Improving Access for Afghan Refugees Act
Bill: H.R.4736 | Sponsor: Rep. Speier, Jackie (D-CA)
Policy area: Immigration

Summary:
Improving Access for Afghan Refugees Act
This bill requires the Department of State to provide priority refugee status to eligible habitual residents of Afghanistan.
To be eligible for such priority status, a habitual resident of Afghanistan must also be a national of Afghanistan or stateless. Such an individual shall receive priority refugee status if the individual (1) has suffered persecution or has a well-founded fear of persecution and worked in a specified field that makes the individual a target of persecution on account of race, religion, or other characteristics; (2) was employed for at least one year in Afghanistan by U.S.-based media or nongovernmental entities or an entity that received a contract or grant from the U.S. government; or (3) is the beneficiary of a visa petition sponsored by a relative who is a U.S. citizen or permanent resident.
The State Department may also provide priority status to other groups of individuals who are nationals and residents of Afghanistan.
Certain annual numerical limits on refugee admissions shall not apply to individuals who receive priority status under this bill.
For refugee applications under this bill, the State Department and the Department of Homeland Security shall ensure that all steps in the approval process in the U.S. government's control are completed within six months of an application's submission, with exceptions for cases that need more time to address national security concerns.

To provide assistance to Afghan nationals who have suffered persecution 
           based on their occupation, 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 ``Improving Access for Afghan Refugees 
Act''.

SEC. 2. AFGHAN REFUGEES OF SPECIAL HUMANITARIAN CONCERN.

    (a) In General.--The Secretary of State, in consultation with the 
Secretary of Homeland Security, shall designate as Priority 2 refugees 
of special humanitarian concern the following individuals:
            (1) Individuals who--
                    (A) are or were habitual residents of Afghanistan;
                    (B) are nationals of Afghanistan or stateless 
                persons;
                    (C) have suffered persecution or have a well-
                founded fear of persecution; and
                    (D) share common occupational characteristics that 
                identify them as targets of persecution in Afghanistan 
                on account of race, religion, nationality, membership 
                in a particular social group, or political opinion, as 
                determined by the Secretary of State, including the 
                following:
                            (i) Civil servants.
                            (ii) Public officials and government 
                        personnel, including members of the peace 
                        negotiation team.
                            (iii) Human rights defenders.
                            (iv) Women's rights defenders.
                            (v) Journalists and media personnel.
                            (vi) Legal professionals.
            (2) Individuals who--
                    (A) are or were habitual residents of Afghanistan;
                    (B) are nationals of Afghanistan or stateless 
                persons; and
                    (C) were employed in Afghanistan for an aggregate 
                period of not less than 1 year by--
                            (i) a media or nongovernmental organization 
                        based in the United States; or
                            (ii) an organization or entity that has 
                        received a grant from, or entered into a 
                        cooperative agreement or contract with, the 
                        United States Government.
            (3) Individuals who--
                    (A) are or were habitual residents of Afghanistan;
                    (B) are nationals of Afghanistan or stateless 
                persons; and
                    (C) are beneficiaries of an approved I-130 Petition 
                for Alien Relative.
    (b) Processing of Afghan Refugees.--The processing of individuals 
who are or were habitual residents of Afghanistan, are nationals of 
Afghanistan or stateless persons, and have suffered persecution, or 
have a well-founded fear of persecution, for classification as refugees 
may occur in Afghanistan or in a third country.
    (c) Eligibility for Admission as a Refugee.--An alien may not be 
denied the opportunity to apply for admission as a refugee under this 
section solely because such alien qualifies as an immediate relative of 
a national of the United States or is eligible for admission to the 
United States under any other immigrant classification.
    (d) Identification of Other Persecuted Groups.--The Secretary of 
State, or the designee of the Secretary, is authorized to classify 
other groups of individuals who are or were nationals and residents of 
Afghanistan as Priority 2 refugees of special humanitarian concern.
    (e) Satisfaction of Other Requirements.--Aliens designated as 
Priority 2 refugees of special humanitarian concern under this section 
shall be deemed to satisfy the requirements under section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157) for admission to the 
United States.
    (f) Timeline for Processing Applications.--
            (1) In general.--The Secretary of State and the Secretary 
        of Homeland Security shall ensure that all steps under the 
        control of the United States Government incidental to the 
        approval of such applications, including required screenings 
        and background checks, are completed not later than 6 months 
        after the date on which an eligible applicant submits an 
        application under subsection (a).
            (2) Exception.--Notwithstanding paragraph (1), the United 
        States Refugee Admission Program may take additional time to 
        process applications described in paragraph (1) if satisfaction 
        of national security concerns requires such additional time, if 
        the Secretary of Homeland Security, or the designee of the 
        Secretary, has determined that the applicant meets the 
        requirements for status as a refugee of special humanitarian 
        concern under this section and has so notified the applicant.
    (g) Additional Forms of Immigration Relief.--The Secretary of State 
shall consider additional forms of immigration relief available to 
Afghans and coordinate with embassies, nongovernmental organizations, 
and the United Nations High Commissioner for Refugees to receive 
referrals for individuals who--
            (1) are or were habitual residents of Afghanistan;
            (2) are nationals of Afghanistan or stateless persons; and
            (3) are described in subsection (a) or otherwise face 
        humanitarian concerns.
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