Summary: H.R.5851 — 114th Congress (2015-2016)All Information (Except Text)

There is one summary for H.R.5851. Bill summaries are authored by CRS.

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Introduced in House (07/14/2016)

Refugee Protection Act of 2016

This bill amends the Immigration and Nationality Act to eliminate the one-year time limit for filing an asylum claim.

The bill revises the definition of "refugee" and the criteria for granting asylum.

The bill makes certain currently required detention provisions regarding arriving aliens who request asylum discretionary.

The Department of Homeland Security (DHS) shall: (1) establish a secure alternatives to detention program, and (2) establish specified conditions of detention.

The United States Commission on International Religious Freedom may conduct a study to determine whether certain immigration officers are properly handling asylum and removal/detention authority.

The bill: (1) authorizes waiver of the continuous one-year presence requirement for permanent resident status adjustment for a qualifying refugee/asylee who worked for the U.S. government overseas; (2) exempts aliens under the age of 18 from certain restrictions on applying for asylum; and (3) sets forth protections for minors, refugees, aliens interdicted at sea, and stateless persons.

The President is authorized to designate refugee groups.

The bill authorizes refugee applicants to simultaneously pursue other forms of admission.

The spouse or child of a refugee or asylee may bring his or her accompanying or following child into the United States as a refugee or asylee.

If the President does not issue a refugee allocation determination before the beginning of a fiscal year, the number of refugees that may be admitted in each quarter shall be 25% of the number of refugees admissible during the previous fiscal year.

The bill amends the National Defense Authorization Act for Fiscal Year 2006, with respect to naturalization of an Afghan or Iraqi translator who is a lawful permanent resident, to count a period of absence from the United States working as a translator for the United States or a U.S. contractor in Afghanistan or Iraq towards the accumulation of the required physical presence in the United States.

The bill revises: (1) the definition of "terrorist activity" for purposes of alien inadmissibility, including for aliens who were under 18 years of age when they committed certain actions under duress; and (2) the refugee grant and contract assistance allocation formula.

The Government Accountability Office shall conduct a study of the Office of Refugee Resettlement's domestic refugee resettlement programs.

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is amended to extend the eligibility for supplemental security income assistance to certain aliens (including asylees and refugees) and trafficking victims.

DHS shall grant employment authorization to qualifying T visa aliens (victims of trafficking in persons) and U visa aliens (children who have been granted special immigrant status as victims of criminal activity).

The number of U visas is increased.