CFRM Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2684 To amend the Immigration and Nationality Act to establish a Cuban family reunification parole program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 20, 2021 Mr. DIAZ-BALART (for himself, Mrs. MURPHY of Florida, Ms. SALAZAR, and Mr. GIMENEZ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to establish a Cuban family reunification parole program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Cuban Family Reunifi- 4 cation Modernization Act of 2021’’ or the ‘‘CFRM Act of 5 2021’’. 6 SEC. 2. FINDINGS; SENSE OF CONGRESS. 7 (a) FINDINGS.—Congress finds the following: 8 VerDate Sep 11 2014 23:08 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2684.IH H2684 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2684 IH (1) The Cuban Family Reunification Parole 1 (CFRP) program, initiated by President George W. 2 Bush in 2007, allows United States citizens or law- 3 ful permanent residents to apply for their family 4 members in Cuba to join them in the United States. 5 (2) The CFRP program has been stalled since 6 September 2017, when the State Department re- 7 duced the staff in Havana in response to severe 8 brain injuries suffered by several members of the 9 U.S. diplomatic community and their families. 10 (3) The United States embassy website cur- 11 rently states that, ‘‘Due to staff reductions at the 12 U.S. Embassy in Havana, Cuba, USCIS has sus- 13 pended operations at its field office in Havana.’’ 14 Most Cuban nationals who apply for U.S. entry 15 must travel to a third country, with all Cuban appli- 16 cations and interviews for immigrant visas handled 17 by the U.S. Embassy in Georgetown, Guyana, re- 18 quiring applicants to incur additional costs such as 19 airfare and lodging. 20 (4) Cuban diplomats and other high-level Com- 21 munist Party operatives applying for diplomatic or 22 official visas may remain in Cuba throughout the 23 visa application process. 24 VerDate Sep 11 2014 23:08 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2684.IH H2684 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2684 IH (5) According to press reports, the United 1 States Navy housed approximately 50,000 migrants 2 at one time on the naval station in Guantanamo 3 Bay, Cuba in 1994. 4 (6) The United States State Department hires 5 local Cuban nationals at the United States embassy 6 in Havana, Cuba some of whom have, according to 7 accounts, intimidated those attempting to meet with 8 personnel of the United States. The use of such re- 9 gime-provided Cuban nationals at the United States 10 embassy in Havana, Cuba should be minimized to 11 the greatest extent possible. 12 (7) The regime in Cuba holds an egregious 13 human rights record marred by repression of speech, 14 religious belief, labor rights, as well as arbitrary de- 15 tentions, inhumane prison conditions, beatings, and 16 other acts of repudiation. 17 (8) The regime in Cuba places severe restric- 18 tions on basic human rights and liberties resulting 19 in an oppressive environment with widespread fear 20 of reprisal for expressing opposition to the regime. 21 (9) According to U.S. State Department Report 22 004246 of March 2021, ‘‘nearly all Cubans wishing 23 to travel to the United States must apply for their 24 visas outside of Cuba,’’ and further that ‘‘the De- 25 VerDate Sep 11 2014 23:08 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2684.IH H2684 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2684 IH partment recognizes the necessity to leave Cuba to 1 apply for a U.S. visa is a barrier many Cubans are 2 unable or unwilling to surmount.’’. 3 (b) SENSE OF CONGRESS.—It is the sense of Con- 4 gress that no applicant should be discriminated against 5 on the basis of race, age, disability, religion, sexual ori- 6 entation, gender identity, or sex characteristics, and that 7 discrimination based on race, political opinion, religious 8 belief, or association with a targeted group and hate 9 crimes and other forms of discrimination against vulner- 10 able communities, including LGBTQ people, are human 11 rights abuses. 12 SEC. 3. CUBAN FAMILY REUNIFICATION PAROLE PROGRAM. 