I 
114TH CONGRESS 
2D SESSION 
H. R. 5851 
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 
JULY 14, 2016 
Ms. LOFGREN (for herself, Mr. CONYERS, Mr. NADLER, Ms. JUDY CHU of 
California, Mr. GUTIE´RREZ, Mr. CICILLINE, Mr. BECERRA, Mr. BLU-
MENAUER, Mr. BRADY of Pennsylvania, Mr. CROWLEY, Mr. ELLISON, 
Mr. ENGEL, Mr. HONDA, Mr. TED LIEU of California, Ms. MATSUI, Mr. 
MOULTON, Ms. NORTON, Mr. O’ROURKE, Mr. POLIS, Ms. ROYBAL- 
ALLARD, Ms. LINDA T. SA´NCHEZ of California, Ms. SCHAKOWSKY, Mr. 
SIRES, Mr. TAKANO, Mr. VEASEY, and Mr. WELCH) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Ways and Means, the Budget, and 
Homeland Security, 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 ref-
ugees 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, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Refugee Protection Act of 2016’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Elimination of time limits on asylum applications. 
Sec. 4. Protecting certain vulnerable groups of asylum seekers. 
Sec. 5. Scope and standard for review. 
Sec. 6. Efficient asylum and refugee determination process. 
Sec. 7. Secure alternatives. 
Sec. 8. Conditions of detention. 
Sec. 9. Timely notice of immigration charges. 
Sec. 10. Procedures for ensuring accuracy and verifiability of sworn statements 
taken pursuant to expedited removal authority. 
Sec. 11. Child welfare professionals. 
Sec. 12. Study on the effect of expedited removal provisions, practices, and pro-
cedures on asylum claims. 
Sec. 13. Training for border security and immigration enforcement officers. 
Sec. 14. Refugee opportunity promotion. 
Sec. 15. Protections for minors seeking asylum. 
Sec. 16. Fair day in court for kids. 
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. Protecting victims of terrorism from being defined as terrorists. 
Sec. 27. Assessment of the Refugee Domestic Resettlement Program. 
Sec. 28. Refugee assistance. 
Sec. 29. Resettlement data. 
Sec. 30. Extension of eligibility period for Social Security benefits for certain 
refugees. 
Sec. 31. Prohibition on operation streamline for asylum seekers. 
Sec. 32. T and U visa reforms. 
Sec. 33. Transparency in refugee determinations. 
Sec. 34. Authorization of appropriations. 
Sec. 35. Determination of budgetary effects. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(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); 
(ii) any alien who indicates— 
(I) an intention to apply for asy-
lum under that section; or 
(II) a fear of persecution; and 
(iii) any alien who indicates— 
(I) an intention to apply for with-
holding of removal pursuant to— 
(aa) section 241 of the Im-
migration and Nationality Act (8 
U.S.C. 1231); or 
(bb) the Convention Against 
Torture and Other Cruel, Inhu-
man or Degrading Treatment or 
Punishment, done at New York 
December 10, 1984; or 
(II) a fear that the alien’s life or 
freedom would be threatened; 
(B) includes any individual described in 
subparagraph (A) whose application for asylum 
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‘‘(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 or the Secretary of Homeland 
Security, 
the 
existence 
of 
changed 
cir-
cumstances that materially affect the appli-
cant’s eligibility for asylum. 
‘‘(D) MOTION TO REOPEN CERTAIN MERI-
TORIOUS
CLAIMS.—Notwithstanding subpara-
graph (B) or section 240(c)(7), an alien may 
file a motion to reopen an asylum claim during 
the 2-year period beginning on the date of the 
enactment of the Refugee Protection Act of 
2016 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); 
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‘‘(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 was not denied asylum as a matter of 
discretion; and 
‘‘(v) is physically present in the 
United States when the motion is filed.’’. 
SEC. 4. 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 or unwilling to return to, 
and is unable or unwilling to avail himself or 
herself of the protection of, that country be-
cause of persecution, or a well-founded fear of 
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persecution, on account of race, religion, nation-
ality, membership in a particular social group, 
or political opinion; or 
‘‘(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. A person 
who establishes that his or her actions were com-
mitted under duress or while the person was younger 
than 18 years of age shall not be considered to have 
ordered, incited, assisted, or otherwise participated 
in persecution under this subparagraph. 
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‘‘(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 
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— 
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(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 
that corroborates otherwise credible testimony, the 
trier of fact shall provide notice and allow the appli-
cant a reasonable opportunity to file such evidence. 
The trier of fact may not require such evidence if 
the applicant does not have the evidence and dem-
onstrates that he or she cannot reasonably obtain 
the evidence. Evidence shall not be considered rea-
sonably obtainable if procurement of such evidence 
would reasonably endanger the life or safety of any 
person.’’; 
(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 
or unwilling to protect individuals of the 
applicant’s race, religion, nationality, par-
ticular social group, or political opinion, or 
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that the State’s legal or social norms tol-
erate persecution against individuals of the 
applicant’s race, religion, nationality, par-
ticular social group, or political opinion, 
may establish that persecution is on ac-
count of one of the grounds enumerated in 
subsection (a)(42)(A)(i)(II).’’; 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-
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 
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evidence. The trier of fact may not require such evi-
dence if the applicant does not have the evidence 
and demonstrates that he or she cannot reasonably 
obtain the evidence. Evidence shall not be considered 
reasonably obtainable under this subparagraph if 
procurement of such evidence would reasonably en-
danger the life or safety of any person in the appli-
cant’s home country.’’; 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. 5. 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. 6. EFFICIENT ASYLUM AND REFUGEE DETERMINA-
TION PROCESS. 
(a) ASYLUM DETERMINATION PROCESS.—Section 
235(b)(1) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)) is amended— 
(1) in subparagraph (B), by striking clauses (i) 
through (iii) and inserting the following: 
‘‘(i) CONDUCT
BY
ASYLUM
OFFI-
CERS.—Asylum claims by aliens referred 
under subparagraph (A)(ii) shall be adju-
dicated in the first instance by asylum offi-
cers, under the jurisdiction of the Refugee, 
Asylum, and International Operations Di-
rectorate of U.S. Citizenship and Immigra-
tion Service, pursuant to and in accord-
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ance with section 208 and its imple-
menting regulations. Asylum officers shall 
conduct full asylum interviews, scheduled 
with sufficient time to seek counsel and 
prepare supporting documents, and may 
grant asylum or refer the application, to-
gether with the appropriate charging docu-
ment, for adjudication in removal pro-
ceedings. 
‘‘(ii) DETENTION.—While such case is 
pending before the Asylum Office, the Sec-
retary of Homeland Security may detain 
the alien pursuant to and in accordance 
with section 236(a) and its implementing 
regulations.’’; and 
(2) by striking— 
(A) clause (v) of subparagraph (B); 
(B) subparagraph (C); and 
(C) subparagraph (D). 
(b) REFUGEE DETERMINATION PROCESS.—If an ap-
plication for admission to the United States under section 
207 of the Immigration and Nationality Act (8 U.S.C. 
1157) is placed on hold for longer than 3 months or is 
subject to the expiration and repetition of more than 3 
screenings and one or more members of the applicant’s 
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family also have pending applications for admission under 
such section, the Secretary of Homeland Security shall no-
tify any individual on that case who is eligible to travel 
separately of the option to separate such individual’s case 
from the family unit and shall permit such individual to 
travel based upon such individual’s satisfaction of all secu-
rity and other requirements for refugee applications. 
(c) CLARIFICATION ON ASYLUM ELIGIBILITY.—Sec-
tion 208 of the Immigration and Nationality Act (8 U.S.C. 
1158) is amended— 
(1) in subsection (b)(2)— 
(A) by striking subparagraph (C); and 
(B) by redesignating subparagraph (D) as 
subparagraph (C); and 
(2) by adding at the end the following: 
‘‘(f) CLARIFICATION ON ASYLUM ELIGIBILITY.—Not-
withstanding any other provisions of law, an alien’s eligi-
bility for asylum shall be governed solely by this section.’’. 
