II
119THCONGRESS
1
STSESSION S. 225
To amend the Immigration and Nationality Act to reform temporary protected
status, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY23, 2025
Mr. B
ANKS(for himself, Mrs. HYDE-SMITH, and Mr. LEE) introduced the fol-
lowing bill; which was read twice and referred to the Committee on the
Judiciary
A BILL
To amend the Immigration and Nationality Act to reform
temporary protected status, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘End Unaccountable 4
Amnesty Act’’. 5
SEC. 2. TEMPORARY PROTECTED STATUS. 6
(a) P
OWERTODESIGNATE AFOREIGNSTATE.—Sec-7
tion 244(b) of the Immigration and Nationality Act (8 8
U.S.C. 1254a(b)) is amended— 9
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(1) by striking paragraphs (1), (2), and (3) and 1
inserting the following: 2
‘‘(1) I
NITIAL DESIGNATION.—For purposes of 3
this section, a foreign state may be designated upon 4
the enactment of an Act that satisfies the following 5
requirements: 6
‘‘(A) The Act shall contain a finding 7
that— 8
‘‘(i) there is an ongoing armed conflict 9
within the state and, due to such conflict, 10
requiring the return of aliens who are na-11
tionals of that state (or to the part of the 12
state) would pose a serious threat to their 13
personal safety; 14
‘‘(ii)(I) there has been an earthquake, 15
flood, drought, epidemic, or other imme-16
diately life-threatening environmental dis-17
aster in the state resulting in a substan-18
tial, but temporary, disruption of living 19
conditions in the area affected; 20
‘‘(II) the foreign state is unable, tem-21
porarily, to handle adequately the return to 22
the state of aliens who are nationals of the 23
state; and 24
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‘‘(III) the foreign state officially has 1
requested designation under this subpara-2
graph; or 3
‘‘(iii)(I) there exist extraordinary and 4
temporary conditions in the foreign state 5
that prevent aliens who are nationals of 6
the state from returning to the state in 7
safety; and 8
‘‘(II) permitting the aliens to remain 9
temporarily in the United States is not 10
contrary to the national interest of the 11
United States. 12
‘‘(B) The Act shall include— 13
‘‘(i) an estimate of the number of na-14
tionals of the foreign state who are (or 15
within the effective period of the designa-16
tion are likely to become) eligible for tem-17
porary protected status under this section; 18
‘‘(ii) such nationals’ immigration sta-19
tus in the United States; and 20
‘‘(iii) a time period for the effective-21
ness of the designation that is not greater 22
than 12 months. 23
‘‘(2) T
ERMINATION.— 24
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‘‘(A) TIMELY TERMINATION.—If an initial 1
designation of a foreign state is not extended 2
under paragraph (3), the initial designation 3
shall terminate at the end of the time period 4
described in paragraph (1)(B)(iii). 5
‘‘(B) E
ARLY TERMINATION.—For purposes 6
of this section, the designation of a foreign 7
state shall be terminated upon the enactment of 8
an Act that contains a finding that the foreign 9
state (or part of such foreign state) no longer 10
meets the conditions for designation under 11
paragraph (1)(A). 12
‘‘(3) E
XTENSION.—For purposes of this sec-13
tion, the time period for the effectiveness of the des-14
ignation of a foreign state may be extended upon the 15
enactment of an Act that includes— 16
‘‘(A) a finding that the conditions for des-17
ignation under paragraph (1)(A) continue to be 18
met; and 19
‘‘(B) a time period for the effectiveness of 20
the extension that is not greater than 12 21
months.’’; and 22
