(a) Short title.—This Act may be cited as the “Refugee Protection Act of 2022”.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; sense of Congress.
Sec. 3. Definitions.

(a) Findings.—Congress makes the following findings:

(1) 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.

(2) 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—

(A) in which 1,473,156 individuals were estimated to be in need of third-country resettlement; and

(B) during the first 6 months of which 42,300 individuals were resettled worldwide.

(3) The United States refugee admissions program is a life-saving solution that—

(A) is critical to global humanitarian efforts;

(B) strengthens global security;

(C) 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

(D) stabilizes sensitive regions impacted by forced migration by ensuring that the United States shares responsibility for global refugee protection;

(E) leverages refugee resettlement in the United States to encourage other countries to uphold the human rights of refugees, including by ensuring that refugees—

(i) have the right to work, the right to an education, and freedom of movement; and

(ii) are not returned to a place in which their life or freedom is at risk;

(F) serves individuals and families in need of resettlement;

(G) provides economic and cultural benefits to cities, States, and the United States as a whole; and

(H) aligns with the international obligations of the United States, including under—

(i) 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;

(ii) 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;

(iii) the Convention relating to the Status of Stateless Persons, done at New York September 28, 1954; and

(iv) the Convention on the Reduction of Statelessness, done at New York August 30, 1961.

(4) The United States has historically been, and should continue to be, a global leader in—

(A) responding to displacement crises around the world, including through the provision of robust humanitarian support;

(B) promoting the safety, health, and well-being of refugees and displaced persons;

(C) 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

(D) working alongside other countries to strengthen protection systems and support.

(5) 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.

(6) Refugees are—

(A) the most vetted travelers to enter the United States; and

(B) subject to extensive screening checks, including in-person interviews, biometric data checks, and multiple interagency checks.

(7) 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—

(A) asylum reforms that ensure access to territory and due process;

(B) 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—

(i) community-based alternatives to detention for asylum seekers and other vulnerable migrants;

(ii) improved detention conditions and reduced reliance on immigrant detention;

(iii) monitoring to ensure fairness in the arrest and adjudication process;

(iv) increased access to legal information and representation; and

(v) a stronger commitment to child welfare in staffing and processes; and

(C) refugee reforms that—

(i) ensure that the United States meets the annual refugee admissions goal;

(ii) prevent refugee policy that discriminates based on race or religion;

(iii) improve opportunities for refugees to achieve family unity; and

(iv) update and strengthen support for refugees and the communities that welcome refugees.

(8) 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.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the global refugee crisis is dire and requires international and regional cooperation and action; and

(2) the United States should—

(A) 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

(B) exercise leadership in efforts to address the global refugee crisis, including through participation in the Global Refugee Forum.

In this Act:

(1) ASYLUM SEEKER.—

(A) IN GENERAL.—The term “asylum seeker” 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; or

(III) a fear of return because of a threat to life or physical or mental integrity; 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) INCLUSION.—The term “asylum seeker” includes any individual described in subparagraph (A) whose application for asylum or withholding of removal is pending judicial review.

(C) 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.

(2) 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.

(3) DEPARTMENT.—The term “Department” means the Department of Homeland Security.

(4) 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.

(5) 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.

(6) SECRETARY.—The term “Secretary” means the Secretary of Homeland Security.

(a) In general.—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) The term ‘political opinion’ refers to any expression of support for or dissent from, or imputed support for or dissent from, a practice, policy, or ideology of a government entity or of a nonstate group or actor.

“(D) 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;

“(ii) a person who has a well-founded fear that he or she will be forced to undergo such a procedure or be 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;

“(iii) the term ‘particular social group’ means, without any additional requirement not listed below, any group whose members—

“(I) share—

“(aa) a characteristic that is immutable or fundamental to identity, conscience, or the exercise of human rights; or

“(bb) a past experience or voluntary association that, due to its historical nature, cannot be changed; or

“(II) are perceived as a group by society; and

“(iv) a particular social group can be cognizable regardless of the number of members who belong to the group.

“(E) (i) The burden of proof shall be on the applicant to establish that the applicant is a refugee.

“(ii) To establish that the applicant is a refugee, persecution—

“(I) shall be on account of race, religion, nationality, membership in a particular social group, or political opinion; and

“(II) may be established by demonstrating that—

“(aa) a protected ground is at least one reason for the applicant’s persecution or fear of persecution;

“(bb) the persecution or feared persecution would not have occurred or would not occur in the future but for a protected ground; or

“(cc) the persecution or feared persecution had or will have the effect of harming the person because of a protected ground.

“(F) Where past or feared persecution by a nonstate actor is unrelated to a protected asylum ground, the causal nexus link is established if the state’s failure to protect the asylum applicant from the nonstate actor is on account of a protected asylum ground.”.

(b) Conforming amendment.—Section 208(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is amended by striking “section 101(a)(42)(A)” each place such term appears and inserting “section 101(a)(42)(A)(i)”.

(a) In general.—An applicant for admission as a refugee may simultaneously pursue admission under any visa category for which the applicant may be eligible.

(b) Asylum applicants 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:

“(iii) (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 an alien lawfully admitted for permanent residence.

“(II) A petition under subclause (I) shall—

“(aa) be filed not later than 30 days before the end of the fiscal year for which the petitioner receives notice of eligibility for the visa; and

“(bb) 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 status of the petitioner may take place after the end of such fiscal year.”.

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)”;

(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.—

“(i) IN GENERAL.—Not later than 1 year after the date of the enactment of this subparagraph, the Secretary of Homeland Security shall provide to each individual described in clause (ii), in the best language of such individual—

“(I) notice of their eligibility for asylum; and

“(II) guidance with respect to filing a motion to reopen their immigration case in order to be granted asylum.

“(ii) INDIVIDUAL DESCRIBED.—An individual described in this clause is an individual who—

“

(I) was denied asylum based solely on 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, in the case of a person having no nationality, 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; and

“(IV) (aa) is not subject to the safe third country exception under subparagraph (A) or to a bar to asylum under subsection (b)(2); and

“(bb) was not denied asylum as a matter of discretion.

“(iii) DATE OF GRANT.—

“(I) ADJUSTMENT OF STATUS.—For purposes of applications for adjustment of status submitted by an individual described in clause (ii) who was granted after the date of the enactment of this subparagraph, an individual granted asylum under this subsection shall be considered to have been so granted on the date on which the individual was granted withholding of removal under section 241(b)(3).

“(II) PETITIONS FOR RELATIVES.—An individual granted asylum under this subsection may, during the 2-year period beginning on the date on which the individual is granted asylum under this subsection, submit a petition for the admission of a spouse or child who is accompanying or following to join.”; and

(6) by adding at the end the following:

“(F) OTHER MOTIONS TO REOPEN.—Notwithstanding section 240(c)(7), an individual who was denied asylum may file a motion to reopen an asylum claim during the 2-year period beginning on the date of the enactment of this subparagraph if the individual was denied asylum based solely on the implementation of—

“(i) the policy memorandum of the U.S. Citizenship and Immigration Services entitled ‘Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A–B–’ (PM–602–0162), dated July 11, 2018;

“(ii) the memorandum of the Office of the Principal Legal Advisor of U.S. Immigration and Customs Enforcement entitled ‘Litigating Domestic Violence-Based Persecution Claims Following Matter of A–B–’, dated July 11, 2018;

“(iii) the interim final rule of the Department of Homeland Security and the Department of Justice entitled ‘Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims’ (83 Fed. Reg. 55934 (November 9, 2019));

“(iv) Presidential Proclamation 9822, issued on November 9, 2018 (83 Fed. Reg. 57661);

“(v) the migrant protection protocols announced by the Secretary of Homeland Security on December 20, 2018 (or any successor protocols);

“(vi) the policy memorandum of the U.S. Citizenship and Immigration Services entitled ‘Guidance for Implementing Section 235(b)(2)(C) of the Immigration and Nationality Act and the Migrant Protection Protocols’ (PM–602–0169), dated January 28, 2019; or

“(vii) any other policy memorandum of the Department of Homeland Security to implement the protocols described in subclause (V).”.

Subsection 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)(A)), as amended by section 1103, is further amended—

(1) in subparagraph (A), by striking “or equivalent” and all that follows through the period at the end and inserting “with effective protection, including access to a durable solution, for individuals who are refugees, or equivalent temporary protection.”; and

(2) by adding at the end the following:

“(G) LIMITATION ON BILATERAL AND MULTILATERAL AGREEMENTS.—No bilateral or multilateral agreement proposed under this section shall take effect until the agreement is approved as a treaty by the Senate or approved as an executive agreement by the Senate, the House of Representatives, and the President of the United States.”.

(a) Conditions for granting asylum.—

(1) IN GENERAL.—Section 208(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)) is amended—

(A) 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.”;

(B) by striking clause (iii); and

(C) by inserting after clause (ii) the following:

“(iii) SUPPORTING EVIDENCE ACCEPTED.—

“(I) DIRECT AND CIRCUMSTANTIAL EVIDENCE.—Direct or circumstantial evidence, including evidence that the government of the applicable country is unable or unwilling to protect individuals of the applicant’s race, religion, nationality, particular social group, or political opinion, or that the legal or social norms of the country 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 race, religion, nationality, membership in a particular social group, or political opinion.

“(II) EXPERT WITNESS TESTIMONY.—

“(aa) IN GENERAL.—Except as provided in item (bb), an asylum officer or immigration judge, as applicable, shall—

“(AA) accept expert witness testimony with respect to the human rights conditions in a country and evidence relating to the physical and mental condition or history of an applicant for asylum; and

“(BB) give substantial weight to such testimony and evidence.

“(bb) EXCEPTION.—An asylum officer or an immigration judge, as applicable, may reject expert witness testimony only if the asylum officer or immigration judge makes a finding on the record, supported by specific reasons, that—

“(AA) the witness is not qualified to provide an opinion regarding the conditions in the country concerned; or

“(BB) the testimony of the witness is rebutted by contrary evidence.

“(iv) CREDIBILITY DETERMINATION.—

“(I) IN GENERAL.—Subject to subclause (II), a trier of fact may conduct a credibility assessment in the context of evaluating an applicant’s claim for asylum.

“(II) PROCEDURAL AND SUBSTANTIVE REQUIREMENTS.—

“(aa) OBJECTIVITY.—Decisions regarding credibility shall be made objectively, impartially, and individually.

“(bb) MATERIAL FACTS.—A credibility assessment under this clause may only be conducted on the material facts of the applicant’s claim. The perception of the trier of fact with respect to the applicant’s general truthfulness or trustworthiness shall not be relevant to assessing credibility of material facts.

“(cc) DETAIL AND SPECIFICITY.—In assessing credibility, a trier of fact may consider the detail and specificity of information provided by the applicant, the internal consistency of the applicant’s statements, and the consistency of the applicant’s statements with available external information. In considering such information and statements, the trier of fact shall consider the applicant’s contextual circumstances, including—

“(AA) exposure to trauma;

“(BB) age;

“(CC) gender, sexual orientation, or gender identity;

“(DD) educational background;

“(EE) physical or mental health issues;

“(FF) shame, stigma, or denial;

“(GG) communication difficulties;

“(HH) intercultural barriers; and

“(II) the circumstances under which such statements were made.

“(dd) DUTY TO ASSIST.—A trier of fact shall have an affirmative duty to assist the applicant in providing credible testimony.

“(ee) CONSISTENCY WITH SCIENTIFIC LITERATURE.—A credibility assessment conducted under this clause, and any credibility finding made, shall be consistent with current scientific literature relating to behavioral indicators of truth-telling, the nature of traumatic memories, and the ability of trauma survivors to recall aspects of, and surrounding, a traumatic event.

“(ff) TIMING.—A credibility assessment under this clause may not be made until after—

“(AA) an interview of the applicant; and

“(BB) all relevant evidence has been collected and considered.

“(gg) OPPORTUNITY TO RESPOND.—If a trier of fact doubts the credibility of the applicant, the trier of fact shall specify any such doubt to the applicant and provide the applicant a meaningful opportunity to respond.

“(hh) CLEAR FINDINGS.—The result of a credibility assessment under this clause shall include clear findings based on and supported by evidence, after consideration of all of the relevant evidence consistent with items (cc) and (dd), that describes the material facts that are accepted as credible and the material facts that are rejected as not credible, and the reason for such acceptance or rejection.

“(ii) REBUTTABLE PRESUMPTION.—If an adverse credibility determination is not explicitly made, the applicant shall have a rebuttable presumption of credibility on appeal.

“(jj) ORAL TESTIMONY.—An applicant for asylum who is in removal proceedings shall have the right to testify orally before an immigration judge.”.

(2) CONFORMING AMENDMENT.—Section 241(b)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(C)) is amended by striking “and (iii)” and inserting “through (iv)”.

(b) Clarification on asylum eligibility.—Section 208(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)) is amended by striking subparagraph (C) and inserting the following:

“(C) CLARIFICATION ON ASYLUM ELIGIBILITY.—Notwithstanding any other provision of law, the eligibility of an alien for asylum shall be governed solely by this section.”.