SEC. 7. SECURE ALTERNATIVES. 
(a) ESTABLISHMENT.—The Secretary, in consulta-
tion with nongovernmental organizations, shall establish 
a continuum of alternatives to detention and case manage-
ment services (referred to in this section as ‘‘secure alter-
natives’’), including screening of detainees, appearance as-
sistance services, and community-based supervision pro-
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grams, in each Enforcement and Removal Operations field 
office operated by U.S. Immigration and Customs En-
forcement to ensure appearances by aliens at immigration 
proceedings. 
(b) CONTRACT AUTHORITY.—The Secretary may 
contract with nongovernmental community-based organi-
zations to meet the requirements under subsection (a). 
(c) USE OF BOND OR RECOGNIZANCE.—The Sec-
retary may not use secure alternatives when release on 
reasonable bond or recognizance is determined to be a suf-
ficient measure to ensure an alien’s appearance at immi-
gration proceedings and protect public safety. 
(d) PROGRAM REQUIREMENTS.— 
(1) INDIVIDUALIZED DETERMINATIONS AND RE-
VIEW.—In determining whether to use secure alter-
natives, the Secretary— 
(A) shall make an individualized deter-
mination about the level of monitoring nec-
essary to ensure an alien’s appearance at immi-
gration proceedings and protect public safety; 
(B) shall review the level of supervision on 
a frequent basis and adjust as appropriate; and 
(C) shall limit the use of restrictive elec-
tronic monitoring devices, such as ankle brace-
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lets to cases in which there is a demonstrated 
need for such enhanced monitoring. 
(2) PROGRAM ELEMENTS.—Secure alternatives 
under this section shall include— 
(A) individualized case management by an 
assigned case supervisor; and 
(B) referral to community-based providers 
of legal and social services. 
(3) CUSTODY.—The Secretary may use secure 
alternatives to maintain custody over any alien de-
tained under the Immigration and Nationality Act, 
except for aliens detained under section 236A of 
such Act (8 U.S.C. 1226a). 
(e) 
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 or reasonable fear of 
persecution shall be released from the 
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custody of the Department of Home-
land Security not later than 7 days 
after such determination unless the 
Secretary 
of 
Homeland 
Security 
makes an individualized determination 
supported by substantial evidence that 
the alien— 
‘‘(aa) poses a risk to public 
safety, which may include a risk 
to national security; or 
‘‘(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 
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orally and in writing, in a language 
the alien claims to understand.’’. 
SEC. 8. CONDITIONS OF DETENTION. 
(a) DEFINITIONS.—In this section: 
(1) APPLICABLE STANDARDS.—The term ‘‘ap-
plicable standards’’ means the most recent version of 
detention standards and detention-related policies 
issued by the Secretary or the Director of U.S. Im-
migration and Customs Enforcement. 
(2) DETENTION FACILITY.—The term ‘‘deten-
tion facility’’ means a Federal, State, or local gov-
ernment facility, or a privately owned and operated 
facility, that is used, in whole or in part, to hold in-
dividuals under the authority of the Director of U.S. 
Immigration and Customs Enforcement, including 
facilities that hold such individuals under a contract 
or agreement with the Director. 
(b) DETENTION
REQUIREMENTS.—The Secretary 
shall ensure that all persons detained pursuant to the Im-
migration and Nationality Act (8 U.S.C. 1101 et seq.) are 
treated humanely and benefit from the protections set 
forth in this section. 
(c) OVERSIGHT REQUIREMENTS.— 
(1) ANNUAL INSPECTION.—All detention facili-
ties shall be inspected by the Secretary on a regular 
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basis, but not less than annually, for compliance 
with applicable detention standards issued by the 
Secretary and other applicable regulations. 
(2) ROUTINE OVERSIGHT.—In addition to an-
nual inspections, the Secretary shall conduct routine 
oversight of detention facilities, including unan-
nounced inspections. 
(3) AVAILABILITY OF RECORDS.—All detention 
facility contracts, memoranda of agreement, and 
evaluations and reviews shall be considered records 
for purposes of section 552(f)(2) of title 5, United 
States Code. 
(4) CONSULTATION.—The Secretary shall seek 
input from nongovernmental organizations regarding 
their independent opinion of specific facilities. 
(d) COMPLIANCE MECHANISMS.— 
(1) AGREEMENTS.— 
(A) NEW AGREEMENTS.—Compliance with 
applicable standards established by the Sec-
retary and all applicable regulations, and mean-
ingful financial penalties for failure to comply, 
shall be a material term in any new contract, 
memorandum of agreement, or any renegoti-
ation, modification, or renewal of an existing 
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contract or agreement, including fee negotia-
tions, executed with detention facilities. 
(B) EXISTING
AGREEMENTS.—Not later 
than 180 days after the date of the enactment 
of this Act, the Secretary shall secure a modi-
fication incorporating these terms for any exist-
ing contracts or agreements that will not be re-
negotiated, renewed, or otherwise modified. 
(C) CANCELLATION
OF
AGREEMENTS.— 
Unless the Secretary provides a reasonable ex-
tension to a specific detention facility that is 
negotiating in good faith, contracts or agree-
ments with detention facilities that are not 
modified within 1 year of the date of the enact-
ment of this Act shall be canceled. 
(D) PROVISION
OF
INFORMATION.—In 
making modifications under this paragraph, the 
Secretary shall require that detention facilities 
regularly provide the Secretary with all con-
tracts, memoranda of agreement, evaluations, 
and reviews regarding the facility. The Sec-
retary shall make such materials available to 
the public. 
(2) FINANCIAL PENALTIES.— 
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(A) REQUIREMENT
TO
IMPOSE.—Subject 
to subparagraph (C), the Secretary shall impose 
meaningful financial penalties upon facilities 
that fail to comply with applicable detention 
standards established by the Secretary and 
other applicable regulations. 
(B) TIMING
OF
IMPOSITION.—Financial 
penalties shall be imposed under subparagraph 
(A) immediately after a facility fails to achieve 
an adequate or the equivalent median score in 
any performance evaluation. 
(C) WAIVER.—The requirements under 
subparagraph (A) may be waived if the facility 
corrects the noted deficiencies and receives an 
adequate score during the 90-day period begin-
ning on the date on which the facility failed to 
achieve an adequate score in a performance 
evaluation. 
(D) MULTIPLE OFFENDERS.—If a facility 
persistently and substantially fails to comply 
with applicable detention standards, including 
scoring less than adequate or the equivalent 
median score in 2 consecutive inspections— 
(i) the Secretary shall terminate all 
contracts or agreements with such facility 
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not later than 60 days after such failure; 
or 
(ii) if the facility is operated by the 
Secretary, the Secretary shall close such 
facility not later than 90 days after such 
failure. 
(e) REPORTING REQUIREMENTS.— 
(1) OBJECTIVES.—Not later than June 30 of 
each year, the Secretary shall prepare and submit a 
report to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the 
House of Representatives that describes the inspec-
tion and oversight activities of detention facilities. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include— 
(A) a description of each detention facility 
found to be in noncompliance with applicable 
detention standards issued by the Department 
or other applicable regulations; 
(B) a description of the actions taken by 
the Department to remedy any findings of non-
compliance or other identified problems, includ-
ing financial penalties, contract or agreement 
termination, or facility closure; and 
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(C) information regarding whether the ac-
tions described in subparagraph (B) resulted in 
compliance with applicable detention standards 
and regulations. 
(f) 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. 
(3) WRITTEN
POLICIES.—Detention facilities 
shall— 
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(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. 9. 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.’’. 
SEC. 10. 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-
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ployees of the Department exercising 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 
(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.— 
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(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— 
(1) the interviewing officer is not certified by 
the Department to 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. 
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SEC. 11. CHILD WELFARE PROFESSIONALS. 
