Hong Kong People's Freedom and Choice Act of 2020
This bill provides for temporary protected status (TPS) and refugee status for qualifying Hong Kong residents and contains other immigration-related provisions.
Hong Kong shall be treated as a TPS-designated country for 18 months starting from this bill's enactment. (Qualifying nationals of a TPS-designated country may not be removed from the United States and shall have employment authorization while the designation is in effect.)
Furthermore, Hong Kong shall be treated as separate from China for the purposes of various numerical limitations on immigrant visas. (Hong Kong is part of China but has a largely separate legal and economic system.)
The bill also establishes Priority Hong Kong Resident status for qualified individuals. To obtain such status, an individual must meet certain requirements, such as having resided in Hong Kong for at least ten years as of the day of this bill's enactment and not having citizenship in any jurisdiction other than China, Hong Kong, or Macau.
For the purposes of seeking refugee status or asylum, a Priority Hong Kong Resident (and certain family members of such an individual) may establish that the individual has a well-founded fear of persecution if the individual asserts such fear and (1) had a significant role in an organization that supported the 2019 or 2020 protests related to China's encroachment into Hong Kong's autonomy or the Hong Kong National Security Law enacted in 2020; or (2) was arrested, charged, detained, or convicted for participating in the nonviolent exercise of certain rights.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8428 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8428
To provide for temporary protected status for residents of Hong Kong,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2020
Mr. Malinowski (for himself, Mr. Kinzinger, Mr. Phillips, and Mr.
Taylor) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Foreign
Affairs, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for temporary protected status for residents of Hong Kong,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hong Kong People's Freedom and
Choice Act of 2020''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Joint declaration.--The term ``Joint Declaration''
means the Joint Declaration of the Government of the United
Kingdom of Great Britain and Northern Ireland and the
Government of the People's Republic of China on the Question of
Hong Kong, signed on December 19, 1984, and entered into force
on May 27, 1985.
(2) Priority hong kong resident.--The term ``Priority Hong
Kong resident'' means--
(A) a lawful permanent resident of Hong Kong who--
(i) holds no right to citizenship in any
country or jurisdiction other than the People's
Republic of China (referred to in this Act as
``PRC''), Hong Kong, or Macau as of the date of
enactment of this Act;
(ii) has been verified as a Hong Kong
resident by the Secretary of State or Secretary
of Homeland Security in accordance with the
procedures described in section 6(b) of this
Act; and
(iii) has resided in Hong Kong for not less
than the last 10 years; or
(B) is the spouse of a person described in
subparagraph (A), or the child of such person as such
term is defined in section 101(b)(1) of the Immigration
and Nationality Act (8 U.S.C. 1101(b)(1)), except that
a child shall be an unmarried person under twenty-seven
years of age.
(3) Hong kong national security law.--The term ``Hong Kong
National Security Law'' means the Law of the People's Republic
of China on Safeguarding National Security in the Hong Kong
Special Administrative Region that was passed unanimously by
the National People's Congress (referred to in this Act as
``NPC'') and signed by President Xi Jinping on June 30, 2020,
and promulgated in the Hong Kong Special Administrative Region
(referred to in this Act as ``SAR'') on July 1, 2020.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The Hong Kong National Security Law promulgated on July
1, 2020--
(A) contravenes the Basic Law of the Hong Kong
Special Administrative Region (referred to in this Act
as ``the Basic Law'') that provides in Article 23 that
the Legislative Council of Hong Kong shall enact
legislation related to national security;
(B) violates the PRC's commitments under
international law, as defined by the Joint Declaration;
and
(C) causes severe and irreparable damage to the
``one country, two systems'' principle and further
erodes global confidence in the PRC's commitment to
international law.
(2) On July 14, 2020, in response to the promulgation of
the Hong Kong National Security Law, President Trump signed an
Executive order on Hong Kong normalization that, among other
policy actions, suspended the special treatment of Hong Kong
persons under U.S. law with respect to the issuance of
immigrant and nonimmigrant visas.
