[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 750 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 750
To amend the Immigration and Nationality Act to comprehensively reform
immigration law, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 31, 2007
Ms. Jackson-Lee of Texas introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committees on Homeland Security and Oversight and Government Reform,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to comprehensively reform
immigration law, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES TO ACT.
(a) Short Title.--This Act may be cited as the ``Save America
Comprehensive Immigration Act of 2007''.
(b) References to the Immigration and Nationality Act.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Immigration and Nationality
Act.
TITLE I--FACILITATING FAMILY-BASED IMMIGRATION
SEC. 101. INCREASING THE ALLOCATION OF FAMILY-BASED IMMIGRANT VISAS.
Section 201(c)(8 U.S.C. 115(c)) is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--The
worldwide level of family-sponsored immigrants under this subsection
for a fiscal year shall be no more than 960,000.''.
SEC. 102. PROTECTION AGAINST PROCESSING DELAYS.
(a) Age-Out Protection for Children.--
(1) In general.--Chapter 1 of title IV (8 U.S.C. 1101 note)
is amended by adding at the end the following:
``age-out protection for children
``Sec. 408. (a) In General.--In the case of an application
initially to grant a benefit under this Act (other than an application
for naturalization) that otherwise would be granted only after a
determination that the beneficiary of the application is a child (such
as classification as an immediate relative under section
201(b)(2)(A)(i)), if the application is neither approved nor denied (on
procedural or substantive grounds) during the 90-day period beginning
on the date of the filing of the application, the beneficiary shall be
considered to be a child for all purposes related to the receipt of the
benefit if the beneficiary was a child on the last day of such 90-day
period, and the beneficiary shall not otherwise be prejudiced with
respect to such determination by such delay, and shall be considered to
be a child under this Act for all purposes related to such application.
``(b) Termination of Benefit.--Subsection (a) shall remain in
effect until the termination of the 1-year period beginning on the date
on which the application described in such paragraph is approved.''.
(2) Clerical amendment.--The table of contents is amended
by inserting after the item relating to section 407 the
following:
``Sec. 408. Age-out protection for children.''.
(b) Timeliness of Adoption for Immigration Purposes.--
(1) In general.--Section 101(b)(1)(E)(i) (8 U.S.C.
1101(b)(1)(E)(i)) is amended by striking ``a child adopted
while under the age of sixteen years'' and inserting ``a child,
under the age of 16 when adoption proceedings were
initiated,''.
(2) Special rule for siblings.--Section
101(b)(1)(E)(ii)(III) (8 U.S.C. 1101(b)(1)(E)(ii)(III)) is
amended by striking ``adopted while under the age of 18 years''
and inserting ``under the age of 18 when adoption proceedings
were initiated''.
SEC. 103. TEMPORARY STATUS PENDING RECEIPT OF PERMANENT RESIDENT
STATUS.
(a) Classes of Nonimmigrant Aliens.--Section 101(a)(15)(K) (8
U.S.C. 1101(a)(15)(K)) is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by adding ``or'' at the end of clause (iii); and
(3) by adding at the end the following:
``(iv)(I) has concluded a valid marriage
with an alien lawfully admitted for permanent
residence, is the parent of a citizen of the
United States, or is the child, son, or
daughter of an alien lawfully admitted for
permanent residence or a citizen of the United
States; (II) is the beneficiary of an approved
petition to accord immigrant status on the
basis of such family relationship that was
filed under section 204 by such family member;
(III) has available to the alien an immigrant
visa number; (IV) has waited more than 6 months
for the issuance of an immigrant visa based
upon an application made by the alien; and (V)
seeks to enter the United States to await such
issuance;''.
(b) Admission of Nonimmigrants.--Section 214(d) (8 U.S.C. 1184(d))
is amended--
(1) by striking ``(d)'' and inserting ``(d)(1)''; and
(2) by adding at the end the following:
SEC. 104. ELIMINATION OF AFFIDAVIT OF SUPPORT REQUIREMENT.
(a) Grounds for Ineligibility for Admission.--Section 212(a)(4) (8
U.S.C. 1182(a)(4)) is amended--
(1) by amending subparagraph (B)(ii) to read as follows:
``(ii) If an alien submits an affidavit of support
described in section 213A, in addition to the factors
under clause (i), the consular officer or the Attorney
General shall also consider such affidavit in
determining whether the alien is inadmissible under
this paragraph.''; and
(2) by striking subparagraphs (C) and (D).
(b) Requirements for Sponsor's Affidavit of Support.--Subsections
(a)(1)(A), (f)(1)(E), and (f)(4)(B)(i) of section 213A (8 U.S.C.
1183a(a)(1)(A), (f)(1)(E), and (f)(4)(B)(i)) are amended by striking
``125'' and inserting ``100''.
``(2) A visa shall not be issued under the provisions of section
101(a)(15)(K)(iv) until the consular officer has received a petition
filed in the United States by the lawful permanent resident or citizen
relative of the applying alien and approved by the Secretary of
Homeland Security. The petition shall be in such form and contain such
information as the Secretary shall, by regulation, prescribe.''.
TITLE II--ESTABLISHMENT OF A BOARD OF VISA APPEALS FOR FAMILY-BASED
VISAS
SEC. 201. ESTABLISHMENT OF A BOARD OF VISA APPEALS.
(a) In General.--The Immigration and Nationality Act is amended by
inserting after section 224 the following new section:
``board of visa appeals
``Sec. 225. (a) Establishment.--The Secretary of State shall
establish within the Department of State a Board of Family-based Visa
Appeals. The Board shall be composed of 5 members who shall be
appointed by the Secretary. Not more than 2 members of the Board may be
consular officers. The Secretary shall designate a member who shall be
chairperson of the Board.
``(b) Authority and Functions.--The Board shall have authority to
review any discretionary decision of a consular officer with respect to
an alien concerning the denial, revocation, or cancellation of an
immigrant visa of someone who has the immediate relative status
described in section 201(2)(A)(i) and (ii); or a preference
classification described in section 203(a). The review of the Board
shall be made upon the record for decision of the consular officer,
including all documents, notes, and memoranda filed with the consular
officer, supplemented by affidavits and other writings if offered by
the consular officer or alien. Upon a showing that the decision of the
consular official is contrary to the preponderance of the evidence, the
Board shall have authority to overrule, or remand for further
consideration, the decision of such consular officer.
``(c) Procedure.--Proceedings before the Board shall be in
accordance with such regulations, not inconsistent with this Act and
sections 556 and 557 of title 5, United States Code, as the Secretary
of State shall prescribe. Such regulations shall include requirements
that provide that--
``(1) at the time of any decision of a consular officer
under subsection (b), the interested party defined in
subsection (d) shall be given notice of the availability of the
review process and the necessary steps to request such review;
``(2) a written record of the proceedings and decision of
the consular officer (in accordance with sections 556 and 557
of title 5, United States Code) shall be available to the
Board, and on payment of lawfully prescribed costs, shall be
made available to the alien;
``(3) upon receipt of request for review under this
section, the Board shall, within 30 days, notify the consular
officer with respect to whose decision review is sought, and,
upon receipt of such notice, such officer shall promptly (but
in no event more than 30 days after such receipt) forward to
the Board the record of proceeding as described in subsection
(b);
``(4) the appellant shall be given notice, reasonable under
all the circumstances of the time and place at which the Board
proceedings will be held;
``(5) the appellant may be represented (at no expense to
the Government) by such counsel, authorized to practice in such
proceedings, as the appellant shall choose; and
``(6) a request for review under this section must be made
in writing to the Board within 60 days after receipt of notice
of the denial, revocation, or cancellation.
``(d) Interested Parties.--The Board shall review each decision
described in subsection (b) upon request by the petitioner of an
immigrant visa petition approved under section 201(2)(A)(i) and (ii) or
203(a).
``(e) Construction.--This section may not be construed to restrict
any right to further administrative or judicial review established
under any other provision of law.
``(f) Fees.--The Secretary of State shall charge, and collect, an
appropriate fee associated with a request to the Board for a review.
Such fee shall be sufficient to cover the cost of the administration of
this section.''.
(b) Technical Amendments.--
(1) Section 222(f) (8 U.S.C. 1202(f)) is amended by adding
at the end: ``An interested party under section 225(d) or court
shall be permitted to inspect the record of proceeding as
described in subsections (c)(2) and (c)(3) of section 225.''.
(2) Section 104(a)(1) (8 U.S.C. 1104(a)(1)) is amended by
striking the ``except'' and inserting ``including''.
(3) The table of contents is amended by inserting after the
item relating to section 224 the following new item:
``Sec. 225. Board of Visa Appeals.''.
TITLE III--ELIMINATION OF UNFAIR RESTRICTIONS
SEC. 301. ACQUISITION OF CITIZENSHIP FOR CHILDREN BORN ABROAD AND OUT
OF WEDLOCK TO A UNITED STATES CITIZEN FATHER.
(a) Requirements for Citizenship Eligibility.--Section 309(a) (8
U.S.C. 1409(a)) is amended--
(1) in paragraph (2), by adding ``and'' at the end;
(2) by striking paragraph (3);
(3) in paragraph (4), by striking ``while the person is
under the age of 18 years--'' and inserting ``at any time--'';
and
(4) by redesignating paragraph (4) as paragraph (3).
(b) Clarification Regarding Deceased Parents of Children Born
Abroad and Out of Wedlock.--Section 309 (8 U.S.C. 1409) is amended by
adding at the end the following:
``(d) Nothing in this section shall be construed to preclude a
person who is a citizen or national of the United States by virtue of a
provision of this section from establishing such status under this
title after the death of the person's father, mother, or parents.''.
(c) Application of Citizenship Provisions.--The amendments made by
this Act shall apply to persons born out of wedlock who are alive on or
after the date of the enactment of this Act.
SEC. 302. ALLOW AUNTS AND UNCLES OR GRANDPARENTS TO ADOPT ORPHANED OR
ABANDONED CHILDREN OF THE DECEASED RELATIVE.
Section 101(b) is amended by--
(1) striking ``or'' at the end of subparagraph (E) and
inserting a semicolon;
(2) striking the period at the end of subparagraph (F) and
inserting ``; or''; and
(3) by inserting the following subparagraph:
``(G) a child adopted in the United States or
abroad or who is coming to the United States for
adoption by a grandparent, aunt or uncle while under
the age of eighteen years, who has suffered the death
or disappearance of, abandonment or desertion by, or
separation or loss from, both parents, or for whom the
sole or surviving parent is incapable of providing
proper care and has consented in writing to the
adoption, if the Secretary of Homeland Security is
satisfied that proper care will be furnished the child
if admitted to the United States. No natural parent or
prior adoptive parent of any such child shall
thereafter, by virtue of such parentage, be accorded
any right, privilege, or status under this Act. Nothing
in this subsection shall be construed to require the
child to be released to an orphanage as a prerequisite
for eligibility.''.
