Sec. 3. Designation of certain residents of the Xinjiang Uyghur Autonomous Region
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Persons of special humanitarian concern eligible for Priority 2 processing under the refugee resettlement priority system shall include the following: Individuals who are residents of or fled the Xinjiang Uyghur Autonomous Region who suffered persecution or have a well-founded fear of persecution on account of their peaceful expression of political opinions, religious or cultural beliefs, or peaceful participation in political, religious, or cultural activities or associations.
Individuals residing in other provinces of China, or individuals not firmly resettled in third countries, who fled the Xinjiang Uyghur Autonomous Region because of the causes described in paragraph (1). Individuals who have been formally charged, detained, or convicted on account of their peaceful actions as described in the Uyghur Human Rights Policy Act of 2020 ( Public Law 116–145 ). The spouses, children, and parents (as such terms are defined in subsections
(a)and
(b)of section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )) of individuals described in paragraph (1), (2), or (3), except such parents who are citizens of a country other than the People’s Republic of China. The processing of individuals described in subsection
(a)for classification as refugees may occur in China or in a third country. An alien may not be denied the opportunity to apply for admission as a refugee under this section primarily because such alien— qualifies as an immediate relative of a citizen of the United States; or is eligible for admission to the United States under any other immigrant classification. Certain applicants for admission to the United States from the Xinjiang Uyghur Autonomous Region, as described in subsection (a), may not be denied primarily on the basis of a politically, religiously, or culturally motivated arrest, detention, or other adverse government action taken against such applicant as a result of the participation by such applicant in protest activities. Aliens provided refugee status under this section shall not be counted against any numerical limitation under section 201, 202, 203, or 207 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152, 1153, or 1157). The Secretary of State shall prioritize bilateral diplomacy with third countries hosting former residents from the Xinjiang Uyghur Autonomous Region, as described in subsection (a), and who face significant diplomatic pressure from the Government of the People’s Republic of China. Not later than 180 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 applications that are pending at the end of the reporting period; the average wait-times and number of applicants who are currently pending— a pre-screening interview with a resettlement support center; an interview with U.S. Citizenship and Immigration Services; the completion of security checks; and receipt of a final decision after completion of an interview with U.S. Citizenship and Immigration Services; and the number of denials of applications for refugee status, disaggregated by the reason for each such denial. 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. Aliens eligible under this section for Priority 2 processing under this section as Priority 2 refugees of special humanitarian concern under the refugee resettlement priority system shall be considered to satisfy the requirements under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) for admission to the United States.
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Sec. 3
Designation of certain residents of the Xinjiang Uyghur Autonomous Region
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