(a) DEFINED TERM.—The term ‘‘qualified child wel-
fare professional’’ means a professional with expertise in 
developmentally appropriate, culturally competent, and 
trauma-centered interviewing skills. 
(b) GUIDELINES.—The Secretary, in consultation 
with the Secretary of Health and Human Services, shall 
develop guidelines and train all relevant staff in accord-
ance with such guidelines, to ensure that all children in 
the custody of the Department are properly screened for 
protection needs. 
(c) MEMORANDUM OF UNDERSTANDING.—The Sec-
retary and the Secretary of Health and Human Services 
shall establish a memorandum of understanding for the 
placement of qualified child welfare professionals, on a 
full- or part-time basis, to assist with screening for protec-
tion needs in not fewer than 7 U.S. Customs and Border 
Protection offices or stations, with presumptive priority 
given to those offices or stations with the largest number 
of child apprehensions during the previous fiscal year. 
SEC. 12. STUDY ON THE EFFECT OF EXPEDITED REMOVAL 
PROVISIONS, PRACTICES, AND PROCEDURES 
ON ASYLUM CLAIMS. 
(a) STUDY.— 
(1) DEFINITIONS.—In this subsection: 
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(A) COMMISSION.—The term ‘‘Commis-
sion’’ means the United States Commission on 
International Religious Freedom. 
(B) IMMIGRATION
OFFICER.—The term 
‘‘immigration officer’’ means an immigration of-
ficer performing duties under section 235(b) of 
the Immigration and Nationality Act (8 U.S.C. 
1225(b)) with respect to aliens who— 
(i) are apprehended after entering the 
United States; and 
(ii) may be eligible to apply for asy-
lum under section 208 or 235 of such Act. 
(2) AUTHORIZATION.—The Commission is au-
thorized to conduct a study to determine whether 
immigration officers are engaging in conduct de-
scribed in paragraph (3). 
(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 (1)(C) to withdraw or 
retract claims for asylum; 
(B) incorrectly fails to refer such an alien 
for an interview by an asylum officer, including 
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failing to record an alien’s expression of fear of 
persecution or torture; 
(C) incorrectly removes such an alien to a 
country in which the alien may be persecuted; 
(D) detains such an alien improperly or 
under inappropriate conditions; 
(E) improperly separates a family unit 
after a family member has expressed a credible 
fear of persecution; or 
(F) improperly refers an alien for proc-
essing under an enforcement or deterrence pro-
gram, such as the Consequence Delivery Sys-
tem. 
(b) REPORT.—Not later than 2 years after the date 
on which the Commission initiates the study under sub-
section (a)(2), 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; 
(3) the Committee on Foreign Relations of the 
Senate; 
(4) the Committee on Homeland Security of the 
House of Representatives; 
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(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). 
(3) ACCESS TO PROCEEDINGS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary and the Attor-
ney General shall provide staff designated 
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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. 13. TRAINING FOR BORDER SECURITY AND IMMIGRA-
TION ENFORCEMENT OFFICERS. 
The Secretary shall ensure that U.S. Customs and 
Border Protection officers, U.S. Border Patrol agents, 
U.S. Immigration and Customs Enforcement officers and 
agents, United States Air and Marine Division agents, and 
agriculture specialists stationed within 100 miles of any 
land or marine border of the United States or at any 
United States port of entry receive appropriate training, 
which shall be prepared in collaboration with the Assistant 
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Attorney General for the Civil Rights Division of the De-
partment of Justice, in— 
(1) identifying and detecting fraudulent travel 
documents; 
(2) civil, constitutional, human, and privacy 
rights of individuals; 
(3) the scope of enforcement authorities, includ-
ing interrogations, stops, searches, seizures, arrests, 
and detentions; 
(4) use of force policies issued by the Secretary; 
(5) immigration laws, including screening, iden-
tifying, and addressing vulnerable populations, such 
as children, victims of crime and human trafficking, 
and individuals fleeing persecution or torture; 
(6) social and cultural sensitivity toward border 
communities; 
(7) the impact of border operations on commu-
nities; and 
(8) any particular environmental concerns in a 
particular area. 
SEC. 14. REFUGEE OPPORTUNITY PROMOTION. 
Section 209 of the Immigration and Nationality Act 
(8 U.S.C. 1159) is amended— 
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(1) in subsection (a)(1)(B), by striking ‘‘one 
year,’’ and inserting ‘‘1 year (except as provided 
under subsection (d));’’; 
(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 
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under the protection of the United States Gov-
ernment or a contractor while performing work 
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 
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application filed by 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.’’. 
(b) DERIVATIVE REFUGEES AND ASYLEES.— 
(1) ADMISSION OF SPOUSE, CHILD, MOTHER, 
OR
FATHER.—Section 207(c) of the Immigration 
and Nationality Act (8 U.S.C. 1157(c)) is amend-
ed— 
(A) by amending paragraph (2) to read as 
follows: 
‘‘(2)(A)(i) A spouse or child (as defined in sub-
paragraph (A), (B), (C), (D), or (E) of section 
101(b)(1)) of any refugee, or the mother or father 
of an alien who is such a child and who qualifies for 
admission under paragraph (1), if not otherwise en-
titled to admission under such paragraph and not 
described in section 101(a)(42)(B), shall be entitled 
to the same admission status as such refugee if— 
‘‘(I) accompanying, or following to join, 
such refugee; and 
‘‘(II) the spouse, child, mother, or father is 
admissible (except as otherwise provided under 
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paragraph (3)) as an immigrant under this 
chapter. 
‘‘(ii) The admission to the United States of a 
spouse, child, mother, or father described in sub-
paragraph (A) shall be charged against the numer-
ical limitation established in accordance with the ap-
propriate subsection under which the refugee’s ad-
mission is charged. 
‘‘(B)(i) An unmarried alien who seeks to ac-
company, or follow to join, his or her mother or fa-
ther who was granted admission as a refugee under 
this subsection, and who was younger than 21 years 
of age on the date on which such mother or father 
applied for refugee status under this section, shall 
continue to be classified as a child for purposes of 
this paragraph if the alien attained 21 years of age 
while such application was pending. 
‘‘(ii) A mother or father who seeks to accom-
pany, or follow to join, an alien granted admission 
as a refugee under this subsection shall continue to 
be classified as a mother or father for purposes of 
this paragraph, if the alien attained 21 years of age 
while such application was pending.’’; and 
(B) in paragraph (4), by striking ‘‘(and of 
the spouse or child of the alien)’’ and inserting 
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‘‘(and of the spouse, child, mother, or father of 
the alien)’’. 
(2) TREATMENT OF SPOUSE, CHILDREN, MOTH-
ER, 
AND
FATHER
SEEKING
ASYLUM.—Section 
208(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1158) is amended— 
(A) in the paragraph heading, by striking 
‘‘AND CHILDREN’’ and inserting ‘‘, CHILDREN, 
MOTHERS, AND FATHERS’’; 
(B) in subparagraph (A), by striking ‘‘(as 
defined in section 101(b)(1)(A), (B), (C), (D), 
or (E)) of an alien’’ and inserting ‘‘(as defined 
in subparagraph (A), (B), (C), (D), or (E) of 
section 101(b)(1)) of an alien, or the mother or 
father of an alien who is such a child,’’; and 
(C) by amending subparagraph (B) to read 
as follows: 
‘‘(B) CONTINUED CLASSIFICATION OF CER-
TAIN ALIENS AS CHILDREN.—(i) An unmarried 
alien who seeks to accompany, or follow to join, 
a mother or father granted asylum under this 
subsection, and who was younger than 21 years 
of age on the date on which such mother or fa-
ther applied for asylum under this section, shall 
continue to be classified as a child for purposes 
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of this paragraph and section 209(b)(3) if the 
alien attained 21 years of age while such appli-
cation was pending. 
‘‘(ii) A mother or father who seeks to ac-
company, or follow to join, an alien granted 
asylum under this subsection shall continue to 
be classified as a mother or father for purposes 
of this paragraph and section 209(b)(3) if the 
alien attained 21 years of age while such appli-
cation was pending.’’. 
