[Congressional Record Volume 156, Number 37 (Monday, March 15, 2010)]
[Senate]
[Pages S1518-S1528]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Levin):
  S. 3113. A bill to amend the Immigration and Nationality Act to 
reaffirm the United States' historic commitment to protecting refugees 
who are fleeing persecution or torture; to the Committee on the 
Judiciary.
  Mr. LEAHY. Mr. President, I am pleased today to introduce the Refugee 
Protection Act of 2010. This week marks the thirtieth anniversary of 
the Refugee Act, which was signed into law on March 17, 1980. In the 
years since, our statute and case law have evolved in ways that place 
unnecessary and harmful barriers before genuine refugees and asylum 
seekers. This bill, which is cosponsored by Senator Levin of Michigan, 
will restore the U.S. as a beacon of hope for those who suffer from 
persecution around the world.
  The Convention Relating to the Status of Refugees was negotiated in 
1951 to protect those who suffered persecution in war-torn Europe prior 
to 1951, yet the U.S. did not sign it at that time. In 1967, the U.S. 
signed and ratified a Protocol to the Convention, which expanded its 
geographic and temporal scope, establishing a definition of refugee 
that applied around the world. It was not until 1980, however, that 
Congress enacted implementing legislation to bring our laws into 
compliance with the Convention and Protocol. During the intervening 
years, our Government acted in an ad hoc manner to bring in refugees 
fleeing Southeast Asia by boat, to protect Jews and other refugees from 
the Soviet bloc, and to provide safety for victims of persecution in 
Africa. Our Nation acted generously in those years, providing aid and 
relief, but our policies needed to be grounded in law.
  The Refugee Act of 1980 was championed by the late Senator Edward 
Kennedy, who fought for decades to protect victims of persecution who 
had been forced to flee their home nations,

[[Page S1519]]

