1.Short
title; table of contents
(a)This Act may be cited
as the Refugee Crisis in Iraq
Act
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Findings.
Sec. 3. Processing facilities.
Sec. 4. United States refugee program priorities.
Sec. 5. Special immigrant status for certain
Iraqis.
Sec. 6. Minister counselors for Iraqi refugees and internally
displaced persons.
Sec. 7. Countries with significant populations of displaced
Iraqis.
Sec. 8. Denial or termination of asylum.
Sec. 9. Reports.
Sec. 10. Authorization of appropriations.
2.Congress makes the following
findings:
(1)The United
Nations estimates that there are 2,000,000 Iraqis internally displaced and more
than 2,000,000 Iraqi refugees in neighboring countries, primarily Jordan and
Syria.
(2)The humanitarian
needs of the Iraqi refugees and internally displaced persons are significant.
If their needs are not quickly and adequately met, these populations could
become a fertile recruiting ground for terrorists.
(3)Iraqi refugees
are a significant financial burden on countries in the region. The Iraq Study
Group concluded that if the refugee crisis is not addressed, Iraq and
the region could be further destabilized
.
(4)Many Iraqis who
have worked in critical positions in direct support of the United States
Government in Iraq have been killed or injured in reprisals for their support
of the American effort. Many more Iraqis associated with the United States have
fled Iraq in fear of being killed or injured.
(5)Although the
United States cannot resettle all of Iraq’s refugees in the United States, the
United States has a fundamental obligation to help the vast number of Iraqis
displaced in Iraq and throughout the region by the war and the associated
chaos, especially those who have supported America's efforts in Iraq.
(6)In April 2007,
Assistant Secretary of State Ellen Sauerbrey said the United States
could resettle up to 25,000 Iraqi refugees
this year. In May
2007, Under Secretary of State Paula Dobriansky said, “We are committed to
honoring our moral debt to those Iraqis who have provided assistance to the
United States military and embassy.” On June 8, 2007, Secretary Rice remarked,
The people that I'm most worried about in the near term are the people
who've worked for and with us who might be subject to recrimination and
reprisal.
.
(7)It is essential
for the United States to develop a comprehensive and effective approach to
support host governments and to meet the needs of Iraq’s refugees and
internally displaced persons, especially those who are associated with the
United States.
3.
(a)The Secretary of State shall establish processing
facilities in Iraq and in countries in the region in which—
(1)aliens described
in section 4 may apply and interview for admission to the United States as
refugees; and
(2)aliens described
in section 5(b) may apply and interview for admission to the United States as
special immigrants.
(b)
(1)Not later than 60 days after the date of the enactment of
this Act, the Secretary of State, in consultation with the Secretary of
Homeland Security, shall submit a report that contains the plans and assessment
described in paragraph (2) to—
(A)the Committee on
the Judiciary of the Senate;
(B)the Committee on
Foreign Relations of the Senate;
(C)the Committee on
the Judiciary of the House of Representatives; and
(D)the Committee on
Foreign Affairs of the House of Representatives.
(2)The
report submitted under paragraph (1) shall—
(A)describe the
Secretary’s plans to establish the processing facilities described in
subsection (a); and
(B)contain an
assessment of in-country processing that makes use of videoconferencing.
4.United States
refugee program priorities
(a)Priority 2 refugees
of special humanitarian concern under the refugee resettlement priority system
shall include—
(1)Iraqis who were employed by, or worked for
or directly with the United States Government, in Iraq;
(2)Iraqis who were
employed in Iraq by—
(A)a media or
nongovernmental organization based in the United States; or
(B)an organization
or entity that has received a grant from, or entered into a cooperative
agreement or contract with, the United States Government;
(3)spouses,
children, sons, daughters, siblings, and parents of aliens described in
paragraph (1) or section 5(b); and
(4)Iraqis who are
members of a religious or minority community and have close family members (as
described in sections 201(b)(2)(A)(i) or 203(a) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i) and 1153(a))) in the United
States.
