Safeguards Ensuring Criminal and Unvetted Refugees don't Enter America Act or the SECURE America Act
This bill imposes restrictions on the admission of aliens, including refugees, and addresses related issues.
Specifically, no refugees may be admitted until Congress enacts a joint resolution setting the maximum number of refugees allowed to be admitted in a particular fiscal year. Currently, that number is set each fiscal year by the President.
The Department of Homeland Security (DHS) must notify Congress at least 30 days before determining that an alien or class of aliens is eligible for refugee status. Congress may nullify the determination by enacting a joint resolution of disapproval.
Further, an alien shall be inadmissible for holding certain beliefs, such as (1) believing that a system of religious law should be implemented in the United States, (2) believing that the alien does not need to learn English if the alien is not already fluent, or (3) any belief that the Department of State determines is incompatible with the principles of the United States.
DHS may not parole into the United States an alien who does not have status under immigration law. Currently, DHS may provide parole in certain instances, including for urgent humanitarian reasons.
Federal agencies must notify a state at least 30 days before resettling a refugee in that state. The refugee may not be resettled in that state if the state expresses disapproval.
An alien who has committed a crime of violence (generally one involving the use or threat of physical violence against person or property) may not be eligible for refugee status and must be removed.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5572 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5572
To reform the process for admission of refugees, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 12, 2021
Mr. Rosendale (for himself, Mr. Tiffany, Mr. Duncan, Mr. Bishop of
North Carolina, Mr. Steube, Mr. Higgins of Louisiana, Mr. Posey, Mr.
Good of Virginia, Mr. Gooden of Texas, Mr. Brooks, Mr. DesJarlais, Mr.
Weber of Texas, Mr. Perry, Mr. Norman, Mr. Keller, and Mrs. Miller of
Illinois) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform the process for admission of refugees, 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 ``Safeguards Ensuring Criminal and
Unvetted Refugees don't Enter America Act'' or the ``SECURE America
Act''.
SEC. 2. CONGRESSIONAL AUTHORITY TO SET REFUGEE CAP.
Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)
is amended--
(1) in subsection (a)--
(A) by amending paragraphs (1) and (2) to read as
follows:
``(1) Before the beginning of a fiscal year and after
appropriate consultation (as defined in subsection (e) of this
section), the President shall submit to Congress a
recommendation on the number of refugees who may be admitted
under this section in any fiscal year.
``(2) Except as provided in subsection (b), no refugees may
be admitted under this section in a fiscal year until such time
as a joint resolution is enacted which sets the number of
refugees who may be admitted under this section in that fiscal
year.''; and
(B) in paragraph (4)--
(i) by striking ``determination'' and
inserting ``recommendation'';
(ii) by striking ``(beginning with fiscal
year 1992)'' and inserting ``(beginning with
fiscal year 2022)''; and
(iii) by striking ``determined'' and
inserting ``recommended'';
(2) in subsection (b)--
(A) by striking ``fix'' and inserting ``submit to
Congress a recommendation for'';
(B) by striking ``situation and such'' and
inserting ``situation. Any such'';
(C) by striking ``determination made by the
President'' and insert ``recommendation made by the
President''; and
(D) by adding at the end the following: ``No
refugees may be admitted under this subsection until
such time as a joint resolution is enacted which sets
the number of refugees who may be admitted under this
subsection.'';
(3) in subsection (c)(1), by striking ``Subject to the
numerical limitations established pursuant to subsections (a)
and (b)'' and inserting ``Subject to the enactment of a joint
resolution under subsection (a) or (b), and the numerical
limitations established pursuant to such a resolution,''; and
(4) in subsection (d)(3), by striking ``determination''
each place it appears and inserting ``recommendation''.
SEC. 3. CONGRESSIONAL REVIEW.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after section 207 the following:
``SEC. 207A. CONGRESSIONAL REVIEW OF ADMISSION OF CERTAIN REFUGEES.
``(a) Rule Providing Notice.--Not later than 30 days before an
alien or a class of aliens is determined to be eligible for refugee
status, the Secretary of Homeland Security shall submit to Congress a
notice of the determination of eligibility and the facts supporting
such a determination.
``(b) Congressional Review.--A notice submitted pursuant to
subsection (a) shall be treated in the same manner as a rule under
chapter 8 of title 5, United States Code (commonly known as the
`Congressional Review Act') and shall be subject to the same procedure
for disapproval of a rule under such chapter.''.
SEC. 4. VETTING OF REFUGEES PRIOR TO ADMISSION.
(a) In General.--Section 207 of the Immigration and Nationality
Act, as amended by section 3, is further amended by adding at the end
the following:
``(g)(1) In addition to the screening conducted by the Secretary of
Homeland Security, the Director of the Federal Bureau of Investigation
shall take all actions necessary to ensure that each alien receives a
thorough background investigation, including an assimilation likelihood
screening under section 212(a)(3)(H), prior to admission as a refugee.
