[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3113 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3113

  To amend the Immigration and Nationality Act to reaffirm the United 
  States' historic commitment to protecting refugees who are fleeing 
                        persecution or torture.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2010

 Mr. Leahy (for himself and Mr. Levin) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to reaffirm the United 
  States' historic commitment to protecting refugees who are fleeing 
                        persecution or torture.

    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 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Elimination of arbitrary time limits on asylum applications.
Sec. 4. Protecting victims of terrorism from being defined as 
                            terrorists.
Sec. 5. Protecting certain vulnerable groups of asylum seekers.
Sec. 6. Effective adjudication of proceedings.
Sec. 7. Scope and standard for review.
Sec. 8. Efficient asylum determination process and detention of asylum 
                            seekers.
Sec. 9. Secure alternatives program.
Sec. 10. Conditions of detention.
Sec. 11. Timely notice of immigration charges.
Sec. 12. Procedures for ensuring accuracy and verifiability of sworn 
                            statements taken pursuant to expedited 
                            removal authority.
Sec. 13. Study on the effect of expedited removal provisions, 
                            practices, and procedures on asylum claims.
Sec. 14. Lawful permanent resident status of refugees and asylum 
                            seekers granted asylum.
Sec. 15. Protections for minors seeking asylum.
Sec. 16. Multiple forms of relief.
Sec. 17. Protection of refugee families.
Sec. 18. Reform of refugee consultation process and refugee processing.
Sec. 19. Admission of refugees in the absence of the annual 
                            presidential determination.
Sec. 20. Authority to designate certain groups of refugees for 
                            consideration.
Sec. 21. Update of reception and placement grants.
Sec. 22. Legal assistance for refugees and asylees.
Sec. 23. Protection for aliens interdicted at sea.
Sec. 24. Protection of stateless persons in the United States.
Sec. 25. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Asylum seeker.--The term ``asylum seeker''--
                    (A) 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 an intention 
                        to apply for asylum under that section; and
                            (iii) any alien who indicates an intention 
                        to apply for withholding of removal, pursuant 
                        to--
                                    (I) section 241 of the Immigration 
                                and Nationality Act (8 U.S.C. 1231); or
                                    (II) the Convention Against Torture 
                                and Other Cruel, Inhuman or Degrading 
                                Treatment or Punishment, done at New 
                                York December 10, 1984;
                    (B) includes any individual described in 
                subparagraph (A) whose application for asylum or 
                withholding of removal is pending judicial review; and
                    (C) 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) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. ELIMINATION OF ARBITRARY 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) by striking subparagraph (B);
            (2) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (B) and (C), respectively;
            (3) in subparagraph (B), as redesignated, by striking 
        ``(D)'' and inserting ``(C)''; and
            (4) by striking subparagraph (C), as redesignated, and 
        inserting 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, the existence of 
                changed circumstances that materially affect the 
                applicant's eligibility for asylum.''.

SEC. 4. PROTECTING VICTIMS OF TERRORISM FROM BEING DEFINED AS 
              TERRORISTS.

    Section 212(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)) is amended--
            (1) in clause (i)--
                    (A) by amending subclause (IX) to read as follows:
                                    ``(IX) is an officer, official, 
                                representative, or spokesman of the 
                                Palestine Liberation Organization,''; 
                                and
                    (B) by striking the matter following subclause (IX) 
                and inserting the following:
                        ````is inadmissible.'';
            (2) in clause (iii), by inserting ``which is intended to 
        intimidate or coerce a civilian population or to influence the 
        policy of a government by intimidation or coercion and'' after 
        ``means any activity'';
            (3) in clause (iv)(VI), by inserting ``(other than as the 
        result of coercion)'' after ``to commit an act'';
            (4) in clause (vi)--
                    (A) in subclause (I), by adding ``or'' at the end;
                    (B) in subclause (II), by striking ``; or'' and 
                inserting a period; and
                    (C) by striking subclause (III); and
            (5) by adding at the end the following:
                            ``(vii) As used in this paragraph, the 
                        term, `coercion' means--
                                    ``(I) serious harm, including 
                                restraint against any person; or
                                    ``(II) any scheme, plan, or pattern 
                                intended to cause a person to believe 
                                that failure to perform an act would 
                                result in serious harm to, or restraint 
                                against, any person.''.

SEC. 5. PROTECTING CERTAIN VULNERABLE GROUPS OF ASYLUM SEEKERS.

    (a) Defined Term.--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 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, other 
        than as a result of coercion (as defined in section 
        212(a)(3)(B)(vii)), in the persecution of any person on account 
        of race, religion, nationality, membership in a particular 
        social group, or political opinion.
            ``(C) 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; 
                and
                    ``(ii) a person who has a well-founded fear that he 
                or she will be forced to undergo such a procedure or 
                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.
            ``(D) For purposes of determinations under this Act, any 
        group whose members share a characteristic that is either 
        immutable or fundamental to identity, conscience, or the 
        exercise of the person's human rights such that the person 
        should not be required to change it, shall be deemed a 
        particular social group, without any additional requirement.''.
    (b) Conditions for Granting Asylum.--Section 208(b)(1)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)) is amended--
            (1) in clause (i), by striking ``at least one central 
        reason for persecuting the applicant'' and inserting ``a factor 
        in the applicant's persecution or fear of persecution'';
            (2) 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 unless the applicant does not have the evidence 
        and cannot reasonably obtain the evidence.'';
            (3) by redesignating clause (iii) as clause (iv);
            (4) by inserting after clause (ii) the following:
                            ``(iii) Supporting evidence accepted.--
                        Direct or circumstantial evidence, including 
                        evidence that the State is unable to protect 
                        the applicant or that State legal or social 
                        norms tolerate such persecution against persons 
                        like the applicant, may establish that 
                        persecution is on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion.''; and
            (5) in clause (iv), as redesignated, 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 to provide 
        support or evidence to clarify such inconsistencies or 
        omissions.''.
    (c) 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 unless the applicant does not have the evidence 
        and cannot reasonably obtain the evidence.''; and
            (2) in subparagraph (C), 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 to provide support or evidence to 
        clarify such inconsistencies or omissions.''.

SEC. 6. EFFECTIVE ADJUDICATION OF PROCEEDINGS.

    Section 240(b)(4) of the Immigration and Nationality Act (8 U.S.C. 
1229a(b)(4)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``In proceedings under this section, under regulations of the 
        Attorney General'' and inserting ``The Attorney General shall 
        promulgate regulations for proceedings under this section, 
        under which--''
            (2) in subparagraph (B), by striking ``, and'' at the end 
        and inserting a semicolon;
            (3) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (4) by inserting after subparagraph (B) the following:
                    ``(C) the Attorney General, or the designee of the 
                Attorney General, may appoint counsel to represent an 
                alien if the fair resolution or effective adjudication 
                of the proceedings would be served by appointment of 
                counsel; and''.

SEC. 7. SCOPE AND STANDARD FOR REVIEW.

