Refugee Protection Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2936 To 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. IN THE SENATE OF THE UNITED STATES NOVEMBER 21, 2019 Mr. LEAHY (for himself, Ms. HARRIS, Mr. BOOKER, Ms. HIRONO, Mr. MAR- KEY, Mrs. SHAHEEN, Mrs. GILLIBRAND, Mr. BLUMENTHAL, Mr. CARDIN, Mr. WYDEN, Mrs. MURRAY, Mr. SANDERS, Mr. REED, Mr. MERKLEY, Ms. WARREN, and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for the admission and protection of refugees, asylum seekers, and other vulnerable individuals, to pro- vide for the processing of refugees and asylum seekers in the Western Hemisphere, and to modify certain special immigrant visa programs, 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Refugee Protection Act of 2019’’. 5 VerDate Sep 11 2014 23:23 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2936.IS S2936 kjohnson on DSK79L0C42 with BILLS 2 •S 2936 IS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 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 trans- lators 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 state- ments 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 crimi- nal 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. VerDate Sep 11 2014 23:23 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S2936.IS S2936 kjohnson on DSK79L0C42 with BILLS 3 •S 2936 IS Sec. 144. Designation of certain groups of refugees for resettlement and admis- sion 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 indi- viduals 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. SEC. 2. FINDINGS. 1 Congress makes the following findings: 2 (1) In 2019, the world is in the midst of the 3 worst global displacement crisis in history, with 4 VerDate Sep 11 2014 23:23 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2936.IS S2936 kjohnson on DSK79L0C42 with BILLS 4 •S 2936 IS more than 70,800,000 forcibly displaced persons, in- 1 cluding 25,900,000 refugees worldwide, over half of 2 whom are children, according to estimates from the 3 United Nations High Commissioner for Refugees. 4 (2) In 2018, less than 5 percent of global reset- 5 tlement needs were met despite there being 6 1,400,000 refugees in need of third-country resettle- 7 ment. 8 (3) The United States refugee admissions pro- 9 gram is a life-saving solution that— 10 (A) is critical to global humanitarian ef- 11 forts; 12 (B) strengthens global security; 13 (C) leverages United States foreign policy 14 interests, including diplomatic and strategic in- 15 terests of supporting allies who often host a sig- 16 nificant and disproportionate share of refugees 17 per capita; 18 (D) stabilizes sensitive regions impacted by 19 forced migration by ensuring that the United 20 States shares responsibility for global refugee 21 protection; 22 (E) leverages refugee resettlement in the 23 United States to encourage other countries to 24 VerDate Sep 11 2014 23:23 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2936.IS S2936 kjohnson on DSK79L0C42 with BILLS 5 •S 2936 IS uphold the human rights of refugees, including 1 by ensuring that refugees— 2 (i) have the right to work, the right to 3 an education, and freedom of movement; 4 and 5 (ii) are not returned to a place in 6 which their life or freedom is at risk; 7 (F) serves individuals and families in need 8 of resettlement; 9 (G) provides economic and cultural bene- 10 fits to cities, States, and the United States as 11 a whole; and 12 (H) aligns with the international obliga- 13 tions of the United States, including under— 14 (i) the Convention Relating to the 15 Status of Refugees, done at Geneva July 16 28, 1951 (as made applicable by the Pro- 17 tocol Relating to the Status of Refugees, 18 done at New York January 31, 1967 (19 19 UST 6223)), of which the United States is 20 a party; 21 (ii) the Convention against Torture 22 and Other Cruel, Inhuman or Degrading 23 Treatment or Punishment, done at New 24 VerDate Sep 11 2014 23:23 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2936.IS S2936 kjohnson on DSK79L0C42 with BILLS 6 •S 2936 IS York December 10, 1984, of which the 1 United States is a party; 2 (iii) the Convention relating to the 3 Status of Stateless Persons, done at New 4 York September 28, 1954; and 5 (iv) the Convention on the Reduction 6 of Statelessness, done at New York August 7 30, 1961. 8 (4) The United States has historically been, 9 and should continue to be, a global leader in— 10 (A) responding to displacement crises 11 around the world, including through the provi- 12 sion of robust humanitarian support; 13 (B) promoting the safety, health, and well- 14 being of refugees and displaced persons; 15 (C) welcoming asylum seekers who seek 16 safety and protecting other at-risk migrants, in- 17 cluding survivors of torture, victims of traf- 18 ficking, and stateless people; and 19 (D) working alongside other countries to 20 strengthen protection systems and support. 