(b)Identification
of other persecuted groupsThe Secretary of State is authorized
to identify other Priority 2 groups in Iraq.
5.Special
immigrant status for certain Iraqis
(a)Subject to subsection (c)(1) and notwithstanding any
other provision of law, for purposes of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), the Secretary of Homeland Security may provide an alien
described in subsection (b) with the status of a special immigrant under
section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien—
(1)or an agent
acting on behalf of the alien, submits to the Secretary a petition under
section 204 of such Act (8 U.S.C. 1154) for classification under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
(2)is otherwise
eligible to receive an immigrant visa; and
(3)is otherwise
admissible to the United States for permanent residence (excluding the grounds
for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C.
1182(a)(4)).
(b)
(1)An alien is described in this subsection if the
alien—
(A)is a national of
Iraq;
(B)was employed by,
or worked for or directly with the United States Government in Iraq, in or
after 2003, for an aggregate period of not less than 1 year; and
(C)provided faithful
service to the United States Government, which is documented in a positive
recommendation or evaluation.
(2)An alien is described in this subsection if the alien
is—
(A)the spouse or
child of a principal alien described in paragraph (1); and
(B)is following or
accompanying to join the principal alien in the United States.
(c)Numerical
limitations and benefits
(1)The total number of principal aliens who may be provided
special immigrant status under this section may not exceed 5,000 per year for
each of the 5 fiscal years beginning after the date of the enactment of this
Act.
(2)Exclusion from
numerical limitationsAliens provided special immigrant status
under this section shall not be counted against any numerical limitation under
sections 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act (8
U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(3)Aliens
provided special immigrant status under this section shall be eligible for the
same resettlement assistance, entitlement programs, and other benefits as
refugees admitted under section 207 of the Immigration and Naturalization Act
(8 U.S.C. 1157).
(4)If the numerical limitation under paragraph (1) is not
reached during a given fiscal year, the numerical limitation under paragraph
(1) for the following fiscal year shall be increased by a number equal to the
difference between—
(A)the number of
visas authorized under paragraph (1) for the given fiscal year; and
(B)the number of
principal aliens provided special immigrant status under this section during
the given fiscal year.
(d)Visa and
passport issuance and feesNeither the Secretary of State nor the
Secretary of Homeland Security may charge an alien described in subsection (b)
any fee in connection with an application for, or issuance of, a special
immigrant visa. The Secretary of State shall ensure that aliens described in
this section who are issued special immigrant visas are provided with the
appropriate series Iraqi passport necessary to enter the United States.
(e)The Secretary of
State, in consultation with other relevant Federal agencies, shall provide an
alien described in this section who is applying for a special immigrant visa
with protection or the immediate removal from Iraq of such alien if the
Secretary determines that such alien is in imminent danger.
(f)An
alien is not eligible to participate in the program authorized under this
section if the alien is otherwise inadmissible to the United States under
section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)).
(g)The
terms defined in subsections (a) and (b) of section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101) have the same meanings when used in this
section.
(h)Not
later than 90 days after the date of the enactment of this Act, the Secretary
of Homeland Security shall promulgate regulations to carry out the provisions
of this section, including requirements for background checks.
(i)Nothing in this section may be construed to affect the
authority of the Secretary of Homeland Security under section 1059 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109–163).
6.Minister
counselors for Iraqi refugees and internally displaced persons
(a)The Secretary of State shall establish in the embassy of
the United States located in Baghdad, Iraq, a Minister Counselor for Iraqi
Refugees and Internally Displaced Persons (referred to in this section as the
Minister Counselor for Iraq
).
