[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3241 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 3241
To amend the Immigration and Nationality Act to reaffirm the United
States historic commitment to protecting refugees who are fleeing
persecution or torture.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 14, 2016
Mr. Leahy (for himself, Mr. Durbin, Mr. Franken, and Ms. Hirono)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to reaffirm the United
States historic commitment to protecting refugees who are fleeing
persecution or torture.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Refugee Protection
Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Elimination of time limits on asylum applications.
Sec. 4. Protecting certain vulnerable groups of asylum seekers.
Sec. 5. Scope and standard for review.
Sec. 6. Efficient asylum and refugee determination process.
Sec. 7. Secure alternatives.
Sec. 8. Conditions of detention.
Sec. 9. Timely notice of immigration charges.
Sec. 10. Procedures for ensuring accuracy and verifiability of sworn
statements taken pursuant to expedited
removal authority.
Sec. 11. Child welfare professionals.
Sec. 12. Study on the effect of expedited removal provisions,
practices, and procedures on asylum claims.
Sec. 13. Training for border security and immigration enforcement
officers.
Sec. 14. Refugee opportunity promotion.
Sec. 15. Protections for minors seeking asylum.
Sec. 16. Fair day in court for kids.
Sec. 17. Protection of stateless persons in the United States.
Sec. 18. Authority to designate certain groups of refugees for
consideration.
Sec. 19. Multiple forms of relief.
Sec. 20. Protection of refugee families.
Sec. 21. Reform of refugee consultation process.
Sec. 22. Admission of refugees in the absence of the annual
Presidential determination.
Sec. 23. Update of reception and placement grants.
Sec. 24. Protection for aliens interdicted at sea.
Sec. 25. Modification of physical presence requirements for aliens
serving as translators.
Sec. 26. Protecting victims of terrorism from being defined as
terrorists.
Sec. 27. Assessment of the Refugee Domestic Resettlement Program.
Sec. 28. Refugee assistance.
Sec. 29. Resettlement data.
Sec. 30. Extension of eligibility period for Social Security benefits
for certain refugees.
Sec. 31. Prohibition on operation streamline for asylum seekers.
Sec. 32. T and U visa reforms.
Sec. 33. Transparency in refugee determinations.
Sec. 34. Authorization of appropriations.
Sec. 35. Determination of budgetary effects.
SEC. 2. DEFINITIONS.
In this Act:
(1) Asylum seeker.--The term ``asylum seeker''--
(A) means--
(i) any applicant for asylum under section
208 of the Immigration and Nationality Act (8
U.S.C. 1158);
(ii) any alien who indicates--
(I) an intention to apply for
asylum under that section; or
(II) a fear of persecution; and
(iii) any alien who indicates--
(I) an intention to apply for
withholding of removal pursuant to--
(aa) section 241 of the
Immigration and Nationality Act
(8 U.S.C. 1231); or
(bb) the Convention Against
Torture and Other Cruel,
Inhuman or Degrading Treatment
or Punishment, done at New York
December 10, 1984; or
(II) a fear that the alien's life
or freedom would be threatened;
(B) includes any individual described in
subparagraph (A) whose application for asylum or
withholding of removal is pending judicial review; and
(C) does not include an individual with respect to
whom a final order denying asylum and withholding of
removal has been entered if such order is not pending
judicial review.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. ELIMINATION OF TIME LIMITS ON ASYLUM APPLICATIONS.
Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1158(a)(2)) is amended--
(1) in subparagraph (A), by inserting ``or the Secretary of
Homeland Security'' after ``Attorney General'' each place such
term appears;
(2) by striking subparagraphs (B) and (D);
(3) by redesignating subparagraph (C) as subparagraph (B);
(4) in subparagraph (B), as redesignated, by striking
``subparagraph (D)'' and inserting ``subparagraphs (C) and
(D)''; and
(5) by inserting after subparagraph (B), as redesignated,
the following:
``(C) Changed circumstances.--Notwithstanding
subparagraph (B), an application for asylum of an alien
may be considered if the alien demonstrates, to the
satisfaction of the Attorney General or the Secretary
of Homeland Security, the existence of changed
circumstances that materially affect the applicant's
eligibility for asylum.
``(D) Motion to reopen certain meritorious
claims.--Notwithstanding subparagraph (B) or section
240(c)(7), an alien may file a motion to reopen an
asylum claim during the 2-year period beginning on the
date of the enactment of the Refugee Protection Act of
2016 if the alien--
``(i) was denied asylum based solely upon a
failure to meet the 1-year application filing
deadline in effect on the date on which the
application was filed;
``(ii) was granted withholding of removal
to the alien's country of nationality (or, if
stateless, to the country of last habitual
residence) under section 241(b)(3);
``(iii) has not obtained lawful permanent
residence in the United States pursuant to any
other provision of law;
``(iv) is not subject to the safe third
country exception in section 208(a)(2)(A) or a
bar to asylum under section 208(b)(2) and was
not denied asylum as a matter of discretion;
and
``(v) is physically present in the United
States when the motion is filed.''.
SEC. 4. PROTECTING CERTAIN VULNERABLE GROUPS OF ASYLUM SEEKERS.
(a) Defined Term.--Section 101(a)(42) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(42)) is amended to read as follows:
``(42)(A) The term `refugee' means any person who--
``(i)(I) is outside any country of such person's
nationality or, in the case of a person having no
nationality, is outside any country in which such
person last habitually resided; and
``(II) is unable or unwilling to return to, and is
unable or unwilling to avail himself or herself of the
protection of, that country because of persecution, or
a well-founded fear of persecution, on account of race,
religion, nationality, membership in a particular
social group, or political opinion; or
``(ii) in such circumstances as the President may
specify, after appropriate consultation (as defined in
section 207(e))--
``(I) is within the country of such
person's nationality or, in the case of a
person having no nationality, within the
country in which such person is habitually
residing; and
``(II) is persecuted, or who has a well-
founded fear of persecution, on account of
race, religion, nationality, membership in a
particular social group, or political opinion.
``(B) The term `refugee' does not include any person who
ordered, incited, assisted, or otherwise participated in the
persecution of any person on account of race, religion,
nationality, membership in a particular social group, or
political opinion. A person who establishes that his or her
actions were committed under duress or while the person was
younger than 18 years of age shall not be considered to have
ordered, incited, assisted, or otherwise participated in
persecution under this subparagraph.
``(C) For purposes of determinations under this Act--
``(i) a person who has been forced to abort a
pregnancy or to undergo involuntary sterilization, or
who has been persecuted for failure or refusal to
undergo such a procedure or for other resistance to a
coercive population control program, shall be deemed to
have been persecuted on account of political opinion;
and
``(ii) a person who has a well-founded fear that he
or she will be forced to undergo such a procedure or
subject to persecution for such failure, refusal, or
resistance shall be deemed to have a well-founded fear
of persecution on account of political opinion.
``(D) For purposes of determinations under this Act, any
group whose members share a characteristic that is either
immutable or fundamental to identity, conscience, or the
exercise of the person's human rights such that the person
should not be required to change it, shall be deemed a
particular social group, without any additional requirement.''.
(b) Conditions for Granting Asylum.--Section 208(b)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)) is amended--
(1) in clause (i), by striking ``at least one central
reason for persecuting the applicant'' and inserting ``a factor
in the applicant's persecution or fear of persecution'';
(2) in clause (ii), by striking the last sentence and
inserting the following: ``If the trier of fact determines that
the applicant should provide evidence that corroborates
otherwise credible testimony, the trier of fact shall provide
notice and allow the applicant a reasonable opportunity to file
such evidence. The trier of fact may not require such evidence
if the applicant does not have the evidence and demonstrates
that he or she cannot reasonably obtain the evidence. Evidence
shall not be considered reasonably obtainable if procurement of
such evidence would reasonably endanger the life or safety of
any person.'';
(3) by redesignating clause (iii) as clause (iv);
(4) by inserting after clause (ii) the following:
``(iii) Supporting evidence accepted.--
Direct or circumstantial evidence, including
evidence that the State is unable or unwilling
to protect individuals of the applicant's race,
religion, nationality, particular social group,
or political opinion, or that the State's legal
or social norms tolerate persecution against
individuals of the applicant's race, religion,
nationality, particular social group, or
political opinion, may establish that
persecution is on account of one of the grounds
enumerated in subsection (a)(42)(A)(i)(II).'';
and
(5) in clause (iv), as redesignated, by striking ``,
without regard to whether an inconsistency, inaccuracy, or
falsehood goes to the heart of the applicant's claim, or any
other relevant factor.'' and inserting ``. If the trier of fact
determines that there are inconsistencies or omissions, the
alien shall be given an opportunity to explain and to provide
support or evidence to clarify such inconsistencies or
omissions.''.
(c) Removal Proceedings.--Section 240(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1229a(c)(4)) is amended--
(1) in subparagraph (B), by striking the last sentence and
inserting the following: ``If the trier of fact determines that
the applicant should provide evidence that corroborates
otherwise credible testimony, the trier of fact shall provide
notice and allow the applicant a reasonable opportunity to file
such evidence. The trier of fact may not require such evidence
if the applicant does not have the evidence and demonstrates
that he or she cannot reasonably obtain the evidence. Evidence
shall not be considered reasonably obtainable under this
subparagraph if procurement of such evidence would reasonably
endanger the life or safety of any person in the applicant's
home country.''; and
(2) in subparagraph (C), by striking ``, without regard to
whether an inconsistency, inaccuracy, or falsehood goes to the
heart of the applicant's claim, or any other relevant factor.''
and inserting ``. If the trier of fact determines that there
are inconsistencies or omissions, the alien shall be given an
opportunity to explain and to provide support or evidence to
clarify such inconsistencies or omissions.''.
SEC. 5. SCOPE AND STANDARD FOR REVIEW.
Section 242(b) of the Immigration and Nationality Act (8 U.S.C.
