Library / Laws / 113th / hr / H.R. 651 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 651
IN THE HOUSE OF REPRESENTATIVES
February 13, 2013
Mr. Ellison (for
himself, Ms. Schakowsky, and
Mr. Moran) introduced the following
bill; which was referred to the Committee
on the Judiciary, and in addition to the Committees on
Foreign Affairs and
Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To modify provisions of law relating to refugee
resettlement, and for other purposes.
1.
Short title; table of
contents
(a)
Short
Title
This Act may be cited
as the Strengthening Refugee
Resettlement Act.
(b)
Table of
Contents
The table of
contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Security checks.
Sec. 3. English language and work orientation training for
approved refugee applicants.
Sec. 4. Lawful permanent resident status of refugees and aliens
granted asylum.
Sec. 5. Update of reception and placement grants.
Sec. 6. Coordination of refugee program agencies.
Sec. 7. Case management.
Sec. 8. Increase in cash payments.
Sec. 9. Refugee integration grants.
Sec. 10. Matching grant program expansion.
Sec. 11. Domestic Emergency Refugee Resettlement
Fund.
Sec. 12. Supplemental Security Income benefits.
Sec. 13. Making special immigrant juvenile status beneficiaries
and unaccompanied children granted U visa protection eligible
for refugee benefits.
2.
Security
checks
(a)
Sense of
Congress
Although effective
security checks are needed to ensure that the United States and the Nation’s
refugee admissions program are adequately protected, it is the sense of the
Congress that the failure to properly coordinate security and non-security
clearance procedures has had negative impacts on the processing of vulnerable
individuals who are in need of, and eligible for, resettlement to the United
States.
(b)
Review of
refugee processing
The Secretary of Homeland Security shall work
with the heads of other relevant Federal agencies, including the Department of
State, to conduct a review of refugee processing, including security
clearances, with the goal of streamlining processing, consistent with
maintaining thorough security vetting.
(c)
Report
Not
later than 60 days after the date of the enactment of this Act, the Secretary
of Homeland Security shall submit to the Congress a report on the results of
the review conducted under subsection (b). The report shall include a
description of recommended changes to streamline processing and the costs
associated with any unfunded needs.
3.
English language
and work orientation training for approved refugee applicants
(a)
In
general
The Secretary of State shall establish overseas refugee
training programs to provide English as a second language and work orientation
training for refugees who have been approved for admission to the United States
before their departure for the United States.
(b)
Design and
implementation
In designing and implementing the programs
referred to in subsection (a), the Secretary shall consult with or use—
(1) nongovernmental or
international organizations with direct ties to the United States refugee
resettlement program; and
(2) nongovernmental or
international organizations with appropriate expertise in developing curriculum
and teaching English as a second language.
(c)
Impact on
processing times
The Secretary shall ensure that such training
programs occur within applicable processing times and do not unduly delay the
departure for the United States of refugees who have been approved for
admission to the United States.
(d)
Timeline for
implementation
(1)
Initial
implementation
Not later than 1 year after the date of the
enactment of this Act, the Secretary shall ensure that such training programs
are fully and continually operational in at least 3 refugee processing
regions.
(2)
Additional
implementation
Not later than 2 years after the date of the
enactment of this Act, the Secretary shall notify the appropriate congressional
committees that such training programs are fully and consistently operational
in 5 refugee processing regions.
(e)
GAO
report
Not later than 2 years after the date of the enactment of
this Act, the Comptroller General of the United States shall conduct a study on
the implementation of this section, including an assessment of the quality of
English as a second language curriculum and instruction, the benefits of the
work orientation and English as a second language training program to refugees,
and recommendations on whether such programs should be continued, broadened, or
modified, and shall submit to the appropriate congressional committees a report
on the findings of such study.
(f)
Rule of
construction
Nothing in this section shall be construed to
require that a refugee participate in such a training program as a precondition
for the admission to the United States of such refugee.
4.
