Deferred Removal for Iraqi Nationals Including Minorities Act of 2021
This bill defers the removal of qualified Iraqi nationals from the United States for two years from the date of the bill's enactment.
To qualify, an Iraqi national shall (1) have been ordered removed to Iraq before the date of the bill's enactment, and (2) have resided in the United States on or before January 1, 2016. Aliens under removal deferral under this bill (1) shall be authorized for employment, and (2) may not be detained for immigration status-related reasons or for a motion by the alien to reopen removal proceedings.
An alien shall not receive removal deferral under this bill where (1) the Department of Homeland Security determines that the alien is directly responsible for specific and significant harm to U.S. security, (2) the alien voluntarily returns to Iraq, or (3) the alien is subject to extradition.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4273 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4273
To defer removal of certain nationals of Iraq for a 24-month period,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2021
Mr. Levin of Michigan (for himself, Mr. Moolenaar, Mr. Kildee, Mr.
Huizenga, Mrs. Lawrence, Mrs. McClain, Ms. Stevens, Mr. Walberg, Ms.
Slotkin, Ms. Tlaib, Mrs. Dingell, Mr. Upton, Mr. Meijer, and Mr.
Bergman) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To defer removal of certain nationals of Iraq for a 24-month period,
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 ``Deferred Removal for Iraqi Nationals
Including Minorities Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are over 1,000 Iraqi nationals living in the
United States who have been ordered removed. In recent times,
Iraq has generally declined permission for repatriation of its
nationals, so that many Iraqis who were ordered removed could
not be repatriated. As a result, the removal orders for many
Iraqis are years or decades old, and are not based on current
country conditions.
(2) Conditions in Iraq have worsened dramatically since
these removal orders were entered. Removal orders entered years
or decades ago do not reliably indicate whether an Iraqi is
currently removable based on current country conditions and
current law. Iraq's humanitarian, security, and refugee crisis
has resulted in extraordinary conditions that today prevent
many Iraqi nationals from safely returning to Iraq. Many Iraqis
with removal orders will face persecution, torture, or death if
removed. They are therefore now eligible for immigration relief
that was unavailable when they were originally ordered removed.
(3) The U.S. State Department currently warns against any
travel to Iraq due to ``terrorism, kidnapping, and armed
conflict''.
(4) The most recent State Department report on human rights
practices in Iraq warns of ``unlawful or arbitrary killings by
some members of the Iraq Security Forces (in this Act referred
to as `ISF'), particularly Iran-aligned elements of the Popular
Mobilization Forces (in this Act referred to as `PMF'); forced
disappearances; torture; arbitrary detention; harsh and life-
threatening prison and detention center conditions; arbitrary
or unlawful interference with privacy; restrictions on free
expression, the press, and the internet, including censorship,
site blocking, and criminal libel; legal restrictions on
freedom of movement of women; widespread official corruption;
unlawful recruitment or use of child soldiers by Iran-aligned
elements of the PMF that operate outside government control;
trafficking in persons; criminalization of lesbian, gay,
bisexual, transgender, and intersex (in this Act referred to as
`LGBTI') status or conduct; violence targeting LGBTI persons;
threats of violence against internally displaced persons (in
this Act referred to as `IDPs') and returnee populations
perceived to have been affiliated with ISIS; and restrictions
on worker rights, including restrictions on formation of
independent unions and reports of child labor''.
(5) Iraqis who are removed to Iraq are also at particular
risk if they are perceived as American or affiliated with the
United States, which is the case for the vast majority of
Iraqis facing removal, since most have lived in the United
States for many years. Iraqis who have family or employment
ties in the United States face heightened risks within Iraq on
the basis of their perceived loyalty to the United States. For
more than a decade, groups hostile to the United States have
persecuted and tortured extended family on account of a single
family member's affiliation with the United States through
employment or family ties. In 2007, Congress specifically
created a refugee program for Iraqis affiliated with the United
States because of the dangers facing Iraqis who have allied
themselves with the United States.
(6) Noncitizens previously ordered removed have a right to
seek immigration protection or relief based on current country
conditions.
