,i #aafth ,,congress #b;d ,session ,h4 ,r4 #egfg ,,in ,,the ,,house ,,of ,,representatives ,february #e1 #bjbj,ms4 ,omar 7for herself1 ,ms4 ,bass1 ,mr4 ,neguse1 ,mr4 ,payne1 ,ms4 ,norton1 ,mr4 ,mc,govern1 ,mr4 ,carson of ,indiana1 ,ms4 ,clarke of ,new ,york1 ,ms4 ,jayapal1 ,mr4 ,johnson of ,georgia1 ,ms4 ,mc,collum1 ,ms4 ,jackson ,lee1 ,mr4 ,grijalva1 ,mr4 ,khanna1 ,ms4 ,pressley1 ,mr4 ,horsford1 ,ms4 ,tlaib1 ,ms4 ,ocasio-,cortez1 ,mrs4 ,watson ,coleman1 ,ms4 ,scanlon1 ,ms4 ,schakowsky1 ,mr4 ,smith of ,washington1 ,mr4 ,gomez1 ,mr4 ,engel1 ,mr4 ,espaillat1 ,ms4 ,lee of ,california1 ,mr4 ,rush1 ,mr4 ,raskin1 ,ms4 ,craig1 ,mr4 ,phillips1 and ,mr4 ,clay7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to defer the removal of certain ,eritrean nationals for a #bd-month period1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,eritrean ,nationals' ,safety from ,unjust ,removal or ,expulsion ,act or the ,,ensure ,act of #bjbj4 #b4 ,findings ,congress finds the following3 7#a7 ,there are #gjj ,eritrean nationals living in the ,united ,states who have final orders of removal4 7#b7 ,in ,september #bjag1 the ,secretary of ,homeland ,security announced visa sanctions to encourage certain recalcitrant countries1 including ,eritrea1 to accept the respective nationals from such countries who are subject to final orders of removal from the ,united ,states4 7#c7 ,eritrea has generally declined to issue travel documents to accept such nationals upon removal from the ,united ,states but has begun to issue such documents due to the threat of visa sanctions from the ,united ,states4 7#d7 ,the human rights crisis and humanitarian situation in ,eritrea has resulted in extraordinary conditions that have driven nationals to flee the country and prevented such nationals from safely returning to ,eritrea4 7#e7 ,conditions in ,eritrea have been historically dangerous and oppressive for certain groups that frequently suffer state reprisal1 including individuals who have fled ,eritrea to evade indefinite military service and arbitrary detention1 conscientious objectors1 opponents of political leaders in ,eritrea1 journalists1 and religious minorities4 7#f7 ,if returned to ,eritrea after removal from the ,united ,states1 many ,eritrean nationals that belong to such groups may face persecution1 torture1 or death4 7#g7 ,eritrean nationals who are removed from the ,united ,states are also at a particular risk of state reprisal for leaving in the first place4 7#h7 ,the most recent report of the ,united ,nations ,special ,rapporteur on the situation of human rights in ,eritrea assessed current country conditions as grim1 with arbitrary arrests1 detentions1 tortures1 disappearances1 and extrajudicial executions occurring regularly4 7#i7 ,human rights violations1 including indefinite military service1 overcrowding in prolonged1 unsanitary detention1 and an overall lack of freedom of movement and expression1 persist in ,eritrea1 contributing to the mass exodus from the country4 7#aj7 ,united ,nations ,special ,rapporteurs in ,eritrea have determined that this situation is forcing many ,eritrean nationals to choose between enslavement if they stay in ,eritrea or death if they attempt to leave ,eritrea4 7#aa7 ,the most recent ,state ,department report on human rights practices in ,eritrea warns that many citizens who have fled ,eritrea 8remain in self-imposed exile due to their religious and political views and fear that they would be conscripted into national service if returned10 which may result in torture and death4 7#ab7 ,in order to begin to restore immigration relations with the ,united ,states1 ,eritrea will need to adopt accountability measures that ensure that ,eritrean nationals returned to ,eritrea do not face state reprisal4 7#ac7 ,in #bjah1 the co-chairs of the ,tom ,lantos ,human ,rights ,commission reiterated these concerns in a bipartisan delegation letter to the ,secretary of ,state1 urging the ,department of ,state to ensure human rights objectives were taken into consideration when resetting any relations or policies toward ,eritrea4 7#ad7 ,in #bjag1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement sought to remove approximately #gjj ,eritrean nationals from the ,united ,states4 7#ae7 ,without enough time to seek immigration assistance based on country conditions in ,eritrea1 and without careful consideration for each case1 ,eritrean nationals could be removed to face persecution1 torture1 or death before such ,eritreans receive fair adjudication of eligibility for relief under current law and in light of present facts4 7#af7 ,deferring removal of ,eritrean nationals for #bd months would give-- 7,a7 such ,eritreans1 who have not had the time or resources to seek sufficient immigration assistance or legal counsel