1252(b)) is amended--
(1) in paragraph (1), by adding at the end the following:
``The alien shall not be removed during such 30-day period,
unless the alien indicates in writing that he or she wishes to
be removed before the expiration of such period.''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Scope and standard for review.--Except as provided in
paragraph (5)(B), the court of appeals shall sustain a final
decision ordering removal unless it is contrary to law, an
abuse of discretion, or not supported by substantial evidence.
The court of appeals shall decide the petition only on the
administrative record on which the order of removal is
based.''.
SEC. 6. EFFICIENT ASYLUM AND REFUGEE DETERMINATION PROCESS.
(a) Asylum Determination Process.--Section 235(b)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)) is amended--
(1) in clause (ii)--
(A) in the heading, by striking ``Referral'' and
inserting ``Interview and referral''; and
(B) by striking ``the alien shall be detained for
further consideration of the application for asylum.''
and inserting ``the alien may, in the Secretary's
discretion, be detained for further consideration of
the application for asylum by an asylum officer
designated by the Director of United States Citizenship
and Immigration Services, subject to a custody
redetermination hearing before an immigration judge
pursuant to procedures established in accordance with
section 236(a) and its implementing regulations. The
asylum officer shall conduct a nonadversarial asylum
interview and, after seeking supervisorial review, may
grant asylum to the alien under section 208 or refer
the case to a designee of the Attorney General, for a
de novo asylum determination, for relief under the
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York
December 10, 1984, or for protection under section
241(b)(3).''; and
(2) in clause (iii)(IV)--
(A) by amending the subclause heading to read as
follows:
``(IV) Detention.--''; and
(B) by striking ``shall'' and inserting ``may, in
the Secretary's discretion,''.
(b) Refugee Determination Process.--If an application for admission
to the United States under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) is placed on hold for longer than 3
months or is subject to the expiration and repetition of more than 3
screenings and one or more members of the applicant's family also have
pending applications for admission under such section, the Secretary of
Homeland Security shall notify any individual on that case who is
eligible to travel separately of the option to separate such
individual's case from the family unit and shall permit such individual
to travel based upon such individual's satisfaction of all security and
other requirements for refugee applications.
(c) Clarification on Asylum Eligibility.--Section 208 of the
Immigration and Nationality Act (8 U.S.C. 1158) is amended--
(1) in subsection (b)(2)--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraph (D) as
subparagraph (C); and
(2) by adding at the end the following:
``(f) Clarification on Asylum Eligibility.--Notwithstanding any
other provisions of law, an alien's eligibility for asylum shall be
governed solely by this section.''.
SEC. 7. SECURE ALTERNATIVES.
(a) Establishment.--The Secretary, in consultation with
nongovernmental organizations, shall establish a continuum of
alternatives to detention and case management services (referred to in
this section as ``secure alternatives''), including screening of
detainees, appearance assistance services, and community-based
supervision programs, in each Enforcement and Removal Operations field
office operated by U.S. Immigration and Customs Enforcement to ensure
appearances by aliens at immigration proceedings.
(b) Contract Authority.--The Secretary may contract with
nongovernmental community-based organizations to meet the requirements
under subsection (a).
(c) Use of Bond or Recognizance.--The Secretary may not use secure
alternatives when release on reasonable bond or recognizance is
determined to be a sufficient measure to ensure an alien's appearance
at immigration proceedings and protect public safety.
(d) Program Requirements.--
(1) Individualized determinations and review.--In
determining whether to use secure alternatives, the Secretary--
(A) shall make an individualized determination
about the level of monitoring necessary to ensure an
alien's appearance at immigration proceedings and
protect public safety;
(B) shall review the level of supervision on a
frequent basis and adjust as appropriate; and
(C) shall limit the use of restrictive electronic
monitoring devices, such as ankle bracelets to cases in
which there is a demonstrated need for such enhanced
monitoring.
(2) Program elements.--Secure alternatives under this
section shall include--
(A) individualized case management by an assigned
case supervisor; and
(B) referral to community-based providers of legal
and social services.
(3) Custody.--The Secretary may use secure alternatives to
maintain custody over any alien detained under the Immigration
and Nationality Act, except for aliens detained under section
236A of such Act (8 U.S.C. 1226a).
(e) Parole of Certain Aliens.--Section 235(b)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)) is amended--
(1) by redesignating clause (v) as clause (vi); and
(2) by inserting after clause (iv) the following:
``(v) Release.--
``(I) In general.--Any alien
subject to detention under this
subsection who has been determined to
have a credible or reasonable fear of
persecution shall be released from the
custody of the Department of Homeland
Security not later than 7 days after
such determination unless the Secretary
of Homeland Security makes an
individualized determination supported
by substantial evidence that the
alien--
``(aa) poses a risk to
public safety, which may
include a risk to national
security; or
``(bb) is a flight risk,
which cannot be mitigated
through other conditions of
release, such as bond or secure
alternatives, that would
reasonably ensure that the
alien would appear for
immigration proceedings.
``(II) Notice.--The Secretary of
Homeland Security shall provide every
alien and the alien's legal
representative with written
notification of the parole decision,
including a brief explanation of the
reasons for any decision to deny
parole. The notification should be
communicated to the alien orally and in
writing, in a language the alien claims
to understand.''.
SEC. 8. CONDITIONS OF DETENTION.
(a) Definitions.--In this section:
(1) Applicable standards.--The term ``applicable
standards'' means the most recent version of detention
standards and detention-related policies issued by the
Secretary or the Director of U.S. Immigration and Customs
Enforcement.
(2) Detention facility.--The term ``detention facility''
means a Federal, State, or local government facility, or a
privately owned and operated facility, that is used, in whole
or in part, to hold individuals under the authority of the
Director of U.S. Immigration and Customs Enforcement, including
facilities that hold such individuals under a contract or
agreement with the Director.
(b) Detention Requirements.--The Secretary shall ensure that all
persons detained pursuant to the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) are treated humanely and benefit from the
protections set forth in this section.
(c) Oversight Requirements.--
(1) Annual inspection.--All detention facilities shall be
inspected by the Secretary on a regular basis, but not less
than annually, for compliance with applicable detention
standards issued by the Secretary and other applicable
regulations.
(2) Routine oversight.--In addition to annual inspections,
the Secretary shall conduct routine oversight of detention
facilities, including unannounced inspections.
(3) Availability of records.--All detention facility
contracts, memoranda of agreement, and evaluations and reviews
shall be considered records for purposes of section 552(f)(2)
of title 5, United States Code.
(4) Consultation.--The Secretary shall seek input from
nongovernmental organizations regarding their independent
opinion of specific facilities.
(d) Compliance Mechanisms.--
(1) Agreements.--
(A) New agreements.--Compliance with applicable
standards established by the Secretary and all
applicable regulations, and meaningful financial
penalties for failure to comply, shall be a material
term in any new contract, memorandum of agreement, or
any renegotiation, modification, or renewal of an
existing contract or agreement, including fee
negotiations, executed with detention facilities.
(B) Existing agreements.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary shall secure a modification incorporating
these terms for any existing contracts or agreements
that will not be renegotiated, renewed, or otherwise
modified.
(C) Cancellation of agreements.--Unless the
Secretary provides a reasonable extension to a specific
detention facility that is negotiating in good faith,
contracts or agreements with detention facilities that
are not modified within 1 year of the date of the
enactment of this Act shall be canceled.
(D) Provision of information.--In making
modifications under this paragraph, the Secretary shall
require that detention facilities regularly provide the
Secretary with all contracts, memoranda of agreement,
evaluations, and reviews regarding the facility. The
Secretary shall make such materials available to the
public.
(2) Financial penalties.--
(A) Requirement to impose.--Subject to subparagraph
(C), the Secretary shall impose meaningful financial
penalties upon facilities that fail to comply with
applicable detention standards established by the
Secretary and other applicable regulations.
(B) Timing of imposition.--Financial penalties
shall be imposed under subparagraph (A) immediately
after a facility fails to achieve an adequate or the
equivalent median score in any performance evaluation.
(C) Waiver.--The requirements under subparagraph
(A) may be waived if the facility corrects the noted
deficiencies and receives an adequate score during the
90-day period beginning on the date on which the
facility failed to achieve an adequate score in a
performance evaluation.
(D) Multiple offenders.--If a facility persistently
and substantially fails to comply with applicable
detention standards, including scoring less than
adequate or the equivalent median score in 2
consecutive inspections--
(i) the Secretary shall terminate all
contracts or agreements with such facility not
later than 60 days after such failure; or
(ii) if the facility is operated by the
Secretary, the Secretary shall close such
facility not later than 90 days after such
failure.
(e) Reporting Requirements.--
(1) Objectives.--Not later than June 30 of each year, the
Secretary shall prepare and submit a report to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary
of the House of Representatives that describes the inspection
and oversight activities of detention facilities.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) a description of each detention facility found
to be in noncompliance with applicable detention
standards issued by the Department or other applicable
regulations;
(B) a description of the actions taken by the
Department to remedy any findings of noncompliance or
other identified problems, including financial
penalties, contract or agreement termination, or
facility closure; and
(C) information regarding whether the actions
described in subparagraph (B) resulted in compliance
with applicable detention standards and regulations.
(f) Limitations on Solitary Confinement, Shackling, and Strip
Searches.--
(1) Extraordinary circumstances.--Solitary confinement,
shackling, and strip searches of detainees--
(A) may not be used unless such techniques are
necessitated by extraordinary circumstances in which
the safety of other persons is at imminent risk; and
(B) may not be used for the purpose of humiliating
detainees within or outside the detention facility.
(2) Protected classes.--Solitary confinement, shackling,
and strip searches may not be used on pregnant women, nursing
mothers, women in labor or delivery, or children who are
younger than 18 years of age. Strip searches may not be
conducted in the presence of children who are younger than 21
years of age.
(3) Written policies.--Detention facilities shall--
(A) adopt written policies pertaining to the use of
force and restraints; and
(B) train all staff on the proper use of such
techniques and devices.
