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S. 4021: Human Rights Violators Act of 2022


The text of the bill below is as of Apr 6, 2022 (Introduced).


II

117th CONGRESS

2d Session

S. 4021

IN THE SENATE OF THE UNITED STATES

April 6, 2022

(for himself and Mr. Graham) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to expand the grounds of inadmissibility and deportability for human rights violators.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Human Rights Violators Act of 2022.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Human Rights Violators and War Crimes Center.

Sec. 3. Grounds of inadmissibility and deportability for persecutors and war criminals.

Sec. 4. Inadmissibility and deportability for participation in female genital mutilation.

Sec. 5. Statute of limitations for visa, naturalization, and other fraud offenses involving human rights violations.

Sec. 6. Visa security and national security fee.

Sec. 7. U.S. Citizenship and Immigration Services access to criminal history records.

2.

Human Rights Violators and War Crimes Center

(a)

Establishment

The Secretary of Homeland Security shall—

(1)

establish the Human Rights Violators and War Crimes Center (referred to in this section as the Center) within U.S. Immigration and Customs Enforcement, Homeland Security Investigations; and

(2)

appoint a Director from Homeland Security Investigations to head the Center.

(b)

Duties

The Director of the Center (referred to in this section as the Director) shall—

(1)

coordinate efforts to prevent the admission of foreign war crimes suspects, persecutors, and human rights abusers into the United States;

(2)

identify and investigate individuals who have been involved in, or responsible for, the commission of human rights abuses throughout the world and are within the jurisdiction of the United States;

(3)

support the Office of the Principal Legal Advisor’s litigation of the removal proceedings of aliens implicated in human rights violations or war crimes;

(4)

coordinate with the Office of the Principal Advisor and Enforcement and Removal Operations to carry out the removal of individuals referred to in paragraphs (2) and (3), to the extent possible;

(5)

represent U.S. Immigration and Customs Enforcement while working with the National Security Council and other relevant government agencies in the development of programs for the prevention of mass atrocities;

(6)

conduct and coordinate training with other domestic and international law enforcement agencies on investigative best practices to develop and expand the capability of such agencies to identify, investigate, and prosecute individuals who—

(A)

engage in genocide, torture, the recruitment and use of child soldiers, war crimes, female genital mutilation, or severe violations of religious freedom;

(B)

provide material support to terrorists or organizations that engage in genocide, torture, or the recruitment and use of child soldiers; or

(C)

are human rights violators and engage in immigration fraud;

(7)

coordinate with other government agencies in the investigation of individuals whose actions should subject them to relevant travel and financial sanctions;

(8)

collect and integrate information regarding infringement of human rights and war crimes from domestic and international law enforcement agencies and other non-Federal sources;

(9)

receive and organize information regarding infringement of human rights and war crimes from agencies and sources referred to in paragraph (8);

(10)

disseminate information regarding the infringement of human rights and war crimes to other Federal agencies, as appropriate, to the extent authorized under relevant United States laws, regulations, directives, and policies;

(11)

coordinate with the offices of United States Attorneys to develop expertise in, and assist with the investigation and prosecution of, crimes relating to the abuse of human rights and war crimes; and

(12)

carry out such other duties as the Secretary of Homeland Security may assign to the Director.

(c)

Coordination with other agencies

In carrying out the duties described in subsection (b), the Director shall coordinate with any Federal, State, local, or international law enforcement agencies that the Secretary of Homeland Security, acting through the Director of U.S. Immigration and Customs Enforcement, considers appropriate.

3.

Grounds of inadmissibility and deportability for persecutors and war criminals

(a)

Definitions

Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended—

(1)

in paragraph (8), by striking or at the end;

(2)

in paragraph (9), by striking the period at the end and inserting ; or; and

(3)

by adding at the end the following:

(10)

one who, at any time, has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.

.

(b)

Grounds of inadmissibility

Section 212 of such Act (8 U.S.C. 1182) is amended—

(1)

in subsection (a)(3)(E)—

(A)

in the subparagraph header, by striking nazi;

(B)

in clause (iii)(II), by striking of any foreign nation; and

(C)

by adding at the end the following:

(iv)

Color of law

In this subparagraph and in section 237(a)(4)(D) only, acting under color of law includes acts taken as part of an armed group exercising de facto authority over any territory for any period of time.