    Section 242(b) of the Immigration and Nationality Act (8 U.S.C. 
1252(b)) is amended--
            (1) in paragraph (1), by adding at the end the following: 
        ``The 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.''; and
            (2) by striking paragraph (4) and inserting the following:
            ``(4) Scope and standard for review.--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. 
        The court of appeals shall decide the petition only on the 
        administrative record on which the order of removal is 
        based.''.

SEC. 8. EFFICIENT ASYLUM DETERMINATION PROCESS AND DETENTION OF ASYLUM 
              SEEKERS.

    (a) In General.--Section 235(b)(1)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(1)(B)) is amended--
            (1) in clause (ii), by striking ``shall be detained for 
        further consideration of the application for asylum'' and 
        inserting ``may, in the Secretary's discretion, be detained for 
        further consideration of the application for asylum by an 
        asylum officer designated by the Director of United States 
        Citizenship and Immigration Services. The asylum officer, after 
        conducting a nonadversarial asylum interview, may grant asylum 
        to the alien under section 208 or refer the case to a designee 
        of the Attorney General, for a de novo asylum determination, 
        for relief under the Convention Against Torture and Other 
        Cruel, Inhuman or Degrading Treatment or Punishment, done at 
        New York December 10, 1984, or for withholding of removal under 
        section 241(b)(3).'';
            (2) in clause (iii)(IV)--
                    (A) by amending the subclause heading to read as 
                follows:
                                    ``(IV) Detention.--''; and
                    (B) by striking ``shall'' and inserting ``may, in 
                the Secretary's discretion,''; and
            (3) by inserting after clause (v) the following:
                            ``(vi) Parole of certain aliens.--Any alien 
                        subject to detention under clause (iii)(IV) who 
                        has established identity and been determined to 
                        have a credible fear of persecution shall be 
                        released from the custody of the Department of 
                        Homeland Security not later than 7 days after 
                        such determination unless the Department 
                        demonstrates by substantial evidence that the 
                        alien--
                                    ``(I) poses a risk to public 
                                safety, which may include a risk to 
                                national security; or
                                    ``(II) is a flight risk, which 
                                cannot be mitigated through other 
                                conditions of release, such as bond or 
                                secure alternatives, that would 
                                reasonably ensure that the alien would 
                                appear for immigration proceedings.
                            ``(vii) Review of detention.--If an alien 
                        described in clause (vi) is denied release from 
                        detention, the Attorney General shall--
                                    ``(I) not later than 7 days after 
                                such denial, review the parole 
                                determination through a hearing before 
                                an immigration judge, who shall 
                                determine whether the alien should be 
                                paroled and any conditions of such 
                                release; and
                                    ``(II) notify the detained alien 
                                and the alien's legal representative of 
                                the reason for such denial, orally and 
                                in writing, in a language the alien 
                                claims to understand.
                            ``(viii) Waiver.--The alien may waive the 
                        7-day review requirement under clause (vii)(I) 
                        and request a review at a later time. Any alien 
                        whose parole request has been reviewed and 
                        denied under clause (vii)(I) may request 
                        another review and determination upon showing 
                        that there was a material change in 
                        circumstances since the last review.''.
    (b) Rulemaking.--The Secretary and the Attorney General shall 
promulgate regulations establishing a process for reviewing the 
eligibility of aliens for parole in accordance with clause (vi) and 
(vii) of section 235(b)(1)(B) of the Immigration and Nationality Act, 
as amended by subsection (a).

SEC. 9. SECURE ALTERNATIVES PROGRAM.

    (a) Establishment.--The Secretary shall establish the Secure 
Alternatives Program (referred to in this section as the ``Program'') 
under which an alien who has been detained may be released under 
enhanced supervision--
            (1) to prevent the alien from absconding;
            (2) to ensure that the alien makes appearances related to 
        such detention; and
            (3) to authorize and promote the utilization of 
        alternatives to detention of asylum seekers.
    (b) Program Requirements.--
            (1) Nationwide implementation.--The Secretary shall 
        facilitate the nationwide implementation of the Program.
            (2) Utilization of alternatives.--The Program shall utilize 
        a continuum of alternatives based on the alien's need for 
        supervision, which may include placement of the alien--
                    (A) with an individual or organizational sponsor; 
                or
                    (B) in a supervised group home.
            (3) Program elements.--The Program shall include--
                    (A) individualized case management by an assigned 
                case supervisor; and
                    (B) referral to community-based providers of legal 
                and social services.
            (4) Restrictive electronic monitoring.--
                    (A) In general.--Restrictive electronic monitoring 
                devices, such as ankle bracelets, may not be used 
                unless there is a demonstrated need for such enhanced 
                monitoring.
                    (B) Periodic review.--The Secretary shall 
                periodically review any decision to require the use of 
                devices described in subparagraph (A).
            (5) Aliens eligible for secure alternatives program.--
                    (A) In general.--Asylum seekers shall be eligible 
                to participate in the Program.
                    (B) Program design.--The Program shall be designed 
                to ensure sufficient supervision of the population 
                described in subparagraph (A).
            (6) Contracts.--The Secretary shall enter into contracts 
        with qualified nongovernmental entities to implement the 
        Program.
            (7) Other considerations.--In designing the Program, the 
        Secretary shall--
                    (A) consult with relevant experts; and
                    (B) consider programs that have proven successful 
                in the past, including the Appearance Assistance 
                Program developed by the Vera Institute of Justice.

SEC. 10. CONDITIONS OF DETENTION.

