S.Amdt. 1565

SA 1565. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch)
to the bill S. 744, to provide for comprehensive immigration reform and
for other purposes; which was ordered to lie on the table; as follows:

In title III, beginning on page 174, strike line 6 and all
that follows through page 180, line 5, and insert the
following:

SEC. 3401. REFUGEE FAMILY PROTECTIONS.

A child of an alien who qualifies for admission as a spouse
or child under section 207(c)(2)(A) or 208(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1157(c)(2)(A) and
1158(b)(3)) shall be entitled to the same status as such
alien if the child--
(1) is accompanying or following to join such alien; and
(2) is otherwise eligible under section 207(c)(2)(A) or
208(b)(3) of the Immigration and Nationality Act.

SEC. 3402. CLARIFICATION ON DESIGNATION OF CERTAIN REFUGEES.

(a) Termination of Certain Preferential Treatment in
Immigration of Amerasians.--Section 584 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (8 U.S.C. 1101 note) is amended by
adding at the end the following:
``(f) No visa may be issued under this section if the
petition or application for such visa is submitted on or
after the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act.''.
(b)  Refugee Designation.--Section 207(c)(1) (8 U.S.C.
1157(c)(1)) is amended--
(1) by inserting ``(A)'' before ``Subject to the numerical
limitations''; and
(2) by adding at the end the following:
``(B)(i) The President, upon a recommendation of the
Secretary of State made in consultation with the Secretary of
Homeland Security, and after appropriate consultation, may
designate specifically defined groups of aliens--
``(I) whose resettlement in the United States is justified
by humanitarian concerns or is otherwise in the national
interest; and
``(II) who--
``(aa) share common characteristics that identify them as
targets of persecution on account of race, religion,
nationality, membership in a particular social group, or
political opinion; or
``(bb) having been identified as targets as described in
item (aa), share a common need for resettlement due to a
specific vulnerability.
``(ii) An alien who establishes membership in a group
designated under clause (i) to the satisfaction of the
Secretary of Homeland Security shall be considered a refugee
for purposes of admission as a refugee under this section
unless the Secretary determines that such alien 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.
``(iii) A designation under clause (i) is for purposes of
adjudicatory efficiency and may be revoked by the President
at any time after notification to Congress.
``(iv) Categories of aliens established under section 599D
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167; 8
U.S.C. 1157 note)--
``(I) shall be designated under clause (i) until the end of
the first fiscal year commencing after the date of the
enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act; and
``(II) shall be eligible for designation thereafter at the
discretion of the President, considering, among other
factors, whether a country under consideration has been
designated by the Secretary of State as a `Country of
Particular Concern' for engaging in or tolerating systematic,
ongoing, and egregious violations of religious freedom.
``(v) A designation under clause (i) shall not influence
decisions to grant, to any alien, asylum under section 208,
protection under section 241(b)(3), or protection under the
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York December
10, 1984.
``(vi) A decision to deny admission under this section to
an alien who establishes to the satisfaction of the Secretary
that the alien is a member of a group designated under clause
(i) shall--
``(I) be in writing; and
``(II) state, to the maximum extent feasible, the reason
for the denial.
``(vii) Refugees admitted pursuant to a designation under
clause (i) shall be subject to the number of admissions and
be admissible under this section.''.
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