[Congressional Record Volume 157, Number 86 (Wednesday, June 15, 2011)]
[Senate]
[Pages S3822-S3831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Levin, Mr. Akaka, and Mr. Durbin):
  S. 1202. 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, today, I am pleased to introduce the 
Refugee Protection Act. This bill, which is cosponsored by Senators 
Levin, Akaka, and Durbin, will reaffirm the commitments our Nation made 
in ratifying the 1951 Refugee Convention, and help to restore the 
United States as a global leader on human rights. This bill would 
repeal the most harsh and unnecessary elements of current law, and 
restore the United States to its rightful role as a safe and welcoming 
home for those suffering from persecution around the world.
  During this challenging economic time, it can be tempting to look 
inward rather than to fulfill our global humanitarian commitments. 
However, this bill is necessary now more than ever. Millions of 
refugees remain displaced and warehoused in refugee camps in Eastern 
Africa, Southeast Asia, and other parts of the world. The ``Arab 
Spring'' is helping to move governments of the Middle East toward 
democracy, but some governments have responded to peaceful 
demonstrations with violence. We will continue to see genuine refugees 
who are in need of protection. I was pleased to be able to protect 
funding for refugee assistance and resettlement programs in the fiscal 
year 2011 appropriations continuing resolution, when many other 
programs were cut.
  In my home state of Vermont, I have seen how the admission of 
refugees and asylum seekers has revitalized and enriched communities, 
resulting in the creation of new businesses, safer neighborhoods, and 
stronger schools. Since Senator Ted Kennedy authored the 1980 Refugee 
Act, more than 2.6 million refugees and asylum seekers have been 
granted protection in the United States. And since 1989, almost 5,600 
refugees have been resettled in Vermont. We are fortunate to have the 
Vermont Refugee Resettlement Program, with its decades of experience 
and award-wining volunteer program, leading this effort. Over the last 
five years, many of these new Vermonters have come from Bhutan, Burma, 
and the Congo. Their culture is enriching my historically Anglo Saxon 
and French Canadian state.
  Once resettled, these refugees have become nursing assistants, soccer 
coaches, and small business owners. In Burlington's Old North End, 
there are two thriving halal markets, side by side. The Nadia 
International Halal Market is run by an Iraqi refugee. Next door is the 
Banadir Market, run by a Somali Bantu refugee. Vermonters enjoy these 
new additions to the culture, and these thriving small businesses 
create local jobs in a historically disadvantaged neighborhood.
  Equally important are the family- and community-based values of these 
new Vermonters. The Burlington Chief of Police has commented that 
refugees have reduced crime in some historically troubled areas, 
creating more family oriented neighborhoods.
  Vermonters have played a tremendous role in welcoming refugees and 
asylees to their communities. Many have hosted refugee families in 
their homes until suitable housing could be found. The Ohavi Zedek 
Synagogue has made an effort to help all refugee families, regardless 
of their faith. The synagogue offers free English language classes so 
that refugees can improve their English skills. In this year's Passover 
service, refugees were encouraged to share their own personal tales of 
exodus.
  The synagogue also runs a thrift shop where refugees who have been in 
the country for less than a year are allowed to take whatever they need 
without charge. Yet, a refugee from Bhutan has offered to help make 
physical improvements to the building's foundation, a testament to his 
desire to give back to the communities that have helped refugees build 
new lives. Many other places of worships have also reached out to these 
new Vermonters.
  The Association for Africans Living in Vermont, AALV, which now 
assists any refugee in Vermont regardless of the country of origin, 
helps refugees access social services, organizes community cultural 
events, and provides cross-cultural training to Vermont service 
providers. The organization offers workforce development programs to 
ensure refugees can find meaningful work that sustains their families. 
The AALV New Farms for New Americans program enables refugees, many of 
whom farmed in their home countries, to learn to grow crops well suited 
to the Vermont climate. This program can connect such refugees to their 
heritage, and invites them to become part of Vermont's longstanding and 
vibrant agricultural tradition.
  In cooperation with Vermont Adult Learning, AALV offers the Personal

[[Page S3828]]

Care Assistant Workforce Training Program, which trains refugees to 
serve as personal care assistants, the first level of service in the 
nursing profession. Graduates are able to pursue additional training as 
a licensed nursing assistant.
  Vermont's resettlement program and the community support are not 
without their challenges. We experience many of the same hurdles faced 
by resettlement efforts and receiving communities across the Nation. 
The Refugee Protection Act of 2011 includes provisions that will help 
the nationwide resettlement effort operate more effectively. I want to 
acknowledge the leadership of Senator Lugar who has investigated the 
resettlement program and called for a GAO study to obtain 
recommendations for improvement. I also appreciate the efforts of 
Representative Gary Peters of Michigan, who introduced a resettlement 
bill in the House of Representatives to improve communication among all 
stakeholders.