(b)The
Minister Counselor for Iraq shall be responsible for the oversight of
processing for resettlement of persons considered Priority 2 refugees of
special humanitarian concern, special immigrant visa programs in Iraq, and the
development and implementation of other appropriate policies and programs
concerning Iraqi refugees and internally displaced persons. The Minister
Counselor for Iraq shall have the authority to refer persons to the United
States refugee resettlement program.
(c)Designation of
Minister CounselorsThe Secretary of State shall designate in the
embassies of the United States located in Cairo, Egypt; Amman, Jordan;
Damascus, Syria; and Beirut, Lebanon a Minister Counselor to oversee
resettlement to the United States of persons considered Priority 2 refugees of
special humanitarian concern in those countries to ensure their applications to
the United States refugee resettlement program are processed in an orderly
manner and without delay.
7.Countries with
significant populations of displaced Iraqis
(a)With respect to each
country with a significant population of displaced Iraqis, including Iraq,
Jordan, Egypt, Syria, Turkey, and Lebanon, the Secretary of State shall—
(1)as appropriate,
consult with other countries regarding resettlement of the most vulnerable
members of such refugee populations; and
(2)develop
mechanisms in and provide assistance to countries with a significant population
of displaced Iraqis to ensure the well-being and safety of such populations in
their host environments.
(b)In determining the number of Iraqi refugees who
should be resettled in the United States under sections (a) and (b) of section
207 of the Immigration and Nationality Act (8 U.S.C. 1157), the President shall
consult nongovernmental organizations that have a presence in Iraq or
experience in assessing the problems faced by Iraqi refugees.
(c)Eligibility for
admission as refugeeSection 207(c)(1) of the Immigration and
Nationality Act (8 U.S.C. 1157(c)(1)) is amended by adding at the end the
following: No alien shall be denied the opportunity to apply for
admission under this section solely because such alien qualifies as an
immediate relative or is eligible for classification as a special
immigrant.
.
8.Denial or
termination of asylumSection
208(b) of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by
adding at the end the following:
(4)Changed country
conditionsAn applicant for asylum or withholding of removal,
whose claim was denied by an immigration judge solely on the basis of changed
country conditions on or after March 1, 2003, may file a motion to reopen to
reconsider his or her claim not later than 6 months after the date of the
enactment of the Refugee Crisis in Iraq
Act if the applicant—
(A)is a national of
Iraq; and
(B)remained in the
United States on such date of
enactment.
.
9.
(a)Secretary of
Homeland Security
(1)Not later than 90
days after the date of the enactment of this Act, the Secretary of Homeland
Security shall submit a report containing plans to expedite the processing of
Iraqi refugees for resettlement to—
(A)the Committee on the Judiciary of the
Senate;
(B)the Committee on Foreign Relations of the
Senate;
(C)the Committee on the Judiciary of the House
of Representatives; and
(D)the Committee on
Foreign Affairs of the House of Representatives.
(2)The report submitted under paragraph (1)
shall—
(A)detail the plans of the Secretary for
expediting the processing of Iraqi refugees for resettlement including through
temporary expansion of the Refugee Corps of United States Citizenship and
Immigration Services; and
(B)describe the plans of the Secretary for
enhancing existing systems for conducting background and security checks of
persons applying for Special Immigrant Visas and of persons considered Priority
2 refugees of special humanitarian concern under this Act, which enhancements
shall support immigration security and provide for the orderly processing of
such applications without delay.
(b)Not
later than 90 days after the date of the enactment of this Act, and annually
thereafter, the President shall submit to Congress an unclassified report, with
a classified annex if necessary, which includes—
(1)an assessment of
the financial, security, and personnel considerations and resources necessary
to carry out the provisions of this Act;
(2)the number of
aliens described in section 4(1);
(3)the number of
such aliens who have applied for special immigrant visas;
(4)the date of such
applications; and
(5)in the case of
applications pending for more than 6 months, the reasons that visas have not
been expeditiously processed.
10.Authorization
of appropriationsThere are
authorized to be appropriated such sums as may be necessary to carry out this
Act.