leaving behind livelihood, family, and security. I supported the 
Refugee Act in the 96th Congress, and voted for it when it passed the 
Senate. When the Senate debated the bill, Senator Kennedy spoke of its 
dual goals: to ``welcome homeless refugees to our shores,'' thereby 
embracing ``one of the oldest and most important themes in our Nation's 
history,'' and to ``give statutory meaning to our national commitment 
to human rights and humanitarian concerns.'' 125 Cong. Rec. 23231-32 
Sept. 6, 1979.) We lost our dear friend last year, but we can honor Ted 
Kennedy's memory by carrying forward the mantle of refugee protection.
  The Refugee Protection Act of 2010 contains provisions of a 
bipartisan bill that I previously introduced in the 106th and 107th 
Congresses to repeal the most harsh and unnecessary elements of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a 
law that had tragic consequences for asylum seekers. It also corrects 
agency and court misinterpretations of law that limit access to safety 
in the U.S. for asylum seekers. Finally, it modifies the immigration 
statute to ensure that innocent persons with valid claims are not 
unfairly barred from the U.S. by laws enacted after September 11, 2001, 
while leaving in place provisions that prevent dangerous terrorists 
from manipulating our immigration system.
  In the years since the Refugee Act was enacted, over 2.6 million 
refugees and asylum seekers have been granted protection in the U.S. I 
am proud that my home State of Vermont has long welcomed refugees and 
helped these new Americans to rebuild their lives. More than 5,300 
refugees have been resettled in Vermont since 1989, from countries as 
diverse as Burma, Bhutan, Somalia, Bosnia, and Vietnam. In the early 
days of resettlement, Vermont accepted refugees fleeing persecution 
from Southeast Asia and the Soviet Union, and from the war in the 
former Yugoslavia and the genocide in Rwanda.
  Vermonters' welcoming spirit is illustrated by the ``Lost Boys'' of 
Sudan. Beginning in the 1980s, thousands of boys in Sudan traveled 
hundreds of miles by foot to escape war and ethnic and religious-based 
persecution. Some had seen family members killed before their eyes. 
They walked from nation to nation, searching for safety in Ethiopia and 
Kenya, before reaching camps that helped them find a permanent and 
secure home in the U.S. The first group of Lost Boys arrived in Vermont 
in 2001. Many of them have thrived. I am proud that a number of them 
are now college graduates, and some have attended graduate school.
  Vermonters have made a strong and sustained commitment to assisting 
refugees with resettlement. Caseworkers and volunteers help new 
Americans adjust to the new culture, learn English, and navigate daily 
life, from grocery shopping to public transportation, to school and 
sports programs for their children. The Vermont Refugee Resettlement 
Program has led the effort with its compassionate and experienced 
staff, and a roster of more than 250 volunteers. I also want to 
recognize the organizations, churches, synagogues, and libraries in 
Vermont that have offered support, contributions of food, clothing, 
furniture, English classes, tutoring, and perhaps most importantly, 
companionship and friendship to refugees resettled in our state. These 
groups include the Vermont Refugee Resettlement Program, Vermont 
Immigration and Asylum Advocates, the Association of Africans Living in 
Vermont, the Vermont Agency of Human Services-State Refugee 
Coordinator, Vermont Interfaith Action, the Housing Resource Center, 
the Salvation Army, the First Congregational Church of Burlington, the 
Cathedral Church of St. Paul, the Roman Catholic Diocese of Burlington, 
the Islamic Society of Vermont, Ohavi Zedek Synagogue, the Fletcher 
Free Library, and Vermont Adult Basic Education. These volunteers and 
organizations demonstrate the Vermont spirit of tolerance and 
generosity. They deserve our thanks and praise.
  I am proud of the Vermonters who have devoted countless hours to help 
victims of persecution build new lives in our state. And I am 
continually amazed by the resilience of the refugees and asylees in 
Vermont. Refugees in Vermont enrich the communities in which they live, 