  In addition to support and improvement of the resettlement program, 
this bill addresses several areas of domestic asylum adjudication that 
are in need of significant reform. This bill would repeal the one-year 
filing deadline for asylum seekers, removing an unnecessary barrier to 
protection. The bill would allow arriving aliens and minors to seek 
asylum first before the Asylum Office rather than referring those cases 
immediately to immigration court. The Asylum Office is well trained to 
screen for fraud and able to handle a slight increase in its caseload. 
Meanwhile, as we learned in a May 18, 2011, hearing before the 
Judiciary Committee, the immigration courts are overburdened, under-
resourced, and facing steady increases in their caseloads.
  The Refugee Protection Act ensures that persons who were victims of 
terrorism or persecution by terrorist groups will not be doubly 
victimized with a denial of protection in the United States. Vermont 
Immigration and Asylum Advocates, a legal aid and torture treatment 
provider, continues to see cases where persons granted asylum are later 
blocked from bringing their families to the United States or applying 
for permanent residency by overly broad definitions in current law. 
This bill would help such persons prove their cases without taking any 
shortcuts on national security. The bill also gives the President the 
authority to designate certain groups of particularly vulnerable groups 
for expedited consideration. All refugees would still have to complete 
security and background checks prior to entry to the United States.
  Finally, the bill addresses the need to treat genuine asylum seekers 
as persons in need of protection, not as criminals. It calls for asylum 
seekers who can prove their identity and who pose no threat to the 
United States to be released from immigration detention. Vermont 
Immigration and Asylum Advocates, like other legal aid providers across 
the Nation, struggle to visit detention facilities located at a 
distance from urban centers, or to reach clients who have been 
transferred to far away locations. I appreciate efforts made by the 
Obama administration to parole eligible asylum seekers and to improve 
the conditions of detention overall, but more must be done. The Refugee 
Protection Act will improve access to counsel so that asylum seekers 
with genuine claims can gain legal assistance in presenting their 
claims. It will require the Government to codify detention standards so 
that reforms are meaningful and enforceable.
  There is no question that the United States is a leader among nations 
in refugee protection, but we can do better. The refugees we welcome to 
our shores contribute to the fabric of our Nation, and enrich the 
communities where they settle. I urge all Senators to support the 
Refugee Protection Act of 2011.
  Mr. President, I ask unanimous consent that a section by section 
analysis and a list of support organizations be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

      The Leahy-Levin-Akaka-Durbin Refugee Protection Act of 2011


                           Sectional Analysis

       The Refugee Act of 1980 was a landmark piece of legislation 
     that sought to fulfill the United States' obligations under 
     the 1951 Refugee Convention. Unfortunately, in the 
     intervening years, U.S. law has fallen short of those 
     obligations. Last year, on the thirtieth anniversary of the 
     Refugee Act of 1980, Senator Leahy, introduced the Refugee 
     Protection Act of 2010 (S. 3113, 111th Congress), a 
     comprehensive package of improvements to our law. On June 15, 
     2011, Senator Leahy, along with Senators Levin, Akaka, and 
     Durbin, introduced a new version of the bill for the 112th 
     Congress. The Refugee Protection Act of 2011 will ensure that 
     refugees and asylum seekers with bona fide claims are 
     protected by the United States, restoring the United States 
     as a beacon of hope for those who suffer from persecution.
     Sec. 1. Short Title.
       The short title is the Refugee Protection Act of 2011.
     Sec. 2. Definitions.
       This section defines the terms ``asylum seeker'' and 
     ``Secretary of Homeland Security.''
     Sec. 3. Elimination of Time Limits on Asylum Applications.
       This section eliminates the one-year time limit for filing 
     an asylum claim. The stated intent of Congress in 1996 in 
     enacting the one-year deadline was to prevent fraud, not to 
     deprive bona fide applicants from securing protection under 
     our laws. Yet, even in 1996, problems related to fraud had 
     been resolved through administrative reform implemented by 
     the Immigration & Naturalization Service, which opposed the 
     implementation of an application deadline. Since the one-year 
     deadline was enacted, and despite exceptions available in the 
     law for extraordinary or changed circumstances that may 
     prevent the timely filing of an application, many asylum 
     seekers with genuine claims have been denied protection. The 
     exceptions to the one-year deadline are not uniformly applied 
     to applicants, leading to unfair treatment of those who have 
     legitimate reasons for applying after the one-year deadline. 
     Moreover, a significant number of applicants have 
     subsequently met the higher standard for withholding of 
     removal, demonstrating that their claims were valid. This 
     section allows such an asylum seeker to reopen his asylum 
     claim if he is still in the United States, has not 
     subsequently been awarded lawful permanent residence status, 
     is not subject to a bar to asylum, and should not be denied 
     asylum as a matter of discretion.
     Sec. 4. Protecting Victims of Terrorism from Being Defined as 
         Terrorists.