SEC. 303. RELIEF FOR SURVIVING SPOUSES, CHILDREN AND PARENTS.
(a) In General.--The second sentence of section 201(b)(2)(A)(i) of
the Immigration and Nationality Act (8 U.S.C. 1151 (b)(2)(A)(i)) is
amended by striking ``for at least 2 years'' and inserting ``, and if
married for less than two years at the time of the citizen's death
proves by a preponderance of the evidence that the marriage was entered
into in good faith and not solely for the purpose of obtaining an
immigration benefit,'' after ``within 2 years after such date''; and by
inserting the following sentence after the sentence ending with
``remarries'': ``In the case of an alien who was the child or parent of
a citizen of the United States at the time of the citizen's death, the
alien shall be considered, for purposes of this subsection, to remain
an immediate relative after the date of the citizen's death but only if
the alien files a petition under section 204(a)(1)(A)(ii), as amended,
within two years after such date in the case of a parent, or prior to
reaching the age of 21 in the case of a child.''.
(b) Petition.--Section 204(a)(1)(A)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1154 (a)(1)(A)(ii) is amended by inserting
``or an alien child or alien parent described in the third sentence of
section 201(b)(2)(A)(i)'' after ``section 201(b)(2)(A)(i)''.
(c) Transition Period.--In applying section 201(b)(2)(A)(i) of the
Immigration and Nationality Act, as amended, in the case of an alien
whose citizen relative died before the date of the enactment of this
Act, the alien relative may (notwithstanding the deadlines specified in
such subsection) file the classification petition referred to in such
subsection within 2 years after the date of the enactment of this Act.
In the case of an alien who was excluded, deported, removed or departed
voluntarily before the date of the enactment of this Act, such alien
shall be eligible for parole into the United States pursuant to the
Attorney General's authority under section 212(d)(5), and such alien's
application for adjustment of status shall be considered
notwithstanding section 212(a)(9).
(d) Adjustment of Status.--Section 245 (8 U.S.C. 1255) of the
Immigration and Nationality Act is amended by adding at the end the
following:
``(n) Applications for Adjustment of Status by Surviving Spouses,
Children and Parents.--
``(1) In general.--Any alien described in paragraph (2) who
applied for adjustment of status prior to the death of the
qualifying relative, may have such application adjudicated as
if such death had not occurred.
``(2) Alien described.--An alien described in this
paragraph is an alien who--
``(A) is an immediate relative as described in
section 201(b)(2)(A)(i);
``(B) is a family-sponsored immigrant as described
in section 203(a) or (d);
``(C) is a derivative beneficiary of an employment-
based immigrant under section 203(b), as described in
section 203(d); or
``(D) is a derivative beneficiary of a diversity
immigrant as described in section 203(c).''.
(e) Transition Period.--Notwithstanding a denial of an application
for adjustment of status, in the case of an alien whose qualifying
relative died before the date of the enactment of this Act, such
application may be renewed by the alien through a motion to reopen,
without fee, filed within two years after the date of the enactment of
this Act. In the case of an alien who was excluded, deported, removed
or departed voluntarily before the date of the enactment of this Act,
such alien shall be eligible for parole into the United States pursuant
to the Attorney General's authority under section 212(d)(5), and such
alien's application for adjustment of status shall be considered
notwithstanding section 212(a)(9).
(f) State Department Processing of Immigrant Visas.--Section 204(b)
of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by
adding at the end the following:
``(7) Effect of death.--
``(A) In general.--Any alien described in
subparagraph (B) whose qualifying relative died prior
to completion of immigrant visa processing may have an
immigrant visa application adjudicated as if such death
had not occurred, and any immigrant visa issued prior
to the death of the qualifying relative shall remain
valid.
``(B) Alien described.--An alien described in this
subparagraph is an alien who--
``(i) is an immediate relative as described
in section 201(b)(2)(A)(i);
``(ii) is a family-sponsored immigrant as
described in section 203(a) or (d);
``(iii) is a derivative beneficiary of an
employment-based immigrant under section
203(b), as described in section 203(d); or
``(iv) is a derivative beneficiary of a
diversity immigrant as described in section
203(c).''.
(g) Transition Period.--Notwithstanding a denial or revocation of
an application for an immigrant visa, in the case of an alien whose
qualifying relative died before the date of the enactment of this Act,
such application may be renewed by the alien through a motion to
reopen, without fee, filed within two years after the date of the
enactment of this Act. In the case of an alien who was excluded,
deported, removed or departed voluntarily before the date of the
enactment of this Act, such alien's application for an immigrant visa
shall be considered notwithstanding section 212(a)(9).
(h) Naturalization.--Section 319(a) of the Immigration and
Nationality Act (8 U.S.C. 1429(a)) is amended by inserting ``or, if the
spouse is deceased, the spouse was a citizen of the United States,''
after ``(a) Any person whose spouse is a citizen of the United
States,''.
SEC. 304. ELIMINATING THE WIDOWED PERMANENT RESIDENT'S NATURALIZATION
PENALTY.
Section 319(a) (8 U.S.C. 1429(a)) is amended by inserting ``or, if
the spouse is deceased, the spouse was a citizen of the United
States,'' after ``(a) Any person whose spouse is a citizen of the
United States,''.
TITLE IV--PREVENTING SEX OFFENDERS FROM USING OUR IMMIGRATION LAWS TO
BRING INNOCENT, UNSUSPECTING VICTIMS INTO THE UNITED STATES
SEC. 401. FINDINGS.
The Congress finds the following:
(1) Immigration law allows citizens and aliens lawfully
admitted for permanent residence to bring foreign family
members to the United States on the basis of immediate relative
status or a preference classification.
(2) Immediate relative status and preference
classifications are obtained by filing petitions with the
Secretary of Homeland Security.
(3) For national security purposes, the Secretary of
Homeland Security conducts background checks on the
beneficiaries of such petitions and, since September 11, 2001,
on the petitioners as well.
(4) The Government Accountability Office (GAO) has
determined that, in fiscal year 2005, at least 398 of the
petitioners who filed family-based visa petitions were on the
National Sex Offender Registry maintained by the Federal Bureau
of Investigations.
(5) GAO was only able to ascertain the nature of the sex
offense for 194 of the 398 petitioners.
(6) GAO was able to ascertain, however, that 119 of the
convictions were for sex assault, 35 for child fondling, 9 for
strong arm rape, 9 for carnal abuse combined with a sexual
assault, 7 were for statutory rape, 4 for crimes against
persons, 3 for indecent exposure, 2 for kidnapping, 2 for
obscene material possession, 1 for exploitation of a minor with
photographs, 1 for incest with a minor, 1 for sodomizing a boy,
and 1 for restricting movement.
(7) At least 14 of the 398 petitioners were classified as
``sexual predators'', which means a determination had been made
that they are likely to commit additional sex offenses.
(8) At least 45 of the petitioners were convicted of sex
offenses against children.
(9) The Immigration and Nationality Act does not provide
the Secretary of Homeland Security with authorization to deny
family-based petitions on the basis of a petitioner's
conviction for a sex offense, even when the conviction record
indicates that a spouse or a child beneficiary may be in grave
danger.
SEC. 402. DISCRETIONARY AUTHORITY TO DENY FAMILY-SPONSORED
CLASSIFICATION PETITION BY PETITIONER LISTED ON NATIONAL
SEX OFFENDER REGISTRY.
Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154)
is amended by adding at the end the following:
``(l) Authority To Deny Family-Based Petition by Petitioner Listed
on National Sex Offender Registry.--
``(1) In general.--The Secretary Homeland Security may, in
the discretion of the Secretary, deny a petition under
subsection (a) for classification of a spouse or child if--
``(A) the Secretary has confirmed that the
petitioner is on the national sex offender registry
maintained by the Federal Bureau of Investigation for a
conviction that individually (disregarding any
aggregation due to any other conviction) resulted in
incarceration for more than 1 year;
``(B) the petitioner has been given at least 90
days to establish that the petitioner is not the person
named on the registry or that the conviction did not
result in incarceration for more than 1 year and has
failed to establish such fact; and
``(C) the Secretary finds that granting the
petition would put a primary or derivative spouse or
child beneficiary in grave danger of being sexually
abused.
``(2) Determining danger.--In making the determination
under paragraph (1)(C), the Secretary shall use the following
principles:
``(A) Nature of the relationship.--In evaluating a
petitioner who has filed a petition for a spouse,
consideration should be given to indications of how
well the petitioner and the spouse know each other.
Petitions filed on the basis of marriages between men
and women who have had little direct, personal contact
with each other should be viewed with suspicion. In
cases where the petitioner and the spouse have had
little direct, personal contact with each other,
evidence should be submitted to establish that they
have gotten to know each other in some other way.
``(B) Nature of the sex offense.--Consideration
should be given to when each offense occurred for which
the petitioner was incarcerated for more than a year,
how serious it was, the sentence that was imposed, how
long the petitioner was incarcerated, the age of the
petitioner when it was committed, and the
characteristics of the victim.
``(C) Rehabilitation.--Evidence of rehabilitation
should be evaluated with respect to whether it
diminishes the risk of sexual abuse to the primary or
derivative spouse or child beneficiaries.
``(D) Previous visa petitions.--The records for any
previous petitions shall be examined to determine
whether they provide or might lead to evidence that is
pertinent to determining whether granting the petition
would put a primary or derivative spouse or child
beneficiary in grave danger of being sexually abused.
``(3) Rebuttal.--If the Secretary intends to deny a
petition under paragraph (1), the Secretary shall provide the
petitioner with a notice that states the reasons for the
intended denial and provides the petitioner with at least 90
days to submit rebuttal evidence. Rebuttal should focus
primarily on the factors that led the Secretary to believe that
granting the petition would put a primary or derivative spouse
or child beneficiary in grave danger of being sexually abused.
``(4) Post-denial remedies.--
``(A) Appeal.--All final denials under paragraph
(1) may be appealed to the Board of Immigration
Appeals.
``(B) New petition.--The petitioner may file a new
petition whenever the petitioner has additional
evidence that the petitioner believes might be
sufficient to warrant granting the new petition.
``(5) Disclosure by the secretary of homeland security to
beneficiaries.--In all cases in which it has been confirmed
that the name of a petitioner under subsection (a) is listed on
the national sex offender registry maintained by the Federal
Bureau of Investigation, and regardless of whether the
Secretary may exercise discretion under paragraph (1), the
Secretary shall give the petitioner at least 90 days to
establish that the petitioner is not the person named on the
registry. If the petitioner fails to establish that the
petitioner is not the person named on the registry within the
time allotted, the Secretary shall provide the beneficiaries
with a written copy of the information on the registry that is
available to the public before making a decision on the
petition. The beneficiary shall be informed that the registry
information is based on available records and may not be
complete.