(c) 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— 
‘‘(A) reentered the United States illegally 
after having been removed or after having de-
parted voluntarily under an order of removal; 
and 
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‘‘(B) was younger than 18 years of age on 
the date on which the alien was removed or de-
parted voluntarily under an order of removal.’’. 
SEC. 16. FAIR DAY IN COURT FOR KIDS. 
(a) IMPROVING IMMIGRATION COURT EFFICIENCY 
AND REDUCING COSTS BY INCREASING ACCESS TO LEGAL 
INFORMATION.— 
(1) APPOINTMENT
OF
COUNSEL
IN
CERTAIN 
CASES; RIGHT TO REVIEW CERTAIN DOCUMENTS IN 
REMOVAL PROCEEDINGS.—Section 240(b) of the Im-
migration and Nationality Act (8 U.S.C. 1229a(b)) 
is amended— 
(A) in paragraph (4)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘, at no expense 
to the Government,’’; and 
(II) by striking the comma at the 
end and inserting a semicolon; 
(ii) by redesignating subparagraphs 
(B) and (C) as subparagraphs (D) and 
(E), respectively; 
(iii) by inserting after subparagraph 
(A) the following: 
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‘‘(B) the Attorney General may appoint or 
provide counsel, at Government expense, to 
aliens in immigration proceedings; 
‘‘(C) the alien shall, at the beginning of 
the proceedings or as expeditiously as possible, 
automatically receive a complete copy of all rel-
evant documents in the possession of the De-
partment of Homeland Security, including all 
documents (other than documents protected 
from disclosure by privilege, including national 
security information referred to in subpara-
graph (D), law enforcement sensitive informa-
tion, and information prohibited from disclosure 
pursuant to any other provision of law) con-
tained in the file maintained by the Government 
that includes information with respect to all 
transactions involving the alien during the im-
migration process (commonly referred to as an 
‘A-file’), and all documents pertaining to the 
alien that the Department of Homeland Secu-
rity has obtained or received from other govern-
ment agencies, unless the alien waives the right 
to receive such documents by executing a know-
ing and voluntary written waiver in a language 
that he or she understands fluently;’’; and 
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(iv) in subparagraph (D), as redesig-
nated, by striking ‘‘, and’’ and inserting ‘‘; 
and’’; and 
(B) by adding at the end the following: 
‘‘(8) FAILURE TO PROVIDE ALIEN REQUIRED 
DOCUMENTS.—In the absence of a waiver under 
paragraph (4)(C), a removal proceeding may not 
proceed until the alien— 
‘‘(A) has received the documents as re-
quired under such paragraph; and 
‘‘(B) has been provided meaningful time to 
review and assess such documents.’’. 
(2) CLARIFICATION REGARDING THE AUTHOR-
ITY OF THE ATTORNEY GENERAL TO APPOINT COUN-
SEL TO ALIENS IN IMMIGRATION PROCEEDINGS.— 
Section 292 of the Immigration and Nationality Act 
(8 U.S.C. 1362) is amended— 
(A) by striking ‘‘In any’’ and inserting the 
following: 
‘‘(a) IN GENERAL.—In any proceeding conducted 
under section 235, 236, 238, 240, 241, or any other sec-
tion of this Act,’’; 
(B) in subsection (a), as redesignated— 
(i) by striking ‘‘(at no expense to the 
Government)’’; and 
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(ii) by striking ‘‘he shall’’ and insert-
ing ‘‘the person shall’’; and 
(C) by adding at the end the following: 
‘‘(b) ACCESS TO COUNSEL.—The Attorney General 
may appoint or provide counsel to aliens in any proceeding 
conducted under section 235, 236, 238, 240, or 241 or 
any other section of this Act. The Secretary of Homeland 
Security shall ensure that aliens have access to counsel 
inside all immigration detention and border facilities.’’. 
(3) APPOINTMENT OF COUNSEL FOR CHILDREN 
AND VULNERABLE ALIENS.— 
(A) IN GENERAL.—Section 292 of the Im-
migration and Nationality Act (8 U.S.C. 1362), 
as amended by paragraph (2), is further 
amended by adding at the end the following: 
‘‘(c) CHILDREN AND VULNERABLE ALIENS.—Not-
withstanding subsection (b), the Attorney General shall 
appoint counsel, at the expense of the Government if nec-
essary, at the beginning of the proceedings or as expedi-
tiously as possible, to represent in such proceedings any 
alien who has been determined by the Secretary of Home-
land Security or the Attorney General to be— 
‘‘(1) a child (as defined in section 101(b)(1) of 
this Act); 
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‘‘(2) a particularly vulnerable individual, such 
as— 
‘‘(A) a person with a disability; or 
‘‘(B) a victim of abuse, torture, or violence; 
or 
‘‘(3) an individual whose circumstances are 
such that the appointment of counsel is necessary to 
help ensure fair resolution and efficient adjudication 
of the proceedings. 
‘‘(d) EXTENSION TO CONSOLIDATED CASES.—If the 
Attorney General has consolidated the case of any alien 
for whom counsel was appointed under subsection (c) with 
that of any other alien, and that other alien does not have 
counsel, then the counsel appointed under subsection (c) 
shall be appointed to represent such other alien. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Executive Office 
of Immigration Review of the Department of Justice such 
sums as may be necessary to carry out this section.’’. 
(B) RULEMAKING.—The Attorney General 
shall promulgate regulations to implement sec-
tion 292(c) of the Immigration and Nationality 
Act, as added by subparagraph (A), in accord-
ance with the requirements set forth in section 
3006A of title 18, United States Code. 
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(b) ACCESS BY COUNSEL AND LEGAL ORIENTATION 
AT DETENTION FACILITIES.— 
(1) ACCESS
TO
COUNSEL.—The Secretary of 
Homeland Security shall facilitate access to counsel 
for all aliens detained in facilities under the super-
vision of U.S. Immigration and Customs Enforce-
ment or of U.S. Customs and Border Protection, in-
cluding providing information to aliens in detention 
about legal services programs at detention facilities. 
(2) ACCESS
TO
LEGAL
ORIENTATION
PRO-
GRAMS.—The Secretary of Homeland Security, in 
consultation with the Attorney General, shall estab-
lish procedures to ensure that legal orientation pro-
grams are available for all detained aliens, including 
aliens held in U.S. Customs and Border Protection 
facilities, to inform such aliens of the basic proce-
dures of immigration hearings, their rights relating 
to those hearings under Federal immigration laws, 
information that may deter such aliens from filing 
frivolous legal claims, and any other information 
that the Attorney General considers appropriate, 
such as a contact list of potential legal resources and 
providers. Access to legal orientation programs shall 
not be limited by the alien’s current immigration 
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status, prior immigration history, or potential for 
immigration relief. 
(3) PILOT PROJECT FOR NONDETAINED ALIENS 
IN REMOVAL PROCEEDINGS.—The Attorney General 
shall develop and administer a 2-year pilot program 
at not fewer than 2 immigration courts to provide 
nondetained aliens with pending asylum claims ac-
cess to legal information. At the conclusion of the 
pilot program, the Attorney General shall submit a 
report to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the 
House of Representatives that describes the extent 
to which nondetained aliens are provided with access 
to counsel. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Execu-
tive Office of Immigration Review of the Department 
of Justice such sums as may be necessary to carry 
out this section. 
(c) CASE MANAGEMENT PILOT PROGRAM TO IN-
CREASE COURT APPEARANCE RATES.— 
(1) CONTRACT AUTHORITY.—The Secretary of 
Homeland Security shall establish a pilot program to 
increase the court appearance rates of aliens de-
scribed in section 292(c) of the Immigration and 
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Nationality Act, as added by subsection (a)(3)(A), 
by contracting with nongovernmental, community- 
based organizations to provide appropriate case 
management services to such aliens. This pilot pro-
gram shall not be used to monitor individuals des-
ignated as unaccompanied alien children under sec-
tion 462 of the Homeland Security Act. 