SEC. 9. TIMELY NOTICE OF IMMIGRATION CHARGES.
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226)
is amended by adding at the end the following:
``(f) Notice and Charges.--Not later than 48 hours after the
commencement of a detention of an individual under this section, the
Secretary of Homeland Security shall--
``(1) file a Notice to Appear or other relevant charging
document with the immigration court closest to the location at
which the individual was apprehended; and
``(2) serve such notice or charging document on the
individual.''.
SEC. 10. PROCEDURES FOR ENSURING ACCURACY AND VERIFIABILITY OF SWORN
STATEMENTS TAKEN PURSUANT TO EXPEDITED REMOVAL AUTHORITY.
(a) In General.--The Secretary shall establish quality assurance
procedures to ensure the accuracy and verifiability of signed or sworn
statements taken by employees of the Department exercising expedited
removal authority under section 235(b) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)).
(b) Recording of Interviews.--
(1) In general.--Any sworn or signed written statement
taken from an alien as part of the record of a proceeding under
section 235(b)(1)(A) of the Immigration and Nationality Act
shall be accompanied by a recording of the interview which
served as the basis for such sworn statement.
(2) Content.--The recording shall include--
(A) a reading of the entire written statement to
the alien in a language that the alien claims to
understand; and
(B) the verbal affirmation by the alien of the
accuracy of--
(i) the written statement; or
(ii) a corrected version of the written
statement.
(3) Format.--The recording shall be made in video, audio,
or other equally reliable format.
(4) Evidence.--Recordings of interviews under this
subsection may be considered as evidence in any further
proceedings involving the alien.
(c) Exemption Authority.--
(1) Exempted facilities.--Subsection (b) shall not apply to
interviews that occur at detention facilities exempted by the
Secretary under this subsection.
(2) Criteria.--The Secretary, or the Secretary's designee,
may exempt any detention facility if compliance with subsection
(b) at that facility would impair operations or impose undue
burdens or costs.
(3) Report.--The Secretary shall annually submit a report
to Congress that identifies the facilities that have been
exempted under this subsection.
(4) No private cause of action.--Nothing in this subsection
may be construed to create a private cause of action for
damages or injunctive relief.
(d) Interpreters.--The Secretary shall ensure that a professional
fluent interpreter is used if--
(1) the interviewing officer is not certified by the
Department to speak a language understood by the alien; and
(2) there is no other Federal Government employee available
who is able to interpret effectively, accurately, and
impartially.
SEC. 11. CHILD WELFARE PROFESSIONALS.
(a) Defined Term.--The term ``qualified child welfare
professional'' means a professional with expertise in developmentally
appropriate, culturally competent, and trauma-centered interviewing
skills.
(b) Guidelines.--The Secretary, in consultation with the Secretary
of Health and Human Services, shall develop guidelines and train all
relevant staff in accordance with such guidelines, to ensure that all
children in the custody of the Department are properly screened for
protection needs.
(c) Memorandum of Understanding.--The Secretary and the Secretary
of Health and Human Services shall establish a memorandum of
understanding for the placement of qualified child welfare
professionals, on a full- or part-time basis, to assist with screening
for protection needs in not fewer than 7 U.S. Customs and Border
Protection offices or stations, with presumptive priority given to
those offices or stations with the largest number of child
apprehensions during the previous fiscal year.
SEC. 12. STUDY ON THE EFFECT OF EXPEDITED REMOVAL PROVISIONS,
PRACTICES, AND PROCEDURES ON ASYLUM CLAIMS.
(a) Study.--
(1) Definitions.--In this subsection:
(A) Commission.--The term ``Commission'' means the
United States Commission on International Religious
Freedom.
(B) Credible fear of persecution.--The term
``credible fear of persecution'' has the meaning given
the term in section 235(b)(1)(B)(v) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)).
(C) Immigration officer.--The term ``immigration
officer'' means an immigration officer performing
duties under section 235(b) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)) with respect to
aliens who--
(i) are apprehended after entering the
United States; and
(ii) may be eligible to apply for asylum
under section 208 or 235 of such Act.
(2) Authorization.--The Commission is authorized to conduct
a study to determine whether immigration officers are engaging
in conduct described in paragraph (3).
(3) Conduct described.--An immigration officer engages in
conduct described in this paragraph if the immigration
officer--
(A) improperly encourages an alien referred to in
paragraph (1)(C) to withdraw or retract claims for
asylum;
(B) incorrectly fails to refer such an alien for an
interview by an asylum officer to determine whether the
alien has a credible fear of persecution, including
failing to record an alien's expression of fear of
persecution or torture;
(C) incorrectly removes such an alien to a country
in which the alien may be persecuted;
(D) detains such an alien improperly or under
inappropriate conditions;
(E) improperly separates a family unit after a
family member has expressed a credible fear of
persecution; or
(F) improperly refers an alien for processing under
an enforcement or deterrence program, such as the
Consequence Delivery System.
(b) Report.--Not later than 2 years after the date on which the
Commission initiates the study under subsection (a)(2), the Commission
shall submit a report containing the results of the study to--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on Homeland Security of the House of
Representatives;
(5) the Committee on the Judiciary of the House of
Representatives; and
(6) the Committee on Foreign Affairs of the House of
Representatives.
(c) Staff.--
(1) From other agencies.--
(A) Identification.--The Commission may identify
employees of the Department of Homeland Security, the
Department of Justice, and the Government
Accountability Office that have significant expertise
and knowledge of refugee and asylum issues.
(B) Designation.--At the request of the Commission,
the Secretary, the Attorney General, and the
Comptroller General of the United States shall
authorize staff identified under subparagraph (A) to
assist the Commission in conducting the study under
subsection (a).
(2) Additional staff.--The Commission may hire additional
staff and consultants to conduct the study under subsection
(a).
(3) Access to proceedings.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary and the Attorney General shall
provide staff designated under paragraph (1) or hired
under paragraph (2) with unrestricted access to all
stages of all proceedings conducted under section
235(b) of the Immigration and Nationality Act (8 U.S.C.
1225(b)).
(B) Exceptions.--The Secretary and the Attorney
General may not permit unrestricted access under
subparagraph (A) if--
(i) the alien subject to a proceeding under
such section 235(b) objects to such access; or
(ii) the Secretary or Attorney General
determines that the security of a particular
proceeding would be threatened by such access.
SEC. 13. TRAINING FOR BORDER SECURITY AND IMMIGRATION ENFORCEMENT
OFFICERS.
The Secretary shall ensure that U.S. Customs and Border Protection
officers, U.S. Border Patrol agents, U.S. Immigration and Customs
Enforcement officers and agents, United States Air and Marine Division
agents, and agriculture specialists stationed within 100 miles of any
land or marine border of the United States or at any United States port
of entry receive appropriate training, which shall be prepared in
collaboration with the Assistant Attorney General for the Civil Rights
Division of the Department of Justice, in--
(1) identifying and detecting fraudulent travel documents;
(2) civil, constitutional, human, and privacy rights of
individuals;
(3) the scope of enforcement authorities, including
interrogations, stops, searches, seizures, arrests, and
detentions;
(4) use of force policies issued by the Secretary;
(5) immigration laws, including screening, identifying, and
addressing vulnerable populations, such as children, victims of
crime and human trafficking, and individuals fleeing
persecution or torture;
(6) social and cultural sensitivity toward border
communities;
(7) the impact of border operations on communities; and
(8) any particular environmental concerns in a particular
area.
SEC. 14. REFUGEE OPPORTUNITY PROMOTION.
Section 209 of the Immigration and Nationality Act (8 U.S.C. 1159)
is amended--
(1) in subsection (a)(1)(B), by striking ``one year,'' and
inserting ``1 year (except as provided under subsection
(d));'';
(2) in subsection (b)(2), by striking ``asylum,'' and
inserting ``asylum (except as provided under subsection
(d));''; and
(3) by adding at the end the following:
``(d) Exception to Physical Presence Requirement.--An alien who
does not meet the 1-year physical presence requirement under subsection
(a)(1)(B) or (b)(2), but who otherwise meets the requirements under
subsection (a) or (b) for adjustment of status to that of an alien
lawfully admitted for permanent residence, may be eligible for such
adjustment of status if the alien--
``(1) is or was employed by--
``(A) the United States Government or a contractor
of the United States Government overseas and performing
work on behalf of the United States Government for the
entire period of absence, which may not exceed 1 year;
or
``(B) the United States Government or a contractor
of the United States Government in the alien's country
of nationality or last habitual residence for the
entire period of absence, which may not exceed 1 year,
and the alien was under the protection of the United
States Government or a contractor while performing work
on behalf of the United States Government during the
entire period of employment; and
``(2) returned immediately to the United States upon the
conclusion of the employment.''.
SEC. 15. PROTECTIONS FOR MINORS SEEKING ASYLUM.
(a) In General.--Section 208 of the Immigration and Nationality Act
(8 U.S.C. 1158) is amended--
(1) in subsection (a)(2), as amended by section 3, by
amending subparagraph (E) to read as follows:
``(E) Applicability to minors.--Subparagraphs (A),
(B), and (C) shall not apply to an applicant who is
younger than 18 years of age on the earlier of--
``(i) the date on which the asylum
application is filed; or
``(ii) the date on which any Notice to
Appear is issued.''; and
(2) in subsection (b)(3), by amending subparagraph (C) to
read as follows:
``(C) Initial jurisdiction.--An asylum officer (as
defined in section 235(b)(1)(E)) shall have initial
jurisdiction over any asylum application filed by an
applicant who is younger than 18 years of age on the
earlier of--
``(i) the date on which the asylum
application is filed; or
``(ii) the date on which any Notice to
Appear is issued.''.