(3) The United States has a long and proud history as a
destination for refugees and asylees fleeing persecution based
on race, religion, nationality, political opinion, or
membership in a particular social group.
(4) The United States also shares deep social, cultural,
and economic ties with the people of Hong Kong, including a
shared commitment to democracy, to the rule of law, and to the
protection of human rights.
(5) The United States has sheltered, protected, and
welcomed individuals who have fled authoritarian regimes,
including citizens from the PRC following the violent June 4,
1989, crackdown in Tiananmen Square, deepening ties between the
people of the United States and those individuals seeking to
contribute to a free, open society founded on democracy, human
rights, and the respect for the rule of law.
(6) The United States has reaped enormous economic,
cultural, and strategic benefits from welcoming successive
generations of scientists, doctors, entrepreneurs, artists,
intellectuals, and other freedom-loving people fleeing fascism,
communism, violent Islamist extremism, and other repressive
ideologies, including in the cases of Nazi Germany, the Soviet
Union, and Soviet-controlled Central Europe, Cuba, Vietnam, and
Iran.
(7) A major asymmetric advantage of the United States in
its long-term strategic competition with the Communist Party of
China is the ability of people from every country in the world,
irrespective of their race, ethnicity, or religion, to
immigrate to the United States and become American citizens.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to reaffirm the principles and objectives set forth in
the United States-Hong Kong Policy Act of 1992 (Public Law 102-
383), namely that--
(A) the United States has ``a strong interest in
the continued vitality, prosperity, and stability of
Hong Kong'';
(B) ``support for democratization is a fundamental
principle of United States foreign policy'' and
therefore ``naturally applies to United States policy
toward Hong Kong'';
(C) ``the human rights of the people of Hong Kong
are of great importance to the United States and are
directly relevant to United States interests in Hong
Kong and serve as a basis for Hong Kong's continued
economic prosperity''; and
(D) Hong Kong must remain sufficiently autonomous
from the PRC to ``justify treatment under a particular
law of the United States, or any provision thereof,
different from that accorded the People's Republic of
China'';
(2) to continue to support the high degree of autonomy and
fundamental rights and freedoms of the people of Hong Kong, as
enumerated by--
(A) the Joint Declaration;
(B) the International Covenant on Civil and
Political Rights, done at New York December 19, 1966;
and
(C) the Universal Declaration of Human Rights, done
at Paris December 10, 1948;
(3) to continue to support the democratic aspirations of
the people of Hong Kong, including the ``ultimate aim'' of the
selection of the Chief Executive and all members of the
Legislative Council by universal suffrage, as articulated in
the Basic Law;
(4) to urge the Government of the PRC, despite its recent
actions, to uphold its commitments to Hong Kong, including
allowing the people of Hong Kong to govern Hong Kong with a
high degree of autonomy and without undue interference, and
ensuring that Hong Kong voters freely enjoy the right to elect
the Chief Executive and all members of the Hong Kong
Legislative Council by universal suffrage;
(5) to support the establishment of a genuine democratic
option to freely and fairly nominate and elect the Chief
Executive of Hong Kong, and the establishment of open and
direct democratic elections for all members of the Hong Kong
Legislative Council;
(6) to support the robust exercise by residents of Hong
Kong of the rights to free speech, the press, and other
fundamental freedoms, as provided by the Basic Law, the Joint
Declaration, and the International Covenant on Civil and
Political Rights;
(7) to support freedom from arbitrary or unlawful arrest,
detention, or imprisonment for all Hong Kong residents, as
provided by the Basic Law, the Joint Declaration, and the
International Covenant on Civil and Political Rights;
(8) to draw international attention to any violations by
the Government of the PRC of the fundamental rights of the
people of Hong Kong, as provided by the International Covenant
on Civil and Political Rights, and any encroachment upon the
autonomy guaranteed to Hong Kong by the Basic Law and the Joint
Declaration;
(9) to protect United States citizens and long-term
permanent residents living in Hong Kong, as well as people
visiting and transiting through Hong Kong;
(10) to maintain the economic and cultural ties that
provide significant benefits to both the United States and Hong
Kong, including the reinstatement of the Fulbright exchange
program with regard to Hong Kong at the earliest opportunity;
(11) to coordinate with allies, including the United
Kingdom, Australia, Canada, Japan, and the Republic of Korea,
to promote democracy and human rights in Hong Kong; and
(12) to welcome and protect in the United States residents
of Hong Kong fleeing persecution or otherwise seeking a safe
haven from violations by the Government of the PRC of the
fundamental rights of the people of Hong Kong.