    (a) Rulemaking.--The Secretary shall promulgate regulations that--
            (1) authorize and promote the utilization of alternatives 
        to detention of asylum seekers;
            (2) establish the conditions for detention of asylum 
        seekers that ensure a safe and humane environment; and
            (3) include the rights and procedures set forth in 
        subsections (c) through (h).
    (b) Definitions.--In this section:
            (1) Detainee.--The term ``detainee'' means an individual 
        who is detained under the authority of United States 
        Immigration and Customs Enforcement.
            (2) Detention facility.--The term ``detention facility'' 
        means any Federal, State, local government facility, or 
        privately owned and operated facility, which is being used to 
        hold detainees longer than 72 hours.
            (3) Short-term detention facility.--The term ``short-term 
        detention facility'' means any Federal, State, local 
        government, or privately owned and operated facility that is 
        used to hold immigration detainees for not more than 72 hours.
            (4) Group legal orientation presentations.--The term 
        ``group legal orientation presentations'' means live group 
        presentations, supplemented by individual orientations, pro se 
        workshops, and pro bono referrals, that--
                    (A) are carried out by private nongovernmental 
                organizations;
                    (B) are presented to detainees;
                    (C) inform detainees about United States 
                immigration law and procedures; and
                    (D) enable detainees to determine their eligibility 
                for relief.
    (c) Access to Legal Services.--
            (1) Lists of legal service providers.--All detainees 
        arriving at a detention facility shall promptly receive--
                    (A) access to legal information, including an on-
                site law library with up-to-date legal materials and 
                law databases;
                    (B) free access to the necessary equipment and 
                materials for legal research and correspondence, such 
                as computers, printers, copiers, and typewriters;
                    (C) an accurate, updated list of free or low-cost 
                immigration legal service providers that--
                            (i) are near such detention facility; and
                            (ii) can assist those with limited English 
                        proficiency or disabilities;
                    (D) confidential meeting space to confer with legal 
                counsel; and
                    (E) services to send confidential legal documents 
                to legal counsel, government offices, and legal 
                organizations.
            (2) Group legal orientation presentations.--
                    (A) Establishment of a national legal orientation 
                support and training center.--The Attorney General, in 
                consultation with the Secretary, shall establish a 
                National Legal Orientation Support and Training Center 
                (referred to in this subsection as the ``Center'') to 
                ensure quality and consistent implementation of group 
                legal orientation programs nationwide.
                    (B) Duties.--The Center shall--
                            (i) offer training to nonprofit agencies 
                        that will offer group legal orientation 
                        programs;
                            (ii) consult with nonprofit agencies 
                        offering group legal orientation programs 
                        regarding program development and substantive 
                        legal issues; and
                            (iii) develop standards for group legal 
                        orientation programs.
                    (C) Procedures.--The Secretary shall establish 
                procedures for regularly scheduled, group legal 
                orientation presentations.
            (3) Grants authorized.--The Attorney General shall 
        establish a program to award grants to nongovernmental agencies 
        to develop, implement, or expand legal orientation programs for 
        all detainees at a detention facility that offers such 
        programs.
            (4) Notification requirement.--The Secretary shall 
        establish procedures to promptly notify detainees at a 
        detention facility, orally and in writing in a language that 
        the detainee claims to understand, of--
                    (A) their available release options; and
                    (B) the procedures for requesting such options.
    (d) Visits.--
            (1) Legal representation.--Detainees in detention 
        facilities have the right to meet privately with current or 
        prospective legal representatives, interpreters, and other 
        legal support staff for at least 8 hours per day on regular 
        business days and 4 hours per day on weekends and holidays, 
        subject to appropriate security procedures. Legal visits may 
        only be restricted for narrowly defined exceptional 
        circumstances, such as a natural disaster or comparable 
        emergency.
            (2) Pro bono organizations.--Detention facilities shall 
        prominently post, in detainee housing units and other 
        appropriate areas, official lists of pro bono legal 
        organizations and their contact information. The Secretary 
        shall update such lists semiannually.
            (3) Religious, cultural, and spiritual visitors.--Detainees 
        have the right to reasonable access to religious or other 
        qualified individuals to address religious, cultural, and 
        spiritual considerations.
            (4) Children.--Detainees have the right to regular, private 
        contact visits with their children (as defined in section 
        101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
        1101(b)(1)).
    (e) Quality of Medical Care.--
            (1) Right to medical care.--Each detainee has the right 
        to--
                    (A) prompt and adequate medical care, designed to 
                ensure continuity of care, at no cost to the detainee;
                    (B) care to address medical needs that existed 
                prior to detention; and
                    (C) primary care, emergency care, chronic care, 
                reproductive health care, prenatal care, dental care, 
                eye care, mental health care, and other medically 
                necessary specialized care.
            (2) Screenings and examinations.--Each detainee shall 
        receive--
                    (A) a comprehensive medical, dental, and mental 
                health intake screening, including screening for sexual 
                abuse or assault, conducted by a licensed health care 
                professional upon arrival at a detention facility or 
                short-term detention facility; and
                    (B) a comprehensive medical and mental health 
                examination by a licensed health care professional not 
                later than 14 days after the detainee's arrival at a 
                detention facility.
            (3) Medications and treatment.--
                    (A) Prescriptions.--Each detainee taking prescribed 
                medications prior to detention shall be allowed to 
                continue taking such medications, on schedule and 
                without interruption, until a licensed health care 
                professional examines the immigration detainee and 
                decides upon an alternative course of treatment. 
                Detainees who arrive at a detention facility without 
                prescription medications and report being on specific 
                prescription medications shall be evaluated by a 
                qualified health care professional not later than 24 
                hours after such arrival. All decisions to discontinue 
                or modify a detainee's reported prescription medication 
                regimen shall be conveyed to the detainee in a language 
                that the detainee understands and recorded in writing 
                in the detainee's medical records.
                    (B) Psychotropic medication.--Medication may not be 
                forcibly administered to a detainee to facilitate 
                transport, removal, or otherwise to control the 
                detainee's behavior. Involuntary psychotropic 
                medication may only be used, to the extent authorized 
                by applicable law, in emergency situations after a 
                physician has personally examined the detainee and 
                determined that--
                            (i) the detainee is imminently dangerous to 
                        self or others due to a mental illness; and
                            (ii) involuntary psychotropic medication is 
                        medically appropriate to treat the mental 
                        illness and necessary to prevent harm.
                    (C) Treatment.--Each detainee shall be provided 
                medically necessary treatment, including prenatal care, 
                prenatal vitamins, hormonal therapies, and birth 
                control. Female detainees shall be provided with 
                adequate access to sanitary products.
            (4) Medical care decisions.--Any decision regarding 
        requested medical care for a detainee--
                    (A) shall be made in writing by an on-site licensed 
                health care professional not later than 72 hours after 
                such medical care is requested; and
                    (B) shall be immediately communicated to the 
                detainee.
            (5) Administrative appeals process.--
                    (A) In general.--The operators of detention 
                facilities, in conjunction with the Department of 
                Homeland Security, shall ensure that detainees, medical 
                providers, and legal representatives are provided the 
                opportunity to appeal a denial of requested health care 
                services by an on-site provider to an independent 
                appeals board.
                    (B) Appeals board.--The appeals board shall include 
                health care professionals in the fields relevant to the 
                request for medical or mental health care.
                    (C) Decision.--Not later than 7 days after an 
                appeal is received by the appeals board under this 
                paragraph, or earlier if medically necessary, the 
                appeals board shall--
                            (i) issue a written decision regarding the 
                        appeal; and
                            (ii) notify the detention facility and the 
                        appellee, orally and in a writing in a language 
                        the appellee claims to understand, of such 
                        decision.
            (6) Review of on-site medical provider requests.--
                    (A) In general.--The Secretary shall respond within 
                72 hours to any request by an on-site medical provider 
                for authorization to provide medical or mental health 
                care to a detainee.
                    (B) Written explanation.--If the Secretary denies 
                or fails to grant a request described in subparagraph 
                (A), the Secretary shall immediately provide a written 
                explanation of the reasons for such decision to the on-
                site medical provider and the detainee.
                    (C) Appeals board.--The on-site medical provider 
                and the detainee (or the detainee's legal 
                representative) shall be permitted to appeal the denial 
                of, or failure to grant, a request described in 
                subparagraph (A) to an independent appeals board.
                    (D) Decision.--Not later than 7 days after an 
                appeal is received by the appeals board under this 
                paragraph, or earlier if medically necessary, the 
                appeals board shall--
                            (i) issue a written decision regarding the 
                        appeal;
                            (ii) notify the detainee of such decision, 
                        orally and in a writing in a language the 
                        detainee claims to understand; and
                            (iii) notify the on-site medical provider 
                        and the detention facility of such decision.
            (7) Conditional release.--
                    (A) In general.--If a licensed health care 
                professional determines that a detainee has a medical 
                or mental health care condition, is pregnant, or is a 
                nursing mother, the Secretary shall consider releasing 
                the detainee on parole, on bond, or into a secure 
                alternatives program.
                    (B) Reevaluation.--If a detainee described in 
                subparagraph (A) is not initially released under this 
                paragraph, the Secretary shall periodically reevaluate 
                the situation of the detainee to determine if such a 
                release would be appropriate.
                    (C) Discharge planning.--Upon removal or release, 
                all detainees with serious medical or mental health 
                conditions and women who are pregnant shall receive 
                discharge planning to ensure continuity of care for a 
                reasonable period of time.
            (8) Medical records.--
                    (A) In general.--The Secretary shall--
                            (i) maintain complete, confidential medical 
                        records for each detainee and make such records 
                        available to the detainee, or to individuals 
                        authorized by the detainee, not later than 72 
                        hours after receiving a request for such 
                        records.
                    (B) Transfer of medical records.--Immediately upon 
                a detainee's transfer between detention facilities, the 
