1.Short
title; table of contents
(a)This Act may be cited
as the Refugee Protection Act of
2010
.
(b)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.
2.In this Act:
(1)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)The
term Secretary means the Secretary of Homeland Security.
3.Elimination of
arbitrary time limits on asylum applicationsSection 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)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.
.
4.Protecting
victims of terrorism from being defined as terroristsSection 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.
.
5.Protecting
certain vulnerable groups of asylum seekers
(a)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 asylumSection 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 acceptedDirect 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)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.
.
6.Effective
adjudication of proceedingsSection 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
.
7.Scope and
standard for reviewSection
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 reviewExcept 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.
.
8.Efficient asylum
determination process and detention of asylum seekers
(a)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)
;
and
(B)by striking
shall
and inserting may, in the Secretary’s
discretion,
; and
(3)by inserting
after clause (v) the following:
(vi)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)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)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)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).
9.Secure
alternatives program
(a)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)
(1)Nationwide
implementationThe Secretary shall facilitate the nationwide
implementation of the Program.
(2)Utilization of
alternativesThe 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)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)Restrictive electronic monitoring devices, such as ankle
bracelets, may not be used unless there is a demonstrated need for such
enhanced monitoring.
(B)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)Asylum seekers shall be eligible to participate in the
Program.
(B)The Program shall be designed to ensure sufficient
supervision of the population described in subparagraph (A).
(6)The
Secretary shall enter into contracts with qualified nongovernmental entities to
implement the Program.
(7)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.
10.
(a)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)In
this section:
(1)The
term detainee means an individual who is detained under the
authority of United States Immigration and Customs Enforcement.
(2)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 facilityThe 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 presentationsThe 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)
(1)Lists of legal
service providersAll 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 centerThe
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)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)The
Secretary shall establish procedures for regularly scheduled, group legal
orientation presentations.
(3)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)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)
(1)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)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 visitorsDetainees have the right to
reasonable access to religious or other qualified individuals to address
religious, cultural, and spiritual considerations.
(4)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)
(1)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
examinationsEach 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)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)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)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)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)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)The appeals board shall include health care professionals
in the fields relevant to the request for medical or mental health care.
(C)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)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)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)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)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)
(A)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)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)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)
(A)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 recordsImmediately 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)
(1)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)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)
(1)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)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)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)Each
detainee has the right to hold private telephone conversations for the purpose
of obtaining legal representation or related to legal matters.
(5)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)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)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
circumstancesSolitary 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)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)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)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)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)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)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 activitiesDetainees shall be provided with access
to at least 1 hour of indoor and outdoor recreational programs and activities
each day.
(m)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)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)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)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)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)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)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)
(A)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)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)
(A)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 informationThe 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)All disclosures under paragraph (2) shall be duly recorded
in writing and placed in the child’s file.
11.Timely notice
of immigration chargesSection
236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding
at the end the following:
(f)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.
.
12.Procedures for
ensuring accuracy and verifiability of sworn statements taken pursuant to
expedited removal authority
(a)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)
(1)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)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)The
recording shall be made in video, audio, or other equally reliable
format.
(4)Recordings
of interviews under this subsection may be considered as evidence in any
further proceedings involving the alien.
(c)
(1)Subsection (b) shall not apply to interviews that
occur at detention facilities exempted by the Secretary under this
subsection.
(2)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)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 actionNothing in this subsection may be construed to
create a private cause of action for damages or injunctive relief.
(d)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.
13.Study on the
effect of expedited removal provisions, practices, and procedures on asylum
claims
(a)
(1)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 describedAn 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)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)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)
(1)
(A)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)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)The Commission may hire additional staff and consultants to
conduct the study under subsection (a).
(3)
(A)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)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.
14.Lawful
permanent resident status of refugees and asylum seekers granted
asylum
(a)Admission of
emergency situation refugeesSection 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 childrenSection 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)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 statusNotwithstanding 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 statusA 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)
(1)Section 209 of such Act (8 U.S.C. 1159) is amended to
read as follows:
209.Treatment of
aliens admitted as refugees and of aliens granted asylum
(a)
(1)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 childrenNotwithstanding 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)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)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)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 residentParagraphs (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)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)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)
(1)Aliens not
subject to direct numerical limitationsSection 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)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)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)
(1)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)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)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.
15.Protections for
minors seeking asylum
(a)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)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)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)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 removalParagraph (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.
.
16.
(a)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 visasSection
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.
.
17.Protection of
refugee families
(a)Children of
refugee or asylee spouses and childrenA 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)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 refugeesSection 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)Section
208(b)(3)(A) of such Act (8 U.S.C. 1158(b)(3)(A)) is amended to read as
follows:
(A)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
petitionsThe 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)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.
.
18.Reform of
refugee consultation process and refugee processingSection 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).
.
19.Admission of
refugees in the absence of the annual presidential determinationSection 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)
.
20.Authority to
designate certain groups of refugees for consideration
(a)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)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.
21.Update of
reception and placement grantsBeginning 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).
22.Legal
assistance for refugees and asyleesSection 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
.
23.Protection for
aliens interdicted at seaSection 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
threatenedNotwithstanding
;
and
(B)by adding at the
end the following:
(ii)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 watersThe
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.
.
24.Protection of
stateless persons in the United States
(a)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:
210A.Protection of
stateless persons in the United States
(a)
(1)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 groupsThe 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 personsThe
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)
(A)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)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)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)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 childrenThe 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)
(1)Inspection and
examinationAt 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 adjustmentThe 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)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)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)
(1)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)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)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)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.
.
25.Authorization
of appropriationsThere are
authorized to be appropriated such sums as may be necessary to carry out this
Act, and the amendments made by this Act.