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Title II — Refugee and asylum seeker processing in Western Hemisphere

S. 2936 · 116th Congress · Nov 21, 2019 · Lineage

II Refugee and asylum seeker processing in Western Hemisphere

Sec. 201 Expansion of refugee and asylum seeker processing

(a)
Strengthening processing and adjudication capacity—
(1)
In general— The Secretary of State, in consultation with the Secretary, shall collaborate with international partners, including the United Nations High Commissioner for Refugees, to support and strengthen the domestic capacity of countries in the Western Hemisphere—
(A)
to process and accept refugees for resettlement; and
(B)
to adjudicate asylum claims.
(2)
Support and technical assistance— The Secretary of State, in consultation with the Secretary, shall provide support and technical assistance to countries in the Western Hemisphere to help such countries—
(A)
expand and improve their capacity to identify, process, and adjudicate refugee claims, adjudicate applications for asylum, or otherwise accept refugees referred for resettlement by the United Nations High Commissioner for Refugees or host nations, including by increasing the number of refugee and asylum officers (as defined in section 235(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(E))) who are trained in the relevant legal standards for adjudicating claims for protection;
(B)
establish and expand safe and secure refugee reception centers to facilitate the safe and orderly movement of individuals and families seeking international protection;
(C)
improve national refugee and asylum registration systems to ensure that any person seeking refugee status, asylum, or other humanitarian protections—
(i)
receives due process and meaningful access to existing humanitarian protections;
(ii)
is provided with adequate information about his or her rights, including the right to seek protection;
(iii)
is properly screened for security, including biographic and biometric capture; and
(iv)
receives appropriate documents to prevent fraud and ensure freedom of movement and access to basic social services; and
(D)
develop the capacity to conduct best interest determinations for unaccompanied children with international protection needs to ensure that—
(i)
such children are properly registered; and
(ii)
their claims are appropriately considered.
(b)
Diplomatic engagement and coordination— The Secretary of State, in coordination with the Secretary, as appropriate, shall—
(1)
carry out diplomatic engagement to secure commitments from governments to resettle refugees from Central America; and
(2)
take all necessary steps to ensure effective cooperation among governments resettling refugees from Central America.

Sec. 202 Strengthening regional humanitarian responses

The Secretary of State, in consultation with the Secretary, and in coordination with international partners, including the United Nations High Commissioner for Refugees, shall support and coordinate with the government of each country hosting a significant population of refugees and asylum seekers from El Salvador, Guatemala, and Honduras—
(1)
to establish and expand temporary shelter and shelter network capacity to meet the immediate protection and humanitarian needs of refugees and asylum seekers, including shelters for families, women, unaccompanied children, and other vulnerable populations;
(2)
to deliver to refugees and asylum seekers humanitarian assistance that—
(A)
is sensitive to gender identity and sexual orientation, trauma, and age; and
(B)
includes access to accurate information, legal representation, education, livelihood opportunities, cash assistance, mental and physical health care, and other services;
(3)
to establish and expand sexual, gender-based, intimate partner, and intra-family violence prevention, recovery, and humanitarian programming;
(4)
to fund national and community humanitarian organizations in humanitarian response; and
(5)
to support local integration initiatives to help refugees and asylum seekers rebuild their lives and contribute in a meaningful way to the local economy in their host country.

Sec. 203 Information campaign on dangers of irregular migration

(a)
In general— The Secretary of State, in consultation with the Secretary, shall design and implement public information campaigns in El Salvador, Guatemala, and Honduras—
(1)
to disseminate information about the potential dangers of travel to the United States;
(2)
to provide accurate information about United States immigration law and policy; and
(3)
to provide accurate information about the availability of asylum and other humanitarian protections in countries in the Western Hemisphere.
(b)
Elements— To the greatest extent possible, the information campaigns implemented pursuant to subsection (a)—
(1)
shall be targeted at regions with high rates of violence, high levels of out-bound migration, or significant populations of internally displaced persons;
(2)
shall use local languages;
(3)
shall employ a variety of communications media; and
(4)
shall be developed in consultation with program officials at the Department of Homeland Security, the Department of State, and other government, nonprofit, or academic entities in close contact with migrant populations from El Salvador, Guatemala, and Honduras, including repatriated migrants.

