Refugee Protection Act of 2022
A BILL
To provide for the admission and protection of refugees, asylum seekers, and other vulnerable individuals, to provide for the processing of refugees and asylum seekers in the Western Hemisphere, and to modify certain special immigrant visa programs, and for other purposes.
Sec. 2 Findings; sense of Congress
Findings— Congress makes the following findings:
In 2022, the world is in the midst of the worst global displacement crisis in history, with more than 103,000,000 forcibly displaced persons, including more than 32,500,000 refugees worldwide, nearly half of whom are children, according to estimates from the United Nations High Commissioner for Refugees.
In 2023, the United Nations High Commissioner for Refugees estimates that global resettlement needs will significantly increase to 2,003,982 individuals, as compared to 2022—
in which 1,473,156 individuals were estimated to be in need of third-country resettlement; and
during the first 6 months of which 42,300 individuals were resettled worldwide.
The United States refugee admissions program is a life-saving solution that—
is critical to global humanitarian efforts;
strengthens global security;
leverages United States foreign policy interests, including diplomatic and strategic interests of supporting allies who often host a significant and disproportionate share of refugees per capita; and
stabilizes sensitive regions impacted by forced migration by ensuring that the United States shares responsibility for global refugee protection;
leverages refugee resettlement in the United States to encourage other countries to uphold the human rights of refugees, including by ensuring that refugees—
have the right to work, the right to an education, and freedom of movement; and
are not returned to a place in which their life or freedom is at risk;
serves individuals and families in need of resettlement;
provides economic and cultural benefits to cities, States, and the United States as a whole; and
aligns with the international obligations of the United States, including under—
the 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)), of which the United States is a party;
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, of which the United States is a party;
the Convention relating to the Status of Stateless Persons, done at New York September 28, 1954; and
the Convention on the Reduction of Statelessness, done at New York August 30, 1961.
The United States has historically been, and should continue to be, a global leader in—
responding to displacement crises around the world, including through the provision of robust humanitarian support;
promoting the safety, health, and well-being of refugees and displaced persons;
welcoming asylum seekers who seek safety and protecting other at-risk migrants, including survivors of torture, victims of trafficking, climate displaced persons, and stateless people; and
working alongside other countries to strengthen protection systems and support.
The United States has steadily reduced access to asylum protection through administrative policy and programmatic changes, including policies and operational decisions aimed at reducing or stopping the ability of asylum seekers to access the United States border.
Refugees are—
the most vetted travelers to enter the United States; and
subject to extensive screening checks, including in-person interviews, biometric data checks, and multiple interagency checks.
For the sake of refugees, asylum seekers, other migrants, United States national diplomatic and strategic interests, and local communities that benefit from the presence of refugees, asylees, and other migrants, it is crucial for the United States to better protect refugees and asylum seekers through reforms, including—
asylum reforms that ensure access to territory and due process;
reforms to border migration enforcement, management, and adjudication systems that integrate stronger protection of, and ensure due process for, asylum seekers, children, victims of trafficking, climate displaced persons, stateless people, and other migrants, including—
community-based alternatives to detention for asylum seekers and other vulnerable migrants;
improved detention conditions and reduced reliance on immigrant detention;
monitoring to ensure fairness in the arrest and adjudication process;
increased access to legal information and representation; and
a stronger commitment to child welfare in staffing and processes; and
refugee reforms that—
ensure that the United States meets the annual refugee admissions goal;
prevent refugee policy that discriminates based on race or religion;
improve opportunities for refugees to achieve family unity; and
update and strengthen support for refugees and the communities that welcome refugees.
The people of the United States, and communities across the United States, overwhelmingly support refugees and asylum seekers, including people of faith, members of the Armed Forces, veterans, elected officials, and retired high-ranking officials.
Sense of Congress— It is the sense of Congress that—
the global refugee crisis is dire and requires international and regional cooperation and action; and
the United States should—
assert strong leadership in multilateral fora, such as the United Nations, by collaborating and cooperating with other countries and international and regional organizations to develop a comprehensive and coordinated response to the global refugee crisis; and
exercise leadership in efforts to address the global refugee crisis, including through participation in the Global Refugee Forum.
Sec. 3 Definitions
In this Act:
Asylum seeker—
In general— The term asylum seeker means—
any applicant for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158);
any alien who indicates—
an intention to apply for asylum under that section; or
a fear of persecution; or
a fear of return because of a threat to life or physical or mental integrity; and
any alien who indicates—
an intention to apply for withholding of removal pursuant to—
section 241 of the Immigration and Nationality Act (8 U.S.C. 1231); or
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984; or
a fear that the alien’s life or freedom would be threatened.
Inclusion— The term asylum seeker includes any individual described in subparagraph (A) whose application for asylum or withholding of removal is pending judicial review.
Exclusion— The term asylum seeker 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.
Best interest determination— The term best interest determination means a formal process with procedural safeguards designed to give primary consideration to a child’s best interests in decision making.
Department— The term Department means the Department of Homeland Security.
Internally displaced persons— The term internally displaced persons means persons or a group of persons who have been forced to leave their homes or places of habitual residence, in particular due to armed conflict, generalized violence, violations of human rights, or natural or human-made disasters, and who have not crossed an internationally recognized state border.
International protection— The term international protection means asylum status, refugee status, protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, and other regional protection status available in the Western Hemisphere.
Secretary— The term Secretary means the Secretary of Homeland Security.