,,ii #aagth ,,congress #b;d ,session ,s4 #eccj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ba1 #bjbb,mr4 ,cardin introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to protect stateless persons in the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stateless ,protection ,act of #bjbb4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to resolve the status of stateless persons in the ,united ,states and to promote their access to fundamental human rights and human dignity2 and 7#b7 to prevent statelessness from occurring under ,united ,states law or on ,united ,states territory4 #c4 ,findings2 sense of ,congress 7a7 ,findings ,congress makes the following findings3 7#a7 ,the international community has recognized the significance of the right to a nationality in the ,international ,covenant on ,civil and ,political ,rights1 done at ,new ,york ,december #af1 #aiff1 to which the ,united ,states is a signatory1 as well as the ,universal ,declaration of ,human ,rights and numerous international treaties1 including the ,convention ,relating to the ,status of ,stateless ,persons1 done at ,new ,york ,september #bh1 #aied1 and the ,convention on the ,reduction of ,statelessness1 done at ,new ,york ,august #cj1 #aifa4 7#b7 ,statelessness is an abhorrent violation of fundamental human rights and human dignity1 and a life of statelessness has been recognized by the ,supreme ,court of the ,united ,states as a form of punishment more primitive than torture4 7#c7 ,government action and inaction causes statelessness2 therefore1 governments have the power to resolve and prevent statelessness4 7#d7 ,the ,united ,nations ,high ,commissioner for ,refugees-- 7,a7 is the ,united ,nations agency responsible for preventing and reducing statelessness2 and 7,b7 estimates that there are more than #d1bjj1jjj stateless persons worldwide4 7#e7 ,a #bjbj study found that there are approximately #bah1jjj individuals living in the ,united ,states who are stateless or at risk of statelessness4 7#f7 ,stateless individuals live in all #ej ,states1 and many such individuals have lived in the ,united ,states for years or decades without relief4 7#g7 ,despite the presence of stateless persons in the ,united ,states1 there is no law relating to the identification of stateless persons in the ,united ,states or to provide them with a path to legal status4 7#h7 ,stateless persons generally-- 7,a7 live without the means to work legally or to travel2 and 7,b7 face barriers in opening bank accounts1 pursuing higher education1 and obtaining health care4 7#i7 ,if detained for removal from the ,united ,states1 a stateless person is often subjected to prolonged detention and cannot be removed because no country recognizes the person as its citizen4 7b7 ,sense of ,congress ,it is the sense of ,congress that to resolve statelessness and its related human suffering1 lost potential1 and societal impacts1 the ,united ,states should-- 7#a7 provide a legal status to protect stateless persons2 and 7#b7 urge the international community to take strong action to prevent statelessness globally4 #d4 ,protection of stateless persons in the ,united ,states 7a7 ,in general ,chapter #e of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,a the following3 #bde;,b4 ,protection of stateless persons in the ,united ,states 7a7 ,definitions ,in this section3 7#a7 ,competent authority ,with respect to a foreign country1 the term competent authority-- 7,a7 means the authority responsible for-- 7i7 conferring nationality on1 or withdrawing nationality from1 individuals2 or 7ii7 in the case of nationality having been acquired or withdrawn automatically1 clarifying the nationality status of an individual2 and 7,b7 includes a ,federal1 local1 or regional government entity1 a consular official1 and a government official at any level1 notwithstanding any process by which a decision by such an entity or official may later be overridden4 7#b7 ,national2 nationality ,the terms national and nationality-- 7,a7 refer to a formal link1 of a political and legal character1 between an individual and a country2 and 7,b7 do not include the concept of nationality relating to membership in a religious1 linguistic1 or ethnic group4 7#c7 ,noncitizen ,the term noncitizen has the meaning given the term alien in section #aja7;a74 7#d7 ,operation of law2 operation of its law ,the terms operation of law and operation of its law-- 7,a7 refer to the consideration by a competent authority of a country with respect to an individual in practice1 including under the legislation1 ministerial decrees1 regulations1 orders1 judicial case law1 and customary practices of the competent authority2 and 7,b7 include situations in which the position of the competent authority differs from the law as written1 if the position of the competent authority that an individual is not a national of the country is determinative4 7#e7 ,relevant association ,the term relevant association means a natural person's connection to a country through-- 7,a7 birth on the territory of the country2 7,b7 descent from #a or more individuals who are nationals of the country2 7,c7 marriage to an individual who is a national of the country2 7,d7 adoption by an individual who is a national of the country2 or 7,e7 habitual residence in the country4 7#f7 ,stateless person ,the term stateless person means an individual who is not considered as a national by any state under the operation of its law4 7b7 ,mechanisms for regularizing the status of stateless persons 7#a7 ,stateless protected status 7,a7 ,principal applicants ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall provide stateless protected status to a noncitizen who-- 7i7 is a stateless person present in the ,united ,states2 7ii7 applies for such relief2 7iii7 has not formally renounced his or her nationality as a result of voluntary1 affirmative1 and intentional action after arrival in the ,united ,states and after the date of the enactment of this section1 unless the renunciation was the result of duress1 coercion1 or a reasonable expectation that the noncitizen had acquired or would acquire another nationality or citizenship2 7iv7 is not inadmissible under #bab7;a77#c71 except as provided in paragraph 7#b7 of this subsection2 and 7v7 is not described in section #bda7;b77#c77;,b77i74 7,b7 ,treatment of spouse and children ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall provide stateless protected status to a noncitizen who-- 7i7 is the spouse or child of a noncitizen described in subparagraph 7,a71 if such spouse or child is not otherwise eligible for admission under that subparagraph2 7ii7 is accompanying1 or following to join1 such noncitizen2 7iii7 established the qualifying relationship to such noncitizen before the date on which such noncitizen applied for stateless protected status2 7iv7 is not inadmissible under #bab7;a77#c71 except as provided in paragraph 7#b7 of this subsection2 and 7v7 is not described in section #bda7;b77#c77;,b77i74 7,c7 ,stateless protected status ,noncitizens with stateless protected status-- 7i7 shall-- 7,i7 receive relevant protections against deportation1 removal1 and detention1 as described in paragraph 7#c72 7,,ii7 be authorized for employment1 as described in paragraph 7#d72 and 7,,iii7 be eligible to apply for a travel document1 as described in paragraph 7#e72 and 7ii7 shall not face limitations from immigration enforcement officials on their domestic travel4 7,d7 ,concurrent grant of lawful permanent residence 7i7 ,in general ,except as provided in clause 7ii71 notwithstanding any other provision of law1 immediately on granting stateless protected status to a noncitizen1 the ,secretary of ,homeland ,security shall adjust the status of the noncitizen to that of a noncitizen lawfully admitted for permanent residence4 7ii7 ,exception ,the ,secretary of ,homeland ,security may not adjust the status of a noncitizen with stateless protected status who is inadmissible under section #bab7;a77#b74 7#b7 ,waivers 7,a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security may1 for humanitarian purposes1 in the interests of access to fundamental or enabling rights1 to ensure family unity1 or when it is otherwise in the public interest1 waive the operation of the grounds of inadmissibility set forth in paragraphs 7#b7 and 7#c7 of section #bab7;a71 for relief under this section4 7,b7 ,factors ,in making a determination under subparagraph 7,a71 the ,secretary of ,homeland ,security shall consider all relevant factors1 including-- 7i7 mitigating and aggravating factors of the basis for inadmissibility2 7ii7 the duration of the noncitizen's residence in the ,united ,states2 and 7iii7 the degree to which the noncitizen's removal1 or denial of the noncitizen's application1 would adversely affect the noncitizen or the noncitizen's ,united ,states citizen or lawful permanent resident family members4 7#c7 ,release from post-removal detention ,a grant of stateless protected status under this section shall-- 7,a7 trigger immediate release of an individual from post-removal detention2 7,b7 be considered to establish that there is no significant likelihood of the individual's removal in the reasonably foreseeable future2 and 7,c7 establish a presumption that travel documents are not available for the individual4 7#d7 ,employment authorization 7,a7 ,in general ,an individual granted stateless protected status under this section shall receive employment authorization for a renewable period not less than #e years4 7,b7 ,pending application 7i7 ,in general ,during the #aej-;day period after the date on which an application for status under this section is submitted1 the ,secretary of ,homeland ,security may authorize the applicant to engage in employment in the ,united ,states4 7ii7 ,mandatory employment authorization ,if the ,secretary of ,homeland ,security has not issued a decision within the #aej-;day period beginning on the date on which an application for status under this section is submitted1 the ,secretary of ,homeland ,security shall authorize the applicant to engage in employment in the ,united ,states until the date on which a decision is issued on the application for lawful permanent residence or stateless protected status4 7#e7 ,travel documents 7,a7 ,in general ,on request1 the ,secretary of ,homeland ,security shall provide to any noncitizen granted relief under this section1 a travel document that facilitates the noncitizen's ability to travel abroad and to be admitted to the ,united ,states upon return4 7,b7 ,validity ,the minimum period of validity for a document issued under subparagraph 7,a7 shall be #aj years4 7#f7 ,naturalization ,notwithstanding any other provision of law1 an individual granted lawful permanent residence status under paragraph 7#a77;,d7 may apply for naturalization after having resided continuously in the ,united ,states for at least #c years beginning on the date on which such individual is granted lawful permanent resident status4 7c7 ,evidentiary matters 7#a7 ,in general ,in determining if an individual is a stateless person under this section1 the ,secretary of ,homeland ,security shall consider and obtain any credible evidence relevant to the application1 