[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5330 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5330

   To protect stateless persons in the United States, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 21, 2022

  Mr. Cardin introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To protect stateless persons in the United States, 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 ``Stateless Protection Act of 2022''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to resolve the status of stateless persons in the 
        United States and to promote their access to fundamental human 
        rights and human dignity; and
            (2) to prevent statelessness from occurring under United 
        States law or on United States territory.

SEC. 3. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) The international community has recognized the 
        significance of the right to a nationality in the International 
        Covenant on Civil and Political Rights, done at New York 
        December 16, 1966, to which the United States is a signatory, 
        as well as the Universal Declaration of Human Rights and 
        numerous international treaties, including the Convention 
        Relating to the Status of Stateless Persons, done at New York 
        September 28, 1954, and the Convention on the Reduction of 
        Statelessness, done at New York August 30, 1961.
            (2) Statelessness is an abhorrent violation of fundamental 
        human rights and human dignity, and a life of statelessness has 
        been recognized by the Supreme Court of the United States as a 
        form of punishment more primitive than torture.
            (3) Government action and inaction causes statelessness; 
        therefore, governments have the power to resolve and prevent 
        statelessness.
            (4) The United Nations High Commissioner for Refugees--
                    (A) is the United Nations agency responsible for 
                preventing and reducing statelessness; and
                    (B) estimates that there are more than 4,200,000 
                stateless persons worldwide.
            (5) A 2020 study found that there are approximately 218,000 
        individuals living in the United States who are stateless or at 
        risk of statelessness.
            (6) Stateless individuals live in all 50 States, and many 
        such individuals have lived in the United States for years or 
        decades without relief.
            (7) Despite the presence of stateless persons in the United 
        States, there is no law relating to the identification of 
        stateless persons in the United States or to provide them with 
        a path to legal status.
            (8) Stateless persons generally--
                    (A) live without the means to work legally or to 
                travel; and
                    (B) face barriers in opening bank accounts, 
                pursuing higher education, and obtaining health care.
            (9) If detained for removal from the United States, a 
        stateless person is often subjected to prolonged detention and 
        cannot be removed because no country recognizes the person as 
        its citizen.
    (b) Sense of Congress.--It is the sense of Congress that to resolve 
statelessness and its related human suffering, lost potential, and 
societal impacts, the United States should--
            (1) provide a legal status to protect stateless persons; 
        and
            (2) urge the international community to take strong action 
        to prevent statelessness globally.

SEC. 4. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after 
section 245A the following:

``SEC. 245B. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.