SEC. 5. TEMPORARY PROTECTED STATUS FOR HONG KONG RESIDENTS IN THE
UNITED STATES.
(a) Designation.--
(1) In general.--For purposes of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), Hong Kong
shall be treated as if it had been designated under subsection
(b)(1)(C) of that section, subject to the provisions of this
section.
(2) Period of designation.--The initial period of the
designation referred to in paragraph (1) shall be for the 18-
month period beginning on the date of enactment of this Act.
(b) Aliens Eligible.--As a result of the designation made under
subsection (a), an alien is deemed to satisfy the requirements under
paragraph (1) of section 244(c) of the Immigration and Nationality Act
(8 U.S.C. 1254a(c)), subject to paragraph (3) of such section, if the
alien--
(1) was a lawful permanent resident of Hong Kong at the
time such individual arrived into the United States and is a
national of the PRC;
(2) has been continuously physically present in the United
States since the date of the enactment of this Act;
(3) is admissible as an immigrant, except as otherwise
provided in paragraph (2)(A) of such section, and is not
ineligible for temporary protected status under paragraph
(2)(B) of such section; and
(4) registers for temporary protected status in a manner
established by the Secretary of Homeland Security.
(c) Consent To Travel Abroad.--
(1) In general.--The Secretary of Homeland Security shall
give prior consent to travel abroad, in accordance with section
244(f)(3) of the Immigration and Nationality Act (8 U.S.C.
1254a(f)(3)), to an alien who is granted temporary protected
status pursuant to the designation made under subsection (a) if
the alien establishes to the satisfaction of the Secretary of
Homeland Security that emergency and extenuating circumstances
beyond the control of the alien require the alien to depart for
a brief, temporary trip abroad.
(2) Treatment upon return.--An alien returning to the
United States in accordance with an authorization described in
paragraph (1) shall be treated as any other returning alien
provided temporary protected status under section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a).
(d) Fee.--
(1) In general.--In addition to any other fee authorized by
law, the Secretary of Homeland Security is authorized to charge
and collect a fee of $360 for each application for temporary
protected status under section 244 of the Immigration and
Nationality Act by a person who is only eligible for such
status by reason of subsection (a).
(2) Waiver.--The Secretary of Homeland Security shall
permit aliens to apply for a waiver of any fees associated with
filing an application referred to in paragraph (1).
SEC. 6. TREATMENT OF HONG KONG RESIDENTS FOR IMMIGRATION PURPOSES.
(a) In General.--Notwithstanding any other provision of law, during
the 5 fiscal year period beginning on the first day of the first full
fiscal year after the date of enactment of this Act, Hong Kong shall
continue to be considered a foreign state separate and apart from the
PRC as mandated under section 103 of the Immigration and Nationality
Act of 1990 (Public Law 101-649) for purposes of the numerical
limitations on immigrant visas under sections 201, 202, and 203 of the
Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 1153).
(b) Procedures.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Homeland Security, shall
publish in the Federal Register, an interim final rule
implementing this section. Notwithstanding section 553 of title
5, United States Code, the rule shall be effective, on an
interim basis, immediately upon publication, but may be subject
to change and revision after public notice and opportunity for
comment. The Secretary of State shall finalize such rule not
later than 1 year after the date of the enactment of this Act.
Such rule shall establish procedures--
(A) for individuals to register with any United
States embassy or consulate outside of the United
States, or with the Department of Homeland Security in
the United States, and request designation as a
Priority Hong Kong Resident; and
(B) for the appropriate Secretary to verify the
residency of registered individuals and designate those
who qualify as Priority Hong Kong Residents.
