I 

117TH CONGRESS 

1ST SESSION H. R. 1630 

To designate residents of the Xinjiang Uyghur Autonomous Region as Priority 

2 refugees of special humanitarian concern, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2021 

Mr. DEUTCH (for himself, Mr. DIAZ-BALART, Ms. WEXTON, and Mr. SMITH

of New Jersey) introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committee on 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 designate residents of the Xinjiang Uyghur Autonomous 

Region as Priority 2 refugees of special humanitarian 

concern, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Uyghur Human Rights 

5 Protection Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) The Government of the People’s Republic of 

2 China has a long history of repressing Turkic Mus3 lims and other Muslim minority groups, particularly 

4 Uyghurs, in Xinjiang Uyghur Autonomous Region 

5 (‘‘Xinjiang’’ or ‘‘XUAR’’), also known as East 

6 Turkestan. Central and regional Chinese government 

7 policies have systematically discriminated against 

8 these minority groups by denying them a range of 

9 civil and political rights, particularly freedom of reli10 gion. 

11 (2) In May 2014, the Government of the Peo12 ple’s Republic of China launched its latest ‘‘Strike 

13 Hard Against Violent Extremism’’ campaign, using 

14 wide-scale, internationally linked threats of terrorism 

15 as a pretext to justify pervasive restrictions on and 

16 serious human rights violations against members of 

17 ethnic minority communities in Xinjiang. The Au18 gust 2016 appointment of former Tibet Autonomous 

19 Region Party Secretary Chen Quanguo to be Party 

20 Secretary of the XUAR accelerated the crackdown 

21 across the region. Scholars, human rights organiza22 tions, journalists, and think tanks have provided 

23 ample evidence substantiating the establishment by 

24 the Government of the People’s Republic of China of 

25 internment camps. Since 2017, the Government of 


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1 the People’s Republic of China has detained more 

2 than 1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, 

3 and members of other Muslim minority groups in 

4 these camps. The total ethnic minority population of 

5 Xinjiang Uyghur Autonomous Region was approxi6 mately 13,000,000 at the time of the last census 

7 conducted by the People’s Republic of China in 

8 2010. 

9 (3) The Government of the People’s Republic of 

10 China’s actions against Uyghurs, ethnic Kazakhs, 

11 Kyrgyz, and members of other Muslim minority 

12 groups in Xinjiang violate international human 

13 rights laws and norms, including— 

14 (A) the International Convention on the 

15 Elimination of All Forms of Racial Discrimina16 tion, to which the People’s Republic of China 

17 has acceded; 

18 (B) the Convention against Torture and 

19 Other Cruel, Inhuman or Degrading Treatment 

20 or Punishment, which the People’s Republic of 

21 China has signed and ratified; 

22 (C) The Convention on the Prevention and 

23 Punishment of the Crime of Genocide, which 

24 the People’s Republic of China has signed and 

25 ratified; 


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1 (D) the International Covenant on Civil 

2 and Political Rights, which the People’s Repub3 lic of China has signed; and 

4 (E) the Universal Declaration of Human 

5 Rights and the International Labor Organiza6 tion’s Force Labor Convention (no. 29) and the 

7 Abolition of Forced Labor Convention (no. 

8 105). 

9 (4) Senior Chinese Communist Party officials 

10 bear direct responsibility for gross human rights vio11 lations committed against Uyghurs, ethnic Kazakhs, 

12 Kyrgyz, and members of other Muslim minority 

13 groups. These abuses include the arbitrary detention 

14 of more than 1,000,000 Uyghurs, ethnic Kazakhs, 

15 Kyrgyz, and members of other Muslim minority 

16 groups, separation of working age adults from their 

17 children and elderly parents, and the integration of 

18 forced labor into supply chains. 