opening small businesses, farming, and participating in cultural 
activities. They put all they have at risk to reach the U.S., and once 
here, strive each day to make our country better and to give their 
children every opportunity that America offers.
  The bill I introduce today will give refugees and asylum seekers a 
fair chance of finding safety in the U.S. For those who seek asylum, it 
eliminates the requirement added to the law in 1996 that asylum 
applicants file their claim within 1 year of arrival. By definition, 
worthy asylum applicants arrive in the U.S. after suffering serious 
harm abroad, often experiencing post-traumatic stress. They often must 
spend their first months here learning the language and adjusting to a 
culture that in many cases is extraordinarily different from the one 
they know. I understand the desire to have asylum seekers submit timely 
applications, but the 1-year rule was deemed unnecessary by the 
Immigration and Naturalization Service when it was enacted. In 
practice, it has barred genuine applicants from gaining the benefits of 
our asylum law, resulting in their return to the country in which they 
were persecuted.
  The bill also makes a number of modifications to give asylum seekers 
a fair opportunity to respond to requests for corroborating evidence, 
to clarify inconsistencies, and to provide evidence of the persecution 
they suffered or that which they fear if returned. None of these 
changes to the law will encourage fraud or frivolous claims; they 
simply ensure that no asylum seeker is denied the opportunity to 
present a full application for relief.
  The 1996 immigration law created the system called ``expedited 
removal,'' which enables an immigration officer to prevent certain non-
citizens from entering the U.S. I fought against expedited removal in 
1996 because I feared that asylum seekers could be turned away from our 
borders without being given the chance to seek protection. In 2005, the 
U.S. Commission for International Religious Freedom, a bipartisan 
Commission established by Congress, documented widespread problems in 
the implementation of expedited removal. The Refugee Protection Act of 
2010 responds to the Commission's findings by requiring that asylum 
seekers who pass an initial ``credible fear'' interview proceed to an 
interview with an asylum officer instead of being sent straight to the 
immigration removal system. Any asylum seeker who is not granted 
protection by the asylum officer would then be placed in removal 
proceedings and proceed to an adversarial hearing before an immigration 
judge.
  Under current law, an asylum seeker who arrives at our borders and 
immediately requests protection is detained. We should not detain 
people whom our own Government has found to be likely candidates for 
asylum as if they were awaiting a criminal trial. Moreover, the cost to 
the Government to detain an asylum seeker for months at a time cannot 
be justified, especially if they have family members or nongovernmental 
organizations that are willing to house them and ensure that they 
appear for their asylum hearing. The Refugee Protection Act would 
clarify that the Secretary of Homeland Security should release asylum 
seekers as long as they do not pose risks of flight or to public 
safety. It would codify DHS guidance announced in December 2009 stating 
that it is the policy of the U.S. to release asylum seekers who have 
been found to have a credible fear of persecution and who meet the 
criteria for release.
  The bill also instructs the Secretary to promulgate regulations to 
authorize and promote the use of alternatives to the detention of 
asylum seekers, such as releasing them to private nonprofit voluntary 
agencies. For those who would still be detained, the bill would 
guarantee access to legal and religious services, humane treatment in 
detention, and medical care where needed. These changes will reduce the 
detention of asylum seekers, offer them fundamental due process, and 
improve the conditions of their confinement in those cases where 
detention is appropriate. I have long urged an improvement of the 
shameful conditions of immigration detention, and this need is 
particularly acute for asylum seekers.
  For years, I have fought to modify a law that prevents genuine 
refugees and