(c) Third country transit.—Section 208(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)) is amended by adding at the end the following:

“(E) THIRD COUNTRY TRANSIT.—

“(i) IN GENERAL.—An applicant's entry to, attempt to enter, or arrival or stay in a third country shall not be—

“(I) considered to amount to the applicant being firmly resettled;

“(II) grounds or a basis for a denial of an asylum application or the issuance of a negative credible fear determination; or

“(III) a factor for otherwise rendering the applicant ineligible for asylum.

“(ii) APPLICABILITY.—Clause (i) shall apply regardless of whether the applicant—

“(I) applied for asylum or was denied or granted asylum in the third country concerned;

“(II) is a victim of 1 or more severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)); or

“(III) the third country concerned is a party to 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)), or other similar treaty or protocol.”.

(d) Initial jurisdiction over asylum applications.—Section 208(b) of the Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended—

(1) in paragraph (3), by striking subparagraph (C); and

(2) by adding at the end the following:

“(4) INITIAL JURISDICTION.—

“(A) IN GENERAL.—An asylum officer (as defined in section 235(b)(1)(E)) shall have initial jurisdiction over any asylum application regardless of whether filed in accordance with this section or section 235(b) or section 240.

“(B) FINAL ORDER OF REMOVAL ENTERED.—In the case of an alien with respect to whom a final order of removal was previously entered, an asylum officer shall have initial jurisdiction over any application for withholding of removal 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, regardless of whether such an application is filed in accordance with this section or section 235(b) or section 240.”.

(e) Limitation on imposition of fees.—Section 208(d)(3) is amended to read as follows:

“(3) LIMITATION ON IMPOSITION OF FEES.—

“(A) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of Homeland Security should not impose fees for the consideration of an application for asylum, employment authorization under this section, adjustment of status under section 209, the collection of biometrics in conjunction with applications under this section, petitions for family reunification, or the issuance of refugee travel documents.

“(B) LIMITATION.—

“(i) IN GENERAL.—If the Secretary of Homeland imposes a fee for the consideration of an application for asylum, employment authorization under this section, adjustment of status under section 209, the collection of biometrics in conjunction with applications under this section or section 209, petitions for family reunification, or the issuance of refugee travel documents—

“(I) such fee shall not exceed the Secretary of Homeland Security's costs in adjudicating such applications, processing such biometrics, or issuing such document, as applicable;

“(II) the applicant shall be eligible for a fee waiver; and

“(III) the applicant shall be permitted to pay such fee over a period of time or in installments.

“(C) RULE OF CONSTRUCTION.—Nothing in this paragraph may be construed to require the Secretary of Homeland Security to charge fees for adjudication services provided to asylum applicants.”.

(f) Consideration of asylum applications.—Section 208(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(5)) is amended—

(1) by striking subparagraph (B); and

(2) in subparagraph (A)—

(A) by striking “(A) Procedures.—”; and

(B) by redesignating clauses (i) through (v) as subparagraphs (A) through (E), respectively, and moving such subparagraphs 2 ems to the left.

(g) Confidentiality of asylum applications.—Section 208(d) of the Immigration and Nationality Act (8 U.S.C. 1158(d)) is amended by adding at the end the following:

“(8) CONFIDENTIALITY OF ASYLUM APPLICATIONS AND PROCEEDINGS.—An employee of the United States may not disclose to any individual other than an immigration or law enforcement official of the United States information in an asylum application or from an asylum proceeding without the consent of the applicant.”.

(h) Transparency of statistical information.—Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding at the end the following:

“(f) Transparency of statistical information.—

“(1) DEPARTMENT OF HOMELAND SECURITY.—

“(A) CREDIBLE FEAR AND REASONABLE FEAR ADJUDICATIONS DATABASE.—The Secretary of Homeland Security shall develop, maintain, and make available to the public a database reflecting adjudications of credible fear or reasonable fear under section 235 that includes, for each such adjudication that occurs not later than 90 days after the date of the enactment of this subsection, the following:

“(i) An anonymized code number or sequence of characters for the asylum applicant.

“(ii) The month and year in which the applicant was apprehended.

“(iii) The month and year in which the applicant was interviewed under section 235.

“(iv) (I) Whether the applicant was in the custody of the Secretary of Homeland Security on the date of such interview.

“(II) In the case of an applicant who was in the custody of the Secretary of Homeland Security on such date—

“(aa) the component of the Department of Homeland Security responsible for the applicant's detention; and

“(bb) the name of the facility in which the applicant was held.

“(v) The age of the applicant on the date of such interview.

“(vi) The nationality of the applicant.

“(vii) The gender of the applicant.

“(viii) (I) Whether the applicant entered at a port of entry.

“(II) In the case of an applicant who entered at a port of entry, the name of the port of entry.

“(ix) (I) Whether the applicant included one or more derivative beneficiaries in their asylum application.

“(II) In the case of an applicant who included one or more derivative beneficiaries in their asylum application, the age and relationship to the applicant of each such beneficiary.

“(x) An anonymized code number for the officer conducting the interview and, if the officer’s decision was reviewed by a supervisor, an anonymized code number for the supervisor.

“(xi) (I) Whether such interview was conducted in person, by telephone, or by videoconference.

“(II) In the case of an interview conducted in person, the location of the interview.

“(xii) Whether such interview was conducted with the assistance of an interpreter.

“(xiii) The regional asylum office to which the officer conducting such interview was assigned.

“(xiv) Whether the asylum application was based on—

“(I) past persecution;

“(II) a well-founded fear of persecution; or

“(III) past persecution and a well-founded fear of persecution.

“(xv) Whether—

“(I) the alleged persecutor was the government of a country or a private entity; or

“(II) in the case of 1 or more alleged persecutors, the persecutors included both a government of a country and a private entity.

“(xvi) Whether the applicant was assisted by an attorney or other legal service provider during the interview.

“(xvii) Whether the adjudicator determined that the applicant was credible.

“(xviii) Whether the adjudicator found that the applicant—

“(I) established—

“(aa) a credible fear;

“(bb) a reasonable fear; or

“(cc) a likelihood of torture; or

“(II) did not establish any such fear or likelihood.

“(xix) In the case of an applicant who was determined not to have established a credible fear or a reasonable fear, whether the applicant appealed such determination to an immigration judge.

“(xx) Any other data that the Secretary of Homeland Security considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication.

“(B) MERITS ADJUDICATIONS DATABASE.—The Secretary of Homeland Security shall develop, maintain, and make available to the public a database reflecting asylum adjudications on the merits, that includes, for each such adjudication that occurs not later than 90 days after the date of the enactment of this subsection, the following:

“(i) An anonymized code number or sequence of characters for the asylum applicant, which shall be the same code number or sequence assigned to the applicant if such a number or sequence was assigned during an earlier stage of proceedings under section 235.

“(ii) The date on which the applicant's asylum application was filed or considered to have been filed.

“(iii) The age of the applicant on the date on which such application was filed.

“(iv) The date on which the applicant entered the United States or, in the case of an applicant for whom the date of entry is unknown, an indication that such date is unknown.

“(v) (I) Whether the applicant included in their asylum application 1 or more derivative beneficiaries who are in the United States.

“(II) In the case of an applicant who included such a derivative beneficiary in their asylum application, the age and relationship to the applicant of each such beneficiary.

“(vi) The nationality of the applicant.

“(vii) The gender of the applicant.

“(viii) Whether the asylum application was based on—

“(I) past persecution;

“(II) a well-founded fear of persecution; or

“(III) past persecution and a well-founded fear of persecution.

“(ix) Whether—

“(I) the alleged persecutor was the government of a country or a private entity; or

“(II) in the case of 1 or more alleged persecutors, the persecutors included both a government of a country and a private entity.

“(x) Whether the applicant’s application for asylum included a claim of persecution on account of gender.

“(xi) Whether the applicant was processed under this section or section 235.

“(xii) Whether the applicant had entered the United States—

“(I) pursuant to a visa;

“(II) through the visa waiver program; or

“(III) without inspection.

“(xiii) Whether the applicant—

“(I) was assisted in the completion of their asylum application by—

“(aa) an attorney;

“(bb) an accredited representative;

“(cc) a law student; or

“(dd) an individual other than an individual described in items (aa) through (cc); or

“(II) was not represented.

“(xiv) Whether the applicant—

“(I) was represented during their asylum interview by—

“(aa) an attorney;

“(bb) an accredited representative;

“(cc) a law student; or

“(dd) an individual other than an individual described in items (aa) through (cc); or

“(II) was not represented.

“(xv) Whether the asylum interview was conducted with the assistance of an interpreter.

“(xvi) An anonymized code number or sequence of characters for the asylum officer who adjudicated the case.

“(xvii) An anonymized code number or sequence of characters for any officer who reviewed the asylum officer’s decision.

“(xviii) The regional office or sub-office to which the asylum officer was assigned.

“(xix) The date of the adjudication.

“(xx) Whether the applicant was—

“(I) granted asylum;

“(II) denied asylum;

“(III) referred to immigration court for further consideration; or

“(IV) considered by the immigration court under some other procedure.

“(xxi) Any other data that the Secretary of Homeland Security considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication.

“(2) DEPARTMENT OF JUSTICE.—

“(A) DATABASE ON APPEALS OF CREDIBLE FEAR AND REASONABLE FEAR DETERMINATIONS.—The Attorney General shall develop, maintain, and make available to the public a database reflecting appeals from credible fear determinations and reasonable fear determinations that include, for each such appeal that occurs not later than 90 days after the date of the enactment of this subsection, the following:

“(i) An anonymized code number or sequence of characters for the asylum applicant, which shall be the same anonymized code number or sequence of numbers assigned to the applicant by the Department of Homeland Security.

“(ii) The name of the immigration judge who adjudicated the appeal.

“(iii) The location of the immigration judge on the date on which a decision on the appeal was made.

“(iv) Whether the appeal was conducted in person, by telephone, or by videoconference.

“(v) Whether the applicant—

“(I) was represented in the appeal by—

“(aa) an attorney;

“(bb) an accredited representative;

“(cc) a law student; or

“(dd) an individual other than an individual described in items (aa) through (cc); or

“(II) was not represented.

“(vi) Whether the appeal was conducted with the assistance of an interpreter.

“(vii) The outcome of the appeal.

“(viii) Any other data that the Attorney General considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication.

“(B) MERITS DECISIONS DATABASE.—The Attorney General shall develop, maintain, and make available to the public a database reflecting decisions by immigration judges on the merits of asylum claims (including applications for withholding of removal under section 241(b)(3) and protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984) that includes, for each such claim filed with the Attorney General not later than 90 days after the date of the enactment of this subsection, the following:

“(i) An anonymized code number or sequence of characters for the respondent, which shall be the same as any anonymized code number or sequence of number assigned by the Department of Homeland Security at a previous stage of adjudication of the claim.

“(ii) The date on which the respondent entered the United States or, in the case of a respondent for whom the date of entry is unknown, an indication that such date is unknown.

“(iii) The age of the respondent on the date on which the respondent entered the United States.

“(iv) The initial date on which the respondent submitted the asylum application to the Secretary of Homeland Security.

“(v) In the case of a respondent who submitted an asylum application to the Secretary of Homeland Security, the date on which an asylum officer issued a decision on such application.

“(vi) The age of the respondent on the date on which the immigration judge rendered a decision on the merits of the claim.

“(vii) The gender of the respondent.

“(viii) Whether the respondent entered the United States at a port of entry.

“(ix) (I) Whether the respondent included in their asylum application 1 or more derivative beneficiaries who are in the United States.

“(II) In the case of a respondent who included such a derivative beneficiary in their asylum application, the age and relationship to the respondent of each such beneficiary.

“(x) The nationality of the respondent.

“(xi) The name and location of the immigration judge who adjudicated the claim.

“(xii) Whether the merits hearing was conducted in person, by telephone, or by videoconference.

“(xiii) (I) Whether the respondent was detained on the date on which the merits hearing occurred.

“(II) In the case of a respondent who was detained, the name of the detention facility.

“(xiv) Whether the merits hearing was conducted with the assistance of an interpreter.

“(xv) Whether the respondent—

“(I) was represented in the merits hearing by—

“(aa) an attorney;

“(bb) an accredited representative;

“(cc) a law student; or

“(dd) an individual other than an individual described in items (aa) through (cc); or

“(II) was not represented.

“(xvi) In the case of an application for asylum or withholding of removal under section 241(b)(3), whether the application was based on—

“(I) past persecution;

“(II) a well-founded fear of persecution; or

“(III) past persecution and a well-founded fear of persecution.

“(xvii) Whether—

“(I) the alleged persecutor was the government of a country or a private entity; or

“(II) in the case of 1 or more alleged persecutors, the persecutors included both a government of a country and a private entity.

“(xviii) Whether the respondent’s application for asylum included a claim of persecution on account of gender.

“(xix) The outcome of the case, including—

“(I) whether the case was terminated without a decision;

“(II) whether the respondent was granted asylum, withholding of removal under section 241(b)(3), protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, voluntary departure, or other relief; and

“(III) whether the respondent was ordered removed from the United States.

“(xx) Any other data that the Attorney General considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication.

“(C) BOARD OF IMMIGRATION APPEALS DATABASE.—The Attorney General shall develop, maintain, and make available to the public a database reflecting decisions by the Board of Immigration Appeals on appeals of immigration judge denials of asylum, withholding of removal, or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, that includes, for each such appeal filed with the Board of Immigration Appeals not later than 90 days after the date of the enactment of this subsection, the following:

“(i) An anonymized code number or sequence of characters for the appellant, which shall be the same anonymized code number or sequence of numbers that was assigned at a previous stage of the proceedings by the Secretary of Homeland Security or the Attorney General.

