I 

112TH CONGRESS 

1ST SESSION H. R. 2185 

To amend the Immigration and Nationality Act to reaffirm the United States’ 

historic commitment to protecting refugees who are fleeing persecution 

or torture. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2011 

Ms. ZOE LOFGREN of California (for herself and Mr. CONYERS) introduced 

the following bill; which was referred to the Committee on the Judiciary, 

and in addition to the Committees on Ways and Means and the Budget, 

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 amend the Immigration and Nationality Act to reaffirm 

the United States’ historic commitment to protecting 

refugees who are fleeing persecution or torture. 

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; TABLE OF CONTENTS. 

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

5 ‘‘Refugee Protection Act of 2011’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Elimination of time limits on asylum applications. 

Sec. 4. Protecting victims of terrorism from being defined as terrorists. 

Sec. 5. Protecting certain vulnerable groups of asylum seekers. 

Sec. 6. Effective adjudication of proceedings. 

Sec. 7. Scope and standard for review. 

Sec. 8. Efficient asylum determination process. 

Sec. 9. Secure Alternatives Program. 

Sec. 10. Conditions of detention. 

Sec. 11. Timely notice of immigration charges. 

Sec. 12. Procedures for ensuring accuracy and verifiability of sworn statements 

taken pursuant to expedited removal authority. 

Sec. 13. Study on the effect of expedited removal provisions, practices, and procedures on asylum claims. 

Sec. 14. Refugee opportunity promotion. 

Sec. 15. Protections for minors seeking asylum. 

Sec. 16. Legal assistance for refugees and asylees. 

Sec. 17. Protection of stateless persons in the United States. 

Sec. 18. Authority to designate certain groups of refugees for consideration. 

Sec. 19. Multiple forms of relief. 

Sec. 20. Protection of refugee families. 

Sec. 21. Reform of refugee consultation process. 

Sec. 22. Admission of refugees in the absence of the annual presidential determination. 

Sec. 23. Update of reception and placement grants. 

Sec. 24. Protection for aliens interdicted at sea. 

Sec. 25. Modification of physical presence requirements for aliens serving as 

translators. 

Sec. 26. Assessment of the Refugee Domestic Resettlement Program. 

Sec. 27. Refugee assistance. 

Sec. 28. Resettlement data. 

Sec. 29. Protections for refugees. 

Sec. 30. Extension of eligibility period for Social Security benefits for certain 

refugees. 

Sec. 31. Authorization of appropriations. 

Sec. 32. Determination of budgetary effects. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ASYLUM SEEKER.—The term ‘‘asylum seek4 er’’— 

5 (A) means— 

6 (i) any applicant for asylum under 

7 section 208 of the Immigration and Na8 tionality Act (8 U.S.C. 1158); 


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1 (ii) any alien who indicates an inten2 tion to apply for asylum under that sec3 tion; and 

4 (iii) any alien who indicates an inten5 tion to apply for withholding of removal, 

6 pursuant to— 

7 (I) section 241 of the Immigra8 tion and Nationality Act (8 U.S.C. 

9 1231); or 

10 (II) the Convention Against Tor11 ture and Other Cruel, Inhuman or 

12 Degrading Treatment or Punishment, 

13 done at New York December 10, 

14 1984; 

15 (B) includes any individual described in 

16 subparagraph (A) whose application for asylum 

17 or withholding of removal is pending judicial re18 view; and 

19 (C) does not include an individual with re20 spect to whom a final order denying asylum and 

21 withholding of removal has been entered if such 

22 order is not pending judicial review. 

23 (2) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Homeland Security. 


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1 SEC. 3. ELIMINATION OF TIME LIMITS ON ASYLUM APPLI2 CATIONS. 

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

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

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

6 Secretary of Homeland Security’’ after ‘‘Attorney 

7 General’’ each place such term appears; 

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

9 (3) by redesignating subparagraph (C) as sub10 paragraph (B); 

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

12 striking ‘‘subparagraph (D)’’ and inserting ‘‘sub13 paragraphs (C) and (D)’’; and 

14 (5) by inserting after subparagraph (B), as re15 designated, the following: 

16 ‘‘(C) CHANGED CIRCUMSTANCES.—Not17 withstanding subparagraph (B), an application 

18 for asylum of an alien may be considered if the 

19 alien demonstrates, to the satisfaction of the 

20 Attorney General, the existence of changed cir21 cumstances that materially affect the appli22 cant’s eligibility for asylum. 

23 ‘‘(D) MOTION TO REOPEN ASYLUM

24 CLAIM.—Notwithstanding subparagraph (B) or 

25 section 240(c)(7), an alien may file a motion to 

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1 riod beginning on the date of the enactment of 

2 the Refugee Protection Act of 2011 if the 

3 alien— 

4 ‘‘(i) was denied asylum based solely 

5 upon a failure to meet the 1-year applica6 tion filing deadline in effect on the date on 

7 which the application was filed; 

8 ‘‘(ii) was granted withholding of re9 moval to the alien’s country of nationality 

10 (or, if stateless, to the country of last ha11 bitual residence under section 241(b)(3)); 

12 ‘‘(iii) has not obtained lawful perma13 nent residence in the United States pursu14 ant to any other provision of law; 

15 ‘‘(iv) is not subject to the safe third 

16 country exception in section 208(a)(2)(A) 

17 or a bar to asylum under section 208(b)(2) 

18 and should not be denied asylum as a mat19 ter of discretion; and 

20 ‘‘(v) is physically present in the 

21 United States when the motion is filed.’’. 


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1 SEC. 4. PROTECTING VICTIMS OF TERRORISM FROM BEING 

2 DEFINED AS TERRORISTS. 

3 (a) TERRORIST ACTIVITIES.—Section 212(a)(3)(B) 

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

5 1182(a)(3)(B)) is amended to read as follows: 

6 ‘‘(B) TERRORIST ACTIVITIES.— 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in clause (ii) and subsection 

9 (d)(3)(B)(i), an alien is inadmissible if— 

10 ‘‘(I) the alien has engaged in a 

11 terrorist activity; 

12 ‘‘(II) a consular officer, the At13 torney General, or the Secretary of 

14 Homeland Security knows, or has rea15 sonable ground to believe, that the 

16 alien is engaged, or is likely to engage 

17 after entry, in any terrorist activity; 

18 ‘‘(III) the alien has, under cir19 cumstances indicating an intention to 

20 cause death or serious bodily harm, 

21 incited terrorist activity; 

22 ‘‘(IV) the alien is a representa23 tive of— 

24 ‘‘(aa) a terrorist organiza25 tion; or 


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1 ‘‘(bb) a political, social, or 

2 other group that endorses or es3 pouses terrorist activity; 

4 ‘‘(V) the alien is a member of a 

5 terrorist organization; 

6 ‘‘(VI) the alien endorses or es7 pouses terrorist activity or persuades 

8 others to endorse or espouse terrorist 

9 activity or support a terrorist organi10 zation; 

11 ‘‘(VII) the alien has received 

12 military-type training (as defined in 

13 section 2339D(c)(1) of title 18, 

14 United States Code) from, or on be15 half of, any organization that, at the 

16 time the training was received, was a 

17 terrorist organization; or 

18 ‘‘(VIII) the alien is an officer, of19 ficial, representative, or spokesman of 

20 the Palestine Liberation Organization. 

21 ‘‘(ii) EXCEPTIONS.— 

22 ‘‘(I) LACK OF KNOWLEDGE.— 

23 Clause (i)(V) shall not apply to an 

24 alien who is a member of a terrorist 

25 organization described in clause 


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1 (iii)(V)(cc) if the alien demonstrates 

2 by clear and convincing evidence that 

3 the alien did not know, and should not 

4 reasonably have known, that the orga5 nization was a terrorist organization. 

6 ‘‘(II) DURESS.—Clause (i)(VII) 

7 and items (dd) through (ff) of clause 

8 (iii)(I) shall not apply to an alien who 

9 establishes that his or her actions giv10 ing rise to inadmissibility under such 

11 clause were committed under duress 

12 and the alien does not pose a threat 

13 to the security of the United States. 

14 In determining whether the alien was 

15 subject to duress, the Secretary of 

16 Homeland Security may consider, 

17 among relevant factors, the age of the 

18 alien at the time such actions were 

19 committed. 

20 ‘‘(iii) DEFINITIONS.—In this section: 

21 ‘‘(I) ENGAGE IN TERRORIST AC22 TIVITY.—The term ‘engage in ter23 rorist activity’ means, in an individual 

24 capacity or as a member of an organi25 zation— 


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1 ‘‘(aa) to commit or to incite 

2 to commit, under circumstances 

3 indicating an intention to cause 

4 death or serious bodily injury, a 

5 terrorist activity; 

6 ‘‘(bb) to prepare or plan a 

7 terrorist activity; 

8 ‘‘(cc) to gather information 

9 on potential targets for terrorist 

10 activity; 

11 ‘‘(dd) to solicit funds or 

12 other things of value for— 

13 ‘‘(AA) a terrorist activ14 ity; 

15 ‘‘(BB) a terrorist orga16 nization described in item 

17 (aa) or (bb) of clause 

18 (iii)(V); or 

19 ‘‘(CC) a terrorist orga20 nization described in clause 

21 (iii)(V)(cc), unless the solic22 itor can demonstrate by 

23 clear and convincing evi24 dence that he or she did not 

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1 sonably have known, that 

2 the organization was a ter3 rorist organization; 

4 ‘‘(ee) to solicit any indi5 vidual— 

6 ‘‘(AA) to engage in con7 duct otherwise described in 

8 this subsection; 

9 ‘‘(BB) for membership 

10 in a terrorist organization 

11 described in item (aa) or 

12 (bb) of clause (iii)(V); or 

13 ‘‘(CC) for membership 

14 in a terrorist organization 

15 described in clause 

16 (iii)(V)(cc) unless the solic17 itor can demonstrate by 

18 clear and convincing evi19 dence that he or she did not 

20 know, and should not rea21 sonably have known, that 

22 the organization was a ter23 rorist organization; or 

24 ‘‘(ff) to commit an act that 

25 the actor knows, or reasonably 


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1 should know, affords material 

2 support, including a safe house, 

3 transportation, communications, 

4 funds, transfer of funds or other 

5 material financial benefit, false 

6 documentation or identification, 

7 weapons (including chemical, bio8 logical, or radiological weapons), 

9 explosives, or training— 

10 ‘‘(AA) for the commis11 sion of a terrorist activity; 

12 ‘‘(BB) to any individual 

13 who the actor knows, or rea14 sonably should know, has 

15 committed or plans to com16 mit a terrorist activity; 

17 ‘‘(CC) to a terrorist or18 ganization described in item 

19 (aa) or (bb) of clause 

20 (iii)(V) or to any member of 

21 such an organization; or 

22 ‘‘(DD) to a terrorist or23 ganization described in 

24 clause (iii)(V)(cc), or to any 

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1 zation, unless the actor can 

2 demonstrate by clear and 

3 convincing evidence that he 

4 or she did not know, and 

5 should not reasonably have 

6 known, that the organization 

7 was a terrorist organization. 

