Title 22 — Foreign Relations and Intercourse
Chapter 73 — International Religious Freedom
§ 6472. Reform of refugee policy
Statutory text
, (b) Omitted
Guidelines for refugee-processing posts
Guidelines for addressing hostile biases
The Attorney General and the Secretary of State shall develop and implement guidelines that address potential biases in personnel of the Immigration and Naturalization Service and of the Department of State that are hired abroad and involved with duties which could constitute an effective barrier to a refugee claim if such personnel carries a bias against the claimant on the grounds of religion, race, nationality, membership in a particular social group, or political opinion. The subject matter of this training should be culturally sensitive and tailored to provide a nonbiased, nonadversarial atmosphere for the purpose of refugee adjudications.
Guidelines for refugee-processing posts in establishing agreements with United States Government-designated refugee processing entities
The Attorney General and the Secretary of State shall develop and implement guidelines to ensure uniform procedures for establishing agreements with United States Government-designated refugee processing entities and personnel, and uniform procedures for such entities and personnel responsible for preparing refugee case files for use by the Immigration and Naturalization Service during refugee adjudications. These procedures should ensure, to the extent practicable, that case files prepared by such entities accurately reflect information provided by the refugee applicants and that genuine refugee applicants are not disadvantaged or denied refugee status due to faulty case file preparation.
Guidelines for preventing persons with potential biases from participating in determinations
Not later than 120 days after , the Secretary of State (after consultation with the Attorney General) shall issue guidelines to ensure that persons with potential biases against any refugee applicant, including persons employed by, or otherwise subject to influence by, governments known to be involved in persecution on account of religion, race, nationality, membership in a particular social group, or political opinion, shall not in any way be used in processing determinations of refugee status, including interpretation of conversations or examination of documents presented by such applicants.
Annual consultation
The President shall include in each annual report on proposed refugee admissions under section 1157(d) of title 8 information about religious persecution of refugee populations eligible for consideration for admission to the United States. The Secretary of State shall include information on religious persecution of refugee populations in the formal testimony presented to the Committees on the Judiciary of the House of Representatives and the Senate during the consultation process under section 1157(e) of title 8.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
International Religious Freedom Act of 1998
Pub. L. 105–292 title VI § 602 · 112 Stat. 2787
Enacted · 22 U.S.C. § 6472
Pub. L. 105–292, title VI, § 602, Oct. 27, 1998, 112 Stat. 2812
Source evidence
Code source credit
Pub. L. 105–292, title VI, § 602, Oct. 27, 1998, 112 Stat. 2812Enacted provision · exact public law section
SEC. 602. REFORM OF REFUGEE POLICY. (a) Training.— Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) is amended by adding at the end the following new subsection: “(f) (1) The Attorney General, in consultation with the Secretary of State, shall provide all United States officials adjudicating refugee cases under this section with the same training as that provided to officers adjudicating asylum cases under section 208. “(2) Such training shall include country-specific conditions, instruction on the internationally recognized right to freedom of religion, instruction on methods of religious persecution practiced in foreign countries, and applicable distinctions within a country between the nature of and treatment of various religious practices and believers.”. (b) Training for Foreign Service Officers.— Section 708 of the Foreign Service Act of 1980, as added by section 104 of this Act, is further amended— (1) by inserting “(a)” before “The Secretary of State”; and (2) by adding at the end the following: “(b) The Secretary of State shall provide sessions on refugee law and adjudications and on religious persecution to each individual seeking a commission as a United States consular officer. The Secretary shall also ensure that any member of the Service who is assigned to a position that may be called upon to assess requests for consideration for refugee admissions, including any consular officer, has completed training on refugee law and refugee adjudications in addition to the training required in this section.”. (c) Guidelines for Refugee-Processing Posts.— (1) Guidelines for addressing hostile biases.— The Attorney General and the Secretary of State shall develop and implement guidelines that address potential biases in personnel of the Immigration and Naturalization Service that are hired abroad and involved with duties which could constitute an effective barrier to a refugee claim if such personnel carries a bias against the claimant on the grounds of religion, race, nationality, membership in a particular social group, or political opinion. The subject matter of this training should be culturally sensitive and tailored to provide a nonbiased, nonadversarial atmosphere for the purpose of refugee adjudications. (2) Guidelines for refugee-processing posts in establishing agreements with united states government-designated refugee processing entities.— The Attorney General and the Secretary of State shall develop and implement guidelines to ensure uniform procedures for establishing agreements with United States Government-designated refugee processing entities and personnel, and uniform procedures for such entities and personnel responsible for preparing refugee case files for use by the Immigration and Naturalization Service during refugee adjudications. These procedures should ensure, to the extent practicable, that case files prepared by such entities accurately reflect information provided by the refugee applicants and that genuine refugee applicants are not disadvantaged or denied refugee status due to faulty case file preparation. (d) Annual Consultation.— The President shall include in President. each annual report on proposed refugee admissions under section 207(d) of the Immigration and Nationality Act (8 U.S.C. 1157(d)) information about religious persecution of refugee populations eligible for consideration for admission to the United States. The Secretary of State shall include information on religious persecution of refugee populations in the formal testimony presented to the Committees on the Judiciary of the House of Representatives and the Senate during the consultation process under section 207(e) of the Immigration and Nationality Act (8 U.S.C. 1157(e)).District of Columbia Appropriations Act, 2000
Pub. L. 106–113 § 1000(a)(7)(dA)(tII)(s253)(a) · 113 Stat. 1501
Inserted · 22 U.S.C. § 6472(c)(1)
Pub. L. 106–113, § 1000(a)(7) [div. A, title II, § 253(a)], inserted “and of the Department of State” after “Service”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 106–113, § 1000(a)(7) [div. A, title II, § 253(a)], inserted “and of the Department of State” after “Service”.District of Columbia Appropriations Act, 2000
Pub. L. 106–113 § 1000(a)(7)(dA)(tII)(s253)(b) · 113 Stat. 1501
Added · 22 U.S.C. § 6472(c)(3)
Pub. L. 106–113, § 1000(a)(7) [div. A, title II, § 253(b)], added par. (3)
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 106–113, § 1000(a)(7) [div. A, title II, § 253(b)], added par. (3).
1 of 3 references resolved to an enrolled provision · 2 partial
Editorial Notes
Codification
Section is comprised of section 602 of Pub. L. 105–292. Subsec. (a) of section 602 of Pub. L. 105–292 amended section 1157 of Title 8, Aliens and Nationality. Subsec. (b) of section 602 of Pub. L. 105–292 amended section 4028 of this title.
Amendments
1999—Subsec. (c)(1). Pub. L. 106–113, § 1000(a)(7) [div. A, title II, § 253(a)], inserted “and of the Department of State” after “Service”.
Subsec. (c)(3). Pub. L. 106–113, § 1000(a)(7) [div. A, title II, § 253(b)], added par. (3).
Statutory Notes and Related Subsidiaries
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
Credits
1998–1999 · 2 acts
- 1998Pub. L. 105–292, title VI, § 602, , 112 Stat. 2812
- 1999Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 253], , 113 Stat. 1536, 1501A–432.
Show as published
(Pub. L. 105–292, title VI, § 602, , 112 Stat. 2812; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 253], , 113 Stat. 1536, 1501A–432.)