“(ii) The date on which the appeal was filed with the Board of Immigration Appeals.

“(iii) The date on which the Board of Immigration Appeals issued a decision on the appeal.

“(iv) The names of the members of the Board of Immigration Appeals who participated in the decision.

“(v) Whether any member of the Board of Immigration Appeals dissented from a decision of a panel or of the entire Board of Immigration Appeals, and the name of each such member.

“(vi) Whether the appellant—

“(I) was represented in the appeal by—

“(aa) an attorney;

“(bb) an accredited representative;

“(cc) a law student; or

“(dd) an individual other than an individual described in items (aa) through (cc); or

“(II) was not represented.

“(vii) The outcome of the appeal.

“(viii) Any other data that the Attorney General considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication.”.

(i) Further consideration of application for asylum.—Section 235(b)(1)(B)(ii) of the Immigration and Nationalities Act (8 U.S.C. 1225 (b)(1)(B)(ii)) is amended by inserting “, which shall include a hearing under section 240 on the alien’s claim for asylum, withholding of removal, or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, unless the Secretary of Homeland Security has granted the alien’s claim” before the period at the end.

(j) Modification of definition of asylum officer.—Section 235(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(E)) is amended to read as follows:

“(E) ASYLUM OFFICER DEFINED.—

“(i) IN GENERAL.—In this paragraph, the term ‘asylum officer’ means an immigration officer who—

“(I) has had professional training in country conditions, asylum law, and nonadversarial interviewing techniques necessary for adjudication of applications under section 208;

“(II) adjudicates applications under that section on a full-time basis; and

“(III) is supervised by an officer who—

“(aa) meets the condition described in subclause (I); and

“(bb) has had substantial experience adjudicating asylum applications.

“(ii) EXCEPTIONAL CIRCUMSTANCES.—

“(I) IN GENERAL.—The Secretary of Homeland Security may, only in exceptional circumstances and to protect national security, designate one or more individuals who do not meet the condition described in clause (i)(III) to act as temporary asylum officers.

“(II) LIMITATION.—An individual designated as a temporary asylum officer under subclause (I) may not hold or have held in the preceding 3 years a position the central function of which is immigration enforcement, including Border Patrol agents, Customs and Border Protection officers, and Immigration and Customs Enforcement officers.

“(III) ANNUAL REPORT.—During any period in which the Secretary of Homeland Security designates one or more temporary asylum officers, not later than 30 days after such designation, the Secretary of Homeland Security shall submit to Congress a report that includes—

“(aa) a justification for the designation;

“(bb) the number of officers designated;

“(cc) the duration of service of such officers;

“(dd) the number of interviews conducted by such officers;

“(ee) with respect to applications for asylum, withholding of removal under section 241(b)(3), and protection under the Convention against Torture adjudicated by such officers, the rate of grants, denials, referrals, and otherwise closed applications; and

“(ff) with respect to credible fear determinations carried out by such officers, the rate of positive, negative, and otherwise closed determinations.”.

(k) 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), in the first sentence, 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 provide support or evidence to clarify such inconsistencies or omissions.”.

(l) 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 the following:

“(A) IN GENERAL.—Except as provided in subparagraph (B), if the Secretary of Homeland Security”; and

(2) by adding at the end the following:

“(B) APPLICABILITY.—Subparagraph (A) shall not apply to an alien who is otherwise eligible for asylum.”.

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 standards 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 shall—

“(i) be in writing; and

“(ii) provide, to the maximum extent practicable, information relating to the reason for the denial.”.

(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, after 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 within a category of aliens established under clause (ii) whose resettlement in the United States is justified by humanitarian concerns or is otherwise in the national interest and who share common characteristics that identify such aliens as targets of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion or who otherwise have a shared need for resettlement due to a specific vulnerability.

“(ii) For purposes of clause (i), the President shall designate one or more groups or one or more categories of aliens who are or were nationals or habitual residents of the Islamic Republic of Iran or countries from the former Soviet Union, who, as members of a religious minority, share common characteristics that identify them as targets of persecution in that state on account of race, religion, nationality, membership in a particular social group, or political opinion. At the discretion of the President, the President may designate additional groups of one or more categories of aliens who are or were nationals or habitual residents of any other country which is designated as a country of particular concern under section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442).

“(iii) An alien who is outside his or her country of origin or last habitual residence who establishes membership in a group designated under clause (i) to the satisfaction of the Secretary of Homeland Security shall establish, for purposes of admission as a refugee under this section, that such alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, unless the Secretary determines that such alien ordered, incited, assisted or otherwise participated in the persecution of any person on account of race, religious, membership in a particular social group, or political opinion.

“(iv) A designation under clause (i)—

“(I) may be revoked by the President at any time after notification to Congress;

“(II) if not revoked, shall expire at the end of each fiscal year; and

“(III) may be renewed by the President after appropriate consultation.

“(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, withholding of removal 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) Each decision to deny an application for refugee status of an alien who is within a category established under this subparagraph shall be in writing and shall state, to the maximum extent feasible, the reason for the denial.”.

(b) Admission of refugees experiencing emergency situations.—Section 207(c) of the Immigration and Nationality Act (8 U.S.C. 1157(c)(1)), as amended by section 1106, is further amended by adding at the end the following:

“(9) Admission of refugees experiencing emergency situations.—

“(A) IN GENERAL.—Subject to the numerical limitations established under subparagraphs (A) and (B) of paragraph (1), the Secretary of Homeland Security may, in the Secretary’s discretion and pursuant to such regulations as the Secretary may prescribe, admit any refugee who is not firmly resettled in any foreign country, is determined to be of special humanitarian concern to the United States, and is admissible (except as provided under section 209) as an immigrant under this Act. Notwithstanding any numerical limitations specified in this Act, any alien admitted under this paragraph shall be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien’s admission to the United States.

“(B) DESIGNATION.—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—

“(I) share common characteristics that identify them as targets of—

“(aa) persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; or

“(bb) other serious harm; or

“(II) having been identified as targets as described in subclause (I), share a common need for resettlement due to a specific vulnerability.

“(C) MEMBERSHIP IN A DESIGNATED GROUP.—An alien who establishes membership in a group designated under this paragraph to the satisfaction of the Secretary of Homeland Security shall be considered a refugee for purposes of admission as a refugee under this paragraph, 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.

“(D) REVOCATION.—A designation under this paragraph is for purposes of adjudicatory efficiency and may be revoked by the President at any time after notification to Congress.

“(E) EFFECT ON OTHER LAWS.—Categories of aliens established under section 599D of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167; 8 U.S.C. 1157 note)—

“(i) shall be designated under subparagraph (B) until the end of the first fiscal year commencing after the date of the enactment of this paragraph; and

“(ii) shall be eligible for designation thereafter at the discretion of the President.

“(F) EFFECT ON REFUGEE ADMISSIONS GOAL.—The admission of an alien under this paragraph shall count against the refugee admissions goal under section 207(a).

“(G) OTHER FORMS OF PROTECTION.—A designation under this paragraph shall not influence decisions to grant to any alien asylum under section 208, withholding of removal 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.

“(H) DENIALS.—A decision to deny admission under this paragraph to an alien who establishes to the satisfaction of the Secretary that the alien is a member of a group designated under subparagraph (B)—

“(i) shall be in writing; and

“(ii) shall cite the specific applicable provision of this Act upon which such denial is based, including—

“(I) the facts underlying the determination; and

“(II) whether there is a waiver of inadmissibility available to the alien.”.

(c) 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.

Paragraph (2) of section 208(d) of the Immigration and Nationality Act (8 U.S.C. 1158(d)) is amended to read as follows:

“(2) EMPLOYMENT AUTHORIZATION.—

“(A) ELIGIBILITY.—The Secretary of Homeland Security shall authorize employment for an applicant for asylum, withholding of removal under section 241(b)(3)(B), or withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, not later than 30 days after the date on which such an applicant files an application for such relief.

“(B) APPLICATION.—An applicant for asylum, withholding of removal under section 241(b)(3)(B), or withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, who is prima facie eligible for such relief shall be granted employment authorization not later than 60 days after the date on which the applicant files an application for employment authorization.

“(C) TERM.—Employment authorization under this paragraph shall be valid until the date on which an applicant is issued a final denial of the applicable application, including administrative and judicial review.”.

(a) Treatment of aliens admitted as refugees and of aliens granted asylum.—Section 209 of the Immigration and Nationality Act (8 U.S.C. 1159) is amended to read as follows:

(b) Clarification.—Aliens admitted for lawful permanent residence pursuant to paragraph (1) of section 209(a) of the Immigration and Nationality Act, as amended by subsection (a), or who adjust their status pursuant to paragraph (2) of such section, as amended by subsection (a), shall be considered to be refugees and aliens granted asylum for purposes of sections 402, 403, 412, and 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612, 1613, 1622, and 1641).

(c) Technical and conforming amendments.—

(1) ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.—Section 201(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)(B)) is amended to read as follows:

“(B) Aliens who are admitted to the United States as permanent residents under section 207 or 208 or whose status is adjusted under section 209.”.

(2) TRAINING.—Section 207(f)(1) of such Act (8 U.S.C. 1157(f)(1)) is amended by striking “Attorney General” and inserting “Secretary of Homeland Security”.

(3) COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.—Section 208(e) of such Act (8 U.S.C. 1158(e)) is amended by striking “section 209(b)” and inserting “section 209(a)(2)”.

(4) TABLE OF CONTENTS.—The table of contents for such Act is amended by striking the item relating to section 209 and inserting the following:

“Sec. 209. Treatment of aliens admitted as refugees and of aliens granted asylum.”.

(d) Effective date.—This section, and the amendments made by this section, shall take effect on the earlier of—

(1) the date that is 180 days after the date of the enactment of this Act; or

(2) the date on which a final rule is promulgated to implement this section and the amendments made by this section.

The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who has applied for asylum if the Secretary of Homeland Security or the Attorney General determines that such alien is a refugee within the meaning of section 101(a)(42)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(A)) or would face a threat to life or physical integrity if returned because of a reasonable possibility of—

(1) violence; or

(2) exceptional situations, such as environmental or other crises or disasters, including from the effects of climate change, for which there is no adequate remedy in the country of origin.

(a) Burden of proof.— The Government bears the burden of establishing the reasonableness of internal relocation.

(b) Case-by-Case analysis.—Consistent with the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951, it shall be considered unreasonable to presume applicants are able to internally relocate without first conducting an individualized determination applying a totality of circumstances test on a case-by-case basis.

(c) Determinations in merits hearings.—Internal relocation determinations—

(1) may only be made in asylum merits proceedings; and

(2) shall not occur at an earlier stage of processing.

(d) Prohibition.—The mere possibility of internal relocation shall not be the sole grounds for a discretionary denial of asylum, issuance of a negative credible fear determination, or a factor to otherwise bar asylum eligibility.

The Government bears the burden of establishing whether an applicant is firmly resettled and applicants may rebut this under a preponderance of the evidence standard. Firm resettlement determinations shall focus exclusively on the existence of an offer of permanent resettlement and shall not be fulfilled by an offer of temporary, transitory, or unauthorized time in another country.

(a) Modification of definition of child.—Section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is amended—

(1) in subparagraph (E)(ii), by striking “; or” and inserting a semicolon;

(2) in subparagraph (F)(ii), by striking the period at the end and inserting a semicolon;

(3) in subparagraph (G)(iii)(III), by striking the period at the end and inserting “; or”; and

(4) by adding at the end the following:

“(H) (i) a child under the age of 18 at the time an application is filed to accord a principal alien refugee status—

“(I) who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents; or

“(II) for whom the sole or surviving parent is incapable of providing the proper care and has, in writing, irrevocably released the child for emigration and adoption;

“(ii) who has been living in a country of asylum under the care of such principal alien; and

“(iii) for whom the Secretary of Homeland Security is satisfied that proper care will be furnished if the child is admitted to the United States.”.

(b) Admission of refugee families and timely adjudication.—Section 207(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1157(c)(2)) is amended to read as follows:

“(2) (A) (i) Irrespective of the date on which such refugee was admitted to the United States, the spouse or a child (as defined in section 101(b)(1)) of any refugee, or the parent or de facto guardian (as determined by the Secretary of Homeland Security) of such a child 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) 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, parent, or guardian described in clause (i) shall not be charged against the numerical limitation established in accordance with the appropriate subsection under which the refugee’s admission is charged.

“(B) 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.

“(C) The parent or de facto guardian (as determined by the Secretary of Homeland Security) of a refugee child admitted under this section and was admitted under the Unaccompanied Refugee Minors program (as described in subparagraph (D), (E), or (H) of section 101(b)(1)) shall be treated in accordance with subparagraph (A) if such parent or guardian seeks to follow to join such refugee child and the minor consents to being joined by such individual.

“(D) (i) Not later than 1 year after the date on which an application for refugee status is filed under this paragraph—

“(I) required screenings and background checks shall be completed; and

“(II) the application shall be adjudicated.

