graph is referred to a legal services pro-
vider funded by the Department of Health 
and Human Services to represent the child 
post-release. 
(F) 
DEPARTMENT
OF
HEALTH
AND 
HUMAN
SERVICES
CUSTODY.—In any case in 
which Department of Health and Human Serv-
ices field staff cannot approve a child’s reunifi-
cation not later than 72 hours after the time at 
which the child is apprehended— 
(i) the Commissioner of U.S. Customs 
and Border Protection shall transfer cus-
tody of the child to the Secretary of Health 
and Human Services for placement in Of-
fice of Refugee Resettlement care in the 
least restrictive setting in the child’s best 
interest, as required by section 235 of the 
William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008; 
and 
(ii) the Secretary of Health and 
Human Services shall appoint an inde-
pendent child advocate to the child upon 
the child’s arrival in Office of Refugee Re-
settlement care. 
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(G) LEGAL ORIENTATION PRESENTATIONS 
IN
RECEPTION
CENTERS.—The Secretary of 
Health and Human Services shall work with 
stakeholders to ensure that legal staff are de-
tailed to U.S. Customs and Border Protection 
reception centers sites to provide legal orienta-
tion presentations to unaccompanied children 
while their 1 or more adult family members are 
evaluated by Department of Health and Human 
Services field staff. 
(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to modify— 
(A) the definition of the term ‘‘unaccom-
panied alien child’’ under section 462(g)(2) of 
the Homeland Security Act of 2002 (6 U.S.C. 
279(g)(2)); 
(B) the obligation of the Secretary of 
Health and Human Services to take a child into 
custody, and if the child cannot be reunified 
with the adult family member as set forth in 
paragraph (3)(E) to place the child in the least 
restrictive setting in their best interests, con-
sistent with section 279(g) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 279(g)) or section 
235 of the William Wilberforce Trafficking Vic-
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100 
tims Protection Reauthorization Act of 2008 (8 
U.S.C. 1232); or 
(C) the duration of the unaccompanied 
alien child determination and associated legal 
protections under section 235 of the William 
Wilberforce Trafficking Victims Protection Re-
authorization Act of 2008 (8 U.S.C. 1232). 
(f) ELIMINATION OF SPECIAL IMMIGRANT JUVENILE 
VISA CAP.— 
(1) ALIENS NOT SUBJECT TO DIRECT NUMER-
ICAL LIMITATIONS.—Section 201(b)(1)(A) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1151(b)(1)(A)) is amended by striking ‘‘subpara-
graph (A) or (B)’’ and inserting ‘‘subparagraph (A), 
(B), or (J)’’. 
(2) PREFERENCE
ALLOCATION
FOR
EMPLOY-
MENT-BASED
IMMIGRANTS.—Section 203(b)(4) of 
the Immigration and Nationality Act (8 U.S.C. 
1153(b)(4)) is amended by striking ‘‘subparagraph 
(A) or (B)’’ and inserting ‘‘subparagraph (A), (B), 
or (J)’’. 
SEC. 1203. FAIR DAY IN COURT FOR KIDS. 
(a) IMPROVING IMMIGRATION COURT EFFICIENCY 
AND REDUCING COSTS BY INCREASING ACCESS TO LEGAL 
INFORMATION.— 
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101 
(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 the matter preceding subpara-
graph (A), by inserting ‘‘, or in the case of 
an unaccompanied alien child (as defined 
in section 462(g)(2) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 279(g)(2))), 
under regulations of the Secretary of 
Health and Human Services’’ after ‘‘Attor-
ney General’’; 
(ii) 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; 
(iii) by redesignating subparagraphs 
(B) and (C) as subparagraphs (D) and 
(E), respectively; 
(iv) by inserting after subparagraph 
(A) the following: 
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102 
‘‘(B) the Attorney General, or in the case 
of an unaccompanied alien child, the Secretary 
of Health and Human Services, may appoint or 
provide counsel, at Government expense, to the 
alien; 
‘‘(C) the alien, at the beginning of such 
proceedings or as expeditiously as possible, shall 
automatically receive a complete copy of all rel-
evant documents in the possession of the De-
partment of Homeland Security (unless the 
alien waives the right to receive such documents 
by executing a knowing and voluntary written 
waiver in a language that he or she under-
stands fluently), including— 
‘‘(i) all documents (other than docu-
ments protected from disclosure by privi-
lege and documents containing national se-
curity information referred to in subpara-
graph (D), law enforcement sensitive infor-
mation, or information prohibited from dis-
closure pursuant to any other provision of 
law) contained in the file maintained by 
the Government that includes information 
with respect to all transactions involving 
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103 
the alien during the immigration process 
(commonly referred to as an ‘A-file’); and 
‘‘(ii) all documents pertaining to the 
alien that the Department of Homeland 
Security has obtained or received from 
other government agencies;’’; and 
(v) 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 required 
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 AND THE SEC-
RETARY OF HEALTH AND HUMAN SERVICES TO AP-
POINT COUNSEL TO ALIENS IN IMMIGRATION PRO-
CEEDINGS.—Section 292 of the Immigration and 
Nationality Act (8 U.S.C. 1362) is amended— 
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106 
‘‘(2) a person with a disability; 
‘‘(3) a victim of abuse, torture, or violence; 
‘‘(4) an individual whose income is at or below 
200 percent of the poverty line (as defined by the 
Office of Management and Budget and revised an-
nually in accordance with section 673(2) of the 
Community Services Block Grant Act (42 U.S.C. 
9902(2))) applicable to a family of the size involved; 
or 
‘‘(5) an individual whose circumstances require 
the appointment of counsel to help ensure the fair 
resolution and efficient adjudication of the pro-
ceedings. 
‘‘(e) EXTENSION TO CONSOLIDATED CASES.—If the 
Attorney General has consolidated the case of an alien for 
whom counsel was appointed under subsection (c) or (d) 
with the case of another alien who does not have counsel, 
the counsel appointed under subsection (c) or (d), as appli-
cable, shall be appointed to represent such other alien. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Office of Refugee 
Resettlement of the Department of Health and Human 
Services and to the Executive Office for Immigration Re-
view of the Department of Justice, such sums as may be 
necessary to carry out this section.’’. 
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107 
(B) RULEMAKING.— 
(i) UNACCOMPANIED
ALIEN
CHIL-
DREN.—The Secretary of Health and 
Human Services shall promulgate regula-
tions to implement section 292(c) of the 
Immigration and Nationality Act, as added 
by subparagraph (A), in accordance with 
the requirements set forth in section 
3006A of title 18, United States Code. 
(ii) OTHER
VULNERABLE
ALIENS.— 
The Attorney General shall promulgate 
regulations to implement section 292(d) of 
the Immigration and Nationality Act, as 
added by subparagraph (A), in accordance 
with the requirements set forth in section 
3006A of title 18, United States Code. 
(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 such aliens regard-
ing legal services programs at detention facilities. 
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108 
(2) ACCESS
TO
LEGAL
ORIENTATION
PRO-
GRAMS.— 
(A) 
PROCEDURES.—The 
Secretary 
of 
Homeland Security, in consultation with the At-
torney General, shall establish procedures— 
(i) to ensure that legal orientation 
programs are available for all detained 
aliens, including aliens held in U.S. Cus-
toms and Border Protection facilities; and 
(ii) to inform such aliens of— 
(I) the basic procedures of immi-
gration hearings; 
(II) their rights relating to such 
hearings under Federal immigration 
laws; 
(III) information that may deter 
such aliens from filing frivolous legal 
claims; and 
(iii) any other information that the 
Attorney General considers appropriate, 
such as a contact list of potential legal re-
sources and providers. 
(B) UNIVERSAL AVAILABILITY.—Access to 
legal orientation programs under subparagraph 
(A) may not be limited by the alien’s current 
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109 
immigration status, prior immigration history, 
or potential for immigration relief. 
(c) REPORT ON ACCESS TO COUNSEL.— 
(1) REPORT.—Not later than December 31 
each year, the Secretary of Homeland Security, in 
consultation with the Attorney General and the Sec-
retary of Health and Human Services, shall 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 subsections (c) and (d) of 
section 292 of the Immigration and Nationality Act, 
as added by subsection (a)(3)(A), have been pro-
vided access to counsel. 
(2) CONTENTS.—Each report submitted pursu-
ant to paragraph (1) shall include, for the imme-
diately preceding 1-year period— 
(A) the number and percentage of aliens 
described in section 292(c) of the Immigration 
and Nationality Act and in paragraphs (1), (2), 
(3), and (4), respectively, of section 292(d) of 
such Act who were represented by counsel, in-
cluding information specifying— 
(i) the stage of the legal process at 
which the alien was represented; and 
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110 
(ii) whether the alien was in govern-
ment custody; and 
(B) the number and percentage of aliens 
who received legal orientation presentations. 
(d) MOTIONS TO REOPEN.—Section 240(c)(7)(C) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229a(c)(7)(C)) is amended by adding at the end the fol-
lowing: 
‘‘(v) SPECIAL RULE FOR ALIENS EN-
TITLED TO APPOINTMENT OF COUNSEL.— 
If the Secretary of Health and Human 
Services or the Attorney General fail to ap-
point counsel for an alien in accordance 
with subsection (c) or (d) of section 292, 
as applicable— 
‘‘(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.’’. 
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111 
Subtitle C—Protections for Other 
Vulnerable Individuals 
CHAPTER 1—STATELESS PROTECTION 
SEC. 1311. PROTECTION OF STATELESS PERSONS IN THE 
UNITED STATES. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1255 et seq.) is 
amended by inserting after section 245A the following: 
‘‘SEC. 245B. PROTECTION OF STATELESS PERSONS IN THE 
UNITED STATES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COMPETENT AUTHORITY.—With respect to 
a foreign country, the term ‘competent authority’— 
‘‘(A) means the authority responsible for— 
‘‘(i) conferring nationality on, or with-
drawing nationality from, individuals; or 
‘‘(ii) in the case of nationality having 
been acquired or withdrawn automatically, 
clarifying the nationality status of an indi-
vidual; and 
‘‘(B) includes a Federal, local, or regional 
government entity, a consular official, and a 
government official at any level, notwith-
standing any process by which a decision by 
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112 
such an entity or official may later be over-
ridden. 
‘‘(2) NATIONAL; NATIONALITY.—The terms ‘na-
tional’ and ‘nationality’— 
‘‘(A) refer to a formal link, of a political 
and legal character, between an individual and 
a country; and 
‘‘(B) do not include the concept of nation-
ality relating to membership in a religious, lin-
guistic, or ethnic group. 
‘‘(3) NONCITIZEN.—The term ‘noncitizen’ has 
the meaning given the term ‘alien’ in section 101(a). 
‘‘(4) OPERATION OF LAW; OPERATION OF ITS 
LAW.—The terms ‘operation of law’ and ‘operation 
of its law’— 
‘‘(A) refer to the consideration by a com-
petent authority of a country with respect to an 
individual in practice, including under the legis-
lation, ministerial decrees, regulations, orders, 
judicial case law, and customary practices of 
the competent authority; and 
‘‘(B) include situations in which the posi-
tion of the competent authority differs from the 
law as written, if the position of the competent 
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113 
authority that an individual is not a national of 
the country is determinative. 
‘‘(5) RELEVANT ASSOCIATION.—The term ‘rel-
evant association’ means a natural person’s connec-
tion to a country through— 
‘‘(A) birth on the territory of the country; 
‘‘(B) descent from 1 or more individuals 
who are nationals of the country; 
‘‘(C) marriage to an individual who is a 
national of the country; 
‘‘(D) adoption by an individual who is a 
national of the country; or 
‘‘(E) habitual residence in the country. 
‘‘(6) STATELESS PERSON.—The term ‘stateless 
person’ means an individual who is not considered as 
a national by any state under the operation of its 
law. 