``(6) Disclosure to department of state.--In all cases in
which it has been confirmed that the name of a petitioner under
subsection (a) is listed on the national sex offender registry
maintained by the Federal Bureau of Investigation, and
regardless of whether the Secretary may exercise discretion
under paragraph (1), the Secretary shall provide the Secretary
of State with--
``(A) a separate document with information about
the record on the national sex offender registry that
is available to the public;
``(B) any additional information it has that raises
concern that a primary or derivative spouse or child
beneficiary may be subject to sexual abuse, including
information from the registry that is not available to
the public; and
``(C) information about any previous petitions
under subsection (a) filed by the petitioner.
``(7) Disclosure by consular officer to beneficiaries.--
When a petition under subsection (a) is granted, if the
petition is filed by a petitioner who has failed to make the
demonstration of mis-identification described in paragraph (5),
the consular officer shall conduct an interview with the
primary or derivative spouse or child beneficiary of the
petition before issuing a visa to the beneficiary. At least
part of the interview must be held without the presence of the
petitioner. During the private part of the interview, the
beneficiary will be given a written copy of the information
about the petitioner from the registry that is available to the
public. This document must be written in the beneficiary's
primary language. The consular officer is required to advise
the beneficiary that approval of the visa petition does not
mean that there are no reasons to be concerned about his or her
safety.
``(8) Additional responsibilities of consular officer.--The
consular officer may return files to the Secretary of Homeland
Security for further consideration in cases where the consular
officer is concerned that granting the visa might put a primary
or derivative spouse or child beneficiary in grave danger of
being sexually abused. When returning a file under the previous
sentence, the consular officer may add any additional
information or observations the officer has that might have a
bearing on whether the visa should be granted, including the
results of any field examination that has been conducted.''.
SEC. 403. REMOVAL OF CONDITIONAL PERMANENT RESIDENT STATUS.
(a) Identify and Provide Assistance for Spouses and Children Who
Are Subject to Sexual Abuse or Related Types of Harm.--Section
216(d)(3) of the Immigration and Nationality Act (8 U.S.C. 1186a(d)(3))
is amended--
(1) by inserting before ``The interview'' the following:
``(A) In general.--Subject to subparagraph (B), the
interview''; and
(2) by adding at the end the following:
``(B) Petitioner listed on national sex offender
registry.--In all cases where the Secretary of Homeland
Security has confirmed that a petitioning spouse is
listed on the national sex offender registry maintained
by the Federal Bureau of Investigation, an interview
with the alien spouse, and any alien sons or daughters,
shall be required prior to removal of the conditional
status, and at least part of the interview shall be
held without the presence of the petitioning spouse.
During the private portion of the interview, questions
will be asked to determine whether an investigation
should be conducted regarding the welfare of the alien
spouse, or any alien son or daughter. If it is
determined that any alien spouse, son, or daughter is
being abused or harmed by the petitioning spouse, the
victim shall be offered whatever assistance is
appropriate, including information on ways to remain in
the United State that do not depend on continuing the
qualifying marriage.''.
(b) Hardship Waiver in Cases Where the Alien Spouse or Child Is
Subject to Sexual Abuse.--Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end
(2) in subparagraph (C), by striking the period at the end
and inserting ``, or''; and
(3) by inserting after subparagraph (C) the following:
``(D) the qualifying marriage was entered into in
good faith by the alien spouse and during the marriage
the alien spouse, or a son or daughter of the spouse,
was sexually abused and the alien was not at fault in
failing to meet the requirements of paragraph (1).''.
SEC. 404. SPECIAL TASK FORCE TO IDENTIFY PEOPLE NAMED ON THE NATIONAL
SEX OFFENDER REGISTRY WHO HAVE FILED FAMILY-BASED
CLASSIFICATION PETITIONS.
(a) In General.--The Secretary of Homeland Security shall establish
a task force, to be known as the ``Task Force to Rescue Immigrant
Victims of American Sex Offenders''. The task force shall consist of
officials from Federal, State, and local law enforcement agencies with
experience in domestic violence, sex crimes, immigration law,
trafficking in humans, organized crime, or any other area of experience
which may be useful in completing the duties described in subsection
(b).
(b) Duties.--The duties of the task force shall be the following:
(1) Working back in time from the date of the establishment
of the task force, identifying individuals on the Federal
Bureau of Investigation's sex offender registry who have filed
family-based petitions under section 204(a) of the Immigration
and Nationality Act. When a confirmed match has been made with
the sex offender registry, the task force should ascertain
whether the petitioner filed previous petitions.
(2) Maintaining the information about the petitioners in a
comprehensive database.
(3) Prioritizing the information according to the
likelihood that primary or derivative spouse or child
beneficiaries are in danger of sexual abuse.
(4) Developing a system for investigating the cases in
which beneficiaries may be at risk and providing them with
information on how to seek assistance if they are abused.
(5) Except for information on the registry that is
available to the public, protecting the information produced by
its investigations in accordance with the privacy rights of
everyone involved in the investigation.
(6) Taking whatever other actions as are reasonable and
appropriate when investigations lead to information about
sexual abuse or other criminal activities, including notifying
State and local police departments, government offices, public
organizations that provide assistance to victims of sexual
abuse, and religious organizations.
(c) Report to Congress.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall submit to the Congress a
report on the findings and recommendations of the task force. The
report shall include the following:
(1) An analysis of the information obtained in searching
visa petition and national sex offender registry records.
(2) The results of any investigations conducted by the task
force.
(3) Recommendations on administrative and legislative
actions that would assist in identifying and protecting
immigrant victims of sexual abuse or related harm.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. Amounts appropriated
under this section shall remain available until expended.
SEC. 406. REGULATIONS.
Regulations implementing this Act shall be promulgated in final
form not later than 180 days after the date of the enactment of this
Act.
TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS
SEC. 501. EARNED ACCESS TO LEGALIZATION.
(a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is
amended by inserting after section 245A the following:
``adjustment of status on the basis of earned access to legalization
``Sec. 245B. (a) In General.--The Secretary of Homeland Security
may adjust the status of an alien to that of an alien lawfully admitted
for permanent residence if the alien--
``(1) was physically present in the United States for a
continuous period of not less than 5 years immediately
preceding the date on which this provision was enacted and has
maintained continuous physical presence since then;
``(2) has at all times been a person of good moral
character;
``(3) has never been convicted of a criminal offense in the
United States;
``(4) in the case of an alien who is 18 years of age or
older, but who is not over the age of 65, has successfully
completed a course on reading, writing, and speaking words in
ordinary usage in the English language, unless unable to do so
on account of physical or developmental disability or mental
impairment;
``(5) in the case of an alien 18 years of age or older, has
accepted the values and cultural life of the United States; and
``(6) in the case of an alien 18 years of age or older, has
performed at least 40 hours of community service.
``(b) Treatment of Brief, Casual, and Innocent Absences.--An alien
shall not be considered to have failed to maintain a continuous
presence in the United States for purposes of subsection (a)(1) by
virtue of brief, casual, and innocent absences from the United States.
``(c) Admissible as Immigrant.--
``(1) In general.--The alien shall establish that the alien
is admissible to the United States as immigrant, except as
otherwise provided in paragraph (2).
``(2) Exceptions.--The provisions of paragraphs (5),
(6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and
(9)(C)(i)(I) of section 212(a) shall not apply in the
determination of an alien's admissibility under this section.
``(d) Security and Law Enforcement Clearances.--The alien, if over
15 years of age, shall submit fingerprints in accordance with
procedures established by the Secretary of Homeland Security. Such
fingerprints shall be submitted to relevant Federal agencies to be
checked against existing databases for information relating to
criminal, national security, or other law enforcement actions that
would render the alien ineligible for adjustment of status under this
section. The Secretary of Homeland Security shall provide a process for
challenging the accuracy of matches that result in a finding of
ineligibility for adjustment of status.
``(e) Inapplicability of Numerical Limitations.--When an alien is
granted lawful permanent resident status under this subsection, the
number of immigrant visas authorized to be issued under any provision
of this Act shall not be reduced. The numerical limitations of sections
201 and 202 shall not apply to adjustment of status under this section.
``(f) Termination of Proceedings.--The Secretary of Homeland
Security may terminate removal proceedings without prejudice pending
the outcome of an alien's application for adjustment of status under
this section on the basis of a prima facie showing of eligibility for
relief under this section.''.
(b) Clerical Amendment.--The table of contents is amended by
inserting after the item relating to section 245A the following:
``Sec. 245B. Adjustment of status on the basis of earned access to
legalization.''.
SEC. 502. LEGALIZATION PROVISIONS FOR CHILDREN.
(a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.), as
amended by section 201, is further amended by inserting after section
245B the following:
``adjustment of status for certain children
``Sec. 245C. (a) In General.--The Secretary of Homeland Security
may adjust the status of an alien to that of an alien lawfully admitted
for permanent residence if the alien is a child at the time of filing
the application for such adjustment and establishes that the alien, at
such time--
``(1) has been physically present and enrolled in school in
the United States for a continuous period of not less than 5
years immediately preceding the date of such application, and
during that period has been a person of good moral character;
``(2) has fully integrated into life in the United States;
``(3) has learned English or is satisfactorily pursuing a
course of study to achieve an understanding of English;
``(4) is successfully pursuing an elementary school, middle
school, high school, or college-level education; and
``(5) if older than 13 years of age, has performed at least
60 hours of community service.
``(b) Treatment of Brief, Casual, and Innocent Absences.--An alien
shall not be considered to have failed to maintain a continuous
presence in the United States for purposes of subsection (a)(1) by
virtue of brief, casual, and innocent absences from the United States.
``(c) Admissible as Immigrant.--
``(1) In general.--The alien shall establish that the alien
is admissible to the United States as an immigrant, except as
otherwise provided in paragraph (2).
``(2) Applicability of certain provisions.--
``(A) Grounds of inadmissibility not applied.--The
provisions of paragraphs (5), (6)(A), (6)(B), (6)(C),
(6)(F), (6)(G), (7)(A), (9)(B), and (9)(C) of section
212(a) shall not apply in the determination of an
alien's admissibility under this section.
``(B) Waiver of other grounds.--
``(i) In general.--Except as provided in
clause (ii), the Secretary of Homeland Security
may waive any other provision of section 212(a)
in the case of an individual alien for
humanitarian purposes, to assure family unity,
or when it is otherwise in the public interest.
``(ii) Grounds that may not be waived.--The
following provisions of section 212(a) may not
be waived by the Secretary under clause (i):
``(I) Paragraphs (2)(A) and (2)(B)
(relating to criminals).
``(II) Paragraph (2)(C) (relating
to drug offenses), except for so much
of such paragraph as relates to a
single offense of simple possession of
30 grams or less of marijuana.
``(III) Paragraph (3) (relating to
security and related grounds).
``(d) No Numerical Limitations.--The numerical limitations of
sections 201 and 202 shall not apply to adjustment of status under this
section.