(2) Documentation.--The procedures described in paragraph
(1) shall include the collection of--
(A) biometric data;
(B) copies of birth certificates, residency cards,
and other documentation establishing residency; and
(C) other personal information, data, and records
deemed appropriate by the Secretary.
(3) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall issue
guidance outlining actions to enhance the ability of the
Secretary to efficiently send and receive information to and
from the United Kingdom and other like-minded allies and
partners for purposes of rapid verification of lawful permanent
residency in Hong Kong and designation of individuals as
Priority Hong Kong Residents.
(4) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit a
report to the House Committees on Foreign Affairs and the
Judiciary and the Senate Committees on Foreign Relations and
the Judiciary detailing plans to implement the requirements
described in this subsection.
(c) Protection for Refugees.--Nothing in this section shall be
construed to prevent a Priority Hong Kong Resident from seeking refugee
status under section 207 of the Immigration and Nationality Act (8
U.S.C. 1107) or requesting asylum under section 208 of such Act (8
U.S.C. 1108).
SEC. 7. REPORTING REQUIREMENTS.
(a) In General.--On an annual basis, the Secretary of State and the
Secretary of Homeland Security, in consultation with other Federal
agencies, as appropriate, shall submit a report to the appropriate
congressional committees, detailing for the previous fiscal year--
(1) the number of Hong Kong SAR residents who have applied
for U.S. visas or immigration benefits, disaggregated by visa
type or immigration benefit, including asylum, refugee status,
temporary protected status, and lawful permanent residence;
(2) the number of approvals, denials, or rejections of
applicants for visas or immigration benefits described in
paragraph (1), disaggregated by visa type or immigration
benefit and basis for denial;
(3) the number of pending refugee and asylum applications
for Hong Kong SAR residents, and the length of time and reason
for which such applications have been pending; and
(4) other matters deemed relevant by the Secretaries
relating to efforts to protect and facilitate the resettlement
of refugees and victims of persecution in Hong Kong.
(b) Form.--Each report under subsection (a) shall be submitted in
unclassified form and published on a text-searchable, publicly
available website of the Department of State and the Department of
Homeland Security.
SEC. 8. STRATEGY FOR INTERNATIONAL COOPERATION ON HONG KONG.
(a) In General.--It is the policy of the United States--
(1) to support the people of Hong Kong by providing safe
haven to Hong Kong SAR residents who are nationals of the PRC
following the enactment of the Hong Kong National Security Law
that places certain Hong Kong persons at risk of persecution;
and
(2) to encourage like-minded nations to make similar
accommodations for Hong Kong people fleeing persecution by the
Government of the PRC.
(b) Plan.--The Secretary of State, in consultation with the heads
of other Federal agencies, as appropriate, shall develop a plan to
engage with other nations, including the United Kingdom, on cooperative
efforts to--
(1) provide refugee and asylum protections for victims of,
and individuals with a fear of, persecution in Hong Kong,
either by Hong Kong authorities or other authorities acting on
behalf of the PRC;
(2) enhance protocols to facilitate the resettlement of
refugees and displaced persons from Hong Kong;
(3) identify and prevent the exploitation of immigration
and visa policies and procedures by corrupt officials; and
(4) expedite the sharing of information, as appropriate,
related to the refusal of individual applications for visas or
other travel documents submitted by residents of the Hong Kong
SAR based on--
(A) national security or related grounds under
section 212(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)); or
(B) fraud or misrepresentation under section
212(a)(6)(C) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)).
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State, in consultation with the heads of
other Federal agencies, as appropriate, shall submit a report on the
plan described in subsection (b) to the appropriate congressional
committees.
SEC. 9. REFUGEE STATUS FOR CERTAIN RESIDENTS OF HONG KONG.
(a) In General.--Aliens described in subsection (b) may establish,
for purposes of admission as a refugee under sections 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) or asylum under section
208 of such Act (8 U.S.C. 1158), 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 by
asserting such a fear and a credible basis for concern about the
possibility of such persecution.