‘‘(b) MECHANISMS FOR REGULARIZING THE STATUS 
OF STATELESS PERSONS.— 
‘‘(1) STATELESS PROTECTED STATUS.— 
‘‘(A) PRINCIPAL
APPLICANTS.—Notwith-
standing any other provision of law, the Sec-
retary of Homeland Security shall provide 
stateless protected status to a noncitizen who— 
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114 
‘‘(i) is a stateless person present in 
the United States; 
‘‘(ii) applies for such relief; 
‘‘(iii) has not formally renounced his 
or her nationality as a result of voluntary, 
affirmative, and intentional action after ar-
rival in the United States and after the 
date of the enactment of this section, un-
less the renunciation was the result of du-
ress, coercion, or a reasonable expectation 
that the noncitizen had acquired or would 
acquire another nationality or citizenship; 
and 
‘‘(iv) is not inadmissible under section 
212(a)(3), except as provided in paragraph 
(2) of this subsection; and 
‘‘(v) is not described in section 
241(b)(3)(B)(i). 
‘‘(B) TREATMENT OF SPOUSE AND CHIL-
DREN.—Notwithstanding any other provision of 
law, the Secretary of Homeland Security shall 
provide stateless protected status to a noncit-
izen who— 
‘‘(i) is the spouse or child of a noncit-
izen described in subparagraph (A), if such 
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115 
spouse or child is not otherwise eligible for 
admission under that subparagraph; 
‘‘(ii) is accompanying, or following to 
join, such noncitizen; 
‘‘(iii) established the qualifying rela-
tionship to such noncitizen before the date 
on which such noncitizen applied for state-
less protected status; 
‘‘(iv) is not inadmissible under section 
212(a)(3), except as provided in paragraph 
(2) of this subsection; and 
‘‘(v) is not described in section 
241(b)(3)(B)(i). 
‘‘(C) STATELESS
PROTECTED
STATUS.— 
Noncitizens with stateless protected status— 
‘‘(i) shall— 
‘‘(I) receive relevant protections 
against deportation, removal, and de-
tention, as described in paragraph (3); 
‘‘(II) be authorized for employ-
ment, as described in paragraph (4); 
and 
‘‘(III) be eligible to apply for a 
travel document, as described in para-
graph (5); and 
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116 
‘‘(ii) shall not face limitations from 
immigration enforcement officials on their 
domestic travel. 
‘‘(D) CONCURRENT
GRANT
OF
LAWFUL 
PERMANENT RESIDENCE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), notwithstanding any 
other provision of law, immediately on 
granting stateless protected status to a 
noncitizen, the Secretary of Homeland Se-
curity shall adjust the status of the noncit-
izen to that of a noncitizen lawfully admit-
ted for permanent residence. 
‘‘(ii) EXCEPTION.—The Secretary of 
Homeland Security may not adjust the sta-
tus of a noncitizen with stateless protected 
status who is inadmissible under section 
212(a)(2). 
‘‘(2) WAIVERS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, the Secretary of Home-
land Security may, for humanitarian purposes, 
in the interests of access to fundamental or en-
abling rights, to ensure family unity, or when it 
is otherwise in the public interest, waive the op-
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117 
eration of the grounds of inadmissibility set 
forth in paragraphs (2) and (3) of section 
212(a), for relief under this section. 
‘‘(B) FACTORS.—In making a determina-
tion under subparagraph (A), the Secretary of 
Homeland Security shall consider all relevant 
factors, including— 
‘‘(i) mitigating and aggravating fac-
tors of the basis for inadmissibility; 
‘‘(ii) the duration of the noncitizen’s 
residence in the United States; and 
‘‘(iii) the degree to which the nonciti-
zen’s removal, or denial of the noncitizen’s 
application, would adversely affect the non-
citizen or the noncitizen’s United States 
citizen or lawful permanent resident family 
members. 
‘‘(3) RELEASE
FROM
POST-REMOVAL
DETEN-
TION.—A grant of stateless protected status under 
this section shall— 
‘‘(A) trigger immediate release of an indi-
vidual from post-removal detention; 
‘‘(B) be considered to establish that there 
is no significant likelihood of the individual’s re-
moval in the reasonably foreseeable future; and 
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119 
tion for lawful permanent residence or 
stateless protected status. 
‘‘(5) TRAVEL DOCUMENTS.— 
‘‘(A) IN GENERAL.—On request, the Sec-
retary of Homeland Security shall provide to 
any noncitizen granted relief under this section, 
a travel document that facilitates the nonciti-
zen’s ability to travel abroad and to be admitted 
to the United States upon return. 
‘‘(B) VALIDITY.—The minimum period of 
validity for a document issued under subpara-
graph (A) shall be 10 years. 
‘‘(6) NATURALIZATION.—Notwithstanding any 
other provision of law, an individual granted lawful 
permanent residence status under paragraph (1)(D) 
may apply for naturalization after having resided 
continuously in the United States for at least 3 
years beginning on the date on which such individual 
is granted lawful permanent resident status. 
‘‘(c) EVIDENTIARY MATTERS.— 
‘‘(1) IN GENERAL.—In determining if an indi-
vidual is a stateless person under this section, the 
Secretary of Homeland Security shall consider and 
obtain any credible evidence relevant to the applica-
tion, including information from— 
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120 
‘‘(A) the Department of State, particularly 
the Bureau of Population, Refugees, and Mi-
gration and the Bureau of Democracy, Human 
Rights, and Labor; and 
‘‘(B) relevant international and foreign 
bodies, such as the United Nations High Com-
missioner for Refugees, nongovernmental orga-
nizations, and the competent authorities of 
other countries. 
‘‘(2) DESIGNATION
OF
SPECIFIC
GROUPS
OF 
STATELESS PERSONS.—The Secretary of Homeland 
Security, in consultation with the Secretary of State, 
may designate 1 or more specific groups of individ-
uals who shall be considered stateless persons for 
purposes of this section, and a noncitizen who be-
longs to a group so designated shall be considered 
a stateless person. 
‘‘(3) BURDEN OF PROOF.—The burden of proof 
with respect to evidentiary matters relating to an 
application under this section shall be shared be-
tween the Secretary of Homeland Security and the 
applicant. 
‘‘(4) STANDARD OF PROOF.— 
‘‘(A) IN GENERAL.—A noncitizen shall be 
considered to be a stateless person if it is estab-
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121 
lished to a reasonable degree that the noncit-
izen meets the definition of the term ‘stateless 
person’ under this section. 
‘‘(B) ASSESSMENT OF NATIONALITY.—The 
nationality of an individual shall be assessed as 
of the date on which a determination of eligi-
bility under this section is made. 
‘‘(5) SUBMISSION
OF
DOCUMENTARY
EVI-
DENCE.— 
‘‘(A) SUPPORTING DOCUMENTS FROM AP-
PLICANT.—An applicant for relief under this 
section shall submit, as part of the application 
for such relief— 
‘‘(i) a full and truthful account, to the 
best of the noncitizen’s knowledge, of such 
noncitizen’s legal status with regard to any 
country in which the applicant was born or 
resided before entering the United States 
or to which the applicant has a relevant as-
sociation; and 
‘‘(ii) all evidence reasonably available, 
including any valid or expired travel docu-
ment. 
‘‘(B) EVIDENCE
AVAILABLE
TO
SEC-
RETARY OF HOMELAND SECURITY.—The Sec-
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122 
retary of Homeland Security shall obtain and 
submit to the immigration officer or immigra-
tion judge and the applicant or, as applicable, 
the applicant’s counsel, all available evidence re-
garding the legal status of the applicant in the 
applicant’s country of birth or prior residence 
or any country to which the applicant has a rel-
evant association, including information on the 
relevant laws and practices of the countries con-
cerned. 
‘‘(C) CONSIDERATION OF RESPONSE.—The 
Secretary of Homeland Security may consider 
as substantial evidence that an individual is not 
considered by a country to be a national of the 
country the following: 
‘‘(i) After 120 days have elapsed after 
the Secretary of Homeland Security has 
requested information from the country 
with respect to the nationality status of the 
individual, the lack of response from the 
competent authority of the country. 
‘‘(ii) A pro forma response from the 
country that lacks an application of the 
law or facts to the particular individual. 
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123 
‘‘(iii) The refusal of the country to ac-
cept the individual for deportation or re-
moval. 
‘‘(d) FEES.—The Secretary of Homeland Security 
may not charge a noncitizen any fee in connection with 
an application for, or issuance of, lawful status under this 
section, employment authorization, or travel documents. 
‘‘(e) JURISDICTION AND REVIEW.— 
‘‘(1) IN GENERAL.—The Director of U.S. Citi-
zenship and Immigration Services shall have juris-
diction over an application for stateless protected 
status and adjustment of status filed by a noncitizen 
under this section. 
‘‘(2) REVIEW.—A denial by the Secretary of 
Homeland Security of an application for relief under 
this section shall be subject to review by the Admin-
istrative Appeals Office of U.S. Citizenship and Im-
migration Services. 
‘‘(f) EFFECT ON REMOVAL PROCEEDINGS.—With re-
spect to a noncitizen in removal proceedings who files an 
application for relief under this section, the Attorney Gen-
eral shall postpone the removal proceedings pending the 
adjudication of the application. 
‘‘(g) APPLICANTS WITH FINAL ORDERS
OF RE-
MOVAL.— 
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124 
‘‘(1) MOTIONS TO REOPEN.— 
‘‘(A) IN
GENERAL.—A noncitizen whose 
removal, deportation, or exclusion proceedings 
were concluded before the date of the enact-
ment of this section, and who is eligible for re-
lief under this section, may file 1 motion to re-
open proceedings to apply for such relief not 
later than 1 year after the date of the enact-
ment of this section. 
‘‘(B) EFFECT OF LIMITATIONS.—A time or 
numerical limitation on motions to reopen re-
moval, deportation, or exclusion proceedings 
may not be construed to restrict the filing of a 
motion to reopen under this paragraph if such 
limitation is based on previously unavailable evi-
dence or facts, or on changed facts or cir-
cumstances, including a discovery by a noncit-
izen that the noncitizen may be a stateless per-
son. 
‘‘(2) STAY OF REMOVAL.— 
‘‘(A) IN GENERAL.—An applicant for relief 
under this section who has been issued a final 
order of removal, deportation, or exclusion may 
request a stay of removal, deportation, or exclu-
sion. 
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125 
‘‘(B) CONSIDERATION OF REQUEST.—With 
respect to an individual who requests a stay 
under subparagraph (A), if the Secretary of 
Homeland Security determines that the applica-
tion for relief is bona fide, the Secretary shall 
automatically stay the execution of the final 
order of deportation, exclusion, or removal, and 
the stay will remain in effect until a final deci-
sion is made on the applications. 
‘‘(C) EFFECT OF DENIAL.—If the applica-
tion is denied, the stay of the final order is 
deemed lifted as of the date of such denial, 
without regard to whether the noncitizen ap-
peals the decision. 
‘‘(3) TERMINATION.—On the grant of an appli-
cation for relief under this section to a noncitizen 
with a final order of removal, deportation, or exclu-
sion, the final order shall be deemed canceled by op-
eration of law as of the date of the approval. 
‘‘(h) EXCLUSION FROM NUMERICAL LIMITATIONS.— 
Individuals provided status under this section shall not be 
counted against any numerical limitation under sections 
201(d), 202(a), or 203(b)(4). 
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126 
‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to authorize or require the admis-
sion of any noncitizen to the United States. 
‘‘(j) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than 120 days 
after the date of the enactment of this section, and 
every 90 days thereafter, the Secretary of Homeland 
Security shall submit to the Committee on the Judi-
ciary of the Senate and the Committee on the Judi-
ciary of the House of Representatives a report on— 
‘‘(A) the number of applications submitted 
under each of paragraphs (1), (4), and (5) of 
subsection (b) since the date of the enactment 
of this section, disaggregated by the country of 
birth of the applicants; and 
‘‘(B) average timelines for processing each 
such application. 