Sec. 204 Reporting requirement

Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary, shall submit a report describing the plans of the Secretary of State to assist in developing the refugee and asylum processing capabilities described in this title to—
(1)
the Committee on the Judiciary of the Senate;
(2)
the Committee on Foreign Relations of the Senate;
(3)
the Committee on Appropriations of the Senate;
(4)
the Committee on the Judiciary of the House of Representatives;
(5)
the Committee on Foreign Affairs of the House of Representatives; and
(6)
the Committee on Appropriations of the House of Representatives.

Sec. 205 Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States

(a)
Designated processing centers—
(1)
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary, shall enter into agreements for the Secretary to establish designated processing centers for—
(A)
registering, screening, and processing refugees and other eligible individuals in North America and Central America; and
(B)
resettling or relocating such individuals to the United States or to other countries.
(2)
Locations— Not fewer than 1 designated processing center shall be established in a safe and secure location identified by the United States and the host government in—
(A)
El Salvador;
(B)
Guatemala;
(C)
Honduras;
(D)
Mexico;
(E)
Costa Rica; and
(F)
any other country that the Secretary of State determines can accept and process requests and applications under this title, including any country in North America or Central America that is hosting significant numbers of refugees or other displaced individuals.
(b)
Assistant Director of Regional Processing—
(1)
In general— The Director of U.S. Citizenship and Immigration Services shall appoint an Assistant Director of Regional Processing, who shall oversee the establishment and operation of all designated processing centers.
(2)
Duties— The Assistant Director of Regional Processing, in coordination with the Secretary and the Director of U.S. Citizenship and Immigration Services, shall—
(A)
coordinate with the Secretary of State and the host country to ensure that each designated processing center is safe, secure, and reasonably accessible to the public to facilitate the registration, screening, and processing of individuals under this title;
(B)
establish standard operating procedures for the registration, screening, and processing of individuals under this title;
(C)
oversee the administration of the procedures established pursuant to subparagraph (B); and
(D)
carry out other duties and powers prescribed by the Director of U.S. Citizenship and Immigration Services.
(c)
Personnel—
(1)
Refugee officers and related personnel— The Secretary, in consultation with the Director of U.S. Citizenship and Immigration Services and the Assistant Director of Regional Processing, shall ensure that sufficient numbers of refugee officers and other personnel are assigned to each designated processing center to fulfill the requirements under this title.
(2)
Support personnel— The Secretary and the Attorney General shall hire and assign sufficient personnel to ensure that all security and law enforcement background checks required under this title are completed not later than 180 days after a relevant application is submitted, absent exceptional circumstances.
(d)
Operations—
(1)
In general— Each designated processing center established pursuant to subsection (a)(2) shall commence operations not later than 270 days after the date of the enactment of this Act, absent extraordinary circumstances.
(2)
Productivity— The Secretary, in coordination with the Secretary of State, shall—
(A)
monitor the activities of each designated processing center; and
(B)
establish metrics and criteria for evaluating the productivity of each designated processing center.
(3)
Continuing operations— Each designated processing center—
(A)
shall remain in operation for not less than 5 fiscal years; and
(B)
shall continue operating until the Secretary determines, in consultation with the Secretary of State, and using the metrics and criteria established pursuant to paragraph (2)(B), that the designated processing center has failed to maintain sufficient productivity for at least 4 consecutive calendar quarters.
(4)
Registration— Each designated processing center shall receive and register individuals seeking to apply for benefits under this title.
(5)
Intake— Consistent with this title, registered individuals shall be assessed to determine the benefits for which they may be eligible, including—
(A)
refugee resettlement pursuant to the Central American Refugee Program described in section 206;
(B)
the Central American Minors Program described in section 207; and
(C)
the Central American Family Reunification Parole Program described in section 208.
(6)
Expedited processing— The Secretary may grant expedited processing of applications and requests under this title in emergency situations, for humanitarian reasons, or if other circumstances warrant expedited treatment.
(e)
Congressional reports— Not later than January 31 of the first fiscal year immediately following the conclusion of the fiscal year during which the first designated processing center commences operations, and every January 31 thereafter, the Secretary, in consultation with the Secretary of State, shall submit a report to the Committee on the Judiciary of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Foreign Affairs of the House of Representatives that identifies, with respect to each designated processing center during the previous fiscal year—
(1)
the number of individuals who were registered, screened, and processed for benefits under this title;
(2)
the number of benefits requests that were approved; and
(3)
the number of benefits requests that were denied.

