Attorney General considers appropriate, such as
a contact list of potential legal resources and
providers.
(B) Universal availability.--Access to legal
orientation programs under subparagraph (A) may not be
limited by the alien's current immigration status,
prior immigration history, or potential for immigration
relief.
(c) Report on Access to Counsel.--
(1) Report.--Not later than December 31 each year, the
Secretary of Homeland Security, in consultation with the
Attorney General and the Secretary of Health and Human
Services, shall 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 subsections (c) and (d) of section 292 of
the Immigration and Nationality Act, as added by subsection
(a)(3)(A), have been provided access to counsel.
(2) Contents.--Each report submitted pursuant to paragraph
(1) shall include, for the immediately preceding 1-year
period--
(A) the number and percentage of aliens described
in section 292(c) of the Immigration and Nationality
Act and in paragraphs (1), (2), (3), and (4),
respectively, of section 292(d) of such Act who were
represented by counsel, including information
specifying--
(i) the stage of the legal process at which
the alien was represented; and
(ii) whether the alien was in government
custody; and
(B) the number and percentage of aliens who
received legal orientation presentations.
(d) Motions To Reopen.--Section 240(c)(7)(C) of the Immigration and
Nationality Act (8 U.S.C. 1229a(c)(7)(C)) is amended by adding at the
end the following:
``(v) Special rule for aliens entitled to
appointment of counsel.--If the Secretary of
Health and Human Services or the Attorney
General fail to appoint counsel for an alien in
accordance with subsection (c) or (d) of
section 292, as applicable--
``(I) no limitation under this
paragraph pertaining to the filing of
any motion under this paragraph by such
alien shall apply; and
``(II) the filing of such a motion
shall stay the removal of the alien.''.
Subtitle C--Protections for Other Vulnerable Individuals
CHAPTER 1--STATELESS PROTECTION
SEC. 1311. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.
(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after
section 245A the following:
``SEC. 245B. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.
``(a) Definitions.--In this section:
``(1) Competent authority.--With respect to a foreign
country, the term `competent authority'--
``(A) means the authority responsible for--
``(i) conferring nationality on, or
withdrawing nationality from, individuals; or
``(ii) in the case of nationality having
been acquired or withdrawn automatically,
clarifying the nationality status of an
individual; and
``(B) includes a Federal, local, or regional
government entity, a consular official, and a
government official at any level, notwithstanding any
process by which a decision by such an entity or
official may later be overridden.
``(2) National; nationality.--The terms `national' and
`nationality'--
``(A) refer to a formal link, of a political and
legal character, between an individual and a country;
and
``(B) do not include the concept of nationality
relating to membership in a religious, linguistic, or
ethnic group.
``(3) Noncitizen.--The term `noncitizen' has the meaning
given the term `alien' in section 101(a).
``(4) Operation of law; operation of its law.--The terms
`operation of law' and `operation of its law'--
``(A) refer to the consideration by a competent
authority of a country with respect to an individual in
practice, including under the legislation, ministerial
decrees, regulations, orders, judicial case law, and
customary practices of the competent authority; and
``(B) include situations in which the position of
the competent authority differs from the law as
written, if the position of the competent authority
that an individual is not a national of the country is
determinative.
``(5) Relevant association.--The term `relevant
association' means a natural person's connection to a country
through--
``(A) birth on the territory of the country;
``(B) descent from 1 or more individuals who are
nationals of the country;
``(C) marriage to an individual who is a national
of the country;
``(D) adoption by an individual who is a national
of the country; or
``(E) habitual residence in the country.
``(6) Stateless person.--The term `stateless person' means
an individual who is not considered as a national by any state
under the operation of its law.
``(b) Mechanisms for Regularizing the Status of Stateless
Persons.--
``(1) Stateless protected status.--
``(A) Principal applicants.--Notwithstanding any
other provision of law, the Secretary of Homeland
Security shall provide stateless protected status to a
noncitizen who--
``(i) is a stateless person present in the
United States;
``(ii) applies for such relief;
``(iii) has not formally renounced his or
her nationality as a result of voluntary,
affirmative, and intentional action after
arrival in the United States and after the date
of the enactment of this section, unless the
renunciation was the result of duress,
coercion, or a reasonable expectation that the
noncitizen had acquired or would acquire
another nationality or citizenship; and
``(iv) is not inadmissible under 212(a)(3),
except as provided in paragraph (2) of this
subsection; and
``(v) is not described in section
241(b)(3)(B)(i).
``(B) Treatment of spouse and children.--
Notwithstanding any other provision of law, the
Secretary of Homeland Security shall provide stateless
protected status to a noncitizen who--
``(i) is the spouse or child of a
noncitizen described in subparagraph (A), if
such spouse or child is not otherwise eligible
for admission under that subparagraph;
``(ii) is accompanying, or following to
join, such noncitizen;
``(iii) established the qualifying
relationship to such noncitizen before the date
on which such noncitizen applied for stateless
protected status;
``(iv) is not inadmissible under 212(a)(3),
except as provided in paragraph (2) of this
subsection; and
``(v) is not described in section
241(b)(3)(B)(i).
``(C) Stateless protected status.--Noncitizens with
stateless protected status--
``(i) shall--
``(I) receive relevant protections
against deportation, removal, and
detention, as described in paragraph
(3);
``(II) be authorized for
employment, as described in paragraph
(4); and
``(III) be eligible to apply for a
travel document, as described in
paragraph (5); and
``(ii) shall not face limitations from
immigration enforcement officials on their
domestic travel.
``(D) Concurrent grant of lawful permanent
residence.--
``(i) In general.--Except as provided in
clause (ii), notwithstanding any other
provision of law, immediately on granting
stateless protected status to a noncitizen, the
Secretary of Homeland Security shall adjust the
status of the noncitizen to that of a
noncitizen lawfully admitted for permanent
residence.
``(ii) Exception.--The Secretary of
Homeland Security may not adjust the status of
a noncitizen with stateless protected status
who is inadmissible under section 212(a)(2).
``(2) Waivers.--
``(A) In general.--Notwithstanding any other
provision of law, the Secretary of Homeland Security
may, for humanitarian purposes, in the interests of
access to fundamental or enabling rights, to ensure
family unity, or when it is otherwise in the public
interest, waive the operation of the grounds of
inadmissibility set forth in paragraphs (2) and (3) of
section 212(a), for relief under this section.
``(B) Factors.--In making a determination under
subparagraph (A), the Secretary of Homeland Security
shall consider all relevant factors, including--
``(i) mitigating and aggravating factors of
the basis for inadmissibility;
``(ii) the duration of the noncitizen's
residence in the United States; and
``(iii) the degree to which the
noncitizen's removal, or denial of the
noncitizen's application, would adversely
affect the noncitizen or the noncitizen's
United States citizen or lawful permanent
resident family members.
``(3) Release from post-removal detention.--A grant of
stateless protected status under this section shall--
``(A) trigger immediate release of an individual
from post-removal detention;
``(B) be considered to establish that there is no
significant likelihood of the individual's removal in
the reasonably foreseeable future; and
``(C) establish a presumption that travel documents
are not available for the individual.
``(4) Employment authorization.--
``(A) In general.--An individual granted stateless
protected status under this section shall receive
employment authorization for a renewable period not
less than 5 years.
