II 

111TH CONGRESS 

2D SESSION S. 3113 

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 SENATE OF THE UNITED STATES 

MARCH 15, 2010 

Mr. LEAHY (for himself and Mr. LEVIN) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

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 2010’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

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

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


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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 and detention of asylum seekers. 

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. Lawful permanent resident status of refugees and asylum seekers 

granted asylum. 

Sec. 15. Protections for minors seeking asylum. 

Sec. 16. Multiple forms of relief. 

Sec. 17. Protection of refugee families. 

Sec. 18. Reform of refugee consultation process and refugee processing. 

Sec. 19. Admission of refugees in the absence of the annual presidential determination. 

Sec. 20. Authority to designate certain groups of refugees for consideration. 

Sec. 21. Update of reception and placement grants. 

Sec. 22. Legal assistance for refugees and asylees. 

Sec. 23. Protection for aliens interdicted at sea. 

Sec. 24. Protection of stateless persons in the United States. 

Sec. 25. Authorization of appropriations. 

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); 

9 (ii) any alien who indicates an inten10 tion to apply for asylum under that sec11 tion; and 

12 (iii) any alien who indicates an inten13 tion to apply for withholding of removal, 

14 pursuant to— 


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1 (I) section 241 of the Immigra2 tion and Nationality Act (8 U.S.C. 

3 1231); or 

4 (II) the Convention Against Tor5 ture and Other Cruel, Inhuman or 

6 Degrading Treatment or Punishment, 

7 done at New York December 10, 

8 1984; 

9 (B) includes any individual described in 

10 subparagraph (A) whose application for asylum 

11 or withholding of removal is pending judicial re12 view; and 

13 (C) does not include an individual with re14 spect to whom a final order denying asylum and 

15 withholding of removal has been entered if such 

16 order is not pending judicial review. 

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

18 the Secretary of Homeland Security. 

19 SEC. 3. ELIMINATION OF ARBITRARY TIME LIMITS ON ASY20 LUM APPLICATIONS. 

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

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

23 (1) by striking subparagraph (B); 

24 (2) by redesignating subparagraphs (C) and 

25 (D) as subparagraphs (B) and (C), respectively; 


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

2 striking ‘‘(D)’’ and inserting ‘‘(C)’’; and 

3 (4) by striking subparagraph (C), as redesig4 nated, and inserting the following: 

5 ‘‘(C) CHANGED CIRCUMSTANCES.—Not6 withstanding subparagraph (B), an application 

7 for asylum of an alien may be considered if the 

8 alien demonstrates, to the satisfaction of the 

9 Attorney General, the existence of changed cir10 cumstances that materially affect the appli11 cant’s eligibility for asylum.’’. 

12 SEC. 4. PROTECTING VICTIMS OF TERRORISM FROM BEING 

13 DEFINED AS TERRORISTS. 

14 Section 212(a)(3)(B) of the Immigration and Nation15 ality Act (8 U.S.C. 1182(a)(3)(B)) is amended— 

16 (1) in clause (i)— 

17 (A) by amending subclause (IX) to read as 

18 follows: 

19 ‘‘(IX) is an officer, official, rep20 resentative, or spokesman of the Pal21 estine Liberation Organization,’’; and 

22 (B) by striking the matter following sub23 clause (IX) and inserting the following: 

24 ‘‘ ‘‘is inadmissible.’’; 


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1 (2) in clause (iii), by inserting ‘‘which is in2 tended to intimidate or coerce a civilian population 

3 or to influence the policy of a government by intimi4 dation or coercion and’’ after ‘‘means any activity’’; 

5 (3) in clause (iv)(VI), by inserting ‘‘(other than 

6 as the result of coercion)’’ after ‘‘to commit an act’’; 

7 (4) in clause (vi)— 

8 (A) in subclause (I), by adding ‘‘or’’ at the 

9 end; 

10 (B) in subclause (II), by striking ‘‘; or’’ 

11 and inserting a period; and 

12 (C) by striking subclause (III); and 

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

14 ‘‘(vii) As used in this paragraph, the 

15 term, ‘coercion’ means— 

16 ‘‘(I) serious harm, including re17 straint against any person; or 

18 ‘‘(II) any scheme, plan, or pat19 tern intended to cause a person to be20 lieve that failure to perform an act 

21 would result in serious harm to, or re22 straint against, any person.’’. 


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1 SEC. 5. PROTECTING CERTAIN VULNERABLE GROUPS OF 

2 ASYLUM SEEKERS. 

3 (a) DEFINED TERM.—Section 101(a)(42) of the Im4 migration and Nationality Act (8 U.S.C. 1101(a)(42)) is 

5 amended to read as follows: 

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

7 who— 

8 ‘‘(i)(I) is outside any country of such per9 son’s nationality or, in the case of a person hav10 ing no nationality, is outside any country in 

11 which such person last habitually resided; and 

12 ‘‘(II) is unable to return to, and is unable 

13 or unwilling to avail himself or herself of the 

14 protection of, that country because of persecu15 tion, or a well-founded fear of persecution, on 

16 account of race, religion, nationality, member17 ship in a particular social group, or political 

18 opinion; or 

19 ‘‘(ii) in such circumstances as the Presi20 dent may specify, after appropriate consultation 

21 (as defined in section 207(e))— 

22 ‘‘(I) is within the country of such per23 son’s nationality or, in the case of a person 

24 having no nationality, within the country 

25 in which such person is habitually residing; 

26 and 


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1 ‘‘(II) is persecuted, or who has a well2 founded fear of persecution, on account of 

3 race, religion, nationality, membership in a 

4 particular social group, or political opinion. 

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

6 person who ordered, incited, assisted, or otherwise 

7 participated, other than as a result of coercion (as 

8 defined in section 212(a)(3)(B)(vii)), in the persecu9 tion of any person on account of race, religion, na10 tionality, membership in a particular social group, or 

11 political opinion. 

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

13 Act— 

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

15 a pregnancy or to undergo involuntary steriliza16 tion, or who has been persecuted for failure or 

17 refusal to undergo such a procedure or for 

18 other resistance to a coercive population control 

19 program, shall be deemed to have been per20 secuted on account of political opinion; and 

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

22 that he or she will be forced to undergo such 

23 a procedure or subject to persecution for such 

24 failure, refusal, or resistance shall be deemed to 


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1 have a well-founded fear of persecution on ac2 count of political opinion. 

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

4 Act, any group whose members share a char5 acteristic that is either immutable or fundamental to 

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

7 human rights such that the person should not be re8 quired to change it, shall be deemed a particular so9 cial group, without any additional requirement.’’. 

10 (b) CONDITIONS FOR GRANTING ASYLUM.—Section 

11 208(b)(1)(B) of the Immigration and Nationality Act (8 

12 U.S.C. 1158(b)(1)(B)) is amended— 

13 (1) in clause (i), by striking ‘‘at least one cen14 tral reason for persecuting the applicant’’ and in15 serting ‘‘a factor in the applicant’s persecution or 

16 fear of persecution’’; 

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

18 and inserting the following: ‘‘If the trier of fact de19 termines that the applicant should provide evidence 

20 that corroborates otherwise credible testimony, the 

21 trier of fact shall provide notice and allow the appli22 cant a reasonable opportunity to file such evidence 

23 unless the applicant does not have the evidence and 

24 cannot reasonably obtain the evidence.’’; 

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


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

2 ‘‘(iii) SUPPORTING EVIDENCE ACCEPT3 ED.—Direct or circumstantial evidence, in4 cluding evidence that the State is unable to 

5 protect the applicant or that State legal or 

6 social norms tolerate such persecution 

7 against persons like the applicant, may es8 tablish that persecution is on account of 

9 race, religion, nationality, membership in a 

10 particular social group, or political opin11 ion.’’; and 

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

13 ‘‘, without regard to whether an inconsistency, inac14 curacy, or falsehood goes to the heart of the appli15 cant’s claim, or any other relevant factor.’’ and in16 serting ‘‘. If the trier of fact determines that there 

17 are inconsistencies or omissions, the alien shall be 

18 given an opportunity to explain and to provide sup19 port or evidence to clarify such inconsistencies or 

20 omissions.’’. 

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

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

23 1229a(c)(4)) is amended— 

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

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


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1 fact determines that the applicant should provide 

2 evidence that corroborates otherwise credible testi3 mony, the trier of fact shall provide notice and allow 

4 the applicant a reasonable opportunity to file such 

5 evidence unless the applicant does not have the evi6 dence and cannot reasonably obtain the evidence.’’; 

7 and 

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

9 regard to whether an inconsistency, inaccuracy, or 

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

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

12 trier of fact determines that there are inconsist13 encies or omissions, the alien shall be given an op14 portunity to explain and to provide support or evi15 dence to clarify such inconsistencies or omissions.’’. 