19 (5) Those held in detention facilities and intern20 ment camps in the Xinjiang Uyghur Autonomous 

21 Region have described forced political indoctrination, 

22 torture, beatings, food deprivation, sexual assault, 

23 coordinated campaigns to reduce birth rates among 

24 Uyghurs and other Turkic Muslims through forced 

25 sterilization, and denial of religious, cultural, and 


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1 linguistic freedoms. These victims have confirmed 

2 they were told by guards that the only way to secure 

3 their release was to demonstrate adequate political 

4 loyalty. Poor conditions and lack of medical treat5 ment at such facilities appear to have contributed to 

6 the deaths of some detainees, including the elderly 

7 and infirm. Recent media reports indicate that since 

8 2019 the Government of the People’s Republic of 

9 China has newly constructed, expanded, or fortified 

10 at least 60 detention facilities with higher security 

11 or prison-like features. 

12 (6) In September 2018, United Nations High 

13 Commissioner for Human Rights Michelle Bachelet 

14 noted ‘‘the deeply disturbing allegations of large15 scale arbitrary detentions of Uighurs and other Mus16 lim communities, in so-called reeducation camps 

17 across Xinjiang’’. 

18 (7) In 2019, the Congressional-Executive Com19 mission on China concluded that, based on available 

20 evidence, the establishment and actions committed in 

21 the internment camps in Xinjiang Uyghur Autono22 mous Region may constitute ‘‘crimes against human23 ity’’. 

24 (8) Uyghurs and ethnic Kazaks resettled or re25 siding in third countries report being subjected to 


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1 threats and harassment from People’s Republic of 

2 China officials. 

3 (9) There is a backlog of approximately 3.6 mil4 lion visa applicants waiting to enter the United 

5 States. Wait times for certain visas are between 5 

6 and 18 years. 

7 SEC. 3. DESIGNATION OF CERTAIN RESIDENTS OF THE 

8 XINJIANG UYGHUR AUTONOMOUS REGION. 

9 (a) IN GENERAL.—Persons of special humanitarian 

10 concern eligible for Priority 2 processing under the refugee 

11 resettlement priority system shall include the following: 

12 (1) Individuals who are residents of or fled the 

13 Xinjiang Uyghur Autonomous Region who suffered 

14 persecution or have a well-founded fear of persecu15 tion on account of their peaceful expression of polit16 ical opinions, religious or cultural beliefs, or peaceful 

17 participation in political, religious, or cultural activi18 ties or associations. 

19 (2) Individuals residing in other provinces of 

20 China, or individuals not firmly resettled in third 

21 countries, who fled the Xinjiang Uyghur Autono22 mous Region because of the causes described in 

23 paragraph (1). 

24 (3) Individuals who have been formally charged, 

25 detained, or convicted on account of their peaceful 


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1 actions as described in the Uyghur Human Rights 

2 Policy Act of 2020 (Public Law 116–145). 

3 (4) The spouses, children, and parents (as such 

4 terms are defined in subsections (a) and (b) of sec5 tion 101 of the Immigration and Nationality Act (8 

6 U.S.C. 1101)) of individuals described in paragraph 

7 (1), (2), or (3), except such parents who are citizens 

8 of a country other than the People’s Republic of 

9 China. 

10 (b) PROCESSING OF XINJIANG UYGHUR AUTONO11 MOUS REGION REFUGEES.—The processing of individuals 

12 described in subsection (a) for classification as refugees 

13 may occur in China or in a third country. 

14 (c) ELIGIBILITY FOR ADMISSION AS REFUGEES.—An 

15 alien may not be denied the opportunity to apply for ad16 mission as a refugee under this section primarily because 

17 such alien— 

18 (1) qualifies as an immediate relative of a cit19 izen of the United States; or 

20 (2) is eligible for admission to the United 

21 States under any other immigrant classification. 

22 (d) FACILITATION OF ADMISSIONS.—Certain appli23 cants for admission to the United States from the 

24 Xinjiang Uyghur Autonomous Region, as described in sub25 section (a), may not be denied primarily on the basis of 


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1 a politically, religiously, or culturally motivated arrest, de2 tention, or other adverse government action taken against 

3 such applicant as a result of the participation by such ap4 plicant in protest activities. 