13 Chapter 2 of title II of the Immigration and Nation- 14 ality Act (8 U.S.C. 1181 et. seq.) is amended by inserting 15 after section 214 the following new section: 16 ‘‘SEC. 214A. CUBAN FAMILY REUNIFICATION PAROLE PRO- 17 GRAM. 18 ‘‘(a) ESTABLISHMENT.—Pursuant to the authority 19 established under section 212(d)(5), the Secretary of 20 Homeland Security shall establish a Cuban family reunifi- 21 cation program under which the Secretary may grant pa- 22 role to a qualified beneficiary on whose behalf a petition 23 has been approved. 24 ‘‘(b) PETITION PROCESS.— 25 VerDate Sep 11 2014 23:08 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2684.IH H2684 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2684 IH ‘‘(1) IN GENERAL.—A petitioner may submit an 1 application to the Secretary of Homeland Security 2 for a qualified beneficiary to be paroled into the 3 United States prior to the date on which an immi- 4 grant visa is available for such beneficiary. 5 ‘‘(2) INTERVIEW.—The Secretary of Homeland 6 Security, in consultation with the Department of 7 State, shall conduct an interview of a qualified bene- 8 ficiary to ensure that such beneficiary— 9 ‘‘(A) is eligible for the Cuban family reuni- 10 fication program; 11 ‘‘(B) is admissible to the United States; 12 ‘‘(C) has passed a medical examination; 13 and 14 ‘‘(D) has passed criminal and national se- 15 curity background checks required by the Sec- 16 retary of Homeland Security for admission into 17 the United States. 18 ‘‘(3) IDENTITY VERIFICATION.—To be eligible 19 for the Cuban family reunification program, a quali- 20 fied beneficiary shall provide— 21 ‘‘(A) a passport issued by the government 22 of Cuba, as applicable; and 23 ‘‘(B) other documents required by the Sec- 24 retary of Homeland Security to demonstrate 25 VerDate Sep 11 2014 23:08 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2684.IH H2684 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2684 IH that the qualified beneficiary is eligible for pa- 1 role under the Cuban family reunification pro- 2 gram. 3 ‘‘(4) EXCEPTION FOR HUMAN RIGHTS VIOLA- 4 TORS.—Paragraph (1) shall not apply to a qualified 5 beneficiary who has committed a gross violation of 6 internationally recognized human rights, as de- 7 scribed under section 502B(d)(1) of the Foreign As- 8 sistance Act of 1961 (22 U.S.C. 2304(d)(1)). 9 ‘‘(c) TRAVEL DOCUMENTS.—The Secretary of State 10 shall issue necessary travel documents for the qualified 11 beneficiary to travel to the United States and seek parole 12 from the Department of Homeland Security at a port of 13 entry of the United States. 14 ‘‘(d) DURATION OF PAROLE.—Parole granted under 15 this section shall be for a 2-year period for a qualified 16 beneficiary who is a Cuban national. 17 ‘‘(e) WORK AUTHORIZATION.—A qualified bene- 18 ficiary is eligible to apply to the Secretary of Homeland 19 Security for work authorization. 20 ‘‘(f) FEES.—The Secretary of State may require pay- 21 ment of a reasonable fee as a condition of participation 22 in the Cuban family reunification program. 23 ‘‘(g) PRIORITY PROCESSING.— 24 VerDate Sep 11 2014 23:08 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2684.IH H2684 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2684 IH ‘‘(1) TERMINAL ILLNESS.—The Secretary of 1 Homeland Security, in coordination with the Sec- 2 retary of State, shall take all reasonable measures to 3 prioritize a petition for a qualified beneficiary to be 4 paroled into the United States if the petitioner— 5 ‘‘(A) has a terminal illness; and 6 ‘‘(B) the petitioner can provide documenta- 7 tion of such illness to the Secretary of Home- 8 land Security. 9 ‘‘(2) MINOR CHILDREN.—The Secretary of 10 Homeland Security, in coordination with the Sec- 11 retary of State, shall take all reasonable measures to 12 prioritize a petition for a qualified beneficiary to be 13 paroled into the United States if such qualified ben- 14 eficiary— 15 ‘‘(A) is a minor child; and 16 ‘‘(B) has a custodial parent who is the 17 beneficiary of an immigrant visa and such visa 18 will expire prior to the date of the interview 19 under subsection (b)(2) for the minor child. 