(b) Aliens Described.--
(1) In general.--An alien is described in this subsection
if such alien--
(A) is a Priority Hong Kong Resident and--
(i) had a significant role in a civil
society organization supportive of the protests
in 2019 and 2020 related to the Hong Kong
National Security Law and the encroachment on
the autonomy of Hong Kong by the PRC; or
(ii) was arrested, charged, detained, or
convicted of an offense arising from their
participation in an action as described in
section 206(b)(2) of the United States-Hong
Kong Policy Act of 1992 (22 U.S.C. 5726) that
was not violent in nature;
(B) is a Priority Hong Kong Resident spouse or
child of an alien described in subparagraph (A);
(C) is the parent of an alien described in
subparagraph (A), if such parent is a citizen of the
PRC and no other foreign state; or
(D) has had their citizenship, nationality, or
residency revoked for having submitted to any United
States Government agency a nonfrivolous application for
refugee status, asylum, or any other immigration
benefit under the immigration laws (as defined in
section 101(a) of that Act (8 U.S.C. 1101(a))).
(2) Other categories.--The Secretary of Homeland Security,
in consultation with the Secretary of State, may designate
other categories of aliens for purposes of establishing a well-
founded fear of persecution under subsection (a) if such aliens
share common characteristics that identify them as targets of
persecution in the PRC on account of race, religion,
nationality, membership in a particular social group, or
political opinion.
(3) Significant role.--For purposes of clause (i) of
subsection (b)(1)(A), a significant role shall include, with
respect to the protests described in such clause--
(A) an organizing role;
(B) a first aid responder;
(C) a journalist or member of the media covering or
offering public commentary;
(D) a provider of legal services to one or more
individuals arrested for participating in such
protests; or
(E) a participant who during the period beginning
on June 9, 2019, and ending on June 30, 2020, was
arrested, charged, detained, or convicted as a result
of such participation.
(c) Age Out Protections.--For purposes of this section, a
determination of whether an alien is a child shall be made using the
age of the alien on the date on which the alien files an application
for refugee or asylum status with the Secretary of Homeland Security.
(d) Exclusion From Numerical Limitations.--Aliens provided refugee
status under this section shall not be counted against the numerical
limitation on refugees established in accordance with the procedures
described in section 207 of the Immigration and Nationality Act (8
U.S.C. 1157).
(e) Reporting Requirements.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary of State and the Secretary of Homeland Security shall
submit a report on the matters described in paragraph (2) to--
(A) the Committee on the Judiciary and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on the Judiciary and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Matters to be included.--Each report required by
paragraph (1) shall include--
(A) the total number of refugee and asylum
applications that are pending at the end of the
reporting period;
(B) the average wait-times for all applicants for
refugee status or asylum pending--
(i) a prescreening interview with a
resettlement support center;
(ii) an interview with U.S. Citizenship and
Immigration Services; and
(iii) the completion of security checks;
(C) the number of approvals, referrals including
the source of the referral, denials of applications for
refugee status or asylum, disaggregated by the reason
for each such denial; and
(D) the number of refugee circuit rides to
interview populations that would include Hong Kong SAR
completed in the last 90 days, and the number planned
for the subsequent 90-day period.
(3) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(4) Public reports.--The Secretary of State shall make each
report submitted under this subsection available to the public
on the internet website of the Department of State.
SEC. 10. STATEMENT OF POLICY ON ENCOURAGING ALLIES AND PARTNERS TO MAKE
SIMILAR ACCOMMODATIONS.
It is the policy of the United States to encourage allies and
partners of the United States to make accommodations similar to the
accommodations made in this Act for residents of the Hong Kong Special
Administrative Region who are fleeing oppression by the Government of
the People's Republic of China.
SEC. 11. TERMINATION.
Except as provided in section 6 of this Act, this Act shall cease
to have effect on the date that is 5 years after the date of the
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Mr. Engel moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H6872-6877)
DEBATE - The House proceeded with forty minutes of debate on H.R. 8428.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6872-6874)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6872-6874)
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Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.