Justice for Victims of Sanctuary Cities Act of 2021 This bill provides a private right of action against state and local jurisdictions with certain policies that limit cooperation with federal immigration enforcement efforts, and contains additional provisions related to such jurisdictions. Currently, such cooperation is generally not required. An individual (or certain relatives of such an individual) who is the victim of any felony for which an alien has been arrested, convicted, or sentenced to a prison term of at least one year may sue a state or local jurisdiction if the jurisdiction failed to comply with (1) certain Department of Homeland Security (DHS) requests related to arresting and detaining aliens, and (2) a DHS request to detain the alien in question or provide a notification about the release of the alien. A jurisdiction that accepts certain federal grants may not assert immunity in such a civil action. A jurisdiction (or employee of a jurisdiction) that complies with certain DHS detainer requests shall be deemed to be acting as an agent of DHS. A complying jurisdiction or employee of the jurisdiction shall not be liable in any lawsuit relating to compliance with such requests. In a lawsuit against an employee of the jurisdiction, the United States shall be substituted in as the defendant, and remedies shall be limited to provisions for bringing tort claims against the federal government.
Dismemberment Abortion Ban Act of 2021 This bill restricts the performance of dismemberment abortions. It defines the term dismemberment abortion . Specifically, the bill prohibits a physician from knowingly performing a dismemberment abortion. It provides an exception for a dismemberment abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or condition. The bill establishes criminal penalties—a fine, a prison term of up to two years, or both—for a physician who performs a prohibited dismemberment abortion. It also authorizes civil remedies for a woman or parent of a minor who undergoes a dismemberment abortion. A woman who undergoes a dismemberment abortion may not be prosecuted or held civilly liable.
New Way Forward Act This bill makes changes to immigration enforcement, including ending mandatory detention in certain cases. The Department of Homeland Security (DHS) shall not enter into or extend any contract with any public or private for-profit entity to own or operate a facility to detain aliens in DHS custody. The bill provides for various protections related to detaining aliens, such as (1) requiring DHS to make an initial custody determination and establish probable cause within 48 hours of taking an alien into custody, (2) establishing in hearings related to such determinations a presumption that the alien be released, and (3) requiring immigration judges to impose the least restrictive detention conditions necessary. A DHS officer may not interrogate a person as to immigration status based on factors such as the person's race, religion, sexual orientation, or spoken language. The bill removes mandatory detention requirements for certain aliens, such as asylum seekers with a credible fear of persecution. Removal proceedings against certain aliens previously admitted into the United States must commence within five years of the alien becoming deportable or inadmissible. The bill also removes certain crime-related grounds of inadmissibility and deportability. The bill gives immigration judges discretion to provide relief from removal if the removal is not based on certain crime-related grounds. State or local officers are prohibited from performing certain immigration enforcement functions, such as apprehending aliens. The National Crime Information Center database shall not contain an alien's immigration information. The bill repeals provisions providing criminal penalties for improper entry or reentry into the United States.
Reunite Every Unaccompanied Newborn Infant, Toddler and other children Expeditiously Act or the REUNITE Act This bill directs the Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS) to reunite children and their parents or legal guardians who were apprehended for illegal entry into the United States. DHS and HHS shall develop procedures and programs, including procedures to (1) identify separated family members, (2) allow apprehended parents or legal guardians to have frequent no-cost contact with their separated children, and (3) coordinate with foreign consulates to locate apprehended individuals. DHS and HHS shall ensure immediate reunification of apprehended children with a parent or legal guardian, but may make exceptions for the child's safety. DHS and HHS may use DNA testing to determine family relationships, but shall first use other methods, such as official documents. DHS and HHS shall develop procedures for instances where the aliens refuse to consent to DNA testing. Collected DNA information may not be used for any purpose other than family reunification, including criminal or immigration enforcement. The bill restores the Family Case Management Program, an alternative to detention program that uses case managers to promote compliance with immigration law obligations. DHS, HHS, and the Department of Justice (DOJ) shall establish the Office for Locating and Reuniting Children with Parents. Aliens shall have access to counsel inside immigration detention facilities, and DOJ may provide counsel for immigration proceedings. DOJ shall provide counsel if necessary for children and vulnerable individuals, and children's cases shall be heard individually.
