[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