I 
112TH CONGRESS 
1ST SESSION H. R. 2185 
To amend the Immigration and Nationality Act to reaffirm the United States’ 
historic commitment to protecting refugees who are fleeing persecution 
or torture. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2011 
Ms. ZOE LOFGREN of California (for herself and Mr. CONYERS) introduced 
the following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committees on Ways and Means and the Budget, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To amend the Immigration and Nationality Act to reaffirm 
the United States’ historic commitment to protecting 
refugees who are fleeing persecution or torture. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Refugee Protection Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Elimination of time limits on asylum applications. 
Sec. 4. Protecting victims of terrorism from being defined as terrorists. 
Sec. 5. Protecting certain vulnerable groups of asylum seekers. 
Sec. 6. Effective adjudication of proceedings. 
Sec. 7. Scope and standard for review. 
Sec. 8. Efficient asylum determination process. 
Sec. 9. Secure Alternatives Program. 
Sec. 10. Conditions of detention. 
Sec. 11. Timely notice of immigration charges. 
Sec. 12. Procedures for ensuring accuracy and verifiability of sworn statements 
taken pursuant to expedited removal authority. 
Sec. 13. Study on the effect of expedited removal provisions, practices, and pro-
cedures on asylum claims. 
Sec. 14. Refugee opportunity promotion. 
Sec. 15. Protections for minors seeking asylum. 
Sec. 16. Legal assistance for refugees and asylees. 
Sec. 17. Protection of stateless persons in the United States. 
Sec. 18. Authority to designate certain groups of refugees for consideration. 
Sec. 19. Multiple forms of relief. 
Sec. 20. Protection of refugee families. 
Sec. 21. Reform of refugee consultation process. 
Sec. 22. Admission of refugees in the absence of the annual presidential deter-
mination. 
Sec. 23. Update of reception and placement grants. 
Sec. 24. Protection for aliens interdicted at sea. 
Sec. 25. Modification of physical presence requirements for aliens serving as 
translators. 
Sec. 26. Assessment of the Refugee Domestic Resettlement Program. 
Sec. 27. Refugee assistance. 
Sec. 28. Resettlement data. 
Sec. 29. Protections for refugees. 
Sec. 30. Extension of eligibility period for Social Security benefits for certain 
refugees. 
Sec. 31. Authorization of appropriations. 
Sec. 32. Determination of budgetary effects. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ASYLUM SEEKER.—The term ‘‘asylum seek-
er’’— 
(A) means— 
(i) any applicant for asylum under 
section 208 of the Immigration and Na-
tionality Act (8 U.S.C. 1158); 
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(ii) any alien who indicates an inten-
tion to apply for asylum under that sec-
tion; and 
(iii) any alien who indicates an inten-
tion to apply for withholding of removal, 
pursuant to— 
(I) section 241 of the Immigra-
tion and Nationality Act (8 U.S.C. 
1231); or 
(II) the Convention Against Tor-
ture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment, 
done at New York December 10, 
1984; 
(B) includes any individual described in 
subparagraph (A) whose application for asylum 
or withholding of removal is pending judicial re-
view; and 
(C) does not include an individual with re-
spect to whom a final order denying asylum and 
withholding of removal has been entered if such 
order is not pending judicial review. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
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SEC. 3. ELIMINATION OF TIME LIMITS ON ASYLUM APPLI-
CATIONS. 
Section 208(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1158(a)(2)) is amended— 
(1) in subparagraph (A), by inserting ‘‘or the 
Secretary of Homeland Security’’ after ‘‘Attorney 
General’’ each place such term appears; 
(2) by striking subparagraphs (B) and (D); 
(3) by redesignating subparagraph (C) as sub-
paragraph (B); 
(4) in subparagraph (B), as redesignated, by 
striking ‘‘subparagraph (D)’’ and inserting ‘‘sub-
paragraphs (C) and (D)’’; and 
(5) by inserting after subparagraph (B), as re-
designated, the following: 
‘‘(C) CHANGED
CIRCUMSTANCES.—Not-
withstanding subparagraph (B), an application 
for asylum of an alien may be considered if the 
alien demonstrates, to the satisfaction of the 
Attorney General, the existence of changed cir-
cumstances that materially affect the appli-
cant’s eligibility for asylum. 
‘‘(D) 
MOTION
TO
REOPEN
ASYLUM 
CLAIM.—Notwithstanding subparagraph (B) or 
section 240(c)(7), an alien may file a motion to 
reopen an asylum claim during the 2-year pe-
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riod beginning on the date of the enactment of 
the Refugee Protection Act of 2011 if the 
alien— 
‘‘(i) was denied asylum based solely 
upon a failure to meet the 1-year applica-
tion filing deadline in effect on the date on 
which the application was filed; 
‘‘(ii) was granted withholding of re-
moval to the alien’s country of nationality 
(or, if stateless, to the country of last ha-
bitual residence under section 241(b)(3)); 
‘‘(iii) has not obtained lawful perma-
nent residence in the United States pursu-
ant to any other provision of law; 
‘‘(iv) is not subject to the safe third 
country exception in section 208(a)(2)(A) 
or a bar to asylum under section 208(b)(2) 
and should not be denied asylum as a mat-
ter of discretion; and 
‘‘(v) is physically present in the 
United States when the motion is filed.’’. 
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SEC. 4. PROTECTING VICTIMS OF TERRORISM FROM BEING 
DEFINED AS TERRORISTS. 
(a) TERRORIST ACTIVITIES.—Section 212(a)(3)(B) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(B)) is amended to read as follows: 
‘‘(B) TERRORIST ACTIVITIES.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided 
in 
clause 
(ii) 
and 
subsection 
(d)(3)(B)(i), an alien is inadmissible if— 
‘‘(I) the alien has engaged in a 
terrorist activity; 
‘‘(II) a consular officer, the At-
torney General, or the Secretary of 
Homeland Security knows, or has rea-
sonable ground to believe, that the 
alien is engaged, or is likely to engage 
after entry, in any terrorist activity; 
‘‘(III) the alien has, under cir-
cumstances indicating an intention to 
cause death or serious bodily harm, 
incited terrorist activity; 
‘‘(IV) the alien is a representa-
tive of— 
‘‘(aa) a terrorist organiza-
tion; or 
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‘‘(bb) a political, social, or 
other group that endorses or es-
pouses terrorist activity; 
‘‘(V) the alien is a member of a 
terrorist organization; 
‘‘(VI) the alien endorses or es-
pouses terrorist activity or persuades 
others to endorse or espouse terrorist 
activity or support a terrorist organi-
zation; 
‘‘(VII) the alien has received 
military-type training (as defined in 
section 
2339D(c)(1) 
of 
title 
18, 
United States Code) from, or on be-
half of, any organization that, at the 
time the training was received, was a 
terrorist organization; or 
‘‘(VIII) the alien is an officer, of-
ficial, representative, or spokesman of 
the Palestine Liberation Organization. 