                detainee's complete medical records, including any 
                transfer summary, shall be provided to the receiving 
                detention facility.
    (f) Transfer of Detainees.--
            (1) Notice.--Absent exigent circumstances, such as a 
        natural disaster or comparable emergency, the Secretary shall 
        provide written notice to any detainee, orally and in a writing 
        in a language the detainee claims to understand, not less than 
        72 hours before transferring such detainee to another detention 
        facility. Not later than 24 hours after such transfer, the 
        Secretary shall notify the detainee's legal representative, or 
        other person designated by the detainee of the transfer, by 
        telephone and in writing.
            (2) Procedures.--Absent exigent circumstances, such as a 
        natural disaster or comparable emergency, the Secretary may not 
        transfer a detainee to another detention facility if such 
        transfer would--
                    (A) impair an existing attorney-client 
                relationship;
                    (B) prejudice the rights of the detainee in any 
                legal proceeding, including any Federal, State, or 
                administrative proceeding; or
                    (C) negatively affect the detainee's health, 
                including by interrupting the continuity of medical 
                care or provision of prescription medication.
    (g) Access to Telephones.--
            (1) In general.--Not later than 6 hours after the 
        commencement of a detention of a detainee, the detainee shall 
        be provided reasonable access to a telephone, with at least 1 
        working telephone available for every 25 detainees.
            (2) Contacts.--Each detainee has the right to contact by 
        telephone, free of charge--
                    (A) legal representatives;
                    (B) nongovernmental organizations designated by the 
                Secretary;
                    (C) consular officials;
                    (D) the United Nations High Commissioner for 
                Refugees;
                    (E) Federal and State courts in which the detainee 
                is, or may become, involved in a legal proceeding; and
                    (F) all government immigration agencies and 
                adjudicatory bodies, including the Office of the 
                Inspector General of the Department of Homeland 
                Security and the Office for Civil Rights and Civil 
                Liberties of the Department of Homeland Security, 
                through confidential toll-free numbers.
            (3) Emergencies.--Each detainee subject to expedited 
        removal or who is experiencing a personal or family emergency, 
        including the need to arrange care for dependents, shall be 
        allowed to make confidential calls at no charge.
            (4) Privacy.--Each detainee has the right to hold private 
        telephone conversations for the purpose of obtaining legal 
        representation or related to legal matters.
            (5) Rates.--The Secretary shall ensure that rates charged 
        in detention facilities for telephone calls are reasonable and 
        do not significantly impair the detainee's right to make 
        telephone calls.
    (h) Physical and Sexual Abuse.--
            (1) In general.--No detainee, whether in a detention 
        facility or short-term detention facility, shall be subject to 
        degrading or inhumane treatment such as physical abuse, sexual 
        abuse or harassment, or arbitrary punishment.
            (2) Prevention.--The operators of detention facilities 
        shall take all necessary measures--
                    (A) to prevent sexual abuse and sexual assaults of 
                detainees;
                    (B) to provide medical and mental health treatment 
                to victims of sexual abuse and sexual assaults; and
                    (C) to comply fully with the national standards for 
                the detection, prevention, reduction, and punishment of 
                prison rape adopted pursuant to section 8(a) of the 
                Prison Rape Elimination Act of 2003 (42 U.S.C. 
                15607(a)).
    (i) Limitations on Solitary Confinement, Shackling, and Strip 
Searches.--
            (1) Extraordinary circumstances.--Solitary confinement, 
        shackling, and strip searches of detainees--
                    (A) may not be used unless such techniques are 
                necessitated by extraordinary circumstances in which 
                the safety of other persons is at imminent risk; and
                    (B) may not be used for the purpose of humiliating 
                detainees either within or outside the detention 
                facility.
            (2) Protected classes.--Solitary confinement, shackling, 
        and strip searches may not be used on pregnant women, nursing 
        mothers, women in labor or delivery, or children who are 
        younger than 18 years of age. Strip searches may not be 
        conducted in the presence of children who are younger than 21 
        years of age.
            (3) Written policies.--Detention facilities shall--
                    (A) adopt written policies pertaining to the use of 
                force and restraints; and
                    (B) train all staff on the proper use of such 
                techniques and devices.
    (j) Location of Detention Facilities.--
            (1) New facilities.--All detention facilities first used by 
        the Department of Homeland Security after the date of the 
        enactment of this Act shall be located within 50 miles of a 
        community in which there is a demonstrated capacity to provide 
        free or low-cost legal representation by--
                    (A) nonprofit legal aid organizations; or
                    (B) pro bono attorneys with expertise in asylum or 
                immigration law.
            (2) Existing facilities.--Not later than January 1, 2014, 
        all detention facilities used by the Department of Homeland 
        Security shall meet the location requirement described in 
        paragraph (1).
            (3) Report.--If the Secretary fails to comply with the 
        requirement under paragraph (2) by January 1, 2014, the 
        Secretary shall submit a report to Congress on such date, and 
        annually thereafter, that--
                    (A) explains the reasons for such failure; and
                    (B) describes the specific plans of the Secretary 
                to meet such requirement.
    (k) Translation Capabilities.--The operators of detention 
facilities and short-term detention facilities shall--
            (1) employ staff who are professionally qualified in any 
        language spoken by more than 10 percent of its detainee 
        population;
            (2) arrange for alternative translation services, as 
        needed, in the exceptional circumstances when trained bilingual 
        staff members are unavailable to translate; and
            (3) provide notices and written materials to detainees in 
        the native language of such detainees if such language is 
        spoken by more than 5 percent of the detainees in the facility.
    (l) Recreational Programs and Activities.--Detainees shall be 
provided with access to at least 1 hour of indoor and outdoor 
recreational programs and activities each day.
    (m) Training of Personnel.--All personnel at detention facilities 
and short-term detention facilities shall be given comprehensive, 
specialized training and regular, periodic updates, including--
            (1) an overview of immigration detention and all detention 
        standards;
            (2) the characteristics of the noncitizen detainee 
        population, including the special needs of vulnerable 
        populations among detainees and cultural, gender, gender 
        identity, and sexual orientation issues; and
            (3) the due process and grievance procedures to protect the 
        rights of detainees.
    (n) Transportation.--The Secretary shall ensure that--
            (1) each detainee is safely transported, which shall 
        include the appropriate use of safety harnesses and occupancy 
        limitations of vehicles; and
            (2) female officers are responsible and at all times 
        present during the transfer and transport of female detainees 
        who are in the custody of the Department of Homeland Security.
    (o) Vulnerable Populations.--Detention facility conditions and 
minimum requirements for detention facilities shall recognize and 
accommodate the unique needs of vulnerable detainees, including--
            (1) families with children;
            (2) asylum seekers;
            (3) victims of abuse, torture, or trafficking;
            (4) individuals who are older than 65 years of age;
            (5) pregnant women; and
            (6) nursing mothers.
    (p) Children.--The Secretary shall ensure that unaccompanied alien 
children are--
            (1) physically separated from any adult who is not an 
        immediate family member; and
            (2) separated by sight and sound from--
                    (A) immigration detainees and inmates with criminal 
                convictions;
                    (B) pretrial inmates facing criminal prosecution;
                    (C) children who have been adjudicated delinquents 
                or convicted of adult offenses or are pending 
                delinquency or criminal proceedings; and
                    (D) inmates exhibiting violent behavior while in 
                detention.
    (q) Short-Term Facility Requirements.--
            (1) Access to basic needs, people, and property.--
                    (A) Basic needs.--All detainees in short-term 
                detention facilities shall receive--
                            (i) potable water;
                            (ii) food, if detained for more than 5 
                        hours;
                            (iii) basic toiletries, diapers, sanitary 
                        products, and blankets; and
                            (iv) access to bathroom facilities.
                    (B) People.--The Secretary shall provide consular 
                officials with access to detainees held at any short-
                term detention facility. Detainees shall be afforded 
                reasonable access to a licensed health care 
                professional. The Secretary shall ensure that nursing 
                mothers in such facilities have access to their 
                children.
                    (C) Property.--Any property belonging to a detainee 
                that was confiscated by an official of the Department 
                of Homeland Security shall be returned to the detainee 
                upon repatriation or transfer.
            (2) Protections for children.--
                    (A) Qualified staff.--The Secretary shall ensure 
                that adequately trained and qualified staff are 
                stationed at each major port of entry at which, during 
                the 2 most recent fiscal years, an average of at least 
                50 unaccompanied alien children have been held per year 
                by United States Customs and Border Protection. Such 
                staff shall include--
                            (i) independent licensed social workers 
                        dedicated to ensuring the proper temporary care 
                        for the children while in the custody of United 
                        States Customs and Border Protection; and
                            (ii) agents charged primarily with the 
                        safe, swift, and humane transportation of such 
                        children to the custody of the Office of 
                        Refugee Resettlement.
                    (B) Specific rights.--The social workers described 
                in subparagraph (A)(i) shall ensure that each 
                unaccompanied alien child--
                            (i) receives emergency medical care;
                            (ii) receives mental health care in case of 
                        trauma;
                            (iii) has access to psychosocial health 
                        services;
                            (iv) is provided with--
                                    (I) a pillow, linens, and 
                                sufficient blankets to rest at a 
                                comfortable temperature; and
                                    (II) a bed and mattress placed in 
                                an area specifically designated for 
                                residential use;
                            (v) receives adequate nutrition;
                            (vi) enjoys a safe and sanitary living 
                        environment;
                            (vii) receives educational materials; and
                            (viii) has access to at least 3 hours of 
                        indoor and outdoor recreational programs and 
                        activities per day.
            (3) Confidentiality.--
                    (A) In general.--The Secretary of Health and Human 
                Services shall maintain the privacy and confidentiality 
                of all information gathered in the course of providing 
                care, custody, placement, and follow-up services to 
                unaccompanied alien children, consistent with the best 
                interest of such children, by not disclosing such 
                information to other government agencies or nonparental 
                third parties, except as provided under paragraph (2).
                    (B) Limited disclosure of information.--The 
                Secretary may disclose information regarding an 
                unaccompanied alien child only if--
                            (i) the child authorizes such disclosure 
                        and it is consistent with the child's best 
                        interest; or
                            (ii) the disclosure is to a duly recognized 
                        law enforcement entity and is necessary to 
                        prevent imminent and serious harm to another 
                        individual.
                    (C) Written record.--All disclosures under 
                paragraph (2) shall be duly recorded in writing and 
                placed in the child's file.

