H.R. 2607, the AFRIKANER Act, would create a new refugee category by designating certain residents of South Africa as Priority 2 refugees of special humanitarian concern. Specifically, it targets white South Africans who are part of the Caucasian minority and who have experienced persecution or have a well-founded fear of persecution based on race, ethnicity, or ancestry. It also covers spouses, children, and parents of those individuals (with a caveat for parents who are not SA citizens). The bill allows processing of these refugees in South Africa or in another country and ensures they can apply for refugee status without being precluded by other immigration classifications or family ties to U.S. citizens. It exempts them from numerical caps on refugee admissions, requires periodic public reporting on processing, and states that they will satisfy the INA’s admission requirements once granted refugee status. The act is named the AFRIKANER Act (full title includes a longer, ceremonial subtitle). It imposes reporting duties on the State Department and DHS to monitor processing times and denials, and it clarifies that those granted refugee status under this provision would be treated as meeting the standard INA 207 admission requirements.
Key Points
- 1Designates as Priority 2 refugees of special humanitarian concern specific South Africans: white/Caucasian residents who face persecution or fear persecution based on race, ethnicity, or ancestry.
- 2Extends eligibility to the spouses, children, and parents of those designated individuals (with an exception for SA-citizen parents who are not SA residents).
- 3Allows refugee processing to occur in South Africa or a third country, and protects applicants from denial based on certain ties to the United States or other immigrant classifications.
- 4Excludes these refugees from counting against numerical immigration caps (i.e., 201, 202, 203, 207 caps).
- 5Requires regular reporting by the State Department and DHS on processing metrics (pending applications, wait times for steps in processing, and denials), with reports made public on the State Department website.