[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2838 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2838

  To provide for special immigrant status for Syrian Kurds and other 
 Syrians who partnered with the United States Government in Syria, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2021

  Mr. Crow (for himself and Mr. Waltz) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
 to the Committee on Foreign Affairs, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To provide for special immigrant status for Syrian Kurds and other 
 Syrians who partnered with the United States Government in Syria, and 
                          for other purposes.

    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 ``Syrian Partner Protection Act''.

SEC. 2. SPECIAL IMMIGRANT STATUS FOR CERTAIN SYRIAN KURDS AND OTHER 
              SYRIANS WHO WORKED FOR THE UNITED STATES GOVERNMENT IN 
              SYRIA.

    (a) In General.--Subject to subsection (c)(1), and notwithstanding 
any other provision of law, for purposes of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland 
Security may provide an alien described in subsection (b) with the 
status of a special immigrant under section 101(a)(27) of such Act (8 
U.S.C. 1101(a)(27)) if--
            (1) the alien, or an agent acting on behalf of the alien, 
        submits a petition to the Secretary under section 204 of such 
        Act (8 U.S.C. 1154) for classification under section 203(b)(4) 
        of such Act (8 U.S.C. 1153(b)(4));
            (2) the alien is otherwise eligible to receive an immigrant 
        visa; and
            (3) the alien is otherwise admissible to the United States 
        for permanent residence (excluding the grounds for 
        inadmissibility specified in section 212(a)(4) of such Act (8 
        U.S.C. 1182(a)(4))).
    (b) Aliens Described.--
            (1) In general.--An alien described in this subsection--
                    (A)(i) is a citizen or national of Syria or a 
                stateless person who has habitually resided in Syria;
                    (ii) has partnered with, was employed by, or worked 
                for or directly with the United States Government in 
                Syria as an interpreter, translator, intelligence 
                analyst, or in another sensitive and trusted capacity, 
                on or after January 1, 2014, for an aggregate period of 
                not less than 1 year; and
                    (iii) provided service to the United States efforts 
                against the Islamic State, which has been documented in 
                a positive recommendation or evaluation; or
                    (B)(i) is the spouse or child of a principal alien 
                described in subparagraph (A); and
                    (ii)(I) is following or accompanying to join the 
                principal alien in the United States; or
                    (II) due to the death of the principal alien, a 
                petition to follow or accompany to joint the principal 
                alien in the United States--
                            (aa) was revoked, terminated, or otherwise 
                        rendered null; and
                            (bb) would have been approved if the 
                        principal alien had survived.
            (2) Employment requirements.--An application by a surviving 
        spouse or a child of a principal alien shall be subject to the 
        employment requirements set forth in paragraph (1)(A)--
                    (A) as of the date on which the principal alien 
                first filed an application for special immigrant 
                status; or
                    (B) if no such application has been filed, the 
                employment requirements as of the date on which the 
                principal alien died.
    (c) Membership in Certain Syrian Organizations.--An applicant for 
admission to the United States under this section may not be deemed 
inadmissible based on membership in, participation in, or support 
provided to, the Syrian Democratic Forces or other partner 
organizations as determined by the Secretary of Defense.
    (d) Numerical Limitations.--
            (1) In general.--Except as otherwise provided under this 
        subsection, the total number of principal aliens who may be 
        provided special immigrant status under this section may not 
        exceed 4,000 in any of the 5 fiscal years beginning after the 
        date of the enactment of this Act.
            (2) Exclusion from numerical limitations.--Aliens provided 
        special immigrant status under this section shall not be 
        counted against any numerical limitation under section 201(d), 
        202(a), or 203(b)(4) of the Immigration and Nationality Act (8 
        U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
            (3) Carry forward.--If the numerical limitation set forth 
        in paragraph (1) is not reached during a fiscal year, the 
        numerical limitation under such paragraph for the following 
        fiscal year shall be increased by a number equal to the 
        difference between--
                    (A) the number of visas authorized under paragraph 
                (1) for such fiscal year; and
                    (B) the number of principal aliens provided special 
                immigrant status under this section during such fiscal 
                year.
    (e) Visa and Passport Issuance and Fees.--An alien described in 
subsection (b) may not be charged any fee in connection with an 
application for, or the issuance of, a special immigrant visa under 
this section. The Secretary of State shall ensure that aliens who are 
issued a special immigrant visa under this section are provided with an 
appropriate passport necessary for admission to the United States.
    (f) Protection of Aliens.--The Secretary of State, in consultation 
with other relevant Federal agencies, shall provide an alien described 
in subsection (b) who is applying for a special immigrant visa with 
protection or the immediate removal from Syria or other nearby 
countries if the Secretary determines that such alien is in imminent 
danger.
    (g) Application Process.--
            (1) Representation.--An alien applying for admission to the 
        United States as a special immigrant under this section may be 
        represented during the application process, including at 
        relevant interviews and examinations, by an attorney or other 
        accredited representative. Such representation shall not be at 
        the expense of the United States Government.
            (2) Completion.--The Secretary of State and the Secretary 
        of Homeland Security, in consultation with the Secretary of 
        Defense, shall ensure that applications for special immigrant 
        visas under this section are processed in such a manner to 
        ensure that all steps under the control of the respective 
        departments incidental to the issuance of such visas, including 
        required screenings and background checks, are completed not 
        later than 9 months after the date on which an eligible alien 
        submits all required materials to apply for such visa.
            (3) Rule of construction.--Notwithstanding paragraph (2), 
        any Secretary referred to in paragraph (2) may take longer than 
        9 months to complete the steps incidental to issuing a visa 
        under this section if the Secretary, or the designee of the 
        Secretary--
                    (A) determines that the satisfaction of national 
                security concerns requires additional time; and
                    (B) notifies the applicant of such determination.
            (4) Appeal.--An alien whose petition for status as a 
        special immigrant is rejected or revoked--
                    (A) shall receive a written decision that provides, 
                to the maximum extent feasible, information describing 
                the basis for the denial, including the facts and 
                inferences underlying the individual determination; and
                    (B) shall be provided not more than 1 written 
                appeal per rejection or denial, which--
                            (i) shall be submitted not more than 120 
                        days after the date on which the applicant 
                        receives a decision pursuant to subparagraph 
                        (A);
                            (ii) may request the reopening of such 
                        decision; and
                            (iii) shall provide additional information, 
                        clarify existing information, or explain any 
                        unfavorable information.
    (h) Eligibility for Other Immigrant Classification.--An alien may 
not be denied the opportunity to apply for admission under this section 
solely because such alien qualifies as an immediate relative of a 
national of the United States or is eligible for admission to the 
United States under any other immigrant classification.
    (i) Resettlement Support.--An alien who is granted special 
immigrant status under this section shall be eligible for the same 
resettlement assistance, entitlement programs, and other benefits as is 
available to refugees admitted under section 207 of the Immigration and 
Naturalization Act (8 U.S.C. 1157).
    (j) Authority To Carry Out Administrative Measures.--The Secretary 
of Homeland Security and the Secretary of State shall implement any 
additional administrative measures as they consider necessary and 
appropriate--
            (1) to ensure the prompt processing of applications under 
        this section;
            (2) to preserve the integrity of the program established 
        under this section; and
            (3) to protect the national security interests of the 
        United States related to such program.
    (k) Rulemaking.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
promulgate regulations to carry out this section, including 
establishing requirements for background checks.