“(ii) The adjudication of an application may exceed the timeframe under clause (i) only in exceptional circumstances in which additional time to process an application is necessary to satisfy national security concerns, if the Secretary of Homeland Security has—

“(I) made a determination that the applicant meets the requirements for refugee status under this section; and

“(II) notified the applicant of such determination.”.

(c) Treatment of asylee families and timely adjudication.—Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(3)), as amended by section 1105(d), is further amended—

(1) in subparagraph (A), by striking “or following to join, such alien” and inserting, “or following to join, such alien, irrespective of the date on which such alien was granted asylum”; and

(2) by adding at the end the following:

“(C) CHILDREN OF ASYLEE SPOUSES.—A child (as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1)) born to the asylee spouse who qualifies for admission under paragraph (A) shall, if not otherwise eligible for asylum under this section, be granted the same status as such asylee spouse if accompanying, or following to join, such asylee spouse.

“(D) APPLICATION PROCESS.—

“(i) IN GENERAL.—Not later than 1 year after the date on which an application for refugee status is filed under this paragraph—

“(I) required screenings and background checks shall be completed; and

“(II) the application shall be adjudicated.

“(ii) EXCEPTION.—The adjudication of an application may exceed the timeframe under clause (i) only in exceptional circumstances in which additional time to process an application is necessary to satisfy national security concerns, if the Secretary of Homeland Security has—

“(I) made a determination that the applicant meets the requirements for refugee status under this section; and

“(II) notified the applicant of such determination.

“(iii) PROHIBITION ON DENIALS DUE TO PROCESSING DELAYS.—An application for asylum under this paragraph shall not be denied, in whole or in part, on the basis that processing could not be completed within the timeframe under clause (i).”.

(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 sections 1103 and 1104, by amending subparagraph (E) to read as follows:

“(E) APPLICABILITY TO MINORS.—Subparagraphs (A) and (B) 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)(4), as added by section 1105, by adding at the end the following:

“(C) APPLICANTS YOUNGER THAN 18 YEARS OF AGE.—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) Treatment of spouse, children, mother, and father seeking asylum.—Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158), as amended by section 1105, is further amended—

(1) in the paragraph heading, by striking “and children” and inserting “, children, mothers, and fathers”;

(2) 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), (E), or (H) of section 101(b)(1)) of an alien, or the mother or father of an alien who is such a child,”; and

(3) by amending subparagraph (B) to read as follows:

“(B) CONTINUED CLASSIFICATION OF CERTAIN ALIENS AS CHILDREN.—

“(i) UNMARRIED ALIENS.—An unmarried alien who seeks to accompany, or follow to join, a mother or father granted asylum under this subsection, and any child of such unmarried alien, shall continue to be classified as a child for purposes of this paragraph and shall be considered a refugee, if—

“(I) the alien was younger than 21 years of age on the date on which such mother or father applied for asylum under this section; and

“(II) the alien attained 21 years of age while such application was pending.

“(ii) EFFECT ON MOTHERS AND FATHERS.—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 together with the spouse or child of such mother or father, be considered a refugee, if the alien attained 21 years of age while such application was pending.”.

(c) Repeal of contiguous country exception.—

(1) IN GENERAL.—Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended—

(A) by striking paragraph (2);

(B) by amending paragraph (3) to read as follows:

“(3) RULE FOR ALL UNACCOMPANIED CHILDREN.—The custody of unaccompanied alien children who are apprehended at the border of the United States or at a United States port of entry shall be treated in accordance with subsection (b).”;

(C) by amending paragraph (4) to read as follows:

“(4) SCREENING.—

“(A) IN GENERAL.—Within 48 hours of the apprehension of a child who is believed to be an unaccompanied alien child, the child shall be transferred to the Secretary of Health and Human Services and treated in accordance with subsection (b).

“(B) RULE OF CONSTRUCTION.—Nothing in this paragraph may be construed to preclude an earlier transfer of a child.”;

(D) by amending paragraph (5) to read as follows:

“(5) PLACEMENT IN REMOVAL PROCEEDINGS.—Any unaccompanied alien child sought to be removed by the Department of Homeland Security shall be—

“(A) placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a);

“(B) eligible for relief under section 240B of that Act (8 U.S.C. 1229c) at no cost to the child; and

“(C) provided access to counsel in accordance with subsection (c)(5).”; and

(E) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.

(2) CONFORMING AMENDMENTS.—Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended—

(A) in subsection (c)(5), by striking “, and who are not described in subsection (a)(2)(A),”; and

(B) in subsection (e), by striking “, including children described in subsection (a)(2)”.

(d) Duration of unaccompanied child designation.—Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)), as amended by subsection (c), is further amended by adding at the end the following:

“(5) DURATION OF UNACCOMPANIED ALIEN CHILD DETERMINATION.—

“(A) IN GENERAL.—Upon identification as an unaccompanied alien child, a child shall be afforded all substantive and procedural protections provided for unaccompanied alien children under this section and any other Federal law for the duration of the child’s removal proceedings.

“(B) REEVALUATION AND REVOCATION PROHIBITED.—The head of a Federal agency may not—

“(i) reevaluate or revoke a determination that an individual is an unaccompanied alien child; or

“(ii) deny or impede access to any protections provided for unaccompanied alien children by Federal law, including on the basis of the individual’s reunification with a parent or legal guardian or the individual having attained 18 years of age.”.

(e) Child protective measures for all children in U.S. Customs and Border Protection custody.—

(1) PURPOSE.—The purposes of this subsection are—

(A) to ensure the safety and access to protection of children temporarily in the custody of U.S. Customs and Border Protection by requiring the Secretary of Homeland Security to hire child welfare professionals; and

(B) to prevent unnecessary family separation through the deployment of officials of the Department of Health and Human Services to U.S. Customs and Border Protection facilities to evaluate unaccompanied children arriving with non-parent, adult family members for reunification within 72 hours.

(2) CHILD WELFARE PROFESSIONALS.—

(A) DEFINITION OF CHILD WELFARE PROFESSIONAL.—The term “child welfare professional” means an individual who—

(i) is State-licensed in social work;

(ii) has direct experience working with children;

(iii) has expertise in—

(I) child development; and

(II) culturally competent, trauma-centered, and developmentally appropriate interviewing skills;

(iv) has knowledge of Federal and State child welfare laws and standards; and

(v) is proficient in 1 or more of the most common languages spoken by children apprehended at the southern border of the United States.

(B) STAFFING OF CHILD WELFARE PROFESSIONALS AT U.S. CUSTOMS AND BORDER PROTECTION FACILITIES.—The Secretary of Homeland Security shall ensure that 1 or more child welfare professionals is available at each port of entry and Border Patrol station along the southern land border of the United States to accomplish the duties described in this subsection.

(i) HIRING.—The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall hire, or seek to enter into contracts with, child welfare professionals who shall—

(I) work on site on a full-time basis at ports of entry or Border Patrol stations that have had not fewer than 25 children in custody—

(aa) on any day during the preceding fiscal year; or

(bb) during the fiscal year in which this Act is enacted based on a review of monthly statistical reports during the such fiscal year;

(II) remain available by telephone and videoconference on an on-call basis to U.S. Customs and Border Protection personnel at ports of entry or Border Patrol stations that are not described in subclause (I).

(ii) INTERPRETER REQUIRED.—In the case of a child welfare professional who does not speak the best language of a child in the custody of U.S. Customs and Border Protection at a port of entry or Border Patrol station along the southern land border of the United States, the Secretary of Homeland Security shall provide an interpreter.

(C) DUTIES.—In accordance with the timeframe under subsections (a)(4) and (b)(3) of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232), as amended by this Act, child welfare professionals placed as ports of entry and Border Patrol stations under subparagraph (B) shall—

(i) conduct screening of each child in the custody of U.S. Customs and Border Protection in accordance with such subsection (a)(4);

(ii) ensure appropriate care of each child in the custody of U.S. Customs and Border Protection;

(iii) ensure that any allegation of abuse or mistreatment of a child in the custody of U.S. Customs and Border Protection is referred to the appropriate Federal and State authorities;

(iv) with respect to a child who may meet the notification and transfer requirements under subsections (a) and (b) of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232), including a child for whom a determination cannot be made, notify the Secretary of Homeland Security and the Assistant Secretary of the Office of Refugee Resettlement of the presence of such child at the port of entry or Border Patrol station;

(v) conduct an initial family relationship and trafficking assessment for each child in the custody of U.S. Customs and Border Protection; and

(vi) perform other duties as appropriate.

(D) REPORT.—Not later than 180 days after the date of the enactment of this Act, and every quarter thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on the Judiciary, the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Education and Labor of the House of Representatives a report that, for the preceding fiscal quarter—

(i) describes the activities carried out by child welfare professionals under this subsection;

(ii) assesses the effectiveness of such activities; and

(iii) includes non-personally identifiable data on all children screened by child welfare professionals under this subsection, including—

(I) the number and location of children in the physical custody of the Department of Homeland Security;

(II) the number of children transferred to the custody of the Secretary of Health and Human Services; and

(III) the number of children removed from the United States, and the countries of nationality of such children.

(3) EXPEDITED REUNIFICATION AT THE BORDER.—

(A) IN GENERAL.—Unaccompanied children encountered by the Commissioner of U.S. Customs and Border Protection together with 1 or more adult family members who are not their parents or legal guardians shall be—

(i) transferred, along with those adult family members, to the nearest U.S. Customs and Border Protection reception center where field staff of the Department of Health and Human Services are on site; and

(ii) screened, along with the 1 or more adult family members, by such field staff to assess—

(I) the validity of the relationship between the child and 1 or more adult family members;

(II) the ability of the 1 or more adult family members to care for the child; and

(III) any risk of trafficking or abuse from the 1 or more adult family members.

(B) INTERVIEW.—In conducting the screening under subparagraph (A)(ii), the field staff of the Department of Health and Human Services shall interview the child—

(i) together with the 1 or more adult family members; and

(ii) separately from the adult family member(s).

(C) OBSERVATION.—In the case of young children and infants screened under this paragraph, in addition to evaluating the documentary evidence of relationship provided, the field staff of the Department of Health and Human Services shall observe the interactions between the children and their 1 or more adult family members.

(D) U.S. CUSTOMS AND BORDER PROTECTION CUSTODY.—During the screening required by this paragraph, an unaccompanied child described in subparagraph (A) shall remain in the legal custody of the Commissioner of U.S. Customs and Border Protection for not more than 72 hours.

(E) SAFE SPONSOR DETERMINATION.—

(i) IN GENERAL.—If field staff of the Health and Human Services determine that an adult family member is a safe sponsor, the Commissioner of U.S. Customs and Border Protection, absent exigent circumstances, shall approve the sponsor for release and transfer custody of the child from the Commissioner to the Secretary of Health and Human Services in a designated space so that the Office of Refugee Resettlement may promptly reunify the child directly with the adult sponsor.

(ii) REFERRAL FOR LEGAL SERVICES.—The Assistant Secretary of the Office of Refugee Resettlement shall ensure that any child approved for release with their family sponsor under this subparagraph is referred to a legal services provider funded by the Department of Health and Human Services to represent the child post-release.

(F) DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY.—In any case in which Department of Health and Human Services field staff cannot approve a child’s reunification not later than 72 hours after the time at which the child is apprehended—

(i) the Commissioner of U.S. Customs and Border Protection shall transfer custody of the child to the Secretary of Health and Human Services for placement in Office of Refugee Resettlement care in the least restrictive setting in the child’s best interest, as required by section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and

(ii) the Secretary of Health and Human Services shall appoint an independent child advocate to the child upon the child's arrival in Office of Refugee Resettlement care.

(G) LEGAL ORIENTATION PRESENTATIONS IN RECEPTION CENTERS.—The Secretary of Health and Human Services shall work with stakeholders to ensure that legal staff are detailed to U.S. Customs and Border Protection reception centers sites to provide legal orientation presentations to unaccompanied children while their 1 or more adult family members are evaluated by Department of Health and Human Services field staff.

(4) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed to modify—

(A) the definition of the term “unaccompanied alien child” under section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2));

(B) the obligation of the Secretary of Health and Human Services to take a child into custody, and if the child cannot be reunified with the adult family member as set forth in paragraph (3)(E) to place the child in the least restrictive setting in their best interests, consistent with section 279(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)) or section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); or

(C) the duration of the unaccompanied alien child determination and associated legal protections under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232).

(f) Elimination of special immigrant juvenile visa cap.—

(1) ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.—Section 201(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)(A)) is amended by striking “subparagraph (A) or (B)” and inserting “subparagraph (A), (B), or (J)”.

(2) PREFERENCE ALLOCATION FOR EMPLOYMENT-BASED IMMIGRANTS.—Section 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(4)) is amended by striking “subparagraph (A) or (B)” and inserting “subparagraph (A), (B), or (J)”.

