[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