‘‘(ii) EXCEPTIONS.— 
‘‘(I) LACK
OF
KNOWLEDGE.— 
Clause (i)(V) shall not apply to an 
alien who is a member of a terrorist 
organization 
described 
in 
clause 
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(iii)(V)(cc) if the alien demonstrates 
by clear and convincing evidence that 
the alien did not know, and should not 
reasonably have known, that the orga-
nization was a terrorist organization. 
‘‘(II) DURESS.—Clause (i)(VII) 
and items (dd) through (ff) of clause 
(iii)(I) shall not apply to an alien who 
establishes that his or her actions giv-
ing rise to inadmissibility under such 
clause were committed under duress 
and the alien does not pose a threat 
to the security of the United States. 
In determining whether the alien was 
subject to duress, the Secretary of 
Homeland Security may consider, 
among relevant factors, the age of the 
alien at the time such actions were 
committed. 
‘‘(iii) DEFINITIONS.—In this section: 
‘‘(I) ENGAGE IN TERRORIST AC-
TIVITY.—The term ‘engage in ter-
rorist activity’ means, in an individual 
capacity or as a member of an organi-
zation— 
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‘‘(aa) to commit or to incite 
to commit, under circumstances 
indicating an intention to cause 
death or serious bodily injury, a 
terrorist activity; 
‘‘(bb) to prepare or plan a 
terrorist activity; 
‘‘(cc) to gather information 
on potential targets for terrorist 
activity; 
‘‘(dd) to solicit funds or 
other things of value for— 
‘‘(AA) a terrorist activ-
ity; 
‘‘(BB) a terrorist orga-
nization described in item 
(aa) 
or 
(bb) 
of 
clause 
(iii)(V); or 
‘‘(CC) a terrorist orga-
nization described in clause 
(iii)(V)(cc), unless the solic-
itor can demonstrate by 
clear and convincing evi-
dence that he or she did not 
know, and should not rea-
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mitted (or which, if it had been com-
mitted in the United States, would be 
unlawful under the laws of the United 
States or any State) and which in-
volves— 
‘‘(aa) the highjacking or 
sabotage of any conveyance (in-
cluding an aircraft, vessel, or ve-
hicle); 
‘‘(bb) the seizing or detain-
ing, and threatening to kill, in-
jure, or continue to detain, an-
other individual in order to com-
pel a third person (including a 
governmental organization) to do 
or abstain from doing any act as 
an explicit or implicit condition 
for the release of the individual 
seized or detained; 
‘‘(cc) a violent attack upon 
an internationally protected per-
son 
(as 
defined 
in 
section 
1116(b)(4) of title 18, United 
States Code) or upon the liberty 
of such a person; 
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‘‘(dd) an assassination; 
‘‘(ee) the use, with the in-
tent to endanger the safety of 1 
or more individuals or to cause 
substantial damage to property, 
of any— 
‘‘(AA) biological agent, 
chemical agent, or nuclear 
weapon or device; or 
‘‘(BB) explosive, fire-
arm, or other weapon or 
dangerous device (other than 
for mere personal monetary 
gain); or 
‘‘(ff) a threat, attempt, or 
conspiracy to carry out any of 
the activities described in items 
(aa) through (ee). 
‘‘(V) 
TERRORIST
ORGANIZA-
TION.—The term ‘terrorist organiza-
tion’ means an organization— 
‘‘(aa) designated under sec-
tion 219; 
‘‘(bb) otherwise designated, 
upon publication in the Federal 
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Register, by the Secretary of 
State in consultation with or 
upon the request of the Attorney 
General or the Secretary of 
Homeland Security, as a terrorist 
organization, after finding that 
the organization engages in the 
activities described in items (aa) 
through (ff) of subclause (I); or 
‘‘(cc) that is a group of 2 or 
more individuals, whether orga-
nized or not, which engages in, or 
has a subgroup which engages in, 
the activities described in items 
(aa) through (ff) of subclause 
(I).’’. 
(b) CHILD SOLDIERS.— 
(1) INADMISSIBILITY.—Section 212(a)(3)(G) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(G)) is amended by adding at the end the 
following ‘‘This subparagraph shall not apply to an 
alien who establishes that the actions giving rise to 
inadmissibility under this subparagraph were com-
mitted under duress or carried out while the alien 
was younger than 18 years of age.’’. 
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(2) DEPORTABILITY.—Section 237(a)(4)(F) of 
such Act (8 U.S.C. 1227(a)(4)(F)) is amended— 
(A) by redesignating subparagraph (F) as 
subparagraph (G); 
(B) by redesignating subparagraph (E) (as 
added by section 5502(b)), as subparagraph 
(F); and 
(C) in subparagraph (G), as redesignated, 
by adding at the end the following ‘‘This sub-
paragraph shall not apply to an alien who es-
tablishes that the actions giving rise to deport-
ability under this subparagraph were committed 
under duress or carried out while the alien was 
younger than 18 years of age.’’. 
(c) TEMPORARY ADMISSION OF NONIMMIGRANTS.— 
Section 212(d)(3)(B)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read 
as follows: 
‘‘(B)(i) The Secretary of State, after consulta-
tion with the Attorney General and the Secretary of 
Homeland Security, or the Secretary of Homeland 
Security, after consultation with the Secretary of 
State and the Attorney General, may conclude, in 
such Secretary’s sole, unreviewable discretion, that 
subsection (a)(3)(B) shall not apply to an alien or 
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that subsection (a)(3)(B)(iii)(V)(cc) shall not apply 
to a group. The Secretary of State may not exercise 
discretion under this clause with respect to an alien 
after removal proceedings against the alien have 
commenced under section 240.’’. 
SEC. 5. PROTECTING CERTAIN VULNERABLE GROUPS OF 
ASYLUM SEEKERS. 
(a) DEFINED TERM.—Section 101(a)(42) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(42)) is 
amended to read as follows: 
‘‘(42)(A) The term ‘refugee’ means any person 
who— 
‘‘(i)(I) is outside any country of such per-
son’s nationality or, in the case of a person hav-
ing no nationality, is outside any country in 
which such person last habitually resided; and 
‘‘(II) is unable to return to, and is unable 
or unwilling to avail himself or herself of the 
protection of, that country because of persecu-
tion, or a well-founded fear of persecution, on 
account of race, religion, nationality, member-
ship in a particular social group, or political 
opinion; or 
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‘‘(ii) in such circumstances as the Presi-
dent may specify, after appropriate consultation 
(as defined in section 207(e))— 
‘‘(I) is within the country of such per-
son’s nationality or, in the case of a person 
having no nationality, within the country 
in which such person is habitually residing; 
and 
‘‘(II) is persecuted, or who has a well- 
founded fear of persecution, on account of 
race, religion, nationality, membership in a 
particular social group, or political opinion. 
‘‘(B) The term ‘refugee’ does not include any 
person who ordered, incited, assisted, or otherwise 
participated in the persecution of any person on ac-
count of race, religion, nationality, membership in a 
particular social group, or political opinion. 
