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— Uyghurs and members of other predominately Turkic or Muslim ethnic groups, including Kazakhs and Kyrgyz, who are residents of, or fled from, the Xinjiang Uyghur Autonomous Region and who suffered persecution or have a well-founded fear of persecution on account of their imputed or actual religious or ethnic identity; Uyghurs and members of other predominately Turkic or Muslim ethnic groups, including Kazakhs and Kyrgyz, who have been formally charged, detained, or convicted by the Government of the People’s Republic of China on account of their peaceful actions in the Xinjiang Uyghur Autonomous Region, as described in the Uyghur Human Rights Policy Act of 2020 ( Public Law 116–145 ); and 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)or (2), 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 another foreign 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 may not be denied primarily on the basis of a politically motivated arrest, detention, or other adverse government action taken against such applicant as a result of the participation by such applicant in religious, cultural, or protest activities. The Secretary of State shall prioritize bilateral diplomacy with foreign countries hosting former residents of the Xinjiang Uyghur Autonomous Region who face significant diplomatic pressure from the Government of the People’s Republic of China. Aliens eligible for Priority 2 processing under this section who are provided refugee status 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, and 1157). Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State and the Secretary of Homeland Security shall jointly submit a report containing the matters described in paragraph
(2)to— the Committee on the Judiciary of the Senate ; the Committee on Foreign Relations of the Senate ; the Committee on the Judiciary of the House of Representatives ; and the Committee on Foreign Affairs of the House of Representatives . Each report required under paragraph
(1)shall include— the total number of applications from individuals described in subsection
(a)that are pending at the end of the reporting period; the average wait-times and the number of such applicants who, at the end of the reporting period, are waiting for— a prescreening interview with a resettlement support center; an interview with U.S. Citizenship and Immigration Services; the completion of security checks; or receipt of a final decision after completion of an interview with U.S. Citizenship and Immigration Services; and the number of individuals who applied for refugee status under this section whose application was denied, disaggregated by the reason for each such denial. Each report required under 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 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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