(b) Derivative Refugees and Asylees.--
(1) Admission of spouse, child, mother, or father.--Section
207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)) is amended--
(A) by amending paragraph (2) to read as follows:
``(2)(A)(i) A spouse or child (as defined in subparagraph
(A), (B), (C), (D), or (E) of section 101(b)(1)) of any
refugee, or the mother or father of an alien who is such a
child and who qualifies for admission under paragraph (1), if
not otherwise entitled to admission under such paragraph and
not described in section 101(a)(42)(B), shall be entitled to
the same admission status as such refugee if--
``(I) accompanying, or following to join, such
refugee; and
``(II) the spouse, child, mother, or father is
admissible (except as otherwise provided under
paragraph (3)) as an immigrant under this chapter.
``(ii) The admission to the United States of a spouse,
child, mother, or father described in subparagraph (A) shall be
charged against the numerical limitation established in
accordance with the appropriate subsection under which the
refugee's admission is charged.
``(B)(i) An unmarried alien who seeks to accompany, or
follow to join, his or her mother or father who was granted
admission as a refugee under this subsection, and who was
younger than 21 years of age on the date on which such mother
or father applied for refugee status under this section, shall
continue to be classified as a child for purposes of this
paragraph if the alien attained 21 years of age while such
application was pending.
``(ii) A mother or father who seeks to accompany, or follow
to join, an alien granted admission as a refugee under this
subsection shall continue to be classified as a mother or
father for purposes of this paragraph, if the alien attained 21
years of age while such application was pending.''; and
(B) in paragraph (4), by striking ``(and of the
spouse or child of the alien)'' and inserting ``(and of
the spouse, child, mother, or father of the alien)''.
(2) Treatment of spouse, children, mother, and father
seeking asylum.--Section 208(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1158) is amended--
(A) in the paragraph heading, by striking ``and
children'' and inserting ``, children, mothers, and
fathers'';
(B) in subparagraph (A), by striking ``(as defined
in section 101(b)(1)(A), (B), (C), (D), or (E)) of an
alien'' and inserting ``(as defined in subparagraph
(A), (B), (C), (D), or (E) of section 101(b)(1)) of an
alien, or the mother or father of an alien who is such
a child,''; and
(C) by amending subparagraph (B) to read as
follows:
``(B) Continued classification of certain aliens as
children.--(i) An unmarried alien who seeks to
accompany, or follow to join, a mother or father
granted asylum under this subsection, and who was
younger than 21 years of age on the date on which such
mother or father applied for asylum under this section,
shall continue to be classified as a child for purposes
of this paragraph and section 209(b)(3) if the alien
attained 21 years of age while such application was
pending.
``(ii) A mother or father who seeks to accompany,
or follow to join, an alien granted asylum under this
subsection shall continue to be classified as a mother
or father for purposes of this paragraph and section
209(b)(3) if the alien attained 21 years of age while
such application was pending.''.
(c) Reinstatement of Removal.--Section 241(a) of the Immigration
and Nationality Act (8 U.S.C. 1231(a)) is amended--
(1) in paragraph (5), by striking ``If the Attorney
General'' and inserting ``Except as provided in paragraph (8),
if the Secretary of Homeland Security''; and
(2) by adding at the end of the following:
``(8) Applicability of reinstatement of removal.--Paragraph
(5) shall not apply to an alien who--
``(A) reentered the United States illegally after
having been removed or after having departed
voluntarily under an order of removal; and
``(B) was younger than 18 years of age on the date
on which the alien was removed or departed voluntarily
under an order of removal.''.
SEC. 16. FAIR DAY IN COURT FOR KIDS.
(a) Improving Immigration Court Efficiency and Reducing Costs by
Increasing Access to Legal Information.--
(1) Appointment of counsel in certain cases; right to
review certain documents in removal proceedings.--Section
240(b) of the Immigration and Nationality Act (8 U.S.C.
1229a(b)) is amended--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``, at no expense
to the Government,''; and
(II) by striking the comma at the
end and inserting a semicolon;
(ii) by redesignating subparagraphs (B) and
(C) as subparagraphs (D) and (E), respectively;
(iii) by inserting after subparagraph (A)
the following:
``(II) the Attorney General may
appoint or provide counsel to aliens in
immigration proceedings;
``(III) at the beginning of the
proceedings or as expeditiously as
possible, the alien shall automatically
receive a complete copy of the alien's
Alien File (commonly known as an `A-
file') and Form I-862 (commonly known
as a `Notice to Appear') in the
possession of the Department of
Homeland Security (other than documents
protected from disclosure by privilege,
including national security information
referred to in subparagraph (D), law
enforcement sensitive information, and
information prohibited from disclosure
pursuant to any other provision of law)
unless the alien waives the right to
receive such documents by executing a
knowing and voluntary written waiver in
a language that he or she understands
fluently;''; and
(iv) in subparagraph (D), as redesignated,
by striking ``, and'' and inserting ``; and'';
and
(B) by adding at the end the following:
``(8) Failure to provide alien required documents.--In the
absence of a waiver under paragraph (4)(C), a removal
proceeding may not proceed until the alien--
``(A) has received the documents required under
such paragraph; and
``(B) has been provided meaningful time to review
and assess such documents.''.
(2) Clarification regarding the authority of the attorney
general to appoint counsel to aliens in immigration
proceedings.--Section 292 of the Immigration and Nationality
Act (8 U.S.C. 1362) is amended--
(A) by striking ``In any'' and inserting the
following:
``(a) In General.--In any'';
(B) in subsection (a), as redesignated--
(i) by striking ``(at no expense to the
Government)''; and
(ii) by striking ``he shall'' and inserting
``the person shall''; and
(C) by adding at the end the following:
``(b) Appointment of Counsel.--
``(1) In general.--The Attorney General may appoint or
provide counsel to aliens in any proceeding conducted under
section 235(b), 236, 238, 240, or 241 or any other section of
this Act.
``(2) Access to counsel.--The Secretary of Homeland
Security shall facilitate access to counsel for aliens detained
inside immigration detention and border facilities in any
proceeding conducted under section 235(b), 236, 238, 240, or
241.''.
(3) Appointment of counsel for children and vulnerable
individuals.--
(A) In general.--Section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362), as amended by
paragraph (2), is further amended by adding at the end
the following:
``(c) Children and Vulnerable Individuals.--Notwithstanding
subsection (b), the Attorney General shall appoint counsel, at the
expense of the Government if necessary, at the beginning of the
proceedings or as expeditiously as possible, to represent in such
proceedings any alien who has been determined by the Secretary of
Homeland Security or the Attorney General to be--
``(1) a child;
``(2) a particularly vulnerable individual, such as--
``(A) a person with a disability; or
``(B) a victim of abuse, torture, or violence; or
``(3) an individual whose circumstances are such that the
appointment of counsel is necessary to help ensure fair
resolution and efficient adjudication of the proceedings.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Executive Office of Immigration Review of the
Department of Justice such sums as may be necessary to carry out this
section.''.
(B) Rulemaking.--The Attorney General shall
promulgate regulations to implement section 292(c) of
the Immigration and Nationality Act, as added by
subparagraph (A), in accordance with the requirements
set forth in section 3006A of title 18, United States
Code.
(b) Access by Counsel and Legal Orientation at Detention
Facilities.--
(1) Access to legal orientation programs.--The Secretary,
in consultation with the Attorney General, shall establish
procedures to ensure that legal orientation programs are
available for all aliens detained by the Department to inform
such aliens of the basic procedures of immigration hearings,
their rights relating to those hearings under Federal
immigration laws, information that may deter such aliens from
filing frivolous legal claims, and any other information that
the Attorney General considers appropriate, such as a contact
list of potential legal resources and providers. Access to
legal orientation programs shall not be limited by the alien's
current immigration status, prior immigration history, or
potential for immigration relief.
(2) Pilot project for nondetained aliens in removal
proceedings.--The Attorney General shall develop and administer
a 2-year pilot program at not fewer than 2 immigration courts
to provide nondetained aliens with pending asylum claims access
to legal information. At the conclusion of the pilot program,
the Attorney General shall submit a report to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary
of the House of Representatives that describes the extent to
which nondetained aliens are provided with access to counsel.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Executive Office of Immigration
Review of the Department of Justice such sums as may be
necessary to carry out this subsection.
(c) Case Management Pilot Program To Increase Court Appearance
Rates.--
(1) Contract authority.--The Secretary shall establish a
pilot program to increase the court appearance rates of aliens
described in paragraphs (2) and (3) of section 292(c) of the
Immigration and Nationality Act, as added by subsection
(a)(3)(A), by contracting with nongovernmental, community-based
organizations to provide appropriate case management services
to such aliens.
(2) Scope of services.--Case management services provided
under paragraph (1) shall include assisting aliens with--
(A) accessing legal counsel;
(B) complying with court-imposed deadlines and
other legal obligations; and
(C) accessing social services, as appropriate.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Department such sums as may be
necessary to carry out this subsection.
(d) Report on Access to Counsel.--
(1) Report.--Not later than December 31 of each year, the
Secretary, in consultation with the Attorney General, shall
prepare and submit a report to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives regarding the extent to which aliens
described in section 292(c) of the Immigration and Nationality
Act, as added by subsection (a)(3)(A), have been provided
access to counsel.
(2) Contents.--Each report submitted under paragraph (1)
shall include, for the immediately preceding 1-year period, the
number and percentage of aliens described in paragraphs (1),
(2), and (3), respectively, of section 292(c) of the
Immigration and Nationality Act, as added by subsection
(a)(3)(A), who were represented by counsel, including
information specifying--
(A) the stage of the legal process at which the
alien was represented;
(B) whether the alien was in government custody;
and
(C) the number and percentage of aliens who
received legal orientation presentations.
SEC. 17. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.
(a) In General.--Chapter 1 of title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding at the end
the following:
``SEC. 210A. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.
``(a) Defined Term.--
``(1) In general.--In this section, the term `stateless
person' means an individual who is not considered a national
under the operation of the laws of any country.
``(2) Designation of specific stateless groups.--The
Secretary of Homeland Security, in consultation with the
Secretary of State, may, in the discretion of the Secretary of
Homeland Security, designate specific groups of individuals who
are considered stateless persons, for purposes of this section.