(2) in paragraph (5)(A), by striking ‘‘of the At-23
torney General’’ and inserting ‘‘made in any Act’’. 24
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(b) ALIENSLACKINGLAWFULIMMIGRATIONSTA-1
TUS.—Section 244(c)(2)(B) of the Immigration and Na-2
tionality Act (8 U.S.C. 1254a(c)(2)(B)) is amended— 3
(1) in clause (i), by striking ‘‘, or’’ at the end 4
and inserting a semicolon; 5
(2) in clause (ii), by striking the period at the 6
end and inserting ‘‘; or’’; and 7
(3) by adding at the end the following: 8
‘‘(iii) the alien lacks a lawful immigra-9
tion status.’’. 10
(c) C
ONFORMINGAMENDMENTS.—Section 244 of the 11
Immigration and Nationality Act (8 U.S.C. 1254a) is 12
amended— 13
(1) in subsection (d)(3), by striking ‘‘If the At-14
torney General terminates the designation of a for-15
eign state (or part of such foreign state) under sub-16
section (b)(3)(B)’’ and inserting ‘‘If the designation 17
of a foreign state (or part of such foreign state) is 18
terminated under subsection (b)(2)’’; and 19
(2) in subsection (i)(1)— 20
(A) in subparagraph (A), by striking the 21
comma at the end and inserting ‘‘; and’’; 22
(B) in subparagraph (B), by striking ‘‘, 23
and’’ and inserting a period; and 24
(C) by striking subparagraph (C). 25
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(d) TECHNICALCORRECTIONS.—Section 244 of the 1
Immigration and Nationality Act (8 U.S.C. 1254a), as 2
amended by subsections (a) and (b) of this section, is fur-3
ther amended— 4
(1) by striking ‘‘Attorney General’’ each place 5
it appears and inserting ‘‘Secretary of Homeland Se-6
curity’’; and 7
(2) in subsection (d)(3), by striking ‘‘Attorney 8
General’s’’ and inserting ‘‘Secretary of Homeland 9
Security’s’’. 10
SEC. 3. UNACCOMPANIED ALIEN CHILDREN. 11
(a) R
EPATRIATION OF UNACCOMPANIED ALIEN 12
C
HILDREN.— 13
(1) I
N GENERAL.—Section 235 of the William 14
Wilberforce Trafficking Victims Protection Reau-15
thorization Act of 2008 (8 U.S.C. 1232) is amend-16
ed— 17
(A) in subsection (a)— 18
(i) in paragraph (2)— 19
(I) by amending the heading to 20
read as follows: ‘‘R
ULES FOR UNAC-21
COMPANIED ALIEN CHILDREN .—’’; 22
(II) in subparagraph (A)— 23
(aa) in the matter preceding 24
clause (i), by striking ‘‘who is a 25
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national or habitual resident of a 1
country that is contiguous with 2
the United States’’; 3
(bb) in clause (i), by insert-4
ing ‘‘and’’ at the end; 5
(cc) in clause (ii), by strik-6
ing ‘‘; and’’ and inserting a pe-7
riod; and 8
(dd) by striking clause (iii); 9
and 10
(III) in subparagraph (B)— 11
(aa) in the matter preceding 12
clause (i), by striking ‘‘(8 U.S.C. 13
1101 et seq.) may—’’ and insert-14
ing ‘‘(8 U.S.C. 1101 et seq.)—’’; 15
(bb) in clause (i), by insert-16
ing ‘‘may’’ before ‘‘permit such 17
child to withdraw’’; and 18
(cc) in clause (ii), by insert-19
ing ‘‘shall’’ before ‘‘return such 20
child’’; and 21
(ii) in paragraph (5)(D)— 22
(I) in the matter preceding clause 23
(i), by striking ‘‘, except for an unac-24
companied alien child from a contig-25
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uous country subject to exceptions 1
under subsection (a)(2),’’ and insert-2
ing ‘‘who does not meet the criteria 3
listed in paragraph (2)(A)’’; and 4
(II) in clause (i), by inserting ‘‘, 5
which shall include a hearing before 6
an immigration judge not later than 7
14 days after being screened under 8
paragraph (4)’’ before the semicolon 9
at the end; 10
(B) in subsection (b)— 11
(i) in paragraph (2)— 12
(I) in subparagraph (A), by in-13
serting ‘‘believed not to meet the cri-14
teria listed in subsection (a)(2)(A)’’ 15
after ‘‘child’’; and 16