8 ‘‘(II) MATERIAL SUPPORT.—The 

9 term ‘material support’ means sup10 port that is significant and of a kind 

11 directly relevant to terrorist activity. 

12 ‘‘(III) REPRESENTATIVE.—The 

13 term ‘representative’ includes— 

14 ‘‘(aa) an officer, official, or 

15 spokesman of an organization; 

16 and 

17 ‘‘(bb) any person who di18 rects, counsels, commands, or in19 duces an organization or its 

20 members to engage in terrorist 

21 activity. 

22 ‘‘(IV) TERRORIST ACTIVITY.— 

23 The term ‘terrorist activity’ means 

24 any activity which is unlawful under 

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1 mitted (or which, if it had been com2 mitted in the United States, would be 

3 unlawful under the laws of the United 

4 States or any State) and which in5 volves— 

6 ‘‘(aa) the highjacking or 

7 sabotage of any conveyance (in8 cluding an aircraft, vessel, or ve9 hicle); 

10 ‘‘(bb) the seizing or detain11 ing, and threatening to kill, in12 jure, or continue to detain, an13 other individual in order to com14 pel a third person (including a 

15 governmental organization) to do 

16 or abstain from doing any act as 

17 an explicit or implicit condition 

18 for the release of the individual 

19 seized or detained; 

20 ‘‘(cc) a violent attack upon 

21 an internationally protected per22 son (as defined in section 

23 1116(b)(4) of title 18, United 

24 States Code) or upon the liberty 

25 of such a person; 


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1 ‘‘(dd) an assassination; 

2 ‘‘(ee) the use, with the in3 tent to endanger the safety of 1 

4 or more individuals or to cause 

5 substantial damage to property, 

6 of any— 

7 ‘‘(AA) biological agent, 

8 chemical agent, or nuclear 

9 weapon or device; or 

10 ‘‘(BB) explosive, fire11 arm, or other weapon or 

12 dangerous device (other than 

13 for mere personal monetary 

14 gain); or 

15 ‘‘(ff) a threat, attempt, or 

16 conspiracy to carry out any of 

17 the activities described in items 

18 (aa) through (ee). 

19 ‘‘(V) TERRORIST ORGANIZA20 TION.—The term ‘terrorist organiza21 tion’ means an organization— 

22 ‘‘(aa) designated under sec23 tion 219; 

24 ‘‘(bb) otherwise designated, 

25 upon publication in the Federal 


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1 Register, by the Secretary of 

2 State in consultation with or 

3 upon the request of the Attorney 

4 General or the Secretary of 

5 Homeland Security, as a terrorist 

6 organization, after finding that 

7 the organization engages in the 

8 activities described in items (aa) 

9 through (ff) of subclause (I); or 

10 ‘‘(cc) that is a group of 2 or 

11 more individuals, whether orga12 nized or not, which engages in, or 

13 has a subgroup which engages in, 

14 the activities described in items 

15 (aa) through (ff) of subclause 

16 (I).’’. 

17 (b) CHILD SOLDIERS.— 

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

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

20 1182(a)(3)(G)) is amended by adding at the end the 

21 following ‘‘This subparagraph shall not apply to an 

22 alien who establishes that the actions giving rise to 

23 inadmissibility under this subparagraph were com24 mitted under duress or carried out while the alien 

25 was younger than 18 years of age.’’. 


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

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

3 (A) by redesignating subparagraph (F) as 

4 subparagraph (G); 

5 (B) by redesignating subparagraph (E) (as 

6 added by section 5502(b)), as subparagraph 

7 (F); and 

8 (C) in subparagraph (G), as redesignated, 

9 by adding at the end the following ‘‘This sub10 paragraph shall not apply to an alien who es11 tablishes that the actions giving rise to deport12 ability under this subparagraph were committed 

13 under duress or carried out while the alien was 

14 younger than 18 years of age.’’. 

15 (c) TEMPORARY ADMISSION OF NONIMMIGRANTS.— 

16 Section 212(d)(3)(B)(i) of the Immigration and Nation17 ality Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read 

18 as follows: 

19 ‘‘(B)(i) The Secretary of State, after consulta20 tion with the Attorney General and the Secretary of 

21 Homeland Security, or the Secretary of Homeland 

22 Security, after consultation with the Secretary of 

23 State and the Attorney General, may conclude, in 

24 such Secretary’s sole, unreviewable discretion, that 

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


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

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

3 discretion under this clause with respect to an alien 

4 after removal proceedings against the alien have 

5 commenced under section 240.’’. 

6 SEC. 5. PROTECTING CERTAIN VULNERABLE GROUPS OF 

7 ASYLUM SEEKERS. 

8 (a) DEFINED TERM.—Section 101(a)(42) of the Im9 migration 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 to return to, and is unable 

18 or unwilling to avail himself or herself of the 

19 protection of, that country because of persecu20 tion, or a well-founded fear of persecution, on 

21 account of race, religion, nationality, member22 ship in a particular social group, or political 

23 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. 

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

19 Act— 

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

21 a pregnancy or to undergo involuntary steriliza22 tion, or who has been persecuted for failure or 

23 refusal to undergo such a procedure or for 

24 other resistance to a coercive population control 


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1 program, shall be deemed to have been per2 secuted on account of political opinion; and 

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

4 that he or she will be forced to undergo such 

5 a procedure or subject to persecution for such 

6 failure, refusal, or resistance shall be deemed to 

7 have a well-founded fear of persecution on ac8 count of political opinion. 

9 ‘‘(D) For purposes of determinations under this 

10 Act, any group whose members share a char11 acteristic that is either immutable or fundamental to 

12 identity, conscience, or the exercise of the person’s 

13 human rights such that the person should not be re14 quired to change it, shall be deemed a particular so15 cial group, without any additional requirement.’’. 

16 (b) CONDITIONS FOR GRANTING ASYLUM.—Section 

17 208(b)(1)(B) of the Immigration and Nationality Act (8 

18 U.S.C. 1158(b)(1)(B)) is amended— 

19 (1) in clause (i), by striking ‘‘at least one cen20 tral reason for persecuting the applicant’’ and in21 serting ‘‘a factor in the applicant’s persecution or 

22 fear of persecution’’; 

23 (2) in clause (ii), by striking the last sentence 

24 and inserting the following: ‘‘If the trier of fact de25 termines that the applicant should provide evidence 


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1 that corroborates otherwise credible testimony, the 

2 trier of fact shall provide notice and allow the appli3 cant a reasonable opportunity to file such evidence 

4 unless the applicant does not have the evidence and 

5 cannot reasonably obtain the evidence.’’; 

6 (3) by redesignating clause (iii) as clause (iv); 

7 (4) by inserting after clause (ii) the following: 

8 ‘‘(iii) SUPPORTING EVIDENCE ACCEPT9 ED.—Direct or circumstantial evidence, in10 cluding evidence that the State is unable to 

11 protect the applicant or that State legal or 

12 social norms tolerate such persecution 

13 against persons like the applicant, may es14 tablish that persecution is on account of 

15 race, religion, nationality, membership in a 

16 particular social group, or political opin17 ion.’’; and 

18 (5) in clause (iv), as redesignated, by striking 

19 ‘‘, without regard to whether an inconsistency, inac20 curacy, or falsehood goes to the heart of the appli21 cant’s claim, or any other relevant factor.’’ and in22 serting ‘‘. If the trier of fact determines that there 

23 are inconsistencies or omissions, the alien shall be 

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1 port or evidence to clarify such inconsistencies or 

2 omissions.’’. 

3 (c) REMOVAL PROCEEDINGS.—Section 240(c)(4) of 

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

5 1229a(c)(4)) is amended— 

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

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

8 fact determines that the applicant should provide 

9 evidence that corroborates otherwise credible testi10 mony, the trier of fact shall provide notice and allow 

11 the applicant a reasonable opportunity to file such 

12 evidence unless the applicant does not have the evi13 dence and cannot reasonably obtain the evidence.’’; 

14 and 

15 (2) in subparagraph (C), by striking ‘‘, without 

16 regard to whether an inconsistency, inaccuracy, or 

17 falsehood goes to the heart of the applicant’s claim, 

18 or any other relevant factor.’’ and inserting ‘‘. If the 

19 trier of fact determines that there are inconsist20 encies or omissions, the alien shall be given an op21 portunity to explain and to provide support or evi22 dence to clarify such inconsistencies or omissions.’’. 

23 SEC. 6. EFFECTIVE ADJUDICATION OF PROCEEDINGS. 

24 Section 240(b)(4) of the Immigration and Nationality 

25 Act (8 U.S.C. 1229a(b)(4)) is amended— 


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1 (1) in the matter preceding subparagraph (A), 

2 by striking ‘‘In proceedings under this section, under 

3 regulations of the Attorney General’’ and inserting 

4 ‘‘The Attorney General shall promulgate regulations 

5 for proceedings under this section, under which—’’ 

6 (2) in subparagraph (B), by striking ‘‘, and’’ at 

7 the end and inserting a semicolon; 

8 (3) by redesignating subparagraph (C) as sub9 paragraph (D); and 

10 (4) by inserting after subparagraph (B) the fol11 lowing: 

12 ‘‘(C) the Attorney General, or the designee 

13 of the Attorney General, may appoint counsel to 

14 represent an alien if the fair resolution or effec15 tive adjudication of the proceedings would be 

16 served by appointment of counsel; and’’. 

