[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5471 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5471
To halt removal of certain nationals of Vietnam, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2023
Mr. Correa (for himself and Mrs. Steel) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To halt removal of certain nationals of Vietnam, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honor Our Commitment Act of 2023''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) From April to September 1975, the United States
conducted Operation New Arrival to relocate 130,000 Vietnamese
refugees to the United States following the end of the Vietnam
War. During this time, more than 50,000 Vietnamese refugees
were processed through Camp Pendleton for resettlement in
southern California.
(2) In the 4 decades since they fled Vietnam as refugees,
Vietnamese Americans have woven their stories into the American
fabric.
(3) The largest concentrations of Vietnamese Americans can
be found in Orange County, California, followed by San Jose
(California), Houston (Texas), Seattle (Washington), Northern
Virginia, and New Orleans (Louisiana).
(4) According to the American Community Survey, 1.4 million
Americans speak Vietnamese at home, the fourth-most-common
language other than English.
(5) Immigrants may find it difficult to assimilate into
their new communities as a result of the trauma of war. A 2018
study published by Rashmi Gangamma and Daran Shipman in the
Journal of Marital and Family Therapy noted that ``the
traumatic nature of (an immigrant's) forced displacement
flight, and resettlement can increase vulnerability to mental
distress.'' First generation immigrant children are especially
vulnerable to gang violence when their parents find it
difficult to navigate their new communities culturally and
politically.
(6) In 2008, the United States and Vietnam signed a
bilateral repatriation agreement, hereinafter known as the 2008
Vietnam-U.S. Memorandum of Understanding (MOU).
(7) According to section 2, article 2 of the 2008 Vietnam-
U.S. MOU, ``Vietnamese citizens are not subject to return to
Vietnam under this Agreement if they arrived in the United
States before July 12, 1995, the date on which diplomatic
relations were re-established between the U.S. Government and
the Vietnamese Government. The U.S. Government and the
Vietnamese Government maintain their respective legal positions
relative to Vietnamese citizens who departed Vietnam for the
United States prior to that date.''.
(8) Under President George Bush and President Barack Obama,
the United States recognized the 2008 Vietnam-U.S. MOU's
protections and refrained from deporting pre-1995 Vietnamese
refugees.
(9) In November 2020, President Donald Trump's
Administration signed a new agreement with Vietnam which allows
for the deportation of Vietnamese refugees who arrived in the
United States prior to July 12, 1995. This includes lawful
permanent residents who have committed certain minor crimes and
others who came to the United States as children after the
Vietnam War.
SEC. 3. LIMITATION ON THE DETENTION AND REMOVAL OF NATIONALS OF
VIETNAM.
(a) Limitation on Detention and Removal.--Except as provided in
subsection (b), an alien may not be detained or removed from the United
States on or after the date of enactment of this Act if the alien--
(1) is a national of Vietnam;
(2) entered the United States on or before July 12, 1995
and has continuously resided in the United States since such
entry; and
(3) is subject to a final order of removal.
(b) Exception.--Subsection (a) shall not apply to an alien if--
(1) the Secretary of Homeland Security determines, based on
credible facts, that the alien is directly responsible for
harming the security of the United States; or
(2) the alien is subject to extradition.
(c) Employment Authorization.--The Secretary of Homeland Security
shall authorize an alien described in subsection (a) to engage in
employment in the United States and provide such alien with an
``employment authorized'' endorsement or other appropriate work permit.
SEC. 4. NOTICE FOR CERTAIN VIETNAMESE NATIONALS WITH REMOVAL ORDERS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Homeland Security shall provide notice of
the provisions of this Act to each alien described in section 3(a).
(b) Contents of Notice.--The notice described in subsection (a)
shall include information explaining the requirements and instructions
for filing a motion to reopen removal proceedings under section
240(c)(7) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(7)).
SEC. 5. JUDICIAL REVIEW.
(a) Review.--Notwithstanding any other provision of law, an
individual or entity who has been harmed by a violation of this Act may
file an action in an appropriate district court of the United States to
seek declaratory or injunctive relief.
(b) Rule of Construction.--Nothing in this Act may be construed to
preclude an action filed pursuant to subsection (a) from proceeding as
a class action (as such term is defined in section 1711 of title 28,
United States Code).
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