Sec. 4. Protection of stateless persons in the United States
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Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245A the following: In this section: With respect to a foreign country, the term competent authority — means the authority responsible for— conferring nationality on, or withdrawing nationality from, individuals; or in the case of nationality having been acquired or withdrawn automatically, clarifying the nationality status of an individual; and includes a Federal, local, or regional government entity, a consular official, and a government official at any level, notwithstanding any process by which a decision by such an entity or official may later be overridden.
The terms national and nationality — refer to a formal link, of a political and legal character, between an individual and a country; and do not include the concept of nationality relating to membership in a religious, linguistic, or ethnic group. The term noncitizen has the meaning given the term alien in section 101(a). The terms operation of law and operation of its law — refer to the consideration by a competent authority of a country with respect to an individual in practice, including under the legislation, ministerial decrees, regulations, orders, judicial case law, and customary practices of the competent authority; and include situations in which the position of the competent authority differs from the law as written, if the position of the competent authority that an individual is not a national of the country is determinative.
The term relevant association means a natural person’s connection to a country through— birth on the territory of the country; descent from 1 or more individuals who are nationals of the country; marriage to an individual who is a national of the country; adoption by an individual who is a national of the country; or habitual residence in the country. The term stateless person means an individual who is not considered as a national by any state under the operation of its law.
Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide stateless protected status to a noncitizen who— is a stateless person present in the United States; applies for such relief; has not formally renounced his or her nationality as a result of voluntary, affirmative, and intentional action after arrival in the United States and after the date of the enactment of this section, unless the renunciation was the result of duress, coercion, or a reasonable expectation that the noncitizen had acquired or would acquire another nationality or citizenship; and is not inadmissible under 212(a)(3), except as provided in paragraph
(2)of this subsection; and is not described in section 241(b)(3)(B)(i). Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide stateless protected status to a noncitizen who— is the spouse or child of a noncitizen described in subparagraph (A), if such spouse or child is not otherwise eligible for admission under that subparagraph; is accompanying, or following to join, such noncitizen; established the qualifying relationship to such noncitizen before the date on which such noncitizen applied for stateless protected status; is not inadmissible under 212(a)(3), except as provided in paragraph
(2)of this subsection; and is not described in section 241(b)(3)(B)(i). Noncitizens with stateless protected status— shall— receive relevant protections against deportation, removal, and detention, as described in paragraph (3); be authorized for employment, as described in paragraph (4); and be eligible to apply for a travel document, as described in paragraph (5); and shall not face limitations from immigration enforcement officials on their domestic travel. Except as provided in clause (ii), notwithstanding any other provision of law, immediately on granting stateless protected status to a noncitizen, the Secretary of Homeland Security shall adjust the status of the noncitizen to that of a noncitizen lawfully admitted for permanent residence. The Secretary of Homeland Security may not adjust the status of a noncitizen with stateless protected status who is inadmissible under section 212(a)(2). Notwithstanding any other provision of law, the Secretary of Homeland Security may, for humanitarian purposes, in the interests of access to fundamental or enabling rights, to ensure family unity, or when it is otherwise in the public interest, waive the operation of the grounds of inadmissibility set forth in paragraphs
(2)and
(3)of section 212(a), for relief under this section. In making a determination under subparagraph (A), the Secretary of Homeland Security shall consider all relevant factors, including— mitigating and aggravating factors of the basis for inadmissibility; the duration of the noncitizen’s residence in the United States; and the degree to which the noncitizen’s removal, or denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members. A grant of stateless protected status under this section shall— trigger immediate release of an individual from post-removal detention; be considered to establish that there is no significant likelihood of the individual's removal in the reasonably foreseeable future; and establish a presumption that travel documents are not available for the individual. An individual granted stateless protected status under this section shall receive employment authorization for a renewable period not less than 5 years. During the 150-day period after the date on which an application for status under this section is submitted, the Secretary of Homeland Security may authorize the applicant to engage in employment in the United States. If the Secretary of Homeland Security has not issued a decision within the 150-day period beginning on the date on which an application for status under this section is submitted, the Secretary of Homeland Security shall authorize the applicant to engage in employment in the United States until the date on which a decision is issued on the application for lawful permanent residence or stateless protected status. On request, the Secretary of Homeland Security shall provide to any noncitizen granted relief under this section, a travel document that facilitates the noncitizen’s ability to travel abroad and to be admitted to the United States upon return. The minimum period of validity for a document issued under subparagraph