``(B) Pending application.--
``(i) In general.--During the 150-day
period after the date on which an application
for status under this section is submitted, the
Secretary of Homeland Security may authorize
the applicant to engage in employment in the
United States.
``(ii) Mandatory employment
authorization.--If the Secretary of Homeland
Security has not issued a decision within the
150-day period beginning on the date on which
an application for status under this section is
submitted, the Secretary of Homeland Security
shall authorize the applicant to engage in
employment in the United States until the date
on which a decision is issued on the
application for lawful permanent residence or
stateless protected status.
``(5) Travel documents.--
``(A) In general.--On request, the Secretary of
Homeland Security shall provide to any noncitizen
granted relief under this section, a travel document
that facilitates the noncitizen's ability to travel
abroad and to be admitted to the United States upon
return.
``(B) Validity.--The minimum period of validity for
a document issued under subparagraph (A) shall be 10
years.
``(6) Naturalization.--Notwithstanding any other provision
of law, an individual granted lawful permanent residence status
under paragraph (1)(D) may apply for naturalization after
having resided continuously in the United States for at least 3
years beginning on the date on which such individual is granted
lawful permanent resident status.
``(c) Evidentiary Matters.--
``(1) In general.--In determining if an individual is a
stateless person under this section, the Secretary of Homeland
Security shall consider and obtain any credible evidence
relevant to the application, including information from--
``(A) the Department of State, particularly the
Bureau of Population, Refugees, and Migration and the
Bureau of Democracy, Human Rights, and Labor; and
``(B) relevant international and foreign bodies,
such as the United Nations High Commissioner for
Refugees, nongovernmental organizations, and the
competent authorities of other countries.
``(2) Designation of specific groups of stateless
persons.--The Secretary of Homeland Security, in consultation
with the Secretary of State, may designate 1 or more specific
groups of individuals who shall be considered stateless persons
for purposes of this section, and a noncitizen who belongs to a
group so designated shall be considered a stateless person.
``(3) Burden of proof.--The burden of proof with respect to
evidentiary matters relating to an application under this
section shall be shared between the Secretary of Homeland
Security and the applicant.
``(4) Standard of proof.--
``(A) In general.--A noncitizen shall be considered
to be a stateless person if it is established to a
reasonable degree that the noncitizen meets the
definition of the term `stateless person' under this
section.
``(B) Assessment of nationality.--The nationality
of an individual shall be assessed as of the date on
which a determination of eligibility under this section
is made.
``(5) Submission of documentary evidence.--
``(A) Supporting documents from applicant.--An
applicant for relief under this section shall submit,
as part of the application for such relief--
``(i) a full and truthful account, to the
best of the noncitizen's knowledge, of such
noncitizen's legal status with regard to any
country in which the applicant was born or
resided before entering the United States or to
which the applicant has a relevant association;
and
``(ii) all evidence reasonably available,
including any valid or expired travel document.
``(B) Evidence available to secretary of homeland
security.--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 legal status of the applicant in the
applicant's country of birth or prior residence or any
country to which the applicant has a relevant
association, including information on the relevant laws
and practices of the countries concerned.
``(C) Consideration of response.--The Secretary of
Homeland Security may consider as substantial evidence
that an individual is not considered by a country to be
a national of the country the following:
``(i) After 120 days have elapsed after the
Secretary of Homeland Security has requested
information from the country with respect to
the nationality status of the individual, the
lack of response from the competent authority
of the country.
``(ii) A pro forma response from the
country that lacks an application of the law or
facts to the particular individual.
``(iii) The refusal of the country to
accept the individual for deportation or
removal.
``(d) Fees.--The Secretary of Homeland Security may not charge a
noncitizen any fee in connection with an application for, or issuance
of, lawful status under this section, employment authorization, or
travel documents.
``(e) Jurisdiction and Review.--
``(1) In general.--The Director of U.S. Citizenship and
Immigration Services shall have jurisdiction over an
application for stateless protected status and adjustment of
status filed by a noncitizen under this section.
``(2) Review.--A denial by the Secretary of Homeland
Security of an application for relief under this section shall
be subject to review by the Administrative Appeals Office of
U.S. Citizenship and Immigration Services.
``(f) Effect on Removal Proceedings.--With respect to a noncitizen
in removal proceedings who files an application for relief under this
section, the Attorney General shall postpone the removal proceedings
pending the adjudication of the application.
``(g) Applicants With Final Orders of Removal.--
``(1) Motions to reopen.--
``(A) In general.--A noncitizen whose removal,
deportation, or exclusion proceedings were concluded
before the date of the enactment of this section, and
who is eligible for relief under this section, may file
1 motion to reopen proceedings to apply for such relief
not later than 1 year after the date of the enactment
of this section.
``(B) Effect of limitations.--A time or numerical
limitation on motions to reopen removal, deportation,
or exclusion proceedings may not be construed to
restrict the filing of a motion to reopen under this
paragraph if such limitation is based on previously
unavailable evidence or facts, or on changed facts or
circumstances, including a discovery by a noncitizen
that the noncitizen may be a stateless person.
``(2) Stay of removal.--
``(A) In general.--An applicant for relief under
this section who has been issued a final order of
removal, deportation, or exclusion may request a stay
of removal, deportation, or exclusion.
``(B) Consideration of request.--With respect to an
individual who requests a stay under subparagraph (A),
if the Secretary of Homeland Security determines that
the application for relief is bona fide, the Secretary
shall automatically stay the execution of the final
order of deportation, exclusion, or removal, and the
stay will remain in effect until a final decision is
made on the applications.
``(C) Effect of denial.--If the application is
denied, the stay of the final order is deemed lifted as
of the date of such denial, without regard to whether
the noncitizen appeals the decision.
``(3) Termination.--On the grant of an application for
relief under this section to a noncitizen with a final order of
removal, deportation, or exclusion, the final order shall be
deemed canceled by operation of law as of the date of the
approval.
``(h) Exclusion From Numerical Limitations.--Individuals provided
status under this section shall not be counted against any numerical
limitation under sections 201(d), 202(a), or 203(b)(4).
``(i) Rule of Construction.--Nothing in this section may be
construed to authorize or require the admission of any noncitizen to
the United States.
``(j) Reports.--
``(1) In general.--Not later than 120 days after the date
of the enactment of this section, and every 90 days thereafter,
the Secretary of Homeland Security shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report on--
``(A) the number of applications submitted under
each of paragraphs (1), (4), and (5) of subsection (b)
since the date of the enactment of this section,
disaggregated by the country of birth of the
applicants; and
``(B) average timelines for processing each such
application.
``(2) Public availability.--The Secretary of Homeland
Security shall publish each report submitted under paragraph
(1) on the internet website of the Department of Homeland
Security, respectively.
``(k) Publication of Guidance.--Not later than 120 days after the
date of the enactment of this section, the Secretary of Homeland
Security shall publish all policy manuals, guidance, and application
instructions relating to applications under this section on the
internet website of the Department of Homeland Security.
``(l) Regulations.--The Secretary of Homeland Security may issue
such regulations as the Secretary of Homeland Security considers
appropriate to carry out this section.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 245A
the following:
``Sec. 245B. Protection of stateless persons in the United States.''.
