I 

116TH CONGRESS 

1ST SESSION H. R. 5210 

To provide for the admission and protection of refugees, asylum seekers, 

and other vulnerable individuals, to provide for the processing of refugees 

and asylum seekers in the Western Hemisphere, and to modify certain 

special immigrant visa programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2019 

Ms. LOFGREN (for herself, Mr. NADLER, Ms. JAYAPAL, Mr. NEGUSE, Mr. 

CASTRO of Texas, Mr. CROW, Ms. DEAN, Ms. DELAURO, Mr. 

DESAULNIER, Mr. ENGEL, Ms. ESCOBAR, Mr. ESPAILLAT, Ms. GARCIA

of Texas, Mr. GRIJALVA, Mr. HIGGINS of New York, Mr. JOHNSON of 

Georgia, Mr. KHANNA, Mr. LOWENTHAL, Mr. MCGOVERN, Mrs. NAPOLITANO, Ms. NORTON, Mr. PALLONE, Mr. PANETTA, Mr. QUIGLEY, Mr. 

RASKIN, Mr. SIRES, Mr. SMITH of Washington, Mr. SWALWELL of California, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. TLAIB, and Mr. VISCLOSKY) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and 

Means, the Budget, and Foreign Affairs, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the admission and protection of refugees, 

asylum seekers, and other vulnerable individuals, to provide for the processing of refugees and asylum seekers 

in the Western Hemisphere, and to modify certain special 

immigrant visa programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Refugee Protection Act of 2019’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—ADMISSION AND PROTECTION OF REFUGEES, ASYLUM 

SEEKERS, AND OTHER VULNERABLE INDIVIDUALS 

Subtitle A—Refugees and Asylum Seekers 

Sec. 101. Modification of definition of refugee. 

Sec. 102. Multiple forms of relief available to refugees and asylum seekers. 

Sec. 103. Elimination of time limits on asylum applications. 

Sec. 104. Consideration of asylum claims. 

Sec. 105. Transparency in refugee determinations. 

Sec. 106. Employment authorization for asylum seekers and other individuals. 

Sec. 107. Admission of refugees and asylees as lawful permanent residents. 

Subtitle B—Protections for Children and Families 

Sec. 111. Keeping families together. 

Sec. 112. Protections for minors seeking asylum. 

Sec. 113. Fair day in court for kids. 

Subtitle C—Protections for Other Vulnerable Individuals 

Sec. 121. Modification of physical presence requirements for aliens admitted in 

special immigrant status for persons who have served as translators for the Armed Forces. 

Sec. 122. Protection of stateless persons in the United States. 

Sec. 123. Protecting victims of terrorism from being defined as terrorists. 

Sec. 124. Protection for aliens interdicted at sea. 

Sec. 125. Enhanced protection for individuals seeking U visas, T visas, and 

protection under VAWA. 

Subtitle D—Protections Relating to Removal, Detention, and Prosecution 

Sec. 131. Prevention of erroneous in absentia orders of removal. 

Sec. 132. Scope and standard for review of removal orders. 

Sec. 133. Presumption of liberty for asylum seekers. 

Sec. 134. Procedures for ensuring accuracy and verifiability of sworn statements taken pursuant to expedited removal authority. 

Sec. 135. Inspections by immigration officers. 

Sec. 136. Study on effect on asylum claims of expedited removal provisions, 

practices, and procedures. 

Sec. 137. Alignment with Refugee Convention obligations by prohibiting criminal prosecution of refugees. 


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Subtitle E—Refugee Resettlement 

Sec. 141. Prioritization of family reunification in refugee resettlement process. 

Sec. 142. Numerical goals for annual refugee admissions. 

Sec. 143. Reform of refugee admissions consultation process. 

Sec. 144. Designation of certain groups of refugees for resettlement and admission of refugees in emergency situations. 

Sec. 145. Refugee resettlement; radius requirements. 

Sec. 146. Study and report on contributions by refugees to the United States. 

Sec. 147. Update of reception and placement grants. 

Sec. 148. Resettlement data. 

Sec. 149. Refugee assistance. 

Sec. 150. Extension of eligibility period for Social Security benefits for certain 

refugees. 

Sec. 151. United States Emergency Refugee Resettlement Contingency Fund. 

Subtitle F—Miscellaneous Provision 

Sec. 161. Authorization of appropriations. 

TITLE II—REFUGEE AND ASYLUM SEEKER PROCESSING IN 

WESTERN HEMISPHERE 

Sec. 201. Expansion of refugee and asylum seeker processing. 

Sec. 202. Strengthening regional humanitarian responses. 

Sec. 203. Information campaign on dangers of irregular migration. 

Sec. 204. Reporting requirement. 

Sec. 205. Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States. 

Sec. 206. Central American Refugee Program. 

Sec. 207. Central American Minors Program. 

Sec. 208. Central American Family Reunification Parole Program. 

Sec. 209. Informational campaign; case status hotline. 

TITLE III—SPECIAL IMMIGRANT VISA PROGRAMS 

Sec. 301. Improvement of the direct access program for U.S.-affiliated Iraqis. 

Sec. 302. Conversion of certain petitions. 

Sec. 303. Special immigrant visa program reporting requirement. 

Sec. 304. Improvements to application process for Afghan special immigrant 

visas. 

Sec. 305. Special immigrant status for certain surviving spouses and children. 

Sec. 306. Inclusion of certain special immigrants in the annual refugee survey. 

Sec. 307. United States refugee program priorities. 

Sec. 308. Special immigrant status for certain Syrian who worked for the 

United States Government in Syria. 

Sec. 309. Special immigrant status reporting requirement. 

Sec. 310. Processing mechanisms. 

TITLE IV—GENERAL PROVISIONS 

Sec. 401. Authorization of appropriations. 

Sec. 402. Determination of budgetary effects. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 


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1 (1) In 2019, the world is in the midst of the 

2 worst global displacement crisis in history, with 

3 more than 70,800,000 forcibly displaced persons, in4 cluding 25,900,000 refugees worldwide, over half of 

5 whom are children, according to estimates from the 

6 United Nations High Commissioner for Refugees. 

7 (2) In 2018, less than 5 percent of global reset8 tlement needs were met despite there being 

9 1,400,000 refugees in need of third-country resettle10 ment. 

11 (3) The United States refugee admissions pro12 gram is a life-saving solution that— 

13 (A) is critical to global humanitarian ef14 forts; 

15 (B) strengthens global security; 

16 (C) leverages United States foreign policy 

17 interests, including diplomatic and strategic in18 terests of supporting allies who often host a sig19 nificant and disproportionate share of refugees 

20 per capita; 

21 (D) stabilizes sensitive regions impacted by 

22 forced migration by ensuring that the United 

23 States shares responsibility for global refugee 

24 protection; 


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1 (E) leverages refugee resettlement in the 

2 United States to encourage other countries to 

3 uphold the human rights of refugees, including 

4 by ensuring that refugees— 

5 (i) have the right to work, the right to 

6 an education, and freedom of movement; 

7 and 

8 (ii) are not returned to a place in 

9 which their life or freedom is at risk; 

10 (F) serves individuals and families in need 

11 of resettlement; 

12 (G) provides economic and cultural bene13 fits to cities, States, and the United States as 

14 a whole; and 

15 (H) aligns with the international obliga16 tions of the United States, including under— 

17 (i) the Convention Relating to the 

18 Status of Refugees, done at Geneva July 

19 28, 1951 (as made applicable by the Pro20 tocol Relating to the Status of Refugees, 

21 done at New York January 31, 1967 (19 

22 UST 6223)), of which the United States is 

23 a party; 

24 (ii) the Convention against Torture 

25 and Other Cruel, Inhuman or Degrading 


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1 Treatment or Punishment, done at New 

2 York December 10, 1984, of which the 

3 United States is a party; 

4 (iii) the Convention relating to the 

5 Status of Stateless Persons, done at New 

6 York September 28, 1954; and 

7 (iv) the Convention on the Reduction 

8 of Statelessness, done at New York August 

9 30, 1961. 

10 (4) The United States has historically been, 

11 and should continue to be, a global leader in— 

12 (A) responding to displacement crises 

13 around the world, including through the provi14 sion of robust humanitarian support; 

15 (B) promoting the safety, health, and well16 being of refugees and displaced persons; 

17 (C) welcoming asylum seekers who seek 

18 safety and protecting other at-risk migrants, in19 cluding survivors of torture, victims of traf20 ficking, and stateless people; and 

21 (D) working alongside other countries to 

22 strengthen protection systems and support. 

23 (5) The United States has steadily reduced— 

24 (A) access to asylum protection through 

25 administrative policy and programmatic 


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1 changes, including policies and operational deci2 sions aimed at reducing or stopping the ability 

3 of asylum seekers to access the United States 

4 border; and 

5 (B) the resettlement of refugees, by way of 

6 two consecutive historically low annual refugee 

7 admissions goals after nearly 45 years during 

8 which the average annual United States refugee 

9 admissions goal was over 95,000 individuals. 

10 (6) Refugees are— 

11 (A) the most vetted travelers to enter the 

12 United States; and 

13 (B) subject to extensive screening checks, 

14 including in-person interviews, biometric data 

15 checks, and multiple interagency checks. 

16 (7) For the sake of refugees, asylum seekers, 

17 other migrants, United States national diplomatic 

18 and strategic interests, and local communities that 

19 benefit from the presence of refugees, asylees, and 

20 other migrants, it is crucial for the United States to 

21 better protect refugees and asylum seekers through 

22 reforms, including— 

23 (A) asylum reforms that ensure due proc24 ess; 


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1 (B) reforms to border migration enforce2 ment, management, and adjudication systems 

3 that integrate stronger protection of, and en4 sure due process for, asylum seekers, children, 

5 victims of trafficking, stateless people, and 

6 other migrants, including— 

7 (i) community-based alternatives to 

8 detention for asylum seekers and other vul9 nerable migrants; 

10 (ii) improved detention conditions; 

11 (iii) an emphasis on fairness in the ar12 rest and adjudication process; 

13 (iv) increased access to legal informa14 tion and representation; and 

15 (v) a stronger commitment to child 

16 welfare in staffing and processes; and 

17 (C) refugee reforms that— 

18 (i) ensure at least the historical aver19 age annual refugee admissions goal; 

20 (ii) prevent refugee policy that dis21 criminates based on race or religion; 

22 (iii) improve opportunities for refu23 gees to achieve family unity; and 


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1 (iv) update and strengthen support 

2 for refugees and the communities that wel3 come refugees. 

4 (8) The people of the United States, and com5 munities across the United States, overwhelmingly 

6 support refugees and asylum seekers, including peo7 ple of faith, members of the Armed Forces, veterans, 

8 elected officials, and retired high-ranking officials. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) ASYLUM SEEKER.— 

12 (A) IN GENERAL.—The term ‘‘asylum 

13 seeker’’ means— 

14 (i) any applicant for asylum under 

15 section 208 of the Immigration and Na16 tionality Act (8 U.S.C. 1158); 

17 (ii) any alien who indicates— 

18 (I) an intention to apply for asy19 lum under that section; or 

20 (II) a fear of persecution; and 

21 (iii) any alien who indicates— 

22 (I) an intention to apply for with23 holding of removal pursuant to— 


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1 (aa) section 241 of the Im2 migration and Nationality Act (8 

3 U.S.C. 1231); or 

4 (bb) the Convention against 

5 Torture and Other Cruel, Inhu6 man or Degrading Treatment or 

7 Punishment, done at New York 

8 December 10, 1984; or 

9 (II) a fear that the alien’s life or 

10 freedom would be threatened. 

11 (B) INCLUSION.—The term ‘‘asylum seek12 er’’ includes any individual described in sub13 paragraph (A) whose application for asylum or 

14 withholding of removal is pending judicial re15 view. 

16 (C) EXCLUSION.—The term ‘‘asylum seek17 er’’ does not include an individual with respect 

18 to whom a final order denying asylum and with19 holding of removal has been entered if such 

20 order is not pending judicial review. 

21 (2) BEST INTEREST DETERMINATION.—The 

22 term ‘‘best interest determination’’ means a formal 

23 process with procedural safeguards designed to give 

24 primary consideration to a child’s best interests in 

25 decision making. 


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1 (3) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Homeland Security. 

3 (4) INTERNALLY DISPLACED PERSONS.—The 

4 term ‘‘internally displaced persons’’ means persons 

5 or a group of persons who have been forced to leave 

6 their homes or places of habitual residence, in par7 ticular due to armed conflict, generalized violence, 

8 violations of human rights, or natural or human9 made disasters, and who have not crossed an inter10 nationally recognized state border. 

11 (5) INTERNATIONAL PROTECTION.—The term 

12 ‘‘international protection’’ means asylum status, ref13 ugee status, protection under the Convention against 

14 Torture and Other Cruel, Inhuman or Degrading 

15 Treatment or Punishment, done at New York De16 cember 10, 1984, and other regional protection sta17 tus available in the Western Hemisphere. 

18 (6) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Homeland Security. 


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1 TITLE I—ADMISSION AND PRO2 TECTION OF REFUGEES, ASY3 LUM SEEKERS, AND OTHER 

4 VULNERABLE INDIVIDUALS 

5 Subtitle A—Refugees and Asylum 

6 Seekers 

7 SEC. 101. MODIFICATION OF DEFINITION OF REFUGEE. 

8 (a) IN GENERAL.—Section 101(a)(42) of the Immi9 gration and Nationality Act (8 U.S.C. 1101(a)(42)) is 

10 amended to read as follows: 

11 ‘‘(42)(A) The term ‘refugee’ means any person 

12 who— 

13 ‘‘(i)(I) is outside any country of such per14 son’s nationality or, in the case of a person hav15 ing no nationality, is outside any country in 

16 which such person last habitually resided; and 

17 ‘‘(II) is unable or unwilling to return to, 

18 and is unable or unwilling to avail himself or 

19 herself of the protection of, that country be20 cause of persecution, or a well-founded fear of 

21 persecution, on account of race, religion, nation22 ality, membership in a particular social group, 

23 or political opinion; or 


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1 ‘‘(ii) in such circumstances as the Presi2 dent may specify, after appropriate consultation 

3 (as defined in section 207(e))— 

4 ‘‘(I) is within the country of such per5 son’s nationality or, in the case of a person 

6 having no nationality, within the country 

7 in which such person is habitually residing; 

8 and 

9 ‘‘(II) is persecuted, or who has a well10 founded fear of persecution, on account of 

11 race, religion, nationality, membership in a 

12 particular social group, or political opinion. 

13 ‘‘(B) The term ‘refugee’ does not include any 

14 person who ordered, incited, assisted, or otherwise 

15 participated in the persecution of any person on ac16 count of race, religion, nationality, membership in a 

17 particular social group, or political opinion. A person 

18 who establishes that his or her actions were com19 mitted under duress or while the person was younger 

20 than 18 years of age shall not be considered to have 

21 ordered, incited, assisted, or otherwise participated 

22 in persecution under this subparagraph. 

23 ‘‘(C) For purposes of determinations under this 

24 Act— 


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1 ‘‘(i) a person who has been forced to abort 

2 a pregnancy or to undergo involuntary steriliza3 tion, or who has been persecuted for failure or 

4 refusal to undergo such a procedure or for 

5 other resistance to a coercive population control 

6 program, shall be deemed to have been per7 secuted on account of political opinion; 

8 ‘‘(ii) a person who has a well-founded fear 

9 that he or she will be forced to undergo such 

10 a procedure or be subject to persecution for 

11 such failure, refusal, or resistance shall be 

12 deemed to have a well-founded fear of persecu13 tion on account of political opinion; and 

14 ‘‘(iii) the term ‘particular social group’ 

15 means, without any additional requirement not 

16 listed below, any group whose members— 

17 ‘‘(I) share— 

18 ‘‘(aa) a characteristic that is im19 mutable or fundamental to identity, 

20 conscience, or the exercise of human 

21 rights; or 

22 ‘‘(bb) a past experience or vol23 untary association that, due to its his24 torical nature, cannot be changed; or 


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1 ‘‘(II) are perceived as a group by soci2 ety. 

3 ‘‘(D)(i) The burden of proof shall be on the ap4 plicant to establish that the applicant is a refugee. 

5 ‘‘(ii) To establish that the applicant is a ref6 ugee, persecution— 

7 ‘‘(I) shall be on account of race, religion, 

8 nationality, membership in a particular social 

9 group, or political opinion; and 

10 ‘‘(II) may be established by demonstrating 

11 that— 

12 ‘‘(aa) a protected ground is at least 

13 one reason for the applicant’s persecution 

14 or fear of persecution; 

15 ‘‘(bb) the persecution or feared perse16 cution would not have occurred or would 

17 not occur in the future but for a protected 

18 ground; or 

19 ‘‘(cc) the persecution or feared perse20 cution had or will have the effect of harm21 ing the person because of a protected 

22 ground. 

23 ‘‘(E) Where past or feared persecution by a nonstate 

24 actor is unrelated to a protected asylum ground, the caus25 al nexus link is established if the state’s failure to protect 


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1 the asylum applicant from the nonstate actor is on account 

2 of a protected asylum ground.’’. 

3 (b) CONFORMING AMENDMENT.—Section 208(b)(1) 

4 of the Immigration and Nationality Act (8 U.S.C. 

5 1158(b)(1)) is amended by striking ‘‘section 

6 101(a)(42)(A)’’ each place it appears and inserting ‘‘sec7 tion 101(a)(42)(A)(i)’’. 

8 SEC. 102. MULTIPLE FORMS OF RELIEF AVAILABLE TO REF9 UGEES AND ASYLUM SEEKERS. 

10 (a) IN GENERAL.—An applicant for admission as a 

11 refugee may simultaneously pursue admission under any 

12 visa category for which the applicant may be eligible. 

13 (b) ASYLUM APPLICANTS ELIGIBLE FOR DIVERSITY

14 VISAS.—Section 204(a)(1)(I) of the Immigration and Na15 tionality Act (8 U.S.C. 1154(a)(1)(I)) is amended by add16 ing at the end the following: 

17 ‘‘(iii)(I) An asylum seeker in the United States who 

18 is notified that he or she is eligible for an immigrant visa 

19 pursuant to section 203(c) may file a petition with the 

20 district director that has jurisdiction over the district in 

21 which the asylum seeker resides (or, in the case of an asy22 lum seeker who is or was in removal proceedings, the im23 migration court in which the removal proceeding is pend24 ing or was adjudicated) to adjust status to that of an alien 

25 lawfully admitted for permanent residence. 


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1 ‘‘(II) A petition under subclause (I) shall— 

2 ‘‘(aa) be filed not later than 30 days before the 

3 end of the fiscal year for which the petitioner re4 ceives notice of eligibility for the visa; and 

5 ‘‘(bb) contain such information and be sup6 ported by such documentary evidence as the Sec7 retary of State may require. 

8 ‘‘(III) The district director or immigration court shall 

9 attempt to adjudicate each petition under this clause be10 fore the last day of the fiscal year for which the petitioner 

11 was selected. Notwithstanding clause (ii)(II), if the district 

12 director or immigration court is unable to complete such 

13 adjudication during such fiscal year, the adjudication and 

14 adjustment of status of the petitioner may take place after 

15 the end of such fiscal year.’’. 

16 SEC. 103. ELIMINATION OF TIME LIMITS ON ASYLUM APPLI17 CATIONS. 

18 Section 208(a)(2) of the Immigration and Nationality 

19 Act (8 U.S.C. 1158(a)(2)) is amended— 

20 (1) in subparagraph (A), by inserting ‘‘or the 

21 Secretary of Homeland Security’’ after ‘‘Attorney 

22 General’’ each place such term appears; 

23 (2) by striking subparagraphs (B) and (D); 

24 (3) by redesignating subparagraph (C) as sub25 paragraph (B); 


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1 (4) in subparagraph (B), as redesignated, by 

2 striking ‘‘subparagraph (D)’’ and inserting ‘‘sub3 paragraphs (C) and (D)’’; and 

4 (5) by inserting after subparagraph (B), as re5 designated, the following: 

6 ‘‘(C) CHANGED CIRCUMSTANCES.—Not7 withstanding subparagraph (B), an application 

8 for asylum of an alien may be considered if the 

9 alien demonstrates, to the satisfaction of the 

10 Attorney General or the Secretary of Homeland 

11 Security, the existence of changed cir12 cumstances that materially affect the appli13 cant’s eligibility for asylum. 

14 ‘‘(D) MOTION TO REOPEN CERTAIN MERI15 TORIOUS CLAIMS.—Notwithstanding subpara16 graph (B) or section 240(c)(7), an alien may 

17 file a motion to reopen an asylum claim during 

18 the 2-year period beginning on the date of the 

19 enactment of the Refugee Protection Act of 

20 2019 if the alien— 

21 ‘‘(i)(I) was denied asylum based solely 

22 on a failure to meet the 1-year application 

23 filing deadline in effect on the date on 

24 which the application was filed; 


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1 ‘‘(II) was granted withholding of re2 moval to the alien’s country of nationality 

3 (or, in the case of a person having no na4 tionality, to the country of last habitual 

5 residence) under section 241(b)(3); 

6 ‘‘(III) has not obtained lawful perma7 nent residence in the United States pursu8 ant to any other provision of law; and 

9 ‘‘(IV)(aa) is not subject to the safe 

10 third country exception under subpara11 graph (A) or to a bar to asylum under sub12 section (b)(2); and 

13 ‘‘(bb) was not denied asylum as a 

14 matter of discretion; or 

15 ‘‘(ii) was denied asylum based solely 

16 on the implementation of— 

17 ‘‘(I) the policy memorandum of 

18 the U.S. Citizenship and Immigration 

19 Services entitled ‘Guidance for Proc20 essing Reasonable Fear, Credible 

21 Fear, Asylum, and Refugee Claims in 

22 Accordance with Matter of A–B–’ 

23 (PM–602–0162), dated July 11, 

24 2018; 


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1 ‘‘(II) the memorandum of the Of2 fice of the Principal Legal Advisor of 

3 U.S. Immigration and Customs En4 forcement entitled ‘Litigating Domes5 tic Violence-Based Persecution Claims 

6 Following Matter of A–B–’, dated 

7 July 11, 2018; 

8 ‘‘(III) the interim final rule of 

9 the Department of Homeland Security 

10 and the Department of Justice enti11 tled ‘Aliens Subject to a Bar on Entry 

12 Under Certain Presidential Proclama13 tions; Procedures for Protection 

14 Claims’ (83 Fed. Reg. 55934 (Novem15 ber 9, 2019)); 

16 ‘‘(IV) Presidential Proclamation 

17 9822, issued on November 9, 2018 

18 (83 Fed. Reg. 57661); 

19 ‘‘(V) the migrant protection pro20 tocols announced by the Secretary of 

21 Homeland Security on December 20, 

22 2018 (or any successor protocols); 

23 ‘‘(VI) the policy memorandum of 

24 the U.S. Citizenship and Immigration 

25 Services entitled ‘Guidance for ImpleVerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210

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1 menting Section 235(b)(2)(C) of the 

2 Immigration and Nationality Act and 

3 the Migrant Protection Protocols’ 

4 (PM–602–0169), dated January 28, 

5 2019; or 

6 ‘‘(VII) any other policy memo7 randum of the Department of Home8 land Security to implement the proto9 cols described in subclause (V).’’. 

10 SEC. 104. CONSIDERATION OF ASYLUM CLAIMS. 

11 (a) CONDITIONS FOR GRANTING ASYLUM.— 

12 (1) IN GENERAL.—Section 208(b)(1)(B) of the 

13 Immigration and Nationality Act (8 U.S.C. 

14 1158(b)(1)(B)) is amended— 

15 (A) in clause (ii), by striking the last sen16 tence and inserting the following: ‘‘If the trier 

17 of fact determines that the applicant should 

18 provide evidence that corroborates otherwise 

19 credible testimony, the trier of fact shall pro20 vide notice and allow the applicant a reasonable 

21 opportunity to file such evidence. The trier of 

22 fact may not require such evidence if the appli23 cant does not have the evidence and dem24 onstrates that he or she cannot reasonably ob25 tain the evidence. Evidence shall not be considVerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210

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1 ered reasonably obtainable if procurement of 

2 such evidence would reasonably endanger the 

3 life or safety of any person.’’; 

4 (B) by striking clause (iii); and 

5 (C) by inserting after clause (ii) the fol6 lowing: 

7 ‘‘(iii) SUPPORTING EVIDENCE ACCEPT8 ED.—Direct or circumstantial evidence, in9 cluding evidence that the government of 

10 the applicable country is unable or unwill11 ing to protect individuals of the applicant’s 

12 race, religion, nationality, particular social 

13 group, or political opinion, or that the legal 

14 or social norms of the country tolerate per15 secution against individuals of the appli16 cant’s race, religion, nationality, particular 

17 social group, or political opinion, may es18 tablish that persecution is on account of 

19 race, religion, nationality, membership in a 

20 particular social group, or political opinion. 

21 ‘‘(iv) CREDIBILITY DETERMINA22 TION.— 

23 ‘‘(I) IN GENERAL.—Subject to 

24 subclause (II), a trier of fact may con25 duct a credibility assessment in the 


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1 context of evaluating an applicant’s 

2 claim for asylum. 

3 ‘‘(II) PROCEDURAL AND SUB4 STANTIVE REQUIREMENTS.— 

5 ‘‘(aa) OBJECTIVITY.—Deci6 sions regarding credibility shall 

7 be made objectively, impartially, 

8 and individually. 

9 ‘‘(bb) MATERIAL FACTS.—A 

10 credibility assessment under this 

11 clause may only be conducted on 

12 the material facts of the appli13 cant’s claim. The perception of 

14 the trier of fact with respect to 

15 the applicant’s general truthful16 ness or trustworthiness shall not 

17 be relevant to assessing credi18 bility of material facts. 

19 ‘‘(cc) DETAIL AND SPECI20 FICITY.—In assessing credibility, 

21 a trier of fact may consider the 

22 detail and specificity of informa23 tion provided by the applicant, 

24 the internal consistency of the 

25 applicant’s statements, and the 


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1 consistency of the applicant’s 

2 statements with available exter3 nal information. In considering 

4 such information and statements, 

5 the trier of fact shall consider the 

6 applicant’s contextual cir7 cumstances, including— 

8 ‘‘(AA) exposure to trau9 ma; 

10 ‘‘(BB) age; 

11 ‘‘(CC) gender, sexual 

12 orientation, or gender iden13 tity; 

14 ‘‘(DD) educational 

15 background; 

16 ‘‘(EE) physical or men17 tal health issues; 

18 ‘‘(FF) shame, stigma, 

19 or denial; 

20 ‘‘(GG) communication 

21 difficulties; 

22 ‘‘(HH) intercultural 

23 barriers; and 


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1 ‘‘(II) the circumstances 

2 under which such statements 

3 were made. 

4 ‘‘(dd) DUTY TO ASSIST.—A 

5 trier of fact shall have an affirm6 ative duty to assist the applicant 

7 in providing credible testimony. 

8 ‘‘(ee) CONSISTENCY WITH

9 SCIENTIFIC LITERATURE.—A 

10 credibility assessment conducted 

11 under this clause, and any credi12 bility finding made, shall be con13 sistent with current scientific lit14 erature relating to behavioral in15 dicators of truth-telling, the na16 ture of traumatic memories, and 

17 the ability of trauma survivors to 

18 recall aspects of, and sur19 rounding, a traumatic event. 

