[Congressional Record Volume 159, Number 42 (Thursday, March 21, 2013)]
[Senate]
[Pages S2149-S2158]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. LEAHY (for himself, Mr. Levin, Ms. Hirono, and Mr.
Blumenthal):
S. 645. 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 reintroduce the
Refugee Protection Act. The Senate will soon turn to comprehensive
immigration reform and the changes to the refugee system contained in
this bill are a critical component of fixing our broken immigration
system. As we address the
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many complex immigration issues facing our country, we must ensure that
America upholds its longstanding commitment to refugee protection.
The Refugee Protection Act of 2013 reaffirms the commitments we made
in ratifying the 1951 Refugee Convention, and will help to restore the
United States as a global leader on human rights. This legislation
seeks to repeal the most harsh, inefficient, 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. I
believe this bill is needed more now than ever. Millions of refugees
remain displaced and warehoused in refugee camps in Eastern Africa,
Southeast Asia, and other parts of the world. Ongoing political
struggles in the Middle East and North Africa are causing dislocation
of significant populations. We will continue to see genuine refugees
who are in dire need of protection. The Refugee Protection Act helps
ensure that America will continue to be a haven for these individuals
and their families, just as it has been historically.
Since passage of the landmark Refugee Act of 1980, more than 2.6
million refugees and asylum seekers have been granted protection in the
United States. In my home State of Vermont, I have seen how the
admission of these refugees and asylum seekers, almost 5,600 in the
last 20 years, has revitalized and enriched communities, resulting in
the creation of new businesses, safer neighborhoods, and stronger
schools. We are fortunate to have the Vermont Refugee Resettlement
Program, with its decades of experience and award-winning volunteer
program, leading this effort. Over the last 5 years, many of these new
Vermonters have come from Bhutan, Burma, and the Congo. As they become
small business owners, nurses, and soccer coaches, they contribute to
the well-being of our communities and their culture enriches my
historically Anglo-Saxon and French-Canadian state.
Vermonters have played a tremendous role in welcoming refugees and
asylum-seekers to their communities. Many have hosted refugee families
in their homes until suitable housing could be found. Despite this
generous community support, however, Vermont's resettlement program is
not without its challenges. We experience many of the same hurdles
faced by resettlement efforts and receiving communities across the
Nation. To help address these hurdles, the Refugee Protection Act of
2013 includes provisions that will help the nationwide resettlement
effort operate more effectively.
In addition to support and improvement of the resettlement program,
this bill concerns 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 is able to handle a slight increase in
its caseload. Meanwhile, as we have heard from many immigration
experts, 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 provider and a
collaborator in the New England Survivor of Torture and Trauma program,
continues to see cases where persons granted asylum are later blocked
from bringing their families to the United States or from applying for
permanent residency by overly broad definitions in current law. This
bill would help such persons prove their cases without taking any
shortcuts that could harm national security. The bill also gives the
President the authority to designate certain 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 recognizes 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 identities 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 great
distance, 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 to ensure that
reforms are meaningful and enforceable. These reforms are humane and
fair, but they will also save taxpayer dollars because of the high
costs associated with unnecessary detentions.
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 2013.
Mr. President, I ask unanimous consent that the text of the bill
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 645
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 2013''.
(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 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.
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. Refugee opportunity promotion.
Sec. 15. Protections for minors seeking asylum.
Sec. 16. Legal assistance for refugees and asylees.
Sec. 17. Protection of stateless persons in the United States.
Sec. 18. Authority to designate certain groups of refugees for
consideration.
Sec. 19. Multiple forms of relief.
Sec. 20. Protection of refugee families.
Sec. 21. Reform of refugee consultation process.
Sec. 22. Admission of refugees in the absence of the annual
presidential determination.
Sec. 23. Update of reception and placement grants.
Sec. 24. Protection for aliens interdicted at sea.
Sec. 25. Modification of physical presence requirements for aliens
serving as translators.
Sec. 26. Assessment of the Refugee Domestic Resettlement Program.
Sec. 27. Refugee assistance.
Sec. 28. Resettlement data.
Sec. 29. Protections for refugees.
Sec. 30. Extension of eligibility period for Social Security benefits
for certain refugees.
