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Summary of Kennedy-Smith Refugee Crisis in Iraq Act

Summary of Kennedy-Smith Refugee Crisis in Iraq Act
S. 1651


Create a P 2 Category For Refugees of Special Humanitarian Concern: The legislation would create a special category of applicants for refugee status.  Those eligible for this program would be Iraqis that are most closely associated with the United States. Iraqis who qualify would be those who (1) have been employed by or worked directly with the United States government in Iraq; (2) were employed in Iraq by a media or nongovernmental organization based in the United States or were employed by an organization or entity that has received a grant from, or entered into a cooperative agreement or contract with the United States Government (3) are spouses, children, sons, daughters, siblings and parents of those who worked for/with us as outlined in (1) and (2); or (4) Iraqis who are members of religious or minority communities and have close family members in the U.S.

All applicants would need to demonstrate a well-founded fear of persecution. Slots for P2s would come out of the existing overall authorized annual admissions number (established at 70,0000 for fiscal year 2007), which is determined every year by the President in consultation with the Congress.  Those eligible would not have to be referred by UNHCR or a U.S. Embassy.  They would be required to go through recently approved extensive security screening.

Create a Special Immigrant Visa: In addition to a new category of refugee applications, the legislation would create a special immigrant visa program for Iraqis that have been employed by or worked directly with the United States for one year in the aggregate since 2003. Applicants would not need to demonstrate a well-founded fear of persecution, but would need to meet security requirements, demonstrate that they provided faithful service to our government, and provide a recommendation or evaluation.  The Secretary of State would be required to provide applicants with protection or immediate removal from Iraq if these applicants are in immediate danger. This program complements the existing program for Iraqi translators and interpreters, and would cover individuals in other professions who worked directly with the U.S. Government. 5,000 visas would be available yearly for five years.

Require Processing in Iraq and In The Region: The Secretary of State would be required to establish a program for processing P 2 refugees and SIV applicants in Iraq and in countries in the region. The Secretary would be required to report to the Congress within 60 days on plans to establish this program. Currently, there is no mechanism for applying for refugee status in Iraq. Those fleeing persecution and seeking refugee status must find their way to Jordan or Syria, locate an official from the United Nations High Commissioner for Refugees, and then be referred back to the United States Government by the United Nations.  The bill does not eliminate the referral system through the United Nations, or any other existing system, but it does create a new mechanism for direct applications in country. 

Create Special Coordinators for Iraqi Refugees: The Secretary of State would be required to establish in the Embassy in Baghdad a Minister Counselor for refugees and Internally Displaced Persons. He or she would be responsible for overseeing the in country processing of P 2 refugee and special immigrant visa applicants and would have authority to refer people directly to the U.S. refugee resettlement program.

A parallel position would be created in the American embassies in Egypt, Jordan, Lebanon, and Syria to oversee the application process of P2 refugees of special humanitarian concern. SIV applicants would work through regular consular channels in Embassies in those countries. 

Resettlement and Host Nation Support: Recognizing that the U.S. can only resettle a small number of the most vulnerable refugees within our borders, the Secretary of State would be required to consult with other countries about resettlement of refugee populations and to develop mechanisms in and provide assistance to countries with a significant population of displaced Iraqis to ensure the refugees’ well-being and safety.
 
Asylum: Allows Iraqis who were denied asylum after March, 2003 based on changed conditions (i.e. Saddam Hussein is gone and we are building democracy in Iraq) to file a new petition with an immigration judge to reopen his or her case.

Reports: After 90 days, the President would be required to submit a report (unclassified with classified annex) to Congress with an assessment of the financial, security, and personnel considerations and resources necessary to establish the programs required in the Act. After 90 days, the Secretary of Homeland Security would be required to submit a report to the Congress outlining plans to expedite processing of Iraqi refugees, including a temporary expansion of the Refugee Corps, and plans to enhance existing systems for conducting background and security checks for Iraqis applying through the program.


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