20 ‘‘(ff) TIMING.—A credibility 

21 assessment under this clause may 

22 not be made until after— 

23 ‘‘(AA) an interview of 

24 the applicant; and 


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1 ‘‘(BB) all relevant evi2 dence has been collected and 

3 considered. 

4 ‘‘(gg) OPPORTUNITY TO RE5 SPOND.—If a trier of fact doubts 

6 the credibility of the applicant, 

7 the trier of fact shall specify any 

8 such doubt to the applicant and 

9 provide the applicant a meaning10 ful opportunity to respond. 

11 ‘‘(hh) CLEAR FINDINGS.— 

12 The result of a credibility assess13 ment under this clause shall in14 clude clear findings based on and 

15 supported by evidence, after con16 sideration of all of the relevant 

17 evidence consistent with items 

18 (cc) and (dd), that describes the 

19 material facts that are accepted 

20 as credible and the material facts 

21 that are rejected as not credible, 

22 and the reason for such accept23 ance or rejection. 

24 ‘‘(ii) REBUTTABLE PRE25 SUMPTION.—If an adverse crediVerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210

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1 bility determination is not explic2 itly made, the applicant shall 

3 have a rebuttable presumption of 

4 credibility on appeal.’’. 

5 (2) CONFORMING AMENDMENT.—Section 

6 241(b)(3)(C) of the Immigration and Nationality 

7 Act (8 U.S.C. 1231(b)(3)(C)) is amended by striking 

8 ‘‘and (iii)’’ and inserting ‘‘through (iv)’’. 

9 (b) CLARIFICATION ON ASYLUM ELIGIBILITY.—Sec10 tion 208(b)(2) of the Immigration and Nationality Act (8 

11 U.S.C. 1158(b)(2)) is amended by striking subparagraph 

12 (C) and inserting the following: 

13 ‘‘(C) CLARIFICATION ON ASYLUM ELIGI14 BILITY.—Notwithstanding any other provision 

15 of law, the eligibility of an alien for asylum 

16 shall be governed solely by this section.’’. 

17 (c) THIRD-COUNTRY TRANSIT.—Section 208(b)(2) of 

18 the Immigration and Nationality Act (8 U.S.C. 

19 1158(b)(2) is amended by adding at the end the following: 

20 ‘‘(E) THIRD-COUNTRY TRANSIT.—A stay 

21 by an applicant in a third country that does not 

22 amount to firm resettlement shall not be 

23 grounds for discretionary denial of asylum.’’. 


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1 (d) INITIAL JURISDICTION OVER ASYLUM APPLICA2 TIONS.—Section 208(b) of the Immigration and Nation3 ality Act (8 U.S.C. 1158(b)) is amended— 

4 (1) in paragraph (3), by striking subparagraph 

5 (C); and 

6 (2) by adding at the end the following: 

7 ‘‘(4) INITIAL JURISDICTION.— 

8 ‘‘(A) IN GENERAL.—An asylum officer (as 

9 defined in section 235(b)(1)(E)) shall have ini10 tial jurisdiction over any asylum application re11 gardless of whether filed in accordance with this 

12 section or section 235(b). 

13 ‘‘(B) FINAL ORDER OF REMOVAL EN14 TERED.—In the case of an alien with respect to 

15 whom a final order of removal was previously 

16 entered, an asylum officer shall have initial ju17 risdiction over any application for withholding 

18 of removal under section 241(b)(3) or protec19 tion under the Convention against Torture and 

20 Other Cruel, Inhuman or Degrading Treatment 

21 or Punishment, done at New York December 

22 10, 1984, regardless of whether such an appli23 cation is filed in accordance with this section or 

24 section 235(b).’’. 


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1 (e) MODIFICATION OF DEFINITION OF ASYLUM OF2 FICER.—Section 235(b)(1)(E) of the Immigration and 

3 Nationality Act (8 U.S.C. 1225(b)(1)(E)) is amended to 

4 read as follows: 

5 ‘‘(E) ASYLUM OFFICER DEFINED.— 

6 ‘‘(i) IN GENERAL.—In this paragraph, 

7 the term ‘asylum officer’ means an immi8 gration officer who— 

9 ‘‘(I) has had professional training 

10 in country conditions, asylum law, and 

11 nonadversarial interviewing techniques 

12 necessary for adjudication of applica13 tions under section 208; 

14 ‘‘(II) adjudicates applications 

15 under that section on a full-time 

16 basis; and 

17 ‘‘(III) is supervised by an officer 

18 who— 

19 ‘‘(aa) meets the condition 

20 described in subclause (I); and 

21 ‘‘(bb) has had substantial 

22 experience adjudicating asylum 

23 applications. 

24 ‘‘(ii) EXCEPTIONAL CIR25 CUMSTANCES.— 


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1 ‘‘(I) IN GENERAL.—The Sec2 retary of Homeland Security may, 

3 only in exceptional circumstances and 

4 to protect national security, designate 

5 one or more individuals who do not 

6 meet the condition described in clause 

7 (i)(III) to act as temporary asylum of8 ficers. 

9 ‘‘(II) LIMITATION.—An indi10 vidual designated as a temporary asy11 lum officer under subclause (I) may 

12 not hold or have held in the preceding 

13 3 years a position the central function 

14 of which is immigration enforcement, 

15 including Border Patrol agents, Cus16 toms and Border Protection officers, 

17 and Immigration and Customs En18 forcement officers. 

19 ‘‘(III) ANNUAL REPORT.—Dur20 ing any period in which the Secretary 

21 of Homeland Security designates one 

22 or more temporary asylum officers, 

23 not later than 30 days after such des24 ignation, the Secretary of Homeland 


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1 Security shall submit to Congress a 

2 report that includes— 

3 ‘‘(aa) a justification for the 

4 designation; 

5 ‘‘(bb) the number of officers 

6 designated; 

7 ‘‘(cc) the duration of service 

8 of such officers; 

9 ‘‘(dd) the number of inter10 views conducted by such officers; 

11 ‘‘(ee) with respect to appli12 cations for asylum, withholding 

13 of removal under section 

14 241(b)(3), and protection under 

15 the Convention against Torture 

16 adjudicated by such officers, the 

17 rate of grants, denials, referrals, 

18 and otherwise closed applications; 

19 and 

20 ‘‘(ff) with respect to credible 

21 fear determinations carried out 

22 by such officers, the rate of posi23 tive, negative, and otherwise 

24 closed determinations.’’. 


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1 (f) REMOVAL PROCEEDINGS.—Section 240(c)(4) of 

2 the Immigration and Nationality Act (8 U.S.C. 

3 1229a(c)(4)) is amended— 

4 (1) in subparagraph (B), by striking the last 

5 sentence and inserting the following: ‘‘If the trier of 

6 fact determines that the applicant should provide 

7 evidence that corroborates otherwise credible testi8 mony, the trier of fact shall provide notice and allow 

9 the applicant a reasonable opportunity to file such 

10 evidence. The trier of fact may not require such evi11 dence if the applicant does not have the evidence 

12 and demonstrates that he or she cannot reasonably 

13 obtain the evidence. Evidence shall not be considered 

14 reasonably obtainable under this subparagraph if 

15 procurement of such evidence would reasonably en16 danger the life or safety of any person in the appli17 cant’s home country.’’; and 

18 (2) in subparagraph (C), in the first sentence, 

19 by striking ‘‘, without regard to whether an incon20 sistency, inaccuracy, or falsehood goes to the heart 

21 of the applicant’s claim, or any other relevant fac22 tor’’ and inserting ‘‘If the trier of fact determines 

23 that there are inconsistencies or omissions, the alien 

24 shall be given an opportunity to explain and provide 


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1 support or evidence to clarify such inconsistencies or 

2 omissions.’’. 

3 SEC. 105. TRANSPARENCY IN REFUGEE DETERMINATIONS. 

4 Section 207(c) of the Immigration and Nationality 

5 Act (8 U.S.C. 1157(c)) is amended by adding at the end 

6 the following: 

7 ‘‘(5) The adjudicator of an application for refugee 

8 status under this section shall consider all relevant evi9 dence and maintain a record of the evidence considered. 

10 ‘‘(6) An applicant for refugee status may be rep11 resented, including at a refugee interview, at no expense 

12 to the Government, by an attorney or accredited rep13 resentative who— 

14 ‘‘(A) was chosen by the applicant; and 

15 ‘‘(B) is authorized by the Secretary of Home16 land Security to be recognized as the representative 

17 of such applicant in an adjudication under this sec18 tion. 

19 ‘‘(7)(A) A decision to deny an application for refugee 

20 status under this section— 

21 ‘‘(i) shall be in writing; and 

22 ‘‘(ii) shall cite the specific applicable provisions 

23 of this Act upon which such denial was based, in24 cluding— 


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1 ‘‘(I) the facts underlying the determina2 tion; and 

3 ‘‘(II) whether there is a waiver of inadmis4 sibility available to the applicant. 

5 ‘‘(B) The basis of any negative credibility finding 

6 shall be part of the written decision. 

7 ‘‘(8)(A) An applicant who is denied refugee status 

8 under this section may file a request with the Secretary 

9 for a review of his or her application not later than 120 

10 days after such denial. 

11 ‘‘(B) A request filed under subparagraph (A) shall 

12 be adjudicated by refugee officers who have received train13 ing on considering requests for review of refugee applica14 tions that have been denied. 

15 ‘‘(C) The Secretary shall publish the standards ap16 plied to a request for review under this paragraph. 

17 ‘‘(D) A request for review under this paragraph may 

18 result in the decision being granted, denied, or reopened 

19 for a further interview. 

20 ‘‘(E) A decision on a request for review under this 

21 paragraph shall— 

22 ‘‘(i) be in writing; and 

23 ‘‘(ii) provide, to the maximum extent prac24 ticable, information relating to the reason for the de25 nial.’’. 


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1 SEC. 106. EMPLOYMENT AUTHORIZATION FOR ASYLUM 

2 SEEKERS AND OTHER INDIVIDUALS. 

3 (a) ASYLUM SEEKERS.—Paragraph (2) of section 

4 208(d) of the Immigration and Nationality Act (8 U.S.C. 

5 1158(d)) is amended to read as follows: 

6 ‘‘(2) EMPLOYMENT AUTHORIZATION.— 

7 ‘‘(A) ELIGIBILITY.—The Secretary of 

8 Homeland Security shall authorize employment 

9 for an applicant for asylum who is not in deten10 tion and the application for asylum of whom 

11 has not been determined frivolous. 

12 ‘‘(B) APPLICATION.—An applicant for asy13 lum who is not otherwise eligible for employ14 ment authorization shall not be granted such 

15 authorization before the date that is 30 days 

16 after the date of filing of the application for 

17 asylum. 

18 ‘‘(C) TERM.—Employment authorization 

19 for an applicant for asylum shall be— 

20 ‘‘(i) for a period of 2 years; and 

21 ‘‘(ii) renewable for additional 2-year 

22 periods for the entire continuous period 

23 necessary to adjudicate the asylum claim 

24 of the applicant, including administrative 

25 or judicial review.’’. 


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•HR 5210 IH

1 (b) INDIVIDUALS GRANTED WITHHOLDING OF RE2 MOVAL.—Section 241(b)(3) of the Immigration and Na3 tionality Act (8 U.S.C. 1231(b)(3)) is amended by adding 

4 at the end the following: 

5 ‘‘(D) EMPLOYMENT AUTHORIZATION.— 

6 ‘‘(i) ELIGIBILITY.—The Secretary of 

7 Homeland Security shall authorize employ8 ment for an alien granted withholding of 

9 removal under this paragraph or deferral 

10 of removal under the Convention against 

11 Torture and Other Cruel, Inhuman or De12 grading Treatment or Punishment, done at 

13 New York December 10, 1984. 

14 ‘‘(ii) TERM.—Employment authoriza15 tion for an alien described in clause (i) 

16 shall be— 

17 ‘‘(I) for a period of 2 years; and 

18 ‘‘(II) renewable for additional 2- 

19 year periods for the duration of such 

20 withholding of removal or deferral of 

21 removal status.’’. 

22 SEC. 107. ADMISSION OF REFUGEES AND ASYLEES AS LAW23 FUL PERMANENT RESIDENTS. 

24 (a) ASYLEES.—Section 208(b)(3) of the Immigration 

25 and Nationality Act (8 U.S.C. 1158(b)(3)), as amended 


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•HR 5210 IH

1 by section 104(d), is further amended by adding at the 

2 end the following: 

3 ‘‘(C) PETITION.—An alien granted asylum 

4 under this subsection may petition for the same 

5 status to be conferred on his or her spouse or 

6 child at any time after such alien is granted 

7 asylum whether or not such alien has applied 

8 for, or been granted, adjustment to permanent 

9 resident status under section 209. 

10 ‘‘(D) PERMANENT RESIDENT STATUS.— 

11 Notwithstanding any numerical limitations 

12 under this Act, a spouse or child admitted to 

13 the United States as an asylee following to join 

14 a spouse or parent previously granted asylum 

15 may be regarded as lawfully admitted to the 

16 United States for permanent residence as of the 

17 date of the admission to the United States of 

18 such spouse or child admission to the United 

19 States, if admissible under section 209. 

20 ‘‘(E) APPLICATION FOR ADJUSTMENT OF

21 STATUS.—A spouse or child who was not admit22 ted to the United States pursuant to a grant of 

23 asylum, but who was granted asylum under this 

24 subparagraph after his or her arrival as the 

25 spouse or child of an alien granted asylum 


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•HR 5210 IH

1 under section 208, may apply for adjustment of 

2 status to that of lawful permanent resident 

3 under section 209 at any time after being 

4 granted asylum.’’. 

5 (b) REFUGEES.—Section 209 of the Immigration and 

6 Nationality Act (8 U.S.C. 1159) is amended to read as 

7 follows: 

8 ‘‘SEC. 209. TREATMENT OF ALIENS ADMITTED AS REFU9 GEES AND OF ALIENS GRANTED ASYLUM. 

10 ‘‘(a) IN GENERAL.— 

11 ‘‘(1) TREATMENT OF REFUGEE FAMILIES.— 

12 Any alien may be lawfully admitted to the United 

13 States for permanent residence at the time of initial 

14 admission to the United States if the alien— 

15 ‘‘(A) has been approved for admission to 

16 the United States— 

17 ‘‘(i) under section 207 or 208; or 

18 ‘‘(ii) under section 208(b)(3) as the 

19 spouse or child of an alien granted asylum 

20 under section 208(b)(1); and 

21 ‘‘(B) is admissible under section 212 (ex22 cept as otherwise provided in subsections (b) 

23 and (c)). 

24 ‘‘(2) ADJUSTMENT OF STATUS.— 


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•HR 5210 IH

1 ‘‘(A) IN GENERAL.—The Secretary of 

2 Homeland Security or the Attorney General, in 

3 the discretion of the Secretary or the Attorney 

4 General, and under such regulations as the Sec5 retary or the Attorney General may prescribe, 

6 may adjust, to the status of an alien lawfully 

7 admitted to the United States for permanent 

8 residence, the status of any alien who, while in 

9 the United States— 

10 ‘‘(i) is granted— 

11 ‘‘(I) asylum under section 208(b) 

12 (as a principal alien or as the spouse 

13 or child of an alien granted asylum); 

14 or 

15 ‘‘(II) refugee status under section 

16 207 as the spouse or child of a ref17 ugee; 

18 ‘‘(ii) applies for such adjustment of 

19 status at any time after being granted asy20 lum or refugee status; 

21 ‘‘(iii) is not firmly resettled in any 

22 foreign country; and 

23 ‘‘(iv) is admissible (except as other24 wise provided under subsections (b) and 

25 (c)) as an immigrant under this Act at the 


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1 time of examination for adjustment of such 

2 alien. 

3 ‘‘(B) APPLICABILITY.—This paragraph 

4 shall apply to any alien lawfully admitted for 

5 permanent residence under section 207 or 208 

6 before the date of the enactment of the Refugee 

7 Protection Act of 2019. 

8 ‘‘(3) RECORD.—Upon approval of an applica9 tion under this subsection, the Secretary of Home10 land Security or the Attorney General shall establish 

11 a record of the alien’s admission for lawful perma12 nent residence as of the date such alien was granted 

13 asylum or refugee status. 

14 ‘‘(b) INAPPLICABILITY OF CERTAIN INADMISSIBILITY

15 GROUNDS TO REFUGEES, ALIENS GRANTED ASYLUM, 

16 AND SUCH ALIENS SEEKING ADJUSTMENT OF STATUS TO

17 LAWFUL PERMANENT RESIDENT.—Paragraphs (4), (5), 

18 and (7)(A) of section 212(a) shall not apply to— 

19 ‘‘(1) any refugee under section 207; 

20 ‘‘(2) any alien granted asylum under section 

21 208; or 

22 ‘‘(3) any alien seeking admission as a lawful 

23 permanent resident pursuant to a grant of refugee 

24 or asylum status. 


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1 ‘‘(c) WAIVER OF INADMISSIBILITY OR DEPORT2 ABILITY FOR REFUGEES, ALIENS GRANTED ASYLUM, AND

3 SUCH ALIENS SEEKING ADJUSTMENT OF STATUS TO

4 LAWFUL PERMANENT RESIDENT.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), the Secretary of Homeland Security or 

7 the Attorney General may waive any ground under 

8 section 212 or 237 for aliens admitted pursuant to 

9 section 207 or 208, or seeking admission as a lawful 

10 permanent resident pursuant to subsection (a), if 

11 such a waiver is justified by humanitarian purposes, 

12 to ensure family unity, or is otherwise in the public 

13 interest. 

14 ‘‘(2) INELIGIBILITY.—Aliens admitted pursuant 

15 to section 207 or 208, or seeking admission as a 

16 lawful permanent resident pursuant to subsection 

17 (a), shall be ineligible for a waiver under paragraph 

18 (1) if it has been established that the alien is— 

19 ‘‘(A) inadmissible under section 

20 212(a)(2)(C) or subparagraph (A), (B), (C), or 

21 (E) of section 212(a)(3); 

22 ‘‘(B) deportable under section 

23 237(a)(2)(A)(iii) for an offense described in 

24 section 101(a)(43)(B); or 


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•HR 5210 IH

1 ‘‘(C) deportable under subparagraph (A), 

2 (B), (C), or (D) of section 237(a)(4).’’. 

3 (c) CLARIFICATION.—Aliens admitted for lawful per4 manent residence pursuant to paragraph (1) of section 

5 209(a) of the Immigration and Nationality Act, as amend6 ed by subsection (b), or who adjust their status pursuant 

7 to paragraph (2) of such section, shall be considered to 

8 be refugees and aliens granted asylum in accordance with 

9 sections 402, 403, 412, and 431 of the Personal Responsi10 bility and Work Opportunity Reconciliation Act of 1996 

11 (8 U.S.C. 1612, 1613, 1622, and 1641). 

12 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) ALIENS NOT SUBJECT TO DIRECT NUMER14 ICAL LIMITATIONS.—Section 201(b)(1)(B) of the 

15 Immigration and Nationality Act (8 U.S.C. 

16 1151(b)(1)(B)) is amended to read as follows: 

17 ‘‘(B) Aliens who are admitted to the 

18 United States as permanent residents under 

19 section 207 or 208 or whose status is adjusted 

20 under section 209.’’. 

21 (2) TRAINING.—Section 207(f)(1) of such Act 

22 (8 U.S.C. 1157(f)(1)) is amended by striking ‘‘At23 torney General’’ and inserting ‘‘Secretary of Home24 land Security’’. 


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1 (3) FEES FOR ADJUSTMENT.—Section 

2 208(d)(3) of such Act (8 U.S.C. 1158(d)(3)) is 

3 amended by striking ‘‘section 209(b)’’ and inserting 

4 ‘‘section 209(a)(2)’’. 

5 (4) COMMONWEALTH OF THE NORTHERN MAR6 IANA ISLANDS.—Section 208(e) of such Act (8 

7 U.S.C. 1158(e)) is amended by striking ‘‘section 

8 209(b)’’ and inserting ‘‘section 209(a)(2)’’. 

9 (5) TABLE OF CONTENTS.—The table of con10 tents for such Act is amended by striking the item 

11 relating to section 209 and inserting the following: 

‘‘Sec. 209. Treatment of aliens admitted as refugees and of aliens granted asylum.’’. 

12 Subtitle B—Protections for 

13 Children and Families 

14 SEC. 111. KEEPING FAMILIES TOGETHER. 

15 (a) MODIFICATION OF DEFINITION OF CHILD.—Sec16 tion 101(b)(1) of the Immigration and Nationality Act (8 

17 U.S.C. 1101(b)(1)) is amended by— 

18 (1) in subparagraph (E)(ii), by striking ‘‘; or’’ 

19 and inserting a semicolon; 

20 (2) in subparagraph (F)(ii), by striking the pe21 riod at the end and inserting a semicolon; 

22 (3) in subparagraph (G)(iii)(III), by striking 

23 the period at the end and inserting ‘‘; or’’; and 

24 (4) by adding at the end the following: 


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1 ‘‘(H)(i) a child under the age of 18 at the 

2 time an application is filed to accord a principal 

3 alien refugee status— 

4 ‘‘(I) who is an orphan because of the 

5 death or disappearance of, abandonment or 

6 desertion by, or separation or loss from, 

7 both parents; or 

8 ‘‘(II) for whom the sole or surviving 

9 parent is incapable of providing the proper 

10 care and has, in writing, irrevocably re11 leased the child for emigration and adop12 tion; 

13 ‘‘(ii) who has been living in a country of 

14 asylum under the care of such principal alien; 

15 and 

16 ‘‘(iii) for whom the Secretary of Homeland 

17 Security is satisfied that proper care will be 

18 furnished if the child is admitted to the United 

19 States.’’. 

20 (b) ADMISSION OF REFUGEE FAMILIES AND TIMELY

21 ADJUDICATION.—Paragraph (2) of section 207(c) of the 

22 Immigration and Nationality Act (8 U.S.C. 1157(c)) is 

23 amended to read as follows: 

24 ‘‘(2)(A)(i) Irrespective of the date on which such ref25 ugee was admitted to the United States, the spouse or a 


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•HR 5210 IH

1 child (as defined in section 101(b)(1)) of any refugee, or 

2 the parent or de facto guardian (as determined by the Sec3 retary of Homeland Security) of such a child who qualifies 

4 for admission under paragraph (1), if not otherwise enti5 tled to admission under such paragraph and not described 

6 in section 101(a)(42)(B), shall be entitled to the same ad7 mission status as such refugee if— 

8 ‘‘(I) accompanying, or following to join, such 

9 refugee; and 

10 ‘‘(II) admissible (except as otherwise provided 

11 under paragraph (3)) as an immigrant under this 

12 chapter. 

13 ‘‘(ii) The admission to the United States of a spouse, 

14 child, parent, or guardian described in clause (i) shall not 

15 be charged against the numerical limitation established in 

16 accordance with the appropriate subsection under which 

17 the refugee’s admission is charged. 

18 ‘‘(B) A mother or father who seeks to accompany, 

19 or follow to join, an alien granted admission as a refugee 

20 under this subsection shall continue to be classified as a 

21 mother or father for purposes of this paragraph if the 

22 alien attained 21 years of age while such application was 

23 pending. 

24 ‘‘(C) The parent or de facto guardian (as determined 

25 by the Secretary of Homeland Security) of a refugee child 


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•HR 5210 IH

1 admitted under this section and was admitted under the 

2 Unaccompanied Refugee Minors program (as described in 

3 subparagraph (D), (E), or (H) of section 101(b)(1) shall 

4 be treated in accordance with subparagraph (A) if such 

5 parent or guardian seeks to follow to join such refugee 

6 child and the minor consents to being joined by such indi7 vidual. 

8 ‘‘(D)(i) Not later than 1 year after the date on which 

9 an application for refugee status is filed under this para10 graph— 

11 ‘‘(I) required screenings and background checks 

12 shall be completed; and 

13 ‘‘(II) the application shall be adjudicated. 

14 ‘‘(ii) The adjudication of an application may exceed 

15 the timeframe under clause (i) only in exceptional cir16 cumstances in which additional time to process an applica17 tion is necessary to satisfy national security concerns, if 

18 the Secretary of Homeland Security has— 

19 ‘‘(I) made a determination that the applicant 

20 meets the requirements for refugee status under this 

21 section; and 

22 ‘‘(II) notified the applicant of such determina23 tion.’’. 

24 (c) TREATMENT OF ASYLEE FAMILIES AND TIMELY

25 ADJUDICATION.—Section 208(b)(3) of the Immigration 


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1 and Nationality Act (8 U.S.C. 1158(b)(3)), as amended 

2 by sections 104(d) and 107(a), is further amended— 

3 (1) in subparagraph (A), by striking ‘‘or fol4 lowing to join, such alien’’ and inserting, ‘‘or fol5 lowing to join, such alien, irrespective of the date on 

6 which such alien was granted asylum’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(F) CHILDREN OF ASYLEE SPOUSES.—A 

9 child (as defined in subparagraph (A), (B), (C), 

10 (D), or (E) of section 101(b)(1)) born to the 

11 asylee spouse who qualifies for admission under 

12 paragraph (A) shall, if not otherwise eligible for 

13 asylum under this section, be granted the same 

14 status as such asylee spouse if accompanying, 

15 or following to join, such asylee spouse. 

16 ‘‘(G) APPLICATION PROCESS.— 

17 ‘‘(i) IN GENERAL.—Not later than 1 

18 year after the date on which an application 

19 for refugee status is filed under this para20 graph— 

21 ‘‘(I) required screenings and 

22 background checks shall be completed; 

23 and 

24 ‘‘(II) the application shall be ad25 judicated. 


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1 ‘‘(ii) EXCEPTION.—The adjudication 

2 of an application may exceed the time3 frame under clause (i) only in exceptional 

4 circumstances in which additional time to 

5 process an application is necessary to sat6 isfy national security concerns, if the Sec7 retary of Homeland Security has— 

8 ‘‘(I) made a determination that 

9 the applicant meets the requirements 

10 for refugee status under this section; 

11 and 

12 ‘‘(II) notified the applicant of 

13 such determination. 

14 ‘‘(iii) PROHIBITION ON DENIALS DUE

15 TO PROCESSING DELAYS.—An application 

16 for asylum under this paragraph shall not 

17 be denied, in whole or in part, on the basis 

18 that processing could not be completed 

19 within the timeframe under clause (i).’’. 

20 SEC. 112. PROTECTIONS FOR MINORS SEEKING ASYLUM. 

21 (a) IN GENERAL.—Section 208 of the Immigration 

22 and Nationality Act (8 U.S.C. 1158) is amended— 

23 (1) in subsection (a)(2), as amended by section 

24 103, by amending subparagraph (E) to read as fol25 lows: 


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1 ‘‘(E) APPLICABILITY TO MINORS.—Sub2 paragraphs (A), (B), and (C) shall not apply to 

3 an applicant who is younger than 18 years of 

4 age on the earlier of— 

5 ‘‘(i) the date on which the asylum ap6 plication is filed; or 

7 ‘‘(ii) the date on which any notice to 

8 appear is issued.’’; and 

9 (2) in subsection (b), in paragraph (4), as 

10 added by section 104(d)(2), by adding at the end the 

11 following: 

12 ‘‘(C) APPLICANTS UNDER 18 YEARS.—An 

13 asylum officer (as defined in section 

14 235(b)(1)(E)) shall have initial jurisdiction over 

15 any asylum application filed by an applicant 

16 who is younger than 18 years of age on the ear17 lier of— 

18 ‘‘(i) the date on which the asylum ap19 plication is filed; or 

20 ‘‘(ii) the date on which any notice to 

21 appear is issued.’’. 

