Sec. 10. Refugee status for certain residents of Hong Kong
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Aliens described in subsection
(b)may establish, for purposes of admission as a refugee under sections 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) or asylum under section 208 of such Act ( 8 U.S.C. 1158 ), that such 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 a credible basis for concern about the possibility of such persecution. An alien is described in this subsection if such alien— is a Priority Hong Kong Resident and— had a significant role in a civil society organization supportive of the protests in 2019 and 2020 related to the Hong Kong National Security Law and the encroachment on the autonomy of Hong Kong by the PRC; was arrested, charged, detained, or convicted of an offense arising from their participation in an action as described in section 206(b)(2) of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5726(b)(2) ) that was not violent in nature; or has had their citizenship, nationality, or residency 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 (as defined in section 101(a) of that Act ( 8 U.S.C. 1101(a) )); is a Priority Hong Kong Resident spouse or child of an alien described in subparagraph (A); or is the parent of an alien described in subparagraph (A), if such parent is a citizen of the PRC and no other foreign state. The Secretary of Homeland Security, in consultation with the Secretary of State, may designate other categories of aliens for purposes of establishing a well-founded fear of persecution under subsection
(a)if such aliens share common characteristics that identify them as targets of persecution in the PRC on account of race, religion, nationality, membership in a particular social group, or political opinion. For purposes of clause
(i)of subsection (b)(1)(A), a significant role shall include, with respect to the protests described in such clause— an organizing role; a first aid responder; a journalist or member of the media covering or offering public commentary; a provider of legal services to one or more individuals arrested for participating in such protests; or a participant who during the period beginning on June 9, 2019, and ending on June 30, 2020, was arrested, charged, detained, or convicted as a result of such participation. For purposes of this section, a determination of whether an alien is a child shall be made using the age of the alien on the date on which the alien files an application for refugee or asylum status with the Secretary of Homeland Security. Aliens provided refugee status under this section shall not be counted against the numerical limitation on refugees established in accordance with the procedures described in section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ). Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State and the Secretary of Homeland Security shall submit a report on the matters described in paragraph
(2)to— the Committee on the Judiciary and the Committee on Foreign Relations of the Senate; and the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives. Each report required by paragraph
(1)shall include— the total number of refugee and asylum applications that are pending at the end of the reporting period; the average wait-times for all applicants for refugee status or asylum pending— a prescreening interview with a resettlement support center; an interview with U.S. Citizenship and Immigration Services; and the completion of security checks; the number of approvals, referrals including the source of the referral, denials of applications for refugee status or asylum, disaggregated by the reason for each such denial; and the number of refugee circuit rides to interview populations that would include Hong Kong SAR completed in the last 90 days, and the number planned for the subsequent 90-day period. Each report required by paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. 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.
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Sec. 10
Refugee status for certain residents of Hong Kong
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