,i #aafth ,,congress #ast ,session ,h4 ,r4 #becg ,,in ,,the ,,house ,,of ,,representatives ,may #g1 #bjai,mr4 ,levin of ,michigan 7for himself1 ,mr4 ,harder of ,california1 ,mr4 ,crdenas1 ,mr4 ,vargas1 ,mrs4 ,davis of ,california1 ,ms4 ,norton1 ,mr4 ,johnson of ,georgia1 ,mr4 ,mc,govern1 ,mr4 ,bergman1 ,mr4 ,huizenga1 ,mr4 ,moolenaar1 ,mr4 ,kildee1 ,mr4 ,upton1 ,mr4 ,walberg1 ,ms4 ,slotkin1 ,ms4 ,stevens1 ,mrs4 ,dingell1 ,ms4 ,tlaib1 ,mrs4 ,lawrence1 ,mr4 ,fortenberry1 ,mr4 ,green of ,texas1 and ,mr4 ,amash7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to defer removal of certain nationals of ,iraq for a #bd-month period1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,deferred ,removal for ,iraqi ,nationals ,including ,minorities ,act of #bjai4 #b4 ,findings ,congress finds the following3 7#a7 ,there are over #a1jjj ,iraqi nationals living in the ,united ,states who have been ordered removed4 ,over the past three decades1 ,iraq has generally declined permission for repatriation of its nationals1 so that many ,iraqis who were ordered removed could not be repatriated4 ,as a result1 the removal orders for many ,iraqis are years or decades old1 and are not based on current country conditions4 7#b7 ,conditions in ,iraq have worsened dramatically since these removal orders were entered4 ,removal orders entered years or decades ago do not reliably indicate whether an ,iraqi is currently removable based on current country conditions and current law4 ,iraq's humanitarian1 security1 and refugee crisis has resulted in extraordinary conditions that today prevent many ,iraqi nationals from safely returning to ,iraq4 ,many ,iraqis with removal orders will face persecution1 torture1 or death if removed4 ,they are therefore now eligible for immigration relief that was unavailable when they were originally ordered removed4 7#c7 ,the ,u4,s4 ,state ,department currently warns against any travel to ,iraq due to terrorism1 kidnapping1 and armed conflict4 7#d7 ,the most recent ,state ,department report on human rights practices in ,iraq warns of unlawful or arbitrary killings by some members of the ,iraq ,security ,forces 7in this ,act referred to as ,,isf71 particularly ,iran-aligned elements of the ,popular ,mobilization ,forces 7in this ,act referred to as ,,pmf72 forced disappearances2 torture2 arbitrary detention2 harsh and life-threatening prison and detention center conditions2 arbitrary or unlawful interference with privacy2 restrictions on free expression1 the press1 and the internet1 including censorship1 site blocking1 and criminal libel2 legal restrictions on freedom of movement of women2 widespread official corruption2 unlawful recruitment or use of child soldiers by ,iran-aligned elements of the ,,pmf that operate outside government control2 trafficking in persons2 criminalization of lesbian1 gay1 bisexual1 transgender1 and intersex 7in this ,act referred to as ,,lgbti7 status or conduct2 violence targeting ,,lgbti persons2 threats of violence against internally displaced persons 7in this ,act referred to as ,i,d,ps7 and returnee populations perceived to have been affiliated with ,,isis2 and restrictions on worker rights1 including restrictions on formation of independent unions and reports of child labor4 7#e7 ,iraqis who are removed to ,iraq are also at particular risk if they are perceived as ,american or affiliated with the ,united ,states1 which is the case for the vast majority of ,iraqis facing removal1 since most have lived in the ,united ,states for many years4 ,iraqis who have family or employment ties in the ,united ,states face heightened risks within ,iraq on the basis of their perceived loyalty to the ,united ,states4 ,for more than a decade1 groups hostile to the ,united ,states have persecuted and tortured extended family on account of a single family member's affiliation with the ,united ,states through employment or family ties4 ,in #bjjg1 ,congress specifically created a refugee program for ,iraqis affiliated with the ,united ,states because of the dangers facing ,iraqis who have allied themselves with the ,united ,states4 7#f7 ,noncitizens previously ordered removed have a right to seek immigration relief based on current country conditions4 7#g7 ,in the summer of #bjag1 ,u4,s4 ,immigration and ,customs ,enforcement sought to remove many ,iraqi nationals1 eventually detaining over #cjj4 ,as a result of litigation1 most of those detained ,iraqis were able to seek immigration relief based on current country conditions4 ,once they were able to access the immigration court system1 a large majority won motions to reopen their cases so that