SEC. 11. TIMELY NOTICE OF IMMIGRATION CHARGES.

    Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) 
is amended by adding at the end the following:
    ``(f) Notice and Charges.--Not later than 48 hours after the 
commencement of a detention of an individual under this section, the 
Secretary of Homeland Security shall--
            ``(1) file a Notice to Appear or other relevant charging 
        document with the immigration court closest to the location at 
        which the individual was apprehended; and
            ``(2) serve such notice or charging document on the 
        individual.''.

SEC. 12. 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 of Homeland Security 
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 
        shall be accompanied by a recording of the interview which 
        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 the Secretary's designee, 
        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 a report 
        to Congress 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 does not 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. 13. STUDY ON THE EFFECT OF EXPEDITED REMOVAL PROVISIONS, 
              PRACTICES, AND PROCEDURES ON ASYLUM CLAIMS.

    (a) Study.--
            (1) In general.--The United States Commission on 
        International Religious Freedom (referred to in this section as 
        the ``Commission'') is authorized to conduct a study to 
        determine whether immigration officers described in paragraph 
        (2) are engaging in conduct described in paragraph (3).
            (2) Immigration officers described.--An immigration officer 
        described in this paragraph is 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; and
                    (B) may be eligible to apply for asylum under 
                section 208 or 235 of such Act.
            (3) Conduct described.--An immigration officer engages in 
        conduct described in this paragraph if the immigration 
        officer--
                    (A) improperly encourages an alien referred to in 
                paragraph (2) to withdraw or retract claims for asylum;
                    (B) incorrectly fails to refer such an alien for an 
                interview by an asylum officer to determine whether the 
                alien has a credible fear of persecution (as defined in 
                section 235(b)(1)(B)(v) of such Act (8 U.S.C. 
                1225(b)(1)(B)(v)));
                    (C) incorrectly removes such an alien to a country 
                in which the alien may be persecuted; or
                    (D) detains such an alien improperly or under 
                inappropriate conditions.
    (b) Report.--Not later than 2 years after the date on which the 
Commission initiates the study under subsection (a), the Commission 
shall submit a report containing the results of the study to--
            (1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (2) the Committee on the Judiciary of the Senate;
            (3) the Committee on Foreign Relations of the Senate;
            (4) the Committee on Homeland Security of the House of 
        Representatives;
            (5) the Committee on the Judiciary of the House of 
        Representatives; and
            (6) the Committee on Foreign Affairs of the House of 
        Representatives.
    (c) Staff.--
            (1) From other agencies.--
                    (A) Identification.--The Commission may identify 
                employees of the Department of Homeland Security, the 
                Department of Justice, and the Government 
                Accountability Office that 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 staff 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) 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.