17 SEC. 7. SCOPE AND STANDARD FOR REVIEW. 

18 Section 242(b) of the Immigration and Nationality 

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

20 (1) in paragraph (1), by adding at the end the 

21 following: ‘‘The alien shall not be removed during 

22 such 30-day period, unless the alien indicates in 

23 writing that he or she wishes to be removed before 

24 the expiration of such period.’’; and 


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

2 following: 

3 ‘‘(4) SCOPE AND STANDARD FOR REVIEW.—Ex4 cept as provided in paragraph (5)(B), the court of 

5 appeals shall sustain a final decision ordering re6 moval unless it is contrary to law, an abuse of dis7 cretion, or not supported by substantial evidence. 

8 The court of appeals shall decide the petition only 

9 on the administrative record on which the order of 

10 removal is based.’’. 

11 SEC. 8. EFFICIENT ASYLUM DETERMINATION PROCESS. 

12 Section 235(b)(1)(B) of the Immigration and Nation13 ality Act (8 U.S.C. 1225(b)(1)(B)) is amended— 

14 (1) in clause (ii), by striking ‘‘shall be detained 

15 for further consideration of the application for asy16 lum.’’ and inserting ‘‘may, in the Secretary’s discre17 tion, be detained for further consideration of the ap18 plication for asylum by an asylum officer designated 

19 by the Director of United States Citizenship and Im20 migration Services. The asylum officer, after con21 ducting a nonadversarial asylum interview, may 

22 grant asylum to the alien under section 208 or refer 

23 the case to a designee of the Attorney General, for 

24 a de novo asylum determination, for relief under the 

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1 man or Degrading Treatment or Punishment, done 

2 at New York December 10, 1984, or for withholding 

3 of removal under section 241(b)(3).’’; and 

4 (2) in clause (iii)(IV)— 

5 (A) by amending the subclause heading to 

6 read as follows: 

7 ‘‘(IV) DETENTION.—’’; and 

8 (B) by striking ‘‘shall’’ and inserting 

9 ‘‘may, in the Secretary’s discretion,’’. 

10 SEC. 9. SECURE ALTERNATIVES PROGRAM. 

11 (a) ESTABLISHMENT.—The Secretary shall establish 

12 the Secure Alternatives Program (referred to in this sec13 tion as the ‘‘Program’’) under which an alien who has 

14 been detained may be released under enhanced super15 vision— 

16 (1) to prevent the alien from absconding; 

17 (2) to ensure that the alien makes appearances 

18 related to such detention; and 

19 (3) to authorize and promote the utilization of 

20 alternatives to detention of asylum seekers. 

21 (b) PROGRAM REQUIREMENTS.— 

22 (1) NATIONWIDE IMPLEMENTATION.—The Sec23 retary shall facilitate the nationwide implementation 

24 of the Program. 


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1 (2) UTILIZATION OF ALTERNATIVES.—The Pro2 gram shall utilize a continuum of alternatives based 

3 on the alien’s need for supervision, which may in4 clude placement of the alien— 

5 (A) with an individual or organizational 

6 sponsor; or 

7 (B) in a supervised group home. 

8 (3) PROGRAM ELEMENTS.—The Program shall 

9 include— 

10 (A) individualized case management by an 

11 assigned case supervisor; and 

12 (B) referral to community-based providers 

13 of legal and social services. 

14 (4) RESTRICTIVE ELECTRONIC MONITORING.— 

15 (A) IN GENERAL.—Restrictive electronic 

16 monitoring devices, such as ankle bracelets, 

17 may not be used unless there is a demonstrated 

18 need for such enhanced monitoring. 

19 (B) PERIODIC REVIEW.—The Secretary 

20 shall periodically review any decision to require 

21 the use of devices described in subparagraph 

22 (A). 

23 (5) ALIENS ELIGIBLE FOR SECURE ALTER24 NATIVES PROGRAM.— 


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1 (A) IN GENERAL.—Asylum seekers denied 

2 parole under section 235(b)(1)(B) of the Immi3 gration and Nationality Act (8 U.S.C. 

4 1225(b)(1)(B)) shall be eligible to participate in 

5 the Program. 

6 (B) PROGRAM DESIGN.—The Program 

7 shall be designed to ensure sufficient super8 vision of the population described in subpara9 graph (A). 

10 (6) INDIVIDUALIZED DETERMINATIONS.—For 

11 aliens who pose a flight risk, the Secretary shall 

12 make an individualized determination as to whether 

13 this risk can be mitigated through the Program. 

14 (7) RULEMAKING.—The Attorney General and 

15 the Secretary shall promulgate regulations estab16 lishing procedures for the review of any determina17 tion under this section by an immigration judge, un18 less the alien waives the right to such review. 

19 (8) CONTRACTS.—The Secretary shall enter 

20 into contracts with qualified nongovernmental enti21 ties to implement the Program. 

22 (9) OTHER CONSIDERATIONS.—In designing the 

23 Program, the Secretary shall— 

24 (A) consult with relevant experts; and 


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1 (B) consider programs that have proven 

2 successful in the past, including the Appearance 

3 Assistance Program developed by the Vera In4 stitute of Justice. 

5 (c) PAROLE OF CERTAIN ALIENS.—Section 

6 235(b)(1)(B) of the Immigration and Nationality Act (8 

7 U.S.C. 1225(b)(1)(B)) is amended— 

8 (1) by redesignating clause (v) as clause (vi); 

9 and 

10 (2) by inserting after clause (iv) the following: 

11 ‘‘(v) RELEASE.— 

12 ‘‘(I) IN GENERAL.—Any alien 

13 subject to detention under this sub14 section who has been determined to 

15 have a credible fear of persecution 

16 shall be released from the custody of 

17 the Department of Homeland Security 

18 not later than 7 days after such deter19 mination unless the Secretary of 

20 Homeland Security demonstrates by 

21 substantial evidence that the alien— 

22 ‘‘(aa) poses a risk to public 

23 safety, which may include a risk 

24 to national security; or 


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1 ‘‘(bb) is a flight risk, which 

2 cannot be mitigated through 

3 other conditions of release, such 

4 as bond or secure alternatives, 

5 that would reasonably ensure 

6 that the alien would appear for 

7 immigration proceedings. 

8 ‘‘(II) NOTICE.—The Secretary of 

9 Homeland Security shall provide every 

10 alien and the alien’s legal representa11 tive with written notification of the 

12 parole decision, including a brief ex13 planation of the reasons for any deci14 sion to deny parole. The notification 

15 should be communicated to the alien 

16 orally or in writing, in a language the 

17 alien claims to understand.’’. 

18 SEC. 10. CONDITIONS OF DETENTION. 

19 (a) IN GENERAL.—The Secretary shall promulgate 

20 regulations that— 

21 (1) establish the conditions for the detention of 

22 asylum seekers that ensure a safe and humane envi23 ronment; and 

24 (2) include the rights and procedures set forth 

25 in subsections (c) through (e). 


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1 (b) DEFINITIONS.—In this section: 

2 (1) DETAINEE.—The term ‘‘detainee’’ means 

3 an individual who is detained under the authority of 

4 U.S. Immigration and Customs Enforcement. 

5 (2) DETENTION FACILITY.—The term ‘‘deten6 tion facility’’ means any Federal, State, or local gov7 ernment facility or privately owned and operated fa8 cility, which is being used to hold detainees longer 

9 than 72 hours. 

10 (3) GROUP LEGAL ORIENTATION PRESEN11 TATIONS.—The term ‘‘group legal orientation pres12 entations’’ means live group presentations, supple13 mented by individual orientations, pro se workshops, 

14 and pro bono referrals, that— 

15 (A) are carried out by private nongovern16 mental organizations; 

17 (B) are presented to detainees; 

18 (C) inform detainees about United States 

19 immigration law and procedures; and 

20 (D) enable detainees to determine their eli21 gibility for relief. 

22 (4) SHORT-TERM DETENTION FACILITY.—The 

23 term ‘‘short-term detention facility’’ means any de24 tention facility that is used to hold immigration de25 tainees for not more than 72 hours. 


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1 (c) ACCESS TO LEGAL SERVICES.— 

2 (1) LISTS OF LEGAL SERVICE PROVIDERS.—All 

3 detainees arriving at a detention facility shall 

4 promptly receive— 

5 (A) access to legal information, including 

6 an on-site law library with up-to-date legal ma7 terials and law databases; 

8 (B) free access to the necessary equipment 

9 and materials for legal research and cor10 respondence, such as computers, printers, copi11 ers, and typewriters; 

12 (C) an accurate, updated list of free or 

13 low-cost immigration legal service providers 

14 that— 

15 (i) are near such detention facility; 

16 and 

17 (ii) can assist those with limited 

18 English proficiency or disabilities; 

19 (D) confidential meeting space to confer 

20 with legal counsel; and 

21 (E) services to send confidential legal doc22 uments to legal counsel, government offices, 

23 and legal organizations. 

24 (2) GROUP LEGAL ORIENTATION PRESEN25 TATIONS.—The Secretary shall establish procedures 


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1 for regularly scheduled, group legal orientation pres2 entations. 

3 (3) GRANTS AUTHORIZED.—The Secretary shall 

4 establish a program to award grants to nongovern5 mental agencies for the purpose of developing, imple6 menting, or expanding legal orientation programs 

7 available for all detainees at the detention facilities 

8 in which such programs are offered. 

9 (4) VISITS.—Detainees shall be provided ade10 quate access to contact visits from— 

11 (A) legal service providers, including attor12 neys, paralegals, law graduates, law students, 

13 and representatives accredited by the Board of 

14 Immigration Appeals; 

15 (B) consultants, as authorized under sec16 tion 235(b) of the Immigration and Nationality 

17 Act (8 U.S.C. 1225(b)), before and during 

18 interviews in which determinations of credible 

19 fear of persecution are made; and 

20 (C) individuals assisting in the provision of 

21 legal representation and documentation in sup22 port of the asylum seekers’ cases, including in23 terpreters, medical personnel, mental health 

24 providers, social welfare workers, expert and 

25 fact witnesses, and others. 