An alien may not be admitted as a refugee until the Director of the
Federal Bureau of Investigation certifies to the Secretary of Homeland
Security, Secretary of State, and the Director of National Intelligence
that each covered alien has received a background investigation that is
sufficient to determine whether the covered alien is a threat to the
security of the United States.
``(2) An alien may only be admitted to the United States after the
Secretary of Homeland Security, with the unanimous concurrence of the
Director of the Federal Bureau of Investigation and the Director of
National Intelligence, certifies to Congress that the covered alien is
not a threat to the security of the United States.
``(3) The Inspector General of the Department of Homeland Security
shall conduct a risk-based review of all certifications made under
paragraph (1) each year and shall provide an annual report detailing
the findings to Congress.
``(4) The Secretary of Homeland Security shall submit to Congress a
monthly report on the total number of applications for admission with
regard to which a certification under paragraph (1) was made and the
number of aliens with regard to whom such a certification was not made
for the month preceding the date of the report. The report shall
include, for each alien with regard to whom a certification was not
made, the concurrence or nonconcurrence of each person whose
concurrence was required under paragraph (1). The report shall also
include the country of origin of each alien and the grounds for which
each alien is seeking refuge in the United States.''.
SEC. 5. ASSIMILATION LIKELIHOOD SCREENING.
(a) In General.--Section 212(a)(3) of the Immigration and
Nationality Act is amended--
(1) by amending subparagraph (C) to read as follows:
``(C) Foreign policy.--An alien whose entry or
proposed activities in the United States the Secretary
of State has reasonable ground to believe would have
potentially serious adverse foreign policy consequences
for the United States is inadmissible.''; and
(2) by adding at the end the following:
``(H) Assimilation likelihood screening.--
``(i) In general.--Any alien who has
expressed or, based on a screening, has been
determined to hold any views incompatible with
the principles of the United States, as
described in clause (ii) is inadmissible.
``(ii) Views incompatible with the
principles of united states described.--The
following are view incompatible with the
principles of the United States:
``(I) The belief that a system of
religious law should be implemented in
the United States.
``(II) The belief that a system of
religious law should operate in
parallel to or supersede the laws of
the United States, a State, territory,
or municipality thereof.
``(III) The belief that violence
based on religious teachings is
justified under any circumstances.
``(IV) The belief that individuals
should not be entitled to any right
guaranteed to them in the Constitution
of the United States, or any amendment
thereto.
``(V) The belief that the
Constitution of the United States, and
all amendments thereto are not the
supreme law of the land.
``(VI) The belief that
authoritarian forms of government are
superior to representative democracy.
``(VII) The belief that the alien
does not need to learn how to speak and
understand the English language, if the
alien is not already fluent in English.
``(VIII) Any other belief that the
Secretary of State, in coordination
with the Secretary of Homeland
Security, determines to be incompatible
with the principles of the United
States.''.
(b) Removal of Aliens Inadmissible on Security and Related
Grounds.--Section 235(c) of the Immigration and Nationality Act (8
U.S.C. 1225(c)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``or (C)'' and inserting ``(C), or (H)''; and
(2) in paragraph (2)(B)(i), by striking ``or (C)'' and
inserting ``(C), or (H)''.
SEC. 6. RESCIND AUTHORITY OF THE SECRETARY OF HOMELAND SECURITY TO
PAROLE ALIENS INTO THE UNITED STATES.
Section 212(d) of the Immigration and Nationality Act (8 U.S.C.
1182(d)) is amended by striking paragraph (5) and inserting the
following:
``(5) Notwithstanding any other provision of law, the
Secretary of Homeland Security may not parole into the United
States any alien who has not been granted status under the
immigration laws of the United States.''.
SEC. 7. PROVIDES STATES AUTHORITY TO REJECT TO REFUGEES.
Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522)
is amended by adding at the end the following:
``(g) Limitation on Resettlement.--
``(1) Notice.--Not later than 30 days before the date on
which a refugee is to resettled in a State, the Director or
Federal agency administering subsection (b)(1) shall submit to
the chief executive of the State in which resettlement is to
take place a notice of the intention to resettle aliens in such
State.
``(2) Disapproval.--Notwithstanding any other provision of
this section, the Director or the Federal agency administering
subsection (b)(1) may not resettle any refugee or coordinate
placement of any refugee in a State if the chief executive of
the State communicates to the Director that the State does not
accede to the resettlement or placement of refugees in that
State.''.
SEC. REMOVAL OF REFUGEES WHO COMMIT CRIMES OF VIOLENCE.
Section 207 of the Immigration and Nationality Act, as amended by
sections 3 and 4, is further amended by adding at the end the
following:
``(h)(1) An alien who commits a crime of violence (as such term is
defined in section 16(a) of title 18, United States Code) shall be
ineligible for admission as a refugee and shall be ordered removed.
``(2) In the case of a refugee whose status is adjusted to that of
an alien lawfully admitted for permanent residence and who commits a
crime of violence (as such term is defined in section 16(a) of title
18, United States Code), such status shall be rescinded.''.
<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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