Sec. 31. Authorization of appropriations.
Sec. 32. Determination of budgetary effects.
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--
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(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 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) in subparagraph (A), by inserting ``or the Secretary of
Homeland Security'' after ``Attorney General'' each place
such term appears;
(2) by striking subparagraphs (B) and (D);
(3) by redesignating subparagraph (C) as subparagraph (B);
(4) in subparagraph (B), as redesignated, by striking
``subparagraph (D)'' and inserting ``subparagraphs (C) and
(D)''; and
(5) by inserting after subparagraph (B), as redesignated,
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.
``(D) Motion to reopen asylum claim.--Notwithstanding
subparagraph (B) or section 240(c)(7), an alien may file a
motion to reopen an asylum claim during the 2-year period
beginning on the date of the enactment of the Refugee
Protection Act of 2013 if the alien--
``(i) was denied asylum based solely upon a failure to meet
the 1-year application filing deadline in effect on the date
on which the application was filed;
``(ii) was granted withholding of removal to the alien's
country of nationality (or, if stateless, to the country of
last habitual residence under section 241(b)(3));
``(iii) has not obtained lawful permanent residence in the
United States pursuant to any other provision of law;
``(iv) is not subject to the safe third country exception
in section 208(a)(2)(A) or a bar to asylum under section
208(b)(2) and should not be denied asylum as a matter of
discretion; and
``(v) is physically present in the United States when the
motion is filed.''.
SEC. 4. PROTECTING VICTIMS OF TERRORISM FROM BEING DEFINED AS
TERRORISTS.
(a) Terrorist Activities.--Section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is
amended to read as follows:
``(B) Terrorist activities.--
``(i) In general.--Except as provided in clause (ii) and
subsection (d)(3)(B)(i), an alien is inadmissible if--
``(I) the alien has engaged in a terrorist activity;
``(II) a consular officer, the Attorney General, or the
Secretary of Homeland Security knows, or has reasonable
ground to believe, that the alien is engaged, or is likely to
engage after entry, in any terrorist activity;
``(III) the alien has, under circumstances indicating an
intention to cause death or serious bodily harm, incited
terrorist activity;
``(IV) the alien is a representative of--
``(aa) a terrorist organization; or
``(bb) a political, social, or other group that endorses or
espouses terrorist activity;
``(V) the alien is a member of a terrorist organization;
``(VI) the alien endorses or espouses terrorist activity or
persuades others to endorse or espouse terrorist activity or
support a terrorist organization;
``(VII) the alien has received military-type training (as
defined in section 2339D(c)(1) of title 18, United States
Code) from, or on behalf of, any organization that, at the
time the training was received, was a terrorist organization;
or
``(VIII) the alien is an officer, official, representative,
or spokesman of the Palestine Liberation Organization.
``(ii) Exceptions.--
``(I) Lack of knowledge.--Clause (i)(V) shall not apply to
an alien who is a member of a terrorist organization
described in clause (iii)(V)(cc) if the alien demonstrates by
clear and convincing evidence that the alien did not know,
and should not reasonably have known, that the organization
was a terrorist organization.
``(II) Duress.--Clause (i)(VII) and items (dd) through (ff)
of clause (iii)(I) shall not apply to an alien who
establishes that his or her actions giving rise to
inadmissibility under such clause were committed under duress
and the alien does not pose a threat to the security of the
United States. In determining whether the alien was subject
to duress, the Secretary of Homeland Security may consider,
among relevant factors, the age of the alien at the time such
actions were committed.