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1 (5) NOTIFICATION REQUIREMENT.—The Sec2 retary shall establish procedures to provide detainees 

3 with adequate and prompt notice, in the language of 

4 the detainee, of their available release options and 

5 the procedures for requesting such options. 

6 (6) LOCATION OF NEW DETENTION FACILI7 TIES.—All detention facilities first used by the De8 partment of Homeland Security after the date of the 

9 enactment of this Act shall be located within 50 

10 miles of a community in which there is a dem11 onstrated capacity to provide free or low-cost legal 

12 representation by— 

13 (A) nonprofit legal aid organizations; or 

14 (B) pro bono attorneys with expertise in 

15 asylum or immigration law. 

16 (7) NOTIFICATION OF TRANSFERS.—The Sec17 retary shall establish procedures requiring the 

18 prompt notification of the legal representative of a 

19 detainee before transferring such detainee to another 

20 detention facility. 

21 (8) ACCESS TO TELEPHONES.— 

22 (A) IN GENERAL.—Not later than 6 hours 

23 after the commencement of a detention of a de24 tainee, the detainee shall be provided reasonable 


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1 access to a telephone, with at least 1 working 

2 telephone available for every 25 detainees. 

3 (B) CONTACTS.—Each detainee has the 

4 right to contact by telephone, free of charge— 

5 (i) legal representatives; 

6 (ii) nongovernmental organizations 

7 designated by the Secretary; 

8 (iii) consular officials; 

9 (iv) the United Nations High Com10 missioner for Refugees; 

11 (v) Federal and State courts in which 

12 the detainee is, or may become, involved in 

13 a legal proceeding; and 

14 (vi) all Government immigration agen15 cies and adjudicatory bodies, including the 

16 Office of the Inspector General of the De17 partment of Homeland Security and the 

18 Office for Civil Rights and Civil Liberties 

19 of the Department of Homeland Security, 

20 through confidential toll-free numbers. 

21 (d) RELIGIOUS AND CULTURAL PROVISIONS.— 

22 (1) ACCESS TO RELIGIOUS SERVICES.—Detain23 ees shall be given full and equitable access to reli24 gious services, religious materials, opportunity for 


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1 religious group study, and religious counseling ap2 propriate to their religious beliefs and practices. 

3 (2) CHAPLAINS.—Each detention facility shall 

4 have a chaplain, who shall be responsible for— 

5 (A) managing the religious activities at the 

6 detention facility, including providing pastoral 

7 care and counseling to detainees; and 

8 (B) facilitating access to pastoral care and 

9 counseling from external clergy or religious 

10 service providers who represent the faiths of the 

11 detainees at the facility. 

12 (3) DIETARY NEEDS.—The Secretary shall en13 sure that the religious, medical, and cultural dietary 

14 needs of the detainees are met. 

15 (4) QUALIFICATIONS OF STAFF.—The Secretary 

16 shall ensure that detention facility staff members are 

17 trained to recognize and address cultural and gender 

18 issues relevant to male, female, and child detainees. 

19 (5) ACCESS TO DETENTION FACILITIES BY

20 NONGOVERNMENTAL ORGANIZATIONS.—Nongovern21 mental organizations shall be provided reasonable 

22 access to a detention facility to— 

23 (A) observe the conditions of detention 

24 outlined in this section; 


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1 (B) engage in teaching and training pro2 grams for the detainees detained at the facility; 

3 and 

4 (C) provide legal or religious services to 

5 the detainees. 

6 (e) LIMITATIONS ON SOLITARY CONFINEMENT, 

7 SHACKLING, AND STRIP SEARCHES.— 

8 (1) EXTRAORDINARY CIRCUMSTANCES.—Soli9 tary confinement, shackling, and strip searches of 

10 detainees— 

11 (A) may not be used unless such tech12 niques are necessitated by extraordinary cir13 cumstances in which the safety of other persons 

14 is at imminent risk; and 

15 (B) may not be used for the purpose of 

16 humiliating detainees within or outside the de17 tention facility. 

18 (2) PROTECTED CLASSES.—Solitary confine19 ment, shackling, and strip searches may not be used 

20 on pregnant women, nursing mothers, women in 

21 labor or delivery, or children who are younger than 

22 18 years of age. Strip searches may not be con23 ducted in the presence of children who are younger 

24 than 21 years of age. 


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1 (3) WRITTEN POLICIES.—Detention facilities 

2 shall— 

3 (A) adopt written policies pertaining to the 

4 use of force and restraints; and 

5 (B) train all staff on the proper use of 

6 such techniques and devices. 

7 SEC. 11. TIMELY NOTICE OF IMMIGRATION CHARGES. 

8 Section 236 of the Immigration and Nationality Act 

9 (8 U.S.C. 1226) is amended by adding at the end the fol10 lowing: 

11 ‘‘(f) NOTICE AND CHARGES.—Not later than 48 

12 hours after the commencement of a detention of an indi13 vidual under this section, the Secretary of Homeland Se14 curity shall— 

15 ‘‘(1) file a Notice to Appear or other relevant 

16 charging document with the immigration court clos17 est to the location at which the individual was appre18 hended; and 

19 ‘‘(2) serve such notice or charging document on 

20 the individual.’’. 


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1 SEC. 12. PROCEDURES FOR ENSURING ACCURACY AND 

2 VERIFIABILITY OF SWORN STATEMENTS 

3 TAKEN PURSUANT TO EXPEDITED REMOVAL 

4 AUTHORITY. 

5 (a) IN GENERAL.—The Secretary shall establish 

6 quality assurance procedures to ensure the accuracy and 

7 verifiability of signed or sworn statements taken by em8 ployees of the Department of Homeland Security exer9 cising expedited removal authority under section 235(b) 

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

11 1225(b)). 

12 (b) RECORDING OF INTERVIEWS.— 

13 (1) IN GENERAL.—Any sworn or signed written 

14 statement taken from an alien as part of the record 

15 of a proceeding under section 235(b)(1)(A) of the 

16 Immigration and Nationality Act shall be accom17 panied by a recording of the interview which served 

18 as the basis for such sworn statement. 

19 (2) CONTENT.—The recording shall include— 

20 (A) a reading of the entire written state21 ment to the alien in a language that the alien 

22 claims to understand; and 

23 (B) the verbal affirmation by the alien of 

24 the accuracy of— 

25 (i) the written statement; or 


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1 (ii) a corrected version of the written 

2 statement. 

3 (3) FORMAT.—The recording shall be made in 

4 video, audio, or other equally reliable format. 

5 (4) EVIDENCE.—Recordings of interviews under 

6 this subsection may be considered as evidence in any 

7 further proceedings involving the alien. 

8 (c) EXEMPTION AUTHORITY.— 

9 (1) EXEMPTED FACILITIES.—Subsection (b) 

10 shall not apply to interviews that occur at detention 

11 facilities exempted by the Secretary under this sub12 section. 

13 (2) CRITERIA.—The Secretary, or the Sec14 retary’s designee, may exempt any detention facility 

15 if compliance with subsection (b) at that facility 

16 would impair operations or impose undue burdens or 

17 costs. 

18 (3) REPORT.—The Secretary shall annually 

19 submit a report to Congress that identifies the facili20 ties that have been exempted under this subsection. 

21 (4) NO PRIVATE CAUSE OF ACTION.—Nothing 

22 in this subsection may be construed to create a pri23 vate cause of action for damages or injunctive relief. 

24 (d) INTERPRETERS.—The Secretary shall ensure that 

25 a professional fluent interpreter is used if— 


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1 (1) the interviewing officer does not speak a 

2 language understood by the alien; and 

3 (2) there is no other Federal Government em4 ployee available who is able to interpret effectively, 

5 accurately, and impartially. 

6 SEC. 13. STUDY ON THE EFFECT OF EXPEDITED REMOVAL 

7 PROVISIONS, PRACTICES, AND PROCEDURES 

8 ON ASYLUM CLAIMS. 

9 (a) STUDY.— 

10 (1) IN GENERAL.—The United States Commis11 sion on International Religious Freedom (referred to 

12 in this section as the ‘‘Commission’’) is authorized 

13 to conduct a study to determine whether immigra14 tion officers described in paragraph (2) are engaging 

15 in conduct described in paragraph (3). 

16 (2) IMMIGRATION OFFICERS DESCRIBED.—An 

17 immigration officer described in this paragraph is an 

18 immigration officer performing duties under section 

19 235(b) of the Immigration and Nationality Act (8 

20 U.S.C. 1225(b)) with respect to aliens who— 

21 (A) are apprehended after entering the 

22 United States; and 

23 (B) may be eligible to apply for asylum 

24 under section 208 or 235 of such Act. 


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1 (3) CONDUCT DESCRIBED.—An immigration of2 ficer engages in conduct described in this paragraph 

3 if the immigration officer— 

4 (A) improperly encourages an alien re5 ferred to in paragraph (2) to withdraw or re6 tract claims for asylum; 

7 (B) incorrectly fails to refer such an alien 

8 for an interview by an asylum officer to deter9 mine whether the alien has a credible fear of 

10 persecution (as defined in section 

11 235(b)(1)(B)(v) of such Act (8 U.S.C. 

12 1225(b)(1)(B)(v))); 

13 (C) incorrectly removes such an alien to a 

14 country in which the alien may be persecuted; 

15 or 

16 (D) detains such an alien improperly or 

17 under inappropriate conditions. 

18 (b) REPORT.—Not later than 2 years after the date 

19 on which the Commission initiates the study under sub20 section (a), the Commission shall submit a report con21 taining the results of the study to— 

22 (1) the Committee on Homeland Security and 

23 Governmental Affairs of the Senate; 

24 (2) the Committee on the Judiciary of the Sen25 ate; 


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1 (3) the Committee on Foreign Relations of the 

2 Senate; 

3 (4) the Committee on Homeland Security of the 

4 House of Representatives; 

5 (5) the Committee on the Judiciary of the 

6 House of Representatives; and 

7 (6) the Committee on Foreign Affairs of the 

8 House of Representatives. 

9 (c) STAFF.— 

10 (1) FROM OTHER AGENCIES.— 

11 (A) IDENTIFICATION.—The Commission 

12 may identify employees of the Department of 

13 Homeland Security, the Department of Justice, 

14 and the Government Accountability Office that 

15 have significant expertise and knowledge of ref16 ugee and asylum issues. 