5 (e) EXCLUSION FROM NUMERICAL LIMITATIONS.— 

6 Aliens provided refugee status under this section shall not 

7 be counted against any numerical limitation under section 

8 201, 202, 203, or 207 of the Immigration and Nationality 

9 Act ( 8 U.S.C. 1151, 1152, 1153, or 1157). 

10 (f) PRIORITY.—The Secretary of State shall prioritize 

11 bilateral diplomacy with third countries hosting former 

12 residents from the Xinjiang Uyghur Autonomous Region, 

13 as described in subsection (a), and who face significant 

14 diplomatic pressure from the Government of the People’s 

15 Republic of China. 

16 (g) REPORTING REQUIREMENTS.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of the enactment of this Act, and 

19 every 90 days thereafter, the Secretary of State and 

20 the Secretary of Homeland Security shall submit a 

21 report on the matters described in paragraph (2) 

22 to— 

23 (A) the Committee on the Judiciary and 

24 the Committee on Foreign Relations of the Sen25 ate; and 


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1 (B) the Committee on the Judiciary and 

2 the Committee on Foreign Affairs of the House 

3 of Representatives. 

4 (2) MATTERS TO BE INCLUDED.—Each report 

5 required by paragraph (1) shall include— 

6 (A) the total number of applications that 

7 are pending at the end of the reporting period; 

8 (B) the average wait-times and number of 

9 applicants who are currently pending— 

10 (i) a pre-screening interview with a re11 settlement support center; 

12 (ii) an interview with U.S. Citizenship 

13 and Immigration Services; 

14 (iii) the completion of security checks; 

15 and 

16 (iv) receipt of a final decision after 

17 completion of an interview with U.S. Citi18 zenship and Immigration Services; and 

19 (C) the number of denials of applications 

20 for refugee status, disaggregated by the reason 

21 for each such denial. 

22 (3) FORM.—Each report required by paragraph 

23 (1) shall be submitted in unclassified form, but may 

24 include a classified annex. 


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1 (4) PUBLIC REPORTS.—The Secretary of State 

2 shall make each report submitted under this sub3 section available to the public on the internet website 

4 of the Department of State. 

5 (h) SATISFACTION OF OTHER REQUIREMENTS.— 

6 Aliens eligible under this section for Priority 2 processing 

7 under this section as Priority 2 refugees of special human8 itarian concern under the refugee resettlement priority 

9 system shall be considered to satisfy the requirements 

10 under section 207 of the Immigration and Nationality Act 

11 (8 U.S.C. 1157) for admission to the United States. 

12 SEC. 4. WAIVER OF IMMIGRANT STATUS PRESUMPTION. 

13 (a) IN GENERAL.—The presumption under the first 

14 sentence of section 214(b) of the Immigration and Nation15 ality Act (8 U.S.C. 1184(b)) that every alien is an immi16 grant until the alien establishes that the alien is entitled 

17 to nonimmigrant status shall not apply to an alien de18 scribed in subsection (b). 

19 (b) ALIEN DESCRIBED.— 

20 (1) IN GENERAL.—An alien described in this 

21 paragraph is an alien who— 

22 (A) on January 1, 2021, is a resident of 

23 the Xinjiang Special Administrative Region; 

24 (B) fled the Xinjiang Special Administra25 tive Region after June 30, 2009, and now reVerDate Sep 11 2014 04:53 Apr 30, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1630.IH H1630

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1 sides in a different province of China or third 

2 country; 

3 (C) is seeking entry to the United States 

4 to apply for asylum under section 208 of the 

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

6 1158); and 

7 (D) is facing repression in the Xinjiang 

8 Uyghur Autonomous Region by the Government 

9 of the People’s Republic of China including— 

10 (i) forced and arbitrary detention in11 cluding in internment and so-called re-edu12 cation camps; 

13 (ii) forced political indoctrination, tor14 ture, beatings, food deprivation, and denial 

15 of religious, cultural, and linguistic free16 doms; 

17 (iii) forced labor; 

18 (iv) forced separation from family 

19 members; or 

20 (v) other forms of systemic threats, 

21 harassment, and gross human rights viola22 tions. 

