ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

22 U.S.C. § 2730Prohibition on funding the involuntary return of refugees

submitted 70 years ago by Pub. L. 107-228 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 382 words · no verdicts yet

in plain englishAI-generated · not legal advice

Specified State Department and refugee-assistance funds may not be used to force a person back to a country where the person has a well-founded fear of persecution, subject to a listed refugee-law exception. The Secretary generally must notify Congress before such a return and the section defines key terms.

(a) Prohibition. (1) Unless paragraph (2) applies, money made available to the State Department or the United States Emergency Refugee and Migration Assistance Fund may not be used to make the United States involuntarily return anyone to a country where the person has a well-founded fear of persecution because of race, religion, nationality, membership in a particular social group, or political opinion. (2) This prohibition does not apply when the return is based on grounds recognized as preventing refugee protection under the 1951 United Nations Refugee Convention and the 1967 Protocol, subject to the reservations in the Senate's resolution consenting to the Protocol. (b) Notice to Congress in all cases. Those funds may not be used to make the United States involuntarily return anyone to any country unless the Secretary first notifies the appropriate congressional committees. In an emergency threatening human life, the Secretary must notify them as soon as practicable. (c) Construction. This section does not affect State Department activities concerning removal proceedings under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or extradition. (d) Definitions. (1) "Appropriate congressional committees" means the Senate Foreign Relations Committee and the House International Relations Committee. (2) "To effect the involuntary return" means requiring a person, by physical force or circumstances amounting to a threat of physical force, to return against the person's will, whether or not the person is physically in the United States and whether the United States acts directly or through an agent.
the actual law source: uscode.house.gov ↗public domain
(a) Prohibition
(1) In general

Except as provided in paragraph (2), none of the funds made available to the Department of State, or the United States Emergency Refugee and Migration Assistance Fund established in section 2601(c) of this title, may be available to effect the involuntary return by the United States of any person to a country in which the person has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

(2) Exception

The prohibition in paragraph (1) does not apply to the return of any person on grounds recognized as precluding protection as a refugee under the United Nations Convention Relating to the Status of Refugees of July 28, 1951, and the Protocol Relating to the Status of Refugees of January 31, 1967, subject to the reservations contained in the United States Senate resolution of advice and consent to ratification of the Protocol.

(b) Congressional notification required in all cases

None of the funds made available to the Department of State, or the United States Emergency Refugee and Migration Assistance Fund established in section 2601(c) of this title, may be available to effect the involuntary return by the United States of any person to any country unless the Secretary first notifies the appropriate congressional committees, except that, in the case of an emergency involving a threat to human life, the Secretary shall notify the appropriate congressional committees as soon as practicable.

(c) Statutory construction

Nothing in this section shall be construed as affecting activities of the Department of State that relate to removal proceedings under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] or extradition.

(d) Definitions

In this section:

(1) Appropriate congressional committees

The term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives.

(2) To effect the involuntary return

The term “to effect the involuntary return” means to require, by means of physical force or circumstances amounting to a threat thereof, a person to return to a country against the person’s will, regardless of whether the person is physically present in the United States and regardless of whether the United States acts directly or through an agent.

Source credit: (Aug. 1, 1956, ch. 841, title I, § 58, as added Pub. L. 107–228, div. A, title II, § 241, Sept. 30, 2002, 116 Stat. 1373.)

history & why it existsrecord from the source credit
  • 1956Enacted · Pub. L. 107-228 · 116 Stat. 1373

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-228 on 1956-08-01.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case