``(b) Mechanisms for Regularizing the Status of Stateless
Persons.--
``(1) Relief for certain individuals determined to be
stateless persons.--The Secretary of Homeland Security or the
Attorney General shall provide lawful conditional resident
status to an alien who--
``(A) is a stateless person who is present in the
United States;
``(B) applies for such relief;
``(C) has not lost his or her nationality as a
result of voluntary action after arrival in the United
States, unless the loss was the result of duress,
coercion, or a reasonable expectation that he or she
had acquired or would acquire another nationality or
citizenship; and
``(D) is not inadmissible under paragraph (2) or
(3) of section 212(a) based on criminal or national
security grounds and is not described in section
241(b)(3)(B)(i).
``(2) Waivers.--The Secretary of Homeland Security or the
Attorney General may waive any provisions under paragraph (2)
or (3) of section 212(a) (other than subparagraph (B), (D)(ii),
(E), (G), (H), or (I) of paragraph (2) or subparagraph (A),
(B), (C), (E), or (F) of paragraph (3)) with respect to such an
alien for humanitarian purposes, to assure family unity, or if
it is otherwise in the public interest.
``(3) Submission of passport or travel document.--Any alien
who seeks relief under this section shall submit to the
Secretary of Homeland Security or the Attorney General--
``(A) any available passport or travel document
issued at any time to the alien (whether or not the
passport or document has expired or been canceled,
rescinded, or revoked); or
``(B) an affidavit, sworn under penalty of
perjury--
``(i) stating that the alien has never been
issued a passport or travel document; or
``(ii) identifying with particularity any
such passport or travel document and explaining
why the alien cannot submit it.
``(4) Work authorization.--The Secretary of Homeland
Security may authorize an alien who has applied for and is
found prima facie eligible for or been granted relief under
paragraph (1) to engage in employment in the United States.
``(5) Travel documents.--Upon request, the Secretary of
Homeland Security shall provide the conditional resident
recognized under subsection (b) with a document that
facilitates the alien's ability to travel abroad and be
admitted to the United States upon return, if otherwise
admissible.
``(6) Treatment of spouse and children.--The spouse or
child of an alien who has been granted lawful conditional
resident status under paragraph (1) shall, if not otherwise
eligible for admission under paragraph (1), be granted lawful
conditional resident status under this subsection if
accompanying, or following to join, such alien if--
``(A) the spouse or child is admissible (except as
otherwise provided in paragraph (2)) and is not
described in section 241(b)(3)(B)(i); and
``(B) the qualifying relationship to the principal
beneficiary existed on the date on which such alien was
granted conditional lawful status.
``(c) Adjustment of Status.--
``(1) Inspection and examination.--At the end of the 1-year
period beginning on the date on which an alien has been granted
conditional lawful status under subsection (b), the alien may
apply for lawful permanent residence in the United States if--
``(A) the alien has been physically present in the
United States for at least 1 year;
``(B) the alien's conditional lawful status has not
been terminated by the Secretary of Homeland Security
or the Attorney General, pursuant to such regulations
as the Secretary or the Attorney General may prescribe;
and
``(C) the alien has not otherwise acquired
permanent resident status.
``(2) Requirements for adjustment of status.--The Secretary
of Homeland Security or the Attorney General, under such
regulations as the Secretary or the Attorney General may
prescribe, shall adjust the status of an alien granted
conditional lawful status under subsection (b) to that of an
alien lawfully admitted for permanent residence if such alien--
``(A) is a stateless person;
``(B) properly applies for such adjustment of
status;
``(C) has been physically present in the United
States for at least 5 years after being granted
conditional lawful status under subsection (b);
``(D) has not acquired permanent foreign residence
that is substantially likely to result in the
acquisition of citizenship; and
``(E) is admissible (except as otherwise provided
under subsection (b)(2)) as an immigrant under this
chapter at the time of examination of such alien for
adjustment of status.
``(3) Record.--Upon approval of an application under this
subsection, the Secretary of Homeland Security or the Attorney
General shall establish a record of the alien's admission for
lawful permanent residence as of the date that is 1 year before
the date of such approval.
``(d) Travel Documents.--Upon request, the Secretary of Homeland
Security shall provide alien lawfully admitted for permanent residence
under subsection (c) with a document that facilitates the alien's
ability to travel abroad and be admitted to the United States upon
return, if otherwise admissible.
``(e) Proving the Claim.--
``(1) In general.--In determining an alien's eligibility
for lawful conditional resident status or lawful permanent
resident status under this section, the Secretary of Homeland
Security or the Attorney General shall consider any credible
evidence relevant to the application, including information
from the Secretary of State, especially the Bureaus of
Population Refugees and Migration and the Bureau of Democracy,
Human Rights and Labor.
``(2) Burden of proof.--In determining an alien's
eligibility for lawful conditional resident status or lawful
permanent resident status under this section--
``(A) the applicant shall provide a full and
truthful account of his or her legal status in any
nation in which the applicant was born or resided
before entering the United States and submit all
evidence reasonably available; and
``(B) the Secretary of Homeland Security shall
obtain and submit to the immigration officer or
immigration judge all available evidence regarding the
applicant's legal status in the nation of birth or
prior residence.
``(f) Review.--
``(1) Administrative review.--No appeal shall lie from the
denial of an application by the Secretary, but such denial will
be without prejudice to the alien's right to renew the
application in proceedings under section 240.
``(2) Motions to reopen.--
``(A) In general.--Notwithstanding any limitation
imposed by law on motions to reopen removal,
deportation, or exclusion proceedings, any individual
who is eligible for relief under this section may file
a motion to reopen proceedings in order to apply for
relief under this section.
``(B) Deadlines.--Any motion under subparagraph (A)
shall be filed not later than the later of--
``(i) 2 years after the date of the
enactment of the Refugee Protection Act of
2016; or
``(ii) 90 days after the date of entry of a
final administrative order of removal,
deportation, or exclusion.
``(C) Effect of other limitations.--No time or
numerical limitation may be construed to restrict the
filing of a motion to reopen under this section if such
limitation is based on previously unavailable or
changed facts or circumstances that would undermine an
applicant's access to nationality that was previously
alleged by the Secretary of Homeland Security or the
applicant.
``(g) Limitations.--
``(1) Applicability.--The provisions of this section shall
only apply to aliens present in the United States.
``(2) Savings provision.--Nothing in this section may be
construed to authorize or require--
``(A) the admission of any alien to the United
States; or
``(B) the parole of any alien into the United
States.''.
(b) Conforming Amendment.--Section 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(4)) is amended by inserting ``to
aliens granted adjustment of status under section 210A(c) or'' after
``level,''.
(c) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act is amended by inserting after the item relating to
section 210 the following:
``Sec. 210A. Protection of stateless persons in the United States.''.
SEC. 18. AUTHORITY TO DESIGNATE CERTAIN GROUPS OF REFUGEES FOR
CONSIDERATION.
(a) In General.--Section 207(c)(1) of the Immigration and
Nationality Act (8 U.S.C. 1157(c)(1)) is amended--
(1) by inserting ``(A)'' before ``Subject to the numerical
limitations''; and
(2) by adding at the end the following:
``(B)(i) The President, upon a recommendation of the Secretary of
State made in consultation with the Secretary of Homeland Security, and
after appropriate consultation, may designate specifically defined
groups of aliens--
``(I) whose resettlement in the United States is justified
by humanitarian concerns or is otherwise in the national
interest; and
``(II) who--
``(aa) share common characteristics that identify
them as targets of persecution on account of race,
religion, nationality, membership in a particular
social group, or political opinion or of other serious
harm; or
``(bb) having been identified as targets as
described in item (aa), share a common need for
resettlement due to a specific vulnerability.
``(ii) An alien who establishes membership in a group designated
under clause (i) to the satisfaction of the Secretary of Homeland
Security shall be considered a refugee for purposes of admission as a
refugee under this section unless the Secretary determines that such
alien ordered, incited, assisted, or otherwise participated in the
persecution of any person on account of race, religion, nationality,
membership in a particular social group, or political opinion.
``(iii) A designation under clause (i) is for purposes of
adjudicatory efficiency and may be revoked by the President at any time
after notification to Congress.
``(iv) Categories of aliens established under section 599D of
Public Law 101-167 (8 U.S.C. 1157 note)--
``(I) shall be designated under clause (i) until the end of
the first fiscal year commencing after the date of the
enactment of the Refugee Protection Act of 2016; and
``(II) shall be eligible for designation thereafter at the
discretion of the President.
``(v) An alien's admission under this subparagraph shall count
against the refugee admissions goal under subsection (a).
``(vi) A designation under clause (i) shall not influence decisions
to grant, to any alien, asylum under section 208, protection under
section 241(b)(3), or protection under the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at
New York December 10, 1984.
``(vii) A decision to deny admission under this section to an alien
who establishes to the satisfaction of the Secretary that the alien is
a member of a group designated under clause (i)--
``(I) shall be in writing; and
``(II) shall cite the specific applicable provisions of
this Act upon which such denial was based, including--
``(aa) the facts underlying the determination; and
``(bb) whether there is a waiver of inadmissibility
available to the applicant.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the first fiscal year that begins after
the date of the enactment of this Act.
SEC. 19. MULTIPLE FORMS OF RELIEF.
(a) In General.--Applicants for admission as refugees may
simultaneously pursue admission under any visa category for which such
applicants may be eligible.
(b) Asylum Applicants Who Become Eligible for Diversity Visas.--
Section 204(a)(1)(I) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(I)) is amended by adding at the end the following:
``(iv)(I) An asylum seeker in the United States who is notified
that he or she is eligible for an immigrant visa pursuant to section
203(c) may file a petition with the district director that has
jurisdiction over the district in which the asylum seeker resides (or,
in the case of an asylum seeker who is or was in removal proceedings,
the immigration court in which the removal proceeding is pending or was
adjudicated) to adjust status to that of a permanent resident.
