[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3987 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 3987
To protect stateless persons in the United States, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 20, 2024
Mr. Cardin (for himself, Mr. Durbin, Mr. Padilla, Ms. Hirono, Mr.
Welch, Mr. Markey, Ms. Warren, and Mr. Wyden) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To protect stateless persons in the United States, 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 ``Stateless Protection Act of 2024''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The International Covenant on Civil and Political
Rights, to which the United States is a party, provides that
every child has the right to acquire a nationality, and
numerous other treaties and the Universal Declaration of Human
Rights recognize the right to a nationality.
(2) Statelessness is an abhorrent affront to human dignity
and may lead to the violation of human rights.
(3) The Supreme Court of the United States has recognized
that denationalization, as a form of punishment, is more
primitive than torture.
(4) Government action and inaction causes statelessness;
therefore, governments have the power to resolve and prevent
statelessness.
(5) The United Nations High Commissioner for Refugees--
(A) is a United Nations agency responsible for
identifying stateless persons, preventing and reducing
statelessness, and protecting stateless persons; and
(B) estimates that there are at least 10,000,000
stateless persons worldwide.
(6) A 2020 study conducted by the Center for Migration
Studies found that there are approximately 218,000 individuals
living in the United States who are stateless or at risk of
statelessness.
(7) Stateless individuals live in all 50 States, and many
such individuals have lived in the United States for years or
decades without relief.
(8) Despite the presence of stateless persons in the United
States, there is no law relating to the identification of
stateless persons in the United States or to provide stateless
persons with a path to legal status.
(9) Stateless persons often--
(A) live without the means to work legally or to
travel; and
(B) face barriers in opening bank accounts,
pursuing higher education, accessing justice, and
obtaining health care.
(10) If detained for removal from the United States, a
stateless person is often subjected to prolonged detention and,
in some instances, cannot be removed because no country
recognizes the person as its national.
(b) Sense of Congress.--It is the sense of Congress that to resolve
statelessness and its related human suffering, lost potential, and
societal impacts, the United States should--
(1) provide a legal status to protect stateless persons;
and
(2) urge the international community to take strong action
to prevent statelessness globally.
SEC. 3. 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
state, 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) Noncitizen.--The term `noncitizen' has the meaning
given the term `alien' in section 101(a).
``(3) 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 state with respect to whether an
individual is a national of that state, 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 of a state differs from the law
of the state as written, if the position of the
competent authority of the state that an individual is
not a national of the state is determinative.
``(4) Relevant association.--The term `relevant
association' means an individual's connection to a state
through--
``(A) birth on the territory of the state;
``(B) direct descent from 1 or more individuals who
are nationals of the state;
``(C) marriage to an individual who is a national
of the state;
``(D) adoption by an individual who is a national
of the state; or
``(E) habitual residence in the state.
``(5) 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.
``(6) Frivolous application.--The term `frivolous
application' means an application that--
``(A) contains a fabricated material element;
``(B) is premised upon false or fabricated
evidence, unless the application would have been
granted without the false or fabricated evidence;
``(C) is filed without regard to the merits of the
claim; or
``(D) is clearly foreclosed by applicable 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 performed a potentially
expatriating act under section 349 after the
date of the enactment of this section, unless
the noncitizen had acquired or had a reasonable
expectation that the noncitizen would acquire a
foreign nationality or citizenship;
``(iv) except as provided in paragraph (2)
of this subsection--
``(I) is not inadmissible under
section subparagraph (C), (E), (G), or
(H) of section 212(a)(2) or section
212(a)(3) (other than subparagraph
(D)); and
``(II) is not removable under
section 237(a)(4);
``(v) is not described in section
241(b)(3)(B)(i);
``(vi) is not otherwise ineligible for
stateless protected status under this section;
and
``(vii) is not a stateless person because
the noncitizen has voluntarily relinquished
United States nationality under section 349.
``(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 present in the United States;
``(ii) 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;
``(iii) applies for stateless protected
status under this section;
``(iv) is accompanying, or following to
join, such noncitizen;
``(v) established the qualifying
relationship to such noncitizen before the date
on which such noncitizen applied for stateless
protected status;
``(vi) except as provided in paragraph (2)
of this subsection--
``(I) is not inadmissible under
section subparagraph (C), (E), (G), or
(H) of section 212(a)(2) or section
212(a)(3) (other than subparagraph
(D)); and
``(II) is not removable under
section 237(a)(4); and
``(vii) is not described in section
241(b)(3)(B)(i).
