Deferred Removal for Iraqi Nationals Including Minorities Act of 2021
Bill: H.R.4273 | Sponsor: Rep. Levin, Andy (D-MI)
Policy area: Immigration

Summary:
Deferred Removal for Iraqi Nationals Including Minorities Act of 2021
This bill defers the removal of qualified Iraqi nationals from the United States for two years from the date of the bill's enactment.
To qualify, an Iraqi national shall (1) have been ordered removed to Iraq before the date of the bill's enactment, and (2) have resided in the United States on or before January 1, 2016. Aliens under removal deferral under this bill (1) shall be authorized for employment, and (2) may not be detained for immigration status-related reasons or for a motion by the alien to reopen removal proceedings.
An alien shall not receive removal deferral under this bill where (1) the Department of Homeland Security determines that the alien is directly responsible for specific and significant harm to U.S. security, (2) the alien voluntarily returns to Iraq, or (3) the alien is subject to extradition.

To defer removal of certain nationals of Iraq for a 24-month period, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deferred Removal for Iraqi Nationals 
Including Minorities Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) There are over 1,000 Iraqi nationals living in the 
        United States who have been ordered removed. In recent times, 
        Iraq has generally declined permission for repatriation of its 
        nationals, so that many Iraqis who were ordered removed could 
        not be repatriated. As a result, the removal orders for many 
        Iraqis are years or decades old, and are not based on current 
        country conditions.
            (2) Conditions in Iraq have worsened dramatically since 
        these removal orders were entered. Removal orders entered years 
        or decades ago do not reliably indicate whether an Iraqi is 
        currently removable based on current country conditions and 
        current law. Iraq's humanitarian, security, and refugee crisis 
        has resulted in extraordinary conditions that today prevent 
        many Iraqi nationals from safely returning to Iraq. Many Iraqis 
        with removal orders will face persecution, torture, or death if 
        removed. They are therefore now eligible for immigration relief 
        that was unavailable when they were originally ordered removed.
            (3) The U.S. State Department currently warns against any 
        travel to Iraq due to ``terrorism, kidnapping, and armed 
        conflict''.
            (4) The most recent State Department report on human rights 
        practices in Iraq warns of ``unlawful or arbitrary killings by 
        some members of the Iraq Security Forces (in this Act referred 
        to as `ISF'), particularly Iran-aligned elements of the Popular 
        Mobilization Forces (in this Act referred to as `PMF'); forced 
        disappearances; torture; arbitrary detention; harsh and life-
        threatening prison and detention center conditions; arbitrary 
        or unlawful interference with privacy; restrictions on free 
        expression, the press, and the internet, including censorship, 
        site blocking, and criminal libel; legal restrictions on 
        freedom of movement of women; widespread official corruption; 
        unlawful recruitment or use of child soldiers by Iran-aligned 
        elements of the PMF that operate outside government control; 
        trafficking in persons; criminalization of lesbian, gay, 
        bisexual, transgender, and intersex (in this Act referred to as 
        `LGBTI') status or conduct; violence targeting LGBTI persons; 
        threats of violence against internally displaced persons (in 
        this Act referred to as `IDPs') and returnee populations 
        perceived to have been affiliated with ISIS; and restrictions 
        on worker rights, including restrictions on formation of 
        independent unions and reports of child labor''.
            (5) Iraqis who are removed to Iraq are also at particular 
        risk if they are perceived as American or affiliated with the 
        United States, which is the case for the vast majority of 
        Iraqis facing removal, since most have lived in the United 
        States for many years. Iraqis who have family or employment 
        ties in the United States face heightened risks within Iraq on 
        the basis of their perceived loyalty to the United States. For 
        more than a decade, groups hostile to the United States have 
        persecuted and tortured extended family on account of a single 
        family member's affiliation with the United States through 
        employment or family ties. In 2007, Congress specifically 
        created a refugee program for Iraqis affiliated with the United 
        States because of the dangers facing Iraqis who have allied 
        themselves with the United States.
            (6) Noncitizens previously ordered removed have a right to 
        seek immigration protection or relief based on current country 
        conditions.
            (7) In the summer of 2017, U.S. Immigration and Customs 
        Enforcement sought to remove many Iraqi nationals, eventually 
        detaining over 300. As a result of litigation, most of those 
        detained Iraqis were able to seek immigration relief based on 
        current country conditions. Once they were able to access the 
        immigration court system, a large majority won motions to 
        reopen their cases so that their eligibility for relief can be 
        determined based on current country conditions. While many of 
        the cases remain in process, many of these Iraqis have won 
        merits relief, including withholding or deferral of removal 
        under the Immigration and Nationality Act or Convention Against 
        Torture, asylum, reinstatement of their status as lawful 
        permanent residents, and naturalization.
            (8) There are an estimated 1,000 Iraqis who have not yet 
        been able to seek immigration relief based on current country 
        conditions. Due to the complexity of the required legal filings 
        and the backlogs in the immigration courts it can take several 
        years for an individual to seek to reopen their immigration 
        case and have their eligibility for immigration relief decided 
        on the merits.
            (9) Without sufficient time to seek immigration relief 
        based on current country conditions, Iraqis could be removed to 
        persecution, torture, or death before they receive an 
        individualized adjudication of their eligibility for relief in 
        light of current law and current facts.
            (10) Deferring removals 24 months would allow Iraqis who 
        have not yet done so time to seek immigration relief based on 
        changed country conditions.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) Iraqis should not be deported if they face likely 
        persecution, torture, or death;
            (2) because of changing country conditions in Iraq and the 
        age of the Iraqis' removal orders, it would be both unfair and 
        dangerous to deport Iraqis without ensuring that their cases 
        will be individually considered based on current country 
        conditions; and
            (3) the removal of Iraq 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 
        country conditions in Iraq.