``(II) A petition under subclause (I) shall be filed not later than
30 days before the end of the fiscal year for which the petitioner
received notice of eligibility for the visa and shall contain such
information and be supported by such documentary evidence as the
Secretary of State may require.
``(III) The district director or immigration court shall attempt to
adjudicate each petition under this clause before the last day of the
fiscal year for which the petitioner was selected. Notwithstanding
clause (ii)(II), if the district director or immigration court is
unable to complete such adjudication during such fiscal year, the
adjudication and adjustment of the petitioner's status may take place
after the end of such fiscal year.''.
SEC. 20. PROTECTION OF REFUGEE FAMILIES.
(a) Children of Refugee or Asylee Spouses and Children.--A child of
an alien who qualifies for admission as a spouse or child under section
207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act (8
U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to the same
admission status as such alien if the child--
(1) is accompanying or following to join such alien; and
(2) is otherwise admissible under such section 207(c)(2)(A)
or 208(b)(3).
(b) Separated Children.--A child younger than 18 years of age who
has been separated from the birth or adoptive parents of such child and
is living under the care of an alien who has been approved for
admission to the United States as a refugee shall be admitted as a
refugee if--
(1) it is in the best interest of such child to be placed
with such alien in the United States; and
(2) such child is otherwise admissible under section
207(c)(3) of the Immigration and Nationality Act (8 U.S.C.
1157(c)(3)).
(c) Elimination of Time Limits on Reunification of Refugee and
Asylee Families.--
(1) Emergency situation refugees.--Section 207(c)(2)(A) of
the Immigration and Nationality Act (8 U.S.C. 1157(c)(2)(A)) is
amended by striking ``A spouse or child (as defined in section
101(b)(1) (A), (B), (C), (D), or (E))'' and inserting,
``Regardless of when such refugee was admitted to the United
States, a spouse, child (other than a child described in
section 101(b)(1)(F)), mother, or father of an alien who is a
child (other than a child described in section 101(b)(1)(F))''.
(2) Asylum.--Section 208(b)(3)(A) of such Act (8 U.S.C.
1158(b)(3)(A)) is amended to read as follows:
``(A) In general.--A spouse, child (other than a
child described in section 101(b)(1)(F)), mother, or
father of an alien who is a child (other than a child
described in section 101(b)(1)(F)) of an alien who was
granted asylum under this subsection at any time may,
if not otherwise eligible for asylum under this
section, be granted the same status as the alien if
accompanying or following to join such alien.''.
(d) Timely Adjudication of Refugee and Asylee Family Reunification
Petitions.--Title II of the Immigration and Nationality Act (8 U.S.C.
1151 et seq.) is amended--
(1) in section 207(c)(2), as amended by subsection (c)(1),
by adding at the end the following:
``(C)(i) A person who is lawfully present in the United States may
file an affidavit of relationship for such person's spouse or child
(other than a child described in section 101(b)(1)(F)) to enter the
United States as a refugee if such spouse or child qualifies for
admission under paragraph (1) and is not described in section
101(a)(42)(B).
``(ii) A spouse or child described in clause (i) may enter the
United States as a refugee through the family reunification procedures
described in subparagraph (A), regardless of the how the lawfully
present person entered the United States.
``(iii) The admission of a spouse or child described in clause (i)
shall be subject to the numerical limitations established pursuant to
subsections (a) and (b).
``(D) The Secretary of Homeland Security shall ensure that the
application of an alien who is following to join a refugee who
qualifies for admission under paragraph (1) is adjudicated not later
than 90 days after the submission of such application.''; and
(2) in section 208(b)(3), as amended by section 15 and
subsection (c)(2), by adding at the end the following:
``(D) Timely adjudication.--The Secretary shall
ensure that the application of each alien described in
subparagraph (A) who applies to follow an alien granted
asylum under this subsection is adjudicated not later
than 90 days after the submission of such
application.''.
SEC. 21. REFORM OF REFUGEE CONSULTATION PROCESS.
Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)
is amended--
(1) in subsection (a), by adding at the end the following:
``(5) All officers of the Federal Government responsible for
refugee admissions or refugee resettlement shall treat the
determinations made under this subsection and subsection (b) as the
refugee admissions goal for the fiscal year.'';
(2) in subsection (d), by adding at the end the following:
``(4) Not later than 15 days after the last day of each calendar
quarter, the President shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives that contains--
``(A) the number of refugees who were admitted during the
previous quarter;
``(B) the percentage of those arrivals against the refugee
admissions goal for such quarter;
``(C) the cumulative number of refugees who were admitted
during the fiscal year as of the end of such quarter;
``(D) the number of refugees to be admitted during the
remainder of the fiscal year in order to meet the refugee
admissions goal for the fiscal year; and
``(E) a plan that describes the procedural or personnel
changes necessary to achieve the refugee admissions goal for
the fiscal year.''; and
(3) in subsection (e)--
(A) by redesignating paragraphs (1) through (7) as
subparagraphs (A) through (G), respectively;
(B) in the matter preceding subparagraph (A), as
redesignated--
(i) by inserting ``(1)'' after ``(e)''; and
(ii) by inserting ``, which shall be
commenced not later than May 1 of each year and
continue periodically throughout the remainder
of the year, if necessary,'' after
``discussions in person'';
(C) by striking ``To the extent possible,'' and
inserting the following:
``(2) To the extent possible''; and
(D) by adding at the end the following:
``(3)(A) The plans referred to in paragraph (1)(C) shall include
estimates of--
``(i) the number of refugees the President expects to have
ready to travel to the United States at the beginning of the
fiscal year;
``(ii) the number of refugees and the stipulated
populations the President expects to admit to the United States
in each quarter of the fiscal year; and
``(iii) the number of refugees the President expects to
have ready to travel to the United States at the end of the
fiscal year.
``(B) The Secretary of Homeland Security shall ensure that an
adequate number of refugees are processed during the fiscal year to
fulfill the refugee admissions goals under subsections (a) and (b).
``(C) In fulfilling the requirements under this subsection, the
President shall--
``(i) establish specific objectives or measurements for the
integration of refugees admitted to the United States; and
``(ii) submit an annual report to Congress on the
integration of resettled refugees on the basis of such
objectives or measurements.''.
SEC. 22. ADMISSION OF REFUGEES IN THE ABSENCE OF THE ANNUAL
PRESIDENTIAL DETERMINATION.
Section 207(a) of the Immigration and Nationality Act (8 U.S.C.
1157(a)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (1), (2), (3), and (4), respectively;
(3) in paragraph (1), as redesignated--
(A) by striking ``after fiscal year 1982''; and
(B) by adding at the end the following: ``If the
President does not issue a determination under this
paragraph before the beginning of a fiscal year, the
number of refugees that may be admitted under this
section in each quarter before the issuance of such
determination shall be 25 percent of the number of
refugees admissible under this section during the
previous fiscal year.''; and
(4) in paragraph (3), as redesignated, by striking
``(beginning with fiscal year 1992)''.
SEC. 23. UPDATE OF RECEPTION AND PLACEMENT GRANTS.
Beginning with fiscal year 2014, not later than 30 days before the
beginning of each fiscal year, the Secretary of State shall notify
Congress of the amount of funds that the Secretary will provide in its
Reception and Placement Grants in the coming fiscal year. In setting
the amount of such grants each year, the Secretary shall ensure that--
(1) the grant amount is adjusted so that it is adequate to
provide for the anticipated initial resettlement needs of
refugees, including adjusting the amount for inflation and the
cost of living;
(2) an amount is provided at the beginning of the fiscal
year to each national resettlement agency that is sufficient to
ensure adequate local and national capacity to serve the
initial resettlement needs of refugees the Secretary
anticipates the agency will resettle throughout the fiscal
year; and
(3) additional amounts are provided to each national
resettlement agency promptly upon the arrival of refugees that,
exclusive of the amounts provided pursuant to paragraph (2),
are sufficient to meet the anticipated initial resettlement
needs of such refugees and support local and national
operational costs in excess of the estimates described in
paragraph (1).
SEC. 24. PROTECTION FOR ALIENS INTERDICTED AT SEA.
Section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1231(b)(3)) is amended--
(1) in the paragraph heading, by striking ``to a country
where alien's life or freedom would be threatened'' and
inserting ``or return if refugee's life or freedom would be
threatened or alien would be subjected to torture'';
(2) in subparagraph (A)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(i) Life or freedom threatened.--
Notwithstanding''; and
(B) by adding at the end the following:
``(ii) Asylum interview.--Notwithstanding
paragraphs (1) and (2), a United States officer
may not return any alien interdicted or
otherwise encountered in international waters
or United States waters who has expressed a
fear of return to his or her country of
departure, origin, or last habitual residence--
``(I) until such alien has had the
opportunity to be interviewed by an
asylum officer in a confidential
setting to determine whether that alien
has a well-founded fear of persecution
because of the alien's race, religion,
nationality, membership in a particular
social group, or political opinion, or
because the alien would be subject to
torture in that country; or
``(II) if an asylum officer has
determined that the alien has such a
well-founded fear of persecution or
would be subject to torture in his or
her country of departure, origin, or
last habitual residence.'';
(3) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(4) by inserting after subparagraph (A) the following:
``(B) Protections for aliens interdicted in
international or united states waters.--The Secretary
of Homeland Security shall issue regulations
establishing a uniform procedure applicable to all
aliens interdicted in international or United States
waters that--
``(i) provides each alien--
``(I) a meaningful opportunity to
express, through a translator who is
fluent in a language the alien claims
to understand, a fear of return to his
or her country of departure, origin, or
last habitual residence; and
``(II) in a confidential setting
and in a language the alien claims to
understand, information concerning the
alien's interdiction, including the
ability to inform United States
officers about any fears relating to
the alien's return or repatriation;
``(ii) provides each alien expressing such
a fear of return or repatriation a confidential
interview conducted by an asylum officer, in a
language the alien claims to understand, to
determine whether the alien's return to his or
her country of origin or country of last
habitual residence is prohibited because the
alien has a well-founded fear of persecution--
``(I) because of the alien's race,
religion, nationality, membership in a
particular social group, or political
opinion; or
``(II) because the alien would be
subject to torture in that country;
``(iii) ensures that each alien can
effectively communicate with United States
officers through the use of a translator fluent
in a language the alien claims to understand;
and
``(iv) provides each alien who, according
to the determination of an asylum officer, has
a well-founded fear of persecution for the
reasons specified in clause (ii) or would be
subject to torture, an opportunity to seek
protection in--
``(I) a country other than the
alien's country of origin or country of
last habitual residence in which the
alien has family or other ties that
will facilitate resettlement; or
``(II) if the alien has no such
ties, a country that will best
facilitate the alien's resettlement,
which may include the United States.''.