including information from-- 7,a7 the ,department of ,state1 particularly the ,bureau of ,population1 ,refugees1 and ,migration and the ,bureau of ,democracy1 ,human ,rights1 and ,labor2 and 7,b7 relevant international and foreign bodies1 such as the ,united ,nations ,high ,commissioner for ,refugees1 nongovernmental organizations1 and the competent authorities of other countries4 7#b7 ,designation of specific groups of stateless persons ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may designate #a or more specific groups of individuals who shall be considered stateless persons for purposes of this section1 and a noncitizen who belongs to a group so designated shall be considered a stateless person4 7#c7 ,burden of proof ,the burden of proof with respect to evidentiary matters relating to an application under this section shall be shared between the ,secretary of ,homeland ,security and the applicant4 7#d7 ,standard of proof 7,a7 ,in general ,a noncitizen shall be considered to be a stateless person if it is established to a reasonable degree that the noncitizen meets the definition of the term stateless person under this section4 7,b7 ,assessment of nationality ,the nationality of an individual shall be assessed as of the date on which a determination of eligibility under this section is made4 7#e7 ,submission of documentary evidence 7,a7 ,supporting documents from applicant ,an applicant for relief under this section shall submit1 as part of the application for such relief-- 7i7 a full and truthful account1 to the best of the noncitizen's knowledge1 of such noncitizen's legal status with regard to any country in which the applicant was born or resided before entering the ,united ,states or to which the applicant has a relevant association2 and 7ii7 all evidence reasonably available1 including any valid or expired travel document4 7,b7 ,evidence available to secretary of homeland security ,the ,secretary of ,homeland ,security shall obtain and submit to the immigration officer or immigration judge and the applicant or1 as applicable1 the applicant's counsel1 all available evidence regarding the legal status of the applicant in the applicant's country of birth or prior residence or any country to which the applicant has a relevant association1 including information on the relevant laws and practices of the countries concerned4 7,c7 ,consideration of response ,the ,secretary of ,homeland ,security may consider as substantial evidence that an individual is not considered by a country to be national of the country the following3 7i7 ,after #abj days have elapsed after the ,secretary of ,homeland ,security has requested information from the country with respect to the nationality status of the individual1 the lack of response from the competent authority of the country4 7ii7 ,a pro forma response from the country that lacks an application of the law or facts to the particular individual4 7iii7 ,the refusal of the country to accept the individual for deportation or removal4 7d7 ,fees ,the ,secretary of ,homeland ,security may not charge a noncitizen any fee in connection with an application for1 or issuance of1 lawful status under this section1 employment authorization1 or travel documents4 7e7 ,jurisdiction and review 7#a7 ,in general ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall have jurisdiction over an application for stateless protected status and adjustment of status filed by a noncitizen under this section4 7#b7 ,review ,a denial by the ,secretary of ,homeland ,security of an application for relief under this section shall be subject to review by the ,administrative ,appeals ,office of ,u4,s4 ,citizenship and ,immigration ,services4 7f7 ,effect on removal proceedings ,with respect to a noncitizen in removal proceedings who files an application for relief under this section1 the ,attorney ,general shall postpone the removal proceedings pending the adjudication of the application4 7g7 ,applicants with final orders of removal 7#a7 ,motions to reopen 7,a7 ,in general ,a noncitizen whose removal1 deportation1 or exclusion proceedings were concluded before the date of the enactment of this section1 and who is eligible for relief under this section1 may file #a motion to reopen proceedings to apply for such relief not later than #a year after the date of the enactment of this section4 7,b7 ,effect of limitations ,a time or numerical limitation on motions to reopen removal1 deportation1 or exclusion proceedings may not be construed to restrict the filing of a motion to reopen under this paragraph if such limitation is based on previously unavailable evidence or facts1 or on changed facts or circumstances1 including a discovery by a noncitizen that the noncitizen may be a stateless person4 7#b7 ,stay of removal 7,a7 ,in general ,an applicant for relief under this section who has been issued a final order of removal1 deportation1 or exclusion may request a stay of removal1 deportation1 or exclusion4 7,b7 ,consideration of request ,with respect to an individual who requests a stay under subparagraph 7,a71 if the ,secretary of ,homeland ,security determines that the application for relief is bona fide1 the ,secretary shall automatically stay the execution of the final order of deportation1 exclusion1 or removal1 and the stay will remain in effect until a final decision is made on the applications4 7,c7 ,effect of denial ,if the application is denied1 the stay of the final order is deemed lifted as of the date of such denial1 without regard to whether the noncitizen appeals the decision4 7#c7 ,termination ,on the grant of an