[[Page S1520]]

asylum seekers from obtaining protection in the U.S. The law, which 
contains an overly broad definition of ``material support'' to 
terrorist organizations, has the effect of barring some who were 
victims of terrorist organizations. More than 2 years ago, Senator Kyl 
and I worked together to ensure that the Department of Homeland 
Security had the authority it needed to provide waivers and exemptions 
in certain ``material support'' cases. The Obama administration 
convened an interagency process to try to resolve the matter, but 
thousands of refugees with pending adjustment of status applications 
are still being held in limbo while the Government studies how to 
exercise its exemption and waiver authority. This bill contains 
language that would fix this problem once and for all. The bill 
modifies definitions in the statute to ensure that innocent asylum 
seekers and refugees are not unfairly denied protection as a result of 
the material support and terrorism bars in the law, while ensuring that 
those with material ties to terrorist activity will be denied entry to 
the U.S.
  This bill makes common sense changes to refugee adjudication and 
resettlement. It eliminates the 1-year waiting period for refugees and 
asylees to apply for lawful permanent residence, facilitating 
assimilation into our communities. The bill also allows certain 
children and family members of refugees to be considered as derivative 
applicants for refugee status, as long as they pass standard security 
checks and expedites the adjudication of family reunification 
petitions.
  The potential effect of these changes is best illustrated by an 
example. One of the Lost Boys originally resettled in Vermont is a 
young man named Jacob. He attended my alma mater, St. Michael's 
College, at some point visited Kenya, got married and fathered twin 
sons before returning to Vermont. After he became a U.S. citizen, he 
visited his wife in Kenya again, this time fathering twin daughters. I 
am happy that my office was able to assist Jacob, and his entire family 
is now happily living in the U.S. Had the Refugee Protection Act been 
enacted, Jacob's family might have been reunited much sooner. The bill 
I introduce today will greatly facilitate family reunification, which 
is at the core of American values.
  This bill will also help children who have been separated from their 
families during war or flight from persecution. For a child who has 
been separated from immediate family, and where it is in the best 
interest of the child, the bill would authorize refugee status and 
enable such a child to come to the U.S. I am committed to working with 
the Departments of State and Homeland Security to ensure that the 
``best interest of the child'' protects families that are separated for 
months or years, but later discover that children lost or feared dead 
can be reunited with their immediate relatives.
  The need for such authority is illustrated by a Vermont resettlement 
case I know very well. After the Rwandan atrocities, Martha believed 
her son Eric had been killed. A number of years later, she learned that 
her son was alive and living in the Kakuma refugee camp in Kenya, along 
with his two young first cousins. Eric had fled the violence with these 
two boys on his back, and he is the only father figure they have ever 
known. Martha petitioned to bring her son and nephews to Vermont, but 
only her son was granted refugee status as a derivative child. Martha 
had not seen her son for 10 years, but until my office intervened, the 
case had languished due to miscommunication. After the case was 
reactivated, Eric had to decide whether to join his mother in Vermont 
or to stay in the refugee camp to continue caring for his two young 
cousins. Eric made the heart-wrenching decision to resettle in Vermont. 
Eight months after Eric arrived, with the help of my office, his two 
young cousins were successfully resettled with him. Martha is fully 
employed, just passed her naturalization exam and is about to be sworn 
in as a U.S. citizen. Eric has been working two jobs, studying, and 
raising his cousins, who are both doing quite well in school. This case 
has a happy ending, but it should not have been so hard or taken so 
long to resolve. The Refugee Protection Act will help to bring families 
like Martha's together more quickly.
  This bill authorizes the Secretary of State to designate certain 
groups as eligible for expedited adjudication as refugees. Such a 
change to law would assist those who are at a particularly high risk of 
harm, such as certain groups of Iraqi refugees, groups targeted for 
genocide, or gay men in countries that impose the death penalty on 
homosexuals. Congress has tried to respond to specific crises with 
Special Immigrant Visas and other limited forms of relief, but 
something more must be done.
  Again, an example is illustrative. An Iraqi family, a mother and two 
daughters, came to Vermont as refugees from Iraq by way of Syria, after 
the father had been killed. The son believed his life to also be in 
danger in Iraq, because he had worked as a driver for a U.S. military 
contractor. Just before completing the resettlement process, the adult 
son was forced by Syria to leave the country, and he made his way to 
Sweden. While he was safe there for a short while, Sweden soon started 
taking action to deport many Iraqi refugees that it had previously 
welcomed. The separation was extremely painful for this close-knit 
family. They were having a difficult time reopening his resettlement 
case, but my office was able to help this young man finally receive a 
Special Immigrant Visa for Iraqis Employed on Behalf of the U.S. 
Government. He was finally reunited with his family in Burlington. I 
would prefer to see the Secretary of State be able to designate certain 
highly vulnerable groups for expedited adjudication, so that stories 
like this one are not common, and eligible refugees reach safety here 
in the U.S. as soon as possible.
  Finally, this bill makes targeted improvements to the resettlement 
process in the United States. Most importantly, it prevents newly 
resettled refugees from slipping into poverty by adjusting the per 
capita refugee resettlement grant level annually for inflation and the 
cost of living. The current per capita grant is $1,800, but it was just 
raised in January 2010 from roughly half that amount. I thank the Obama 
administration for recognizing the need to raise the per capita grant 
level, but believe it must be adjusted annually for inflation and the 
cost of living. This bill will ensure that the per capita grant level 
does not decrease in real terms over time.
  This bill is supported by leading refugee resettlement organizations 
across the Nation including the U.S. Conference of Catholic Bishops, 
Hebrew Immigrant Aid Society, International Rescue Committee, Lutheran 
Immigrant & Refugee Service, the Episcopal Church, Refugee Council USA, 
Heartland Alliance for Human Needs and Human Rights, Church World 
Service, and the Interfaith Refugee and Immigration Ministries of 
Illinois. The Congressionally-created and bipartisan U.S. Commission 
for International Religious Freedom endorsed the provisions that make 
improvements to the expedited removal system. It is endorsed by 
advocates and legal aid providers serving the refugee and asylee 
community, including the American Bar Association, Human Rights First, 
National Immigrant Justice Center, the Center for Gender & Refugee 
Studies at U.C. Hastings College of the Law, Tahirih Justice Center, 
American Immigration Lawyers Association, National Immigration Forum, 
Refugees International, Immigration Equality, Amnesty International 
USA, Human Rights Watch, and the American Civil Liberties Union. And in 
Vermont, it has the support of the Vermont Refugee Resettlement 
Program, Vermont Immigration and Asylum Advocates, and the Association 
of Africans Living in Vermont. All of those organizations that stand 
with me in support of this legislation have my sincere thanks.
  The 30th anniversary of the Refugee Act is this week. It is time to 
renew America's commitment to the Refugee Convention, and to bring our 
law back into compliance with the Convention's promise of protection. 
Our Nation is a leader among the asylum-providing countries, and our 
communities have embraced refugees and asylum seekers, welcoming them 
as Americans. Our laws must now match that humanitarian spirit. I urge 
all Senators to support the Refugee Protection Act of 2010.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page S1521]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3113