(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 the matter preceding subparagraph (A), by inserting “, or in the case of an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))), under regulations of the Secretary of Health and Human Services” after “Attorney General”;

(ii) 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;

(iii) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively;

(iv) by inserting after subparagraph (A) the following:

“(B) the Attorney General, or in the case of an unaccompanied alien child, the Secretary of Health and Human Services, may appoint or provide counsel, at Government expense, to the alien;

“(C) the alien, at the beginning of such proceedings or as expeditiously as possible, shall automatically receive a complete copy of all relevant documents in the possession of the Department of Homeland Security (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), including—

“(i) all documents (other than documents protected from disclosure by privilege and documents containing national security information referred to in subparagraph (D), law enforcement sensitive information, or information prohibited from disclosure pursuant to any other provision of law) contained in the file maintained by the Government that includes information with respect to all transactions involving the alien during the immigration process (commonly referred to as an ‘A-file’); and

“(ii) all documents pertaining to the alien that the Department of Homeland Security has obtained or received from other government agencies;”; and

(v) 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 AND THE SECRETARY OF HEALTH AND HUMAN SERVICES 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 proceeding conducted under section 235, 236, 238, 240, or 241, or under any other section of this Act, including”;

(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

(iii) by adding at the end the following:

“(b) Access to counsel.—

“(1) IN GENERAL.—The Attorney General may appoint or provide counsel to aliens in any proceeding conducted under section 235, 236, 238, 240, or 241, or under any other section of this Act.

“(2) UNACCOMPANIED ALIEN CHILDREN.—The Secretary of Health and Human Services may appoint or provide counsel to unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in any applicable proceeding conducted pursuant to any section of this Act.

“(3) IMMIGRATION DETENTION AND BORDER FACILITIES.—The Secretary of Homeland Security shall ensure that aliens have access to counsel inside all immigration detention and border facilities.”.

(3) APPOINTMENT OF COUNSEL FOR CHILDREN AND VULNERABLE ALIENS.—

(A) IN GENERAL.—Section 292 of the Immigration and Nationality Act, as amended by subsection (b), is further amended by adding at the end the following:

“(c) Unaccompanied alien children.—Notwithstanding subsection (b), the Secretary of Health and Human Services shall appoint or provide counsel at Government expense, if necessary, at the beginning of immigration proceedings, or as expeditiously as possible, to represent in such proceedings unaccompanied alien children.

“(d) Other vulnerable aliens.—Notwithstanding subsection (b), the Attorney General shall appoint or provide counsel at Government expense, if necessary, at the beginning of immigration 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 who is not an unaccompanied alien child;

“(2) a person with a disability;

“(3) a victim of abuse, torture, or violence;

“(4) an individual whose income is at or below 200 percent of the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved; or

“(5) an individual whose circumstances require the appointment of counsel to help ensure the fair resolution and efficient adjudication of the proceedings.

“(e) Extension to consolidated cases.—If the Attorney General has consolidated the case of an alien for whom counsel was appointed under subsection (c) or (d) with the case of another alien who does not have counsel, the counsel appointed under subsection (c) or (d), as applicable, shall be appointed to represent such other alien.

“(f) Authorization of appropriations.—There is authorized to be appropriated to the Office of Refugee Resettlement of the Department of Health and Human Services and to the Executive Office for Immigration Review of the Department of Justice, such sums as may be necessary to carry out this section.”.

(B) RULEMAKING.—

(i) UNACCOMPANIED ALIEN CHILDREN.—The Secretary of Health and Human Services 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.

(ii) OTHER VULNERABLE ALIENS.—The Attorney General shall promulgate regulations to implement section 292(d) 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 COUNSEL.—The Secretary of Homeland Security shall facilitate access to counsel for all aliens detained in facilities under the supervision of U.S. Immigration and Customs Enforcement or of U.S. Customs and Border Protection, including providing information to such aliens regarding legal services programs at detention facilities.

(2) ACCESS TO LEGAL ORIENTATION PROGRAMS.—

(A) PROCEDURES.—The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures—

(i) to ensure that legal orientation programs are available for all detained aliens, including aliens held in U.S. Customs and Border Protection facilities; and

(ii) to inform such aliens of—

(I) the basic procedures of immigration hearings;

(II) their rights relating to such hearings under Federal immigration laws;

(III) information that may deter such aliens from filing frivolous legal claims; and

(iii) any other information that the Attorney General considers appropriate, such as a contact list of potential legal resources and providers.

(B) UNIVERSAL AVAILABILITY.—Access to legal orientation programs under subparagraph (A) may not be limited by the alien’s current immigration status, prior immigration history, or potential for immigration relief.

(c) Report on access to counsel.—

(1) REPORT.—Not later than December 31 each year, the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of Health and Human Services, shall 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 subsections (c) and (d) of section 292 of the Immigration and Nationality Act, as added by subsection (a)(3)(A), have been provided access to counsel.

(2) CONTENTS.—Each report submitted pursuant to paragraph (1) shall include, for the immediately preceding 1-year period—

(A) the number and percentage of aliens described in section 292(c) of the Immigration and Nationality Act and in paragraphs (1), (2), (3), and (4), respectively, of section 292(d) of such Act who were represented by counsel, including information specifying—

(i) the stage of the legal process at which the alien was represented; and

(ii) whether the alien was in government custody; and

(B) the number and percentage of aliens who received legal orientation presentations.

(d) Motions To reopen.—Section 240(c)(7)(C) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the following:

“(v) SPECIAL RULE FOR ALIENS ENTITLED TO APPOINTMENT OF COUNSEL.—If the Secretary of Health and Human Services or the Attorney General fail to appoint counsel for an alien in accordance with subsection (c) or (d) of section 292, as applicable—

“(I) no limitation under this paragraph pertaining to the filing of any motion under this paragraph by such alien shall apply; and

“(II) the filing of such a motion shall stay the removal of the alien.”.

(a) In general.—Chapter 5 of title II of the Immigration and Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:

(b) Technical and conforming amendments.—

(1) TABLE OF CONTENTS.—The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 245A the following:

“Sec. 245B. Protection of stateless persons in the United States.”.

(2) EXCEPTION FOR UNLAWFUL PRESENCE OF STATELESS PERSONS.—Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the end the following:

“(V) STATELESS PERSONS.—Clause (i) shall not apply to a noncitizen who demonstrates that he or she is a stateless person (as defined in section 245B(a)).”.

(a) Births to United States citizens overseas.—Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended—

(1) in subsection (g), by striking “; and” and inserting a semicolon;

(2) in subsection (h), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

“(i) a person born to a citizen of the United States outside the United States or in an outlying possession of the United States, if such person is born as a stateless person (as defined in section 245B(a)).”.

(b) Foundlings.—Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is further amended by striking subsection (f) and inserting the following:

“(f) a person of unknown parentage found in the United States while under the age of 18 years, until shown, prior to the person attaining the age of 21 years, not to have been born in the United States;”.

(c) Stateless safeguards for derivative citizenship and international adoptions.—

(1) STATELESS SAFEGUARDS.—Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended by adding at the end the following:

“(e) (1) Notwithstanding any other provision of law, a person born outside the United States or in an outlying possession who is or becomes a stateless person (as defined in section 245B(a)) automatically becomes a citizen of the United States on the date on which one of the following conditions has been fulfilled:

“(A) One parent is or was a citizen of the United States.

“(B) The person was adopted by—

“(i) a citizen of the United States; or

“(ii) an individual who became a citizen of the United States after the date of such adoption.

“(2) This subsection applies to any person who meets the criteria under paragraph (1) at any time.”.

(2) AGE.—Section 320(a) of the Immigration and Nationality Act (8 U.S.C. 1431(a)) is amended by striking paragraph (2) and inserting the following:

“(2) The child is under the age of 21 years.”.

(3) ENTRY AND CUSTODY.—Section 320(a) of the Immigration and Nationality Act (8 U.S.C. 1431(a)) is further amended by striking paragraph (3) and inserting the following:

“(3) The child is residing in the United States, and provided such child is under the legal age of adulthood in the State in which the parent of the child or the child resides, is in the legal and physical custody of the citizen parent.”.

(d) Programs To prevent statelessness.—The Secretary of Homeland Security and Secretary of State shall jointly establish and carry out initiatives to prevent statelessness from occurring, which may include—

(1) an assessment of United States citizenship law to determine and amend any provision of law that results in statelessness or a delayed acquisition of nationality that increases the risk of statelessness;

(2) studies on the profiles and number of stateless people living in the United States;

(3) programs to promote inclusive and nondiscriminatory nationality laws and practices in other countries, with particular attention to the prevention of atrocity crimes;

(4) programs to encourage other countries to establish stateless status determination and protection legislation; and

(5) grants to universities and nongovernmental organizations to accelerate research, education, curricula, and knowledge on nationality law and practice and statelessness.

(a) Security and related grounds.—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.—Any alien who—

“(I) has engaged in a terrorist activity;

“(II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable grounds to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (ii));

“(III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity;

“(IV) is a representative (as defined in clause (v)) of—

“(aa) a terrorist organization described in subclause (I) or (II) of clause (vi)); and

“(bb) a political, social, or other group that endorses or espouses terrorist activity;

“(V) is a member of a terrorist organization described in subclause (I) or (II) of clause (vi);

“(VI) endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or to support a terrorist organization described in subclause (I) or (II) of clause (vi); or

“(VII) 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 described in subclause (I) or (II) of clause (vi)), or was a terrorist organization described in subclause (III) of such clause and there are reasonable grounds for regarding the alien as a danger to the security of the United States,

is inadmissible. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this Act, to be engaged in a terrorist activity.

“(ii) TERRORIST ACTIVITY DEFINED.—In this Act, the term ‘terrorist activity’ means any activity that is unlawful under the laws of the place in which 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 that involves any of the following:

“(I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle).

“(II) 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 carry out or abstain from carrying out any act as an explicit or implicit condition for the release of the individual seized or detained.

“(III) 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 person.

“(IV) An assassination.

“(V) The use, with the intent to endanger the safety of 1 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), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property.

“(VI) A threat, attempt, or conspiracy to do any of the foregoing.

“(iii) ENGAGE IN TERRORIST ACTIVITY DEFINED.—In this Act, the term ‘engage in terrorist activity’ means, in an individual capacity or as a member of an organization—

“(I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;

“(II) to prepare or plan a terrorist activity;

“(III) to gather information on potential targets for terrorist activity;

“(IV) to solicit funds or other things of value for—

“(aa) a terrorist activity; or

“(bb) a terrorist organization described in subclause (I) or (II) of clause (vi)(II);

“(V) to solicit any individual—

“(aa) to engage in conduct otherwise described in this subsection; or

“(bb) for membership in a terrorist organization described in subclause (I) or (II) of clause (vi); or

“(VI) 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; or

“(cc) to a terrorist organization described in subclause (I) or (II) of clause (vi) or to any member of such an organization.

“(iv) MATERIAL SUPPORT.—In this Act, the term ‘material support’ means support that is significant and of a kind directly relevant to terrorist activity.

“(v) REPRESENTATIVE DEFINED.—In this paragraph, the term ‘representative’ includes an officer, official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity.

“(vi) TERRORIST ORGANIZATION DEFINED.—In this section, the term ‘terrorist organization’ means an organization—

“(I) designated under section 219; or

“(II) 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 subclauses (I) through (VI) of clause (iv).”.

(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—

(A) by striking “Any alien” and inserting the following:

“(i) IN GENERAL.—Any alien”; and

(B) by adding at the end the following:

“(ii) APPLICABILITY.—Clause (i) shall not apply to an alien who establishes that the actions giving rise to inadmissibility under such clause 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 striking “Any alien” and inserting the following:

“(i) IN GENERAL.—Any alien”; and

(B) by adding at the end the following:

“(ii) APPLICABILITY.—Clause (i) shall not apply to an alien who establishes that the actions giving rise to deportability under such clause 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.”.

(a) In general.—Section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)), as amended by section 1105, 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 been granted a confidential interview by an asylum officer, in a language the alien claims to understand, 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), (C), and (D) as subparagraphs (C), (D), and (E), 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 interview and in a language the alien claims to understand, information concerning the alien’s interdiction, including the ability of the alien 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 departure, origin, or 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 who would be subject to torture, an opportunity to seek protection in—

“(I) a country other than the alien’s country of departure, origin, or 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.”.

(b) Conforming amendments.—

(1) Section 240A(c)(5) of the Immigration and Nationality Act (8 U.S.C. 1229b(c)(5)) is amended by striking “section 241(b)(3)(B)(i)” and inserting “section 241(b)(3)(C)(i)”.

(2) Section 242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended, in the undesignated matter following subparagraph (D), by striking “241(b)(3)(C)” and inserting “241(b)(3)(D)”.

(a) Employment authorization for T visa applicants.—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 a petition 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 petition for such status is approved; or

“(B) a date determined by the Secretary that is not later than 180 days after the date on which such alien filed such petition.”.

(b) Increased accessibility and employment authorization for U visa applicants.—Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended—

(1) in paragraph (2)(A), by striking “10,000” and inserting “20,000”;

(2) in paragraph (6), by striking the last sentence; and

(3) by adding at the end the following:

“(8) EMPLOYMENT 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; or

“(B) a date determined by the Secretary that is not later than 180 days after the date on which such alien filed such application.”.

(c) Prohibition on removal of certain victims with pending petitions and applications.—

(1) IN GENERAL.—Section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) is amended—

(A) by redesignating subsection (e) as subsection (f); and

(B) by inserting after subsection (d) the following:

“(e) Prohibition on removal of certain victims with pending petitions and applications.—

“(1) IN GENERAL.—An alien described in paragraph (2) shall not be removed from the United States under this section or any other provision of law until there is a final denial of the alien’s application for status after the exhaustion of administrative and judicial review.

