[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3987 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 3987
To protect stateless persons in the United States, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 20, 2024
Mr. Cardin (for himself, Mr. Durbin, Mr. Padilla, Ms. Hirono, Mr.
Welch, Mr. Markey, Ms. Warren, and Mr. Wyden) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To protect stateless persons in the United States, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stateless Protection Act of 2024''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The International Covenant on Civil and Political
Rights, to which the United States is a party, provides that
every child has the right to acquire a nationality, and
numerous other treaties and the Universal Declaration of Human
Rights recognize the right to a nationality.
(2) Statelessness is an abhorrent affront to human dignity
and may lead to the violation of human rights.
(3) The Supreme Court of the United States has recognized
that denationalization, as a form of punishment, is more
primitive than torture.
(4) Government action and inaction causes statelessness;
therefore, governments have the power to resolve and prevent
statelessness.
(5) The United Nations High Commissioner for Refugees--
(A) is a United Nations agency responsible for
identifying stateless persons, preventing and reducing
statelessness, and protecting stateless persons; and
(B) estimates that there are at least 10,000,000
stateless persons worldwide.
(6) A 2020 study conducted by the Center for Migration
Studies found that there are approximately 218,000 individuals
living in the United States who are stateless or at risk of
statelessness.
(7) Stateless individuals live in all 50 States, and many
such individuals have lived in the United States for years or
decades without relief.
(8) Despite the presence of stateless persons in the United
States, 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 status.
(9) Stateless persons often--
(A) live without the means to work legally or to
travel; and
(B) face barriers in opening bank accounts,
pursuing higher education, accessing justice, and
obtaining health care.
(10) If detained for removal from the United States, a
stateless person is often subjected to prolonged detention and,
in some instances, cannot be removed because no country
recognizes the person as its national.
(b) Sense of Congress.--It is the sense of Congress that to resolve
statelessness and its related human suffering, lost potential, and
societal impacts, the United States should--
(1) provide a legal status to protect stateless persons;
and
(2) urge the international community to take strong action
to prevent statelessness globally.
SEC. 3. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.
(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after
section 245A the following:
``SEC. 245B. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.
``(a) Definitions.--In this section:
``(1) Competent authority.--With respect to a foreign
state, the term `competent authority'--
``(A) means the authority responsible for--
``(i) conferring nationality on, or
withdrawing nationality from, individuals; or
``(ii) in the case of nationality having
been acquired or withdrawn automatically,
clarifying the nationality status of an
individual; and
``(B) includes a Federal, local, or regional
government entity, a consular official, and a
government official at any level, notwithstanding any
process by which a decision by such an entity or
official may later be overridden.
``(2) Noncitizen.--The term `noncitizen' has the meaning
given the term `alien' in section 101(a).
``(3) Operation of law; operation of its law.--The terms
`operation of law' and `operation of its law'--
``(A) refer to the consideration by a competent
authority of a state with respect to whether an
individual is a national of that state, including under
the legislation, ministerial decrees, regulations,
orders, judicial case law, and customary practices of
the competent authority; and
``(B) include situations in which the position of
the competent authority of a state differs from the law
of the state as written, if the position of the
competent authority of the state that an individual is
not a national of the state is determinative.
``(4) Relevant association.--The term `relevant
association' means an individual's connection to a state
through--
``(A) birth on the territory of the state;
``(B) direct descent from 1 or more individuals who
are nationals of the state;
``(C) marriage to an individual who is a national
of the state;
``(D) adoption by an individual who is a national
of the state; or
``(E) habitual residence in the state.
``(5) Stateless person.--The term `stateless person' means
an individual who is not considered as a national by any state
under the operation of its law.
``(6) Frivolous application.--The term `frivolous
application' means an application that--
``(A) contains a fabricated material element;
``(B) is premised upon false or fabricated
evidence, unless the application would have been
granted without the false or fabricated evidence;
``(C) is filed without regard to the merits of the
claim; or
``(D) is clearly foreclosed by applicable law.
``(b) Mechanisms for Regularizing the Status of Stateless
Persons.--
``(1) Stateless protected status.--
``(A) Principal applicants.--Notwithstanding any
other provision of law, the Secretary of Homeland
Security shall provide stateless protected status to a
noncitizen who--
``(i) is a stateless person present in the
United States;
``(ii) applies for such relief;
``(iii) has not performed a potentially
expatriating act under section 349 after the
date of the enactment of this section, unless
the noncitizen had acquired or had a reasonable
expectation that the noncitizen would acquire a
foreign nationality or citizenship;
``(iv) except as provided in paragraph (2)
of this subsection--
``(I) is not inadmissible under
section subparagraph (C), (E), (G), or
(H) of section 212(a)(2) or section
212(a)(3) (other than subparagraph
(D)); and
``(II) is not removable under
section 237(a)(4);
``(v) is not described in section
241(b)(3)(B)(i);
``(vi) is not otherwise ineligible for
stateless protected status under this section;
and
``(vii) is not a stateless person because
the noncitizen has voluntarily relinquished
United States nationality under section 349.
