119-hr2349

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2349 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2349

 To designate residents of the Xinjiang Uyghur Autonomous Region as 
 Priority 2 refugees of special humanitarian concern, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 25, 2025

Mr. Subramanyam (for himself, Mr. Meeks, Ms. Salazar, Mr. Connolly, Ms. 
 Tokuda, Mr. Beyer, Mr. Sherman, Mr. Nunn of Iowa, Mr. Carson, Mr. 
 Magaziner, Ms. Titus, Mr. Moulton, and Mr. Krishnamoorthi) introduced 
 the following bill; which was referred to the Committee on the 
 Judiciary, and in addition to the Committee on Foreign Affairs, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
 committee concerned

_______________________________________________________________________

 A BILL

 To designate residents of the Xinjiang Uyghur Autonomous Region as 
 Priority 2 refugees of special humanitarian concern, 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 ``Uyghur Human Rights Protection 
Act''.

SEC. 2. FINDINGS.

 Congress makes the following findings:

    (1) The Government of the People's Republic of China has a 
 long history of repressing Turkic Muslims and other Muslim 
 minority groups, particularly Uyghurs, in the Xinjiang Uyghur 
 Autonomous Region (``Xinjiang'' or ``XUAR''), also known as 
 East Turkestan. Central and regional Chinese government 
 policies have systematically discriminated against these 
 minority groups by denying them a range of civil and political 
 rights, particularly freedom of religion.

    (2) In May 2014, the Government of the People's Republic of 
 China launched its latest ``Strike Hard Against Violent 
 Extremism'' campaign, using wide-scale, internationally linked 
 threats of terrorism as a pretext to justify pervasive 
 restrictions on and serious human rights violations against 
 members of ethnic minority communities in Xinjiang. The August 
 2016 appointment of former Tibet Autonomous Region Party 
 Secretary Chen Quanguo to be Party Secretary of the XUAR 
 accelerated the crackdown across the region. Scholars, human 
 rights organizations, journalists, and think tanks have 
 provided ample evidence substantiating the establishment by the 
 Government of the People's Republic of China of internment 
 camps. Since 2017, the Government of the People's Republic of 
 China has detained more than 1,000,000 Uyghurs, ethnic Kazakhs, 
 Kyrgyz, and members of other Muslim minority groups in these 
 camps. The total ethnic minority population of Xinjiang Uyghur 
 Autonomous Region was approximately 13,000,000 at the time of 
 the last census conducted by the People's Republic of China in 
 2010.

    (3) The Government of the People's Republic of China's 
 actions against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of 
 other Muslim minority groups in Xinjiang violate international 
 human rights laws and norms, including--
        (A) the International Convention on the Elimination 
 of All Forms of Racial Discrimination, to which the 
 People's Republic of China has acceded;
        (B) the Convention against Torture and Other Cruel, 
 Inhuman or Degrading Treatment or Punishment, which the 
 People's Republic of China has signed and ratified;
            (C) the Convention on the Prevention and Punishment 
 of the Crime of Genocide, which the People's Republic 
 of China has signed and ratified;
            (D) the International Covenant on Civil and 
 Political Rights, which the People's Republic of China 
 has signed; and
        (E) the Universal Declaration of Human Rights and 
 the International Labor Organization's Force Labor 
 Convention (no. 29) and the Abolition of Forced Labor 
 Convention (no. 105).

    (4) Senior Chinese Communist Party officials bear direct 
 responsibility for gross human rights violations committed 
 against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other 
 Muslim minority groups. These abuses include the arbitrary 
 detention of more than 1,000,000 Uyghurs, ethnic Kazakhs, 
 Kyrgyz, and members of other Muslim minority groups, separation 
 of working age adults from their children and elderly parents, 
 and the integration of forced labor into supply chains.

    (5) Those held in detention facilities and internment camps 
 in the Xinjiang Uyghur Autonomous Region have described forced 
 political indoctrination, torture, beatings, food deprivation, 
 sexual assault, coordinated campaigns to reduce birth rates 
 among Uyghurs and other Turkic Muslims through forced 
 sterilization, and denial of religious, cultural, and 
 linguistic freedoms. These victims have confirmed they were 
 told by guards that the only way to secure their release was to 
 demonstrate adequate political loyalty. Poor conditions and 
 lack of medical treatment at such facilities appear to have 
 contributed to the deaths of some detainees, including the 
 elderly and infirm. Recent media reports indicate that since 
 2019 the Government of the People's Republic of China has newly 
 constructed, expanded, or fortified at least 60 detention 
 facilities with higher security or prison-like features.

    (6) In September 2018, United Nations High Commissioner for 
 Human Rights Michelle Bachelet noted ``the deeply disturbing 
 allegations of large-scale arbitrary detentions of Uyghurs and 
 other Muslim communities, in so-called reeducation camps across 
 Xinjiang''.