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Refugee 
     Protection Act of 2010''.
       (b) Table of Contents.--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.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Asylum seeker.--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) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

     SEC. 3. ELIMINATION OF ARBITRARY TIME LIMITS ON ASYLUM 
                   APPLICATIONS.

       Section 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) Changed circumstances.--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.''.

     SEC. 4. PROTECTING VICTIMS OF TERRORISM FROM BEING DEFINED AS 
                   TERRORISTS.

       Section 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.''.

     SEC. 5. PROTECTING CERTAIN VULNERABLE GROUPS OF ASYLUM 
                   SEEKERS.

       (a) Defined Term.--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 Asylum.--Section 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 accepted.--Direct 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) Removal Proceedings.--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

[[Page S1522]]

     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.''.

     SEC. 6. EFFECTIVE ADJUDICATION OF PROCEEDINGS.

       Section 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''.

     SEC. 7. SCOPE AND STANDARD FOR REVIEW.

       Section 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 review.--Except 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.''.

     SEC. 8. EFFICIENT ASYLUM DETERMINATION PROCESS AND DETENTION 
                   OF ASYLUM SEEKERS.

       (a) In General.--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) Detention.--''; and

       (B) by striking ``shall'' and inserting ``may, in the 
     Secretary's discretion,''; and
       (3) by inserting after clause (v) the following:
       ``(vi) Parole of certain aliens.--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) Review of detention.--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) Waiver.--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) Rulemaking.--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).

     SEC. 9. SECURE ALTERNATIVES PROGRAM.

       (a) Establishment.--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) Program Requirements.--
       (1) Nationwide implementation.--The Secretary shall 
     facilitate the nationwide implementation of the Program.
       (2) Utilization of alternatives.--The 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) Program elements.--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) In general.--Restrictive electronic monitoring devices, 
     such as ankle bracelets, may not be used unless there is a 
     demonstrated need for such enhanced monitoring.
       (B) Periodic review.--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) In general.--Asylum seekers shall be eligible to 
     participate in the Program.
       (B) Program design.--The Program shall be designed to 
     ensure sufficient supervision of the population described in 
     subparagraph (A).
       (6) Contracts.--The Secretary shall enter into contracts 
     with qualified nongovernmental entities to implement the 
     Program.
       (7) Other considerations.--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.

     SEC. 10. CONDITIONS OF DETENTION.

       (a) Rulemaking.--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) Definitions.--In this section:
       (1) Detainee.--The term ``detainee'' means an individual 
     who is detained under the authority of United States 
     Immigration and Customs Enforcement.
       (2) Detention facility.--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 facility.--The 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 presentations.--The 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) Access to Legal Services.--
       (1) Lists of legal service providers.--All 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 center.--The Attorney General, in consultation

[[Page S1523]]