(II) in subparagraph (B), by in-17
serting ‘‘and does not meet the cri-18
teria listed in subsection (a)(2)(A)’’ 19
after ‘‘age’’; and 20
(ii) in paragraph (3), by striking ‘‘an 21
unaccompanied alien child in custody 22
shall’’ and all that follows through 23
‘‘child.’’, and inserting the following: ‘‘an 24
unaccompanied alien child in custody— 25
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‘‘(A) in the case of a child who does not 1
meet the criteria listed in subsection (a)(2)(A), 2
shall transfer the custody of such child to the 3
Secretary of Health and Human Services not 4
later than 30 days after determining that such 5
child is an unaccompanied alien child who does 6
not meet such criteria; or 7
‘‘(B) in the case of a child who meets the 8
criteria listed in subsection (a)(2)(A), may 9
transfer the custody of such child to the Sec-10
retary of Health and Human Services after de-11
termining that such child is an unaccompanied 12
alien child who meets such criteria.’’; and 13
(C) in subsection (c)— 14
(i) in paragraph (3), by inserting at 15
the end the following: 16
‘‘(D) I
NFORMATION ABOUT INDIVIDUALS 17
WITH WHOM CHILDREN ARE PLACED .— 18
‘‘(i) I
NFORMATION TO BE PROVIDED 19
TO HOMELAND SECURITY .—Before placing 20
a child with an individual, the Secretary of 21
Health and Human Services shall provide 22
to the Secretary of Homeland Security, re-23
garding the individual with whom the child 24
will be placed, information on— 25
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‘‘(I) the name of the individual; 1
‘‘(II) the social security number 2
of the individual; 3
‘‘(III) the date of birth of the in-4
dividual; 5
‘‘(IV) the location of the individ-6
ual’s residence where the child will be 7
placed; 8
‘‘(V) the immigration status of 9
the individual, if known; and 10
‘‘(VI) contact information for the 11
individual. 12
‘‘(ii) A
CTIVITIES OF THE SECRETARY 13
OF HOMELAND SECURITY .—Not later than 14
30 days after receiving the information 15
listed in clause (i), the Secretary of Home-16
land Security, upon determining that an 17
individual with whom a child is placed is 18
unlawfully present in the United States 19
and not in removal proceedings pursuant 20
to chapter 4 of title II of the Immigration 21
and Nationality Act (8 U.S.C. 1221 et 22
seq.), shall initiate such removal pro-23
ceedings.’’; and 24
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(ii) in paragraph (5), in the first sen-1
tence— 2
(I) by inserting ‘‘(at no expense 3
to the Government)’’ after ‘‘to the 4
greatest extent practicable’’; and 5
(II) by striking ‘‘have counsel to 6
represent them’’ and inserting ‘‘have 7
access to counsel to represent them’’. 8
(2) E
FFECTIVE DATE.—The amendments made 9
by this section shall apply to any unaccompanied 10
alien child (as such term is defined in section 462(g) 11
of the Homeland Security Act of 2002 (6 U.S.C. 12
279(g))) apprehended on or after the date that is 30 13
days after the date of the enactment of this Act. 14
(b) S
PECIALIMMIGRANTJUVENILESTATUS FORIM-15
MIGRANTSUNABLETOREUNITEWITHEITHERPAR-16
ENT.—Section 101(a)(27)(J) of the Immigration and Na-17
tionality Act (8 U.S.C. 1101(a)(27)(J)) is amended— 18
(1) in clause (i), by striking ‘‘, and whose reuni-19
fication with 1 or both of the immigrant’s parents 20
is not viable due to abuse, neglect, abandonment, or 21
a similar basis found under State law’’; and 22
(2) in clause (iii)— 23
(A) in subclause (I), by striking ‘‘and’’ at 24
the end; 25
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(B) in subclause (II), by inserting ‘‘and’’ 1
after the semicolon; and 2
(C) by adding at the end the following: 3
