Remedies for Refusal of Repatriation Act

To provide penalties for countries that systematically and unreasonably refuse or delay repatriation of certain nationals, and for other purposes. 1. Short title This Act may be cited as the Remedies for Refusal of Repatriation Act 2. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Foreign Relations of the Senate (B) the Committee on Homeland Security and Governmental Affairs of the Senate (C) the Committee on the Judiciary of the Senate (D) the Committee on Foreign Affairs of the House of Representatives (E) the Committee on Homeland Security of the House of Representatives (F) the Committee on the Judiciary of the House of Representatives (2) Crime of violence The term crime of violence (3) Felony The term felony (A) a crime classified as a felony in the convicting jurisdiction, excluding State or local offenses for which an essential element was the alien’s immigration status; or (B) in the case of an offense under section 276 of the Immigration and Nationality Act ( 8 U.S.C. 1326 3. Remedies for systematic refusal of repatriation (a) Criteria for systematic refusal or delay Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish procedures for determining whether the government of a foreign country systematically and unreasonably refuses or delays the repatriation of nationals of such country who— (1) have been ordered removed from the United States; and (2) (A) have been convicted of a felony; (B) have been convicted of a crime of violence; or (C) are a threat to national security or public safety. (b) Requirements for inclusion on refusal or delay list A country shall be deemed to systematically and unreasonably refuse or delay the repatriation of its nationals if— (1) the country refuses— (A) to repatriate an individual described in subsection (a) who has been ordered removed notwithstanding the designation of such country as the place to which the individual is to be removed by the United States under section 241(b) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b) (B) (i) to secure and analyze all documents within its control that could tend to identify the nationality of such individual; or (ii) to ensure that a government official capable of determining that such individual is a national of such country interviews such individual and, if additional evidence is needed, such individual’s family; or (2) other factors indicate that the country systematically and unreasonably refuses or delays the repatriation of nationals of such country who are described in subsection (a) and have been ordered removed to such country by the United States. (c) Notification requirements Upon determining that a country systematically and unreasonably refuses or delays repatriation of its nationals— (1) the Secretary of Homeland Security shall notify the Secretary of State of such determination in writing not later than 5 days after such determination; and (2) the Secretary of State and the Secretary of Homeland Security shall— (A) meet concurrently with representatives of the foreign government in the United States and in the foreign country about such determination; and (B) notify such representatives that the United States may discontinue issuance of visas to nationals of such country under section 243(d) of the Immigration and Nationality Act ( 8 U.S.C. 1253(d) (d) Discontinuance of visas In furtherance of section 243(d) of the Immigration and Nationality Act ( 8 U.S.C. 1253 (1) the Secretary of Homeland Security shall notify the Secretary of State that the country meets the criteria described in section 243(d) of the Immigration and Nationality Act ( 8 U.S.C. 1253(d) (2) the Secretary of State shall discontinue the issuance of visas in accordance with such section. (e) Exception If the Secretary of Homeland Security determines that it is not in the interests of the United States to discontinue the issuance of visas to nationals of a country described in subsection (d), the Secretary of Homeland Security shall submit to the appropriate committees of Congress a report documenting the reasons for such determination. (f) Public dissemination of information The Secretary of Homeland Security and the Secretary of State shall list countries that systematically and unreasonably refuse or delay repatriation of their nationals described in subsection (a) on the Web sites of their respective departments. (g) Reports to Congress Not later than March 1 of each year, the Secretary of Homeland Security and the Secretary of State shall jointly submit to the appropriate committees of Congress a report that— (1) identifies the countries that met the criteria developed pursuant to subsection (a) in the previous calendar year; (2) describes the actions taken by the Secretary of Homeland Security and the Secretary of State after determining that a country met the criteria developed pursuant to subsection (a); (3) identifies the countries included in the notifications described in subsections (c) and (d) and the actions taken by the Secretary of State as a result of such notifications; (4) identifies the countries that do not meet the criteria described in subsection (b), but have refused or delayed the repatriation of their nationals; and (5) describes the actions taken by the Secretary of Homeland Security and the Secretary of State with respect to the countries described in paragraph (4).

Summary: Remedies for Refusal of Repatriation Act This bill requires the Department of Homeland Security (DHS) to establish procedures for determining whether a foreign government systematically and unreasonably refuses or delays the repatriation of its nationals who: (1) have been ordered removed from the United States; and (2) have been convicted of a felony or a crime of violence or are a threat to national security or public safety. Upon determining that a country does refuse or delay repatriation of its nationals, DHS shall notify the Department of State and the two departments shall meet with the country's representatives and notify them that the United States may deny visas to their nationals. If the country continues to refuse or delay the repatriation of its nationals, the State Department shall discontinue the issuance of visas, unless DHS determines that such discontinuance is not in U.S. interests. DHS and the State Department shall list such countries on their websites.