23 (2) EXCLUSION.—An alien described in this 

24 paragraph does not include any alien who— 


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1 (A) is a citizen or permanent resident of a 

2 country other than the People’s Republic of 

3 China; or 

4 (B) is determined to have committed a 

5 gross violation of human rights. 

6 (c) INTENTION TO ABANDON FOREIGN RESI7 DENCE.—The fact that an alien described in this section 

8 is or was the beneficiary of an application for refugee sta9 tus, or is seeking entry to the United States to apply for 

10 asylum under section 208 of the Immigration and Nation11 ality Act (8 U.S.C. 1158), shall not constitute evidence 

12 of an intention to abandon a foreign residence for pur13 poses of obtaining or maintaining the status of a non14 immigrant described in section 101(a)(15) of the Immi15 gration and Nationality Act (8 U.S.C. 1101(a)(15)). 

16 SEC. 5. REFUGEE AND ASYLUM DETERMINATIONS UNDER 

17 THE IMMIGRATION AND NATIONALITY ACT. 

18 (a) PERSECUTION ON ACCOUNT OF POLITICAL, RE19 LIGIOUS, OR CULTURAL EXPRESSION OR ASSOCIATION.— 

20 (1) IN GENERAL.—In the case of an alien who 

21 is within a category of aliens established under this 

22 Act, the alien may establish, for purposes of section 

23 3(a)(1) of this Act, that the alien has a well-founded 

24 fear of persecution on account of race, religion, na25 tionality, membership in a particular social group, or 


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1 political opinion by asserting such a fear and assert2 ing a credible basis for concern about the possibility 

3 of such persecution. 

4 (2) NATIONALS OF THE PEOPLE’S REPUBLIC OF

5 CHINA.—For purposes of refugee determinations 

6 under this Act in accordance with section 207 of the 

7 Immigration and Nationality Act (8 U.S.C. 1157), a 

8 national of the People’s Republic of China whose 

9 residency in the Xinjiang Uyghur Autonomous Re10 gion, or any other area within the jurisdiction of the 

11 People’s Republic of China, as determined by the 

12 Secretary of State, is revoked for having submitted 

13 to any United States Government agency a nonfrivo14 lous application for refugee status, asylum, or any 

15 other immigration benefit under the immigration 

16 laws shall be considered to have suffered persecution 

17 on account of political opinion. 

18 (b) CHANGED CIRCUMSTANCES.—For purposes of 

19 asylum determinations under this Act in accordance with 

20 section 208 of the Immigration and Nationality Act (8 

21 U.S.C. 1158), the revocation of the citizenship, nation22 ality, or residency of an individual for having submitted 

23 to any United States Government agency a nonfrivolous 

24 application for refugee status, asylum, or any other immi25 gration benefit under the immigration laws shall be conVerDate Sep 11 2014 04:53 Apr 30, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1630.IH H1630

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1 sidered to be a changed circumstance under subsection 

2 (a)(2)(D) of that section. 

3 (c) DEFINITION.—For purposes of this section, the 

4 term ‘‘immigration laws’’ has the meaning given such term 

5 in section 101(a)(17) of the Immigration and Nationality 

6 Act (8 U.S.C. 1101(a)(17)). 

7 SEC. 6. STATEMENT OF POLICY ON ENCOURAGING ALLIES 

8 AND PARTNERS TO MAKE SIMILAR ACCOM9 MODATIONS. 

10 It is the policy of the United States to encourage al11 lies and partners of the United States to make accom12 modations similar to the accommodations made in this Act 

13 for residents of the Xinjiang Uyghur Autonomous Region 

14 who are fleeing oppression by the Government of the Peo15 ple’s Republic of China. 

16 SEC. 7. TERMINATION. 

17 This Act, and the amendments made by this Act, 

18 shall cease to have effect on the date that is 10 years after 

19 the date of the enactment of this Act. 

Æ 


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