,,ii #aahth ,,congress #b;d ,session ,s4 #cihg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bj1 #bjbd,mr4 ,cardin 7for himself1 ,mr4 ,durbin1 ,mr4 ,padilla1 ,ms4 ,hirono1 ,mr4 ,welch1 ,mr4 ,markey1 ,ms4 ,warren1 and ,mr4 ,wyden7 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 #bjbd4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress makes the following findings3 7#a7 ,the ,international ,covenant on ,civil and ,political ,rights1 to which the ,united ,states is a party1 provides that every child has the right to acquire a nationality1 and numerous other treaties and the ,universal ,declaration of ,human ,rights recognize the right to a nationality4 7#b7 ,statelessness is an abhorrent affront to human dignity and may lead to the violation of human rights4 7#c7 ,the ,supreme ,court of the ,united ,states has recognized that denationalization1 as a form of punishment1 is more primitive than torture4 7#d7 ,government action and inaction causes statelessness2 therefore1 governments have the power to resolve and prevent statelessness4 7#e7 ,the ,united ,nations ,high ,commissioner for ,refugees-- 7,a7 is a ,united ,nations agency responsible for identifying stateless persons1 preventing and reducing statelessness1 and protecting stateless persons2 and 7,b7 estimates that there are at least #aj1jjj1jjj stateless persons worldwide4 7#f7 ,a #bjbj study conducted by the ,center for ,migration ,studies found that there are approximately #bah1jjj individuals living in the ,united ,states who are stateless or at risk of statelessness4 7#g7 ,stateless individuals live in all #ej ,states1 and many such individuals have lived in the ,united ,states for years or decades without relief4 7#h7 ,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 stateless persons with a path to legal status4 7#i7 ,stateless persons often-- 7,a7 live without the means to work legally or to travel2 and 7,b7 face barriers in opening bank accounts1 pursuing higher education1 accessing justice1 and obtaining health care4 7#aj7 ,if detained for removal from the ,united ,states1 a stateless person is often subjected to prolonged detention and1 in some instances1 cannot be removed because no country recognizes the person as its national4 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 #c4 ,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 state1 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 ,noncitizen ,the term noncitizen has the meaning given the term alien in section #aja7;a74 7#c7 ,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 state with respect to whether an individual is a national of that state1 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 of a state differs from the law of the state as written1 if the position of the competent authority of the state that an individual is not a national of the state is determinative4 7#d7 ,relevant association ,the term relevant association means an individual's connection to a state through-- 7,a7 birth on the territory of the state2 7,b7 direct descent from #a or more individuals who are nationals of the state2 7,c7 marriage to an individual who is a national of the state2 7,d7 adoption by an individual who is a national of the state2 or 7,e7 habitual residence in the state4 7#e7 ,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 7#f7 ,frivolous application ,the term frivolous application means an application that-- 7,a7 contains a fabricated material element2 7,b7 is premised upon false or fabricated evidence1 unless the application would have been granted without the false or fabricated evidence2 7,c7 is filed without regard to the merits of the claim2 or 7,d7 is clearly foreclosed by applicable 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 performed a potentially expatriating act under section #cdi after the date of the enactment of this section1 unless the noncitizen had acquired or had a reasonable expectation that the noncitizen would acquire a foreign nationality or citizenship2 7iv7 except as provided in paragraph 7#b7 of this subsection-- 7,i7 is not inadmissible under section subparagraph 7,c71 7,e71 7,g71 or 7,h7 of section #bab7;a77#b7 or section #bab7;a77#c7 7other than subparagraph 7,d772 and 7,,ii7 is not removable under section #bcg7;a77#d72 7v7 is not described in section #bda7;b77#c77;,b77i72 7vi7 is not otherwise ineligible for stateless protected status under this section2 and 7vii7 is not a stateless person because the noncitizen has voluntarily relinquished ,united ,states nationality under section #cdi4 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 present in the ,united ,states2 7ii7 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 7iii7 applies for stateless protected status under this section2 7iv7 is accompanying1 or following to join1 such noncitizen2 7v7 established the qualifying relationship to such noncitizen before the date on which such noncitizen applied for stateless protected status2 7vi7 except as provided in paragraph 7#b7 of this subsection-- 7,i7 is not inadmissible under section subparagraph 7,c71 7,e71 7,g71 or 7,h7 of section #bab7;a77#b7 or section #bab7;a77#c7 7other than subparagraph 7,d772 and 7,,ii7 is not removable under section #bcg7;a77#d72 and 7vii7 is not described in section #bda7;b77#c77;,b77i74 7,c7 ,stateless protected status ,noncitizens with stateless protected status shall-- 7i7 receive relevant protections against deportation1 removal1 and detention1 as described in paragraph 7#c72 7ii7 be authorized for employment incident to status2 and 7iii7 be issued a travel document1 as described in paragraph 7#e74 7,d7 ,concurrent grant of lawful permanent residence 7i7 ,in general ,notwithstanding any other provision of law1 immediately on granting stateless protected status to a noncitizen1 the ,secretary of ,homeland ,security may adjust the status of the noncitizen to that of a noncitizen lawfully admitted for permanent residence1 provided that the noncitizen is admissible 7except as otherwise provided in clause 7ii77 as an immigrant under this chapter4 7ii7 ,admissibility 7,i7 ,in general ,the grounds of inadmissibility under paragraphs 7#d71 7#e71 7#g77;,a71 and 7#i77;,b7 of section #bab7;a7 shall not be applicable to any noncitizen seeking adjustment of status under this section4 7,,ii7 ,waiver available ,a noncitizen seeking adjustment of status under this section may request a waiver of inadmissibility under paragraph 7#b74 7iii7 ,exception ,the ,secretary of ,homeland ,security may not adjust the status of a noncitizen with stateless protected status who is described in section #bda7;b77#c77;,b77i74 7iv7 ,treatment of spouse and children ,the ,secretary of ,homeland ,security may adjust the status of a spouse or child granted stateless protected status under subparagraph 7,b7 to that of a noncitizen lawfully admitted for permanent residence even if the principal applicant concerned is ineligible for adjustment of status4 7#b7 ,waivers 7,a7 ,in general ,notwithstanding any other provision of law1 with respect to a noncitizen applying for stateless protected status or adjustment of status under this section1 the ,secretary of ,homeland ,security may waive any applicable provision of section #bab7;a7 7other than subparagraph 7,a71 7,b71 7,c71 7,e7 or 7,f7 of paragraph 7#c7 of that section7 and section #bcg7;a77#d77;,f7-- 7i7 for humanitarian purposes2 7ii7 to ensure family unity2 or 7iii7 if such a waiver is otherwise in the public interest4 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 the denial of the noncitizen's application1 would result in hardship to the noncitizen or the noncitizen's parent1 spouse1 child1 or adult son or daughter4 7#c7 ,release from post-order detention ,a grant of stateless protected status to a principal applicant under subsection 7b77#a77;,a7 shall-- 7,a7 in the case of such an applicant who is detained pursuant to an order of removal1 trigger immediate release from the custody of the ,secretary of ,homeland ,security2 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 while application pending 7,a7 ,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 7,b7 ,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 stateless protected status4 7#e7 ,travel documents 7,a7 ,in general ,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-- 7i7 in the case of such a noncitizen who is #af years of age or older1 #aj years2 and 7ii7 in the case of such a noncitizen who is under #af years of age1 #e years4 7#f7 ,frivolous applications 7,a7 ,in general ,at the time of filing an application for stateless protected status or adjustment of status under this section1 the ,secretary of ,homeland ,security shall advise the noncitizen of the privilege of being represented by counsel and of the consequences1 under subparagraph 7,d71 of knowingly filing a frivolous application under this section4 7,b7 ,effect of withdrawal of application 7i7 ,in general ,a noncitizen may request that the noncitizen's application for status under this section be withdrawn1 prior to the adjudication of the application4 7ii7 ,effect of consent to withdrawal ,if the ,secretary of ,homeland ,security consents to the withdrawal of the noncitizen's application1 the application shall be considered denied without prejudice to any future application4 7iii7 ,effect of decline to consent to withdrawal ,if the ,secretary of ,homeland ,security declines to consent to the withdrawal of the noncitizen's application1 the application shall be adjudicated on its merits4 7iv7 ,prohibition on negative inference ,in determining whether an application under this section is frivolous1 the ,secretary of ,homeland ,security may not draw a negative inference from a noncitizen's request to withdraw the application4 7,c7 ,denial ,the denial of an application for stateless protected status or adjustment of status under this section shall not be construed to establish that the application was frivolous4 7,d7 ,consequence of filing a frivolous application ,if the ,secretary of ,homeland ,security determines that a noncitizen has knowingly made a frivolous application for status under this section and the noncitizen has received notice under subparagraph 7,a71 the noncitizen shall be permanently ineligible for stateless protected status or adjustment of status under this section1 effective as of the date on which a final determination on such application is made4 7c7 ,evidentiary matters 7#a7 ,in general ,in determining if an individual is a stateless person under this section1 the ,secretary of ,homeland ,security may consider and obtain any credible evidence relevant to the application1 including information from-- 7,a7 the ,department of ,state1 including the ,bureau of ,population1 ,refugees1 and ,migration and the ,bureau of ,democracy1 ,human ,rights1 and ,labor2 and 7,b7 relevant international and foreign bodies1 the ,united ,nations ,high ,commissioner for ,refugees1 the ,law ,library of ,congress1 nongovernmental organizations1 and the competent authorities of other countries4 7#b7 ,designation of specific groups of stateless persons 7,a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may designate #a or more groups the members of which shall be presumed to be stateless persons for purposes of this section4 7,b7 ,presumption 7i7 ,in general ,a noncitizen shall be presumed to be a stateless person if the noncitizen-- 7,i7 belongs to a group designated under subparagraph 7,a72 and 7,,ii7 applies for stateless protected status under this section4 7ii7 ,rebuttal ,the presumption under clause 7i7 may be rebutted if the ,secretary of ,homeland ,security finds1 by clear and convincing evidence1 that the individual concerned is considered as a national of any state under the operation of its law4 7,c7 ,revocation ,the ,secretary of ,homeland ,security may revoke the designation of a group under subparagraph 7,a7 as of any date on which the ,secretary determines that members of the group are no longer stateless persons4 7#c7 ,standard of proof 7,a7 ,in general ,an applicant shall have the burden of establishing1 by the preponderance of the evidence1 that the applicant is eligible for a grant of stateless protected status1 adjustment of status1 or a waiver of inadmissibility under this section4 7,b7 ,assessment of nationality ,the nationality of an individual shall be assessed as of the date of adjudication of an application under this section1 without regard to future possible acquisitions of nationality4 7#d7 ,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 state in which the applicant was born or resided before entering the ,united ,states or with 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 7i7 ,in general ,if the ,secretary of ,homeland ,security determines that an applicant is not a stateless person1 the ,secretary shall submit to the applicant and1 if relevant1 to the applicant's counsel1 any information or evidence available to the ,secretary 7other than information or evidence initially provided by the applicant7 regarding the legal status of the applicant in the applicant's country of birth or prior residence or any country with which the applicant has a relevant association1 including information on the relevant laws and practices of the countries concerned4 7ii7 ,inapplicability to certain information ,clause 7i7 shall not apply to information that is classified or otherwise protected from disclosure by law4 7,c7 ,consideration of response ,the ,secretary of ,homeland ,security may consider as substantial evidence that an individual is not considered by a state to be national of the state the following3 7i7 ,in a case in which the ,secretary of ,homeland ,security requests1 from a state with which a noncitizen has a relevant association1 information with respect to the noncitizen's nationality status1 a lack of response from the competent authority of such state during the #abj-;day period beginning on the date of such request4 7ii7 ,a pro forma response from the state that lacks an application of the law or facts to the particular individual4 7iii7 ,for non-recalcitrant states1 the refusal of the state to accept the noncitizen 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 stateless protected 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 ,an initial denial 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 a nonfrivolous application for relief under this section1 the ,attorney ,general shall administratively close the removal proceedings pending the adjudication of the application4 7g7 ,applicants with final orders of removal 7#a7 ,stay of removal 7,a7 ,in general ,an applicant for stateless protected status or adjustment of status 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 nonfrivolous1 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 such an application is denied1 the stay of such a final order shall be deemed lifted as of the date on which such denial becomes final upon-- 7i7 dismissal of an appeal2 7ii7 waiver of appeal by the noncitizen2 or 7iii7 expiration of the time allotted for an appeal if the noncitizen does not file an appeal within that time4 7#b7 ,termination ,on the approval of an application for stateless protected status or adjustment of status under this section to a noncitizen in removal proceedings or with an order of removal1 deportation1 or exclusion1 the proceedings or order of removal1 deportation1 or exclusion 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 sections #bja1 #bjb1 or #bjc4 7i7 ,rule of construction ,except as provided in subparagraph 7b77#a77;,b71 nothing in this section may be construed to authorize or require the admission or parole of any noncitizen into the ,united ,states4 7j7 ,reports 7#a7 ,in general ,not later than #bdj days after the date of the enactment of this section1 and