16 SEC. 6. EFFECTIVE ADJUDICATION OF PROCEEDINGS. 

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

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

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

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

21 regulations of the Attorney General’’ and inserting 

22 ‘‘The Attorney General shall promulgate regulations 

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

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

25 the end and inserting a semicolon; 


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1 (3) by redesignating subparagraph (C) as sub2 paragraph (D); and 

3 (4) by inserting after subparagraph (B) the fol4 lowing: 

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

6 of the Attorney General, may appoint counsel to 

7 represent an alien if the fair resolution or effec8 tive adjudication of the proceedings would be 

9 served by appointment of counsel; and’’. 

10 SEC. 7. SCOPE AND STANDARD FOR REVIEW. 

11 Section 242(b) of the Immigration and Nationality 

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

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

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

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

16 writing that he or she wishes to be removed before 

17 the expiration of such period.’’; and 

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

19 following: 

20 ‘‘(4) SCOPE AND STANDARD FOR REVIEW.—Ex21 cept as provided in paragraph (5)(B), the court of 

22 appeals shall sustain a final decision ordering re23 moval unless it is contrary to law, an abuse of dis24 cretion, or not supported by substantial evidence. 

25 The court of appeals shall decide the petition only 


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1 on the administrative record on which the order of 

2 removal is based.’’. 

3 SEC. 8. EFFICIENT ASYLUM DETERMINATION PROCESS 

4 AND DETENTION OF ASYLUM SEEKERS. 

5 (a) IN GENERAL.—Section 235(b)(1)(B) of the Im6 migration and Nationality Act (8 U.S.C. 1225(b)(1)(B)) 

7 is amended— 

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

9 for further consideration of the application for asy10 lum’’ and inserting ‘‘may, in the Secretary’s discre11 tion, be detained for further consideration of the ap12 plication for asylum by an asylum officer designated 

13 by the Director of United States Citizenship and Im14 migration Services. The asylum officer, after con15 ducting a nonadversarial asylum interview, may 

16 grant asylum to the alien under section 208 or refer 

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

18 a de novo asylum determination, for relief under the 

19 Convention Against Torture and Other Cruel, Inhu20 man or Degrading Treatment or Punishment, done 

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

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

23 (2) in clause (iii)(IV)— 

24 (A) by amending the subclause heading to 

25 read as follows: 


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1 ‘‘(IV) DETENTION.—’’; and 

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

3 ‘‘may, in the Secretary’s discretion,’’; and 

4 (3) by inserting after clause (v) the following: 

5 ‘‘(vi) PAROLE OF CERTAIN ALIENS.— 

6 Any alien subject to detention under clause 

7 (iii)(IV) who has established identity and 

8 been determined to have a credible fear of 

9 persecution shall be released from the cus10 tody of the Department of Homeland Secu11 rity not later than 7 days after such deter12 mination unless the Department dem13 onstrates by substantial evidence that the 

14 alien— 

15 ‘‘(I) poses a risk to public safety, 

16 which may include a risk to national 

17 security; or 

18 ‘‘(II) is a flight risk, which can19 not be mitigated through other condi20 tions of release, such as bond or se21 cure alternatives, that would reason22 ably ensure that the alien would ap23 pear for immigration proceedings. 

24 ‘‘(vii) REVIEW OF DETENTION.—If an 

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1 lease from detention, the Attorney General 

2 shall— 

3 ‘‘(I) not later than 7 days after 

4 such denial, review the parole deter5 mination through a hearing before an 

6 immigration judge, who shall deter7 mine whether the alien should be pa8 roled and any conditions of such re9 lease; and 

10 ‘‘(II) notify the detained alien 

11 and the alien’s legal representative of 

12 the reason for such denial, orally and 

13 in writing, in a language the alien 

14 claims to understand. 

15 ‘‘(viii) WAIVER.—The alien may waive 

16 the 7-day review requirement under clause 

17 (vii)(I) and request a review at a later 

18 time. Any alien whose parole request has 

19 been reviewed and denied under clause 

20 (vii)(I) may request another review and de21 termination upon showing that there was a 

22 material change in circumstances since the 

23 last review.’’. 

24 (b) RULEMAKING.—The Secretary and the Attorney 

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1 ess for reviewing the eligibility of aliens for parole in ac2 cordance with clause (vi) and (vii) of section 235(b)(1)(B) 

3 of the Immigration and Nationality Act, as amended by 

4 subsection (a). 

5 SEC. 9. SECURE ALTERNATIVES PROGRAM. 

6 (a) ESTABLISHMENT.—The Secretary shall establish 

7 the Secure Alternatives Program (referred to in this sec8 tion as the ‘‘Program’’) under which an alien who has 

9 been detained may be released under enhanced super10 vision— 

11 (1) to prevent the alien from absconding; 

12 (2) to ensure that the alien makes appearances 

13 related to such detention; and 

14 (3) to authorize and promote the utilization of 

15 alternatives to detention of asylum seekers. 

16 (b) PROGRAM REQUIREMENTS.— 

17 (1) NATIONWIDE IMPLEMENTATION.—The Sec18 retary shall facilitate the nationwide implementation 

19 of the Program. 

20 (2) UTILIZATION OF ALTERNATIVES.—The Pro21 gram shall utilize a continuum of alternatives based 

22 on the alien’s need for supervision, which may in23 clude placement of the alien— 

24 (A) with an individual or organizational 

25 sponsor; or 


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1 (B) in a supervised group home. 

2 (3) PROGRAM ELEMENTS.—The Program shall 

3 include— 

4 (A) individualized case management by an 

5 assigned case supervisor; and 

6 (B) referral to community-based providers 

7 of legal and social services. 

8 (4) RESTRICTIVE ELECTRONIC MONITORING.— 

9 (A) IN GENERAL.—Restrictive electronic 

10 monitoring devices, such as ankle bracelets, 

11 may not be used unless there is a demonstrated 

12 need for such enhanced monitoring. 

13 (B) PERIODIC REVIEW.—The Secretary 

14 shall periodically review any decision to require 

15 the use of devices described in subparagraph 

16 (A). 

17 (5) ALIENS ELIGIBLE FOR SECURE ALTER18 NATIVES PROGRAM.— 

19 (A) IN GENERAL.—Asylum seekers shall be 

20 eligible to participate in the Program. 

21 (B) PROGRAM DESIGN.—The Program 

22 shall be designed to ensure sufficient super23 vision of the population described in subpara24 graph (A). 


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1 (6) CONTRACTS.—The Secretary shall enter 

2 into contracts with qualified nongovernmental enti3 ties to implement the Program. 

4 (7) OTHER CONSIDERATIONS.—In designing the 

5 Program, the Secretary shall— 

6 (A) consult with relevant experts; and 

7 (B) consider programs that have proven 

8 successful in the past, including the Appearance 

9 Assistance Program developed by the Vera In10 stitute of Justice. 

11 SEC. 10. CONDITIONS OF DETENTION. 

12 (a) RULEMAKING.—The Secretary shall promulgate 

13 regulations that— 

14 (1) authorize and promote the utilization of al15 ternatives to detention of asylum seekers; 

16 (2) establish the conditions for detention of asy17 lum seekers that ensure a safe and humane environ18 ment; and 

19 (3) include the rights and procedures set forth 

20 in subsections (c) through (h). 

21 (b) DEFINITIONS.—In this section: 

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

23 an individual who is detained under the authority of 

24 United States Immigration and Customs Enforce25 ment. 


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1 (2) DETENTION FACILITY.—The term ‘‘deten2 tion facility’’ means any Federal, State, local govern3 ment facility, or privately owned and operated facil4 ity, which is being used to hold detainees longer 

5 than 72 hours. 

6 (3) SHORT-TERM DETENTION FACILITY.—The 

7 term ‘‘short-term detention facility’’ means any Fed8 eral, State, local government, or privately owned and 

9 operated facility that is used to hold immigration de10 tainees for not more than 72 hours. 

11 (4) GROUP LEGAL ORIENTATION PRESEN12 TATIONS.—The term ‘‘group legal orientation pres13 entations’’ means live group presentations, supple14 mented by individual orientations, pro se workshops, 

15 and pro bono referrals, that— 

16 (A) are carried out by private nongovern17 mental organizations; 

18 (B) are presented to detainees; 

19 (C) inform detainees about United States 

20 immigration law and procedures; and 

21 (D) enable detainees to determine their eli22 gibility for relief. 

23 (c) ACCESS TO LEGAL SERVICES.— 


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

2 detainees arriving at a detention facility shall 

3 promptly receive— 

4 (A) access to legal information, including 

5 an on-site law library with up-to-date legal ma6 terials and law databases; 

7 (B) free access to the necessary equipment 

8 and materials for legal research and cor9 respondence, such as computers, printers, copi10 ers, and typewriters; 

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

12 low-cost immigration legal service providers 

13 that— 

14 (i) are near such detention facility; 

15 and 

16 (ii) can assist those with limited 

17 English proficiency or disabilities; 

18 (D) confidential meeting space to confer 

19 with legal counsel; and 

20 (E) services to send confidential legal doc21 uments to legal counsel, government offices, 

22 and legal organizations. 

