ENSURE Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 5767 To defer the removal of certain Eritrean nationals for a 24-month period, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 5, 2020 Ms. OMAR (for herself, Ms. BASS, Mr. NEGUSE, Mr. PAYNE, Ms. NORTON, Mr. MCGOVERN, Mr. CARSON of Indiana, Ms. CLARKE of New York, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Ms. MCCOLLUM, Ms. JACKSON LEE, Mr. GRIJALVA, Mr. KHANNA, Ms. PRESSLEY, Mr. HORSFORD, Ms. TLAIB, Ms. OCASIO-CORTEZ, Mrs. WATSON COLEMAN, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SMITH of Washington, Mr. GOMEZ, Mr. ENGEL, Mr. ESPAILLAT, Ms. LEE of California, Mr. RUSH, Mr. RASKIN, Ms. CRAIG, Mr. PHILLIPS, and Mr. CLAY) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To defer the removal of certain Eritrean nationals for a 24-month period, 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 ‘‘Eritrean Nationals’ 4 Safety from Unjust Removal or Expulsion Act’’ or the 5 ‘‘ENSURE Act of 2020’’. 6 VerDate Sep 11 2014 22:33 Feb 06, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5767.IH H5767 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 5767 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) There are 700 Eritrean nationals living in 3 the United States who have final orders of removal. 4 (2) In September 2017, the Secretary of Home- 5 land Security announced visa sanctions to encourage 6 certain recalcitrant countries, including Eritrea, to 7 accept the respective nationals from such countries 8 who are subject to final orders of removal from the 9 United States. 10 (3) Eritrea has generally declined to issue trav- 11 el documents to accept such nationals upon removal 12 from the United States but has begun to issue such 13 documents due to the threat of visa sanctions from 14 the United States. 15 (4) The human rights crisis and humanitarian 16 situation in Eritrea has resulted in extraordinary 17 conditions that have driven nationals to flee the 18 country and prevented such nationals from safely re- 19 turning to Eritrea. 20 (5) Conditions in Eritrea have been historically 21 dangerous and oppressive for certain groups that 22 frequently suffer state reprisal, including individuals 23 who have fled Eritrea to evade indefinite military 24 service and arbitrary detention, conscientious objec- 25 VerDate Sep 11 2014 22:33 Feb 06, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5767.IH H5767 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 5767 IH tors, opponents of political leaders in Eritrea, jour- 1 nalists, and religious minorities. 2 (6) If returned to Eritrea after removal from 3 the United States, many Eritrean nationals that be- 4 long to such groups may face persecution, torture, 5 or death. 6 (7) Eritrean nationals who are removed from 7 the United States are also at a particular risk of 8 state reprisal for leaving in the first place. 9 (8) The most recent report of the United Na- 10 tions Special Rapporteur on the situation of human 11 rights in Eritrea assessed current country conditions 12 as grim, with arbitrary arrests, detentions, tortures, 13 disappearances, and extrajudicial executions occur- 14 ring regularly. 15 (9) Human rights violations, including indefi- 16 nite military service, overcrowding in prolonged, un- 17 sanitary detention, and an overall lack of freedom of 18 movement and expression, persist in Eritrea, con- 19 tributing to the mass exodus from the country. 20 (10) United Nations Special Rapporteurs in 21 Eritrea have determined that this situation is forc- 22 ing many Eritrean nationals to choose between en- 23 slavement if they stay in Eritrea or death if they at- 24 tempt to leave Eritrea. 25 VerDate Sep 11 2014 22:33 Feb 06, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5767.IH H5767 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 5767 IH (11) The most recent State Department report 1 on human rights practices in Eritrea warns that 2 many citizens who have fled Eritrea ‘‘remain in self- 3 imposed exile due to their religious and political 4 views and fear that they would be conscripted into 5 national service if returned,’’ which may result in 6 torture and death. 