    ``(a) Definitions.--In this section:
            ``(1) Competent authority.--With respect to a foreign 
        country, the term `competent authority'--
                    ``(A) means the authority responsible for--
                            ``(i) conferring nationality on, or 
                        withdrawing nationality from, individuals; or
                            ``(ii) in the case of nationality having 
                        been acquired or withdrawn automatically, 
                        clarifying the nationality status of an 
                        individual; and
                    ``(B) includes a Federal, local, or regional 
                government entity, a consular official, and a 
                government official at any level, notwithstanding any 
                process by which a decision by such an entity or 
                official may later be overridden.
            ``(2) National; nationality.--The terms `national' and 
        `nationality'--
                    ``(A) refer to a formal link, of a political and 
                legal character, between an individual and a country; 
                and
                    ``(B) do not include the concept of nationality 
                relating to membership in a religious, linguistic, or 
                ethnic group.
            ``(3) Noncitizen.--The term `noncitizen' has the meaning 
        given the term `alien' in section 101(a).
            ``(4) Operation of law; operation of its law.--The terms 
        `operation of law' and `operation of its law'--
                    ``(A) refer to the consideration by a competent 
                authority of a country with respect to an individual in 
                practice, including under the legislation, ministerial 
                decrees, regulations, orders, judicial case law, and 
                customary practices of the competent authority; and
                    ``(B) include situations in which the position of 
                the competent authority differs from the law as 
                written, if the position of the competent authority 
                that an individual is not a national of the country is 
                determinative.
            ``(5) Relevant association.--The term `relevant 
        association' means a natural person's connection to a country 
        through--
                    ``(A) birth on the territory of the country;
                    ``(B) descent from 1 or more individuals who are 
                nationals of the country;
                    ``(C) marriage to an individual who is a national 
                of the country;
                    ``(D) adoption by an individual who is a national 
                of the country; or
                    ``(E) habitual residence in the country.
            ``(6) Stateless person.--The term `stateless person' means 
        an individual who is not considered as a national by any state 
        under the operation of its law.
    ``(b) Mechanisms for Regularizing the Status of Stateless 
Persons.--
            ``(1) Stateless protected status.--
                    ``(A) Principal applicants.--Notwithstanding any 
                other provision of law, the Secretary of Homeland 
                Security shall provide stateless protected status to a 
                noncitizen who--
                            ``(i) is a stateless person present in the 
                        United States;
                            ``(ii) applies for such relief;
                            ``(iii) has not formally renounced his or 
                        her nationality as a result of voluntary, 
                        affirmative, and intentional action after 
                        arrival in the United States and after the date 
                        of the enactment of this section, unless the 
                        renunciation was the result of duress, 
                        coercion, or a reasonable expectation that the 
                        noncitizen had acquired or would acquire 
                        another nationality or citizenship;
                            ``(iv) is not inadmissible under 212(a)(3), 
                        except as provided in paragraph (2) of this 
                        subsection; and
                            ``(v) is not described in section 
                        241(b)(3)(B)(i).
                    ``(B) Treatment of spouse and children.--
                Notwithstanding any other provision of law, the 
                Secretary of Homeland Security shall provide stateless 
                protected status to a noncitizen who--
                            ``(i) is the spouse or child of a 
                        noncitizen described in subparagraph (A), if 
                        such spouse or child is not otherwise eligible 
                        for admission under that subparagraph;
                            ``(ii) is accompanying, or following to 
                        join, such noncitizen;
                            ``(iii) established the qualifying 
                        relationship to such noncitizen before the date 
                        on which such noncitizen applied for stateless 
                        protected status;
                            ``(iv) is not inadmissible under 212(a)(3), 
                        except as provided in paragraph (2) of this 
                        subsection; and
                            ``(v) is not described in section 
                        241(b)(3)(B)(i).
                    ``(C) Stateless protected status.--Noncitizens with 
                stateless protected status--
                            ``(i) shall--
                                    ``(I) receive relevant protections 
                                against deportation, removal, and 
                                detention, as described in paragraph 
                                (3);
                                    ``(II) be authorized for 
                                employment, as described in paragraph 
                                (4); and
                                    ``(III) be eligible to apply for a 
                                travel document, as described in 
                                paragraph (5); and
                            ``(ii) shall not face limitations from 
                        immigration enforcement officials on their 
                        domestic travel.
                    ``(D) Concurrent grant of lawful permanent 
                residence.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), notwithstanding any other 
                        provision of law, immediately on granting 
                        stateless protected status to a noncitizen, the 
                        Secretary of Homeland Security shall adjust the 
                        status of the noncitizen to that of a 
                        noncitizen lawfully admitted for permanent 
                        residence.
                            ``(ii) Exception.--The Secretary of 
                        Homeland Security may not adjust the status of 