``(e) Confidentiality of Information.--Except as provided in this
section, neither the Secretary of Homeland Security, nor any other
official or employee of the Department of Homeland Security, may--
``(1) use information furnished by applicant for an
application filed under this section for any purpose other than
to make a determination on the application;
``(2) make any publication whereby the information
furnished by any particular applicant can be identified; or
``(3) permit anyone other than the sworn officers and
employees of the Department, the applicant, or a representative
of the applicant to examine individual applications.
``(f) Dissemination of Information.--The Secretary of Homeland
Security shall broadly disseminate information respecting the benefits
which aliens may receive under this section and the requirements to
obtain such benefits.''.
(b) Clerical Amendment.--The table of contents, as amended by
section 201, is amended further by inserting after the item relating to
section 245B the following:
SEC. 503. UPDATED REGISTRY PROVISION.
(a) In General.--Section 249 (8 U.S.C. 1259) is amended--
(1) in the section heading by striking ``1972'' and
inserting ``1986''; and
(2) in paragraph (a), by striking ``1972'' and inserting
``1986''.
(b) Clerical Amendment.--The table of sections is amended in the
item relating to section 249 by striking ``1972'' and inserting
``1986''.
``Sec. 245C. Adjustment of status for certain children.''.
TITLE VI--BORDER SECURITY PROVISIONS
Subtitle A--Rapid Response Measures
SEC. 601. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL AGENTS.
(a) In General.--If the Governor of a State on an international
border of the United States declares an international border security
emergency and requests additional United States Border Patrol agents
from the Secretary of Homeland Security, the Secretary is authorized,
subject to subsections (b) and (c), to provide the State with up to
1,000 additional United States Border Patrol agents for the purpose of
patrolling and defending the international border, in order to prevent
individuals from crossing the international border and entering the
United States at any location other than an authorized port of entry.
(b) Consultation.--The Secretary of Homeland Security shall consult
with the President upon receipt of a request under subsection (a), and
shall grant it to the extent that providing the requested assistance
will not significantly impair the Department of Homeland Security's
ability to provide border security for any other State.
(c) Collective Bargaining.--Emergency deployments under this
section shall be made in conformance with all collective bargaining
agreements and obligations.
SEC. 602. ELIMINATION OF FIXED DEPLOYMENT OF UNITED STATES BORDER
PATROL AGENTS.
The Secretary of Homeland Security shall ensure that no United
States Border Patrol agent is precluded from performing patrol duties
and apprehending violators of law, except in unusual circumstances
where the temporary use of fixed deployment positions is necessary.
SEC. 603. HELICOPTERS AND POWER BOATS.
(a) In General.--The Secretary of Homeland Security shall increase
by not less than 100 the number of United States Border Patrol
helicopters, and shall increase by not less than 250 the number of
United States Border Patrol power boats. The Secretary of Homeland
Security shall ensure that appropriate types of helicopters are
procured for the various missions being performed. The Secretary of
Homeland Security also shall ensure that the types of power boats that
are procured are appropriate for both the waterways in which they are
used and the mission requirements.
(b) Use and Training.--The Secretary of Homeland Security shall
establish an overall policy on how the helicopters and power boats
described in subsection (a) will be used and implement training
programs for the agents who use them, including safe operating
procedures and rescue operations.
SEC. 604. CONTROL OF UNITED STATES BORDER PATROL ASSETS.
The United States Border Patrol shall have complete and exclusive
administrative and operational control over all the assets utilized in
carrying out its mission, including, aircraft, watercraft, vehicles,
detention space, transportation, and all of the personnel associated
with such assets.
SEC. 605. MOTOR VEHICLES.
The Secretary of Homeland Security shall establish a fleet of motor
vehicles appropriate for use by the United States Border Patrol that
will permit a ratio of at least one police-type vehicle per every 3
United States Border Patrol agents. Additionally, the Secretary of
Homeland Security shall ensure that there are sufficient numbers and
types of other motor vehicles to support the mission of the United
States Border Patrol. All vehicles will be chosen on the basis of
appropriateness for use by the United States Border Patrol, and each
vehicle shall have a ``panic button'' and a global positioning system
device that is activated solely in emergency situations for the purpose
of tracking the location of an agent in distress. The police-type
vehicles shall be replaced at least every 3 years.
SEC. 606. PORTABLE COMPUTERS.
The Secretary of Homeland Security shall ensure that each police-
type motor vehicle in the fleet of the United States Border Patrol is
equipped with a portable computer with access to all necessary law
enforcement databases and otherwise suited to the unique operational
requirements of the United States Border Patrol.
SEC. 607. RADIO COMMUNICATIONS.
The Secretary of Homeland Security shall augment the existing radio
communications system so all law enforcement personnel working in every
area where United States Border Patrol operations are conducted have
clear and encrypted two-way radio communication capabilities at all
times. Each portable communications device shall be equipped with a
``panic button'' and a global positioning system device that is
activated solely in emergency situations for the purpose of tracking
the location of the agent in distress.
SEC. 608. HAND-HELD GLOBAL POSITIONING SYSTEM DEVICES.
The Secretary of Homeland Security shall ensure that each United
States Border Patrol agent is issued a state-of-the-art hand-held
global positioning system device for navigational purposes.
SEC. 609. NIGHT VISION EQUIPMENT.
The Secretary of Homeland Security shall ensure that sufficient
quantities of state-of-the-art night vision equipment are procured and
maintained to enable each United States Border Patrol agent working
during the hours of darkness to be equipped with a portable night
vision device.
SEC. 610. BORDER ARMOR.
The Secretary of Homeland Security shall ensure that every United
States Border Patrol agent is issued high-quality body armor that is
appropriate for the climate and risks faced by the individual officer.
Each officer shall be allowed to select from among a variety of
approved brands and styles. Officers shall be strongly encouraged, but
not mandated, to wear such body armor whenever practicable. All body
armor shall be replaced at least every 5 years.
SEC. 611. WEAPONS.
The Secretary of Homeland Security shall ensure that United States
Border Patrol agents are equipped with weapons that are reliable and
effective to protect themselves, their fellow officers, and innocent
third parties from the threats posed by armed criminals. In addition,
the Secretary shall ensure that the Department's policies allow all
such officers to carry weapons that are suited to the potential threats
that they face.
SEC. 612. UNIFORMS.
The Secretary of Homeland Security shall ensure that all United
States Border Patrol agents are provided with all necessary uniform
items, including outerwear suited to the climate, footwear, belts,
holsters, and personal protective equipment, at no cost to such agents.
Such items shall be replaced at no cost to such agents as they become
worn, unserviceable, or no longer fit properly.
Subtitle B--Detention Pending Removal
SEC. 621. DETENTION FACILITIES FOR ALIENS ARRESTED FOR ILLEGAL ENTRY.
The Secretary of Homeland Security shall make arrangements for the
availability of 100,000 additional beds for detaining aliens taken into
custody by immigration officials. Some of these beds shall be rented
from Federal, State, and local detention facilities. The remainder of
the 100,000 shall be constructed to meet this demand on a temporary
basis and then converted to other use when they are no longer needed as
detention facilities.
SEC. 622. EXPANSION AND EFFECTIVE MANAGEMENT OF DETENTION FACILITIES.
(a) In General.--Subject to the availability of appropriations, the
Secretary of Homeland Security shall fully utilize--
(1) all available detention facilities operated or
contracted by the Department of Homeland Security;
(2) all possible options to cost effectively increase
available detention capacities, including the use of State and
local correctional facilities, private space, and secure
alternatives to detention; and
(3) the Department's Office of Civil Rights and Civil
Liberties shall monitor all facilities that are being used to
hold detainees for more than 72 hours.
The monitoring will include an evaluation of whether there is
compliance with the requirements of the Department's Detention
Operations Manual.
(b) Secure Alternatives to Detention Program.--
(1) Nature of the program.--For purposes of this section,
the secure alternatives to detention referred to in subsection
(a) is a program under which eligible aliens are released to
the custody of suitable individual or organizational sponsors
who will supervise them, use appropriate safeguards to prevent
them from absconding, and ensure that they make required
appearances.
(2) Program development.--The program shall be developed in
accordance with the following guidelines:
(A) The Secretary shall design the program in
consultation with nongovernmental organizations and
academic experts in both the immigration and the
criminal justice fields. Consideration should be given
to methods that have proven successful in appearance
assistance programs, such as the appearance assistance
program developed by the Vera Institute and the
Department of Homeland Security's Intensive Supervision
Appearance Program.
(B) The program shall utilize a continuum of
alternatives based on the alien's need for supervision,
including placement of the alien with an individual or
organizational sponsor, a supervised group home, or in
a supervised, non-penal community setting that has
guards stationed along its perimeter.
(C) The Secretary shall enter into contracts with
nongovernmental organizations and individuals to
implement the secure alternatives to detention program.
(c) Eligibility and Operations.--
(1) Selection of participants.--The Secretary shall select
aliens to participate in the program from designated groups
specified in paragraph (4) if the Secretary determines that
such aliens are not flight risks or dangers to the community.
(2) Voluntary participation.--An alien's participation in
the program is voluntary and shall not confer any rights or
benefits to the alien under the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.).
(3) Limitation on participation.--
(A) In general.--Only aliens who are in expedited
removal proceedings under section 236 of the
Immigration and Nationality Act (8 U.S.C. 1226) may
participate in the program.
(B) Rules of construction.--
(i) Aliens applying for asylum.--Aliens who
have established a credible fear of persecution
and have been referred to the Executive Office
for Immigration Review for an asylum hearing
shall not be considered to be in expedited
removal proceedings and the custody status of
such aliens after service of a Notice to Appear
shall be determined in accordance with the
procedures governing aliens in removal
proceedings under section 240 of such Act (8
U.S.C. 1229a).
(ii) Unaccompanied alien children.--
Unaccompanied alien children (as defined in
section 462(g)(2) of the Homeland Security Act
(6 U.S.C. 279(g)(2))) shall be considered to be
in the care and exclusive custody of the
Department of Health and Human Services and
shall not be subject to expedited removal and
shall not be permitted to participate in the
program.
(4) Designated groups.--The designated groups referred to
in paragraph (1) are the following:
(A) Alien parents who are being detained with one
or more of their children, and their detained children.
(B) Aliens who have serious medical or mental
health needs.
(C) Aliens who are mentally retarded or autistic.
(D) Pregnant alien women.
(E) Elderly aliens who are over the age of 65.
(F) Aliens placed in expedited removal proceedings
after being rescued from trafficking or criminal
operations by Government authorities.
(G) Other groups designated in regulations
promulgated by the Secretary.
(5) Implementing regulations.--Not later than 180 days
after the date of the enactment of this Act, the Secretary
shall promulgate regulations to implement the secure
alternatives to detention program and to standardize the care
and treatment of aliens in immigration custody based on the
Detention Operations Manual of the Department of Homeland
Security.
(6) Decisions regarding program not reviewable.--The
decisions of the Secretary regarding when to utilize the
program and to what extent and the selection of aliens to
participate in the program shall not be subject to
administrative or judicial review.