23 (2) GROUP LEGAL ORIENTATION PRESEN24 TATIONS.— 


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1 (A) ESTABLISHMENT OF A NATIONAL

2 LEGAL ORIENTATION SUPPORT AND TRAINING

3 CENTER.—The Attorney General, in consulta4 tion with the Secretary, shall establish a Na5 tional Legal Orientation Support and Training 

6 Center (referred to in this subsection as the 

7 ‘‘Center’’) to ensure quality and consistent im8 plementation of group legal orientation pro9 grams nationwide. 

10 (B) DUTIES.—The Center shall— 

11 (i) offer training to nonprofit agencies 

12 that will offer group legal orientation pro13 grams; 

14 (ii) consult with nonprofit agencies of15 fering group legal orientation programs re16 garding program development and sub17 stantive legal issues; and 

18 (iii) develop standards for group legal 

19 orientation programs. 

20 (C) PROCEDURES.—The Secretary shall 

21 establish procedures for regularly scheduled, 

22 group legal orientation presentations. 

23 (3) GRANTS AUTHORIZED.—The Attorney Gen24 eral shall establish a program to award grants to 

25 nongovernmental agencies to develop, implement, or 


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1 expand legal orientation programs for all detainees 

2 at a detention facility that offers such programs. 

3 (4) NOTIFICATION REQUIREMENT.—The Sec4 retary shall establish procedures to promptly notify 

5 detainees at a detention facility, orally and in writ6 ing in a language that the detainee claims to under7 stand, of— 

8 (A) their available release options; and 

9 (B) the procedures for requesting such op10 tions. 

11 (d) VISITS.— 

12 (1) LEGAL REPRESENTATION.—Detainees in 

13 detention facilities have the right to meet privately 

14 with current or prospective legal representatives, in15 terpreters, and other legal support staff for at least 

16 8 hours per day on regular business days and 4 

17 hours per day on weekends and holidays, subject to 

18 appropriate security procedures. Legal visits may 

19 only be restricted for narrowly defined exceptional 

20 circumstances, such as a natural disaster or com21 parable emergency. 

22 (2) PRO BONO ORGANIZATIONS.—Detention fa23 cilities shall prominently post, in detainee housing 

24 units and other appropriate areas, official lists of 

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1 mation. The Secretary shall update such lists semi2 annually. 

3 (3) RELIGIOUS, CULTURAL, AND SPIRITUAL

4 VISITORS.—Detainees have the right to reasonable 

5 access to religious or other qualified individuals to 

6 address religious, cultural, and spiritual consider7 ations. 

8 (4) CHILDREN.—Detainees have the right to 

9 regular, private contact visits with their children (as 

10 defined in section 101(b)(1) of the Immigration and 

11 Nationality Act (8 U.S.C. 1101(b)(1)). 

12 (e) QUALITY OF MEDICAL CARE.— 

13 (1) RIGHT TO MEDICAL CARE.—Each detainee 

14 has the right to— 

15 (A) prompt and adequate medical care, de16 signed to ensure continuity of care, at no cost 

17 to the detainee; 

18 (B) care to address medical needs that ex19 isted prior to detention; and 

20 (C) primary care, emergency care, chronic 

21 care, reproductive health care, prenatal care, 

22 dental care, eye care, mental health care, and 

23 other medically necessary specialized care. 

24 (2) SCREENINGS AND EXAMINATIONS.—Each 

25 detainee shall receive— 


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1 (A) a comprehensive medical, dental, and 

2 mental health intake screening, including 

3 screening for sexual abuse or assault, conducted 

4 by a licensed health care professional upon ar5 rival at a detention facility or short-term deten6 tion facility; and 

7 (B) a comprehensive medical and mental 

8 health examination by a licensed health care 

9 professional not later than 14 days after the de10 tainee’s arrival at a detention facility. 

11 (3) MEDICATIONS AND TREATMENT.— 

12 (A) PRESCRIPTIONS.—Each detainee tak13 ing prescribed medications prior to detention 

14 shall be allowed to continue taking such medica15 tions, on schedule and without interruption, 

16 until a licensed health care professional exam17 ines the immigration detainee and decides upon 

18 an alternative course of treatment. Detainees 

19 who arrive at a detention facility without pre20 scription medications and report being on spe21 cific prescription medications shall be evaluated 

22 by a qualified health care professional not later 

23 than 24 hours after such arrival. All decisions 

24 to discontinue or modify a detainee’s reported 

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1 veyed to the detainee in a language that the de2 tainee understands and recorded in writing in 

3 the detainee’s medical records. 

4 (B) PSYCHOTROPIC MEDICATION.—Medi5 cation may not be forcibly administered to a de6 tainee to facilitate transport, removal, or other7 wise to control the detainee’s behavior. Involun8 tary psychotropic medication may only be used, 

9 to the extent authorized by applicable law, in 

10 emergency situations after a physician has per11 sonally examined the detainee and determined 

12 that— 

13 (i) the detainee is imminently dan14 gerous to self or others due to a mental ill15 ness; and 

16 (ii) involuntary psychotropic medica17 tion is medically appropriate to treat the 

18 mental illness and necessary to prevent 

19 harm. 

20 (C) TREATMENT.—Each detainee shall be 

21 provided medically necessary treatment, includ22 ing prenatal care, prenatal vitamins, hormonal 

23 therapies, and birth control. Female detainees 

24 shall be provided with adequate access to sani25 tary products. 


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1 (4) MEDICAL CARE DECISIONS.—Any decision 

2 regarding requested medical care for a detainee— 

3 (A) shall be made in writing by an on-site 

4 licensed health care professional not later than 

5 72 hours after such medical care is requested; 

6 and 

7 (B) shall be immediately communicated to 

8 the detainee. 

9 (5) ADMINISTRATIVE APPEALS PROCESS.— 

10 (A) IN GENERAL.—The operators of deten11 tion facilities, in conjunction with the Depart12 ment of Homeland Security, shall ensure that 

13 detainees, medical providers, and legal rep14 resentatives are provided the opportunity to ap15 peal a denial of requested health care services 

16 by an on-site provider to an independent ap17 peals board. 

18 (B) APPEALS BOARD.—The appeals board 

19 shall include health care professionals in the 

20 fields relevant to the request for medical or 

21 mental health care. 

22 (C) DECISION.—Not later than 7 days 

23 after an appeal is received by the appeals board 

24 under this paragraph, or earlier if medically 

25 necessary, the appeals board shall— 


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1 (i) issue a written decision regarding 

2 the appeal; and 

3 (ii) notify the detention facility and 

4 the appellee, orally and in a writing in a 

5 language the appellee claims to under6 stand, of such decision. 

7 (6) REVIEW OF ON-SITE MEDICAL PROVIDER

8 REQUESTS.— 

9 (A) IN GENERAL.—The Secretary shall re10 spond within 72 hours to any request by an on11 site medical provider for authorization to pro12 vide medical or mental health care to a de13 tainee. 

14 (B) WRITTEN EXPLANATION.—If the Sec15 retary denies or fails to grant a request de16 scribed in subparagraph (A), the Secretary shall 

17 immediately provide a written explanation of 

18 the reasons for such decision to the on-site 

19 medical provider and the detainee. 

20 (C) APPEALS BOARD.—The on-site medical 

21 provider and the detainee (or the detainee’s 

22 legal representative) shall be permitted to ap23 peal the denial of, or failure to grant, a request 

24 described in subparagraph (A) to an inde25 pendent appeals board. 


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1 (D) DECISION.—Not later than 7 days 

2 after an appeal is received by the appeals board 

3 under this paragraph, or earlier if medically 

4 necessary, the appeals board shall— 

5 (i) issue a written decision regarding 

6 the appeal; 

7 (ii) notify the detainee of such deci8 sion, orally and in a writing in a language 

9 the detainee claims to understand; and 

10 (iii) notify the on-site medical provider 

11 and the detention facility of such decision. 

12 (7) CONDITIONAL RELEASE.— 

13 (A) IN GENERAL.—If a licensed health 

14 care professional determines that a detainee has 

15 a medical or mental health care condition, is 

16 pregnant, or is a nursing mother, the Secretary 

17 shall consider releasing the detainee on parole, 

18 on bond, or into a secure alternatives program. 

19 (B) REEVALUATION.—If a detainee de20 scribed in subparagraph (A) is not initially re21 leased under this paragraph, the Secretary shall 

22 periodically reevaluate the situation of the de23 tainee to determine if such a release would be 

24 appropriate. 


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1 (C) DISCHARGE PLANNING.—Upon re2 moval or release, all detainees with serious med3 ical or mental health conditions and women who 

4 are pregnant shall receive discharge planning to 

5 ensure continuity of care for a reasonable pe6 riod of time. 

