I 118TH CONGRESS 1ST SESSION H. R. 3934 To designate residents of the Xinjiang Uyghur Autonomous Region as Priority 2 refugees of special humanitarian concern, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 7, 2023 Ms. WEXTON (for herself, Ms. SALAZAR, Mr. MEEKS, Mr. BEYER, and Mr. CONNOLLY) introduced the following bill; which was referred to the Com- mittee on the Judiciary, and in addition to the Committee on Foreign Af- fairs, 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 concerned A BILL To designate residents of the Xinjiang Uyghur Autonomous Region as Priority 2 refugees of special humanitarian concern, 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 ‘‘Uyghur Human Rights 4 Protection Act’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 VerDate Sep 11 2014 04:23 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3934.IH H3934 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3934 IH (1) The Government of the People’s Republic of 1 China has a long history of repressing Turkic Mus- 2 lims and other Muslim minority groups, particularly 3 Uyghurs, in the Xinjiang Uyghur Autonomous Re- 4 gion (‘‘Xinjiang’’ or ‘‘XUAR’’), also known as East 5 Turkestan. Central and regional Chinese government 6 policies have systematically discriminated against 7 these minority groups by denying them a range of 8 civil and political rights, particularly freedom of reli- 9 gion. 10 (2) In May 2014, the Government of the Peo- 11 ple’s Republic of China launched its latest ‘‘Strike 12 Hard Against Violent Extremism’’ campaign, using 13 wide-scale, internationally linked threats of terrorism 14 as a pretext to justify pervasive restrictions on and 15 serious human rights violations against members of 16 ethnic minority communities in Xinjiang. The Au- 17 gust 2016 appointment of former Tibet Autonomous 18 Region Party Secretary Chen Quanguo to be Party 19 Secretary of the XUAR accelerated the crackdown 20 across the region. Scholars, human rights organiza- 21 tions, journalists, and think tanks have provided 22 ample evidence substantiating the establishment by 23 the Government of the People’s Republic of China of 24 internment camps. Since 2017, the Government of 25 VerDate Sep 11 2014 04:23 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3934.IH H3934 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3934 IH the People’s Republic of China has detained more 1 than 1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, 2 and members of other Muslim minority groups in 3 these camps. The total ethnic minority population of 4 Xinjiang Uyghur Autonomous Region was approxi- 5 mately 13,000,000 at the time of the last census 6 conducted by the People’s Republic of China in 7 2010. 8 (3) The Government of the People’s Republic of 9 China’s actions against Uyghurs, ethnic Kazakhs, 10 Kyrgyz, and members of other Muslim minority 11 groups in Xinjiang violate international human 12 rights laws and norms, including— 13 (A) the International Convention on the 14 Elimination of All Forms of Racial Discrimina- 15 tion, to which the People’s Republic of China 16 has acceded; 17 (B) the Convention against Torture and 18 Other Cruel, Inhuman or Degrading Treatment 19 or Punishment, which the People’s Republic of 20 China has signed and ratified; 21 (C) the Convention on the Prevention and 22 Punishment of the Crime of Genocide, which 23 the People’s Republic of China has signed and 24 ratified; 25 VerDate Sep 11 2014 04:23 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3934.IH H3934 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3934 IH (D) the International Covenant on Civil 1 and Political Rights, which the People’s Repub- 2 lic of China has signed; and 3 (E) the Universal Declaration of Human 4 Rights and the International Labor Organiza- 5 tion’s Force Labor Convention (no. 29) and the 6 Abolition of Forced Labor Convention (no. 7 105). 8 (4) Senior Chinese Communist Party officials 9 bear direct responsibility for gross human rights vio- 10 lations committed against Uyghurs, ethnic Kazakhs, 11 Kyrgyz, and members of other Muslim minority 12 groups. These abuses include the arbitrary detention 13 of more than 1,000,000 Uyghurs, ethnic Kazakhs, 14 Kyrgyz, and members of other Muslim minority 15 groups, separation of working age adults from their 16 children and elderly parents, and the integration of 17 forced labor into supply chains. 