Sec. 206 Central American Refugee Program

(a)
In general—
(1)
Minimum annual number of central american refugees— In addition to any refugees designated for admission under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), in each of fiscal years 2020, 2021, 2022, 2023, and 2024, not fewer than 100,000 nationals of El Salvador, Guatemala, or Honduras shall be admitted into the United States under this section.
(2)
Eligibility— Any alien described in paragraph (1) shall be admitted under this section if—
(A)
the alien registers at a designated processing center on or before September 30, 2024; and
(B)
the Secretary of State, in consultation with the Secretary, determines that the alien is admissible as a refugee of special humanitarian concern to the United States in accordance with this section.
(b)
Initial processing—
(1)
In general— Any alien who, while registering at a designated processing center, expresses a fear of persecution or an intention to apply for refugee status may apply for refugee resettlement under this section. Each applicant who files a completed application shall be referred to a refugee officer for further processing in accordance with this section.
(2)
Submission of biographic and biometric data— An applicant described in paragraph (1) shall submit biographic and biometric data in accordance with procedures established by the Assistant Director of Regional Processing appointed pursuant to section 205(b), who shall provide an alternative procedure for applicants who are unable to provide all required biographic and biometric data due to a physical or mental impairment.
(3)
Background checks— The Assistant Director of Regional Processing shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for admission as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157).
(4)
Orientation— The Assistant Director of Regional Processing shall provide prospective applicants for refugee resettlement with information on applicable requirements and legal standards. All orientation materials, including application forms and instructions, shall be made available in English and Spanish.
(5)
International organizations— The Secretary of State, in consultation with the Secretary, shall enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the processing and preparation of case files for applicants under this section.
(c)
Adjudication of applications—
(1)
In general— Not later than 60 days after the date on which an applicant is referred for further processing pursuant to subsection (b)(1), the applicant shall be interviewed by a refugee officer, who shall determine whether the applicant is a refugee of special humanitarian concern to the United States (as defined in paragraph (5)).
(2)
Decision— Not later than 14 days after the date on which an applicant is interviewed under paragraph (1), the refugee officer shall issue a written decision regarding the application.
(3)
Approval of application— If a refugee officer approves an application under this section, the applicant shall be processed for resettlement to the United States as a refugee in accordance with section 207 of the Immigration and Nationality Act (8 U.S.C. 1157). The security and law enforcement background checks required under subsection (b)(3) shall be completed, to the satisfaction of the Assistant Director of Regional Processing, before the date on which an approved applicant may be admitted to the United States.
(4)
Denial of application— If the refugee officer denies an application under this section, the officer shall include a reasoned, written explanation for the denial and refer the applicant for a determination of eligibility for other benefits under this title in accordance with section 205(d)(5). An applicant who has been denied status as a refugee of special humanitarian concern under this section may request review of such decision by a supervisory refugee officer not later than 30 days after the date of such denial. The supervisory refugee officer shall issue a final written decision not later than 30 days after such request for review.
(5)
Refugee of special humanitarian concern— In this section, the term refugee of special humanitarian concern to the United States means any individual who, in his or her country of nationality has suffered (or in the case of an individual who remains in his or her country of nationality, has a well-founded fear of suffering)—
