Uyghur Human Rights Protection Act
This bill designates certain residents of the Xinjiang region in China as prioritized refugees of special humanitarian concern and addresses other related issues.
This priority designation shall apply to Uyghurs and members of other predominately Turkic or Muslim ethnic groups (and the spouses, children, and parents of such individuals) who (1) reside in or fled Xinjiang and who suffered persecution on account of their religious or ethnic identity, or have a well-founded fear of such persecution; or (2) have been formally charged, detained, or convicted for certain peaceful actions related to Xinjiang. Such an individual may not be denied admission into the United States based primarily on an arrest or other adverse government action due to that individual's participation in religious, cultural, or protest activities.
The bill also waives certain immigration-related requirements for such individuals.
Furthermore, a Chinese national seeking refugee status shall be considered to have been persecuted on account of political opinion if the Chinese government revoked that individual's residency in any region of China because the individual submitted a nonfrivolous application for a U.S. immigration benefit.
Similarly, if the Chinese government revoked a Chinese national's citizenship, nationality, or residency because that individual filed for a U.S. immigration benefit, that revocation shall constitute a changed circumstance. (Among other things, a changed circumstance may allow an individual who has been rejected for asylum to apply again.)
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1080 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1080
To designate residents of the Xinjiang Uyghur Autonomous Region as
Priority 2 refugees of special humanitarian concern, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 13, 2021
Mr. Coons (for himself and Mr. Rubio) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To designate residents of the Xinjiang Uyghur Autonomous Region as
Priority 2 refugees of special humanitarian concern, 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 ``Uyghur Human Rights Protection
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Government of the People's Republic of China
(referred to in this section as the ``PRC'') has a long history
of repressing Turkic Muslims and other predominantly Muslim
ethnic groups, particularly Uyghurs, living in the Xinjiang
Uyghur Autonomous Region (referred to in this section as
``Xinjiang''). Central and regional Chinese government policies
have systematically discriminated against and oppressed these
groups by denying them a range of civil and political rights,
particularly freedom of religion.
(2) In May 2014, the PRC Government launched its ``Strike
Hard Against Violent Terrorism'' campaign, using wide-scale,
internationally linked threats of terrorism as a pretext to
justify pervasive restrictions on, and serious human rights
violations against, members of predominantly Muslim communities
in Xinjiang. The August 2016 promotion of former Tibet
Autonomous Region Party Secretary Chen Quanguo, whose record of
brutality distinguished his tenure in Tibet, to be a Politburo
member and Party Secretary of Xinjiang accelerated the
crackdown across the region.
(3) Scholars, human rights organizations, journalists, and
think tanks have provided ample evidence substantiating the
establishment by the PRC Government of internment camps. Since
2017, the PRC Government has detained more than 1,000,000
Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other
predominantly Muslim groups in these camps.
(4) The PRC Government's actions against Uyghurs, ethnic
Kazakhs, Kyrgyz, and members of other predominantly Muslim
groups in Xinjiang violate international human rights laws and
norms, including--
(A) the International Convention on the Elimination
of All Forms of Racial Discrimination, done at New York
December 21, 1965, to which the PRC has acceded;
(B) the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, done at
New York December 10, 1984, which the PRC has signed
and ratified;
(C) the Convention on the Prevention and Punishment
of the Crime of Genocide, done at Paris December 9,
1948, which the PRC has signed and ratified;
(D) the International Covenant on Civil and
Political Rights, done at New York December 19, 1966,
which the PRC has signed; and
(E) the Universal Declaration of Human Rights,
adopted December 10, 1948, and the International Labor
Organization's Forced Labor Convention (No. 29) and
Convention Concerning the Abolition of Forced Labor
(No. 105).
(5) Senior Chinese Communist Party officials bear direct
responsibility for gross human rights violations committed
against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other
predominantly Muslim groups, including--
(A) the arbitrary detention of more than 1,000,000
Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other
predominantly Muslim groups;
(B) the separation of working age adults from their
children and elderly parents; and
(C) the integration of forced labor into supply
chains.
(6) People held arbitrarily in detention facilities and
internment camps in Xinjiang--
(A) have described forced political indoctrination,
torture, beatings, food deprivation, sexual assault,
coordinated campaigns to reduce birth rates among
Uyghurs and other Turkic Muslims through forced
sterilizations and forced abortions, and denial of
religious, cultural, and linguistic freedoms; and
(B) have confirmed that they were told by guards
that the only way to secure their release was to
demonstrate adequate political loyalty.