Lawful permanent
resident status of refugees and aliens granted asylum
(a)
Admission of
emergency situation refugees
Section 207(c) of the Immigration
and Nationality Act (8 U.S.C. 1157(c)) is amended—
(1) in paragraph
(1)—
(A) by striking
Attorney General the first time it appears and inserting
Secretary of Homeland Security;
(B) by striking
Attorney General each additional place it appears and inserting
Secretary; and
(C) by striking
(except as otherwise provided under paragraph (3)) as an immigrant under
this Act. and inserting (except as provided under subsections
(b) and (c) of section 209) as an immigrant under this Act. Notwithstanding any
numerical limitations specified in this Act, any alien admitted under this
paragraph shall be regarded as lawfully admitted to the United States for
permanent residence as of the date of such alien’s admission to the United
States.;
(2) in paragraph
(2)(A)—
(A) by striking
(except as otherwise provided under paragraph (3)) and inserting
(except as provided under subsections (b) and (c) of section
209); and
(B) by striking the
last sentence and inserting the following: An alien admitted to the
United States as a refugee may petition for his or her spouse or child to
follow to join him or her in the United States at any time after such alien’s
admission, notwithstanding his or her treatment as a lawful permanent resident
as of the date of his or her admission to the United States.;
(3) by striking
paragraph (3);
(4) by redesignating
paragraph (4) as paragraph (3); and
(5) in paragraph (3),
as redesignated—
(A) by striking
Attorney General the first place it appears and inserting
Secretary of Homeland Security; and
(B) by striking
Attorney General each additional place it appears and inserting
Secretary.
(b)
Treatment of
spouse and children
Section 208(b)(3) of such Act (8 U.S.C.
1158(b)(3)) is amended—
(1) by redesignating
subparagraph (B) as subparagraph (E); and
(2) by inserting after
subparagraph (A) the following:
(B)
Petition
An
alien granted asylum under this subsection may petition for the same status to
be conferred on his or her spouse or child at any time after such alien is
granted asylum whether or not such alien has applied for, or been granted,
adjustment to permanent resident status under section 209.
(C)
Permanent
resident status
Notwithstanding any numerical limitations
specified in this Act, a spouse or child admitted to the United States as an
asylee following to join a spouse or parent previously granted asylum shall be
regarded as lawfully admitted to the United States for permanent residence as
of the date of such spouse’s or child’s admission to the United States.
(D)
Application for
adjustment of status
A spouse or child who was not admitted to
the United States pursuant to a grant of asylum, but who was granted asylum
under this subparagraph after his or her arrival as the spouse or child of an
alien granted asylum under section 208, may apply for adjustment of status to
that of lawful permanent resident under section 209 at any time after being
granted
asylum.
.
(c)
Refugees
Section
209 of such Act (8 U.S.C. 1159) is amended to read as follows:
209.
Treatment of
aliens admitted as refugees and aliens granted asylum
(a)
In
general
(1)
Treatment of
refugees
Notwithstanding any numerical limitations specified in
this Act, any alien who has been admitted to the United States under section
207 shall be regarded as lawfully admitted to the United States for permanent
residence as of the date of such admission.
(2)
Treatment of
spouse and children
Notwithstanding any numerical limitations
specified in this Act, any alien admitted to the United States under section
208(b)(3) as the spouse or child of an alien granted asylum under section
208(b)(1) shall be regarded as lawfully admitted to the United States for
permanent residence as of the date of such admission.
(3)
Adjustment of
status
The Secretary of Homeland Security or the Attorney
General, in the discretion of the Secretary or the Attorney General, and under
such regulations as the Secretary or the Attorney General may prescribe, may
adjust, to the status of an alien lawfully admitted to the United States for
permanent residence, the status of any alien who, while in the United
States—
(A) is granted—
(i) asylum under
section 208(b) (as a principal alien or as the spouse or child of an alien
granted asylum); or
(ii) refugee status
under section 207 as the spouse or child of a refugee;
(B) applies for such
adjustment of status at any time after being granted asylum or refugee
status;
(C) is not firmly
resettled in any foreign country; and
(D) is admissible
(except as otherwise provided under subsections (b) and (c)) as an immigrant
under this Act at the time of examination for adjustment of such alien.
