Stateless Protection Act of 2022

Bill: 117-s-5330
Sponsor: full_name: Sen. Cardin, Benjamin L. [D-MD]
Introduced: 2022-12-21
Policy area: Immigration
Latest action: action_date: 2022-12-21
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2022-12-21
action_desc: Introduced in Senate
text: <p><strong>Stateless Protection Act of 2022</strong></p> <p>This bill provides protections for stateless persons (a person who is not considered a national of any state by that state's law). For example, the bill establishes stateless protected status, which shall provide protections against deportation and other benefits to certain stateless persons present in the United States who meet certain criteria.</p>

tv_txt: II 117th CONGRESS 2d Session S. 5330 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Cardin introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect stateless persons in the United States, and for other purposes.

1. Short title This Act may be cited as the Stateless Protection Act of 2022 . 2. Purposes The purposes of this Act are— (1) to resolve the status of stateless persons in the United States and to promote their access to fundamental human rights and human dignity; and (2) to prevent statelessness from occurring under United States law or on United States territory. 3. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) The international community has recognized the significance of the right to a nationality in the International Covenant on Civil and Political Rights, done at New York December 16, 1966, to which the United States is a signatory, as well as the Universal Declaration of Human Rights and numerous international treaties, including the Convention Relating to the Status of Stateless Persons, done at New York September 28, 1954, and the Convention on the Reduction of Statelessness, done at New York August 30, 1961. (2) Statelessness is an abhorrent violation of fundamental human rights and human dignity, and a life of statelessness has been recognized by the Supreme Court of the United States as a form of punishment more primitive than torture. (3) Government action and inaction causes statelessness; therefore, governments have the power to resolve and prevent statelessness. (4) The United Nations High Commissioner for Refugees— (A) is the United Nations agency responsible for preventing and reducing statelessness; and (B) estimates that there are more than 4,200,000 stateless persons worldwide. (5) A 2020 study found that there are approximately 218,000 individuals living in the United States who are stateless or at risk of statelessness. (6) Stateless individuals live in all 50 States, and many such individuals have lived in the United States for years or decades without relief. (7) Despite the presence of stateless persons in the United States, there is no law relating to the identification of stateless persons in the United States or to provide them with a path to legal status. (8) Stateless persons generally— (A) live without the means to work legally or to travel; and (B) face barriers in opening bank accounts, pursuing higher education, and obtaining health care. (9) If detained for removal from the United States, a stateless person is often subjected to prolonged detention and cannot be removed because no country recognizes the person as its citizen. (b) Sense of Congress It is the sense of Congress that to resolve statelessness and its related human suffering, lost potential, and societal impacts, the United States should— (1) provide a legal status to protect stateless persons; and (2) urge the international community to take strong action to prevent statelessness globally. 4. Protection of stateless persons in the United States (a) In general Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245A the following: 245B. Protection of stateless persons in the United States (a) Definitions In this section: (1) Competent authority With respect to a foreign country, the term competent authority — (A) means the authority responsible for— (i) conferring nationality on, or withdrawing nationality from, individuals; or (ii) in the case of nationality having been acquired or withdrawn automatically, clarifying the nationality status of an individual; and (B) includes a Federal, local, or regional government entity, a consular official, and a government official at any level, notwithstanding any process by which a decision by such an entity or official may later be overridden. (2) National; nationality The terms national and nationality — (A) refer to a formal link, of a political and legal character, between an individual and a country; and (B) do not include the concept of nationality relating to membership in a religious, linguistic, or ethnic group. (3) Noncitizen The term noncitizen has the meaning given the term alien in section 101(a). (4) Operation of law; operation of its law The terms operation of law and operation of its law — (A) refer to the consideration by a competent authority of a country with respect to an individual in practice, including under the legislation, ministerial decrees, regulations, orders, judicial case law, and customary practices of the competent authority; and (B) include situations in which the position of the competent authority differs from the law as written, if the position of the competent authority that an individual is not a national of the country is determinative. (5) Relevant association The term relevant association means a natural person’s connection to a country through— (A) birth on the territory of the country; (B) descent from 1 