20 ‘‘(h) PROCESSING IMMIGRATION PETITIONS AND AP- 21 PLICATIONS AT UNITED STATES NAVAL STATION, GUAN- 22 TANAMO BAY, CUBA.— 23 ‘‘(1) IN GENERAL.—Notwithstanding any other 24 provision of law, beginning not later than 120 days 25 VerDate Sep 11 2014 23:08 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2684.IH H2684 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2684 IH after the date of the enactment of the Cuban Family 1 Reunification Modernization Act of 2021 and ending 2 on the date specified in paragraph (7), the Secretary 3 of Homeland Security, in consultation with the Sec- 4 retary of State and the Secretary of Defense, may 5 operate a facility to process immigration petitions 6 and applications for Cuban nationals, including con- 7 ducting in-person interviews as necessary for such 8 petitions and applications, at the United States 9 Naval Station, Guantanamo Bay, Cuba (hereinafter 10 referred to as the ‘U.S. Naval Station’). Provided, 11 That the Secretary of Defense certifies that oper- 12 ating consular services at the U.S. Naval Station 13 would not hinder ordinary operations or pose a 14 threat to national security. 15 ‘‘(2) APPOINTMENT.—A Cuban national shall 16 be permitted to enter the U.S. Naval Station only 17 with an appointment notice from the Department of 18 Homeland Security or the Department of State. 19 ‘‘(3) EMPLOYMENT OF CUBAN NATIONALS.—In 20 carrying out the requirement under paragraph (1), 21 the United States Government shall not employ a 22 Cuban national recommended by the Communist re- 23 gime in Cuba. 24 VerDate Sep 11 2014 23:08 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2684.IH H2684 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2684 IH ‘‘(4) PORT OF ENTRY.—The U.S. Naval Station 1 shall not be considered to be a port of entry into the 2 United States. 3 ‘‘(5) FUNDING.—Beginning on the date that is 4 60 days after the enactment of this Act, funds au- 5 thorized for the processing of immigration petitions 6 or applications at the United States Embassy in Ha- 7 vana, Cuba are authorized to fund the processing of 8 immigration petitions or applications at the U.S. 9 Naval Station. 10 ‘‘(6) OPERATION AND SECURITY OF UNITED 11 STATES NAVAL STATION, GUANTANAMO BAY, 12 CUBA.—If the Commander of the U.S. Naval Station 13 finds that the operation and security of the U.S. 14 Naval Station is impaired by a high number of 15 Cuban nationals attempting to access consular serv- 16 ices described in paragraph (1), without an appoint- 17 ment, the Commander of the U.S. Naval Station 18 may cease operating a facility to provide consular 19 services until such facility and services may be pro- 20 vided without impairing the operation and security 21 of the U.S. Naval Station. 22 ‘‘(7) DATE SPECIFIED.—The date specified in 23 this paragraph is the date that is 60 days after the 24 date which the Secretary of State determines that 25 VerDate Sep 11 2014 23:08 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2684.IH H2684 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2684 IH other accommodations have been made to allow for 1 the regular and timely processing of immigration pe- 2 titions or applications on the island of Cuba. 3 ‘‘(i) DEFINITIONS.—In this section: 4 ‘‘(1) PETITIONER.—The term ‘petitioner’ 5 means an individual who is a citizen or lawful per- 6 manent resident of the United States and who has 7 an approved Form I–130, Petition for Alien Relative 8 (or any successor form), for a qualified beneficiary. 9 ‘‘(2) QUALIFIED BENEFICIARY.—The term 10 ‘qualified beneficiary’ means an individual— 11 ‘‘(A) who is a Cuban national living in 12 Cuba, or a minor child, who may or may not be 13 living in Cuba, of a Cuban national parent; and 14 ‘‘(B) who is the beneficiary of a petition, 15 filed by the petitioner, for status as a lawful 16 permanent resident by reason of a relationship 17 described in section 203(a). 18 ‘‘(3) MINOR CHILD.—The term ‘minor child’ 19 means an individual under the age of 21 years old.’’. 20 Æ VerDate Sep 11 2014 23:08 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H2684.IH H2684 pbinns on DSKJLVW7X2PROD with BILLS