(4)
Record
Upon
approval of an application under this subsection, the Secretary of Homeland
Security or the Attorney General shall establish a record of the alien’s
admission for lawful permanent residence as of the date such alien was granted
asylum or refugee status.
(5)
Document
issuance
An alien who has been admitted to the United States
under section 207 or 208 or who adjusts to the status of a lawful permanent
resident as a refugee or asylee under this section shall be issued
documentation indicating that such alien is a lawful permanent resident
pursuant to a grant of refugee or asylum status.
(b)
Inapplicability
of certain inadmissibility grounds to refugees, aliens granted asylum, and such
aliens seeking adjustment of status to lawful permanent
resident
Paragraphs (4), (5), and (7)(A) of section 212(a) shall
not apply to—
(1) any refugee under
section 207;
(2) any alien granted
asylum under section 208; or
(3) any alien seeking
admission as a lawful permanent resident pursuant to a grant of refugee or
asylum status.
(c)
Waiver of
inadmissibility or deportability for refugees, aliens granted asylum, and such
aliens seeking adjustment of status to lawful permanent resident
(1)
In
general
Except as provided in paragraph (2), the Secretary of
Homeland Security or the Attorney General may waive any ground of
inadmissibility under section 212 or any ground of deportability under section
237 for a refugee admitted under section 207, an alien granted asylum under
section 208, or an alien seeking admission as a lawful permanent resident
pursuant to a grant of refugee or asylum status if the Secretary or the
Attorney General determines that such waiver is justified by humanitarian
purposes, to ensure family unity, or is otherwise in the public
interest.
(2)
Ineligibility
A
refugee under section 207, an alien granted asylum under section 208, or an
alien seeking admission as a lawful permanent resident pursuant to a grant of
refugee or asylum status shall be ineligible for a waiver under paragraph (1)
if it has been established that the alien is—
(A) inadmissible under
section 212(a)(2)(C) or subparagraph (A), (B), (C), or (E) of section
212(a)(3);
(B) deportable under
section 237(a)(2)(A)(iii) for an offense described in section 101(a)(43)(B);
or
(C) deportable under
subparagraph (A), (B), (C), or (D) of section
237(a)(4).
.
(d)
Technical
amendments
(1)
Aliens not
subject to direct numerical limitations
Section 201(b)(1)(B) of
the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)(B)) is amended to read
as follows:
(B) Aliens who are admitted to the United
States as permanent residents under section 207 or 208 or whose status is
adjusted under section
209.
.
(2)
Training
Section
207(f)(1) of such Act (8 U.S.C. 1157(f)(1)) is amended by striking
Attorney General and inserting Secretary of Homeland
Security.
(3)
Table of
contents
The table of contents for such Act is amended by
striking the item relating to section 209 and inserting the following:
Sec. 209. Treatment of aliens admitted as
refugees and aliens granted
asylum.
.
(e)
Savings
provisions
(1)
In
general
Nothing in the amendments made by this section may be
construed to limit access to the benefits described at chapter 2 of title IV of
the Immigration and Nationality Act (8 U.S.C. 1521 et seq.).
(2)
Clarification
Aliens
admitted for lawful permanent residence under section 207 or 208 of the
Immigration and Nationality Act (8 U.S.C. 1157; 1158) or who adjust status to
lawful permanent resident under section 209 of such Act (8 U.S.C. 1159) shall
be considered to be refugees and aliens granted asylum in accordance with
sections 402, 403, 412, and 431 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612; 1613; 1622;
1641).
(f)
Effective
date
This section, and the amendments made by this section, shall
become effective on the earlier of—
(1) the date that is
180 days after the date of the enactment of this Act; or
(2) the date on which
a final rule is promulgated to implement this section.
5.