7 (12) In order to begin to restore immigration 8 relations with the United States, Eritrea will need to 9 adopt accountability measures that ensure that Eri- 10 trean nationals returned to Eritrea do not face state 11 reprisal. 12 (13) In 2018, the co-chairs of the Tom Lantos 13 Human Rights Commission reiterated these concerns 14 in a bipartisan delegation letter to the Secretary of 15 State, urging the Department of State to ensure 16 human rights objectives were taken into consider- 17 ation when resetting any relations or policies toward 18 Eritrea. 19 (14) In 2017, the Director of U.S. Immigration 20 and Customs Enforcement sought to remove ap- 21 proximately 700 Eritrean nationals from the United 22 States. 23 (15) Without enough time to seek immigration 24 assistance based on country conditions in Eritrea, 25 VerDate Sep 11 2014 22:33 Feb 06, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5767.IH H5767 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 5767 IH and without careful consideration for each case, Eri- 1 trean nationals could be removed to face persecution, 2 torture, or death before such Eritreans receive fair 3 adjudication of eligibility for relief under current law 4 and in light of present facts. 5 (16) Deferring removal of Eritrean nationals 6 for 24 months would give— 7 (A) such Eritreans, who have not had the 8 time or resources to seek sufficient immigration 9 assistance or legal counsel based on the unique 10 circumstances described in this section, time to 11 seek such assistance or counsel; 12 (B) immigration judges and authorities the 13 time to fully understand the dire human rights 14 crisis and humanitarian situation in Eritrea; 15 and 16 (C) the Government of Eritrea time to 17 start to reform the security of Eritrea and ad- 18 dress human rights abuses within Eritrea, in- 19 cluding preventing indefinite military service, 20 arbitrary and prolonged detention, and general 21 persecution of the Eritrean people. 22 SEC. 3. SENSE OF CONGRESS. 23 It is the sense of Congress that— 24 VerDate Sep 11 2014 22:33 Feb 06, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5767.IH H5767 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 5767 IH (1) Eritrean nationals should not be deported 1 to Eritrea if such nationals face persecution, torture, 2 or death; 3 (2) due to the horrific conditions in Eritrea, in- 4 cluding conditions listed under section 2, and the 5 substantial increase in removal orders for Eritrean 6 aliens in the United States, it would both be unfair 7 and dangerous to deport Eritreans without ensuring 8 that each case is carefully considered or, if applica- 9 ble, reconsidered based on current country condi- 10 tions in Eritrea; and 11 (3) the removal of Eritrean nationals described 12 in section 4 should be deferred for a period of 24 13 months, at the end of which Congress should have 14 the opportunity to reevaluate conditions in Eritrea. 15 SEC. 4. DEFERRAL OF REMOVAL FOR ERITREAN NATION- 16 ALS WITH REMOVAL ORDERS. 17 (a) IN GENERAL.—Subject to subsection (b), an alien 18 may not be removed during the 24-month period begin- 19 ning on the date of the enactment of this Act if the alien— 20 (1) is a national of Eritrea; 21 (2) has been ordered removed to Eritrea at any 22 time before the date of the enactment of this Act; 23 and 24 VerDate Sep 11 2014 22:33 Feb 06, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5767.IH H5767 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 5767 IH (3) has been continuously physically present in 1 the United States since the effective date of the en- 2 actment of this Act. 3 (b) EMPLOYMENT AUTHORIZATIONS.—Upon applica- 4 tion to the Secretary of Homeland Security, an alien 5 whose removal is deferred pursuant to this Act shall be 6 authorized to engage in employment during the 24-month 7 period described in subsection (a), provided that— 8 (1) the alien is not subject to extradition by an 9 international tribunal or by a country with a treaty 10 of extradition with the United States (except the 11 alien shall not be extradited to Eritrea); or 12 (2) if the alien is subject to extradition under 13 paragraph (1) due to an accusation of torture, 14 crimes against humanity, war crimes, or genocide, 15 the Secretary of State and the Attorney General cer- 16 tify that such accusation is not credible with respect 17 to the alien. 