7 (8) MEDICAL RECORDS.— 

8 (A) IN GENERAL.—The Secretary shall— 

9 (i) maintain complete, confidential 

10 medical records for each detainee and 

11 make such records available to the de12 tainee, or to individuals authorized by the 

13 detainee, not later than 72 hours after re14 ceiving a request for such records. 

15 (B) TRANSFER OF MEDICAL RECORDS.— 

16 Immediately upon a detainee’s transfer between 

17 detention facilities, the detainee’s complete 

18 medical records, including any transfer sum19 mary, shall be provided to the receiving deten20 tion facility. 

21 (f) TRANSFER OF DETAINEES.— 

22 (1) NOTICE.—Absent exigent circumstances, 

23 such as a natural disaster or comparable emergency, 

24 the Secretary shall provide written notice to any de25 tainee, orally and in a writing in a language the deVerDate Nov 24 2008 04:40 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3113.IS S3113

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•S 3113 IS

1 tainee claims to understand, not less than 72 hours 

2 before transferring such detainee to another deten3 tion facility. Not later than 24 hours after such 

4 transfer, the Secretary shall notify the detainee’s 

5 legal representative, or other person designated by 

6 the detainee of the transfer, by telephone and in 

7 writing. 

8 (2) PROCEDURES.—Absent exigent cir9 cumstances, such as a natural disaster or com10 parable emergency, the Secretary may not transfer 

11 a detainee to another detention facility if such trans12 fer would— 

13 (A) impair an existing attorney-client rela14 tionship; 

15 (B) prejudice the rights of the detainee in 

16 any legal proceeding, including any Federal, 

17 State, or administrative proceeding; or 

18 (C) negatively affect the detainee’s health, 

19 including by interrupting the continuity of med20 ical care or provision of prescription medication. 

21 (g) ACCESS TO TELEPHONES.— 

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

23 the commencement of a detention of a detainee, the 

24 detainee shall be provided reasonable access to a 


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1 telephone, with at least 1 working telephone avail2 able for every 25 detainees. 

3 (2) CONTACTS.—Each detainee has the right to 

4 contact by telephone, free of charge— 

5 (A) legal representatives; 

6 (B) nongovernmental organizations des7 ignated by the Secretary; 

8 (C) consular officials; 

9 (D) the United Nations High Commis10 sioner for Refugees; 

11 (E) Federal and State courts in which the 

12 detainee is, or may become, involved in a legal 

13 proceeding; and 

14 (F) all government immigration agencies 

15 and adjudicatory bodies, including the Office of 

16 the Inspector General of the Department of 

17 Homeland Security and the Office for Civil 

18 Rights and Civil Liberties of the Department of 

19 Homeland Security, through confidential toll20 free numbers. 

21 (3) EMERGENCIES.—Each detainee subject to 

22 expedited removal or who is experiencing a personal 

23 or family emergency, including the need to arrange 

24 care for dependents, shall be allowed to make con25 fidential calls at no charge. 


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1 (4) PRIVACY.—Each detainee has the right to 

2 hold private telephone conversations for the purpose 

3 of obtaining legal representation or related to legal 

4 matters. 

5 (5) RATES.—The Secretary shall ensure that 

6 rates charged in detention facilities for telephone 

7 calls are reasonable and do not significantly impair 

8 the detainee’s right to make telephone calls. 

9 (h) PHYSICAL AND SEXUAL ABUSE.— 

10 (1) IN GENERAL.—No detainee, whether in a 

11 detention facility or short-term detention facility, 

12 shall be subject to degrading or inhumane treatment 

13 such as physical abuse, sexual abuse or harassment, 

14 or arbitrary punishment. 

15 (2) PREVENTION.—The operators of detention 

16 facilities shall take all necessary measures— 

17 (A) to prevent sexual abuse and sexual as18 saults of detainees; 

19 (B) to provide medical and mental health 

20 treatment to victims of sexual abuse and sexual 

21 assaults; and 

22 (C) to comply fully with the national 

23 standards for the detection, prevention, reduc24 tion, and punishment of prison rape adopted 


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1 pursuant to section 8(a) of the Prison Rape 

2 Elimination Act of 2003 (42 U.S.C. 15607(a)). 

3 (i) LIMITATIONS ON SOLITARY CONFINEMENT, 

4 SHACKLING, AND STRIP SEARCHES.— 

5 (1) EXTRAORDINARY CIRCUMSTANCES.—Soli6 tary confinement, shackling, and strip searches of 

7 detainees— 

8 (A) may not be used unless such tech9 niques are necessitated by extraordinary cir10 cumstances in which the safety of other persons 

11 is at imminent risk; and 

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

13 humiliating detainees either within or outside 

14 the detention facility. 

15 (2) PROTECTED CLASSES.—Solitary confine16 ment, shackling, and strip searches may not be used 

17 on pregnant women, nursing mothers, women in 

18 labor or delivery, or children who are younger than 

19 18 years of age. Strip searches may not be con20 ducted in the presence of children who are younger 

21 than 21 years of age. 

22 (3) WRITTEN POLICIES.—Detention facilities 

23 shall— 

24 (A) adopt written policies pertaining to the 

25 use of force and restraints; and 


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

2 such techniques and devices. 

3 (j) LOCATION OF DETENTION FACILITIES.— 

4 (1) NEW FACILITIES.—All detention facilities 

5 first used by the Department of Homeland Security 

6 after the date of the enactment of this Act shall be 

7 located within 50 miles of a community in which 

8 there is a demonstrated capacity to provide free or 

9 low-cost legal representation by— 

10 (A) nonprofit legal aid organizations; or 

11 (B) pro bono attorneys with expertise in 

12 asylum or immigration law. 

13 (2) EXISTING FACILITIES.—Not later than Jan14 uary 1, 2014, all detention facilities used by the De15 partment of Homeland Security shall meet the loca16 tion requirement described in paragraph (1). 

17 (3) REPORT.—If the Secretary fails to comply 

18 with the requirement under paragraph (2) by Janu19 ary 1, 2014, the Secretary shall submit a report to 

20 Congress on such date, and annually thereafter, 

21 that— 

22 (A) explains the reasons for such failure; 

23 and 

24 (B) describes the specific plans of the Sec25 retary to meet such requirement. 


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1 (k) TRANSLATION CAPABILITIES.—The operators of 

2 detention facilities and short-term detention facilities 

3 shall— 

4 (1) employ staff who are professionally qualified 

5 in any language spoken by more than 10 percent of 

6 its detainee population; 

7 (2) arrange for alternative translation services, 

8 as needed, in the exceptional circumstances when 

9 trained bilingual staff members are unavailable to 

10 translate; and 

11 (3) provide notices and written materials to de12 tainees in the native language of such detainees if 

13 such language is spoken by more than 5 percent of 

14 the detainees in the facility. 

15 (l) RECREATIONAL PROGRAMS AND ACTIVITIES.— 

16 Detainees shall be provided with access to at least 1 hour 

17 of indoor and outdoor recreational programs and activities 

18 each day. 

19 (m) TRAINING OF PERSONNEL.—All personnel at de20 tention facilities and short-term detention facilities shall 

21 be given comprehensive, specialized training and regular, 

22 periodic updates, including— 

23 (1) an overview of immigration detention and 

24 all detention standards; 


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1 (2) the characteristics of the noncitizen de2 tainee population, including the special needs of vul3 nerable populations among detainees and cultural, 

4 gender, gender identity, and sexual orientation 

5 issues; and 

6 (3) the due process and grievance procedures to 

7 protect the rights of detainees. 

8 (n) TRANSPORTATION.—The Secretary shall ensure 

9 that— 

10 (1) each detainee is safely transported, which 

11 shall include the appropriate use of safety harnesses 

12 and occupancy limitations of vehicles; and 

13 (2) female officers are responsible and at all 

14 times present during the transfer and transport of 

15 female detainees who are in the custody of the De16 partment of Homeland Security. 

17 (o) VULNERABLE POPULATIONS.—Detention facility 

18 conditions and minimum requirements for detention facili19 ties shall recognize and accommodate the unique needs of 

20 vulnerable detainees, including— 

21 (1) families with children; 

22 (2) asylum seekers; 

23 (3) victims of abuse, torture, or trafficking; 

24 (4) individuals who are older than 65 years of 

25 age; 


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1 (5) pregnant women; and 

2 (6) nursing mothers. 

3 (p) CHILDREN.—The Secretary shall ensure that un4 accompanied alien children are— 

5 (1) physically separated from any adult who is 

6 not an immediate family member; and 

7 (2) separated by sight and sound from— 

8 (A) immigration detainees and inmates 

9 with criminal convictions; 

10 (B) pretrial inmates facing criminal pros11 ecution; 

12 (C) children who have been adjudicated 

13 delinquents or convicted of adult offenses or are 

14 pending delinquency or criminal proceedings; 

15 and 

16 (D) inmates exhibiting violent behavior 

17 while in detention. 