Update of
reception and placement grants
Beginning with fiscal year 2014, the
Secretary of State shall, when setting the amount of the reception and
placement grants for refugees, ensure that—
(1) the grant amount
is adjusted so that it is adequate to provide for the anticipated initial
resettlement needs of refugees, including adjusting the amount for inflation
and the cost of living;
(2) the administrative
proportion of the grant is provided at the beginning of the fiscal year to each
national resettlement agency that is sufficient to ensure adequate local and
national capacity to serve the initial resettlement needs of refugees the
Secretary anticipates the agency will resettle throughout the fiscal year;
and
(3) additional amounts
are provided to each national resettlement agency promptly upon the arrival of
refugees that, exclusive of the amounts provided pursuant to paragraph (2), are
sufficient to meet the anticipated initial resettlement needs of such refugees
and support local and national operational costs in excess of the estimates
described in paragraph (1).
6.
Coordination of
refugee program agencies
It is
the sense of the Congress that—
(1) the President
should appoint a White House Coordinator on Refugee Protection and grant such
official the authority and staff necessary to coordinate, prioritize, and lead
efforts to address refugee protection issues that involve multiple agencies,
including the refugee admissions program, and to resolve interagency
differences in a timely, efficient, and effective manner; and
(2) this position
should be at a senior level and require as a condition for appointment a
significant level of prior experience in the refugee protection field.
7.
Case
management
(a)
In
general
(1)
Establishment of
grant program
The Director of the Office of Refugee Resettlement
shall make grants to national resettlement agencies to operate a case
management system to assist qualified individuals in accessing services,
benefits, and assistance for which they are eligible that are provided
by—
(A) the Office of
Refugee Resettlement (the Office);
(B) other Federal,
State, or local agencies; and
(C) private or
nonprofit organizations.
(2)
Qualified
individuals
Subject to paragraphs (3) and (4), any individual who
was at any time eligible for resettlement, acculturation, or subsistence
services provided by the Office shall be qualified to receive the case
management services described in paragraph (1).
(3)
Period of
qualification
Except as provided in paragraph (4), an individual
described in paragraph (2) shall be qualified to receive the case management
services described in paragraph (1) during the period beginning on the date
such individual was determined to be eligible for resettlement, acculturation,
or subsistence services provided by the Office, and continuing for 1 year after
the date on which such individual ceases to be eligible for such resettlement,
acculturation, or subsistence service.
(4)
Exceptions for
exceptional circumstances
(A)
In
general
Notwithstanding paragraph (3), an individual described in
subparagraph (B) shall be qualified to receive the case management services
described in paragraph (1) during the period beginning on the date on which
such individual was determined eligible for resettlement, acculturation, or
subsistence services provided by the Office, and continuing for 3 years after
the date on which such individual ceases to be eligible for such resettlement,
acculturation, or subsistence services.
(B)
Exceptional
circumstances
An individual described in paragraph (2) may be
treated in accordance with subparagraph (A) if such individual—
(i) is
elderly;
(ii) has
extraordinary resettlement or acculturation needs that impede such individual’s
ability to achieve durable self-sufficiency;
(iii) is
a refugee who was resettled from a situation of protracted displacement;
(iv) is
a member of a family caring for an unattached refugee minor; or
(v) at
the time of entry—
(I) had a disability
or serious medical condition;
(II) had mental health
conditions;
(III) was part of a
household headed by a single parent; or
(IV) had been the
victim of a severe form of violence.
(5)
Definition of
resettlement, acculturation, or subsistence services
For the
purposes of this section, the term, resettlement, acculturation, or
subsistence services shall include all of the services provided by the
Office to aliens, with the exception of the case management services provided
under paragraph (1).
(b)
Authorization of
appropriations
There is authorized to be appropriated such sums
as may be necessary to carry out this section.
(c)
Savings
clause
Nothing in this section shall be construed as affecting
the authority of the Director under section 412(e)(7)(A) of the Immigration and
Nationality Act (8 U.S.C. 1522(e)(7)(A)), or of any other section of such Act,
to provide case management services to individuals who have been in the United
States for longer than 36 months.