‘‘(2) PUBLIC AVAILABILITY.—The Secretary of 
Homeland Security shall publish each report sub-
mitted under paragraph (1) on the internet website 
of the Department of Homeland Security, respec-
tively. 
‘‘(k) PUBLICATION OF GUIDANCE.—Not later than 
120 days after the date of the enactment of this section, 
the Secretary of Homeland Security shall publish all policy 
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127 
manuals, guidance, and application instructions relating 
to applications under this section on the internet website 
of the Department of Homeland Security. 
‘‘(l) REGULATIONS.—The Secretary of Homeland Se-
curity may issue such regulations as the Secretary of 
Homeland Security considers appropriate to carry out this 
section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of con-
tents for the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended by inserting after 
the item relating to section 245A the following: 
‘‘Sec. 245B. Protection of stateless persons in the United States.’’. 
(2) EXCEPTION FOR UNLAWFUL PRESENCE OF 
STATELESS PERSONS.—Section 212(a)(9)(B)(iii) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)(B)(iii)) is amended by adding at the end 
the following: 
‘‘(V) 
STATELESS
PERSONS.— 
Clause (i) shall not apply to a noncit-
izen who demonstrates that he or she 
is a stateless person (as defined in 
section 245B(a)).’’. 
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128 
SEC. 1312. PREVENTION OF STATELESSNESS. 
(a) BIRTHS TO UNITED STATES CITIZENS OVER-
SEAS.—Section 301 of the Immigration and Nationality 
Act (8 U.S.C. 1401) is amended— 
(1) in subsection (g), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in subsection (h), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(i) a person born to a citizen of the United States 
outside the United States or in an outlying possession of 
the United States, if such person is born as a stateless 
person (as defined in section 245B(a)).’’. 
(b) FOUNDLINGS.—Section 301 of the Immigration 
and Nationality Act (8 U.S.C. 1401) is further amended 
by striking subsection (f) and inserting the following: 
‘‘(f) a person of unknown parentage found in the 
United States while under the age of 18 years, until 
shown, prior to the person attaining the age of 21 years, 
not to have been born in the United States;’’. 
(c) STATELESS SAFEGUARDS FOR DERIVATIVE CITI-
ZENSHIP AND INTERNATIONAL ADOPTIONS.— 
(1) STATELESS SAFEGUARDS.—Section 320 of 
the Immigration and Nationality Act (8 U.S.C. 
1431) is amended by adding at the end the fol-
lowing: 
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129 
‘‘(e)(1) Notwithstanding any other provision of law, 
a person born outside the United States or in an outlying 
possession who is or becomes a stateless person (as defined 
in section 245B(a)) automatically becomes a citizen of the 
United States on the date on which one of the following 
conditions has been fulfilled: 
‘‘(A) One parent is or was a citizen of the 
United States. 
‘‘(B) The person was adopted by— 
‘‘(i) a citizen of the United States; or 
‘‘(ii) an individual who became a citizen of 
the United States after the date of such adop-
tion. 
‘‘(2) This subsection applies to any person who meets 
the criteria under paragraph (1) at any time.’’. 
(2) AGE.—Section 320(a) of the Immigration 
and Nationality Act (8 U.S.C. 1431(a)) is amended 
by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) The child is under the age of 21 years.’’. 
(3) ENTRY AND CUSTODY.—Section 320(a) of 
the Immigration and Nationality Act (8 U.S.C. 
1431(a)) is further amended by striking paragraph 
(3) and inserting the following: 
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130 
‘‘(3) The child is residing in the United States, 
and provided such child is under the legal age of 
adulthood in the State in which the parent of the 
child or the child resides, is in the legal and physical 
custody of the citizen parent.’’. 
(d) PROGRAMS TO PREVENT STATELESSNESS.—The 
Secretary of Homeland Security and Secretary of State 
shall jointly establish and carry out initiatives to prevent 
statelessness from occurring, which may include— 
(1) an assessment of United States citizenship 
law to determine and amend any provision of law 
that results in statelessness or a delayed acquisition 
of nationality that increases the risk of statelessness; 
(2) studies on the profiles and number of state-
less people living in the United States; 
(3) programs to promote inclusive and non-
discriminatory nationality laws and practices in 
other countries, with particular attention to the pre-
vention of atrocity crimes; 
(4) programs to encourage other countries to 
establish stateless status determination and protec-
tion legislation; and 
(5) grants to universities and nongovernmental 
organizations to accelerate research, education, cur-
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131 
ricula, and knowledge on nationality law and prac-
tice and statelessness. 
CHAPTER 2—OTHER INDIVIDUALS 
SEC. 1321. PROTECTING VICTIMS OF TERRORISM FROM 
BEING DEFINED AS TERRORISTS. 
(a) SECURITY
AND RELATED GROUNDS.—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.—Any alien who— 
‘‘(I) has engaged in a terrorist 
activity; 
‘‘(II) a consular officer, the At-
torney General, or the Secretary of 
Homeland Security knows, or has rea-
sonable grounds to believe, is engaged 
in or is likely to engage after entry in 
any terrorist activity (as defined in 
clause (ii)); 
‘‘(III) has, under circumstances 
indicating an intention to cause death 
or serious bodily harm, incited ter-
rorist activity; 
‘‘(IV) is a representative (as de-
fined in clause (v)) of— 
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132 
‘‘(aa) a terrorist organiza-
tion described in subclause (I) or 
(II) of clause (vi)); and 
‘‘(bb) a political, social, or 
other group that endorses or es-
pouses terrorist activity; 
‘‘(V) is a member of a terrorist 
organization described in subclause (I) 
or (II) of clause (vi); 
‘‘(VI) endorses or espouses ter-
rorist activity or persuades others to 
endorse or espouse terrorist activity or 
to support a terrorist organization de-
scribed in subclause (I) or (II) of 
clause (vi); or 
‘‘(VII) has received military-type 
training (as defined in section 2339D 
(c)(1) of title 18, United States Code) 
from or on behalf of any organization 
that, at the time the training was re-
ceived, was a terrorist organization 
described in subclause (I) or (II) of 
clause (vi)), or was a terrorist organi-
zation described in subclause (III) of 
such clause and there are reasonable 
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133 
grounds for regarding the alien as a 
danger to the security of the United 
States, 
is inadmissible. An alien who is an officer, 
official, representative, or spokesman of 
the Palestine Liberation Organization is 
considered, for purposes of this Act, to be 
engaged in a terrorist activity. 
‘‘(ii) 
TERRORIST
ACTIVITY
DE-
FINED.—In this Act, the term ‘terrorist 
activity’ means any activity that is unlaw-
ful under the laws of the place in which it 
is committed (or which, if it had been com-
mitted in the United States, would be un-
lawful under the laws of the United States 
or any State) and that involves any of the 
following: 
‘‘(I) The highjacking or sabotage 
of any conveyance (including an air-
craft, vessel, or vehicle). 
‘‘(II) The seizing or detaining, 
and threatening to kill, injure, or con-
tinue to detain, another individual in 
order to compel a third person (in-
cluding a governmental organization) 
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134 
to carry out or abstain from carrying 
out any act as an explicit or implicit 
condition for the release of the indi-
vidual seized or detained. 
‘‘(III) A violent attack upon an 
internationally protected person (as 
defined in section 1116(b)(4) of title 
18, United States Code) or upon the 
liberty of such person. 
‘‘(IV) An assassination. 
‘‘(V) The use, with the intent to 
endanger the safety of 1 or more indi-
viduals or to cause substantial dam-
age to property, of any— 
‘‘(aa) biological agent, chem-
ical agent, or nuclear weapon or 
device; or 
‘‘(bb) explosive, firearm, or 
other weapon or dangerous device 
(other than for mere personal 
monetary gain), with intent to 
endanger, directly or indirectly, 
the safety of one or more individ-
uals or to cause substantial dam-
age to property. 
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135 
‘‘(VI) A threat, attempt, or con-
spiracy to do any of the foregoing. 
‘‘(iii) ENGAGE IN TERRORIST ACTIV-
ITY DEFINED.—In this Act, the term ‘en-
gage in terrorist activity’ means, in an in-
dividual capacity or as a member of an or-
ganization— 
‘‘(I) to commit or to incite to 
commit, under circumstances indi-
cating an intention to cause death or 
serious bodily injury, a terrorist activ-
ity; 
‘‘(II) to prepare or plan a ter-
rorist activity; 
‘‘(III) to gather information on 
potential targets for terrorist activity; 
‘‘(IV) to solicit funds or other 
things of value for— 
‘‘(aa) a terrorist activity; or 
‘‘(bb) a terrorist organiza-
tion described in subclause (I) or 
(II) of clause (vi)(II); 
‘‘(V) to solicit any individual— 
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136 
‘‘(aa) to engage in conduct 
otherwise described in this sub-
section; or 
‘‘(bb) for membership in a 
terrorist organization described 
in subclause (I) or (II) of clause 
(vi); or 
‘‘(VI) to commit an act that the 
actor knows, or reasonably should 
know, affords material support, in-
cluding a safe house, transportation, 
communications, funds, transfer of 
funds or other material financial ben-
efit, false documentation or identifica-
tion, weapons (including chemical, bi-
ological, or radiological weapons), ex-
plosives, or training— 
‘‘(aa) for the commission of 
a terrorist activity; 
‘‘(bb) to any individual who 
the actor knows, or reasonably 
should know, has committed or 
plans to commit a terrorist activ-
ity; or 
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137 
‘‘(cc) to a terrorist organiza-
tion described in subclause (I) or 
(II) of clause (vi) or to any mem-
ber of such an organization. 
‘‘(iv) MATERIAL
SUPPORT.—In this 
Act, the term ‘material support’ means 
support that is significant and of a kind 
directly relevant to terrorist activity. 
‘‘(v) REPRESENTATIVE DEFINED.—In 
this paragraph, the term ‘representative’ 
includes an officer, official, or spokesman 
of an organization, and any person who di-
rects, counsels, commands, or induces an 
organization or its members to engage in 
terrorist activity. 
‘‘(vi) TERRORIST ORGANIZATION DE-
FINED.—In this section, the term ‘terrorist 
organization’ means an organization— 
‘‘(I) designated under section 
219; or 
‘‘(II) otherwise designated, upon 
publication in the Federal Register, by 
the Secretary of State in consultation 
with or upon the request of the Attor-
ney General or the Secretary of 
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139 
‘‘(ii) APPLICABILITY.—Clause (i) shall 
not apply to an alien who establishes that 
the actions giving rise to deportability 
under such clause 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.’’. 
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140 
SEC. 1322. PROTECTION FOR ALIENS INTERDICTED AT SEA. 
(a) IN GENERAL.—Section 241(b)(3) of the Immi-
gration and Nationality Act (8 U.S.C. 1231(b)(3)), as 
amended by section 1105, 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 
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 been 
granted a confidential interview by an 
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141 
asylum officer, in a language the alien 
claims to understand, to determine 
whether that alien has a well-founded 
fear of persecution because of the 
alien’s 
race, 
religion, 
nationality, 
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), (C), 
and (D) as subparagraphs (C), (D), and (E), respec-
tively; and 
(4) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) PROTECTIONS
FOR
ALIENS
INTER-
DICTED IN INTERNATIONAL OR UNITED STATES 
WATERS.—The Secretary of Homeland Security 
shall issue regulations establishing a uniform 
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142 
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 interview 
and in a language the alien claims to 
understand, information concerning 
the alien’s interdiction, including the 
ability of the alien to inform United 
States officers about any fears relat-
ing to the alien’s return or repatri-
ation; 
‘‘(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 
alien’s return to his or her country of de-
parture, origin, or last habitual residence 
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143 
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 
who would be subject to torture, an oppor-
tunity to seek protection in— 
‘‘(I) a country other than the 
alien’s country of departure, origin, or 
last habitual residence in which the 
alien has family or other ties that will 
facilitate resettlement; or 
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144 
‘‘(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.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 240A(c)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(c)(5)) is amended 
by striking ‘‘section 241(b)(3)(B)(i)’’ and inserting 
‘‘section 241(b)(3)(C)(i)’’. 