                        a noncitizen with stateless protected status 
                        who is inadmissible under section 212(a)(2).
            ``(2) Waivers.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Secretary of Homeland Security 
                may, for humanitarian purposes, in the interests of 
                access to fundamental or enabling rights, to ensure 
                family unity, or when it is otherwise in the public 
                interest, waive the operation of the grounds of 
                inadmissibility set forth in paragraphs (2) and (3) of 
                section 212(a), for relief under this section.
                    ``(B) Factors.--In making a determination under 
                subparagraph (A), the Secretary of Homeland Security 
                shall consider all relevant factors, including--
                            ``(i) mitigating and aggravating factors of 
                        the basis for inadmissibility;
                            ``(ii) the duration of the noncitizen's 
                        residence in the United States; and
                            ``(iii) the degree to which the 
                        noncitizen's removal, or denial of the 
                        noncitizen's application, would adversely 
                        affect the noncitizen or the noncitizen's 
                        United States citizen or lawful permanent 
                        resident family members.
            ``(3) Release from post-removal detention.--A grant of 
        stateless protected status under this section shall--
                    ``(A) trigger immediate release of an individual 
                from post-removal detention;
                    ``(B) be considered to establish that there is no 
                significant likelihood of the individual's removal in 
                the reasonably foreseeable future; and
                    ``(C) establish a presumption that travel documents 
                are not available for the individual.
            ``(4) Employment authorization.--
                    ``(A) In general.--An individual granted stateless 
                protected status under this section shall receive 
                employment authorization for a renewable period not 
                less than 5 years.
                    ``(B) Pending application.--
                            ``(i) In general.--During the 150-day 
                        period after the date on which an application 
                        for status under this section is submitted, the 
                        Secretary of Homeland Security may authorize 
                        the applicant to engage in employment in the 
                        United States.
                            ``(ii) Mandatory employment 
                        authorization.--If the Secretary of Homeland 
                        Security has not issued a decision within the 
                        150-day period beginning on the date on which 
                        an application for status under this section is 
                        submitted, the Secretary of Homeland Security 
                        shall authorize the applicant to engage in 
                        employment in the United States until the date 
                        on which a decision is issued on the 
                        application for lawful permanent residence or 
                        stateless protected status.
            ``(5) Travel documents.--
                    ``(A) In general.--On request, the Secretary of 
                Homeland Security shall provide to any noncitizen 
                granted relief under this section, a travel document 
                that facilitates the noncitizen's ability to travel 
                abroad and to be admitted to the United States upon 
                return.
                    ``(B) Validity.--The minimum period of validity for 
                a document issued under subparagraph (A) shall be 10 
                years.
            ``(6) Naturalization.--Notwithstanding any other provision 
        of law, an individual granted lawful permanent residence status 
        under paragraph (1)(D) may apply for naturalization after 
        having resided continuously in the United States for at least 3 
        years beginning on the date on which such individual is granted 
        lawful permanent resident status.
    ``(c) Evidentiary Matters.--
            ``(1) In general.--In determining if an individual is a 
        stateless person under this section, the Secretary of Homeland 
        Security shall consider and obtain any credible evidence 
        relevant to the application, including information from--
                    ``(A) the Department of State, particularly the 
                Bureau of Population, Refugees, and Migration and the 
                Bureau of Democracy, Human Rights, and Labor; and
                    ``(B) relevant international and foreign bodies, 
                such as the United Nations High Commissioner for 
                Refugees, nongovernmental organizations, and the 
                competent authorities of other countries.
            ``(2) Designation of specific groups of stateless 
        persons.--The Secretary of Homeland Security, in consultation 
        with the Secretary of State, may designate 1 or more specific 
        groups of individuals who shall be considered stateless persons 
        for purposes of this section, and a noncitizen who belongs to a 
        group so designated shall be considered a stateless person.
            ``(3) Burden of proof.--The burden of proof with respect to 
        evidentiary matters relating to an application under this 
        section shall be shared between the Secretary of Homeland 
        Security and the applicant.
            ``(4) Standard of proof.--
                    ``(A) In general.--A noncitizen shall be considered 
                to be a stateless person if it is established to a 
                reasonable degree that the noncitizen meets the 
                definition of the term `stateless person' under this 
                section.
                    ``(B) Assessment of nationality.--The nationality 
                of an individual shall be assessed as of the date on 
                which a determination of eligibility under this section 
                is made.
            ``(5) Submission of documentary evidence.--
                    ``(A) Supporting documents from applicant.--An 
                applicant for relief under this section shall submit, 
                as part of the application for such relief--
                            ``(i) a full and truthful account, to the 
                        best of the noncitizen's knowledge, of such 
                        noncitizen's legal status with regard to any 
                        country in which the applicant was born or 
                        resided before entering the United States or to 
                        which the applicant has a relevant association; 
                        and
                            ``(ii) all evidence reasonably available, 