    (7) In 2019, the Congressional-Executive Commission on 
 China concluded that, based on available evidence, the 
 establishment and actions committed in the internment camps in 
 Xinjiang Uyghur Autonomous Region may constitute ``crimes 
 against humanity''.

    (8) Uyghurs and ethnic Kazaks resettled or residing in 
 third countries report being subjected to threats and 
 harassment from People's Republic of China officials.

    (9) There is a backlog of approximately 3.6 million visa 
 applicants waiting to enter the United States. Wait times for 
 certain visas are between 5 and 18 years.

SEC. 3. DESIGNATION OF CERTAIN RESIDENTS OF THE XINJIANG UYGHUR 
 AUTONOMOUS REGION.

    (a) In General.--Persons of special humanitarian concern eligible 
for Priority 2 processing under the refugee resettlement priority 
system shall include the following:

    (1) Individuals who are residents of or fled the Xinjiang 
 Uyghur Autonomous Region who suffered persecution or have a 
 well-founded fear of persecution on account of their peaceful 
 expression of political opinions, religious or cultural 
 beliefs, or peaceful participation in political, religious, or 
 cultural activities or associations.

    (2) Individuals residing in other provinces of China, or 
 individuals not firmly resettled in third countries, who fled 
 the Xinjiang Uyghur Autonomous Region because of the causes 
 described in paragraph

    (1) .

    (3) Individuals who have been formally charged, detained, 
 or convicted on account of their peaceful actions as described 
 in the Uyghur Human Rights Policy Act of 2020 (Public Law 116-
 145).

    (4) The spouses, children, and parents (as such terms are 
 defined in subsections

    (a) and

    (b) of 

section 101 of the 
 Immigration and Nationality Act (8 U.S.C. 1101)) of individuals 
 described in paragraph

    (1) ,

    (2) , or

    (3) , except such parents 
 who are citizens of a country other than the People's Republic 
 of China.

    (b) Processing of Xinjiang Uyghur Autonomous Region Refugees.--The 
processing of individuals described in subsection

    (a) for 
classification as refugees may occur in China or in a third country.
            (c) Eligibility for Admission as Refugees.--An alien may not be 
denied the opportunity to apply for admission as a refugee under this 
section primarily because such alien--

    (1) qualifies as an immediate relative of a citizen of the 
 United States; or

    (2) is eligible for admission to the United States under 
 any other immigrant classification.
            (d) Facilitation of Admissions.--Certain applicants for admission 
to the United States from the Xinjiang Uyghur Autonomous Region, as 
described in subsection

    (a) , may not be denied primarily on the basis 
of a politically, religiously, or culturally motivated arrest, 
detention, or other adverse government action taken against such 
applicant as a result of the participation by such applicant in protest 
activities.

    (e) Exclusion From Numerical Limitations.--Aliens provided refugee 
status under this section shall not be counted against any numerical 
limitation under 

section 201, 202, 203, or 207 of the Immigration and 
Nationality Act (8 U.S.C. 1151, 1152, 1153, or 1157).

    (f) Priority.--The Secretary of State shall prioritize bilateral 
diplomacy with third countries hosting former residents from the 
Xinjiang Uyghur Autonomous Region, as described in subsection

    (a) , and 
who face significant diplomatic pressure from the Government of the 
People's Republic of China.

    (g) Reporting Requirements.--

    (1) In general.--Not later than 180 days after the date of 
 the enactment of this Act, and every 90 days thereafter, the 
 Secretary of State and the Secretary of Homeland Security shall 
 submit a report on the matters described in paragraph

    (2) to--
        (A) the Committee on the Judiciary and the 
 Committee on Foreign Relations of the Senate; and
        (B) the Committee on the Judiciary and the 
 Committee on Foreign Affairs of the House of 
 Representatives.

    (2) Matters to be included.--Each report required by 
 paragraph

    (1) shall include--
        (A) the total number of applications that are 
 pending at the end of the reporting period;
        (B) the average wait times and number of applicants 
 who are currently pending--
            (i) a pre-screening interview with a 
 resettlement support center;
            (ii) an interview with U.S. Citizenship and 
 Immigration Services;
            (iii) the completion of security checks; 
 and
            (iv) receipt of a final decision after 
 completion of an interview with U.S. 
 Citizenship and Immigration Services; and
            (C) the number of denials of applications for 
 refugee status, disaggregated by the reason for each 
 such denial.

    (3) Form.--Each report required by paragraph

    (1) shall be 
 submitted in unclassified form, but may include a classified 
 annex.

    (4) Public reports.--The Secretary of State shall make each 
 report submitted under this subsection available to the public 
 on the internet website of the Department of State.

    (h) Satisfaction of Other Requirements.--Aliens eligible under this 
section for Priority 2 processing under this section as Priority 2 
refugees of special humanitarian concern under the refugee resettlement 
priority system shall be considered to satisfy the requirements under 

section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) for 
admission to the United States.