SEC. 3. SPECIAL IMMIGRANT STATUS REPORTING REQUIREMENT.

    (a) In General.--The Inspector General of the Department of State 
shall submit an annual report described in subsection (b), no later 
than January 30 of each year, with a classified annex if necessary, 
to--
            (1) the Committee on Judiciary, the Committee on Foreign 
        Relations, and the Committee on Armed Services of the Senate; 
        and
            (2) the Committee on Judiciary, the Committee on Foreign 
        Affairs, and the Committee on Armed Services of the House of 
        Representatives.
    (b) Contents.--The report submitted under subsection (a) shall 
evaluate the implementation of the Syrian special immigrant status 
program under section 2, including, for the previous calendar year--
            (1) the number of petitions filed;
            (2) the number of petitions--
                    (A) pending adjudication;
                    (B) pending visa interview; and
                    (C) pending security checks;
            (3) the number of petitions that were denied;
            (4) the number of cases that have exceeded the mandated 
        processing time and relevant case numbers; and
            (5) an accounting of any obstacles discovered that would 
        hinder effective implementation of the program.
    (c) Consultation.--In preparing the report under subsection (a), 
the Inspector General shall consult with--
            (1) the Department of State, Bureau of Consular Affairs, 
        Visa Office;
            (2) the Department of State, Bureau of Near Eastern Affairs 
        and South and Central Asian Affairs, Executive Office;
            (3) the United States embassy in Kabul, Afghanistan, 
        Consular Section;
            (4) the United States embassy in Baghdad, Iraq, Consular 
        Section;
            (5) the Department of Homeland Security, U.S. Citizenship 
        and Immigration Services;
            (6) the Department of Defense; and
            (7) nongovernmental organizations providing legal aid in 
        the special immigrant visa application process.
    (d) Publication.--The non-classified portion of the report 
described in this section shall be published on the website of the 
Department of State.
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