       Under current law, any asylum seeker or refugee who is 
     individually culpable of engaging in terrorist conduct, or 
     direct support for it, is barred under prohibitions to entry 
     for a threat to national security, serious non-political 
     crime, persecution of others, or engaging in terrorist 
     activity. Changes in the law since September 11, 2001, have 
     resulted in innocent activity, or coerced actions, being 
     labeled as ``material support'' for terrorism, a 
     determination that can render genuine refugees ineligible for 
     protection in the United States. This section would amend the 
     law to ensure that asylum seekers and refugees are not barred 
     from admission to the United States under an overly broad 
     definition of ``terrorist organization'' in the Immigration 
     and Nationality Act (INA).
       This section would define the term ``material support'' to 
     mean support that is significant and of a kind directly 
     relevant to terrorist activity. This section also gives the 
     Secretary of Homeland Security discretion to waive 
     application of the terrorism bars for certain applicants.
       This section clarifies that those who committed certain 
     acts (such as military-type training, solicitation, or other 
     non-violent actions) under duress may not be deemed 
     inadmissible if they pose no threat to the United States. It 
     gives the Secretary discretion to consider the age of the 
     applicant at the time the acts were committed in determining 
     whether those acts were committed under duress.
       This section also creates an exception for those who were 
     forced to recruit child soldiers under duress, or who engaged 
     in such recruitment under the age of 18. Finally, this 
     section would repeal an unduly harsh provision in current law 
     that makes spouses and children inadmissible for the acts of 
     a spouse or parent.
       All applicants for asylum or refugee status must meet all 
     of the other traditional background and security checks.
     Sec. 5. Protecting Certain Vulnerable Groups of Asylum 
         Seekers.
       To be eligible for asylum under the Refugee Convention and 
     domestic law, an applicant must show that he or she has 
     experienced persecution or have a well-founded fear of future 
     persecution on account of race, religion, nationality, 
     political opinion, or membership in a particular social 
     group. This section makes several modifications to current 
     law to ensure that particularly vulnerable groups of asylum 
     seekers have a full and fair opportunity to seek protection 
     in the United States.
       Subsection (a) codifies the holding of the landmark Board 
     of Immigration Appeals (BIA) decision in Matter of Acosta, 19 
     I. & N. Dec. 211 (BIA 1985). That holding defined the basis 
     of persecution based on membership in a ``particular social 
     group'' as one comprised of individuals who share a common 
     characteristic they either cannot change, or should not be 
     required to change because the

[[Page S3829]]

     characteristic is fundamental to their identity or 
     conscience. The Acosta precedent has been clouded in recent 
     years by BIA opinions that require asylum applicants to prove 
     additional factors, some of which are unnecessary or contrary 
     to the spirit of domestic law and the Refugee Convention. 
     Most damaging is a requirement that the social group in 
     question be ``socially visible,'' a factor that could 
     endanger certain categories of refugees, such as victims of 
     gender persecution or LGBT asylum seekers. These are groups 
     that, as Judge Posner of the Seventh Circuit Court of Appeals 
     described, are at great pains to remain socially invisible. 
     This subsection codifies the definition of social group in 
     Matter of Acosta such that inappropriate, additional factors 
     such as social visibility cannot be required by the BIA.
       Subsection (b) makes additional changes to current law. 
     Paragraph (1): United States law has long recognized that 
     persecutors may have mixed motives for harming their victims. 
     For example, a militia that operates outside government 
     control may persecute a particular race of persons because of 
     xenophobia and also because it seeks to deprive the 
     persecuted race of valuable land and property. The fact that 
     the persecutor is motivated by two intertwined goals should 
     not prevent the victims from obtaining protection. 
     Nonetheless, the REAL ID Act of 2005 raised the burden of 
     proof that asylum seekers must meet in order to show that 
     they fear persecution on account of one of the five grounds 
     enumerated in the Refugee Convention and in U.S. law. (The 
     five grounds are race, religion, nationality, membership in a 
     particular social group, or political opinion.) The REAL ID 
     Act requires that the asylum seeker demonstrate that harm on 
     account of a protected ground is ``at least one central 
     reason'' for the feared persecution. See INA 
     Sec. 208(b)(1)(B)(i). The ``one central reason'' language is 
     modified in this section, which does not fully repeal the 
     notion of persecutor intent but applies it in a manner that 
     is both realistic and fair. This paragraph strikes the 
     language that requires the protected ground (e.g., race) to 
     be one central reason for the persecution and requires 
     instead that the protected ground ``was or will be a factor 
     in the applicant's persecution or fear of persecution.''
       Paragraph (2): The REAL ID Act of 2005 added requirements 
     to the INA with regard to an asylum seeker's duty to provide 
     corroborating evidence when it is requested by an immigration 
     judge. The REAL ID Act stated that ``such evidence must be 
     provided unless the applicant does not have the evidence and 
     cannot reasonably obtain the evidence.'' Corroborating 
     evidence can be an important component of an asylum claim, 
     but asylum seekers must have a fair opportunity to respond to 
     requests for corroboration. In addition, as courts have 
     noted, it is sometimes virtually impossible for asylum 
     seekers to obtain certain types of corroborating evidence. 