their eligibility for relief can be determined based on current country conditions4 ,while most of the cases remain in process1 many of these ,iraqis have won merits relief1 including withholding or deferral of removal under the ,immigration and ,nationality ,act or ,convention ,against ,torture1 asylum1 reinstatement of their status as lawful permanent residents1 and naturalization4 7#h7 ,there are an estimated #a1jjj ,iraqis who have not yet been able to seek immigration relief based on current country conditions4 ,due to the complexity of the required legal filings and the backlogs in the immigration courts it can take several years for an individual to seek to reopen their immigration case and have their eligibility for immigration relief decided on the merits4 7#i7 ,without sufficient time to seek immigration relief based on current country conditions1 ,iraqis could be removed to persecution1 torture1 or death before they receive an individualized adjudication of their eligibility for relief in light of current law and current facts4 7#aj7 ,deferring removals #bd months would allow ,iraqis who have not yet done so time to seek immigration relief based on changed country conditions4 #c4 ,sense of ,congress ,it is the sense of the ,congress that-- 7#a7 ,iraqis should not be deported if they face persecution1 torture1 or death2 7#b7 because of changing country conditions in ,iraq and the age of the ,iraqis' removal orders1 it would be both unfair and dangerous to deport ,iraqis without ensuring that their cases will be individually considered based on current country conditions2 and 7#c7 the removal of ,iraq nationals described in section #d should be deferred for a period of #bd months1 at the end of which ,congress should have the opportunity to reevaluate country conditions in ,iraq4 #d4 ,deferral of removal for nationals of ,iraq with removal orders 7a7 ,deferral of removal ,except as provided in subsection 7b71 an alien may not be removed for the #bd-month period beginning on the date of enactment of this ,act if the alien-- 7#a7 is a national of ,iraq2 7#b7 has been ordered removed to ,iraq at any time before the date of enactment of this ,act2 and 7#c7 resided in the ,united ,states on or before ,january #a1 #bjad4 7b7 ,deferral not applicable to certain aliens ,subsection 7a7 shall not apply to an alien if-- 7#a7 the ,secretary of ,homeland ,security determines that the alien's removal is necessary based upon credible facts that the alien is directly responsible for specific and significant harm to the security of the ,united ,states2 7#b7 the alien voluntarily returns to ,iraq2 or 7#c7 the alien is subject to extradition4 7c7 ,employment authorization ,upon application to the ,secretary of ,homeland ,security1 an alien whose removal is deferred pursuant to this ,act-- 7#a7 shall be authorized to engage in employment during the #bd-month period described in subsection 7a72 and 7#b7 shall be issued an employment authorization document that remains valid during such period4 7d7 ,implementation ,the ,secretary of ,homeland ,security shall take the necessary steps to implement-- 7#a7 the deferral of removal authorized under this section2 and 7#b7 the authorization of employment described in subsection 7c74 #e4 ,notice for certain aliens with removal orders to ,iraq 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall provide notice of the provisions of this ,act to each alien who-- 7#a7 is a national of ,iraq2 and 7#b7 has a final order of removal4 7b7 ,contents of notice ,the notice required under subsection 7a7 shall include clear instructions explaining the requirements for an alien to file a motion to reopen a proceeding under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7 based on changed country conditions4 #f4 ,prohibition on detention ,the ,secretary of ,homeland ,security may not detain an alien whose removal is deferred pursuant to this ,act on the basis of the alien's immigration status in the ,united ,states or as a result of a motion filed by the alien to reopen a proceeding under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a74 #g4 ,judicial review 7a7 ,review ,notwithstanding any other provision of law1 an individual or entity who has been harmed by a violation of this ,act may file an action in an appropriate district court of the ,united ,states to seek declaratory or injunctive relief4 7b7 ,rule of construction ,nothing in this ,act may be construed to preclude an action filed pursuant to subsection 7a7 from proceeding as a class action 7as such term is defined in section #agaa of title #bh1 ,united ,states ,code74