18 (q) SHORT-TERM FACILITY REQUIREMENTS.— 

19 (1) ACCESS TO BASIC NEEDS, PEOPLE, AND

20 PROPERTY.— 

21 (A) BASIC NEEDS.—All detainees in short22 term detention facilities shall receive— 

23 (i) potable water; 

24 (ii) food, if detained for more than 5 

25 hours; 


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1 (iii) basic toiletries, diapers, sanitary 

2 products, and blankets; and 

3 (iv) access to bathroom facilities. 

4 (B) PEOPLE.—The Secretary shall provide 

5 consular officials with access to detainees held 

6 at any short-term detention facility. Detainees 

7 shall be afforded reasonable access to a licensed 

8 health care professional. The Secretary shall en9 sure that nursing mothers in such facilities 

10 have access to their children. 

11 (C) PROPERTY.—Any property belonging 

12 to a detainee that was confiscated by an official 

13 of the Department of Homeland Security shall 

14 be returned to the detainee upon repatriation or 

15 transfer. 

16 (2) PROTECTIONS FOR CHILDREN.— 

17 (A) QUALIFIED STAFF.—The Secretary 

18 shall ensure that adequately trained and quali19 fied staff are stationed at each major port of 

20 entry at which, during the 2 most recent fiscal 

21 years, an average of at least 50 unaccompanied 

22 alien children have been held per year by 

23 United States Customs and Border Protection. 

24 Such staff shall include— 


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1 (i) independent licensed social workers 

2 dedicated to ensuring the proper tem3 porary care for the children while in the 

4 custody of United States Customs and 

5 Border Protection; and 

6 (ii) agents charged primarily with the 

7 safe, swift, and humane transportation of 

8 such children to the custody of the Office 

9 of Refugee Resettlement. 

10 (B) SPECIFIC RIGHTS.—The social workers 

11 described in subparagraph (A)(i) shall ensure 

12 that each unaccompanied alien child— 

13 (i) receives emergency medical care; 

14 (ii) receives mental health care in case 

15 of trauma; 

16 (iii) has access to psychosocial health 

17 services; 

18 (iv) is provided with— 

19 (I) a pillow, linens, and sufficient 

20 blankets to rest at a comfortable tem21 perature; and 

22 (II) a bed and mattress placed in 

23 an area specifically designated for res24 idential use; 

25 (v) receives adequate nutrition; 


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1 (vi) enjoys a safe and sanitary living 

2 environment; 

3 (vii) receives educational materials; 

4 and 

5 (viii) has access to at least 3 hours of 

6 indoor and outdoor recreational programs 

7 and activities per day. 

8 (3) CONFIDENTIALITY.— 

9 (A) IN GENERAL.—The Secretary of 

10 Health and Human Services shall maintain the 

11 privacy and confidentiality of all information 

12 gathered in the course of providing care, cus13 tody, placement, and follow-up services to unac14 companied alien children, consistent with the 

15 best interest of such children, by not disclosing 

16 such information to other government agencies 

17 or nonparental third parties, except as provided 

18 under paragraph (2). 

19 (B) LIMITED DISCLOSURE OF INFORMA20 TION.—The Secretary may disclose information 

21 regarding an unaccompanied alien child only 

22 if— 

23 (i) the child authorizes such disclosure 

24 and it is consistent with the child’s best in25 terest; or 


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1 (ii) the disclosure is to a duly recog2 nized law enforcement entity and is nec3 essary to prevent imminent and serious 

4 harm to another individual. 

5 (C) WRITTEN RECORD.—All disclosures 

6 under paragraph (2) shall be duly recorded in 

7 writing and placed in the child’s file. 

8 SEC. 11. TIMELY NOTICE OF IMMIGRATION CHARGES. 

9 Section 236 of the Immigration and Nationality Act 

10 (8 U.S.C. 1226) is amended by adding at the end the fol11 lowing: 

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

13 hours after the commencement of a detention of an indi14 vidual under this section, the Secretary of Homeland Se15 curity shall— 

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

17 charging document with the immigration court clos18 est to the location at which the individual was appre19 hended; and 

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

21 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. LAWFUL PERMANENT RESIDENT STATUS OF REFU21 GEES AND ASYLUM SEEKERS GRANTED ASY22 LUM. 

23 (a) ADMISSION OF EMERGENCY SITUATION REFU24 GEES.—Section 207(c) of the Immigration and Nation25 ality Act (8 U.S.C. 1157(c)) is amended— 


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1 (1) in paragraph (1)— 

2 (A) by striking ‘‘Attorney General’’ the 

3 first time it appears and inserting ‘‘Secretary of 

4 Homeland Security’’; 

5 (B) by striking ‘‘Attorney General’’ each 

6 additional place it appears and inserting ‘‘Sec7 retary’’; and 

8 (C) by striking ‘‘(except as otherwise pro9 vided under paragraph (3)) as an immigrant 

10 under this Act.’’ and inserting ‘‘(except as pro11 vided under subsection (b) and (c) of section 

12 209) as an immigrant under this Act. Notwith13 standing any numerical limitations specified in 

14 this Act, any alien admitted under this para15 graph shall be regarded as lawfully admitted to 

16 the United States for permanent residence as of 

17 the date of such alien’s admission to the United 

18 States.’’; 

19 (2) in paragraph (2)(A)— 

20 (A) by striking ‘‘(except as otherwise pro21 vided under paragraph (3))’’ and inserting 

22 ‘‘(except as provided under subsection (b) and 

23 (c) of section 209)’’; and 

24 (B) by striking the last sentence and in25 serting the following: ‘‘An alien admitted to the 


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1 United States as a refugee may petition for his 

2 or her spouse or child to follow to join him or 

3 her in the United States at any time after such 

4 alien’s admission, notwithstanding his or her 

5 treatment as a lawful permanent resident as of 

6 the date of his or her admission to the United 

7 States.’’; 

8 (3) by striking paragraph (3); 

9 (4) by redesignating paragraph (4) as para10 graph (3); and 

11 (5) in paragraph (3), as redesignated— 

12 (A) by striking ‘‘Attorney General’’ the 

13 first time it appears and inserting ‘‘Secretary of 

14 Homeland Security’’; and 

15 (B) by striking ‘‘Attorney General’’ each 

16 additional place it appears and inserting ‘‘Sec17 retary’’. 

18 (b) TREATMENT OF SPOUSE AND CHILDREN.—Sec19 tion 208(b)(3) of such Act (8 U.S.C. 1158(b)(3)) is 

20 amended— 

21 (1) by redesignating subparagraph (B) as sub22 paragraph (E); and 

23 (2) by inserting after subparagraph (A) the fol24 lowing: 


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1 ‘‘(B) PETITION.—An alien granted asylum 

2 under this subsection may petition for the same 

3 status to be conferred on his or her spouse or 

4 child at any time after such alien is granted 

5 asylum whether or not such alien has applied 

6 for, or been granted, adjustment to permanent 

7 resident status under section 209. 

8 ‘‘(C) PERMANENT RESIDENT STATUS.— 

9 Notwithstanding any numerical limitations 

10 specified in this Act, a spouse or child admitted 

11 to the United States as an asylee following to 

12 join a spouse or parent previously granted asy13 lum shall be regarded as lawfully admitted to 

14 the United States for permanent residence as of 

15 the date of such spouse’s or child’s admission to 

16 the United States. 

17 ‘‘(D) APPLICATION FOR ADJUSTMENT OF

18 STATUS.—A spouse or child who was not admit19 ted to the United States pursuant to a grant of 

20 asylum, but who was granted asylum under this 

21 subparagraph after his or her arrival as the 

22 spouse or child of an alien granted asylum 

23 under section 208, may apply for adjustment of 

24 status to that of lawful permanent resident 


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1 under section 209 at any time after being 

2 granted asylum.’’. 

3 (c) REFUGEES.— 

4 (1) IN GENERAL.—Section 209 of such Act (8 

5 U.S.C. 1159) is amended to read as follows: 

6 ‘‘SEC. 209. TREATMENT OF ALIENS ADMITTED AS REFU7 GEES AND OF ALIENS GRANTED ASYLUM. 

8 ‘‘(a) IN GENERAL.— 

9 ‘‘(1) TREATMENT OF REFUGEES.—Notwith10 standing any numerical limitations specified in this 

11 Act, any alien who has been admitted to the United 

12 States under section 207 shall be regarded as law13 fully admitted to the United States for permanent 

14 residence as of the date of such admission. 

15 ‘‘(2) TREATMENT OF SPOUSE AND CHIL16 DREN.—Notwithstanding any numerical limitations 

17 specified in this Act, any alien admitted to the 

18 United States under section 208(b)(3) as the spouse 

19 or child of an alien granted asylum under section 

20 208(b)(1) shall be regarded as lawfully admitted to 

21 the United States for permanent residence as of the 

22 date of such admission. 