(2) Exception for unlawful presence of stateless persons.--
Section 212(a)(9)(B)(iii) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the
end the following:
``(V) Stateless persons.--Clause
(i) shall not apply to a noncitizen who
demonstrates that he or she is a
stateless person (as defined in section
245B(a)).''.
SEC. 1312. PREVENTION OF STATELESSNESS.
(a) Births to United States Citizens Overseas.--Section 301 of the
Immigration and Nationality Act (8 U.S.C. 1401) is amended--
(1) in subsection (g), by striking ``; and'' and inserting
a semicolon;
(2) in subsection (h), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(i) a person born to a citizen of the United States outside the
United States or in an outlying possession of the United States, if
such person is born as a stateless person (as defined in section
245B(a)).''.
(b) Foundlings.--Section 301 of the Immigration and Nationality Act
(8 U.S.C. 1401) is further amended by striking subsection (f) and
inserting the following:
``(f) a person of unknown parentage found in the United States
while under the age of 18 years, until shown, prior to the person
attaining the age of 21 years, not to have been born in the United
States;''.
(c) Stateless Safeguards for Derivative Citizenship and
International Adoptions.--
(1) Stateless safeguards.--Section 320 of the Immigration
and Nationality Act (8 U.S.C. 1431) is amended by adding at the
end the following:
``(e)(1) Notwithstanding any other provision of law, a person born
outside the United States or in an outlying possession who is or
becomes a stateless person (as defined in section 245B(a))
automatically becomes a citizen of the United States on the date on
which one of the following conditions has been fulfilled:
``(A) One parent is or was a citizen of the United States.
``(B) The person was adopted by--
``(i) a citizen of the United States; or
``(ii) an individual who became a citizen of the
United States after the date of such adoption.
``(2) This subsection applies to any person who meets the criteria
under paragraph (1) at any time.''.
(2) Age.--Section 320(a) of the Immigration and Nationality
Act (8 U.S.C. 1431(a)) is amended by striking paragraph (2) and
inserting the following:
``(2) The child is under the age of 21 years.''.
(3) Entry and custody.--Section 320(a) of the Immigration
and Nationality Act (8 U.S.C. 1431(a)) is further amended by
striking paragraph (3) and inserting the following:
``(3) The child is residing in the United States, and
provided such child is under the legal age of adulthood in the
State in which the parent of the child or the child resides, is
in the legal and physical custody of the citizen parent.''.
(d) Programs To Prevent Statelessness.--The Secretary of Homeland
Security and Secretary of State shall jointly establish and carry out
initiatives to prevent statelessness from occurring, which may
include--
(1) an assessment of United States citizenship law to
determine and amend any provision of law that results in
statelessness or a delayed acquisition of nationality that
increases the risk of statelessness;
(2) studies on the profiles and number of stateless people
living in the United States;
(3) programs to promote inclusive and nondiscriminatory
nationality laws and practices in other countries, with
particular attention to the prevention of atrocity crimes;
(4) programs to encourage other countries to establish
stateless status determination and protection legislation; and
(5) grants to universities and nongovernmental
organizations to accelerate research, education, curricula, and
knowledge on nationality law and practice and statelessness.
CHAPTER 2--OTHER INDIVIDUALS
SEC. 1321. 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 (ii));
``(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)); and
``(bb) 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) 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); or
``(VII) 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,
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) 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.
``(iii) 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; or
``(bb) a terrorist
organization described in
subclause (I) or (II) of clause
(vi)(II);
``(V) to solicit any individual--
``(aa) to engage in conduct
otherwise described in this
subsection; or
``(bb) for membership in a
terrorist organization
described in subclause (I) or
(II) of clause (vi); 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; or
``(cc) to a terrorist
organization described in
subclause (I) or (II) of clause
(vi) or to any member of such
an organization.
``(iv) Material support.--In this Act, the
term `material support' means support that is
significant and of a kind directly relevant to
terrorist activity.
``(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;
or
``(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).''.
(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. 1322. 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 1105, 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. 1323. 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'';
(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. 1401. 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)), as
amended by section 1203, is further 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:
``(9) 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. 1402. 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. 1403. 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) of the Immigration and Nationality
Act (8 U.S.C. 1225(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. 1404. 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. 1405. 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) An immigration officer shall accept for
inspection, and may not turn back, expel, instruct to
return at a later time, refuse to inspect, or otherwise
reject in any manner whatsoever, an applicant for
admission who indicates--
``(i) an intent to apply for asylum under
section 208; or
``(ii) a fear of persecution.
``(C) Special rule for asylum seekers.--A
noncitizen may not be returned to a contiguous country
if the noncitizen indicates an intent to apply for
asylum or a fear of persecution.''.
SEC. 1406. 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. 1407. 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, Inhuman 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
U.S.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. 1501. SENSE OF CONGRESS ON COORDINATION OF REFUGEE PROGRAM
AGENCIES.
It is the sense of the Congress that--
(1) the President should appoint a White House Coordinator
on Refugee Protection and grant such official the authority and
staff necessary to coordinate, prioritize, and lead efforts to
address refugee protection issues that involve multiple
agencies, including the refugee admissions program, and to
resolve interagency differences in a timely, efficient, and
effective manner; and
(2) such position should be at a senior level and require
as a condition for appointment a significant level of prior
experience in the refugee protection field.
CHAPTER 1--REFUGEE ADMISSIONS
SEC. 1511. 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 the following:
``(i) justified by humanitarian concerns or
otherwise in the national interest; and
``(ii) not fewer than 125,000.''; 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 125,000.
``(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. 1512. 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. 1513. 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 Assistant Secretary of the Office
of Refugee Resettlement (referred to in this section as the ``Assistant
Secretary'') 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
Assistant Secretary 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.);
(6) section 1244 of the Refugee Crisis in Iraq Act of 2007
(Public Law 110-181; 8 U.S.C. 1157 note);
(7) section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232);
and
(8) section 462 of the Homeland Security Act of 2002 (6
U.S.C. 279).
(c) Use of Funds.--Amounts from the Fund--
(1) shall be subject to the same limitations set forth in
title V of division H of the Consolidated Appropriations Act,
2021 (Public Law 116-260; 134 Stat. 1619) 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 Assistant
Secretary 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 Assistant Secretary to meet the purpose described in subsection
(b) in the national interest of the United States, as determined by the
Assistant Secretary.
(e) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated to the Assistant Secretary 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 $300,000,000.
(3) Justification to congress.--The President shall provide
to the appropriate committees of Congress a justification for
each request for appropriations under this section.
SEC. 1514. COMPLEMENTARY PATHWAYS.
(a) Sense of Congress.--It is the sense of Congress that any
complementary pathways program described in subsection (b) should be in
addition to, and not in lieu of, the United States Refugee Admissions
Program.
(b) Study.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall conduct
a study on, and make recommendations pertaining to, complementary
pathways to protection in the United States, including scholastic
resettlement and labor mobility programs or other parallel systems for
admitting refugees and individuals fleeing violence and persecution.
CHAPTER 2--RESETTLEMENT PROGRAM AND SUPPORT
SEC. 1521. ELEVATION OF OFFICE OF REFUGEE RESETTLEMENT.
