H.R.5210

            




116 HR 5210 IH: Refugee Protection Act of 2019
U.S. House of Representatives
2019-11-21
text/xml
EN
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I116th CONGRESS1st SessionH. R. 5210IN THE HOUSE OF REPRESENTATIVESNovember 21, 2019Ms. Lofgren (for herself, Mr. Nadler, Ms. Jayapal, Mr. Neguse, Mr. Castro of Texas, Mr. Crow, Ms. Dean, Ms. DeLauro, Mr. DeSaulnier, Mr. Engel, Ms. Escobar, Mr. Espaillat, Ms. Garcia of Texas, Mr. Grijalva, Mr. Higgins of New York, Mr. Johnson of Georgia, Mr. Khanna, Mr. Lowenthal, Mr. McGovern, Mrs. Napolitano, Ms. Norton, Mr. Pallone, Mr. Panetta, Mr. Quigley, Mr. Raskin, Mr. Sires, Mr. Smith of Washington, Mr. Swalwell of California, Mrs. Watson Coleman, Mr. Welch, Ms. Tlaib, and Mr. Visclosky) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, the Budget, and Foreign Affairs, 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 concernedA BILLTo provide for the admission and protection of refugees, asylum seekers, and other vulnerable
			 individuals, to provide for the processing of refugees and asylum seekers
			 in the Western Hemisphere, and to modify certain special immigrant visa
			 programs, and for other purposes.
	
		
1.
Short title; table of contents
 (a)
Short title
This Act may be cited as the Refugee Protection Act of 2019. (b)
Table of contents
The table of contents for this Act is as follows:
				
					Sec. 1. Short title; table of contents.
					Sec. 2. Findings.
					Sec. 3. Definitions.
					TITLE I—Admission and protection of refugees, asylum seekers, and other vulnerable individuals
					Subtitle A—Refugees and asylum seekers 
					Sec. 101. Modification of definition of refugee.
					Sec. 102. Multiple forms of relief available to refugees and asylum seekers.
					Sec. 103. Elimination of time limits on asylum applications.
					Sec. 104. Consideration of asylum claims.
					Sec. 105. Transparency in refugee determinations.
					Sec. 106. Employment authorization for asylum seekers and other individuals.
					Sec. 107. Admission of refugees and asylees as lawful permanent residents.
					Subtitle B—Protections for children and families
					Sec. 111. Keeping families together.
					Sec. 112. Protections for minors seeking asylum.
					Sec. 113. Fair day in court for kids.
					Subtitle C—Protections for other vulnerable individuals
					Sec. 121. Modification of physical presence requirements for aliens admitted in special immigrant
			 status for persons who have served as translators for the Armed Forces.
					Sec. 122. Protection of stateless persons in the United States.
					Sec. 123. Protecting victims of terrorism from being defined as terrorists.
					Sec. 124. Protection for aliens interdicted at sea.
					Sec. 125. Enhanced protection for individuals seeking U visas, T visas, and protection under VAWA.
					Subtitle D—Protections relating to removal, detention, and prosecution
					Sec. 131. Prevention of erroneous in absentia orders of removal.
					Sec. 132. Scope and standard for review of removal orders.
					Sec. 133. Presumption of liberty for asylum seekers.
					Sec. 134. Procedures for ensuring accuracy and verifiability of sworn statements taken pursuant to
			 expedited removal authority.
					Sec. 135. Inspections by immigration officers.
					Sec. 136. Study on effect on asylum claims of expedited removal provisions, practices, and
			 procedures.
					Sec. 137. Alignment with Refugee Convention obligations by prohibiting criminal prosecution of
			 refugees.
					Subtitle E—Refugee resettlement 
					Sec. 141. Prioritization of family reunification in refugee resettlement process.
					Sec. 142. Numerical goals for annual refugee admissions.
					Sec. 143. Reform of refugee admissions consultation process.
					Sec. 144. Designation of certain groups of refugees for resettlement and admission of refugees in
			 emergency situations.
					Sec. 145. Refugee resettlement; radius requirements.
					Sec. 146. Study and report on contributions by refugees to the United States.
					Sec. 147. Update of reception and placement grants.
					Sec. 148. Resettlement data.
					Sec. 149. Refugee assistance.
					Sec. 150. Extension of eligibility period for Social Security benefits for certain refugees.
					Sec. 151. United States Emergency Refugee Resettlement Contingency Fund.
					Subtitle F—Miscellaneous provision
					Sec. 161. Authorization of appropriations.
					TITLE II—Refugee and asylum seeker processing in Western Hemisphere
					Sec. 201. Expansion of refugee and asylum seeker processing.
					Sec. 202. Strengthening regional humanitarian responses.
					Sec. 203. Information campaign on dangers of irregular migration.
					Sec. 204. Reporting requirement.
					Sec. 205. Identification, screening, and processing of refugees and other individuals eligible for
			 lawful admission to the United States.
					Sec. 206. Central American Refugee Program.
					Sec. 207. Central American Minors Program.
					Sec. 208. Central American Family Reunification Parole Program.
					Sec. 209. Informational campaign; case status hotline.
					TITLE III—Special immigrant visa programs
					Sec. 301. Improvement of the direct access program for U.S.-affiliated Iraqis.
					Sec. 302. Conversion of certain petitions.
					Sec. 303. Special immigrant visa program reporting requirement.
					Sec. 304. Improvements to application process for Afghan special immigrant visas.
					Sec. 305. Special immigrant status for certain surviving spouses and children.
					Sec. 306. Inclusion of certain special immigrants in the annual refugee survey.
					Sec. 307. United States refugee program priorities.
					Sec. 308. Special immigrant status for certain Syrian who worked for the United States Government
			 in Syria.
					Sec. 309. Special immigrant status reporting requirement.
					Sec. 310. Processing mechanisms.
					TITLE IV—General provisions
					Sec. 401. Authorization of appropriations.
					Sec. 402. Determination of budgetary effects.
 