‘‘(C) For purposes of determinations under this 
Act— 
‘‘(i) a person who has been forced to abort 
a pregnancy or to undergo involuntary steriliza-
tion, or who has been persecuted for failure or 
refusal to undergo such a procedure or for 
other resistance to a coercive population control 
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program, shall be deemed to have been per-
secuted on account of political opinion; and 
‘‘(ii) a person who has a well-founded fear 
that he or she will be forced to undergo such 
a procedure or subject to persecution for such 
failure, refusal, or resistance shall be deemed to 
have a well-founded fear of persecution on ac-
count of political opinion. 
‘‘(D) For purposes of determinations under this 
Act, any group whose members share a char-
acteristic that is either immutable or fundamental to 
identity, conscience, or the exercise of the person’s 
human rights such that the person should not be re-
quired to change it, shall be deemed a particular so-
cial group, without any additional requirement.’’. 
(b) CONDITIONS FOR GRANTING ASYLUM.—Section 
208(b)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(1)(B)) is amended— 
(1) in clause (i), by striking ‘‘at least one cen-
tral reason for persecuting the applicant’’ and in-
serting ‘‘a factor in the applicant’s persecution or 
fear of persecution’’; 
(2) in clause (ii), by striking the last sentence 
and inserting the following: ‘‘If the trier of fact de-
termines that the applicant should provide evidence 
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that corroborates otherwise credible testimony, the 
trier of fact shall provide notice and allow the appli-
cant a reasonable opportunity to file such evidence 
unless the applicant does not have the evidence and 
cannot reasonably obtain the evidence.’’; 
(3) by redesignating clause (iii) as clause (iv); 
(4) by inserting after clause (ii) the following: 
‘‘(iii) SUPPORTING EVIDENCE ACCEPT-
ED.—Direct or circumstantial evidence, in-
cluding evidence that the State is unable to 
protect the applicant or that State legal or 
social norms tolerate such persecution 
against persons like the applicant, may es-
tablish that persecution is on account of 
race, religion, nationality, membership in a 
particular social group, or political opin-
ion.’’; and 
(5) in clause (iv), as redesignated, by striking 
‘‘, without regard to whether an inconsistency, inac-
curacy, or falsehood goes to the heart of the appli-
cant’s claim, or any other relevant factor.’’ and in-
serting ‘‘. If the trier of fact determines that there 
are inconsistencies or omissions, the alien shall be 
given an opportunity to explain and to provide sup-
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port or evidence to clarify such inconsistencies or 
omissions.’’. 
(c) REMOVAL PROCEEDINGS.—Section 240(c)(4) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229a(c)(4)) is amended— 
(1) in subparagraph (B), by striking the last 
sentence and inserting the following: ‘‘If the trier of 
fact determines that the applicant should provide 
evidence that corroborates otherwise credible testi-
mony, the trier of fact shall provide notice and allow 
the applicant a reasonable opportunity to file such 
evidence unless the applicant does not have the evi-
dence and cannot reasonably obtain the evidence.’’; 
and 
(2) in subparagraph (C), by striking ‘‘, without 
regard to whether an inconsistency, inaccuracy, or 
falsehood goes to the heart of the applicant’s claim, 
or any other relevant factor.’’ and inserting ‘‘. If the 
trier of fact determines that there are inconsist-
encies or omissions, the alien shall be given an op-
portunity to explain and to provide support or evi-
dence to clarify such inconsistencies or omissions.’’. 
SEC. 6. EFFECTIVE ADJUDICATION OF PROCEEDINGS. 
Section 240(b)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1229a(b)(4)) is amended— 
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(1) in the matter preceding subparagraph (A), 
by striking ‘‘In proceedings under this section, under 
regulations of the Attorney General’’ and inserting 
‘‘The Attorney General shall promulgate regulations 
for proceedings under this section, under which—’’ 
(2) in subparagraph (B), by striking ‘‘, and’’ at 
the end and inserting a semicolon; 
(3) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(4) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) the Attorney General, or the designee 
of the Attorney General, may appoint counsel to 
represent an alien if the fair resolution or effec-
tive adjudication of the proceedings would be 
served by appointment of counsel; and’’. 
SEC. 7. SCOPE AND STANDARD FOR REVIEW. 
Section 242(b) of the Immigration and Nationality 
Act (8 U.S.C. 1252(b)) is amended— 
(1) in paragraph (1), by adding at the end the 
following: ‘‘The alien shall not be removed during 
such 30-day period, unless the alien indicates in 
writing that he or she wishes to be removed before 
the expiration of such period.’’; and 
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(2) by striking paragraph (4) and inserting the 
following: 
‘‘(4) SCOPE AND STANDARD FOR REVIEW.—Ex-
cept as provided in paragraph (5)(B), the court of 
appeals shall sustain a final decision ordering re-
moval unless it is contrary to law, an abuse of dis-
cretion, or not supported by substantial evidence. 
The court of appeals shall decide the petition only 
on the administrative record on which the order of 
removal is based.’’. 
SEC. 8. EFFICIENT ASYLUM DETERMINATION PROCESS. 
Section 235(b)(1)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1225(b)(1)(B)) is amended— 
(1) in clause (ii), by striking ‘‘shall be detained 
for further consideration of the application for asy-
lum.’’ and inserting ‘‘may, in the Secretary’s discre-
tion, be detained for further consideration of the ap-
plication for asylum by an asylum officer designated 
by the Director of United States Citizenship and Im-
migration Services. The asylum officer, after con-
ducting a nonadversarial asylum interview, may 
grant asylum to the alien under section 208 or refer 
the case to a designee of the Attorney General, for 
a de novo asylum determination, for relief under the 
Convention Against Torture and Other Cruel, Inhu-
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man or Degrading Treatment or Punishment, done 
at New York December 10, 1984, or for withholding 
of removal under section 241(b)(3).’’; and 
(2) in clause (iii)(IV)— 
(A) by amending the subclause heading to 
read as follows: 
‘‘(IV) DETENTION.—’’; and 
(B) by striking ‘‘shall’’ and inserting 
‘‘may, in the Secretary’s discretion,’’. 
SEC. 9. SECURE ALTERNATIVES PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
the Secure Alternatives Program (referred to in this sec-
tion as the ‘‘Program’’) under which an alien who has 
been detained may be released under enhanced super-
vision— 
(1) to prevent the alien from absconding; 
(2) to ensure that the alien makes appearances 
related to such detention; and 
(3) to authorize and promote the utilization of 
alternatives to detention of asylum seekers. 
(b) PROGRAM REQUIREMENTS.— 
(1) NATIONWIDE IMPLEMENTATION.—The Sec-
retary shall facilitate the nationwide implementation 
of the Program. 
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(2) UTILIZATION OF ALTERNATIVES.—The Pro-
gram shall utilize a continuum of alternatives based 
on the alien’s need for supervision, which may in-
clude placement of the alien— 
(A) with an individual or organizational 
sponsor; or 
(B) in a supervised group home. 
(3) PROGRAM ELEMENTS.—The Program shall 
include— 
(A) individualized case management by an 
assigned case supervisor; and 
(B) referral to community-based providers 
of legal and social services. 