SEC. 25. MODIFICATION OF PHYSICAL PRESENCE REQUIREMENTS FOR ALIENS
SERVING AS TRANSLATORS.
(a) In General.--Section 1059(e)(1) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C.
1101 note) is amended to read as follows:
``(1) In general.--
``(A) Continuous residence.--An absence from the
United States described in paragraph (2) shall not be
considered to break any period for which continuous
residence in the United States is required for
naturalization under title III of the Immigration and
Nationality Act (8 U.S.C. 1401 et seq.).
``(B) Physical presence.--In the case of a lawful
permanent resident, for an absence from the United
States described in paragraph (2), the time spent
outside of the United States in the capacity described
in paragraph (2) shall be counted towards the
accumulation of the required physical presence in the
United States.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the amendment made by section 1(c)(2) of
the Act entitled ``An Act to increase the number of Iraqi and Afghani
translators and interpreters who may be admitted to the United States
as special immigrants, and for other purposes'', approved June 15, 2007
(Public Law 110-36; 121 Stat. 227).
SEC. 26. PROTECTING VICTIMS OF TERRORISM FROM BEING DEFINED AS
TERRORISTS.
(a) Terrorist Activities.--Section 212(a)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended to read as
follows:
``(B) Terrorist activities.--
``(i) In general.--Except as provided in
clause (ii) and subsection (d)(3)(B)(i), an
alien is inadmissible if--
``(I) the alien has engaged in a
terrorist activity;
``(II) a consular officer, the
Attorney General, or the Secretary of
Homeland Security knows, or has
reasonable ground to believe, that the
alien is engaged, or is likely to
engage after entry, in any terrorist
activity;
``(III) the alien has, under
circumstances indicating an intention
to cause death or serious bodily harm,
incited terrorist activity;
``(IV) the alien is a
representative of--
``(aa) a terrorist
organization; or
``(bb) a political, social,
or other group that endorses or
espouses terrorist activity;
``(V) the alien is a member of a
terrorist organization;
``(VI) the alien endorses or
espouses terrorist activity or
persuades others to endorse or espouse
terrorist activity or support a
terrorist organization;
``(VII) the alien has received
military-type training (as defined in
section 2339D(c)(1) of title 18, United
States Code) from, or on behalf of, any
organization that, at the time the
training was received, was a terrorist
organization; or
``(VIII) the alien is an officer,
official, representative, or spokesman
of the Palestine Liberation
Organization.
``(ii) Exceptions.--
``(I) Lack of knowledge.--Clause
(i)(V) shall not apply to an alien who
is a member of a terrorist organization
described in clause (iii)(V)(cc) if the
alien demonstrates by clear and
convincing evidence that the alien did
not know, and should not reasonably
have known, that the organization was a
terrorist organization.
``(II) Duress.--Clause (i)(VII) and
items (dd) through (ff) of clause
(iii)(I) shall not apply to an alien
who establishes that his or her actions
giving rise to inadmissibility under
such clause were committed under duress
and the alien does not pose a threat to
the security of the United States. In
determining whether the alien was
subject to duress, a consular officer,
the Attorney General, or the Secretary
of Homeland Security may consider,
among relevant factors, the age of the
alien at the time such actions were
committed.
``(iii) Definitions.--In this section:
``(I) Engage in terrorist
activity.--The term `engage in
terrorist activity' means, in an
individual capacity or as a member of
an organization--
``(aa) to commit or to
incite to commit, under
circumstances indicating an
intention to cause death or
serious bodily injury, a
terrorist activity;
``(bb) to prepare or plan a
terrorist activity;
``(cc) to gather
information on potential
targets for terrorist activity;
``(dd) to solicit funds or
other things of value for--
``(AA) a terrorist
activity;
``(BB) a terrorist
organization described
in item (aa) or (bb) of
clause (iii)(V); or
``(CC) a terrorist
organization described
in clause (iii)(V)(cc),
unless the solicitor
can demonstrate by
clear and convincing
evidence that he or she
did not know, and
should not reasonably
have known, that the
organization was a
terrorist organization;
``(ee) to solicit any
individual--
``(AA) to engage in
conduct otherwise
described in this
subsection;
``(BB) for
membership in a
terrorist organization
described in item (aa)
or (bb) of clause
(iii)(V); or
``(CC) for
membership in a
terrorist organization
described in clause
(iii)(V)(cc) unless the
solicitor can
demonstrate by clear
and convincing evidence
that he or she did not
know, and should not
reasonably have known,
that the organization
was a terrorist
organization; or
``(ff) to commit an act
that the actor knows, or
reasonably should know, affords
material support, including a
safe house, transportation,
communications, funds, transfer
of funds or other material
financial benefit, false
documentation or
identification, weapons
(including chemical,
biological, or radiological
weapons), explosives, or
training--
``(AA) for the
commission of a
terrorist activity;
``(BB) to any
individual who the
actor knows, or
reasonably should know,
has committed or plans
to commit a terrorist
activity;
``(CC) to a
terrorist organization
described in item (aa)
or (bb) of clause
(iii)(V) or to any
member of such an
organization; or
``(DD) to a
terrorist organization
described in clause
(iii)(V)(cc), or to any
member of such an
organization, unless
the actor can
demonstrate by clear
and convincing evidence
that he or she did not
know, and should not
reasonably have known,
that the organization
was a terrorist
organization.
``(II) Material support.--The term
`material support' means support that
is significant and of a kind directly
relevant to terrorist activity.
``(III) Representative.--The term
`representative' includes--
``(aa) an officer,
official, or spokesman of an
organization; and
``(bb) any person who
directs, counsels, commands, or
induces an organization or its
members to engage in terrorist
activity.
``(IV) Terrorist activity.--The
term `terrorist activity' means any
activity which is unlawful under the
laws of the place where it is committed
(or which, if it had been committed in
the United States, would be unlawful
under the laws of the United States or
any State) and which involves--
``(aa) the highjacking or
sabotage of any conveyance
(including an aircraft, vessel,
or vehicle);
``(bb) the seizing or
detaining, and threatening to
kill, injure, or continue to
detain, another individual in
order to compel a third person
(including a governmental
organization) to do or abstain
from doing any act as an
explicit or implicit condition
for the release of the
individual seized or detained;
``(cc) a violent attack
upon an internationally
protected person (as defined in
section 1116(b)(4) of title 18,
United States Code) or upon the
liberty of such a person;
``(dd) an assassination;
``(ee) the use, with the
intent to endanger the safety
of one or more individuals or
to cause substantial damage to
property, of any--
``(AA) biological
agent, chemical agent,
or nuclear weapon or
device; or
``(BB) explosive,
firearm, or other
weapon or dangerous
device (other than for
mere personal monetary
gain); or
``(ff) a threat, attempt,
or conspiracy to carry out any
of the activities described in
items (aa) through (ee).
``(V) Terrorist organization.--The
term `terrorist organization' means an
organization--
``(aa) designated under
section 219;
``(bb) otherwise
designated, upon publication in
the Federal Register, by the
Secretary of State in
consultation with or upon the
request of the Attorney General
or the Secretary of Homeland
Security, as a terrorist
organization, after finding
that the organization engages
in the activities described in
items (aa) through (ff) of
subclause (I); or
``(cc) that is a group of
two or more individuals,
whether organized or not, which
engages in, or has a subgroup
which engages in, the
activities described in items
(aa) through (ff) of subclause
(I).''.
(b) Child Soldiers.--
(1) Inadmissibility.--Section 212(a)(3)(G) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(G)) is
amended by adding at the end the following ``This subparagraph
shall not apply to an alien who establishes that the actions
giving rise to inadmissibility under this subparagraph were
committed under duress or carried out while the alien was
younger than 18 years of age.''.
(2) Deportability.--Section 237(a)(4)(F) of such Act (8
U.S.C. 1227(a)(4)(F)) is amended--
(A) by redesignating subparagraph (F) as
subparagraph (G);
(B) by redesignating subparagraph (E) (as added by
section 5502(b)), as subparagraph (F); and
(C) in subparagraph (G), as redesignated, by adding
at the end the following ``This subparagraph shall not
apply to an alien who establishes that the actions
giving rise to deportability under this subparagraph
were committed under duress or carried out while the
alien was younger than 18 years of age.''.
(c) Temporary Admission of Nonimmigrants.--Section 212(d)(3)(B)(i)
of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is
amended to read as follows:
``(B)(i) The Secretary of State, after consultation with
the Attorney General and the Secretary of Homeland Security, or
the Secretary of Homeland Security, after consultation with the
Secretary of State and the Attorney General, may conclude, in
such Secretary's sole, unreviewable discretion, that subsection
(a)(3)(B) shall not apply to an alien or that subsection
(a)(3)(B)(iii)(V)(cc) shall not apply to a group. The Secretary
of State may not exercise discretion under this clause with
respect to an alien after removal proceedings against the alien
have commenced under section 240.''.
SEC. 27. ASSESSMENT OF THE REFUGEE DOMESTIC RESETTLEMENT PROGRAM.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a study regarding the effectiveness of the domestic
refugee resettlement programs operated by the Office of Refugee
Resettlement.
