HR194-118

1. Short title This Act may be cited as the Safeguards Ensuring Criminal and Unvetted Refugees don’t Enter America Act or the SECURE America Act.

2. Congressional authority to set refugee cap Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) is amended— in subsection (a)— by amending paragraphs (1) and (2) to read as follows: Before the beginning of a fiscal year and after appropriate consultation (as defined in subsection (e) of this section), the President shall submit to Congress a recommendation on the number of refugees who may be admitted under this section in any fiscal year. Except as provided in subsection (b), no refugees may be admitted under this section in a fiscal year until such time as a joint resolution is enacted which sets the number of refugees who may be admitted under this section in that fiscal year. in paragraph (4)— by striking determination and inserting recommendation; by striking (beginning with fiscal year 1992) and inserting (beginning with fiscal year 2023); and by striking determined and inserting recommended; in subsection (b)— by striking fix and inserting submit to Congress a recommendation for; by striking situation and such and inserting situation. Any such; by striking determination made by the President and insert recommendation made by the President; and by adding at the end the following: No refugees may be admitted under this subsection until such time as a joint resolution is enacted which sets the number of refugees who may be admitted under this subsection.; in subsection (c)(1), by striking Subject to the numerical limitations established pursuant to subsections (a) and (b) and inserting Subject to the enactment of a joint resolution under subsection (a) or (b), and the numerical limitations established pursuant to such a resolution,; and in subsection (d)(3), by striking determination each place it appears and inserting recommendation. (1)Before the beginning of a fiscal year and after appropriate consultation (as defined in subsection (e) of this section), the President shall submit to Congress a recommendation on the number of refugees who may be admitted under this section in any fiscal year.(2)Except as provided in subsection (b), no refugees may be admitted under this section in a fiscal year until such time as a joint resolution is enacted which sets the number of refugees who may be admitted under this section in that fiscal year.; and

3. Congressional review The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 207 the following: Not later than 30 days before an alien or a class of aliens is determined to be eligible for refugee status, the Secretary of Homeland Security shall submit to Congress a notice of the determination of eligibility and the facts supporting such a determination. A notice submitted pursuant to subsection (a) shall be treated in the same manner as a rule under chapter 8 of title 5, United States Code (commonly known as the Congressional Review Act) and shall be subject to the same procedure for disapproval of a rule under such chapter. 207A.Congressional review of admission of certain refugees(a)Rule providing noticeNot later than 30 days before an alien or a class of aliens is determined to be eligible for refugee status, the Secretary of Homeland Security shall submit to Congress a notice of the determination of eligibility and the facts supporting such a determination.(b)Congressional reviewA notice submitted pursuant to subsection (a) shall be treated in the same manner as a rule under chapter 8 of title 5, United States Code (commonly known as the Congressional Review Act) and shall be subject to the same procedure for disapproval of a rule under such chapter..

207A. Congressional review of admission of certain refugees Not later than 30 days before an alien or a class of aliens is determined to be eligible for refugee status, the Secretary of Homeland Security shall submit to Congress a notice of the determination of eligibility and the facts supporting such a determination. A notice submitted pursuant to subsection (a) shall be treated in the same manner as a rule under chapter 8 of title 5, United States Code (commonly known as the Congressional Review Act) and shall be subject to the same procedure for disapproval of a rule under such chapter.

4. Vetting of refugees prior to admission Section 207 of the Immigration and Nationality Act, as amended by section 3, is further amended by adding at the end the following: In addition to the screening conducted by the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation shall take all actions necessary to ensure that each alien receives a thorough background investigation, including an assimilation likelihood screening under section 212(a)(3)(H), prior to admission as a refugee. An alien may not be admitted as a refugee until the Director of the Federal Bureau of Investigation certifies to the Secretary of Homeland Security, Secretary of State, and the Director of National Intelligence that each covered alien has received a background investigation that is sufficient to determine whether the covered alien is a threat to the security of the United States. An alien may only be admitted to the United States after the Secretary of Homeland Security, with the unanimous concurrence of the Director of the Federal Bureau of Investigation and the Director of National Intelligence, certifies to Congress that the covered alien is not a threat to the security of the United States. The Inspector General of the Department of Homeland Security shall conduct a risk-based review of all certifications made under paragraph (1) each year and shall provide an annual report detailing the findings to Congress. The Secretary of Homeland Security shall submit to Congress a monthly report on the total number of applications for admission with regard to which a certification under paragraph (1) was made and the number of aliens with regard to whom such a certification was not made for the month preceding the date of the report. The report shall include, for each alien with regard to whom a certification was not made, the concurrence or nonconcurrence of each person whose concurrence was required under paragraph (1). The report shall also include the country of origin of each alien and the grounds for which each alien is seeking refuge in the United States. (g)(1)In addition to the screening conducted by the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation shall take all actions necessary to ensure that each alien receives a thorough background investigation, including an assimilation likelihood screening under section 212(a)(3)(H), prior to admission as a refugee. An alien may not be admitted as a refugee until the Director of the Federal Bureau of Investigation certifies to the Secretary of Homeland Security, Secretary of State, and the Director of National Intelligence that each covered alien has received a background investigation that is sufficient to determine whether the covered alien is a threat to the security of the United States.(2)An alien may only be admitted to the United States after the Secretary of Homeland Security, with the unanimous concurrence of the Director of the Federal Bureau of Investigation and the Director of National Intelligence, certifies to Congress that the covered alien is not a threat to the security of the United States.(3)The Inspector General of the Department of Homeland Security shall conduct a risk-based review of all certifications made under paragraph (1) each year and shall provide an annual report detailing the findings to Congress.(4)The Secretary of Homeland Security shall submit to Congress a monthly report on the total number of applications for admission with regard to which a certification under paragraph (1) was made and the number of aliens with regard to whom such a certification was not made for the month preceding the date of the report. The report shall include, for each alien with regard to whom a certification was not made, the concurrence or nonconcurrence of each person whose concurrence was required under paragraph (1). The report shall also include the country of origin of each alien and the grounds for which each alien is seeking refuge in the United States..