(4) RESTRICTIVE ELECTRONIC MONITORING.— 
(A) IN
GENERAL.—Restrictive electronic 
monitoring devices, such as ankle bracelets, 
may not be used unless there is a demonstrated 
need for such enhanced monitoring. 
(B) PERIODIC
REVIEW.—The Secretary 
shall periodically review any decision to require 
the use of devices described in subparagraph 
(A). 
(5) ALIENS
ELIGIBLE
FOR
SECURE
ALTER-
NATIVES PROGRAM.— 
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(A) IN GENERAL.—Asylum seekers denied 
parole under section 235(b)(1)(B) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1225(b)(1)(B)) shall be eligible to participate in 
the Program. 
(B) PROGRAM
DESIGN.—The Program 
shall be designed to ensure sufficient super-
vision of the population described in subpara-
graph (A). 
(6) INDIVIDUALIZED
DETERMINATIONS.—For 
aliens who pose a flight risk, the Secretary shall 
make an individualized determination as to whether 
this risk can be mitigated through the Program. 
(7) RULEMAKING.—The Attorney General and 
the Secretary shall promulgate regulations estab-
lishing procedures for the review of any determina-
tion under this section by an immigration judge, un-
less the alien waives the right to such review. 
(8) CONTRACTS.—The Secretary shall enter 
into contracts with qualified nongovernmental enti-
ties to implement the Program. 
(9) OTHER CONSIDERATIONS.—In designing the 
Program, the Secretary shall— 
(A) consult with relevant experts; and 
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(B) consider programs that have proven 
successful in the past, including the Appearance 
Assistance Program developed by the Vera In-
stitute of Justice. 
(c) 
PAROLE
OF
CERTAIN
ALIENS.—Section 
235(b)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)) is amended— 
(1) by redesignating clause (v) as clause (vi); 
and 
(2) by inserting after clause (iv) the following: 
‘‘(v) RELEASE.— 
‘‘(I) IN
GENERAL.—Any alien 
subject to detention under this sub-
section who has been determined to 
have a credible fear of persecution 
shall be released from the custody of 
the Department of Homeland Security 
not later than 7 days after such deter-
mination unless the Secretary of 
Homeland Security demonstrates by 
substantial evidence that the alien— 
‘‘(aa) poses a risk to public 
safety, which may include a risk 
to national security; or 
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‘‘(bb) is a flight risk, which 
cannot 
be 
mitigated 
through 
other conditions of release, such 
as bond or secure alternatives, 
that would reasonably ensure 
that the alien would appear for 
immigration proceedings. 
‘‘(II) NOTICE.—The Secretary of 
Homeland Security shall provide every 
alien and the alien’s legal representa-
tive with written notification of the 
parole decision, including a brief ex-
planation of the reasons for any deci-
sion to deny parole. The notification 
should be communicated to the alien 
orally or in writing, in a language the 
alien claims to understand.’’. 
SEC. 10. CONDITIONS OF DETENTION. 
(a) IN GENERAL.—The Secretary shall promulgate 
regulations that— 
(1) establish the conditions for the detention of 
asylum seekers that ensure a safe and humane envi-
ronment; and 
(2) include the rights and procedures set forth 
in subsections (c) through (e). 
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(b) DEFINITIONS.—In this section: 
(1) DETAINEE.—The term ‘‘detainee’’ means 
an individual who is detained under the authority of 
U.S. Immigration and Customs Enforcement. 
(2) DETENTION FACILITY.—The term ‘‘deten-
tion facility’’ means any Federal, State, or local gov-
ernment facility or privately owned and operated fa-
cility, which is being used to hold detainees longer 
than 72 hours. 
(3) GROUP
LEGAL
ORIENTATION
PRESEN-
TATIONS.—The term ‘‘group legal orientation pres-
entations’’ means live group presentations, supple-
mented by individual orientations, pro se workshops, 
and pro bono referrals, that— 
(A) are carried out by private nongovern-
mental organizations; 
(B) are presented to detainees; 
(C) inform detainees about United States 
immigration law and procedures; and 
(D) enable detainees to determine their eli-
gibility for relief. 
(4) SHORT-TERM DETENTION FACILITY.—The 
term ‘‘short-term detention facility’’ means any de-
tention facility that is used to hold immigration de-
tainees for not more than 72 hours. 
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(c) ACCESS TO LEGAL SERVICES.— 
(1) LISTS OF LEGAL SERVICE PROVIDERS.—All 
detainees arriving at a detention facility shall 
promptly receive— 
(A) access to legal information, including 
an on-site law library with up-to-date legal ma-
terials and law databases; 
(B) free access to the necessary equipment 
and materials for legal research and cor-
respondence, such as computers, printers, copi-
ers, and typewriters; 
(C) an accurate, updated list of free or 
low-cost immigration legal service providers 
that— 
(i) are near such detention facility; 
and 
(ii) can assist those with limited 
English proficiency or disabilities; 
(D) confidential meeting space to confer 
with legal counsel; and 
(E) services to send confidential legal doc-
uments to legal counsel, government offices, 
and legal organizations. 
(2) GROUP
LEGAL
ORIENTATION
PRESEN-
TATIONS.—The Secretary shall establish procedures 
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for regularly scheduled, group legal orientation pres-
entations. 
(3) GRANTS AUTHORIZED.—The Secretary shall 
establish a program to award grants to nongovern-
mental agencies for the purpose of developing, imple-
menting, or expanding legal orientation programs 
available for all detainees at the detention facilities 
in which such programs are offered. 
(4) VISITS.—Detainees shall be provided ade-
quate access to contact visits from— 
(A) legal service providers, including attor-
neys, paralegals, law graduates, law students, 
and representatives accredited by the Board of 
Immigration Appeals; 
(B) consultants, as authorized under sec-
tion 235(b) of the Immigration and Nationality 
Act (8 U.S.C. 1225(b)), before and during 
interviews in which determinations of credible 
fear of persecution are made; and 
(C) individuals assisting in the provision of 
legal representation and documentation in sup-
port of the asylum seekers’ cases, including in-
terpreters, medical personnel, mental health 
providers, social welfare workers, expert and 
fact witnesses, and others. 
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(5) NOTIFICATION
REQUIREMENT.—The Sec-
retary shall establish procedures to provide detainees 
with adequate and prompt notice, in the language of 
the detainee, of their available release options and 
the procedures for requesting such options. 
(6) LOCATION
OF
NEW
DETENTION
FACILI-
TIES.—All detention facilities first used by the De-
partment of Homeland Security after the date of the 
enactment of this Act shall be located within 50 
miles of a community in which there is a dem-
onstrated capacity to provide free or low-cost legal 
representation by— 
(A) nonprofit legal aid organizations; or 
(B) pro bono attorneys with expertise in 
asylum or immigration law. 
(7) NOTIFICATION OF TRANSFERS.—The Sec-
retary shall establish procedures requiring the 
prompt notification of the legal representative of a 
detainee before transferring such detainee to another 
detention facility. 
(8) ACCESS TO TELEPHONES.— 
(A) IN GENERAL.—Not later than 6 hours 
after the commencement of a detention of a de-
tainee, the detainee shall be provided reasonable 
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access to a telephone, with at least 1 working 
telephone available for every 25 detainees. 