     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) Duties.--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) Procedures.--The Secretary shall establish procedures 
     for regularly scheduled, group legal orientation 
     presentations.
       (3) Grants authorized.--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) Notification requirement.--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) Visits.--
       (1) Legal representation.--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) Pro bono organizations.--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 visitors.--Detainees 
     have the right to reasonable access to religious or other 
     qualified individuals to address religious, cultural, and 
     spiritual considerations.
       (4) Children.--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) Quality of Medical Care.--
       (1) Right to medical care.--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 examinations.--Each 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) Prescriptions.--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) Psychotropic medication.--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) Treatment.--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) Medical care decisions.--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) In general.--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) Appeals board.--The appeals board shall include health 
     care professionals in the fields relevant to the request for 
     medical or mental health care.
       (C) Decision.--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) In general.--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) Written explanation.--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) Appeals board.--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) Decision.--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) Conditional release.--
       (A) In general.--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) Reevaluation.--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) Discharge planning.--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) Medical records.--
       (A) In general.--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 records.--Immediately 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) Transfer of Detainees.--
       (1) Notice.--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) Procedures.--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) Access to Telephones.--
       (1) In general.--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) Contacts.--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;

[[Page S1524]]

       (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) Emergencies.--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) Privacy.--Each detainee has the right to hold private 
     telephone conversations for the purpose of obtaining legal 
     representation or related to legal matters.
       (5) Rates.--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) In general.--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) Prevention.--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 circumstances.--Solitary 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) Protected classes.--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) Written policies.--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) New facilities.--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) Existing facilities.--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) Report.--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) Translation Capabilities.--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 Activities.--Detainees shall 
     be provided with access to at least 1 hour of indoor and 
     outdoor recreational programs and activities each day.
       (m) Training of Personnel.--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) Transportation.--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) Vulnerable Populations.--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) Children.--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) Basic needs.--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) People.--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) Property.--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) Protections for children.--
       (A) Qualified staff.--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) Specific rights.--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) Confidentiality.--
       (A) In general.--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 information.--The 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) Written record.--All disclosures under paragraph (2) 
     shall be duly recorded in writing and placed in the child's 
     file.

     SEC. 11. TIMELY NOTICE OF IMMIGRATION CHARGES.

       Section 236 of the Immigration and Nationality Act (8 
     U.S.C. 1226) is amended by adding at the end the following:
       ``(f) Notice and Charges.--Not later than 48 hours after 
     the commencement of a detention of an individual under this 
     section, the Secretary of Homeland Security shall--

[[Page S1525]]

       ``(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.''.

     SEC. 12. PROCEDURES FOR ENSURING ACCURACY AND VERIFIABILITY 
                   OF SWORN STATEMENTS TAKEN PURSUANT TO EXPEDITED 
                   REMOVAL AUTHORITY.

       (a) In General.--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) Recording of Interviews.--
       (1) In general.--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) Content.--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) Format.--The recording shall be made in video, audio, 
     or other equally reliable format.
       (4) Evidence.--Recordings of interviews under this 
     subsection may be considered as evidence in any further 
     proceedings involving the alien.
       (c) Exemption Authority.--
       (1) Exempted facilities.--Subsection (b) shall not apply to 
     interviews that occur at detention facilities exempted by the 
     Secretary under this subsection.
       (2) Criteria.--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) Report.--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 action.--Nothing in this subsection 
     may be construed to create a private cause of action for 
     damages or injunctive relief.
       (d) Interpreters.--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.

     SEC. 13. STUDY ON THE EFFECT OF EXPEDITED REMOVAL PROVISIONS, 
                   PRACTICES, AND PROCEDURES ON ASYLUM CLAIMS.

       (a) Study.--
       (1) In general.--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 described.--An 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) Conduct described.--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) Report.--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) Staff.--
       (1) From other agencies.--
       (A) Identification.--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) Designation.--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) Additional staff.--The Commission may hire additional 
     staff and consultants to conduct the study under subsection 
     (a).
       (3) Access to proceedings.--
       (A) In general.--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) Exceptions.--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.

     SEC. 14. LAWFUL PERMANENT RESIDENT STATUS OF REFUGEES AND 
                   ASYLUM SEEKERS GRANTED ASYLUM.