8.
Increase in cash
payments
(a) Section 412 of the
Immigration and Nationality Act (8 U.S.C. 1522) is amended—
(1) in subsection
(a)(1)(B), by adding at the end the following:
(iv) Subject to the availability of funds
appropriated for this purpose, assistance and social services for employment,
health and living expenses shall be available for a period of not less than 12
months.
;
(2) in subsection
(a)(5), by adding at the end the following: Subject to the availability
of funds appropriated for this purpose, assistance and services shall be made
available to refugees for a period of not less than 12 months.;
and
(3) in subsection
(e)(1)—
(A) by striking
(1) and inserting (1)(A); and
(B) by adding at the
end the following:
(B) Subject to the availability of funds
appropriated for this purpose, such assistance shall be provided for a minimum
of 12 months beginning with the first month in which such refugee entered the
United
States.
.
(b)
Effective
date
The amendments made by subsection (a) shall become effective
on the earlier of—
(1) the first day of
the first fiscal year that begins after the date of the enactment of this Act;
or
(2) the date on which
a final rule is promulgated to implement this section.
(c)
Rule of
construction
The 12-month specification contained in the
amendments made by subsection (a) is a minimum standard for the provision of
services to the refugee community. No part of this Act shall be interpreted as
limiting or reducing assistance already provided for a period longer than 12
months.
9.
Refugee
integration grants
(a)
Establishment of
refugee integration grants
The Director of the Office of Refugee
Resettlement is authorized to award grants to community-based organizations,
national nonprofit organizations having experience and expertise in immigration
law and the legal, social, educational, or cultural needs of immigrants, and
national resettlement agencies for the design and implementation of programs to
offer training and orientation to newcomers to the United States to assist them
in integrating into the civic life of the United States.
(b)
Services
funded
Programs funded under subsection (a) shall be used—
(1) to offer
assistance and instruction to aliens described in subsection (c), on—
(A) the naturalization
process;
(B) the legal
requirements for naturalization;
(C) rights and
responsibilities of U.S. citizens;
(D) cultural
orientation;
(E) English as a
second language;
(F) civics and United
States history;
(G) housing;
(H) transportation;
(I) recertification;
(J) employment
training;
(K) mental health
services;
(L) childcare
services; and
(M) other topics the
Director identifies as aiding the orientation and adjustment of new arrivals to
the United States;
(2) to offer
orientation and assistance to Federal, State, and local institutions that serve
newcomers to the United States so as to assist such institutions in meeting
their needs; and
(3) to provide
technical assistance and training to community-based organizations providing
instruction in English as a second language, civics, and United States history
and technical assistance and training to community-based organizations
providing naturalization outreach and application assistance.
(c)
Eligible
persons
Persons eligible for assistance and instruction under
this subsection include—
(1) aliens admitted as
refugees under section 207 of the Immigration and Nationality Act (8 U.S.C.
1157);
(2) aliens granted
asylum under section 208 of such Act (8 U.S.C. 1158);
(3) aliens admitted as
special immigrants from Iraq or Afghanistan pursuant to section 1244 of Public
Law 110–181;
(4) any alien who was
at any time eligible to receive services from the Office of Refugee
Resettlement; and
(5) other aliens
designated by the Director of the Office of Refugee Resettlement.
(d)
Application for
grants
Each entity desiring a refugee integration grant under
this section shall submit an application to the Director at such time and in
such manner as the Director may require.
(e)
Priority
In
selecting grantees, the Director shall give priority to organizations either
with experience in resettling refugees or in administering services for
refugees and asylum seekers.
(f)
Reports to
Congress
Beginning 180 days after the date of the enactment of
this Act, and annually thereafter, the Director shall report to the Judiciary
Committees of the Senate and the House of Representatives a report on the
implementation of this section. The report shall include information regarding
the grants issued pursuant to this section and the results of those
grants.
10.
