I 
116TH CONGRESS 
1ST SESSION H. R. 2890 
To provide penalties for countries that systematically and unreasonably refuse 
or delay repatriation of certain nationals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2019 
Mr. COURTNEY (for himself and Mr. WOODALL) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Foreign Affairs, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To provide penalties for countries that systematically and 
unreasonably refuse or delay repatriation of certain na-
tionals, 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 ‘‘Remedies for Refusal 
of Repatriation Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Foreign Relations of 
the Senate; 
(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(C) the Committee on the Judiciary of the 
Senate; 
(D) the Committee on Foreign Affairs of 
the House of Representatives; 
(E) the Committee on Homeland Security 
of the House of Representatives; and 
(F) the Committee on the Judiciary of the 
House of Representatives. 
(2) CRIME OF VIOLENCE.—The term ‘‘crime of 
violence’’ has the meaning given that term in section 
16 of title 18, United States Code. 
(3) FELONY.—The term ‘‘felony’’ means— 
(A) a crime classified as a felony in the 
convicting jurisdiction, excluding State or local 
offenses for which an essential element was the 
alien’s immigration status; or 
(B) in the case of an offense under section 
276 of the Immigration and Nationality Act (8 
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U.S.C. 1326), or other Federal immigration-re-
lated offense that the Secretary may designate 
by regulation, an offense for which the term of 
imprisonment imposed on the defendant exceed-
ed 1 year. 
SEC. 3. REMEDIES FOR SYSTEMATIC REFUSAL OF REPATRI-
ATION. 
(a) CRITERIA
FOR
SYSTEMATIC
REFUSAL
OR 
DELAY.—Not later than 60 days after the date of the en-
actment of this Act, the Secretary of Homeland Security 
shall establish procedures for determining whether the 
government of a foreign country systematically and unrea-
sonably refuses or delays the repatriation of nationals of 
such country who— 
(1) have been ordered removed from the United 
States; and 
(2)(A) have been convicted of a felony; 
(B) have been convicted of a crime of violence; 
or 
(C) are a threat to national security or public 
safety. 
(b) REQUIREMENTS FOR INCLUSION ON REFUSAL OR 
DELAY LIST.—A country shall be deemed to systemati-
cally and unreasonably refuse or delay the repatriation of 
its nationals if— 
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(1) the country refuses— 
(A) to repatriate an individual described in 
subsection (a) who has been ordered removed 
notwithstanding the designation of such country 
as the place to which the individual is to be re-
moved by the United States under section 
241(b) of the Immigration and Nationality Act 
(8 U.S.C. 1231(b)); and 
(B)(i) to secure and analyze all documents 
within its control that could tend to identify the 
nationality of such individual; or 
(ii) to ensure that a government official ca-
pable of determining that such individual is a 
national of such country interviews such indi-
vidual and, if additional evidence is needed, 
such individual’s family; or 
(2) other factors indicate that the country sys-
tematically and unreasonably refuses or delays the 
repatriation of nationals of such country who are de-
scribed in subsection (a) and have been ordered re-
moved to such country by the United States. 
(c) NOTIFICATION REQUIREMENTS.—Upon deter-
mining that a country systematically and unreasonably re-
fuses or delays repatriation of its nationals— 
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(1) the Secretary of Homeland Security shall 
notify the Secretary of State of such determination 
in writing not later than 5 days after such deter-
mination; and 
(2) the Secretary of State and the Secretary of 
Homeland Security shall— 
(A) meet concurrently with representatives 
of the foreign government in the United States 
and in the foreign country about such deter-
mination; and 
(B) notify such representatives that the 
United States may discontinue issuance of visas 
to nationals of such country under section 
243(d) of the Immigration and Nationality Act 
(8 U.S.C. 1253(d)). 
(d) DISCONTINUANCE OF VISAS.—In furtherance of 
section 243(d) of the Immigration and Nationality Act (8 
U.S.C. 1253) and except as provided under subsection (e), 
if a country described in subsection (c) continues to sys-
tematically and unreasonably refuse or delay the repatri-
ation of its nationals described in subsection (a) after re-
ceiving notification under subsection (c)(2)(B)— 
(1) the Secretary of Homeland Security shall 
notify the Secretary of State that the country meets 
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the criteria described in section 243(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1253(d)); and 
(2) the Secretary of State shall discontinue the 
issuance of visas in accordance with such section. 
(e) EXCEPTION.—If the Secretary of Homeland Se-
curity determines that it is not in the interests of the 
United States to discontinue the issuance of visas to na-
tionals of a country described in subsection (d), the Sec-
retary of Homeland Security shall submit to the appro-
priate committees of Congress a report documenting the 
reasons for such determination. 
(f) PUBLIC DISSEMINATION OF INFORMATION.—The 
Secretary of Homeland Security and the Secretary of 
State shall list countries that systematically and unreason-
ably refuse or delay repatriation of their nationals de-
scribed in subsection (a) on the websites of their respective 
departments. 
(g) REPORTS TO CONGRESS.—Not later than March 
1 of each year, the Secretary of Homeland Security and 
the Secretary of State shall jointly submit to the appro-
priate committees of Congress a report that— 
(1) identifies the countries that met the criteria 
developed pursuant to subsection (a) in the previous 
calendar year; 
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(2) describes the actions taken by the Secretary 
of Homeland Security and the Secretary of State 
after determining that a country met the criteria de-
veloped pursuant to subsection (a); 
(3) identifies the countries included in the noti-
fications described in subsections (c) and (d) and the 
actions taken by the Secretary of State as a result 
of such notifications; 
(4) identifies the countries that do not meet the 
criteria described in subsection (b), but have refused 
or delayed the repatriation of their nationals; and 
(5) describes the actions taken by the Secretary 
of Homeland Security and the Secretary of State 
with respect to the countries described in paragraph 
(4). 
Æ 
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