     Therefore, this paragraph requires that when the trier of 
     fact seeks corroborating evidence, the trier of fact must 
     provide notice and allow the asylum applicant a reasonable 
     opportunity to file such evidence unless the applicant does 
     not have the evidence and cannot reasonably obtain the 
     evidence.
       Paragraph (3) renumbers text in the statute.
       Paragraph (4): As noted above, an asylum seeker must show 
     that his or her well-founded fear of persecution is on 
     account of one of the five grounds of asylum. This link is 
     often called the nexus requirement. Some genuine asylum 
     seekers have been denied asylum because of a lack of clear 
     guidance on how the nexus requirement may be established when 
     the persecutor is a non-state actor. The Department of 
     Justice issued draft regulations in 2000 that made clear that 
     an asylum seeker can demonstrate nexus through either 
     ``direct or circumstantial'' evidence. This draft regulation 
     was consistent with the U.S. Supreme Court's decision in INS 
     v. Elias-Zacarias, 502 U.S. 478, 483 (1992). This paragraph 
     would codify the draft regulation by making clear that either 
     direct or circumstantial evidence may establish that 
     persecution is on account of one of the five grounds.
       Paragraph (5): The REAL ID Act also modified the INA with 
     regard to factors that an immigration judge may consider in 
     determining the asylum seeker's credibility. In short, the 
     REAL ID gave heightened importance to inconsistencies in an 
     asylum seeker's claim, even if those inconsistencies were 
     minor or immaterial to the heart of the claim. In practice, 
     an asylum seeker with limited English skills, with post-
     traumatic stress disorder, or with other conditions, may make 
     simple, minor errors in the telling and retelling of their 
     story. This paragraph modifies the INA to state that if the 
     immigration judge determines that there are inconsistencies 
     or omissions in the claim, the asylum seeker should be given 
     an opportunity to explain and to provide support or evidence 
     to clarify such inconsistencies or omissions. Subsection (c) 
     makes identical corrections to the corroboration and 
     credibility determinations for removal proceedings that are 
     described in paragraphs (2) and (5) above.
     Sec. 6. Effective Adjudication of Proceedings.
       This section authorizes the Attorney General to appoint 
     counsel to an alien in removal proceedings where fair 
     resolution or effective adjudication of the case would be 
     served by doing so. In certain cases, such as those involving 
     highly complex asylum claims, unaccompanied minors, mentally 
     impaired persons, or individuals who are incapable of pro se 
     representation, delays in adjudication may result while an 
     alien prepares a case or searches for pro bono 
     representation. The immigration courts will operate more 
     efficiently (with savings to taxpayers) if the Attorney 
     General is provided explicit authority to exercise discretion 
     to appoint counsel in certain instances, such as those 
     described above.
     Sec. 7. Scope and Standard for Review.
       This section prevents the removal of an alien during the 
     30-day period an alien has to file a petition for review to a 
     Federal Circuit Court of Appeals after the alien has been 
     ordered removed. Staying the removal during this period will 
     enable an applicant to carefully consider whether to file an 
     appeal rather than rush to file in order to preserve his or 
     her rights. In weak cases, the alien will likely decline to 
     appeal, and deport voluntarily or via government removal. 
     This section also restores judicial review to a fair and 
     reasonable standard consistent with principles of 
     administrative law. The standard in this section is that the 
     Court of Appeals shall sustain a final decision ordering the 
     removal of an alien unless that decision is contrary to law, 
     an abuse of discretion, or not supported by substantial 
     evidence. The decision must be based on the administrative 
     record on which the order of removal is based.
     Sec. 8. Efficient Asylum Determination Process for Arriving 
         Aliens.
       Under current law, an alien who requests asylum as they 
     attempt to enter the United States (an ``arriving alien'') is 
     subject to detention for part or all of the time that they 
     await an asylum hearing. Such asylum seekers are provided an 
     initial interview with an asylum officer to determine whether 
     they have a credible fear of persecution, but then must 
     pursue their asylum case in immigration court, rather than in 
     a non-adversarial proceeding. Generally speaking, the 
     adversarial immigration hearing is considerably lengthier and 
     costlier than a non-adversarial asylum hearing. Under this 
     section, the DHS asylum office would be given jurisdiction 
     over an asylum case after a positive credible fear 
     determination. The alien would then undergo a non-
     adversarial asylum interview. If the asylum officer is 
     unable to recommend a grant of asylum, the case will be 
     referred to an immigration judge and the asylum seeker 
     placed in removal proceedings. This structure mirrors the 
     current process for asylum seekers who apply for asylum 
     from within the United States.
     Sec. 9. Secure Alternatives Program.