23 ‘‘(3) ADJUSTMENT OF STATUS.—The Secretary 

24 of Homeland Security or the Attorney General, in 

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1 eral, and under such regulations as the Secretary or 

2 the Attorney General may prescribe, may adjust, to 

3 the status of an alien lawfully admitted to the 

4 United States for permanent residence, the status of 

5 any alien who, while in the United States— 

6 ‘‘(A) is granted— 

7 ‘‘(i) asylum under section 208(b) (as 

8 a principal alien or as the spouse or child 

9 of an alien granted asylum); or 

10 ‘‘(ii) refugee status under section 207 

11 as the spouse or child of a refugee; 

12 ‘‘(B) applies for such adjustment of status 

13 at any time after being granted asylum or ref14 ugee status; 

15 ‘‘(C) is not firmly resettled in any foreign 

16 country; and 

17 ‘‘(D) is admissible (except as otherwise 

18 provided under subsections (b) and (c)) as an 

19 immigrant under this Act at the time of exam20 ination for adjustment of such alien. 

21 ‘‘(4) RECORD.—Upon approval of an applica22 tion under this subsection, the Secretary of Home23 land Security or the Attorney General shall establish 

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1 nent residence as of the date such alien was granted 

2 asylum or refugee status. 

3 ‘‘(5) DOCUMENT ISSUANCE.—An alien who has 

4 been admitted to the United States under section 

5 207 or 208 or who adjusts to the status of a lawful 

6 permanent resident as a refugee or asylee under this 

7 section shall be issued documentation indicating that 

8 such alien is a lawful permanent resident pursuant 

9 to a grant of refugee or asylum status. 

10 ‘‘(b) INAPPLICABILITY OF CERTAIN INADMISSIBILITY

11 GROUNDS TO REFUGEES, ALIENS GRANTED ASYLUM, 

12 AND SUCH ALIENS SEEKING ADJUSTMENT OF STATUS TO

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

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

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

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

17 208; or 

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

19 permanent resident pursuant to a grant of refugee 

20 or asylum status. 

21 ‘‘(c) WAIVER OF INADMISSIBILITY OR DEPORT22 ABILITY FOR REFUGEES, ALIENS GRANTED ASYLUM, AND

23 SUCH ALIENS SEEKING ADJUSTMENT OF STATUS TO

24 LAWFUL PERMANENT RESIDENT.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), the Secretary of Homeland Security or 

3 the Attorney General may waive any ground of inad4 missibility under section 212 or any ground of de5 portability under section 237 for a refugee admitted 

6 under section 207, an alien granted asylum under 

7 section 208, or an alien seeking admission as a law8 ful permanent resident pursuant to a grant of ref9 ugee or asylum status if the Secretary or the Attor10 ney General determines that such waiver is justified 

11 by humanitarian purposes, to ensure family unity, or 

12 is otherwise in the public interest. 

13 ‘‘(2) INELIGIBILITY.—A refugee under section 

14 207, an alien granted asylum under section 208, or 

15 an alien seeking admission as a lawful permanent 

16 resident pursuant to a grant of refugee or asylum 

17 status shall be ineligible for a waiver under para18 graph (1) if it has been established that the alien 

19 is— 

20 ‘‘(A) inadmissible under section 

21 212(a)(2)(C) or subparagraph (A), (B), (C), or 

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

23 ‘‘(B) deportable under section 

24 237(a)(2)(A)(iii) for an offense described in 

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


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

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

3 (d) TECHNICAL AMENDMENTS.— 

4 (1) ALIENS NOT SUBJECT TO DIRECT NUMER5 ICAL LIMITATIONS.—Section 201(b)(1)(B) of the 

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

7 1151(b)(1)(B)) is amended to read as follows: 

8 ‘‘(B) Aliens who are admitted to the United 

9 States as permanent residents under section 207 or 

10 208 or whose status is adjusted under section 209.’’. 

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

12 (8 U.S.C. 1157(f)(1)) is amended by striking ‘‘At13 torney General’’ and inserting ‘‘Secretary of Home14 land Security’’. 

15 (3) TABLE OF CONTENTS.—The table of con16 tents for such Act is amended by striking the item 

17 relating to section 209 and inserting the following: 

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

18 (e) SAVINGS PROVISIONS.— 

19 (1) IN GENERAL.—Nothing in the amendments 

20 made by this section may be construed to limit ac21 cess to the benefits described at chapter 2 of title IV 

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

23 1521 et seq.). 


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1 (2) CLARIFICATION.—Aliens admitted for law2 ful permanent residence under section 207 or 208 of 

3 the Immigration and Nationality Act (8 U.S.C. 1157 

4 and 1158) or who adjust status to lawful permanent 

5 resident under section 209 of such Act (8 U.S.C. 

6 1159) shall be considered to be refugees and aliens 

7 granted asylum in accordance with sections 402, 

8 403, 412, and 431 of the Personal Responsibility 

9 and Work Opportunity Reconciliation Act of 1996 (8 

10 U.S.C. 1612, 1613, 1622, and 1641). 

11 (f) EFFECTIVE DATE.—This section, and the amend12 ments made by this section, shall become effective on the 

13 earlier of— 

14 (1) the date that is 180 days after the date of 

15 the enactment of this Act; or 

16 (2) the date on which a final rule is promul17 gated to implement this section. 

18 SEC. 15. PROTECTIONS FOR MINORS SEEKING ASYLUM. 

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

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

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

22 3, by adding at the end the following: 

23 ‘‘(D) APPLICABILITY TO MINORS.—Sub24 paragraphs (A), (B), and (C) do not apply to 


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•S 3113 IS

1 an applicant who is younger than 18 years of 

2 age on the earlier of— 

3 ‘‘(i) the date on which the asylum ap4 plication is filed; or 

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

6 Appear is issued.’’; and 

7 (2) in subsection (b)(3), as amended by section 

8 14(b), by adding at the end the following: 

9 ‘‘(F) JURISDICTION.—An asylum officer 

10 (as defined in section 235(b)(1)(E)) shall have 

11 initial jurisdiction over any asylum application 

12 filed by an applicant who is younger than 18 

13 years of 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.’’. 

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

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

20 1231(a)) is amended— 

21 (1) in paragraph (5), by striking ‘‘If the Attor22 ney General’’ and inserting ‘‘Except as provided in 

23 paragraph (8), if the Secretary of Homeland Secu24 rity’’; and 

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


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1 ‘‘(8) APPLICABILITY OF REINSTATEMENT OF

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

3 alien who has reentered the United States illegally 

4 after having been removed or having departed volun5 tarily, under an order of removal, if the alien was 

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

7 the alien was removed or departed voluntarily under 

8 an order of removal.’’. 

9 SEC. 16. MULTIPLE FORMS OF RELIEF. 

10 (a) IN GENERAL.—Applicants for admission as refu11 gees may simultaneously pursue admission under any visa 

12 category for which such applicants may be eligible. 

13 (b) ASYLUM APPLICANTS WHO BECOME ELIGIBLE

14 FOR DIVERSITY VISAS.—Section 204(a)(1)(I) (8 U.S.C. 

15 1154(a)(1)(I)) of the Immigration and Nationality Act (8 

16 U.S.C. 1154(a)(1)(I)) is amended by adding at the end 

17 the following: 

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

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

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

21 district director that has jurisdiction over the district in 

22 which the asylum seeker resides (or, in the case of an asy23 lum seeker who is or was in removal proceedings, the im24 migration court in which the removal proceeding is pendVerDate Nov 24 2008 04:40 Mar 16, 2010 Jkt 089200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S3113.IS S3113

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1 ing or was adjudicated) to adjust status to that of a per2 manent resident. 

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

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

5 which the petitioner received notice of eligibility for the 

6 visa and shall contain such information and be supported 

7 by such documentary evidence as the Secretary of State 

8 may require. 

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

10 attempt to adjudicate each petition under this clause be11 fore the last day of the fiscal year for which the petitioner 

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

13 director or immigration court is unable to complete such 

14 adjudication during such fiscal year, the adjudication and 

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

16 the end of such fiscal year.’’. 