``(iii) Definitions.--In this section:
``(I) Engage in terrorist activity.--The term `engage in
terrorist activity' means, in an individual capacity or as a
member of an organization--
``(aa) to commit or to incite to commit, under
circumstances indicating an intention to cause death or
serious bodily injury, a terrorist activity;
``(bb) to prepare or plan a terrorist activity;
``(cc) to gather information on potential targets for
terrorist activity;
``(dd) to solicit funds or other things of value for--
``(AA) a terrorist activity;
``(BB) a terrorist organization described in item (aa) or
(bb) of clause (iii)(V); or
``(CC) a terrorist organization described in clause
(iii)(V)(cc), unless the solicitor can demonstrate by clear
and convincing evidence that he or she did not know, and
should not reasonably have known, that the organization was a
terrorist organization;
``(ee) to solicit any individual--
``(AA) to engage in conduct otherwise described in this
subsection;
``(BB) for membership in a terrorist organization described
in item (aa) or (bb) of clause (iii)(V); or
``(CC) for membership in a terrorist organization described
in clause (iii)(V)(cc) unless the solicitor can demonstrate
by clear and convincing evidence that he or she did not know,
and should not reasonably have known, that the organization
was a terrorist organization; or
``(ff) to commit an act that the actor knows, or reasonably
should know, affords material support, including a safe
house, transportation, communications, funds, transfer of
funds or other material financial benefit, false
documentation or identification, weapons (including chemical,
biological, or radiological weapons), explosives, or
training--
``(AA) for the commission of a terrorist activity;
``(BB) to any individual who the actor knows, or reasonably
should know, has committed or plans to commit a terrorist
activity;
``(CC) to a terrorist organization described in item (aa)
or (bb) of clause (iii)(V) or to any member of such an
organization; or
``(DD) to a terrorist organization described in clause
(iii)(V)(cc), or to any member of such an organization,
unless the actor can demonstrate by clear and convincing
evidence that he or she did not know, and should not
reasonably have known, that the organization was a terrorist
organization.
``(II) Material support.--The term `material support' means
support that is significant and of a kind directly relevant
to terrorist activity.
``(III) Representative.--The term `representative'
includes--
``(aa) an officer, official, or spokesman of an
organization; and
``(bb) any person who directs, counsels, commands, or
induces an organization or its members to engage in terrorist
activity.
``(IV) Terrorist activity.--The term `terrorist activity'
means any activity which is unlawful under the laws of the
place where it is committed (or which, if it had been
committed in the United States, would be unlawful under the
laws of the United States or any State) and which involves--
``(aa) the highjacking or sabotage of any conveyance
(including an aircraft, vessel, or vehicle);
``(bb) the seizing or detaining, and threatening to kill,
injure, or continue to detain, another individual in order to
compel a third person (including a governmental organization)
to do or abstain from doing any act as an explicit or
implicit condition for the release of the individual seized
or detained;
``(cc) a violent attack upon an internationally protected
person (as defined in section 1116(b)(4) of title 18, United
States Code) or upon the liberty of such a person;
``(dd) an assassination;
``(ee) the use, with the intent to endanger the safety of 1
or more individuals or to cause substantial damage to
property, of any--
``(AA) biological agent, chemical agent, or nuclear weapon
or device; or
``(BB) explosive, firearm, or other weapon or dangerous
device (other than for mere personal monetary gain); or
``(ff) a threat, attempt, or conspiracy to carry out any of
the activities described in items (aa) through (ee).
``(V) Terrorist organization.--The term `terrorist
organization' means an organization--
``(aa) designated under section 219;
``(bb) otherwise designated, upon publication in the
Federal Register, by the Secretary of State in consultation
with or upon the request of the Attorney General or the
Secretary of Homeland Security, as a terrorist organization,
after finding that the organization engages in the activities
described in items (aa) through (ff) of subclause (I); or
``(cc) that is a group of 2 or more individuals, whether
organized or not, which engages in, or has a subgroup which
engages in, the activities described in items (aa) through
(ff) of subclause (I).''.
(b) Child Soldiers.--
(1) Inadmissibility.--Section 212(a)(3)(G) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(G)) is
amended by adding at the end the following ``This
subparagraph shall not apply to an alien who establishes that
the actions giving rise to inadmissibility under this
subparagraph were committed under duress or carried out while
the alien was younger than 18 years of age.''.
(2) Deportability.--Section 237(a)(4)(F) of such Act (8
U.S.C. 1227(a)(4)(F)) is amended--
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(A) by redesignating subparagraph (F) as subparagraph (G);
(B) by redesignating subparagraph (E) (as added by section
5502(b)), as subparagraph (F); and
(C) in subparagraph (G), as redesignated, by adding at the
end the following ``This subparagraph shall not apply to an
alien who establishes that the actions giving rise to
deportability under this subparagraph were committed under
duress or carried out while the alien was younger than 18
years of age.''.