       This section requires the Secretary of Homeland Security to 
     establish a secure ``alternatives to detention'' program. The 
     program will allow certain aliens in civil immigration 
     custody to be released under enhanced supervision to prevent 
     the alien from absconding and to ensure that the alien makes 
     all required appearances associated with his or her 
     immigration case. The program is to be designed as a 
     continuum of alternatives based on the alien's need for 
     supervision, which may include placement of the alien with an 
     individual or organizational sponsor, or in a supervised 
     group home. The program shall restrict the use of ankle 
     monitoring devices to cases in which there is a demonstrated 
     need for enhanced monitoring, and the use of ankle monitors 
     shall be reviewed periodically. The program shall be designed 
     to include individualized case management and referrals to 
     community based organizations. In designing the program, the 
     Secretary is instructed to consider prior successful 
     programs, such the Vera Institute of Justice's Appearance 
     Assistance Program.
       The Secretary of Homeland Security currently has discretion 
     to detain asylum seekers. This section maintains such 
     discretion but clarifies that, consistent with a DHS policy 
     announced in December 2009, it is the policy of the United 
     States to release (``parole'') asylum seekers who have 
     established a credible fear of persecution. Under this 
     section, asylum seekers who have established identity will be 
     released within 7 days of a positive credible fear 
     determination unless DHS can show that the asylum seeker 
     poses a risk to public safety (which may include a risk to 
     national security) or is a flight risk. If parole is denied, 
     DHS must provide the asylum seeker with written notification 
     for the reason for denial conveyed in a language the asylum 
     seeker claims to understand.
     Sec. 10. Conditions of Detention.
       Regulations regarding conditions for detention shall be 
     promulgated, and must address several issues including access 
     to legal service providers, group legal orientation 
     presentations, translation services, recreational programs 
     and activities, access to law libraries, prompt case 
     notification requirements, access to working telephones, 
     access to religious services, notice of transfers, and access 
     to facilities by nongovernmental organization. This section 
     also limits the use of solitary confinement, shackling, and 
     strip searches. This section requires that, after the date of 
     enactment, facilities first used by ICE to detain alien 
     detainees must be located within 50 miles of a community in 
     which there is a demonstrated capacity to provide free or 
     low-cost legal representation.
     Sec. 11. Timely Notice of Immigration Charges.
       This section requires the Department of Homeland Security 
     to file a charging document with the immigration court 
     closest to

[[Page S3830]]

     the location at which an alien was apprehended within 48 
     hours of the alien being taken into custody by the 
     Department. The Department is also required to serve a copy 
     of the charging document on the alien within 48 hours of 
     apprehension. This section will serve multiple purposes. It 
     will prevent asylum seekers and other aliens from languishing 
     in detention at taxpayer expense without being charged. It 
     will encourage efficient handling of cases by both the 
     Department of Homeland Security and the immigration courts, 
     which are operated by the Department of Justice. Finally, it 
     will ensure that if an asylum seeker or other alien is 
     transferred from one detention facility to another, 
     jurisdictional and due process protections will attach.
     Sec. 12. Procedures for Ensuring Accuracy and Verifiability 
         of Sworn Statements Taken Pursuant to Expedited Removal 
         Authority.
       This section modifies current policy to ensure that asylum 
     seekers are not harmed by error in the production of sworn 
     statements taken during the expedited removal process. It 
     requires that the Secretary of Homeland Security establish a 
     procedure whereby the interviews of asylum seekers are 
     recorded. The recording may be a video, audio or other 
     reliable form of recording. The recording must include a 
     written statement, in its entirety, being read back to the 
     alien in a language that the alien claims to understand, and 
     include the alien affirming the accuracy of the statement or 
     making any corrections thereto. If an interpreter is 
     necessary, such interpreter must be competent in the language 
     of the asylum seeker. Once a record is produced and signed by 
     the asylum seeker under these conditions, it may be 
     considered part of the record. The Secretary may exempt 
     facilities from the requirements of this section under 
     certain circumstances.
     Sec. 13. Study on the Effect of Expedited Removal Provisions, 
         Practices, and Procedures on Asylum Claims.
       A 2005 study by the United States Commission on 
     International Religious Freedom (USCIRF) documented 
     widespread problems in the implementation of expedited 
     removal policy by U.S. Customs and Border Protection 
     immigration officers at ports of entry. A few months prior to 
     release of the Study, the Secretary of Homeland Security 
     expanded expedited removal authority from immigration 
     inspectors at Ports of Entry--as applied to arriving aliens 
     without proper documentation--to Border Patrol agents who 
     apprehend an alien within 100 miles of the border within 14 
     days after an entry without inspection. The 2005 USCIRF Study 
     did not analyze the implementation of expedited removal by 
     the Border Patrol, as USCIRF's data collection had been 
     completed by that point in time. This section authorizes the 
     Commission to conduct a new study to determine whether Border 
     Patrol officers exercising expedited removal authority in the 
     interior of the United States are improperly encouraging 
     aliens to withdraw or retract claims for asylum. The 
     Commission is also authorized to study whether immigration 
     officers incorrectly fail to refer asylum seekers for 
     credible fear interviews by asylum officers; incorrectly 
     remove such aliens to a country where the alien may be 
     persecuted; and/or detain such asylum seekers improperly or 
     in inappropriate conditions.