(2) SCOPE
OF
SERVICES.—Case management 
services provided under paragraph (1) shall include 
assisting aliens with— 
(A) accessing legal counsel; 
(B) complying with court-imposed dead-
lines and other legal obligations; 
(C) procuring appropriate housing; 
(D) enrolling their minor children in 
school; and 
(E) acquiring health services, including, if 
needed, mental health services. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the De-
partment of Homeland Security such sums as may 
be necessary to carry out this section. 
(d) REPORT ON ACCESS TO COUNSEL.— 
(1) REPORT.—Not later than December 31 of 
each year, the Secretary of Homeland Security, in 
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consultation with the Attorney General, shall pre-
pare and submit a report to the Committee on the 
Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives regarding 
the extent to which aliens described in section 
292(c) of the Immigration and Nationality Act, as 
added by subsection (a)(3)(A), have been provided 
access to counsel. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include, for the immediately pre-
ceding 1-year period— 
(A) the number and percentage of aliens 
described in subparagraphs (A), (B), and (C), 
respectively, of section 292(c) of the Immigra-
tion and Nationality Act, as added by sub-
section (a)(3)(A), who were represented by 
counsel, including information specifying— 
(i) the stage of the legal process at 
which the alien was represented; and 
(ii) whether the alien was in govern-
ment custody; and 
(B) the number and percentage of aliens 
who received legal orientation presentations. 
(e) MOTIONS TO REOPEN.—Section 240(c)(7)(C) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
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1229a(c)(7)(C)) is amended by adding at the end the fol-
lowing: 
‘‘(v) SPECIAL
RULE
FOR
CHILDREN 
AND OTHER VULNERABLE ALIENS.—If the 
Attorney General fails to appoint counsel 
for an alien in violation of section 292(c)— 
‘‘(I) no limitation under this 
paragraph pertaining to the filing of 
any motion under this paragraph by 
such alien shall apply; and 
‘‘(II) the filing of such a motion 
shall stay the removal of the alien.’’. 
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 
‘stateless person’ means an individual who is not 
considered a national under the operation of the 
laws of any country. 
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‘‘(2) DESIGNATION
OF
SPECIFIC
STATELESS 
GROUPS.—The Secretary of Homeland Security, in 
consultation with the Secretary of State, may, in the 
discretion of the Secretary of Homeland Security, 
designate specific groups of individuals who are con-
sidered stateless persons, for purposes of this sec-
tion. 
‘‘(b) MECHANISMS FOR REGULARIZING THE STATUS 
OF STATELESS PERSONS.— 
‘‘(1) RELIEF FOR CERTAIN INDIVIDUALS DE-
TERMINED TO BE STATELESS PERSONS.—The Sec-
retary of Homeland Security or the Attorney Gen-
eral shall provide lawful conditional resident status 
to an alien who— 
‘‘(A) is a stateless person who is present in 
the United States; 
‘‘(B) applies for such relief; 
‘‘(C) has not lost his or her nationality as 
a result of voluntary action after arrival in the 
United States, unless the loss was the result of 
duress, coercion, or a reasonable expectation 
that he or she had acquired or would acquire 
another nationality or citizenship; and 
‘‘(D) is not inadmissible under paragraph 
(2) or (3) of section 212(a) based on criminal 
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or national security grounds and is not de-
scribed in section 241(b)(3)(B)(i). 
‘‘(2) WAIVERS.—The Secretary of Homeland 
Security or the Attorney General may waive any 
provisions under paragraph (2) or (3) of section 
212(a) (other than subparagraph (B), (D)(ii), (E), 
(G), (H), or (I) of paragraph (2) or subparagraph 
(A), (B), (C), (E), or (F) of paragraph (3)) with re-
spect to such an alien for 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 available passport or travel docu-
ment issued at any time to the alien (whether 
or not the passport or document has expired or 
been canceled, 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 
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‘‘(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 authorize an alien who has 
applied for and is found prima facie eligible for or 
been granted relief under paragraph (1) to engage 
in employment in the United States. 
‘‘(5) TRAVEL DOCUMENTS.—Upon request, the 
Secretary of Homeland Security shall provide the 
conditional resident recognized under subsection (b) 
with a document that facilitates the alien’s ability to 
travel abroad and be admitted to the United States 
upon return, if otherwise admissible. 
‘‘(6) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—The spouse or child of an alien who has 
been granted lawful conditional resident status 
under paragraph (1) shall, if not otherwise eligible 
for admission under paragraph (1), be granted law-
ful conditional resident status under this subsection 
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 is not described in section 241(b)(3)(B)(i); 
and 
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‘‘(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 1-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— 
‘‘(A) the alien has been physically present 
in the United States for at least 1 year; 
‘‘(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, 
shall adjust the status of an alien granted condi-
tional lawful status under subsection (b) to that of 
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an alien lawfully admitted for permanent residence 
if such alien— 
‘‘(A) is a 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); 
‘‘(D) has not acquired permanent foreign 
residence that is substantially likely to result in 
the acquisition of citizenship; 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 1 year before 
the date of such approval. 
‘‘(d) TRAVEL DOCUMENTS.—Upon request, the Sec-
retary of Homeland Security shall provide alien lawfully 
admitted for permanent residence under subsection (c) 
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with a document that facilitates the alien’s ability to travel 
abroad and be admitted to the United States upon return, 
if otherwise admissible. 
‘‘(e) PROVING THE CLAIM.— 
‘‘(1) IN GENERAL.—In determining an alien’s 
eligibility for lawful conditional resident status or 
lawful permanent resident status under this section, 
the Secretary of Homeland Security or the Attorney 
General shall consider any credible evidence relevant 
to the application, including information from the 
Secretary of State, especially the Bureaus of Popu-
lation Refugees and Migration and the Bureau of 
Democracy, Human Rights and Labor. 
‘‘(2) BURDEN OF PROOF.—In determining an 
alien’s eligibility for lawful conditional resident sta-
tus or lawful permanent resident status under this 
section— 
‘‘(A) the applicant shall provide a full and 
truthful account of his or her legal status in 
any nation in which the applicant was born or 
resided before entering the United States and 
submit all evidence reasonably available; and 
‘‘(B) the Secretary of Homeland Security 
shall obtain and submit to the immigration offi-
cer or immigration judge all available evidence 
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regarding the applicant’s legal status in the na-
tion of birth or prior residence. 
‘‘(f) REVIEW.— 
‘‘(1) ADMINISTRATIVE
REVIEW.—No appeal 
shall lie from the denial of an application by the 
Secretary, but such denial will be without prejudice 
to the alien’s right to renew the application in pro-
ceedings under section 240. 
‘‘(2) MOTIONS TO REOPEN.— 
‘‘(A) IN GENERAL.—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 pro-
ceedings in order to apply for relief under this 
section. 
‘‘(B) DEADLINES.—Any motion under sub-
paragraph (A) shall be filed not later than the 
later of— 
‘‘(i) 2 years after the date of the en-
actment of the Refugee Protection Act of 
2016; or 
‘‘(ii) 90 days after the date of entry 
of a final administrative order of removal, 
deportation, or exclusion. 
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‘‘(C) EFFECT OF OTHER LIMITATIONS.— 
No time or numerical limitation may be con-
strued to restrict the filing of a motion to re-
open under this section if such limitation is 
based on previously unavailable or changed 
facts or circumstances that would undermine an 
applicant’s access to nationality that was pre-
viously alleged by the Secretary of Homeland 
Security or the applicant. 
‘‘(g) LIMITATIONS.— 
‘‘(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; or 
‘‘(B) the parole of any alien into the 
United States.’’. 
(b) CONFORMING AMENDMENT.—Section 203(b)(4) 
of the Immigration and Nationality Act (8 U.S.C. 