(2) Section 242(b)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1252(b)(4)) is amended, 
in the undesignated matter following subparagraph 
(D), by striking ‘‘241(b)(3)(C)’’ and inserting 
‘‘241(b)(3)(D)’’. 
SEC. 1323. ENHANCED PROTECTION FOR INDIVIDUALS 
SEEKING U VISAS, T VISAS, AND PROTECTION 
UNDER VAWA. 
(a) EMPLOYMENT AUTHORIZATION FOR T VISA AP-
PLICANTS.—Section 214(o) (8 U.S.C. 1184(o)) is amend-
ed 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 a petition for non-
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145 
immigrant status under section 101(a)(15)(T) on the date 
that is the earlier of— 
‘‘(A) the date on which the alien’s petition for 
such status is approved; or 
‘‘(B) a date determined by the Secretary that 
is not later than 180 days after the date on which 
such alien filed such petition.’’. 
(b) INCREASED ACCESSIBILITY AND EMPLOYMENT 
AUTHORIZATION
FOR
U VISA
APPLICANTS.—Section 
214(p) of the Immigration and Nationality Act (8 U.S.C. 
1184(p)) is amended— 
(1) in paragraph (2)(A), by striking ‘‘10,000’’ 
and inserting ‘‘20,000’’; 
(2) in paragraph (6), by striking the last sen-
tence; and 
(3) by adding at the end the following: 
‘‘(8) EMPLOYMENT AUTHORIZATION.—Notwith-
standing any provision of this Act granting eligibility 
for employment in the United States, the Secretary 
of Homeland Security shall grant employment au-
thorization to an alien who has filed an application 
for 
nonimmigrant 
status 
under 
section 
101(a)(15)(U) on the date that is the earlier of— 
‘‘(A) the date on which the alien’s applica-
tion for such status is approved; or 
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146 
‘‘(B) a date determined by the Secretary 
that is not later than 180 days after the date 
on which such alien filed such application.’’. 
(c) PROHIBITION ON REMOVAL OF CERTAIN VICTIMS 
WITH PENDING PETITIONS AND APPLICATIONS.— 
(1) IN GENERAL.—Section 240 of the Immigra-
tion and Nationality Act (8 U.S.C. 1229a) is amend-
ed— 
(A) by redesignating subsection (e) as sub-
section (f); and 
(B) by inserting after subsection (d) the 
following: 
‘‘(e) PROHIBITION ON REMOVAL OF CERTAIN VIC-
TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 
‘‘(1) IN GENERAL.—An alien described in para-
graph (2) shall not be removed from the United 
States under this section or any other provision of 
law until there is a final denial of the alien’s applica-
tion for status after the exhaustion of administrative 
and judicial review. 
‘‘(2) ALIENS DESCRIBED.—An alien described 
in this paragraph is an alien who— 
‘‘(A) has a pending application or petition 
under— 
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‘‘(i) subparagraph (T) or (U) of sec-
tion 101(a)(15); 
‘‘(ii) section 106; 
‘‘(iii) section 240A(b)(2); or 
‘‘(iv) section 244(a)(3) (as in effect on 
March 31, 1997); or 
‘‘(B) is a VAWA self-petitioner, as defined 
in section 101(a)(51), and has a pending appli-
cation for relief under a provision referred to in 
any of subparagraphs (A) through (G) of such 
section.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
240(b)(7) of the Immigration and Nationality Act (8 
U.S.C. 1229a(b)(7)) is amended by striking ‘‘sub-
section (e)(1)’’ and inserting ‘‘subsection (f)’’. 
(d) PROHIBITION ON DETENTION OF CERTAIN VIC-
TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 
Section 236 of the Immigration and Nationality Act (8 
U.S.C. 1226) is amended by adding at the end the fol-
lowing: 
‘‘(f) PROHIBITION ON DETENTION OF CERTAIN VIC-
TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 
‘‘(1) PRESUMPTION OF RELEASE.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of this Act, there shall be a pre-
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148 
sumption that an alien described in paragraph 
(2) should be released from detention. 
‘‘(B) 
REBUTTAL.—The 
Secretary 
of 
Homeland Security may rebut the presumption 
of release based on clear and convincing evi-
dence, including credible and individualized in-
formation, that— 
‘‘(i) the use of alternatives to deten-
tion will not reasonably ensure the appear-
ance of the alien at removal proceedings; 
or 
‘‘(ii) the alien is a threat to another 
person or the community. 
‘‘(C) PENDING
CRIMINAL
CHARGE.—A 
pending criminal charge against an alien may 
not be the sole factor to justify the continued 
detention of the alien. 
‘‘(2) ALIEN DESCRIBED.—An alien described in 
this paragraph is an alien who— 
‘‘(A) has a pending application under— 
‘‘(i) subparagraph (T) or (U) of sec-
tion 101(a)(15); 
‘‘(ii) section 106; 
‘‘(iii) section 240A(b)(2); or 
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149 
‘‘(iv) section 244(a)(3) (as in effect on 
March 31, 1997); or 
‘‘(B) is a VAWA self-petitioner, as defined 
in section 101(a)(51), and has a pending peti-
tion for relief under a provision referred to in 
any of subparagraphs (A) through (G) of such 
section.’’. 
Subtitle D—Protections Relating to 
Removal, Detention, and Pros-
ecution 
SEC. 1401. PREVENTION OF ERRONEOUS IN ABSENTIA OR-
DERS OF REMOVAL. 
(a) WRITTEN RECORD OF ADDRESS.—Section 239(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1229(a)) is amended— 
(1) in paragraph (1)(F), by inserting ‘‘the Sec-
retary of Homeland Security or’’ before ‘‘the Attor-
ney General’’ each place such term appears; and 
(2) in paragraph (2)(A) by striking ‘‘the alien 
or to the alien’s counsel of record’’ and inserting 
‘‘the alien and to the alien’s counsel of record.’’. 
(b) REMOVAL IN ABSENTIA AND RESCISSION OF RE-
MOVAL ORDERS.—Section 240(b) of the Immigration and 
Nationality Act (8 U.S.C. 1229a(b)), as amended by sec-
tion 1203, is further amended— 
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(1) in paragraph (5)— 
(A) by amending subparagraph (A) to read 
as follows: 
‘‘(A) REMOVAL IN ABSENTIA.— 
‘‘(i) IN
GENERAL.—Any alien who, 
after a proceeding under this section is re-
scheduled by an immigration judge due to 
the alien’s failure to attend such pro-
ceeding, and written notice required under 
paragraph (1) or (2) of section 239(a) has 
been provided to the alien and the alien’s 
counsel of record, does not attend a pro-
ceeding under this section, may be ordered 
removed in absentia if the Department of 
Homeland Security establishes by clear, 
unequivocal, 
and 
convincing 
evidence 
that— 
‘‘(I) sufficient written notice was 
so provided; 
‘‘(II) the alien is removable; and 
‘‘(III) in the case of an alien re-
quired to periodically report to the 
Department of Homeland Security, 
the alien has demonstrated a pattern 
of failing to report. 
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151 
‘‘(ii) SUFFICIENT NOTICE.—The writ-
ten notice by the Secretary of Homeland 
Security or the Attorney General shall be 
considered sufficient for purposes of this 
subparagraph if— 
‘‘(I) the notice includes— 
‘‘(aa) the accurate date, 
time, and court location at which 
the alien is required to appear; 
and 
‘‘(bb) the date on which the 
notice was issued; 
‘‘(II) the notice is provided at the 
most recent complete physical address 
provided under section 239(a); and 
‘‘(III) the certificate of service 
for the notice indicates that oral no-
tice and a recitation of the con-
sequences of failure to appear were 
provided— 
‘‘(aa) in the native language 
of the alien; or 
‘‘(bb) in a language the 
alien understands.’’; and 
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152 
(B) by amending paragraph (C) to read as 
follows: 
‘‘(C) RESCISSION OF ORDER.— 
‘‘(i) IN
GENERAL.—Such an order 
may be rescinded only— 
‘‘(I) upon a motion to reopen 
filed at any time after the date of the 
order of removal if the alien dem-
onstrates that the failure to appear 
was 
because 
of 
exceptional 
cir-
cumstances; 
‘‘(II) upon a motion to reopen 
filed at any time if the alien dem-
onstrates that the alien did not receive 
notice in accordance with paragraph 
(1) or (2) of section 239(a) or the 
alien demonstrates that the alien was 
in Federal or State custody and the 
failure to appear was through no fault 
of the alien; 
‘‘(III) in the case of an alien who 
is a minor child, upon a motion to re-
open filed at any time; or 
‘‘(IV) upon a motion to reopen 
filed at any time if the alien has a 
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153 
pending application for asylum, with-
holding of removal, or protection 
under the Convention against Torture 
and Other Cruel, Inhuman or Degrad-
ing Treatment or Punishment, done 
at New York December 10, 1984, or 
demonstrates that he or she has a 
credible claim to any such protection. 
‘‘(ii) STAY OF REMOVAL.—The filing 
of the motion to reopen described in clause 
(i) shall stay the removal of the alien pend-
ing disposition of the motion by the immi-
gration judge.’’; and 
(2) by adding at the end the following: 
‘‘(9) CHECK-IN HISTORY.—Before an immigra-
tion judge conducts a proceeding under this section, 
the Secretary of Homeland Security shall report to 
the immigration judge the extent to which the alien 
has complied with any requirement to report periodi-
cally the whereabouts of the alien to the Secretary 
of Homeland Security.’’. 
SEC. 1402. SCOPE AND STANDARD FOR REVIEW OF RE-
MOVAL ORDERS. 
Section 242(b) of the Immigration and Nationality 
Act (8 U.S.C. 1252(b)) is amended— 
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154 
(1) in paragraph (1)— 
(A) by striking ‘‘The petition’’ and insert-
ing the following: 
‘‘(A) IN GENERAL.—The petition’’; and 
(B) by adding at the end the following: 
‘‘(B) PROHIBITION
ON
REMOVAL.—An 
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 expi-
ration of such period.’’; and 
(2) by striking paragraph (4) and inserting the 
following: 
‘‘(4) SCOPE AND STANDARD FOR REVIEW.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (5)(B), the court of appeals shall 
sustain a final decision ordering removal unless 
it is contrary to law, an abuse of discretion, or 
not supported by substantial evidence. 
‘‘(B) DECISION
BASED
ON
ADMINISTRA-
TIVE RECORD.—The court of appeals shall de-
cide the petition based solely on the administra-
tive record on which the order of removal is 
based. 
‘‘(C) AVAILABILITY OF REVIEW.— 
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155 
‘‘(i) IN GENERAL.—The court of ap-
peals shall maintain jurisdiction to review 
discretionary determinations arising in a 
claim for asylum. 
‘‘(ii) JURISDICTION OVER DENIALS.— 
Notwithstanding section 242(a)(2)(C), the 
court of appeals shall maintain jurisdiction 
to review all denials of requests for with-
holding of removal under section 241(b)(3) 
or protection under the Convention against 
Torture and Other Cruel, Inhuman or De-
grading Treatment or Punishment, done at 
New York December 10, 1984.’’. 
SEC. 1403. PRESUMPTION OF LIBERTY FOR ASYLUM SEEK-
ERS. 
(a) CUSTODY DETERMINATION.— 
(1) INITIAL DETERMINATION.— 
(A) IN
GENERAL.—With respect to an 
alien who has expressed fear of returning to his 
or her home country or an intent to apply for 
asylum in the United States, the Secretary shall 
make an initial written custody determination 
with respect to the alien and provide the deter-
mination to the alien not later than 48 hours 
after, as applicable— 
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156 
(i) the Secretary takes the alien into 
custody; or 
(ii) in the case of an alien already in 
the custody of the Secretary, the alien ex-
presses such fear or intent. 