     Sec. 14. Refugee Opportunity Promotion.
       The immigration statute requires a refugee who is resettled 
     in the United States to remain on U.S. soil for a full year 
     before adjusting to lawful permanent residence. For many, 
     this requirement presents no obstacles, as resettled refugees 
     immediately begin to work, learn English, and contribute to 
     their local communities. Yet, the one-year physical 
     presence requirement poses a significant barrier to 
     resettled refugees who are eager and willing to serve the 
     United States Government overseas. This section waives the 
     continuous presence requirement for any refugee who, 
     during their first year of residence in the United States, 
     accepts employment overseas to aid the United States 
     Government, such as by working as a translator or in 
     another professional capacity.
     Sec. 15. Protections for Minors Seeking Asylum.
       The William Wilberforce Trafficking Victims Protection 
     Reauthorization Act of 2008 (TVPRA) amended the immigration 
     statute to exempt unaccompanied alien children from the safe 
     third country and one-year filing deadline bars to asylum. 
     This section will amend the statute to expand these TVPRA 
     exemptions to all child applicants for asylum. This section 
     also expands the exemption to the bar to asylum for 
     applicants under 18 years of age who were previously denied 
     asylum. The proposed language also clarifies that 
     unaccompanied alien children who have previously been 
     removed, or who departed voluntarily, should not have their 
     removal orders reinstated, but should instead be placed in 
     removal proceedings. Finally, this section states that all 
     cases of children seeking asylum be adjudicated in the first 
     instance by an asylum officer in a non-adversarial 
     proceeding. These protections, which were provided to 
     unaccompanied minors in the TVPRA, are expanded in the bill 
     to all child asylum seekers.
     Sec. 16. Legal Assistance for Refugees and Asylees.
       The Immigration and Nationality Act authorizes the 
     Secretary of Health and Human Services to make grants to non-
     profit organizations to assist resettled refugees with mental 
     health counseling, social services, education (including 
     English as a Second Language, or ESL), and other assistance 
     to help refugees assimilate into American communities. This 
     section would authorize the Secretary to make similar grants 
     to assist lawfully resettled refugees with legal advice on 
     applications for immigration benefits to which they may be 
     eligible after residing in the United States for certain 
     periods of time, e.g., family reunification, adjustment of 
     status, or naturalization.
     Sec. 17. Protection of Stateless Persons in the United 
         States.
       This section will enable individuals who are de jure 
     stateless to obtain lawful status in the United States. De 
     jure stateless persons are individuals who are not considered 
     to be citizens under the laws of any country. They do not 
     have a nationality and therefore cannot be returned anywhere. 
     (These individuals are not rendered stateless by any negative 
     action of their own, such the commission of crimes that leads 
     the country of origin to deny return, but generally by forces 
     beyond their control, such as the collapse of the country of 
     origin (e.g. the Soviet Union) and the succession of a state 
     or states that will not recognize certain former nationals.) 
     De jure stateless persons are ineligible for lawfully 
     recognized status in the United States based on the fact that 
     they are stateless. This section would make such persons 
     eligible to apply for conditional lawful status if they are 
     not inadmissible under criminal or security grounds and if 
     they pass all standard background checks. After five years in 
     conditional status, de jure stateless persons would be 
     eligible to apply for lawful permanent status.
     Sec. 18. Authority to Designate Certain Groups of Refugees 
         for Consideration.
       This section authorizes the President to designate certain 
     groups as eligible for expedited adjudication as refugees. 
     The authority would address situations in which a group is 
     targeted for persecution in their country of origin or 
     country of first asylum. The designation by the President 
     would be sufficient, if proved to the satisfaction of the 
     Secretary of Homeland Security, to establish a well-founded 
     fear of persecution for members of the designated group. 
     However, each individual applicant would still have to be 
     admissible to the United States and pass security and 
     background checks before being admitted. Refugees admitted 
     under this authority would not be exempt from the annual 
     limit on refugee admissions. This section simply enables the 
     President to call for expedited adjudication where necessary 
     and appropriate. This section explicitly includes groups 
     previously protected under the Lautenberg Amendment, which 
     include, among others, Jews and Evangelical Christians from 
     the former Soviet Union, and religious minorities from Iran.
     Sec. 19. Multiple Forms of Relief.