1153(b)(4)) is amended by inserting ‘‘to aliens granted 
adjustment of status under section 210A(c) or’’ after 
‘‘level,’’. 
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(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— 
‘‘(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 
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‘‘(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) is for purposes 
of adjudicatory efficiency and may be revoked by the 
President at any time after notification to Congress. 
‘‘(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 2016; and 
‘‘(II) shall be eligible for designation thereafter 
at the discretion of the President. 
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‘‘(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. 
‘‘(vii) A decision to deny admission under this section 
to an alien who establishes to the satisfaction of the Sec-
retary that the alien is a member of a group designated 
under clause (i)— 
‘‘(I) shall be in writing; and 
‘‘(II) shall cite the specific applicable provisions 
of this Act upon which such denial was based, in-
cluding— 
‘‘(aa) the facts underlying the determina-
tion; and 
‘‘(bb) whether there is a waiver of inadmis-
sibility available to the applicant.’’. 
(b) 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. 
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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. 
‘‘(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 
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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). 
(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 
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(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, child (other than a 
child described in section 101(b)(1)(F)), mother, or 
father of an alien who is a 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: 
‘‘(A) IN GENERAL.—A spouse, child (other 
than a child described in section 101(b)(1)(F)), 
mother, or father of an alien who is a 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-
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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)(1), by adding at the end the following: 
‘‘(C)(i) A person who is lawfully present in the United 
States may file an affidavit of relationship for such per-
son’s spouse or child (other than a child described in sec-
tion 101(b)(1)(F)) to enter the United States as a refugee 
if such spouse or child qualifies for admission under para-
graph (1) and is not described in section 101(a)(42)(B). 
‘‘(ii) A spouse or child described in clause (i) may 
enter the United States as a refugee through the family 
reunification procedures described in subparagraph (A), 
regardless of the how the lawfully present person entered 
the United States. 
‘‘(iii) The admission of a spouse or child described 
in clause (i) shall be subject to the numerical limitations 
established pursuant to subsections (a) and (b). 
‘‘(D) The Secretary of Homeland Security shall en-
sure that the application of an alien who is following to 
join a refugee who qualifies for admission under para-
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graph (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 and subsection (c)(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 
subsection is adjudicated not later than 90 days 
after the submission of such application.’’. 
SEC. 21. REFORM OF REFUGEE CONSULTATION PROCESS. 
Section 207 of the Immigration and Nationality Act 
(8 U.S.C. 1157) is amended— 
(1) in subsection (a), by adding at the end the 
following: 
‘‘(5) All officers of the Federal Government respon-
sible for refugee admissions or refugee resettlement shall 
treat the determinations made under this subsection and 
subsection (b) as the refugee admissions goal for the fiscal 
year.’’; 
(2) in subsection (d), by adding at the end the 
following: 
‘‘(4) Not later than 15 days after the last day of each 
calendar quarter, the President shall submit a report to 
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the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representa-
tives that contains— 
‘‘(A) the number of refugees who were admitted 
during the previous quarter; 
‘‘(B) the percentage of those arrivals against 
the refugee admissions goal for such quarter; 
‘‘(C) the cumulative number of refugees who 
were admitted during the fiscal year as of the end 
of such quarter; 
‘‘(D) the number of refugees to be admitted 
during the remainder of the fiscal year in order to 
meet the refugee admissions goal for the fiscal year; 
and 
‘‘(E) a plan that describes the procedural or 
personnel changes necessary to achieve the refugee 
admissions goal for the fiscal year.’’; and 
(3) in subsection (e)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (7) as subparagraphs (A) through (G), 
respectively; 
(B) in the matter preceding subparagraph 
(A), as redesignated— 
(i) by inserting ‘‘(1)’’ after ‘‘(e)’’; and 
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(ii) by inserting ‘‘, which shall be com-
menced not later than May 1 of each year 
and continue periodically throughout the 
remainder of the year, if necessary,’’ after 
‘‘discussions in person’’; 
(C) by striking ‘‘To the extent possible,’’ 
and inserting the following: 
‘‘(2) To the extent possible’’; and 
(D) by adding at the end the following: 
‘‘(3)(A) The plans referred to in paragraph (1)(C) 
shall include estimates of— 
‘‘(i) the number of refugees the President ex-
pects to have ready to travel to the United States 
at the beginning of the fiscal year; 
‘‘(ii) the number of refugees and the stipulated 
populations the President expects to admit to the 
United States in each quarter of the fiscal year; and 
‘‘(iii) the number of refugees the President ex-
pects to have ready to travel to the United States 
at the end of the fiscal year. 
‘‘(B) The Secretary of Homeland Security shall en-
sure that an adequate number of refugees are processed 
during the fiscal year to fulfill the refugee admissions 
goals under subsections (a) and (b). 
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‘‘(C) In fulfilling the requirements under this sub-
section, the President shall— 
‘‘(i) establish specific objectives or measure-
ments for the integration of refugees admitted to the 
United States; and 
‘‘(ii) submit an annual report to Congress on 
the integration of resettled refugees on the basis of 
such objectives or measurements.’’. 
SEC. 22. ADMISSION OF REFUGEES IN THE ABSENCE OF 
THE ANNUAL PRESIDENTIAL DETERMINA-
TION. 
Section 207(a) of the Immigration and Nationality 
Act (8 U.S.C. 1157(a)) is amended— 
(1) by striking paragraph (1); 
(2) by redesignating paragraphs (2), (3), (4), 
and (5) as paragraphs (1), (2), (3), and (4), respec-
tively; 
(3) in paragraph (1), as redesignated— 
(A) by striking ‘‘after fiscal year 1982’’; 
and 
(B) by adding at the end the following: ‘‘If 
the President does not issue a determination 
under this paragraph before the beginning of a 
fiscal year, the number of refugees that may be 
admitted under this section in each quarter be-
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fore the issuance of such determination shall be 
25 percent of the number of refugees admissible 
under this section during the previous fiscal 
year.’’; and 
(4) in paragraph (3), as redesignated, by strik-
ing ‘‘(beginning with fiscal year 1992)’’. 
SEC. 23. UPDATE OF RECEPTION AND PLACEMENT GRANTS. 
Beginning with fiscal year 2014, not later than 30 
days before the beginning of each fiscal year, the Secretary 
of State shall notify Congress of the amount of funds that 
the Secretary will provide in its Reception and Placement 
Grants in the coming fiscal year. In setting the amount 
of such grants each year, the Secretary shall ensure that— 
(1) the grant amount is adjusted so that it is 
adequate to provide for the anticipated initial reset-
tlement needs of refugees, including adjusting the 
amount for inflation and the cost of living; 
(2) an amount is provided at the beginning of 
the fiscal year to each national resettlement agency 
that is sufficient to ensure adequate local and na-
tional capacity to serve the initial resettlement needs 
of refugees the Secretary anticipates the agency will 
resettle throughout the fiscal year; and 
(3) additional amounts are provided to each na-
tional resettlement agency promptly upon the arrival 
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of refugees that, exclusive of the amounts provided 
pursuant to paragraph (2), are sufficient to meet the 
anticipated initial resettlement needs of such refu-
gees and support local and national operational costs 
in excess of the estimates described in paragraph 
(1). 
SEC. 24. PROTECTION FOR ALIENS INTERDICTED AT SEA. 