(7) Poor conditions and lack of medical treatment at such
detention facilities and internment camps appear to have
contributed to the deaths of some detainees, including the
elderly and infirm. Recent media reports indicate that since
2019 the PRC Government has newly constructed, expanded, or
fortified at least 60 detention facilities with higher security
or prison-like features.
(8) In September 2018, United Nations High Commissioner for
Human Rights Michelle Bachelet noted the ``deeply disturbing
allegations of large-scale arbitrary detentions of Uighurs and
other predominantly Muslim communities, in so-called
reeducation camps across Xinjiang''.
(9) In 2019, the Congressional-Executive Commission on
China concluded, based on available evidence, that the
establishment and actions committed in the internment camps in
Xinjiang may constitute ``crimes against humanity''.
(10) Uyghurs and ethnic Kazaks resettled or residing in
third countries report being subjected to threats and
harassment from PRC officials.
(11) There is a backlog of approximately 3,600,000 visa
applicants waiting to enter the United States. Wait times for
certain visas range between 5 and 18 years.
SEC. 3. DESIGNATION OF CERTAIN RESIDENTS OF THE XINJIANG UYGHUR
AUTONOMOUS REGION.
(a) In General.--Persons of special humanitarian concern eligible
for Priority 2 processing under the refugee resettlement priority
system shall include--
(1) Uyghurs and members of other predominately Turkic or
Muslim ethnic groups, including Kazakhs and Kyrgyz, who are
residents of, or fled from, the Xinjiang Uyghur Autonomous
Region and who suffered persecution or have a well-founded fear
of persecution on account of their imputed or actual religious
or ethnic identity;
(2) Uyghurs and members of other predominately Turkic or
Muslim ethnic groups, including Kazakhs and Kyrgyz, who have
been formally charged, detained, or convicted by the Government
of the People's Republic of China on account of their peaceful
actions in the Xinjiang Uyghur Autonomous Region, as described
in the Uyghur Human Rights Policy Act of 2020 (Public Law 116-
145); and
(3) the spouses, children, and parents (as such terms are
defined in subsections (a) and (b) of section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)) of individuals
described in paragraph (1) or (2), except such parents who are
citizens of a country other than the People's Republic of
China.
(b) Processing of Xinjiang Uyghur Autonomous Region Refugees.--The
processing of individuals described in subsection (a) for
classification as refugees may occur in China or in another foreign
country.
(c) Eligibility for Admission as Refugees.--An alien may not be
denied the opportunity to apply for admission as a refugee under this
section primarily because such alien--
(1) qualifies as an immediate relative of a citizen of the
United States; or
(2) is eligible for admission to the United States under
any other immigrant classification.
(d) Facilitation of Admissions.--Certain applicants for admission
to the United States from the Xinjiang Uyghur Autonomous Region may not
be denied primarily on the basis of a politically motivated arrest,
detention, or other adverse government action taken against such
applicant as a result of the participation by such applicant in
religious, cultural, or protest activities.
(e) Bilateral Diplomacy.--The Secretary of State shall prioritize
bilateral diplomacy with foreign countries hosting former residents of
the Xinjiang Uyghur Autonomous Region who face significant diplomatic
pressure from the Government of the People's Republic of China.
(f) Exclusion From Numerical Limitations.--Aliens eligible for
Priority 2 processing under this section who are provided refugee
status shall not be counted against any numerical limitation under
section 201, 202, 203, or 207 of the Immigration and Nationality Act (8
U.S.C. 1151, 1152, 1153, and 1157).
(g) Reporting Requirements.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of State and the Secretary of Homeland Security shall
jointly submit a report containing the matters described in
paragraph (2) to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House
of Representatives.
(2) Matters to be included.--Each report required under
paragraph (1) shall include--
(A) the total number of applications from
individuals described in subsection (a) that are
pending at the end of the reporting period;
(B) the average wait-times and the number of such
applicants who, at the end of the reporting period, are
waiting for--
(i) a prescreening interview with a
resettlement support center;
(ii) an interview with U.S. Citizenship and
Immigration Services;
(iii) the completion of security checks; or
(iv) receipt of a final decision after
completion of an interview with U.S.