SEC. 4. DEFERRAL OF REMOVAL FOR NATIONALS OF IRAQ WITH REMOVAL ORDERS.

    (a) Deferral of Removal.--Except as provided in subsection (b), an 
alien may not be removed for the 24-month period beginning on the date 
of enactment of this Act if the alien--
            (1) is a national of Iraq;
            (2) has been ordered removed to Iraq at any time before the 
        date of enactment of this Act; and
            (3) resided in the United States on or before January 1, 
        2016.
    (b) Deferral Not Applicable to Certain Aliens.--Subsection (a) 
shall not apply to an alien if--
            (1) the Secretary of Homeland Security determines that the 
        alien's removal is necessary based upon credible facts that the 
        alien is directly responsible for specific and significant harm 
        to the security of the United States;
            (2) the alien voluntarily returns to Iraq; or
            (3) the alien is subject to extradition.
    (c) Employment Authorization.--Upon application to the Secretary of 
Homeland Security, an alien whose removal is deferred pursuant to this 
Act--
            (1) shall be authorized to engage in employment during the 
        24-month period described in subsection (a); and
            (2) shall be issued an employment authorization document 
        that remains valid during such period.
    (d) Implementation.--The Secretary of Homeland Security shall take 
the necessary steps to implement--
            (1) the deferral of removal authorized under this section; 
        and
            (2) the authorization of employment described in subsection 
        (c).

SEC. 5. NOTICE FOR CERTAIN ALIENS WITH REMOVAL ORDERS TO IRAQ.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall provide notice of 
the provisions of this Act to each alien who--
            (1) is a national of Iraq; and
            (2) has a final order of removal.
    (b) Contents of Notice.--The notice required under subsection (a) 
shall include clear instructions explaining the requirements for an 
alien to file a motion to reopen a proceeding under section 240 of the 
Immigration and Nationality Act (8 U.S.C. 1229a) based on changed 
country conditions.

SEC. 6. PROHIBITION ON DETENTION.

    The Secretary of Homeland Security may not detain an alien whose 
removal is deferred pursuant to this Act on the basis of the alien's 
immigration status in the United States or as a result of the filing, 
grant, or denial of a motion filed by the alien to reopen a proceeding.

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 a lawsuit of any kind, including an action filed pursuant to 
subsection (a) from proceeding as a class action (as such term is 
defined in section 1711 of title 28, United States Code).
                                 <all>