I 
116TH CONGRESS 
2D SESSION 
H. R. 5767 
To defer the removal of certain Eritrean nationals for a 24-month period, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 5, 2020 
Ms. OMAR (for herself, Ms. BASS, Mr. NEGUSE, Mr. PAYNE, Ms. NORTON, 
Mr. MCGOVERN, Mr. CARSON of Indiana, Ms. CLARKE of New York, Ms. 
JAYAPAL, Mr. JOHNSON of Georgia, Ms. MCCOLLUM, Ms. JACKSON LEE, 
Mr. GRIJALVA, Mr. KHANNA, Ms. PRESSLEY, Mr. HORSFORD, Ms. 
TLAIB, Ms. OCASIO-CORTEZ, Mrs. WATSON COLEMAN, Ms. SCANLON, 
Ms. SCHAKOWSKY, Mr. SMITH of Washington, Mr. GOMEZ, Mr. ENGEL, 
Mr. ESPAILLAT, Ms. LEE of California, Mr. RUSH, Mr. RASKIN, Ms. 
CRAIG, Mr. PHILLIPS, and Mr. CLAY) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To defer the removal of certain Eritrean nationals for a 
24-month period, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Eritrean Nationals’ 
Safety from Unjust Removal or Expulsion Act’’ or the 
‘‘ENSURE Act of 2020’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) There are 700 Eritrean nationals living in 
the United States who have final orders of removal. 
(2) In September 2017, the Secretary of Home-
land Security announced visa sanctions to encourage 
certain recalcitrant countries, including Eritrea, to 
accept the respective nationals from such countries 
who are subject to final orders of removal from the 
United States. 
(3) Eritrea has generally declined to issue trav-
el documents to accept such nationals upon removal 
from the United States but has begun to issue such 
documents due to the threat of visa sanctions from 
the United States. 
(4) The human rights crisis and humanitarian 
situation in Eritrea has resulted in extraordinary 
conditions that have driven nationals to flee the 
country and prevented such nationals from safely re-
turning to Eritrea. 
(5) Conditions in Eritrea have been historically 
dangerous and oppressive for certain groups that 
frequently suffer state reprisal, including individuals 
who have fled Eritrea to evade indefinite military 
service and arbitrary detention, conscientious objec-
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tors, opponents of political leaders in Eritrea, jour-
nalists, and religious minorities. 
(6) If returned to Eritrea after removal from 
the United States, many Eritrean nationals that be-
long to such groups may face persecution, torture, 
or death. 
(7) Eritrean nationals who are removed from 
the United States are also at a particular risk of 
state reprisal for leaving in the first place. 
(8) The most recent report of the United Na-
tions Special Rapporteur on the situation of human 
rights in Eritrea assessed current country conditions 
as grim, with arbitrary arrests, detentions, tortures, 
disappearances, and extrajudicial executions occur-
ring regularly. 
(9) Human rights violations, including indefi-
nite military service, overcrowding in prolonged, un-
sanitary detention, and an overall lack of freedom of 
movement and expression, persist in Eritrea, con-
tributing to the mass exodus from the country. 
(10) United Nations Special Rapporteurs in 
Eritrea have determined that this situation is forc-
ing many Eritrean nationals to choose between en-
slavement if they stay in Eritrea or death if they at-
tempt to leave Eritrea. 
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(11) The most recent State Department report 
on human rights practices in Eritrea warns that 
many citizens who have fled Eritrea ‘‘remain in self- 
imposed exile due to their religious and political 
views and fear that they would be conscripted into 
national service if returned,’’ which may result in 
torture and death. 
(12) In order to begin to restore immigration 
relations with the United States, Eritrea will need to 
adopt accountability measures that ensure that Eri-
trean nationals returned to Eritrea do not face state 
reprisal. 
(13) In 2018, the co-chairs of the Tom Lantos 
Human Rights Commission reiterated these concerns 
in a bipartisan delegation letter to the Secretary of 
State, urging the Department of State to ensure 
human rights objectives were taken into consider-
ation when resetting any relations or policies toward 
Eritrea. 
(14) In 2017, the Director of U.S. Immigration 
and Customs Enforcement sought to remove ap-
proximately 700 Eritrean nationals from the United 
States. 
(15) Without enough time to seek immigration 
assistance based on country conditions in Eritrea, 
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and without careful consideration for each case, Eri-
trean nationals could be removed to face persecution, 
torture, or death before such Eritreans receive fair 
adjudication of eligibility for relief under current law 
and in light of present facts. 