or more individuals who are nationals of the country; (C) marriage to an individual who is a national of the country; (D) adoption by an individual who is a national of the country; or (E) habitual residence in the country. (6) Stateless person The term stateless person means an individual who is not considered as a national by any state under the operation of its law. (b) Mechanisms for regularizing the status of stateless persons (1) Stateless protected status (A) Principal applicants Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide stateless protected status to a noncitizen who— (i) is a stateless person present in the United States; (ii) applies for such relief; (iii) has not formally renounced his or her nationality as a result of voluntary, affirmative, and intentional action after arrival in the United States and after the date of the enactment of this section, unless the renunciation was the result of duress, coercion, or a reasonable expectation that the noncitizen had acquired or would acquire another nationality or citizenship; (iv) is not inadmissible under 212(a)(3), except as provided in paragraph (2) of this subsection; and (v) is not described in section 241(b)(3)(B)(i). (B) Treatment of spouse and children Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide stateless protected status to a noncitizen who— (i) is the spouse or child of a noncitizen described in subparagraph (A), if such spouse or child is not otherwise eligible for admission under that subparagraph; (ii) is accompanying, or following to join, such noncitizen; (iii) established the qualifying relationship to such noncitizen before the date on which such noncitizen applied for stateless protected status; (iv) is not inadmissible under 212(a)(3), except as provided in paragraph (2) of this subsection; and (v) is not described in section 241(b)(3)(B)(i). (C) Stateless protected status Noncitizens with stateless protected status— (i) shall— (I) receive relevant protections against deportation, removal, and detention, as described in paragraph (3); (II) be authorized for employment, as described in paragraph (4); and (III) be eligible to apply for a travel document, as described in paragraph (5); and (ii) shall not face limitations from immigration enforcement officials on their domestic travel. (D) Concurrent grant of lawful permanent residence (i) In general Except as provided in clause (ii), notwithstanding any other provision of law, immediately on granting stateless protected status to a noncitizen, the Secretary of Homeland Security shall adjust the status of the noncitizen to that of a noncitizen lawfully admitted for permanent residence. (ii) Exception The Secretary of Homeland Security may not adjust the status of a noncitizen with stateless protected status who is inadmissible under section 212(a)(2). (2) Waivers (A) In general Notwithstanding any other provision of law, the Secretary of Homeland Security may, for humanitarian purposes, in the interests of access to fundamental or enabling rights, to ensure family unity, or when it is otherwise in the public interest, waive the operation of the grounds of inadmissibility set forth in paragraphs (2) and (3) of section 212(a), for relief under this section. (B) Factors In making a determination under subparagraph (A), the Secretary of Homeland Security shall consider all relevant factors, including— (i) mitigating and aggravating factors of the basis for inadmissibility; (ii) the duration of the noncitizen’s residence in the United States; and (iii) the degree to which the noncitizen’s removal, or denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members. (3) Release from post-removal detention A grant of stateless protected status under this section shall— (A) trigger immediate release of an individual from post-removal detention; (B) be considered to establish that there is no significant likelihood of the individual's removal in the reasonably foreseeable future; and (C) establish a presumption that travel documents are not available for the individual. (4) Employment authorization (A) In general An individual granted stateless protected status under this section shall receive employment authorization for a renewable period not less than 5 years. (B) Pending application (i) In general During the 150-day period after the date on which an application for status under this section is submitted, the Secretary of Homeland Security may authorize the applicant to engage in employment in the United States. (ii) Mandatory employment authorization If the Secretary of Homeland Security has not issued a decision within the 150-day period beginning on the date on which an application for status under this section is submitted, the Secretary of Homeland Security shall authorize the applicant to engage in employment in the United States until the date on which a decision is issued on the application for lawful permanent residence or stateless protected status. (5) Travel documents (A) In general On request, the Secretary of Homeland Security shall provide to any noncitizen granted relief under this section, a travel document that facilitates the noncitizen’s ability to travel abroad and to be admitted to the United States upon return. (B) Validity The minimum period of validity for a document issued under subparagraph (A) shall be 10 years. (6) Naturalization Notwithstanding any other provision of law, an individual granted lawful permanent residence status under paragraph (1)(D) may apply for naturalization after having resided continuously in the United States for at