Sec. 303. Central American refugee program
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In addition to any refugees designated for admission under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ), in each of fiscal years 2020, 2021, 2022, 2023, and 2024, not less than 100,000 nationals of El Salvador, Guatemala, and Honduras combined shall be admitted into the United States under this section. Admission under this subsection shall be available to any such national who registers at a Designated Processing Center and is determined to be admissible as a refugee of special humanitarian concern to the United States consistent with this section.
Any individual who registers at a Designated Processing Center and who expresses a fear of persecution or an intention to apply for refugee status may make an application for refugee resettlement under this section. Upon filing of a completed application, the applicant shall be referred to a refugee officer for further processing consistent with this section. An applicant described in paragraph
(1)shall be required to submit biographic and biometric data in accordance with procedures established by the Assistant Director of Regional Processing. The Assistant Director shall provide an alternative procedure for applicants who are unable to provide all required biographic and biometric data due to a physical or mental impairment. The Assistant Director of Regional Processing shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for admission as a refugee under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ). The Assistant Director of Regional Processing shall provide prospective applicants for refugee resettlement with information on applicable requirements and legal standards. All orientation materials, including application forms and instructions, shall be provided in English and Spanish. The Secretary of State, in consultation with the Secretary of Homeland Security, shall enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the processing and preparation of case files for applicants under this section. Not later than 60 days after the date on which an applicant is referred under subsection (b)(1), the applicant shall be interviewed by a refugee officer for a determination of whether the applicant is a refugee of special humanitarian concern, as described in paragraph (5). Not later than 14 days after the date on which an applicant is interviewed under paragraph (1), the refugee officer shall issue a written decision on the application. If the refugee officer approves an application under this section, the applicant shall be processed for resettlement to the United States as a refugee under section 207 of the Immigration and Nationality Act. The security and law enforcement background checks required under subsection (b)(3) shall be completed, to the satisfaction of the Assistant Director of Regional Processing, before the date on which an approved applicant may be admitted to the United States. If the refugee officer denies an application under this section, the officer shall include a reasoned, written explanation for the denial and refer the applicant for a determination of eligibility for other benefits under this title, consistent with section 302(b). A denied applicant may request review of the decision by a supervisory refugee officer not later than 30 days after the date of the denial. The supervisory refugee officer shall issue a final written decision within 30 days of the request for review. For the purposes of this section, refugees of special humanitarian concern to the United States shall include individuals who have suffered, or have a well-founded fear of suffering— domestic, sexual, or other forms of gender-based violence, including persecution based on sexual orientation or gender identity; violence, extortion, or other forms of persecution (including forced recruitment) committed by gangs or other organized criminal organizations; a severe form of trafficking in persons; or other serious human rights abuses. The spouse or child of any applicant who qualifies for admission under section 207(c) of the Immigration and Nationality Act shall be granted the same status as the applicant if accompanying or following to join such applicant, consistent with such section. An individual who is admitted to the United States as a refugee under this section shall enjoy the same rights and privileges and shall be subject to the same grounds for termination of refugee status as provided in sections 207 and 209 of the Immigration and Nationality Act. No fee shall be imposed for the filing, processing, or adjudication of an application under this section. Notwithstanding subsection (b), an applicant for refugee resettlement under this section may be referred to another country for the processing of the applicant’s refugee claim if— another country agrees to immediately process the applicant’s refugee claim in accordance with the terms and procedures of a bilateral agreement under paragraph (2); and the applicant lacks substantial ties to the United States as defined in paragraph
(3)or requests resettlement to a country other than the United States. The Secretary of State, in consultation with the Secretary of Homeland Security, shall enter into bilateral agreements with other countries for the referral, processing, and resettlement of individuals who register with a Designated Processing Center and seek to apply for refugee resettlement under this section. Such agreements shall be limited to countries with the demonstrated capacity to accept and adjudicate applications for refugee status, and other forms of international protection, and resettle refugees consistent with obligations under the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 United Nations Protocol Relating to the Status of Refugees. The Secretary of State, in consultation with the Secretary of Homeland Security, shall enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the referral, processing, and resettlement of individuals covered under this paragraph. An individual has substantial ties to the United States if the individual— has a spouse, parent, son, daughter, sibling, grandparent, aunt, or uncle who resides in the United States; can demonstrate previous residence in the United States for not less than 2 years; or can otherwise demonstrate substantial ties to the United States as defined by the Secretary of Homeland Security. The Secretary of State, in consultation with the Secretary of Homeland Security, shall enter into bilateral or multilateral agreements with other Western Hemisphere countries to establish safe and secure emergency transit centers for individuals who register at a Designated Processing Center, are deemed to face an imminent risk of harm, and require temporary placement in a safe location pending a final decision on an application under this section. Such agreements shall be developed in consultation with the United Nations High Commissioner for Refugees and shall conform to international humanitarian standards. Not later than 60 days after the date of the enactment of this Act, and subject to the availability of amounts provided in advance in appropriation Acts, the Secretary of Homeland Security shall appoint additional refugee officers as may be necessary to carry out this section.
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Sec. 303
Central American refugee program
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