[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4011 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4011

   To temporarily suspend certain immigration enforcement activities 
                  during disease-related emergencies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2020

   Mr. Blumenthal (for Mr. Markey (for himself, Mr. Blumenthal, Mr. 
 Sanders, Ms. Warren, and Ms. Harris)) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To temporarily suspend certain immigration enforcement activities 
                  during disease-related emergencies.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Enforcement Moratorium 
Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) during the COVID-19 pandemic, many immigration 
        enforcement activities have needlessly endangered public 
        health, including the health of enforcement officers and 
        members of the community;
            (2) continued arrests and apprehensions--
                    (A) prevent immigrant communities from accessing 
                necessary services for their health and well being; and
                    (B) risk increasing the immigration detention 
                population at a time when the number of people in 
                immigration detention must urgently be reduced;
            (3) Department of Homeland Security medical experts 
        estimate that between 75 and 100 percent of the people detained 
        in many immigration detention centers across the country may 
        contract COVID-19 unless such centers are drastically 
        depopulated;
            (4) other in-person activities, including check-ins and 
        removal hearings, create significant public health risks;
            (5) the National Association of Immigration Judges, a union 
        of U.S. Immigration and Customs Enforcement trial attorneys, 
        and the American Immigration Lawyers Association have all urged 
        the Department of Justice to cease all in-person removal 
        proceedings, citing expert guidance that continuing in-person 
        removal proceedings during the pandemic is ``irresponsible'';
            (6) deportations risk spreading COVID-19 to neighboring 
        countries, where the virus will devastate already limited 
        health systems and create untold harm;
            (7) the United States has already sent individuals who 
        tested positive for COVID-19 to at least 8 countries;
            (8) a consortium of United Nations migration and human 
        rights organizations has called on all countries in the global 
        community to halt all forced removals during the pandemic, 
        noting that ``[f]orced returns can intensify serious public 
        health risks for everyone - migrants, public health officials, 
        health workers, social workers, and both host and origin 
        communities'';
            (9) expulsions at the border--
                    (A) violate longstanding, congressionally mandated 
                protections for asylum-seekers; and
                    (B) fail to protect public health;
            (10) the Office of the United Nations High Commissioner for 
        Refugees has declared that--
                    (A) countries cannot enact ``blanket measure[s] to 
                preclude the admission of refugees or asylum-seekers''; 
                and
                    (B) any such ``measures must be non-discriminatory 
                as well as necessary, proportionate and reasonable to 
                the aim of protecting public health'';
            (11) leading public health experts have urged United States 
        officials to withdraw the order enabling mass expulsion of 
        asylum seekers, noting border expulsions fail to further public 
        health and implicate serious human rights concerns;
            (12) border crossing prosecutions have been suspended in 
        several border districts because they are incompatible with 
        public health;
            (13) the Department of Homeland Security continues to refer 
        people for prosecutions in some districts for violations of 
        section 276 of the Immigration and Nationality Act (8 U.S.C. 
        1326); and
            (14) people continue to be unnecessarily held in pre-trial 
        detention facilities where COVID-19 has spread.

SEC. 3. TEMPORARY SUSPENSION OF IMMIGRATION ENFORCEMENT.