22 (b) TREATMENT OF SPOUSE, CHILDREN, MOTHER, 

23 AND FATHER SEEKING ASYLUM.—Section 208(b)(3) of 

24 the Immigration and Nationality Act (8 U.S.C. 1158), as 

25 amended by section 104(d), is further amended— 


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1 (1) in the paragraph heading, by striking ‘‘AND

2 CHILDREN’’ and inserting ‘‘, CHILDREN, MOTHERS, 

3 AND FATHERS’’; 

4 (2) in subparagraph (A), by striking ‘‘(as de5 fined in section 101(b)(1)(A), (B), (C), (D), or (E)) 

6 of an alien’’ and inserting ‘‘(as defined in subpara7 graph (A), (B), (C), (D), (E), or (H) of section 

8 101(b)(1)) of an alien, or the mother or father of an 

9 alien who is such a child,’’; and 

10 (3) by amending subparagraph (B) to read as 

11 follows: 

12 ‘‘(B) CONTINUED CLASSIFICATION OF CER13 TAIN ALIENS AS CHILDREN.— 

14 ‘‘(i) UNMARRIED ALIENS.—An un15 married alien who seeks to accompany, or 

16 follow to join, a mother or father granted 

17 asylum under this subsection, and any 

18 child of such unmarried alien, shall con19 tinue to be classified as a child for pur20 poses of this paragraph and shall be con21 sidered a refugee, if— 

22 ‘‘(I) the alien was younger than 

23 21 years of age on the date on which 

24 such mother or father applied for asy25 lum under this section; and 


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1 ‘‘(II) the alien attained 21 years 

2 of age while such application was 

3 pending. 

4 ‘‘(ii) EFFECT ON MOTHERS AND FA5 THERS.—A mother or father who seeks to 

6 accompany, or follow to join, an alien 

7 granted asylum under this subsection shall 

8 continue to be classified as a mother or fa9 ther for purposes of this paragraph, and 

10 together with the spouse or child of such 

11 mother or father, be considered a refugee, 

12 if the alien attained 21 years of age while 

13 such application was pending.’’. 

14 (c) REINSTATEMENT OF REMOVAL.—Section 241(a) 

15 of the Immigration and Nationality Act (8 U.S.C. 

16 1231(a)) is amended— 

17 (1) in paragraph (5), by striking ‘‘If the Attor18 ney General’’ and inserting ‘‘Except as provided in 

19 paragraph (8), if the Secretary of Homeland Secu20 rity’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(8) APPLICABILITY OF REINSTATEMENT OF

23 REMOVAL.—Paragraph (5) shall not apply to an 

24 alien who— 


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1 ‘‘(A)(i) reentered the United States ille2 gally after the alien was previously removed or 

3 departed voluntarily under an order of removal; 

4 and 

5 ‘‘(ii) was younger than 18 years of age on 

6 the date on which the alien was removed or de7 parted voluntarily under an order of removal; 

8 ‘‘(B) demonstrates to the satisfaction of 

9 the adjudicator that the basis for seeking asy10 lum developed or amplified after the alien was 

11 previously removed or departed voluntarily 

12 under an order of removal; 

13 ‘‘(C)(i) was removed pursuant to expedited 

14 procedures under section 235(b); and 

15 ‘‘(ii) demonstrates to the satisfaction of an 

16 immigration judge that the expedited removal 

17 order was issued without the alien having been 

18 offered the opportunity to apply for asylum; 

19 ‘‘(D) was issued an order of removal after 

20 having been designated under the migrant pro21 tection protocols announced by the Secretary of 

22 Homeland Security on December 20, 2018 (or 

23 any successor protocols); 

24 ‘‘(E) was deprived of or denied access to 

25 asylum procedures under section 208 solely or 


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1 primarily as a result of the implementation of 

2 the interim final rule of the Department of 

3 Homeland Security and the Department of Jus4 tice entitled ‘Aliens Subject to a Bar on Entry 

5 Under Certain Presidential Proclamations; Pro6 cedures for Protection Claims’ (83 Fed. Reg. 

7 55934 (November 9, 2019)) or Asylum Eligi8 bility and Procedural Modifications (84 Fed. 

9 Reg. 33829); or 

10 ‘‘(F) was ordered removed solely or pri11 marily as a result of the implementation of— 

12 ‘‘(i) the policy memorandum of the 

13 U.S. Citizenship and Immigration Services 

14 entitled ‘Guidance for Processing Reason15 able Fear, Credible Fear, Asylum, and 

16 Refugee Claims in Accordance with Matter 

17 of A–B–’ (PM–602–0162), dated July 11, 

18 2018; 

19 ‘‘(ii) the memorandum of the Office of 

20 the Principal Legal Advisor of U.S. Immi21 gration and Customs Enforcement entitled 

22 ‘Litigating Domestic Violence-Based Perse23 cution Claims Following Matter of A–B–’, 

24 dated July 11, 2018; 


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1 ‘‘(iii) Presidential Proclamation 9822, 

2 issued on November 9, 2018 (83 Fed. Reg. 

3 57661); or 

4 ‘‘(iv) the policy memorandum of the 

5 U.S. Citizenship and Immigration Services 

6 entitled ‘Guidance for Implementing Sec7 tion 235(b)(2)(C) of the Immigration and 

8 Nationality Act and the Migrant Protec9 tion Protocols’ (PM–602–0169), dated 

10 January 28, 2019.’’. 

11 SEC. 113. FAIR DAY IN COURT FOR KIDS. 

12 (a) IMPROVING IMMIGRATION COURT EFFICIENCY

13 AND REDUCING COSTS BY INCREASING ACCESS TO LEGAL

14 INFORMATION.— 

15 (1) APPOINTMENT OF COUNSEL IN CERTAIN

16 CASES; RIGHT TO REVIEW CERTAIN DOCUMENTS IN

17 REMOVAL PROCEEDINGS.—Section 240(b) of the Im18 migration and Nationality Act (8 U.S.C. 1229a(b)) 

19 is amended— 

20 (A) in paragraph (4)— 

21 (i) in subparagraph (A)— 

22 (I) by striking ‘‘, at no expense 

23 to the Government,’’; and 

24 (II) by striking the comma at the 

25 end and inserting a semicolon; 


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1 (ii) by redesignating subparagraphs 

2 (B) and (C) as subparagraphs (D) and 

3 (E), respectively; 

4 (iii) by inserting after subparagraph 

5 (A) the following: 

6 ‘‘(B) the Attorney General may appoint or 

7 provide counsel to aliens in immigration pro8 ceedings; 

9 ‘‘(C) at the beginning of the proceedings or 

10 as expeditiously as possible, the alien shall 

11 automatically receive a complete copy of the 

12 alien’s Alien File (commonly known as an ‘A13 file’) and Form I–862 (commonly known as a 

14 ‘Notice to Appear’) in the possession of the De15 partment of Homeland Security (other than 

16 documents protected from disclosure by privi17 lege, including national security information re18 ferred to in subparagraph (D), law enforce19 ment-sensitive information, and information 

20 prohibited from disclosure pursuant to any 

21 other provision of law) unless the alien waives 

22 the right to receive such documents by exe23 cuting a knowing and voluntary written waiver 

24 in a language that he or she understands flu25 ently;’’; and 


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1 (iv) in subparagraph (D), as so redes2 ignated, by striking ‘‘, and’’ and inserting 

3 ‘‘; and’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(8) FAILURE TO PROVIDE REQUIRED DOCU6 MENTS TO ALIEN.—In the absence of a waiver under 

7 paragraph (4)(C), a removal proceeding may not 

8 proceed until the alien— 

9 ‘‘(A) has received the documents required 

10 under such paragraph; and 

11 ‘‘(B) has been provided meaningful time to 

12 review and assess such documents.’’. 

13 (2) CLARIFICATION REGARDING THE AUTHOR14 ITY OF THE ATTORNEY GENERAL TO APPOINT COUN15 SEL TO ALIENS IN IMMIGRATION PROCEEDINGS.— 

16 Section 292 of the Immigration and Nationality Act 

17 (8 U.S.C. 1362) is amended— 

18 (A) by striking ‘‘In any’’ and inserting the 

19 following: 

20 ‘‘(a) IN GENERAL.—In any’’; 

21 (B) in subsection (a), as so designated— 

22 (i) by striking ‘‘(at no expense to the 

23 Government)’’; and 

24 (ii) by striking ‘‘he shall’’ and insert25 ing ‘‘the person shall’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(b) APPOINTMENT OF COUNSEL.— 

3 ‘‘(1) IN GENERAL.—The Attorney General may 

4 appoint or provide counsel to aliens in any pro5 ceeding conducted under section 235(b), 236, 238, 

6 240, or 241 or any other section of this Act. 

7 ‘‘(2) ACCESS TO COUNSEL.—The Secretary of 

8 Homeland Security shall facilitate access to counsel 

9 for aliens detained inside immigration detention and 

10 border facilities in any proceeding conducted under 

11 section 235(b), 236, 238, 240, or 241.’’. 

12 (3) APPOINTMENT OF COUNSEL FOR CHILDREN

13 AND VULNERABLE INDIVIDUALS.— 

14 (A) IN GENERAL.—Section 292 of the Im15 migration and Nationality Act (8 U.S.C. 1362), 

16 as amended by paragraph (2), is further 

17 amended by adding at the end the following: 

18 ‘‘(c) CHILDREN AND VULNERABLE INDIVIDUALS.— 

19 Notwithstanding subsection (b), the Attorney General 

20 shall appoint counsel, at the expense of the Government 

21 if necessary, at the beginning of the proceedings or as ex22 peditiously as possible, to represent in such proceedings 

23 any alien who has been determined by the Secretary of 

24 Homeland Security or the Attorney General to be— 

25 ‘‘(1) a child; 


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1 ‘‘(2) a particularly vulnerable individual, such 

2 as— 

3 ‘‘(A) a person with a disability; or 

4 ‘‘(B) a victim of abuse, torture, or violence; 

5 or 

6 ‘‘(3) an individual whose circumstances are 

7 such that the appointment of counsel is necessary to 

8 help ensure fair resolution and efficient adjudication 

9 of the proceedings. 

10 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 is authorized to be appropriated to the Executive Office 

12 for Immigration Review of the Department of Justice such 

13 sums as may be necessary to carry out this section.’’. 

14 (B) RULEMAKING.—The Attorney General 

15 shall promulgate regulations to implement sec16 tion 292(c) of the Immigration and Nationality 

17 Act, as added by subparagraph (A), in accord18 ance with the requirements set forth in section 

19 3006A of title 18, United States Code. 

20 (b) ACCESS TO COUNSEL AND LEGAL ORIENTA21 TION.— 

22 (1) ACCESS TO COUNSEL AT DETENTION FA23 CILITIES.—The Secretary shall provide access to 

24 counsel for all aliens held or detained in— 


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1 (A) a facility under the supervision of U.S. 

2 Immigration and Customs Enforcement, U.S. 

3 Customs and Border Protection, or the Depart4 ment of Health and Human Services; or 

5 (B) any private facility that contracts with 

6 the Federal Government to house, detain, or 

7 hold aliens. 

8 (2) ACCESS TO LEGAL ORIENTATION PRO9 GRAMS.— 

10 (A) IN GENERAL.—The Secretary, in con11 sultation with the Attorney General, shall estab12 lish procedures to ensure that legal orientation 

13 programs are available for all aliens detained by 

14 the Department to inform such aliens of— 

15 (i) the basic procedures of immigra16 tion hearings; 

17 (ii) the rights of aliens relating to 

18 such hearings under Federal immigration 

19 law; 

20 (iii) information that may deter such 

21 aliens from filing frivolous legal claims; 

22 and 

23 (iv) any other information that the 

24 Attorney General considers appropriate, 


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1 such as a contact list of potential legal re2 sources and providers. 

3 (B) ACCESS.—Access to legal orientation 

4 programs shall not be limited by the alien’s cur5 rent immigration status, prior immigration his6 tory, or potential for immigration relief. 

7 (C) ROLE OF NONGOVERNMENTAL ORGANI8 ZATIONS.—The Secretary, in consultation with 

9 the Attorney General, shall enter into 1 or more 

10 contracts with 1 or more nongovernmental com11 munity-based organizations for the provision of 

12 the legal orientation programs under this para13 graph. 

14 (3) IMMIGRATION COURT INFORMATION HELP

15 DESK.—The Attorney General shall expand the ex16 isting Immigration Court Helpdesk pilot program to 

17 all detained and nondetained immigration courts. 

18 (4) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated to the Execu20 tive Office for Immigration Review of the Depart21 ment of Justice such sums as may be necessary to 

22 carry out this subsection. 

23 (c) REPORT ON ACCESS TO COUNSEL.— 

24 (1) REPORT.—Not later than December 31 of 

25 each year, the Secretary, in consultation with the 


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1 Attorney General, shall prepare and submit a report 

2 to the Committee on the Judiciary of the Senate and 

3 the Committee on the Judiciary of the House of 

4 Representatives regarding the extent to which aliens 

5 described in section 292(c) of the Immigration and 

6 Nationality Act, as added by subsection (a)(3)(A), 

7 have been provided access to counsel. 

8 (2) CONTENTS.—Each report submitted under 

9 paragraph (1) shall include, for the immediately pre10 ceding 1-year period, the number and percentage of 

11 aliens described in paragraphs (1), (2), and (3), re12 spectively, of section 292(c) of the Immigration and 

13 Nationality Act, as added by subsection (a)(3)(A), 

14 who were represented by counsel, including informa15 tion specifying— 

16 (A) the stage of the legal process at which 

17 the alien was represented; 

18 (B) whether the alien was in government 

19 custody; and 

20 (C) the number and percentage of aliens 

21 who received legal orientation presentations. 


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1 Subtitle C—Protections for Other 

2 Vulnerable Individuals 

3 SEC. 121. MODIFICATION OF PHYSICAL PRESENCE RE4 QUIREMENTS FOR ALIENS ADMITTED IN SPE5 CIAL IMMIGRANT STATUS FOR PERSONS WHO 

6 HAVE SERVED AS TRANSLATORS FOR THE 

7 ARMED FORCES. 

8 (a) IN GENERAL.—Section 1059(e)(1) of the Na9 tional Defense Authorization Act for Fiscal Year 2006 

10 (Public Law 109–163; 8 U.S.C. 1101 note) is amended 

11 to read as follows: 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) CONTINUOUS RESIDENCE.—A period 

14 of absence from the United States described in 

15 paragraph (2) shall not be considered to break 

16 any period for which continuous residence in 

17 the United States is required for naturalization 

18 under title III of the Immigration and Nation19 ality Act (8 U.S.C. 1401 et seq.). 

20 ‘‘(B) PHYSICAL PRESENCE.—In the case of 

21 a lawful permanent resident, for an absence 

22 from the United States described in paragraph 

23 (2), the time spent outside of the United States 

24 in the capacity described in paragraph (2) shall 


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1 be counted towards the accumulation of the re2 quired physical presence in the United States.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall take effect as if included in the 

5 amendment made by section 1(c)(2) of the Act entitled 

6 ‘‘An Act to increase the number of Iraqi and Afghani 

7 translators and interpreters who may be admitted to the 

8 United States as special immigrants, and for other pur9 poses’’, approved June 15, 2007 (Public Law 110–36; 121 

10 Stat. 227). 

11 SEC. 122. PROTECTION OF STATELESS PERSONS IN THE 

12 UNITED STATES. 

13 (a) IN GENERAL.—Chapter 1 of title II of the Immi14 gration and Nationality Act (8 U.S.C. 1151 et seq.) is 

15 amended by adding at the end the following: 

16 ‘‘SEC. 210A. PROTECTION OF STATELESS PERSONS IN THE 

17 UNITED STATES. 

18 ‘‘(a) DEFINITION OF STATELESS PERSON.—In this 

19 section, the term ‘stateless person’ means an individual 

20 who is not a national of any state by operation of its law. 

21 ‘‘(b) DESIGNATION OF SPECIFIC STATELESS

22 GROUPS.—The Secretary of Homeland Security, in con23 sultation with the Secretary of State, may, in the discre24 tion of the Secretary of Homeland Security, designate speVerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210

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1 cific groups of individuals who are considered stateless 

2 persons, for purposes of this section. 

3 ‘‘(c) MECHANISMS FOR REGULARIZING THE STATUS

4 OF STATELESS PERSONS.— 

5 ‘‘(1) RELIEF FOR CERTAIN INDIVIDUALS DE6 TERMINED TO BE STATELESS PERSONS.—The Sec7 retary of Homeland Security or the Attorney Gen8 eral shall provide lawful conditional resident status 

9 to an alien who— 

10 ‘‘(A) is a stateless person who is present in 

11 the United States; 

12 ‘‘(B) applies for such relief; 

13 ‘‘(C) has not lost his or her nationality as 

14 a result of voluntary action after arrival in the 

15 United States, unless the loss was the result of 

16 duress, coercion, or a reasonable expectation 

17 that he or she had acquired or would acquire 

18 another nationality or citizenship; and 

19 ‘‘(D)(i) is not inadmissible under para20 graph (2) or (3) of section 212(a) based on 

21 criminal or national security grounds; and 

22 ‘‘(ii) is not described in section 

23 241(b)(3)(B)(i). 

24 ‘‘(2) WAIVERS.—The Secretary of Homeland 

25 Security or the Attorney General may waive any 


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1 provisions under paragraph (2) or (3) of section 

2 212(a) (other than subparagraph (B), (D)(ii), (E), 

3 (G), (H), or (I) of paragraph (2) or subparagraph 

4 (A), (B), (C), (E), or (F) of paragraph (3)) with re5 spect to such an alien for humanitarian purposes, to 

6 assure family unity, or if it is otherwise in the public 

7 interest. 

8 ‘‘(3) SUBMISSION OF PASSPORT OR TRAVEL

9 DOCUMENT.—Any alien who seeks relief under this 

10 section shall submit to the Secretary of Homeland 

11 Security or the Attorney General— 

12 ‘‘(A) any available passport or travel docu13 ment issued at any time to the alien (whether 

14 or not the passport or document has expired or 

15 been canceled, rescinded, or revoked); or 

16 ‘‘(B) an affidavit, sworn under penalty of 

17 perjury— 

18 ‘‘(i) stating that the alien has never 

19 been issued a passport or travel document; 

20 or 

21 ‘‘(ii) identifying with particularity any 

22 such passport or travel document and ex23 plaining why the alien cannot submit it. 

24 ‘‘(4) EMPLOYMENT AUTHORIZATION.—The Sec25 retary of Homeland Security may authorize an alien 


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1 who has applied for and is found prima facie eligible 

2 for or has been granted relief under paragraph (1) 

3 to engage in employment in the United States. 

4 ‘‘(5) TRAVEL DOCUMENTS.—Upon request, the 

5 Secretary of Homeland Security shall provide an 

6 alien who has been granted lawful conditional resi7 dent status under paragraph (1) with a document 

8 that facilitates the alien’s ability to travel abroad 

9 and be admitted to the United States upon return, 

10 if otherwise admissible. 

11 ‘‘(6) TREATMENT OF SPOUSE AND CHIL12 DREN.—The spouse or child of an alien who has 

13 been granted lawful conditional resident status 

14 under paragraph (1) shall, if not otherwise eligible 

15 for admission under paragraph (1), be granted law16 ful conditional resident status under this subsection 

17 if accompanying, or following to join, such alien if— 

18 ‘‘(A) the spouse or child is admissible (ex19 cept as otherwise provided in paragraph (2)) 

20 and is not described in section 241(b)(3)(B)(i); 

21 and 

22 ‘‘(B) the qualifying relationship to the 

23 principal beneficiary existed on the date on 

24 which such alien was granted conditional lawful 

25 status. 


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1 ‘‘(d) ADJUSTMENT OF STATUS.— 

2 ‘‘(1) INSPECTION AND EXAMINATION.—At the 

3 end of the 1-year period beginning on the date on 

4 which an alien has been granted conditional lawful 

5 status under subsection (c), the alien may apply for 

6 lawful permanent residence in the United States if— 

7 ‘‘(A) the alien has been physically present 

8 in the United States for at least 1 year; 

9 ‘‘(B) the alien’s conditional lawful status 

10 has not been terminated by the Secretary of 

11 Homeland Security or the Attorney General, 

12 pursuant to such regulations as the Secretary 

13 or the Attorney General may prescribe; and 

14 ‘‘(C) the alien has not otherwise acquired 

15 permanent resident status. 

16 ‘‘(2) REQUIREMENTS FOR ADJUSTMENT OF

17 STATUS.—The Secretary of Homeland Security or 

18 the Attorney General, under such regulations as the 

19 Secretary or the Attorney General may prescribe, 

20 shall adjust the status of an alien granted condi21 tional lawful status under subsection (c) to that of 

22 an alien lawfully admitted for permanent residence 

23 if such alien— 

24 ‘‘(A) is a stateless person; 


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1 ‘‘(B) properly applies for such adjustment 

2 of status; 

3 ‘‘(C) has been physically present in the 

4 United States for at least 1 year after being 

5 granted conditional lawful status under sub6 section (c); 

7 ‘‘(D) has not acquired permanent foreign 

8 residence that is substantially likely to result in 

9 the acquisition of citizenship; and 

10 ‘‘(E) is admissible (except as otherwise 

11 provided under subsection (c)(2)) as an immi12 grant under this chapter at the time of exam13 ination of such alien for adjustment of status. 

14 ‘‘(3) RECORD.—Upon approval of an applica15 tion under this subsection, the Secretary of Home16 land Security or the Attorney General shall establish 

17 a record of the alien’s admission for lawful perma18 nent residence as of the date that is 1 year before 

19 the date of such approval. 

20 ‘‘(e) TRAVEL DOCUMENTS.—Upon request, the Sec21 retary of Homeland Security shall provide an alien law22 fully admitted for permanent residence under subsection 

23 (d) with a document that facilitates the alien’s ability to 

24 travel abroad and be admitted to the United States upon 

25 return, if otherwise admissible. 


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1 ‘‘(f) PROVING THE CLAIM.— 

2 ‘‘(1) IN GENERAL.—In determining an alien’s 

3 eligibility for lawful conditional resident status or 

4 lawful permanent resident status under this section, 

5 the Secretary of Homeland Security or the Attorney 

6 General shall consider any credible evidence relevant 

7 to the application, including information from the 

8 Secretary of State, especially the Bureau of Popu9 lation, Refugees, and Migration and the Bureau of 

10 Democracy, Human Rights, and Labor. 

11 ‘‘(2) BURDEN OF PROOF.—In determining an 

12 alien’s eligibility for lawful conditional resident sta13 tus or lawful permanent resident status under this 

14 section— 

15 ‘‘(A) the applicant shall provide a full and 

16 truthful account of his or her legal status in 

17 any country in which the applicant was born or 

18 resided before entering the United States and 

19 submit all evidence reasonably available; and 

20 ‘‘(B) the Secretary of Homeland Security 

21 shall obtain and submit to the immigration offi22 cer or immigration judge and the applicant or, 

23 as applicable, the applicant’s counsel, all avail24 able evidence regarding the applicant’s legal 

25 status in the country of birth or prior residence. 


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1 ‘‘(g) REVIEW.— 

2 ‘‘(1) ADMINISTRATIVE REVIEW.—No appeal 

3 shall lie from the denial of an application by the 

4 Secretary of Homeland Security, but such denial will 

5 be without prejudice to the alien’s right to renew the 

6 application in proceedings under section 240. 

7 ‘‘(2) MOTIONS TO REOPEN.— 

8 ‘‘(A) IN GENERAL.—Notwithstanding any 

9 limitation imposed by law on motions to reopen 

10 removal, deportation, or exclusion proceedings, 

11 any individual who is eligible for relief under 

12 this section may file a motion to reopen pro13 ceedings in order to apply for relief under this 

14 section. 

15 ‘‘(B) DEADLINES.—Any motion under sub16 paragraph (A) shall be filed not later than the 

17 later of— 

18 ‘‘(i) 2 years after the date of the en19 actment of the Refugee Protection Act of 

20 2019; or 

21 ‘‘(ii) 90 days after the date of entry 

22 of a final administrative order of removal, 

23 deportation, or exclusion. 

24 ‘‘(C) EFFECT OF OTHER LIMITATIONS.— 

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1 strued to restrict the filing of a motion to re2 open under this section if such limitation is 

3 based on previously unavailable or changed 

4 facts or circumstances that would undermine an 

5 applicant’s access to nationality that was pre6 viously alleged by the Secretary of Homeland 

7 Security or the applicant. 

8 ‘‘(h) LIMITATIONS.— 

9 ‘‘(1) APPLICABILITY.—Except under paragraph 

10 (5) of subsection (c), the provisions of this section 

11 shall only apply to aliens present in the United 

12 States. 

13 ‘‘(2) SAVINGS PROVISION.—Nothing in this sec14 tion may be construed to authorize or require— 

15 ‘‘(A) except under paragraphs (5) and (6) 

16 of subsection (c), the admission of any alien to 

17 the United States; or 

18 ‘‘(B) the parole of any alien into the 

19 United States.’’. 

20 (b) CONFORMING AMENDMENT.—Section 203(b)(4) 

21 of the Immigration and Nationality Act (8 U.S.C. 

22 1153(b)(4)) is amended by inserting ‘‘to aliens granted 

23 adjustment of status under section 210A(c) or’’ after 

24 ‘‘level,’’. 


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1 (c) CLERICAL AMENDMENT.—The table of contents 

2 for the Immigration and Nationality Act is amended by 

3 inserting after the item relating to section 210 the fol4 lowing: 

‘‘Sec. 210A. Protection of stateless persons in the United States.’’. 

5 SEC. 123. PROTECTING VICTIMS OF TERRORISM FROM 

6 BEING DEFINED AS TERRORISTS. 

7 (a) SECURITY AND RELATED GROUNDS.—Section 

8 212(a)(3)(B) of the Immigration and Nationality Act (8 

9 U.S.C. 1182(a)(3)(B)) is amended to read as follows: 

10 ‘‘(B) TERRORIST ACTIVITIES.— 

11 ‘‘(i) IN GENERAL.—Any alien who— 

12 ‘‘(I) has engaged in a terrorist 

13 activity; 

14 ‘‘(II) a consular officer, the At15 torney General, or the Secretary of 

16 Homeland Security knows, or has rea17 sonable grounds to believe, is engaged 

18 in or is likely to engage after entry in 

19 any terrorist activity (as defined in 

20 clause (iv)); 

21 ‘‘(III) has, under circumstances 

22 indicating an intention to cause death 

23 or serious bodily harm, incited ter24 rorist activity; 


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1 ‘‘(IV) is a representative (as de2 fined in clause (v)) of— 

3 ‘‘(aa) a terrorist organiza4 tion described in subclause (I) or 

5 (II) of clause (vi); 

6 ‘‘(bb) a terrorist organiza7 tion described in subclause (III) 

8 of such clause, and there are rea9 sonable grounds for regarding 

10 the alien as a danger to the secu11 rity of the United States; or 

12 ‘‘(cc) a political, social, or 

13 other group that endorses or es14 pouses terrorist activity; 

15 ‘‘(V) is a member of a terrorist 

16 organization described in subclause (I) 

17 or (II) of clause (vi); 

18 ‘‘(VI) is a member of a terrorist 

19 organization described in clause 

20 (vi)(III), unless the alien can dem21 onstrate by clear and convincing evi22 dence that the alien did not know, and 

23 should not reasonably have known, 

24 that the organization was a terrorist 

25 organization, and there are reasonable 


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1 grounds for regarding the alien as a 

2 danger to the security of the United 

3 States; 

4 ‘‘(VII) endorses or espouses ter5 rorist activity or persuades others to 

6 endorse or espouse terrorist activity or 

7 to support a terrorist organization de8 scribed in subclause (I) or (II) of 

9 clause (vi); 

10 ‘‘(VIII) has received military-type 

11 training (as defined in section 2339D 

12 (c)(1) of title 18, United States Code) 

13 from or on behalf of any organization 

14 that, at the time the training was re15 ceived, was a terrorist organization 

16 described in subclause (I) or (II) of 

17 clause (vi)), or was a terrorist organi18 zation described in subclause (III) of 

19 such clause and there are reasonable 

20 grounds for regarding the alien as a 

21 danger to the security of the United 

22 States; or 

23 ‘‘(IX) is the spouse or child of an 

24 alien who is inadmissible under this 

25 subparagraph, if the activity causing 


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1 the alien to be found inadmissible oc2 curred within the last 5 years, 

3 is inadmissible. An alien who is an officer, 

4 official, representative, or spokesman of 

5 the Palestine Liberation Organization is 

6 considered, for purposes of this Act, to be 

7 engaged in a terrorist activity. 

