I 
116TH CONGRESS 
2D SESSION 
H. R. 7415 
To designate residents of the Hong Kong Special Administrative Region 
as Priority 2 refugees of special humanitarian concern, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2020 
Mr. CURTIS (for himself, Mr. CASTRO of Texas, Mr. GALLAGHER, Mr. SHER-
MAN, Mrs. HARTZLER, Mr. SUOZZI, Mr. ROUDA, Mr. YOHO, Mr. STEW-
ART, Mr. MCADAMS, Ms. STEFANIK, Mr. MCGOVERN, Mr. KINZINGER, 
and Mr. MALINOWSKI) introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
Foreign Affairs, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To designate residents of the Hong Kong Special Administra-
tive Region as Priority 2 refugees of special humani-
tarian concern, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hong Kong Safe Har-
bor Act’’. 
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SEC. 2. DESIGNATION OF CERTAIN RESIDENTS OF HONG 
KONG AS PRIORITY 2 REFUGEES. 
(a) IN GENERAL.—The Secretary of State, in con-
sultation with the Secretary of Homeland Security, shall 
designate as Priority 2 refugees of special humanitarian 
concern the following categories of aliens: 
(1) Individuals who are residents of the Hong 
Kong Special Administrative Region who suffered 
persecution, or have a well-founded fear of persecu-
tion, on account of their peaceful expression of polit-
ical opinions or peaceful participation in political ac-
tivities or associations. 
(2) Individuals who have been formally charged, 
detained, or convicted on account of their peaceful 
actions as described in section 206(b)(2) of the 
United States-Hong Kong Policy Act of 1992 (22 
U.S.C. 5726). 
(3) The spouses, children, and parents (as such 
terms are defined in subsections (a) and (b) of sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101)) of individuals described in paragraph 
(1) or (2), except such parents who are citizens of 
a country other than the People’s Republic of China. 
(b) PROCESSING OF HONG KONG REFUGEES.—The 
processing of individuals described in subsection (a) for 
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classification as refugees may occur in Hong Kong or in 
a third country. 
(c) ELIGIBILITY FOR ADMISSION AS REFUGEES.—An 
alien may not be denied the opportunity to apply for ad-
mission as a refugee under this section primarily because 
such alien— 
(1) qualifies as an immediate relative of a cit-
izen of the United States; or 
(2) is eligible for admission to the United 
States under any other immigrant classification. 
(d) FACILITATION
OF ADMISSIONS.—An applicant 
for admission to the United States from the Hong Kong 
Special Administrative Region may not be denied pri-
marily on the basis of a politically motivated arrest, deten-
tion, or other adverse government action taken against 
such applicant as a result of the participation by such ap-
plicant in protest activities. 
(e) EXCLUSION FROM NUMERICAL LIMITATIONS.— 
Aliens provided refugee status under this section shall not 
be counted against any numerical limitation under section 
201, 202, 203, or 207 of the Immigration and Nationality 
Act (8 U.S.C. 1151, 1152, 1153, or 1157). 
(f) REPORTING REQUIREMENTS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, and 
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every 90 days thereafter, the Secretary of State and 
the Secretary of Homeland Security shall submit a 
report on the matters described in paragraph (2) 
to— 
(A) the Committee on the Judiciary and 
the Committee on Foreign Relations of the Sen-
ate; and 
(B) the Committee on the Judiciary and 
the Committee on Foreign Affairs of the House 
of Representatives. 
(2) MATTERS TO BE INCLUDED.—Each report 
required by paragraph (1) shall include— 
(A) the total number of applications that 
are pending at the end of the reporting period; 
(B) the average wait-times for all appli-
cants who are currently pending— 
(i) employment verification; 
(ii) a prescreening interview with a re-
settlement support center; 
(iii) an interview with U.S. Citizen-
ship and Immigration Services; and 
(iv) the completion of security checks; 
and 
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(C) the number of denials of applications 
for refugee status, disaggregated by the reason 
for each such denial. 
(3) FORM.—Each report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
(4) PUBLIC REPORTS.—The Secretary of State 
shall make each report submitted under this sub-
section available to the public on the internet website 
of the Department of State. 