       This section simply allows individuals applying for refugee 
     protection to simultaneously apply for other forms of 
     admission to the United States, such as through a family-
     based petition. All applicants for admission must pass 
     security and background checks. This modification to current 
     law would not allow would-be refugees from gaming the system, 
     but simply enable them to escape harm or persecution at the 
     first opportunity a visa becomes available. This section also 
     allows the very small number of asylum applicants who win the 
     opportunity to apply for a green card through the diversity 
     lottery the ability to apply for that diversity visa from 
     within the United States. Typically, diversity visa 
     applicants must apply from their home country, a requirement 
     that would subject a genuine asylum seeker to risk of harm.
     Sec. 20. Protection of Refugee Families.
       This modification to current law would enable the spouse or 
     child of a refugee (a ``derivative'') to bring their children 
     to the United States when they accompany or follow to join 
     the spouse or parent who was originally awarded refugee 
     status (a ``principal''). Current law does not allow a 
     derivative's child to be admitted as a refugee, yet given the 
     long waits and often unsafe conditions that many derivative 
     applicants and their children face in camps overseas, the 
     United States should provide this group protection. This 
     section also aids children who were orphaned or abandoned by 
     their blood relatives and are living in the care of extended 
     family, friends, or neighbors who are granted admission to 
     the United States as refugees or asylees. Where it is in the 
     best interest of such a child to join that refugee or asylee 
     in the United States, this section creates a mechanism 
     whereby they may be admitted. This section also repeals an 
     unnecessary time limit in regulations on the filing of family 
     petitions related to refugee and asylee family reunification. 
     Finally, to facilitate the admission of eligible family 
     members, this section requires that U.S. Citizenship and 
     Immigration Services adjudicate family reunification 
     petitions for those following to join refugees and asylees 
     within 90 days of filing.
     Sec. 21. Reform of Refugee Consultation Process.
       Each year, the executive branch is charged with consulting 
     with Congress over the annual allocation of refugees to be 
     admitted to the United States. This section requires 
     meaningful consultation to take place between Cabinet-
     level officers and the committees of jurisdiction of the 
     Congress by May 1 of each year.

[[Page S3831]]

     Sec. 22. Admission of Refugees in the Absence of the Annual 
         Presidential Determination.
       This section states that for a fiscal year in which the 
     executive branch does not determine the allocation of 
     refugees for that year, the admission of refugees is not 
     delayed. Rather, until a determination is announced for the 
     new fiscal year, in each quarter of the new fiscal year, the 
     number of refugees equal to one-quarter for the prior fiscal 
     year's allocation may be admitted.
     Sec. 23. Update of Reception and Placement Grants.
       When a refugee is resettled in the United States, the 
     federal government assists him or her through Reception and 
     Placement Grants to non-governmental organizations (NGOs) 
     that help refugees find housing, place their children in 
     school, enroll in ESL classes, and take other initial steps 
     toward building a new life in the United States. Early in 
     2010, the administration increased the per capita grant level 
     to $1800 per refugee, up to $1100 of which may be awarded 
     directly to the refugee for immediate costs, and up to $700 
     of which is used by the NGO to cover the cost of dedicated 
     staff and expenses. Prior to 2010, the per capita level had 
     not kept pace with inflation. For years it was set at a level 
     so low that refugees were effectively consigned to poverty 
     upon arrival in the United States, and NGOs were only able to 
     offset the cost of basic support services to the refugees by 
     raising additional funds. To ensure that the per capita 
     amount does not fall behind the minimum level required for 
     basic needs, this section requires the per capita amount to 
     be adjusted on an annual basis for inflation and the cost of 
     living. It also calls for better forecasting of financial 
     needs with regard to the number of refugees expected to be 
     resettled each year and allows for additional amounts to be 
     paid out in the event that a higher than anticipated number 
     of refugees is admitted in a fiscal year.
     Sec. 24. Protection for Aliens Interdicted at Sea.
       The U.S. government should apply one standard, consistent 
     with the Refugee Convention, to all asylum seekers 
     interdicted at sea, regardless of their nationality. Yet a 
     patchwork of policies has evolved over the past two decades 
     often in response to mass migrations at sea. The result is 
     disparate treatment of Cubans, Chinese and Haitians. This 
     section will require the Secretary of Homeland Security to 
     develop uniform policies to identify asylum seekers among 
     those interdicted at sea and to treat those individuals 
     fairly and in a non-discriminatory manner.
     Sec. 25. Modification of Physical Presence Requirements for 
         Aliens Serving as Translators.
       Under current law, in order to be naturalized, most non-
     U.S. citizens must have continuous residence in the United 
     States for five years and physical presence for periods 
     totaling half that time (2\1/2\ years). This section would 
     permit absence from the United States while serving as a 
     translator for the U.S. government in Iraq or Afghanistan to 
     count toward the 2\1/2\ years physical presence required for 
     naturalization.
     Sec. 26. Assessment of the Refugee Domestic Resettlement 
         Program.
       This section directs GAO to conduct a study on the 
     effectiveness of the domestic refugee resettlement program 
     operated by the Office of Refugee Resettlement (ORR) of the 
     Department of Health and Human Services. The study will 
     analyze issues pertaining to the definition of self 
     sufficiency, the effectiveness of ORR in helping refugees to 
     attain self-sufficiency, the unmet needs of the program, and 
     the role of community-based organizations. The GAO study will 
     issue statutory recommendations.