8 ‘‘(ii) EXCEPTION.—Subclause (IX) of 

9 clause (i) does not apply to a spouse or 

10 child— 

11 ‘‘(I) who did not know or should 

12 not reasonably have known of the ac13 tivity causing the alien to be found in14 admissible under this section; or 

15 ‘‘(II) who the consular officer or 

16 Attorney General has reasonable 

17 grounds to believe has renounced the 

18 activity causing the alien to be found 

19 inadmissible under this section. 

20 ‘‘(iii) TERRORIST ACTIVITY DE21 FINED.—In this Act, the term ‘terrorist 

22 activity’ means any activity that is unlaw23 ful under the laws of the place in which it 

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1 lawful under the laws of the United States 

2 or any State) and that involves any of the 

3 following: 

4 ‘‘(I) The highjacking or sabotage 

5 of any conveyance (including an air6 craft, vessel, or vehicle). 

7 ‘‘(II) The seizing or detaining, 

8 and threatening to kill, injure, or con9 tinue to detain, another individual in 

10 order to compel a third person (in11 cluding a governmental organization) 

12 to carry out or abstain from carrying 

13 out any act as an explicit or implicit 

14 condition for the release of the indi15 vidual seized or detained. 

16 ‘‘(III) A violent attack upon an 

17 internationally protected person (as 

18 defined in section 1116(b)(4) of title 

19 18, United States Code) or upon the 

20 liberty of such person. 

21 ‘‘(IV) An assassination. 

22 ‘‘(V) The use, with the intent to 

23 endanger the safety of 1 or more indi24 viduals or to cause substantial dam25 age to property, of any— 


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1 ‘‘(aa) biological agent, chem2 ical agent, or nuclear weapon or 

3 device; or 

4 ‘‘(bb) explosive, firearm, or 

5 other weapon or dangerous device 

6 (other than for mere personal 

7 monetary gain), with intent to 

8 endanger, directly or indirectly, 

9 the safety of one or more individ10 uals or to cause substantial dam11 age to property. 

12 ‘‘(VI) A threat, attempt, or con13 spiracy to do any of the foregoing. 

14 ‘‘(iv) ENGAGE IN TERRORIST ACTIVITY

15 DEFINED.—In this Act, the term ‘engage 

16 in terrorist activity’ means, in an indi17 vidual capacity or as a member of an orga18 nization— 

19 ‘‘(I) to commit or to incite to 

20 commit, under circumstances indi21 cating an intention to cause death or 

22 serious bodily injury, a terrorist activ23 ity; 

24 ‘‘(II) to prepare or plan a ter25 rorist activity; 


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1 ‘‘(III) to gather information on 

2 potential targets for terrorist activity; 

3 ‘‘(IV) to solicit funds or other 

4 things of value for— 

5 ‘‘(aa) a terrorist activity; 

6 ‘‘(bb) a terrorist organiza7 tion described in subclause (I) or 

8 (II) of clause (vi)(II); or 

9 ‘‘(cc) a terrorist organiza10 tion described in subclause (III) 

11 of such clause (unless the solic12 itor demonstrates by clear and 

13 convincing evidence that he did 

14 not know, and should not reason15 ably have known, that the organi16 zation was a terrorist organiza17 tion) if there are reasonable 

18 grounds for regarding the solic19 itor as a danger to the security of 

20 the United States; 

21 ‘‘(V) to solicit any individual— 

22 ‘‘(aa) to engage in conduct 

23 otherwise described in this sub24 section; 


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1 ‘‘(bb) for membership in a 

2 terrorist organization described 

3 in subclause (I) or (II) of clause 

4 (vi); or 

5 ‘‘(cc) for membership in a 

6 terrorist organization described 

7 in subclause (III) of such clause 

8 (unless the solicitor demonstrates 

9 by clear and convincing evidence 

10 that he did not know, and should 

11 not reasonably have known, that 

12 the organization was a terrorist 

13 organization) if there are reason14 able grounds for regarding the 

15 solicitor as a danger to the secu16 rity of the United States; or 

17 ‘‘(VI) to commit an act that the 

18 actor knows, or reasonably should 

19 know, affords material support, in20 cluding a safe house, transportation, 

21 communications, funds, transfer of 

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1 ological, or radiological weapons), ex2 plosives, or training— 

3 ‘‘(aa) for the commission of 

4 a terrorist activity; 

5 ‘‘(bb) to any individual who 

6 the actor knows, or reasonably 

7 should know, has committed or 

8 plans to commit a terrorist activ9 ity; 

10 ‘‘(cc) to a terrorist organiza11 tion described in subclause (I) or 

12 (II) of clause (vi) or to any mem13 ber of such an organization; or 

14 ‘‘(dd) to a terrorist organi15 zation described in subclause 

16 (III) of such clause, or to any 

17 member of such an organization, 

18 unless the actor can demonstrate 

19 by clear and convincing evidence 

20 that the actor did not know, and 

21 should not reasonably have 

22 known, that the organization was 

23 a terrorist organization, if there 

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1 garding the actor as a danger to 

2 the security of the United States. 

3 ‘‘(v) REPRESENTATIVE DEFINED.—In 

4 this paragraph, the term ‘representative’ 

5 includes an officer, official, or spokesman 

6 of an organization, and any person who di7 rects, counsels, commands, or induces an 

8 organization or its members to engage in 

9 terrorist activity. 

10 ‘‘(vi) TERRORIST ORGANIZATION DE11 FINED.—In this section, the term ‘terrorist 

12 organization’ means an organization— 

13 ‘‘(I) designated under section 

14 219; 

15 ‘‘(II) otherwise designated, upon 

16 publication in the Federal Register, by 

17 the Secretary of State in consultation 

18 with or upon the request of the Attor19 ney General or the Secretary of 

20 Homeland Security, as a terrorist or21 ganization, after finding that the or22 ganization engages in the activities 

23 described in subclauses (I) through 

24 (VI) of clause (iv); or 


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1 ‘‘(III) that is a group of two or 

2 more individuals, whether organized 

3 or not, that engages in, or has a sub4 group that engages in, the activities 

5 described in subclauses (I) through 

6 (VI) of clause (iv).’’. 

7 (b) CHILD SOLDIERS.— 

8 (1) INADMISSIBILITY.—Section 212(a)(3)(G) of 

9 the Immigration and Nationality Act (8 U.S.C. 

10 1182(a)(3)(G)) is amended— 

11 (A) by striking ‘‘Any alien’’ and inserting 

12 the following: 

13 ‘‘(i) IN GENERAL.—Any alien’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(ii) APPLICABILITY.—Clause (i) shall 

16 not apply to an alien who establishes that 

17 the actions giving rise to inadmissibility 

18 under such clause were committed under 

19 duress or carried out while the alien was 

20 younger than 18 years of age.’’. 

21 (2) DEPORTABILITY.—Section 237(a)(4)(F) of 

22 such Act (8 U.S.C. 1227(a)(4)(F)) is amended— 

23 (A) by striking ‘‘Any alien’’ and inserting 

24 the following: 

25 ‘‘(i) IN GENERAL.—Any alien’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(ii) APPLICABILITY.—Clause (i) shall 

3 not apply to an alien who establishes that 

4 the actions giving rise to deportability 

5 under such clause were committed under 

6 duress or carried out while the alien was 

7 younger than 18 years of age.’’. 

8 (c) TEMPORARY ADMISSION OF NONIMMIGRANTS.— 

9 Section 212(d)(3)(B)(i) of the Immigration and Nation10 ality Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read 

11 as follows: 

12 ‘‘(B)(i) The Secretary of State, after consulta13 tion with the Attorney General and the Secretary of 

14 Homeland Security, or the Secretary of Homeland 

15 Security, after consultation with the Secretary of 

16 State and the Attorney General, may conclude, in 

17 such Secretary’s sole, unreviewable discretion, that 

18 subsection (a)(3)(B) shall not apply to an alien or 

19 that subsection (a)(3)(B)(iii)(V)(cc) shall not apply 

20 to a group. The Secretary of State may not exercise 

21 discretion under this clause with respect to an alien 

22 after removal proceedings against the alien have 

23 commenced under section 240.’’. 


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1 SEC. 124. PROTECTION FOR ALIENS INTERDICTED AT SEA. 

2 (a) IN GENERAL.—Section 241(b)(3) of the Immi3 gration and Nationality Act (8 U.S.C. 1231(b)(3)), as 

4 amended by section 106, is amended— 

5 (1) in the paragraph heading, by striking ‘‘TO

6 A COUNTRY WHERE ALIEN’S LIFE OR FREEDOM

7 WOULD BE THREATENED’’ and inserting ‘‘OR RE8 TURN IF REFUGEE’S LIFE OR FREEDOM WOULD BE

9 THREATENED OR ALIEN WOULD BE SUBJECTED TO

10 TORTURE’’; 

11 (2) in subparagraph (A)— 

12 (A) by striking ‘‘Notwithstanding’’ and in13 serting the following: 

14 ‘‘(i) LIFE OR FREEDOM THREAT15 ENED.—Notwithstanding’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(ii) ASYLUM INTERVIEW.—Notwith18 standing paragraphs (1) and (2), a United 

19 States officer may not return any alien 

20 interdicted or otherwise encountered in 

21 international waters or United States 

22 waters who has expressed a fear of return 

23 to his or her country of departure, origin, 

24 or last habitual residence— 

25 ‘‘(I) until such alien has been 

26 granted a confidential interview by an 


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1 asylum officer, in a language the alien 

2 claims to understand, to determine 

3 whether that alien has a well-founded 

4 fear of persecution because of the 

5 alien’s race, religion, nationality, 

6 membership in a particular social 

7 group, or political opinion, or because 

8 the alien would be subject to torture 

9 in that country; or 

10 ‘‘(II) if an asylum officer has de11 termined that the alien has such a 

12 well-founded fear of persecution or 

13 would be subject to torture in his or 

14 her country of departure, origin, or 

15 last habitual residence.’’; 

16 (3) by redesignating subparagraphs (B), (C), 

17 and (D) as subparagraphs (C), (D), and (E), respec18 tively; and 

19 (4) by inserting after subparagraph (A) the fol20 lowing: 

21 ‘‘(B) PROTECTIONS FOR ALIENS INTER22 DICTED IN INTERNATIONAL OR UNITED STATES

23 WATERS.—The Secretary of Homeland Security 

24 shall issue regulations establishing a uniform 


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1 procedure applicable to all aliens interdicted in 

2 international or United States waters that— 

3 ‘‘(i) provides each alien— 

4 ‘‘(I) a meaningful opportunity to 

5 express, through a translator who is 

6 fluent in a language the alien claims 

7 to understand, a fear of return to his 

8 or her country of departure, origin, or 

9 last habitual residence; and 

10 ‘‘(II) in a confidential interview 

11 and in a language the alien claims to 

12 understand, information concerning 

13 the alien’s interdiction, including the 

14 ability of the alien to inform United 

15 States officers about any fears relat16 ing to the alien’s return or repatri17 ation; 

18 ‘‘(ii) provides each alien expressing 

19 such a fear of return or repatriation a con20 fidential interview conducted by an asylum 

21 officer, in a language the alien claims to 

22 understand, to determine whether the 

23 alien’s return to his or her country of de24 parture, origin, or last habitual residence 


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1 is prohibited because the alien has a well2 founded fear of persecution— 

3 ‘‘(I) because of the alien’s race, 

4 religion, nationality, membership in a 

5 particular social group, or political 

6 opinion; or 

7 ‘‘(II) because the alien would be 

8 subject to torture in that country; 

9 ‘‘(iii) ensures that each alien can ef10 fectively communicate with United States 

11 officers through the use of a translator flu12 ent in a language the alien claims to un13 derstand; and 

14 ‘‘(iv) provides each alien who, accord15 ing to the determination of an asylum offi16 cer, has a well-founded fear of persecution 

17 for the reasons specified in clause (ii), or 

18 who would be subject to torture, an oppor19 tunity to seek protection in— 

20 ‘‘(I) a country other than the 

21 alien’s country of departure, origin, or 

22 last habitual residence in which the 

23 alien has family or other ties that will 

24 facilitate resettlement; or 


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1 ‘‘(II) if the alien has no such 

2 ties, a country that will best facilitate 

3 the alien’s resettlement, which may in4 clude the United States.’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) Section 240A(c)(5) of the Immigration and 

7 Nationality Act (8 U.S.C. 1229b(c)(5)) is amended 

8 by striking ‘‘section 241(b)(3)(B)(i)’’ and inserting 

9 ‘‘section 241(b)(3)(C)(i)’’. 

10 (2) Section 242(b)(4) of the Immigration and 

11 Nationality Act (8 U.S.C. 1252(b)(4)) is amended, 

12 in the undesignated matter following subparagraph 

13 (D), by striking ‘‘241(b)(3)(C)’’ and inserting 

14 ‘‘241(b)(3)(D)’’. 

15 SEC. 125. ENHANCED PROTECTION FOR INDIVIDUALS 

16 SEEKING U VISAS, T VISAS, AND PROTECTION 

17 UNDER VAWA. 

18 (a) EMPLOYMENT AUTHORIZATION FOR T VISA AP19 PLICANTS.—Section 214(o) (8 U.S.C. 1184(o)) is amend20 ed by adding at the end the following: 

21 ‘‘(8) Notwithstanding any provision of this Act grant22 ing eligibility for employment in the United States, the 

23 Secretary of Homeland Security shall grant employment 

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1 immigrant status under section 101(a)(15)(T) on the date 

2 that is the earlier of— 

3 ‘‘(A) the date on which the alien’s petition for 

4 such status is approved; or 

5 ‘‘(B) a date determined by the Secretary that 

6 is not later than 180 days after the date on which 

7 such alien filed such petition.’’. 

8 (b) INCREASED ACCESSIBILITY AND EMPLOYMENT

9 AUTHORIZATION FOR U VISA APPLICANTS.—Section 

10 214(p) of the Immigration and Nationality Act (8 U.S.C. 

11 1184(p)) is amended— 

12 (1) in paragraph (2)(A), by striking ‘‘10,000’’ 

13 and inserting ‘‘20,000’’; and 

14 (2) in paragraph (6), by striking the last sen15 tence; and 

16 (3) by adding at the end the following: 

17 ‘‘(8) EMPLOYMENT AUTHORIZATION.—Notwith18 standing any provision of this Act granting eligibility 

19 for employment in the United States, the Secretary 

20 of Homeland Security shall grant employment au21 thorization to an alien who has filed an application 

22 for nonimmigrant status under section 

23 101(a)(15)(U) on the date that is the earlier of— 

24 ‘‘(A) the date on which the alien’s applica25 tion for such status is approved; or 


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1 ‘‘(B) a date determined by the Secretary 

2 that is not later than 180 days after the date 

3 on which such alien filed such application.’’. 

4 (c) PROHIBITION ON REMOVAL OF CERTAIN VICTIMS

5 WITH PENDING PETITIONS AND APPLICATIONS.— 

6 (1) IN GENERAL.—Section 240 of the Immigra7 tion and Nationality Act (8 U.S.C. 1229a) is amend8 ed— 

9 (A) by redesignating subsection (e) as sub10 section (f); and 

11 (B) by inserting after subsection (d) the 

12 following: 

13 ‘‘(e) PROHIBITION ON REMOVAL OF CERTAIN VIC14 TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 

15 ‘‘(1) IN GENERAL.—An alien described in para16 graph (2) shall not be removed from the United 

17 States under this section or any other provision of 

18 law until there is a final denial of the alien’s applica19 tion for status after the exhaustion of administrative 

20 and judicial review. 

21 ‘‘(2) ALIENS DESCRIBED.—An alien described 

22 in this paragraph is an alien who— 

23 ‘‘(A) has a pending application or petition 

24 under— 


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1 ‘‘(i) subparagraph (T) or (U) of sec2 tion 101(a)(15); 

3 ‘‘(ii) section 106; 

4 ‘‘(iii) section 240A(b)(2); or 

5 ‘‘(iv) section 244(a)(3) (as in effect on 

6 March 31, 1997); or 

7 ‘‘(B) is a VAWA self-petitioner, as defined 

8 in section 101(a)(51), and has a pending appli9 cation for relief under a provision referred to in 

10 any of subparagraphs (A) through (G) of such 

11 section.’’. 

12 (2) CONFORMING AMENDMENT.—Section 

13 240(b)(7) of the Immigration and Nationality Act (8 

14 U.S.C. 1229a(b)(7)) is amended by striking ‘‘sub15 section (e)(1)’’ and inserting ‘‘subsection (f)’’. 

16 (d) PROHIBITION ON DETENTION OF CERTAIN VIC17 TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 

18 Section 236 of the Immigration and Nationality Act (8 

19 U.S.C. 1226) is amended by adding at the end the fol20 lowing: 

21 ‘‘(f) PROHIBITION ON DETENTION OF CERTAIN VIC22 TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 

23 ‘‘(1) PRESUMPTION OF RELEASE.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding any 

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1 sumption that an alien described in paragraph 

2 (2) should be released from detention. 

3 ‘‘(B) REBUTTAL.—The Secretary of 

4 Homeland Security may rebut the presumption 

5 of release based on clear and convincing evi6 dence, including credible and individualized in7 formation, that— 

8 ‘‘(i) the use of alternatives to deten9 tion will not reasonably ensure the appear10 ance of the alien at removal proceedings; 

11 or 

12 ‘‘(ii) the alien is a threat to another 

13 person or the community. 

14 ‘‘(C) PENDING CRIMINAL CHARGE.—A 

15 pending criminal charge against an alien may 

16 not be the sole factor to justify the continued 

17 detention of the alien. 

18 ‘‘(2) ALIEN DESCRIBED.—An alien described in 

19 this paragraph is an alien who— 

20 ‘‘(A) has a pending application under— 

21 ‘‘(i) subparagraph (T) or (U) of sec22 tion 101(a)(15); 

23 ‘‘(ii) section 106; 

24 ‘‘(iii) section 240A(b)(2); or 


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1 ‘‘(iv) section 244(a)(3) (as in effect on 

2 March 31, 1997); or 

3 ‘‘(B) is a VAWA self-petitioner, as defined 

4 in section 101(a)(51), and has a pending peti5 tion for relief under a provision referred to in 

6 any of subparagraphs (A) through (G) of such 

7 section.’’. 

8 Subtitle D—Protections Relating to 

9 Removal, Detention, and Pros10 ecution 

11 SEC. 131. PREVENTION OF ERRONEOUS IN ABSENTIA OR12 DERS OF REMOVAL. 

13 (a) WRITTEN RECORD OF ADDRESS.—Section 239(a) 

14 of the Immigration and Nationality Act (8 U.S.C. 

15 1229(a)) is amended— 

16 (1) in paragraph (1)(F), by inserting ‘‘the Sec17 retary of Homeland Security or’’ before ‘‘the Attor18 ney General’’ each place such term appears; and 

19 (2) in paragraph (2)(A) by striking ‘‘the alien 

20 or to the alien’s counsel of record’’ and inserting 

21 ‘‘the alien and to the alien’s counsel of record.’’. 

22 (b) REMOVAL IN ABSENTIA AND RESCISSION OF RE23 MOVAL ORDERS.—Section 240(b) of the Immigration and 

24 Nationality Act (8 U.S.C. 1229a(b)) is amended— 

25 (1) in paragraph (5)— 


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1 (A) by amending subparagraph (A) to read 

2 as follows— 

3 ‘‘(A) REMOVAL IN ABSENTIA.— 

4 ‘‘(i) IN GENERAL.—Any alien who, 

5 after a proceeding under this section is re6 scheduled by an immigration judge due to 

7 the alien’s failure to attend such pro8 ceeding, and written notice required under 

9 paragraph (1) or (2) of section 239(a) has 

10 been provided to the alien and the alien’s 

11 counsel of record, does not attend a pro12 ceeding under this section, may be ordered 

13 removed in absentia if the Department of 

14 Homeland Security establishes by clear, 

15 unequivocal, and convincing evidence 

16 that— 

17 ‘‘(I) sufficient written notice was 

18 so provided; 

19 ‘‘(II) the alien is removable; and 

20 ‘‘(III) in the case of an alien re21 quired to periodically report to the 

22 Department of Homeland Security, 

23 the alien has demonstrated a pattern 

24 of failing to report. 


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1 ‘‘(ii) SUFFICIENT NOTICE.—The writ2 ten notice by the Secretary of Homeland 

3 Security or the Attorney General shall be 

4 considered sufficient for purposes of this 

5 subparagraph if— 

6 ‘‘(I) the notice includes— 

7 ‘‘(aa) the accurate date, 

8 time, and court location at which 

9 the alien is required to appear; 

10 and 

11 ‘‘(bb) the date on which the 

12 notice was issued; 

13 ‘‘(II) the notice is provided at the 

14 most recent complete physical address 

15 provided under section 239(a); and 

16 ‘‘(III) the certificate of service 

17 for the notice indicates that oral no18 tice and a recitation of the con19 sequences of failure to appear were 

20 provided— 

21 ‘‘(aa) in the native language 

22 of the alien; or 

23 ‘‘(bb) in a language the 

24 alien understands.’’; and 


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1 (B) by amending paragraph (C) to read as 

2 follows: 

3 ‘‘(C) RESCISSION OF ORDER.— 

4 ‘‘(i) IN GENERAL.—Such an order 

5 may be rescinded only— 

6 ‘‘(I) upon a motion to reopen 

7 filed at any time after the date of the 

8 order of removal if the alien dem9 onstrates that the failure to appear 

10 was because of exceptional cir11 cumstances; 

12 ‘‘(II) upon a motion to reopen 

13 filed at any time if the alien dem14 onstrates that the alien did not receive 

15 notice in accordance with paragraph 

16 (1) or (2) of section 239(a) or the 

17 alien demonstrates that the alien was 

18 in Federal or State custody and the 

19 failure to appear was through no fault 

20 of the alien; 

21 ‘‘(III) in the case of an alien who 

22 is a minor child, upon a motion to re23 open filed at any time; or 

24 ‘‘(IV) upon a motion to reopen 

25 filed at any time if the alien has a 


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1 pending application for asylum, with2 holding of removal, or protection 

3 under the Convention against Torture 

4 and Other Cruel, Inhuman or Degrad5 ing Treatment or Punishment, done 

6 at New York December 10, 1984, or 

7 demonstrates that he or she has a 

8 credible claim to any such protection. 

9 ‘‘(ii) STAY OF REMOVAL.—The filing 

10 of the motion to reopen described in clause 

11 (i) shall stay the removal of the alien pend12 ing disposition of the motion by the immi13 gration judge.’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(8) CHECK-IN HISTORY.—Before an immigra16 tion judge conducts a proceeding under this section, 

17 the Secretary of Homeland Security shall report to 

18 the immigration judge the extent to which the alien 

19 has complied with any requirement to report periodi20 cally the whereabouts of the alien to the Secretary 

21 of Homeland Security.’’. 

22 SEC. 132. SCOPE AND STANDARD FOR REVIEW OF RE23 MOVAL ORDERS. 

24 Section 242(b) of the Immigration and Nationality 

25 Act (8 U.S.C. 1252(b)) is amended— 


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1 (1) in paragraph (1)— 

2 (A) by striking ‘‘The petition’’ and insert3 ing the following: 

4 ‘‘(A) IN GENERAL.—The petition’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(B) PROHIBITION ON REMOVAL.—An 

7 alien shall not be removed during such 30-day 

8 period unless the alien indicates in writing that 

9 he or she wishes to be removed before the expi10 ration of such period.’’. 

11 (2) by striking paragraph (4) and inserting the 

12 following: 

13 ‘‘(4) SCOPE AND STANDARD FOR REVIEW.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 paragraph (5)(B), the court of appeals shall 

16 sustain a final decision ordering removal unless 

17 it is contrary to law, an abuse of discretion, or 

18 not supported by substantial evidence. 

19 ‘‘(B) DECISION BASED ON ADMINISTRA20 TIVE RECORD.—The court of appeals shall de21 cide the petition based solely on the administra22 tive record on which the order of removal is 

23 based. 

24 ‘‘(C) AVAILABILITY OF REVIEW.— 


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1 ‘‘(i) IN GENERAL.—The court of ap2 peals shall maintain jurisdiction to review 

3 discretionary determinations arising in a 

4 claim for asylum. 

5 ‘‘(ii) JURISDICTION OVER DENIALS.— 

6 Notwithstanding section 242(a)(2)(C), the 

7 court of appeals shall maintain jurisdiction 

8 to review all denials of requests for with9 holding of removal under to section 

10 241(b)(3) or protection under the Conven11 tion against Torture and Other Cruel, In12 human or Degrading Treatment or Pun13 ishment, done at New York December 10, 

14 1984.’’. 

15 SEC. 133. PRESUMPTION OF LIBERTY FOR ASYLUM SEEK16 ERS. 

17 (a) CUSTODY DETERMINATION.— 

18 (1) INITIAL DETERMINATION.— 

19 (A) IN GENERAL.—With respect to an 

20 alien who has expressed fear of returning to his 

21 or her home country or an intent to apply for 

22 asylum in the United States, the Secretary shall 

23 make an initial written custody determination 

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1 mination to the alien not later than 48 hours 

2 after, as applicable— 

3 (i) the Secretary takes the alien into 

4 custody; or 

5 (ii) in the case of an alien already in 

6 the custody of the Secretary, the alien ex7 presses such fear or intent. 

8 (B) LEAST RESTRICTIVE CONDITIONS.—A 

9 custody determination under this paragraph 

10 shall impose the least restrictive conditions if 

11 the Secretary determines that the release of an 

12 alien— 

13 (i) will not reasonably ensure the ap14 pearance of the alien as required; or 

15 (ii) will endanger the safety of any 

16 other person or the community. 

17 (C) APPLICABILITY.—This paragraph shall 

18 not apply to unaccompanied alien children (as 

19 defined in section 462(g) of the Homeland Se20 curity Act of 2002 (6 U.S.C. 279g)). 

21 (2) PRESUMPTION OF RELEASE.— 

22 (A) IN GENERAL.—In a hearing under this 

23 subsection, there shall be a presumption that 

24 the alien should be released. 