(a) In General.--Section 411(a) of the Immigration and Nationality
Act (8 U.S.C. 1521(a)) is amended by striking the second sentence and
inserting the following: ``The head of the Office of Refugee
Resettlement in the Department of Health and Human Services shall be an
Assistant Secretary of Health and Human Services for Refugee and Asylee
Resettlement (hereinafter in this chapter referred to as the `Assistant
Secretary'), to be appointed by the President, and to report directly
to the Secretary.''.
(b) Conforming Amendments.--
(1) Section 411(b) of the Immigration and Nationality Act
(8 U.S.C. 1521(b)) is amended by striking ``Director'' and
inserting ``Assistant Secretary''.
(2) Section 412 of the Immigration and Nationality Act (8
U.S.C. 1522) is amended by striking ``Director'' each place it
appears and inserting ``Assistant Secretary''.
(3) Section 413 of the Immigration and Nationality Act (8
U.S.C. 1523) is amended by striking ``Director'' each place it
appears and inserting ``Assistant Secretary''.
(4) Section 462 of the Homeland Security Act of 2002 (6
U.S.C. 279) is amended by striking ``Director'' each place it
appears and inserting ``Assistant Secretary''.
(c) References.--Any reference to the Director of the Office of
Refugee Resettlement in any other Federal law, Executive order, rule,
regulation, operating instruction, or delegation of authority, or any
document of or pertaining to the Department of Health and Human
Services or the Office of Refugee Resettlement that refers to the
Director of the Office of Refugee Resettlement, shall be deemed to
refer to the Assistant Secretary of Health and Human Services for
Refugee and Asylee Resettlement.
SEC. 1522. 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. 1523. 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 the 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. 1524. UPDATE OF RECEPTION AND PLACEMENT GRANTS.
(a) In General.--Beginning with fiscal year 2023, 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) 100 percent of administrative per capita based on an
approved consolidated placement plan 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).
(c) Duration of Reception and Placement Services.--With respect to
individuals eligible to receive reception and placement grants, the
reception and placement period shall be not less than 1 year.
SEC. 1525. SUBSIDY RECEPTION AND PLACEMENT GRANT TO SUPPORT
UNANTICIPATED ECONOMIC AND PUBLIC HEALTH NEEDS.
The Secretary of State shall develop and implement methods and
programs to support a subsidizing line item to supplement the reception
and placement grant to account for unanticipated needs of refugees,
such as for economic and public health crises that necessitate
additional support.
SEC. 1526. 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. The Assistant Secretary shall
examine the information sharing process from country of arrival
through refugee resettlement to determine if access to
additional mental health data could help determine placements
and enable agencies to better prepare to meet refugee mental
health needs.
``(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. 1527. 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 Assistant Secretary 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
Assistant Secretary 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. 1528. STABILIZING RESETTLEMENT SITE CAPACITY FOR VOLUNTEER
COORDINATION, HOUSING COORDINATION, AND AOR PROCESSING.
In consultation with the Assistant Secretary of the Office of
Refugee Resettlement, the Assistant Secretary for the Bureau of
Population, Refugees, and Migration shall develop and implement methods
for improving volunteer coordination, housing coordination, and
Affidavit of Relationship processing to ensure resettlement sites have
the resources and capacity they need. The Assistant Secretary is
authorized to make grants to implement this section.
SEC. 1529. COMMUNITY PARTNERSHIPS, CIVIC ENGAGEMENT, AND REFUGEE
LEADERSHIP DEVELOPMENT.
(a) In General.--The Assistant Secretary for the Bureau of
Population, Refugees, and Migration shall fund a full-time employee, to
be known as a ``Community Relations Officer'', with each State
contracted for resettlement whose position will focus on building
community partnerships, encouraging diverse attendance at community
consultations, and organizing community consultations.
(b) Grants Authorized.--The Assistant Secretary for the Bureau of
Population, Refugees, and Migration is authorized to make grants to,
and enter into contracts with, State and local governments to implement
this section.
(c) Responsibilities.--The responsibilities of a Community
Relations Officer shall be--
(1) to consider opportunities to encourage regular
consultation among diverse stakeholders, such as by refugees,
State Refugee Coordinators and health coordinators,
resettlement agencies, and other service organizations and
Ethnic Community Based Organizations;
(2) to support civic engagement of refugees and refugee
leadership development; and
(3) to consider methods to expand outreach to asylees to
ensure asylee access to services.
CHAPTER 3--ACCESS TO SERVICES AND BENEFITS
SEC. 1531. EXTENSION OF ELIGIBILITY PERIOD FOR SOCIAL SECURITY BENEFITS
FOR CERTAIN REFUGEES.
(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, 2023.
SEC. 1532. IN-STATE TUITION RATES FOR REFUGEES, ASYLEES, AND CERTAIN
SPECIAL IMMIGRANTS.
(a) In General.--The Higher Education Act of 1965 is amended by
inserting after section 135 (20 U.S.C. 1015d) the following:
``SEC. 135A. IN-STATE TUITION RATES FOR REFUGEES, ASYLEES, AND CERTAIN
SPECIAL IMMIGRANTS.
``(a) Requirement.--In the case of an alien described in subsection
(b) whose domicile is in a State that receives assistance under this
Act, such State shall not charge such alien tuition for attendance at a
public institution of higher education in the State at a rate that is
greater than the rate charged for residents of the State.
``(b) Aliens Described.--An alien is described in this subsection
if the alien was granted--
``(1) refugee status and admitted to the United States
under section 207 of the Immigration and Nationality Act (8
U.S.C. 1157);
``(2) asylum under section 208 of such Act (8 U.S.C. 1158);
or
``(3) special immigrant status under section 101(a)(27) of
such Act (8 U.S.C. 1101(a)(27)) pursuant to--
``(A) section 1244 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 8 U.S.C. 1157 note);
``(B) section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 8 U.S.C. 1101 note); or
``(C) section 602 of the Afghan Allies Protection
Act of 2009 (Public Law 111-8; 8 U.S.C. 1101 note).
``(c) Limitations.--The requirement under subsection (a) shall
apply with respect to an alien only until the alien has established
residency in the State, and only with respect to the first State in
which the alien was first domiciled after being admitted into the
United States as a refugee or special immigrant or being granted
asylum.
``(d) Effective Date.--This section shall take effect at each
public institution of higher education in a State that receives
assistance under this Act for the first period of enrollment at such
institution that begins after July 1, 2024.''.
(b) Conforming Amendment.--The table of contents for the Higher
Education Act of 1965 is amended by inserting after the item relating
to section 135 the following:
``Sec. 135A. In-State tuition rates for refugees, asylees, and certain
special immigrants.''.
CHAPTER 4--TRAINING, ORIENTATION, AND INCLUSION
SEC. 1541. PRE-DEPARTURE TRAINING FOR APPROVED REFUGEE APPLICANTS.
(a) Training Programs.--
(1) In general.--The Assistant Secretary for the Bureau of
Population, Refugees, and Migration, in consultation with the
directors and heads of office of the Resettlement Support
Centers (or the designees of such directors and heads of
office), shall develop and implement methods for improving
overseas refugee training programs administered by the
Resettlement Support Centers to offer English as a second
language, work orientation training options, cultural
orientation, civic engagement, and health and wellness for
refugees and Iraqi and Afghan special immigrant visa holders
and their dependents, who have been approved for admission to
the United States before their departure for the United States.