       (a) Admission of Emergency Situation Refugees.--Section 
     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)'';
       (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''; and
       (b) Treatment of Spouse and Children.--Section 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) Petition.--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 status.--Notwithstanding 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 status.--A 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) Refugees.--
       (1) In general.--Section 209 of such Act (8 U.S.C. 1159) is 
     amended to read as follows:

     ``SEC. 209. TREATMENT OF ALIENS ADMITTED AS REFUGEES AND OF 
                   ALIENS GRANTED ASYLUM.

       ``(a) In General.--
       ``(1) Treatment of refugees.--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 children.--Notwithstanding 
     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

[[Page S1526]]

     permanent residence as of the date of such admission.
       ``(3) Adjustment of status.--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) Record.--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) Document issuance.--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 Resident.--
     Paragraphs (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) In general.--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) Ineligibility.--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) Technical Amendments.--
       (1) Aliens not subject to direct numerical limitations.--
     Section 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) Training.--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) Table of contents.--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) Savings Provisions.--
       (1) In general.--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) Clarification.--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) Effective Date.--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.

     SEC. 15. PROTECTIONS FOR MINORS SEEKING ASYLUM.

       (a) In General.--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) Applicability to minors.--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) Jurisdiction.--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) Reinstatement of Removal.--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 removal.--Paragraph 
     (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.''.

     SEC. 16. MULTIPLE FORMS OF RELIEF.

       (a) In General.--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 
     Visas.--Section 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.''.

     SEC. 17. PROTECTION OF REFUGEE FAMILIES.

       (a) Children of Refugee or Asylee Spouses and Children.--A 
     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) Separated Children.--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 refugees.--Section 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) Asylum.--Section 208(b)(3)(A) of such Act (8 U.S.C. 
     1158(b)(3)(A)) is amended to read as follows:
       ``(A) In general.--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,

[[Page S1527]]

     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 Petitions.--The 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) Timely adjudication.--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.''.

     SEC. 18. REFORM OF REFUGEE CONSULTATION PROCESS AND REFUGEE 
                   PROCESSING.

       Section 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).''.

     SEC. 19. ADMISSION OF REFUGEES IN THE ABSENCE OF THE ANNUAL 
                   PRESIDENTIAL DETERMINATION.

       Section 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)''.

     SEC. 20. AUTHORITY TO DESIGNATE CERTAIN GROUPS OF REFUGEES 
                   FOR CONSIDERATION.

       (a) In General.--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) Effective Date.--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.

     SEC. 21. UPDATE OF RECEPTION AND PLACEMENT GRANTS.

       Beginning 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).

     SEC. 22. LEGAL ASSISTANCE FOR REFUGEES AND ASYLEES.

       Section 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''.

     SEC. 23. PROTECTION FOR ALIENS INTERDICTED AT SEA.

       Section 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 threatened.--Notwithstanding''; and
       (B) by adding at the end the following:
       ``(ii) Asylum interview.--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 waters.--The 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

[[Page S1528]]

     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.''.

     SEC. 24. PROTECTION OF STATELESS PERSONS IN THE UNITED 
                   STATES.

       (a) In General.--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:

     ``SEC. 210A. PROTECTION OF STATELESS PERSONS IN THE UNITED 
                   STATES.

       ``(a) Defined Term.--
       ``(1) In general.--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 groups.--The 
     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 persons.--The 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) Waivers.--
       ``(A) Automatic waivers.--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) Application.--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) Other waivers.--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) Work authorization.--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 children.--The 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) Adjustment of Status.--
       ``(1) Inspection and examination.--At 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 adjustment.--The 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) Proving the claim.--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) Record.--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) Review.--
       ``(1) Administrative review.--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) Judicial review.--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) Motions to reopen.--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) Clerical Amendment.--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.''.

     SEC. 25. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this Act, and the amendments made by 
     this Act.
                                 ______