Matching grant
program expansion
(a)
Use of the
refugee matching grant program
(1)
In
general
In recognition of the positive outcomes achieved for
individuals served through the refugee matching grant program, under which
Federal funds are matched by private sector contributions of cash, goods, and
volunteers, the Director of the Office of Refugee Resettlement shall ensure
that the thresholds described in paragraph (2) are met with respect to
participation by eligible individuals in such program.
(2)
Annual
thresholds
(A)
In
general
Subject to the availability of funds appropriated for
this purpose, the percentage of eligible individuals who apply for services
under the matching grant program who shall be served through such program is
set at the following levels in each of the following fiscal years—
(i) at
least 60 percent in fiscal year 2014;
(ii) at
least 70 percent in fiscal year 2015; and
(iii) at
least 80 percent in fiscal year 2016, and thereafter.
(B)
Exceptions
In
determining the thresholds in this paragraph, the Director shall exclude
individuals who are disabled, under the age of 18, or over the age of 65 unless
such individuals are being served as members of an eligible family.
(3)
Length of
eligibility for grant
Individuals as described in subparagraph
(2)(B) shall be eligible for services under the matching grant program, and
therefore be expected to achieve self-sufficiency, within 180 to 240 days of
their enrollment in the program.
(4)
Amount of
grant
(A)
Annual
update
Subject to the availability of funds appropriated for this
purpose, beginning with fiscal year 2014, the Director shall, when setting the
amount of the matching grants, ensure that the grant amount is adjusted
annually so that it is adequate to provide for services intended to help
refugees become self-sufficient within 180 to 240 days, including adjusting the
amount for inflation and the cost of living.
(B)
Assessment
Not
later than 30 days after the date of enactment of this Act, the Director shall
undertake an assessment of the per capita amount that is provided in the
matching grant program. The assessment shall—
(i) examine the
adequacy of the current per capita grant amount to provide the assistance
necessary to enable individuals who are served by the program to achieve
self-sufficiency within 240 days;
(ii) determine the per
capita grant amount that would be necessary in order to provide the assistance
necessary to enable individuals who are served by the program achieve
self-sufficiency within 240 days;
(iii) assess the
potential impact of any other changes to the operation of the program that the
Director or the Office’s non-Federal partners suggest to improve the
effectiveness of the program.
(C)
Consultation
with partners
In conducting the assessment referred to in
subparagraph (B), the Director shall consult with representatives of national
and local resettlement agencies with experience in providing services under the
matching grant program to learn their views on the program, including their
views with respect to clauses (i) through (iv) of subparagraph (B).
(D)
Report to
Congress
Not later than 120 days after the date of enactment of
this Act, the Director shall report to the appropriate committees of Congress
the results of the assessment made pursuant to subparagraph (B). Such report
shall include—
(i) the
Director’s findings pursuant to subparagraph (B);
(ii) the
amount of the per capita grant that will be provided beginning on the first day
of the first fiscal year that begins after the date of enactment of this Act;
and
(iii) a
summary of the views expressed by the entities described in subparagraph
(C).
(E)
Grant amount in
absence of report
If for any reason the report described in
subparagraph (D) is not filed with the appropriate committees of the Congress
on or before the required date for the submission of such report, the per
capita matching grant amount for the first fiscal year that begins after the
date of enactment of this Act shall be set at the amount set for such grant on
September 30 of the previous fiscal year and prorated to reflect a 180- to
240-day grant period.
11.
Domestic
Emergency Refugee Resettlement Fund
(a)
In
general
There is established a Domestic Emergency Refugee
Resettlement Fund that shall be available to the Director of the Office of
Refugee Resettlement to meet unanticipated resettlement needs.
(b)
Drawdown of
funds
Whenever the Director determines it to be important to the
national interest, the Director is authorized to furnish on such terms and
conditions as the Director may determine, assistance under this chapter for the
purpose of meeting unexpected urgent resettlement needs of populations and
communities served pursuant to this chapter, including communities experiencing
high numbers of arrivals of refugees due to secondary migration.