17 (B) DESIGNATION.—At the request of the 

18 Commission, the Secretary, the Attorney Gen19 eral, and the Comptroller General of the United 

20 States shall authorize staff identified under 

21 subparagraph (A) to assist the Commission in 

22 conducting the study under subsection (a). 

23 (2) ADDITIONAL STAFF.—The Commission may 

24 hire additional staff and consultants to conduct the 

25 study under subsection (a). 


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1 (3) ACCESS TO PROCEEDINGS.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), the Secretary and the Attor4 ney General shall provide staff designated 

5 under paragraph (1) or hired under paragraph 

6 (2) with unrestricted access to all stages of all 

7 proceedings conducted under section 235(b) of 

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

9 1225(b)). 

10 (B) EXCEPTIONS.—The Secretary and the 

11 Attorney General may not permit unrestricted 

12 access under subparagraph (A) if— 

13 (i) the alien subject to a proceeding 

14 under such section 235(b) objects to such 

15 access; or 

16 (ii) the Secretary or Attorney General 

17 determines that the security of a particular 

18 proceeding would be threatened by such 

19 access. 

20 SEC. 14. REFUGEE OPPORTUNITY PROMOTION. 

21 Section 209 of the Immigration and Nationality Act 

22 (8 U.S.C. 1159) is amended— 

23 (1) in subsection (a)(1)(B), by striking ‘‘one 

24 year,’’ and inserting ‘‘1 year (except as provided 

25 under subsection (d));’’; 


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1 (2) in subsection (b)(2), by striking ‘‘asylum,’’ 

2 and inserting ‘‘asylum (except as provided under 

3 subsection (d));’’; and 

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

5 ‘‘(d) EXCEPTION TO PHYSICAL PRESENCE REQUIRE6 MENT.—An alien who does not meet the 1-year physical 

7 presence requirement under subsection (a)(1)(B) or 

8 (b)(2), but who otherwise meets the requirements under 

9 subsection (a) or (b) for adjustment of status to that of 

10 an alien lawfully admitted for permanent residence, may 

11 be eligible for such adjustment of status if the alien— 

12 ‘‘(1) is or was employed by— 

13 ‘‘(A) the United States Government or a 

14 contractor of the United States Government 

15 overseas and performing work on behalf of the 

16 United States Government for the entire period 

17 of absence, which may not exceed 1 year; or 

18 ‘‘(B) the United States Government or a 

19 contractor of the United States Government in 

20 the alien’s country of nationality or last habit21 ual residence for the entire period of absence, 

22 which may not exceed 1 year, and the alien was 

23 under the protection of the United States Gov24 ernment or a contractor while performing work 


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1 on behalf of the United States Government dur2 ing the entire period of employment; and 

3 ‘‘(2) returned immediately to the United States 

4 upon the conclusion of the employment.’’. 

5 SEC. 15. PROTECTIONS FOR MINORS SEEKING ASYLUM. 

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

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

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

9 3, by amending subparagraph (E) to read as follows: 

10 ‘‘(E) APPLICABILITY TO MINORS.—Sub11 paragraphs (A), (B), and (C) shall not apply to 

12 an applicant who is younger than 18 years of 

13 age on the earlier of— 

14 ‘‘(i) the date on which the asylum ap15 plication is filed; or 

16 ‘‘(ii) the date on which any Notice to 

17 Appear is issued.’’; and 

18 (2) in subsection (b)(3), by amending subpara19 graph (C) to read as follows: 

20 ‘‘(C) INITIAL JURISDICTION.—An asylum 

21 officer (as defined in section 235(b)(1)(E)) 

22 shall have initial jurisdiction over any asylum 

23 application filed by an applicant who is younger 

24 than 18 years of age on the earlier of— 


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1 ‘‘(i) the date on which the asylum ap2 plication is filed; or 

3 ‘‘(ii) the date on which any Notice to 

4 Appear is issued.’’. 

5 (b) REINSTATEMENT OF REMOVAL.—Section 241(a) 

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

7 1231(a)) is amended— 

8 (1) in paragraph (5), by striking ‘‘If the Attor9 ney General’’ and inserting ‘‘Except as provided in 

10 paragraph (8), if the Secretary of Homeland Secu11 rity’’; and 

12 (2) by adding at the end of the following: 

13 ‘‘(8) APPLICABILITY OF REINSTATEMENT OF

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

15 alien who has reentered the United States illegally 

16 after having been removed or having departed volun17 tarily, under an order of removal, if the alien was 

18 younger than 18 years of age on the date on which 

19 the alien was removed or departed voluntarily under 

20 an order of removal.’’. 

21 SEC. 16. LEGAL ASSISTANCE FOR REFUGEES AND ASYLEES. 

22 Section 412(c)(1)(A) of the Immigration and Nation23 ality Act (8 U.S.C. 1522(c)(1)(A)) is amended— 

24 (1) in clause (ii), by striking ‘‘and’’ at an end; 


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1 (2) by redesignating clause (iii) as clause (iv); 

2 and 

3 (3) by inserting after clause (ii) the following: 

4 ‘‘(iii) to provide legal services for refugees to 

5 assist them in obtaining immigration benefits for 

6 which they are eligible; and’’. 

7 SEC. 17. PROTECTION OF STATELESS PERSONS IN THE 

8 UNITED STATES. 

9 (a) IN GENERAL.—Chapter 1 of title II of the Immi10 gration and Nationality Act (8 U.S.C. 1151 et seq.) is 

11 amended by adding at the end the following: 

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

13 UNITED STATES. 

14 ‘‘(a) DEFINED TERM.— 

15 ‘‘(1) IN GENERAL.—In this section, the term 

16 ‘de jure stateless person’ means an individual who is 

17 not considered a national under the laws of any 

18 country. Individuals who have lost their nationality 

19 as a result of their voluntary action or knowing inac20 tion after arrival in the United States shall not be 

21 considered de jure stateless persons. 

22 ‘‘(2) DESIGNATION OF SPECIFIC DE JURE

23 GROUPS.—The Secretary of Homeland Security, in 

24 consultation with the Secretary of State, may, in the 

25 discretion of the Secretary, designate specific groups 


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1 of individuals who are considered de jure stateless 

2 persons, for purposes of this section. 

3 ‘‘(b) MECHANISMS FOR REGULARIZING THE STATUS

4 OF STATELESS PERSONS.— 

5 ‘‘(1) RELIEF FOR INDIVIDUALS DETERMINED

6 TO BE DE JURE STATELESS PERSONS.—The Sec7 retary of Homeland Security or the Attorney Gen8 eral may, in his or her discretion, provide conditional 

9 lawful status to an alien who is otherwise inadmis10 sible or deportable from the United States if the 

11 alien— 

12 ‘‘(A) is a de jure stateless person; 

13 ‘‘(B) applies for such relief; 

14 ‘‘(C) is not inadmissible under paragraph 

15 (2) or (3) of section 212(a); and 

16 ‘‘(D) is not described in section 

17 241(b)(3)(B)(i). 

18 ‘‘(2) WAIVERS.—The provisions under para19 graphs (4), (5), (6)(A), (7)(A), and (9) of section 

20 212(a) shall not be applicable to any alien seeking 

21 relief under paragraph (1). The Secretary of Home22 land Security or the Attorney General may waive 

23 any other provision of such section (other than para24 graph (2)(C) or subparagraph (A), (B), (C), or (E) 

25 of paragraph (3)) with respect to such an alien for 


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1 humanitarian purposes, to assure family unity, or if 

2 it is otherwise in the public interest. 

3 ‘‘(3) SUBMISSION OF PASSPORT OR TRAVEL

4 DOCUMENT.—Any alien who seeks relief under this 

5 section shall submit to the Secretary of Homeland 

6 Security or the Attorney General— 

7 ‘‘(A) any passport or travel document 

8 issued at any time to the alien (whether or not 

9 the passport or document has expired or been 

10 cancelled, rescinded, or revoked); or 

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

12 perjury— 

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

14 been issued a passport or travel document; 

15 or 

16 ‘‘(ii) identifying with particularity any 

17 such passport or travel document and ex18 plaining why the alien cannot submit it. 

19 ‘‘(4) WORK AUTHORIZATION.—The Secretary of 

20 Homeland Security may— 

21 ‘‘(A) authorize an alien who has applied 

22 for relief under paragraph (1) to engage in em23 ployment in the United States while such appli24 cation is being considered; and 


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1 ‘‘(B) provide such applicant with an em2 ployment authorized endorsement or other ap3 propriate document signifying authorization of 

4 employment. 

5 ‘‘(5) TREATMENT OF SPOUSE AND CHIL6 DREN.—The spouse or child of an alien who has 

7 been granted conditional lawful status under para8 graph (1) shall, if not otherwise eligible for admis9 sion under paragraph (1), be granted conditional 

10 lawful status under this section if accompanying, or 

11 following to join, such alien if— 

12 ‘‘(A) the spouse or child is admissible (ex13 cept as otherwise provided in paragraph (2)); 

14 and 

15 ‘‘(B) the qualifying relationship to the 

16 principal beneficiary existed on the date on 

17 which such alien was granted conditional lawful 

18 status. 

19 ‘‘(c) ADJUSTMENT OF STATUS.— 

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

21 end of the 5-year period beginning on the date on 

22 which an alien has been granted conditional lawful 

23 status under subsection (b), the alien may apply for 

24 lawful permanent residence in the United States if— 


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

2 in the United States for at least 5 years; 

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

4 has not been terminated by the Secretary of 

5 Homeland Security or the Attorney General, 

6 pursuant to such regulations as the Secretary 

7 or the Attorney General may prescribe; and 

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

9 permanent resident status. 

10 ‘‘(2) REQUIREMENTS FOR ADJUSTMENT OF

11 STATUS.—The Secretary of Homeland Security or 

12 the Attorney General, under such regulations as the 

13 Secretary or the Attorney General may prescribe, 

14 may adjust the status of an alien granted condi15 tional lawful status under subsection (b) to that of 

16 an alien lawfully admitted for permanent residence 

17 if such alien— 

18 ‘‘(A) is a de jure stateless person; 

19 ‘‘(B) properly applies for such adjustment 

20 of status; 

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

22 United States for at least 5 years after being 

23 granted conditional lawful status under sub24 section (b); 


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1 ‘‘(D) is not firmly resettled in any foreign 

2 country; and 

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

4 provided under subsection (b)(2)) as an immi5 grant under this chapter at the time of exam6 ination of such alien for adjustment of status. 