(c) Temporary Admission of Nonimmigrants.--Section
212(d)(3)(B)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(3)(B)(i)) is amended to read as follows:
``(B)(i) The Secretary of State, after consultation with
the Attorney General and the Secretary of Homeland Security,
or the Secretary of Homeland Security, after consultation
with the Secretary of State and the Attorney General, may
conclude, in such Secretary's sole, unreviewable discretion,
that subsection (a)(3)(B) shall not apply to an alien or that
subsection (a)(3)(B)(iii)(V)(cc) shall not apply to a group.
The Secretary of State may not exercise discretion under this
clause with respect to an alien after removal proceedings
against the alien have commenced under section 240.''.
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 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 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.
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).''; and
(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,''.
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,
[[Page S2153]]
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 denied parole under section
235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(B)) 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) Individualized determinations.--For aliens who pose a
flight risk, the Secretary shall make an individualized
determination as to whether this risk can be mitigated
through the Program.
(7) Rulemaking.--The Attorney General and the Secretary
shall promulgate regulations establishing procedures for the
review of any determination under this section by an
immigration judge, unless the alien waives the right to such
review.
(8) Contracts.--The Secretary shall enter into contracts
with qualified nongovernmental entities to implement the
Program.
(9) 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.
(c) Parole of Certain Aliens.--Section 235(b)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)) is
amended--
(1) by redesignating clause (v) as clause (vi); and
(2) by inserting after clause (iv) the following:
``(v) Release.--
``(I) In general.--Any alien subject to detention under
this subsection who has 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 Secretary of Homeland Security
demonstrates by substantial evidence that the alien--
``(aa) poses a risk to public safety, which may include a
risk to national security; or
``(bb) 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.
``(II) Notice.--The Secretary of Homeland Security shall
provide every alien and the alien's legal representative with
written notification of the parole decision, including a
brief explanation of the reasons for any decision to deny
parole. The notification should be communicated to the alien
orally or in writing, in a language the alien claims to
understand.''.
SEC. 10. CONDITIONS OF DETENTION.
(a) In General.--The Secretary shall promulgate regulations
that--
(1) establish the conditions for the detention of asylum
seekers that ensure a safe and humane environment; and
(2) include the rights and procedures set forth in
subsections (c) through (e).
(b) Definitions.--In this section:
(1) Detainee.--The term ``detainee'' means an individual
who is detained under the authority of U.S. Immigration and
Customs Enforcement.
(2) Detention facility.--The term ``detention facility''
means any Federal, State, or local government facility or
privately owned and operated facility, which is being used to
hold detainees longer than 72 hours.
(3) 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.
(4) Short-term detention facility.--The term ``short-term
detention facility'' means any detention facility that is
used to hold immigration detainees for not more than 72
hours.
(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.--The Secretary
shall establish procedures for regularly scheduled, group
legal orientation presentations.
(3) Grants authorized.--The Secretary shall establish a
program to award grants to nongovernmental agencies for the
purpose of developing, implementing, or expanding legal
orientation programs available for all detainees at the
detention facilities in which such programs are offered.
(4) Visits.--Detainees shall be provided adequate access to
contact visits from--
(A) legal service providers, including attorneys,
paralegals, law graduates, law students, and representatives
accredited by the Board of Immigration Appeals;
(B) consultants, as authorized under section 235(b) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)), before
and during interviews in which determinations of credible
fear of persecution are made; and
(C) individuals assisting in the provision of legal
representation and documentation in support of the asylum
seekers' cases, including interpreters, medical personnel,
mental health providers, social welfare workers, expert and
fact witnesses, and others.
(5) Notification requirement.--The Secretary shall
establish procedures to provide detainees with adequate and
prompt notice, in the language of the detainee, of their
available release options and the procedures for requesting
such options.
(6) Location of new detention 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.
(7) Notification of transfers.--The Secretary shall
establish procedures requiring the prompt notification of the
legal representative of a detainee before transferring such
detainee to another detention facility.
(8) Access to telephones.--
(A) 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.