(2) Community integration.--The Assistant Secretary for the
Bureau of Population, Refugees, and Migration shall develop and
implement pre-departure programs for achieving community
integration of refugees resettled in the United States.
(3) Grants authorized.--The Assistant Secretary for the
Bureau of Population, Refugees, and Migration is authorized to
make grants to implement this subsection.
(b) Design and Implementation.--In designing and implementing the
programs referred to in subsection (a), the Secretary of State shall
consult with or use--
(1) nongovernmental or international organizations with
direct ties to the United States refugee resettlement program;
and
(2) nongovernmental or international organizations with
appropriate expertise in developing curriculum and teaching
English as a second language.
(c) Impact on Processing Times.--The Secretary of State shall
ensure that such training programs are strictly optional, occur within
applicable processing times and do not delay or prevent the departure
for the United States of refugees who have been approved for admission
to the United States.
(d) Timeline for Implementation.--
(1) Initial implementation.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of State
shall ensure that the training programs under subsection (a)
are fully and continually operational in at least 3 refugee
processing regions.
(2) Additional implementation.--Not later than 2 years
after the date of the enactment of this Act, the Secretary of
State shall notify the Committees on Appropriations and the
Committee on the Judiciary of the Senate and the Committees on
Appropriations and the Committee on the Judiciary of the House
of Representatives that such training programs are fully and
consistently operational in 5 refugee processing regions.
(e) GAO Report.--Not later than 4 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a study on the implementation of this section, including
an assessment of the quality of English as a second language curriculum
and instruction, the benefits of the work orientation and English as a
second language training program to refugees, and recommendations on
whether such programs should be continued, broadened, or modified, and
shall submit to the Committee on Appropriations and the Committee on
the Judiciary of the Senate and the Committee on Appropriations and the
Committee on the Judiciary of the House of Representatives a report on
the findings of such study.
(f) Rule of Construction.--Nothing in this section may be construed
to require that a refugee participate in such a training program as a
precondition for the admission to the United States of such refugee.
SEC. 1542. DOMESTIC REFUGEE RESETTLEMENT PROGRAMS ON DIGITAL AND
FINANCIAL LITERACY; HOUSING AND TRANSPORTATION ACCESS.
(a) Amendments to Social Services Funding.--Section 412(b) of the
Immigration and Nationality Act (8 U.S.C. 1522(b)) is amended to read
as follows:
``(b) Programs for Digital and Financial Literacy and Housing and
Transportation Access.--
``(1) In general.--The Assistant Secretary of the Office of
Refugee Resettlement, in consultation with the Assistant
Secretary for the Bureau of Population, Refugees, and
Migration, shall develop and implement methods--
``(A) for improving the digital literacy of
refugees, and strengthening their access to digital
devices and broadband;
``(B) to support refugees with bereavement costs
and financial literacy, such as life insurance,
retirement, banking, and other forms of financial
independence;
``(C) to support refugees' access to affordable
housing, home ownership, public housing, legal
orientation, and public transportation; and
``(D) to support refugees' driving orientation with
respect to laws, defensive driving, and vehicle
maintenance classes.
``(2) Grants authorized.--The Assistant Secretary of the
Office of Refugee Resettlement is authorized to make grants to,
and enter into contracts with, State and local governments and
resettlement agencies to implement this section.''.
(b) Immediate Eligibility for Driver's Licenses for Refugees,
Asylees, and Certain Special Immigrants.--
(1) In general.--Any State in which a alien described in
paragraph (2) is domiciled shall waive residency requirements
for obtaining a driver's license or an identification card in a
manner than ensure that such an alien is immediately eligible
for a driver's license or identification card, including under
section 202 of the REAL ID Act of 2005 (division B of Public
Law 109-13; 49 U.S.C. 30301 note), notwithstanding subsection
(c)(2)(B) of such Act.
(2) Alien described.--An alien is described in this
subsection if the alien was granted--
(A) refugee status and admitted to the United
States under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157);
(B) asylum under section 208 of such Act (8 U.S.C.
1158); or
(C) special immigrant status under section
101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) pursuant
to section 1244 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 111-84; 8 U.S.C.
1157 note); section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 8 U.S.C. 1101 note); or section 602 of the Afghan
Allies Protection Act of 2009 (Public Law 111-8; 8
U.S.C. 1101 note).
(c) Additional Programs.--
(1) In general.--The Assistant Secretary for the Bureau of
Population, Refugees, and Migration, in consultation with the
Assistant Secretary of the Office of Refugee Resettlement,
shall develop and implement methods--
(A) for improving the digital literacy of refugees,
and strengthening their access to digital devices and
broadband;
(B) to support refugees with bereavement costs and
financial literacy, such as life insurance, retirement,
banking, and other forms of financial independence; and
(C) to support refugees' access to affordable
housing, home ownership, public housing, legal
orientation, and public transportation.
(2) Grants authorized.--The Assistant Secretary for the
Bureau of Population, Refugees, and Migration is authorized to
make grants to, and enter into contracts with, State and local
governments and resettlement agencies to implement this
subsection.
SEC. 1543. STUDY AND REPORT ON DIGITAL LITERACY, EQUITY, AND INCLUSION
AMONG REFUGEES IN THE UNITED STATES.
(a) Definitions.--In this section:
(1) Digital equity.--The term ``digital equity'' means the
condition in which individuals and communities have the
information technology capacity that is needed for full
participation in the society, democracy, and economy of the
United States.
(2) Digital inclusion.--The term ``digital inclusion''--
(A) means the activities that are necessary to
ensure that all individuals in the United States have
access to, and the use of, affordable information and
communication technologies, such as--
(i) reliable broadband internet service;
(ii) internet-enabled devices that meet the
needs of the user; and
(iii) applications and online content
designed to enable and encourage self-
sufficiency, participation, and collaboration,
including applications and online content that
can be rendered accessible in the user's
preferred language; and
(B) includes--
(i) obtaining access to digital literacy
training;
(ii) the provision of quality technical
support; and
(iii) obtaining basic awareness of measures
to ensure online privacy and cybersecurity.
(3) Digital literacy.--The term ``digital literacy'' means
the skills associated with using technology to enable learners
to find, evaluate, organize, create, communicate, and
understand information in the learner's preferred language.
(b) Study.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study on the status of digital
literacy among refugees resettled to the United States.
(2) Matters to be included.--The study conducted under
paragraph (1) shall include the following:
(A) An assessment of refugee digital literacy,
equity, and inclusion outcomes including an analysis
of--
(i) access to internet service
subscriptions as measured by the rates at which
households subscribe to service plans, the
quality of service plans, and the affordability
of service plans;
(ii) device access as measured by type, and
number per members of household school-age and
older;
(iii) digital literacy as measured by a
continuum of proficiency rates and ability to
overcome language barriers;
(iv) availability of technical assistance
and training services;
(v) digital usage patterns (such as school,
work, job applications, or coding); and
(vi) awareness of, availability of, and
ability to navigate to public access points
(such as schools, libraries and other community
access).
(B) The results of the assessment under
subparagraph (A) disaggregated by socioeconomic
factors, including income level, race and ethnicity,
gender, preferred language, age, disability, and level
of education.
(C) An assessment of how digital literacy, equity,
and inclusion limitations impact refugee integration
outcomes across--
(i) employment;
(ii) participation in financial systems;
(iii) participation in democracy;
(iv) civic engagement;
(v) adult education;
(vi) children's education; and
(vii) access to health services.