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1 (B) REBUTTAL.—The Secretary may rebut 

2 the presumption of release based on clear and 

3 convincing evidence, including credible and indi4 vidualized information, that— 

5 (i) the use of alternatives to detention, 

6 including release on recognizance or on a 

7 reasonable bond, will not reasonably ensure 

8 the appearance of the alien at removal pro9 ceedings; or 

10 (ii) the alien is a threat to another 

11 person or the community. 

12 (C) PENDING CRIMINAL CHARGE.—A 

13 pending criminal charge against an alien may 

14 not be the sole factor to justify the continued 

15 detention of the alien. 

16 (D) EVIDENCE OF IDENTITY.—The inabil17 ity of an alien to reasonably provide govern18 ment-issued evidence of identity, including the 

19 inability of the alien to contact the government 

20 of the country of nationality of the alien so as 

21 not to alert such government of the where22 abouts of the alien, may not be the sole factor 

23 to justify the continued detention of the alien. 

24 (E) PRE-EXISTING COMMUNITY TIES.—A 

25 lack of pre-existing community ties in the 


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1 United States shall not preclude the release of 

2 an alien. 

3 (b) LEAST RESTRICTIVE CONDITIONS REQUIRED.— 

4 (1) IN GENERAL.—If the Secretary or an immi5 gration judge determines, pursuant to a hearing 

6 under this section, that the release of an alien will 

7 not reasonably ensure the appearance of the alien as 

8 required or will endanger the safety of any other 

9 person or the community, the Secretary or the immi10 gration judge shall order the least restrictive condi11 tions or combination of conditions that the Secretary 

12 or judge determines will reasonably ensure the ap13 pearance of the alien and the safety of any other 

14 person and the community, which may include— 

15 (A) release on recognizance; 

16 (B) secured or unsecured release on bond; 

17 or 

18 (C) participation in a program described in 

19 subsection (d). 

20 (2) MONTHLY REVIEW.—Any condition as21 signed to an alien under paragraph (1) shall be re22 viewed by an immigration judge on a monthly basis. 

23 (c) SPECIAL RULE FOR VULNERABLE PERSONS AND

24 PRIMARY CAREGIVERS.— 


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1 (1) IN GENERAL.—In the case that the alien 

2 who is the subject of a custody determination under 

3 this section is a vulnerable person or a primary care4 giver, the alien may not be detained unless the Sec5 retary demonstrates, in addition to the requirements 

6 under subsection (a)(2), that it is unreasonable or 

7 not practicable to place the individual in a commu8 nity-based supervision program. 

9 (2) DEFINITIONS.—In this subsection: 

10 (A) MATERIAL WITNESS.—The term ‘‘ma11 terial witness’’ means an individual who pre12 sents a declaration to an attorney investigating, 

13 prosecuting, or defending the workplace claim 

14 or from the presiding officer overseeing the 

15 workplace claim attesting that, to the best of 

16 the declarant’s knowledge and belief, reasonable 

17 cause exists to believe that the testimony of the 

18 individual will be relevant to the outcome of the 

19 workplace claim. 

20 (B) PRIMARY CAREGIVER.—The term ‘‘pri21 mary caregiver’’ means a person who is estab22 lished to be a caregiver, parent, or close relative 

23 caring for or traveling with a child. 

24 (C) VULNERABLE PERSON.—The term 

25 ‘‘vulnerable person’’ means an individual who— 


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1 (i) is under 21 years of age or over 60 

2 years of age; 

3 (ii) is pregnant; 

4 (iii) identifies as lesbian, gay, bisex5 ual, transgender, or intersex; 

6 (iv) is a victim or witness of a crime; 

7 (v) has filed a nonfrivolous civil rights 

8 claim in Federal or State court; 

9 (vi) has filed, or is a material witness 

10 to, a bonafide workplace claim; 

11 (vii) has a serious mental or physical 

12 illness or disability; 

13 (viii) has been determined by an asy14 lum officer in an interview conducted 

15 under section 235(b)(1)(B) to have a cred16 ible fear of persecution or torture; 

17 (ix) has limited English language pro18 ficiency and is not provided access to ap19 propriate and meaningful language services 

20 in a timely fashion; or 

21 (x) has been determined by an immi22 gration judge or the Secretary of Home23 land Security to be experiencing severe 

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1 tion obtained during intake, from the 

2 alien’s attorney or legal service provider, or 

3 through credible self-reporting. 

4 (D) WORKPLACE CLAIM.—The term 

5 ‘‘workplace claim’’ means any written or oral 

6 claim, charge, complaint, or grievance filed 

7 with, communicated to, or submitted to the em8 ployer, a Federal, State, or local agency or 

9 court, or an employee representative related to 

10 the violation of applicable Federal, State, and 

11 local labor laws, including laws concerning 

12 wages and hours, labor relations, family and 

13 medical leave, occupational health and safety, 

14 civil rights, or nondiscrimination. 

15 (d) ALTERNATIVES TO DETENTION.— 

16 (1) IN GENERAL.—The Secretary shall establish 

17 programs that provide alternatives to detaining 

18 aliens, which shall offer a continuum of supervision 

19 mechanisms and options, including community-based 

20 supervision programs and community support. 

21 (2) CONTRACTS WITH NONGOVERNMENTAL OR22 GANIZATIONS.—The Secretary shall contract with 

23 nongovernmental community-based organizations to 

24 provide services for programs under paragraph (1), 


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1 including case management services, appearance as2 sistance services, and screenings of detained aliens. 

3 (3) INDIVIDUALIZED DETERMINATION RE4 QUIRED.— 

5 (A) IN GENERAL.—In determining whether 

6 to order an alien to participate in a program 

7 under this subsection, the Secretary or an im8 migration judge, as applicable, shall make an 

9 individualized determination with respect to the 

10 appropriate level of supervision for the alien. 

11 (B) LIMITATION.—Participation in a pro12 gram under this subsection may not be ordered 

13 for an alien for whom it is determined that re14 lease on reasonable bond or recognizance— 

15 (i) will reasonably ensure the appear16 ance of the alien as required; and 

17 (ii) will not pose a threat to any other 

18 person or the community. 

19 (e) REGULAR REVIEW OF CUSTODY DETERMINA20 TIONS AND CONDITIONS OF RELEASE.— 

21 (1) TIMING.—In the case of an alien who seeks 

22 to challenge the initial custody determination under 

23 subsection (a)(1), not later than 72 hours after the 

24 initial custody determination, the alien shall be pro25 vided with the opportunity for a hearing before an 


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1 immigration judge to determine whether the alien 

2 should be detained. 

3 (2) SUBSEQUENT DETERMINATIONS.—An alien 

4 who is detained under this section shall be provided 

5 with a de novo custody determination hearing under 

6 this subsection— 

7 (A) every 60 days; and 

8 (B) on a showing of— 

9 (i) changed circumstances; or 

10 (ii) good cause for such a hearing. 

11 SEC. 134. PROCEDURES FOR ENSURING ACCURACY AND 

12 VERIFIABILITY OF SWORN STATEMENTS 

13 TAKEN PURSUANT TO EXPEDITED REMOVAL 

14 AUTHORITY. 

15 (a) IN GENERAL.—The Secretary shall establish 

16 quality assurance procedures to ensure the accuracy and 

17 verifiability of signed or sworn statements taken by em18 ployees of the Department exercising expedited removal 

19 authority under section 235(b) of the Immigration and 

20 Nationality Act (8 U.S.C. 1225(b)). 

21 (b) RECORDING OF INTERVIEWS.— 

22 (1) IN GENERAL.—Any sworn or signed written 

23 statement taken from an alien as part of the record 

24 of a proceeding under section 235(b)(1)(A) of the 

25 Immigration and Nationality Act (8 U.S.C. 


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1 1225(b)(1)(A)) shall be accompanied by a recording 

2 of the interview that served as the basis for such 

3 sworn statement. 

4 (2) CONTENT.—The recording shall include— 

5 (A) a reading of the entire written state6 ment to the alien in a language that the alien 

7 claims to understand; and 

8 (B) the verbal affirmation by the alien of 

9 the accuracy of— 

10 (i) the written statement; or 

11 (ii) a corrected version of the written 

12 statement. 

13 (3) FORMAT.—The recording shall be made in 

14 video, audio, or other equally reliable format. 

15 (4) EVIDENCE.—Recordings of interviews under 

16 this subsection may be considered as evidence in any 

17 further proceedings involving the alien. 

18 (c) EXEMPTION AUTHORITY.— 

19 (1) EXEMPTED FACILITIES.—Subsection (b) 

20 shall not apply to interviews that occur at detention 

21 facilities exempted by the Secretary under this sub22 section. 

23 (2) CRITERIA.—The Secretary, or a designee of 

24 the Secretary, may exempt any detention facility if 


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1 compliance with subsection (b) at that facility would 

2 impair operations or impose undue burdens or costs. 

3 (3) REPORT.—The Secretary shall annually 

4 submit to Congress a report that identifies the facili5 ties that have been exempted under this subsection. 

6 (4) NO PRIVATE CAUSE OF ACTION.—Nothing 

7 in this subsection may be construed to create a pri8 vate cause of action for damages or injunctive relief. 

9 (d) INTERPRETERS.—The Secretary shall ensure that 

10 a professional fluent interpreter is used if— 

11 (1) the interviewing officer is not certified by 

12 the Department to speak a language understood by 

13 the alien; and 

14 (2) there is no other Federal Government em15 ployee available who is able to interpret effectively, 

16 accurately, and impartially. 

17 SEC. 135. INSPECTIONS BY IMMIGRATION OFFICERS. 

18 Section 235(a)(3) of the Immigration and Nationality 

19 Act (8 U.S.C. 1225(a)(3)) is amended— 

20 (1) by striking ‘‘All aliens’’ and inserting the 

21 following: 

22 ‘‘(A) IN GENERAL.—All aliens;’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(B) PROHIBITION.—An immigration offi25 cer may not turn back, instruct to return at a 


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1 later time, refuse to inspect, or otherwise reject 

2 in any manner whatsoever an applicant for ad3 mission at a port of entry who indicates— 

4 ‘‘(i) an intent to apply for asylum 

5 under section 208; or 

6 ‘‘(ii) a fear of persecution.’’. 

7 SEC. 136. STUDY ON EFFECT ON ASYLUM CLAIMS OF EXPE8 DITED REMOVAL PROVISIONS, PRACTICES, 

9 AND PROCEDURES. 

10 (a) STUDY.— 

11 (1) IN GENERAL.—The Commission shall con12 duct a study to determine whether immigration offi13 cers are engaging in conduct described in paragraph 

14 (2). 

15 (2) CONDUCT DESCRIBED.—The conduct de16 scribed in this paragraph is the following: 

17 (A) Improperly encouraging an alien to 

18 withdraw or retract an asylum claim. 

19 (B) Incorrectly failing to refer an alien for 

20 an interview by an asylum officer to determine 

21 whether the alien has a credible fear of persecu22 tion, including failing to record the expression 

23 of an alien of fear of persecution or torture. 

24 (C) Incorrectly removing an alien to a 

25 country in which the alien may be persecuted. 


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1 (D) Detaining an alien improperly or 

2 under inappropriate conditions. 

3 (E) Improperly separating a family unit 

4 after a member of the family unit has expressed 

5 a credible fear of persecution. 

6 (F) Improperly referring an alien for proc7 essing under an enforcement or deterrence pro8 gram, such as the consequence delivery system. 

9 (b) REPORT.—Not later than 2 years after the date 

10 on which the Commission initiates the study under sub11 section (a), the Commission shall submit to the appro12 priate committees of Congress a report describing the re13 sults of the study. 

14 (c) STAFFING.— 

15 (1) AGENCY EMPLOYEES.— 

16 (A) IDENTIFICATION.—The Commission 

17 may identify employees of the Department of 

18 Homeland Security, the Department of Justice, 

19 and the Government Accountability Office who 

20 have significant expertise and knowledge of ref21 ugee and asylum issues. 

22 (B) DESIGNATION.—At the request of the 

23 Commission, the Secretary, the Attorney Gen24 eral, and the Comptroller General of the United 

25 States shall authorize the employees identified 


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1 under subparagraph (A) to assist the Commis2 sion in conducting the study under subsection 

3 (a). 

4 (2) ADDITIONAL STAFF.—The Commission may 

5 hire additional staff and consultants to conduct the 

6 study under subsection (a). 

7 (3) ACCESS TO PROCEEDINGS.— 

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (B), the Secretary and the Attor10 ney General shall provide staff designated 

11 under paragraph (1)(B) or hired under para12 graph (2) with unrestricted access to all stages 

13 of all proceedings conducted under section 

14 235(b) of the Immigration and Nationality Act 

15 (8 U.S.C. 1225(b)). 

16 (B) EXCEPTIONS.—The Secretary and the 

17 Attorney General may not permit unrestricted 

18 access under subparagraph (A) if— 

19 (i) the alien subject to a proceeding 

20 under such section 235(b) objects to such 

21 access; or 

22 (ii) the Secretary or Attorney General 

23 determines that the security of a particular 

24 proceeding would be threatened by such 

25 access. 


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1 (d) DEFINITIONS.—In this section: 

2 (1) APPROPRIATE COMMITTEES OF CON3 GRESS.—The term ‘‘appropriate committees of Con4 gress’’ means— 

5 (A) the Committee on Homeland Security 

6 and Governmental Affairs, the Committee on 

7 the Judiciary, and the Committee on Foreign 

8 Relations of the Senate; and 

9 (B) the Committee on Homeland Security, 

10 the Committee on the Judiciary, and the Com11 mittee on Foreign Affairs of the House of Rep12 resentatives. 

13 (2) COMMISSION.—The term ‘‘Commission’’ 

14 means the United States Commission on Inter15 national Religious Freedom. 

16 (3) CREDIBLE FEAR OF PERSECUTION.—The 

17 term ‘‘credible fear of persecution’’ has the meaning 

18 given the term in section 235(b)(1)(B)(v) of the Im19 migration and Nationality Act (8 U.S.C. 

20 1225(b)(1)(B)(v)). 

21 (4) IMMIGRATION OFFICER.—The term ‘‘immi22 gration officer’’ means an immigration officer per23 forming duties under section 235(b) of the Immigra24 tion and Nationality Act (8 U.S.C. 1225(b)) with re25 spect to aliens who— 


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1 (A) are apprehended after entering the 

2 United States; 

3 (B) may be eligible to apply for asylum 

4 under section 208 of that Act (8 U.S.C. 1158); 

5 or 

6 (C) may have a credible fear of persecu7 tion. 

8 SEC. 137. ALIGNMENT WITH REFUGEE CONVENTION OBLI9 GATIONS BY PROHIBITING CRIMINAL PROS10 ECUTION OF REFUGEES. 

11 (a) IN GENERAL.—An alien who has expressed a 

12 credible or reasonable fear of persecution, filed an applica13 tion for asylum, withholding of removal, or protection 

14 under the Convention against Torture and Other Cruel, 

15 Inhumane or Degrading Treatment or Punishment, done 

16 at New York December 10, 1984, or expressed an intent 

17 to file such an application, may not be prosecuted under 

18 section 275(a) or 276(a) of the Immigration and Nation19 ality Act (8 U.S.C. 1325(a), 1326(a)) until the earlier 

20 of— 

21 (1) the date on which any such application has 

22 been finally adjudicated and denied, including any 

23 appeals of such denial; or 

24 (2) in the case of an alien who expresses an in25 tent to file such an application, the date on which 


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1 any applicable time limitation for the filing of such 

2 an application under section 208 of such Act has 

3 ended with an application being filed. 

4 (b) AFFIRMATIVE DEFENSE.—If an alien is pros5 ecuted under section 275(a) or 276(a) of the Immigration 

6 and Nationality Act (8 U.S.C. 1325(a) and 1326(a)) in 

7 violation of subsection (a), it shall be a defense that the 

8 alien has expressed a credible or reasonable fear of perse9 cution, has filed an application for asylum or another form 

10 of protection, and such application has not been finally 

11 adjudicated and denied, including any appeals of such de12 nial. 

13 (c) TREATY OBLIGATIONS.—In accordance with the 

14 treaty obligations of the United States under Article 31 

15 of the Convention Relating to the Status of Refugees, done 

16 at Geneva July 28, 1951 (as made applicable by the Pro17 tocol Relating to the Status of Refugees, done at New 

18 York January 31, 1967 (19 UST 6223)), an alien who 

19 has been granted asylum or withholding of removal under 

20 the Immigration and Nationality Act (8 US.C. 1101 et 

21 seq.) may not be prosecuted under section 275(a) or 

22 276(a) of that Act (8 U.S.C. 1325(a) and 1326(a)). 


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1 Subtitle E—Refugee Resettlement 

2 SEC. 141. PRIORITIZATION OF FAMILY REUNIFICATION IN 

3 REFUGEE RESETTLEMENT PROCESS. 

4 (a) IN GENERAL.—The Secretary of State shall 

5 prioritize the cases of persons referred by the United Na6 tions High Commissioner for Refugees, groups of special 

7 humanitarian concern to the United States under sub8 section (a)(1) of section 207 of the Immigration and Na9 tionality Act (8 U.S.C. 1157), and refugees seeking reuni10 fication with relatives living in the United States, regard11 less of the nationality of such refugees. 

12 (b) REGULATIONS.— 

13 (1) IN GENERAL.—The Secretary of State, in 

14 consultation with the Secretary of Homeland Secu15 rity, shall promulgate regulations to ensure that an 

16 individual seeking admission to the United States as 

17 a refugee shall not be excluded from being inter18 viewed for refugee status based on— 

19 (A) a close family relationship to a citizen 

20 or lawful permanent resident of the United 

21 States; 

22 (B) a potential qualification of the indi23 vidual for an immigrant visa; or 

24 (C) a pending application by the individual 

25 for admission to the United States. 


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1 (2) SIMULTANEOUS CONSIDERATION.—The reg2 ulations promulgated under paragraph (1) shall en3 sure that an applicant for admission as a refugee is 

4 permitted to pursue simultaneously admission to the 

5 United States— 

6 (A) as a refugee; and 

7 (B) under any visa category for which the 

8 applicant may be eligible. 

9 (c) NOTICE OF SEPARATE TRAVEL.—In the case of 

10 an applicant for admission under section 207 of the Immi11 gration and Nationality Act (8 U.S.C. 1157) the applica12 tion of whom is placed on hold for more than three months 

13 and one or more members of the family of the applicant 

14 have separate pending applications for admission under 

15 such section, the Secretary of Homeland Security shall— 

16 (1) notify any individual on that case who is eli17 gible to travel separately of the option to separate 

18 the case of the individual from the family unit; and 

19 (2) permit the individual to travel based on the 

20 satisfaction by the individual of all security and 

21 other requirements for a refugee application. 

22 (d) USE OF EMBASSY REFERRALS.— 

23 (1) IN GENERAL.—The Secretary of State shall 

24 set forth a plan to ensure that each United States 

25 embassy and consulate is equipped and enabled to 


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1 refer individuals in need of resettlement to the 

2 United States refugee admissions program. 

3 (2) TRAINING.—The Secretary of State shall 

4 undertake training for embassy personnel to ensure 

5 that each embassy and consulate has sufficient 

6 knowledge and expertise to carry out this paragraph. 

7 SEC. 142. NUMERICAL GOALS FOR ANNUAL REFUGEE AD8 MISSIONS. 

9 Section 207 of the Immigration and Nationality Act 

10 (8 U.S.C. 1157) is amended— 

11 (1) in subsection (a)— 

12 (A) by striking paragraph (1); 

13 (B) by redesignating paragraphs (2) and 

14 (4) as paragraphs (1) and (6), respectively; 

15 (C) in paragraph (1), as so redesignated— 

16 (i) by inserting (A) before ‘‘Except as 

17 provided’’; 

18 (ii) by striking ‘‘after fiscal year 

19 1982’’; 

20 (iii) by striking ‘‘is justified’’ and all 

21 that follows through ‘‘interest.’’ and insert22 ing ‘‘is— 

23 ‘‘(i) justified by humanitarian con24 cerns or otherwise in the national interest; 

25 and 


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1 ‘‘(ii) not less than 95,000.’’; and 

2 (iv) by adding at the end the fol3 lowing— 

4 ‘‘(B) If the President does not issue a de5 termination under this paragraph before the be6 ginning of a fiscal year, the number of refugees 

7 who may be admitted under this section shall 

8 be 95,000. 

9 ‘‘(2) Each officer of the Federal Government 

10 responsible for refugee admissions or refugee reset11 tlement shall treat a determination under paragraph 

12 (1) and subsection (b) as the numerical goals for 

13 refugee admissions under this section for the appli14 cable fiscal year.’’; 

15 (D) by inserting after paragraph (3) the 

16 following: 

17 ‘‘(4) In making a determination under para18 graph (1), the President shall consider the number 

19 of refugees who, during the calendar year beginning 

20 immediately after the beginning of the applicable fis21 cal year, are in need of resettlement in a third coun22 try, as determined by the United Nations High 

23 Commissioner for Refugees in the most recently 

24 published projected global resettlement needs report. 


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1 ‘‘(5) The President shall determine regional al2 locations for admissions under this subsection, 

3 that— 

4 ‘‘(A) shall consider the projected needs 

5 identified by the United Nations High Commis6 sioner for Refugees in the projected global re7 settlement needs report for the calendar year 

8 beginning immediately after the beginning of 

9 the applicable fiscal year; and 

10 ‘‘(B) shall include an unallocated reserve 

11 that the Secretary of State, after notifying the 

12 Committee on the Judiciary of the Senate and 

13 the Committee on the Judiciary of the House of 

14 Representatives, may use for 1 or more regions 

15 in which the need for additional refugee admis16 sions arises.’’; 

17 (E) in paragraph (6), as so redesignated, 

18 by striking ‘‘(beginning with fiscal year 1992)’’; 

19 and 

20 (F) by adding at the end the following: 

21 ‘‘(7) All officers of the Federal Government re22 sponsible for refugee admissions or refugee resettle23 ment shall treat the determinations made under this 

24 subsection and subsection (b) as the refugee admis25 sions goal for the applicable fiscal year.’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(g) QUARTERLY REPORTS ON ADMISSIONS.—Not 

3 later than 15 days after the last day of each quarter, the 

4 President shall submit to the Committee on the Judiciary 

5 of the Senate and the Committee on the Judiciary of the 

6 House of Representatives a report that includes the fol7 lowing: 

8 ‘‘(1) REFUGEES ADMITTED.— 

9 ‘‘(A) The number of refugees admitted to 

10 the United States during the preceding quarter. 

11 ‘‘(B) The number of refugees admitted to 

12 the United States during the preceding quarter, 

13 expressed as a percentage of the number of ref14 ugees authorized to be admitted in accordance 

15 with the determinations under subsections (a) 

16 and (b) for the applicable fiscal year. 

17 ‘‘(C) The cumulative number of refugees 

18 admitted to the United States during the appli19 cable fiscal year, as of the last day of the pre20 ceding quarter. 

21 ‘‘(D) The number of refugees to be admit22 ted to the United States during the remainder 

23 of the applicable fiscal year so as to achieve the 

24 numerical goals set forth in the determinations 


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1 under subsections (a) and (b) for such fiscal 

2 year. 

3 ‘‘(E) The number of refugees from each 

4 region admitted to the United States during the 

5 preceding quarter, expressed as a percentage of 

6 the allocation for each region under subsection 

7 (a)(5) for the applicable fiscal year. 

8 ‘‘(2) ALIENS WITH SECURITY ADVISORY OPIN9 IONS.— 

10 ‘‘(A) The number of aliens, by nationality, 

11 for whom a Security Advisory Opinion has been 

12 requested who were security-cleared during the 

13 preceding quarter, expressed as a percentage of 

14 all cases successfully adjudicated by the Direc15 tor of U.S. Citizenship and Immigration Serv16 ices in the applicable fiscal year. 

17 ‘‘(B) The number of aliens, by nationality, 

18 for whom a Security Advisory Opinion has been 

19 requested who were admitted to the United 

20 States during the preceding quarter. 

21 ‘‘(3) CIRCUIT RIDES.— 

22 ‘‘(A) For the preceding quarter— 

23 ‘‘(i) the number of Refugee Corps of24 ficers deployed on circuit rides, expressed 


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1 as a percentage of the overall number of 

2 Refugee Corps officers; 

3 ‘‘(ii) the number of individuals inter4 viewed— 

5 ‘‘(I) on each circuit ride; and 

6 ‘‘(II) at each circuit ride location; 

7 ‘‘(iii) the number of circuit rides; and 

8 ‘‘(iv) for each circuit ride— 

9 ‘‘(I) the duration of the circuit 

10 ride; 

11 ‘‘(II) the average number of 

12 interviews conducted daily on the cir13 cuit ride; and 

14 ‘‘(III) the percentages of inter15 views conducted for— 

16 ‘‘(aa) individuals who re17 quire Security Advisory Opinions; 

18 and 

19 ‘‘(bb) individuals who do not 

20 require Security Advisory Opin21 ions. 

22 ‘‘(B) For the subsequent quarter— 

23 ‘‘(i) the number of circuit rides sched24 uled; and 


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1 ‘‘(ii) the number of circuit rides 

2 planned. 

3 ‘‘(4) PROCESSING.—For the preceding quar4 ter— 

5 ‘‘(A) the average number of days be6 tween— 

7 ‘‘(i) the date on which an individual is 

8 identified by the United States Govern9 ment as a refugee; and 

10 ‘‘(ii) the date on which such individual 

11 is interviewed by the Secretary of Home12 land Security; 

13 ‘‘(B) the average number of days be14 tween— 

15 ‘‘(i) the date on which an individual 

16 identified by the United States Govern17 ment as a refugee is interviewed by the 

18 Secretary of Homeland Security; and 

19 ‘‘(ii) the date on which such individual 

20 is admitted to the United States; and 

21 ‘‘(C) with respect to individuals identified 

22 by the United States Government as refugees 

23 who have been interviewed by the Secretary of 

24 Homeland Security, the approval, denial, and 


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1 hold rates for the applications for admission of 

2 such individuals, by nationality. 

3 ‘‘(5) PLAN AND ADDITIONAL INFORMATION.— 

4 ‘‘(A) A plan that describes the procedural 

5 or personnel changes necessary to ensure the 

6 admission of the number of refugees authorized 

7 to be admitted to the United States in accord8 ance with determinations under subsections (a) 

9 and (b), including a projection of the number of 

10 refugees to be admitted to the United States 

11 each month so as to achieve the numerical goals 

12 set forth in such determinations. 

13 ‘‘(B) Additional information relating to the 

14 pace of refugee admissions, as determined by 

15 the President. 

16 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec17 tion may be construed— 

18 ‘‘(1) to inhibit the expeditious processing of ref19 ugee and asylum applications; 

20 ‘‘(2) to restrict the authority of the Secretary of 

21 Homeland Security to admit aliens to the United 

22 States under any other Act; or 

23 ‘‘(3) to prevent the executive branch from in24 creasing the numerical goal of refugee admissions or 

25 regional allocations based on emerging or identified 


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1 resettlement needs during and throughout the fiscal 

2 year.’’. 

