Uyghur Human Rights Protection Act
Bill: H.R.1630 | Sponsor: Rep. Deutch, Theodore E. (D-FL)
Policy area: International Affairs

Summary:
Uyghur Human Rights Protection Act
This bill designates certain residents of the Xinjiang region in China as prioritized refugees of special humanitarian concern and addresses other related issues.
This priority designation shall apply to individuals (and the spouses, children, and parents of such individuals) who (1) reside in or fled Xinjiang and who suffered persecution on account of their peaceful political, religious, or cultural activities or associations, or have a well-founded fear of such persecution; or (2) have been formally charged, detained, or convicted for certain peaceful actions related to Xinjiang. Such an individual may not be denied admission into the United States based primarily on an arrest or other adverse government action due to that individual's participation in protests.
The bill also waives certain immigration-related requirements for such individuals.
Furthermore, a Chinese national seeking refugee status shall be considered to have been persecuted on account of political opinion if the Chinese government revoked that individual's residency in any region of China because the individual submitted a nonfrivolous application for a U.S. immigration benefit.
Similarly, if the Chinese government revoked a Chinese national's citizenship, nationality, or residency because that individual filed for a U.S. immigration benefit, that revocation shall constitute a changed circumstance. (Among other things, a changed circumstance may allow an individual who has been rejected for asylum to apply again.)

To designate residents of the Xinjiang Uyghur Autonomous Region as 
  Priority 2 refugees of special humanitarian concern, 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 ``Uyghur Human Rights Protection 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Government of the People's Republic of China has a 
        long history of repressing Turkic Muslims and other Muslim 
        minority groups, particularly Uyghurs, in Xinjiang Uyghur 
        Autonomous Region (``Xinjiang'' or ``XUAR''), also known as 
        East Turkestan. Central and regional Chinese government 
        policies have systematically discriminated against these 
        minority groups by denying them a range of civil and political 
        rights, particularly freedom of religion.
            (2) In May 2014, the Government of the People's Republic of 
        China launched its latest ``Strike Hard Against Violent 
        Extremism'' campaign, using wide-scale, internationally linked 
        threats of terrorism as a pretext to justify pervasive 
        restrictions on and serious human rights violations against 
        members of ethnic minority communities in Xinjiang. The August 
        2016 appointment of former Tibet Autonomous Region Party 
        Secretary Chen Quanguo to be Party Secretary of the XUAR 
        accelerated the crackdown across the region. Scholars, human 
        rights organizations, journalists, and think tanks have 
        provided ample evidence substantiating the establishment by the 
        Government of the People's Republic of China of internment 
        camps. Since 2017, the Government of the People's Republic of 
        China has detained more than 1,000,000 Uyghurs, ethnic Kazakhs, 
        Kyrgyz, and members of other Muslim minority groups in these 
        camps. The total ethnic minority population of Xinjiang Uyghur 
        Autonomous Region was approximately 13,000,000 at the time of 
        the last census conducted by the People's Republic of China in 
        2010.
            (3) The Government of the People's Republic of China's 
        actions against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of 
        other Muslim minority groups in Xinjiang violate international 
        human rights laws and norms, including--
                    (A) the International Convention on the Elimination 
                of All Forms of Racial Discrimination, to which the 
                People's Republic of China has acceded;
                    (B) the Convention against Torture and Other Cruel, 
                Inhuman or Degrading Treatment or Punishment, which the 
                People's Republic of China has signed and ratified;
                    (C) The Convention on the Prevention and Punishment 
                of the Crime of Genocide, which the People's Republic 
                of China has signed and ratified;
                    (D) the International Covenant on Civil and 
                Political Rights, which the People's Republic of China 
                has signed; and
                    (E) the Universal Declaration of Human Rights and 
                the International Labor Organization's Force Labor 
                Convention (no. 29) and the Abolition of Forced Labor 
                Convention (no. 105).
            (4) Senior Chinese Communist Party officials bear direct 
        responsibility for gross human rights violations committed 
        against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other 
        Muslim minority groups. These abuses include the arbitrary 
        detention of more than 1,000,000 Uyghurs, ethnic Kazakhs, 
        Kyrgyz, and members of other Muslim minority groups, separation 
        of working age adults from their children and elderly parents, 
        and the integration of forced labor into supply chains.
            (5) Those held in detention facilities and internment camps 
        in the Xinjiang Uyghur Autonomous Region have described forced 
        political indoctrination, torture, beatings, food deprivation, 
        sexual assault, coordinated campaigns to reduce birth rates 
        among Uyghurs and other Turkic Muslims through forced 
        sterilization, and denial of religious, cultural, and 
        linguistic freedoms. These victims have confirmed they were 
        told by guards that the only way to secure their release was to 
        demonstrate adequate political loyalty. Poor conditions and 
        lack of medical treatment at such facilities appear to have 
        contributed to the deaths of some detainees, including the 
        elderly and infirm. Recent media reports indicate that since 
        2019 the Government of the People's Republic of China has newly 
        constructed, expanded, or fortified at least 60 detention 
        facilities with higher security or prison-like features.
            (6) In September 2018, United Nations High Commissioner for 
        Human Rights Michelle Bachelet noted ``the deeply disturbing 
        allegations of large-scale arbitrary detentions of Uighurs and 
        other Muslim communities, in so-called reeducation camps across 
        Xinjiang''.
            (7) In 2019, the Congressional-Executive Commission on 
        China concluded that, based on available evidence, the 
        establishment and actions committed in the internment camps in 
        Xinjiang Uyghur Autonomous Region may constitute ``crimes 
        against humanity''.
            (8) Uyghurs and ethnic Kazaks resettled or residing in 
        third countries report being subjected to threats and 
        harassment from People's Republic of China officials.
            (9) There is a backlog of approximately 3.6 million visa 
        applicants waiting to enter the United States. Wait times for 
        certain visas are between 5 and 18 years.