(v)

Persecutors

Any alien who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion is inadmissible.

(vi)

War crimes

Any alien who ordered, incited, assisted, or otherwise participated in war crimes (as defined in subsections (c) and (d)(1) (except subparagraph (A)) of section 2441 of title 18, United States Code), including offenders who have been lawfully admitted for permanent residence, offenders who are present in the United States, and offenders who are stateless persons whose habitual residence is in the United States, is inadmissible

; and

(2)

in subsection (d)(3)(A), by striking and clauses (i) and (ii) of paragraph each place such phrase appears.

(c)

Grounds of deportability

Section 237(a)(4)(D) of such Act (8 U.S.C. 237(a)(4)(D)) is amended—

(1)

in the subparagraph header, by striking nazi; and

(2)

by striking or (iii) and inserting (iii), (v), or (vi)..

(d)

Voluntary departure

Section 240B of such Act (8 U.S.C. 1229c) is amended—

(1)

in subsection (a)(1), by striking deportable under section 237(a)(2)(A)(iii) or section 237(a)(4)(B) and inserting deportable under paragraph (2)(A)(iii) or (4) of section 237(a), or inadmissible under subparagraph (E) or (G) of section 212(a)(3); and

(2)

in subsection (b)(1)(C), by striking deportable under section 237(a)(2)(A)(iii) or section 237(a)(4) and inserting deportable under paragraph (2)(A)(iii) or (4) of section 237(a), or inadmissible under subparagraph (E) or (G) of section 212(a)(3).

(e)

Adjustment of status

Section 245(c) of such Act (8 U.S.C. 1255(c)) is amended—

(1)

in paragraph (6), by striking (B);

(2)

in paragraph (7), by striking or at the end; and

(3)

in paragraph (8), by striking the period at the end and inserting ; (9) any alien who at any time has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; or (10) any alien who is inadmissible under section 212(a)(3)(E)(vi)..

(f)

Aiding or assisting certain aliens To enter the United States

Section 277 of such Act (8 U.S.C. 1327) is amended by striking (other than subparagraph (E) thereof).

(g)

Applicability

The amendments made by subsections (a) through (e) shall apply to offenses committed before, on, or after the date of the enactment of this Act.

4.

Inadmissibility and deportability for participation in female genital mutilation

(a)

Inadmissibility

Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended by adding at the end the following:

(H)

Participation in female genital mutilation

Any alien who has ordered, incited, solicited, funded, assisted, or otherwise participated in female genital mutilation is inadmissible.

.

(b)

Deportability

Section 237(a)(4) of such Act (8 U.S.C. 1227 (a)(4)) is amended by adding at the end the following:

(G)

Participation in female genital mutilation

Any alien who has ordered, incited, solicited, funded, assisted, or otherwise participated in female genital mutilation is deportable.

.

(c)

Savings provision

Nothing in the amendments made by this section may be construed to limit the applicability of grounds of inadmissibility or removal to conduct occurring before the date of the enactment of this Act.

5.

Statute of limitations for visa, naturalization, and other fraud offenses involving human rights violations

(a)

Statute of limitations for visa fraud and other offenses

Chapter 213 of title 18, United States Code, is amended by adding at the end the following:

3302.

Fraud in connection with certain human rights violations

(a)

In general

A person shall be prosecuted, tried, or punished for violation of any provision of section 1001, 1015, 1425, 1546, 1621, or 3291, or for attempt or conspiracy to violate any provision of such sections, if—

(1)

the fraudulent conduct, misrepresentation, concealment, or fraudulent, fictitious, or false statement concerns the alleged offender’s—

(A)

participation, at any time, at any place, and regardless of the nationality of the alleged offender or any victim, in a human rights violation; or

(B)

membership in, service in, or authority over a military, paramilitary, or law enforcement organization that participated in such conduct during any part of any period in which the alleged offender was a member of, served in, or had authority over the organization; and

(2)

the indictment is found or the information is instituted not later than 20 years after such conduct.

(b)

Definitions

(1)

Human rights violation

In this section, the term human rights violation means extrajudicial killing, female genital mutilation, genocide, particularly severe violations of religious freedom, persecution, torture, the use or recruitment of child soldiers, or war crimes.

