Sec. 8. Immigration reform
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Section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) is amended by inserting after the period at the end the following: For purposes of determinations under this Act, a person who has been persecuted on the basis of sexual orientation or gender identity, shall be deemed to have been persecuted on account of membership in a particular social group, and a person who has a well founded fear of persecution on the basis of sexual orientation or gender identity shall be deemed to have a well founded fear of persecution on account of membership in a particular social group. .
Section 103(e) of the Immigration and Nationality Act ( 8 U.S.C. 1103(e) ) is amended by adding at the end the following: Each annual report shall include information on the total number of applications for asylum and refugee status received that are, in whole or in part, based on persecution or a well founded fear of persecution on account of sexual orientation or gender identity, and the rate of approval administratively of such applications. . Section 208(a)(2)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2)(B) ) is repealed.
Section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) ) is amended— in subparagraph (D)— by striking notwithstanding subparagraphs
(B)and
(C)and inserting notwithstanding subparagraph
(C); by striking either after Attorney General ; and by striking or extraordinary circumstances relating to the delay in filing an application within the period specified in subparagraph
(B); and in subparagraph (E), by striking Subparagraphs
(A)and
(B)and inserting Subparagraph
(A). The amendments made by this paragraph shall apply to applications for asylum filed before, on, or after the date of the enactment of this Act. Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended— in paragraph (35), by inserting includes any permanent partner, but before does not include ; and by adding at the end the following: The term marriage includes a permanent partnership. The term permanent partner means an individual 18 years of age or older who— is in a committed, intimate relationship with another individual 18 years of age or older, in which both parties intend a lifelong commitment; is financially interdependent with the other individual; is not married to anyone other than the other individual; is a national of or, in the case of a person having no nationality, last habitually resided in a country that prohibits marriage between the individuals; and is not a first-, second-, or third-degree blood relation of the other individual. The term permanent partnership means the relationship that exists between two permanent partners. . Section 240(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(4) ) is amended— in subparagraph (B), by striking and at the end; in subparagraph (C), by striking the period at the end and inserting , and ; and by adding at the end the following: notwithstanding subparagraph (A), in a case in which an indigent alien requests representation, such representation shall be appointed by the court, at the expense of the Government, for such proceedings. . Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended— by inserting
(a)before In any ; by striking he and inserting the person ; and by adding at the end the following: Notwithstanding subsection (a), in a case in which an indigent alien requests representation, such representation shall be appointed by the court, at the expense of the Government, for the proceedings described in subsection (a). In an interview relating to admission under section 207, an alien shall have the privilege of being represented, at no expense to the Government, by such counsel, authorized to practice in such proceedings, as the alien shall choose. . In the case of aliens who are nationals of or, in the case of aliens having no nationality, last habitually resided in a country that fails to protect against persecution on the basis of sexual orientation or gender identity and who share common characteristics that identify them as targets of persecution on account of sexual orientation or gender identity, such aliens are eligible for Priority 2 processing under the refugee resettlement priority system. In a case in which a refugee admitted under section 207 of the Immigration and Nationality Act discloses to an employee or contractor of the Bureau of Population, Refugees, and Migration information with respect to the refugee’s sexual orientation or gender identity, the Secretary of State shall, with the refugee’s consent, provide such information to the appropriate national resettlement agency to prevent the refugee from being placed in a community in which the refugee is likely to face continued discrimination and to place the refugee in a community that offers services to meet the needs of the refugee. The term national resettlement agency means an agency contracting with the Department of State to provide sponsorship and initial resettlement services to refugees entering the United States. In order to create an environment in which an alien may safely disclose such alien’s sexual orientation or gender identity, the Secretary of Homeland Security shall establish, in consultation with the Secretary of State, a training program for staff and translators who participate in the interview process of aliens seeking asylum or status as a refugee. The training program described in paragraph
(1)shall include instruction on— appropriate word choice and word usage; creating safe spaces and facilities for LGBTI aliens; confidentiality requirements; and nondiscrimination policies. Notwithstanding any other provision of law and except as provided in subparagraphs
(B)and (C), the Secretary of Homeland Security— may not detain an alien who is a member of a vulnerable group under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) pending a decision with respect to whether the alien is to be removed from the United States; and shall immediately release any detained alien who is a member of a vulnerable group. The Secretary of Homeland Security may detain, pursuant to the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.), an alien who is a member of a vulnerable group if the Secretary makes a determination, using credible and individualized information, that the use of alternatives to detention will not reasonably assure the appearance of the alien at removal proceedings, or that the alien is a threat to another person or the community. The fact that an alien has a criminal charge pending against the alien may not be the sole factor to justify the detention of the alien. In a case in which detention is the least restrictive means of effectuating the removal from the United States of an alien who is a member of a vulnerable group, the subject of a final order of deportation or removal, and not detained under subparagraph (B), the Secretary of Homeland Security may, solely for the purpose of such removal, detain the alien for a period that is— the shortest possible period immediately preceding the removal of the alien from the United States; and not more than 5 days. With respect to an alien detained under subparagraph
(B)of paragraph (1), not less frequently than once each week, the Secretary of Homeland Security shall conduct an individualized review to determine whether the alien should continue to be detained under such subparagraph. In the case of a determination under subparagraph
(A)that an alien should not be detained under paragraph (1)(B), not later than 24 hours after the date on which the Secretary makes the determination, the Secretary shall release the detainee. An LGBTI alien who is detained under subparagraph
(B)or
(C)of subsection (f)(1) may not be placed in housing that is segregated from the general population unless— the alien requests placement in such housing for the protection of the alien; or the Secretary of Homeland Security determines, after assessing all available alternatives, that there is no available alternative means of separation from likely abusers. In a case in which an LGBTI alien is placed in segregated housing pursuant to paragraph (1), the Secretary of Homeland Security shall ensure that such housing— includes non-LGBTI aliens, to the extent practicable; and complies with any applicable court order for the protection of LGBTI aliens. In a case in which an LGBTI alien who is detained requests placement in segregated housing for the protection of such alien, the Secretary of Homeland Security shall grant such request. It is the sense of Congress that the Secretary of Homeland Security should hire a sufficient number of Refugee Corps officers for refugee interviews to be held within a reasonable period of time and adjudicated not later than 180 days after a request for Priority 2 consideration is filed.
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