SEC. 3. DESIGNATION OF CERTAIN RESIDENTS OF THE XINJIANG UYGHUR 
              AUTONOMOUS REGION.

    (a) In General.--Persons of special humanitarian concern eligible 
for Priority 2 processing under the refugee resettlement priority 
system shall include the following:
            (1) Individuals who are residents of or fled the Xinjiang 
        Uyghur Autonomous Region who suffered persecution or have a 
        well-founded fear of persecution on account of their peaceful 
        expression of political opinions, religious or cultural 
        beliefs, or peaceful participation in political, religious, or 
        cultural activities or associations.
            (2) Individuals residing in other provinces of China, or 
        individuals not firmly resettled in third countries, who fled 
        the Xinjiang Uyghur Autonomous Region because of the causes 
        described in paragraph (1).
            (3) Individuals who have been formally charged, detained, 
        or convicted on account of their peaceful actions as described 
        in the Uyghur Human Rights Policy Act of 2020 (Public Law 116-
        145).
            (4) The spouses, children, and parents (as such terms are 
        defined in subsections (a) and (b) of section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101)) of individuals 
        described in paragraph (1), (2), or (3), except such parents 
        who are citizens of a country other than the People's Republic 
        of China.
    (b) Processing of Xinjiang Uyghur Autonomous Region Refugees.--The 
processing of individuals described in subsection (a) for 
classification as refugees may occur in China or in a third country.
    (c) Eligibility for Admission as Refugees.--An alien may not be 
denied the opportunity to apply for admission as a refugee under this 
section primarily because such alien--
            (1) qualifies as an immediate relative of a citizen of the 
        United States; or
            (2) is eligible for admission to the United States under 
        any other immigrant classification.
    (d) Facilitation of Admissions.--Certain applicants for admission 
to the United States from the Xinjiang Uyghur Autonomous Region, as 
described in subsection (a), may not be denied primarily on the basis 
of a politically, religiously, or culturally motivated arrest, 
detention, or other adverse government action taken against such 
applicant as a result of the participation by such applicant in protest 
activities.
    (e) Exclusion From Numerical Limitations.--Aliens provided refugee 
status under this section shall not be counted against any numerical 
limitation under section 201, 202, 203, or 207 of the Immigration and 
Nationality Act ( 8 U.S.C. 1151, 1152, 1153, or 1157).
    (f) Priority.--The Secretary of State shall prioritize bilateral 
diplomacy with third countries hosting former residents from the 
Xinjiang Uyghur Autonomous Region, as described in subsection (a), and 
who face significant diplomatic pressure from the Government of the 
People's Republic of China.
    (g) Reporting Requirements.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and every 90 days thereafter, the 
        Secretary of State and the Secretary of Homeland Security shall 
        submit a report on the matters described in paragraph (2) to--
                    (A) the Committee on the Judiciary and the 
                Committee on Foreign Relations of the Senate; and
                    (B) the Committee on the Judiciary and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
            (2) Matters to be included.--Each report required by 
        paragraph (1) shall include--
                    (A) the total number of applications that are 
                pending at the end of the reporting period;
                    (B) the average wait-times and number of applicants 
                who are currently pending--
                            (i) a pre-screening interview with a 
                        resettlement support center;
                            (ii) an interview with U.S. Citizenship and 
                        Immigration Services;
                            (iii) the completion of security checks; 
                        and
                            (iv) receipt of a final decision after 
                        completion of an interview with U.S. 
                        Citizenship and Immigration Services; and
                    (C) the number of denials of applications for 
                refugee status, disaggregated by the reason for each 
                such denial.
            (3) Form.--Each report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
            (4) Public reports.--The Secretary of State shall make each 
        report submitted under this subsection available to the public 
        on the internet website of the Department of State.
    (h) Satisfaction of Other Requirements.--Aliens eligible under this 
section for Priority 2 processing under this section as Priority 2 
refugees of special humanitarian concern under the refugee resettlement 
priority system shall be considered to satisfy the requirements under 
section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) for 
admission to the United States.