based on the unique circumstances described in this section1 time to seek such assistance or counsel2 7,b7 immigration judges and authorities the time to fully understand the dire human rights crisis and humanitarian situation in ,eritrea2 and 7,c7 the ,government of ,eritrea time to start to reform the security of ,eritrea and address human rights abuses within ,eritrea1 including preventing indefinite military service1 arbitrary and prolonged detention1 and general persecution of the ,eritrean people4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 ,eritrean nationals should not be deported to ,eritrea if such nationals face persecution1 torture1 or death2 7#b7 due to the horrific conditions in ,eritrea1 including conditions listed under section #b1 and the substantial increase in removal orders for ,eritrean aliens in the ,united ,states1 it would both be unfair and dangerous to deport ,eritreans without ensuring that each case is carefully considered or1 if applicable1 reconsidered based on current country conditions in ,eritrea2 and 7#c7 the removal of ,eritrean 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 conditions in ,eritrea4 #d4 ,deferral of removal for ,eritrean nationals with removal orders 7a7 ,in ,general ,subject to subsection 7b71 an alien may not be removed during the #bd-month period beginning on the date of the enactment of this ,act if the alien-- 7#a7 is a national of ,eritrea2 7#b7 has been ordered removed to ,eritrea at any time before the date of the enactment of this ,act2 and 7#c7 has been continuously physically present in the ,united ,states since the effective date of the enactment of this ,act4 7b7 ,employment authorizations ,upon application to the ,secretary of ,homeland ,security1 an alien whose removal is deferred pursuant to this ,act shall be authorized to engage in employment during the #bd-month period described in subsection 7a71 provided that-- 7#a7 the alien is not subject to extradition by an international tribunal or by a country with a treaty of extradition with the ,united ,states 7except the alien shall not be extradited to ,eritrea72 or 7#b7 if the alien is subject to extradition under paragraph 7#a7 due to an accusation of torture1 crimes against humanity1 war crimes1 or genocide1 the ,secretary of ,state and the ,attorney ,general certify that such accusation is not credible with respect to the alien4 #e4 ,notice for certain aliens with removal orders to ,eritrea 7a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall provide notice of the provisions of this ,act to each alien described in section #d7;a74 7b7 ,contents of notice ,the notice required under subsection 7a7 shall include clear instructions explaining how an alien may 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 current country conditions4 #f4 ,prohibition on detention ,the ,secretary of ,homeland ,security may not detain an alien whose removal is deferred pursuant to this ,act based upon-- 7#a7 the immigration status of such alien in the ,united ,states2 or 7#b7 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 #h4 ,reports 7a7 ,report regarding asylum and refugee seekers ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 shall submit to ,congress a report that includes-- 7#a7 the number of ,eritrean nationals who-- 7,a7 have been removed upon an order of the ,attorney ,general from the ,united ,states each fiscal year beginning on ,september #a1 #bjai1 through the present fiscal year2 7,b7 are-- 7i7 currently in the ,united ,states2 7ii7 in detention by the ,attorney ,general2 7iii7 under final orders of removal from the ,united ,states2 or 7iv7 the subject of a request from the head of ,u4,s4 ,immigration and ,customs ,enforcement to the ,government of ,eritrea for travel documents2 7,c7 applied for status as a refugee under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg71 including the number of ,eritrean nationals who were granted such status2 or 7,d7 applied for asylum under section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh71 including the number of ,eritrean nationals who were granted such status2 7#b7 with respect to ,eritrean nationals identified pursuant to paragraph 7#a77;,a71 the names of each such country that such nationals were removed to2 and 7#c7 with respect to ,eritrean nationals identified pursuant to paragraph 7#a71 the number of ,eritrean nationals that qualify under #b or more of the requirements under paragraph 7#a74 7b7 ,report on the safety of ,eritrean nationals removed from the ,united ,states ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 shall submit to ,congress a report describing how the ,federal ,government is ensuring the safety of ,eritrean nationals removed from the ,united ,states to another country4