(16) Deferring removal of Eritrean nationals 
for 24 months would give— 
(A) such Eritreans, who have not had the 
time or resources to seek sufficient immigration 
assistance or legal counsel based on the unique 
circumstances described in this section, time to 
seek such assistance or counsel; 
(B) immigration judges and authorities the 
time to fully understand the dire human rights 
crisis and humanitarian situation in Eritrea; 
and 
(C) the Government of Eritrea time to 
start to reform the security of Eritrea and ad-
dress human rights abuses within Eritrea, in-
cluding preventing indefinite military service, 
arbitrary and prolonged detention, and general 
persecution of the Eritrean people. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
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(1) Eritrean nationals should not be deported 
to Eritrea if such nationals face persecution, torture, 
or death; 
(2) due to the horrific conditions in Eritrea, in-
cluding conditions listed under section 2, and the 
substantial increase in removal orders for Eritrean 
aliens in the United States, it would both be unfair 
and dangerous to deport Eritreans without ensuring 
that each case is carefully considered or, if applica-
ble, reconsidered based on current country condi-
tions in Eritrea; and 
(3) the removal of Eritrean nationals described 
in section 4 should be deferred for a period of 24 
months, at the end of which Congress should have 
the opportunity to reevaluate conditions in Eritrea. 
SEC. 4. DEFERRAL OF REMOVAL FOR ERITREAN NATION-
ALS WITH REMOVAL ORDERS. 
(a) IN GENERAL.—Subject to subsection (b), an alien 
may not be removed during the 24-month period begin-
ning on the date of the enactment of this Act if the alien— 
(1) is a national of Eritrea; 
(2) has been ordered removed to Eritrea at any 
time before the date of the enactment of this Act; 
and 
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(3) has been continuously physically present in 
the United States since the effective date of the en-
actment of this Act. 
(b) EMPLOYMENT AUTHORIZATIONS.—Upon applica-
tion to the Secretary of Homeland Security, an alien 
whose removal is deferred pursuant to this Act shall be 
authorized to engage in employment during the 24-month 
period described in subsection (a), provided that— 
(1) the alien is not subject to extradition by an 
international tribunal or by a country with a treaty 
of extradition with the United States (except the 
alien shall not be extradited to Eritrea); or 
(2) if the alien is subject to extradition under 
paragraph (1) due to an accusation of torture, 
crimes against humanity, war crimes, or genocide, 
the Secretary of State and the Attorney General cer-
tify that such accusation is not credible with respect 
to the alien. 
SEC. 5. NOTICE FOR CERTAIN ALIENS WITH REMOVAL OR-
DERS TO ERITREA. 
(a) IN GENERAL.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall provide notice of the provisions of this 
Act to each alien described in section 4(a). 
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(b) CONTENTS
OF NOTICE.—The notice required 
under subsection (a) shall include clear instructions ex-
plaining how an alien may file a motion to reopen a pro-
ceeding under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a) based on current country con-
ditions. 
SEC. 6. PROHIBITION ON DETENTION. 
The Secretary of Homeland Security may not detain 
an alien whose removal is deferred pursuant to this Act 
based upon— 
(1) the immigration status of such alien in the 
United States; or 
(2) a motion filed by the alien to reopen a pro-
ceeding under section 240 of the Immigration and 
Nationality Act (8 U.S.C. 1229a). 
SEC. 7. JUDICIAL REVIEW. 
(a) REVIEW.—Notwithstanding any other provision 
of law, an individual or entity who has been harmed by 
a violation of this Act may file an action in an appropriate 
district court of the United States to seek declaratory or 
injunctive relief. 
(b) RULE OF CONSTRUCTION.—Nothing in this Act 
may be construed to preclude an action filed pursuant to 
subsection (a) from proceeding as a class action (as such 
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(C) applied for status as a refugee under 
section 207 of the Immigration and Nationality 
Act (8 U.S.C. 1157), including the number of 
Eritrean nationals who were granted such sta-
tus; or 
(D) applied for asylum under section 208 
of the Immigration and Nationality Act (8 
U.S.C. 1158), including the number of Eritrean 
nationals who were granted such status; 
(2) with respect to Eritrean nationals identified 
pursuant to paragraph (1)(A), the names of each 
such country that such nationals were removed to; 
and 
(3) with respect to Eritrean nationals identified 
pursuant to paragraph (1), the number of Eritrean 
nationals that qualify under 2 or more of the re-
quirements under paragraph (1). 
(b) REPORT ON THE SAFETY OF ERITREAN NATION-
ALS REMOVED FROM THE UNITED STATES.—Not later 
than 180 days after the date of the enactment of this Act, 
and annually thereafter, the Secretary of Homeland Secu-
rity, in consultation with the Secretary of State, shall sub-
mit to Congress a report describing how the Federal Gov-
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ernment is ensuring the safety of Eritrean nationals re-
moved from the United States to another country. 
Æ 
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