(B) LEAST RESTRICTIVE CONDITIONS.—A 
custody determination under this paragraph 
shall impose the least restrictive conditions if 
the Secretary determines that the release of an 
alien— 
(i) will not reasonably ensure the ap-
pearance of the alien as required; or 
(ii) will endanger the safety of any 
other person or the community. 
(C) APPLICABILITY.—This paragraph shall 
not apply to unaccompanied alien children (as 
defined in section 462(g) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 279g)). 
(2) PRESUMPTION OF RELEASE.— 
(A) IN GENERAL.—In a hearing under this 
subsection, there shall be a presumption that 
the alien should be released. 
(B) REBUTTAL.—The Secretary may rebut 
the presumption of release based on clear and 
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157 
convincing evidence, including credible and indi-
vidualized information, that— 
(i) the use of alternatives to detention, 
including release on recognizance or on a 
reasonable bond, will not reasonably ensure 
the appearance of the alien at removal pro-
ceedings; or 
(ii) the alien is a threat to another 
person or the community. 
(C) 
PENDING
CRIMINAL
CHARGE.—A 
pending criminal charge against an alien may 
not be the sole factor to justify the continued 
detention of the alien. 
(D) EVIDENCE OF IDENTITY.—The inabil-
ity of an alien to reasonably provide govern-
ment-issued evidence of identity, including the 
inability of the alien to contact the government 
of the country of nationality of the alien so as 
not to alert such government of the where-
abouts of the alien, may not be the sole factor 
to justify the continued detention of the alien. 
(E) PRE-EXISTING
COMMUNITY
TIES.—A 
lack of pre-existing community ties in the 
United States shall not preclude the release of 
an alien. 
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158 
(b) LEAST RESTRICTIVE CONDITIONS REQUIRED.— 
(1) IN GENERAL.—If the Secretary or an immi-
gration judge determines, pursuant to a hearing 
under this section, that the release of an alien will 
not reasonably ensure the appearance of the alien as 
required or will endanger the safety of any other 
person or the community, the Secretary or the immi-
gration judge shall order the least restrictive condi-
tions or combination of conditions that the Secretary 
or judge determines will reasonably ensure the ap-
pearance of the alien and the safety of any other 
person and the community, which may include— 
(A) release on recognizance; 
(B) secured or unsecured release on bond; 
or 
(C) participation in a program described in 
subsection (d). 
(2) MONTHLY
REVIEW.—Any condition as-
signed to an alien under paragraph (1) shall be re-
viewed by an immigration judge on a monthly basis. 
(c) SPECIAL RULE FOR VULNERABLE PERSONS AND 
PRIMARY CAREGIVERS.— 
(1) IN GENERAL.—In the case that the alien 
who is the subject of a custody determination under 
this section is a vulnerable person or a primary care-
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159 
giver, the alien may not be detained unless the Sec-
retary demonstrates, in addition to the requirements 
under subsection (a)(2), that it is unreasonable or 
not practicable to place the individual in a commu-
nity-based supervision program. 
(2) DEFINITIONS.—In this subsection: 
(A) MATERIAL WITNESS.—The term ‘‘ma-
terial witness’’ means an individual who pre-
sents a declaration to an attorney investigating, 
prosecuting, or defending the workplace claim 
or from the presiding officer overseeing the 
workplace claim attesting that, to the best of 
the declarant’s knowledge and belief, reasonable 
cause exists to believe that the testimony of the 
individual will be relevant to the outcome of the 
workplace claim. 
(B) PRIMARY CAREGIVER.—The term ‘‘pri-
mary caregiver’’ means a person who is estab-
lished to be a caregiver, parent, or close relative 
caring for or traveling with a child. 
(C) VULNERABLE
PERSON.—The term 
‘‘vulnerable person’’ means an individual who— 
(i) is under 21 years of age or over 60 
years of age; 
(ii) is pregnant; 
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160 
(iii) identifies as lesbian, gay, bisex-
ual, transgender, or intersex; 
(iv) is a victim or witness of a crime; 
(v) has filed a nonfrivolous civil rights 
claim in Federal or State court; 
(vi) has filed, or is a material witness 
to, a bonafide workplace claim; 
(vii) has a serious mental or physical 
illness or disability; 
(viii) has been determined by an asy-
lum officer in an interview conducted 
under section 235(b)(1)(B) of the Immi-
gration and Nationality Act (8 U.S.C. 
1225(b)(1)(B)) to have a credible fear of 
persecution or torture; 
(ix) has limited English language pro-
ficiency and is not provided access to ap-
propriate and meaningful language services 
in a timely fashion; or 
(x) has been determined by an immi-
gration judge or the Secretary of Home-
land Security to be experiencing severe 
trauma or to be a survivor of torture or 
gender-based violence, based on informa-
tion obtained during intake, from the 
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161 
alien’s attorney or legal service provider, or 
through credible self-reporting. 
(D) 
WORKPLACE
CLAIM.—The 
term 
‘‘workplace claim’’ means any written or oral 
claim, charge, complaint, or grievance filed 
with, communicated to, or submitted to the em-
ployer, a Federal, State, or local agency or 
court, or an employee representative related to 
the violation of applicable Federal, State, and 
local labor laws, including laws concerning 
wages and hours, labor relations, family and 
medical leave, occupational health and safety, 
civil rights, or nondiscrimination. 
(d) ALTERNATIVES TO DETENTION.— 
(1) IN GENERAL.—The Secretary shall establish 
programs that provide alternatives to detaining 
aliens, which shall offer a continuum of supervision 
mechanisms and options, including community-based 
supervision programs and community support. 
(2) CONTRACTS WITH NONGOVERNMENTAL OR-
GANIZATIONS.—The Secretary shall contract with 
nongovernmental community-based organizations to 
provide services for programs under paragraph (1), 
including case management services, appearance as-
sistance services, and screenings of detained aliens. 
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162 
(3) 
INDIVIDUALIZED
DETERMINATION
RE-
QUIRED.— 
(A) IN GENERAL.—In determining whether 
to order an alien to participate in a program 
under this subsection, the Secretary or an im-
migration judge, as applicable, shall make an 
individualized determination with respect to the 
appropriate level of supervision for the alien. 
(B) LIMITATION.—Participation in a pro-
gram under this subsection may not be ordered 
for an alien for whom it is determined that re-
lease on reasonable bond or recognizance— 
(i) will reasonably ensure the appear-
ance of the alien as required; and 
(ii) will not pose a threat to any other 
person or the community. 
(e) REGULAR REVIEW
OF CUSTODY DETERMINA-
TIONS AND CONDITIONS OF RELEASE.— 
(1) TIMING.—In the case of an alien who seeks 
to challenge the initial custody determination under 
subsection (a)(1), not later than 72 hours after the 
initial custody determination, the alien shall be pro-
vided with the opportunity for a hearing before an 
immigration judge to determine whether the alien 
should be detained. 
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163 
(2) SUBSEQUENT DETERMINATIONS.—An alien 
who is detained under this section shall be provided 
with a de novo custody determination hearing under 
this subsection— 
(A) every 60 days; and 
(B) on a showing of— 
(i) changed circumstances; or 
(ii) good cause for such a hearing. 
SEC. 1404. PROCEDURES FOR ENSURING ACCURACY AND 
VERIFIABILITY 
OF 
SWORN 
STATEMENTS 
TAKEN PURSUANT TO EXPEDITED REMOVAL 
AUTHORITY. 
(a) IN GENERAL.—The Secretary shall establish 
quality assurance procedures to ensure the accuracy and 
verifiability of signed or sworn statements taken by em-
ployees of the Department 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 
(8 
U.S.C. 
1225(b)(1)(A)) shall be accompanied by a recording 
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164 
of the interview that 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.— 
(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 a designee of 
the Secretary, may exempt any detention facility if 
compliance with subsection (b) at that facility would 
impair operations or impose undue burdens or costs. 
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165 
(3) REPORT.—The Secretary shall annually 
submit to Congress a report 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. 
SEC. 1405. INSPECTIONS BY IMMIGRATION OFFICERS. 
Section 235(a)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1225(a)(3)) is amended— 
(1) by striking ‘‘All aliens’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—All aliens;’’; and 
(2) by adding at the end the following: 
‘‘(B) An immigration officer shall accept 
for inspection, and may not turn back, expel, 
instruct to return at a later time, refuse to in-
spect, or otherwise reject in any manner what-
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166 
soever, an applicant for admission who indi-
cates— 
‘‘(i) an intent to apply for asylum 
under section 208; or 
‘‘(ii) a fear of persecution. 
‘‘(C) SPECIAL RULE FOR ASYLUM SEEK-
ERS.—A noncitizen may not be returned to a 
contiguous country if the noncitizen indicates 
an intent to apply for asylum or a fear of perse-
cution.’’. 
SEC. 1406. STUDY ON EFFECT ON ASYLUM CLAIMS OF EXPE-
DITED REMOVAL PROVISIONS, PRACTICES, 
AND PROCEDURES. 
(a) STUDY.— 
(1) IN GENERAL.—The Commission shall con-
duct a study to determine whether immigration offi-
cers are engaging in conduct described in paragraph 
(2). 
(2) CONDUCT
DESCRIBED.—The conduct de-
scribed in this paragraph is the following: 
(A) Improperly encouraging an alien to 
withdraw or retract an asylum claim. 
(B) Incorrectly failing to refer an alien for 
an interview by an asylum officer to determine 
whether the alien has a credible fear of persecu-
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167 
tion, including failing to record the expression 
of an alien of fear of persecution or torture. 
(C) Incorrectly removing an alien to a 
country in which the alien may be persecuted. 
(D) Detaining an alien improperly or 
under inappropriate conditions. 
(E) Improperly separating a family unit 
after a member of the family unit has expressed 
a credible fear of persecution. 
(F) Improperly referring an alien for proc-
essing under an enforcement or deterrence pro-
gram, such as the consequence delivery system. 
(b) REPORT.—Not later than 2 years after the date 
on which the Commission initiates the study under sub-
section (a), the Commission shall submit to the appro-
priate committees of Congress a report describing the re-
sults of the study. 
(c) STAFFING.— 
(1) AGENCY EMPLOYEES.— 
(A) IDENTIFICATION.—The Commission 
may identify employees of the Department of 
Homeland Security, the Department of Justice, 
and the Government Accountability Office who 
have significant expertise and knowledge of ref-
ugee and asylum issues. 
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168 
(B) DESIGNATION.—At the request of the 
Commission, the Secretary, the Attorney Gen-
eral, and the Comptroller General of the United 
States shall authorize the employees identified 
under subparagraph (A) to assist the Commis-
sion 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 
under paragraph (1)(B) or hired under para-
graph (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 
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169 
(ii) the Secretary or Attorney General 
determines that the security of a particular 
proceeding would be threatened by such 
access. 
(d) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Homeland Security 
and Governmental Affairs, the Committee on 
the Judiciary, and the Committee on Foreign 
Relations of the Senate; and 
(B) the Committee on Homeland Security, 
the Committee on the Judiciary, and the Com-
mittee on Foreign Affairs of the House of Rep-
resentatives. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the United States Commission on Inter-
national Religious Freedom. 
(3) CREDIBLE
FEAR
OF
PERSECUTION.—The 
term ‘‘credible fear of persecution’’ has the meaning 
given the term in section 235(b)(1)(B)(v) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1225(b)(1)(B)(v)). 
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170 
(4) IMMIGRATION OFFICER.—The term ‘‘immi-
gration officer’’ means an immigration officer per-
forming duties under section 235(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1225(b)) with re-
spect to aliens who— 
(A) are apprehended after entering the 
United States; 
(B) may be eligible to apply for asylum 
under section 208 of that Act (8 U.S.C. 1158); 
or 
(C) may have a credible fear of persecu-
tion. 
SEC. 1407. ALIGNMENT WITH REFUGEE CONVENTION OBLI-
GATIONS BY PROHIBITING CRIMINAL PROS-
ECUTION OF REFUGEES. 