SEC. 14. LAWFUL PERMANENT RESIDENT STATUS OF REFUGEES AND ASYLUM 
              SEEKERS GRANTED ASYLUM.

    (a) Admission of Emergency Situation Refugees.--Section 207(c) of 
the Immigration and Nationality Act (8 U.S.C. 1157(c)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' the first time 
                it appears and inserting ``Secretary of Homeland 
                Security'';
                    (B) by striking ``Attorney General'' each 
                additional place it appears and inserting 
                ``Secretary''; and
                    (C) by striking ``(except as otherwise provided 
                under paragraph (3)) as an immigrant under this Act.'' 
                and inserting ``(except as provided under subsection 
                (b) and (c) of 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.'';
            (2) in paragraph (2)(A)--
                    (A) by striking ``(except as otherwise provided 
                under paragraph (3))'' and inserting ``(except as 
                provided under subsection (b) and (c) of section 
                209)''; and
                    (B) by striking the last sentence and inserting the 
                following: ``An alien admitted to the United States as 
                a refugee may petition for his or her spouse or child 
                to follow to join him or her in the United States at 
                any time after such alien's admission, notwithstanding 
                his or her treatment as a lawful permanent resident as 
                of the date of his or her admission to the United 
                States.'';
            (3) by striking paragraph (3);
            (4) by redesignating paragraph (4) as paragraph (3); and
            (5) in paragraph (3), as redesignated--
                    (A) by striking ``Attorney General'' the first time 
                it appears and inserting ``Secretary of Homeland 
                Security''; and
                    (B) by striking ``Attorney General'' each 
                additional place it appears and inserting 
                ``Secretary''.
    (b) Treatment of Spouse and Children.--Section 208(b)(3) of such 
Act (8 U.S.C. 1158(b)(3)) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (E); 
        and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) Petition.--An alien granted asylum under this 
                subsection may petition for the same status to be 
                conferred on his or her spouse or child at any time 
                after such alien is granted asylum whether or not such 
                alien has applied for, or been granted, adjustment to 
                permanent resident status under section 209.
                    ``(C) Permanent resident status.--Notwithstanding 
                any numerical limitations specified in this Act, a 
                spouse or child admitted to the United States as an 
                asylee following to join a spouse or parent previously 
                granted asylum shall be regarded as lawfully admitted 
                to the United States for permanent residence as of the 
                date of such spouse's or child's admission to the 
                United States.
                    ``(D) Application for adjustment of status.--A 
                spouse or child who was not admitted to the United 
                States pursuant to a grant of asylum, but who was 
                granted asylum under this subparagraph after his or her 
                arrival as the spouse or child of an alien granted 
                asylum under section 208, may apply for adjustment of 
                status to that of lawful permanent resident under 
                section 209 at any time after being granted asylum.''.
    (c) Refugees.--
            (1) In general.--Section 209 of such 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 refugees.--Notwithstanding any numerical 
        limitations specified in this Act, any alien who has been 
        admitted to the United States under section 207 shall be 
        regarded as lawfully admitted to the United States for 
        permanent residence as of the date of such admission.
            ``(2) Treatment of spouse and children.--Notwithstanding 
        any numerical limitations specified in this Act, any alien 
        admitted to the United States under section 208(b)(3) as the 
        spouse or child of an alien granted asylum under section 
        208(b)(1) shall be regarded as lawfully admitted to the United 
        States for permanent residence as of the date of such 
        admission.
            ``(3) Adjustment of status.--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--
                    ``(A) 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;
                    ``(B) applies for such adjustment of status at any 
                time after being granted asylum or refugee status;
                    ``(C) is not firmly resettled in any foreign 
                country; and
                    ``(D) 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.
            ``(4) 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.
            ``(5) Document issuance.--An alien who has been admitted to 
        the United States under section 207 or 208 or who adjusts to 
        the status of a lawful permanent resident as a refugee or 
        asylee under this section shall be issued documentation 
        indicating that such alien is a lawful permanent resident 
        pursuant to a grant of refugee or asylum 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 of inadmissibility under section 212 or any 
        ground of deportability under section 237 for a refugee 
        admitted under section 207, an alien granted asylum under 
        section 208, or an alien seeking admission as a lawful 
        permanent resident pursuant to a grant of refugee or asylum 
        status if the Secretary or the Attorney General determines that 
        such waiver is justified by humanitarian purposes, to ensure 
        family unity, or is otherwise in the public interest.
            ``(2) Ineligibility.--A refugee under section 207, an alien 
        granted asylum under section 208, or an alien seeking admission 
        as a lawful permanent resident pursuant to a grant of refugee 
        or asylum status 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).''.
    (d) Technical 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) 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.''.
    (e) Savings Provisions.--
            (1) In general.--Nothing in the amendments made by this 
        section may be construed to limit access to the benefits 
        described at chapter 2 of title IV of the Immigration and 
        Nationality Act (8 U.S.C. 1521 et seq.).
            (2) Clarification.--Aliens admitted for lawful permanent 
        residence under section 207 or 208 of the Immigration and 
        Nationality Act (8 U.S.C. 1157 and 1158) or who adjust status 
        to lawful permanent resident under section 209 of such Act (8 
        U.S.C. 1159) shall be considered to be refugees and aliens 
        granted asylum in accordance with 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).
    (f) Effective Date.--This section, and the amendments made by this 
section, shall become effective 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.

SEC. 15. 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 section 3, by 
        adding at the end the following:
                    ``(D) Applicability to minors.--Subparagraphs (A), 
                (B), and (C) do 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)(3), as amended by section 14(b), by 
        adding at the end the following:
                    ``(F) Jurisdiction.--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) 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 ``Except as provided in paragraph (8), 
        if the Secretary of Homeland Security''; and
            (2) by adding at the end of the following:
            ``(8) Applicability of reinstatement of removal.--Paragraph 
        (5) shall not apply to an alien who has reentered the United 
        States illegally after having been removed or having departed 
        voluntarily, under an order of removal, if the alien was 
        younger than 18 years of age on the date on which the alien was 
        removed or departed voluntarily under an order of removal.''.