7 ‘‘(3) RECORD.—Upon approval of an applica8 tion under this subsection, the Secretary of Home9 land Security or the Attorney General shall establish 

10 a record of the alien’s admission for lawful perma11 nent residence as of the date that is 5 years before 

12 the date of such approval. 

13 ‘‘(d) PROVING THE CLAIM.—In determining an 

14 alien’s eligibility for lawful conditional status or adjust15 ment of status under this subsection, the Secretary of 

16 Homeland Security or the Attorney General shall consider 

17 any credible evidence relevant to the application. The de18 termination of what evidence is credible and the weight 

19 to be given that evidence shall be within the sole discretion 

20 of the Secretary or the Attorney General. 

21 ‘‘(e) REVIEW.— 

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

23 shall lie from the denial of an application by the 

24 Secretary, but such denial will be without prejudice 


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1 to the alien’s right to renew the application in pro2 ceedings under section 240. 

3 ‘‘(2) MOTIONS TO REOPEN.—Notwithstanding 

4 any limitation imposed by law on motions to reopen 

5 removal, deportation, or exclusion proceedings, any 

6 individual who is eligible for relief under this section 

7 may file a motion to reopen removal or deportation 

8 proceedings in order to apply for relief under this 

9 section. Any such motion shall be filed not later than 

10 the later of— 

11 ‘‘(A) 2 years after the date of the enact12 ment of the Refugee Protection Act of 2011; or 

13 ‘‘(B) 90 days after the date of entry of a 

14 final administrative order of removal, deporta15 tion, or exclusion. 

16 ‘‘(f) LIMITATION.— 

17 ‘‘(1) APPLICABILITY.—The provisions of this 

18 section shall only apply to aliens present in the 

19 United States. 

20 ‘‘(2) SAVINGS PROVISION.—Nothing in this sec21 tion may be construed to authorize or require— 

22 ‘‘(A) the admission of any alien to the 

23 United States; 

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

25 United States; or 


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1 ‘‘(C) the grant of any motion to reopen or 

2 reconsider filed by an alien after departure or 

3 removal from the United States.’’. 

4 (b) JUDICIAL REVIEW.—Section 242(a)(2)(B)(ii) of 

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

6 1252(a)(2)(B)(ii)) is amended by inserting ‘‘or 210A’’ 

7 after ‘‘208(a)’’. 

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

9 for the Immigration and Nationality Act is amended by 

10 inserting after the item relating to section 210 the fol11 lowing: 

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

12 SEC. 18. AUTHORITY TO DESIGNATE CERTAIN GROUPS OF 

13 REFUGEES FOR CONSIDERATION. 

14 (a) IN GENERAL.—Section 207(c)(1) of the Immigra15 tion and Nationality Act (8 U.S.C. 1157(c)(1)) is amend16 ed— 

17 (1) by inserting ‘‘(A)’’ before ‘‘Subject to the 

18 numerical limitations’’; and 

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

20 ‘‘(B)(i) The President, upon a recommendation of the 

21 Secretary of State made in consultation with the Secretary 

22 of Homeland Security, and after appropriate consultation, 

23 may designate specifically defined groups of aliens— 


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1 ‘‘(I) whose resettlement in the United States is 

2 justified by humanitarian concerns or is otherwise in 

3 the national interest; and 

4 ‘‘(II) who— 

5 ‘‘(aa) share common characteristics that 

6 identify them as targets of persecution on ac7 count of race, religion, nationality, membership 

8 in a particular social group, or political opinion 

9 or of other serious harm; or 

10 ‘‘(bb) having been identified as targets as 

11 described in item (aa), share a common need 

12 for resettlement due to a specific vulnerability. 

13 ‘‘(ii) An alien who establishes membership in a group 

14 designated under clause (i) to the satisfaction of the Sec15 retary of Homeland Security shall be considered a refugee 

16 for purposes of admission as a refugee under this section 

17 unless the Secretary determines that such alien ordered, 

18 incited, assisted, or otherwise participated in the persecu19 tion of any person on account of race, religion, nationality, 

20 membership in a particular social group, or political opin21 ion. 

22 ‘‘(iii) A designation under clause (i)— 

23 ‘‘(I) may be revoked by the President at any 

24 time after notification to Congress; 


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1 ‘‘(II) if not revoked under subclause (I), shall 

2 expire at the end of the fiscal year; and 

3 ‘‘(III) may be renewed by the President after 

4 appropriate consultation. 

5 ‘‘(iv) Categories of aliens established under section 

6 599D of Public Law 101–167 (8 U.S.C. 1157 note)— 

7 ‘‘(I) shall be designated under clause (i) until 

8 the end of the first fiscal year commencing after the 

9 date of the enactment of the Refugee Protection Act 

10 of 2011; and 

11 ‘‘(II) shall be eligible for designation thereafter 

12 at the discretion of the President. 

13 ‘‘(v) An alien’s admission under this subparagraph 

14 shall count against the refugee admissions goal under sub15 section (a). 

16 ‘‘(vi) A designation under clause (i) shall not influ17 ence decisions to grant, to any alien, asylum under section 

18 208, protection under section 241(b)(3), or protection 

19 under the Convention Against Torture and Other Cruel, 

20 Inhuman or Degrading Treatment or Punishment, done 

21 at New York December 10, 1984.’’. 

22 (b) WRITTEN REASONS FOR DENIALS OF REFUGEE

23 STATUS.—Each decision to deny an application for ref24 ugee status of an alien who is within a category estab25 lished under section 207(c)(1)(B) of the Immigration and 


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1 Nationality Act, as added by subsection (a) shall be in 

2 writing and shall state, to the maximum extent feasible, 

3 the reason for the denial. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 subsection (a) shall take effect on the first day of the first 

6 fiscal year that begins after the date of the enactment of 

7 this Act. 

8 SEC. 19. MULTIPLE FORMS OF RELIEF. 

9 (a) IN GENERAL.—Applicants for admission as refu10 gees may simultaneously pursue admission under any visa 

11 category for which such applicants may be eligible. 

12 (b) ASYLUM APPLICANTS WHO BECOME ELIGIBLE

13 FOR DIVERSITY VISAS.—Section 204(a)(1)(I) of the Im14 migration and Nationality Act (8 U.S.C. 1154(a)(1)(I)) 

15 is amended by adding at the end the following: 

16 ‘‘(iv)(I) An asylum seeker in the United States who 

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

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

19 district director that has jurisdiction over the district in 

20 which the asylum seeker resides (or, in the case of an asy21 lum seeker who is or was in removal proceedings, the im22 migration court in which the removal proceeding is pend23 ing or was adjudicated) to adjust status to that of a per24 manent resident. 


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1 ‘‘(II) A petition under subclause (I) shall be filed not 

2 later than 30 days before the end of the fiscal year for 

3 which the petitioner received notice of eligibility for the 

4 visa and shall contain such information and be supported 

5 by such documentary evidence as the Secretary of State 

6 may require. 

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

8 attempt to adjudicate each petition under this clause be9 fore the last day of the fiscal year for which the petitioner 

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

11 director or immigration court is unable to complete such 

12 adjudication during such fiscal year, the adjudication and 

13 adjustment of the petitioner’s status may take place after 

14 the end of such fiscal year.’’. 

15 SEC. 20. PROTECTION OF REFUGEE FAMILIES. 

16 (a) CHILDREN OF REFUGEE OR ASYLEE SPOUSES

17 AND CHILDREN.—A child of an alien who qualifies for ad18 mission as a spouse or child under section 207(c)(2)(A) 

19 or 208(b)(3) of the Immigration and Nationality Act (8 

20 U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to 

21 the same admission status as such alien if the child— 

22 (1) is accompanying or following to join such 

23 alien; and 

24 (2) is otherwise admissible under such section 

25 207(c)(2)(A) or 208(b)(3). 


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1 (b) SEPARATED CHILDREN.—A child younger than 

2 18 years of age who has been separated from the birth 

3 or adoptive parents of such child and is living under the 

4 care of an alien who has been approved for admission to 

5 the United States as a refugee shall be admitted as a ref6 ugee if— 

7 (1) it is in the best interest of such child to be 

8 placed with such alien in the United States; and 

9 (2) such child is otherwise admissible under sec10 tion 207(c)(3) of the Immigration and Nationality 

11 Act (8 U.S.C. 1157(c)(3)). 

12 (c) ELIMINATION OF TIME LIMITS ON REUNIFICA13 TION OF REFUGEE AND ASYLEE FAMILIES.— 

14 (1) EMERGENCY SITUATION REFUGEES.—Sec15 tion 207(c)(2)(A) of the Immigration and Nation16 ality Act (8 U.S.C. 1157(c)(2)(A)) is amended by 

17 striking ‘‘A spouse or child (as defined in section 

18 101(b)(1) (A), (B), (C), (D), or (E))’’ and inserting, 

19 ‘‘Regardless of when such refugee was admitted to 

20 the United States, a spouse or child (other than a 

21 child described in section 101(b)(1)(F))’’. 

22 (2) ASYLUM.—Section 208(b)(3)(A) of such Act 

23 (8 U.S.C. 1158(b)(3)(A)) is amended to read as fol24 lows: 


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1 ‘‘(A) IN GENERAL.—A spouse or child 

2 (other than a child described in section 

3 101(b)(1)(F)) of an alien who was granted asy4 lum under this subsection at any time may, if 

5 not otherwise eligible for asylum under this sec6 tion, be granted the same status as the alien if 

7 accompanying or following to join such alien.’’. 