(B) CONTACTS.—Each detainee has the 
right to contact by telephone, free of charge— 
(i) legal representatives; 
(ii) 
nongovernmental 
organizations 
designated by the Secretary; 
(iii) consular officials; 
(iv) the United Nations High Com-
missioner for Refugees; 
(v) Federal and State courts in which 
the detainee is, or may become, involved in 
a legal proceeding; and 
(vi) all Government immigration agen-
cies and adjudicatory bodies, including the 
Office of the Inspector General of the De-
partment of Homeland Security and the 
Office for Civil Rights and Civil Liberties 
of the Department of Homeland Security, 
through confidential toll-free numbers. 
(d) RELIGIOUS AND CULTURAL PROVISIONS.— 
(1) ACCESS TO RELIGIOUS SERVICES.—Detain-
ees shall be given full and equitable access to reli-
gious services, religious materials, opportunity for 
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religious group study, and religious counseling ap-
propriate to their religious beliefs and practices. 
(2) CHAPLAINS.—Each detention facility shall 
have a chaplain, who shall be responsible for— 
(A) managing the religious activities at the 
detention facility, including providing pastoral 
care and counseling to detainees; and 
(B) facilitating access to pastoral care and 
counseling from external clergy or religious 
service providers who represent the faiths of the 
detainees at the facility. 
(3) DIETARY NEEDS.—The Secretary shall en-
sure that the religious, medical, and cultural dietary 
needs of the detainees are met. 
(4) QUALIFICATIONS OF STAFF.—The Secretary 
shall ensure that detention facility staff members are 
trained to recognize and address cultural and gender 
issues relevant to male, female, and child detainees. 
(5) ACCESS
TO
DETENTION
FACILITIES
BY 
NONGOVERNMENTAL
ORGANIZATIONS.—Nongovern-
mental organizations shall be provided reasonable 
access to a detention facility to— 
(A) observe the conditions of detention 
outlined in this section; 
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(B) engage in teaching and training pro-
grams for the detainees detained at the facility; 
and 
(C) provide legal or religious services to 
the detainees. 
(e) LIMITATIONS
ON
SOLITARY
CONFINEMENT, 
SHACKLING, AND STRIP SEARCHES.— 
(1) EXTRAORDINARY
CIRCUMSTANCES.—Soli-
tary confinement, shackling, and strip searches of 
detainees— 
(A) may not be used unless such tech-
niques are necessitated by extraordinary cir-
cumstances in which the safety of other persons 
is at imminent risk; and 
(B) may not be used for the purpose of 
humiliating detainees within or outside the de-
tention facility. 
(2) PROTECTED
CLASSES.—Solitary confine-
ment, shackling, and strip searches may not be used 
on pregnant women, nursing mothers, women in 
labor or delivery, or children who are younger than 
18 years of age. Strip searches may not be con-
ducted in the presence of children who are younger 
than 21 years of age. 
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(3) WRITTEN
POLICIES.—Detention facilities 
shall— 
(A) adopt written policies pertaining to the 
use of force and restraints; and 
(B) train all staff on the proper use of 
such techniques and devices. 
SEC. 11. TIMELY NOTICE OF IMMIGRATION CHARGES. 
Section 236 of the Immigration and Nationality Act 
(8 U.S.C. 1226) is amended by adding at the end the fol-
lowing: 
‘‘(f) NOTICE
AND CHARGES.—Not later than 48 
hours after the commencement of a detention of an indi-
vidual under this section, the Secretary of Homeland Se-
curity shall— 
‘‘(1) file a Notice to Appear or other relevant 
charging document with the immigration court clos-
est to the location at which the individual was appre-
hended; and 
‘‘(2) serve such notice or charging document on 
the individual.’’. 
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SEC. 12. PROCEDURES FOR ENSURING ACCURACY AND 
VERIFIABILITY 
OF 
SWORN 
STATEMENTS 
TAKEN PURSUANT TO EXPEDITED REMOVAL 
AUTHORITY. 
(a) IN GENERAL.—The Secretary shall establish 
quality assurance procedures to ensure the accuracy and 
verifiability of signed or sworn statements taken by em-
ployees of the Department of Homeland Security exer-
cising expedited removal authority under section 235(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1225(b)). 
(b) RECORDING OF INTERVIEWS.— 
(1) IN GENERAL.—Any sworn or signed written 
statement taken from an alien as part of the record 
of a proceeding under section 235(b)(1)(A) of the 
Immigration and Nationality Act shall be accom-
panied by a recording of the interview which served 
as the basis for such sworn statement. 
(2) CONTENT.—The recording shall include— 
(A) a reading of the entire written state-
ment to the alien in a language that the alien 
claims to understand; and 
(B) the verbal affirmation by the alien of 
the accuracy of— 
(i) the written statement; or 
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(ii) a corrected version of the written 
statement. 
(3) FORMAT.—The recording shall be made in 
video, audio, or other equally reliable format. 
(4) EVIDENCE.—Recordings of interviews under 
this subsection may be considered as evidence in any 
further proceedings involving the alien. 
(c) EXEMPTION AUTHORITY.— 
(1) EXEMPTED
FACILITIES.—Subsection (b) 
shall not apply to interviews that occur at detention 
facilities exempted by the Secretary under this sub-
section. 
(2) CRITERIA.—The Secretary, or the Sec-
retary’s designee, may exempt any detention facility 
if compliance with subsection (b) at that facility 
would impair operations or impose undue burdens or 
costs. 
(3) REPORT.—The Secretary shall annually 
submit a report to Congress that identifies the facili-
ties that have been exempted under this subsection. 
(4) NO PRIVATE CAUSE OF ACTION.—Nothing 
in this subsection may be construed to create a pri-
vate cause of action for damages or injunctive relief. 
(d) INTERPRETERS.—The Secretary shall ensure that 
a professional fluent interpreter is used if— 
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(1) the interviewing officer does not speak a 
language understood by the alien; and 
(2) there is no other Federal Government em-
ployee available who is able to interpret effectively, 
accurately, and impartially. 
SEC. 13. STUDY ON THE EFFECT OF EXPEDITED REMOVAL 
PROVISIONS, PRACTICES, AND PROCEDURES 
ON ASYLUM CLAIMS. 
(a) STUDY.— 
(1) IN GENERAL.—The United States Commis-
sion on International Religious Freedom (referred to 
in this section as the ‘‘Commission’’) is authorized 
to conduct a study to determine whether immigra-
tion officers described in paragraph (2) are engaging 
in conduct described in paragraph (3). 
(2) IMMIGRATION
OFFICERS
DESCRIBED.—An 
immigration officer described in this paragraph is an 
immigration officer performing duties under section 
235(b) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)) with respect to aliens who— 
(A) are apprehended after entering the 
United States; and 
(B) may be eligible to apply for asylum 
under section 208 or 235 of such Act. 
