Refugee Protection Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5210 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 HOUSE OF REPRESENTATIVES NOVEMBER 21, 2019 Ms. 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. NAPOLI- TANO, Ms. NORTON, Mr. PALLONE, Mr. PANETTA, Mr. QUIGLEY, Mr. RASKIN, Mr. SIRES, Mr. SMITH of Washington, Mr. SWALWELL of Cali- fornia, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. TLAIB, and Mr. VIS- CLOSKY) introduced the following bill; which was referred to the Com- mittee 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 provi- sions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210 kjohnson on DSK79L0C42 with BILLS 2 •HR 5210 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Refugee Protection Act of 2019’’. 3 (b) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 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. VerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H5210.IH H5210 kjohnson on DSK79L0C42 with BILLS 3 •HR 5210 IH 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 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 VerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210 kjohnson on DSK79L0C42 with BILLS 4 •HR 5210 IH (1) In 2019, the world is in the midst of the 1 worst global displacement crisis in history, with 2 more than 70,800,000 forcibly displaced persons, in- 3 cluding 25,900,000 refugees worldwide, over half of 4 whom are children, according to estimates from the 5 United Nations High Commissioner for Refugees. 6 (2) In 2018, less than 5 percent of global reset- 7 tlement needs were met despite there being 8 1,400,000 refugees in need of third-country resettle- 9 ment. 10 (3) The United States refugee admissions pro- 11 gram is a life-saving solution that— 12 (A) is critical to global humanitarian ef- 13 forts; 14 (B) strengthens global security; 15 (C) leverages United States foreign policy 16 interests, including diplomatic and strategic in- 17 terests of supporting allies who often host a sig- 18 nificant and disproportionate share of refugees 19 per capita; 20 (D) stabilizes sensitive regions impacted by 21 forced migration by ensuring that the United 22 States shares responsibility for global refugee 23 protection; 24 VerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210 kjohnson on DSK79L0C42 with BILLS 5 •HR 5210 IH (E) leverages refugee resettlement in the 1 United States to encourage other countries to 2 uphold the human rights of refugees, including 3 by ensuring that refugees— 4 (i) have the right to work, the right to 5 an education, and freedom of movement; 6 and 7 (ii) are not returned to a place in 8 which their life or freedom is at risk; 9 (F) serves individuals and families in need 10 of resettlement; 11 (G) provides economic and cultural bene- 12 fits to cities, States, and the United States as 13 a whole; and 14 (H) aligns with the international obliga- 15 tions of the United States, including under— 16 (i) the Convention Relating to the 17 Status of Refugees, done at Geneva July 18 28, 1951 (as made applicable by the Pro- 19 tocol Relating to the Status of Refugees, 20 done at New York January 31, 1967 (19 21 UST 6223)), of which the United States is 22 a party; 23 (ii) the Convention against Torture 24 and Other Cruel, Inhuman or Degrading 25 VerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210 kjohnson on DSK79L0C42 with BILLS 6 •HR 5210 IH Treatment or Punishment, done at New 1 York December 10, 1984, of which the 2 United States is a party; 3 (iii) the Convention relating to the 4 Status of Stateless Persons, done at New 5 York September 28, 1954; and 6 (iv) the Convention on the Reduction 7 of Statelessness, done at New York August 8 30, 1961. 9 (4) The United States has historically been, 10 and should continue to be, a global leader in— 11 (A) responding to displacement crises 12 around the world, including through the provi- 13 sion of robust humanitarian support; 14 (B) promoting the safety, health, and well- 15 being of refugees and displaced persons; 16 (C) welcoming asylum seekers who seek 17 safety and protecting other at-risk migrants, in- 18 cluding survivors of torture, victims of traf- 19 ficking, and stateless people; and 20 (D) working alongside other countries to 21 strengthen protection systems and support. 