(A)shall be 10 years. Notwithstanding any other provision of law, an individual granted lawful permanent residence status under paragraph (1)(D) may apply for naturalization after having resided continuously in the United States for at least 3 years beginning on the date on which such individual is granted lawful permanent resident status. In determining if an individual is a stateless person under this section, the Secretary of Homeland Security shall consider and obtain any credible evidence relevant to the application, including information from— the Department of State, particularly the Bureau of Population, Refugees, and Migration and the Bureau of Democracy, Human Rights, and Labor; and relevant international and foreign bodies, such as the United Nations High Commissioner for Refugees, nongovernmental organizations, and the competent authorities of other countries. The Secretary of Homeland Security, in consultation with the Secretary of State, may designate 1 or more specific groups of individuals who shall be considered stateless persons for purposes of this section, and a noncitizen who belongs to a group so designated shall be considered a stateless person. The burden of proof with respect to evidentiary matters relating to an application under this section shall be shared between the Secretary of Homeland Security and the applicant. A noncitizen shall be considered to be a stateless person if it is established to a reasonable degree that the noncitizen meets the definition of the term stateless person under this section. The nationality of an individual shall be assessed as of the date on which a determination of eligibility under this section is made. An applicant for relief under this section shall submit, as part of the application for such relief— a full and truthful account, to the best of the noncitizen’s knowledge, of such noncitizen’s legal status with regard to any country in which the applicant was born or resided before entering the United States or to which the applicant has a relevant association; and all evidence reasonably available, including any valid or expired travel document. The Secretary of Homeland Security shall obtain and submit to the immigration officer or immigration judge and the applicant or, as applicable, the applicant’s counsel, all available evidence regarding the legal status of the applicant in the applicant’s country of birth or prior residence or any country to which the applicant has a relevant association, including information on the relevant laws and practices of the countries concerned. The Secretary of Homeland Security may consider as substantial evidence that an individual is not considered by a country to be a national of the country the following: After 120 days have elapsed after the Secretary of Homeland Security has requested information from the country with respect to the nationality status of the individual, the lack of response from the competent authority of the country. A pro forma response from the country that lacks an application of the law or facts to the particular individual. The refusal of the country to accept the individual for deportation or removal. The Secretary of Homeland Security may not charge a noncitizen any fee in connection with an application for, or issuance of, lawful status under this section, employment authorization, or travel documents. The Director of U.S. Citizenship and Immigration Services shall have jurisdiction over an application for stateless protected status and adjustment of status filed by a noncitizen under this section. A denial by the Secretary of Homeland Security of an application for relief under this section shall be subject to review by the Administrative Appeals Office of U.S. Citizenship and Immigration Services. With respect to a noncitizen in removal proceedings who files an application for relief under this section, the Attorney General shall postpone the removal proceedings pending the adjudication of the application. A noncitizen whose removal, deportation, or exclusion proceedings were concluded before the date of the enactment of this section, and who is eligible for relief under this section, may file 1 motion to reopen proceedings to apply for such relief not later than 1 year after the date of the enactment of this section. A time or numerical limitation on motions to reopen removal, deportation, or exclusion proceedings may not be construed to restrict the filing of a motion to reopen under this paragraph if such limitation is based on previously unavailable evidence or facts, or on changed facts or circumstances, including a discovery by a noncitizen that the noncitizen may be a stateless person. An applicant for relief under this section who has been issued a final order of removal, deportation, or exclusion may request a stay of removal, deportation, or exclusion. With respect to an individual who requests a stay under subparagraph (A), if the Secretary of Homeland Security determines that the application for relief is bona fide, the Secretary shall automatically stay the execution of the final order of deportation, exclusion, or removal, and the stay will remain in effect until a final decision is made on the applications. If the application is denied, the stay of the final order is deemed lifted as of the date of such denial, without regard to whether the noncitizen appeals the decision. On the grant of an application for relief under this section to a noncitizen with a final order of removal, deportation, or exclusion, the final order shall be deemed canceled by operation of law as of the date of the approval. Individuals provided status under this section shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4). Nothing in this section may be construed to authorize or require the admission of any noncitizen to the United States. Not later than 120 days after the date of the enactment of this section, and every 90 days thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on— the number of applications submitted under each of paragraphs (1), (4), and
(5)of subsection
(b)since the date of the enactment of this section, disaggregated by the country of birth of the applicants; and average timelines for processing each such application. The Secretary of Homeland Security shall publish each report submitted under paragraph
(1)on the internet website of the Department of Homeland Security, respectively. Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish all policy manuals, guidance, and application instructions relating to applications under this section on the internet website of the Department of Homeland Security. The Secretary of Homeland Security may issue such regulations as the Secretary of Homeland Security considers appropriate to carry out this section. . The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 245A the following: Sec. 245B. Protection of stateless persons in the United States. . Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B)(iii) ) is amended by adding at the end the following: Clause
(i)shall not apply to a noncitizen who demonstrates that he or she is a stateless person (as defined in section 245B(a)). .
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