``(C) Stateless protected status.--Noncitizens with
stateless protected status shall--
``(i) receive relevant protections against
deportation, removal, and detention, as
described in paragraph (3);
``(ii) be authorized for employment
incident to status; and
``(iii) be issued a travel document, as
described in paragraph (5).
``(D) Concurrent grant of lawful permanent
residence.--
``(i) In general.--Notwithstanding any
other provision of law, immediately on granting
stateless protected status to a noncitizen, the
Secretary of Homeland Security may adjust the
status of the noncitizen to that of a
noncitizen lawfully admitted for permanent
residence, provided that the noncitizen is
admissible (except as otherwise provided in
clause (ii)) as an immigrant under this
chapter.
``(ii) Admissibility.--
``(I) In general.--The grounds of
inadmissibility under paragraphs (4),
(5), (7)(A), and (9)(B) of section
212(a) shall not be applicable to any
noncitizen seeking adjustment of status
under this section.
``(II) Waiver available.--A
noncitizen seeking adjustment of status
under this section may request a waiver
of inadmissibility under paragraph (2).
``(iii) Exception.--The Secretary of
Homeland Security may not adjust the status of
a noncitizen with stateless protected status
who is described in section 241(b)(3)(B)(i).
``(iv) Treatment of spouse and children.--
The Secretary of Homeland Security may adjust
the status of a spouse or child granted
stateless protected status under subparagraph
(B) to that of a noncitizen lawfully admitted
for permanent residence even if the principal
applicant concerned is ineligible for
adjustment of status.
``(2) Waivers.--
``(A) In general.--Notwithstanding any other
provision of law, with respect to a noncitizen applying
for stateless protected status or adjustment of status
under this section, the Secretary of Homeland Security
may waive any applicable provision of section 212(a)
(other than subparagraph (A), (B), (C), (E) or (F) of
paragraph (3) of that section) and section
237(a)(4)(F)--
``(i) for humanitarian purposes;
``(ii) to ensure family unity; or
``(iii) if such a waiver is otherwise in
the public interest.
``(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 the denial of the
noncitizen's application, would result in
hardship to the noncitizen or the noncitizen's
parent, spouse, child, or adult son or
daughter.
``(3) Release from post-order detention.--A grant of
stateless protected status to a principal applicant under
subsection (b)(1)(A) shall--
``(A) in the case of such an applicant who is
detained pursuant to an order of removal, trigger
immediate release from the custody of the Secretary of
Homeland Security;
``(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 while application pending.--
``(A) 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.
``(B) 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 stateless
protected status.
``(5) Travel documents.--
``(A) In general.--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--
``(i) in the case of such a noncitizen who
is 16 years of age or older, 10 years; and
``(ii) in the case of such a noncitizen who
is under 16 years of age, 5 years.
``(6) Frivolous applications.--
``(A) In general.--At the time of filing an
application for stateless protected status or
adjustment of status under this section, the Secretary
of Homeland Security shall advise the noncitizen of the
privilege of being represented by counsel and of the
consequences, under subparagraph (D), of knowingly
filing a frivolous application under this section.
``(B) Effect of withdrawal of application.--
``(i) In general.--A noncitizen may request
that the noncitizen's application for status
under this section be withdrawn, prior to the
adjudication of the application.
``(ii) Effect of consent to withdrawal.--If
the Secretary of Homeland Security consents to
the withdrawal of the noncitizen's application,
the application shall be considered denied
without prejudice to any future application.
``(iii) Effect of decline to consent to
withdrawal.--If the Secretary of Homeland
Security declines to consent to the withdrawal
of the noncitizen's application, the
application shall be adjudicated on its merits.
``(iv) Prohibition on negative inference.--
In determining whether an application under
this section is frivolous, the Secretary of
Homeland Security may not draw a negative
inference from a noncitizen's request to
withdraw the application.
``(C) Denial.--The denial of an application for
stateless protected status or adjustment of status
under this section shall not be construed to establish
that the application was frivolous.
``(D) Consequence of filing a frivolous
application.--If the Secretary of Homeland Security
determines that a noncitizen has knowingly made a
frivolous application for status under this section and
the noncitizen has received notice under subparagraph
(A), the noncitizen shall be permanently ineligible for
stateless protected status or adjustment of status
under this section, effective as of the date on which a
final determination on such application is made.