“(2) ALIENS DESCRIBED.—An alien described in this paragraph is an alien who—

“(A) has a pending application or petition under—

“(i) subparagraph (T) or (U) of section 101(a)(15);

“(ii) section 106;

“(iii) section 240A(b)(2); or

“(iv) section 244(a)(3) (as in effect on March 31, 1997); or

“(B) is a VAWA self-petitioner, as defined in section 101(a)(51), and has a pending application for relief under a provision referred to in any of subparagraphs (A) through (G) of such section.”.

(2) CONFORMING AMENDMENT.—Section 240(b)(7) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(7)) is amended by striking “subsection (e)(1)” and inserting “subsection (f)”.

(d) Prohibition on detention of certain victims with pending petitions and applications.—Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding at the end the following:

“(f) Prohibition on detention of certain victims with pending petitions and applications.—

“(1) PRESUMPTION OF RELEASE.—

“(A) IN GENERAL.—Notwithstanding any other provision of this Act, there shall be a presumption that an alien described in paragraph (2) should be released from detention.

“(B) REBUTTAL.—The Secretary of Homeland Security may rebut the presumption of release based on clear and convincing evidence, including credible and individualized information, that—

“(i) the use of alternatives to detention will not reasonably ensure the appearance of the alien at removal proceedings; or

“(ii) the alien is a threat to another person or the community.

“(C) PENDING CRIMINAL CHARGE.—A pending criminal charge against an alien may not be the sole factor to justify the continued detention of the alien.

“(2) ALIEN DESCRIBED.—An alien described in this paragraph is an alien who—

“(A) has a pending application under—

“(i) subparagraph (T) or (U) of section 101(a)(15);

“(ii) section 106;

“(iii) section 240A(b)(2); or

“(iv) section 244(a)(3) (as in effect on March 31, 1997); or

“(B) is a VAWA self-petitioner, as defined in section 101(a)(51), and has a pending petition for relief under a provision referred to in any of subparagraphs (A) through (G) of such section.”.

(a) Written record of address.—Section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)) is amended—

(1) in paragraph (1)(F), by inserting “the Secretary of Homeland Security or” before “the Attorney General” each place such term appears; and

(2) in paragraph (2)(A) by striking “the alien or to the alien’s counsel of record” and inserting “the alien and to the alien’s counsel of record.”.

(b) Removal in absentia and rescission of removal orders.—Section 240(b) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)), as amended by section 1203, is further amended—

(1) in paragraph (5)—

(A) by amending subparagraph (A) to read as follows:

“(A) REMOVAL IN ABSENTIA.—

“(i) IN GENERAL.—Any alien who, after a proceeding under this section is rescheduled by an immigration judge due to the alien’s failure to attend such proceeding, and written notice required under paragraph (1) or (2) of section 239(a) has been provided to the alien and the alien’s counsel of record, does not attend a proceeding under this section, may be ordered removed in absentia if the Department of Homeland Security establishes by clear, unequivocal, and convincing evidence that—

“(I) sufficient written notice was so provided;

“(II) the alien is removable; and

“(III) in the case of an alien required to periodically report to the Department of Homeland Security, the alien has demonstrated a pattern of failing to report.

“(ii) SUFFICIENT NOTICE.—The written notice by the Secretary of Homeland Security or the Attorney General shall be considered sufficient for purposes of this subparagraph if—

“(I) the notice includes—

“(aa) the accurate date, time, and court location at which the alien is required to appear; and

“(bb) the date on which the notice was issued;

“(II) the notice is provided at the most recent complete physical address provided under section 239(a); and

“(III) the certificate of service for the notice indicates that oral notice and a recitation of the consequences of failure to appear were provided—

“(aa) in the native language of the alien; or

“(bb) in a language the alien understands.”; and

(B) by amending paragraph (C) to read as follows:

“(C) RESCISSION OF ORDER.—

“(i) IN GENERAL.—Such an order may be rescinded only—

“(I) upon a motion to reopen filed at any time after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances;

“(II) upon a motion to reopen filed at any time if the alien demonstrates that the alien did not receive notice in accordance with paragraph (1) or (2) of section 239(a) or the alien demonstrates that the alien was in Federal or State custody and the failure to appear was through no fault of the alien;

“(III) in the case of an alien who is a minor child, upon a motion to reopen filed at any time; or

“(IV) upon a motion to reopen filed at any time if the alien has a pending application for asylum, withholding of removal, or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, or demonstrates that he or she has a credible claim to any such protection.

“(ii) STAY OF REMOVAL.—The filing of the motion to reopen described in clause (i) shall stay the removal of the alien pending disposition of the motion by the immigration judge.”; and

(2) by adding at the end the following:

“(9) CHECK-IN HISTORY.—Before an immigration judge conducts a proceeding under this section, the Secretary of Homeland Security shall report to the immigration judge the extent to which the alien has complied with any requirement to report periodically the whereabouts of the alien to the Secretary of Homeland Security.”.

Section 242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended—

(1) in paragraph (1)—

(A) by striking “The petition” and inserting the following:

“(A) IN GENERAL.—The petition”; and

(B) by adding at the end the following:

“(B) PROHIBITION ON REMOVAL.—An 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.—

“(A) IN GENERAL.—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.

“(B) DECISION BASED ON ADMINISTRATIVE RECORD.—The court of appeals shall decide the petition based solely on the administrative record on which the order of removal is based.

“(C) AVAILABILITY OF REVIEW.—

“(i) IN GENERAL.—The court of appeals shall maintain jurisdiction to review discretionary determinations arising in a claim for asylum.

“(ii) JURISDICTION OVER DENIALS.—Notwithstanding section 242(a)(2)(C), the court of appeals shall maintain jurisdiction to review all denials of requests for withholding of removal 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.”.

(a) Custody determination.—

(1) INITIAL DETERMINATION.—

(A) IN GENERAL.—With respect to an alien who has expressed fear of returning to his or her home country or an intent to apply for asylum in the United States, the Secretary shall make an initial written custody determination with respect to the alien and provide the determination to the alien not later than 48 hours after, as applicable—

(i) the Secretary takes the alien into custody; or

(ii) in the case of an alien already in the custody of the Secretary, the alien expresses such fear or intent.

(B) LEAST RESTRICTIVE CONDITIONS.—A custody determination under this paragraph shall impose the least restrictive conditions if the Secretary determines that the release of an alien—

(i) will not reasonably ensure the appearance of the alien as required; or

(ii) will endanger the safety of any other person or the community.

(C) APPLICABILITY.—This paragraph shall not apply to unaccompanied alien children (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279g)).

(2) PRESUMPTION OF RELEASE.—

(A) IN GENERAL.—In a hearing under this subsection, there shall be a presumption that the alien should be released.

(B) REBUTTAL.—The Secretary may rebut the presumption of release based on clear and convincing evidence, including credible and individualized information, that—

(i) the use of alternatives to detention, including release on recognizance or on a reasonable bond, will not reasonably ensure the appearance of the alien at removal proceedings; or

(ii) the alien is a threat to another person or the community.

(C) PENDING CRIMINAL CHARGE.—A pending criminal charge against an alien may not be the sole factor to justify the continued detention of the alien.

(D) EVIDENCE OF IDENTITY.—The inability of an alien to reasonably provide government-issued evidence of identity, including the inability of the alien to contact the government of the country of nationality of the alien so as not to alert such government of the whereabouts of the alien, may not be the sole factor to justify the continued detention of the alien.

(E) PRE-EXISTING COMMUNITY TIES.—A lack of pre-existing community ties in the United States shall not preclude the release of an alien.

(b) Least restrictive conditions required.—

(1) IN GENERAL.—If the Secretary or an immigration judge determines, pursuant to a hearing under this section, that the release of an alien will not reasonably ensure the appearance of the alien as required or will endanger the safety of any other person or the community, the Secretary or the immigration judge shall order the least restrictive conditions or combination of conditions that the Secretary or judge determines will reasonably ensure the appearance of the alien and the safety of any other person and the community, which may include—

(A) release on recognizance;

(B) secured or unsecured release on bond; or

(C) participation in a program described in subsection (d).

(2) MONTHLY REVIEW.—Any condition assigned to an alien under paragraph (1) shall be reviewed by an immigration judge on a monthly basis.

(c) Special rule for vulnerable persons and primary caregivers.—

(1) IN GENERAL.—In the case that the alien who is the subject of a custody determination under this section is a vulnerable person or a primary caregiver, the alien may not be detained unless the Secretary demonstrates, in addition to the requirements under subsection (a)(2), that it is unreasonable or not practicable to place the individual in a community-based supervision program.

(2) DEFINITIONS.—In this subsection:

(A) MATERIAL WITNESS.—The term “material witness” means an individual who presents a declaration to an attorney investigating, prosecuting, or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the declarant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim.

(B) PRIMARY CAREGIVER.—The term “primary caregiver” means a person who is established to be a caregiver, parent, or close relative caring for or traveling with a child.

(C) VULNERABLE PERSON.—The term “vulnerable person” means an individual who—

(i) is under 21 years of age or over 60 years of age;

(ii) is pregnant;

(iii) identifies as lesbian, gay, bisexual, transgender, or intersex;

(iv) is a victim or witness of a crime;

(v) has filed a nonfrivolous civil rights claim in Federal or State court;

(vi) has filed, or is a material witness to, a bonafide workplace claim;

(vii) has a serious mental or physical illness or disability;

(viii) has been determined by an asylum officer in an interview conducted under section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)) to have a credible fear of persecution or torture;

(ix) has limited English language proficiency and is not provided access to appropriate and meaningful language services in a timely fashion; or

(x) has been determined by an immigration judge or the Secretary of Homeland Security to be experiencing severe trauma or to be a survivor of torture or gender-based violence, based on information obtained during intake, from the alien’s attorney or legal service provider, or through credible self-reporting.

(D) WORKPLACE CLAIM.—The term “workplace claim” means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to the employer, a Federal, State, or local agency or court, or an employee representative related to the violation of applicable Federal, State, and local labor laws, including laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination.

(d) Alternatives to detention.—

(1) IN GENERAL.—The Secretary shall establish programs that provide alternatives to detaining aliens, which shall offer a continuum of supervision mechanisms and options, including community-based supervision programs and community support.

(2) CONTRACTS WITH NONGOVERNMENTAL ORGANIZATIONS.—The Secretary shall contract with nongovernmental community-based organizations to provide services for programs under paragraph (1), including case management services, appearance assistance services, and screenings of detained aliens.

(3) INDIVIDUALIZED DETERMINATION REQUIRED.—

(A) IN GENERAL.—In determining whether to order an alien to participate in a program under this subsection, the Secretary or an immigration judge, as applicable, shall make an individualized determination with respect to the appropriate level of supervision for the alien.

(B) LIMITATION.—Participation in a program under this subsection may not be ordered for an alien for whom it is determined that release on reasonable bond or recognizance—

(i) will reasonably ensure the appearance of the alien as required; and

(ii) will not pose a threat to any other person or the community.

(e) Regular review of custody determinations and conditions of release.—

(1) TIMING.—In the case of an alien who seeks to challenge the initial custody determination under subsection (a)(1), not later than 72 hours after the initial custody determination, the alien shall be provided with the opportunity for a hearing before an immigration judge to determine whether the alien should be detained.

(2) SUBSEQUENT DETERMINATIONS.—An alien who is detained under this section shall be provided with a de novo custody determination hearing under this subsection—

(A) every 60 days; and

(B) on a showing of—

(i) changed circumstances; or

(ii) good cause for such a hearing.

(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 (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a recording of the interview that 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 a designee of the Secretary, 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 to Congress a report 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.

Section 235(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(3)) is amended—

(1) by striking “All aliens” and inserting the following:

“(A) IN GENERAL.—All aliens;”; and

(2) by adding at the end the following:

“(B) An immigration officer shall accept for inspection, and may not turn back, expel, instruct to return at a later time, refuse to inspect, or otherwise reject in any manner whatsoever, an applicant for admission who indicates—

“(i) an intent to apply for asylum under section 208; or

“(ii) a fear of persecution.

“(C) SPECIAL RULE FOR ASYLUM SEEKERS.—A noncitizen may not be returned to a contiguous country if the noncitizen indicates an intent to apply for asylum or a fear of persecution.”.

(a) Study.—

(1) IN GENERAL.—The Commission shall conduct a study to determine whether immigration officers are engaging in conduct described in paragraph (2).

(2) CONDUCT DESCRIBED.—The conduct described in this paragraph is the following:

(A) Improperly encouraging an alien to withdraw or retract an asylum claim.

(B) Incorrectly failing to refer an alien for an interview by an asylum officer to determine whether the alien has a credible fear of persecution, including failing to record the expression of an alien of fear of persecution or torture.

(C) Incorrectly removing an alien to a country in which the alien may be persecuted.

(D) Detaining an alien improperly or under inappropriate conditions.

(E) Improperly separating a family unit after a member of the family unit has expressed a credible fear of persecution.

(F) Improperly referring 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), the Commission shall submit to the appropriate committees of Congress a report describing the results of the study.

(c) Staffing.—

(1) AGENCY EMPLOYEES.—

(A) IDENTIFICATION.—The Commission may identify employees of the Department of Homeland Security, the Department of Justice, and the Government Accountability Office who 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 the employees 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)(B) 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.

