[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1080 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1080

  To designate residents of the Xinjiang Uyghur Autonomous Region as 
  Priority 2 refugees of special humanitarian concern, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2021

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

_______________________________________________________________________

                                 A BILL


 
  To designate residents of the Xinjiang Uyghur Autonomous Region as 
  Priority 2 refugees of special humanitarian concern, 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 ``Uyghur Human Rights Protection 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Government of the People's Republic of China 
        (referred to in this section as the ``PRC'') has a long history 
        of repressing Turkic Muslims and other predominantly Muslim 
        ethnic groups, particularly Uyghurs, living in the Xinjiang 
        Uyghur Autonomous Region (referred to in this section as 
        ``Xinjiang''). Central and regional Chinese government policies 
        have systematically discriminated against and oppressed these 
        groups by denying them a range of civil and political rights, 
        particularly freedom of religion.
            (2) In May 2014, the PRC Government launched its ``Strike 
        Hard Against Violent Terrorism'' campaign, using wide-scale, 
        internationally linked threats of terrorism as a pretext to 
        justify pervasive restrictions on, and serious human rights 
        violations against, members of predominantly Muslim communities 
        in Xinjiang. The August 2016 promotion of former Tibet 
        Autonomous Region Party Secretary Chen Quanguo, whose record of 
        brutality distinguished his tenure in Tibet, to be a Politburo 
        member and Party Secretary of Xinjiang accelerated the 
        crackdown across the region.
            (3) Scholars, human rights organizations, journalists, and 
        think tanks have provided ample evidence substantiating the 
        establishment by the PRC Government of internment camps. Since 
        2017, the PRC Government has detained more than 1,000,000 
        Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other 
        predominantly Muslim groups in these camps.
            (4) The PRC Government's actions against Uyghurs, ethnic 
        Kazakhs, Kyrgyz, and members of other predominantly Muslim 
        groups in Xinjiang violate international human rights laws and 
        norms, including--
                    (A) the International Convention on the Elimination 
                of All Forms of Racial Discrimination, done at New York 
                December 21, 1965, to which the PRC has acceded;
                    (B) the Convention against Torture and Other Cruel, 
                Inhuman or Degrading Treatment or Punishment, done at 
                New York December 10, 1984, which the PRC has signed 
                and ratified;
                    (C) the Convention on the Prevention and Punishment 
                of the Crime of Genocide, done at Paris December 9, 
                1948, which the PRC has signed and ratified;
                    (D) the International Covenant on Civil and 
                Political Rights, done at New York December 19, 1966, 
                which the PRC has signed; and
                    (E) the Universal Declaration of Human Rights, 
                adopted December 10, 1948, and the International Labor 
                Organization's Forced Labor Convention (No. 29) and 
                Convention Concerning the Abolition of Forced Labor 
                (No. 105).
            (5) Senior Chinese Communist Party officials bear direct 
        responsibility for gross human rights violations committed 
        against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other 
        predominantly Muslim groups, including--
                    (A) the arbitrary detention of more than 1,000,000 
                Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other 
                predominantly Muslim groups;
                    (B) the separation of working age adults from their 
                children and elderly parents; and
                    (C) the integration of forced labor into supply 
                chains.
            (6) People held arbitrarily in detention facilities and 
        internment camps in Xinjiang--
                    (A) have described forced political indoctrination, 
                torture, beatings, food deprivation, sexual assault, 
                coordinated campaigns to reduce birth rates among 
                Uyghurs and other Turkic Muslims through forced 
                sterilizations and forced abortions, and denial of 
                religious, cultural, and linguistic freedoms; and
                    (B) have confirmed that they were told by guards 
                that the only way to secure their release was to 
                demonstrate adequate political loyalty.
            (7) Poor conditions and lack of medical treatment at such 
        detention facilities and internment camps appear to have 
        contributed to the deaths of some detainees, including the 
        elderly and infirm. Recent media reports indicate that since 
        2019 the PRC Government has newly constructed, expanded, or 
        fortified at least 60 detention facilities with higher security 
        or prison-like features.
            (8) In September 2018, United Nations High Commissioner for 
        Human Rights Michelle Bachelet noted the ``deeply disturbing 
        allegations of large-scale arbitrary detentions of Uighurs and 
        other predominantly Muslim communities, in so-called 
        reeducation camps across Xinjiang''.
            (9) In 2019, the Congressional-Executive Commission on 
        China concluded, based on available evidence, that the 
        establishment and actions committed in the internment camps in 
        Xinjiang may constitute ``crimes against humanity''.
            (10) Uyghurs and ethnic Kazaks resettled or residing in 
        third countries report being subjected to threats and 
        harassment from PRC officials.
            (11) There is a backlog of approximately 3,600,000 visa 
        applicants waiting to enter the United States. Wait times for 
        certain visas range between 5 and 18 years.