3 SEC. 143. REFORM OF REFUGEE ADMISSIONS CONSULTA4 TION PROCESS. 

5 Section 207(e) of the Immigration and Nationality 

6 Act (8 U.S.C. 1157(e)) is amended— 

7 (1) by redesignating paragraphs (1) through 

8 (7) as subparagraphs (A) through (G), respectively; 

9 (2) in the matter preceding subparagraph (A), 

10 as so redesignated— 

11 (A) by inserting ‘‘(1)’’ after ‘‘(e)’’; and 

12 (B) by inserting ‘‘, which shall be com13 menced not later than May 1 of each year and 

14 continue periodically throughout the remainder 

15 of the year, if necessary,’’ after ‘‘discussions in 

16 person’’; 

17 (3) in the undesignated matter following sub18 paragraph (G), as so redesignated, by striking ‘‘To 

19 the extent possible,’’ and inserting the following: 

20 ‘‘(2) To the extent possible’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(3)(A) The plans referred to in paragraph (1)(C) 

23 shall include estimates of— 


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1 ‘‘(i) the number of refugees the President ex2 pects to have ready to travel to the United States 

3 at the beginning of the fiscal year; 

4 ‘‘(ii) the number of refugees and the stipulated 

5 populations the President expects to admit to the 

6 United States in each quarter of the fiscal year; and 

7 ‘‘(iii) the number of refugees the President ex8 pects to have ready to travel to the United States 

9 at the end of the fiscal year. 

10 ‘‘(B) The Secretary of Homeland Security shall en11 sure that an adequate number of refugees are processed 

12 during the fiscal year to fulfill the refugee admissions 

13 goals under subsections (a) and (b). 

14 ‘‘(C) In fulfilling the requirements of this subsection, 

15 the President shall— 

16 ‘‘(i) establish specific objectives or measure17 ments for the integration of refugees admitted to the 

18 United States; and 

19 ‘‘(ii) submit an annual report to Congress on 

20 the integration of resettled refugees on the basis of 

21 such objectives or measurements.’’. 


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1 SEC. 144. DESIGNATION OF CERTAIN GROUPS OF REFU2 GEES FOR RESETTLEMENT AND ADMISSION 

3 OF REFUGEES IN EMERGENCY SITUATIONS. 

4 (a) ADMISSION OF EMERGENCY SITUATION REFU5 GEES.—Section 207(c) of the Immigration and Nation6 ality Act (8 U.S.C. 1157(c)), as amended by section 

7 111(b), is further amended— 

8 (1) by striking the subsection designation and 

9 all that follows through ‘‘immigrant under this Act.’’ 

10 in paragraph (1) and inserting the following: 

11 ‘‘(c)(1)(A) Subject to the numerical established pur12 suant to subsections (a) and (b), the Secretary of Home13 land Security may, in the Secretary’s discretion and pur14 suant to such regulations as the Secretary may prescribe, 

15 admit any refugee who is not firmly resettled in any for16 eign country, is determined to be of special humanitarian 

17 concern to the United States, and is admissible (except 

18 as provided under subsection (b) and (c) of section 209) 

19 as an immigrant under this Act. Notwithstanding any nu20 merical limitations specified in this Act, any alien admit21 ted under this paragraph shall be regarded as lawfully ad22 mitted to the United States for permanent residence as 

23 of the date of such alien’s admission to the United States. 

24 ‘‘(B)(i) The President, upon a recommendation of the 

25 Secretary of State made in consultation with the Secretary 


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1 of Homeland Security, and after appropriate consultation, 

2 may designate specifically defined groups of aliens— 

3 ‘‘(I) whose resettlement in the United States is 

4 justified by humanitarian concerns or is otherwise in 

5 the national interest; and 

6 ‘‘(II) who— 

7 ‘‘(aa) share common characteristics that 

8 identify them as targets of— 

9 ‘‘(AA) persecution on account of race, 

10 religion, nationality, membership in a par11 ticular social group, or political opinion; or 

12 ‘‘(BB) other serious harm; or 

13 ‘‘(bb) having been identified as targets as 

14 described in item (aa), share a common need 

15 for resettlement due to a specific vulnerability. 

16 ‘‘(ii) An alien who establishes membership in a group 

17 designated under clause (i) to the satisfaction of the Sec18 retary of Homeland Security shall be considered a refugee 

19 for purposes of admission as a refugee under this section 

20 unless the Secretary determines that such alien ordered, 

21 incited, assisted, or otherwise participated in the persecu22 tion of any person on account of race, religion, nationality, 

23 membership in a particular social group, or political opin24 ion. 


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1 ‘‘(iii) A designation under clause (i) is for purposes 

2 of adjudicatory efficiency and may be revoked by the 

3 President at any time after notification to Congress. 

4 ‘‘(iv) Categories of aliens established under section 

5 599D of the Foreign Operations, Export Financing, and 

6 Related Programs Appropriations Act, 1990 (Public Law 

7 101–167; 8 U.S.C. 1157 note)— 

8 ‘‘(I) shall be designated under clause (i) until 

9 the end of the first fiscal year commencing after the 

10 date of the enactment of the Refugee Protection Act 

11 of 2019; and 

12 ‘‘(II) shall be eligible for designation thereafter 

13 at the discretion of the President. 

14 ‘‘(v) The admission of an alien under this subpara15 graph shall count against the refugee admissions goal 

16 under subsection (a). 

17 ‘‘(vi) A designation under clause (i) shall not influ18 ence decisions to grant to any alien asylum under section 

19 208, protection under section 241(b)(3), or protection 

20 under the Convention against Torture and Other Cruel, 

21 Inhuman or Degrading Treatment or Punishment, done 

22 at New York December 10, 1984. 

23 ‘‘(vii) A decision to deny admission under this section 

24 to an alien who establishes to the satisfaction of the SecVerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210

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1 retary that the alien is a member of a group designated 

2 under clause (i)— 

3 ‘‘(I) shall be in writing; and 

4 ‘‘(II) shall cite the specific applicable provision 

5 of this Act upon which such denial is based, includ6 ing— 

7 ‘‘(aa) the facts underlying the determina8 tion; and 

9 ‘‘(bb) whether there is a waiver of inadmis10 sibility available to the alien.’’; 

11 (2) by striking paragraph (3); and 

12 (3) by redesignating paragraph (4) as para13 graph (3). 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 subsection (a) shall take effect on the first day of the first 

16 fiscal year that begins after the date of the enactment of 

17 this Act. 

18 SEC. 145. REFUGEE RESETTLEMENT; RADIUS REQUIRE19 MENTS. 

20 The Bureau of Population, Refugees, and Migration 

21 shall not require a refugee to be resettled within a pre22 scribed radius of a refugee resettlement office. 


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1 SEC. 146. STUDY AND REPORT ON CONTRIBUTIONS BY REF2 UGEES TO THE UNITED STATES. 

3 (a) IN GENERAL.—Not later than 2 years after the 

4 date of the enactment of this Act, and not less frequently 

5 than every 5 years thereafter, the Comptroller General of 

6 the United States shall conduct a study on the economic, 

7 social, and other contributions that refugees make to the 

8 United States. 

9 (b) MATTERS TO BE INCLUDED.—The study con10 ducted under subsection (a) shall include the following: 

11 (1) An assessment of economic contributions 

12 made by refugees, including— 

13 (A) during the first year, 5 years, 10 

14 years, and 20 years following the arrival of a 

15 refugee in the United States— 

16 (i) a description of industries in which 

17 the most refugees work; 

18 (ii) an analysis of the economic and 

19 spending power of refugees; 

20 (iii) the rate of home ownership of 

21 refugees; 

22 (iv) the estimated net amount of rev23 enue refugees contribute to the United 

24 States, as compared to the cost of govern25 ment benefits accessed by refugees; and 


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1 (v) the estimated gross amount of 

2 taxes refugees contribute; 

3 (B) the estimated rate of entrepreneurship 

4 of refugees during the first year, 5 years, 10 

5 years, and 20 years after the arrival of a ref6 ugee; 

7 (C) the number of jobs created by refugee 

8 businesses; and 

9 (D) the labor markets for which refugees 

10 fill critical gaps. 

11 (2) An assessment of the rate of refugee self12 sufficiency and a description of unmet needs and 

13 outcomes, including— 

14 (A) the manner in which the Office of Ref15 ugee Resettlement defines self-sufficiency; 

16 (B) an assessment as to whether such defi17 nition is adequate in addressing refugee needs 

18 in the United States; 

19 (C) an analysis of the unmet needs and 

20 outcomes of refugees; and 

21 (D) an evaluation of the budgetary re22 sources of the Office of Refugee Resettlement 

23 and a projection of the amount of additional re24 sources necessary to fully address the unmet 

25 needs of refugees and all other populations 


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1 within the mandate of the Office of Refugee Re2 settlement, with respect to self-sufficiency. 

3 (3) Recommendations on ways in which the Of4 fice of Refugee Resettlement may improve the rate 

5 of self-sufficiency, outcomes, and the domestic ref6 ugee program with respect to the matters assessed 

7 under paragraphs (1) and (2). 

8 (c) REPORT.—Not later than 30 days after date on 

9 which a study under subsection (a) is completed, the 

10 Comptroller General shall submit to Congress a report 

11 that describes the results of the study. 

12 SEC. 147. UPDATE OF RECEPTION AND PLACEMENT 

13 GRANTS. 

14 (a) IN GENERAL.—Beginning with fiscal year 2020, 

15 not later than 30 days before the beginning of each fiscal 

16 year, the Secretary of State shall notify Congress of the 

17 amount of funds that the Secretary of State plans to pro18 vide to national resettlement agencies in reception and 

19 placement grants during the following fiscal year. 

20 (b) REQUIREMENTS.—In setting the amount of such 

21 grants, the Secretary of State shall ensure that— 

22 (1) the grant amount for each fiscal year is ad23 justed to provide adequately for the anticipated ini24 tial resettlement needs of refugees, including adjust25 ing the amount for inflation and the cost of living; 


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1 (2) a sufficient portion of such amount is pro2 vided at the beginning of the fiscal year to each na3 tional resettlement agency to ensure adequate local 

4 and national capacity to serve the initial resettle5 ment needs of the number of refugees the Secretary 

6 of State anticipates each such resettlement agency 

7 will resettle during the fiscal year; and 

8 (3) additional amounts are provided to each na9 tional resettlement agency promptly on the arrival of 

10 refugees that, exclusive of the amounts provided 

11 under paragraph (2), are sufficient to meet the an12 ticipated initial resettlement needs of such refugees 

13 and support local and national operational costs in 

14 excess of the estimates described in paragraph (1). 

15 SEC. 148. RESETTLEMENT DATA. 

16 Section 412(a) of the Immigration and Nationality 

17 Act (8 U.S.C. 1522(a)) is amended— 

18 (1) in paragraph (2)(A), by inserting ‘‘, and 

19 shall consider data collected under paragraph (11)’’ 

20 before the period at the end; and 

21 (2) by adding at the end the following: 

22 ‘‘(11)(A) The Assistant Secretary of Health 

23 and Human Services for Refugee and Asylee Reset24 tlement (referred to in this section as the ‘Assistant 

25 Secretary’) shall expand the data analysis, collection, 


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1 and sharing activities of the Office of Refugee Reset2 tlement. 

3 ‘‘(B) The Assistant Secretary shall coordinate 

4 with the Centers for Disease Control, national reset5 tlement agencies, community-based organizations, 

6 and State refugee health programs to track national 

7 and State trends with respect to refugees arriving 

8 with Class A medical conditions and other urgent 

9 medical needs. In collecting information under this 

10 paragraph, the Assistant Secretary shall use initial 

11 refugee health screening data (including any history 

12 of severe trauma, torture, mental health symptoms, 

13 depression, anxiety, and post traumatic stress dis14 order) recorded during domestic and international 

15 health screenings, and data on the rate of use of ref16 ugee medical assistance. 

17 ‘‘(C) The Assistant Secretary shall partner with 

18 State refugee programs, community-based organiza19 tions, and national resettlement agencies to collect 

20 data relating to the housing needs of refugees, in21 cluding— 

22 ‘‘(i) the number of refugees who rent 

23 apartments or houses and who own condomin24 iums or houses; and 


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1 ‘‘(ii) the number of refugees who have be2 come homeless and the number at severe risk of 

3 becoming homeless. 

4 ‘‘(D)(i) Beginning on the fifth year after arrival 

5 of a refugee and every 5 years thereafter until the 

6 end of the 20th year after arrival, the Assistant Sec7 retary shall, to the extent practicable, gather longi8 tudinal information relating to refugee self-suffi9 ciency and economic contributions to the United 

10 States including employment status, earnings and 

11 advancement. 

12 ‘‘(ii) The longitudinal study shall consider addi13 tional factors related to self-sufficiency and integra14 tion, including family self-sufficiency and caretaking, 

15 barriers to and opportunities for integration of the 

16 children of refugees and their descendants, and el17 derly resettled refugees. 

18 ‘‘(E) Not less frequently than annually, the As19 sistant Secretary shall— 

20 ‘‘(i) update the data collected under this 

21 paragraph; 

22 ‘‘(ii) submit to Congress a report on such 

23 data; and 

24 ‘‘(iii) not later than 270 days after the end 

25 of the fiscal year following the year for which 


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1 the data was collected, make the data available 

2 to the public on the website of the Office of 

3 Refugee Resettlement.’’. 

4 SEC. 149. REFUGEE ASSISTANCE. 

5 (a) AMENDMENTS TO SOCIAL SERVICES FUNDING.— 

6 Section 412(c)(1)(B) of the Immigration and Nationality 

7 Act (8 U.S.C. 1522(c)(1)(B)) is amended to read as fol8 lows: 

9 ‘‘(B) The funds available for a fiscal year for 

10 grants and contracts under subparagraph (A) shall 

11 be allocated among the States based on a combina12 tion of— 

13 ‘‘(i) the total number or refugees (includ14 ing children and adults) who arrived in the 

15 United States not more than 36 months before 

16 the beginning of such fiscal year and are actu17 ally residing in each State (taking into account 

18 secondary migration) as of the beginning of the 

19 fiscal year; 

20 ‘‘(ii) the total number of all other eligible 

21 populations served by the Office during the pe22 riod described who are residing in the State as 

23 of the beginning of the fiscal year; and 

24 ‘‘(iii) projections on the number, projec25 tions on regional allocations, and information 


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1 on the nature of incoming refugees and other 

2 populations, such as demographics, case man3 agement or medical needs, served by the Office 

4 during the subsequent fiscal year.’’. 

5 (b) REPORT ON SECONDARY MIGRATION.—Section 

6 412(a)(3) of such Act (8 U.S.C. 1522(a)(3)) is amended— 

7 (1) in the first sentence, by striking ‘‘a peri8 odic’’ and inserting ‘‘an annual’’; and 

9 (2) by adding at the end the following: ‘‘At the 

10 end of each fiscal year, the Director shall submit to 

11 Congress a report that describes the findings of the 

12 assessment, including a list of States and localities 

13 experiencing departures and arrivals due to sec14 ondary migration, likely reasons for migration, the 

15 impact of secondary migration on States receiving 

16 secondary migrants, availability of social services for 

17 secondary migrants in such States, and unmet needs 

18 of those secondary migrants.’’. 

19 (c) ASSISTANCE MADE AVAILABLE TO SECONDARY

20 MIGRANTS.—Section 412(a)(1) of the Immigration and 

21 Nationality Act (8 U.S.C. 1522(a)(1)) is amended by add22 ing at the end the following: 

23 ‘‘(C) In providing assistance under this section, 

24 the Director shall ensure that such assistance is also 

25 provided to refugees who are secondary migrants 


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1 and meet all other eligibility requirements for such 

2 services.’’. 

3 (d) REFUGEES NEEDING SPECIALIZED MEDICAL

4 CARE OR PREPARATION.—Section 412(b)(4)(B) of the 

5 Immigration and Nationality Act (8 U.S.C. 

6 1522(b)(4)(B)) is amended by inserting ‘‘requiring spe7 cialized care or preparation before the arrival of such refu8 gees in the United States, or’’ after ‘‘medical conditions’’. 

9 (e) LEGAL ASSISTANCE FOR REFUGEES AND

10 ASYLEES.—Section 412(c)(1)(A) of the Immigration and 

11 Nationality Act (8 U.S.C. 1522(c)(1)(A)) is amended— 

12 (1) in clause (ii), by striking ‘‘and’’ at the end; 

13 (2) by redesignating clause (iii) as clause (iv); 

14 and 

15 (3) by inserting after clause (ii) the following: 

16 ‘‘(iii) to provide legal services for refu17 gees to assist the refugees in obtaining im18 migration benefits for which the refugees 

19 are eligible; and’’. 

20 (f) NOTICE AND RULEMAKING.—Not later than 90 

21 days after the date of the enactment of this Act, but in 

22 no event later than 30 days before the effective date of 

23 the amendments made by this section, the Assistant Sec24 retary shall— 


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1 (1) issue a proposed rule of the new formula by 

2 which grants and contracts are to be allocated pur3 suant to the amendments made by subsection (c); 

4 and 

5 (2) solicit public comment. 

6 (g) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect on the first day of the first 

8 fiscal year that begins after the date of the enactment of 

9 this Act. 

10 SEC. 150. EXTENSION OF ELIGIBILITY PERIOD FOR SOCIAL 

11 SECURITY BENEFITS FOR CERTAIN REFU12 GEES. 

13 (a) EXTENSION OF ELIGIBILITY PERIOD.— 

14 (1) IN GENERAL.—Section 402(a)(2)(M)(i) of 

15 the Personal Responsibility and Work Opportunity 

16 Reconciliation Act of 1996 (8 U.S.C. 

17 1612(a)(2)(M)(i)) is amended— 

18 (A) in subclause (I), by striking ‘‘9-year’’ 

19 and inserting ‘‘10-year’’; and 

20 (B) in subclause (II), by striking ‘‘2-year’’ 

21 and inserting ‘‘3-year’’. 

22 (2) CONFORMING AMENDMENT.—The heading 

23 for clause (i) of section 402(a)(2)(M) of such Act is 

24 amended by striking ‘‘TWO-YEAR EXTENSION’’ and 

25 inserting ‘‘EXTENSION’’. 


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1 (3) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall take effect as of October 1, 

3 2020. 

4 SEC. 151. UNITED STATES EMERGENCY REFUGEE RESET5 TLEMENT CONTINGENCY FUND. 

6 (a) ESTABLISHMENT.—There is established in the 

7 Treasury of the United States a fund, to be known as the 

8 ‘‘Domestic Emergency Refugee Resettlement Contingency 

9 Fund’’ (referred to in this section as the ‘‘Fund’’), to be 

10 administered by the Director of the Office of Refugee Re11 settlement (referred to in this section as the ‘‘Director’’) 

12 for the purpose described in subsection (b) and to remain 

13 available until expended. 

14 (b) PURPOSE.—Amounts from the Fund shall be 

15 used to enable the Director to operate programs and carry 

16 out efforts and initiatives to respond to urgent, unantici17 pated, or underfunded refugee and entrant assistance ac18 tivities under— 

19 (1) the Immigration and Nationality Act (8 

20 U.S.C. 1101 et seq.); 

21 (2) section 602(b) of the Afghan Allies Protec22 tion Act of 2009 (Public Law 111–8; 8 U.S.C. 1101 

23 note); 


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1 (3) section 501 of the Refugee Education As2 sistance Act of 1980 (Public Law 96–422; 8 U.S.C. 

3 1522 note); 

4 (4) the Torture Victims Relief Act of 1998 

5 (Public Law 105–320; 22 U.S.C. 2152 note); 

6 (5) the Trafficking Victims Protection Act of 

7 2000 (22 U.S.C. 7101 et seq.); or 

8 (6) section 1244 of the Refugee Crisis in Iraq 

9 Act of 2007 (Public Law 110–181; 122 Stat. 396). 

10 (c) USE OF FUNDS.—Amounts from the Fund— 

11 (1) shall be subject to the same limitations set 

12 forth in title V of division B of the Department of 

13 Defense and Labor, Health and Human Services, 

14 and Education Appropriations Act, 2019 (Public 

15 Law 115–245) as are applicable to funds appro16 priated for the Department of Health and Human 

17 Services under such Act; and 

18 (2) may only be used for initiatives that— 

19 (A) replenish any previously appropriated 

20 funds that have been reprogrammed, trans21 ferred, or withheld from programs, projects, or 

22 activities that serve refugees and entrants 

23 under the authorities described in subsection 

24 (b); 


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1 (B) stabilize existing programs, projects, 

2 and activities that serve such refugees and en3 trants by augmenting funds previously appro4 priated to serve such refugees and entrants; 

5 (C) identify unmet resettlement or integra6 tion needs of such refugees and entrants and 

7 implement solutions for such needs; and 

8 (D) meet such other needs as the Director 

9 considers appropriate, consistent with the pur10 pose under subsection (b). 

11 (3) PROTECTION FROM REPROGRAMMING.— 

12 Notwithstanding any other provision of law, none of 

13 the amounts deposited into or made available from 

14 the Fund may be transferred, reprogrammed, or 

15 otherwise made available for any purpose or use not 

16 specified in this section. 

17 (d) AVAILABILITY OF FUNDS.—Amounts in the Fund 

18 shall be available to the Director of the Office of Refugee 

19 Resettlement to meet the purpose described in subsection 

20 (b) in the national interest of the United States, as deter21 mined by the Director. 

22 (e) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) IN GENERAL.—Subject to paragraph (2), 

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1 essary for the Fund to carry out the purpose de2 scribed in subsection (b). 

3 (2) LIMITATION.—No amount of funds may be 

4 appropriated that, when added to amounts pre5 viously appropriated but not yet obligated, would 

6 cause such amount to exceed $200,000,000. 

7 (3) JUSTIFICATION TO CONGRESS.—The Presi8 dent shall provide to the appropriate committees of 

9 Congress a justification for each request for appro10 priations under this section. 

11 Subtitle F—Miscellaneous 

12 Provision 

13 SEC. 161. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated such sums 

15 as may be necessary to carry out this title, including, in 

16 addition to annual funds derived from fee accounts of U.S. 

17 Citizenship and Immigration Services, such sums as may 

18 be necessary to reduce the backlog of asylum applications 

19 to the Refugee, Asylum and International Operations Di20 rectorate. 


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1 TITLE II—REFUGEE AND ASY2 LUM SEEKER PROCESSING IN 

3 WESTERN HEMISPHERE 

4 SEC. 201. EXPANSION OF REFUGEE AND ASYLUM SEEKER 

5 PROCESSING. 

6 (a) STRENGTHENING PROCESSING AND ADJUDICA7 TION CAPACITY.— 

8 (1) IN GENERAL.—The Secretary of State, in 

9 consultation with the Secretary, shall collaborate 

10 with international partners, including the United 

11 Nations High Commissioner for Refugees, to sup12 port and strengthen the domestic capacity of coun13 tries in the Western Hemisphere— 

14 (A) to process and accept refugees for re15 settlement; and 

16 (B) to adjudicate asylum claims. 

17 (2) SUPPORT AND TECHNICAL ASSISTANCE.— 

18 The Secretary of State, in consultation with the Sec19 retary, shall provide support and technical assistance 

20 to countries in the Western Hemisphere to help such 

21 countries— 

22 (A) expand and improve their capacity to 

23 identify, process, and adjudicate refugee claims, 

24 adjudicate applications for asylum, or otherwise 

25 accept refugees referred for resettlement by the 


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1 United Nations High Commissioner for Refu2 gees or host nations, including by increasing the 

3 number of refugee and asylum officers (as de4 fined in section 235(b)(1)(E) of the Immigra5 tion and Nationality Act (8 U.S.C. 

6 1225(b)(1)(E))) who are trained in the relevant 

7 legal standards for adjudicating claims for pro8 tection; 

9 (B) establish and expand safe and secure 

10 refugee reception centers to facilitate the safe 

11 and orderly movement of individuals and fami12 lies seeking international protection; 

13 (C) improve national refugee and asylum 

14 registration systems to ensure that any person 

15 seeking refugee status, asylum, or other human16 itarian protections— 

17 (i) receives due process and meaning18 ful access to existing humanitarian protec19 tions; 

20 (ii) is provided with adequate informa21 tion about his or her rights, including the 

22 right to seek protection; 

23 (iii) is properly screened for security, 

24 including biographic and biometric capture; 

25 and 


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1 (iv) receives appropriate documents to 

2 prevent fraud and ensure freedom of move3 ment and access to basic social services; 

4 and 

5 (D) develop the capacity to conduct best 

6 interest determinations for unaccompanied chil7 dren with international protection needs to en8 sure that— 

9 (i) such children are properly reg10 istered; and 

11 (ii) their claims are appropriately con12 sidered. 

13 (b) DIPLOMATIC ENGAGEMENT AND COORDINA14 TION.—The Secretary of State, in coordination with the 

15 Secretary, as appropriate, shall— 

16 (1) carry out diplomatic engagement to secure 

17 commitments from governments to resettle refugees 

18 from Central America; and 

19 (2) take all necessary steps to ensure effective 

20 cooperation among governments resettling refugees 

21 from Central America. 

22 SEC. 202. STRENGTHENING REGIONAL HUMANITARIAN RE23 SPONSES. 

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1 cluding the United Nations High Commissioner for Refu2 gees, shall support and coordinate with the government 

3 of each country hosting a significant population of refu4 gees and asylum seekers from El Salvador, Guatemala, 

5 and Honduras— 

6 (1) to establish and expand temporary shelter 

7 and shelter network capacity to meet the immediate 

8 protection and humanitarian needs of refugees and 

9 asylum seekers, including shelters for families, 

10 women, unaccompanied children, and other vulner11 able populations; 

12 (2) to deliver to refugees and asylum seekers 

13 humanitarian assistance that— 

14 (A) is sensitive to gender identity and sex15 ual orientation, trauma, and age; and 

16 (B) includes access to accurate informa17 tion, legal representation, education, livelihood 

18 opportunities, cash assistance, mental and phys19 ical health care, and other services; 

20 (3) to establish and expand sexual, gender21 based, intimate partner, and intra-family violence 

22 prevention, recovery, and humanitarian program23 ming; 

24 (4) to fund national and community humani25 tarian organizations in humanitarian response; and 


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1 (5) to support local integration initiatives to 

2 help refugees and asylum seekers rebuild their lives 

3 and contribute in a meaningful way to the local 

4 economy in their host country. 

5 SEC. 203. INFORMATION CAMPAIGN ON DANGERS OF IR6 REGULAR MIGRATION. 

7 (a) IN GENERAL.—The Secretary of State, in con8 sultation with the Secretary, shall design and implement 

9 public information campaigns in El Salvador, Guatemala, 

10 and Honduras— 

11 (1) to disseminate information about the poten12 tial dangers of travel to the United States; 

13 (2) to provide accurate information about 

14 United States immigration law and policy; and 

15 (3) to provide accurate information about the 

16 availability of asylum and other humanitarian pro17 tections in countries in the Western Hemisphere. 

18 (b) ELEMENTS.—To the greatest extent possible, the 

19 information campaigns implemented pursuant to sub20 section (a)— 

21 (1) shall be targeted at regions with high rates 

22 of violence, high levels of out-bound migration, or 

23 significant populations of internally displaced per24 sons; 

25 (2) shall use local languages; 


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1 (3) shall employ a variety of communications 

2 media; and 

3 (4) shall be developed in consultation with pro4 gram officials at the Department of Homeland Secu5 rity, the Department of State, and other govern6 ment, nonprofit, or academic entities in close contact 

7 with migrant populations from El Salvador, Guate8 mala, and Honduras, including repatriated migrants. 