(d) Reporting Requirements.--Not later than 180 days after the date
of the enactment of this Act and annually thereafter, the Secretary
shall submit to the Committee on Homeland Security of the House of
Representatives, the Committee on the Judiciary of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Committee on the Judiciary of the Senate
a report that details all policies, regulations, and actions taken to
comply with the provisions in this section, including maximizing
detention capacity and increasing the cost-effectiveness of detention
by implementing the secure alternatives to detention program, and a
description of efforts taken to ensure that all aliens in expedited
removal proceedings are residing under conditions that are safe,
secure, and healthy.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security such sums as may be
necessary to carry out this section. Amounts appropriated pursuant to
this section shall remain available until expended.
Subtitle C--Recruitment and Retention of Additional Immigration Law
Enforcement Personnel
SEC. 631. ADDITIONAL UNITED STATES BORDER PATROL AGENTS.
The Secretary of Homeland Security shall increase the number of
United States Border Patrol agents by--
(1) 2,500 in fiscal year 2008;
(2) 2,750 in fiscal year 2009;
(3) 3,000 in fiscal year 2010;
(4) 3,250 in fiscal year 2011; and
(5) 3,500 in fiscal year 2012.
SEC. 632. PROVISIONS RELATING TO THE EXERCISE OF CERTAIN APPOINTMENT
AND OTHER SIMILAR AUTHORITIES WITH RESPECT TO THE UNITED
STATES BORDER PATROL.
(a) In General.--Notwithstanding any other provision of law--
(1) all authority described in subsection (b) that (but for
this section) would otherwise be vested in the Secretary of
Homeland Security shall instead be vested in the head of the
United States Border Patrol;
(2) an individual may not be appointed or continue to serve
as the head of the United States Border Patrol if, at the time
of appointment, such individual has not completed at least 20
years of service, within the competitive service (as defined by
section 2102 of title 5, United States Code), as a United
States Border Patrol agent; and
(3) all activities described in subsection (b) shall be
considered inherently Governmental functions and may not be
carried out by any persons other than employees of the United
States Border Patrol.
(b) Authorities Described.--This section applies with respect to
any authority relating to the recruitment, selection, and appointment
of applicants (including the conducting of any investigation necessary
to approve or grant security clearances) for United States Border
Patrol agents, law enforcement officers (other than United States
Border Patrol agents), and such other positions within the United
States Border Patrol as the head of the United States Border Patrol may
by regulation determine.
(c) Regulations.--The head of the United States Border Patrol shall
by regulation identify the specific authorities, including citations to
the relevant provisions of law, rule, or regulation, to which this
section applies.
SEC. 633. TRAINING FACILITIES.
The Secretary of Homeland Security shall ensure that the training
facilities used to train newly-hired United States Border Patrol agents
are sufficiently spacious and modern to ensure that all recruits are
afforded the highest possible quality training, as well as reasonably
comfortable living conditions. All dormitories shall be constructed so
that each trainee is housed in separate quarters. Moreover, the
Secretary shall ensure that the training sites selected contains
adequate housing for all permanent and temporary instructors within the
local commuting area.
SEC. 634. OPERATIONAL FACILITIES.
The Secretary of Homeland Security shall ensure that all
operational facilities of the United States Border Patrol are well-
equipped and sufficiently spacious and modern to enable all of the
personnel assigned to such facilities to efficiently accomplish the
agency's mission.
SEC. 635. MAXIMUM STUDENT LOAN REPAYMENTS FOR UNITED STATES BORDER
PATROL AGENTS.
Section 5379(b) of title 5, United States Code, is amended by
adding at the end the following:
``(4) In the case of an employee (otherwise eligible for benefits
under this section) who is serving as a full-time active-duty United
States Border Patrol agent within the Department of Homeland Security--
``(A) paragraph (2)(A) shall be applied by substituting
`$20,000' for `$10,000'; and
``(B) paragraph (2)(B) shall be applied by substituting
`$80,000' for `$60,000'.''.
SEC. 636. RECRUITMENT AND RELOCATION BONUSES AND RETENTION ALLOWANCES
FOR PERSONNEL OF THE DEPARTMENT OF HOMELAND SECURITY.
The Secretary of Homeland Security shall ensure that the authority
to pay recruitment and relocation bonuses under section 5753 of title
5, United States Code, the authority to pay retention bonuses under
section 5754 of such title, and any other similar authorities available
under any other provision of law, rule, or regulation, are exercised to
the fullest extent allowable in order to encourage service in the
Department of Homeland Security.
SEC. 637. REPEAL OF THE DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES
MANAGEMENT SYSTEM.
(a) Repeal.--
(1) In general.--Effective as of the date specified in
section 4 of the Homeland Security Act of 2002 (6 U.S.C. 101
note), chapter 97 of title 5, United States Code (as added by
section 841(a)(2) of such Act), section 841(b)(3) of such Act,
and subsections (c) and (e) of section 842 of such Act are
repealed.
(2) Regulations.--Any regulations prescribed under
authority of chapter 97 of title 5, United States Code, are
void ab initio.
(b) Nullification of Previous Exclusions.--Effective as of the date
of the enactment of this Act, all previous determinations as to
whether--
(1) an agency or subdivision of the Department of Homeland
Security (or a predecessor agency or subdivision transferred
into the Department) is excluded from coverage under chapter 71
of title 5, United States Code,
(2) a unit or subdivision of a unit within the Department
of Homeland Security (or a predecessor agency or subdivision
transferred into the Department) is not appropriate for
representation by a labor organization under such chapter, or
(3) an employee or position within the Department of
Homeland Security (or a predecessor agency or subdivision
transferred into the Department) is within a unit that is not
appropriate for representation by a labor organization under
such chapter,
are null and void, except to the extent that such determinations were
made in accordance with the criteria outlined in paragraph (1), (2),
(3), (4), or (7) of section 7112(b) of such title 5.
(c) Clerical Amendment.--The table of chapters for part III of
title 5, United States Code, is amended by striking the item relating
to chapter 97.
SEC. 638. ESTABLISHMENT OF SPECIALIZED INSPECTOR OCCUPATIONS.
The Secretary of Homeland Security shall establish within the
Bureau of Customs and Border Protection 3 distinct inspectional
occupations: immigration, customs, and agriculture. These divisions
shall coordinate closely with each other under the direction of a high-
level official within the Bureau, but shall report to separate
operational chains of command.
SEC. 639. INCREASE IN INSPECTORS AT AIRPORT AND LAND BORDER INSPECTION
STATIONS.
In each of the fiscal years 2008 through 2012, the Secretary of
Homeland Security shall increase by not less than 1,000 the number of
positions for full-time active duty immigration inspectors at airport
and land border inspection stations within the Department of Homeland
Security above the number of such positions for which funds were
allotted for the preceding fiscal year.
SEC. 640. LAW ENFORCEMENT RETIREMENT COVERAGE FOR INSPECTION OFFICERS
AND OTHER EMPLOYEES.
(a) Amendments.--
(1) Federal employees' retirement system.--
(A) Paragraph (17) of section 8401 of title 5,
United States Code, is amended by striking ``and'' at
the end of subparagraph (C), and by adding at the end
the following:
``(E) an employee (not otherwise covered by this
paragraph)--
``(i) the duties of whose position include
the investigation or apprehension of
individuals suspected or convicted of offenses
against the criminal laws of the United States;
and
``(ii) who is authorized to carry a
firearm; and
``(F) an employee of the Internal Revenue Service,
the duties of whose position are primarily the
collection of delinquent taxes and the securing of
delinquent returns;''.
(B) Conforming amendment.--Section 8401(17)(C) of
title 5, United States Code, is amended by striking
``(A) and (B)'' and inserting ``(A), (B), (E), and
(F)''.
(2) Civil service retirement system.--Paragraph (20) of
section 8331 of title 5, United States Code, is amended by
inserting after ``position.'' (in the matter before
subparagraph (A)) the following: ``For the purpose of this
paragraph, the employees described in the preceding provision
of this paragraph (in the matter before''including``) shall be
considered to include an employee, not otherwise covered by
this paragraph, who satisfies clauses (i)-(ii) of section
8401(17)(E) and an employee of the Internal Revenue Service the
duties of whose position are as described in section
8401(17)(F).''.
(3) Effective date.--Except as provided in subsection (b),
the amendments made by this subsection shall take effect on the
date of the enactment of this Act, and shall apply only in the
case of any individual first appointed (or seeking to be first
appointed) as a law enforcement officer (within the meaning of
those amendments) on or after such date.
(b) Treatment of Service Performed by Incumbents.--
(1) Law enforcement officer and service described.--
(A) Law enforcement officer.--Any reference to a
law enforcement officer described in this paragraph
refers to an individual who satisfies the requirements
of section 8331(20) or 8401(17) of title 5, United
States Code (relating to the definition of a law
enforcement officer) by virtue of the amendments made
by subsection (a).
(B) Service.--Any reference to service described in
this paragraph refers to service performed as a law
enforcement officer (as described in this paragraph).
(2) Incumbent defined.--For purposes of this subsection,
the term ``incumbent'' means an individual who--
(A) is first appointed as a law enforcement officer
(as described in paragraph (1)) before the date of the
enactment of this Act; and
(B) is serving as such a law enforcement officer on
such date.
(3) Treatment of service performed by incumbents.--
(A) In general.--Service described in paragraph (1)
which is performed by an incumbent on or after the date
of the enactment of this Act shall, for all purposes
(other than those to which subparagraph (B) pertains),
be treated as service performed as a law enforcement
officer (within the meaning of section 8331(20) or
8401(17) of title 5, United States Code, as
appropriate), irrespective of how such service is
treated under subparagraph (B).
(B) Retirement.--Service described in paragraph (1)
which is performed by an incumbent before, on, or after
the date of the enactment of this Act shall, for
purposes of subchapter III of chapter 83 and chapter 84
of title 5, United States Code, be treated as service
performed as a law enforcement officer (within the
meaning of such section 8331(20) or 8401(17), as
appropriate), but only if an appropriate written
election is submitted to the Office of Personnel
Management within 5 years after the date of the
enactment of this Act or before separation from
Government service, whichever is earlier.
(4) Individual contributions for prior service.--
(A) In general.--An individual who makes an
election under paragraph (3)(B) may, with respect to
prior service performed by such individual, contribute
to the Civil Service Retirement and Disability Fund the
difference between the individual contributions that
were actually made for such service and the individual
contributions that should have been made for such
service if the amendments made by subsection (a) had
then been in effect.
(B) Effect of not contributing.--If no part of or
less than the full amount required under subparagraph
(A) is paid, all prior service of the incumbent shall
remain fully creditable as law enforcement officer
service, but the resulting annuity shall be reduced in
a manner similar to that described in section
8334(d)(2) of title 5, United States Code, to the
extent necessary to make up the amount unpaid.
(C) Prior service defined.--For purposes of this
subsection, the term ``prior service'' means, with
respect to any individual who makes an election under
paragraph (3)(B), service (described in paragraph (1))
performed by such individual before the date as of
which appropriate retirement deductions begin to be
made in accordance with such election.