``(B) Treatment of spouse and children.--
Notwithstanding any other provision of law, the
Secretary of Homeland Security shall provide stateless
protected status to a noncitizen who--
``(i) is present in the United States;
``(ii) is the spouse or child of a
noncitizen described in subparagraph (A), if
such spouse or child is not otherwise eligible
for admission under that subparagraph;
``(iii) applies for stateless protected
status under this section;
``(iv) is accompanying, or following to
join, such noncitizen;
``(v) established the qualifying
relationship to such noncitizen before the date
on which such noncitizen applied for stateless
protected status;
``(vi) except as provided in paragraph (2)
of this subsection--
``(I) is not inadmissible under
section subparagraph (C), (E), (G), or
(H) of section 212(a)(2) or section
212(a)(3) (other than subparagraph
(D)); and
``(II) is not removable under
section 237(a)(4); and
``(vii) is not described in section
241(b)(3)(B)(i).
``(C) Stateless protected status.--Noncitizens with
stateless protected status shall--
``(i) receive relevant protections against
deportation, removal, and detention, as
described in paragraph (3);
``(ii) be authorized for employment
incident to status; and
``(iii) be issued a travel document, as
described in paragraph (5).
``(D) Concurrent grant of lawful permanent
residence.--
``(i) In general.--Notwithstanding any
other provision of law, immediately on granting
stateless protected status to a noncitizen, the
Secretary of Homeland Security may adjust the
status of the noncitizen to that of a
noncitizen lawfully admitted for permanent
residence, provided that the noncitizen is
admissible (except as otherwise provided in
clause (ii)) as an immigrant under this
chapter.
``(ii) Admissibility.--
``(I) In general.--The grounds of
inadmissibility under paragraphs (4),
(5), (7)(A), and (9)(B) of section
212(a) shall not be applicable to any
noncitizen seeking adjustment of status
under this section.
``(II) Waiver available.--A
noncitizen seeking adjustment of status
under this section may request a waiver
of inadmissibility under paragraph (2).
``(iii) Exception.--The Secretary of
Homeland Security may not adjust the status of
a noncitizen with stateless protected status
who is described in section 241(b)(3)(B)(i).
``(iv) 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
(B) to that of a noncitizen lawfully admitted
for permanent residence even if the principal
applicant concerned is ineligible for
adjustment of status.
``(2) Waivers.--
``(A) In general.--Notwithstanding any other
provision of law, with respect to a noncitizen applying
for stateless protected status or adjustment of status
under this section, the Secretary of Homeland Security
may waive any applicable provision of section 212(a)
(other than subparagraph (A), (B), (C), (E) or (F) of
paragraph (3) of that section) and section
237(a)(4)(F)--
``(i) for humanitarian purposes;
``(ii) to ensure family unity; or
``(iii) if such a waiver is otherwise in
the public interest.
``(B) Factors.--In making a determination under
subparagraph (A), the Secretary of Homeland Security
shall consider all relevant factors, including--
``(i) mitigating and aggravating factors of
the basis for inadmissibility;
``(ii) the duration of the noncitizen's
residence in the United States; and
``(iii) the degree to which the
noncitizen's removal, or the denial of the
noncitizen's application, would result in
hardship to the noncitizen or the noncitizen's
parent, spouse, child, or adult son or
daughter.
``(3) Release from post-order detention.--A grant of
stateless protected status to a principal applicant under
subsection (b)(1)(A) shall--
``(A) in the case of such an applicant who is
detained pursuant to an order of removal, trigger
immediate release from the custody of the Secretary of
Homeland Security;
``(B) be considered to establish that there is no
significant likelihood of the individual's removal in
the reasonably foreseeable future; and
``(C) establish a presumption that travel documents
are not available for the individual.
``(4) Employment authorization while application pending.--
``(A) In general.--During the 150-day period after
the date on which an application for status under this
section is submitted, the Secretary of Homeland
Security may authorize the applicant to engage in
employment in the United States.
``(B) Mandatory employment authorization.--If the
Secretary of Homeland Security has not issued a
decision within the 150-day period beginning on the
date on which an application for status under this
section is submitted, 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 status.
``(5) Travel documents.--
``(A) In general.--The Secretary of Homeland
Security shall provide to any noncitizen granted relief
under this section, a travel document that facilitates
the noncitizen's ability to travel abroad and to be
admitted to the United States upon return.
``(B) Validity.--The minimum period of validity for
a document issued under subparagraph (A) shall be--
``(i) in the case of such a noncitizen who
is 16 years of age or older, 10 years; and
``(ii) in the case of such a noncitizen who
is under 16 years of age, 5 years.
``(6) Frivolous applications.--
``(A) In general.--At the time of filing an
application for stateless protected status or
adjustment of status under this section, the Secretary
of Homeland Security shall advise the noncitizen of the
privilege of being represented by counsel and of the
consequences, under subparagraph (D), of knowingly
filing a frivolous application under this section.
``(B) Effect of withdrawal of application.--
``(i) In general.--A noncitizen may request
that the noncitizen's application for status
under this section be withdrawn, prior to the
adjudication of the application.
``(ii) Effect of consent to withdrawal.--If
the Secretary of Homeland Security consents to
the withdrawal of the noncitizen's application,
the application shall be considered denied
without prejudice to any future application.
``(iii) Effect of decline to consent to
withdrawal.--If the Secretary of Homeland
Security declines to consent to the withdrawal
of the noncitizen's application, the
application shall be adjudicated on its merits.
``(iv) Prohibition on negative inference.--
In determining whether an application under
this section