Eritrean Nationals’ Safety from Unjust Removal or Expulsion Act

There are 700 Eritrean nationals living in the United States who have final orders of removal.

In September 2017, the Secretary of Homeland Security announced visa sanctions to encourage certain recalcitrant countries, including Eritrea, to accept the respective nationals from such countries who are subject to final orders of removal from the United States.

Eritrea has generally declined to issue travel documents to accept such nationals upon removal from the United States but has begun to issue such documents due to the threat of visa sanctions from the United States.

The human rights crisis and humanitarian situation in Eritrea has resulted in extraordinary conditions that have driven nationals to flee the country and prevented such nationals from safely returning to Eritrea.

Conditions in Eritrea have been historically dangerous and oppressive for certain groups that frequently suffer state reprisal, including individuals who have fled Eritrea to evade indefinite military service and arbitrary detention, conscientious objectors, opponents of political leaders in Eritrea, journalists, and religious minorities.

If returned to Eritrea after removal from the United States, many Eritrean nationals that belong to such groups may face persecution, torture, or death.

Eritrean nationals who are removed from the United States are also at a particular risk of state reprisal for leaving in the first place.

The most recent report of the United Nations Special Rapporteur on the situation of human rights in Eritrea assessed current country conditions as grim, with arbitrary arrests, detentions, tortures, disappearances, and extrajudicial executions occurring regularly.

Human rights violations, including indefinite military service, overcrowding in prolonged, unsanitary detention, and an overall lack of freedom of movement and expression, persist in Eritrea, contributing to the mass exodus from the country.

United Nations Special Rapporteurs in Eritrea have determined that this situation is forcing many Eritrean nationals to choose between enslavement if they stay in Eritrea or death if they attempt to leave Eritrea.

The most recent State Department report on human rights practices in Eritrea warns that many citizens who have fled Eritrea “remain in self-imposed exile due to their religious and political views and fear that they would be conscripted into national service if returned,” which may result in torture and death.

In order to begin to restore immigration relations with the United States, Eritrea will need to adopt accountability measures that ensure that Eritrean nationals returned to Eritrea do not face state reprisal.

In 2018, the co-chairs of the Tom Lantos Human Rights Commission reiterated these concerns in a bipartisan delegation letter to the Secretary of State, urging the Department of State to ensure human rights objectives were taken into consideration when resetting any relations or policies toward Eritrea.

In 2017, the Director of U.S. Immigration and Customs Enforcement sought to remove approximately 700 Eritrean nationals from the United States.

Without enough time to seek immigration assistance based on country conditions in Eritrea, and without careful consideration for each case, Eritrean nationals could be removed to face persecution, torture, or death before such Eritreans receive fair adjudication of eligibility for relief under current law and in light of present facts.

Deferring removal of Eritrean nationals for 24 months would give—

Eritrean nationals should not be deported to Eritrea if such nationals face persecution, torture, or death;

due to the horrific conditions in Eritrea, including conditions listed under section 2, and the substantial increase in removal orders for Eritrean aliens in the United States, it would both be unfair and dangerous to deport Eritreans without ensuring that each case is carefully considered or, if applicable, reconsidered based on current country conditions in Eritrea; and

the removal of Eritrean nationals described in section 4 should be deferred for a period of 24 months, at the end of which Congress should have the opportunity to reevaluate conditions in Eritrea.

In General— Subject to subsection (b), an alien may not be removed during the 24-month period beginning on the date of the enactment of this Act if the alien—

Employment authorizations— Upon application to the Secretary of Homeland Security, an alien whose removal is deferred pursuant to this Act shall be authorized to engage in employment during the 24-month period described in subsection (a), provided that—

In general— Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide notice of the provisions of this Act to each alien described in section 4(a).

Contents of notice— The notice required under subsection (a) shall include clear instructions explaining how an alien may file a motion to reopen a proceeding under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) based on current country conditions.

the immigration status of such alien in the United States; or

a motion filed by the alien to reopen a proceeding under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).

Review— Notwithstanding any other provision of law, an individual or entity who has been harmed by a violation of this Act may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief.

Rule of construction— Nothing in this Act may be construed to preclude an action filed pursuant to subsection (a) from proceeding as a class action (as such term is defined in section 1711 of title 28, United States Code).

Report regarding asylum and refugee seekers— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security, in consultation with the Attorney General, shall submit to Congress a report that includes—

Report on the safety of Eritrean nationals removed from the United States— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to Congress a report describing how the Federal Government is ensuring the safety of Eritrean nationals removed from the United States to another country.