(5) Government contributions for prior service.--
(A) In general.--If an incumbent makes an election
under paragraph (3)(B), the agency in or under which
that individual was serving at the time of any prior
service (referred to in paragraph (4)) shall remit to
the Office of Personnel Management, for deposit in the
Treasury of the United States to the credit of the
Civil Service Retirement and Disability Fund, the
amount required under subparagraph (B) with respect to
such service.
(B) Amount required.--The amount an agency is
required to remit is, with respect to any prior
service, the total amount of additional Government
contributions to the Civil Service Retirement and
Disability Fund (above those actually paid) that would
have been required if the amendments made by subsection
(a) had then been in effect.
(C) Contributions to be made ratably.--Government
contributions under this paragraph on behalf of an
incumbent shall be made by the agency ratably (on at
least an annual basis) over the 10-year period
beginning on the date referred to in paragraph (4)(C).
(6) Exemption from mandatory separation.--Nothing in
section 8335(b) or 8425(b) of title 5, United States Code,
shall cause the involuntary separation of a law enforcement
officer (as described in paragraph (1)) before the end of the
3-year period beginning on the date of the enactment of this
Act.
(7) Regulations.--The Office shall prescribe regulations to
carry out this section, including--
(A) provisions in accordance with which interest on
any amount under paragraph (4) or (5) shall be
computed, based on section 8334(e) of title 5, United
States Code; and
(B) provisions for the application of this
subsection in the case of--
(i) any individual who--
(I) satisfies subparagraph (A) (but
not subparagraph (B)) of paragraph (2);
and
(II) serves as a law enforcement
officer (as described in paragraph (1))
after the date of the enactment of this
Act; and
(ii) any individual entitled to a survivor
annuity (based on the service of an incumbent,
or of an individual under clause (i), who dies
before making an election under paragraph
(3)(B)), to the extent of any rights that would
then be available to the decedent (if still
living).
(8) Rule of construction.--Nothing in this subsection shall
be considered to apply in the case of a reemployed annuitant.
SEC. 641. REESTABLISHMENT OF THE UNITED STATES BORDER PATROL ANTI-
SMUGGLING UNIT.
The Secretary of Homeland Security shall reestablish the Anti-
Smuggling Unit within the Office of United States Border Patrol, and
shall immediately staff such office with a minimum of 500 criminal
investigators selected from within the ranks of the United States
Border Patrol. Staffing levels shall be adjusted upward periodically in
accordance with workload requirements.
SEC. 642. ESTABLISHMENT OF SPECIALIZED CRIMINAL INVESTIGATOR
OCCUPATIONS.
The Secretary of Homeland Security shall establish specialized
Criminal Investigator occupations within the Department: one for the
investigation of violations of immigration laws, another for customs
laws, and a third for agriculture laws. These divisions shall
coordinate closely with each other under the direction of a high-level
official within the Department, but shall report to separate
operational chains of command.
SEC. 643. ESTABLISHMENT OF CAREER PATHS TO CRIMINAL INVESTIGATOR
POSITIONS.
The Secretary of Homeland Security shall ensure that all persons
selected for criminal investigator positions within the Department of
Homeland Security possess a minimum of 3 years of field experience
within the Department or its predecessor agencies in the specialized
area of law that will be investigated.
SEC. 644. ADDITIONAL IMMIGRATION ENFORCEMENT AGENTS.
In each of fiscal years 2008 through 2012, the Secretary of
Homeland Security shall increase by not less than 500 the number of
positions for full-time active duty immigration enforcement agents
responsible for transporting and guarding detained aliens above the
number of such positions for which funds were allotted for the
preceding fiscal year.
SEC. 645. INCREASE UNITED STATES BORDER PATROL AGENT AND INSPECTOR PAY.
(a) In General.--Effective as of the first day of the first
applicable pay period beginning on or after the date of the enactment
of this Act, the rate of basic pay for all employees of the Department
of Homeland Security described in subsection (b) shall be increased in
accordance with subsection (c).
(b) Employees Described.--This section applies to any individual
who, as of the date of the enactment of this Act--
(1) is a journey level United States Border Patrol agent or
immigration, customs, or agriculture inspector within the
Department of Homeland Security, whose primary duties consist
of enforcing the immigration, customs, or agriculture laws of
the United States;
(2) has completed at least one year of service as a United
States Border Patrol agent or inspector (whether as an employee
of the Department of Homeland Security, the Department of
Justice, or both agencies combined); and
(3) is receiving an annual rate of basic pay for positions
at GS-11 of the General Schedule under section 5332 of title 5,
United States Code.
(c) Increase Described.--The basic rate of pay for the employees
described in this subsection shall increase from the annual rate of
basic pay for positions at GS-11 of the General Schedule to the annaul
rate of basic pay for positions at GS-13 of such schedule.
SEC. 646. FAIR LABOR STANDARDS ACT OVERTIME.
Notwithstanding any other provisionof law, all overtime hours
worked on and after the date of the enactment of this Act by all
employees of the Department of Homeland Security who are at or below
the second-line level of field supervision shall be compensated in
accordance with the provisions of the Fair Labor Standards Act.
Subtitle D--Enforcement Tools to Diminish Entries Using Fraudulent
Documents and Commercial Alien Smuggling
SEC. 651. FOREIGN LANGUAGE TRAINING.
The Secretary of Homeland Security shall require all officers of
the Department of Homeland Security who come into contact with aliens
who have crossed the border illegally to take Spanish and other
appropriate foreign language training courses to facilitate
communication with the aliens.
SEC. 652. FOREIGN LANGUAGE AWARDS.
(a) Special Rules.--The Secretary of Homeland Security shall apply
section 4523 of title 5, United States Code, in conformance with the
following:
(1) Any law enforcement officer within the Department of
Homeland Security whose primary duties involve--
(A) the enforcement of the immigration laws of the
United States,
(B) the detention or transportation of violators of
the immigration laws of the United States, or
(C) both,
shall, for purposes of such section 4523, be presumed to make
substantial use of a foreign language in the performance of
such officer's official duties.
(2)(A) Any individual who successfully completes a foreign
language program as part of their agency-sponsored or agency-
approved training shall be deemed to possess the foreign
language proficiency necessary to qualify for an award under
such section for so long as such individual serves as a law
enforcement officer within the Department of Homeland Security.
(B) Nothing in this paragraph shall, in the case of any
individual who does not satisfy subparagraph (A), prevent such
individual from being allowed to demonstrate foreign language
proficiency in accordance with the criteria and procedures that
would otherwise apply under such section.
(3) For purposes of applying subsection (a) of such section
4523, substitute ``equal to'' for ``up to''.
(b) Definition.--For purposes of this section, the term ``law
enforcement officer'' has the meaning given such term by section 4521
of such title 5.
SEC. 653. ADDITIONAL PERSONNEL FOR INVESTIGATION OF FRAUDULENT SCHEMES
AND DOCUMENT FRAUD.
The Secretary of Homeland Security shall hire at least 1000
additional investigators for investigating fraudulent schemes,
including benefit application schemes, and fraudulent documents used to
enter or remain in the United States unlawfully.
SEC. 654. ESTABLISH A SPECIAL TASK FORCE FOR COORDINATING AND
DISTRIBUTING INFORMATION ON FRAUDULENT IMMIGRATION
DOCUMENTS.
(a) In General.--The Secretary of Homeland Security shall establish
a Fraudulent Documents Task Force to carry out the following:
(1) Collect information from Federal, State, and local law
enforcement agencies, and foreign governments on the
production, sale, distribution and use of fraudulent documents
intended to be used to enter, travel or remain within the
United States unlawfully.
(2) Maintain the information described in subpart (1) in a
comprehensive database.
(3) Maintain a repository of genuine and fraudulent travel
and identity document exemplars.
(4) Convert the information collected into reports that
provide guidance to government officials in identifying
fraudulent documents being used to enter into, travel within or
remain in the United States.
(5) Develop a system for distributing these reports on an
ongoing basis to appropriate Federal, State, and local law
enforcement agencies.
(b) Distribution of Information.--The task force will distribute
the reports to appropriate Federal, State, and local law enforcement
agencies on an ongoing basis.
SEC. 655. NEW NONIMMIGRANT VISA CLASSIFICATION TO ENABLE INFORMANTS TO
ENTER THE UNITED STATES AND REMAIN TEMPORARILY.
(a) In General.--Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is
amended
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the comma at the end and
inserting ``; or'';
(3) by inserting after clause (ii) the following:
``(iii) who the Secretary of Homeland
Security, the Secretary of State, or the
Attorney General determines--
``(I) is in possession of critical
reliable information concerning a
commercial alien smuggling organization
or enterprise or a commercial operation
for making or trafficking in documents
to be used for entering or remaining in
the United States unlawfully;
``(II) is willing to supply or has
supplied such information to a Federal
or State court; or
``(III) whose presence in the
United States the Secretary of Homeland
Security, the Secretary of State, or
the Attorney General determines is
essential to the success of an
authorized criminal investigation, the
successful prosecution of an individual
involved in the commercial alien
smuggling organization or enterprise,
or the disruption of such organization
or enterprise or a commercial operation
for making or trafficking in documents
to be used for entering or remaining in
the United States unlawfully.'';
(4) by inserting ``, or with respect to clause (iii), the
Secretary of Homeland Security, the Secretary of State, or the
Attorney General'' after ``jointly''; and
(5) by striking ``(i) or (ii)'' and inserting ``(i), (ii),
or (iii)''.
(b) Admission of Nonimmigrants.--Section 214(k) (8 U.S.C. 1184(k))
is amended--
(1) by adding at the end of paragraph (1) the following:
``The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal
year may not exceed 400.''; and
(2) by adding at the end the following:
``(5) If the Secretary of Homeland Security, the Secretary
of State, or the Attorney General determines that a
nonimmigrant described in clause (iii) of section
101(a)(15)(S), or that of any family member of such a
nonimmigrant who is provided nonimmigrant status pursuant to
such section, must be protected, such official may take such
lawful action as the official considers necessary to effect
such protection.''.
SEC. 656. ADJUSTMENT OF STATUS WHEN NEEDED TO PROTECT INFORMANTS.
Section 245(j) (8 U.S.C. 1255(j)) is amended--
(1) in paragraph (3), by striking ``(1) or (2),'' and
inserting ``(1), (2), (3), or (4),'';
(2) by redesignating paragraph (3) as paragraph (5);
(3) by inserting after paragraph (2) the following:
``(3) if, in the opinion of the Secretary of Homeland
Security, the Secretary of State, or the Attorney General--
``(A) a nonimmigrant admitted into the United
States under section 101(a)(15)(S)(iii) has supplied
information described in subclause (I) of such section;
and
``(B) the provision of such information has
substantially contributed to the success of a
commercial alien smuggling investigation or an
investigation of the sale or production of fraudulent
documents to be used for entering or remaining in the
United States unlawfully, the disruption of such an
enterprise, or the prosecution of an individual
described in subclause (III) of that section,
the Secretary of Homeland Security may adjust the status of the
alien (and the spouse, children, married and unmarried sons and
daughters, and parents of the alien if admitted under that
section) to that of an alien lawfully admitted for permanent
residence if the alien is not described in section
212(a)(3)(E).