(D) An assessment of whether and how digital
literacy training, free internet service, and technical
support should be incorporated as part of cultural
orientation programs offered to refugees before their
arrival in the United States and to refugees recently
arrived in the United States.
(E) An assessment of whether and how related costs
to support digital literacy, equity, and inclusion,
should be factored into reception and placement per
capita grant amounts, including for--
(i) the 1-time cost of digital device
purchases, ensuring adequate and gender-
equitable distribution of devices per
household; and
(ii) ongoing internet service subscription
costs.
(F) An assessment of whether and how to include a
measure of digital literacy in the self-sufficiency
metrics used by the Office of Refugee Resettlement to
assess refugee integration outcomes.
(G) A survey of existing digital literacy, equity,
and inclusion programming across resettlement agency
offices and existing best practices, including--
(i) technology mentorship programs;
(ii) digital literacy workshops;
(iii) digitally related career pathways;
(iv) device ownership programs;
(v) digital navigator programs; and
(vi) home broadband support.
(H) 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 digital literacy, equity,
and inclusion.
(I) Recommendations on ways in which the Office of
Refugee Resettlement may improve digital literacy
outcomes and the domestic refugee resettlement program
with respect to digital literacy, equity, and
inclusion.
(J) Recommendations for metrics and criteria for
evaluating digital literacy, equity, and inclusion in
populations within the mandate of the Office of Refugee
Resettlement.
(c) Report.--Not later than 30 days after the date on which a study
under subsection (a) is completed, the Comptroller General shall submit
a report to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives that
describes the results of the study.
CHAPTER 5--DOMESTIC REFUGEE RESETTLEMENT REFORM AND MODERNIZATION ACT
SEC. 1551. SHORT TITLE.
This chapter may be cited as the ``Domestic Refugee Resettlement
Reform and Modernization Act of 2022''.
SEC. 1552. DEFINITIONS.
In this chapter:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of the Office of Refugee
Resettlement in the Department of Health and Human Services.
(2) Community-based organization.--The term ``community-
based organization'' means a nonprofit organization providing a
variety of social, health, educational and community services
to a population that includes refugees resettled into the
United States.
(3) National resettlement agencies.--The term ``national
resettlement agencies'' means voluntary agencies contracting
with the Department of State to provide sponsorship and initial
resettlement services to refugees entering the United States.
SEC. 1553. ASSESSMENT OF REFUGEE DOMESTIC RESETTLEMENT PROGRAMS.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a study regarding the effectiveness of the domestic
refugee resettlement programs operated by the Office of Refugee
Resettlement.
(b) Matters To Be Studied.--In the study required under subsection
(a), the Comptroller General shall determine and analyze--
(1) how the Office of Refugee Resettlement defines self-
sufficiency and integration and if these definitions adequately
represent refugees' needs in the United States;
(2) the effectiveness of Office of Refugee Resettlement
programs in helping refugees to meet self-sufficiency and
integration;
(3) technological solutions for consistently tracking
secondary migration, including opportunities for interagency
data sharing;
(4) the Office of Refugee Resettlement's budgetary
resources and project the amount of additional resources needed
to fully address the unmet needs of refugees with regard to
self-sufficiency and integration;
(5) the role of community-based organizations in serving
refugees in areas experiencing a high number of new refugee
arrivals;
(6) how community-based organizations can be better
utilized and supported in the Federal domestic resettlement
process;
(7) recertification processes for high-skilled refugees,
specifically considering how to decrease barriers for refugees
and special immigrant visa holders to use their skills; and
(8) recommended statutory changes to improve the Office of
Refugee Resettlement and the domestic refugee program in
relation to the matters analyzed under paragraphs (1) through
(7).
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that contains the results of
the study conducted under this section.
SEC. 1554. GUIDANCE REGARDING REFUGEE PLACEMENT DECISIONS.
(a) Consultation.--The Secretary of State shall provide guidance to
national resettlement agencies and State refugee coordinators on
consultation with local stakeholders pertaining to refugee
resettlement.
(b) Best Practices.--The Secretary of Health and Human Services, in
collaboration with the Secretary of State, shall collect best practices
related to the implementation of the guidance on stakeholder
consultation on refugee resettlement from voluntary agencies and State
refugee coordinators and disseminate such best practices to such
agencies and coordinators.
CHAPTER 6--OVERSEAS PROCESSING AND PREPARATION
SEC. 1561. REFUGEE BIOMETRIC DATA AND REPORTING.
(a) The Department of State, in consultation with the Department of
Homeland Security, shall permit United States Government staff already
in-country to travel to collect the fingerprints and biometric data of
refugees, in absence of circuit rides.
(b) The Secretary of State, in consultation with the Secretary of
Homeland Security, shall develop and implement methods to enhance
virtual citizenship and virtual adjudication of citizenship
applications, including remote interviews and ceremonies to expedite
the process.
(c) The Secretary of Homeland Security shall robustly implement the
plan to permit the use of video and audio teleconferencing to conduct
refugee interviews and establish the necessary infrastructure to do so.
The Department of Homeland Security is directed to issue a report
within 90 days of enactment the details of how many interviews were
conducted remotely or by video, what infrastructure was created to do
so, and what the Department needs to expand the use of remote
interviews. The report shall also include challenges and best practices
in conducting remote interviews and factors that informed the
Department's decisions around which applicants were eligible for a
remote interview. The report shall further include recommendations for
a significant investment in internet infrastructure solutions, such as
Wi-Fi and broadband access, in remote processing locations, as failure
to do so will disproportionately impact processing and departures from
certain parts of the world.
SEC. 1562. 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 section 207(a)(1) of the Immigration and Nationality Act (8
U.S.C. 1157(a)(1)), 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. 1563. PRIORITY 3 FAMILY REUNIFICATION CASES.
(a) In General.--Because of the importance of reuniting immediate
refugee families who have been separated while fleeing from
persecution, Priority 3 processing shall be made available to
individuals of all nationalities, including stateless individuals.
(b) Universal Eligibility for All Nationalities.--
(1) In general.--Eligible Priority 3 Affidavit of
Relationship filers will include those admitted in asylum,
refugee, or Afghan and Iraqi special immigrants admitted under
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 (Public
Law 110-181; 8 U.S.C. 1157 note), and section 602 of the Afghan
Allies Protection Act of 2009 (Public Law 111-8; 8 U.S.C. 1101
note).
(2) Eligible affidavit of relationship files.--Eligible
Affidavit of Relationship (referred to in this section as
``AOR'') filers include individuals who are lawful permanent
residents of the United States or United States citizens who
initially were admitted to the United States in a status
described in paragraph (1).
(c) Requirements.--The United States-based filer shall be at least
18 years of age at the time that the AOR is filed. The filer shall file
the AOR not later than 5 years after the date they were admitted as a
refugee or special immigrant or were granted asylum. The Secretary of
State may reject any AOR for a relationship that does not comport with
public policy, such as under-age or plural marriages.
(d) Family Members Included.--
(1) In general.--The following family members of the United
States-based family members are qualified for Priority 3
access:
(A) Spouse.
(B) Unmarried children who are younger than 21
years of age.
(C) Parents.