(B) Contacts.--Each detainee has the right to contact by
telephone, free of charge--
(i) legal representatives;
(ii) nongovernmental organizations designated by the
Secretary;
(iii) consular officials;
(iv) the United Nations High Commissioner for Refugees;
(v) Federal and State courts in which the detainee is, or
may become, involved in a legal proceeding; and
(vi) 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.
(d) Religious and Cultural Provisions.--
(1) Access to religious services.--Detainees shall be given
full and equitable access to religious services, religious
materials, opportunity for religious group study, and
religious counseling appropriate to their religious beliefs
and practices.
(2) Chaplains.--Each detention facility shall have a
chaplain, who shall be responsible for--
(A) managing the religious activities at the detention
facility, including providing pastoral care and counseling to
detainees; and
(B) facilitating access to pastoral care and counseling
from external clergy or religious service providers who
represent the faiths of the detainees at the facility.
(3) Dietary needs.--The Secretary shall ensure that the
religious, medical, and cultural dietary needs of the
detainees are met.
(4) Qualifications of staff.--The Secretary shall ensure
that detention facility staff members are trained to
recognize and address cultural and gender issues relevant to
male, female, and child detainees.
(5) Access to detention facilities by nongovernmental
organizations.--Nongovernmental organizations shall be
provided reasonable access to a detention facility to--
(A) observe the conditions of detention outlined in this
section;
(B) engage in teaching and training programs for the
detainees detained at the facility; and
(C) provide legal or religious services to the detainees.
(e) 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 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.
[[Page S2154]]
(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.
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--
``(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. REFUGEE OPPORTUNITY PROMOTION.
Section 209 of the Immigration and Nationality Act (8
U.S.C. 1159) is amended--
(1) in subsection (a)(1)(B), by striking ``one year,'' and
inserting ``1 year (except as provided under subsection
(d));'';
(2) in subsection (b)(2), by striking ``asylum,'' and
inserting ``asylum (except as provided under subsection
(d));''; and
(3) by adding at the end the following:
``(d) Exception to Physical Presence Requirement.--An alien
who does not meet the 1-year physical presence requirement
under subsection (a)(1)(B) or (b)(2), but who otherwise meets
the requirements under subsection (a) or (b) for adjustment
of status to that of an alien lawfully admitted for permanent
residence, may be eligible for such adjustment of status if
the alien--
``(1) is or was employed by--
``(A) the United States Government or a contractor of the
United States Government overseas and performing work on
behalf of the United States Government for the entire period
of absence, which may not exceed 1 year; or
``(B) the United States Government or a contractor of the
United States Government in the alien's country of
nationality or last habitual residence for the entire period
of absence, which may not exceed 1 year, and the alien was
under the protection of the United States Government or a
contractor while performing work on behalf of the United
States Government during the entire period of employment; and
``(2) returned immediately to the United States upon the
conclusion of the employment.''.
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
amending subparagraph (E) to read as follows:
``(E) Applicability to minors.--Subparagraphs (A), (B), and
(C) shall 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), by amending subparagraph (C) to
read as follows:
``(C) Initial 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. 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--
[[Page S2155]]
(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. 17. 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. Individuals who have
lost their nationality as a result of their voluntary action
or knowing inaction after arrival in the United States shall
not be considered de jure stateless persons.
``(2) Designation of specific de jure groups.--The
Secretary of Homeland Security, in consultation with the
Secretary of State, may, in the discretion of the Secretary,
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, in his or her discretion, 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); and
``(D) is not described in section 241(b)(3)(B)(i).
``(2) Waivers.--The provisions under paragraphs (4), (5),
(6)(A), (7)(A), and (9) of section 212(a) shall not be
applicable to any alien seeking relief under paragraph (1).
The Secretary of Homeland Security or the Attorney General
may waive any other provision of such section (other than
paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of
paragraph (3)) with respect to such an alien for humanitarian
purposes, to assure family unity, or if it is otherwise in
the public interest.