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(3) CONDUCT DESCRIBED.—An immigration of-
ficer engages in conduct described in this paragraph 
if the immigration officer— 
(A) improperly encourages an alien re-
ferred to in paragraph (2) to withdraw or re-
tract claims for asylum; 
(B) incorrectly fails to refer such an alien 
for an interview by an asylum officer to deter-
mine whether the alien has a credible fear of 
persecution 
(as 
defined 
in 
section 
235(b)(1)(B)(v) 
of 
such 
Act 
(8 
U.S.C. 
1225(b)(1)(B)(v))); 
(C) incorrectly removes such an alien to a 
country in which the alien may be persecuted; 
or 
(D) detains such an alien improperly or 
under inappropriate conditions. 
(b) REPORT.—Not later than 2 years after the date 
on which the Commission initiates the study under sub-
section (a), the Commission shall submit a report con-
taining the results of the study to— 
(1) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
(2) the Committee on the Judiciary of the Sen-
ate; 
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(3) the Committee on Foreign Relations of the 
Senate; 
(4) the Committee on Homeland Security of the 
House of Representatives; 
(5) the Committee on the Judiciary of the 
House of Representatives; and 
(6) the Committee on Foreign Affairs of the 
House of Representatives. 
(c) STAFF.— 
(1) FROM OTHER AGENCIES.— 
(A) IDENTIFICATION.—The Commission 
may identify employees of the Department of 
Homeland Security, the Department of Justice, 
and the Government Accountability Office that 
have significant expertise and knowledge of ref-
ugee and asylum issues. 
(B) DESIGNATION.—At the request of the 
Commission, the Secretary, the Attorney Gen-
eral, and the Comptroller General of the United 
States shall authorize staff identified under 
subparagraph (A) to assist the Commission in 
conducting the study under subsection (a). 
(2) ADDITIONAL STAFF.—The Commission may 
hire additional staff and consultants to conduct the 
study under subsection (a). 
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(3) ACCESS TO PROCEEDINGS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary and the Attor-
ney General shall provide staff designated 
under paragraph (1) or hired under paragraph 
(2) with unrestricted access to all stages of all 
proceedings conducted under section 235(b) of 
the Immigration and Nationality Act (8 U.S.C. 
1225(b)). 
(B) EXCEPTIONS.—The Secretary and the 
Attorney General may not permit unrestricted 
access under subparagraph (A) if— 
(i) the alien subject to a proceeding 
under such section 235(b) objects to such 
access; or 
(ii) the Secretary or Attorney General 
determines that the security of a particular 
proceeding would be threatened by such 
access. 
SEC. 14. REFUGEE OPPORTUNITY PROMOTION. 
Section 209 of the Immigration and Nationality Act 
(8 U.S.C. 1159) is amended— 
(1) in subsection (a)(1)(B), by striking ‘‘one 
year,’’ and inserting ‘‘1 year (except as provided 
under subsection (d));’’; 
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(2) in subsection (b)(2), by striking ‘‘asylum,’’ 
and inserting ‘‘asylum (except as provided under 
subsection (d));’’; and 
(3) by adding at the end the following: 
‘‘(d) EXCEPTION TO PHYSICAL PRESENCE REQUIRE-
MENT.—An alien who does not meet the 1-year physical 
presence requirement under subsection (a)(1)(B) or 
(b)(2), but who otherwise meets the requirements under 
subsection (a) or (b) for adjustment of status to that of 
an alien lawfully admitted for permanent residence, may 
be eligible for such adjustment of status if the alien— 
‘‘(1) is or was employed by— 
‘‘(A) the United States Government or a 
contractor of the United States Government 
overseas and performing work on behalf of the 
United States Government for the entire period 
of absence, which may not exceed 1 year; or 
‘‘(B) the United States Government or a 
contractor of the United States Government in 
the alien’s country of nationality or last habit-
ual residence for the entire period of absence, 
which may not exceed 1 year, and the alien was 
under the protection of the United States Gov-
ernment or a contractor while performing work 
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on behalf of the United States Government dur-
ing the entire period of employment; and 
‘‘(2) returned immediately to the United States 
upon the conclusion of the employment.’’. 
SEC. 15. PROTECTIONS FOR MINORS SEEKING ASYLUM. 
(a) IN GENERAL.—Section 208 of the Immigration 
and Nationality Act (8 U.S.C. 1158) is amended— 
(1) in subsection (a)(2), as amended by section 
3, by amending subparagraph (E) to read as follows: 
‘‘(E) APPLICABILITY
TO
MINORS.—Sub-
paragraphs (A), (B), and (C) shall not apply to 
an applicant who is younger than 18 years of 
age on the earlier of— 
‘‘(i) the date on which the asylum ap-
plication is filed; or 
‘‘(ii) the date on which any Notice to 
Appear is issued.’’; and 
(2) in subsection (b)(3), by amending subpara-
graph (C) to read as follows: 
‘‘(C) INITIAL JURISDICTION.—An asylum 
officer (as defined in section 235(b)(1)(E)) 
shall have initial jurisdiction over any asylum 
application filed by an applicant who is younger 
than 18 years of age on the earlier of— 
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‘‘(i) the date on which the asylum ap-
plication is filed; or 
‘‘(ii) the date on which any Notice to 
Appear is issued.’’. 
(b) REINSTATEMENT OF REMOVAL.—Section 241(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1231(a)) is amended— 
(1) in paragraph (5), by striking ‘‘If the Attor-
ney General’’ and inserting ‘‘Except as provided in 
paragraph (8), if the Secretary of Homeland Secu-
rity’’; and 
(2) by adding at the end of the following: 
‘‘(8) APPLICABILITY
OF
REINSTATEMENT
OF 
REMOVAL.—Paragraph (5) shall not apply to an 
alien who has reentered the United States illegally 
after having been removed or having departed volun-
tarily, under an order of removal, if the alien was 
younger than 18 years of age on the date on which 
the alien was removed or departed voluntarily under 
an order of removal.’’. 
SEC. 16. LEGAL ASSISTANCE FOR REFUGEES AND ASYLEES. 
Section 412(c)(1)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1522(c)(1)(A)) is amended— 
(1) in clause (ii), by striking ‘‘and’’ at an end; 
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(2) by redesignating clause (iii) as clause (iv); 
and 
(3) by inserting after clause (ii) the following: 
‘‘(iii) to provide legal services for refugees to 
assist them in obtaining immigration benefits for 
which they are eligible; and’’. 
SEC. 17. PROTECTION OF STATELESS PERSONS IN THE 
UNITED STATES. 
(a) IN GENERAL.—Chapter 1 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1151 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 210A. PROTECTION OF STATELESS PERSONS IN THE 
UNITED STATES. 
‘‘(a) DEFINED TERM.— 
‘‘(1) IN GENERAL.—In this section, the term 
‘de jure stateless person’ means an individual who is 
not considered a national under the laws of any 
country. Individuals who have lost their nationality 
as a result of their voluntary action or knowing inac-
tion after arrival in the United States shall not be 
considered de jure stateless persons. 