9 SEC. 204. REPORTING REQUIREMENT. 

10 Not later than 90 days after the date of the enact11 ment of this Act, the Secretary of State, in consultation 

12 with the Secretary, shall submit a report describing the 

13 plans of the Secretary of State to assist in developing the 

14 refugee and asylum processing capabilities described in 

15 this title to— 

16 (1) the Committee on the Judiciary of the Sen17 ate; 

18 (2) the Committee on Foreign Relations of the 

19 Senate; 

20 (3) the Committee on Appropriations of the 

21 Senate; 

22 (4) the Committee on the Judiciary of the 

23 House of Representatives; 

24 (5) the Committee on Foreign Affairs of the 

25 House of Representatives; and 


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1 (6) the Committee on Appropriations of the 

2 House of Representatives. 

3 SEC. 205. IDENTIFICATION, SCREENING, AND PROCESSING 

4 OF REFUGEES AND OTHER INDIVIDUALS ELI5 GIBLE FOR LAWFUL ADMISSION TO THE 

6 UNITED STATES. 

7 (a) DESIGNATED PROCESSING CENTERS.— 

8 (1) IN GENERAL.—Not later than 90 days after 

9 the date of the enactment of this Act, the Secretary 

10 of State, in consultation with the Secretary, shall 

11 enter into agreements for the Secretary to establish 

12 designated processing centers for— 

13 (A) registering, screening, and processing 

14 refugees and other eligible individuals in North 

15 America and Central America; and 

16 (B) resettling or relocating such individ17 uals to the United States or to other countries. 

18 (2) LOCATIONS.—Not fewer than 1 designated 

19 processing center shall be established in a safe and 

20 secure location identified by the United States and 

21 the host government in— 

22 (A) El Salvador; 

23 (B) Guatemala; 

24 (C) Honduras; 

25 (D) Mexico; 


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1 (E) Costa Rica; and 

2 (F) any other country that the Secretary 

3 of State determines can accept and process re4 quests and applications under this title, includ5 ing any country in North America or Central 

6 America that is hosting significant numbers of 

7 refugees or other displaced individuals. 

8 (b) ASSISTANT DIRECTOR OF REGIONAL PROC9 ESSING.— 

10 (1) IN GENERAL.—The Director of U.S. Citi11 zenship and Immigration Services shall appoint an 

12 Assistant Director of Regional Processing, who shall 

13 oversee the establishment and operation of all des14 ignated processing centers. 

15 (2) DUTIES.—The Assistant Director of Re16 gional Processing, in coordination with the Secretary 

17 and the Director of U.S. Citizenship and Immigra18 tion Services, shall— 

19 (A) coordinate with the Secretary of State 

20 and the host country to ensure that each des21 ignated processing center is safe, secure, and 

22 reasonably accessible to the public to facilitate 

23 the registration, screening, and processing of 

24 individuals under this title; 


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1 (B) establish standard operating proce2 dures for the registration, screening, and proc3 essing of individuals under this title; 

4 (C) oversee the administration of the pro5 cedures established pursuant to subparagraph 

6 (B); and 

7 (D) carry out other duties and powers pre8 scribed by the Director of U.S. Citizenship and 

9 Immigration Services. 

10 (c) PERSONNEL.— 

11 (1) REFUGEE OFFICERS AND RELATED PER12 SONNEL.—The Secretary, in consultation with the 

13 Director of U.S. Citizenship and Immigration Serv14 ices and the Assistant Director of Regional Proc15 essing, shall ensure that sufficient numbers of ref16 ugee officers and other personnel are assigned to 

17 each designated processing center to fulfill the re18 quirements under this title. 

19 (2) SUPPORT PERSONNEL.—The Secretary and 

20 the Attorney General shall hire and assign sufficient 

21 personnel to ensure that all security and law en22 forcement background checks required under this 

23 title are completed not later than 180 days after a 

24 relevant application is submitted, absent exceptional 

25 circumstances. 


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1 (d) OPERATIONS.— 

2 (1) IN GENERAL.—Each designated processing 

3 center established pursuant to subsection (a)(2) 

4 shall commence operations not later than 270 days 

5 after the date of the enactment of this Act, absent 

6 extraordinary circumstances. 

7 (2) PRODUCTIVITY.—The Secretary, in coordi8 nation with the Secretary of State, shall— 

9 (A) monitor the activities of each des10 ignated processing center; and 

11 (B) establish metrics and criteria for eval12 uating the productivity of each designated proc13 essing center. 

14 (3) CONTINUING OPERATIONS.—Each des15 ignated processing center— 

16 (A) shall remain in operation for not less 

17 than 5 fiscal years; and 

18 (B) shall continue operating until the Sec19 retary determines, in consultation with the Sec20 retary of State, and using the metrics and cri21 teria established pursuant to paragraph (2)(B), 

22 that the designated processing center has failed 

23 to maintain sufficient productivity for at least 4 

24 consecutive calendar quarters. 


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1 (4) REGISTRATION.—Each designated proc2 essing center shall receive and register individuals 

3 seeking to apply for benefits under this title. 

4 (5) INTAKE.—Consistent with this title, reg5 istered individuals shall be assessed to determine the 

6 benefits for which they may be eligible, including— 

7 (A) refugee resettlement pursuant to the 

8 Central American Refugee Program described 

9 in section 206; 

10 (B) the Central American Minors Program 

11 described in section 207; and 

12 (C) the Central American Family Reunifi13 cation Parole Program described in section 208. 

14 (6) EXPEDITED PROCESSING.—The Secretary 

15 may grant expedited processing of applications and 

16 requests under this title in emergency situations, for 

17 humanitarian reasons, or if other circumstances war18 rant expedited treatment. 

19 (e) CONGRESSIONAL REPORTS.—Not later than Jan20 uary 31 of the first fiscal year immediately following the 

21 conclusion of the fiscal year during which the first des22 ignated processing center commences operations, and 

23 every January 31 thereafter, the Secretary, in consulta24 tion with the Secretary of State, shall submit a report to 

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1 mittee on Foreign Relations of the Senate, the Committee 

2 on the Judiciary of the House of Representatives, and the 

3 Committee on Foreign Affairs of the House of Representa4 tives that identifies, with respect to each designated proc5 essing center during the previous fiscal year— 

6 (1) the number of individuals who were reg7 istered, screened, and processed for benefits under 

8 this title; 

9 (2) the number of benefits requests that were 

10 approved; and 

11 (3) the number of benefits requests that were 

12 denied. 

13 SEC. 206. CENTRAL AMERICAN REFUGEE PROGRAM. 

14 (a) IN GENERAL.— 

15 (1) MINIMUM ANNUAL NUMBER OF CENTRAL

16 AMERICAN REFUGEES.—In addition to any refugees 

17 designated for admission under section 207 of the 

18 Immigration and Nationality Act (8 U.S.C. 1157), 

19 in each of fiscal years 2020, 2021, 2022, 2023, and 

20 2024, not fewer than 100,000 nationals of El Sal21 vador, Guatemala, or Honduras shall be admitted 

22 into the United States under this section. 

23 (2) ELIGIBILITY.—Any alien described in para24 graph (1) shall be admitted under this section if— 


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1 (A) the alien registers at a designated 

2 processing center on or before September 30, 

3 2024; and 

4 (B) the Secretary of State, in consultation 

5 with the Secretary, determines that the alien is 

6 admissible as a refugee of special humanitarian 

7 concern to the United States in accordance with 

8 this section. 

9 (b) INITIAL PROCESSING.— 

10 (1) IN GENERAL.—Any alien who, while reg11 istering at a designated processing center, expresses 

12 a fear of persecution or an intention to apply for ref13 ugee status may apply for refugee resettlement 

14 under this section. Each applicant who files a com15 pleted application shall be referred to a refugee offi16 cer for further processing in accordance with this 

17 section. 

18 (2) SUBMISSION OF BIOGRAPHIC AND BIOMET19 RIC DATA.—An applicant described in paragraph (1) 

20 shall submit biographic and biometric data in ac21 cordance with procedures established by the Assist22 ant Director of Regional Processing appointed pur23 suant to section 205(b), who shall provide an alter24 native procedure for applicants who are unable to 


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1 provide all required biographic and biometric data 

2 due to a physical or mental impairment. 

3 (3) BACKGROUND CHECKS.—The Assistant Di4 rector of Regional Processing shall utilize biometric, 

5 biographic, and other appropriate data to conduct 

6 security and law enforcement background checks of 

7 applicants to determine whether there is any crimi8 nal, national security, or other ground that would 

9 render the applicant ineligible for admission as a 

10 refugee under section 207 of the Immigration and 

11 Nationality Act (8 U.S.C. 1157). 

12 (4) ORIENTATION.—The Assistant Director of 

13 Regional Processing shall provide prospective appli14 cants for refugee resettlement with information on 

15 applicable requirements and legal standards. All ori16 entation materials, including application forms and 

17 instructions, shall be made available in English and 

18 Spanish. 

19 (5) INTERNATIONAL ORGANIZATIONS.—The 

20 Secretary of State, in consultation with the Sec21 retary, shall enter into agreements with international 

22 organizations, including the United Nations High 

23 Commissioner for Refugees, to facilitate the proc24 essing and preparation of case files for applicants 

25 under this section. 


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1 (c) ADJUDICATION OF APPLICATIONS.— 

2 (1) IN GENERAL.—Not later than 60 days after 

3 the date on which an applicant is referred for fur4 ther processing pursuant to subsection (b)(1), the 

5 applicant shall be interviewed by a refugee officer, 

6 who shall determine whether the applicant is a ref7 ugee of special humanitarian concern to the United 

8 States (as defined in paragraph (5)). 

9 (2) DECISION.—Not later than 14 days after 

10 the date on which an applicant is interviewed under 

11 paragraph (1), the refugee officer shall issue a writ12 ten decision regarding the application. 

13 (3) APPROVAL OF APPLICATION.—If a refugee 

14 officer approves an application under this section, 

15 the applicant shall be processed for resettlement to 

16 the United States as a refugee in accordance with 

17 section 207 of the Immigration and Nationality Act 

18 (8 U.S.C. 1157). The security and law enforcement 

19 background checks required under subsection (b)(3) 

20 shall be completed, to the satisfaction of the Assist21 ant Director of Regional Processing, before the date 

22 on which an approved applicant may be admitted to 

23 the United States. 

24 (4) DENIAL OF APPLICATION.—If the refugee 

25 officer denies an application under this section, the 


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1 officer shall include a reasoned, written explanation 

2 for the denial and refer the applicant for a deter3 mination of eligibility for other benefits under this 

4 title in accordance with section 205(d)(5). An appli5 cant who has been denied status as a refugee of spe6 cial humanitarian concern under this section may re7 quest review of such decision by a supervisory ref8 ugee officer not later than 30 days after the date of 

9 such denial. The supervisory refugee officer shall 

10 issue a final written decision not later than 30 days 

11 after such request for review. 

12 (5) REFUGEE OF SPECIAL HUMANITARIAN CON13 CERN.—In this section, the term ‘‘refugee of special 

14 humanitarian concern to the United States’’ means 

15 any individual who, in his or her country of nation16 ality has suffered (or in the case of an individual 

17 who remains in his or her country of nationality, has 

18 a well-founded fear of suffering)— 

19 (A) domestic, sexual, or other forms of 

20 gender-based violence, including forced mar21 riage and persecution based on sexual orienta22 tion or gender identity; 

23 (B) violence, extortion, or other forms of 

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1 mitted by gangs or other organized criminal or2 ganizations; 

3 (C) a severe form of trafficking in persons; 

4 or 

5 (D) other serious human rights abuses. 

6 (6) SPOUSES AND MINOR CHILDREN.—The 

7 spouse or child of any applicant who qualifies for ad8 mission under section 207(c) of the Immigration and 

9 Nationality Act (8 U.S.C. 1157(c)) shall be granted 

10 the same status as the applicant if accompanying or 

11 following to join such applicant, in accordance with 

12 such section. 

13 (7) REFUGEE STATUS.—An individual who is 

14 admitted to the United States as a refugee of special 

15 humanitarian concern to the United States under 

16 this section shall enjoy the same rights and privi17 leges, and shall be subject to the same grounds for 

18 termination of refugee status, as provided in sections 

19 207 and 209 of the Immigration and Nationality Act 

20 (8 U.S.C. 1157 and 1159). 

21 (8) FEES.—No fee shall be imposed for the fil22 ing, processing, or adjudication of an application 

23 under this section. 

24 (d) OPTIONAL REFERRAL TO OTHER COUNTRIES.— 


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1 (1) IN GENERAL.—Notwithstanding subsection 

2 (b), an applicant for refugee resettlement under this 

3 section may be referred to another country for the 

4 processing of the applicant’s refugee claim if— 

5 (A) another country agrees to immediately 

6 process the applicant’s refugee claim in accord7 ance with the terms and procedures of a bilat8 eral agreement under paragraph (2); and 

9 (B) the applicant lacks substantial ties to 

10 the United States as defined in paragraph (3) 

11 or requests resettlement to a country other than 

12 the United States. 

13 (2) BILATERAL AGREEMENTS FOR REFERRAL

14 OF REFUGEES.— 

15 (A) IN GENERAL.—Subject to subpara16 graph (B), the Secretary of State, in consulta17 tion with the Secretary, shall enter into bilat18 eral agreements with other countries for the re19 ferral, processing, and resettlement of individ20 uals who— 

21 (i) register at a designated processing 

22 center; and 

23 (ii) seek to apply for refugee resettle24 ment under this section. 


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1 (B) LIMITATION.—Agreements required 

2 under subparagraph (A) may only be entered 

3 into with countries that have the demonstrated 

4 capacity— 

5 (i) to accept and adjudicate applica6 tions for refugee status and other forms of 

7 international protection; and 

8 (ii) to resettle refugees consistent with 

9 obligations under the United Nations Con10 vention Relating to the Status of Refugees, 

11 done at Geneva July 28, 1951, as made 

12 applicable by the Protocol Relating to the 

13 Status of Refugees, done at New York 

14 January 31, 1967 (19 UST 6223). 

15 (C) INTERNATIONAL ORGANIZATIONS.— 

16 The Secretary of State, in consultation with the 

17 Secretary, shall enter into agreements with 

18 international organizations, including the 

19 United Nations High Commissioner for Refu20 gees, to facilitate the referral, processing, and 

21 resettlement of individuals covered under this 

22 paragraph. 

23 (3) DEFINED TERM.—In this subsection, an in24 dividual has ‘‘substantial ties to the United States’’ 

25 if the individual— 


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1 (A) has a spouse, parent, son, daughter, 

2 sibling, grandparent, aunt, or uncle who resides 

3 in the United States; 

4 (B) can demonstrate previous residence in 

5 the United States for not less than 2 years; or 

6 (C) can otherwise demonstrate substantial 

7 ties to the United States, as defined by the Sec8 retary. 

9 (e) EMERGENCY RELOCATION COORDINATION.— 

10 (1) IN GENERAL.—The Secretary of State, in 

11 consultation with the Secretary, shall enter into bi12 lateral or multilateral agreements with other coun13 tries in the Western Hemisphere to establish safe 

14 and secure emergency transit centers for individuals 

15 who— 

16 (A) register at a designated processing 

17 center; 

18 (B) face an imminent risk of harm; and 

19 (C) require temporary placement in a safe 

20 location, pending a final decision on an applica21 tion under this section. 

22 (2) CONSULTATION REQUIREMENT.—Agree23 ments required under paragraph (1)— 


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1 (A) shall be developed in consultation with 

2 the United Nations High Commissioner for 

3 Refugees; and 

4 (B) shall conform to international humani5 tarian standards. 

6 (f) EXPANSION OF REFUGEE CORPS.—Not later than 

7 60 days after the date of the enactment of this Act, and 

8 subject to the availability of amounts provided in advance 

9 in appropriation Acts, the Secretary shall appoint such ad10 ditional refugee officers as may be necessary to carry out 

11 this section. 

12 SEC. 207. CENTRAL AMERICAN MINORS PROGRAM. 

13 (a) SPECIAL IMMIGRANTS.—Section 101(a)(27) of 

14 the Immigration and Nationality Act (8 U.S.C. 

15 1101(a)(27)) is amended— 

16 (1) in subparagraph (L)(iii), by inserting a 

17 semicolon at the end; 

18 (2) in subparagraph (M), by striking the period 

19 at the end and inserting ‘‘; or’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(N) an immigrant (and any of his or her 

22 children who are accompanying or following to 

23 join such immigrant) who is— 

24 ‘‘(i) a national of El Salvador, Hon25 duras, or Guatemala; 


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1 ‘‘(ii) an unmarried child of an indi2 vidual who is lawfully present in the 

3 United States; 

4 ‘‘(iii) otherwise eligible to receive an 

5 immigrant visa; and 

6 ‘‘(iv) otherwise admissible to the 

7 United States (excluding the grounds of 

8 inadmissibility specified in section 

9 212(a)(4)).’’. 

10 (b) NUMERICAL LIMITATIONS.— 

11 (1) IN GENERAL.—The total number of aliens 

12 described in section 101(a)(27)(N) of the Immigra13 tion and Nationality Act, as added by subsection 

14 (a)(3), who may be granted special immigrant status 

15 under this section may not exceed 10,000 during 

16 any of the 5 consecutive fiscal years beginning with 

17 the fiscal year during which the first designated 

18 processing center commences operations. 

19 (2) EXCLUSION FROM NUMERICAL LIMITA20 TIONS.—Aliens granted special immigrant status 

21 under this section shall not be counted against any 

22 numerical limitation under section 201, 202, or 203 

23 of the Immigration and Nationality Act (8 U.S.C. 

24 1151 et seq.). 


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1 (3) CARRY FORWARD.—If the numerical limita2 tion described in paragraph (1) is not reached dur3 ing any fiscal year, the numerical limitation under 

4 such paragraph for the following fiscal year shall be 

5 increased by a number equal to the difference be6 tween— 

7 (A) the total number of aliens who may be 

8 granted special immigrant status under this 

9 section during the first fiscal year; and 

10 (B) the number of aliens who were granted 

11 such special immigrant status during the first 

12 fiscal year. 

13 (c) PETITIONS.—If an alien is determined to be eligi14 ble for special immigrant status pursuant to an assess15 ment under section 205(d)(5), the alien, or a parent or 

16 legal guardian of the alien, may submit a petition for spe17 cial immigrant status under this section at a designated 

18 processing center. 

19 (d) ADJUDICATION.— 

20 (1) IN GENERAL.—If an alien who submits a 

21 completed petition under subsection (c) is deter22 mined to be eligible for special immigrant status 

23 under section 101(a)(27)(N) of the Immigration and 

24 Nationality Act, as added by subsection (a)(3), the 

25 Secretary, shall grant such status to such alien. 


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1 (2) DEADLINE.—Absent exceptional cir2 cumstances, petitions submitted under this section 

3 shall be adjudicated not later than 180 days after 

4 the date on which they are submitted at a des5 ignated processing center. 

6 (3) APPLICANTS UNDER PRIOR PROGRAM.— 

7 (A) IN GENERAL.—The Secretary of 

8 Homeland Security shall deem an application 

9 filed under the Central American Minors Ref10 ugee Program, established on December 1, 

11 2014, and terminated on August 16, 2017, and 

12 which was not the subject of a final disposition 

13 before January 31, 2018, to be a petition filed 

14 under this section. 

15 (B) NOTIFICATION.—The Secretary 

16 shall— 

17 (i) promptly notify all relevant parties 

18 of the conversion of applications described 

19 in subparagraph (A) into special immi20 grant petitions under this section; and 

21 (ii) provide instructions for with22 drawing such petitions to such parties if 

23 the alien no longer desires the requested 

24 relief. 


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1 (C) DEADLINE.—Absent exceptional cir2 cumstances, the Secretary shall make a final 

3 determination on each petition described in sub4 paragraph (A) that is not withdrawn pursuant 

5 to subparagraph (B)(ii) not later than 180 days 

6 after the date of the enactment of this Act. 

7 (4) BIOMETRICS AND BACKGROUND CHECKS.— 

8 (A) SUBMISSION OF BIOMETRIC AND BIO9 GRAPHIC DATA.—Petitioners for special immi10 grant status under this section shall submit bio11 metric and biographic data in accordance with 

12 procedures established by the Assistant Direc13 tor of Regional Processing. The Assistant Di14 rector shall provide an alternative procedure for 

15 applicants who are unable to provide all of the 

16 required biometric data due to a physical or 

17 mental impairment. 

18 (B) BACKGROUND CHECKS.—The Assist19 ant Director shall utilize biometric, biographic, 

20 and other appropriate data to conduct security 

21 and law enforcement background checks of peti22 tioners to determine whether there is any crimi23 nal, national security, or other ground that 

24 would render the applicant ineligible for special 

25 immigrant status under this section. 


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1 (C) COMPLETION OF BACKGROUND

2 CHECKS.—The security and law enforcement 

3 background checks required under subpara4 graph (B) shall be completed, to the satisfac5 tion of the Assistant Director, before the date 

6 on which a petition for special immigrant status 

7 under this section may be approved. 

8 SEC. 208. CENTRAL AMERICAN FAMILY REUNIFICATION PA9 ROLE PROGRAM. 

10 (a) IN GENERAL.—If an alien is determined to be eli11 gible for parole under subsection (b) pursuant to an as12 sessment under section 205(d)(5)— 

13 (1) the designated processing center shall ac14 cept a completed application for parole filed by the 

15 alien, or on behalf of the alien by a parent or legal 

16 guardian of the alien; and 

17 (2) the Secretary shall grant parole to the alien, 

18 in accordance with section 212(d)(5) of the Immi19 gration and Nationality Act (8 U.S.C. 1182(d)(5)). 

20 (b) ELIGIBILITY.—An alien shall be eligible for parole 

21 under this subsection if the alien— 

22 (1) is a national of El Salvador, Guatemala, or 

23 Honduras; 


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1 (2) is the beneficiary of an approved immigrant 

2 visa petition under section 203(a) of the Immigra3 tion and Nationality Act (8 U.S.C. 1153(a)); 

4 (3) does not have an immigrant visa; and 

5 (4) expects to obtain an immigrant visa not 

6 later than 5 years after the date on which the alien 

7 registers with a designated processing center. 

8 (c) APPLICATION AND ADJUDICATION.— 

9 (1) IN GENERAL.—An alien described in sub10 section (b) may submit an application for parole 

11 under this section during the 90-day period begin12 ning on the date on which the alien is determined 

13 to be eligible for parole pursuant to an assessment 

14 under section 205(d)(5). 

15 (2) ADJUDICATION DEADLINES.—Absent excep16 tional circumstances, applications submitted under 

17 this section shall be adjudicated not later than 180 

18 days after the date of submission. 

19 (3) BIOMETRICS AND BACKGROUND CHECKS.— 

20 (A) SUBMISSION OF BIOMETRIC AND BIO21 GRAPHIC DATA.—Applicants for parole under 

22 this section shall submit biometric and bio23 graphic data in accordance with procedures es24 tablished by the Assistant Director of Regional 

25 Processing. The Assistant Director shall provide 


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1 an alternative procedure for applicants who are 

2 unable to provide all required biometric data 

3 due to a physical or mental impairment. 

4 (B) BACKGROUND CHECKS.—The Assist5 ant Director of Regional Processing shall utilize 

6 biometric, biographic, and other appropriate 

7 data to conduct security and law enforcement 

8 background checks of applicants to determine 

9 whether there is any criminal, national security, 

10 or other ground that would render the applicant 

11 ineligible for parole under this section. 

12 (C) COMPLETION OF BACKGROUND

13 CHECKS.—The security and law enforcement 

14 background checks required under subpara15 graph (B) shall be completed to the satisfaction 

16 of the Assistant Director before the date on 

17 which an application for parole may be ap18 proved. 

19 (4) APPROVAL.—Each designated processing 

20 center shall issue appropriate travel documentation 

21 to aliens granted parole under this section. Such 

22 aliens shall present such documentation to U.S. Cus23 toms and Border Protection personnel at a port of 

24 entry for parole into the United States not later 

25 than 120 days after such documentation is issued. 


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1 SEC. 209. INFORMATIONAL CAMPAIGN; CASE STATUS HOT2 LINE. 

3 (a) INFORMATIONAL CAMPAIGN.—The Secretary 

4 shall implement an informational campaign, in English 

5 and Spanish, in the United States, El Salvador, Guate6 mala, and Honduras to increase awareness of the provi7 sions set forth in this title. 

8 (b) CASE STATUS HOTLINE.—Not later than 90 days 

9 after the date of the enactment of this Act, the Secretary 

10 shall establish a case status hotline providing confidential 

11 processing information on pending cases. 

12 TITLE III—SPECIAL IMMIGRANT 

13 VISA PROGRAMS 

14 SEC. 301. IMPROVEMENT OF THE DIRECT ACCESS PRO15 GRAM FOR U.S.-AFFILIATED IRAQIS. 

16 (a) IN GENERAL.—Section 1243 of the Refugee Cri17 sis in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended 

18 by adding at the end the following: 

19 ‘‘(g) IMPROVED APPLICATION PROCESS.— 

20 ‘‘(1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of the Refugee Pro22 tection Act of 2019, the Secretary of State and the 

23 Secretary of Homeland Security shall improve the 

24 efficiency by which applications for status as a ref25 ugee of special humanitarian concern under this sec26 tion are processed to ensure that all steps under the 


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1 control of the United States Government incidental 

2 to the approval of such applications, including re3 quired screenings and background checks, are com4 pleted not later than 5 years after the date on which 

5 an eligible applicant submits an application under 

6 subsection (a). 

7 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

8 (1), the United States Refugee Admission Program 

9 may take additional time to process applications de10 scribed in paragraph (1) if satisfaction of national 

11 security concerns requires such additional time, pro12 vided that the Secretary of Homeland Security, or 

13 his or her designee, has determined that the appli14 cant meets the requirements for status as a refugee 

15 of special humanitarian concern under this section 

16 and has notified the applicant of such fact. 

17 ‘‘(3) REPORTING REQUIREMENTS.— 

18 ‘‘(A) IN GENERAL.—Not later than 180 

19 days after the date of enactment of the Refugee 

20 Protection Act of 2019, and every 90 days 

21 thereafter, the Secretary of State and the Sec22 retary of Homeland Security shall submit a re23 port, with a classified annex, if necessary, to— 

24 ‘‘(i) the Committee on the Judiciary 

25 of the Senate; 


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1 ‘‘(ii) the Committee on Foreign Rela2 tions of the Senate; 

3 ‘‘(iii) the Committee on Armed Serv4 ices of the Senate; 

5 ‘‘(iv) the Committee on the Judiciary 

6 of the House of Representatives; 

7 ‘‘(v) the Committee on Foreign Af8 fairs of the House of Representatives; and 

9 ‘‘(vi) the Committee on Armed Serv10 ices of the House of Representatives. 

11 ‘‘(B) PUBLIC REPORTS.—The Secretary of 

12 State shall publish each report submitted pur13 suant to subparagraph (A) on the website of 

14 the Department of State. 

15 ‘‘(C) CONTENTS.—Each report submitted 

16 pursuant to subparagraph (A) shall describe the 

17 implementation of improvements to the proc18 essing of applications for refugee status re19 quired under paragraph (1), including informa20 tion relating to— 

21 ‘‘(i) enhancing existing systems for 

22 conducting background and security checks 

23 of persons applying for refugee status 

24 under this section, which shall— 


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1 ‘‘(I) support immigration secu2 rity; and 

3 ‘‘(II) provide for the orderly 

4 processing of such applications with5 out significant delay; 

6 ‘‘(ii) the number of aliens who have 

7 applied for refugee status under this sec8 tion during each month of the preceding 

9 fiscal year; 

10 ‘‘(iii) the reasons for the failure to 

11 process any applications that have been 

12 pending for longer than 5 years; 

13 ‘‘(iv) the total number of applications 

14 that are pending at the end of the report15 ing period; 

16 ‘‘(v) the average wait times for all ap17 plicants who are currently pending— 

18 ‘‘(I) employment verification; 

19 ‘‘(II) a prescreening interview 

20 with a resettlement support center; 

21 ‘‘(III) an interview with U.S. 

