Afghan Allies Protection Act of 2021

Bill: 117-s-2032
Sponsor: full_name: Sen. Shaheen, Jeanne [D-NH]
Introduced: 2021-06-10
Policy area: Immigration
Subjects: Administrative remedies

Afghanistan

Asia

Conflicts and wars

Congressional oversight

Diplomacy, foreign officials, Americans abroad

Foreign labor

Foreign language and bilingual programs

Immigrant health and welfare

Immigration status and procedures

Medical tests and diagnostic methods

Military operations and strategy

Refugees, asylum, displaced persons

Visas and passports
Latest action: action_date: 2021-06-10
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2021-06-10
action_desc: Introduced in Senate
text: <p><strong>Afghan Allies Protection Act of 2021</strong></p> <p>This bill modifies a program providing special immigrant visas to eligible citizens or nationals of Afghanistan who assisted U.S. efforts there and addresses related issues. </p> <p>The bill extends the program through 2023 and increases the number of visas available. </p> <p>An individual may become eligible for a visa after assisting U.S. efforts in Afghanistan for one year, whereas currently some individuals must have served for two years. Furthermore, for an applicant qualifying for a visa by performing duties with a NATO mission in Afghanistan, the bill eliminates a requirement that the duties performed qualify as sensitive and trusted duties.</p> <p>The bill removes a requirement that the individual has experienced or is facing an ongoing serious threat due to their assistance to the United States or NATO. </p> <p>The Department of State or the Department of Homeland Security may postpone the program's medical examination requirement. An individual who received a postponement must undergo a medical exam within 90 days of admission into the United States. </p> <p>The bill also expands surviving family member benefits for the Afghanistan program (and a similar program for Iraq) to a surviving spouse or child of an individual who submitted an application to the Chief of Mission that would have been approved but for the individual's death. Currently, such survivor benefits only apply if the deceased individual's petition was approved.</p>

tv_txt: II 117th CONGRESS 1st Session S. 2032 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mrs. Shaheen (for herself, Ms. Ernst , Mr. Wicker , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To extend and modify the Afghan Special Immigrant Visa Program, to postpone the medical exam for aliens who are otherwise eligible for such program, to provide special immigrant status for certain surviving spouses and children, and for other purposes.