SEC. 3. DESIGNATION OF CERTAIN RESIDENTS OF THE XINJIANG UYGHUR 
              AUTONOMOUS REGION.

    (a) In General.--Persons of special humanitarian concern eligible 
for Priority 2 processing under the refugee resettlement priority 
system shall include--
            (1) Uyghurs and members of other predominately Turkic or 
        Muslim ethnic groups, including Kazakhs and Kyrgyz, who are 
        residents of, or fled from, the Xinjiang Uyghur Autonomous 
        Region and who suffered persecution or have a well-founded fear 
        of persecution on account of their imputed or actual religious 
        or ethnic identity;
            (2) Uyghurs and members of other predominately Turkic or 
        Muslim ethnic groups, including Kazakhs and Kyrgyz, who have 
        been formally charged, detained, or convicted by the Government 
        of the People's Republic of China on account of their peaceful 
        actions in the Xinjiang Uyghur Autonomous Region, as described 
        in the Uyghur Human Rights Policy Act of 2020 (Public Law 116-
        145); and
            (3) the spouses, children, and parents (as such terms are 
        defined in subsections (a) and (b) of section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101)) of individuals 
        described in paragraph (1) or (2), except such parents who are 
        citizens of a country other than the People's Republic of 
        China.
    (b) Processing of Xinjiang Uyghur Autonomous Region Refugees.--The 
processing of individuals described in subsection (a) for 
classification as refugees may occur in China or in another foreign 
country.
    (c) Eligibility for Admission as Refugees.--An alien may not be 
denied the opportunity to apply for admission as a refugee under this 
section primarily because such alien--
            (1) qualifies as an immediate relative of a citizen of the 
        United States; or
            (2) is eligible for admission to the United States under 
        any other immigrant classification.
    (d) Facilitation of Admissions.--Certain applicants for admission 
to the United States from the Xinjiang Uyghur Autonomous Region may not 
be denied primarily on the basis of a politically motivated arrest, 
detention, or other adverse government action taken against such 
applicant as a result of the participation by such applicant in 
religious, cultural, or protest activities.
    (e) Bilateral Diplomacy.--The Secretary of State shall prioritize 
bilateral diplomacy with foreign countries hosting former residents of 
the Xinjiang Uyghur Autonomous Region who face significant diplomatic 
pressure from the Government of the People's Republic of China.
    (f) Exclusion From Numerical Limitations.--Aliens eligible for 
Priority 2 processing under this section who are provided refugee 
status shall not be counted against any numerical limitation under 
section 201, 202, 203, or 207 of the Immigration and Nationality Act (8 
U.S.C. 1151, 1152, 1153, and 1157).
    (g) Reporting Requirements.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and every 180 days thereafter, the 
        Secretary of State and the Secretary of Homeland Security shall 
        jointly submit a report containing the matters described in 
        paragraph (2) to--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on the Judiciary of the House of 
                Representatives; and
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives.
            (2) Matters to be included.--Each report required under 
        paragraph (1) shall include--
                    (A) the total number of applications from 
                individuals described in subsection (a) that are 
                pending at the end of the reporting period;
                    (B) the average wait-times and the number of such 
                applicants who, at the end of the reporting period, are 
                waiting for--
                            (i) a prescreening interview with a 
                        resettlement support center;
                            (ii) an interview with U.S. Citizenship and 
                        Immigration Services;
                            (iii) the completion of security checks; or
                            (iv) receipt of a final decision after 
                        completion of an interview with U.S. 
                        Citizenship and Immigration Services; and
                    (C) the number of individuals who applied for 
                refugee status under this section whose application was 
                denied, disaggregated by the reason for each such 
                denial.
            (3) Form.--Each report required under paragraph (1) shall 
        be submitted in unclassified form, but may include a classified 
        annex.
            (4) Public reports.--The Secretary of State shall make each 
        report submitted under this subsection available to the public 
        on the internet website of the Department of State.
    (h) Satisfaction of Other Requirements.--Aliens eligible under this 
section for Priority 2 processing under the refugee resettlement 
priority system shall be considered to satisfy the requirements under 
section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) for 
admission to the United States.

SEC. 4. WAIVER OF IMMIGRANT STATUS PRESUMPTION.

