Freedom for Refugees Escaping Enmity (FREE) Act

Bill: 115-hr-1075
Sponsor: full_name: Rep. Clarke, Yvette D. [D-NY-9]
Introduced: 2017-02-15
Policy area: Immigration
Subjects: Africa

Border security and unlawful immigration

Executive agency funding and structure

Immigration status and procedures

Iran

Iraq

Libya

Middle East

Presidents and presidential powers, Vice Presidents

Refugees, asylum, displaced persons

Religion

Somalia

Sudan

Syria

Travel and tourism

Visas and passports

Yemen
Latest action: action_date: 2017-03-06
text: Referred to the Subcommittee on Immigration and Border Security.

Summaries:
action_date: 2017-02-15
action_desc: Introduced in House
text: <p><strong>Freedom for Refugees Escaping Enmity (FREE) Act</strong></p> <p>This bill nullifies Executive Order 13769, entitled &quot;Protecting the Nation from Foreign Terrorist Entry into the United States.&quot; No federal funds may be used to implement or enforce any of the policy changes set forth in such order. </p> <p>Among the order's major provisions are restrictions on the entry of immigrants and nonimmigrants from seven countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) and additional limitations on refugee admissions to the United States. </p> <p>The Department of Homeland Security shall release any alien in custody under authority of such order. Visas or documentation that were revoked or refused under authority of such order shall be reissued or reconsidered as appropriate unless a consular officer knows, or has reason to believe, that the alien is ineligible to receive the visa or documentation under any provision of the immigration laws.</p> <p>The Immigration and Nationality Act is amended to prohibit an alien from being given immigration visa preference, being discriminated against, or being denied U.S. entry or admission based upon religion or lack of religious beliefs.</p> <p>The President may may not exercise his or her authority to suspend or restrict the U.S. entry of aliens or classes of aliens so as to modify the entry, reentry, or admission requirements of an alien having a valid and unexpired: (1) immigrant or nonimmigrant visa, or (2) refugee or legal permanent resident status. </p>

tv_txt: I 115th CONGRESS 1st Session H. R. 1075 IN THE HOUSE OF REPRESENTATIVES February 15, 2017 Ms. Clarke of New York (for herself, Mr. Soto , Mr. Brown of Maryland , Ms. Norton , Ms. Bass , Mr. Kihuen , Ms. Fudge , Mr. Al Green of Texas , Mr. Clyburn , Mr. Thompson of Mississippi , Mr. Veasey , Mr. Evans , Mr. Butterfield , Mr. Meeks , Mr. Cleaver , Mrs. Demings , Ms. Kelly of Illinois , Mr. Lawson of Florida , and Ms. Eddie Bernice Johnson of Texas ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Foreign Affairs , Homeland Security , and Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide that the Executive Order entitled Protecting the Nation from Foreign Terrorist Entry into the United States (January 27, 2017) shall have no force or effect, to prohibit the use of Federal funds to enforce the Executive Order, and for other purposes.

1. Short title This Act may be cited as the Freedom for Refugees Escaping Enmity (FREE) Act . 2. Nullification of effect of executive order (a) In general The Executive Order entitled Protecting the Nation from Foreign Terrorist Entry into the United States (January 27, 2017) ( the Executive Order ), is null and void, shall have no force or effect, and may not be implemented, administered, enforced, or carried out. (b) Effective date Subsection (a) shall take effect as if enacted concurrent with the execution of the Executive Order. (c) No funds available No amounts (including fees) made available to the Secretary of Homeland Security, or to any other official of a Federal agency, by any Act for any fiscal year, may be used to implement, administer, enforce, or carry out (including through the issuance of any regulations) any of the policy changes set forth in the Executive Order. (d) Release of aliens in custody The Secretary of Homeland Security shall release any alien in custody under the authority of the Executive Order. (e) Revoked visas The Secretary of State shall ensure that any visa or other documentation issued to an alien and revoked, or provisionally revoked, under the authority of the Executive Order is reinstated, reissued, or replaced, as appropriate, unless a consular officer knows, or has reason to believe, that the alien is ineligible to receive the visa or documentation under section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) or any other provision of the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )). The Secretary of State shall ensure that, in the case of an alien who was unable to apply for admission before the expiration of the validity of the alien’s visa by reason of the Executive Order, the visa is timely renewed or replaced, as appropriate, in order to afford the alien an opportunity to apply for admission, unless a consular officer knows, or has reason to believe, that the alien is ineligible to receive the visa or documentation under section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) or any other provision of the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )). (f) Visa refusal The Secretary of State shall ensure that any decision by a consular officer to refuse a visa or other documentation under the authority of the Executive Order is reconsidered by the consular officer in order to determine whether the consular officer knows, or has reason to believe, that the alien is ineligible to receive the visa or documentation under section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) or any other provision of the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )). (g) No effect on immigration status or benefits The Executive Order, and any action taken under the authority of the Executive Order, shall not be considered to have modified or otherwise affected the immigration status, or eligibility for any immigration benefit, under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )) of any person. Section 206 the Immigration and Nationality Act ( 8 U.S.C. 1156 ), section 212(a)(9)(A) of such Act ( 8 U.S.C. 1182(a)(9)(A) ), and section 276 of such Act ( 8 U.S.C. 1326 ) shall not be construed to apply to any denial of admission, removal, or departure from the United States under the authority of the Executive Order. No alien may be adversely affected for any withdrawal of an application for admission or other voluntary departure from the United States initiated due to the Executive Order. The registration of any alien may not be terminated under section 203(g) of the Immigration and Nationality Act ( 8 U.S.C. 1153(g) ) if the alien fails timely to apply for an immigrant visa by reason of the Executive Order. 3. Nondiscrimination in the issuance of immigrant visas based on religion Section 202(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(1)(A) ) is amended by inserting religion or lack of religious beliefs, after sex, . 4. Prohibition on denying admission or entry because of religion (a) In general Chapter 2 of title I of the Immigration and Nationality Act ( 8 U.S.C. 1181 et seq.) is amended by inserting after section 219 the following: 220. Prohibition on denying admission or entry because of religion Notwithstanding any other provision of the immigration laws, an alien may not be denied entry, reentry, or admission to the United States because of the alien’s religion or lack of religious beliefs. . (b) Clerical amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 219 the following: Sec. 220. Prohibition on denying admission or entry because of religion. . 5. Limitation on Presidential authority Section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) ) is amended— (1) by striking (f) and inserting (f)(1) ; and (2) by adding at the end the following: (2) (A) Beginning on the date of the enactment of this paragraph, the President, notwithstanding paragraph (1) and section 215(a)(1), may not exercise the President’s authority under such provisions so as to modify the requirements under the immigration laws for entry, reentry, or admission, as applied to an alien having, on the date of such exercise of authority— (i) a valid and unexpired immigrant or nonimmigrant visa; or (ii) valid and unexpired status as— (I) an alien lawfully admitted for permanent residence; (II) a refugee who qualifies for admission, or who has been admitted, under section 207(c)(1); or (III) an alien granted asylum. (B) Nothing in subparagraph (A) shall be construed to affect the authorities under subsections (h) and (i) of section 221. .