``(3) Submission of passport or travel document.--Any alien
who seeks relief under this section shall submit to the
Secretary of Homeland Security or the Attorney General--
``(A) any passport or travel document issued at any time to
the alien (whether or not the passport or document has
expired or been cancelled, rescinded, or revoked); or
``(B) an affidavit, sworn under penalty of perjury--
``(i) stating that the alien has never been issued a
passport or travel document; or
``(ii) identifying with particularity any such passport or
travel document and explaining why the alien cannot submit
it.
``(4) Work authorization.--The Secretary of Homeland
Security 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.
``(5) Treatment of spouse and children.--The spouse or
child of an alien who has been granted conditional lawful
status under paragraph (1) shall, if not otherwise eligible
for admission under paragraph (1), be granted conditional
lawful status under this section if accompanying, or
following to join, such alien if--
``(A) the spouse or child is admissible (except as
otherwise provided in paragraph (2)); and
``(B) 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 5-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 5 years;
``(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 of status.--The Secretary
of Homeland Security 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 5 years 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) 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 that
is 5 years before the date of such approval.
``(d) Proving the Claim.--In determining an alien's
eligibility for lawful conditional status or adjustment of
status under this subsection, the Secretary of Homeland
Security 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.
``(e) Review.--
``(1) Administrative review.--No appeal shall lie from the
denial of an application by the Secretary, but such denial
will be without prejudice to the alien's right to renew the
application in proceedings under section 240.
``(2) Motions to reopen.--Notwithstanding any limitation
imposed by law on motions to reopen removal, deportation, or
exclusion proceedings, any individual who is eligible for
relief under this section may file a motion to reopen removal
or deportation proceedings in order to apply for relief under
this section. Any such motion shall be filed not later than
the later of--
``(A) 2 years after the date of the enactment of the
Refugee Protection Act of 2013; or
``(B) 90 days after the date of entry of a final
administrative order of removal, deportation, or exclusion.
``(f) Limitation.--
``(1) Applicability.--The provisions of this section shall
only apply to aliens present in the United States.
``(2) Savings provision.--Nothing in this section may be
construed to authorize or require--
``(A) the admission of any alien to the United States;
``(B) the parole of any alien into the United States; or
``(C) the grant of any motion to reopen or reconsider filed
by an alien after departure or removal from the United
States.''.
(b) Judicial Review.--Section 242(a)(2)(B)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)(ii))
is amended by inserting ``or 210A'' after ``208(a)''.
(c) 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. 18. 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 President, upon a recommendation of the
Secretary of State made in consultation with the Secretary of
Homeland Security, and after appropriate consultation, may
designate specifically defined groups of aliens--
``(I) whose resettlement in the United States is justified
by humanitarian concerns or is otherwise in the national
interest; and
``(II) who--
``(aa) 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 of other serious harm; or
``(bb) having been identified as targets as described in
item (aa), share a common need for resettlement due to a
specific vulnerability.
``(ii) An alien who establishes membership in a group
designated under clause (i) to the satisfaction of the
Secretary of Homeland Security shall be considered a refugee
for purposes of admission as a refugee under this section
unless the Secretary determines that such alien ordered,
incited, assisted, or otherwise participated in the
persecution of any person on account of race, religion,
nationality, membership in a particular social group, or
political opinion.
``(iii) A designation under clause (i)--
``(I) may be revoked by the President at any time after
notification to Congress;
``(II) if not revoked under subclause (I), shall expire at
the end of the fiscal year; and
``(III) may be renewed by the President after appropriate
consultation.
``(iv) Categories of aliens established under section 599D
of Public Law 101-167 (8 U.S.C. 1157 note)--
``(I) shall be designated under clause (i) until the end of
the first fiscal year commencing after the date of the
enactment of the Refugee Protection Act of 2013; and
``(II) shall be eligible for designation thereafter at the
discretion of the President.
``(v) An alien's admission under this subparagraph shall
count against the refugee admissions goal under subsection
(a).
[[Page S2156]]
``(vi) 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) Written Reasons for Denials of Refugee Status.--Each
decision to deny an application for refugee status of an
alien who is within a category established under section
207(c)(1)(B) of the Immigration and Nationality Act, as added
by subsection (a) shall be in writing and shall state, to the
maximum extent feasible, the reason for the denial.
(c) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the first fiscal year
that begins after the date of the enactment of this Act.