‘‘(2) DESIGNATION
OF
SPECIFIC
DE
JURE 
GROUPS.—The Secretary of Homeland Security, in 
consultation with the Secretary of State, may, in the 
discretion of the Secretary, designate specific groups 
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of individuals who are considered de jure stateless 
persons, for purposes of this section. 
‘‘(b) MECHANISMS FOR REGULARIZING THE STATUS 
OF STATELESS PERSONS.— 
‘‘(1) RELIEF
FOR
INDIVIDUALS
DETERMINED 
TO BE DE JURE STATELESS PERSONS.—The Sec-
retary of Homeland Security or the Attorney Gen-
eral may, in his or her discretion, provide conditional 
lawful status to an alien who is otherwise inadmis-
sible or deportable from the United States if the 
alien— 
‘‘(A) is a de jure stateless person; 
‘‘(B) applies for such relief; 
‘‘(C) is not inadmissible under paragraph 
(2) or (3) of section 212(a); and 
‘‘(D) 
is 
not 
described 
in 
section 
241(b)(3)(B)(i). 
‘‘(2) WAIVERS.—The provisions under para-
graphs (4), (5), (6)(A), (7)(A), and (9) of section 
212(a) shall not be applicable to any alien seeking 
relief under paragraph (1). The Secretary of Home-
land Security or the Attorney General may waive 
any other provision of such section (other than para-
graph (2)(C) or subparagraph (A), (B), (C), or (E) 
of paragraph (3)) with respect to such an alien for 
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humanitarian purposes, to assure family unity, or if 
it is otherwise in the public interest. 
‘‘(3) SUBMISSION
OF
PASSPORT
OR
TRAVEL 
DOCUMENT.—Any alien who seeks relief under this 
section shall submit to the Secretary of Homeland 
Security or the Attorney General— 
‘‘(A) any passport or travel document 
issued at any time to the alien (whether or not 
the passport or document has expired or been 
cancelled, rescinded, or revoked); or 
‘‘(B) an affidavit, sworn under penalty of 
perjury— 
‘‘(i) stating that the alien has never 
been issued a passport or travel document; 
or 
‘‘(ii) identifying with particularity any 
such passport or travel document and ex-
plaining why the alien cannot submit it. 
‘‘(4) WORK AUTHORIZATION.—The Secretary of 
Homeland Security may— 
‘‘(A) authorize an alien who has applied 
for relief under paragraph (1) to engage in em-
ployment in the United States while such appli-
cation is being considered; and 
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‘‘(B) provide such applicant with an em-
ployment authorized endorsement or other ap-
propriate document signifying authorization of 
employment. 
‘‘(5) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—The spouse or child of an alien who has 
been granted conditional lawful status under para-
graph (1) shall, if not otherwise eligible for admis-
sion under paragraph (1), be granted conditional 
lawful status under this section if accompanying, or 
following to join, such alien if— 
‘‘(A) the spouse or child is admissible (ex-
cept as otherwise provided in paragraph (2)); 
and 
‘‘(B) the qualifying relationship to the 
principal beneficiary existed on the date on 
which such alien was granted conditional lawful 
status. 
‘‘(c) ADJUSTMENT OF STATUS.— 
‘‘(1) INSPECTION AND EXAMINATION.—At the 
end of the 5-year period beginning on the date on 
which an alien has been granted conditional lawful 
status under subsection (b), the alien may apply for 
lawful permanent residence in the United States if— 
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‘‘(A) the alien has been physically present 
in the United States for at least 5 years; 
‘‘(B) the alien’s conditional lawful status 
has not been terminated by the Secretary of 
Homeland Security or the Attorney General, 
pursuant to such regulations as the Secretary 
or the Attorney General may prescribe; and 
‘‘(C) the alien has not otherwise acquired 
permanent resident status. 
‘‘(2) REQUIREMENTS
FOR
ADJUSTMENT
OF 
STATUS.—The Secretary of Homeland Security or 
the Attorney General, under such regulations as the 
Secretary or the Attorney General may prescribe, 
may adjust the status of an alien granted condi-
tional lawful status under subsection (b) to that of 
an alien lawfully admitted for permanent residence 
if such alien— 
‘‘(A) is a de jure stateless person; 
‘‘(B) properly applies for such adjustment 
of status; 
‘‘(C) has been physically present in the 
United States for at least 5 years after being 
granted conditional lawful status under sub-
section (b); 
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‘‘(D) is not firmly resettled in any foreign 
country; and 
‘‘(E) is admissible (except as otherwise 
provided under subsection (b)(2)) as an immi-
grant under this chapter at the time of exam-
ination of such alien for adjustment of status. 
‘‘(3) RECORD.—Upon approval of an applica-
tion under this subsection, the Secretary of Home-
land Security or the Attorney General shall establish 
a record of the alien’s admission for lawful perma-
nent residence as of the date that is 5 years before 
the date of such approval. 
‘‘(d) PROVING
THE
CLAIM.—In determining an 
alien’s eligibility for lawful conditional status or adjust-
ment of status under this subsection, the Secretary of 
Homeland Security or the Attorney General shall consider 
any credible evidence relevant to the application. The de-
termination of what evidence is credible and the weight 
to be given that evidence shall be within the sole discretion 
of the Secretary or the Attorney General. 
‘‘(e) REVIEW.— 
‘‘(1) ADMINISTRATIVE
REVIEW.—No appeal 
shall lie from the denial of an application by the 
Secretary, but such denial will be without prejudice 
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to the alien’s right to renew the application in pro-
ceedings under section 240. 
‘‘(2) MOTIONS
TO
REOPEN.—Notwithstanding 
any limitation imposed by law on motions to reopen 
removal, deportation, or exclusion proceedings, any 
individual who is eligible for relief under this section 
may file a motion to reopen removal or deportation 
proceedings in order to apply for relief under this 
section. Any such motion shall be filed not later than 
the later of— 
‘‘(A) 2 years after the date of the enact-
ment of the Refugee Protection Act of 2011; or 
‘‘(B) 90 days after the date of entry of a 
final administrative order of removal, deporta-
tion, or exclusion. 
‘‘(f) LIMITATION.— 
‘‘(1) APPLICABILITY.—The provisions of this 
section shall only apply to aliens present in the 
United States. 
‘‘(2) SAVINGS PROVISION.—Nothing in this sec-
tion may be construed to authorize or require— 
‘‘(A) the admission of any alien to the 
United States; 
‘‘(B) the parole of any alien into the 
United States; or 
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‘‘(C) the grant of any motion to reopen or 
reconsider filed by an alien after departure or 
removal from the United States.’’. 
(b) JUDICIAL REVIEW.—Section 242(a)(2)(B)(ii) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1252(a)(2)(B)(ii)) is amended by inserting ‘‘or 210A’’ 
after ‘‘208(a)’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
inserting after the item relating to section 210 the fol-
lowing: 
‘‘Sec. 210A. Protection of stateless persons in the United States.’’. 
SEC. 18. AUTHORITY TO DESIGNATE CERTAIN GROUPS OF 
REFUGEES FOR CONSIDERATION. 