‘‘(III) an alien may not be grant-4
ed special immigrant status under this 5
subparagraph if the alien’s reunifica-6
tion with any one parent or legal 7
guardian is not precluded by abuse, 8
neglect, abandonment, or any similar 9
cause under State law;’’. 10
(c) R
ULE OFCONSTRUCTION.—Nothing in this sec-11
tion shall be construed to limit the following procedures 12
or practices relating to an unaccompanied alien child (as 13
defined in section 462(g)(2) of the Homeland Security Act 14
of 2002 (6 U.S.C. 279(g)(2))): 15
(1) Screening of such a child for a credible fear 16
of return to his or her country of origin. 17
(2) Screening of such a child to determine 18
whether he or she was a victim of trafficking. 19
(3) Department of Health and Human Services 20
policy in effect on the date of the enactment of this 21
Act requiring a home study for such a child if he or 22
she is under 12 years of age. 23
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SEC. 4. REPEAL OF CANCELLATION OF REMOVAL; ADJUST-1
MENT OF STATUS. 2
(a) R
EPEAL.—Section 240A of the Immigration and 3
Nationality Act (8 U.S.C. 1229b) is repealed. 4
(b) C
ONFORMINGAMENDMENTS.—The Immigration 5
and Nationality Act (8 U.S.C. 1101 et seq.) is amended— 6
(1) in section 101(a)— 7
(A) in paragraph (13)(C)(v), by striking 8
‘‘or 240A(a)’’; 9
(B) in paragraph (50), by striking ‘‘, 10
204(a)(1)(B)(ii)(II)(aa)(BB), or 11
240A(b)(2)(A)(i)(III)’’ and inserting ‘‘or 12
204(a)(1)(B)(ii)(II)(aa)(BB)’’; 13
(2) by striking section 201(b)(1)(D); 14
(3) in section 240— 15
(A) in subsection (b)(7), by striking 16
‘‘240A,’’; 17
(B) in subsection (c)(7)(C)(iv)(I), by strik-18
ing ‘‘clause (ii) or (iii) of section 204(a)(1)(B), 19
or 240A(b)(2)’’ and inserting ‘‘or clause (ii) or 20
(iii) of section 204(a)(1)(B)’’; 21
(C) in subsection (e), by striking ‘‘and sec-22
tion 240A’’; 23
(4) in section 240B(d)— 24
(A) in paragraph (1)(B), by striking 25
‘‘240A,’’; 26
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(B) in paragraph (2)— 1
(i) by striking ‘‘240A or’’; and 2
(ii) by striking ‘‘under section 3
240A(b)(2), or’’; 4
(5) in section 242(a)(2)(B)(i), by striking 5
‘‘240A,’’; 6
(6) by striking section 244(e); 7
(7) in section 245(l)(7), by striking 8
‘‘240A(b)(2),’’ and 9
(8) by striking section 504(k)(3). 10
SEC. 5. PROHIBITED IDENTIFICATION DOCUMENTS FOR 11
AIR TRAVEL. 12
(a) P
ROHIBITEDIDENTIFICATIONDOCUMENTS AT 13
A
IRPORTSECURITYCHECKPOINTS.—The Administrator 14
of the Transportation Security Administration may not 15
accept, as valid proof of identification, a prohibited identi-16
fication document at an airport security checkpoint. 17
(b) P
ROHIBITION ONOPERATIONS FORCERTAINAIR 18
C
ARRIERS.— 19
(1) I
N GENERAL.—Chapter 401 of title 49, 20
United States Code, is amended by adding at the 21
end the following: 22
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‘‘§ 40133. Prohibition on operations of air carriers al-1
lowing use of prohibited identification 2
documents 3
‘‘An air carrier or foreign air carrier may not operate 4
an aircraft in foreign air transportation or land such air-5
craft at any airport in the United States if the air carrier 6
or foreign air carrier allows the use of a prohibited identi-7
fication document (as defined in section 5(c) of the End 8
Unaccountable Amnesty Act) as identification to board 9
such aircraft.’’. 10
(2) C
LERICAL AMENDMENT .—The analysis for 11
chapter 401 of title 49, United States Code, is 12
amended by inserting after the item relating to sec-13
tion 40132 the following: 14
‘‘40133. Prohibition on operations of air carriers allowing use of prohibited iden-
tification documents.’’.