                        including any valid or expired travel document.
                    ``(B) Evidence available to secretary of homeland 
                security.--The Secretary of Homeland Security shall 
                obtain and submit to the immigration officer or 
                immigration judge and the applicant or, as applicable, 
                the applicant's counsel, all available evidence 
                regarding the legal status of the applicant in the 
                applicant's country of birth or prior residence or any 
                country to which the applicant has a relevant 
                association, including information on the relevant laws 
                and practices of the countries concerned.
                    ``(C) Consideration of response.--The Secretary of 
                Homeland Security may consider as substantial evidence 
                that an individual is not considered by a country to be 
                national of the country the following:
                            ``(i) After 120 days have elapsed after the 
                        Secretary of Homeland Security has requested 
                        information from the country with respect to 
                        the nationality status of the individual, the 
                        lack of response from the competent authority 
                        of the country.
                            ``(ii) A pro forma response from the 
                        country that lacks an application of the law or 
                        facts to the particular individual.
                            ``(iii) The refusal of the country to 
                        accept the individual for deportation or 
                        removal.
    ``(d) Fees.--The Secretary of Homeland Security may not charge a 
noncitizen any fee in connection with an application for, or issuance 
of, lawful status under this section, employment authorization, or 
travel documents.
    ``(e) Jurisdiction and Review.--
            ``(1) In general.--The Director of U.S. Citizenship and 
        Immigration Services shall have jurisdiction over an 
        application for stateless protected status and adjustment of 
        status filed by a noncitizen under this section.
            ``(2) Review.--A denial by the Secretary of Homeland 
        Security of an application for relief under this section shall 
        be subject to review by the Administrative Appeals Office of 
        U.S. Citizenship and Immigration Services.
    ``(f) Effect on Removal Proceedings.--With respect to a noncitizen 
in removal proceedings who files an application for relief under this 
section, the Attorney General shall postpone the removal proceedings 
pending the adjudication of the application.
    ``(g) Applicants With Final Orders of Removal.--
            ``(1) Motions to reopen.--
                    ``(A) In general.--A noncitizen whose removal, 
                deportation, or exclusion proceedings were concluded 
                before the date of the enactment of this section, and 
                who is eligible for relief under this section, may file 
                1 motion to reopen proceedings to apply for such relief 
                not later than 1 year after the date of the enactment 
                of this section.
                    ``(B) Effect of limitations.--A time or numerical 
                limitation on motions to reopen removal, deportation, 
                or exclusion proceedings may not be construed to 
                restrict the filing of a motion to reopen under this 
                paragraph if such limitation is based on previously 
                unavailable evidence or facts, or on changed facts or 
                circumstances, including a discovery by a noncitizen 
                that the noncitizen may be a stateless person.
            ``(2) Stay of removal.--
                    ``(A) In general.--An applicant for relief under 
                this section who has been issued a final order of 
                removal, deportation, or exclusion may request a stay 
                of removal, deportation, or exclusion.
                    ``(B) Consideration of request.--With respect to an 
                individual who requests a stay under subparagraph (A), 
                if the Secretary of Homeland Security determines that 
                the application for relief is bona fide, the Secretary 
                shall automatically stay the execution of the final 
                order of deportation, exclusion, or removal, and the 
                stay will remain in effect until a final decision is 
                made on the applications.
                    ``(C) Effect of denial.--If the application is 
                denied, the stay of the final order is deemed lifted as 
                of the date of such denial, without regard to whether 
                the noncitizen appeals the decision.
            ``(3) Termination.--On the grant of an application for 
        relief under this section to a noncitizen with a final order of 
        removal, deportation, or exclusion, the final order shall be 
        deemed canceled by operation of law as of the date of the 
        approval.
    ``(h) Exclusion From Numerical Limitations.--Individuals provided 
status under this section shall not be counted against any numerical 
limitation under section 201(d), 202(a), or 203(b)(4).
    ``(i) Rule of Construction.--Nothing in this section may be 
construed to authorize or require the admission of any noncitizen to 
the United States.
    ``(j) Reports.--
            ``(1) In general.--Not later than 120 days after the date 
        of the enactment of this section, and every 90 days thereafter, 
        the Secretary of Homeland Security shall submit to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives a report on--
                    ``(A) the number of applications submitted under 
                each of paragraphs (1), (4), and (5) of subsection (b) 
                since the date of the enactment of this section, 
                disaggregated by the country of birth of the 
                applicants; and
                    ``(B) average timelines for processing each such 
                application.
            ``(2) Public availability.--The Secretary of Homeland 
        Security shall publish each report submitted under paragraph 
        (1) on the internet website of the Department of Homeland 
        Security, respectively.
    ``(k) Publication of Guidance.--Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall publish all policy manuals, guidance, and application 
instructions relating to applications under this section on the 
internet website of the Department of Homeland Security.
    ``(l) Regulations.--The Secretary of Homeland Security may issue 
such regulations as the Secretary of Homeland Security considers 
appropriate to carry out this section.''.
    (b) Technical and Conforming Amendments.--
            (1) Table of contents.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
        amended by inserting after the item relating to section 245A 
        the following:

``Sec. 245B. Protection of stateless persons in the United States.''.
            (2) Exception for unlawful presence of stateless persons.--
        Section 212(a)(9)(B)(iii) of the Immigration and Nationality 
        Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the 
        end the following:
                                    ``(V) Stateless persons.--Clause 
                                (i) shall not apply to a noncitizen who 
                                demonstrates that he or she is a 
                                stateless person (as defined in section 
                                245B(a)).''.

SEC. 5. PREVENTION OF STATELESSNESS.

    (a) Births to United States Citizens Overseas.--Section 301 of the 
Immigration and Nationality Act (8 U.S.C. 1401) is amended--
            (1) in subsection (g), by striking ``; and'' and inserting 
        a semicolon;
            (2) in subsection (h), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
    ``(i) a person born to a citizen of the United States outside the 
United States or in an outlying possession of the United States, if 
such person is born as a stateless person (as defined in section 
245B(a)).''.
    (b) Foundlings.--Section 301 of the Immigration and Nationality Act 
(8 U.S.C. 1401) is further amended by striking subsection (f) and 
inserting the following:
    ``(f) a person of unknown parentage found in the United States 
while under the age of 18 years, until shown, prior to the person 
attaining the age of 21 years, not to have been born in the United 
States;''.
    (c) Stateless Safeguards for Derivative Citizenship and 
International Adoptions.--
            (1) Stateless safeguards.--Section 320 of the Immigration 
        and Nationality Act (8 U.S.C. 1431) is amended by adding at the 
        end the following:
    ``(e)(1) Notwithstanding any other provision of law, a person born 
outside the United States or in an outlying possession who is or 
becomes a stateless person (as defined in section 245B(a)) 
automatically becomes a citizen of the United States on the date on 
which one of the following conditions has been fulfilled:
            ``(A) One parent is or was a citizen of the United States.
            ``(B) The person was adopted by--
                    ``(i) a citizen of the United States; or
                    ``(ii) an individual who became a citizen of the 
                United States after the date of such adoption.
    ``(2) This subsection applies to any person who meets the criteria 
under paragraph (1) at any time.''.
            (2) Age.--Section 320(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1431(a)) is amended by striking paragraph (2) and 
        inserting the following:
            ``(2) The child is under the age of 21 years.''.
            (3) Entry and custody.--Section 320(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1431(a)) is further amended by 
        striking paragraph (3) and inserting the following:
            ``(3) The child is residing in the United States, and 
        provided such child is under the legal age of adulthood in the 
        State in which the parent of the child or the child resides, is 
        in the legal and physical custody of the citizen parent.''.
    (d) Programs To Prevent Statelessness.--The Secretary of Homeland 
Security and Secretary of State shall jointly establish and carry out 
initiatives to prevent statelessness from occurring, which may 
include--
            (1) an assessment of United States citizenship law to 
        determine and amend any provision of law that results in 
        statelessness or a delayed acquisition of nationality that 
        increases the risk of statelessness;
            (2) studies on the profiles and number of stateless people 
        living in the United States;
            (3) programs to promote inclusive and nondiscriminatory 
        nationality laws and practices in other countries, with 
        particular attention to the prevention of atrocity crimes;
            (4) programs to encourage other countries to establish 
        stateless status determination and protection legislation; and
            (5) grants to universities and nongovernmental 
        organizations to accelerate research, education, curricula, and 
        knowledge on nationality law and practice and statelessness.
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