(b) Matters To Be Studied.--In the study required under subsection
(a), the Comptroller General shall determine and analyze--
(1) how the Office of Refugee Resettlement defines self-
sufficiency;
(2) if this definition is adequate in addressing refugee
needs in the United States;
(3) the effectiveness of the Office of Refugee Resettlement
programs in helping refugees to meet self-sufficiency;
(4) an analysis of the unmet needs of the programs;
(5) an evaluation of the Office of Refugee Resettlement's
budgetary resources and projection of the amount of additional
resources needed to fully address the unmet needs of refugees
with regard to self-sufficiency;
(6) the role of community-based organizations in serving
refugees in areas experiencing a high number of new refugee
arrivals;
(7) an analysis of how community-based organizations can be
better utilized and supported in the Federal domestic
resettlement process; and
(8) recommendations on statutory changes to improve the
Office of Refugee Resettlement and the domestic refugee program
in relation to the matters analyzed under paragraphs (1)
through (7).
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General shall submit a report to Congress
that contains the results of the study required under subsection (a).
SEC. 28. REFUGEE ASSISTANCE.
(a) Amendments to Social Services Funding.--Section 412(c)(1)(B) of
the Immigration and Nationality Act (8 U.S.C. 1522(c)(1)(B)) is amended
to read as follows:
``(B) The funds available for a fiscal year for grants and
contracts under subparagraph (A) shall be allocated among the
States based on a combination of--
``(i) the total number or refugees (including
children and adults) who arrived in the United States
not more than 36 months before the beginning of such
fiscal year and are actually residing in each State
(taking into account secondary migration) as of the
beginning of the fiscal year;
``(ii) the total number of all other eligible
populations served by the Office during the period
described who are residing in the State as of the
beginning of the fiscal year; and
``(iii) projections on the number and nature of
incoming refugees and other populations served by the
Office during the subsequent fiscal year.''.
(b) Report on Secondary Migration.--Section 412(a)(3) of such Act
(8 U.S.C. 1522(a)(3)) is amended--
(1) by striking ``a periodic'' and inserting ``an annual'';
and
(2) by adding at the end the following: ``At the end of
each fiscal year, the Director shall submit a report to
Congress that describes the findings of the assessment,
including States experiencing departures and arrivals due to
secondary migration, likely reasons for migration, the impact
of secondary migration on States hosting secondary migrants,
availability of social services for secondary migrants in those
States, and unmet needs of those secondary migrants.''.
(c) Assistance Made Available to Secondary Migrants.--Section
412(a)(1) of such Act (8 U.S.C. 1522(a)(1)) is amended by adding at the
end the following:
``(C) When providing assistance under this section, the
Director shall ensure that such assistance is also provided to
refugees who are secondary migrants and meet all other
eligibility requirements for such services.''.
(d) Refugees Needing Specialized Medical Care or Preparation.--
Section 412(b)(4)(B) of such Act (8 U.S.C. 1522(b)(4)(B)) is amended by
inserting ``requiring specialized care or preparation before the
refugee's arrival in the United States, or'' after ``medical
conditions''.
(e) Legal Assistance for Refugees and Asylees.--Section
412(c)(1)(A) of such Act (8 U.S.C. 1522(c)(1)(A)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following:
``(iii) to provide legal services for
refugees to assist them in obtaining
immigration benefits for which they are
eligible; and''.
(f) Notice and Rulemaking.--Not later than 90 days after the date
of enactment of this Act, but in no event later than 30 days before the
effective date of the amendments made by this section, the Assistant
Secretary shall--
(1) issue a proposed rule of the new formula by which
grants and contracts are to be allocated pursuant to the
amendments made by subsection (c); and
(2) solicit public comment.
(g) Effective Date.--The amendments made by this section shall take
effect on the first day of the first fiscal year that begins after the
date of the enactment of this Act.
SEC. 29. RESETTLEMENT DATA.
Section 412(a) of the Immigration and Nationality Act (8 U.S.C.
1522(a)) is amended--
(1) in paragraph (2)(A), by inserting ``, and shall
consider data collected under paragraph (11)'' before the
period at the end; and
(2) by adding at the end the following:
``(11)(A) The Assistant Secretary of Health and Human
Services for Refugee and Asylee Resettlement (referred to in
this section as the `Assistant Secretary') shall expand the
Office of Refugee Resettlement's data analysis, collection, and
sharing activities in accordance with this paragraph.
``(B) The Assistant Secretary shall coordinate with the
Centers for Disease Control, national resettlement agencies,
community-based organizations, and State refugee health
programs to track national and State trends on refugees
arriving with Class A medical conditions and other urgent
medical needs. In collecting information under this paragraph,
the Assistant Secretary shall utilize initial refugee health
screening data, including history of severe trauma, torture,
mental health symptoms, depression, anxiety and post traumatic
stress disorder, recorded during domestic and international
health screenings, and Refugee Medical Assistance utilization
rate data.
``(C) The Assistant Secretary shall partner with State
refugee programs, community-based organizations, and national
resettlement agencies to collect data relating to the housing
needs of refugees, including--
``(i) the number of refugees who have become
homeless; and
``(ii) the number of refugees at severe risk of
becoming homeless.
``(D) The Assistant Secretary shall gather longitudinal
information relating to refugee self-sufficiency and employment
status for a 2-year period beginning 1 year after the refugee's
arrival.
``(E) The Assistant Secretary shall annually--
``(i) update the data collected under this
paragraph; and
``(ii) submit a report to Congress that contains
the updated data.''.
SEC. 30. EXTENSION OF ELIGIBILITY PERIOD FOR SOCIAL SECURITY BENEFITS
FOR CERTAIN REFUGEES.
(a) Extension of Eligibility Period.--
(1) In general.--Section 402(a)(2)(M)(i) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1612(a)(2)(M)(i)) is amended--
(A) in subclause (I), by striking ``9-year'' and
inserting ``10-year''; and
(B) in subclause (II), by striking ``2-year'' and
inserting ``3-year''.
(2) Conforming amendment.--The heading for section
402(a)(2)(M)(i) of such Act is amended by striking ``Two-year
extension'' and inserting ``Extension''.
(3) Effective date.--The amendments made by this subsection
shall take effect as of October 1, 2016.
(b) Extension of Period for Collection of Unemployment Compensation
Debts Resulting From Fraud.--Paragraph (8) of section 6402(f) of the
Internal Revenue Code of 1986 (relating to collection of unemployment
compensation debts resulting from fraud) is amended by striking ``10
years'' and inserting ``10 years and 2 months''.
SEC. 31. PROHIBITION ON OPERATION STREAMLINE FOR ASYLUM SEEKERS.
The Secretary shall refrain from referring any asylum seeker for
prosecution under section 275 or 276 of the Immigration and Nationality
Act (8 U.S.C. 1325 or 1326) absent a negative determination pursuant to
section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(B)).
SEC. 32. T AND U VISA REFORMS.
(a) T Visas.--Section 214(o) (8 U.S.C. 1184(o)) is amended by
adding at the end the following:
``(8) Notwithstanding any provision of this Act granting
eligibility for employment in the United States, the Secretary of
Homeland Security shall grant employment authorization to an alien who
has filed an application for nonimmigrant status under section
101(a)(15)(T) on the date that is the earlier of--
``(A) the date on which the alien's application for such
status is approved; and
``(B) a date determined by the Secretary that is not later
than 180 days after the date on which such alien filed such
application.''.
(b) U Visas.--
(1) Increased accessibility.--Section 214(p)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1184(p)(2)(A)) is
amended by striking ``10,000'' and inserting ``20,000''.
(2) Work authorization while u visa applications are
pending.--Section 214(p) of such Act (8 U.S.C. 1184(p)), as
amended by paragraph (1), is further amended--
(A) in paragraph (6), by striking the last
sentence; and
(B) by adding at the end the following:
``(8) Work authorization.--Notwithstanding any provision of
this Act granting eligibility for employment in the United
States, the Secretary of Homeland Security shall grant
employment authorization to an alien who has filed an
application for nonimmigrant status under section 101(a)(15)(U)
on the date that is the earlier of--
``(A) the date on which the alien's application for
such status is approved; and
``(B) a date determined by the Secretary that is
not later than 180 days after the date on which such
alien filed such application.''.
SEC. 33. TRANSPARENCY IN REFUGEE DETERMINATIONS.
Section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)) is amended by adding at the end the following:
``(5) The adjudicator of an application for refugee status under
this section shall consider all relevant evidence and maintain a record
of the evidence considered.
``(6) An applicant for refugee status may be represented, including
at a refugee interview, at no expense to the Government, by an attorney
or accredited representative who--
``(A) was chosen by the applicant; and
``(B) is authorized by the Secretary of Homeland Security
to be recognized as the representative of such applicant in an
adjudication under this section.
``(7)(A) A decision to deny an application for refugee status under
this section--
``(i) shall be in writing; and
``(ii) shall cite the specific applicable provisions of
this Act upon which such denial was based, including--
``(I) the facts underlying the determination; and
``(II) whether there is a waiver of inadmissibility
available to the applicant.
``(B) The basis of any negative credibility finding shall be part
of the written decision.
``(8)(A) An applicant who is denied refugee status under this
section may file a request with the Secretary for a review of his or
her application not later than 120 days after such denial.
``(B) A request filed under subparagraph (A) shall be adjudicated
by refugee officers who have received training on considering requests
for review of refugee applications that have been denied.
``(C) The Secretary shall publish the standard applied to a request
for review under this paragraph.
``(D) A request for review under this paragraph may result in the
decision being granted, denied, or reopened for a further interview.
``(E) A decision on a request for review under this paragraph--
``(i) shall be in writing; and
``(ii) shall provide, to the maximum extent feasible,
information on the reason for the denial.''.
SEC. 34. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act, and the amendments made by this Act.
SEC. 35. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139),
shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, jointly
submitted for printing in the Congressional Record by the Chairmen of
the Senate Budget Committee, provided that such statement has been
submitted prior to the vote on passage.
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