(a) IN GENERAL.—An alien who has expressed a 
credible or reasonable fear of persecution, filed an applica-
tion for asylum, withholding of removal, or protection 
under the Convention against Torture and Other Cruel, 
Inhuman or Degrading Treatment or Punishment, done 
at New York December 10, 1984, or expressed an intent 
to file such an application, may not be prosecuted under 
section 275(a) or 276(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1325(a), 1326(a)) until the earlier 
of— 
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171 
(1) the date on which any such application has 
been finally adjudicated and denied, including any 
appeals of such denial; or 
(2) in the case of an alien who expresses an in-
tent to file such an application, the date on which 
any applicable time limitation for the filing of such 
an application under section 208 of such Act has 
ended with an application being filed. 
(b) AFFIRMATIVE DEFENSE.—If an alien is pros-
ecuted under section 275(a) or 276(a) of the Immigration 
and Nationality Act (8 U.S.C. 1325(a) and 1326(a)) in 
violation of subsection (a), it shall be a defense that the 
alien has expressed a credible or reasonable fear of perse-
cution, has filed an application for asylum or another form 
of protection, and such application has not been finally 
adjudicated and denied, including any appeals of such de-
nial. 
(c) TREATY OBLIGATIONS.—In accordance with the 
treaty obligations of the United States under Article 31 
of the Convention Relating to the Status of Refugees, done 
at Geneva July 28, 1951 (as made applicable by the Pro-
tocol Relating to the Status of Refugees, done at New 
York January 31, 1967 (19 UST 6223)), an alien who 
has been granted asylum or withholding of removal under 
the Immigration and Nationality Act (8 U.S.C. 1101 et 
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172 
seq.) may not be prosecuted under section 275(a) or 
276(a) of that Act (8 U.S.C. 1325(a) and 1326(a)). 
Subtitle E—Refugee Resettlement 
SEC. 1501. SENSE OF CONGRESS ON COORDINATION OF 
REFUGEE PROGRAM AGENCIES. 
It is the sense of the Congress that— 
(1) the President should appoint a White House 
Coordinator on Refugee Protection and grant such 
official the authority and staff necessary to coordi-
nate, prioritize, and lead efforts to address refugee 
protection issues that involve multiple agencies, in-
cluding the refugee admissions program, and to re-
solve interagency differences in a timely, efficient, 
and effective manner; and 
(2) such position should be at a senior level and 
require as a condition for appointment a significant 
level of prior experience in the refugee protection 
field. 
CHAPTER 1—REFUGEE ADMISSIONS 
SEC. 1511. NUMERICAL GOALS FOR ANNUAL REFUGEE AD-
MISSIONS. 
Section 207 of the Immigration and Nationality Act 
(8 U.S.C. 1157) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1); 
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173 
(B) by redesignating paragraphs (2) and 
(4) as paragraphs (1) and (6), respectively; 
(C) in paragraph (1), as so redesignated— 
(i) by inserting (A) before ‘‘Except as 
provided’’; 
(ii) by striking ‘‘after fiscal year 
1982’’; 
(iii) by striking ‘‘is justified’’ and all 
that follows through ‘‘interest.’’ and insert-
ing the following: 
‘‘(i) justified by humanitarian con-
cerns or otherwise in the national interest; 
and 
‘‘(ii) not fewer than 125,000.’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(B) If the President does not issue a de-
termination under this paragraph before the be-
ginning of a fiscal year, the number of refugees 
who may be admitted under this section shall 
be 125,000. 
‘‘(2) Each officer of the Federal Government 
responsible for refugee admissions or refugee reset-
tlement shall treat a determination under paragraph 
(1) and subsection (b) as the numerical goals for 
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175 
Representatives, may use for 1 or more regions 
in which the need for additional refugee admis-
sions arises.’’; 
(E) in paragraph (6), as so redesignated, 
by striking ‘‘(beginning with fiscal year 1992)’’; 
and 
(F) by adding at the end the following: 
‘‘(7) All officers of the Federal Government re-
sponsible for refugee admissions or refugee resettle-
ment shall treat the determinations made under this 
subsection and subsection (b) as the refugee admis-
sions goal for the applicable fiscal year.’’; and 
(2) by adding at the end the following: 
‘‘(g) QUARTERLY REPORTS ON ADMISSIONS.—Not 
later than 15 days after the last day of each quarter, the 
President shall submit to the Committee on the Judiciary 
of the Senate and the Committee on the Judiciary of the 
House of Representatives a report that includes the fol-
lowing: 
‘‘(1) REFUGEES ADMITTED.— 
‘‘(A) The number of refugees admitted to 
the United States during the preceding quarter. 
‘‘(B) The number of refugees admitted to 
the United States during the preceding quarter, 
expressed as a percentage of the number of ref-
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176 
ugees authorized to be admitted in accordance 
with the determinations under subsections (a) 
and (b) for the applicable fiscal year. 
‘‘(C) The cumulative number of refugees 
admitted to the United States during the appli-
cable fiscal year, as of the last day of the pre-
ceding quarter. 
‘‘(D) The number of refugees to be admit-
ted to the United States during the remainder 
of the applicable fiscal year so as to achieve the 
numerical goals set forth in the determinations 
under subsections (a) and (b) for such fiscal 
year. 
‘‘(E) The number of refugees from each 
region admitted to the United States during the 
preceding quarter, expressed as a percentage of 
the allocation for each region under subsection 
(a)(5) for the applicable fiscal year. 
‘‘(2) ALIENS WITH SECURITY ADVISORY OPIN-
IONS.— 
‘‘(A) The number of aliens, by nationality, 
for whom a Security Advisory Opinion has been 
requested who were security-cleared during the 
preceding quarter, expressed as a percentage of 
all cases successfully adjudicated by the Direc-
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177 
tor of U.S. Citizenship and Immigration Serv-
ices in the applicable fiscal year. 
‘‘(B) The number of aliens, by nationality, 
for whom a Security Advisory Opinion has been 
requested who were admitted to the United 
States during the preceding quarter. 
‘‘(3) CIRCUIT RIDES.— 
‘‘(A) For the preceding quarter— 
‘‘(i) the number of Refugee Corps of-
ficers deployed on circuit rides, expressed 
as a percentage of the overall number of 
Refugee Corps officers; 
‘‘(ii) the number of individuals inter-
viewed— 
‘‘(I) on each circuit ride; and 
‘‘(II) at each circuit ride location; 
‘‘(iii) the number of circuit rides; and 
‘‘(iv) for each circuit ride— 
‘‘(I) the duration of the circuit 
ride; 
‘‘(II) the average number of 
interviews conducted daily on the cir-
cuit ride; and 
‘‘(III) the percentages of inter-
views conducted for— 
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178 
‘‘(aa) individuals who re-
quire Security Advisory Opinions; 
and 
‘‘(bb) individuals who do not 
require Security Advisory Opin-
ions. 
‘‘(B) For the subsequent quarter— 
‘‘(i) the number of circuit rides sched-
uled; and 
‘‘(ii) the number of circuit rides 
planned. 
‘‘(4) PROCESSING.—For the preceding quar-
ter— 
‘‘(A) the average number of days be-
tween— 
‘‘(i) the date on which an individual is 
identified by the United States Govern-
ment as a refugee; and 
‘‘(ii) the date on which such individual 
is interviewed by the Secretary of Home-
land Security; 
‘‘(B) the average number of days be-
tween— 
‘‘(i) the date on which an individual 
identified by the United States Govern-
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179 
ment as a refugee is interviewed by the 
Secretary of Homeland Security; and 
‘‘(ii) the date on which such individual 
is admitted to the United States; and 
‘‘(C) with respect to individuals identified 
by the United States Government as refugees 
who have been interviewed by the Secretary of 
Homeland Security, the approval, denial, and 
hold rates for the applications for admission of 
such individuals, by nationality. 
‘‘(5) PLAN AND ADDITIONAL INFORMATION.— 
‘‘(A) A plan that describes the procedural 
or personnel changes necessary to ensure the 
admission of the number of refugees authorized 
to be admitted to the United States in accord-
ance with determinations under subsections (a) 
and (b), including a projection of the number of 
refugees to be admitted to the United States 
each month so as to achieve the numerical goals 
set forth in such determinations. 
‘‘(B) Additional information relating to the 
pace of refugee admissions, as determined by 
the President. 
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed— 
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180 
‘‘(1) to inhibit the expeditious processing of ref-
ugee and asylum applications; 
‘‘(2) to restrict the authority of the Secretary of 
Homeland Security to admit aliens to the United 
States under any other Act; or 
‘‘(3) to prevent the executive branch from in-
creasing the numerical goal of refugee admissions or 
regional allocations based on emerging or identified 
resettlement needs during and throughout the fiscal 
year.’’. 
SEC. 1512. REFORM OF REFUGEE ADMISSIONS CONSULTA-
TION PROCESS. 
Section 207(e) of the Immigration and Nationality 
Act (8 U.S.C. 1157(e)) is amended— 
(1) by redesignating paragraphs (1) through 
(7) as subparagraphs (A) through (G), respectively; 
(2) in the matter preceding subparagraph (A), 
as so redesignated— 
(A) by inserting ‘‘(1)’’ after ‘‘(e)’’; and 
(B) 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’’; 
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181 
(3) in the undesignated matter following sub-
paragraph (G), as so redesignated, by striking ‘‘To 
the extent possible,’’ and inserting the following: 
‘‘(2) To the extent possible’’; and 
(4) 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). 
‘‘(C) In fulfilling the requirements of this subsection, 
the President shall— 
‘‘(i) establish specific objectives or measure-
ments for the integration of refugees admitted to the 
United States; and 
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182 
‘‘(ii) submit an annual report to Congress on 
the integration of resettled refugees on the basis of 
such objectives or measurements.’’. 
SEC. 1513. UNITED STATES EMERGENCY REFUGEE RESET-
TLEMENT CONTINGENCY FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund, to be known as the 
‘‘Domestic Emergency Refugee Resettlement Contingency 
Fund’’ (referred to in this section as the ‘‘Fund’’), to be 
administered by the Assistant Secretary of the Office of 
Refugee Resettlement (referred to in this section as the 
‘‘Assistant Secretary’’) for the purpose described in sub-
section (b) and to remain available until expended. 
(b) PURPOSE.—Amounts from the Fund shall be 
used to enable the Assistant Secretary to operate pro-
grams and carry out efforts and initiatives to respond to 
urgent, unanticipated, or underfunded refugee and entrant 
assistance activities under— 
(1) the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.); 
(2) section 602(b) of the Afghan Allies Protec-
tion Act of 2009 (Public Law 111–8; 8 U.S.C. 1101 
note); 
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183 
(3) section 501 of the Refugee Education As-
sistance Act of 1980 (Public Law 96–422; 8 U.S.C. 
1522 note); 
(4) the Torture Victims Relief Act of 1998 
(Public Law 105–320; 22 U.S.C. 2152 note); 
(5) the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7101 et seq.); 
(6) section 1244 of the Refugee Crisis in Iraq 
Act of 2007 (Public Law 110–181; 8 U.S.C. 1157 
note); 
(7) section 235 of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act 
of 2008 (8 U.S.C. 1232); and 
(8) section 462 of the Homeland Security Act 
of 2002 (6 U.S.C. 279). 
(c) USE OF FUNDS.—Amounts from the Fund— 
(1) shall be subject to the same limitations set 
forth in title V of division H of the Consolidated Ap-
propriations Act, 2021 (Public Law 116–260; 134 
Stat. 1619) as are applicable to funds appropriated 
for the Department of Health and Human Services 
under such Act; and 
(2) may only be used for initiatives that— 
(A) replenish any previously appropriated 
funds that have been reprogrammed, trans-
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184 
ferred, or withheld from programs, projects, or 
activities that serve refugees and entrants 
under the authorities described in subsection 
(b); 
(B) stabilize existing programs, projects, 
and activities that serve such refugees and en-
trants by augmenting funds previously appro-
priated to serve such refugees and entrants; 
(C) identify unmet resettlement or integra-
tion needs of such refugees and entrants and 
implement solutions for such needs; and 
(D) meet such other needs as the Assistant 
Secretary considers appropriate, consistent with 
the purpose under subsection (b). 