    (a) Definitions.--In this section:
            (1) Noncitizen.--The term ``noncitizen'' means any 
        individual who is not a citizen or national of the United 
        States.
            (2) Public health emergency.--The term ``public health 
        emergency'' means--
                    (A) a national emergency involving Federal primary 
                responsibility determined to exist by the President 
                under section 501(b) of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) 
                with respect to a communicable disease;
                    (B) a national emergency declared by the President 
                under sections 201 and 301 of the National Emergencies 
                Act (50 U.S.C. 1621 and 1631) with respect to a 
                communicable disease;
                    (C) a national public health emergency declared by 
                the Secretary of Health and Human Services under 
                section 319 of the Public Health Service Act (42 U.S.C. 
                247d); or
                    (D) a global pandemic declared by the World Health 
                Organization.
    (b) Suspended Immigration Enforcement Activities.--
            (1) In general.--Except as provided in subsection (d), 
        during a public health emergency, the Secretary of Homeland 
        Security shall suspend all immigration enforcement-related 
        activities in the United States, including--
                    (A) removals of noncitizens from the United States;
                    (B) arrests and apprehensions by U.S. Immigration 
                and Customs Enforcement or U.S. Customs and Border 
                Protection of noncitizens who are physically present in 
                the United States;
                    (C) required meetings with Enforcement and Removal 
                Operations (commonly known as ``ICE check-ins'');
                    (D) service of Notices to Appear; and
                    (E) referrals for prosecution under section 275 or 
                276 of the Immigration and Nationality Act (8 U.S.C. 
                1325 and 1326).
            (2) Individuals in detention who have received removal 
        orders.--Notwithstanding section 241(a)(2) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(a)(2)), individuals in 
        detention who have received removal orders shall be released on 
        orders of supervision.
    (c) Border Processing.--
            (1) In general.--Notwithstanding section 217 of the 
        Immigration and Nationality Act (8 U.S.C. 1187) or any other 
        provision of law, any noncitizen applying for admission at a 
        port of entry on or after the date on which the public health 
        emergency went into effect who is deemed inadmissible or who is 
        apprehended by U.S. Customs and Border Protection within 14 
        days after crossing the international border into the United 
        States without authorization on or after the date on which the 
        public health emergency went into effect, shall, if he or she 
        presents a claim to relief under the immigration laws and is 
        not otherwise subject to the exception described in subsection 
        (d), be paroled into the United States pursuant to section 
        212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 
        1182(d)(5)(A)).
            (2) Removal proceedings.--If the Department of Homeland 
        Security initiates removal proceedings against a noncitizen 
        described in paragraph (1), such proceedings shall take place 
        in accordance with section 240 (8 U.S.C. 1229a).
    (d) Exception.--
            (1) In general.--Subsection (b) and the parole provision 
        under subsection (c) shall not apply if the Federal official 
        authorized to carry out an immigration enforcement activity 
        described in either such subsection has clear and convincing 
        evidence, based on credible and individualized information, 
        that the noncitizen is a threat to another person or the 
        community.
            (2) Prior conviction.--A prior conviction or pending 
        criminal charge against the noncitizen described in paragraph 
        (1) may not be the sole factor to justify carrying out an 
        otherwise prohibited immigration enforcement activity described 
        in subsection (b) or granting parole pursuant to subsection 
        (c).
            (3) Judicial review.--A noncitizen described in paragraph 
        (1) is entitled to immediate de novo review of the Federal 
        official's determination in--
                    (A) the United States District Court for the 
                District of Columbia; or
                    (B) any Federal district court satisfying the venue 
                requirements described in section 1391 of title 28, 
                United States Code.
    (e) Unlawful Presence.--During the public health emergency, the 
accrual of unlawful presence under subparagraphs (B)(i)(I) and 
(C)(i)(I) of section 212(a)(9) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(9)) shall be suspended for any noncitizen who resided 
in the United States on or before the date on which the public health 
emergency went into effect.
    (f) Immigration Court Proceedings.--During the period beginning on 
the date on which a public health emergency is in effect in any State 
of territory of the United States and ending on the date that is 30 
days after the date on which the public health emergency is terminated, 
the Attorney General shall--
            (1) suspend all in-person immigration court proceedings;
            (2) establish a procedure for conducting custody 
        determination hearings for detained individuals to appear 
        telephonically or by video teleconference, which shall permit--
                    (A) attorneys and representatives to appear 
                telephonically or by video teleconference; and
                    (B) supporting documents to be faxed, emailed, or 
                otherwise electronically transmitted to the appropriate 
                court clerk;
            (3) suspend all immigration court proceedings not described 
        in paragraph (2), except that cases involving individuals who 
        are detained may proceed if the respondent and his or her 
        counsel or representative requests in writing that the 
        immigration court proceedings move forward telephonically or by 
        video teleconference;
            (4) issue a blanket extraordinary circumstances exception 
        for 1 year asylum filing deadlines; and
            (5) toll any deadline imposed by statute, regulation, local 
        rule, standing order, or policy guidance requiring the 
        appearance or other action by the respondent unless the 
        respondent or the respondent's counsel or legal representative 
        submits a written request to the contrary.
    (g) Limitation on Use of Federal Funds for Reliance on Ultra-Vires 
Authority.--Federal funds may not be used by the Department of Homeland 
Security to expel, pursuant to section 362 or 365 of the Public Health 
Service Act (42 U.S.C. 265 and 268), any noncitizen who--
            (1) is present in the United States;
            (2) entered or is entering the United States at a port of 
        entry; or
            (3) crossed or is crossing the United States border between 
        ports of entry.
    (h) Duration.--
            (1) In general.--Subsections (b), (c), (e), and (f) shall 
        remain in effect throughout the duration of a public health 
        emergency and for at least 30 days after the public health 
        emergency is no longer in effect.
            (2) Removals.--If an emergency referred to in subsection 
        (a)(2)(D) is declared, removals shall further remain suspended 
        to a receiving country until the Secretary of Homeland Security 
        and the Secretary of State each certify in writing to Congress 
        that the country--
                    (A) has demonstrated evidence of diminishing cases 
                and risk of community transmission; and
                    (B) has public health infrastructure that is able 
                to adequately handle the return of its nationals.
    (i) Savings Provision.--Nothing in this section may be construed to 
alter the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 (Public Law 110-457).
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