18 (5) Those held in detention facilities and intern- 19 ment camps in the Xinjiang Uyghur Autonomous 20 Region have described forced political indoctrination, 21 torture, beatings, food deprivation, sexual assault, 22 coordinated campaigns to reduce birth rates among 23 Uyghurs and other Turkic Muslims through forced 24 sterilization, and denial of religious, cultural, and 25 VerDate Sep 11 2014 04:23 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3934.IH H3934 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3934 IH linguistic freedoms. These victims have confirmed 1 they were told by guards that the only way to secure 2 their release was to demonstrate adequate political 3 loyalty. Poor conditions and lack of medical treat- 4 ment at such facilities appear to have contributed to 5 the deaths of some detainees, including the elderly 6 and infirm. Recent media reports indicate that since 7 2019 the Government of the People’s Republic of 8 China has newly constructed, expanded, or fortified 9 at least 60 detention facilities with higher security 10 or prison-like features. 11 (6) In September 2018, United Nations High 12 Commissioner for Human Rights Michelle Bachelet 13 noted ‘‘the deeply disturbing allegations of large- 14 scale arbitrary detentions of Uighurs and other Mus- 15 lim communities, in so-called reeducation camps 16 across Xinjiang’’. 17 (7) In 2019, the Congressional-Executive Com- 18 mission on China concluded that, based on available 19 evidence, the establishment and actions committed in 20 the internment camps in Xinjiang Uyghur Autono- 21 mous Region may constitute ‘‘crimes against human- 22 ity’’. 23 (8) Uyghurs and ethnic Kazaks resettled or re- 24 siding in third countries report being subjected to 25 VerDate Sep 11 2014 04:23 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3934.IH H3934 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3934 IH threats and harassment from People’s Republic of 1 China officials. 2 (9) There is a backlog of approximately 3.6 mil- 3 lion visa applicants waiting to enter the United 4 States. Wait times for certain visas are between 5 5 and 18 years. 6 SEC. 3. DESIGNATION OF CERTAIN RESIDENTS OF THE 7 XINJIANG UYGHUR AUTONOMOUS REGION. 8 (a) IN GENERAL.—Persons of special humanitarian 9 concern eligible for Priority 2 processing under the refugee 10 resettlement priority system shall include the following: 11 (1) Individuals who are residents of or fled the 12 Xinjiang Uyghur Autonomous Region who suffered 13 persecution or have a well-founded fear of persecu- 14 tion on account of their peaceful expression of polit- 15 ical opinions, religious or cultural beliefs, or peaceful 16 participation in political, religious, or cultural activi- 17 ties or associations. 18 (2) Individuals residing in other provinces of 19 China, or individuals not firmly resettled in third 20 countries, who fled the Xinjiang Uyghur Autono- 21 mous Region because of the causes described in 22 paragraph (1). 23 (3) Individuals who have been formally charged, 24 detained, or convicted on account of their peaceful 25 VerDate Sep 11 2014 04:23 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3934.IH H3934 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3934 IH actions as described in the Uyghur Human Rights 1 Policy Act of 2020 (Public Law 116–145). 2 (4) The spouses, children, and parents (as such 3 terms are defined in subsections (a) and (b) of sec- 4 tion 101 of the Immigration and Nationality Act (8 5 U.S.C. 1101)) of individuals described in paragraph 6 (1), (2), or (3), except such parents who are citizens 7 of a country other than the People’s Republic of 8 China. 9 (b) PROCESSING OF XINJIANG UYGHUR AUTONO- 10 MOUS REGION REFUGEES.—The processing of individuals 11 described in subsection (a) for classification as refugees 12 may occur in China or in a third country. 13 (c) ELIGIBILITY FOR ADMISSION AS REFUGEES.—An 14 alien may not be denied the opportunity to apply for ad- 15 mission as a refugee under this section primarily because 16 such alien— 17 (1) qualifies as an immediate relative of a cit- 18 izen of the United States; or 19 (2) is eligible for admission to the United 20 States under any other immigrant classification. 21 (d) FACILITATION OF ADMISSIONS.—Certain appli- 22 cants for admission to the United States from the 23 Xinjiang Uyghur Autonomous Region, as described in sub- 24 section (a), may not be denied primarily on the basis of 25 VerDate Sep 11 2014 04:23 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3934.IH H3934 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3934 IH a politically, religiously, or culturally motivated arrest, de- 1 tention, or other adverse government action taken against 2 such applicant as a result of the participation by such ap- 3 plicant in protest activities. 4 (e) EXCLUSION FROM NUMERICAL LIMITATIONS.— 5 Aliens provided refugee status under this section shall not 6 be counted against any numerical limitation under section 7 201, 202, 203, or 207 of the Immigration and Nationality 8 Act (8 U.S.C. 1151, 1152, 1153, or 1157). 9 (f) PRIORITY.