SEC. 4. WAIVER OF IMMIGRANT STATUS PRESUMPTION.

    (a) In General.--The presumption under the first sentence of 
section 214(b) of the Immigration and Nationality Act (8 U.S.C. 
1184(b)) that every alien is an immigrant until the alien establishes 
that the alien is entitled to nonimmigrant status shall not apply to an 
alien described in subsection (b).
    (b) Alien Described.--
            (1) In general.--An alien described in this paragraph is an 
        alien who--
                    (A) on January 1, 2021, is a resident of the 
                Xinjiang Special Administrative Region;
                    (B) fled the Xinjiang Special Administrative Region 
                after June 30, 2009, and now resides in a different 
                province of China or third country;
                    (C) is seeking entry to the United States to apply 
                for asylum under section 208 of the Immigration and 
                Nationality Act (8 U.S.C. 1158); and
                    (D) is facing repression in the Xinjiang Uyghur 
                Autonomous Region by the Government of the People's 
                Republic of China including--
                            (i) forced and arbitrary detention 
                        including in internment and so-called re-
                        education camps;
                            (ii) forced political indoctrination, 
                        torture, beatings, food deprivation, and denial 
                        of religious, cultural, and linguistic 
                        freedoms;
                            (iii) forced labor;
                            (iv) forced separation from family members; 
                        or
                            (v) other forms of systemic threats, 
                        harassment, and gross human rights violations.
            (2) Exclusion.--An alien described in this paragraph does 
        not include any alien who--
                    (A) is a citizen or permanent resident of a country 
                other than the People's Republic of China; or
                    (B) is determined to have committed a gross 
                violation of human rights.
    (c) Intention To Abandon Foreign Residence.--The fact that an alien 
described in this section is or was the beneficiary of an application 
for refugee status, or is seeking entry to the United States to apply 
for asylum under section 208 of the Immigration and Nationality Act (8 
U.S.C. 1158), shall not constitute evidence of an intention to abandon 
a foreign residence for purposes of obtaining or maintaining the status 
of a nonimmigrant described in section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)).

SEC. 5. REFUGEE AND ASYLUM DETERMINATIONS UNDER THE IMMIGRATION AND 
              NATIONALITY ACT.

    (a) Persecution on Account of Political, Religious, or Cultural 
Expression or Association.--
            (1) In general.--In the case of an alien who is within a 
        category of aliens established under this Act, the alien may 
        establish, for purposes of section 3(a)(1) of this Act, that 
        the alien has a well-founded fear of persecution on account of 
        race, religion, nationality, membership in a particular social 
        group, or political opinion by asserting such a fear and 
        asserting a credible basis for concern about the possibility of 
        such persecution.
            (2) Nationals of the people's republic of china.--For 
        purposes of refugee determinations under this Act in accordance 
        with section 207 of the Immigration and Nationality Act (8 
        U.S.C. 1157), a national of the People's Republic of China 
        whose residency in the Xinjiang Uyghur Autonomous Region, or 
        any other area within the jurisdiction of the People's Republic 
        of China, as determined by the Secretary of State, is revoked 
        for having submitted to any United States Government agency a 
        nonfrivolous application for refugee status, asylum, or any 
        other immigration benefit under the immigration laws shall be 
        considered to have suffered persecution on account of political 
        opinion.
    (b) Changed Circumstances.--For purposes of asylum determinations 
under this Act in accordance with section 208 of the Immigration and 
Nationality Act (8 U.S.C. 1158), the revocation of the citizenship, 
nationality, or residency of an individual for having submitted to any 
United States Government agency a nonfrivolous application for refugee 
status, asylum, or any other immigration benefit under the immigration 
laws shall be considered to be a changed circumstance under subsection 
(a)(2)(D) of that section.
    (c) Definition.--For purposes of this section, the term 
``immigration laws'' has the meaning given such term in section 
101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17)).

SEC. 6. STATEMENT OF POLICY ON ENCOURAGING ALLIES AND PARTNERS TO MAKE 
              SIMILAR ACCOMMODATIONS.

    It is the policy of the United States to encourage allies and 
partners of the United States to make accommodations similar to the 
accommodations made in this Act for residents of the Xinjiang Uyghur 
Autonomous Region who are fleeing oppression by the Government of the 
People's Republic of China.

SEC. 7. TERMINATION.

    This Act, and the amendments made by this Act, shall cease to have 
effect on the date that is 10 years after the date of the enactment of 
this Act.
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