(c) DEFINITION.—In this section, the term ‘‘prohib-15
ited identification document’’ means any of the following: 16
(1) The CBP One Mobile Application. 17
(2) A notice to appear issued by the Depart-18
ment of Homeland Security pursuant to section 19
239(a) of the Immigration and Nationality Act (8 20
U.S.C. 1229(a)). 21
(3) Department of Homeland Security Form I– 22
385 (commonly known as a ‘‘Notice to Report’’). 23
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SEC. 6. IMMIGRATION PAROLE REFORM. 1
(a) I
NGENERAL.—Section 212(d)(5) of the Immi-2
gration and Nationality Act (8 U.S.C. 1182(d)(5)) is 3
amended to read as follows: 4
‘‘(5)(A) Except as provided in subparagraphs 5
(B) and (C) and section 214(f), the Secretary of 6
Homeland Security, in the discretion of the Sec-7
retary, may temporarily parole into the United 8
States any alien applying for admission to the 9
United States who is not present in the United 10
States, under such conditions as the Secretary may 11
prescribe, on a case-by-case basis, and not according 12
to eligibility criteria describing an entire class of po-13
tential parole recipients, for urgent humanitarian 14
reasons or significant public benefit. Parole granted 15
under this subparagraph may not be regarded as an 16
admission of the alien. When the purposes of such 17
parole have been served in the opinion of the Sec-18
retary, the alien shall immediately return or be re-19
turned to the custody from which the alien was pa-20
roled. After such return, the case of the alien shall 21
be dealt with in the same manner as the case of any 22
other applicant for admission to the United States. 23
‘‘(B) The Secretary of Homeland Security may 24
grant parole to any alien who— 25
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‘‘(i) is present in the United States without 1
lawful immigration status; 2
‘‘(ii) is the beneficiary of an approved peti-3
tion under section 203(a); 4
‘‘(iii) is not otherwise inadmissible or re-5
movable; and 6
‘‘(iv) is the spouse or child of a member of 7
the Armed Forces serving on active duty. 8
‘‘(C) The Secretary of Homeland Security may 9
grant parole to any alien— 10
‘‘(i) who is a national of the Republic of 11
Cuba and is living in the Republic of Cuba; 12
‘‘(ii) who is the beneficiary of an approved 13
petition under section 203(a); 14
‘‘(iii) for whom an immigrant visa is not 15
immediately available; 16
‘‘(iv) who meets all eligibility requirements 17
for an immigrant visa; 18
‘‘(v) who is not otherwise inadmissible; and 19
‘‘(vi) who is receiving a grant of parole in 20
furtherance of the commitment of the United 21
States to the minimum level of annual legal mi-22
gration of Cuban nationals to the United States 23
specified in the U.S.-Cuba Joint Communique´ 24
on Migration, done at New York September 9, 25
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1994, and reaffirmed in the Cuba-United 1
States: Joint Statement on Normalization of 2
Migration, Building on the Agreement of Sep-3
tember 9, 1994, done at New York May 2, 4
1995. 5
‘‘(D) The Secretary of Homeland Security may 6
grant parole to an alien who is returned to a contig-7
uous country under section 235(b)(2)(C) to allow 8
the alien to attend the alien’s immigration hearing. 9
The grant of parole shall not exceed the time re-10
quired for the alien to be escorted to, and attend, 11
the alien’s immigration hearing scheduled on the 12
same calendar day as the grant, and to immediately 13
thereafter be escorted back to the contiguous coun-14
try. A grant of parole under this subparagraph shall 15
not be considered for purposes of determining 16
whether the alien is inadmissible under this Act. 17
‘‘(E) For purposes of determining an alien’s eli-18
gibility for parole under subparagraph (A), an ur-19
gent humanitarian reason shall be limited to cir-20
cumstances in which the alien establishes that— 21
‘‘(i)(I) the alien has a medical emergency; 22
and 23
