I 

116TH CONGRESS 

2D SESSION H. R. 7053 

To defer removal of certain nationals of Vietnam for a 24-month period, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 28, 2020 

Mr. LOWENTHAL (for himself, Ms. NORTON, Mr. CORREA, Mr. KHANNA, Mr. 

ROUDA, Mr. VARGAS, Ms. LEE of California, Mr. JOHNSON of Georgia, 

and Mr. CONNOLLY) introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL 

To defer removal of certain nationals of Vietnam for a 24- 

month period, 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 ‘‘Honor Our Commit5 ment Act of 2020’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

8 (1) From April–September 1975, the United 

9 States conducted Operation New Arrival to relocate 


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1 130,000 Vietnamese refugees to the United States 

2 following the end of the Vietnam War. 

3 (2) During this time, more than 50,000 Viet4 namese refugees were processed through Camp Pen5 dleton for Southern California. 

6 (3) In the 4 decades since refugees fled Viet7 nam, Vietnamese Americans have weaved their sto8 ries into the American fabric. 

9 (4) The biggest concentration of Vietnamese 

10 American is in Orange County, California, followed 

11 by San Jose (California), Houston (Texas), Seattle 

12 (Washington), Northern Virginia, and New Orleans 

13 (Louisiana). 

14 (5) According to the 2010 census, Vietnamese 

15 is the 6th most commonly spoken language in the 

16 United States. 

17 (6) Immigrant communities face significant 

18 problems assimilating as a result of the trauma of 

19 war. A 2018 study published by Rashmi Gangamma 

20 and Daran Shipman in the Journal of Marital and 

21 Family Therapy noted that ‘‘the traumatic nature of 

22 (immigrant’s) forced displacement flight, and reset23 tlement can increase vulnerability to mental dis24 tress.’’. First generation immigrants are especially 

25 vulnerable to gang violence within communities in 


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1 which their parents cannot guide with cultural or po2 litical comfortability. 

3 (7) In 2008, the United States and Vietnam 

4 signed a bilateral repatriation agreement, hereafter 

5 known as the 2008 Vietnam-U.S. Memorandum of 

6 Understanding (MOU). 

7 (8) According to Section 2, Article 2 of the 

8 2008 Vietnam-U.S. MOU, ‘‘Vietnamese citizens are 

9 not subject to return to Vietnam under this Agree10 ment if they arrived in the United States before July 

11 12, 1995, the date on which diplomatic relations 

12 were re-established between the U.S. Government 

13 and the Vietnamese Government. The U.S. Govern14 ment and the Vietnamese Government maintain 

15 their respective legal positions relative to Vietnamese 

16 citizens who departed Vietnam for the United States 

17 prior to that date’’. 

18 (9) The United States under President George 

19 Bush and President Barack Obama recognized the 

20 2008 Vietnam-U.S. MOU’s protection for pre-1995 

21 refugees from deportation. 

22 (10) In 2019, President Trump’s Administra23 tion began to renegotiate the 2008 Vietnam-U.S. 

24 MOU to expand the categories of immigrants it 

25 could deport, including permanent residents who 


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1 have committed certain minor crimes and others who 

2 came to the United States as children after the Viet3 nam War. 

4 (11) In February 2018, Asian Americans Ad5 vancing Justice’s Asian Law Caucus in San Fran6 cisco, Los Angeles, and Atlanta filed a class action 

7 lawsuit in the name of Orange County resident 

8 Hoang Trinh and six other refugees who all came to 

9 the U.S. before the 1995 date and became legal per10 manent residents. Due to criminal convictions, they 

11 all lost their green cards, making them subject to 

12 deportation. Under the 2008 Vietnam-U.S. MOU, 

13 they should be protected from deportation. The refu14 gees were held in prolonged detention in violation of 

15 a 2001 U.S. Supreme Court decision restricting 

16 overlong detention. 

17 (12) In August 2018, U.S. District Judge 

18 Cormac Carney ruled that the plaintiffs in the class 

19 action presented a plausible claim that the govern20 ment is now not abiding by a ‘‘longstanding practice 

21 of not removing pre-1995 Vietnamese immigrants 

22 and by the 2008 diplomatic agreement.’’. 


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1 SEC. 3. DEFERRAL OF REMOVAL FOR NATIONALS OF VIET2 NAM WITH REMOVAL ORDERS. 

3 (a) DEFERRAL OF REMOVAL.—Except as provided in 

4 subsection (b), an alien may not be removed for the 24- 

5 month period beginning on the date of enactment of this 

6 Act if the alien— 

7 (1) is a national of Vietnam; 

8 (2) has been ordered removed to Vietnam at 

9 any time before the date of enactment of this Act; 

10 and 

11 (3) resided in the United States on or before 

12 July 12, 1995. 

13 (b) DEFERRAL NOT APPLICABLE TO CERTAIN

14 ALIENS.—Subsection (a) shall not apply to an alien if— 

15 (1) the Secretary of Homeland Security deter16 mines that the alien’s removal is necessary based 

17 upon credible facts that the alien is directly respon18 sible for specific and significant harm to the security 

19 of the United States; or 

20 (2) the alien is subject to extradition. 

21 (c) EMPLOYMENT AUTHORIZATION.—Upon applica22 tion to the Secretary of Homeland Security, an alien 

23 whose removal is deferred pursuant to this Act— 

24 (1) shall be authorized to engage in employ25 ment during the 24-month period described in sub26 section (a); and 


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1 (2) shall be issued an employment authorization 

2 document that remains valid during such period. 

3 (d) IMPLEMENTATION.—The Secretary of Homeland 

4 Security shall take the necessary steps to implement— 

5 (1) the deferral of removal authorized under 

6 this section; and 

7 (2) the authorization of employment described 

8 in subsection (c). 

9 SEC. 4. NOTICE FOR CERTAIN ALIENS WITH REMOVAL OR10 DERS TO VIETNAM. 

11 (a) IN GENERAL.—Not later than 60 days after the 

12 date of enactment of this Act, the Secretary of Homeland 

13 Security shall provide notice of the provisions of this Act 

14 to each alien who— 

15 (1) is a national of Vietnam; and 

16 (2) has a final order of removal. 

17 (b) CONTENTS OF NOTICE.—The notice required 

18 under subsection (a) shall include clear instructions ex19 plaining the requirements for an alien to file a motion to 

20 reopen a proceeding under section 240 of the Immigration 

21 and Nationality Act (8 U.S.C. 1229a) based on changed 

22 country conditions. 

23 SEC. 5. PROHIBITION ON DETENTION. 

24 The Secretary of Homeland Security may not detain 

25 an alien whose removal is deferred pursuant to this Act 


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1 on the basis of the alien’s immigration status in the 

2 United States or as a result of a motion filed by the alien 

3 to reopen a proceeding under section 240 of the Immigra4 tion and Nationality Act (8 U.S.C. 1229a). 

5 SEC. 6. JUDICIAL REVIEW. 

6 (a) REVIEW.—Notwithstanding any other provision 

7 of law, an individual or entity who has been harmed by 

8 a violation of this Act may file an action in an appropriate 

9 district court of the United States to seek declaratory or 

10 injunctive relief. 

11 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

12 may be construed to preclude an action filed pursuant to 

13 subsection (a) from proceeding as a class action (as such 

14 term is defined in section 1711 of title 28, United States 

15 Code). 

Æ 


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