``(c) Evidentiary Matters.--
``(1) In general.--In determining if an individual is a
stateless person under this section, the Secretary of Homeland
Security may consider and obtain any credible evidence relevant
to the application, including information from--
``(A) the Department of State, including the Bureau
of Population, Refugees, and Migration and the Bureau
of Democracy, Human Rights, and Labor; and
``(B) relevant international and foreign bodies,
the United Nations High Commissioner for Refugees, the
Law Library of Congress, nongovernmental organizations,
and the competent authorities of other countries.
``(2) Designation of specific groups of stateless
persons.--
``(A) In general.--The Secretary of Homeland
Security, in consultation with the Secretary of State,
may designate 1 or more groups the members of which
shall be presumed to be stateless persons for purposes
of this section.
``(B) Presumption.--
``(i) In general.--A noncitizen shall be
presumed to be a stateless person if the
noncitizen--
``(I) belongs to a group designated
under subparagraph (A); and
``(II) applies for stateless
protected status under this section.
``(ii) Rebuttal.--The presumption under
clause (i) may be rebutted if the Secretary of
Homeland Security finds, by clear and
convincing evidence, that the individual
concerned is considered as a national of any
state under the operation of its law.
``(C) Revocation.--The Secretary of Homeland
Security may revoke the designation of a group under
subparagraph (A) as of any date on which the Secretary
determines that members of the group are no longer
stateless persons.
``(3) Standard of proof.--
``(A) In general.--An applicant shall have the
burden of establishing, by the preponderance of the
evidence, that the applicant is eligible for a grant of
stateless protected status, adjustment of status, or a
waiver of inadmissibility under this section.
``(B) Assessment of nationality.--The nationality
of an individual shall be assessed as of the date of
adjudication of an application under this section,
without regard to future possible acquisitions of
nationality.
``(4) 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
state in which the applicant was born or
resided before entering the United States or
with 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.--
``(i) In general.--If the Secretary of
Homeland Security determines that an applicant
is not a stateless person, the Secretary shall
submit to the applicant and, if relevant, to
the applicant's counsel, any information or
evidence available to the Secretary (other than
information or evidence initially provided by
the applicant) regarding the legal status of
the applicant in the applicant's country of
birth or prior residence or any country with
which the applicant has a relevant association,
including information on the relevant laws and
practices of the countries concerned.
``(ii) Inapplicability to certain
information.--Clause (i) shall not apply to
information that is classified or otherwise
protected from disclosure by law.
``(C) Consideration of response.--The Secretary of
Homeland Security may consider as substantial evidence
that an individual is not considered by a state to be
national of the state the following:
``(i) In a case in which the Secretary of
Homeland Security requests, from a state with
which a noncitizen has a relevant association,
information with respect to the noncitizen's
nationality status, a lack of response from the
competent authority of such state during the
120-day period beginning on the date of such
request.
``(ii) A pro forma response from the state
that lacks an application of the law or facts
to the particular individual.
``(iii) For non-recalcitrant states, the
refusal of the state to accept the noncitizen
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, stateless protected 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.--An initial denial 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 a nonfrivolous application for relief
under this section, the Attorney General shall administratively close
the removal proceedings pending the adjudication of the application.
``(g) Applicants With Final Orders of Removal.--
``(1) Stay of removal.--
``(A) In general.--An applicant for stateless
protected status or adjustment of status 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 nonfrivolous, 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 such an application is
denied, the stay of such a final order shall be deemed
lifted as of the date on which such denial becomes
final upon--
``(i) dismissal of an appeal;
``(ii) waiver of appeal by the noncitizen;
or
``(iii) expiration of the time allotted for
an appeal if the noncitizen does not file an
appeal within that time.
``(2) Termination.--On the approval of an application for
stateless protected status or adjustment of status under this
section to a noncitizen in removal proceedings or with an order
of removal, deportation, or exclusion, the proceedings or order
of removal, deportation, or exclusion 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, 202, or 203.
``(i) Rule of Construction.--Except as provided in subparagraph
(b)(1)(B), nothing in this section may be construed to authorize or
require the admission or parole of any noncitizen into the United
States.