Section 241(b)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1231(b)(3)) is amended— 
(1) in the paragraph heading, by striking ‘‘TO 
A
COUNTRY
WHERE
ALIEN’S
LIFE
OR
FREEDOM 
WOULD BE THREATENED’’ and inserting ‘‘OR RE-
TURN IF REFUGEE’S LIFE OR FREEDOM WOULD BE 
THREATENED OR ALIEN WOULD BE SUBJECTED TO 
TORTURE’’; 
(2) in subparagraph (A)— 
(A) by striking ‘‘Notwithstanding’’ and in-
serting the following: 
‘‘(i) LIFE
OR
FREEDOM
THREAT-
ENED.—Notwithstanding’’; and 
(B) by adding at the end the following: 
‘‘(ii) ASYLUM
INTERVIEW.—Notwith-
standing paragraphs (1) and (2), a United 
States officer may not return any alien 
interdicted or otherwise encountered in 
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international waters or United States 
waters who has expressed a fear of return 
to his or her country of departure, origin, 
or last habitual residence— 
‘‘(I) until such alien has had the 
opportunity to be interviewed by an 
asylum officer in a confidential setting 
to determine whether that alien has a 
well-founded fear of persecution be-
cause of the alien’s race, religion, na-
tionality, membership in a particular 
social group, or political opinion, or 
because the alien would be subject to 
torture in that country; or 
‘‘(II) if an asylum officer has de-
termined that the alien has such a 
well-founded fear of persecution or 
would be subject to torture in his or 
her country of departure, origin, or 
last habitual residence.’’; 
(3) by redesignating subparagraphs (B) and 
(C) as subparagraphs (C) and (D), respectively; and 
(4) by inserting after subparagraph (A) the fol-
lowing: 
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‘‘(B) PROTECTIONS
FOR
ALIENS
INTER-
DICTED IN INTERNATIONAL OR UNITED STATES 
WATERS.—The Secretary of Homeland Security 
shall issue regulations establishing a uniform 
procedure applicable to all aliens interdicted in 
international or United States waters that— 
‘‘(i) provides each alien— 
‘‘(I) a meaningful opportunity to 
express, through a translator who is 
fluent in a language the alien claims 
to understand, a fear of return to his 
or her country of departure, origin, or 
last habitual residence; and 
‘‘(II) in a confidential setting and 
in a language the alien claims to un-
derstand, information concerning the 
alien’s interdiction, including the abil-
ity to inform United States officers 
about any fears relating to the alien’s 
return or repatriation; 
‘‘(ii) provides each alien expressing 
such a fear of return or repatriation a con-
fidential interview conducted by an asylum 
officer, in a language the alien claims to 
understand, to determine whether the 
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alien’s return to his or her country of ori-
gin or country of last habitual residence is 
prohibited because the alien has a well- 
founded fear of persecution— 
‘‘(I) because of the alien’s race, 
religion, nationality, membership in a 
particular social group, or political 
opinion; or 
‘‘(II) because the alien would be 
subject to torture in that country; 
‘‘(iii) ensures that each alien can ef-
fectively communicate with United States 
officers through the use of a translator flu-
ent in a language the alien claims to un-
derstand; and 
‘‘(iv) provides each alien who, accord-
ing to the determination of an asylum offi-
cer, has a well-founded fear of persecution 
for the reasons specified in clause (ii) or 
would be subject to torture, an opportunity 
to seek protection in— 
‘‘(I) a country other than the 
alien’s country of origin or country of 
last habitual residence in which the 
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alien has family or other ties that will 
facilitate resettlement; or 
‘‘(II) if the alien has no such 
ties, a country that will best facilitate 
the alien’s resettlement, which may in-
clude the United States.’’. 
SEC. 25. MODIFICATION OF PHYSICAL PRESENCE REQUIRE-
MENTS FOR ALIENS SERVING AS TRANS-
LATORS. 
(a) IN GENERAL.—Section 1059(e)(1) of the Na-
tional Defense Authorization Act for Fiscal Year 2006 
(Public Law 109–163; 8 U.S.C. 1101 note) is amended 
to read as follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) CONTINUOUS
RESIDENCE.—An ab-
sence from the United States described in para-
graph (2) shall not be considered to break any 
period for which continuous residence in the 
United States is required for naturalization 
under title III of the Immigration and Nation-
ality Act (8 U.S.C. 1401 et seq.). 
‘‘(B) PHYSICAL PRESENCE.—In the case of 
a lawful permanent resident, for an absence 
from the United States described in paragraph 
(2), the time spent outside of the United States 
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in the capacity described in paragraph (2) shall 
be counted towards the accumulation of the re-
quired physical presence in the United States.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if included in the 
amendment made by section 1(c)(2) of the Act entitled 
‘‘An Act to increase the number of Iraqi and Afghani 
translators and interpreters who may be admitted to the 
United States as special immigrants, and for other pur-
poses’’, approved June 15, 2007 (Public Law 110–36; 121 
Stat. 227). 
SEC. 26. 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-
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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 
‘‘(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-
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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 
(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 
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subject to duress, a consular officer, 
the Attorney General, or 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— 
‘‘(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— 
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‘‘(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-
sonably have known, that 
the organization was a ter-
rorist organization; 
‘‘(ee) to solicit any indi-
vidual— 
‘‘(AA) to engage in con-
duct otherwise described in 
this subsection; 
‘‘(BB) for membership 
in a terrorist organization 
described in item (aa) or 
(bb) of clause (iii)(V); or 
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‘‘(CC) for membership 
in a terrorist organization 
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-
sonably have known, that 
the organization was a ter-
rorist organization; or 
‘‘(ff) to commit an act that 
the actor knows, or reasonably 
should know, affords material 
support, including a safe house, 
transportation, communications, 
funds, transfer of funds or other 
material financial benefit, false 
documentation or identification, 
weapons (including chemical, bio-
logical, or radiological weapons), 
explosives, or training— 
‘‘(AA) for the commis-
sion of a terrorist activity; 
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‘‘(BB) to any individual 
who the actor knows, or rea-
sonably should know, has 
committed or plans to com-
mit a terrorist activity; 
‘‘(CC) to a terrorist or-
ganization described in item 
(aa) 
or 
(bb) 
of 
clause 
(iii)(V) or to any member of 
such an organization; or 
‘‘(DD) to a terrorist or-
ganization 
described 
in 
clause (iii)(V)(cc), or to any 
member of such an organi-
zation, unless the actor can 
demonstrate by clear and 
convincing evidence that he 
or she did not know, and 
should not reasonably have 
known, that the organization 
was a terrorist organization. 
‘‘(II) MATERIAL SUPPORT.—The 
term ‘material support’ means sup-
port that is significant and of a kind 
directly relevant to terrorist activity. 
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‘‘(III) 
REPRESENTATIVE.—The 
term ‘representative’ includes— 
‘‘(aa) an officer, official, or 
spokesman of an organization; 
and 
‘‘(bb) any person who di-
rects, counsels, commands, or in-
duces an organization or its 
members to engage in terrorist 
activity. 
‘‘(IV) TERRORIST
ACTIVITY.— 
The term ‘terrorist activity’ means 
any activity which is unlawful under 
the laws of the place where it is com-
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-
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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; 
‘‘(dd) an assassination; 
‘‘(ee) the use, with the in-
tent to endanger the safety of 
one 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 
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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 
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 two 
or more individuals, whether or-
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ganized or not, which engages in, 
or has a subgroup which engages 
in, the activities described in 
items (aa) through (ff) of sub-
clause (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.’’. 
(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-
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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 
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. 27. ASSESSMENT OF THE REFUGEE DOMESTIC RESET-
TLEMENT PROGRAM. 
(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct a study regarding the 
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effectiveness of the domestic refugee resettlement pro-
grams operated by the Office of Refugee Resettlement. 
(b) MATTERS TO BE STUDIED.—In the study re-
quired under subsection (a), the Comptroller General shall 
determine and analyze— 
(1) how the Office of Refugee Resettlement de-
fines self-sufficiency; 
(2) if this definition is adequate in addressing 
refugee needs in the United States; 
(3) the effectiveness of the Office of Refugee 
Resettlement programs in helping refugees to meet 
self-sufficiency; 
(4) an analysis of the unmet needs of the pro-
grams; 
(5) an evaluation of the Office of Refugee Re-
settlement’s budgetary resources and projection of 
the amount of additional resources needed to fully 
address the unmet needs of refugees with regard to 
self-sufficiency; 
(6) the role of community-based organizations 
in serving refugees in areas experiencing a high 
number of new refugee arrivals; 
(7) an analysis of how community-based organi-
zations can be better utilized and supported in the 
Federal domestic resettlement process; and 
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(8) recommendations on statutory changes to 
improve the Office of Refugee Resettlement and the 
domestic refugee program in relation to the matters 
analyzed under paragraphs (1) through (7). 