(a) IN GENERAL.—Section 207(c)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1157(c)(1)) is amend-
ed— 
(1) by inserting ‘‘(A)’’ before ‘‘Subject to the 
numerical limitations’’; and 
(2) by adding at the end the following: 
‘‘(B)(i) The President, upon a recommendation of the 
Secretary of State made in consultation with the Secretary 
of Homeland Security, and after appropriate consultation, 
may designate specifically defined groups of aliens— 
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‘‘(I) whose resettlement in the United States is 
justified by humanitarian concerns or is otherwise in 
the national interest; and 
‘‘(II) who— 
‘‘(aa) share common characteristics that 
identify them as targets of persecution on ac-
count of race, religion, nationality, membership 
in a particular social group, or political opinion 
or of other serious harm; or 
‘‘(bb) having been identified as targets as 
described in item (aa), share a common need 
for resettlement due to a specific vulnerability. 
‘‘(ii) An alien who establishes membership in a group 
designated under clause (i) to the satisfaction of the Sec-
retary of Homeland Security shall be considered a refugee 
for purposes of admission as a refugee under this section 
unless the Secretary determines that such alien ordered, 
incited, assisted, or otherwise participated in the persecu-
tion of any person on account of race, religion, nationality, 
membership in a particular social group, or political opin-
ion. 
‘‘(iii) A designation under clause (i)— 
‘‘(I) may be revoked by the President at any 
time after notification to Congress; 
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‘‘(II) if not revoked under subclause (I), shall 
expire at the end of the fiscal year; and 
‘‘(III) may be renewed by the President after 
appropriate consultation. 
‘‘(iv) Categories of aliens established under section 
599D of Public Law 101–167 (8 U.S.C. 1157 note)— 
‘‘(I) shall be designated under clause (i) until 
the end of the first fiscal year commencing after the 
date of the enactment of the Refugee Protection Act 
of 2011; and 
‘‘(II) shall be eligible for designation thereafter 
at the discretion of the President. 
‘‘(v) An alien’s admission under this subparagraph 
shall count against the refugee admissions goal under sub-
section (a). 
‘‘(vi) A designation under clause (i) shall not influ-
ence decisions to grant, to any alien, asylum under section 
208, protection under section 241(b)(3), or protection 
under the Convention Against Torture and Other Cruel, 
Inhuman or Degrading Treatment or Punishment, done 
at New York December 10, 1984.’’. 
(b) WRITTEN REASONS FOR DENIALS OF REFUGEE 
STATUS.—Each decision to deny an application for ref-
ugee status of an alien who is within a category estab-
lished under section 207(c)(1)(B) of the Immigration and 
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Nationality Act, as added by subsection (a) shall be in 
writing and shall state, to the maximum extent feasible, 
the reason for the denial. 
(c) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the first day of the first 
fiscal year that begins after the date of the enactment of 
this Act. 
SEC. 19. MULTIPLE FORMS OF RELIEF. 
(a) IN GENERAL.—Applicants for admission as refu-
gees may simultaneously pursue admission under any visa 
category for which such applicants may be eligible. 
(b) ASYLUM APPLICANTS WHO BECOME ELIGIBLE 
FOR DIVERSITY VISAS.—Section 204(a)(1)(I) of the Im-
migration and Nationality Act (8 U.S.C. 1154(a)(1)(I)) 
is amended by adding at the end the following: 
‘‘(iv)(I) An asylum seeker in the United States who 
is notified that he or she is eligible for an immigrant visa 
pursuant to section 203(c) may file a petition with the 
district director that has jurisdiction over the district in 
which the asylum seeker resides (or, in the case of an asy-
lum seeker who is or was in removal proceedings, the im-
migration court in which the removal proceeding is pend-
ing or was adjudicated) to adjust status to that of a per-
manent resident. 
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‘‘(II) A petition under subclause (I) shall be filed not 
later than 30 days before the end of the fiscal year for 
which the petitioner received notice of eligibility for the 
visa and shall contain such information and be supported 
by such documentary evidence as the Secretary of State 
may require. 
‘‘(III) The district director or immigration court shall 
attempt to adjudicate each petition under this clause be-
fore the last day of the fiscal year for which the petitioner 
was selected. Notwithstanding clause (ii)(II), if the district 
director or immigration court is unable to complete such 
adjudication during such fiscal year, the adjudication and 
adjustment of the petitioner’s status may take place after 
the end of such fiscal year.’’. 
SEC. 20. PROTECTION OF REFUGEE FAMILIES. 
(a) CHILDREN OF REFUGEE OR ASYLEE SPOUSES 
AND CHILDREN.—A child of an alien who qualifies for ad-
mission as a spouse or child under section 207(c)(2)(A) 
or 208(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to 
the same admission status as such alien if the child— 
(1) is accompanying or following to join such 
alien; and 
(2) is otherwise admissible under such section 
207(c)(2)(A) or 208(b)(3). 
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(b) SEPARATED CHILDREN.—A child younger than 
18 years of age who has been separated from the birth 
or adoptive parents of such child and is living under the 
care of an alien who has been approved for admission to 
the United States as a refugee shall be admitted as a ref-
ugee if— 
(1) it is in the best interest of such child to be 
placed with such alien in the United States; and 
(2) such child is otherwise admissible under sec-
tion 207(c)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1157(c)(3)). 
(c) ELIMINATION OF TIME LIMITS ON REUNIFICA-
TION OF REFUGEE AND ASYLEE FAMILIES.— 
(1) EMERGENCY SITUATION REFUGEES.—Sec-
tion 207(c)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1157(c)(2)(A)) is amended by 
striking ‘‘A spouse or child (as defined in section 
101(b)(1) (A), (B), (C), (D), or (E))’’ and inserting, 
‘‘Regardless of when such refugee was admitted to 
the United States, a spouse or child (other than a 
child described in section 101(b)(1)(F))’’. 
(2) ASYLUM.—Section 208(b)(3)(A) of such Act 
(8 U.S.C. 1158(b)(3)(A)) is amended to read as fol-
lows: 
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‘‘(A) IN
GENERAL.—A spouse or child 
(other than a child described in section 
101(b)(1)(F)) of an alien who was granted asy-
lum under this subsection at any time may, if 
not otherwise eligible for asylum under this sec-
tion, be granted the same status as the alien if 
accompanying or following to join such alien.’’. 
(d) TIMELY
ADJUDICATION
OF
REFUGEE
AND 
ASYLEE FAMILY REUNIFICATION PETITIONS.—Title II of 
the Immigration and Nationality Act (8 U.S.C. 1151 et 
seq.) is amended— 
(1) in section 207(c)(2), as amended by sub-
section (c), by adding at the end the following: 
‘‘(D) The Secretary shall ensure that the application 
of an alien who is following to join a refugee who qualifies 
for admission under paragraph (1) is adjudicated not later 
than 90 days after the submission of such application.’’; 
and 
(2) in section 208(b)(3), as amended by section 
15(a)(2), by adding at the end the following: 
‘‘(D) TIMELY
ADJUDICATION.—The Sec-
retary shall ensure that the application of each 
alien described in subparagraph (A) who applies 
to follow an alien granted asylum under this 
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