Citizenship and Immigration Services; and
(C) the number of individuals who applied for
refugee status under this section whose application was
denied, disaggregated by the reason for each such
denial.
(3) Form.--Each report required under 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.
(h) Satisfaction of Other Requirements.--Aliens eligible under this
section for Priority 2 processing under the refugee resettlement
priority system shall be considered to satisfy the requirements under
section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) for
admission to the United States.
SEC. 4. WAIVER OF IMMIGRANT STATUS PRESUMPTION.
(a) In General.--The presumption under the first sentence of
section 214(b) of the Immigration and Nationality Act (8 U.S.C.
1184(b)) that every alien is an immigrant until the alien establishes
that the alien is entitled to nonimmigrant status shall not apply to an
alien described in subsection (b).
(b) Alien Described.--
(1) In general.--Subject to paragraph (2), an alien
described in this subsection is an alien who--
(A)(i) is an Uyghur or a member of another
predominately Turkic or Muslim ethnic group, including
Kazakhs and Kyrgyz, and was a resident of the Xinjiang
Uyghur Autonomous Region on January 1, 2021; or
(ii) fled the Xinjiang Uyghur Autonomous Region
after June 30, 2009, and resides in a different
province of China or in another foreign country;
(B) is seeking entry to the United States to apply
for asylum under section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158); and
(C) is facing repression in the Xinjiang Uyghur
Autonomous Region by the Government of the People's
Republic of China including--
(i) forced and arbitrary detention
including in internment and reeducation camps;
(ii) forced political indoctrination,
torture, beatings, food deprivation, and denial
of religious, cultural, and linguistic
freedoms;
(iii) forced labor;
(iv) forced separation from family members;
or
(v) other forms of systemic threats,
harassment, and gross human rights violations.
(2) Exclusion.--An alien described in this subsection does
not include any alien who--
(A) is a citizen or permanent resident of a country
other than the People's Republic of China; or
(B) is determined to have committed a gross
violation of human rights.
(c) Intention To Abandon Foreign Residence.--The filing by an alien
described in subsection (b) of an application for a preference status
under section 204 of the Immigration and Nationality Act (8 U.S.C.
1154) or otherwise seeking permanent residence in the United States
shall not be deemed as evidence of the alien's intention to abandon a
foreign residence for purposes of obtaining a visa as a nonimmigrant
described in subparagraph (H)(i)(b), (H)(i)(c), (L), or (V) of section
101(a)(15) of such Act (8 U.S.C. 1101(a)(15)) or otherwise obtaining or
maintaining the status of a nonimmigrant described in any such
subparagraph if the alien had obtained a change of status under section
208 of such Act to a classification as such a nonimmigrant before the
alien's most recent departure from the United States.
SEC. 5. REFUGEE AND ASYLUM DETERMINATIONS UNDER THE IMMIGRATION AND
NATIONALITY ACT.
(a) Persecution on Account of Political, Religious, or Cultural
Expression or Association.--
(1) In general.--An alien who is within a category of
aliens established under this Act may establish, for purposes
of admission as a refugee under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157), that the 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 asserting a
credible basis for concern about the possibility of such
persecution.
(2) Nationals of the people's republic of china.--For
purposes of refugee determinations under this Act in accordance
with section 207 of the Immigration and Nationality Act (8
U.S.C. 1157), a national of the People's Republic of China
whose residency in the Xinjiang Uyghur Autonomous Region, or
any other area within the jurisdiction of the People's Republic
of China, as determined by the Secretary of State, is 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 shall be
considered to have suffered persecution on account of political
opinion.
(b) Changed Circumstances.--For purposes of asylum determinations
under this Act in accordance with section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158), the revocation of the citizenship,
nationality, or residency of an individual 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 shall be considered to be changed circumstances under subsection
(a)(2)(D) of such section.
SEC. 6. 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 under this Act for Uyghurs and members of other
predominately Turkic or Muslim ethnic groups, including Kazakhs and
Kyrgyz, who were previously residents of the Xinjiang Uyghur Autonomous
Region and are fleeing oppression by the Government of the People's
Republic of China.
SEC. 7. SUNSET CLAUSE.
This Act shall cease to have effect on the date that is 10 years
after the date of the enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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