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108th CONGRESS
1st Session
H. R. 3510
To designate Angola under section 244 of the Immigration and
Nationality Act in order to make nationals of Angola eligible for
temporary protected status under such section.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2003
Mr. Lynch introduced the following bill; which was referred to the
Committee on the Judiciary
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A BILL
To designate Angola under section 244 of the Immigration and
Nationality Act in order to make nationals of Angola eligible for
temporary protected status under such section.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Angolan Temporary Protected Status
Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Angola has just recently emerged from 41 years of
conflict, including a 14-year struggle for independence
followed by 27 years of civil war.
(2) As much as \1/3\ of the population of Angola was
displaced by warfare and now needs to be resettled, amounting
to some 4,000,000 internal and external refugees.
(3) The government established by the Lukasa Protocol is
currently struggling to meet the needs of its people in the
face of continued unrest and food shortages.
(4) National elections to create a freely elected
government may still be several years away.
(5) An insurgency group, the Front for the Liberation of
the Enclave of Cabinda (FLEC), remains active in Cabinda
province, where Amnesty International has reported instances of
human rights abuses such as indiscriminate killings, setting
fire to villages, and rape.
(6) The Department of State has identified Angola as a
place of ``considerable risk'' for travel, due to banditry,
extensive use of land mines during the war, and poor government
infrastructure and security capabilities.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that, in view of the difficulties
facing the Angolan people in the aftermath of their civil war, Angola
qualifies for designation under section 244(b)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1254a(b)(1)(A)), pursuant to which
Angolan nationals would be eligible for temporary protected status in
the United States.
SEC. 4. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS
TO ANGOLANS.
(a) Designation.--
(1) In general.--For purposes of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), Angola shall
be treated as if it had been designated under subsection (b) of
that section, subject to the provisions of this section.
(2) Period of designation.--The initial period of such
designation shall begin on the date of enactment of this Act
and shall remain in effect for 1 year.
(b) Aliens Eligible.--In applying section 244 of the Immigration
and Nationality Act (8 U.S.C. 1254a) pursuant to the designation made
under this section, subject to section 244(c)(3) of the Immigration and
Nationality Act (8 U.S.C. 1254a(c)(3)), an alien who is a national of
Angola meets the requirements of section 244(c)(1) of that Act (8
U.S.C. 1254a(c)(1)) only if--
(1) the alien has been continuously physically present in
the United States since the date of enactment of this Act;
(2) the alien is admissible as an immigrant, except as
otherwise provided under section 244(c)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(A)), and
is not ineligible for temporary protected status under section
244(c)(2)(B) of that Act (8 U.S.C. 1254a(c)(2)(B)); and
(3) the alien registers for temporary protected status in a
manner that the Secretary of Homeland Security shall establish.
(c) Consent to Travel Abroad.--The Secretary of Homeland Security
shall give the prior consent to travel abroad described in section
244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3))
to an alien who is granted temporary protected status pursuant to the
designation made under this section, if the alien establishes to the
satisfaction of the Secretary of Homeland Security that emergency and
extenuating circumstances beyond the control of the alien require the
alien to depart for a brief, temporary trip abroad. An alien returning
to the United States in accordance with such an authorization shall be
treated the same as any other returning alien provided temporary
protected status under section 244 of the Immigration and Nationality
Act (8 U.S.C. 1254a).
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