``(j) Reports.--
``(1) In general.--Not later than 240 days after the date
of the enactment of this section, and every 90 days thereafter,
the Secretary of Homeland Security shall provide to the
Committee on the Judiciary and the Committee on Foreign
Relations of the Senate and the Committee on the Judiciary and
the Committee on Foreign Affairs of the House of
Representatives a briefing on--
``(A) the number and outcome of applications
submitted under each of paragraphs (1), (4), and (5) of
subsection (b) since such date of enactment,
disaggregated by--
``(i) the country of birth of the
applicants; and
``(ii) the fiscal year in which the
applications were received; and
``(B) with respect to applications adjudicated
during the 180-day period immediately preceding the
date of the briefing, the median processing time, by
application type.
``(2) Public availability.--The Secretary of Homeland
Security shall publish on the internet website of the
Department of Homeland Security the information described in
each report submitted under paragraph (1).
``(k) Publication of Guidance.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Homeland Security
shall issue on the internet website of the Department of Homeland
Security public guidance and application instructions relating to the
requirements of this section.
``(l) Regulations.--Notwithstanding chapter 5 of title 5, United
States Code (commonly known as the `Administrative Procedures Act'),
the Secretary of Homeland Security may issue such regulations as the
Secretary considers appropriate to carry out this section.
``(m) Exemption From Paperwork Reduction Act.--During the 1-year
period beginning on the date that is 120 days after the date of the
enactment of this section, the requirements under chapter 35 of title
44, United States Code, shall not apply to any collection of
information required under this section or any rule promulgated by the
Secretary of Homeland Security to implement 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) Naturalization.--Section 316 of the Immigration and
Nationality Act (8 U.S.C. 1427) is amended by adding at the end
the following:
``(g) The requirements of subsection (a) shall apply to an
individual who adjusts status to that of a lawful permanent resident
under section 245B of this Act, except that such an individual shall be
eligible for naturalization if--
``(1) during the 3-year period immediately preceding the
date on which the individual files his or her application for
naturalization, the individual has resided continuously within
the United States after having been lawfully admitted for
permanent residence;
``(2) during such 3-year period, the individual has been
physically present in the United States for 1 or more periods
totaling not less than 18 months; and
``(3) the individual who has resided within the State or
within the district of U.S. Citizenship and Immigration
Services in which the individual filed the application for not
less than 90 days.''.
(3) Qualified noncitizen.--Section 431(b) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(b)) is amended--
(A) in paragraph (7), by striking ``, or'' and
inserting a comma;
(B) in paragraph (8), by striking the period at the
end and inserting ``, or''; and
(C) by adding at the end the following:
``(9) a noncitizen in stateless protected status under
section 245B of the Immigration and Nationality Act.''.
SEC. 4. PROGRAMS TO PREVENT STATELESSNESS.
Subject to the availability of appropriations, the Secretary of
Homeland Security and the Secretary of State shall jointly engage in
and support activities and efforts aimed at preventing and reducing
statelessness, which may include--
(1) conducting an assessment of United States citizenship
law to determine and propose amendments to any provision of law
that results in statelessness or a delayed acquisition of
nationality that increases the risk of statelessness;
(2) conducting studies on the profiles and number of
stateless people living in the United States;
(3) implementing programs--
(A) to promote inclusive and nondiscriminatory
nationality laws and practices in other countries, with
particular attention to the prevention of human rights
violations and atrocity crimes; and
(B) to encourage other countries to establish
stateless status determination and protection
legislation; and
(4) awarding grants to universities, international
organizations, and nongovernmental organizations to accelerate
research, education, curricula, and knowledge on nationality
law and practice and statelessness.
SEC. 5. UPDATING CITIZENSHIP RELINQUISHMENT PROVISIONS.
(a) Loss of Nationality by Native-Born or Naturalized Citizens.--
(1) In general.--Section 349(a) of the Immigration and
Nationality Act (8 U.S.C. 1481(a)) is amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as paragraph
(6).
(2) Conforming amendment.--Section 351(a) of the
Immigration and Nationality Act (8 U.S.C. 1483(a)), is amended
by striking ``paragraphs (6) and (7)'' and inserting
``paragraph (6)''.
(b) Effective Date; Applicability.--The amendments made by this
section--
(1) shall be effective on the date of the enactment of this
Act; and
(2) shall apply to any pending renunciation request under
section 349(a) of the Immigration and Nationality Act (8 U.S.C.
1481(a)) with respect to which a final decision has not been
made.
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