SEC. 19. 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) 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. 20. 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, 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.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 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), as amended by section 15(a)(2),
by adding at the end the following:
``(D) 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. 21. REFORM OF REFUGEE CONSULTATION PROCESS.
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. 22. 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. 23. UPDATE OF RECEPTION AND PLACEMENT GRANTS.
Beginning with fiscal year 2014, 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. 24. 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'';
[[Page S2157]]
(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 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. 25. MODIFICATION OF PHYSICAL PRESENCE REQUIREMENTS FOR
ALIENS SERVING AS TRANSLATORS.
(a) In General.--Section 1059(e)(1) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8
U.S.C. 1101 note) is amended to read as follows:
``(1) In general.--
``(A) Continuous residence.--An absence from the United
States described in paragraph (2) shall not be considered to
break any period for which continuous residence in the United
States is required for naturalization under title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.).
``(B) Physical presence.--In the case of a lawful permanent
resident, for an absence from the United States described in
paragraph (2), the time spent outside of the United States in
the capacity described in paragraph (2) shall be counted
towards the accumulation of the required physical presence in
the United States.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the amendment made by
section 1(c)(2) of the Act entitled ``An Act to increase the
number of Iraqi and Afghani translators and interpreters who
may be admitted to the United States as special immigrants,
and for other purposes'', approved June 15, 2007 (Public Law
110-36; 121 Stat. 227).
SEC. 26. ASSESSMENT OF THE REFUGEE DOMESTIC RESETTLEMENT
PROGRAM.
(a) In General.--As soon as practicable after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study regarding the
effectiveness of the domestic refugee resettlement programs
operated by the Office of Refugee Resettlement.
(b) Matters To Be Studied.--In the study required under
subsection (a), the Comptroller General shall determine and
analyze--
(1) how the Office of Refugee Resettlement defines self-
sufficiency;
(2) if this definition is adequate in addressing refugee
needs in the United States;
(3) the effectiveness of the Office of Refugee Resettlement
programs in helping refugees to meet self-sufficiency;
(4) an analysis of the unmet needs of the programs;
(5) an evaluation of the Office of Refugee Resettlement's
budgetary resources and projection of the amount of
additional resources needed to fully address the unmet needs
of refugees with regard to self-sufficiency;
(6) the role of community-based organizations in serving
refugees in areas experiencing a high number of new refugee
arrivals;
(7) an analysis of how community-based organizations can be
better utilized and supported in the Federal domestic
resettlement process; and
(8) recommendations on statutory changes to improve the
Office of Refugee Resettlement and the domestic refugee
program in relation to the matters analyzed under paragraphs
(1) through (7).
(c) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall submit a
report to Congress that contains the results of the study
required under subsection (a).
SEC. 27. REFUGEE ASSISTANCE.
(a) Amendments to the Social Services Funding.--Section
412(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1522(c)(1)(B)) is amended to read as follows:
``(B) The funds available for a fiscal year for grants and
contracts under subparagraph (A) shall be allocated among the
States based on a combination of--
``(i) the total number or refugees (including children and
adults) who arrived in the United States not more than 36
months before the beginning of such fiscal year and are
actually residing in each State (taking into account
secondary migration) as of the beginning of the fiscal year;
``(ii) the total number of all other eligible populations
served by the Office during the period described who are
residing in the State as of the beginning of the fiscal year;
and
``(iii) projections on the number and nature of incoming
refugees and other populations served by the Office during
the subsequent fiscal year.''.
(b) Report on Secondary Migration.--Section 412(a)(3) of
such Act (814 U.S.C. 1522(a)(3)) is amended--
(1) by striking ``a periodic'' and inserting ``an annual'';
and
(2) by adding at the end the following: ``At the end of
each fiscal year, the Assistant Secretary shall submit a
report to Congress that describes the findings of the
assessment, including States experiencing departures and
arrivals due to secondary migration, likely reasons for
migration, the impact of secondary migration on States
hosting secondary migrants, availability of social services
for secondary migrants in those States, and unmet needs of
those secondary migrants.''.
