,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gefi ,,in ,,the ,,house ,,of ,,representatives ,july #i1 #bjbj ,ms4 ,wilson of ,florida 7for herself and ,ms4 ,escobar7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to temporarily suspend certain immigration enforcement activities during disease-related emergencies4 #a4 ,short title ,this ,act may be cited as the ,immigration ,enforcement ,moratorium ,act4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 during the ,,covid-#ai pandemic1 many immigration enforcement activities have needlessly endangered public health1 including the health of enforcement officers and members of the community2 7#b7 continued arrests and apprehensions-- 7,a7 prevent immigrant communities from accessing necessary services for their health and well being2 and 7,b7 risk increasing the immigration detention population at a time when the number of people in immigration detention must urgently be reduced2 7#c7 ,department of ,homeland ,security medical experts estimate that between #ge and #ajj percent of the people detained in many immigration detention centers across the country may contract ,,covid-#ai unless such centers are drastically depopulated2 7#d7 other in-person activities1 including check-ins and removal hearings1 create significant public health risks2 7#e7 the ,national ,association of ,immigration ,judges1 a union of ,u4,s4 ,immigration and ,customs ,enforcement trial attorneys1 and the ,american ,immigration ,lawyers ,association have all urged the ,department of ,justice to cease all in-person removal proceedings1 citing expert guidance that continuing in-person removal proceedings during the pandemic is irresponsible2 7#f7 deportations risk spreading ,,covid-#ai to neighboring countries1 where the virus will devastate already limited health systems and create untold harm2 7#g7 the ,united ,states has already sent individuals who tested positive for ,,covid-#ai to at least #h countries2 7#h7 a consortium of ,united ,nations migration and human rights organizations has called on all countries in the global community to halt all forced removals during the pandemic1 noting that forced returns can intensify serious public health risks for everyone--migrants1 public health officials1 health workers1 social workers1 and both host and origin communities2 7#i7 expulsions at the border-- 7,a7 violate longstanding1 congressionally mandated protections for asylum seekers2 and 7,b7 fail to protect public health2 7#aj7 the ,office of the ,united ,nations ,high ,commissioner for ,refugees has declared that-- 7,a7 countries cannot enact blanket measures to preclude the admission of refugees or asylum-seekers2 and 7,b7 any such measures must be non-discriminatory as well as necessary1 proportionate and reasonable to the aim of protecting public health2 7#aa7 leading public health experts have urged ,united ,states officials to withdraw the order enabling mass expulsion of asylum seekers1 noting border expulsions fail to further public health and implicate serious human rights concerns2 7#ab7 border crossing prosecutions have been suspended in several border districts because they are incompatible with public health2 7#ac7 the ,department of ,homeland ,security continues to refer people for prosecutions in some districts for violations of section #bgf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbf72 and 7#ad7 people continue to be unnecessarily held in pre-trial detention facilities where ,,covid-#ai has spread4 #c4 ,temporary suspension of immigration enforcement 7a7 ,definitions ,in this section3 7#a7 ,noncitizen ,the term noncitizen means any individual who is not a citizen or national of the ,united ,states4 7#b7 ,public health emergency ,the term public health emergency means-- 7,a7 a national emergency involving ,federal primary responsibility determined to exist by the ,president under section #eja7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7;b77 with respect to a communicable disease2 7,b7 a national emergency declared by the ,president under sections #bja and #cja of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afba and #afca7 with respect to a communicable disease2 7,c7 a national public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 or 7,d7 a global pandemic declared by the ,world ,health ,organization4 7b7 ,suspended immigration enforcement activities 7#a7 ,in general ,except as provided in subsection 7d71 during a public health emergency1 the ,secretary of ,homeland ,security shall suspend all immigration enforcement-related activities in the ,united ,states1 including-- 7,a7 removals of noncitizens from the ,united ,states2 7,b7 arrests and apprehensions by ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection of noncitizens who are physically present in the ,united ,states2 7,c7 required meetings with ,enforcement and ,removal ,operations 7commonly known as ,,ice check-ins72 7,d7 service of ,notices to ,appear2 and 7,e7 referrals for prosecution under section #bge or #bgf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe and #acbf74 7#b7 ,individuals in detention who have received removal orders ,notwithstanding section #bda7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#b771 individuals in detention who have received removal