(d) PROTECTION FROM REPROGRAMMING.—Notwith-
standing any other provision of law, none of the amounts 
deposited into or made available from the Fund may be 
transferred, reprogrammed, or otherwise made available 
for any purpose or use not specified in this section. 
(e) AVAILABILITY OF FUNDS.—Amounts in the Fund 
shall be available to the Assistant Secretary to meet the 
purpose described in subsection (b) in the national interest 
of the United States, as determined by the Assistant Sec-
retary. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
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185 
(1) IN GENERAL.—Subject to paragraph (2), 
there is authorized to be appropriated to the Assist-
ant Secretary from time to time such amounts as 
may be necessary for the Fund to carry out the pur-
pose described in subsection (b). 
(2) LIMITATION.—No amount of funds may be 
appropriated that, when added to amounts pre-
viously appropriated but not yet obligated, would 
cause such amount to exceed $300,000,000. 
(3) JUSTIFICATION TO CONGRESS.—The Presi-
dent shall provide to the appropriate committees of 
Congress a justification for each request for appro-
priations under this section. 
SEC. 1514. COMPLEMENTARY PATHWAYS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that any complementary pathways program de-
scribed in subsection (b) should be in addition to, and not 
in lieu of, the United States Refugee Admissions Program. 
(b) STUDY.—Not later than 1 year after the date of 
the enactment of this Act, the Comptroller General of the 
United States shall conduct a study on, and make rec-
ommendations pertaining to, complementary pathways to 
protection in the United States, including scholastic reset-
tlement and labor mobility programs or other parallel sys-
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186 
tems for admitting refugees and individuals fleeing vio-
lence and persecution. 
CHAPTER 2—RESETTLEMENT PROGRAM 
AND SUPPORT 
SEC. 1521. ELEVATION OF OFFICE OF REFUGEE RESETTLE-
MENT. 
(a) IN GENERAL.—Section 411(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1521(a)) is amended 
by striking the second sentence and inserting the fol-
lowing: ‘‘The head of the Office of Refugee Resettlement 
in the Department of Health and Human Services shall 
be an Assistant Secretary of Health and Human Services 
for Refugee and Asylee Resettlement (hereinafter in this 
chapter referred to as the ‘Assistant Secretary’), to be ap-
pointed by the President, and to report directly to the Sec-
retary.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 411(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1521(b)) is amended by 
striking ‘‘Director’’ and inserting ‘‘Assistant Sec-
retary’’. 
(2) Section 412 of the Immigration and Nation-
ality Act (8 U.S.C. 1522) is amended by striking 
‘‘Director’’ each place it appears and inserting ‘‘As-
sistant Secretary’’. 
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187 
(3) Section 413 of the Immigration and Nation-
ality Act (8 U.S.C. 1523) is amended by striking 
‘‘Director’’ each place it appears and inserting ‘‘As-
sistant Secretary’’. 
(4) Section 462 of the Homeland Security Act 
of 2002 (6 U.S.C. 279) is amended by striking ‘‘Di-
rector’’ each place it appears and inserting ‘‘Assist-
ant Secretary’’. 
(c) REFERENCES.—Any reference to the Director of 
the Office of Refugee Resettlement in any other Federal 
law, Executive order, rule, regulation, operating instruc-
tion, or delegation of authority, or any document of or 
pertaining to the Department of Health and Human Serv-
ices or the Office of Refugee Resettlement that refers to 
the Director of the Office of Refugee Resettlement, shall 
be deemed to refer to the Assistant Secretary of Health 
and Human Services for Refugee and Asylee Resettle-
ment. 
SEC. 1522. REFUGEE RESETTLEMENT; RADIUS REQUIRE-
MENTS. 
The Bureau of Population, Refugees, and Migration 
shall not require a refugee to be resettled within a pre-
scribed radius of a refugee resettlement office. 
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SEC. 1523. STUDY AND REPORT ON CONTRIBUTIONS BY 
REFUGEES TO THE UNITED STATES. 
(a) IN GENERAL.—Not later than 2 years after the 
date of the enactment of this Act, and not less frequently 
than every 5 years thereafter, the Comptroller General of 
the United States shall conduct a study on the economic, 
social, and other contributions that refugees make to the 
United States. 
(b) MATTERS TO BE INCLUDED.—The study con-
ducted under subsection (a) shall include the following: 
(1) An assessment of economic contributions 
made by refugees, including— 
(A) during the first year, 5 years, 10 
years, and 20 years following the arrival of a 
refugee in the United States— 
(i) a description of industries in which 
the most refugees work; 
(ii) an analysis of the economic and 
spending power of refugees; 
(iii) the rate of home ownership of 
refugees; 
(iv) the estimated net amount of rev-
enue refugees contribute to the United 
States, as compared to the cost of govern-
ment benefits accessed by refugees; and 
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189 
(v) the estimated gross amount of 
taxes refugees contribute; 
(B) the estimated rate of entrepreneurship 
of refugees during the first year, 5 years, 10 
years, and 20 years after the arrival of a ref-
ugee; 
(C) the number of jobs created by refugee 
businesses; and 
(D) the labor markets for which refugees 
fill critical gaps. 
(2) An assessment of the rate of refugee self- 
sufficiency and a description of unmet needs and 
outcomes, including— 
(A) the manner in which the Office of Ref-
ugee Resettlement defines self-sufficiency; 
(B) an assessment as to whether such defi-
nition is adequate in addressing refugee needs 
in the United States; 
(C) an analysis of the unmet needs and 
outcomes of refugees; and 
(D) an evaluation of the budgetary re-
sources of the Office of Refugee Resettlement 
and a projection of the amount of additional re-
sources necessary to fully address the unmet 
needs of refugees and all other populations 
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within the mandate of the Office of Refugee Re-
settlement, with respect to self-sufficiency. 
(3) Recommendations on ways in which the Of-
fice of Refugee Resettlement may improve the rate 
of self-sufficiency, outcomes, and the domestic ref-
ugee program with respect to the matters assessed 
under paragraphs (1) and (2). 
(c) REPORT.—Not later than 30 days after the date 
on which a study under subsection (a) is completed, the 
Comptroller General shall submit to Congress a report 
that describes the results of the study. 
SEC. 1524. UPDATE OF RECEPTION AND PLACEMENT 
GRANTS. 
(a) IN GENERAL.—Beginning with fiscal year 2023, 
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 of State plans to pro-
vide to national resettlement agencies in reception and 
placement grants during the following fiscal year. 
(b) REQUIREMENTS.—In setting the amount of such 
grants, the Secretary of State shall ensure that— 
(1) the grant amount for each fiscal year is ad-
justed to provide adequately for the anticipated ini-
tial resettlement needs of refugees, including adjust-
ing the amount for inflation and the cost of living; 
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(2) 100 percent of administrative per capita 
based on an approved consolidated placement plan is 
provided at the beginning of the fiscal year to each 
national resettlement agency to ensure adequate 
local and national capacity to serve the initial reset-
tlement needs of the number of refugees the Sec-
retary of State anticipates each such resettlement 
agency will resettle during the fiscal year; and 
(3) additional amounts are provided to each na-
tional resettlement agency promptly on the arrival of 
refugees that, exclusive of the amounts provided 
under paragraph (2), are sufficient to meet the an-
ticipated initial resettlement needs of such refugees 
and support local and national operational costs in 
excess of the estimates described in paragraph (1). 
(c) DURATION
OF RECEPTION
AND PLACEMENT 
SERVICES.—With respect to individuals eligible to receive 
reception and placement grants, the reception and place-
ment period shall be not less than 1 year. 
SEC. 1525. SUBSIDY RECEPTION AND PLACEMENT GRANT 
TO 
SUPPORT 
UNANTICIPATED 
ECONOMIC 
AND PUBLIC HEALTH NEEDS. 
The Secretary of State shall develop and implement 
methods and programs to support a subsidizing line item 
to supplement the reception and placement grant to ac-
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count for unanticipated needs of refugees, such as for eco-
nomic and public health crises that necessitate additional 
support. 
SEC. 1526. 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 data analysis, collection, 
and sharing activities of the Office of Refugee Reset-
tlement. 
‘‘(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 with respect to refugees arriving 
with Class A medical conditions and other urgent 
medical needs. In collecting information under this 
paragraph, the Assistant Secretary shall use initial 
refugee health screening data (including any history 
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of severe trauma, torture, mental health symptoms, 
depression, anxiety, and post-traumatic stress dis-
order) recorded during domestic and international 
health screenings, and data on the rate of use of ref-
ugee medical assistance. The Assistant Secretary 
shall examine the information sharing process from 
country of arrival through refugee resettlement to 
determine if access to additional mental health data 
could help determine placements and enable agencies 
to better prepare to meet refugee mental health 
needs. 
‘‘(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 rent 
apartments or houses and who own condomin-
iums or houses; and 
‘‘(ii) the number of refugees who have be-
come homeless and the number at severe risk of 
becoming homeless. 
‘‘(D)(i) Beginning on the fifth year after arrival 
of a refugee and every 5 years thereafter until the 
end of the 20th year after arrival, the Assistant Sec-
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retary shall, to the extent practicable, gather longi-
tudinal information relating to refugee self-suffi-
ciency and economic contributions to the United 
States including employment status, earnings and 
advancement. 
‘‘(ii) The longitudinal study shall consider addi-
tional factors related to self-sufficiency and integra-
tion, including family self-sufficiency and caretaking, 
barriers to and opportunities for integration of the 
children of refugees and their descendants, and el-
derly resettled refugees. 
‘‘(E) Not less frequently than annually, the As-
sistant Secretary shall— 
‘‘(i) update the data collected under this 
paragraph; 
‘‘(ii) submit to Congress a report on such 
data; and 
‘‘(iii) not later than 270 days after the end 
of the fiscal year following the year for which 
the data were collected, make the data available 
to the public on the website of the Office of 
Refugee Resettlement.’’. 
SEC. 1527. REFUGEE ASSISTANCE. 
(a) AMENDMENTS TO SOCIAL SERVICES FUNDING.— 
Section 412(c)(1)(B) of the Immigration and Nationality 
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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 of 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; 
‘‘(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, projec-
tions on regional allocations, and information 
on the nature of incoming refugees and other 
populations, such as demographics, case man-
agement or medical needs, served by the Office 
during the subsequent fiscal year.’’. 
(b) REPORT ON SECONDARY MIGRATION.—Section 
412(a)(3) of such Act (8 U.S.C. 1522(a)(3)) is amended— 
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(1) in the first sentence, by striking ‘‘a peri-
odic’’ and inserting ‘‘an annual’’; and 
(2) by adding at the end the following: ‘‘At the 
end of each fiscal year, the Assistant Secretary shall 
submit to Congress a report that describes the find-
ings of the assessment, including a list of States and 
localities experiencing departures and arrivals due to 
secondary migration, likely reasons for migration, 
the impact of secondary migration on States receiv-
ing secondary migrants, availability of social services 
for secondary migrants in such States, and unmet 
needs of those secondary migrants.’’. 
(c) ASSISTANCE MADE AVAILABLE TO SECONDARY 
MIGRANTS.—Section 412(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1522(a)(1)) is amended by add-
ing at the end the following: 
‘‘(C) In providing assistance under this section, 
the Assistant Secretary shall ensure that such assist-
ance is also provided to refugees who are secondary 
migrants and meet all other eligibility requirements 
for such services.’’. 
(d) REFUGEES NEEDING SPECIALIZED MEDICAL 
CARE OR PREPARATION.—Section 412(b)(4)(B) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1522(b)(4)(B)) is amended by inserting ‘‘requiring spe-
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cialized care or preparation before the arrival of such refu-
gees in the United States, or’’ after ‘‘medical conditions’’. 