(2)

Related definitions

In paragraph (1)—

(A)

the term extrajudicial killing means conduct described in section 212(a)(3)(E)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)(iii));

(B)

the term female genital mutilation means conduct described in section 116;

(C)

the term genocide means conduct described in subsections (a), (c), and (e) of section 1091;

(D)

the term particularly severe violation of religious freedom means conduct described in section 3(13) of the International Religious Freedom Act of 1998 (22 U.S.C. 6402(13));

(E)

the term persecution means conduct described in section 212(a)(3)(E)(v) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)(v));

(F)

the term torture means conduct described in paragraphs (1) and (2) of section 2340;

(G)

the term use or recruitment of child soldiers means conduct described in subsections (a) and (d) of section 2442; and

(H)

the term war crimes means conduct described in subsections (c) and (d)(1) of section 2441.

.

(b)

Clerical amendment

The table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following:

3302. Fraud in connection with certain human rights violations.

.

(c)

Effective date

The amendments made by this section shall apply to fraudulent conduct, misrepresentations, concealments, and fraudulent, fictitious, or false statements made or committed on or after the date of the enactment of this Act.

6.

Visa security and national security fee

(a)

In general

(1)

Authorization

The Secretary of Homeland Security is authorized to charge a visa security and national security fee to nonimmigrant visa applicants.

(2)

Collection

The Secretary of State, at the request of, and in coordination with, the Secretary of Homeland Security, is authorized to collect the fee authorized under paragraph (1) simultaneously with the fees authorized under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 8 U.S.C. 1351 note) and section 103 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1713), on behalf of the Secretary of Homeland Security—

(A)

to conduct pre-adjudication reviews and screenings of visa applications against appropriate criminal, national security, and terrorism databases maintained by the Federal Government;

(B)

to carry out other support activities authorized under section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e));

(C)

to identify, arrest, and remove terrorists, human rights violators, and national security threats from the United States; and

(D)

for other purposes.

(b)

Amount of fee

The total amount of fees charged pursuant to subsection (a)(1) shall be sufficient to cover the annual costs to conduct the activities authorized under subsection (a)(2), the activities authorized under section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)), and related activities.

(c)

Deposit of fees

Fees collected under subsection (a)(2)—

(1)

shall be deposited into the Immigration Examinations Fee Account established under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) in the Treasury of the United States; and

(2)

shall remain available until expended for the Secretary of Homeland Security to carry out the activities described in subsection (b).

(d)

Reimbursement

(1)

In general

The Secretary of Homeland Security shall reimburse expenses incurred by the Secretary of State to collect the fee authorized under subsection (a)(1).

(2)

Use of reimbursed funds

Reimbursements received pursuant to paragraph (1)—

(A)

shall be deposited into the appropriate Department of State account, as identified by the Secretary of State; and

(B)

shall remain available until expended to cover expenses described in paragraph (1).

(e)

Annual report

Not later than 1 year after the date of the enactment of this Act, and annually thereafter on or before October 1, the Secretary of Homeland Security, after consultation with the appropriate Federal agencies, shall submit a report to the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives that identifies, for the reporting period—

(1)

the number of aliens denied visas under Homeland Security Investigation’s Visa Security Program;

(2)

the number of aliens inadmissible to or removed from the United States for violating section 116 of title 18, United States Code (relating to female genital mutilation); and

(3)

the number of aliens inadmissible to or removed from the United States as terrorists, human rights violators, persecutors, or national security threats.

7.

U.S. Citizenship and Immigration Services access to criminal history records

(a)

In general

In addition to any other access to criminal history records authorized for noncriminal justice purposes under the National Criminal History Access and Child Protection Act (34 U.S.C. 40311 et seq.), the Attorney General and the Director of the Federal Bureau of Investigation shall provide the Secretary of Homeland Security, for purposes relating to immigration and naturalization matters, with—

(1)

direct access to criminal history records without submission of positive identification, including name check access to the Interstate Identification Index System; and

(2)

access to sealed record information and any other criminal history information on the same terms as are provided to an agency performing a criminal justice or law enforcement purpose.

(b)

Rule of construction

Terms used in subsection (a) shall have the meanings provided under section 213 of the National Criminal History Access and Child Protection Act (34 U.S.C. 40312).