5. Assimilation likelihood screening Section 212(a)(3) of the Immigration and Nationality Act is amended— by amending subparagraph (C) to read as follows: An alien whose entry or proposed activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is inadmissible. by adding at the end the following: Any alien who has expressed or, based on a screening, has been determined to hold any views incompatible with the principles of the United States, as described in clause (ii) is inadmissible. The following are view incompatible with the principles of the United States: The belief that a system of religious law should be implemented in the United States. The belief that a system of religious law should operate in parallel to or supersede the laws of the United States, a State, territory, or municipality thereof. The belief that violence based on religious teachings is justified under any circumstances. The belief that individuals should not be entitled to any right guaranteed to them in the Constitution of the United States, or any amendment thereto. The belief that the Constitution of the United States, and all amendments thereto are not the supreme law of the land. The belief that authoritarian forms of government are superior to representative democracy. The belief that the alien does not need to learn how to speak and understand the English language, if the alien is not already fluent in English. Any other belief that the Secretary of State, in coordination with the Secretary of Homeland Security, determines to be incompatible with the principles of the United States. Section 235(c) of the Immigration and Nationality Act (8 U.S.C. 1225(c)) is amended— in paragraph (1), in the matter preceding subparagraph (A), by striking or (C) and inserting (C), or (H); and in paragraph (2)(B)(i), by striking or (C) and inserting (C), or (H). (C)Foreign policyAn alien whose entry or proposed activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is inadmissible.; and (H)Assimilation likelihood screening(i)In generalAny alien who has expressed or, based on a screening, has been determined to hold any views incompatible with the principles of the United States, as described in clause (ii) is inadmissible.(ii)Views incompatible with the principles of United States describedThe following are view incompatible with the principles of the United States:(I)The belief that a system of religious law should be implemented in the United States.(II)The belief that a system of religious law should operate in parallel to or supersede the laws of the United States, a State, territory, or municipality thereof.(III)The belief that violence based on religious teachings is justified under any circumstances.(IV)The belief that individuals should not be entitled to any right guaranteed to them in the Constitution of the United States, or any amendment thereto.(V)The belief that the Constitution of the United States, and all amendments thereto are not the supreme law of the land.(VI)The belief that authoritarian forms of government are superior to representative democracy.(VII)The belief that the alien does not need to learn how to speak and understand the English language, if the alien is not already fluent in English.(VIII)Any other belief that the Secretary of State, in coordination with the Secretary of Homeland Security, determines to be incompatible with the principles of the United States..

6. Rescind authority of the Secretary of Homeland Security to parole aliens into the United States Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by striking paragraph (5) and inserting the following: Notwithstanding any other provision of law, the Secretary of Homeland Security may not parole into the United States any alien who has not been granted status under the immigration laws of the United States. (5)Notwithstanding any other provision of law, the Secretary of Homeland Security may not parole into the United States any alien who has not been granted status under the immigration laws of the United States..

7. Provides States authority to reject to refugees Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by adding at the end the following: Not later than 30 days before the date on which a refugee is to resettled in a State, the Director or Federal agency administering subsection (b)(1) shall submit to the chief executive of the State in which resettlement is to take place a notice of the intention to resettle aliens in such State. Notwithstanding any other provision of this section, the Director or the Federal agency administering subsection (b)(1) may not resettle any refugee or coordinate placement of any refugee in a State if the chief executive of the State communicates to the Director that the State does not accede to the resettlement or placement of refugees in that State. (g)Limitation on resettlement(1)NoticeNot later than 30 days before the date on which a refugee is to resettled in a State, the Director or Federal agency administering subsection (b)(1) shall submit to the chief executive of the State in which resettlement is to take place a notice of the intention to resettle aliens in such State.(2)DisapprovalNotwithstanding any other provision of this section, the Director or the Federal agency administering subsection (b)(1) may not resettle any refugee or coordinate placement of any refugee in a State if the chief executive of the State communicates to the Director that the State does not accede to the resettlement or placement of refugees in that State..

8. Removal of refugees who commit crimes of violence Section 207 of the Immigration and Nationality Act, as amended by sections 3 and 4, is further amended by adding at the end the following: An alien who commits a crime of violence (as such term is defined in section 16(a) of title 18, United States Code) shall be ineligible for admission as a refugee and shall be ordered removed. In the case of a refugee whose status is adjusted to that of an alien lawfully admitted for permanent residence and who commits a crime of violence (as such term is defined in section 16(a) of title 18, United States Code), such status shall be rescinded. (h)(1)An alien who commits a crime of violence (as such term is defined in section 16(a) of title 18, United States Code) shall be ineligible for admission as a refugee and shall be ordered removed.(2)In the case of a refugee whose status is adjusted to that of an alien lawfully admitted for permanent residence and who commits a crime of violence (as such term is defined in section 16(a) of title 18, United States Code), such status shall be rescinded..