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‘‘(II)(aa) the alien cannot obtain necessary 1
treatment in the foreign state in which the alien 2
is residing; or 3
‘‘(bb) the medical emergency is life-threat-4
ening and there is insufficient time for the alien 5
to be admitted through the normal visa process; 6
‘‘(ii) the alien is the parent or legal guard-7
ian of an alien described in clause (i) and the 8
alien described in clause (i) is a minor; 9
‘‘(iii) the alien is needed in the United 10
States in order to donate an organ or other tis-11
sue for transplant and there is insufficient time 12
for the alien to be admitted through the normal 13
visa process; 14
‘‘(iv) the alien has a close family member 15
in the United States whose death is imminent 16
and the alien could not arrive in the United 17
States in time to see such family member alive 18
if the alien were to be admitted through the 19
normal visa process; 20
‘‘(v) the alien is seeking to attend the fu-21
neral of a close family member and the alien 22
could not arrive in the United States in time to 23
attend such funeral if the alien were to be ad-24
mitted through the normal visa process; 25
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‘‘(vi) the alien is an adopted child with an 1
urgent medical condition who is in the legal 2
custody of the petitioner for a final adoption-re-3
lated visa and whose medical treatment is re-4
quired before the expected award of a final 5
adoption-related visa; or 6
‘‘(vii) the alien is a lawful applicant for ad-7
justment of status under section 245 and is re-8
turning to the United States after temporary 9
travel abroad. 10
‘‘(F) For purposes of determining an alien’s eli-11
gibility for parole under subparagraph (A), a signifi-12
cant public benefit may be determined to result from 13
the parole of an alien only if— 14
‘‘(i) the alien has assisted (or will assist, 15
whether knowingly or not) the United States 16
Government in a law enforcement matter; 17
‘‘(ii) the alien’s presence is required by the 18
Government in furtherance of such law enforce-19
ment matter; and 20
‘‘(iii) the alien is inadmissible, does not 21
satisfy the eligibility requirements for admission 22
as a nonimmigrant, or there is insufficient time 23
for the alien to be admitted through the normal 24
visa process. 25
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‘‘(G) For purposes of determining an alien’s eli-1
gibility for parole under subparagraph (A), the term 2
‘case-by-case basis’ means that the facts in each in-3
dividual case are considered and parole is not grant-4
ed based on membership in a defined class of aliens 5
to be granted parole. The fact that aliens are consid-6
ered for or granted parole one-by-one and not as a 7
group is not sufficient to establish that the parole 8
decision is made on a ‘case-by-case basis’. 9
‘‘(H) The Secretary of Homeland Security may 10
not use the parole authority under this paragraph to 11
parole an alien into the United States for any reason 12
or purpose other than those described in subpara-13
graphs (B), (C), (D), (E), and (F). 14
‘‘(I) An alien granted parole may not accept 15
employment, except that an alien granted parole 16
pursuant to subparagraph (B) or (C) is authorized 17
to accept employment for the duration of the parole, 18
as evidenced by an employment authorization docu-19
ment issued by the Secretary of Homeland Security. 20
‘‘(J) Parole granted after a departure from the 21
United States shall not be regarded as an admission 22
of the alien. An alien granted parole, whether as an 23
initial grant of parole or parole upon reentry into 24
the United States, is not eligible to adjust status to 25
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•S 225 IS
lawful permanent residence or for any other immi-1
gration benefit if the immigration status the alien 2
had at the time of departure did not authorize the 3
alien to adjust status or to be eligible for such ben-4
efit. 5