     Sec. 27. Refugee Assistance.
       This section revises the formula for social services 
     funding allocated to states to include projections of future 
     refugee arrivals, as well as refugee data from prior years. 
     This section requires an annual report on secondary migration 
     and its impact on states.
     Sec. 28. Resettlement Data.
       This section expands and improves data collection and 
     reporting within ORR with regard to the mental health and 
     housing needs of refugees. It will also collect long term 
     employment and self-sufficiency data on resettled refugees.
     Sec. 29. Protections for Refugees.
       Current law makes refugees resettled in the United States 
     eligible to apply for lawful permanent residence after one 
     year. However, current law also suggests that a refugee who 
     does not adjust status after one year may be taken into 
     custody by DHS. (See Section 209 of the INA, 8 U.S.C. 1159). 
     The agency recently issued guidance to clarify interpretation 
     of the law, stating that detention of an unadjusted refugee 
     who is found to be inadmissible or deportable should be 
     determined under the statute relating to apprehension and 
     detention of aliens. (See Section 236 of the INA, 8 U.S.C. 
     1226.) Accordingly, this section of the bill strikes language 
     in current law that suggests that refugees may be taken into 
     custody simply for remaining unadjusted. This section also 
     allows a refugee to apply for lawful permanent residence up 
     to three months prior to obtaining a year of presence in the 
     United States.
     Sec. 30. Extension of Eligibility Period for Social Security 
         Benefits for Certain Refugees.
       This section extends social security benefits to elderly 
     and disabled refugees who have not yet naturalized. 
     Typically, certain eligible refugees may receive social 
     security for seven years. That period was extended for two 
     years in 2008 by a bipartisan bill supported by President 
     Bush. This section extends the social security funding for 
     one additional year.
     Sec. 31. Authorization of Appropriations.
       This section authorizes such sums as are necessary to carry 
     out the Act.
     Sec. 32. Determination of Budgetary Effects.
       This section contains standardized ``PAYGO'' language.
                                  ____


      The Leahy-Levin-Akaka-Durbin Refugee Protection Act of 2011


                    Endorsements as of June 15, 2011

       American Bar Association; American Civil Liberties Union; 
     American Humanist Association; American Immigration Lawyers 
     Association; American Jewish Committee; Amnesty International 
     USA; Association of Africans Living in Vermont; Asylum 
     Access; Center for American Progress Action Fund; Center for 
     Gender & Refugee Studies; Center for Victims of Torture; 
     CenterLink: The Community of LGBT Centers; Church World 
     Service, Immigration and Refugee Program; The Episcopal 
     Church; Family Equality Council; Golden Door Coalition of 
     Illinois; Hebrew Immigrant Aid Society; Hebrew Immigrant Aid 
     Society Chicago; Heartland Alliance for Human Needs & Human 
     Rights; Human Rights Campaign; Human Rights First; Human 
     Rights Watch; Immigrant Child Advocacy Project at the 
     University of Chicago; Immigration Equality Action Fund; 
     International Rescue Committee; Jewish Child and Family 
     Services (Metropolitan Chicago); Kids in Need of Defense 
     (KIND); Lutheran Immigration and Refugee Service; National 
     Center for Transgender Equality; National Immigrant Justice 
     Center; National Immigration Forum; National Immigration Law 
     Center; National Council of Jewish Women; National Latina 
     Institute for Reproductive Health; Organization for Refuge, 
     Asylum & Migration; PFLAG National (Parents, Families and 
     Friends of Lesbians and Gays); RefugeeOne; Refugee Women's 
     Network, Inc.; Refugees International; State Coordinators of 
     Refugee Resettlement (SCORR); Tahirih Justice Center; United 
     African Organization; U.S. Committee for Refugees and 
     Immigrants; U.S. Conference of Catholic Bishops; Vermont 
     Immigration and Asylum Advocates; Women's Refugee Commission.
       The U.S. Commission on International Religious Freedom 
     supports the Refugee Protection Act of 2011.
       *Deborah Anker, Clinical Professor of Law and Director, 
     Harvard Immigration and Refugee Clinical Program, Harvard Law 
     School.
       *Sabi Ardalan, Lecturer on Law, Harvard Immigration and 
     Refugee Clinical Program.
       *Regina Germain, Adjunct Professor of Asylum Law and the 
     Asylum Practicum, University of Denver Sturm College of Law.
       *Philip G. Schrag, Delaney Family Professor of Public 
     Interest Law, Georgetown University.
       *Shoba Sivaprasad Wadhia, Clinical Professor of Law & 
     Director, Center for Immigrants' Rights, Penn State Dickinson 
     School of Law.
       *Title and affiliation listed for informational purposes 
     only.
                                 ______