Stateless Protection Act of 2022
This bill provides protections for stateless persons (a person who is not considered a national of any state by that state's law). For example, the bill establishes stateless protected status, which shall provide protections against deportation and other benefits to certain stateless persons present in the United States who meet certain criteria.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9671 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9671
To protect stateless persons in the United States, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 22, 2022
Mr. Raskin 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 protect stateless persons in the United States, 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 ``Stateless Protection Act of 2022''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to resolve the status of stateless persons in the
United States and to promote their access to fundamental human
rights and human dignity; and
(2) to prevent statelessness from occurring under United
States law or on United States territory.
SEC. 3. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The international community has recognized the
significance of the right to a nationality in the International
Covenant on Civil and Political Rights, done at New York
December 16, 1966, to which the United States is a signatory,
as well as the Universal Declaration of Human Rights and
numerous international treaties, including the Convention
Relating to the Status of Stateless Persons, done at New York
September 28, 1954, and the Convention on the Reduction of
Statelessness, done at New York August 30, 1961.
(2) Statelessness is an abhorrent violation of fundamental
human rights and human dignity, and a life of statelessness has
been recognized by the Supreme Court of the United States as a
form of punishment more primitive than torture.
(3) Government action and inaction causes statelessness;
therefore, governments have the power to resolve and prevent
statelessness.
(4) The United Nations High Commissioner for Refugees--
(A) is the United Nations agency responsible for
preventing and reducing statelessness; and
(B) estimates that there are more than 4,200,000
stateless persons worldwide.
(5) A 2020 study found that there are approximately 218,000
individuals living in the United States who are stateless or at
risk of statelessness.
(6) Stateless individuals live in all 50 States, and many
such individuals have lived in the United States for years or
decades without relief.
(7) Despite the presence of stateless persons in the United
States, there is no law relating to the identification of
stateless persons in the United States or to provide them with
a path to legal status.
(8) Stateless persons generally--
(A) live without the means to work legally or to
travel; and
(B) face barriers in opening bank accounts,
pursuing higher education, and obtaining health care.
(9) If detained for removal from the United States, a
stateless person is often subjected to prolonged detention and
cannot be removed because no country recognizes the person as
its citizen.
(b) Sense of Congress.--It is the sense of Congress that to resolve
statelessness and its related human suffering, lost potential, and
societal impacts, the United States should--
(1) provide a legal status to protect stateless persons;
and
(2) urge the international community to take strong action
to prevent statelessness globally.
SEC. 4. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.
(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:
``SEC. 245B. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.
``(a) Definitions.--In this section:
``(1) Competent authority.--With respect to a foreign
country, the term `competent authority'--
``(A) means the authority responsible for--
``(i) conferring nationality on, or
withdrawing nationality from, individuals; or
``(ii) in the case of nationality having
been acquired or withdrawn automatically,
clarifying the nationality status of an
individual; and
``(B) includes a Federal, local, or regional
government entity, a consular official, and a
government official at any level, notwithstanding any
process by which a decision by such an entity or
official may later be overridden.
``(2) National; nationality.--The terms `national' and
`nationality'--
``(A) refer to a formal link, of a political and
legal character, between an individual and a country;
and
``(B) do not include the concept of nationality
relating to membership in a religious, linguistic, or
ethnic group.
``(3) Noncitizen.--The term `noncitizen' has the meaning
given the term `alien' in section 101(a).
``(4) Operation of law; operation of its law.--The terms
`operation of law' and `operation of its law'--
``(A) refer to the consideration by a competent
authority of a country with respect to an individual in
practice, including under the legislation, ministerial
decrees, regulations, orders, judicial case law, and
customary practices of the competent authority; and
``(B) include situations in which the position of
the competent authority differs from the law as
written, if the position of the competent authority
that an individual is not a national of the country is
determinative.
``(5) Relevant association.--The term `relevant
association' means a natural person's connection to a country
through--
``(A) birth on the territory of the country;
``(B) descent from 1 or more individuals who are
nationals of the country;
``(C) marriage to an individual who is a national
of the country;
``(D) adoption by an individual who is a national
of the country; or
``(E) habitual residence in the country.
``(6) Stateless person.--The term `stateless person' means
an individual who is not considered as a national by any state
under the operation of its law.
``(b) Mechanisms for Regularizing the Status of Stateless
Persons.--
``(1) Stateless protected status.--
``(A) Principal applicants.--Notwithstanding any
other provision of law, the Secretary of Homeland
Security shall provide stateless protected status to a
noncitizen who--
``(i) is a stateless person present in the
United States;
``(ii) applies for such relief;
``(iii) has not formally renounced his or
her nationality as a result of voluntary,
affirmative, and intentional action after
arrival in the United States and after the date
of the enactment of this section, unless the
renunciation was the result of duress,
coercion, or a reasonable expectation that the
noncitizen had acquired or would acquire
another nationality or citizenship; and
``(iv) is not inadmissible under 212(a)(3),
except as provided in paragraph (2) of this
subsection; and
``(v) is not described in section
241(b)(3)(B)(i).