orders shall be released on orders of supervision4 7c7 ,border processing 7#a7 ,in general ,notwithstanding section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7 or any other provision of law1 any noncitizen applying for admission at a port of entry on or after the date on which the public health emergency went into effect who is deemed inadmissible or who is apprehended by ,u4,s4 ,customs and ,border ,protection within #ad days after crossing the international border into the ,united ,states without authorization on or after the date on which the public health emergency went into effect1 shall1 if he or she presents a claim to relief under the immigration laws and is not otherwise subject to the exception described in subsection 7d71 be paroled into the ,united ,states pursuant to section #bab7;d77#e77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77;,a774 7#b7 ,removal proceedings ,if the ,department of ,homeland ,security initiates removal proceedings against a noncitizen described in paragraph 7#a71 such proceedings shall take place in accordance with section #bdj 7#h ,u4,s4,c4 #abbi;a74 7d7 ,exception 7#a7 ,in general ,subsection 7b7 and the parole provision under subsection 7c7 shall not apply if the ,federal official authorized to carry out an immigration enforcement activity described in either such subsection has clear and convincing evidence1 based on credible and individualized information1 that the noncitizen is a threat to another person or the community4 7#b7 ,prior conviction ,a prior conviction or pending criminal charge against the noncitizen described in paragraph 7#a7 may not be the sole factor to justify carrying out an otherwise prohibited immigration enforcement activity described in subsection 7b7 or granting parole pursuant to subsection 7c74 7#c7 ,judicial review ,a noncitizen described in paragraph 7#a7 is entitled to immediate de novo review of the ,federal official's determination in-- 7,a7 the ,united ,states ,district ,court for the ,district of ,columbia2 or 7,b7 any ,federal district court satisfying the venue requirements described in section #acia of title #bh1 ,united ,states ,code4 7e7 ,unlawful presence ,during the public health emergency1 the accrual of unlawful presence under subparagraphs 7,b77i77,i7 and 7,c77i77,i7 of section #bab7;a77#i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77 shall be suspended for any noncitizen who resided in the ,united ,states on or before the date on which the public health emergency went into effect4 7f7 ,immigration court proceedings ,during the period beginning on the date on which a public health emergency is in effect in any ,state or territory of the ,united ,states and ending on the date that is #cj days after the date on which the public health emergency is terminated1 the ,attorney ,general shall-- 7#a7 suspend all in-person immigration court proceedings2 7#b7 establish a procedure for conducting custody determination hearings for detained individuals to appear telephonically or by video teleconference1 which shall permit-- 7,a7 attorneys and representatives to appear telephonically or by video teleconference2 and 7,b7 supporting documents to be faxed1 emailed1 or otherwise electronically transmitted to the appropriate court clerk2 7#c7 suspend all immigration court proceedings not described in paragraph 7#b71 except that cases involving individuals who are detained may proceed if the respondent and his or her counsel or representative requests in writing that the immigration court proceedings move forward telephonically or by video teleconference2 7#d7 issue a blanket extraordinary circumstances exception for #a year asylum filing deadlines2 and 7#e7 toll any deadline imposed by statute1 regulation1 local rule1 standing order1 or policy guidance requiring the appearance or other action by the respondent unless the respondent or the respondent's counsel or legal representative submits a written request to the contrary4 7g7 ,limitation on use of ,federal funds for reliance on ultra-,vires authority ,federal funds may not be used by the ,department of ,homeland ,security to expel1 pursuant to section #cfb or #cfe of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfe and #bfh71 any noncitizen who-- 7#a7 is present in the ,united ,states2 7#b7 entered or is entering the ,united ,states at a port of entry2 or 7#c7 crossed or is crossing the ,united ,states border between ports of entry4 7h7 ,duration 7#a7 ,in general ,subsections 7b71 7c71 7e71 and 7f7 shall remain in effect throughout the duration of a public health emergency and for at least #cj days after the public health emergency is no longer in effect4 7#b7 ,removals ,if an emergency referred to in subsection 7a77#b77;,d7 is declared1 removals shall further remain suspended to a receiving country until the ,secretary of ,homeland ,security and the ,secretary of ,state each certify in writing to ,congress that the country-- 7,a7 has demonstrated evidence of diminishing cases and risk of community transmission2 and 7,b7 has public health infrastructure that is able to adequately handle the return of its nationals4 7i7 ,savings provision ,nothing in this section may be construed to alter the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7,public ,law #aaj-deg74