(2) Partners.--The Secretary of State may allow a
qualifying individual to file for Priority 3 access for a
partner of any gender if the filer can provide evidence of a
relationship with the partner for at least one year overseas
prior to the submission of the AOR and considered that person
to be his or her spouse or life partner, and that the
relationship is ongoing, together with evidence that legal
marriage was not an obtainable option due to social or legal
prohibitions.
(e) Derivative Refugee Status.--In addition to the qualifying
family members of a United States-based individual identified above,
the qualifying family member's spouse and unmarried children younger
than 21 years of age may derive refugee status from the principal
applicant for refugee status.
(f) Additional Qualifying Family Members.--
(1) In general.--On a case-by-case basis, an individual may
be added to a qualifying family member's Priority 3 case if
that individual--
(A) lived in the same household as the qualifying
family member in the country of nationality or, if
stateless, last habitual residence;
(B) was part of the same economic unit as the
qualifying family member in the country of nationality
or, if stateless, last habitual residence; and
(C) demonstrates exceptional and compelling
humanitarian circumstances that justify inclusion on
the qualifying family member's case.
(2) Refugee status independent from principal applicant.--
To be added to a qualifying family member's case under
paragraph (1), an individual described in paragraph (1) shall
independently establish that they are refugees.
(g) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Homeland Security, in collaboration with
the Secretary of State, shall submit a report to Congress that--
(1) describes the steps taken by the administration to re-
examine and expedite Priority 3 processing, including--
(A) reducing lengthy delays in the initial paper
review by the U.S. Citizenship and Immigration Services
Refugee Access Verification Unit (referred to in this
subsection as ``RAVU'') of the relationship between the
anchor relative and overseas family member listed on
the Affidavit of Relationship;
(B) reducing inefficiencies in DNA testing; and
(C) making more efficient other processing steps
that are required only for Priority 3 cases;
(2) details the resources necessary to improve RAVU so as
to improve Priority 3 processing and ensure that the number of
U.S. Citizenship and Immigration Services employees dedicated
to RAVU is consistently not less than 4 full-time dedicated
personnel so as to maintain a capacity to complete RAVU within
30 days of receipt of each case; and
(3) includes the following data as of the first day of each
fiscal year and each of the 6 fiscal years preceding the date
of the enactment of this Act, for--
(A) Priority 3 refugee applicants who had submitted
an AOR and were waiting for an initial interview with
the resettlement support center;
(B) Priority 3 refugee applicants who had completed
the initial interview at the Refugee Processing Center
and whose applications were not yet submitted by the
Refugee Processing Center to RAVU;
(C) Priority 3 refugee applicants whose
applications were submitted by the Refugee Processing
Center to RAVU and were pending a decision by RAVU;
(D) Priority 3 refugee applicants whose
applications were decided by RAVU and were pending a
pre-screening interview at the Refugee Processing
Center;
(E) Priority 3 refugee applicants who completed a
pre-screening interview at the Refugee Processing
Center and who were pending interviews with U.S.
Citizenship and Immigration Services;
(F) Priority 3 refugee applicants who had completed
interviews and were pending security clearance;
(G) Priority 3 refugee applicants who were ready
for departure; and
(H) Priority 3 refugee applicants who have died or
gone missing while in the Priority application process
without ever being reunited with their families.
SEC. 1564. CREATING A ROVING RESETTLEMENT SUPPORT CENTER.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall establish a Roving
Resettlement Support Center to increase overall operational agility and
responsiveness of the United States Refugee Admissions Program.
(b) Duties.--The Roving Resettlement Support Center shall--
(1) coordinate and manage refugee processing for the United
States Refugee Admissions Program, including--
(A) receive and process cases referred to the
United States Refugee Admissions program by the United
Nations High Commissioner for Refugees, nongovernmental
organizations, and United States embassies;
(B) receive and process resettlement applications
under all Priority categories; and
(2) build the operational capacity for the rapid deployment
of single-site resettlement processing during unanticipated
refugee crises; and
(3) provide support and technical assistance to the United
Nations High Commissioner for Refugees to expand and improve
referral capacity as needed.
Subtitle F--Authorization of Appropriations
SEC. 1601. 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 humanitarian
backlog of refugee, asylum, and other humanitarian applications to the
Refugee, Asylum and International Operations Directorate.
TITLE II--REFUGEE AND ASYLUM SEEKER PROCESSING IN WESTERN HEMISPHERE
SEC. 2101. 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.
(c) Strengthening of Referral Pathways.--The Secretary of State, in
consultation with the Secretary, shall--
(1) certify and partner with local and national
nongovernmental organizations that operate overseas to make
Priority 1 referrals to the United States Refugee Admissions
Program--
(A) to increase referral pathways for the United
States Refugee Admissions Program;
(B) to diversify referral pathways and prevent
program impacts due to operational delays and capacity
limitations in the referral processes of the United
Nations High Commissioner for Refugees; and
(C) to expand access to the United States Refugee
Admissions Program to particularly vulnerable refugees,
including--
(i) individuals with urgent protection
needs who might otherwise be overlooked;
(ii) individuals who are at risk in camps,
such as LGBTQI individuals; and
(iii) individuals living in noncamp
settings;
(2) work with national nongovernmental organizations to
identify referrals from smaller nongovernmental organizations
to the United States Refugee Admissions Program;
(3) direct resettlement support centers to facilitate and
accept such referrals;
(4) provide training for new referral partners to encourage
new nongovernmental organizations to participate in
resettlement;
(5) ensure coordination with partners already working with
refugees in the region; and
(6) continue to implement robust fraud-prevention measures
as part of the establishment of referral structures under this
subsection--
(A) to continue to safeguard the integrity of the
United States Refugee Admissions Program; and
(B) to prevent corruption through manipulation of
the resettlement system.
SEC. 2102. 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. 2103. 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. 2104. 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. 2105. 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 2106;
(B) the Central American Minors Program described
in section 2107; and
(C) the Central American Family Reunification
Parole Program described in section 2108.
(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. 2106. 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 the fiscal years 2023, 2024, 2025, 2026, and 2027, 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, 2027; 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 2105(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 2105(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;
(D) a threat to life, physical or psychological
integrity, including from adverse impacts on
livelihoods and exceptional situations, such as
environmental disasters, (including from the effects of
climate change) for which there is no adequate remedy
in the country of origin; or
(E) 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 appropriations Acts, the Secretary shall
appoint such additional refugee officers as may be necessary to carry
out this section.
SEC. 2107. 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, 1152, and 1153).
(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
2105(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. 2108. 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
2105(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 2105(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. 2109. 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. 3101. 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. 3102. 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 (Public Law 110-181; 8 U.S.C. 1157 note), section 602
of the Afghan Allies Protection Act of 2009 (Public Law 111-8; 8 U.S.C.
1101 note), or section 308 of the Refugee Protection Act of 2022''
after ``who have entered the United States,''.
TITLE IV--NONDISCRIMINATION
SEC. 4101. EXPANSION OF NONDISCRIMINATION PROVISION.
Section 202(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1152(a)(1)(A)) is amended--
(1) by striking ``Except as specifically provided in
paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and
203, no'' and inserting ``No'';
(2) by inserting ``or a nonimmigrant visa, admission or
other entry into the United States, or the approval or
revocation of any immigration benefit'' after ``immigrant
visa'';
(3) by inserting ``religion,'' after ``sex,''; and
(4) by inserting before the period at the end the
following: ``, except as specifically provided in paragraph
(2), in sections 101(a)(27), 201(b)(2)(A)(i), and 203, if
otherwise expressly required by statute, or if a statutorily
authorized benefit takes into consideration such factors''.