``(B) Treatment of spouse and children.--
Notwithstanding any other provision of law, the
Secretary of Homeland Security shall provide stateless
protected status to a noncitizen who--
``(i) is the spouse or child of a
noncitizen described in subparagraph (A), if
such spouse or child is not otherwise eligible
for admission under that subparagraph;
``(ii) is accompanying, or following to
join, such noncitizen;
``(iii) established the qualifying
relationship to such noncitizen before the date
on which such noncitizen applied for stateless
protected status;
``(iv) is not inadmissible under 212(a)(3),
except as provided in paragraph (2) of this
subsection; and
``(v) is not described in section
241(b)(3)(B)(i).
``(C) Stateless protected status.--Noncitizens with
stateless protected status--
``(i) shall--
``(I) receive relevant protections
against deportation, removal, and
detention, as described in paragraph
(3);
``(II) be authorized for
employment, as described in paragraph
(4); and
``(III) be eligible to apply for a
travel document, as described in
paragraph (5); and
``(ii) shall not face limitations from
immigration enforcement officials on their
domestic travel.
``(D) Concurrent grant of lawful permanent
residence.--
``(i) In general.--Except as provided in
clause (ii), notwithstanding any other
provision of law, immediately on granting
stateless protected status to a noncitizen, the
Secretary of Homeland Security shall adjust the
status of the noncitizen to that of a
noncitizen lawfully admitted for permanent
residence.
``(ii) Exception.--The Secretary of
Homeland Security may not adjust the status of
a noncitizen with stateless protected status
who is inadmissible under section 212(a)(2).
``(2) Waivers.--
``(A) In general.--Notwithstanding any other
provision of law, the Secretary of Homeland Security
may, for humanitarian purposes, in the interests of
access to fundamental or enabling rights, to ensure
family unity, or when it is otherwise in the public
interest, waive the operation of the grounds of
inadmissibility set forth in paragraphs (2) and (3) of
section 212(a), for relief under this section.
``(B) Factors.--In making a determination under
subparagraph (A), the Secretary of Homeland Security
shall consider all relevant factors, including--
``(i) mitigating and aggravating factors of
the basis for inadmissibility;
``(ii) the duration of the noncitizen's
residence in the United States; and
``(iii) the degree to which the
noncitizen's removal, or denial of the
noncitizen's application, would adversely
affect the noncitizen or the noncitizen's
United States citizen or lawful permanent
resident family members.
``(3) Release from post-removal detention.--A grant of
stateless protected status under this section shall--
``(A) trigger immediate release of an individual
from post-removal detention;
``(B) be considered to establish that there is no
significant likelihood of the individual's removal in
the reasonably foreseeable future; and
``(C) establish a presumption that travel documents
are not available for the individual.
``(4) Employment authorization.--
``(A) In general.--An individual granted stateless
protected status under this section shall receive
employment authorization for a renewable period not
less than 5 years.
``(B) Pending application.--
``(i) In general.--During the 150-day
period after the date on which an application
for status under this section is submitted, the
Secretary of Homeland Security may authorize
the applicant to engage in employment in the
United States.
``(ii) Mandatory employment
authorization.--If the Secretary of Homeland
Security has not issued a decision within the
150-day period beginning on the date on which
an application for status under this section is
submitted, the Secretary of Homeland Security
shall authorize the applicant to engage in
employment in the United States until the date
on which a decision is issued on the
application for lawful permanent residence or
stateless protected status.
``(5) Travel documents.--
``(A) In general.--On request, the Secretary of
Homeland Security shall provide to any noncitizen
granted relief under this section, a travel document
that facilitates the noncitizen's ability to travel
abroad and to be admitted to the United States upon
return.
``(B) Validity.--The minimum period of validity for
a document issued under subparagraph (A) shall be 10
years.
``(6) Naturalization.--Notwithstanding any other provision
of law, an individual granted lawful permanent residence status
under paragraph (1)(D) may apply for naturalization after
having resided continuously in the United States for at least 3
years beginning on the date on which such individual is granted
lawful permanent resident status.
``(c) Evidentiary Matters.--
``(1) In general.--In determining if an individual is a
stateless person under this section, the Secretary of Homeland
Security shall consider and obtain any credible evidence
relevant to the application, including information from--
``(A) the Department of State, particularly the
Bureau of Population, Refugees, and Migration and the
Bureau of Democracy, Human Rights, and Labor; and
``(B) relevant international and foreign bodies,
such as the United Nations High Commissioner for
Refugees, nongovernmental organizations, and the
competent authorities of other countries.
``(2) Designation of specific groups of stateless
persons.--The Secretary of Homeland Security, in consultation
with the Secretary of State, may designate 1 or more specific
groups of individuals who shall be considered stateless persons
for purposes of this section, and a noncitizen who belongs to a
group so designated shall be considered a stateless person.
``(3) Burden of proof.--The burden of proof with respect to
evidentiary matters relating to an application under this
section shall be shared between the Secretary of Homeland
Security and the applicant.
``(4) Standard of proof.--
``(A) In general.--A noncitizen shall be considered
to be a stateless person if it is established to a
reasonable degree that the noncitizen meets the
definition of the term `stateless person' under this
section.
