Sec. 6. Nonimmigrant visas and humanitarian parole for threatened journalists
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Section 101(a)(15)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(I) ) is amended— by inserting
(i)before upon a basis ; by striking him; and inserting the alien; or ; and by adding at the end the following: an alien who is classified as a threatened journalist under section 214(s), and the spouse and children of such an alien if accompanying or following to join the alien; . Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: An alien shall be classified as a threatened journalist under this subsection if the Secretary of State, the Coordinator for International Press Freedom, or an appropriate Chief of Mission (after consultation with the Secretary or the Coordinator) determines that— the alien is a journalist who practices (on a regular or professional basis) the collection and dissemination of information to the public through any means of mass communication; the alien— has been threatened, harassed, or attacked on account of, or in the exercise of, journalistic activity; or has a well-founded fear of future persecution on account of the alien's journalistic activity; the alien has conducted reporting consistent with the values and standards of professional journalism, including— the collection and dissemination of information, freely and in accordance with the principles of attachment to the truth, plurality of points of view, and rationality with respect to the methods of establishment of fact and fact verification; the demonstration of a commitment to free pursuit of the truth, factual accuracy, and no intention to harm; refraining from dissemination of misleading or incorrect information, and refraining from concealing information that should be known to the public; the regular or professional collection of information and ideas and dissemination to the public through any means of mass communication; the use of professional methods of establishing and verifying the facts, and endeavoring to be factually accurate; behavior and actions that are in accordance with the principles of freedom of expression; respect for ethical principles of the profession of journalism, in particular the duties attached to such principles; the treatment of information in a manner that serves the general interests and the fundamental rights of the public, and does not regard information as a commercial product; engagement in activities that fall within the framework of editorial independence; the impartial presentation of facts, disregarding as much as possible his or her own interests and prejudices, and rejection of all forms of connivance or conflict of interest; respect for the plurality of sources and points of view; a refusal to engage in manipulation of information; and the observation and reporting of events without actively participating in them; and temporary measures implemented by the Secretary of State using amounts authorized to be appropriated under section 4(e) of the International Press Freedom Act of 2021 are insufficient to protect the life or safety of the alien or the spouse or child of the alien. In processing nonimmigrant visa applications for aliens described in paragraph
(1)and the spouse and children of such aliens who are accompanying or following to join them, the Secretary of State shall— offer interview appointments to such aliens not later than 3 business days after receiving an application from such aliens; and prioritize the review and processing of such applications ahead of any nonemergency nonimmigrant visa applications. In the case of an alien spouse admitted under section 101(a)(15)(I)(ii), who is accompanying or following to join a principal alien admitted under such section, the Secretary of Homeland Security shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an employment authorized endorsement or other appropriate work permit. . Section 248(b) of the Immigration and Nationality Act ( 8 U.S.C. 1258(b) ) is amended by striking
(T)or
(U)and inserting (I)(ii), (T), or
(U). The Secretary of Homeland Security shall amend Part 214 of title 8, Code of Federal Regulations, as appropriate, to ensure that each alien described in section 101(a)(15)(I)(ii) of the Immigration and Nationality Act, as added by paragraph (1)— is permitted to remain in the United States— while classified as a threatened journalist pursuant to section 214(s) of such Act, as added by paragraph (2); or with respect to the spouse and children of a threatened journalist, while such classification remains in effect for the spouse or parent; receives an Employment Authorization Document; is not denied a nonimmigrant visa under such section 101(a)(15)(I)(ii) or the extension of such visa based on the approval of a permanent labor certification, the filing of a preference petition on behalf of the alien, or the pursuit of refugee or asylee status; and is provided with notification of each determination under subsection (c). The final rule of the Department of Homeland Security entitled Period of Admission and Extensions of Stay for Representatives of Foreign Information Media Seeking to Enter the United States (85 Fed. Reg. 91 (May 11, 2020)) shall not apply to a nonimmigrant described in section 101(a)(15)(I)(ii). The Secretary of Homeland Security shall consider, on a case-by-case basis for urgent humanitarian reasons, and in accordance with section 212(d)(5)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(B) ), the provision of humanitarian parole to aliens described in section 214(s) of such Act, as added by subsection (a)(2), who meet the criteria described in paragraph (2). The Secretary of State, the Coordinator for International Press Freedom, or an appropriate Chief of Mission (after consultation with the Secretary or the Coordinator) affirms that the life or safety of the alien is at risk if the alien remains in his or her country of origin or country of last habitual residence. The Secretary of State or the Chief of Mission (after consultation with the Secretary) has submitted to the Secretary of Homeland Security and the Attorney General a favorable written recommendation that humanitarian parole for the alien furthers the foreign policy interests or national security interests of the United States. With respect to an alien who meets the criteria described in paragraph (2), subject to subparagraph (B), the Secretary of Homeland Security shall exercise a preference for admission as a nonimmigrant described in clause
(ii)of section 101(a)(15)(I) of such Act ( 8 U.S.C. 1101(a)(15)(I) ), as added by subsection (a)(1). In the case of imminent danger to such an alien— the Secretary of State may submit to the Secretary of Homeland Security a request to parole the alien into the United States under this subsection; and the Secretary of Homeland Security may parole the alien into the United States; or the Secretary of State may coordinate directly with the Commissioner of U.S. Customs and Border Protection for the parole of the alien into the United States under this subsection. With respect to each alien admitted to the United States as a threatened journalist described in clause
(ii)of section 101(a)(15)(I) of the Immigration and Nationality Act, as added by subsection (a)(1), or paroled into the United States under subsection (b), not less frequently than once every 5 years after such admission or parole, the Coordinator for International Press Freedom shall make a determination as to whether the alien's life or safety would be at risk if the alien were to return to his or her country of origin or country of last habitual residence. Not later than 30 days after the date on which the Coordinator makes a determination under paragraph (1), the Coordinator shall notify the alien of such determination. If the Coordinator determines that an alien's life or safety would not be at risk if the alien were to return to his or her country of origin or country of last habitual residence, not later than 120 days after the date of such determination— the alien's status as a nonimmigrant described in paragraph (15)(I)(ii) of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 101(a) ) shall terminate; and the alien shall be required— to depart the United States; or to change or adjust his or her status under the immigration laws (as defined in such section) to a status for which the alien is eligible.
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- 85 FR 91
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Sec. 6
Nonimmigrant visas and humanitarian parole for threatened journalists
Fed. Reg.85 FR 91
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