``(4) The Secretary of Homeland Security may adjust the
status of a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(iii) (and the spouse, children, married
and unmarried sons and daughters, and parents of the
nonimmigrant if admitted under that section) to that of an
alien lawfully admitted for permanent residence on the basis of
a recommendation of the Secretary of State or the Attorney
General.''; and
(4) by adding at the end the following:
``(6) If the Secretary of Homeland Security, the Secretary
of State, or the Attorney General determines that a person
whose status is adjusted under this subsection must be
protected, such official may take such lawful action as the
official considers necessary to effect such protection.''.
SEC. 657. REWARDS PROGRAM.
(a) Rewards Program.--Section 274 (8 U.S.C. 1324) is amended by
adding at the end the following:
``(e) Rewards Program.--
``(1) In general.--There is established in the Department
of Homeland Security a program for the payment of rewards to
carry out the purposes of this section.
``(2) Purpose.--The rewards program shall be designed to
assist in the elimination of commercial operations to produce
or sell fraudulent documents to be used for entering or
remaining in the United States unlawfully and to assist in the
investigation, prosecution, or disruption of a commercial alien
smuggling operation.
``(3) Administration.--The rewards program shall be
administered by the Secretary of Homeland Security, in
consultation, as appropriate, with the Attorney General and the
Secretary of State.
``(4) Rewards authorized.--In the sole discretion of the
Secretary of Homeland Security, such Secretary, in
consultation, as appropriate, with the Attorney General and the
Secretary of State, may pay a reward to any individual who
furnishes information or testimony leading to--
``(A) the arrest or conviction of any individual
conspiring or attempting to produce or sell fraudulent
documents to be used for entering or remaining in the
United States unlawfully or to commit an act of
commercial alien smuggling involving the transportation
of aliens;
``(B) the arrest or conviction of any individual
committing such an act;
``(C) the arrest or conviction of any individual
aiding or abetting the commission of such an act;
``(D) the prevention, frustration, or favorable
resolution of such an act, including the dismantling of
an operation to produce or sell fraudulent documents to
be used for entering or remaining in the United States,
or commercial alien smuggling operations, in whole or
in significant part; or
``(E) the identification or location of an
individual who holds a key leadership position in an
operation to produce or sell fraudulent documents to be
used for entering or remaining in the United States
unlawfully or a commercial alien smuggling operation
involving the transportation of aliens.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection. Amounts appropriated under this
paragraph shall remain available until expended.
``(6) Ineligibility.--An officer or employee of any
Federal, State, local, or foreign government who, while in
performance of his or her official duties, furnishes
information described in paragraph (4) shall not be eligible
for a reward under this subsection for such furnishing.
``(7) Protection measures.--If the Secretary of Homeland
Security, the Secretary of State, or the Attorney General
determines that an individual who furnishes information or
testimony described in paragraph (4), or any spouse, child,
parent, son, or daughter of such an individual, must be
protected, such official may take such lawful action as the
official considers necessary to effect such protection.
``(8) Limitations and certification.--
``(A) Maximum amount.--No reward under this
subsection may exceed $100,000, except as personally
authorized by the Secretary of Homeland Security.
``(B) Approval.--Any reward under this subsection
exceeding $50,000 shall be personally approved by the
Secretary of Homeland Security.
``(C) Certification for payment.--Any reward
granted under this subsection shall be certified for
payment by the Secretary of Homeland Security.''.
SEC. 658. OUTREACH PROGRAM.
Section 274 (8 U.S.C. 1324), as amended by subsection (a), is
further amended by adding at the end the following:
``(f) Outreach Program.--The Secretary of Homeland Security, in
consultation, as appropriate, with the Attorney General and the
Secretary of State, shall develop and implement an outreach program to
educate the public in the United States and abroad about--
``(1) the penalties for--
``(A) bringing in and harboring aliens in violation
of this section; and
``(B) participating in a commercial operation for
making, or trafficking in, documents to be used for
entering or remaining in the United States unlawfully;
and
``(2) the financial rewards and other incentives available
for assisting in the investigation, disruption, or prosecution
of a commercial smuggling operation or a commercial operation
for making, or trafficking in, documents to be used for
entering or remaining in the United States unlawfully.''.
TITLE VII--EMPLOYMENT-BASED IMMIGRATION
SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Section 274B (8 U.S.C. 1324b) is amended--
(1) in subsection (a)(5)--
(A) by amending the paragraph heading to read
``Prohibition of Intimidation, Retaliation, or Unlawful
Discrimination in Employment'';
(B) by moving the text down and to the right 2 ems;
(C) by inserting before such text the following:
``(A) in general.--''; and
(D) by adding at the end the following:
``(B) Federal labor or employment laws.--It is an
unfair employment practice for any employer to directly
or indirectly threaten any individual with removal or
any other adverse consequences pertaining to that
individual's immigration status or employment benefits
for the purpose of intimidating, pressuring, or
coercing any such individual not to exercise any right
protected by State or Federal labor or employment law
(including section 7 of the National Labor Relations
Act (29 U.S.C. 157)), or for the purpose of retaliating
against any such individual for having exercised or
having stated an intention to exercise any such right.
``(C) Discrimination based on immigration status.--
It is an unfair employment practice for any employer,
except to the extent specifically authorized or
required by law, to discriminate in any term or
condition of employment against any individual employed
by such employer on the basis of such individual's
immigration status.''; and
(2) in subsection (c)(2), by adding at the end the
following: ``The Special Counsel shall not disclose to the
Secretary of Homeland Security or any other government agency
or employee, and shall not cause to be published in a manner
that discloses to the Secretary of Homeland Security or any
other government agency or employee, any information obtained
by the Special Counsel in any manner concerning the immigration
status of any individual who has filed a charge under this
section, or the identity of any individual or entity that is a
party or witness to a proceedings brought pursuant to such
charge. The Secretary of Homeland Security may not rely, in
whole or in part, in any enforcement action or removal
proceeding, upon any information obtained as a result of the
filing or prosecution of an unfair immigration-related
employment practice charge. For purposes of this paragraph, the
term `Special Counsel' includes individuals formerly appointed
to the position of Special Counsel and any current or former
employee of the office of the Special Counsel. Whoever
knowingly uses, publishes, or permits information to be used in
violation of this paragraph shall be fined not more than
$10,000.''.
SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
The Secretary of Labor, in consultation with the Attorney General
and the Secretary of Homeland Security, shall conduct a national study
of American workplaces to determine the causes, extent, circumstances,
and consequences, of exploitation of undocumented alien workers by
their employers. As part of this study, the Secretary of Labor shall
create a plan for targeted review of Federal labor law enforcement in
industries with a substantial immigrant workforce, for the purpose of
identifying, monitoring, and deterring frequent or egregious violators
of wage and hour, antidiscrimination, National Labor Relations Act, and
workplace safety and health requirements. Not later than 18 months
after the date of the enactment of this Act, the Secretary of Labor
shall submit to the Congress a report describing the results of the
study and the Secretary's recommendations based on the study.
SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
Section 214 is amended--
(1) by redesignating subsections (m) (as added by section
105 of Public Law 106-313), (n) (as added by section 107(e) of
Public Law 106-386), (o) (as added by section 1513(c) of Public
Law 106-386), (o) (as added by section 1102(b) of the Legal
Immigration Family Equity Act), and (p) (as added by section
1503(b) of the Legal Immigration Family Equity Act) as
subsections (n), (o), (p), (q), and (r), respectively; and
(2) by adding at the end the following:
``(s)(1) No petition to accord employment status under the
nonimmigrant classifications described in sections 101(a)(15)(E)(iii)
and (H) shall be granted in the absence of an affidavit from the
petitioner describing the efforts that were made to recruit an alien
lawfully admitted for permanent residence or a citizen of the United
States before resorting to a petition to obtain a foreign employee. The
recruitment efforts must have included substantial attempts to find
employees in minority communities. Recruitment efforts in minority
communities should include at least one of the following, if
appropriate for the employment being advertised:
``(A) Advertise the availability of the job opportunity for
which the employer is seeking a worker in local newspapers in
the labor market that is likely to be patronized by a potential
worker for at least 5 consecutive days.
``(B) Undertake efforts to advertise the availability of
the job opportunity for which the employer is seeking a worker
through advertisements in public transportation systems.
``(C) To the extent permitted by local laws and
regulations, engage in recruitment activities in secondary
schools, recreation centers, community centers, and other
places throughout the communities within 50 miles of the job
site that serve minorities.
``(2)(A) The Secretary of Homeland Security shall impose a 10
percent surcharge on all fees collected for petitions to accord
employment status and shall use these funds to establish an employment
training program which will include unemployed workers in the United
States who need to be trained or retrained. The purpose of this program
shall be to increase the number of lawful permanent residents and
citizens of the United States who are available for employment in the
occupations that are the subjects of such petitions. At least 50
percent of the funds generated by this provision must be used to train
American workers in rural and inner-city areas.
``(B) The Secretary of Homeland Security shall reserve and make
available to the Secretary of Labor a portion of the funds collected
under this paragraph. Such funds shall be used by the Secretary of
Labor to establish an `Office to Preserve American Jobs' within the
Department of Labor. The purpose of this office shall be to establish
policies intended to ensure that employers in the United States will
hire available workers in the United States before resorting to foreign
labor, giving substantial emphasis to hiring minority workers in the
United States.''.
TITLE VIII--FAIRNESS IN REMOVAL PROCEEDINGS
SEC. 801. RIGHT TO COUNSEL.
Section 292 (8 U.S.C. 1362) is amended by striking the matter after
the section designation and inserting the following: ``In any bond,
custody, detention, or removal proceedings before the Attorney General
and in any appeal proceedings before the Attorney General from any such
proceedings, the person concerned shall have the privilege of being
represented (at no expense to the government) by such counsel,
authorized to practice in such proceedings, as he shall choose. With
consent of their clients, counsel may enter appearances limited to
bond, custody, or other specific proceedings.''.
SEC. 802. PRESUMPTION IN FAVOR OF WITHDRAWAL OF APPLICATION FOR
ADMISSION.
Section 235(a)(4) (8 U.S.C. 1225(a)(4)) is amended to read as
follows:
``(4) Withdrawal of application for admission.--
``(A) Presumption in favor of withdrawal.--The
Attorney General shall permit an alien applying for
admission to withdraw the application and depart
immediately from the United States at any time, unless
an immigration judge has rendered a decision with
respect to the admissibility of the alien, except that
the Attorney General may deny permission for the
withdrawal when warranted by unusual circumstances.