(e) LEGAL
ASSISTANCE
FOR
REFUGEES
AND 
ASYLEES.—Section 412(c)(1)(A) of the Immigration and 
Nationality 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 the refugees in obtaining im-
migration benefits for which the refugees 
are eligible; and’’. 
(f) NOTICE AND RULEMAKING.—Not later than 90 
days after the date of the 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 Sec-
retary 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 
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fiscal year that begins after the date of the enactment of 
this Act. 
SEC. 1528. STABILIZING RESETTLEMENT SITE CAPACITY 
FOR VOLUNTEER COORDINATION, HOUSING 
COORDINATION, AND AOR PROCESSING. 
In consultation with the Assistant Secretary of the 
Office of Refugee Resettlement, the Assistant Secretary 
for the Bureau of Population, Refugees, and Migration 
shall develop and implement methods for improving volun-
teer coordination, housing coordination, and Affidavit of 
Relationship processing to ensure resettlement sites have 
the resources and capacity they need. The Assistant Sec-
retary is authorized to make grants to implement this sec-
tion. 
SEC. 1529. COMMUNITY PARTNERSHIPS, CIVIC ENGAGE-
MENT, AND REFUGEE LEADERSHIP DEVELOP-
MENT. 
(a) IN GENERAL.—The Assistant Secretary for the 
Bureau of Population, Refugees, and Migration shall fund 
a full-time employee, to be known as a ‘‘Community Rela-
tions Officer’’, with each State contracted for resettlement 
whose position will focus on building community partner-
ships, encouraging diverse attendance at community con-
sultations, and organizing community consultations. 
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(b) GRANTS AUTHORIZED.—The Assistant Secretary 
for the Bureau of Population, Refugees, and Migration is 
authorized to make grants to, and enter into contracts 
with, State and local governments to implement this sec-
tion. 
(c) RESPONSIBILITIES.—The responsibilities of a 
Community Relations Officer shall be— 
(1) to consider opportunities to encourage reg-
ular consultation among diverse stakeholders, such 
as by refugees, State Refugee Coordinators and 
health coordinators, resettlement agencies, and other 
service organizations and Ethnic Community Based 
Organizations; 
(2) to support civic engagement of refugees and 
refugee leadership development; and 
(3) to consider methods to expand outreach to 
asylees to ensure asylee access to services. 
CHAPTER 3—ACCESS TO SERVICES AND 
BENEFITS 
SEC. 1531. EXTENSION OF ELIGIBILITY PERIOD FOR SOCIAL 
SECURITY BENEFITS FOR CERTAIN REFU-
GEES. 
(1) IN GENERAL.—Section 402(a)(2)(M)(i) of 
the Personal Responsibility and Work Opportunity 
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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 clause (i) of section 402(a)(2)(M) of such Act is 
amended by striking ‘‘TWO-YEAR EXTENSION’’ and 
inserting ‘‘EXTENSION’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect as of October 1, 
2023. 
SEC. 1532. IN-STATE TUITION RATES FOR REFUGEES, 
ASYLEES, 
AND 
CERTAIN 
SPECIAL 
IMMI-
GRANTS. 
(a) IN GENERAL.—The Higher Education Act of 
1965 is amended by inserting after section 135 (20 U.S.C. 
1015d) the following: 
‘‘SEC. 135A. IN-STATE TUITION RATES FOR REFUGEES, 
ASYLEES, 
AND 
CERTAIN 
SPECIAL 
IMMI-
GRANTS. 
‘‘(a) REQUIREMENT.—In the case of an alien de-
scribed in subsection (b) whose domicile is in a State that 
receives assistance under this Act, such State shall not 
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charge such alien tuition for attendance at a public insti-
tution of higher education in the State at a rate that is 
greater than the rate charged for residents of the State. 
‘‘(b) ALIENS DESCRIBED.—An alien is described in 
this subsection if the alien was granted— 
‘‘(1) refugee status and admitted to the United 
States under section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157); 
‘‘(2) asylum under section 208 of such Act (8 
U.S.C. 1158); or 
‘‘(3) special immigrant status under section 
101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) pur-
suant to— 
‘‘(A) section 1244 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 8 U.S.C. 1157 note); 
‘‘(B) section 1059 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public 
Law 109–163; 8 U.S.C. 1101 note); or 
‘‘(C) section 602 of the Afghan Allies Pro-
tection Act of 2009 (Public Law 111–8; 8 
U.S.C. 1101 note). 
‘‘(c) LIMITATIONS.—The requirement under sub-
section (a) shall apply with respect to an alien only until 
the alien has established residency in the State, and only 
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with respect to the first State in which the alien was first 
domiciled after being admitted into the United States as 
a refugee or special immigrant or being granted asylum. 
‘‘(d) EFFECTIVE DATE.—This section shall take ef-
fect at each public institution of higher education in a 
State that receives assistance under this Act for the first 
period of enrollment at such institution that begins after 
July 1, 2024.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Higher Education Act of 1965 is amended 
by inserting after the item relating to section 135 the fol-
lowing: 
‘‘Sec. 135A. In-State tuition rates for refugees, asylees, and certain special im-
migrants.’’. 
CHAPTER 4—TRAINING, ORIENTATION, 
AND INCLUSION 
SEC. 1541. PRE-DEPARTURE TRAINING FOR APPROVED 
REFUGEE APPLICANTS. 
(a) TRAINING PROGRAMS.— 
(1) IN GENERAL.—The Assistant Secretary for 
the Bureau of Population, Refugees, and Migration, 
in consultation with the directors and heads of office 
of the Resettlement Support Centers (or the des-
ignees of such directors and heads of office), shall 
develop and implement methods for improving over-
seas refugee training programs administered by the 
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Resettlement Support Centers to offer English as a 
second language, work orientation training options, 
cultural orientation, civic engagement, and health 
and wellness for refugees and Iraqi and Afghan spe-
cial immigrant visa holders and their dependents, 
who have been approved for admission to the United 
States before their departure for the United States. 
(2) COMMUNITY INTEGRATION.—The Assistant 
Secretary for the Bureau of Population, Refugees, 
and Migration shall develop and implement pre-de-
parture programs for achieving community integra-
tion of refugees resettled in the United States. 
(3) GRANTS AUTHORIZED.—The Assistant Sec-
retary for the Bureau of Population, Refugees, and 
Migration is authorized to make grants to implement 
this subsection. 
(b) DESIGN AND IMPLEMENTATION.—In designing 
and implementing the programs referred to in subsection 
(a), the Secretary of State shall consult with or use— 
(1) nongovernmental or international organiza-
tions with direct ties to the United States refugee 
resettlement program; and 
(2) nongovernmental or international organiza-
tions with appropriate expertise in developing cur-
riculum and teaching English as a second language. 
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(c) IMPACT ON PROCESSING TIMES.—The Secretary 
of State shall ensure that such training programs are 
strictly optional, occur within applicable processing times 
and do not delay or prevent the departure for the United 
States of refugees who have been approved for admission 
to the United States. 
(d) TIMELINE FOR IMPLEMENTATION.— 
(1) INITIAL IMPLEMENTATION.—Not later than 
1 year after the date of the enactment of this Act, 
the Secretary of State shall ensure that the training 
programs under subsection (a) are fully and contin-
ually operational in at least 3 refugee processing re-
gions. 
(2) ADDITIONAL IMPLEMENTATION.—Not later 
than 2 years after the date of the enactment of this 
Act, the Secretary of State shall notify the Commit-
tees on Appropriations and the Committee on the 
Judiciary of the Senate and the Committees on Ap-
propriations and the Committee on the Judiciary of 
the House of Representatives that such training pro-
grams are fully and consistently operational in 5 ref-
ugee processing regions. 
(e) GAO REPORT.—Not later than 4 years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct a study on the imple-
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mentation of this section, including an assessment of the 
quality of English as a second language curriculum and 
instruction, the benefits of the work orientation and 
English as a second language training program to refu-
gees, and recommendations on whether such programs 
should be continued, broadened, or modified, and shall 
submit to the Committee on Appropriations and the Com-
mittee on the Judiciary of the Senate and the Committee 
on Appropriations and the Committee on the Judiciary of 
the House of Representatives a report on the findings of 
such study. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to require that a refugee participate 
in such a training program as a precondition for the ad-
mission to the United States of such refugee. 
SEC. 1542. DOMESTIC REFUGEE RESETTLEMENT PRO-
GRAMS ON DIGITAL AND FINANCIAL LIT-
ERACY; HOUSING AND TRANSPORTATION AC-
CESS. 
(a) AMENDMENTS TO SOCIAL SERVICES FUNDING.— 
Section 412(b) of the Immigration and Nationality Act (8 
U.S.C. 1522(b)) is amended to read as follows: 
‘‘(b) PROGRAMS FOR DIGITAL AND FINANCIAL LIT-
ERACY AND HOUSING AND TRANSPORTATION ACCESS.— 
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‘‘(1) IN GENERAL.—The Assistant Secretary of 
the Office of Refugee Resettlement, in consultation 
with the Assistant Secretary for the Bureau of Pop-
ulation, Refugees, and Migration, shall develop and 
implement methods— 
‘‘(A) for improving the digital literacy of 
refugees, and strengthening their access to dig-
ital devices and broadband; 
‘‘(B) to support refugees with bereavement 
costs and financial literacy, such as life insur-
ance, retirement, banking, and other forms of 
financial independence; 
‘‘(C) to support refugees’ access to afford-
able housing, home ownership, public housing, 
legal orientation, and public transportation; and 
‘‘(D) to support refugees’ driving orienta-
tion with respect to laws, defensive driving, and 
vehicle maintenance classes. 
‘‘(2) GRANTS
AUTHORIZED.—The Assistant 
Secretary of the Office of Refugee Resettlement is 
authorized to make grants to, and enter into con-
tracts with, State and local governments and reset-
tlement agencies to implement this section.’’. 
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(b) IMMEDIATE ELIGIBILITY
FOR DRIVER’S LI-
CENSES FOR REFUGEES, ASYLEES, AND CERTAIN SPE-
CIAL IMMIGRANTS.— 
(1) IN GENERAL.—Any State in which an alien 
described in paragraph (2) is domiciled shall waive 
residency requirements for obtaining a driver’s li-
cense or an identification card in a manner that en-
sures that such an alien is immediately eligible for 
a driver’s license or identification card, including 
under section 202 of the REAL ID Act of 2005 (di-
vision B of Public Law 109–13; 49 U.S.C. 30301 
note), notwithstanding subsection (c)(2)(B) of such 
Act. 
(2) ALIEN DESCRIBED.—An alien is described 
in this subsection if the alien was granted— 
(A) refugee status and admitted to the 
United States under section 207 of the Immi-
gration and Nationality Act (8 U.S.C. 1157); 
(B) asylum under section 208 of such Act 
(8 U.S.C. 1158); or 
(C) special immigrant status under section 
101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) 
pursuant to section 1244 of the National De-
fense Authorization Act for Fiscal Year 2008 
(Public Law 111–84; 8 U.S.C. 1157 note); sec-
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230 
and orderly movement of individuals and fami-
lies seeking international protection; 
(C) improve national refugee and asylum 
registration systems to ensure that any person 
seeking refugee status, asylum, or other human-
itarian protections— 
(i) receives due process and meaning-
ful access to existing humanitarian protec-
tions; 
(ii) is provided with adequate informa-
tion about his or her rights, including the 
right to seek protection; 
(iii) is properly screened for security, 
including biographic and biometric capture; 
and 
(iv) receives appropriate documents to 
prevent fraud and ensure freedom of move-
ment and access to basic social services; 
and 
(D) develop the capacity to conduct best 
interest determinations for unaccompanied chil-
dren with international protection needs to en-
sure that— 
(i) such children are properly reg-
istered; and 
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