,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gjec ,,in ,,the ,,house ,,of ,,representatives ,may #bh1 #bjbj,mr4 ,lowenthal 7for himself1 ,ms4 ,norton1 ,mr4 ,correa1 ,mr4 ,khanna1 ,mr4 ,rouda1 ,mr4 ,vargas1 ,ms4 ,lee of ,california1 ,mr4 ,johnson of ,georgia1 and ,mr4 ,connolly7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to defer removal of certain nationals of ,vietnam for a #bd-month period1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,honor ,our ,commitment ,act of #bjbj4 #b4 ,findings ,congress finds as follows3 7#a7 ,from ,april-,september #aige1 the ,united ,states conducted ,operation ,new ,arrival to relocate #acj1jjj ,vietnamese refugees to the ,united ,states following the end of the ,vietnam ,war4 7#b7 ,during this time1 more than #ej1jjj ,vietnamese refugees were processed through ,camp ,pendleton for ,southern ,california4 7#c7 ,in the #d decades since refugees fled ,vietnam1 ,vietnamese ,americans have weaved their stories into the ,american fabric4 7#d7 ,the biggest concentration of ,vietnamese ,american is in ,orange ,county1 ,california1 followed by ,san ,jose 7,california71 ,houston 7,texas71 ,seattle 7,washington71 ,northern ,virginia1 and ,new ,orleans 7,louisiana74 7#e7 ,according to the #bjaj census1 ,vietnamese is the #fth most commonly spoken language in the ,united ,states4 7#f7 ,immigrant communities face significant problems assimilating as a result of the trauma of war4 ,a #bjah study published by ,rashmi ,gangamma and ,daran ,shipman in the ,journal of ,marital and ,family ,therapy noted that the traumatic nature of 7immigrant's7 forced displacement flight1 and resettlement can increase vulnerability to mental distress44 ,first generation immigrants are especially vulnerable to gang violence within communities in which their parents cannot guide with cultural or political comfortability4 7#g7 ,in #bjjh1 the ,united ,states and ,vietnam signed a bilateral repatriation agreement1 hereafter known as the #bjjh ,vietnam-,u4,s4 ,memorandum of ,understanding 7,,mou74 7#h7 ,according to ,section #b1 ,article #b of the #bjjh ,vietnam-,u4,s4 ,,mou1 ,vietnamese citizens are not subject to return to ,vietnam under this ,agreement if they arrived in the ,united ,states before ,july #ab1 #aiie1 the date on which diplomatic relations were re-established between the ,u4,s4 ,government and the ,vietnamese ,government4 ,the ,u4,s4 ,government and the ,vietnamese ,government maintain their respective legal positions relative to ,vietnamese citizens who departed ,vietnam for the ,united ,states prior to that date4 7#i7 ,the ,united ,states under ,president ,george ,bush and ,president ,barack ,obama recognized the #bjjh ,vietnam-,u4,s4 ,,mou's protection for pre-#aiie refugees from deportation4 7#aj7 ,in #bjai1 ,president ,trump's ,administration began to renegotiate the #bjjh ,vietnam-,u4,s4 ,,mou to expand the categories of immigrants it could deport1 including permanent residents who have committed certain minor crimes and others who came to the ,united ,states as children after the ,vietnam ,war4 7#aa7 ,in ,february #bjah1 ,asian ,americans ,advancing ,justice's ,asian ,law ,caucus in ,san ,francisco1 ,los ,angeles1 and ,atlanta filed a class action lawsuit in the name of ,orange ,county resident ,hoang ,trinh and six other refugees who all came to the ,u4,s4 before the #aiie date and became legal permanent residents4 ,due to criminal convictions1 they all lost their green cards1 making them subject to deportation4 ,under the #bjjh ,vietnam-,u4,s4 ,,mou1 they should be protected from deportation4 ,the refugees were held in prolonged detention in violation of a #bjja ,u4,s4 ,supreme ,court decision restricting overlong detention4 7#ab7 ,in ,august #bjah1 ,u4,s4 ,district ,judge ,cormac ,carney ruled that the plaintiffs in the class action presented a plausible claim that the government is now not abiding by a longstanding practice of not removing pre-#aiie ,vietnamese immigrants and by the #bjjh diplomatic agreement44 #c4 ,deferral of removal for nationals of ,vietnam 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 ,vietnam2 7#b7 has been ordered removed to ,vietnam at any time before the date of enactment of this ,act2 and 7#c7 resided in the ,united ,states on or before ,july #ab1 #aiie4 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 or 7#b7 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 #d4 ,notice for certain aliens with removal orders to ,vietnam 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 ,vietnam2 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 #e4 ,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 #f4 ,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 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