least 3 years beginning on the date on which such individual is granted lawful permanent resident status. (c) Evidentiary matters (1) In general In determining if an individual is a stateless person under this section, the Secretary of Homeland Security shall consider and obtain any credible evidence relevant to the application, including information from— (A) the Department of State, particularly the Bureau of Population, Refugees, and Migration and the Bureau of Democracy, Human Rights, and Labor; and (B) relevant international and foreign bodies, such as the United Nations High Commissioner for Refugees, nongovernmental organizations, and the competent authorities of other countries. (2) Designation of specific groups of stateless persons The Secretary of Homeland Security, in consultation with the Secretary of State, may designate 1 or more specific groups of individuals who shall be considered stateless persons for purposes of this section, and a noncitizen who belongs to a group so designated shall be considered a stateless person. (3) Burden of proof The burden of proof with respect to evidentiary matters relating to an application under this section shall be shared between the Secretary of Homeland Security and the applicant. (4) Standard of proof (A) In general A noncitizen shall be considered to be a stateless person if it is established to a reasonable degree that the noncitizen meets the definition of the term stateless person under this section. (B) Assessment of nationality The nationality of an individual shall be assessed as of the date on which a determination of eligibility under this section is made. (5) Submission of documentary evidence (A) Supporting documents from applicant An applicant for relief under this section shall submit, as part of the application for such relief— (i) a full and truthful account, to the best of the noncitizen’s knowledge, of such noncitizen’s legal status with regard to any country in which the applicant was born or resided before entering the United States or to which the applicant has a relevant association; and (ii) all evidence reasonably available, including any valid or expired travel document. (B) Evidence available to secretary of homeland security The Secretary of Homeland Security shall obtain and submit to the immigration officer or immigration judge and the applicant or, as applicable, the applicant’s counsel, all available evidence regarding the legal status of the applicant in the applicant’s country of birth or prior residence or any country to which the applicant has a relevant association, including information on the relevant laws and practices of the countries concerned. (C) Consideration of response The Secretary of Homeland Security may consider as substantial evidence that an individual is not considered by a country to be national of the country the following: (i) After 120 days have elapsed after the Secretary of Homeland Security has requested information from the country with respect to the nationality status of the individual, the lack of response from the competent authority of the country. (ii) A pro forma response from the country that lacks an application of the law or facts to the particular individual. (iii) The refusal of the country to accept the individual for deportation or removal. (d) Fees The Secretary of Homeland Security may not charge a noncitizen any fee in connection with an application for, or issuance of, lawful status under this section, employment authorization, or travel documents. (e) Jurisdiction and review (1) In general The Director of U.S. Citizenship and Immigration Services shall have jurisdiction over an application for stateless protected status and adjustment of status filed by a noncitizen under this section. (2) Review A denial by the Secretary of Homeland Security of an application for relief under this section shall be subject to review by the Administrative Appeals Office of U.S. Citizenship and Immigration Services. (f) Effect on removal proceedings With respect to a noncitizen in removal proceedings who files an application for relief under this section, the Attorney General shall postpone the removal proceedings pending the adjudication of the application. (g) Applicants with final orders of removal (1) Motions to reopen (A) In general A noncitizen whose removal, deportation, or exclusion proceedings were concluded before the date of the enactment of this section, and who is eligible for relief under this section, may file 1 motion to reopen proceedings to apply for such relief not later than 1 year after the date of the enactment of this section. (B) Effect of limitations A time or numerical limitation on motions to reopen removal, deportation, or exclusion proceedings may not be construed to restrict the filing of a motion to reopen under this paragraph if such limitation is based on previously unavailable evidence or facts, or on changed facts or circumstances, including a discovery by a noncitizen that the noncitizen may be a stateless person. (2) Stay of removal (A) In general An applicant for relief under this section who has been issued a final order of removal, deportation, or exclusion may request a stay of removal, deportation, or exclusion. (B) Consideration of request With respect to an individual who requests a stay under subparagraph (A), if the Secretary of Homeland Security determines that the application for relief is bona fide, the Secretary shall automatically stay the execution of the final order of deportation, exclusion, or removal, and the stay will remain in effect until a