(d) Definitions.—In this section:

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate committees of Congress” means—

(A) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate; and

(B) the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House of Representatives.

(2) COMMISSION.—The term “Commission” means the United States Commission on International Religious Freedom.

(3) 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)).

(4) 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—

(A) are apprehended after entering the United States;

(B) may be eligible to apply for asylum under section 208 of that Act (8 U.S.C. 1158); or

(C) may have a credible fear of persecution.

(a) In general.—An alien who has expressed a credible or reasonable fear of persecution, filed an application for asylum, withholding of removal, or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, or expressed an intent to file such an application, may not be prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a), 1326(a)) until the earlier of—

(1) the date on which any such application has been finally adjudicated and denied, including any appeals of such denial; or

(2) in the case of an alien who expresses an intent to file such an application, the date on which any applicable time limitation for the filing of such an application under section 208 of such Act has ended with an application being filed.

(b) Affirmative defense.—If an alien is prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a) and 1326(a)) in violation of subsection (a), it shall be a defense that the alien has expressed a credible or reasonable fear of persecution, has filed an application for asylum or another form of protection, and such application has not been finally adjudicated and denied, including any appeals of such denial.

(c) Treaty obligations.—In accordance with the treaty obligations of the United States under Article 31 of 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)), an alien who has been granted asylum or withholding of removal under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may not be prosecuted under section 275(a) or 276(a) of that Act (8 U.S.C. 1325(a) and 1326(a)).

It is the sense of the Congress that—

(1) the President should appoint a White House Coordinator on Refugee Protection and grant such official the authority and staff necessary to coordinate, prioritize, and lead efforts to address refugee protection issues that involve multiple agencies, including the refugee admissions program, and to resolve interagency differences in a timely, efficient, and effective manner; and

(2) such position should be at a senior level and require as a condition for appointment a significant level of prior experience in the refugee protection field.

Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) is amended—

(1) in subsection (a)—

(A) by striking paragraph (1);

(B) by redesignating paragraphs (2) and (4) as paragraphs (1) and (6), respectively;

(C) in paragraph (1), as so redesignated—

(i) by inserting (A) before “Except as provided”;

(ii) by striking “after fiscal year 1982”;

(iii) by striking “is justified” and all that follows through “interest.” and inserting the following:

“(i) justified by humanitarian concerns or otherwise in the national interest; and

“(ii) not fewer than 125,000.”; and

(iv) by adding at the end the following:

“(B) If the President does not issue a determination under this paragraph before the beginning of a fiscal year, the number of refugees who may be admitted under this section shall be 125,000.

“(2) Each officer of the Federal Government responsible for refugee admissions or refugee resettlement shall treat a determination under paragraph (1) and subsection (b) as the numerical goals for refugee admissions under this section for the applicable fiscal year.”;

(D) by inserting after paragraph (3) the following:

“(4) In making a determination under paragraph (1), the President shall consider the number of refugees who, during the calendar year beginning immediately after the beginning of the applicable fiscal year, are in need of resettlement in a third country, as determined by the United Nations High Commissioner for Refugees in the most recently published projected global resettlement needs report.

“(5) The President shall determine regional allocations for admissions under this subsection, that—

“(A) shall consider the projected needs identified by the United Nations High Commissioner for Refugees in the projected global resettlement needs report for the calendar year beginning immediately after the beginning of the applicable fiscal year; and

“(B) shall include an unallocated reserve that the Secretary of State, after notifying the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, may use for 1 or more regions in which the need for additional refugee admissions arises.”;

(E) in paragraph (6), as so redesignated, by striking “(beginning with fiscal year 1992)”; and

(F) by adding at the end the following:

“(7) 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 applicable fiscal year.”; and

(2) by adding at the end the following:

“(g) Quarterly reports on admissions.—Not later than 15 days after the last day of each quarter, the President shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes the following:

“(1) REFUGEES ADMITTED.—

“(A) The number of refugees admitted to the United States during the preceding quarter.

“(B) The number of refugees admitted to the United States during the preceding quarter, expressed as a percentage of the number of refugees authorized to be admitted in accordance with the determinations under subsections (a) and (b) for the applicable fiscal year.

“(C) The cumulative number of refugees admitted to the United States during the applicable fiscal year, as of the last day of the preceding quarter.

“(D) The number of refugees to be admitted to the United States during the remainder of the applicable fiscal year so as to achieve the numerical goals set forth in the determinations under subsections (a) and (b) for such fiscal year.

“(E) The number of refugees from each region admitted to the United States during the preceding quarter, expressed as a percentage of the allocation for each region under subsection (a)(5) for the applicable fiscal year.

“(2) ALIENS WITH SECURITY ADVISORY OPINIONS.—

“(A) The number of aliens, by nationality, for whom a Security Advisory Opinion has been requested who were security-cleared during the preceding quarter, expressed as a percentage of all cases successfully adjudicated by the Director of U.S. Citizenship and Immigration Services in the applicable fiscal year.

“(B) The number of aliens, by nationality, for whom a Security Advisory Opinion has been requested who were admitted to the United States during the preceding quarter.

“(3) CIRCUIT RIDES.—

“(A) For the preceding quarter—

“(i) the number of Refugee Corps officers deployed on circuit rides, expressed as a percentage of the overall number of Refugee Corps officers;

“(ii) the number of individuals interviewed—

“(I) on each circuit ride; and

“(II) at each circuit ride location;

“(iii) the number of circuit rides; and

“(iv) for each circuit ride—

“(I) the duration of the circuit ride;

“(II) the average number of interviews conducted daily on the circuit ride; and

“(III) the percentages of interviews conducted for—

“(aa) individuals who require Security Advisory Opinions; and

“(bb) individuals who do not require Security Advisory Opinions.

“(B) For the subsequent quarter—

“(i) the number of circuit rides scheduled; and

“(ii) the number of circuit rides planned.

“(4) PROCESSING.—For the preceding quarter—

“(A) the average number of days between—

“(i) the date on which an individual is identified by the United States Government as a refugee; and

“(ii) the date on which such individual is interviewed by the Secretary of Homeland Security;

“(B) the average number of days between—

“(i) the date on which an individual identified by the United States Government as a refugee is interviewed by the Secretary of Homeland Security; and

“(ii) the date on which such individual is admitted to the United States; and

“(C) with respect to individuals identified by the United States Government as refugees who have been interviewed by the Secretary of Homeland Security, the approval, denial, and hold rates for the applications for admission of such individuals, by nationality.

“(5) PLAN AND ADDITIONAL INFORMATION.—

“(A) A plan that describes the procedural or personnel changes necessary to ensure the admission of the number of refugees authorized to be admitted to the United States in accordance with determinations under subsections (a) and (b), including a projection of the number of refugees to be admitted to the United States each month so as to achieve the numerical goals set forth in such determinations.

“(B) Additional information relating to the pace of refugee admissions, as determined by the President.

“(h) Rule of construction.—Nothing in this section may be construed—

“(1) to inhibit the expeditious processing of refugee and asylum applications;

“(2) to restrict the authority of the Secretary of Homeland Security to admit aliens to the United States under any other Act; or

“(3) to prevent the executive branch from increasing the numerical goal of refugee admissions or regional allocations based on emerging or identified resettlement needs during and throughout the fiscal year.”.

Section 207(e) of the Immigration and Nationality Act (8 U.S.C. 1157(e)) is amended—

(1) by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively;

(2) in the matter preceding subparagraph (A), as so redesignated—

(A) by inserting “(1)” after “(e)”; and

(B) 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”;

(3) in the undesignated matter following subparagraph (G), as so redesignated, by striking “To the extent possible,” and inserting the following:

“(2) To the extent possible”; and

(4) 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 of 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.”.

(a) Establishment.—There is established in the Treasury of the United States a fund, to be known as the “Domestic Emergency Refugee Resettlement Contingency Fund” (referred to in this section as the “Fund”), to be administered by the Assistant Secretary of the Office of Refugee Resettlement (referred to in this section as the “Assistant Secretary”) for the purpose described in subsection (b) and to remain available until expended.

(b) Purpose.—Amounts from the Fund shall be used to enable the Assistant Secretary to operate programs and carry out efforts and initiatives to respond to urgent, unanticipated, or underfunded refugee and entrant assistance activities under—

(1) the Immigration and Nationality Act (8 U.S.C. 1101 et seq.);

(2) section 602(b) of the Afghan Allies Protection Act of 2009 (Public Law 111–8; 8 U.S.C. 1101 note);

(3) section 501 of the Refugee Education Assistance Act of 1980 (Public Law 96–422; 8 U.S.C. 1522 note);

(4) the Torture Victims Relief Act of 1998 (Public Law 105–320; 22 U.S.C. 2152 note);

(5) the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);

(6) section 1244 of the Refugee Crisis in Iraq Act of 2007 (Public Law 110–181; 8 U.S.C. 1157 note);

(7) section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); and

(8) section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279).

(c) Use of funds.—Amounts from the Fund—

(1) shall be subject to the same limitations set forth in title V of division H of the Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 1619) as are applicable to funds appropriated for the Department of Health and Human Services under such Act; and

(2) may only be used for initiatives that—

(A) replenish any previously appropriated funds that have been reprogrammed, transferred, or withheld from programs, projects, or activities that serve refugees and entrants under the authorities described in subsection (b);

(B) stabilize existing programs, projects, and activities that serve such refugees and entrants by augmenting funds previously appropriated to serve such refugees and entrants;

(C) identify unmet resettlement or integration needs of such refugees and entrants and implement solutions for such needs; and

(D) meet such other needs as the Assistant Secretary considers appropriate, consistent with the purpose under subsection (b).

(d) Protection from reprogramming.—Notwithstanding any other provision of law, none of the amounts deposited into or made available from the Fund may be transferred, reprogrammed, or otherwise made available for any purpose or use not specified in this section.

(e) Availability of funds.—Amounts in the Fund shall be available to the Assistant Secretary to meet the purpose described in subsection (b) in the national interest of the United States, as determined by the Assistant Secretary.

(f) Authorization of appropriations.—

(1) IN GENERAL.—Subject to paragraph (2), there is authorized to be appropriated to the Assistant Secretary from time to time such amounts as may be necessary for the Fund to carry out the purpose described in subsection (b).

(2) LIMITATION.—No amount of funds may be appropriated that, when added to amounts previously appropriated but not yet obligated, would cause such amount to exceed $300,000,000.

(3) JUSTIFICATION TO CONGRESS.—The President shall provide to the appropriate committees of Congress a justification for each request for appropriations under this section.

(a) Sense of Congress.—It is the sense of Congress that any complementary pathways program described in subsection (b) should be in addition to, and not in lieu of, the United States Refugee Admissions Program.

(b) Study.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on, and make recommendations pertaining to, complementary pathways to protection in the United States, including scholastic resettlement and labor mobility programs or other parallel systems for admitting refugees and individuals fleeing violence and persecution.

(a) In general.—Section 411(a) of the Immigration and Nationality Act (8 U.S.C. 1521(a)) is amended by striking the second sentence and inserting the following: “The head of the Office of Refugee Resettlement in the Department of Health and Human Services shall be an Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement (hereinafter in this chapter referred to as the ‘Assistant Secretary’), to be appointed by the President, and to report directly to the Secretary.”.

(b) Conforming amendments.—

(1) Section 411(b) of the Immigration and Nationality Act (8 U.S.C. 1521(b)) is amended by striking “Director” and inserting “Assistant Secretary”.

(2) Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by striking “Director” each place it appears and inserting “Assistant Secretary”.

(3) Section 413 of the Immigration and Nationality Act (8 U.S.C. 1523) is amended by striking “Director” each place it appears and inserting “Assistant Secretary”.

(4) Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) is amended by striking “Director” each place it appears and inserting “Assistant Secretary”.

(c) References.—Any reference to the Director of the Office of Refugee Resettlement in any other Federal law, Executive order, rule, regulation, operating instruction, or delegation of authority, or any document of or pertaining to the Department of Health and Human Services or the Office of Refugee Resettlement that refers to the Director of the Office of Refugee Resettlement, shall be deemed to refer to the Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement.

The Bureau of Population, Refugees, and Migration shall not require a refugee to be resettled within a prescribed radius of a refugee resettlement office.

(a) In general.—Not later than 2 years after the date of the enactment of this Act, and not less frequently than every 5 years thereafter, the Comptroller General of the United States shall conduct a study on the economic, social, and other contributions that refugees make to the United States.

(b) Matters To be included.—The study conducted under subsection (a) shall include the following:

(1) An assessment of economic contributions made by refugees, including—

(A) during the first year, 5 years, 10 years, and 20 years following the arrival of a refugee in the United States—

(i) a description of industries in which the most refugees work;

(ii) an analysis of the economic and spending power of refugees;

(iii) the rate of home ownership of refugees;

(iv) the estimated net amount of revenue refugees contribute to the United States, as compared to the cost of government benefits accessed by refugees; and

(v) the estimated gross amount of taxes refugees contribute;

(B) the estimated rate of entrepreneurship of refugees during the first year, 5 years, 10 years, and 20 years after the arrival of a refugee;

(C) the number of jobs created by refugee businesses; and

(D) the labor markets for which refugees fill critical gaps.