—The Secretary of State shall prioritize 10 bilateral diplomacy with third countries hosting former 11 residents from the Xinjiang Uyghur Autonomous Region, 12 as described in subsection (a), and who face significant 13 diplomatic pressure from the Government of the People’s 14 Republic of China. 15 (g) REPORTING REQUIREMENTS.— 16 (1) IN GENERAL.—Not later than 180 days 17 after the date of the enactment of this Act, and 18 every 90 days thereafter, the Secretary of State and 19 the Secretary of Homeland Security shall submit a 20 report on the matters described in paragraph (2) 21 to— 22 (A) the Committee on the Judiciary and 23 the Committee on Foreign Relations of the Sen- 24 ate; and 25 VerDate Sep 11 2014 04:23 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3934.IH H3934 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3934 IH (B) the Committee on the Judiciary and 1 the Committee on Foreign Affairs of the House 2 of Representatives. 3 (2) MATTERS TO BE INCLUDED.—Each report 4 required by paragraph (1) shall include— 5 (A) the total number of applications that 6 are pending at the end of the reporting period; 7 (B) the average wait times and number of 8 applicants who are currently pending— 9 (i) a pre-screening interview with a re- 10 settlement support center; 11 (ii) an interview with U.S. Citizenship 12 and Immigration Services; 13 (iii) the completion of security checks; 14 and 15 (iv) receipt of a final decision after 16 completion of an interview with U.S. Citi- 17 zenship and Immigration Services; and 18 (C) the number of denials of applications 19 for refugee status, disaggregated by the reason 20 for each such denial. 21 (3) FORM.—Each report required by paragraph 22 (1) shall be submitted in unclassified form, but may 23 include a classified annex. 24 VerDate Sep 11 2014 04:23 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3934.IH H3934 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 3934 IH (4) PUBLIC REPORTS.—The Secretary of State 1 shall make each report submitted under this sub- 2 section available to the public on the internet website 3 of the Department of State. 4 (h) SATISFACTION OF OTHER REQUIREMENTS.— 5 Aliens eligible under this section for Priority 2 processing 6 under this section as Priority 2 refugees of special human- 7 itarian concern under the refugee resettlement priority 8 system shall be considered to satisfy the requirements 9 under section 207 of the Immigration and Nationality Act 10 (8 U.S.C. 1157) for admission to the United States. 11 SEC. 4. WAIVER OF IMMIGRANT STATUS PRESUMPTION. 12 (a) IN GENERAL.—The presumption under the first 13 sentence of section 214(b) of the Immigration and Nation- 14 ality Act (8 U.S.C. 1184(b)) that every alien is an immi- 15 grant until the alien establishes that the alien is entitled 16 to nonimmigrant status shall not apply to an alien de- 17 scribed in subsection (b). 18 (b) ALIEN DESCRIBED.— 19 (1) IN GENERAL.—An alien described in this 20 paragraph is an alien who— 21 (A) on January 1, 2023, was a resident of 22 the Xinjiang Special Administrative Region; 23 (B) fled the Xinjiang Special Administra- 24 tive Region after June 30, 2009, and now re- 25 VerDate Sep 11 2014 04:23 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3934.IH H3934 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 3934 IH sides in a different province of China or third 1 country; 2 (C) is seeking entry to the United States 3 to apply for asylum under section 208 of the 4 Immigration and Nationality Act (8 U.S.C. 5 1158); and 6 (D) is facing repression in the Xinjiang 7 Uyghur Autonomous Region by the Government 8 of the People’s Republic of China including— 9 (i) forced and arbitrary detention in- 10 cluding in internment and so-called re-edu- 11 cation camps; 12 (ii) forced political indoctrination, tor- 13 ture, beatings, food deprivation, and denial 14 of religious, cultural, and linguistic free- 15 doms; 16 (iii) forced labor; 17 (iv) forced separation from family 18 members; or 19 (v) other forms of systemic threats, 20 harassment, and gross human rights viola- 21 tions. 22 (2) EXCLUSION.—An alien described in this 23 paragraph does not include any alien who— 24 VerDate Sep 11 2014 04:23 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3934.IH H3934 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 3934 IH (A) is a citizen or permanent resident of a 1 country other than the People’s Republic of 2 China; or 3 (B) is determined to have committed a 4 gross violation of human rights. 5 (c) INTENTION TO ABANDON FOREIGN RESI- 6 DENCE.—The fact that an alien described in this section 7 is or was the beneficiary of an application for refugee sta- 8 tus, or is seeking entry to the United States to apply for 9 asylum under section 208 of the [Text truncated for display. 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