final decision is made on the applications. (C) Effect of denial If the application is denied, the stay of the final order is deemed lifted as of the date of such denial, without regard to whether the noncitizen appeals the decision. (3) Termination On the grant of an application for relief under this section to a noncitizen with a final order of removal, deportation, or exclusion, the final order shall be deemed canceled by operation of law as of the date of the approval. (h) Exclusion from numerical limitations Individuals provided status under this section shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4). (i) Rule of construction Nothing in this section may be construed to authorize or require the admission of any noncitizen to the United States. (j) Reports (1) In general Not later than 120 days after the date of the enactment of this section, and every 90 days thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on— (A) the number of applications submitted under each of paragraphs (1), (4), and (5) of subsection (b) since the date of the enactment of this section, disaggregated by the country of birth of the applicants; and (B) average timelines for processing each such application. (2) Public availability The Secretary of Homeland Security shall publish each report submitted under paragraph (1) on the internet website of the Department of Homeland Security, respectively. (k) Publication of guidance Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish all policy manuals, guidance, and application instructions relating to applications under this section on the internet website of the Department of Homeland Security. (l) Regulations The Secretary of Homeland Security may issue such regulations as the Secretary of Homeland Security considers appropriate to carry out this section. . (b) Technical and conforming amendments (1) Table of contents 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 245A the following: Sec. 245B. Protection of stateless persons in the United States. . (2) Exception for unlawful presence of stateless persons Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B)(iii) ) is amended by adding at the end the following: (V) Stateless persons Clause (i) shall not apply to a noncitizen who demonstrates that he or she is a stateless person (as defined in section 245B(a)). . 5. Prevention of statelessness (a) Births to united states citizens overseas Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) is amended— (1) in subsection (g), by striking ; and and inserting a semicolon; (2) in subsection (h), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (i) a person born to a citizen of the United States outside the United States or in an outlying possession of the United States, if such person is born as a stateless person (as defined in section 245B(a)). . (b) Foundlings Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) is further amended by striking subsection (f) and inserting the following: (f) a person of unknown parentage found in the United States while under the age of 18 years, until shown, prior to the person attaining the age of 21 years, not to have been born in the United States; . (c) Stateless safeguards for derivative citizenship and international adoptions (1) Stateless safeguards Section 320 of the Immigration and Nationality Act ( 8 U.S.C. 1431 ) is amended by adding at the end the following: (e) (1) Notwithstanding any other provision of law, a person born outside the United States or in an outlying possession who is or becomes a stateless person (as defined in section 245B(a)) automatically becomes a citizen of the United States on the date on which one of the following conditions has been fulfilled: (A) One parent is or was a citizen of the United States. (B) The person was adopted by— (i) a citizen of the United States; or (ii) an individual who became a citizen of the United States after the date of such adoption. (2) This subsection applies to any person who meets the criteria under paragraph (1) at any time. . (2) Age Section 320(a) of the Immigration and Nationality Act ( 8 U.S.C. 1431(a) ) is amended by striking paragraph (2) and inserting the following: (2) The child is under the age of 21 years. . (3) Entry and custody Section 320(a) of the Immigration and Nationality Act ( 8 U.S.C. 1431(a) ) is further amended by striking paragraph (3) and inserting the following: (3) The child is residing in the United States, and provided such child is under the legal age of adulthood in the State in which the parent of the child or the child resides, is in the legal and physical custody of the citizen parent. . (d) Programs To prevent statelessness The Secretary of Homeland Security and Secretary of State shall jointly establish and carry out initiatives to prevent statelessness from occurring, which may include— (1) an assessment of United States citizenship law to determine and amend any provision of law that results in statelessness or a delayed acquisition of nationality that increases the risk of statelessness; (2) studies on the profiles and number of stateless people living in the United States; (3) programs to promote inclusive and nondiscriminatory nationality laws and practices in other countries, with particular attention to the prevention of atrocity crimes; (4) programs to encourage other countries to establish stateless status determination and protection legislation; and (5) grants to universities and nongovernmental organizations to accelerate research, education, curricula, and knowledge on nationality law and practice and statelessness.