2.
Findings
Congress makes the following findings: (1)In 2019, the world is in the midst of the worst global displacement crisis in history, with more than 70,800,000 forcibly displaced persons, including 25,900,000 refugees worldwide, over half of whom are children, according to estimates from the United Nations High Commissioner for Refugees.
 (2)In 2018, less than 5 percent of global resettlement needs were met despite there being 1,400,000 refugees in need of third-country resettlement.
 (3)The United States refugee admissions program is a life-saving solution that— (A)is critical to global humanitarian efforts;
 (B)strengthens global security; (C)leverages United States foreign policy interests, including diplomatic and strategic interests of supporting allies who often host a significant and disproportionate share of refugees per capita;
 (D)stabilizes sensitive regions impacted by forced migration by ensuring that the United States shares responsibility for global refugee protection;
 (E)leverages refugee resettlement in the United States to encourage other countries to uphold the human rights of refugees, including by ensuring that refugees—
 (i)have the right to work, the right to an education, and freedom of movement; and (ii)are not returned to a place in which their life or freedom is at risk;
 (F)serves individuals and families in need of resettlement; (G)provides economic and cultural benefits to cities, States, and the United States as a whole; and
 (H)aligns with the international obligations of the United States, including under— (i)the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)), of which the United States is a party;
 (ii)the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, of which the United States is a party;
 (iii)the Convention relating to the Status of Stateless Persons, done at New York September 28, 1954; and
 (iv)the Convention on the Reduction of Statelessness, done at New York August 30, 1961. (4)The United States has historically been, and should continue to be, a global leader in—
 (A)responding to displacement crises around the world, including through the provision of robust humanitarian support;
 (B)promoting the safety, health, and well-being of refugees and displaced persons; (C)welcoming asylum seekers who seek safety and protecting other at-risk migrants, including survivors of torture, victims of trafficking, and stateless people; and
 (D)working alongside other countries to strengthen protection systems and support. (5)The United States has steadily reduced—
 (A)access to asylum protection through administrative policy and programmatic changes, including policies and operational decisions aimed at reducing or stopping the ability of asylum seekers to access the United States border; and
 (B)the resettlement of refugees, by way of two consecutive historically low annual refugee admissions goals after nearly 45 years during which the average annual United States refugee admissions goal was over 95,000 individuals.
 (6)Refugees are— (A)the most vetted travelers to enter the United States; and
 (B)subject to extensive screening checks, including in-person interviews, biometric data checks, and multiple interagency checks.
 (7)For the sake of refugees, asylum seekers, other migrants, United States national diplomatic and strategic interests, and local communities that benefit from the presence of refugees, asylees, and other migrants, it is crucial for the United States to better protect refugees and asylum seekers through reforms, including—
 (A)asylum reforms that ensure due process; (B)reforms to border migration enforcement, management, and adjudication systems that integrate stronger protection of, and ensure due process for, asylum seekers, children, victims of trafficking, stateless people, and other migrants, including—
 (i)community-based alternatives to detention for asylum seekers and other vulnerable migrants; (ii)improved detention conditions;
 (iii)an emphasis on fairness in the arrest and adjudication process; (iv)increased access to legal information and representation; and
 (v)a stronger commitment to child welfare in staffing and processes; and (C)refugee reforms that—
 (i)ensure at least the historical average annual refugee admissions goal; (ii)prevent refugee policy that discriminates based on race or religion;
 (iii)improve opportunities for refugees to achieve family unity; and (iv)update and strengthen support for refugees and the communities that welcome refugees.
 (8)The people of the United States, and communities across the United States, overwhelmingly support refugees and asylum seekers, including people of faith, members of the Armed Forces, veterans, elected officials, and retired high-ranking officials.
 
3.
Definitions
In this Act: (1)
Asylum seeker
 (A)
In general
The term asylum seeker means—
 (i)any applicant for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158); (ii)any alien who indicates—
 (I)an intention to apply for asylum under that section; or (II)a fear of persecution; and
 (iii)any alien who indicates— (I)an intention to apply for withholding of removal pursuant to—
 (aa)section 241 of the Immigration and Nationality Act (8 U.S.C. 1231); or (bb)the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984; or
 (II)a fear that the alien’s life or freedom would be threatened. (B)
Inclusion
The term asylum seeker includes any individual described in subparagraph (A) whose application for asylum or withholding of removal is pending judicial review.
 (C)
Exclusion
The term asylum seeker does not include an individual with respect to whom a final order denying asylum and withholding of removal has been entered if such order is not pending judicial review.
 (2)
Best interest determination
The term best interest determination means a formal process with procedural safeguards designed to give primary consideration to a child’s best interests in decision making.
 (3)
Department
The term Department means the Department of Homeland Security. (4)
Internally displaced persons
The term internally displaced persons means persons or a group of persons who have been forced to leave their homes or places of habitual residence, in particular due to armed conflict, generalized violence, violations of human rights, or natural or human-made disasters, and who have not crossed an internationally recognized state border.
 (5)
International protection
The term international protection means asylum status, refugee status, protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, and other regional protection status available in the Western Hemisphere.
 (6)
Secretary
The term Secretary means the Secretary of Homeland Security.