every #ij days thereafter1 the ,secretary of ,homeland ,security shall provide to the ,committee on the ,judiciary and the ,committee on ,foreign ,relations of the ,senate and the ,committee on the ,judiciary and the ,committee on ,foreign ,affairs of the ,house of ,representatives a briefing on-- 7,a7 the number and outcome of applications submitted under each of paragraphs 7#a71 7#d71 and 7#e7 of subsection 7b7 since such date of enactment1 disaggregated by-- 7i7 the country of birth of the applicants2 and 7ii7 the fiscal year in which the applications were received2 and 7,b7 with respect to applications adjudicated during the #ahj-;day period immediately preceding the date of the briefing1 the median processing time1 by application type4 7#b7 ,public availability ,the ,secretary of ,homeland ,security shall publish on the internet website of the ,department of ,homeland ,security the information described in each report submitted under paragraph 7#a74 7k7 ,publication of guidance ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall issue on the internet website of the ,department of ,homeland ,security public guidance and application instructions relating to the requirements of this section4 7l7 ,regulations ,notwithstanding chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedures ,act71 the ,secretary of ,homeland ,security may issue such regulations as the ,secretary considers appropriate to carry out this section4 7m7 ,exemption from ,paperwork ,reduction ,act ,during the #a-year period beginning on the date that is #abj days after the date of the enactment of this section1 the requirements under chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to any collection of information required under this section or any rule promulgated by the ,secretary of ,homeland ,security to implement 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 ,naturalization ,section #caf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbg7 is amended by adding at the end the following3 7g7 ,the requirements of subsection 7a7 shall apply to an individual who adjusts status to that of a lawful permanent resident under section #bde;,b of this ,act1 except that such an individual shall be eligible for naturalization if-- 7#a7 during the #c-year period immediately preceding the date on which the individual files his or her application for naturalization1 the individual has resided continuously within the ,united ,states after having been lawfully admitted for permanent residence2 7#b7 during such #c-year period1 the individual has been physically present in the ,united ,states for #a or more periods totaling not less than #ah months2 and 7#c7 the individual who has resided within the ,state or within the district of ,u4,s4 ,citizenship and ,immigration ,services in which the individual filed the application for not less than #ij days4 4 7#c7 ,qualified noncitizen ,section #dca7;b7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda7;b77 is amended-- 7,a7 in paragraph 7#g71 by striking 1 or and inserting a comma2 7,b7 in paragraph 7#h71 by striking the period at the end and inserting 1 or2 and 7,c7 by adding at the end the following3 7#i7 a noncitizen in stateless protected status under section #bde;,b of the ,immigration and ,nationality ,act4 4 #d4 ,programs to prevent statelessness ,subject to the availability of appropriations1 the ,secretary of ,homeland ,security and the ,secretary of ,state shall jointly engage in and support activities and efforts aimed at preventing and reducing statelessness1 which may include-- 7#a7 conducting an assessment of ,united ,states citizenship law to determine and propose amendments to any provision of law that results in statelessness or a delayed acquisition of nationality that increases the risk of statelessness2 7#b7 conducting studies on the profiles and number of stateless people living in the ,united ,states2 7#c7 implementing programs-- 7,a7 to promote inclusive and nondiscriminatory nationality laws and practices in other countries1 with particular attention to the prevention of human rights violations and atrocity crimes2 and 7,b7 to encourage other countries to establish stateless status determination and protection legislation2 and 7#d7 awarding grants to universities1 international organizations1 and nongovernmental organizations to accelerate research1 education1 curricula1 and knowledge on nationality law and practice and statelessness4 #e4 ,updating citizenship relinquishment provisions 7a7 ,loss of nationality by native-,born or naturalized citizens 7#a7 ,in general ,section #cdi7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adha7;a77 is amended-- 7,a7 by striking paragraph 7#f72 and 7,b7 by redesignating paragraph 7#g7 as paragraph 7#f74 7#b7 ,conforming amendment ,section #cea7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adhc7;a771 is amended by striking paragraphs 7#f7 and 7#g7 and inserting paragraph 7#f74 7b7 ,effective date2 applicability ,the amendments made by this section-- 7#a7 shall be effective on the date of the enactment of this ,act2 and 7#b7 shall apply to any pending renunciation request under section #cdi7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adha7;a77 with respect to which a final decision has not been made4