‘‘(K)(i) Except as provided in clauses (ii) and 6
(iii), parole shall be granted to an alien under this 7
paragraph for the shorter of— 8
‘‘(I) a period of sufficient length to accom-9
plish the activity described in subparagraph 10
(D), (E), or (F) for which the alien was grant-11
ed parole; or 12
‘‘(II) 1 year. 13
‘‘(ii) Grants of parole pursuant to subparagraph 14
(A) may be extended once, in the discretion of the 15
Secretary, for an additional period that is the short-16
er of— 17
‘‘(I) the period that is necessary to accom-18
plish the activity described in subparagraph (E) 19
or (F) for which the alien was granted parole; 20
or 21
‘‘(II) 1 year. 22
‘‘(iii) Aliens who have a pending application to 23
adjust status to permanent residence under section 24
245 may request extensions of parole under this 25
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paragraph, in 1-year increments, until the applica-1
tion for adjustment has been adjudicated. Such pa-2
role shall terminate immediately upon the denial of 3
such adjustment application. 4
‘‘(L) The total number of aliens granted parole 5
under this paragraph during any fiscal year may not 6
exceed 1,000. 7
‘‘(M) Not later than 90 days after the last day 8
of each fiscal year, the Secretary of Homeland Secu-9
rity shall submit to the Committee on the Judiciary 10
of the Senate and the Committee on the Judiciary 11
of the House of Representatives and make available 12
to the public, a report— 13
‘‘(i) identifying the total number of aliens 14
paroled into the United States under this para-15
graph during the previous fiscal year; and 16
‘‘(ii) containing information and data re-17
garding all aliens paroled during such fiscal 18
year, including— 19
‘‘(I) the duration of parole; 20
‘‘(II) the type of parole; and 21
‘‘(III) the current status of the aliens 22
so paroled.’’. 23
(b) I
MPLEMENTATION.— 24
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(1) IN GENERAL.—Except as provided in para-1
graph (2), this section and the amendments made by 2
this section shall take effect on the date that is 30 3
days after the date of the enactment of this Act. 4
(2) E
XCEPTIONS.—Notwithstanding paragraph 5
(1), each of the following exceptions apply: 6
(A) Any application for parole or advance 7
parole filed by an alien before the date of the 8
enactment of this Act shall be adjudicated 9
under the law that was in effect on the date on 10
which the application was properly filed and 11
any approved advance parole shall remain valid 12
under the law that was in effect on the date on 13
which the advance parole was approved. 14
(B) Section 212(d)(5)(J) of the Immigra-15
tion and Nationality Act, as added by sub-16
section (a), shall take effect on the date of the 17
enactment of this Act. 18
(C) Aliens who were paroled into the 19
United States pursuant to section 212(d)(5)(A) 20
of the Immigration and Nationality Act (8 21
U.S.C. 1182(d)(5)(A)) before January 1, 2023, 22
shall continue to be subject to the terms of pa-23
role that were in effect on the date on which 24
their respective parole was approved. 25
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(c) CAUSE OFACTION.—Any person, State, or local 1
government that experiences financial harm in excess of 2
$1,000 due to a failure of the Federal Government to law-3
fully apply the provisions of this section or the amend-4
ments made by this section shall have standing to bring 5
a civil action against the Federal Government in an appro-6
priate district court of the United States for appropriate 7
relief. 8
(d) S
EVERABILITY.—If any provision of this section 9
or any amendment by this section, or the application of 10
such provision or amendment to any person or cir-11
cumstance, is held to be unconstitutional, the remainder 12
of this section and the application of such provision or 13
amendment to any other person or circumstance shall not 14
be affected. 15
Æ
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