Remedies for Refusal of Repatriation Act
This bill provides penalties for countries that refuse or delay repatriation of certain nationals ordered to be removed from the United States.
The Department of Homeland Security (DHS) shall establish procedures for determining whether a foreign country is systematically and unreasonably refusing or delaying repatriation of that country's nationals ordered removed from the United States who (1) have been convicted of a violent felony, or (2) are a threat to national security or public safety.
The Department of State and DHS shall notify representatives of a country found to be engaging in such behavior that the United States may stop issuing visas to that country's nationals. If the country continues to systematically and unreasonably refuse or delay repatriation of the individuals described in this bill, the State Department shall stop issuing visas to nationals of that country.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2647 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2647
To provide penalties for countries that systematically and unreasonably
refuse or delay repatriation of certain nationals, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2021
Mr. Courtney 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 penalties for countries that systematically and unreasonably
refuse or delay repatriation of certain nationals, 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 ``Remedies for Refusal of Repatriation
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Homeland Security of the House
of Representatives; and
(F) the Committee on the Judiciary of the House of
Representatives.
(2) Crime of violence.--The term ``crime of violence'' has
the meaning given that term in section 16 of title 18, United
States Code.
(3) Violent felony.--The term ``violent felony'' means a
crime of violence that is classified as a felony in the
convicting jurisdiction, excluding State or local offenses for
which an essential element was the alien's immigration status.
SEC. 3. REMEDIES FOR SYSTEMATIC REFUSAL OF REPATRIATION.
(a) Criteria for Systematic Refusal or Delay.--Not later than 60
days after the date of the enactment of this Act, the Secretary of
Homeland Security shall establish procedures for determining whether
the government of a foreign country systematically and unreasonably
refuses or delays the repatriation of nationals of such country who--
(1) have been ordered removed from the United States; and
(2)(A) have been convicted of a violent felony; or
(B) are a threat to national security or public safety.
(b) Requirements for Inclusion on Refusal or Delay List.--A country
shall be deemed to systematically and unreasonably refuse or delay the
repatriation of its nationals if--
(1) the country refuses--
(A) to repatriate an individual described in
subsection (a) who has been ordered removed
notwithstanding the designation of such country as the
place to which the individual is to be removed by the
United States under section 241(b) of the Immigration
and Nationality Act (8 U.S.C. 1231(b)); and
(B)(i) to secure and analyze all documents within
its control that could tend to identify the nationality
of such individual; or
(ii) to ensure that a government official capable
of determining that such individual is a national of
such country interviews such individual and, if
additional evidence is needed, such individual's
family; or
(2) other factors indicate that the country systematically
and unreasonably refuses or delays the repatriation of
nationals of such country who are described in subsection (a)
and have been ordered removed to such country by the United
States.
(c) Notification Requirements.--Upon determining that a country
systematically and unreasonably refuses or delays repatriation of its
nationals--
(1) the Secretary of Homeland Security shall notify the
Secretary of State of such determination in writing not later
than 5 days after such determination; and
(2) the Secretary of State and the Secretary of Homeland
Security shall--
(A) meet concurrently with representatives of the
foreign government in the United States and in the
foreign country about such determination; and
(B) notify such representatives that the United
States may discontinue issuance of visas to nationals
of such country under section 243(d) of the Immigration
and Nationality Act (8 U.S.C. 1253(d)).
(d) Discontinuance of Visas.--In furtherance of section 243(d) of
the Immigration and Nationality Act (8 U.S.C. 1253) and except as
provided under subsection (e), if a country described in subsection (c)
continues to systematically and unreasonably refuse or delay the
repatriation of its nationals described in subsection (a) after
receiving notification under subsection (c)(2)(B)--
(1) the Secretary of Homeland Security shall notify the
Secretary of State that the country meets the criteria
described in section 243(d) of the Immigration and Nationality
Act (8 U.S.C. 1253(d)); and
(2) the Secretary of State shall discontinue the issuance
of visas in accordance with such section.
(e) Exception.--If the Secretary of Homeland Security determines
that it is not in the interests of the United States to discontinue the
issuance of visas to nationals of a country described in subsection
(d), the Secretary of Homeland Security shall submit to the appropriate
committees of Congress a report documenting the reasons for such
determination.
(f) Public Dissemination of Information.--The Secretary of Homeland
Security and the Secretary of State shall list countries that
systematically and unreasonably refuse or delay repatriation of their
nationals described in subsection (a) on the Web sites of their
respective departments.
(g) Reports to Congress.--Not later than March 1 of each year, the
Secretary of Homeland Security and the Secretary of State shall jointly
submit to the appropriate committees of Congress a report that--
(1) identifies the countries that met the criteria
developed pursuant to subsection (a) in the previous calendar
year;
(2) describes the actions taken by the Secretary of
Homeland Security and the Secretary of State after determining
that a country met the criteria developed pursuant to
subsection (a);
(3) identifies the countries included in the notifications
described in subsections (c) and (d) and the actions taken by
the Secretary of State as a result of such notifications;
(4) identifies the countries that do not meet the criteria
described in subsection (b), but have refused or delayed the
repatriation of their nationals; and
(5) describes the actions taken by the Secretary of
Homeland Security and the Secretary of State with respect to
the countries described in paragraph (4).
<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.
Referred to the Subcommittee on Immigration and Citizenship.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line