1. Short title This Act may be cited as the Afghan Allies Protection Act of 2021 . 2. Sense of Congress It is the sense of Congress that— (1) section 1248(h) of the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–181 ; 8 U.S.C. 1157 note) requires the Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense to designate senior coordinating officials, with sufficient expertise, authority, and resources, to carry out duties relating to the issuance of special immigrant visas under that Act and the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; U.S.C. 1101 note); (2) the Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense should take all necessary steps to designate such senior coordinating officials; (3) all criteria relating to the requirements for special immigrant visa applicants under the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–181 ; 8 U.S.C. 1157 note) and the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note) should be implemented on the date of the enactment of this Act; (4) in the case of any individual with respect to whom the Chief of Mission has erroneously denied a request for approval to apply for a special immigrant visa under the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–181 ; 8 U.S.C. 1157 note) or the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note), the Chief of Mission should reopen such requests sua sponte, including for any individual who has— (A) not appealed; (B) submitted an appeal; or (C) had an appeal denied; and (5) appropriate steps should be taken to ensure that applications for such special immigrant visas continue to be processed fairly and expeditiously in the event of a reduction of in-country personnel. 3. Extension and modification of the Afghan Special Immigrant Visa Program Section 602(b) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) by amending clause (ii) to read as follows: (ii) was or is employed in Afghanistan on or after October 7, 2001, for not less than 1 year— (I) by, or on behalf of, the United States Government; or (II) by the International Security Assistance Force (or any successor name for such Force) in a capacity that required the alien, while traveling off-base with United States military personnel stationed at the International Security Assistance Force (or any successor name for such Force), to serve as an interpreter or translator for such United States military personnel; and ; (ii) in clause (iii), by striking ; and and inserting a period; and (iii) by striking clause (iv); (B) in subparagraph (D)(ii)(I)(bb)— (i) in the matter preceding subitem (AA), by inserting per denial or revocation after written appeal ; and (ii) in subitem (AA), by inserting or thereafter at the discretion of the Secretary of State after in writing ; (C) by striking subparagraph (E); and (D) by redesignating subparagraph (F) as subparagraph (E); (2) in paragraph (3)(F)— (A) in the subparagraph heading, by striking 2021 and inserting 2022 ; (B) in the matter preceding clause (i)— (i) by striking exhausted,, and inserting exhausted, ; and (ii) by striking 26,500 and inserting 46,500 ; (C) in clause (i), by striking December 31, 2022 and inserting December 31, 2023; ; and (D) in clause (ii), by striking December 31, 2022 and inserting December 31, 2023; ; (3) in paragraph (4)(A), by inserting , including Chief of Mission approval, after so that all steps ; and (4) in paragraph (13), in the matter preceding subparagraph (A), by striking January 31, 2023 and inserting January 31, 2024 . 4. Postponement of medical exam for Afghan allies who are eligible for special immigrant visas (a) Authorization The Secretary of State or the Secretary of Homeland Security may waive any requirement to undergo a medical exam under section 232 of the Immigration and Nationality ( 8 U.S.C. 1222 ), or any other applicable requirement to undergo a medical exam prior to admission to the United States, for aliens described in section 602(b)(2) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note). (b) Duration A waiver under subsection (a) shall be for a period of 1 year, which may be extended for additional 1-year periods. (c) Requirement for medical exam after admission (1) In general The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall ensure that an alien who does not undergo a medical exam prior to admission to the United States pursuant to this section receives such an exam not later than 90 days after the date on which the alien is admitted to the United States. (2) Report With respect to each such alien, not later than 1 year after the date on which the waiver authority under subsection (a) is exercised, and not later than the date that is 1 year after the date on which any extension under subsection (b) is granted, the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall submit to the appropriate committees of Congress a report on the medical exams undertaken by the alien under paragraph (1). (d) Notification With respect to each alien for whom the Secretary of State or the Secretary of Homeland Security exercises the waiver authority under subsection (a) or extends such a waiver under subsection (b), the Secretary of State or the Secretary of Homeland Security, as applicable, shall notify the appropriate committees of Congress as soon as practicable thereafter. (e) Appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Armed Services, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Homeland Security of the House of Representatives. 5. Special immigrant status for certain surviving spouses and children (a) Immigration and Nationality Act Section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) ) is amended— (1) by striking an immigrant who is an employee and inserting “an immigrant who— (i) is an employee ; and (2) by striking grant such status; and inserting “grant such status; or (ii) is the surviving spouse or child of an employee of the United States Government abroad: Provided , That the employee performed faithful service for a total of not less than 15 years or was killed in the line of duty; . (b) Afghan Allies Protection Act of 2009 Section 602(b)(2)(C) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— (1) in clause (ii), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and moving such items 2 ems to the right; (2) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (3) in the matter preceding subclause (I), as redesignated, by striking An alien is described and inserting the following: (I) In general An alien is described ; (4) in clause (i)(I), as redesignated, by striking who had a petition for classification approved and inserting who had submitted an application to the Chief of Mission ; and (5) by adding at the end the following: (II) Employment requirements An application by a surviving spouse or child of a principal alien shall be subject to employment requirements set forth in subparagraph (A) as of the date of the principal alien’s filing of an application for the first time, or if no application has been filed, the employment requirements as of the date of the principal alien’s death. . (c) Refugee Crisis in Iraq Act of 2007 Section 1244(b)(3) of the Refugee Crisis in Iraq Act of 2007 ( 8 U.S.C. 1157 note) is amended— (1) by striking described in subsection (b) and inserting in this subsection ; (2) in subparagraph (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (3) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (4) in the matter preceding clause (i), as redesignated, by striking An alien is described and inserting the following: (A) In general An alien is described ; (5) in subparagraph (A)(i), as redesignated, by striking who had a petition for classification approved and inserting who submitted an application to the Chief of Mission ; and (6) by adding at the end the following: (B) Employment requirements An application by a surviving spouse or child of a principal alien shall be subject to employment requirements set forth in paragraph (1) as of the date of the principal alien’s filing of an application for the first time, or if the principal alien did not file an application, the employment requirements as of the date of the principal alien’s death. . (d) Effective date The amendments made by this section shall be effective on June 30, 2021, and shall have retroactive effect. 6. Conversion of petitions for special immigrant status for certain Iraqis Section 2 of Public Law 110–242 ( 8 U.S.C. 1101 note) is amended by striking subsection (b) and inserting the following: (b) Duration The authority under subsection (a) shall expire on the date on which the numerical limitation specified under section 1244 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 8 U.S.C. 1157 note) is reached. .