Protecting Sensitive Locations Act This bill prohibits immigration enforcement actions within 1,000 feet of a sensitive location unless there are exigent circumstances and written prior approval has been obtained from certain officials. Sensitive locations include health care facilities; schools and school bus stops; places that provide assistance for people such as children, pregnant women, and abuse victims; places that provide disaster or emergency services; places of worship; courthouses and lawyers' offices; and public assistance offices. The prohibition shall apply to Department of Homeland Security officers and agents, as well as state employees pursuing immigration enforcement actions. If an enforcement action is carried out in violation of this prohibition (1) no information resulting from the action may be entered into the record in a resulting removal proceeding, and (2) the affected alien may move to immediately terminate such a proceeding. U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection shall annually report to Congress about enforcement actions taken at sensitive locations in the preceding year.
Protecting Individuals with Down Syndrome Act This bill creates new federal crimes related to the performance of an abortion on an unborn child who has Down syndrome. It subjects a violator to criminal penalties—a fine, a prison term of up to five years, or both. It also authorizes civil remedies, including damages and injunctive relief. A woman who undergoes such an abortion may not be prosecuted or held civilly liable.
Protecting the Dignity of Unborn Children Act of 2021 This bill establishes a new criminal offense for recklessly disposing of or abandoning fetal remains in a landfill or in any navigable waters of the United States. The term fetal remains means any part (except a cremated part) of a deceased human fetus following an abortion. A violator is subject to a fine, up to three years in prison, or both.
Jakelin Caal Death in Custody Reporting Act of 2021 This bill requires an investigation and reports for each death of an alien in Department of Homeland Security or Department of Health and Human Services custody. Within 24 hours of such a death, the relevant department shall provide to Congress a publicly available report containing (1) the name, gender, race, ethnicity, and age of the deceased; (2) the date, time, and location of the death; and (3) the circumstances surrounding the death. The relevant department shall conduct an investigation within 30 days of the death of an alien in its custody, including an analysis of (1) the root cause of the death, and (2) any policy or systemic changes that could reduce the possibility of such a death in the future. The results of such an investigation shall be reported to Congress and made publicly available on the internet.
Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act This bill prohibits any executive agency from using the term alien to refer to an individual who is not a U.S. citizen or national, or i llegal alien to refer to such an individual who is unlawfully present in the United States or lacks lawful immigration status. This prohibition does not apply when quoting certain texts. The bill (1) establishes a uniform definition for the term foreign national when used in acts of Congress and agencies; (2) replaces alien with foreign national in federal government documents, including statutes and regulations; and (3) replaces illegal alien with undocumented foreign national in such documents. Under the bill, a foreign national is any individual other than an individual (1) who is a citizen of the United States; or (2) though not a citizen of the United States, who owes permanent allegiance to the United States.
Hong Kong Safe Harbor Act This bill designates certain Hong Kong residents with priority status for refugee consideration and contains other related provisions. An individual and certain family members shall have such priority status if the individual (1) is a Hong Kong resident who suffered persecution or has a well-founded fear of persecution as a result of peaceful political activity; or (2) has been formally charged, detained, or convicted for certain peaceful actions. An individual receiving refugee status under this bill shall not be counted against various numerical limitations. When determining whether an individual shall be admitted as a refugee under this bill, an individual whose citizenship, nationality, or residency was revoked for submitting a nonfrivolous application for a U.S. immigration benefit shall be considered to have suffered persecution on account of political opinion. The general presumption that an alien is seeking immigrant status shall not apply to certain Hong Kong residents seeking asylum into the United States. (Typically, an alien seeking admission as a nonimmigrant must establish that the alien does not intend to immigrate to the United States.) This exception to the presumption shall apply to certain individuals involved in the 2019 and 2020 protests against China's encroachment into Hong Kong's autonomy (Hong Kong is a part of China but has a separate legal and economic system). An individual from Hong Kong may not be denied admission into the United States if the primary reason for the denial is a politically motivated government action against the individual's involvement in protests.
Heroes Lesley Zerebny and Gilbert Vega First Responders Survivors Support Act of 2021 This bill makes changes to benefits under the Public Safety Officers' Benefits (PSOB) program. The PSOB program provides death, disability, and education benefits to public safety officers and survivors of public safety officers who are killed or permanently disabled in the line of duty. Specifically, the bill modifies the program to (1) increase the death and disability benefit, (2) revise the date of determination for the amount of the death and disability benefit, and (3) increase the monthly education assistance benefit and otherwise revise the computation method for such benefit. The bill also directs the Government Accountability Office to examine and identify ways to improve access to benefits and the processing of claims under the program.
Security And Fairness Enhancement for America Act of 2021 or the SAFE for America Act of 2021 This bill eliminates the diversity immigrant program, which makes immigrant visas available to individuals from countries with low rates of immigration to the United States.