application for relief under this section to a noncitizen with a final order of removal1 deportation1 or exclusion1 the final order shall be deemed canceled by operation of law as of the date of the approval4 7h7 ,exclusion from numerical limitations ,individuals provided status under this section shall not be counted against any numerical limitation under section #bja7;d71 #bjb7;a71 or #bjc7;b77#d74 7i7 ,rule of construction ,nothing in this section may be construed to authorize or require the admission of any noncitizen to the ,united ,states4 7j7 ,reports 7#a7 ,in general ,not later than #abj days after the date of the enactment of this section1 and every #ij days thereafter1 the ,secretary of ,homeland ,security shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report on-- 7,a7 the number of applications submitted under each of paragraphs 7#a71 7#d71 and 7#e7 of subsection 7b7 since the date of the enactment of this section1 disaggregated by the country of birth of the applicants2 and 7,b7 average timelines for processing each such application4 7#b7 ,public availability ,the ,secretary of ,homeland ,security shall publish each report submitted under paragraph 7#a7 on the internet website of the ,department of ,homeland ,security1 respectively4 7k7 ,publication of guidance ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall publish all policy manuals1 guidance1 and application instructions relating to applications under this section on the internet website of the ,department of ,homeland ,security4 7l7 ,regulations ,the ,secretary of ,homeland ,security may issue such regulations as the ,secretary of ,homeland ,security considers appropriate to carry out this section4 4 7b7 ,technical and conforming amendments 7#a7 ,table of contents ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bde;,a the following3 ,sec4 #bde;,b4 ,protection of stateless persons in the ,united ,states4 4 7#b7 ,exception for unlawful presence of stateless persons ,section #bab7;a77#i77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b77iii77 is amended by adding at the end the following3 7,v7 ,stateless persons ,clause 7i7 shall not apply to a noncitizen who demonstrates that he or she is a stateless person 7as defined in section #bde;,b7a774 4 #e4 ,prevention of statelessness 7a7 ,births to united states citizens overseas ,section #cja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adja7 is amended-- 7#a7 in subsection 7g71 by striking 2 and and inserting a semicolon2 7#b7 in subsection 7h71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7i7 a person born to a citizen of the ,united ,states outside the ,united ,states or in an outlying possession of the ,united ,states1 if such person is born as a stateless person 7as defined in section #bde;,b7a774 4 7b7 ,foundlings ,section #cja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adja7 is further amended by striking subsection 7f7 and inserting the following3 7f7 a person of unknown parentage found in the ,united ,states while under the age of #ah years1 until shown1 prior to the person attaining the age of #ba years1 not to have been born in the ,united ,states2 4 7c7 ,stateless safeguards for derivative citizenship and international adoptions 7#a7 ,stateless safeguards ,section #cbj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adca7 is amended by adding at the end the following3 7e7 7#a7 ,notwithstanding any other provision of law1 a person born outside the ,united ,states or in an outlying possession who is or becomes a stateless person 7as defined in section #bde;,b7a77 automatically becomes a citizen of the ,united ,states on the date on which one of the following conditions has been fulfilled3 7,a7 ,one parent is or was a citizen of the ,united ,states4 7,b7 ,the person was adopted by-- 7i7 a citizen of the ,united ,states2 or 7ii7 an individual who became a citizen of the ,united ,states after the date of such adoption4 7#b7 ,this subsection applies to any person who meets the criteria under paragraph 7#a7 at any time4 4 7#b7 ,age ,section #cbj7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adca7;a77 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,the child is under the age of #ba years4 4 7#c7 ,entry and custody ,section #cbj7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adca7;a77 is further amended by striking paragraph 7#c7 and inserting the following3 7#c7 ,the child is residing in the ,united ,states1 and provided such child is under the legal age of adulthood in the ,state in which the parent of the child or the child resides1 is in the legal and physical custody of the citizen parent4 4 7d7 ,programs ,to prevent statelessness ,the ,secretary of ,homeland ,security and ,secretary of ,state shall jointly establish and carry out initiatives to prevent statelessness from occurring1 which may include-- 7#a7 an assessment of ,united ,states citizenship law to determine and amend any provision of law that results in statelessness or a delayed acquisition of nationality that increases the risk of statelessness2 7#b7 studies on the profiles and number of stateless people living in the ,united ,states2 7#c7 programs to promote inclusive and nondiscriminatory nationality laws and practices in other countries1 with particular attention to the prevention of atrocity crimes2 7#d7 programs to encourage other countries to establish stateless status determination and protection legislation2 and 7#e7 grants to universities and nongovernmental organizations to accelerate research1 education1 curricula1 and knowledge on nationality law and practice and statelessness4