(2) An assessment of the rate of refugee self-sufficiency and a description of unmet needs and outcomes, including—

(A) the manner in which the Office of Refugee Resettlement defines self-sufficiency;

(B) an assessment as to whether such definition is adequate in addressing refugee needs in the United States;

(C) an analysis of the unmet needs and outcomes of refugees; and

(D) an evaluation of the budgetary resources of the Office of Refugee Resettlement and a projection of the amount of additional resources necessary to fully address the unmet needs of refugees and all other populations within the mandate of the Office of Refugee Resettlement, with respect to self-sufficiency.

(3) Recommendations on ways in which the Office of Refugee Resettlement may improve the rate of self-sufficiency, outcomes, and the domestic refugee program with respect to the matters assessed under paragraphs (1) and (2).

(c) Report.—Not later than 30 days after the date on which a study under subsection (a) is completed, the Comptroller General shall submit to Congress a report that describes the results of the study.

(a) In general.—Beginning with fiscal year 2023, 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 of State plans to provide to national resettlement agencies in reception and placement grants during the following fiscal year.

(b) Requirements.—In setting the amount of such grants, the Secretary of State shall ensure that—

(1) the grant amount for each fiscal year is adjusted to provide adequately for the anticipated initial resettlement needs of refugees, including adjusting the amount for inflation and the cost of living;

(2) 100 percent of administrative per capita based on an approved consolidated placement plan is provided at the beginning of the fiscal year to each national resettlement agency to ensure adequate local and national capacity to serve the initial resettlement needs of the number of refugees the Secretary of State anticipates each such resettlement agency will resettle during the fiscal year; and

(3) additional amounts are provided to each national resettlement agency promptly on the arrival of refugees that, exclusive of the amounts provided under 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).

(c) Duration of reception and placement services.—With respect to individuals eligible to receive reception and placement grants, the reception and placement period shall be not less than 1 year.

The Secretary of State shall develop and implement methods and programs to support a subsidizing line item to supplement the reception and placement grant to account for unanticipated needs of refugees, such as for economic and public health crises that necessitate additional support.

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 data analysis, collection, and sharing activities of the Office of Refugee Resettlement.

“(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 with respect to refugees arriving with Class A medical conditions and other urgent medical needs. In collecting information under this paragraph, the Assistant Secretary shall use initial refugee health screening data (including any history of severe trauma, torture, mental health symptoms, depression, anxiety, and post-traumatic stress disorder) recorded during domestic and international health screenings, and data on the rate of use of refugee medical assistance. The Assistant Secretary shall examine the information sharing process from country of arrival through refugee resettlement to determine if access to additional mental health data could help determine placements and enable agencies to better prepare to meet refugee mental health needs.

“(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 rent apartments or houses and who own condominiums or houses; and

“(ii) the number of refugees who have become homeless and the number at severe risk of becoming homeless.

“(D) (i) Beginning on the fifth year after arrival of a refugee and every 5 years thereafter until the end of the 20th year after arrival, the Assistant Secretary shall, to the extent practicable, gather longitudinal information relating to refugee self-sufficiency and economic contributions to the United States including employment status, earnings and advancement.

“(ii) The longitudinal study shall consider additional factors related to self-sufficiency and integration, including family self-sufficiency and caretaking, barriers to and opportunities for integration of the children of refugees and their descendants, and elderly resettled refugees.

“(E) Not less frequently than annually, the Assistant Secretary shall—

“(i) update the data collected under this paragraph;

“(ii) submit to Congress a report on such data; and

“(iii) not later than 270 days after the end of the fiscal year following the year for which the data were collected, make the data available to the public on the website of the Office of Refugee Resettlement.”.

(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 of 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, projections on regional allocations, and information on the nature of incoming refugees and other populations, such as demographics, case management or medical needs, 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) in the first sentence, 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 Assistant Secretary shall submit to Congress a report that describes the findings of the assessment, including a list of States and localities experiencing departures and arrivals due to secondary migration, likely reasons for migration, the impact of secondary migration on States receiving secondary migrants, availability of social services for secondary migrants in such States, and unmet needs of those secondary migrants.”.

(c) Assistance made available to secondary migrants.—Section 412(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(a)(1)) is amended by adding at the end the following:

“(C) In providing assistance under this section, the Assistant Secretary 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 the Immigration and Nationality Act (8 U.S.C. 1522(b)(4)(B)) is amended by inserting “requiring specialized care or preparation before the arrival of such refugees in the United States, or” after “medical conditions”.

(e) Legal assistance for refugees and asylees.—Section 412(c)(1)(A) of the Immigration and Nationality 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 the refugees in obtaining immigration benefits for which the refugees are eligible; and”.

(f) Notice and rulemaking.—Not later than 90 days after the date of the 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.

In consultation with the Assistant Secretary of the Office of Refugee Resettlement, the Assistant Secretary for the Bureau of Population, Refugees, and Migration shall develop and implement methods for improving volunteer coordination, housing coordination, and Affidavit of Relationship processing to ensure resettlement sites have the resources and capacity they need. The Assistant Secretary is authorized to make grants to implement this section.

(a) In general.—The Assistant Secretary for the Bureau of Population, Refugees, and Migration shall fund a full-time employee, to be known as a “Community Relations Officer”, with each State contracted for resettlement whose position will focus on building community partnerships, encouraging diverse attendance at community consultations, and organizing community consultations.

(b) Grants authorized.—The Assistant Secretary for the Bureau of Population, Refugees, and Migration is authorized to make grants to, and enter into contracts with, State and local governments to implement this section.

(c) Responsibilities.—The responsibilities of a Community Relations Officer shall be—

(1) to consider opportunities to encourage regular consultation among diverse stakeholders, such as by refugees, State Refugee Coordinators and health coordinators, resettlement agencies, and other service organizations and Ethnic Community Based Organizations;

(2) to support civic engagement of refugees and refugee leadership development; and

(3) to consider methods to expand outreach to asylees to ensure asylee access to services.

(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 clause (i) of section 402(a)(2)(M) 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, 2023.

(a) In general.—The Higher Education Act of 1965 is amended by inserting after section 135 (20 U.S.C. 1015d) the following:

(b) Conforming amendment.—The table of contents for the Higher Education Act of 1965 is amended by inserting after the item relating to section 135 the following:

“Sec. 135A. In-State tuition rates for refugees, asylees, and certain special immigrants.”.

(a) Training programs.—

(1) IN GENERAL.—The Assistant Secretary for the Bureau of Population, Refugees, and Migration, in consultation with the directors and heads of office of the Resettlement Support Centers (or the designees of such directors and heads of office), shall develop and implement methods for improving overseas refugee training programs administered by the Resettlement Support Centers to offer English as a second language, work orientation training options, cultural orientation, civic engagement, and health and wellness for refugees and Iraqi and Afghan special immigrant visa holders and their dependents, who have been approved for admission to the United States before their departure for the United States.

(2) COMMUNITY INTEGRATION.—The Assistant Secretary for the Bureau of Population, Refugees, and Migration shall develop and implement pre-departure programs for achieving community integration of refugees resettled in the United States.

(3) GRANTS AUTHORIZED.—The Assistant Secretary for the Bureau of Population, Refugees, and Migration is authorized to make grants to implement this subsection.

(b) Design and implementation.—In designing and implementing the programs referred to in subsection (a), the Secretary of State shall consult with or use—

(1) nongovernmental or international organizations with direct ties to the United States refugee resettlement program; and

(2) nongovernmental or international organizations with appropriate expertise in developing curriculum and teaching English as a second language.

(c) Impact on processing times.—The Secretary of State shall ensure that such training programs are strictly optional, occur within applicable processing times and do not delay or prevent the departure for the United States of refugees who have been approved for admission to the United States.

(d) Timeline for implementation.—

(1) INITIAL IMPLEMENTATION.—Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall ensure that the training programs under subsection (a) are fully and continually operational in at least 3 refugee processing regions.

(2) ADDITIONAL IMPLEMENTATION.—Not later than 2 years after the date of the enactment of this Act, the Secretary of State shall notify the Committees on Appropriations and the Committee on the Judiciary of the Senate and the Committees on Appropriations and the Committee on the Judiciary of the House of Representatives that such training programs are fully and consistently operational in 5 refugee processing regions.

(e) GAO report.—Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the implementation of this section, including an assessment of the quality of English as a second language curriculum and instruction, the benefits of the work orientation and English as a second language training program to refugees, and recommendations on whether such programs should be continued, broadened, or modified, and shall submit to the Committee on Appropriations and the Committee on the Judiciary of the Senate and the Committee on Appropriations and the Committee on the Judiciary of the House of Representatives a report on the findings of such study.

(f) Rule of construction.—Nothing in this section may be construed to require that a refugee participate in such a training program as a precondition for the admission to the United States of such refugee.

(a) Amendments to social services funding.—Section 412(b) of the Immigration and Nationality Act (8 U.S.C. 1522(b)) is amended to read as follows:

“(b) Programs for digital and financial literacy and housing and transportation access.—

“(1) IN GENERAL.—The Assistant Secretary of the Office of Refugee Resettlement, in consultation with the Assistant Secretary for the Bureau of Population, Refugees, and Migration, shall develop and implement methods—

“(A) for improving the digital literacy of refugees, and strengthening their access to digital devices and broadband;

“(B) to support refugees with bereavement costs and financial literacy, such as life insurance, retirement, banking, and other forms of financial independence;

“(C) to support refugees’ access to affordable housing, home ownership, public housing, legal orientation, and public transportation; and

“(D) to support refugees’ driving orientation with respect to laws, defensive driving, and vehicle maintenance classes.

“(2) GRANTS AUTHORIZED.—The Assistant Secretary of the Office of Refugee Resettlement is authorized to make grants to, and enter into contracts with, State and local governments and resettlement agencies to implement this section.”.

(b) Immediate eligibility for driver’s licenses for refugees, asylees, and certain special immigrants.—

(1) IN GENERAL.—Any State in which an alien described in paragraph (2) is domiciled shall waive residency requirements for obtaining a driver's license or an identification card in a manner that ensures that such an alien is immediately eligible for a driver’s license or identification card, including under section 202 of the REAL ID Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note), notwithstanding subsection (c)(2)(B) of such Act.

(2) ALIEN DESCRIBED.—An alien is described in this subsection if the alien was granted—

(A) refugee status and admitted to the United States under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157);

(B) asylum under section 208 of such Act (8 U.S.C. 1158); or

(C) special immigrant status under section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) pursuant to section 1244 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 111–84; 8 U.S.C. 1157 note); section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 1101 note); or section 602 of the Afghan Allies Protection Act of 2009 (Public Law 111–8; 8 U.S.C. 1101 note).

(c) Additional programs.—

(1) IN GENERAL.—The Assistant Secretary for the Bureau of Population, Refugees, and Migration, in consultation with the Assistant Secretary of the Office of Refugee Resettlement, shall develop and implement methods—

(A) for improving the digital literacy of refugees, and strengthening their access to digital devices and broadband;

(B) to support refugees with bereavement costs and financial literacy, such as life insurance, retirement, banking, and other forms of financial independence; and

(C) to support refugees’ access to affordable housing, home ownership, public housing, legal orientation, and public transportation.

(2) GRANTS AUTHORIZED.—The Assistant Secretary for the Bureau of Population, Refugees, and Migration is authorized to make grants to, and enter into contracts with, State and local governments and resettlement agencies to implement this subsection.

(a) Definitions.—In this section:

(1) DIGITAL EQUITY.—The term “digital equity” means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society, democracy, and economy of the United States.

(2) DIGITAL INCLUSION.—The term “digital inclusion”—

(A) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as—

(i) reliable broadband internet service;

(ii) internet-enabled devices that meet the needs of the user; and

(iii) applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration, including applications and online content that can be rendered accessible in the user's preferred language; and

(B) includes—

(i) obtaining access to digital literacy training;

(ii) the provision of quality technical support; and

(iii) obtaining basic awareness of measures to ensure online privacy and cybersecurity.

(3) DIGITAL LITERACY.—The term “digital literacy” means the skills associated with using technology to enable learners to find, evaluate, organize, create, communicate, and understand information in the learner’s preferred language.

(b) Study.—

(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the status of digital literacy among refugees resettled to the United States.

(2) MATTERS TO BE INCLUDED.—The study conducted under paragraph (1) shall include the following:

(A) An assessment of refugee digital literacy, equity, and inclusion outcomes including an analysis of—

(i) access to internet service subscriptions as measured by the rates at which households subscribe to service plans, the quality of service plans, and the affordability of service plans;

(ii) device access as measured by type, and number per members of household school-age and older;

(iii) digital literacy as measured by a continuum of proficiency rates and ability to overcome language barriers;

(iv) availability of technical assistance and training services;

(v) digital usage patterns (such as school, work, job applications, or coding); and

(vi) awareness of, availability of, and ability to navigate to public access points (such as schools, libraries and other community access).

(B) The results of the assessment under subparagraph (A) disaggregated by socioeconomic factors, including income level, race and ethnicity, gender, preferred language, age, disability, and level of education.

(C) An assessment of how digital literacy, equity, and inclusion limitations impact refugee integration outcomes across—

(i) employment;

(ii) participation in financial systems;

(iii) participation in democracy;