Sec. 206. Central American Refugee Program
1,272 words·~6 min read·
/bill/116/s/2936/is/section-206A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 fewer than 100,000 nationals of El Salvador, Guatemala, or Honduras shall be admitted into the United States under this section. Any alien described in paragraph
(1)shall be admitted under this section if— the alien registers at a designated processing center on or before September 30, 2024; and the Secretary of State, in consultation with the Secretary, determines that the alien is admissible as a refugee of special humanitarian concern to the United States in accordance with this section. Any alien who, while registering at a designated processing center, expresses a fear of persecution or an intention to apply for refugee status may apply for refugee resettlement under this section. Each applicant who files a completed application shall be referred to a refugee officer for further processing in accordance with this section. An applicant described in paragraph
(1)shall submit biographic and biometric data in accordance with procedures established by the Assistant Director of Regional Processing appointed pursuant to section 205(b), who 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 made available in English and Spanish. The Secretary of State, in consultation with the Secretary, 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 for further processing pursuant to subsection (b)(1), the applicant shall be interviewed by a refugee officer, who shall determine whether the applicant is a refugee of special humanitarian concern to the United States (as defined 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 regarding the application. If a refugee officer approves an application under this section, the applicant shall be processed for resettlement to the United States as a refugee in accordance with section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ). 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 in accordance with section 205(d)(5). An applicant who has been denied status as a refugee of special humanitarian concern under this section may request review of such decision by a supervisory refugee officer not later than 30 days after the date of such denial. The supervisory refugee officer shall issue a final written decision not later than 30 days after such request for review. In this section, the term refugee of special humanitarian concern to the United States means any individual who, in his or her country of nationality has suffered (or in the case of an individual who remains in his or her country of nationality, has a well-founded fear of suffering)— domestic, sexual, or other forms of gender-based violence, including forced marriage and 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 ( 8 U.S.C. 1157(c) ) shall be granted the same status as the applicant if accompanying or following to join such applicant, in accordance with such section. An individual who is admitted to the United States as a refugee of special humanitarian concern to the United States 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 ( 8 U.S.C. 1157 and 1159). 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. Subject to subparagraph (B), the Secretary of State, in consultation with the Secretary, shall enter into bilateral agreements with other countries for the referral, processing, and resettlement of individuals who— register at a designated processing center; and seek to apply for refugee resettlement under this section. Agreements required under subparagraph
(A)may only be entered into with countries that have the demonstrated capacity— to accept and adjudicate applications for refugee status and other forms of international protection; and to resettle refugees consistent with obligations under the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951, as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223). The Secretary of State, in consultation with the Secretary, 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. In this subsection, 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. The Secretary of State, in consultation with the Secretary, shall enter into bilateral or multilateral agreements with other countries in the Western Hemisphere to establish safe and secure emergency transit centers for individuals who— register at a designated processing center; face an imminent risk of harm; and require temporary placement in a safe location, pending a final decision on an application under this section. Agreements required under paragraph (1)— 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 shall appoint such additional refugee officers as may be necessary to carry out this section.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 206
Central American Refugee Program
Cites 1Cited by 0 across 0 sources