21 (5) The United States has steadily reduced— 22 (A) access to asylum protection through 23 administrative policy and programmatic 24 changes, including policies and operational deci- 25 VerDate Sep 11 2014 23:23 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2936.IS S2936 kjohnson on DSK79L0C42 with BILLS 7 •S 2936 IS sions aimed at reducing or stopping the ability 1 of asylum seekers to access the United States 2 border; and 3 (B) the resettlement of refugees, by way of 4 two consecutive historically low annual refugee 5 admissions goals after nearly 45 years during 6 which the average annual United States refugee 7 admissions goal was over 95,000 individuals. 8 (6) Refugees are— 9 (A) the most vetted travelers to enter the 10 United States; and 11 (B) subject to extensive screening checks, 12 including in-person interviews, biometric data 13 checks, and multiple interagency checks. 14 (7) For the sake of refugees, asylum seekers, 15 other migrants, United States national diplomatic 16 and strategic interests, and local communities that 17 benefit from the presence of refugees, asylees, and 18 other migrants, it is crucial for the United States to 19 better protect refugees and asylum seekers through 20 reforms, including— 21 (A) asylum reforms that ensure due proc- 22 ess; 23 (B) reforms to border migration enforce- 24 ment, management, and adjudication systems 25 VerDate Sep 11 2014 23:23 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2936.IS S2936 kjohnson on DSK79L0C42 with BILLS 8 •S 2936 IS that integrate stronger protection of, and en- 1 sure due process for, asylum seekers, children, 2 victims of trafficking, stateless people, and 3 other migrants, including— 4 (i) community-based alternatives to 5 detention for asylum seekers and other vul- 6 nerable migrants; 7 (ii) improved detention conditions; 8 (iii) an emphasis on fairness in the ar- 9 rest and adjudication process; 10 (iv) increased access to legal informa- 11 tion and representation; and 12 (v) a stronger commitment to child 13 welfare in staffing and processes; and 14 (C) refugee reforms that— 15 (i) ensure at least the historical aver- 16 age annual refugee admissions goal; 17 (ii) prevent refugee policy that dis- 18 criminates based on race or religion; 19 (iii) improve opportunities for refu- 20 gees to achieve family unity; and 21 (iv) update and strengthen support 22 for refugees and the communities that wel- 23 come refugees. 24 VerDate Sep 11 2014 23:23 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2936.IS S2936 kjohnson on DSK79L0C42 with BILLS 9 •S 2936 IS (8) The people of the United States, and com- 1 munities across the United States, overwhelmingly 2 support refugees and asylum seekers, including peo- 3 ple of faith, members of the Armed Forces, veterans, 4 elected officials, and retired high-ranking officials. 5 SEC. 3. DEFINITIONS. 6 In this Act: 7 (1) ASYLUM SEEKER.— 8 (A) IN GENERAL.—The term ‘‘asylum 9 seeker’’ means— 10 (i) any applicant for asylum under 11 section 208 of the Immigration and Na- 12 tionality Act (8 U.S.C. 1158); 13 (ii) any alien who indicates— 14 (I) an intention to apply for asy- 15 lum under that section; or 16 (II) a fear of persecution; and 17 (iii) any alien who indicates— 18 (I) an intention to apply for with- 19 holding of removal pursuant to— 20 (aa) section 241 of the Im- 21 migration and Nationality Act (8 22 U.S.C. 1231); or 23 (bb) the Convention against 24 Torture and Other Cruel, Inhu- 25 VerDate Sep 11 2014 23:23 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2936.IS S2936 kjohnson on DSK79L0C42 with BILLS 10 •S 2936 IS man or Degrading Treatment or 1 Punishment, done at New York 2 December 10, 1984; or 3 (II) a fear that the alien’s life or 4 freedom would be threatened. 5 (B) INCLUSION.—The term ‘‘asylum seek- 6 er’’ includes any individual described in sub- 7 paragraph (A) whose application for asylum or 8 withholding of removal is pending judicial re- 9 view. 10 (C) EXCLUSION.—The term ‘‘asylum seek- 11 er’’ does not include an individual with respect 12 to whom a final order denying asylum and with- 13 holding of removal has been entered if such 14 order is not pending judicial review. 15 (2) BEST INTEREST DETERMINATION.—The 16 term ‘‘best interest determination’’ means a formal 17 process with procedural safeguards designed to give 18 primary consideration to a child’s best interests in 19 decision making. 20 (3) DEPARTMENT.—The term ‘‘Department’’ 21 means the Department of Homeland Security. 22 (4) INTERNALLY DISPLACED PERSONS.—The 23 term ‘‘internally displaced persons’’ means persons 24 or a group of persons who have been forced to leave 25 VerDate Sep 11 2014 23:23 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2936.IS S2936 kjohnson on DSK79L0C42 with BILLS 11 •S 2936 IS their homes or places of habitual residence, in par- 1 ticular due to armed conflict, generalized violence, 2 violations of human rights, or natural or human- 3 made disasters, and who have not crossed an inter- 4 nationally recognized state border. 5 (5) INTERNATIONAL PROTECTION.—The term 6 ‘‘international protection’’ means asylum status, ref- 7 ugee status, protection under the Convention against 8 Torture and Other Cruel, Inhuman or Degrading 9 Treatment or Punishment, done [Text truncated for display. Full text available on Congress.gov.]