grant children are especially vulnerable to gang vio-
lence when their parents find it difficult to navigate 
their new communities culturally and politically. 
(6) In 2008, the United States and Vietnam 
signed a bilateral repatriation agreement, hereinafter 
known as the 2008 Vietnam-U.S. Memorandum of 
Understanding (MOU). 
(7) According to Section 2, Article 2 of the 
2008 Vietnam-U.S. MOU, ‘‘Vietnamese citizens are 
not subject to return to Vietnam under this Agree-
ment if they arrived in the United States before July 
12, 1995, the date on which diplomatic relations 
were re-established between the U.S. Government 
and the Vietnamese Government. The U.S. Govern-
ment and the Vietnamese Government maintain 
their respective legal positions relative to Vietnamese 
citizens who departed Vietnam for the United States 
prior to that date.’’. 
(8) Under President George Bush and Presi-
dent Barack Obama, the United States recognized 
the 2008 Vietnam-U.S. MOU’s protections and re-
frained from deporting pre-1995 Vietnamese refu-
gees. 
(9) In November 2020, President Donald 
Trump’s Administration signed a new agreement 
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with Vietnam which allows for the deportation of Vi-
etnamese refugees who arrived in the United States 
prior to July 12, 1995. This includes lawful perma-
nent residents who have committed certain minor 
crimes and others who came to the United States as 
children after the Vietnam War. 
SEC. 3. LIMITATION ON THE DETENTION AND REMOVAL OF 
NATIONALS OF VIETNAM. 
(a) LIMITATION ON DETENTION AND REMOVAL.— 
Except as provided in subsection (b), an alien may not 
be detained or removed from the United States on or after 
the date of enactment of this Act if the alien— 
(1) is a national of Vietnam; 
(2) entered the United States on or before July 
12, 1995 and has continuously resided in the United 
States since such entry; and 
(3) is subject to a final order of removal. 
(b) EXCEPTION.—Subsection (a) shall not apply to 
an alien if— 
(1) the Secretary of Homeland Security deter-
mines, based on credible facts, that the alien is di-
rectly responsible for harming the security of the 
United States; or 
(2) the alien is subject to extradition. 
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(c) EMPLOYMENT AUTHORIZATION.—The Secretary 
of Homeland Security shall authorize an alien described 
in subsection (a) to engage in employment in the United 
States and provide such alien with an ‘‘employment au-
thorized’’ endorsement or other appropriate work permit. 
SEC. 4. NOTICE FOR CERTAIN VIETNAMESE NATIONALS 
WITH REMOVAL ORDERS. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary of Homeland 
Security shall provide notice of the provisions of this Act 
to each alien described in section 3(a). 
(b) CONTENTS OF NOTICE.—The notice described in 
subsection (a) shall include information explaining the re-
quirements and instructions for filing a motion to reopen 
removal proceedings under section 240(c)(7) of the Immi-
gration and Nationality Act (8 U.S.C. 1229a(c)(7)). 
SEC. 5. JUDICIAL REVIEW. 
(a) REVIEW.—Notwithstanding any other provision 
of law, an individual or entity who has been harmed by 
a violation of this Act may file an action in an appropriate 
district court of the United States to seek declaratory or 
injunctive relief. 
(b) RULE OF CONSTRUCTION.—Nothing in this Act 
may be construed to preclude an action filed pursuant to 
subsection (a) from proceeding as a class action (as such 
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term is defined in section 1711 of title 28, United States 
Code). 
Æ 
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