22 Citizenship and Immigration Services; 

23 and 

24 ‘‘(IV) the completion of security 

25 checks; 


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1 ‘‘(vi) the number of denials or rejec2 tions of applicants for refugee status, 

3 disaggregated by the reason for denial; and 

4 ‘‘(vii) the reasons for denials by U.S. 

5 Citizenship and Immigration Services 

6 based on the categories already made avail7 able to denied applicants for refugee status 

8 in the notification of ineligibility issued to 

9 them by U.S. Citizenship and Immigration 

10 Services.’’. 

11 (b) SAVINGS PROVISIONS.—Refugee admissions 

12 granted pursuant to section 1243 of the Refugee Crisis 

13 in Iraq Act (8 U.S.C. 1157 note) shall not count against 

14 the numerical limitation set forth in section 207 of the 

15 Immigration and Nationality Act (8 U.S.C. 1157). 

16 SEC. 302. CONVERSION OF CERTAIN PETITIONS. 

17 Section 2 of Public Law 110–242 (8 U.S.C. 1101 

18 note) is amended by striking subsection (b) and inserting 

19 the following: 

20 ‘‘(b) DURATION.—The authority under subsection (a) 

21 shall expire on the date on which the numerical limitation 

22 specified under section 1244 of the National Defense Au23 thorization Act for Fiscal Year 2008 (Public Law 110– 

24 181; 8 U.S.C. 1157 note) is reached.’’. 


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1 SEC. 303. SPECIAL IMMIGRANT VISA PROGRAM REPORTING 

2 REQUIREMENT. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of the enactment of this Act, the Inspector General 

5 of the Department of State, in consultation with the In6 spector General of the Department of Defense, shall sub7 mit a report, with a classified annex if necessary, to— 

8 (1) the Committee on the Judiciary of the Sen9 ate; 

10 (2) the Committee on Foreign Relations of the 

11 Senate; 

12 (3) the Committee on Armed Services of the 

13 Senate; 

14 (4) the Committee on the Judiciary of the 

15 House of Representatives; 

16 (5) the Committee on Foreign Affairs of the 

17 House of Representatives; and 

18 (6) the Committee on Armed Services of the 

19 House of Representatives. 

20 (b) PUBLICATION.—The Department of State shall 

21 publish the report submitted under subsection (a) on the 

22 website of the Department of State. 

23 (c) CONTENTS.—The report submitted under sub24 section (a) shall evaluate— 


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1 (1) the obstacles to effective protection of Af2 ghan and Iraqi allies through the special immigrant 

3 visa program between 2009 and the present; 

4 (2) measures to improve efficient processing in 

5 the special immigrant visa programs; and 

6 (3) suggestions for improvements in future pro7 grams, including information relating to— 

8 (A) the hiring of locally employed staff and 

9 contractors; 

10 (B) documenting the identity and employ11 ment of locally employed staff and contractors 

12 of the United States Government, including the 

13 possibility of establishing a central database of 

14 employees of the United States Government 

15 and its contractors; 

16 (C) the protection in and safety of employ17 ees of locally employed staff and contractors; 

18 (D) means of expediting processing at all 

19 stages of the process for applicants, including 

20 consideration of reducing required forms; 

21 (E) appropriate staffing levels for expe22 dited processing domestically and abroad; 

23 (F) the effect of uncertainty of visa avail24 ability on visa processing; 


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1 (G) the cost and availability of medical ex2 aminations; and 

3 (H) means to reduce delays in interagency 

4 processing and security checks. 

5 (d) CONSULTATION.—In preparing the report under 

6 subsection (a), the Inspector General shall consult with— 

7 (1) the Visa Office of the Bureau of Consular 

8 Affairs Visa Office of the Department of State; 

9 (2) the Executive Office of the Bureau of Near 

10 Eastern Affairs and South and Central Asian Af11 fairs of the Department of State; 

12 (3) the Consular Section of the United States 

13 Embassy in Kabul, Afghanistan; 

14 (4) the Consular Section of the United States 

15 Embassy in Baghdad, Iraq; 

16 (5) U.S. Citizenship and Immigration Services 

17 of the Department of Homeland Security; 

18 (6) the Department of Defense; 

19 (7) nongovernmental organizations providing 

20 legal aid in the special immigrant visa application 

21 process; and 

22 (8) wherever possible, current and former em23 ployees of the offices referred to in paragraphs (1) 

24 through (6). 


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1 SEC. 304. IMPROVEMENTS TO APPLICATION PROCESS FOR 

2 AFGHAN SPECIAL IMMIGRANT VISAS. 

3 Section 602(b) of the Afghan Allies Protection Act 

4 of 2009 (8 U.S.C. 1101 note) is amended— 

5 (1) in paragraph (2)(A)(ii)— 

6 (A) in the matter preceding subclause (I), 

7 by inserting ‘‘for the first time’’ after ‘‘Sep8 tember 30, 2015’’; and 

9 (B) in subclause (I)— 

10 (i) in item (aa) by inserting ‘‘for the 

11 first time’’ after ‘‘subparagraph (D)’’; and 

12 (ii) in item (bb) by inserting ‘‘for the 

13 first time’’ after ‘‘subparagraph (D)’’; and 

14 (2) in paragraph (4)(A) by inserting, ‘‘, includ15 ing Chief of Mission approval,’’ after ‘‘so that all 

16 steps’’. 

17 SEC. 305. SPECIAL IMMIGRANT STATUS FOR CERTAIN SUR18 VIVING SPOUSES AND CHILDREN. 

19 (a) IN GENERAL.—Section 101(a)(27)(D) of the Im20 migration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) 

21 is amended— 

22 (1) by striking ‘‘an immigrant who is an em23 ployee’’ and inserting the following: ‘‘an immigrant 

24 who— 

25 ‘‘(i) is an employee’’; and 


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1 (2) by striking ‘‘status;’’ and inserting the fol2 lowing: ‘‘status; or 

3 ‘‘(ii) an immigrant who is the sur4 viving spouse or child of an employee of 

5 the United States Government abroad: 

6 Provided, That the employee performed 

7 faithful service for a total of not less than 

8 15 years or was killed in the line of duty;’’. 

9 (b) SPECIAL IMMIGRANT STATUS FOR SURVIVING

10 SPOUSES AND CHILDREN.—Section 602(b)(2)(C) of the 

11 Afghan Allies Protection Act of 2009, as amended by sec12 tion 304, is further amended— 

13 (1) in clause (ii), by redesignating subclauses 

14 (I) and (II) as items (aa) and (bb), respectively and 

15 moving such items 2 ems to the right; 

16 (2) by redesignating clauses (i) and (ii) as sub17 clauses (I) and (II), respectively and moving such 

18 subclauses 2 ems to the right; 

19 (3) in the matter preceding subclause (I), as re20 designated, by striking ‘‘An alien is described’’ and 

21 inserting the following: 

22 ‘‘(i) IN GENERAL.—An alien is de23 scribed’’; 

24 (4) in clause (i)(I), as redesignated, by striking 

25 ‘‘who had a petition for classification approved’’ and 


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1 inserting ‘‘who had submitted an application to the 

2 Chief of Mission’’; and 

3 (5) by adding at the end the following: 

4 ‘‘(ii) EMPLOYMENT REQUIREMENTS.— 

5 An application by a surviving spouse or 

6 child of a principal alien shall be subject to 

7 employment requirements set forth in sub8 paragraph (A) as of the date of the prin9 cipal alien’s filing of an application for the 

10 first time, or if no application has been 

11 filed, the employment requirements as of 

12 the date of the principal alien’s death.’’. 

13 (c) SPECIAL IMMIGRANT STATUS FOR CERTAIN

14 IRAQIS.—Section 1244(b)(3) of the Refugee Crisis in Iraq 

15 Act (8 U.S.C. 1157 note)— 

16 (1) in subparagraph (B), by redesignating 

17 clauses (i) and (ii) as subclauses (I) and (II), respec18 tively and moving such subclauses 2 ems to the 

19 right; 

20 (2) by redesignating subparagraphs (A) and 

21 (B) as clauses (i) and (ii), respectively and moving 

22 such clauses 2 ems to the right; 

23 (3) in the matter preceding clause (i), as redes24 ignated, by striking ‘‘An alien is described’’ and in25 serting the following: 


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1 ‘‘(A) IN GENERAL.—An alien is de2 scribed’’; 

3 (4) in subparagraph (A)(i), as redesignated, by 

4 striking ‘‘who had a petition for classification ap5 proved’’ and inserting ‘‘who submitted an applica6 tion to the Chief of Mission’’; and 

7 (5) by adding at the end the following: 

8 ‘‘(B) EMPLOYMENT REQUIREMENTS.—An 

9 application by a surviving spouse or child of a 

10 principal alien shall be subject to employment 

11 requirements set forth in paragraph (1) as of 

12 the date of the principal alien’s filing of an ap13 plication for the first time, or if the principal 

14 alien do not file an application, the employment 

15 requirements as of the date of the principal 

16 alien’s death.’’. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 this subsection shall be effective on June 30, 2019, and 

19 shall have retroactive effect. 

20 SEC. 306. INCLUSION OF CERTAIN SPECIAL IMMIGRANTS IN 

21 THE ANNUAL REFUGEE SURVEY. 

22 Section 413(b)(1) of the Immigration and Nationality 

23 Act (8 U.S.C. 1523(b)(1)) is amended by inserting ‘‘and 

24 individuals who have opted to receive refugee benefits and 

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1 tional Defense Authorization Act for Fiscal Year 2006 

2 (Public Law 109–163; 8 U.S.C. 1101 note), section 1244 

3 of the Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 

4 note), section 602 of the Afghan Allies Protection Act of 

5 2009 (8 U.S.C. 1101 note), or section 308 of the Refugee 

6 Protection Act of 2019’’ after ‘‘who have entered the 

7 United States,’’. 

8 SEC. 307. UNITED STATES REFUGEE PROGRAM PRIORITIES. 

9 (a) IN GENERAL.—The Secretary of State, in con10 sultation with the Secretary of Homeland Security, shall 

11 designate as Priority 2 refugees of special humanitarian 

12 concern— 

13 (1) Syrian Kurds, stateless persons who habit14 ually resided in Syria, and other Syrians who 

15 partnered with, or worked for or directly with, the 

16 United States Government in Syria; 

17 (2) Syrian Kurds, stateless persons who habit18 ually resided in Syria, and other Syrians who were 

19 employed in Syria by— 

20 (A) a media or nongovernmental organiza21 tion based in the United States; 

22 (B) an organization or entity that has re23 ceived a grant from, or entered into a coopera24 tive agreement or contract with, the United 

25 States Government; or 


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1 (C) an organization that— 

2 (i) was continuously physically present 

3 in Northeast Syria between 2011 and the 

4 date of the enactment of this Act; and 

5 (ii) has partnered with an organiza6 tion described in subparagraph (A) or (B); 

7 (3) the spouses, children, sons, daughters, sib8 lings, and parents of aliens described in paragraph 

9 (1) or section 308(b); 

10 (4) Syrian Kurds, stateless persons who habit11 ually resided in Syria, and other Syrians who have 

12 an immediate relative (as defined in section 

13 201(b)(2)(A)(i) of the Immigration and Nationality 

14 Act (8 U.S.C. 1151(b)(2)(A)(i))) or a family mem15 ber described in section 203(a) of such Act (8 

16 U.S.C. 203(a)) who is physically present in the 

17 United States; 

18 (5) Syrian Kurds, stateless persons who habit19 ually resided in Syria, and other Syrians who were 

20 or are employed by the United States Government in 

21 Syria, for an aggregate period of at least 1 year; and 

22 (6) citizens or nationals of Syria or Iraq, or 

23 stateless persons who habitually resided in Syria or 

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1 ISIS efforts for an aggregate period of at least 1 

2 year. 

3 (b) ELIGIBILITY FOR ADMISSION AS A REFUGEE.— 

4 An alien may not be denied the opportunity to apply for 

5 admission as a refugee under this section solely because 

6 such alien qualifies as an immediate relative of a national 

7 of the United States or is eligible for admission to the 

8 United States under any other immigrant classification. 

9 (c) MEMBERSHIP IN CERTAIN SYRIAN ORGANIZA10 TIONS.—An applicant for admission to the United States 

11 may not be deemed inadmissible based solely on member12 ship in, participation in, or support provided to, the Syrian 

13 Democratic Forces or other partner organizations as de14 termined by the Secretary of Defense. 

15 (d) EXCLUSION FROM NUMERICAL LIMITATIONS.— 

16 Aliens provided refugee status under this section shall not 

17 be counted against any numerical limitation under section 

18 201, 202, 203, or 207 of the Immigration and Nationality 

19 Act (8 U.S.C. 1151, 1152, 1153, and 1157). 

20 (e) TIMELINE FOR PROCESSING APPLICATIONS.— 

21 (1) IN GENERAL.—The Secretary of State and 

22 the Secretary of Homeland Security shall ensure 

23 that all steps under the control of the United States 

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1 ground checks, are completed not later than 5 years 

2 after the date on which an eligible applicant submits 

3 an application under subsection (a). 

4 (2) EXCEPTION.—Notwithstanding paragraph 

5 (1), the United States Refugee Admission Program 

6 may take additional time to process applications de7 scribed in paragraph (1) if satisfaction of national 

8 security concerns requires such additional time, pro9 vided that the Secretary of Homeland Security, or 

10 the designee of the Secretary, has determined that 

11 the applicant meets the requirements for status as 

12 a refugee of special humanitarian concern under this 

13 section and has so notified the applicant. 

14 (f) REPORTING REQUIREMENTS.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of enactment of the Refugee Protec17 tion Act of 2019, and every 90 days thereafter, the 

18 Secretary of State and the Secretary of Homeland 

19 Security shall submit a report to— 

20 (A) the Committee on the Judiciary, the 

21 Committee on Foreign Relations, and the Com22 mittee on Armed Services of the Senate; and 

23 (B) the Committee on the Judiciary, the 

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1 mittee on Armed Services of the House of Rep2 resentatives. 

3 (2) MATTERS TO BE INCLUDED.—Each report 

4 submitted under paragraph (1) shall describe the 

5 processing of applications for refugee status required 

6 under subsection (e), including information relating 

7 to— 

8 (A) the number of aliens who have applied 

9 for refugee status under this section during 

10 each month of the preceding fiscal year; 

11 (B) the total number of applications that 

12 are pending at the end of the reporting period; 

13 (C) the average wait-times for all appli14 cants who are currently pending— 

15 (i) employment verification; 

16 (ii) a prescreening interview with a re17 settlement support center; 

18 (iii) an interview with U.S. Citizen19 ship and Immigration Services; and 

20 (iv) the completion of security checks; 

21 (D) the number of denials or rejections of 

22 applicants for refugee status, disaggregated by 

23 the reason for denial; and 

24 (E) the reasons for denials by U.S. Citi25 zenship and Immigration Services based on the 


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1 categories already made available to denied ap2 plicants for refugee status in the notification of 

3 ineligibility issued to such denied applicants by 

4 U.S. Citizenship and Immigration Services. 

5 (3) FORM.—Each report under paragraph (1) 

6 shall be submitted in unclassified form, but may in7 clude a classified annex. 

8 (4) PUBLIC REPORTS.—The Secretary of State 

9 shall make each report submitted under paragraph 

10 (1) available to the public on the internet website of 

11 the Department of State. 

12 (g) IDENTIFICATION OF OTHER PERSECUTED

13 GROUPS.—The Secretary of State, or the designee of the 

14 Secretary, is authorized to classify other groups of Syr15 ians, including vulnerable populations, as Priority 2 refu16 gees of special humanitarian concern. 

17 (h) SATISFACTION OF OTHER REQUIREMENTS.— 

18 Aliens granted status under this section as Priority 2 refu19 gees of special humanitarian concern under the refugee 

20 resettlement priority system shall be deemed to satisfy the 

21 requirements under section 207 of the Immigration and 

22 Nationality Act (8 U.S.C. 1157) for admission to the 

23 United States. 


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1 SEC. 308. SPECIAL IMMIGRANT STATUS FOR CERTAIN SYR2 IAN WHO WORKED FOR THE UNITED STATES 

3 GOVERNMENT IN SYRIA. 

4 (a) IN GENERAL.—Subject to subsection (c)(1), for 

5 purposes of the Immigration and Nationality Act (8 

6 U.S.C. 1101 et seq.), the Secretary of Homeland Security 

7 may provide any alien described in subsection (b) with the 

8 status of a special immigrant under section 101(a)(27) of 

9 such Act (8 U.S.C. 1101(a)(27)) if— 

10 (1) the alien, or an agent acting on behalf of 

11 the alien, submits a petition to the Secretary under 

12 section 204 of such Act (8 U.S.C. 1154) for classi13 fication under section 203(b)(4) of such Act (8 

14 U.S.C. 1153(b)(4)); 

15 (2) the alien is otherwise eligible to receive an 

16 immigrant visa; 

17 (3) the alien is otherwise admissible to the 

18 United States for permanent residence (excluding 

19 the grounds for inadmissibility specified in section 

20 212(a)(4) of such Act (8 U.S.C. 1182(a)(4))), ex21 cept that an applicant for admission to the United 

22 States under this section may not be deemed inad23 missible based solely on membership in, participation 

24 in, or support provided to, the Syrian Democratic 

25 Forces or other partner organizations as determined 

26 by the Secretary of Defense; and 


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1 (4) clears a background check and appropriate 

2 screening, as determined by the Secretary of Home3 land Security. 

4 (b) ALIENS DESCRIBED.—An alien described in this 

5 subsection— 

6 (1)(A) is a citizen or national of Syria or a 

7 stateless person who has habitually resided in Syria; 

8 (B) was employed by or on behalf of (including 

9 under a contract, cooperative agreement or grant) 

10 with the United States Government in Syria, for a 

11 period of at least 1 year beginning on January 1, 

12 2014; and 

13 (C) obtained a favorable written recommenda14 tion from a U.S. citizen supervisor who was in the 

15 chain of command of the United States Armed 

16 Forces unit or U.S. Government entity that was 

17 supported by the alien; or 

18 (2)(A) is the spouse or a child of a principal 

19 alien described in paragraph (1); and 

20 (B)(i) is following or accompanying to join the 

21 principal alien in the United States; or 

22 (ii) due to the death of the principal alien, a pe23 tition to follow or accompany to join the principal 

24 alien in the United States— 


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1 (I) was or would be revoked, terminated, 

2 or otherwise rendered null; and 

3 (II) would have been approved if the prin4 cipal alien had survived. 

5 (c) NUMERICAL LIMITATIONS.— 

6 (1) IN GENERAL.—Except as otherwise pro7 vided under this subsection, the total number of 

8 principal aliens who may be provided special immi9 grant status under this section may not exceed 

10 5,000 in any of the first 5 fiscal years beginning 

11 after the date of the enactment of this Act. 

12 (2) EXCLUSION FROM NUMERICAL LIMITA13 TIONS.—Aliens provided special immigrant status 

14 under this section shall not be counted against any 

15 numerical limitation under section 201(d), 202(a), 

16 or 203(b)(4) of the Immigration and Nationality Act 

17 (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). 

18 (3) CARRY FORWARD.—If the numerical limita19 tion set forth in paragraph (1) is not reached during 

20 a fiscal year, the numerical limitation under such 

21 paragraph for the following fiscal year shall be in22 creased by a number equal to the difference be23 tween— 

24 (A) the number of visas authorized under 

25 paragraph (1) for such fiscal year; and 


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1 (B) the number of principal aliens provided 

2 special immigrant status under this section dur3 ing such fiscal year. 

4 (d) VISA AND PASSPORT ISSUANCE AND FEES.—An 

5 alien described in subsection (b) may not be charged any 

6 fee in connection with an application for, or the issuance 

7 of, a special immigrant visa under this section. The Sec8 retary of State shall ensure that aliens who are issued a 

9 special immigrant visa under this section are provided 

10 with an appropriate passport necessary for admission to 

11 the United States. 

12 (e) PROTECTION OF ALIENS.—The Secretary of 

13 State, in consultation with the heads of other appropriate 

14 Federal agencies, shall make a reasonable effort to provide 

15 protection to each alien described in subsection (b) who 

16 is seeking special immigrant status under this section or 

17 to immediately remove such alien from Syria, if possible, 

18 if the Secretary determines, after consultation, that such 

19 alien is in imminent danger. 

20 (f) APPLICATION PROCESS.— 

21 (1) REPRESENTATION.—An alien applying for 

22 admission to the United States as a special immi23 grant under this section may be represented during 

24 the application process, including at relevant inter25 views and examinations, by an attorney or other acVerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210

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1 credited representative. Such representation shall 

2 not be at the expense of the United States Govern3 ment. 

4 (2) COMPLETION.— 

5 (A) IN GENERAL.—The Secretary of State 

6 and the Secretary of Homeland Security, in 

7 consultation with the Secretary of Defense, 

8 shall ensure that applications for special immi9 grant visas under this section are processed in 

10 such a manner to ensure that all steps under 

11 the control of the respective departments inci12 dental to the issuance of such visas, including 

13 required screenings and background checks, are 

14 completed not later than 9 months after the 

15 date on which an eligible alien submits all re16 quired materials to apply for such visa. 

17 (B) RULE OF CONSTRUCTION.—Notwith18 standing subparagraph (A), any Secretary re19 ferred to in such subparagraph may take longer 

20 than 270 days to complete the steps incidental 

21 to issuing a visa under this section if the Sec22 retary, or the designee of the Secretary— 

23 (i) determines that the satisfaction of 

24 national security concerns requires addi25 tional time; and 


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1 (ii) notifies the applicant of such de2 termination. 

3 (3) APPEAL.—An alien whose petition for sta4 tus as a special immigrant is rejected or revoked— 

5 (A) shall receive a written decision that 

6 provides, to the maximum extent feasible, infor7 mation describing the basis for the denial, in8 cluding the facts and inferences underlying the 

9 individual determination; and 

10 (B) shall be provided not more than 1 

11 written appeal per rejection or denial, which— 

12 (i) shall be submitted not more than 

13 120 days after the date on which the appli14 cant receives a decision pursuant to sub15 paragraph (A); 

16 (ii) may request the reopening of such 

17 decision; and 

18 (iii) shall provide additional informa19 tion, clarify existing information, or ex20 plain any unfavorable information. 

21 (g) ELIGIBILITY FOR OTHER IMMIGRANT CLASSI22 FICATION.—An alien may not be denied the opportunity 

23 to apply for admission under this section solely because 

24 such alien— 


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1 (1) qualifies as an immediate relative of a na2 tional of the United States; or 

3 (2) is eligible for admission to the United 

4 States under any other immigrant classification. 

5 (h) RESETTLEMENT SUPPORT.—An alien who is 

6 granted special immigrant status under this section shall 

7 be eligible for the same resettlement assistance, entitle8 ment programs, and other benefits as is available to refu9 gees admitted under section 207 of the Immigration and 

10 Naturalization Act (8 U.S.C. 1157). 

11 (i) AUTHORITY TO CARRY OUT ADMINISTRATIVE

12 MEASURES.—The Secretary of Homeland Security, the 

13 Secretary of State, and the Secretary of Defense shall im14 plement any additional administrative measures as they 

15 consider necessary and appropriate— 

16 (1) to ensure the prompt processing of applica17 tions under this section; 

18 (2) to preserve the integrity of the program es19 tablished under this section; and 

20 (3) to protect the national security interests of 

21 the United States related to such program. 

22 (j) RULEMAKING.—Not later than 90 days after the 

23 date of the enactment of this Act, the Secretary of Home24 land Security, in consultation with the Secretary of De25 fense, shall promulgate regulations to carry out this secVerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210

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1 tion, including establishing requirements for background 

2 checks. 

3 (k) SAVINGS PROVISION.—Nothing in this section 

4 may be construed to affect the authority of the Secretary 

5 of Homeland Security under section 1059 of the National 

6 Defense Authorization Act for Fiscal Year 2006 (Public 

7 Law 109–163; 8 U.S.C. 1101 note). 

8 SEC. 309. SPECIAL IMMIGRANT STATUS REPORTING RE9 QUIREMENT. 

10 (a) IN GENERAL.—Not later than January 30 each 

11 year, the Inspector General of the Department of State 

12 shall submit an report on the implementation of the Syr13 ian special immigrant status program under section 308 

14 for the preceding calendar year to— 

15 (1) the Committee on Judiciary, the Committee 

16 on Foreign Relations, and the Committee on Armed 

17 Services of the Senate; and 

18 (2) the Committee on Judiciary, the Committee 

19 on Foreign Relations, and the Committee on Armed 

20 Services of the House of Representatives. 

21 (b) MATTERS TO BE INCLUDED.—Each report sub22 mitted under subsection (a) shall include, for the applica23 ble calendar year, the following: 

24 (1) The number of petitions filed under such 

25 program. 


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1 (2) The number of such petitions pending adju2 dication. 

3 (3) The number of such petitions pending visa 

4 interview. 

5 (4) The number of such petitions pending secu6 rity checks. 

7 (5) The number of such petitions that were de8 nied. 

9 (6) The number of cases under such program 

10 that have exceeded the mandated processing time 

11 and relevant case numbers. 

12 (7) A description of any obstacle discovered 

13 that would hinder effective implementation of such 

14 program. 

15 (c) CONSULTATION.—In preparing a report under 

16 subsection (a), the Inspector General shall consult with— 

17 (1) the Department of State, Bureau of Con18 sular Affairs, Visa Office; 

19 (2) the Department of State, Bureau of Near 

20 Eastern Affairs and South and Central Asian Af21 fairs, Executive Office; 

22 (3) the Department of Homeland Security, U.S. 

23 Citizenship and Immigration Services; 

24 (4) the Department of Defense; and 


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1 (5) nongovernmental organizations providing 

2 legal aid in the special immigrant visa application 

3 process. 

4 (d) FORM.—Each report submitted under subsection 

5 (a) shall be submitted in unclassified form, but may in6 clude a classified annex. 

7 (e) PUBLICATION.—Each report submitted under this 

8 section shall be made available to the public on the inter9 net website of the Department of State. 

10 SEC. 310. PROCESSING MECHANISMS. 

11 The Secretary of State shall use existing refugee 

12 processing mechanisms in Iraq and in other countries, as 

13 appropriate, in the region in which— 

14 (1) aliens described in section 307(a) may apply 

15 and interview for admission to the United States as 

16 refugees; and 

17 (2) aliens described in section 308(b) may apply 

18 and interview for admission to the United States as 

19 special immigrants. 

20 TITLE IV—GENERAL 

21 PROVISIONS 

22 SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums 

24 as may be necessary to carry out this Act, and the amend25 ments made by this Act. 


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1 SEC. 402. DETERMINATION OF BUDGETARY EFFECTS. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go Act of 2010 

4 (Public Law 111–139), shall be determined by reference 

5 to the latest statement titled ‘‘Budgetary Effects of 

6 PAYGO Legislation’’ for this Act, jointly submitted for 

7 printing in the Congressional Record by the Chairmen of 

8 the Senate Budget Committee, provided that such state9 ment has been submitted prior to the vote on passage. 

Æ 


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