(c) REPORT.—Not later than 2 years after the date 
of the enactment of this Act, the Comptroller General shall 
submit a report to Congress that contains the results of 
the study required under subsection (a). 
SEC. 28. REFUGEE ASSISTANCE. 
(a) AMENDMENTS TO SOCIAL SERVICES FUNDING.— 
Section 412(c)(1)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1522(c)(1)(B)) is amended to read as fol-
lows: 
‘‘(B) The funds available for a fiscal year for 
grants and contracts under subparagraph (A) shall 
be allocated among the States based on a combina-
tion of— 
‘‘(i) the total number or refugees (includ-
ing children and adults) who arrived in the 
United States not more than 36 months before 
the beginning of such fiscal year and are actu-
ally residing in each State (taking into account 
secondary migration) as of the beginning of the 
fiscal year; 
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‘‘(ii) the total number of all other eligible 
populations served by the Office during the pe-
riod described who are residing in the State as 
of the beginning of the fiscal year; and 
‘‘(iii) projections on the number and na-
ture of incoming refugees and other populations 
served by the Office during the subsequent fis-
cal year.’’. 
(b) REPORT ON SECONDARY MIGRATION.—Section 
412(a)(3) of such Act (8 U.S.C. 1522(a)(3)) is amended— 
(1) by striking ‘‘a periodic’’ and inserting ‘‘an 
annual’’; and 
(2) by adding at the end the following: ‘‘At the 
end of each fiscal year, the Director shall submit a 
report to Congress that describes the findings of the 
assessment, including States experiencing departures 
and arrivals due to secondary migration, likely rea-
sons for migration, the impact of secondary migra-
tion on States hosting secondary migrants, avail-
ability of social services for secondary migrants in 
those States, and unmet needs of those secondary 
migrants.’’. 
(c) ASSISTANCE MADE AVAILABLE TO SECONDARY 
MIGRANTS.—Section 412(a)(1) of such Act (8 U.S.C. 
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1522(a)(1)) is amended by adding at the end the fol-
lowing: 
‘‘(C) When providing assistance under this sec-
tion, the Director shall ensure that such assistance 
is also provided to refugees who are secondary mi-
grants and meet all other eligibility requirements for 
such services.’’. 
(d) REFUGEES NEEDING SPECIALIZED MEDICAL 
CARE OR PREPARATION.—Section 412(b)(4)(B) of such 
Act (8 U.S.C. 1522(b)(4)(B)) is amended by inserting 
‘‘requiring specialized care or preparation before the refu-
gee’s arrival in the United States, or’’ after ‘‘medical con-
ditions’’. 
(e) LEGAL
ASSISTANCE
FOR
REFUGEES
AND 
ASYLEES.—Section 412(c)(1)(A) of such Act (8 U.S.C. 
1522(c)(1)(A)) is amended— 
(1) in clause (ii), by striking ‘‘and’’ at the end; 
(2) by redesignating clause (iii) as clause (iv); 
and 
(3) by inserting after clause (ii) the following: 
‘‘(iii) to provide legal services for refu-
gees to assist them in obtaining immigra-
tion benefits for which they are eligible; 
and’’. 
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(f) NOTICE AND RULEMAKING.—Not later than 90 
days after the date of enactment of this Act, but in no 
event later than 30 days before the effective date of the 
amendments made by this section, the Assistant Secretary 
shall— 
(1) issue a proposed rule of the new formula by 
which grants and contracts are to be allocated pur-
suant to the amendments made by subsection (c); 
and 
(2) solicit public comment. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the first 
fiscal year that begins after the date of the enactment of 
this Act. 
SEC. 29. RESETTLEMENT DATA. 
Section 412(a) of the Immigration and Nationality 
Act (8 U.S.C. 1522(a)) is amended— 
(1) in paragraph (2)(A), by inserting ‘‘, and 
shall consider data collected under paragraph (11)’’ 
before the period at the end; and 
(2) by adding at the end the following: 
‘‘(11)(A) The Assistant Secretary of Health 
and Human Services for Refugee and Asylee Reset-
tlement (referred to in this section as the ‘Assistant 
Secretary’) shall expand the Office of Refugee Re-
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settlement’s data analysis, collection, and sharing 
activities in accordance with this paragraph. 
‘‘(B) The Assistant Secretary shall coordinate 
with the Centers for Disease Control, national reset-
tlement agencies, community-based organizations, 
and State refugee health programs to track national 
and State trends on refugees arriving with Class A 
medical conditions and other urgent medical needs. 
In collecting information under this paragraph, the 
Assistant Secretary shall utilize initial refugee health 
screening data, including history of severe trauma, 
torture, mental health symptoms, depression, anxiety 
and post traumatic stress disorder, recorded during 
domestic and international health screenings, and 
Refugee Medical Assistance utilization rate data. 
‘‘(C) The Assistant Secretary shall partner with 
State refugee programs, community-based organiza-
tions, and national resettlement agencies to collect 
data relating to the housing needs of refugees, in-
cluding— 
‘‘(i) the number of refugees who have be-
come homeless; and 
‘‘(ii) the number of refugees at severe risk 
of becoming homeless. 
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‘‘(D) The Assistant Secretary shall gather lon-
gitudinal information relating to refugee self-suffi-
ciency and employment status for a 2-year period 
beginning 1 year after the refugee’s arrival. 
‘‘(E) The Assistant Secretary shall annually— 
‘‘(i) update the data collected under this 
paragraph; and 
‘‘(ii) submit a report to Congress that con-
tains the updated data.’’. 
SEC. 30. EXTENSION OF ELIGIBILITY PERIOD FOR SOCIAL 
SECURITY BENEFITS FOR CERTAIN REFU-
GEES. 
(a) EXTENSION OF ELIGIBILITY PERIOD.— 
(1) IN GENERAL.—Section 402(a)(2)(M)(i) of 
the Personal Responsibility and Work Opportunity 
Reconciliation 
Act 
of 
1996 
(8 
U.S.C. 
1612(a)(2)(M)(i)) is amended— 
(A) in subclause (I), by striking ‘‘9-year’’ 
and inserting ‘‘10-year’’; and 
(B) in subclause (II), by striking ‘‘2-year’’ 
and inserting ‘‘3-year’’. 
(2) CONFORMING AMENDMENT.—The heading 
for section 402(a)(2)(M)(i) of such Act is amended 
by striking ‘‘TWO-YEAR EXTENSION’’ and inserting 
‘‘EXTENSION’’. 
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(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect as of October 1, 
2016. 
(b) EXTENSION OF PERIOD FOR COLLECTION OF 
UNEMPLOYMENT
COMPENSATION
DEBTS
RESULTING 
FROM FRAUD.—Paragraph (8) of section 6402(f) of the 
Internal Revenue Code of 1986 (relating to collection of 
unemployment compensation debts resulting from fraud) 
is amended by striking ‘‘10 years’’ and inserting ‘‘10 years 
and 2 months’’. 
SEC. 31. PROHIBITION ON OPERATION STREAMLINE FOR 
ASYLUM SEEKERS. 
The Secretary shall refrain from referring any asy-
lum seeker for prosecution under section 275 or 276 of 
the Immigration and Nationality Act (8 U.S.C. 1325 or 
1326) absent a negative determination pursuant to section 
235(b)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)). 
SEC. 32. T AND U VISA REFORMS. 
(a) T VISAS.—Section 214(o) (8 U.S.C. 1184(o)) is 
amended by adding at the end the following: 
‘‘(8) Notwithstanding any provision of this Act grant-
ing eligibility for employment in the United States, the 
Secretary of Homeland Security shall grant employment 
authorization to an alien who has filed an application for 
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