22 (5) The United States has steadily reduced— 23 (A) access to asylum protection through 24 administrative policy and programmatic 25 VerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210 kjohnson on DSK79L0C42 with BILLS 7 •HR 5210 IH changes, including policies and operational deci- 1 sions aimed at reducing or stopping the ability 2 of asylum seekers to access the United States 3 border; and 4 (B) the resettlement of refugees, by way of 5 two consecutive historically low annual refugee 6 admissions goals after nearly 45 years during 7 which the average annual United States refugee 8 admissions goal was over 95,000 individuals. 9 (6) Refugees are— 10 (A) the most vetted travelers to enter the 11 United States; and 12 (B) subject to extensive screening checks, 13 including in-person interviews, biometric data 14 checks, and multiple interagency checks. 15 (7) For the sake of refugees, asylum seekers, 16 other migrants, United States national diplomatic 17 and strategic interests, and local communities that 18 benefit from the presence of refugees, asylees, and 19 other migrants, it is crucial for the United States to 20 better protect refugees and asylum seekers through 21 reforms, including— 22 (A) asylum reforms that ensure due proc- 23 ess; 24 VerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210 kjohnson on DSK79L0C42 with BILLS 8 •HR 5210 IH (B) reforms to border migration enforce- 1 ment, management, and adjudication systems 2 that integrate stronger protection of, and en- 3 sure due process for, asylum seekers, children, 4 victims of trafficking, stateless people, and 5 other migrants, including— 6 (i) community-based alternatives to 7 detention for asylum seekers and other vul- 8 nerable migrants; 9 (ii) improved detention conditions; 10 (iii) an emphasis on fairness in the ar- 11 rest and adjudication process; 12 (iv) increased access to legal informa- 13 tion and representation; and 14 (v) a stronger commitment to child 15 welfare in staffing and processes; and 16 (C) refugee reforms that— 17 (i) ensure at least the historical aver- 18 age annual refugee admissions goal; 19 (ii) prevent refugee policy that dis- 20 criminates based on race or religion; 21 (iii) improve opportunities for refu- 22 gees to achieve family unity; and 23 VerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210 kjohnson on DSK79L0C42 with BILLS 9 •HR 5210 IH (iv) update and strengthen support 1 for refugees and the communities that wel- 2 come refugees. 3 (8) The people of the United States, and com- 4 munities across the United States, overwhelmingly 5 support refugees and asylum seekers, including peo- 6 ple of faith, members of the Armed Forces, veterans, 7 elected officials, and retired high-ranking officials. 8 SEC. 3. DEFINITIONS. 9 In this Act: 10 (1) ASYLUM SEEKER.— 11 (A) IN GENERAL.—The term ‘‘asylum 12 seeker’’ means— 13 (i) any applicant for asylum under 14 section 208 of the Immigration and Na- 15 tionality Act (8 U.S.C. 1158); 16 (ii) any alien who indicates— 17 (I) an intention to apply for asy- 18 lum under that section; or 19 (II) a fear of persecution; and 20 (iii) any alien who indicates— 21 (I) an intention to apply for with- 22 holding of removal pursuant to— 23 VerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210 kjohnson on DSK79L0C42 with BILLS 10 •HR 5210 IH (aa) section 241 of the Im- 1 migration and Nationality Act (8 2 U.S.C. 1231); or 3 (bb) the Convention against 4 Torture and Other Cruel, Inhu- 5 man or Degrading Treatment or 6 Punishment, done at New York 7 December 10, 1984; or 8 (II) a fear that the alien’s life or 9 freedom would be threatened. 10 (B) INCLUSION.—The term ‘‘asylum seek- 11 er’’ includes any individual described in sub- 12 paragraph (A) whose application for asylum or 13 withholding of removal is pending judicial re- 14 view. 15 (C) EXCLUSION.—The term ‘‘asylum seek- 16 er’’ does not include an individual with respect 17 to whom a final order denying asylum and with- 18 holding of removal has been entered if such 19 order is not pending judicial review. 20 (2) BEST INTEREST DETERMINATION.—The 21 term ‘‘best interest determination’’ means a formal 22 process with procedural safeguards designed to give 23 primary consideration to a child’s best interests in 24 decision making. 25 VerDate Sep 11 2014 23:24 Dec 03, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5210.IH H5210 kjohnson on DSK79L0C42 with BILLS 11 •HR 5210 IH (3) DEPARTMENT.—The term ‘‘Department’’ 1 means the Department of Homeland Security. 2 (4) INTERNALLY DISPLACED PERSONS.—The 3 term ‘‘internally displaced persons’’ means persons 4 or a [Text truncated for display. 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