(A)
domestic, sexual, or other forms of gender-based violence, including forced marriage and persecution based on sexual orientation or gender identity;
(B)
violence, extortion, or other forms of persecution (including forced recruitment) committed by gangs or other organized criminal organizations;
(C)
a severe form of trafficking in persons; or
(D)
other serious human rights abuses.
(6)
Spouses and minor children— The spouse or child of any applicant who qualifies for admission under section 207(c) of the Immigration and Nationality Act (8 U.S.C. 1157(c)) shall be granted the same status as the applicant if accompanying or following to join such applicant, in accordance with such section.
(7)
Refugee status— An individual who is admitted to the United States as a refugee of special humanitarian concern to the United States under this section shall enjoy the same rights and privileges, and shall be subject to the same grounds for termination of refugee status, as provided in sections 207 and 209 of the Immigration and Nationality Act (8 U.S.C. 1157 and 1159).
(8)
Fees— No fee shall be imposed for the filing, processing, or adjudication of an application under this section.
(d)
Optional referral to other countries—
(1)
In general— Notwithstanding subsection (b), an applicant for refugee resettlement under this section may be referred to another country for the processing of the applicant’s refugee claim if—
(A)
another country agrees to immediately process the applicant’s refugee claim in accordance with the terms and procedures of a bilateral agreement under paragraph (2); and
(B)
the applicant lacks substantial ties to the United States as defined in paragraph (3) or requests resettlement to a country other than the United States.
(2)
Bilateral agreements for referral of refugees—
(A)
In general— Subject to subparagraph (B), the Secretary of State, in consultation with the Secretary, shall enter into bilateral agreements with other countries for the referral, processing, and resettlement of individuals who—
(i)
register at a designated processing center; and
(ii)
seek to apply for refugee resettlement under this section.
(B)
Limitation— Agreements required under subparagraph (A) may only be entered into with countries that have the demonstrated capacity—
(i)
to accept and adjudicate applications for refugee status and other forms of international protection; and
(ii)
to resettle refugees consistent with obligations under the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951, as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223).
(C)
International organizations— The Secretary of State, in consultation with the Secretary, shall enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the referral, processing, and resettlement of individuals covered under this paragraph.
(3)
Defined term— In this subsection, an individual has substantial ties to the United States if the individual—
(A)
has a spouse, parent, son, daughter, sibling, grandparent, aunt, or uncle who resides in the United States;
(B)
can demonstrate previous residence in the United States for not less than 2 years; or
(C)
can otherwise demonstrate substantial ties to the United States, as defined by the Secretary.
(e)
Emergency relocation coordination—
(1)
In general— The Secretary of State, in consultation with the Secretary, shall enter into bilateral or multilateral agreements with other countries in the Western Hemisphere to establish safe and secure emergency transit centers for individuals who—
(A)
register at a designated processing center;
(B)
face an imminent risk of harm; and
(C)
require temporary placement in a safe location, pending a final decision on an application under this section.
(2)
Consultation requirement— Agreements required under paragraph (1)—
(A)
shall be developed in consultation with the United Nations High Commissioner for Refugees; and
(B)
shall conform to international humanitarian standards.
(f)
Expansion of refugee corps— Not later than 60 days after the date of the enactment of this Act, and subject to the availability of amounts provided in advance in appropriation Acts, the Secretary shall appoint such additional refugee officers as may be necessary to carry out this section.