17 SEC. 17. PROTECTION OF REFUGEE FAMILIES. 

18 (a) CHILDREN OF REFUGEE OR ASYLEE SPOUSES

19 AND CHILDREN.—A child of an alien who qualifies for ad20 mission as a spouse or child under section 207(c)(2)(A) 

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

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

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

24 (1) is accompanying or following to join such 

25 alien; and 


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1 (2) is otherwise admissible under such section 

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

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

4 18 years of age who has been separated from the birth 

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

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

7 the United States as a refugee shall be admitted as a ref8 ugee if— 

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

10 placed with such alien in the United States; and 

11 (2) such child is otherwise admissible under sec12 tion 207(c)(3) of the Immigration and Nationality 

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

14 (c) ELIMINATION OF TIME LIMITS ON REUNIFICA15 TION OF REFUGEE AND ASYLEE FAMILIES.— 

16 (1) EMERGENCY SITUATION REFUGEES.—Sec17 tion 207(c)(2)(A) of the Immigration and Nation18 ality Act (8 U.S.C. 1157(c)(2)(A)) is amended by 

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

20 101(b)(1) (A), (B), (C), (D), or (E))’’ and inserting, 

21 ‘‘Regardless of when such refugee was admitted to 

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

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


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

2 (8 U.S.C. 1158(b)(3)(A)) is amended to read as fol3 lows: 

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

5 (other than a child described in section 

6 101(b)(1)(F)) of an alien who was granted asy7 lum under this subsection at any time may, if 

8 not otherwise eligible for asylum under this sec9 tion, be granted the same status as the alien if 

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

11 (d) TIMELY ADJUDICATION OF REFUGEE AND

12 ASYLEE FAMILY REUNIFICATION PETITIONS.—The Im13 migration and Nationality Act (8 U.S.C. 1101 et seq.) is 

14 amended— 

15 (1) in section 207(c)(2), as amended by sub16 section (c), by adding at the end the following: 

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

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

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

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

21 and 

22 (2) in section 208(b)(3), by adding at the end 

23 the following: 

24 ‘‘(G) TIMELY ADJUDICATION.—The Sec25 retary shall ensure that the application of each 


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•S 3113 IS

1 alien described in subparagraph (A) who applies 

2 to follow an alien granted asylum under this 

3 subsection is adjudicated not later than 90 days 

4 after the submission of such application.’’. 

5 SEC. 18. REFORM OF REFUGEE CONSULTATION PROCESS 

6 AND REFUGEE PROCESSING. 

7 Section 207 of the Immigration and Nationality Act 

8 (8 U.S.C. 1157) is amended— 

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

10 following: 

11 ‘‘(5) All officers of the Federal Government respon12 sible for refugee admissions or refugee resettlement shall 

13 treat the determinations made under this subsection and 

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

15 year.’’; 

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

17 following: 

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

19 calendar quarter, the President shall submit a report to 

20 the Committee on the Judiciary of the Senate and the 

21 Committee on the Judiciary of the House of Representa22 tives that contains— 

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

24 during the previous quarter; 


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

2 the refugee admissions goal for such quarter; 

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

4 were admitted during the fiscal year as of the end 

5 of such quarter; 

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

7 during the remainder of the fiscal year in order to 

8 meet the refugee admissions goal for the fiscal year; 

9 and 

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

11 personnel changes necessary to achieve the refugee 

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

13 (3) in subsection (e)— 

14 (A) by redesignating paragraphs (1) 

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

16 respectively; 

17 (B) in the matter preceding subparagraph 

18 (A), as redesignated— 

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

20 (ii) by inserting ‘‘, which shall be com21 menced not later than May 1 of each year 

22 and continue periodically throughout the 

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

24 ‘‘discussions in person’’; 


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

2 and inserting the following: 

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

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

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

6 shall include estimates of— 

7 ‘‘(i) the number of refugees the President ex8 pects to have ready to travel to the United States 

9 at the beginning of the fiscal year; 

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

11 populations the President expects to admit to the 

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

13 ‘‘(iii) the number of refugees the President ex14 pects to have ready to travel to the United States 

15 at the end of the fiscal year. 

16 ‘‘(B) The Secretary of Homeland Security shall en17 sure that an adequate number of refugees are processed 

18 during the fiscal year to fulfill the refugee admissions 

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

20 SEC. 19. ADMISSION OF REFUGEES IN THE ABSENCE OF 

21 THE ANNUAL PRESIDENTIAL DETERMINA22 TION. 

23 Section 207(a) of the Immigration and Nationality 

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

25 (1) by striking paragraph (1); 


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

2 and (5) as paragraphs (1), (2), (3), and (4), respec3 tively; 

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

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

6 and 

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

8 the President does not issue a determination 

9 under this paragraph before the beginning of a 

10 fiscal year, the number of refugees that may be 

11 admitted under this section in each quarter be12 fore the issuance of such determination shall be 

13 25 percent of the number of refugees admissible 

14 under this section during the previous fiscal 

15 year.’’; and 

16 (4) in paragraph (3), as redesignated, by strik17 ing ‘‘(beginning with fiscal year 1992)’’. 

18 SEC. 20. AUTHORITY TO DESIGNATE CERTAIN GROUPS OF 

19 REFUGEES FOR CONSIDERATION. 

20 (a) IN GENERAL.—Section 207(c)(1) of the Immigra21 tion and Nationality Act (8 U.S.C. 1157(c)(1)) is amend22 ed— 

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

24 numerical limitations’’; and 

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


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1 ‘‘(B)(i) The Secretary of State, after notification to 

2 Congress, may designate specifically defined groups of 

3 aliens whose resettlement in the United States is justified 

4 by humanitarian concerns or is otherwise in the national 

5 interest and who share common characteristics that iden6 tify them as targets of persecution on account of race, reli7 gion, nationality, membership in a particular social group, 

8 or political opinion or who otherwise have a shared need 

9 for resettlement due to vulnerabilities or a lack of local 

10 integration prospects in their country of first asylum. 

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

12 designated under clause (i) to the satisfaction of the des13 ignee of the Secretary of Homeland Security shall estab14 lish, for purposes of admission as a refugee under this sec15 tion, that such alien has a well-founded fear of persecution 

16 on account of race, religion, nationality, membership in 

17 a particular social group, or political opinion. 

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

19 ‘‘(I) shall expire at the end of each fiscal year; 

20 and 

21 ‘‘(II) may be extended by the Secretary of State 

22 after notification to Congress. 

23 ‘‘(iv) An alien’s admission under this subparagraph 

24 shall count against the refugee admissions goal under sub25 section (a). 


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1 ‘‘(v) A designation under clause (i) shall not influence 

2 decisions to grant, to any alien, asylum under section 208, 

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

4 the Convention Against Torture and Other Cruel, Inhu5 man or Degrading Treatment or Punishment, done at 

6 New York December 10, 1984.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

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

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

10 this Act. 

11 SEC. 21. UPDATE OF RECEPTION AND PLACEMENT GRANTS. 

12 Beginning with fiscal year 2012, not later than 30 

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

14 shall notify Congress of the amount of funds that the Sec15 retary will provide in its Reception and Placement Grants 

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

17 grants each year, the Secretary shall ensure that— 

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

19 adequate to provide for the anticipated initial reset20 tlement needs of refugees, including adjusting the 

21 amount for inflation and the cost of living; 

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

23 the fiscal year to each national resettlement agency 

24 that is sufficient to ensure adequate local and na25 tional capacity to serve the initial resettlement needs 


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1 of refugees the Secretary anticipates the agency will 

2 resettle throughout the fiscal year; and 

3 (3) additional amounts are provided to each na4 tional resettlement agency promptly upon the arrival 

5 of refugees that, exclusive of the amounts provided 

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

7 anticipated initial resettlement needs of such refu8 gees and support local and national operational costs 

9 in excess of the estimates described in paragraph 

10 (1). 

11 SEC. 22. LEGAL ASSISTANCE FOR REFUGEES AND ASYLEES. 

12 Section 412(c)(1)(A) of the Immigration and Nation13 ality Act (8 U.S.C. 1522(c)(1)(A)) is amended— 

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

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

16 and 

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

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

19 assist them in obtaining immigration benefits for 

20 which they are eligible; and’’. 

21 SEC. 23. PROTECTION FOR ALIENS INTERDICTED AT SEA. 

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

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

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

25 A COUNTRY WHERE ALIEN’S LIFE OR FREEDOM


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1 WOULD BE THREATENED’’ and inserting ‘‘OR RE2 TURN IF REFUGEE’S LIFE OR FREEDOM WOULD BE

3 THREATENED OR ALIEN WOULD BE SUBJECTED TO

4 TORTURE’’; 

5 (2) in subparagraph (A)— 

6 (A) by striking ‘‘Notwithstanding’’ and in7 serting the following: 

8 ‘‘(i) LIFE OR FREEDOM THREAT9 ENED.—Notwithstanding’’; and 

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

11 ‘‘(ii) ASYLUM INTERVIEW.—Notwith12 standing paragraphs (1) and (2), a United 

13 States officer may not return any alien 

14 interdicted or otherwise encountered in 

15 international waters or United States wa16 ters who has expressed a fear of return to 

17 his or her country of departure, origin, or 

18 last habitual residence— 

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

20 opportunity to be interviewed by an 

21 asylum officer to determine whether 

22 that alien has a well-founded fear of 

23 persecution because of the alien’s 

24 race, religion, nationality, membership 

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1 ical opinion, or because the alien 