``(B) Assessment of nationality.--The nationality
of an individual shall be assessed as of the date on
which a determination of eligibility under this section
is made.
``(5) Submission of documentary evidence.--
``(A) Supporting documents from applicant.--An
applicant for relief under this section shall submit,
as part of the application for such relief--
``(i) a full and truthful account, to the
best of the noncitizen's knowledge, of such
noncitizen's legal status with regard to any
country in which the applicant was born or
resided before entering the United States or to
which the applicant has a relevant association;
and
``(ii) all evidence reasonably available,
including any valid or expired travel document.
``(B) Evidence available to secretary of homeland
security.--The Secretary of Homeland Security shall
obtain and submit to the immigration officer or
immigration judge and the applicant or, as applicable,
the applicant's counsel, all available evidence
regarding the legal status of the applicant in the
applicant's country of birth or prior residence or any
country to which the applicant has a relevant
association, including information on the relevant laws
and practices of the countries concerned.
``(C) Consideration of response.--The Secretary of
Homeland Security may consider as substantial evidence
that an individual is not considered by a country to be
a national of the country the following:
``(i) After 120 days have elapsed after the
Secretary of Homeland Security has requested
information from the country with respect to
the nationality status of the individual, the
lack of response from the competent authority
of the country.
``(ii) A pro forma response from the
country that lacks an application of the law or
facts to the particular individual.
``(iii) The refusal of the country to
accept the individual for deportation or
removal.
``(d) Fees.--The Secretary of Homeland Security may not charge a
noncitizen any fee in connection with an application for, or issuance
of, lawful status under this section, employment authorization, or
travel documents.
``(e) Jurisdiction and Review.--
``(1) In general.--The Director of U.S. Citizenship and
Immigration Services shall have jurisdiction over an
application for stateless protected status and adjustment of
status filed by a noncitizen under this section.
``(2) Review.--A denial by the Secretary of Homeland
Security of an application for relief under this section shall
be subject to review by the Administrative Appeals Office of
U.S. Citizenship and Immigration Services.
``(f) Effect on Removal Proceedings.--With respect to a noncitizen
in removal proceedings who files an application for relief under this
section, the Attorney General shall postpone the removal proceedings
pending the adjudication of the application.
``(g) Applicants With Final Orders of Removal.--
``(1) Motions to reopen.--
``(A) In general.--A noncitizen whose removal,
deportation, or exclusion proceedings were concluded
before the date of the enactment of this section, and
who is eligible for relief under this section, may file
1 motion to reopen proceedings to apply for such relief
not later than 1 year after the date of the enactment
of this section.
``(B) Effect of limitations.--A time or numerical
limitation on motions to reopen removal, deportation,
or exclusion proceedings may not be construed to
restrict the filing of a motion to reopen under this
paragraph if such limitation is based on previously
unavailable evidence or facts, or on changed facts or
circumstances, including a discovery by a noncitizen
that the noncitizen may be a stateless person.
``(2) Stay of removal.--
``(A) In general.--An applicant for relief under
this section who has been issued a final order of
removal, deportation, or exclusion may request a stay
of removal, deportation, or exclusion.
``(B) Consideration of request.--With respect to an
individual who requests a stay under subparagraph (A),
if the Secretary of Homeland Security determines that
the application for relief is bona fide, the Secretary
shall automatically stay the execution of the final
order of deportation, exclusion, or removal, and the
stay will remain in effect until a final decision is
made on the applications.
``(C) Effect of denial.--If the application is
denied, the stay of the final order is deemed lifted as
of the date of such denial, without regard to whether
the noncitizen appeals the decision.
``(3) Termination.--On the grant of an application for
relief under this section to a noncitizen with a final order of
removal, deportation, or exclusion, the final order shall be
deemed canceled by operation of law as of the date of the
approval.
``(h) Exclusion From Numerical Limitations.--Individuals provided
status under this section shall not be counted against any numerical
limitation under section 201(d), 202(a), or 203(b)(4).
``(i) Rule of Construction.--Nothing in this section may be
construed to authorize or require the admission of any noncitizen to
the United States.
``(j) Reports.--
``(1) In general.--Not later than 120 days after the date
of the enactment of this section, and every 90 days thereafter,
the Secretary of Homeland Security shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report on--
``(A) the number of applications submitted under
each of paragraphs (1), (4), and (5) of subsection (b)
since the date of the enactment of this section,
disaggregated by the country of birth of the
applicants; and
``(B) average timelines for processing each such
application.
``(2) Public availability.--The Secretary of Homeland
Security shall publish each report submitted under paragraph
(1) on the internet website of the Department of Homeland
Security, respectively.
``(k) Publication of Guidance.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Homeland Security
shall publish all policy manuals, guidance, and application
instructions relating to applications under this section on the
internet website of the Department of Homeland Security.
``(l) Regulations.--The Secretary of Homeland Security may issue
such regulations as the Secretary of Homeland Security considers
appropriate to carry out this section.''.
(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)).''.
SEC. 5. PREVENTION OF STATELESSNESS.
(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.
<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.
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