18 SEC. 5. NOTICE FOR CERTAIN ALIENS WITH REMOVAL OR- 19 DERS TO ERITREA. 20 (a) IN GENERAL.—Not later than 60 days after the 21 date of the enactment of this Act, the Secretary of Home- 22 land Security shall provide notice of the provisions of this 23 Act to each alien described in section 4(a). 24 VerDate Sep 11 2014 22:33 Feb 06, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5767.IH H5767 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 5767 IH (b) CONTENTS OF NOTICE.—The notice required 1 under subsection (a) shall include clear instructions ex- 2 plaining how an alien may file a motion to reopen a pro- 3 ceeding under section 240 of the Immigration and Nation- 4 ality Act (8 U.S.C. 1229a) based on current country con- 5 ditions. 6 SEC. 6. PROHIBITION ON DETENTION. 7 The Secretary of Homeland Security may not detain 8 an alien whose removal is deferred pursuant to this Act 9 based upon— 10 (1) the immigration status of such alien in the 11 United States; or 12 (2) a motion filed by the alien to reopen a pro- 13 ceeding under section 240 of the Immigration and 14 Nationality Act (8 U.S.C. 1229a). 15 SEC. 7. JUDICIAL REVIEW. 16 (a) REVIEW.—Notwithstanding any other provision 17 of law, an individual or entity who has been harmed by 18 a violation of this Act may file an action in an appropriate 19 district court of the United States to seek declaratory or 20 injunctive relief. 21 (b) RULE OF CONSTRUCTION.—Nothing in this Act 22 may be construed to preclude an action filed pursuant to 23 subsection (a) from proceeding as a class action (as such 24 VerDate Sep 11 2014 22:33 Feb 06, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5767.IH H5767 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 5767 IH term is defined in section 1711 of title 28, United States 1 Code). 2 SEC. 8. REPORTS. 3 (a) REPORT REGARDING ASYLUM AND REFUGEE 4 SEEKERS.—Not later than 180 days after the date of the 5 enactment of this Act, and annually thereafter, the Sec- 6 retary of Homeland Security, in consultation with the At- 7 torney General, shall submit to Congress a report that in- 8 cludes— 9 (1) the number of Eritrean nationals who— 10 (A) have been removed upon an order of 11 the Attorney General from the United States 12 each fiscal year beginning on September 1, 13 2019, through the present fiscal year; 14 (B) are— 15 (i) currently in the United States; 16 (ii) in detention by the Attorney Gen- 17 eral; 18 (iii) under final orders of removal 19 from the United States; or 20 (iv) the subject of a request from the 21 head of U.S. Immigration and Customs 22 Enforcement to the Government of Eritrea 23 for travel documents; 24 VerDate Sep 11 2014 22:33 Feb 06, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5767.IH H5767 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 5767 IH (C) applied for status as a refugee under 1 section 207 of the Immigration and Nationality 2 Act (8 U.S.C. 1157), including the number of 3 Eritrean nationals who were granted such sta- 4 tus; or 5 (D) applied for asylum under section 208 6 of the Immigration and Nationality Act (8 7 U.S.C. 1158), including the number of Eritrean 8 nationals who were granted such status; 9 (2) with respect to Eritrean nationals identified 10 pursuant to paragraph (1)(A), the names of each 11 such country that such nationals were removed to; 12 and 13 (3) with respect to Eritrean nationals identified 14 pursuant to paragraph (1), the number of Eritrean 15 nationals that qualify under 2 or more of the re- 16 quirements under paragraph (1). 17 (b) REPORT ON THE SAFETY OF ERITREAN NATION- 18 ALS REMOVED FROM THE UNITED STATES.—Not later 19 than 180 days after the date of the enactment of this Act, 20 and annually thereafter, the Secretary of Homeland Secu- 21 rity, in consultation with the Secretary of State, shall sub- 22 mit to Congress a report describing how the Federal Gov- 23 VerDate Sep 11 2014 22:33 Feb 06, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5767.IH H5767 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 5767 IH ernment is ensuring the safety of Eritrean nationals re- 1 moved from the United States to another country. 2 Æ VerDate Sep 11 2014 22:33 Feb 06, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H5767.IH H5767 kjohnson on DSK79L0C42PROD with BILLS