SEC. 16. MULTIPLE FORMS OF RELIEF.

    (a) In General.--Applicants for admission as refugees may 
simultaneously pursue admission under any visa category for which such 
applicants may be eligible.
    (b) Asylum Applicants Who Become Eligible for Diversity Visas.--
Section 204(a)(1)(I) (8 U.S.C. 1154(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:
    ``(iv)(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 a permanent resident.
    ``(II) A petition under subclause (I) shall be filed not later than 
30 days before the end of the fiscal year for which the petitioner 
received notice of eligibility for the visa and shall 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 the petitioner's status may take place 
after the end of such fiscal year.''.

SEC. 17. PROTECTION OF REFUGEE FAMILIES.

    (a) Children of Refugee or Asylee Spouses and Children.--A child of 
an alien who qualifies for admission as a spouse or child under section 
207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to the same 
admission status as such alien if the child--
            (1) is accompanying or following to join such alien; and
            (2) is otherwise admissible under such section 207(c)(2)(A) 
        or 208(b)(3).
    (b) Separated Children.--A child younger than 18 years of age who 
has been separated from the birth or adoptive parents of such child and 
is living under the care of an alien who has been approved for 
admission to the United States as a refugee shall be admitted as a 
refugee if--
            (1) it is in the best interest of such child to be placed 
        with such alien in the United States; and
            (2) such child is otherwise admissible under section 
        207(c)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1157(c)(3)).
    (c) Elimination of Time Limits on Reunification of Refugee and 
Asylee Families.--
            (1) Emergency situation refugees.--Section 207(c)(2)(A) of 
        the Immigration and Nationality Act (8 U.S.C. 1157(c)(2)(A)) is 
        amended by striking ``A spouse or child (as defined in section 
        101(b)(1) (A), (B), (C), (D), or (E))'' and inserting, 
        ``Regardless of when such refugee was admitted to the United 
        States, a spouse or child (other than a child described in 
        section 101(b)(1)(F))''.
            (2) Asylum.--Section 208(b)(3)(A) of such Act (8 U.S.C. 
        1158(b)(3)(A)) is amended to read as follows:
                    ``(A) In general.--A spouse or child (other than a 
                child described in section 101(b)(1)(F)) of an alien 
                who was granted asylum under this subsection at any 
                time may, if not otherwise eligible for asylum under 
                this section, be granted the same status as the alien 
                if accompanying or following to join such alien.''.
    (d) Timely Adjudication of Refugee and Asylee Family Reunification 
Petitions.--The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
is amended--
            (1) in section 207(c)(2), as amended by subsection (c), by 
        adding at the end the following:
    ``(D) The Secretary shall ensure that the application of an alien 
who is following to join a refugee who qualifies for admission under 
paragraph (1) is adjudicated not later than 90 days after the 
submission of such application.''; and
            (2) in section 208(b)(3), by adding at the end the 
        following:
                    ``(G) Timely adjudication.--The Secretary shall 
                ensure that the application of each alien described in 
                subparagraph (A) who applies to follow an alien granted 
                asylum under this subsection is adjudicated not later 
                than 90 days after the submission of such 
                application.''.

SEC. 18. REFORM OF REFUGEE CONSULTATION PROCESS AND REFUGEE PROCESSING.

    Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) 
is amended--
            (1) in subsection (a), by adding at the end the following:
    ``(5) 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 fiscal year.'';
            (2) in subsection (d), by adding at the end the following:
    ``(4) Not later than 15 days after the last day of each calendar 
quarter, the President 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--
            ``(A) the number of refugees who were admitted during the 
        previous quarter;
            ``(B) the percentage of those arrivals against the refugee 
        admissions goal for such quarter;
            ``(C) the cumulative number of refugees who were admitted 
        during the fiscal year as of the end of such quarter;
            ``(D) the number of refugees to be admitted during the 
        remainder of the fiscal year in order to meet the refugee 
        admissions goal for the fiscal year; and
            ``(E) a plan that describes the procedural or personnel 
        changes necessary to achieve the refugee admissions goal for 
        the fiscal year.''; and
            (3) in subsection (e)--
                    (A) by redesignating paragraphs (1) through (7) as 
                subparagraphs (A) through (G), respectively;
                    (B) in the matter preceding subparagraph (A), as 
                redesignated--
                            (i) by inserting ``(1)'' after ``(e)''; and
                            (ii) 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'';
                    (C) by striking ``To the extent possible,'' and 
                inserting the following:
    ``(2) To the extent possible''; and
                    (D) 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).''.

SEC. 19. ADMISSION OF REFUGEES IN THE ABSENCE OF THE ANNUAL 
              PRESIDENTIAL DETERMINATION.

    Section 207(a) of the Immigration and Nationality Act (8 U.S.C. 
1157(a)) is amended--
            (1) by striking paragraph (1);
            (2) by redesignating paragraphs (2), (3), (4), and (5) as 
        paragraphs (1), (2), (3), and (4), respectively;
            (3) in paragraph (1), as redesignated--
                    (A) by striking ``after fiscal year 1982''; and
                    (B) by adding at the end the following: ``If the 
                President does not issue a determination under this 
                paragraph before the beginning of a fiscal year, the 
                number of refugees that may be admitted under this 
                section in each quarter before the issuance of such 
                determination shall be 25 percent of the number of 
                refugees admissible under this section during the 
                previous fiscal year.''; and
            (4) in paragraph (3), as redesignated, by striking 
        ``(beginning with fiscal year 1992)''.

SEC. 20. AUTHORITY TO DESIGNATE CERTAIN GROUPS OF REFUGEES FOR 
              CONSIDERATION.

    (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 Secretary of State, after notification to Congress, 
may designate specifically defined groups of aliens 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 them 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 vulnerabilities or a lack of local integration prospects in 
their country of first asylum.
    ``(ii) An alien who establishes membership in a group designated 
under clause (i) to the satisfaction of the designee 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.
    ``(iii) A designation under clause (i)--
            ``(I) shall expire at the end of each fiscal year; and
            ``(II) may be extended by the Secretary of State after 
        notification to Congress.
    ``(iv) An alien's admission under this subparagraph shall count 
against the refugee admissions goal under subsection (a).
    ``(v) A designation under clause (i) shall not influence decisions 
to grant, to any alien, asylum under section 208, protection 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.''.
    (b) 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. 21. UPDATE OF RECEPTION AND PLACEMENT GRANTS.

    Beginning with fiscal year 2012, not later than 30 days before the 
beginning of each fiscal year, the Secretary shall notify Congress of 
the amount of funds that the Secretary will provide in its Reception 
and Placement Grants in the coming fiscal year. In setting the amount 
of such grants each year, the Secretary shall ensure that--
            (1) the grant amount is adjusted so that it is adequate to 
        provide for the anticipated initial resettlement needs of 
        refugees, including adjusting the amount for inflation and the 
        cost of living;
            (2) an amount is provided at the beginning of the fiscal 
        year to each national resettlement agency that is sufficient to 
        ensure adequate local and national capacity to serve the 
        initial resettlement needs of refugees the Secretary 
        anticipates the agency will resettle throughout the fiscal 
        year; and
            (3) additional amounts are provided to each national 
        resettlement agency promptly upon the arrival of refugees that, 
        exclusive of the amounts provided pursuant to 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).