(c)
Allowable
uses
The Director may furnish assistance to eligible entities for
the purposes of providing resettlement assistance to refugees, including
transportation, housing, employment, health, mental health, English language
training services, recertification, and other purposes as determined by the
Director.
(d)
Eligible
entities defined
National resettlement agencies, community-based
organizations, torture survivor rehabilitation centers and programs, and
States.
(e)
Congressional
notification
No amounts may be withdrawn from the fund authorized
by subsection (a) unless the Director has determined that a domestic
resettlement emergency exists and has certified such fact to appropriate
committees of Congress.
(f)
Cap on
fund
No funds may be appropriated which when added to the amounts
previously appropriated but not yet obligated, would cause such amounts to
exceed $50,000,000.
(g)
Authorization of
appropriations
Funds appropriated pursuant to this section shall
be available until expended.
12.
Supplemental
Security Income benefits
Section 402(a)(2) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)(2)) is amended—
(1) by amending
subparagraph (A) to read as follows:
(A)
Exception for
refugees and asylees
With respect to the specified Federal
programs described in paragraph (3), paragraph (1) shall not apply to—
(i) an
alien admitted to the United States as a refugee under section 207 of the
Immigration and Nationality Act 8 U.S.C. 1157;
(ii) an alien granted
asylum under section 208 of such Act 8 U.S.C. 1158;
(iii) an alien whose
deportation is withheld under section 243(h) of such Act 8 U.S.C. 1253 (as in
effect immediately before the effective date of section 307 of division C of
Public Law 104–208) or section 241(b)(3) of such Act 8 U.S.C. 1231(b)(3) (as
amended by section 305(a) of division C of Public Law 104–208);
(iv) an alien who is
granted status as a Cuban and Haitian entrant (as defined in section 501(e) of
the Refugee Education Assistance Act of 1980); or
(v) an
alien who is admitted to the United States as an Amerasian immigrant pursuant
to section 584 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law
100–202 and amended by the 9th proviso under migration and refugee assistance
in title II of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989, Public Law 100–461, as
amended).
;
and
(2) by adding at the
end the following:
(N)
SSI benefits for
certain aliens and victims of trafficking
Beginning on the date of the enactment of
this subparagraph, any qualified alien (as defined in section 431(b)), victim
of trafficking in persons (as defined in section 107(b)(1)(C) of division A of
the Victims of Trafficking and Violence Protection Act of 2000 (Public Law
106–386)), or alien granted status under section 101(a)(15)(T)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)(ii)) rendered
ineligible for the specified Federal program described in paragraph (3)(A)
solely by reason of the termination of the 7-year period described in
subparagraph (A) prior to the enactment of this subparagraph shall be eligible
for benefits under such program without regard to subparagraph
(A).
.
13.
Making special
immigrant juvenile status beneficiaries and unaccompanied children granted
U visa protection eligible for foster care and refugee
benefits
(a)
In
general
Section 235(d)(4) of
the William Wilberforce Trafficking Victims Protection Reauthorization Act of
2008 (8 U.S.C. 1232(d)(4)) is amended—
(1) in subparagraph
(A)—
(A) by striking
either;
(B) by striking
or who and inserting a comma;
(C) by inserting
, or has been granted status under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) before
, shall; and
(D) by striking
be eligible for and inserting receive; and
(2) in subparagraph
(B), by inserting or status under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)), after
(8 U.S.C. 1101(a)(27)(J)).
(b)
Eligibility for
benefits and services
Section 107(b)(1)(A) of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7105(b)(1)(A)) is
amended by inserting , an alien who has been granted special immigrant
status under section 101(a)(27)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)), a child who has been granted status under section
101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15(U)), after trafficking in persons,.
(c)
State
reimbursement
Subject to the availability of funds appropriated
for this purpose, if State foster care funds are expended on behalf of a child
who has been granted special immigrant status under section 101(a)(27)(J) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), the Federal
Government shall reimburse the State in which the child resides for such
expenditures by the State.