(7) In the summer of 2017, U.S. Immigration and Customs
Enforcement sought to remove many Iraqi nationals, eventually
detaining over 300. As a result of litigation, most of those
detained Iraqis were able to seek immigration relief based on
current country conditions. Once they were able to access the
immigration court system, a large majority won motions to
reopen their cases so that their eligibility for relief can be
determined based on current country conditions. While many of
the cases remain in process, many of these Iraqis have won
merits relief, including withholding or deferral of removal
under the Immigration and Nationality Act or Convention Against
Torture, asylum, reinstatement of their status as lawful
permanent residents, and naturalization.
(8) There are an estimated 1,000 Iraqis who have not yet
been able to seek immigration relief based on current country
conditions. Due to the complexity of the required legal filings
and the backlogs in the immigration courts it can take several
years for an individual to seek to reopen their immigration
case and have their eligibility for immigration relief decided
on the merits.
(9) Without sufficient time to seek immigration relief
based on current country conditions, Iraqis could be removed to
persecution, torture, or death before they receive an
individualized adjudication of their eligibility for relief in
light of current law and current facts.
(10) Deferring removals 24 months would allow Iraqis who
have not yet done so time to seek immigration relief based on
changed country conditions.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) Iraqis should not be deported if they face likely
persecution, torture, or death;
(2) because of changing country conditions in Iraq and the
age of the Iraqis' removal orders, it would be both unfair and
dangerous to deport Iraqis without ensuring that their cases
will be individually considered based on current country
conditions; and
(3) the removal of Iraq nationals described in section 4
should be deferred for a period of 24 months, at the end of
which Congress should have the opportunity to reevaluate
country conditions in Iraq.
SEC. 4. DEFERRAL OF REMOVAL FOR NATIONALS OF IRAQ WITH REMOVAL ORDERS.
(a) Deferral of Removal.--Except as provided in subsection (b), an
alien may not be removed for the 24-month period beginning on the date
of enactment of this Act if the alien--
(1) is a national of Iraq;
(2) has been ordered removed to Iraq at any time before the
date of enactment of this Act; and
(3) resided in the United States on or before January 1,
2016.
(b) Deferral Not Applicable to Certain Aliens.--Subsection (a)
shall not apply to an alien if--
(1) the Secretary of Homeland Security determines that the
alien's removal is necessary based upon credible facts that the
alien is directly responsible for specific and significant harm
to the security of the United States;
(2) the alien voluntarily returns to Iraq; or
(3) the alien is subject to extradition.
(c) Employment Authorization.--Upon application to the Secretary of
Homeland Security, an alien whose removal is deferred pursuant to this
Act--
(1) shall be authorized to engage in employment during the
24-month period described in subsection (a); and
(2) shall be issued an employment authorization document
that remains valid during such period.
(d) Implementation.--The Secretary of Homeland Security shall take
the necessary steps to implement--
(1) the deferral of removal authorized under this section;
and
(2) the authorization of employment described in subsection
(c).
SEC. 5. NOTICE FOR CERTAIN ALIENS WITH REMOVAL ORDERS TO IRAQ.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Homeland Security shall provide notice of
the provisions of this Act to each alien who--
(1) is a national of Iraq; and
(2) has a final order of removal.
(b) Contents of Notice.--The notice required under subsection (a)
shall include clear instructions explaining the requirements for an
alien to file a motion to reopen a proceeding under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a) based on changed
country conditions.
SEC. 6. PROHIBITION ON DETENTION.
The Secretary of Homeland Security may not detain an alien whose
removal is deferred pursuant to this Act on the basis of the alien's
immigration status in the United States or as a result of the filing,
grant, or denial of a motion filed by the alien to reopen a proceeding.
SEC. 7. JUDICIAL REVIEW.
(a) Review.--Notwithstanding any other provision of law, an
individual or entity who has been harmed by a violation of this Act may
file an action in an appropriate district court of the United States to
seek declaratory or injunctive relief.
(b) Rule of Construction.--Nothing in this Act may be construed to
preclude a lawsuit of any kind, including an action filed pursuant to
subsection (a) from proceeding as a class action (as such term is
defined in section 1711 of title 28, United States Code).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
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