8 (d) TIMELY ADJUDICATION OF REFUGEE AND

9 ASYLEE FAMILY REUNIFICATION PETITIONS.—Title II of 

10 the Immigration and Nationality Act (8 U.S.C. 1151 et 

11 seq.) is amended— 

12 (1) in section 207(c)(2), as amended by sub13 section (c), by adding at the end the following: 

14 ‘‘(D) The Secretary shall ensure that the application 

15 of an alien who is following to join a refugee who qualifies 

16 for admission under paragraph (1) is adjudicated not later 

17 than 90 days after the submission of such application.’’; 

18 and 

19 (2) in section 208(b)(3), as amended by section 

20 15(a)(2), by adding at the end the following: 

21 ‘‘(D) TIMELY ADJUDICATION.—The Sec22 retary shall ensure that the application of each 

23 alien described in subparagraph (A) who applies 

24 to follow an alien granted asylum under this 


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1 subsection is adjudicated not later than 90 days 

2 after the submission of such application.’’. 

3 SEC. 21. REFORM OF REFUGEE CONSULTATION PROCESS. 

4 Section 207 of the Immigration and Nationality Act 

5 (8 U.S.C. 1157) is amended— 

6 (1) in subsection (a), by adding at the end the 

7 following: 

8 ‘‘(5) All officers of the Federal Government respon9 sible for refugee admissions or refugee resettlement shall 

10 treat the determinations made under this subsection and 

11 subsection (b) as the refugee admissions goal for the fiscal 

12 year.’’; 

13 (2) in subsection (d), by adding at the end the 

14 following: 

15 ‘‘(4) Not later than 15 days after the last day of each 

16 calendar quarter, the President shall submit a report to 

17 the Committee on the Judiciary of the Senate and the 

18 Committee on the Judiciary of the House of Representa19 tives that contains— 

20 ‘‘(A) the number of refugees who were admitted 

21 during the previous quarter; 

22 ‘‘(B) the percentage of those arrivals against 

23 the refugee admissions goal for such quarter; 


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1 ‘‘(C) the cumulative number of refugees who 

2 were admitted during the fiscal year as of the end 

3 of such quarter; 

4 ‘‘(D) the number of refugees to be admitted 

5 during the remainder of the fiscal year in order to 

6 meet the refugee admissions goal for the fiscal year; 

7 and 

8 ‘‘(E) a plan that describes the procedural or 

9 personnel changes necessary to achieve the refugee 

10 admissions goal for the fiscal year.’’; and 

11 (3) in subsection (e)— 

12 (A) by redesignating paragraphs (1) 

13 through (7) as subparagraphs (A) through (G), 

14 respectively; 

15 (B) in the matter preceding subparagraph 

16 (A), as redesignated— 

17 (i) by inserting ‘‘(1)’’ after ‘‘(e)’’; and 

18 (ii) by inserting ‘‘, which shall be com19 menced not later than May 1 of each year 

20 and continue periodically throughout the 

21 remainder of the year, if necessary,’’ after 

22 ‘‘discussions in person’’; 

23 (C) by striking ‘‘To the extent possible,’’ 

24 and inserting the following: 

25 ‘‘(2) To the extent possible’’; and 


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

2 ‘‘(3)(A) The plans referred to in paragraph (1)(C) 

3 shall include estimates of— 

4 ‘‘(i) the number of refugees the President ex5 pects to have ready to travel to the United States 

6 at the beginning of the fiscal year; 

7 ‘‘(ii) the number of refugees and the stipulated 

8 populations the President expects to admit to the 

9 United States in each quarter of the fiscal year; and 

10 ‘‘(iii) the number of refugees the President ex11 pects to have ready to travel to the United States 

12 at the end of the fiscal year. 

13 ‘‘(B) The Secretary of Homeland Security shall en14 sure that an adequate number of refugees are processed 

15 during the fiscal year to fulfill the refugee admissions 

16 goals under subsections (a) and (b).’’. 

17 SEC. 22. ADMISSION OF REFUGEES IN THE ABSENCE OF 

18 THE ANNUAL PRESIDENTIAL DETERMINA19 TION. 

20 Section 207(a) of the Immigration and Nationality 

21 Act (8 U.S.C. 1157(a)) is amended— 

22 (1) by striking paragraph (1); 

23 (2) by redesignating paragraphs (2), (3), (4), 

24 and (5) as paragraphs (1), (2), (3), and (4), respec25 tively; 


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1 (3) in paragraph (1), as redesignated— 

2 (A) by striking ‘‘after fiscal year 1982’’; 

3 and 

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

5 the President does not issue a determination 

6 under this paragraph before the beginning of a 

7 fiscal year, the number of refugees that may be 

8 admitted under this section in each quarter be9 fore the issuance of such determination shall be 

10 25 percent of the number of refugees admissible 

11 under this section during the previous fiscal 

12 year.’’; and 

13 (4) in paragraph (3), as redesignated, by strik14 ing ‘‘(beginning with fiscal year 1992)’’. 

15 SEC. 23. UPDATE OF RECEPTION AND PLACEMENT GRANTS. 

16 Beginning with fiscal year 2012, not later than 30 

17 days before the beginning of each fiscal year, the Secretary 

18 shall notify Congress of the amount of funds that the Sec19 retary will provide in its Reception and Placement Grants 

20 in the coming fiscal year. In setting the amount of such 

21 grants each year, the Secretary shall ensure that— 

22 (1) the grant amount is adjusted so that it is 

23 adequate to provide for the anticipated initial reset24 tlement needs of refugees, including adjusting the 

25 amount for inflation and the cost of living; 


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1 (2) an amount is provided at the beginning of 

2 the fiscal year to each national resettlement agency 

3 that is sufficient to ensure adequate local and na4 tional capacity to serve the initial resettlement needs 

5 of refugees the Secretary anticipates the agency will 

6 resettle throughout the fiscal year; and 

7 (3) additional amounts are provided to each na8 tional resettlement agency promptly upon the arrival 

9 of refugees that, exclusive of the amounts provided 

10 pursuant to paragraph (2), are sufficient to meet the 

11 anticipated initial resettlement needs of such refu12 gees and support local and national operational costs 

13 in excess of the estimates described in paragraph 

14 (1). 

15 SEC. 24. PROTECTION FOR ALIENS INTERDICTED AT SEA. 

16 Section 241(b)(3) of the Immigration and Nationality 

17 Act (8 U.S.C. 1231(b)(3)) is amended— 

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

19 A COUNTRY WHERE ALIEN’S LIFE OR FREEDOM

20 WOULD BE THREATENED’’ and inserting ‘‘OR RE21 TURN IF REFUGEE’S LIFE OR FREEDOM WOULD BE

22 THREATENED OR ALIEN WOULD BE SUBJECTED TO

23 TORTURE’’; 

24 (2) in subparagraph (A)— 


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1 (A) by striking ‘‘Notwithstanding’’ and in2 serting the following: 

3 ‘‘(i) LIFE OR FREEDOM THREAT4 ENED.—Notwithstanding’’; and 

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

6 ‘‘(ii) ASYLUM INTERVIEW.—Notwith7 standing paragraphs (1) and (2), a United 

8 States officer may not return any alien 

9 interdicted or otherwise encountered in 

10 international waters or United States 

11 waters who has expressed a fear of return 

12 to his or her country of departure, origin, 

13 or last habitual residence— 

14 ‘‘(I) until such alien has had the 

15 opportunity to be interviewed by an 

16 asylum officer to determine whether 

17 that alien has a well-founded fear of 

18 persecution because of the alien’s 

19 race, religion, nationality, membership 

20 in a particular social group, or polit21 ical opinion, or because the alien 

22 would be subject to torture in that 

23 country; or 

24 ‘‘(II) if an asylum officer has de25 termined that the alien has such a 


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1 well-founded fear of persecution or 

2 would be subject to torture in his or 

3 her country of departure, origin, or 

4 last habitual residence.’’; 

5 (3) by redesignating subparagraphs (B) and 

6 (C) as subparagraphs (C) and (D), respectively; and 

7 (4) by inserting after subparagraph (A) the fol8 lowing: 

9 ‘‘(B) PROTECTIONS FOR ALIENS INTER10 DICTED IN INTERNATIONAL OR UNITED STATES

11 WATERS.—The Secretary of Homeland Security 

12 shall issue regulations establishing a uniform 

13 procedure applicable to all aliens interdicted in 

14 international or United States waters that— 

15 ‘‘(i) provides each alien— 

16 ‘‘(I) a meaningful opportunity to 

17 express, through a translator who is 

18 fluent in a language the alien claims 

19 to understand, a fear of return to his 

20 or her country of departure, origin, or 

21 last habitual residence; and 

22 ‘‘(II) in a confidential setting and 

23 in a language the alien claims to un24 derstand, information concerning the 

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1 ity to inform United States officers 

2 about any fears relating to the alien’s 

3 return or repatriation; 

4 ‘‘(ii) provides each alien expressing 

5 such a fear of return or repatriation a con6 fidential interview conducted by an asylum 

7 officer, in a language the alien claims to 

8 understand, to determine whether the 

9 alien’s return to his or her country of ori10 gin or country of last habitual residence is 

11 prohibited because the alien has a well12 founded fear of persecution— 

13 ‘‘(I) because of the alien’s race, 

14 religion, nationality, membership in a 

15 particular social group, or political 

16 opinion; or 

17 ‘‘(II) because the alien would be 

18 subject to torture in that country; 

19 ‘‘(iii) ensures that each alien can ef20 fectively communicate with United States 

21 officers through the use of a translator flu22 ent in a language the alien claims to un23 derstand; and 

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1 cer, has a well-founded fear of persecution 

2 for the reasons specified in clause (ii) or 

3 would be subject to torture, an opportunity 

4 to seek protection in— 

5 ‘‘(I) a country other than the 

6 alien’s country of origin or country of 

7 last habitual residence in which the 

8 alien has family or other ties that will 

9 facilitate resettlement; or 

10 ‘‘(II) if the alien has no such 

11 ties, a country that will best facilitate 

12 the alien’s resettlement, which may in13 clude the United States.’’. 

14 SEC. 25. MODIFICATION OF PHYSICAL PRESENCE REQUIRE15 MENTS FOR ALIENS SERVING AS TRANS16 LATORS. 

17 (a) IN GENERAL.—Section 1059(e)(1) of the Na18 tional Defense Authorization Act for Fiscal Year 2006 

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

20 to read as follows: 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) CONTINUOUS RESIDENCE.—An ab23 sence from the United States described in para24 graph (2) shall not be considered to break any 

25 period for which continuous residence in the 


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1 United States is required for naturalization 

2 under title III of the Immigration and Nation3 ality Act (8 U.S.C. 1401 et seq.). 