SEC. 4. WAIVER OF IMMIGRANT STATUS PRESUMPTION.

    (a) In General.--The presumption under the first sentence of 

section 214

    (b) of the Immigration and Nationality Act (8 U.S.C. 
1184

    (b) ) that every alien is an immigrant until the alien establishes 
that the alien is entitled to nonimmigrant status shall not apply to an 
alien described in subsection

    (b) .

    (b) Alien Described.--

    (1) In general.--An alien described in this paragraph is an 
 alien who--
        (A) on January 1, 2023, was a resident of the 
 Xinjiang Special Administrative Region;
        (B) fled the Xinjiang Special Administrative Region 
 after June 30, 2009, and now resides in a different 
 province of China or third country;
            (C) is seeking entry to the United States to apply 
 for asylum under 

section 208 of the Immigration and 
 Nationality Act (8 U.S.C. 1158); and
            (D) is facing repression in the Xinjiang Uyghur 
 Autonomous Region by the Government of the People's 
 Republic of China including--
            (i) forced and arbitrary detention 
 including in internment and so-called re-
 education camps;
            (ii) forced political indoctrination, 
 torture, beatings, food deprivation, and denial 
 of religious, cultural, and linguistic 
 freedoms;
            (iii) forced labor;
            (iv) forced separation from family members; 
 or
            (v) other forms of systemic threats, 
 harassment, and gross human rights violations.

    (2) Exclusion.--An alien described in this paragraph does 
 not include any alien who--
        (A) is a citizen or permanent resident of a country 
 other than the People's Republic of China; or
        (B) is determined to have committed a gross 
 violation of human rights.
            (c) Intention To Abandon Foreign Residence.--The fact that an alien 
described in this section is or was the beneficiary of an application 
for refugee status, or is seeking entry to the United States to apply 
for asylum under 

section 208 of the Immigration and Nationality Act (8 
U.S.C. 1158), shall not constitute evidence of an intention to abandon 
a foreign residence for purposes of obtaining or maintaining the status 
of a nonimmigrant described in 

section 101

    (a)

    (15) of the Immigration 
and Nationality Act (8 U.S.C. 1101

    (a)

    (15) ).

SEC. 5. REFUGEE AND ASYLUM DETERMINATIONS UNDER THE IMMIGRATION AND 
 NATIONALITY ACT.

    (a) Persecution on Account of Political, Religious, or Cultural 
Expression or Association.--

    (1) In general.--In the case of an alien who is within a 
 category of aliens established under this Act, the alien may 
 establish, for purposes of 

section 3

    (a)

    (1) of this Act, that 
 the alien has a well-founded fear of persecution on account of 
 race, religion, nationality, membership in a particular social 
 group, or political opinion by asserting such a fear and 
 asserting a credible basis for concern about the possibility of 
 such persecution.

    (2) Nationals of the people's republic of china.--For 
 purposes of refugee determinations under this Act in accordance 
 with 

section 207 of the Immigration and Nationality Act (8 
 U.S.C. 1157), a national of the People's Republic of China 
 whose residency in the Xinjiang Uyghur Autonomous Region, or 
 any other area within the jurisdiction of the People's Republic 
 of China, as determined by the Secretary of State, is revoked 
 for having submitted to any United States Government agency a 
 nonfrivolous application for refugee status, asylum, or any 
 other immigration benefit under the immigration laws shall be 
 considered to have suffered persecution on account of political 
 opinion.

    (b) Changed Circumstances.--For purposes of asylum determinations 
under this Act in accordance with 

section 208 of the Immigration and 
Nationality Act (8 U.S.C. 1158), the revocation of the citizenship, 
nationality, or residency of an individual for having submitted to any 
United States Government agency a nonfrivolous application for refugee 
status, asylum, or any other immigration benefit under the immigration 
laws shall be considered to be a changed circumstance under subsection

    (a)

    (2)
            (D) of that section.
            (c) === Definition. ===
-For purposes of this section, the term 
``immigration laws'' has the meaning given such term in 

section 101

    (a)

    (17) of the Immigration and Nationality Act (8 U.S.C. 
1101

    (a)

    (17) ).

SEC. 6. STATEMENT OF POLICY ON ENCOURAGING ALLIES AND PARTNERS TO MAKE 
 SIMILAR ACCOMMODATIONS.

 It is the policy of the United States to encourage allies and 
partners of the United States to make accommodations similar to the 
accommodations made in this Act for residents of the Xinjiang Uyghur 
Autonomous Region who are fleeing oppression by the Government of the 
People's Republic of China.

SEC. 7. TERMINATION.

 This Act, and the amendments made by this Act, shall cease to have 
effect on the date that is 10 years after the date of the enactment of 
this Act.
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