SEC. 4102. TRANSFER AND LIMITATIONS ON AUTHORITY TO SUSPEND OR RESTRICT
THE ENTRY OF A CLASS OF ALIENS.
Section 212(f) of the Immigration and Nationality Act (8 U.S.C.
1182(f)) is amended to read as follows:
``(f) Authority To Suspend or Restrict the Entry of a Class of
Aliens.--
``(1) In general.--Subject to paragraph (2), if the
Secretary of State, in consultation with the Secretary of
Homeland Security, determines, based on specific and credible
facts, that the entry of any aliens or any class of aliens into
the United States would undermine the security or public safety
of the United States or the preservation of human rights,
democratic processes or institutions, or international
stability, the President may temporarily--
``(A) suspend the entry of such aliens or class of
aliens as immigrants or nonimmigrants; or
``(B) impose any restrictions on the entry of such
aliens that the President deems appropriate.
``(2) Limitations.--In carrying out paragraph (1), the
President, the Secretary of State, and the Secretary of
Homeland Security shall--
``(A) only issue a suspension or restriction when
required to address specific acts implicating a
compelling government interest in a factor identified
in paragraph (1);
``(B) narrowly tailor the suspension or
restriction, using the least restrictive means, to
achieve such compelling government interest;
``(C) specify the duration of the suspension or
restriction;
``(D) consider waivers to any class-based
restriction or suspension and apply a rebuttable
presumption in favor of granting family-based and
humanitarian waivers; and
``(E) comply with all provisions of this Act.
``(3) Congressional notification.--
``(A) In general.--Prior to the President
exercising the authority under paragraph (1), the
Secretary of State and the Secretary of Homeland
Security shall consult Congress and provide Congress
with specific evidence supporting the need for the
suspension or restriction and its proposed duration.
``(B) Briefing and report.--Not later than 48 hours
after the President exercises the authority under
paragraph (1), the Secretary of State and the Secretary
of Homeland Security shall provide a briefing and
submit a written report to Congress that describes--
``(i) the action taken pursuant to
paragraph (1) and the specified objective of
such action;
``(ii) the estimated number of individuals
who will be impacted by such action;
``(iii) the constitutional and legislative
authority under which such action took place;
and
``(iv) the circumstances necessitating such
action, including how such action complies with
paragraph (2), as well as any intelligence
informing such actions.
``(C) Termination.--If the briefing and report
described in subparagraph (B) are not provided to
Congress during the 48 hours that begin when the
President exercises the authority under paragraph (1),
the suspension or restriction shall immediately
terminate absent intervening congressional action.
``(D) Congress.--In this paragraph, the term
`Congress' refers to the Select Committee on
Intelligence of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on the Judiciary
of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Permanent
Select Committee on Intelligence of the House of
Representatives, the Committee on Foreign Affairs of
the House of Representatives, the Committee on the
Judiciary of the House of Representatives, and the
Committee on Homeland Security of the House of
Representatives.
``(4) Publication.--The Secretary of State and the
Secretary of Homeland Security shall publicly announce and
publish an unclassified version of the report described in
paragraph (3)(B) in the Federal Register.
``(5) Judicial review.--
``(A) In general.--Notwithstanding any other
provision of law, an individual or entity who is
present in the United States and has been harmed by a
violation of this subsection may file an action in an
appropriate district court of the United States to seek
declaratory or injunctive relief.
``(B) Class action.--Nothing in this Act may be
construed to preclude an action filed pursuant to
subparagraph (A) from proceeding as a class action.
``(6) Treatment of commercial airlines.--Whenever the
Secretary of Homeland Security finds that a commercial airline
has failed to comply with regulations of the Secretary of
Homeland Security relating to requirements of airlines for the
detection of fraudulent documents used by passengers traveling
to the United States (including the training of personnel in
such detection), the Secretary of Homeland Security may suspend
the entry of some or all aliens transported to the United
States by such airline.
``(7) Rule of construction.--Nothing in this section may be
construed as authorizing the President, the Secretary of State,
or the Secretary of Homeland Security to act in a manner
inconsistent with the policy decisions expressed in the
immigration laws.''.
SEC. 4103. VISA APPLICANTS REPORT.
(a) Initial Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Homeland Security and the
heads of other relevant Federal agencies, shall submit a report
to the congressional committees referred to in section
212(f)(3)(D) of the Immigration and Nationality Act, as amended
by section 4102 of this Act, that describes the implementation
of Presidential Proclamations 9645, 9822, and 9983 and
Executive Order Nos. 13769, 13780, and 13815, during the
effective period of each such proclamation and order.
(2) Presidential proclamation 9645 and 9983.--In addition
to the content described in paragraph (1), the report submitted
with respect to Presidential Proclamation 9645, issued on
September 24, 2017, and Presidential Proclamation 9983, issued
on January 31, 2020, shall include, for each country listed in
such proclamation--
(A) the total number of individuals who applied for
a visa during the time period the proclamation was in
effect, disaggregated by country and visa category;
(B) the total number of visa applicants described
in subparagraph (A) who were approved, disaggregated by
country and visa category;
(C) the total number of visa applicants described
in subparagraph (A) who were refused, disaggregated by
country and visa category, and the reasons they were
refused;
(D) the total number of visa applicants described
in subparagraph (A) whose applications remain pending,
disaggregated by country and visa category;
(E) the total number of visa applicants described
in subparagraph (A) who were granted a waiver,
disaggregated by country and visa category;
(F) the total number of visa applicants described
in subparagraph (A) who were denied a waiver,
disaggregated by country and visa category, and the
reasons such waiver requests were denied;
(G) the total number of refugees admitted,
disaggregated by country; and
(H) the complete reports that were submitted to the
President every 180 days in accordance with section 4
of Presidential Proclamation 9645 in its original form,
and as amended by Presidential Proclamation 9983.
(b) Additional Reports.--Not later than 30 days after the date on
which the President exercises the authority under section 212(f) of the
Immigration and Nationality Act (8 U.S.C. 1182(f)), as amended by
section 4102 of this Act, and every 30 days thereafter, the Secretary
of State, in coordination with the Secretary of Homeland Security and
heads of other relevant Federal agencies, shall submit a report to the
congressional committees referred to in paragraph (3)(D) of such
section 212(f) that identifies, with respect to countries affected by a
suspension or restriction, the information described in subparagraphs
(A) through (G) of subsection (a)(2) and the specific evidence
supporting the need for the continued exercise of Presidential
Authority under such section 212(f), including the information
described in paragraph (3)(B) of such section 212(f). If the report
described in this subsection is not provided to such congressional
committees in the time specified, the suspension or restriction shall
immediately terminate absent intervening congressional action. A final
report with such information shall be prepared and submitted to such
congressional committees not later than 30 days after the suspension or
restriction is lifted.
(c) Form; Availability.--The reports required under subsections (a)
and (b) shall be made publicly available online in unclassified form.
TITLE V--GENERAL PROVISIONS
SEC. 5101. 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. 5102. 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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