(g) SATISFACTION
OF OTHER REQUIREMENTS.— 
Aliens granted status under this section as Priority 2 refu-
gees of special humanitarian concern under the refugee 
resettlement priority system shall be considered to satisfy 
the requirements under section 207 of the Immigration 
and Nationality Act (8 U.S.C. 1157) for admission to the 
United States. 
SEC. 3. WAIVER OF IMMIGRANT STATUS PRESUMPTION. 
(a) IN GENERAL.—The presumption under the first 
sentence of section 214(b) (8 U.S.C. 1184(b)) that every 
alien is an immigrant until the alien establishes that the 
alien is entitled to nonimmigrant status shall not apply 
to an alien described in subsection (b). 
(b) ALIEN DESCRIBED.— 
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(1) IN GENERAL.—An alien described in this 
paragraph is an alien who— 
(A) on June 30, 2020, is a resident of the 
Hong Kong Special Administrative Region; 
(B) is seeking entry to the United States 
to apply for asylum under section 208 of the 
Immigration and Nationality Act (8 U.S.C. 
1158); and 
(C)(i) had a leadership role in civil society 
organizations supportive of the protests in 2019 
and 2020 relating to the Hong Kong extra-
dition bill and the encroachment on the auton-
omy of Hong Kong by the People’s Republic of 
China; 
(ii) had an organizing role for such pro-
tests; 
(iii) acted as a first aid responder for such 
protests; 
(iv) suffered harm while covering such pro-
tests as a journalist; 
(v) provided paid or pro-bono legal services 
to 1 or more individuals arrested for partici-
pating in such protests; or 
(vi) during the period beginning on June 
9, 2019, and ending on June 30, 2020, was for-
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mally charged, detained, or convicted for his or 
her participation in such protests. 
(2) EXCLUSION.—An alien described in this 
paragraph does not include any alien who is a citizen 
of a country other than the People’s Republic of 
China. 
SEC. 4. REFUGEE AND ASYLUM DETERMINATIONS UNDER 
THE IMMIGRATION AND NATIONALITY ACT. 
(a) PERSECUTION ON ACCOUNT OF POLITICAL OPIN-
ION.— 
(1) IN GENERAL.—For purposes of refugee de-
terminations under this Act in accordance with sec-
tion 207 of the Immigration and Nationality Act (8 
U.S.C. 1157), an individual whose citizenship, na-
tionality, or residency is revoked for having sub-
mitted to any United States Government agency a 
nonfrivolous application for refugee status, asylum, 
or any other immigration benefit under the immigra-
tion laws (as defined in section 101(a) of that Act 
(8 U.S.C. 1101(a)) shall be considered to have suf-
fered persecution on account of political opinion. 
(2) NATIONALS OF THE PEOPLE’S REPUBLIC OF 
CHINA.—For purposes of refugee determinations 
under this Act in accordance with section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157), a 
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national of the People’s Republic of China whose 
residency in the Hong Kong Special Administrative 
region, or any other area within the jurisdiction of 
the People’s Republic of China, as determined by the 
Secretary of State, is revoked for having submitted 
to any United States Government agency a nonfrivo-
lous application for refugee status, asylum, or any 
other immigration benefit under the immigration 
laws shall be considered to have suffered persecution 
on account of political opinion. 
(b) CHANGED CIRCUMSTANCES.—For purposes of 
asylum determinations under this Act in accordance with 
section 208 of the Immigration and Nationality Act (8 
U.S.C. 1158), the revocation of the citizenship, nation-
ality, or residency of an individual for having submitted 
to any United States Government agency a nonfrivolous 
application for refugee status, asylum, or any other immi-
gration benefit under the immigration laws shall be con-
sidered to be a changed circumstance under subsection 
(a)(2)(D) of that section. 
SEC. 5. STATEMENT OF POLICY ON ENCOURAGING ALLIES 
AND PARTNERS TO MAKE SIMILAR ACCOM-
MODATIONS. 
It is the policy of the United States to encourage al-
lies and partners of the United States to make accom-
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modations similar to the accommodations made in this Act 
for residents of the Hong Kong Special Administrative Re-
gion who are fleeing oppression by the Government of the 
People’s Republic of China. 
SEC. 6. TERMINATION. 
This Act, and the amendments made by this Act, 
shall cease to have effect on the date that is 5 years after 
the date of the enactment of this Act. 
Æ 
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