H.R. 2349 — Uyghur Human Rights Protection Act

This section states congressional findings on the People's Republic of China's repression of Uyghurs, ethnic Kazakhs, Kyrgyz, and other Muslim minorities in Xinjiang Uyghur Autonomous Region, including the detention of more than 1 million individuals in internment camps since 2017 (out of an ethnic minority population of approximately 13 million per China's 2010 census); systematic denial of civil, political, and religious rights; violations of international agreements such as the Convention against Torture, Genocide Convention, and others; forced political indoctrination, torture, sexual assault, forced sterilizations, and deaths in custody; construction or expansion of at least 60 higher-security facilities since 2019; statements by the UN High Commissioner for Human Rights and the Congressional-Executive Commission on China; harassment of diaspora communities; and a U.S. visa backlog of approximately 3.6 million applicants with wait times of 5 to 18 years for certain visas.

This section designates as Priority 2 (P-2) refugees of special humanitarian concern under the U.S. Refugee Admissions Program individuals who are residents of or fled the Xinjiang Uyghur Autonomous Region (XUAR) due to persecution or well-founded fear thereof on account of peaceful political opinions, religious or cultural beliefs, or participation in related activities (as background, P-2 status allows designated groups to self-apply for resettlement without UNHCR referral); individuals in other Chinese provinces or third countries who fled XUAR for such reasons; those formally charged, detained, or convicted under the Uyghur Human Rights Policy Act of 2020 (P.L. 116-145); and their spouses, children, and parents (as defined in INA §101(a)-(b)), excluding parents who are citizens of countries other than the People's Republic of China. (Thus, such P-2 refugees satisfy all requirements for admission under INA §207 (8 U.S.C. 1157), are excluded from numerical caps under INA §§201-203 and 207 (8 U.S.C. 1151-1153, 1157), may be processed in China or third countries, and may not be denied refugee status primarily due to immediate relative status, other immigrant eligibility, or politically/religiously/culturally motivated arrests or detentions for protest activities.) The section further directs the Secretary of State to prioritize diplomacy with third countries hosting such individuals facing pressure from China and requires the Secretaries of State and Homeland Security to report to specified congressional committees, 180 days after enactment and every 90 days thereafter, on pending applications, average wait times by processing stage (pre-screening, USCIS interview, security checks, final decision), and denial reasons (in unclassified form with possible classified annex, publicly posted on the State Department website).

This section waives the presumption under INA §214(b)—that every alien is an immigrant until the alien establishes nonimmigrant status (i.e., facilitating nonimmigrant visas for such aliens)—for aliens who (1) were residents of the Xinjiang Special Administrative Region on January 1, 2023; (2) fled that region after June 30, 2009, to another Chinese province or third country; (3) seek U.S. entry to apply for asylum under INA §208; and (4) face specified repression by China's government in the Xinjiang Uyghur Autonomous Region, including forced detention in internment or re-education camps, political indoctrination, torture, forced labor, family separation, or other human rights violations. The waiver excludes aliens who are citizens or permanent residents of countries other than China or who have committed gross human rights violations. Additionally, pursuing refugee status or U.S. asylum does not constitute evidence of intent to abandon foreign residence for purposes of obtaining or maintaining nonimmigrant status under INA §101(a)(15).

This section establishes special rules for refugee and asylum determinations under the Immigration and Nationality Act (INA), as follows: (1) aliens within categories established under this Act may demonstrate a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion—for purposes of section 3(a)(1) of this Act—by asserting such fear and a credible basis for concern; (2) a national of the People’s Republic of China whose residency in the Xinjiang Uyghur Autonomous Region or other area within PRC jurisdiction (as determined by the Secretary of State) is revoked for submitting a nonfrivolous application to a U.S. government agency for refugee status, asylum, or other immigration benefit is deemed to have suffered persecution on account of political opinion for refugee admissions under INA §207 (8 U.S.C. 1157); and (3) for asylum under INA §208 (8 U.S.C. 1158), revocation of an individual’s citizenship, nationality, or residency for such a submission constitutes a changed circumstance under §208(a)(2)(D), excusing the one-year filing deadline. (Thus, such applicants may qualify for refugee status or post-one-year asylum without further proof of persecution or changed circumstances beyond the revocation itself.) It defines “immigration laws” as in INA §101(a)(17) (8 U.S.C. 1101(a)(17)).

This section declares it the policy of the United States to encourage allies and partners to make accommodations similar to those in this Act for residents of the Xinjiang Uyghur Autonomous Region fleeing oppression by the Government of the People's Republic of China.