    (a) In General.--The presumption under the first sentence of 
section 214(b) of the Immigration and Nationality Act (8 U.S.C. 
1184(b)) that every alien is an immigrant until the alien establishes 
that the alien is entitled to nonimmigrant status shall not apply to an 
alien described in subsection (b).
    (b) Alien Described.--
            (1) In general.--Subject to paragraph (2), an alien 
        described in this subsection is an alien who--
                    (A)(i) is an Uyghur or a member of another 
                predominately Turkic or Muslim ethnic group, including 
                Kazakhs and Kyrgyz, and was a resident of the Xinjiang 
                Uyghur Autonomous Region on January 1, 2021; or
                    (ii) fled the Xinjiang Uyghur Autonomous Region 
                after June 30, 2009, and resides in a different 
                province of China or in another foreign country;
                    (B) is seeking entry to the United States to apply 
                for asylum under section 208 of the Immigration and 
                Nationality Act (8 U.S.C. 1158); and
                    (C) is facing repression in the Xinjiang Uyghur 
                Autonomous Region by the Government of the People's 
                Republic of China including--
                            (i) forced and arbitrary detention 
                        including in internment and reeducation camps;
                            (ii) forced political indoctrination, 
                        torture, beatings, food deprivation, and denial 
                        of religious, cultural, and linguistic 
                        freedoms;
                            (iii) forced labor;
                            (iv) forced separation from family members; 
                        or
                            (v) other forms of systemic threats, 
                        harassment, and gross human rights violations.
            (2) Exclusion.--An alien described in this subsection does 
        not include any alien who--
                    (A) is a citizen or permanent resident of a country 
                other than the People's Republic of China; or
                    (B) is determined to have committed a gross 
                violation of human rights.
    (c) Intention To Abandon Foreign Residence.--The filing by an alien 
described in subsection (b) of an application for a preference status 
under section 204 of the Immigration and Nationality Act (8 U.S.C. 
1154) or otherwise seeking permanent residence in the United States 
shall not be deemed as evidence of the alien's intention to abandon a 
foreign residence for purposes of obtaining a visa as a nonimmigrant 
described in subparagraph (H)(i)(b), (H)(i)(c), (L), or (V) of section 
101(a)(15) of such Act (8 U.S.C. 1101(a)(15)) or otherwise obtaining or 
maintaining the status of a nonimmigrant described in any such 
subparagraph if the alien had obtained a change of status under section 
208 of such Act to a classification as such a nonimmigrant before the 
alien's most recent departure from the United States.

SEC. 5. REFUGEE AND ASYLUM DETERMINATIONS UNDER THE IMMIGRATION AND 
              NATIONALITY ACT.

    (a) Persecution on Account of Political, Religious, or Cultural 
Expression or Association.--
            (1) In general.--An alien who is within a category of 
        aliens established under this Act may establish, for purposes 
        of admission as a refugee under section 207 of the Immigration 
        and Nationality Act (8 U.S.C. 1157), that the alien has a well-
        founded fear of persecution on account of race, religion, 
        nationality, membership in a particular social group, or 
        political opinion by asserting such a fear and asserting a 
        credible basis for concern about the possibility of such 
        persecution.
            (2) Nationals of the people's republic of china.--For 
        purposes of refugee determinations under this Act in accordance 
        with section 207 of the Immigration and Nationality Act (8 
        U.S.C. 1157), a national of the People's Republic of China 
        whose residency in the Xinjiang Uyghur Autonomous Region, or 
        any other area within the jurisdiction of the People's Republic 
        of China, as determined by the Secretary of State, is revoked 
        for having submitted to any United States Government agency a 
        nonfrivolous application for refugee status, asylum, or any 
        other immigration benefit under the immigration laws shall be 
        considered to have suffered persecution on account of political 
        opinion.
    (b) Changed Circumstances.--For purposes of asylum determinations 
under this Act in accordance with section 208 of the Immigration and 
Nationality Act (8 U.S.C. 1158), the revocation of the citizenship, 
nationality, or residency of an individual for having submitted to any 
United States Government agency a nonfrivolous application for refugee 
status, asylum, or any other immigration benefit under the immigration 
laws shall be considered to be changed circumstances under subsection 
(a)(2)(D) of such section.

SEC. 6. STATEMENT OF POLICY ON ENCOURAGING ALLIES AND PARTNERS TO MAKE 
              SIMILAR ACCOMMODATIONS.

    It is the policy of the United States to encourage allies and 
partners of the United States to make accommodations similar to the 
accommodations made under this Act for Uyghurs and members of other 
predominately Turkic or Muslim ethnic groups, including Kazakhs and 
Kyrgyz, who were previously residents of the Xinjiang Uyghur Autonomous 
Region and are fleeing oppression by the Government of the People's 
Republic of China.

SEC. 7. SUNSET CLAUSE.

    This Act shall cease to have effect on the date that is 10 years 
after the date of the enactment of this Act.
                                 <all>