SEC. 22. 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 an 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 
        them in obtaining immigration benefits for which they are 
        eligible; and''.

SEC. 23. PROTECTION FOR ALIENS INTERDICTED AT SEA.

    Section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1231(b)(3)) 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 had the 
                                opportunity to be interviewed by an 
                                asylum officer 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) and (C) as 
        subparagraphs (C) and (D), 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 setting 
                                and in a language the alien claims to 
                                understand, information concerning the 
                                alien's interdiction, including the 
                                ability 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 origin or country of 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 would be 
                        subject to torture, an opportunity to seek 
                        protection in--
                                    ``(I) a country other than the 
                                alien's country of origin or country of 
                                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.''.

SEC. 24. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.

    (a) In General.--Chapter 1 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding at the end 
the following:

``SEC. 210A. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.

    ``(a) Defined Term.--
            ``(1) In general.--In this section, the term `de jure 
        stateless person' means an individual who is not considered a 
        national under the laws of any country.
            ``(2) Designation of specific de jure groups.--The 
        Secretary of Homeland Security may designate specific groups of 
        individuals who are considered de jure stateless persons, for 
        purposes of this section.
    ``(b) Mechanisms for Regularizing the Status of Stateless 
Persons.--
            ``(1) Relief for individuals determined to be de jure 
        stateless persons.--The Secretary of Homeland Security or the 
        Attorney General may cancel removal or provide conditional 
        lawful status to an alien who is otherwise inadmissible or 
        deportable from the United States if the alien--
                    ``(A) is a de jure stateless person;
                    ``(B) applies for such relief;
                    ``(C) is not inadmissible under paragraph (2) or 
                (3) of section 212(a);
                    ``(D) is not deportable under paragraph (2), (3), 
                or (4) of section 237(a); and
                    ``(E) is not described in section 241(b)(3)(C)(i).
            ``(2) Waivers.--
                    ``(A) Automatic waivers.--In determining an alien's 
                eligibility for relief under paragraph (1), paragraphs 
                (4), (5), (6)(A), (7)(A), and (9) of section 212(a) 
                shall not apply.
                    ``(B) Application.--An alien seeking relief under 
                paragraph (1) may apply to the Secretary or the 
                Attorney General for a waiver of any of the grounds set 
                forth in subparagraph (C) and (D) of paragraph (1).
                    ``(C) Other waivers.--The Secretary or the Attorney 
                General may waive any other ground of inadmissibility 
                or deportability (except for section 241(b)(3)(C)(i)) 
                with respect to such an applicant, including felony 
                convictions and health conditions, if such waiver--
                            ``(i) is justified by humanitarian 
                        purposes;
                            ``(ii) would ensure family unity; or
                            ``(iii) is otherwise in the public 
                        interest.
            ``(3) Work authorization.--The Secretary may--
                    ``(A) authorize an alien who has applied for relief 
                under paragraph (1) to engage in employment in the 
                United States while such application is being 
                considered; and
                    ``(B) provide such applicant with an employment 
                authorized endorsement or other appropriate document 
                signifying authorization of employment.
            ``(4) Dependent spouses and children.--The spouse, child, 
        or unmarried son or daughter of an alien who has been granted 
        conditional lawful status under paragraph (1) may apply for 
        conditional lawful status under this section as a dependent 
        if--
                    ``(A) the dependent properly files an application 
                for such status;
                    ``(B) the dependent is physically present in the 
                United States on the date on which such application is 
                filed;
                    ``(C) the dependent meets the eligibility criteria 
                set forth in paragraph (1); and
                    ``(D) the qualifying relationship to the principal 
                beneficiary existed on the date on which such alien was 
                granted conditional lawful status.
    ``(c) Adjustment of Status.--
            ``(1) Inspection and examination.--At the end of the 1-year 
        period beginning on the date on which an alien has been granted 
        conditional lawful status under subsection (b), the alien may 
        apply for lawful permanent residence in the United States if--
                    ``(A) the alien has been physically present in the 
                United States for at least 1 year;
                    ``(B) the alien's conditional lawful status has not 
                been terminated by the Secretary of Homeland Security 
                or the Attorney General, pursuant to such regulations 
                as the Secretary or the Attorney General may prescribe; 
                and
                    ``(C) the alien has not otherwise acquired 
                permanent resident status.
            ``(2) Requirements for adjustment.--The Secretary or the 
        Attorney General, under such regulations as the Secretary or 
        the Attorney General may prescribe, may adjust the status of an 
        alien granted conditional lawful status under subsection (b) to 
        that of an alien lawfully admitted for permanent residence if 
        such alien--
                    ``(A) is a de jure stateless person;
                    ``(B) properly applies for such adjustment of 
                status;
                    ``(C) has been physically present in the United 
                States for at least 1 year after being granted 
                conditional lawful status under subsection (b);
                    ``(D) is not firmly resettled in any foreign 
                country; and
                    ``(E) is admissible (except as otherwise provided 
                under subsection (b)(2)) as an immigrant under this 
                chapter at the time of examination of such alien for 
                adjustment of status.
            ``(3) Proving the claim.--In determining an alien's 
        eligibility for adjustment of status under this subsection, the 
        Secretary or the Attorney General shall consider any credible 
        evidence relevant to the application. The determination of what 
        evidence is credible and the weight to be given that evidence 
        shall be within the sole discretion of the Secretary or the 
        Attorney General.
            ``(4) Record.--Upon approval of an application under this 
        subsection, the Secretary or the Attorney General shall 
        establish a record of the alien's admission for lawful 
        permanent residence as of the date that is 1 year before the 
        date of such approval.
    ``(d) Review.--
            ``(1) Administrative review.--The Attorney General shall 
        provide applicants for relief under this section the same right 
        to, and procedures for, administrative review as are provided 
        to aliens subject to removal proceedings under section 240.
            ``(2) Judicial review.--The United States Court of Appeals 
        shall--
                    ``(A) sustain a final decision denying relief under 
                this section unless it is contrary to law, an abuse of 
                discretion, or not supported by substantial evidence; 
                and
                    ``(B) decide the petition only on the 
                administrative record on which the denial of relief is 
                based.
            ``(3) Motions to reopen.--Notwithstanding any limitation 
        imposed by law on motions to reopen removal or deportation 
        proceedings, any individual who is eligible for relief under 
        this section may file 1 motion to reopen removal or deportation 
        proceedings in order to apply for relief under this section.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 210 the following:

``Sec. 210A. Protection of stateless persons in the United States.''.

SEC. 25. 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.
                                 <all>