Sec. 1021. In-country refugee processing
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Congress makes the following findings: Consistent with section 101(a)(42)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(B)) and section 207(e) of such Act ( 8 U.S.C. 1157(e) ), special circumstances currently exist due to grave humanitarian concerns throughout the travel, and attempts to travel, to the United States by unaccompanied children sufficient to justify and require, for fiscal years 2014 and 2015, the allowance of processing of in-country refugee applications in El Salvador, Guatemala, and Honduras in order to prevent such children from undertaking the long and dangerous journey across Central America and Mexico.
Grave humanitarian concerns exist due to— at least 60,000 unaccompanied children having undertaken the long and dangerous journey to the United States from Central America in fiscal year 2014 alone; substantial reports of unaccompanied children becoming, during the course of their journey intended for the United States, victims of— significant injury, including loss of limbs; severe forms of violence; death due to accident and intentional killing; severe forms of human trafficking; kidnap for ransom; and sexual assault and rape; and the likelihood that the vast majority of the unaccompanied children seeking admission or immigration relief, including through application as a refugee or claims of asylum, do not qualify for such admission or relief, and therefore will be repatriated.
While special circumstances currently exist to justify in-country refugee application processing for El Salvador, Guatemala, and Honduras, it is appropriate to determine the admissibility of individuals applying for refugee status from those countries according to current law and granting administrative relief in instances in which refugee or asylum applications are denied, or are expected to be denied, would exacerbate the grave humanitarian concerns described in paragraph
(2)by further encouraging attempts at migration. Notwithstanding section 101(a)(42)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(B)), for fiscal years 2014 and 2015, the Secretary of State, in consultation with the Secretary of Homeland Security and the Director of the Office of Refugee Resettlement of the Department of Health and Human Services, shall process an application for refugee status— for an alien who is a national of El Salvador, Guatemala, or Honduras and is located in such country; or in the case of an alien having no nationality, for an alien who is habitually residing in such country and is located in such country. Nothing in this section may be construed as a grant of immigration benefit or relief, nor as a change to existing law regarding the eligibility for any individual for such benefit or relief, other than to the extent refugee applications shall be permitted in-country in accordance with this section.
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