(c) Assistance Made Available to Secondary Migrants.--
Section 412(a)(1) of such Act (8 U.S.C. 1522(a)(1)) is
amended by adding at the end the following:
``(C) When providing assistance under this section, the
Assistant Secretary shall ensure that such assistance is
provided to refugees who are secondary migrants and meet all
other eligibility requirements for such services.''.
(d) Notice and Rulemaking.--Not later than 90 days after
the date of enactment of this Act, but in no event later than
30 days before the effective date of the amendments made by
this section, the Assistant Secretary shall--
(1) issue a proposed rule of the new formula by which
grants and contracts are to be allocated pursuant to the
amendments made by subsection (c); and
(2) solicit public comment.
(e) 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. 28. RESETTLEMENT DATA.
(a) In General.--The Assistant Secretary of Health and
Human Services for Refugee and Asylee Resettlement (referred
to in this section as the ``Assistant Secretary'') shall
expand the Office of Refugee Resettlement's data analysis,
collection, and sharing activities in accordance with this
section.
(b) Data on Mental and Physical Medical Cases.--The
Assistant Secretary shall coordinate with the Centers for
Disease Control, national resettlement agencies, community-
based organizations, and State refugee health programs to
track national and State trends on refugees arriving with
Class A medical conditions and other urgent medical needs. In
collecting information under this subsection, the Assistant
Secretary shall utilize initial refugee health screening
data, including history of severe trauma, torture, mental
health symptoms, depression, anxiety and post traumatic
stress disorder, recorded during domestic and international
health screenings, and Refugee Medical Assistance utilization
rate data.
(c) Data on Housing Needs.--The Assistant Secretary shall
partner with State refugee programs, community-based
organizations, and national resettlement agencies to collect
data relating to the housing needs of refugees, including--
(1) the number of refugees who have become homeless; and
(2) the number of refugees at severe risk of becoming
homeless.
[[Page S2158]]
(d) Data on Refugee Employment and Self-sufficiency.--The
Assistant Secretary shall gather longitudinal information
relating to refugee self-sufficiency and employment status
for 2-year period beginning 1 year after the refugee's
arrival.
(e) Availability of Data.--The Assistant Secretary shall
annually--
(1) update the data collected under this section; and
(2) submit a report to Congress that contains the updated
data.
SEC. 29. PROTECTIONS FOR REFUGEES.
Section 209 (8 U.S.C. 1159) is amended--
(1) in subsection (a)(1), by striking ``return or be
returned to the custody of the Department of Homeland
Security for inspection and examination for admission to the
United States as an immigrant in accordance with the
provisions of sections 235, 240, and 241'' and inserting ``be
eligible for adjustment of status as an immigrant to the
United States'';
(2) in subsection (a)(2), by striking ``upon inspection and
examination''; and
(3) in subsection (c), by adding at the end the following:
``An application for adjustment under this section may be
filed up to 3 months before the date the applicant would
first otherwise be eligible for adjustment under this
section.''.
SEC. 30. EXTENSION OF ELIGIBILITY PERIOD FOR SOCIAL SECURITY
BENEFITS FOR CERTAIN REFUGEES.
(a) Extension of Eligibility Period.--
(1) In general.--Section 402(a)(2)(M)(i) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612(a)(2)(M)(i)) is amended--
(A) in subclause (I), by striking ``9-year'' and inserting
``10-year''; and
(B) in subclause (II), by striking ``2-year'' and inserting
``3-year''.
(2) Conforming amendment.--The heading for section
402(a)(2)(M)(i) of such Act is amended by striking ``Two-year
extension'' and inserting ``Extension''.
(3) Effective date.--The amendments made by this subsection
take effect on October 1, 2013.
(b) Extension of Period for Collection of Unemployment
Compensation Debts Resulting From Fraud.--Paragraph (8) of
section 6402(f) of the Internal Revenue Code of 1986
(relating to collection of unemployment compensation debts
resulting from fraud) is amended by striking ``10 years'' and
inserting ``10 years and 2 months''.
SEC. 31. 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.
SEC. 32. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010
(Public Law 111-139), shall be determined by reference to the
latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in
the Congressional Record by the Chairmen of the Senate Budget
Committee, provided that such statement has been submitted
prior to the vote on passage.
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