Sec. 207 Central American Minors Program

(a)
Special immigrants— Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is amended—
(1)
in subparagraph (L)(iii), by inserting a semicolon at the end;
(2)
in subparagraph (M), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following:

“(N) an immigrant (and any of his or her children who are accompanying or following to join such immigrant) who is—

“(i) a national of El Salvador, Honduras, or Guatemala;

“(ii) an unmarried child of an individual who is lawfully present in the United States;

“(iii) otherwise eligible to receive an immigrant visa; and

“(iv) otherwise admissible to the United States (excluding the grounds of inadmissibility specified in section 212(a)(4)).”

(b)
Numerical limitations—
(1)
In general— The total number of aliens described in section 101(a)(27)(N) of the Immigration and Nationality Act, as added by subsection (a)(3), who may be granted special immigrant status under this section may not exceed 10,000 during any of the 5 consecutive fiscal years beginning with the fiscal year during which the first designated processing center commences operations.
(2)
Exclusion from numerical limitations— Aliens granted special immigrant status under this section shall not be counted against any numerical limitation under section 201, 202, or 203 of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.).
(3)
Carry forward— If the numerical limitation described in paragraph (1) is not reached during any fiscal year, the numerical limitation under such paragraph for the following fiscal year shall be increased by a number equal to the difference between—
(A)
the total number of aliens who may be granted special immigrant status under this section during the first fiscal year; and
(B)
the number of aliens who were granted such special immigrant status during the first fiscal year.
(c)
Petitions— If an alien is determined to be eligible for special immigrant status pursuant to an assessment under section 205(d)(5), the alien, or a parent or legal guardian of the alien, may submit a petition for special immigrant status under this section at a designated processing center.
(d)
Adjudication—
(1)
In general— If an alien who submits a completed petition under subsection (c) is determined to be eligible for special immigrant status under section 101(a)(27)(N) of the Immigration and Nationality Act, as added by subsection (a)(3), the Secretary, shall grant such status to such alien.
(2)
Deadline— Absent exceptional circumstances, petitions submitted under this section shall be adjudicated not later than 180 days after the date on which they are submitted at a designated processing center.
(3)
Applicants under prior program—
(A)
In general— The Secretary of Homeland Security shall deem an application filed under the Central American Minors Refugee Program, established on December 1, 2014, and terminated on August 16, 2017, and which was not the subject of a final disposition before January 31, 2018, to be a petition filed under this section.
(B)
Notification— The Secretary shall—
(i)
promptly notify all relevant parties of the conversion of applications described in subparagraph (A) into special immigrant petitions under this section; and
(ii)
provide instructions for withdrawing such petitions to such parties if the alien no longer desires the requested relief.
(C)
Deadline— Absent exceptional circumstances, the Secretary shall make a final determination on each petition described in subparagraph (A) that is not withdrawn pursuant to subparagraph (B)(ii) not later than 180 days after the date of the enactment of this Act.
(4)
Biometrics and background checks—
(A)
Submission of biometric and biographic data— Petitioners for special immigrant status under this section shall submit biometric and biographic data in accordance with procedures established by the Assistant Director of Regional Processing. The Assistant Director shall provide an alternative procedure for applicants who are unable to provide all of the required biometric data due to a physical or mental impairment.
(B)
Background checks— The Assistant Director shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of petitioners to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for special immigrant status under this section.
(C)
Completion of background checks— The security and law enforcement background checks required under subparagraph (B) shall be completed, to the satisfaction of the Assistant Director, before the date on which a petition for special immigrant status under this section may be approved.

Sec. 208 Central American Family Reunification Parole Program

(a)
In general— If an alien is determined to be eligible for parole under subsection (b) pursuant to an assessment under section 205(d)(5)—
(1)
the designated processing center shall accept a completed application for parole filed by the alien, or on behalf of the alien by a parent or legal guardian of the alien; and
(2)
the Secretary shall grant parole to the alien, in accordance with section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)).
(b)
Eligibility— An alien shall be eligible for parole under this subsection if the alien—
(1)
is a national of El Salvador, Guatemala, or Honduras;
(2)
is the beneficiary of an approved immigrant visa petition under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a));
(3)
does not have an immigrant visa; and
(4)
expects to obtain an immigrant visa not later than 5 years after the date on which the alien registers with a designated processing center.
(c)
Application and adjudication—
(1)
In general— An alien described in subsection (b) may submit an application for parole under this section during the 90-day period beginning on the date on which the alien is determined to be eligible for parole pursuant to an assessment under section 205(d)(5).
(2)
Adjudication deadlines— Absent exceptional circumstances, applications submitted under this section shall be adjudicated not later than 180 days after the date of submission.
(3)
Biometrics and background checks—
(A)
Submission of biometric and biographic data— Applicants for parole under this section shall submit biometric and biographic data in accordance with procedures established by the Assistant Director of Regional Processing. The Assistant Director shall provide an alternative procedure for applicants who are unable to provide all required biometric data due to a physical or mental impairment.
(B)
Background checks— The Assistant Director of Regional Processing shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for parole under this section.
(C)
Completion of background checks— The security and law enforcement background checks required under subparagraph (B) shall be completed to the satisfaction of the Assistant Director before the date on which an application for parole may be approved.
(4)
Approval— Each designated processing center shall issue appropriate travel documentation to aliens granted parole under this section. Such aliens shall present such documentation to U.S. Customs and Border Protection personnel at a port of entry for parole into the United States not later than 120 days after such documentation is issued.

Sec. 209 Informational campaign; case status hotline

(a)
Informational campaign— The Secretary shall implement an informational campaign, in English and Spanish, in the United States, El Salvador, Guatemala, and Honduras to increase awareness of the provisions set forth in this title.
(b)
Case status hotline— Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish a case status hotline providing confidential processing information on pending cases.