2 would be subject to torture in that 

3 country; or 

4 ‘‘(II) if an asylum officer has de5 termined that the alien has such a 

6 well-founded fear of persecution or 

7 would be subject to torture in his or 

8 her country of departure, origin, or 

9 last habitual residence.’’; 

10 (3) by redesignating subparagraphs (B) and 

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

12 (4) by inserting after subparagraph (A) the fol13 lowing: 

14 ‘‘(B) PROTECTIONS FOR ALIENS INTER15 DICTED IN INTERNATIONAL OR UNITED STATES

16 WATERS.—The Secretary of Homeland Security 

17 shall issue regulations establishing a uniform 

18 procedure applicable to all aliens interdicted in 

19 international or United States waters that— 

20 ‘‘(i) provides each alien— 

21 ‘‘(I) a meaningful opportunity to 

22 express, through a translator who is 

23 fluent in a language the alien claims 

24 to understand, a fear of return to his 


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1 or her country of departure, origin, or 

2 last habitual residence; and 

3 ‘‘(II) in a confidential setting and 

4 in a language the alien claims to un5 derstand, information concerning the 

6 alien’s interdiction, including the abil7 ity to inform United States officers 

8 about any fears relating to the alien’s 

9 return or repatriation; 

10 ‘‘(ii) provides each alien expressing 

11 such a fear of return or repatriation a con12 fidential interview conducted by an asylum 

13 officer, in a language the alien claims to 

14 understand, to determine whether the 

15 alien’s return to his or her country of ori16 gin or country of last habitual residence is 

17 prohibited because the alien has a well18 founded fear of persecution— 

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

20 religion, nationality, membership in a 

21 particular social group, or political 

22 opinion; or 

23 ‘‘(II) because the alien would be 

24 subject to torture in that country; 


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1 ‘‘(iii) ensures that each alien can ef2 fectively communicate with United States 

3 officers through the use of a translator flu4 ent in a language the alien claims to un5 derstand; and 

6 ‘‘(iv) provides each alien who, accord7 ing to the determination of an asylum offi8 cer, has a well-founded fear of persecution 

9 for the reasons specified in clause (ii) or 

10 would be subject to torture, an opportunity 

11 to seek protection in— 

12 ‘‘(I) a country other than the 

13 alien’s country of origin or country of 

14 last habitual residence in which the 

15 alien has family or other ties that will 

16 facilitate resettlement; or 

17 ‘‘(II) if the alien has no such 

18 ties, a country that will best facilitate 

19 the alien’s resettlement, which may in20 clude the United States.’’. 

21 SEC. 24. PROTECTION OF STATELESS PERSONS IN THE 

22 UNITED STATES. 

23 (a) IN GENERAL.—Chapter 1 of title II of the Immi24 gration and Nationality Act (8 U.S.C. 1151 et seq.) is 

25 amended by adding at the end the following: 


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

2 UNITED STATES. 

3 ‘‘(a) DEFINED TERM.— 

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

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

6 not considered a national under the laws of any 

7 country. 

8 ‘‘(2) DESIGNATION OF SPECIFIC DE JURE

9 GROUPS.—The Secretary of Homeland Security may 

10 designate specific groups of individuals who are con11 sidered de jure stateless persons, for purposes of this 

12 section. 

13 ‘‘(b) MECHANISMS FOR REGULARIZING THE STATUS

14 OF STATELESS PERSONS.— 

15 ‘‘(1) RELIEF FOR INDIVIDUALS DETERMINED

16 TO BE DE JURE STATELESS PERSONS.—The Sec17 retary of Homeland Security or the Attorney Gen18 eral may cancel removal or provide conditional law19 ful status to an alien who is otherwise inadmissible 

20 or deportable from the United States if the alien— 

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

22 ‘‘(B) applies for such relief; 

23 ‘‘(C) is not inadmissible under paragraph 

24 (2) or (3) of section 212(a); 

25 ‘‘(D) is not deportable under paragraph 

26 (2), (3), or (4) of section 237(a); and 


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1 ‘‘(E) is not described in section 

2 241(b)(3)(C)(i). 

3 ‘‘(2) WAIVERS.— 

4 ‘‘(A) AUTOMATIC WAIVERS.—In deter5 mining an alien’s eligibility for relief under 

6 paragraph (1), paragraphs (4), (5), (6)(A), 

7 (7)(A), and (9) of section 212(a) shall not 

8 apply. 

9 ‘‘(B) APPLICATION.—An alien seeking re10 lief under paragraph (1) may apply to the Sec11 retary or the Attorney General for a waiver of 

12 any of the grounds set forth in subparagraph 

13 (C) and (D) of paragraph (1). 

14 ‘‘(C) OTHER WAIVERS.—The Secretary or 

15 the Attorney General may waive any other 

16 ground of inadmissibility or deportability (ex17 cept for section 241(b)(3)(C)(i)) with respect to 

18 such an applicant, including felony convictions 

19 and health conditions, if such waiver— 

20 ‘‘(i) is justified by humanitarian pur21 poses; 

22 ‘‘(ii) would ensure family unity; or 

23 ‘‘(iii) is otherwise in the public inter24 est. 


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1 ‘‘(3) WORK AUTHORIZATION.—The Secretary 

2 may— 

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

4 for relief under paragraph (1) to engage in em5 ployment in the United States while such appli6 cation is being considered; and 

7 ‘‘(B) provide such applicant with an em8 ployment authorized endorsement or other ap9 propriate document signifying authorization of 

10 employment. 

11 ‘‘(4) DEPENDENT SPOUSES AND CHILDREN.— 

12 The spouse, child, or unmarried son or daughter of 

13 an alien who has been granted conditional lawful 

14 status under paragraph (1) may apply for condi15 tional lawful status under this section as a depend16 ent if— 

17 ‘‘(A) the dependent properly files an appli18 cation for such status; 

19 ‘‘(B) the dependent is physically present in 

20 the United States on the date on which such 

21 application is filed; 

22 ‘‘(C) the dependent meets the eligibility 

23 criteria set forth in paragraph (1); and 

24 ‘‘(D) the qualifying relationship to the 

25 principal beneficiary existed on the date on 


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1 which such alien was granted conditional lawful 

2 status. 

3 ‘‘(c) ADJUSTMENT OF STATUS.— 

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

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

6 which an alien has been granted conditional lawful 

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

8 lawful permanent residence in the United States if— 

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

10 in the United States for at least 1 year; 

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

12 has not been terminated by the Secretary of 

13 Homeland Security or the Attorney General, 

14 pursuant to such regulations as the Secretary 

15 or the Attorney General may prescribe; and 

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

17 permanent resident status. 

18 ‘‘(2) REQUIREMENTS FOR ADJUSTMENT.—The 

19 Secretary or the Attorney General, under such regu20 lations as the Secretary or the Attorney General 

21 may prescribe, may adjust the status of an alien 

22 granted conditional lawful status under subsection 

23 (b) to that of an alien lawfully admitted for perma24 nent residence if such alien— 

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


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1 ‘‘(B) properly applies for such adjustment 

2 of status; 

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

4 United States for at least 1 year after being 

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

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

8 country; and 

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

10 provided under subsection (b)(2)) as an immi11 grant under this chapter at the time of exam12 ination of such alien for adjustment of status. 

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

14 alien’s eligibility for adjustment of status under this 

15 subsection, the Secretary or the Attorney General 

16 shall consider any credible evidence relevant to the 

17 application. The determination of what evidence is 

18 credible and the weight to be given that evidence 

19 shall be within the sole discretion of the Secretary 

20 or the Attorney General. 

21 ‘‘(4) RECORD.—Upon approval of an applica22 tion under this subsection, the Secretary or the At23 torney General shall establish a record of the alien’s 

24 admission for lawful permanent residence as of the 

25 date that is 1 year before the date of such approval. 


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1 ‘‘(d) REVIEW.— 

2 ‘‘(1) ADMINISTRATIVE REVIEW.—The Attorney 

3 General shall provide applicants for relief under this 

4 section the same right to, and procedures for, ad5 ministrative review as are provided to aliens subject 

6 to removal proceedings under section 240. 

7 ‘‘(2) JUDICIAL REVIEW.—The United States 

8 Court of Appeals shall— 

9 ‘‘(A) sustain a final decision denying relief 

10 under this section unless it is contrary to law, 

11 an abuse of discretion, or not supported by sub12 stantial evidence; and 

13 ‘‘(B) decide the petition only on the admin14 istrative record on which the denial of relief is 

15 based. 

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

17 any limitation imposed by law on motions to reopen 

18 removal or deportation proceedings, any individual 

19 who is eligible for relief under this section may file 

20 1 motion to reopen removal or deportation pro21 ceedings in order to apply for relief under this sec22 tion.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 for the Immigration and Nationality Act is amended by 


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1 inserting after the item relating to section 210 the fol2 lowing: 

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

3 SEC. 25. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out this Act, and the amend6 ments made by this Act. 

Æ 


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