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

5 a lawful permanent resident, for an absence 

6 from the United States described in paragraph 

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

8 in the capacity described in paragraph (2) shall 

9 be counted towards the accumulation of the re10 quired physical presence in the United States.’’. 

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

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

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

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

15 translators and interpreters who may be admitted to the 

16 United States as special immigrants, and for other pur17 poses’’, approved June 15, 2007 (Public Law 110–36; 121 

18 Stat. 227). 

19 SEC. 26. ASSESSMENT OF THE REFUGEE DOMESTIC RESET20 TLEMENT PROGRAM. 

21 (a) IN GENERAL.—As soon as practicable after the 

22 date of the enactment of this Act, the Comptroller General 

23 of the United States shall conduct a study regarding the 

24 effectiveness of the domestic refugee resettlement pro25 grams operated by the Office of Refugee Resettlement. 


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1 (b) MATTERS TO BE STUDIED.—In the study re2 quired under subsection (a), the Comptroller General shall 

3 determine and analyze— 

4 (1) how the Office of Refugee Resettlement de5 fines self-sufficiency; 

6 (2) if this definition is adequate in addressing 

7 refugee needs in the United States; 

8 (3) the effectiveness of the Office of Refugee 

9 Resettlement programs in helping refugees to meet 

10 self-sufficiency; 

11 (4) an analysis of the unmet needs of the pro12 grams; 

13 (5) an evaluation of the Office of Refugee Re14 settlement’s budgetary resources and projection of 

15 the amount of additional resources needed to fully 

16 address the unmet needs of refugees with regard to 

17 self-sufficiency; 

18 (6) the role of community-based organizations 

19 in serving refugees in areas experiencing a high 

20 number of new refugee arrivals; 

21 (7) an analysis of how community based organi22 zations can be better utilized and supported in the 

23 Federal domestic resettlement process; and 

24 (8) recommendations on statutory changes to 

25 improve the Office of Refugee Resettlement and the 


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1 domestic refugee program in relation to the matters 

2 analyzed under paragraphs (1) through (7). 

3 (c) REPORT.—Not later than 2 years after the date 

4 of the enactment of this Act, the Comptroller General shall 

5 submit a report to Congress that contains the results of 

6 the study required under subsection (a). 

7 SEC. 27. REFUGEE ASSISTANCE. 

8 (a) AMENDMENTS TO THE SOCIAL SERVICES FUND9 ING.—Section 412(c)(1)(B) of the Immigration and Na10 tionality Act (8 U.S.C. 1522(c)(1)(B)) is amended to read 

11 as follows: 

12 ‘‘(B) The funds available for a fiscal year for 

13 grants and contracts under subparagraph (A) shall 

14 be allocated among the States based on a combina15 tion of— 

16 ‘‘(i) the total number or refugees (includ17 ing children and adults) who arrived in the 

18 United States not more than 36 months before 

19 the beginning of such fiscal year and are actu20 ally residing in each State (taking into account 

21 secondary migration) as of the beginning of the 

22 fiscal year; 

23 ‘‘(ii) the total number of all other eligible 

24 populations served by the Office during the peVerDate Mar 15 2010 23:35 Jun 17, 2011 Jkt 099200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H2185.IH H2185

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1 riod described who are residing in the State as 

2 of the beginning of the fiscal year; and 

3 ‘‘(iii) projections on the number and na4 ture of incoming refugees and other populations 

5 served by the Office during the subsequent fis6 cal year.’’. 

7 (b) REPORT ON SECONDARY MIGRATION.—Section 

8 412(a)(3) of such Act (814 U.S.C. 1522(a)(3)) is amend9 ed— 

10 (1) by striking ‘‘a periodic’’ and inserting ‘‘an 

11 annual’’; and 

12 (2) by adding at the end the following: ‘‘At the 

13 end of each fiscal year, the Assistant Secretary shall 

14 submit a report to Congress that describes the find15 ings of the assessment, including States experiencing 

16 departures and arrivals due to secondary migration, 

17 likely reasons for migration, the impact of secondary 

18 migration on States hosting secondary migrants, 

19 availability of social services for secondary migrants 

20 in those States, and unmet needs of those secondary 

21 migrants.’’. 

22 (c) ASSISTANCE MADE AVAILABLE TO SECONDARY

23 MIGRANTS.—Section 412(a)(1) of such Act (8 U.S.C. 

24 1522(a)(1)) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(C) When providing assistance under this sec2 tion, the Assistant Secretary shall ensure that such 

3 assistance is provided to refugees who are secondary 

4 migrants and meet all other eligibility requirements 

5 for such services.’’. 

6 (d) NOTICE AND RULEMAKING.—Not later than 90 

7 days after the date of enactment of this Act, but in no 

8 event later than 30 days before the effective date of the 

9 amendments made by this section, the Assistant Secretary 

10 shall— 

11 (1) issue a proposed rule of the new formula by 

12 which grants and contracts are to be allocated pur13 suant to the amendments made by subsection (c); 

14 and 

15 (2) solicit public comment. 

16 (e) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the first day of the first 

18 fiscal year that begins after the date of the enactment of 

19 this Act. 

20 SEC. 28. RESETTLEMENT DATA. 

21 (a) IN GENERAL.—The Assistant Secretary of Health 

22 and Human Services for Refugee and Asylee Resettlement 

23 (referred to in this section as the ‘‘Assistant Secretary’’) 

24 shall expand the Office of Refugee Resettlement’s data 


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1 analysis, collection, and sharing activities in accordance 

2 with this section. 

3 (b) DATA ON MENTAL AND PHYSICAL MEDICAL

4 CASES.—The Assistant Secretary shall coordinate with 

5 the Centers for Disease Control, national resettlement 

6 agencies, community based organizations, and State ref7 ugee health programs to track national and State trends 

8 on refugees arriving with Class A medical conditions and 

9 other urgent medical needs. In collecting information 

10 under this subsection, the Assistant Secretary shall utilize 

11 initial refugee health screening data, including history of 

12 severe trauma, torture, mental health symptoms, depres13 sion, anxiety and post traumatic stress disorder, recorded 

14 during domestic and international health screenings, and 

15 Refugee Medical Assistance utilization rate data. 

16 (c) DATA ON HOUSING NEEDS.—The Assistant Sec17 retary shall partner with State refugee programs, commu18 nity based organizations, and national resettlement agen19 cies to collect data relating to the housing needs of refu20 gees, including— 

21 (1) the number of refugees who have become 

22 homeless; and 

23 (2) the number of refugees at severe risk of be24 coming homeless. 


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1 (d) DATA ON REFUGEE EMPLOYMENT AND SELF2 SUFFICIENCY.—The Assistant Secretary shall gather lon3 gitudinal information relating to refugee self-sufficiency 

4 and employment status for 2-year period beginning 1 year 

5 after the refugee’s arrival. 

6 (e) AVAILABILITY OF DATA.—The Assistant Sec7 retary shall annually— 

8 (1) update the data collected under this section; 

9 and 

10 (2) submit a report to Congress that contains 

11 the updated data. 

12 SEC. 29. PROTECTIONS FOR REFUGEES. 

13 Section 209 (8 U.S.C. 1159) is amended— 

14 (1) in subsection (a)(1), by striking ‘‘return or 

15 be returned to the custody of the Department of 

16 Homeland Security for inspection and examination 

17 for admission to the United States as an immigrant 

18 in accordance with the provisions of sections 235, 

19 240, and 241’’ and inserting ‘‘be eligible for adjust20 ment of status as an immigrant to the United 

21 States’’; 

22 (2) in subsection (a)(2), by striking ‘‘upon in23 spection and examination’’; and 

24 (3) in subsection (c), by adding at the end the 

25 following: ‘‘An application for adjustment under this 


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1 section may be filed up to 3 months before the date 

2 the applicant would first otherwise be eligible for ad3 justment under this section.’’. 

4 SEC. 30. EXTENSION OF ELIGIBILITY PERIOD FOR SOCIAL 

5 SECURITY BENEFITS FOR CERTAIN REFU6 GEES. 

7 (a) EXTENSION OF ELIGIBILITY PERIOD.— 

8 (1) IN GENERAL.—Section 402(a)(2)(M)(i) of 

9 the Personal Responsibility and Work Opportunity 

10 Reconciliation Act of 1996 (8 U.S.C. 

11 1612(a)(2)(M)(i)) is amended— 

12 (A) in subclause (I), by striking ‘‘9-year’’ 

13 and inserting ‘‘10-year’’; and 

14 (B) in subclause (II), by striking ‘‘2-year’’ 

15 and inserting ‘‘3-year’’. 

16 (2) CONFORMING AMENDMENT.—The heading 

17 for section 402(a)(2)(M)(i) of such Act is amended 

18 by striking ‘‘TWO-YEAR EXTENSION’’ and inserting 

19 ‘‘EXTENSION’’. 

20 (3) EFFECTIVE DATE.—The amendments made 

21 by this subsection take effect on October 1, 2011. 

22 (b) EXTENSION OF PERIOD FOR COLLECTION OF

23 UNEMPLOYMENT COMPENSATION DEBTS RESULTING

24 FROM FRAUD.—Paragraph (8) of section 6402(f) of the 

25 Internal Revenue Code of 1986 (relating to collection of 


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1 unemployment compensation debts resulting from fraud) 

2 is amended by striking ‘‘10 years’’ and inserting ‘‘10 years 

3 and 2 months’’. 

4 SEC. 31. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated such sums 

6 as may be necessary to carry out this Act, and the amend7 ments made by this Act. 

8 SEC. 32. DETERMINATION OF BUDGETARY EFFECTS. 

9 The budgetary effects of this Act, for the purpose of 

10 complying with the Statutory Pay-As-You-Go Act of 2010, 

11 shall be determined by reference to the latest statement 

12 titled ‘Budgetary Effects of PAYGO Legislation’ for this 

13 Act, jointly submitted for printing in the Congressional 

14 Record by the Chairmen of the Senate Budget Committee, 

15 provided that such statement has been submitted prior to 

16 the vote on passage. 

Æ 


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