``(B) Permissive withdrawal.--Except as provided in
subparagraph (A), an alien applying for admission may,
in the discretion of the Attorney General and at any
time after a decision described in such subparagraph
has been rendered, be permitted to withdraw the
application and depart immediately from the United
States.''.
SEC. 803. ABSENCES OUTSIDE THE CONTROL OF THE ALIEN.
Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13(C)) is amended by
amending clause (ii) to read as follows:
``(ii) has been absent from the United
States for a continuous period in excess of one
year unless the alien's return was impeded by
emergency or extenuating circumstances outside
the control of the alien,''.
SEC. 804. REINSTATEMENT OF REMOVAL ORDERS AGAINST ALIENS ILLEGALLY
REENTERING.
Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended--
(1) by inserting ``, after a hearing by an immigration
judge,'' after ``If'';
(2) by inserting ``, on or after September 30, 1996,''
after ``alien has'';
(3) by striking ``is reinstated'' and inserting ``may be
deemed to be reinstated'';
(4) by striking ``and is not subject'' and all that follows
through ``under this Act''; and
(5) by striking the period at the end and inserting the
following: ``subject to reopening and review of the previous
order. Nothing in this section shall preclude an alien from
applying for any relief from removal under this Act.''.
SEC. 805. PERMANENT APPLICATION OF SECTION 245(I).
Section 245(i) (8 U.S.C. 1255(i)) is amended--
(1) by inserting ``and'' at the end of paragraph (1)(A);
(2) by amending paragraph (1)(B) to read as follows:
``(B) who is the beneficiary (including a spouse or
child of the principal alien) of--
``(i) a petition for classification under
section 204; or
``(ii) an application for a labor
certification under section 212(a)(5)(A);'';
(3) by striking paragraph (1)(C); and
(4) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''.
SEC. 806. DISCRETIONARY WAIVER OF INADMISSIBILITY BASED ON UNLAWFUL
PRESENCE, FAILURE TO ATTEND REMOVAL PROCEEDINGS, AND
MISREPRESENTATIONS.
(a) In General.--Section 212(i) (8 U.S.C. 1182(i)) is amended to
read as follows:
``(i) The Secretary of Homeland Security may waive the application
of subparagraph (A)(i) or (B), or clause (i) or (ii) of subparagraph
(C), of subsection (a)(6) in the case of an immigrant who is the
parent, spouse, child, son, or daughter of a United States citizen or
of an alien lawfully admitted to the United States for permanent
residence, if it is established to the satisfaction of the Secretary
that the refusal of admission to the United States of such immigrant
would result in hardship to the immigrant or to such citizen or lawful
permanent resident parent, spouse, child, son, or daughter.''.
(b) Conforming Amendments.--Section 212(a)(6) (8 U.S.C. 1182(a)(6))
is amended--
(1) in subparagraph (A), by adding at the end the
following:
``(iii) Waiver authorized.--For a provision
authorizing the waiver of clause (i), see
subsection (i).'';
(2) in subparagraph (B)--
(A) by inserting ``(i)'' after the subparagraph
heading; and
(B) by adding at the end the following:
``(ii) Waiver authorized.--For a provision
authorizing the waiver of clause (i), see
subsection (i).''; and
(3) in subparagraph (C)(iii), by inserting ``or (ii)''
after ``(i)''.
SEC. 807. WAIVER OF INADMISSIBILITY FOR MINOR CRIMINAL OFFENSES.
Section 212(h) (8 U.S.C. 1182(h)) is amended--
(1) in the matter preceding paragraph (1), by striking
``offense of simple possession of 30 grams or less of
marijuana'' and inserting ``controlled substance offense for
which the alien was not incarcerated for a period exceeding 1
year''; and
(2) by striking the final two sentences.
SEC. 808. GENERAL WAIVER FOR ALIENS PREVIOUSLY REMOVED AND FOR THE
UNLAWFUL PRESENCE BARS.
(a) In General.--Section 212(d) (8 U.S.C. 1182(d)) is amended by
adding at the end the following:
``(14) The Secretary of Homeland Security may, in the discretion of
the Secretary, for humanitarian purposes, to assure family unity, or
when it is otherwise in the public interest, waive the application of
subparagraph (A) or (B)(i) of subsection (a)(9).''.
(b) Conforming Amendment.--Section 212(a)(9)(B) of such Act (8
U.S.C. 1182(a)(9)(B)) is amended by striking clause (v).
SEC. 809. WAIVER OF AGGRAVATED FELONY CONSEQUENCES.
Section 101 (8 U.S.C. 1101) is amended by adding at the end the
following:
``(j) For purposes of this Act, and notwithstanding subsection
(a)(43), the Secretary of Homeland Security may treat any conviction
that did not result in incarceration for more than 1 year as if such
conviction were not a conviction for an aggravated felony. This
discretion may be exercised for humanitarian purposes, to assure family
unity, or when it is otherwise in the public interest.''.
SEC. 810. DISCRETIONARY WAIVER TO ADMIT PERSONS IN UNUSUAL
CIRCUMSTANCES.
(a) New General Waiver.--Section 212(d) (8 U.S.C. 1182(d)) is
amended by adding at the end the following:
``(13) The Secretary of Homeland Security may, in the
discretion of such Secretary for humanitarian purposes, to
assure family unity, or when it is otherwise in the public
interest, waive the application of subparagraph (B) or (G) of
subsection (a)(6), clause (i) or (ii) of subsection (a)(9)(A),
or subsection (a)(9)(B)(i), in unusual circumstances. For
purposes of the preceding sentence, an instance of battering or
extreme cruelty is deemed to constitute unusual circumstances
in the case where it is inflicted on an alien (or a child of an
alien) by the alien's United States citizen or lawful permanent
resident spouse, parent, child, son, or daughter.''.
(b) Waiver for Aliens Previously Removed.--
(1) Certain aliens previously removed.--Section
212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amended by adding at
the end the following:
``(iv) Waiver authorized.--For provision
authorizing waiver of clause (i) or (ii), see
subsection (d)(13).''.
(2) Aliens unlawfully present.--Section 212(a)(9)(B)(v) (8
U.S.C. 1182(A)(9)(B)(v)) is amended to read as follows:
``(v) Waiver authorized.--For provision
authorizing waiver of clause (i), see
subsection (d)(13).''.
SEC. 811. RESTORATION OF SUSPENSION OF DEPORTATION.
(a) Cancellation of Removal.--Section 240A(a)(3) (8 U.S.C.
1229b(a)(3)) is amended to read as follows:
``(3) has not been convicted of an aggravated felony for
which the sentence imposed is five years or more.''.
(b) Repeal of Rule for Termination of Continuous Period.--
(1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) (8 U.S.C.
1229b(a)) is repealed.
(2) Section 240A(d) (8 U.S.C. 1229b) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(B) by inserting before the period at the end of
paragraph (1) (as redesignated) the following: ``,
unless the alien's departure from the United States was
due to a temporary trip abroad required by emergency or
extenuating circumstances outside the control of the
alien''.
(c) Cancellation of Removal and Adjustment for Certain Nonpermanent
Residents.--Section 240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to
read as follows:
``(1) In general.--The Attorney General may cancel removal
in the case of an alien who is inadmissible or deportable from
the United States if the alien--
``(A) has been physically present in the United
States for a continuous period of--
``(i) 7 years immediately preceding the
date of application in the case of an alien--
``(I) who is deportable on any
ground other than a ground specified in
clause (ii)(I); and
``(II) whose deportation would, in
the opinion of the Attorney General,
result in extreme hardship to the alien
or the alien's spouse, child, parent,
son, or daughter, who is a citizen of
the United States or an alien lawfully
admitted for permanent residence; or
``(ii) 10 years immediately preceding the
date of application in the case of an alien--
``(I) who is deportable for
conviction of an offense under section
212(a)(2), 237(a)(2), or 237(a)(3); and
``(II) whose deportation would, in
the opinion of the Attorney General,
result in exceptional and extremely
unusual hardship to the alien or the
alien's spouse, parent, child, son, or
daughter, who is a citizen of the
United States or an alien lawfully
admitted for permanent residence; and
``(B) has been a person of good moral character
during such period.''.
(d) Elimination of Annual Limitation.--Section 240A (8 U.S.C.
1229b) is amended by striking subsection (e).
TITLE IX--REMOVAL GROUNDS BASED ON CRIMINAL OFFENSES
SEC. 901. DEFINITION OF MORAL TURPITUDE.
(a) Equitable Definition of ``Moral Turpitude''.--
(1) Conviction of certain crimes.--Section 212(a)(2)(A)(i)
(8 U.S.C. 1182(a)(2)(A)(i)) is amended by striking ``of, or who
admits having committed, or who admits committing acts which
constitute the essential elements of--'' and inserting ``of--
''.
(2) Exception.--Section 212(a)(2)(A)(ii)(II) (8 U.S.C.
1182(a)(2)(A)(ii)(II)) is amended--
(A) by striking ``the maximum'' and all that
follows through ``such crime,''; and
(B) by striking ``6 months'' and inserting ``1
year''.
(b) Equitable Definition of ``Crimes of Moral Turpitude''.--Section
237(a)(2)(A)(i)(II) (8 U.S.C. 1227(a)(2)(A)(i)(II)) is amended to read
as follows:
``(II) for which the alien has been
incarcerated for a period exceeding one
year,''.
SEC. 902. ``AGGRAVATED FELONY'' DEFINITIONS.
(a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is
amended by striking ``The term `aggravated felony' means'' and
inserting ``Aggravated felony means a felony''.
(b) Illicit Trafficking.--Section 101(a)(43)(B) (8 U.S.C.
1101(a)(43)(B)) is amended by striking ``Code);'' and inserting
``Code), except it does not include simple possession of a controlled
substance;''.
(c) Crimes of Violence and Theft Offenses.--Subparagraphs (F), (G),
(R), and (S) of section 101(a)(43) (8 U.S.C. 1101(a)(43)(F), (G), (R),
and (S)) are each amended by striking ``imprisonment'' and all that
follows through the semicolon and inserting ``imprisonment of more than
five years;''.
(d) Corrupt Organizations and Gambling Offenses.--Section
101(a)(43)(J) is amended by inserting ``more than five years'' after
the words ``sentence of''.
(e) Alien Smuggling.--Section 101(a)(43)(N) (8 U.S.C.
101(a)(43)(N)) is amended--
(1) by inserting ``committed for the purpose of commercial
advantage,'' after ``smuggling),''; and
(2) by adding at the end a semicolon.
(f) Discretionary Waiver in Cases of Other Minor Felonies.--Section
101 (8 U.S.C. 1101) is amended by adding at the end the following:
SEC. 903. DEFINITIONS OF ``CONVICTION'' AND ``TERM OF IMPRISONMENT''.
Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amended--
(1) in subparagraph (A), by striking ``court'' and all that
follows through the period at the end and inserting ``court. An
adjudication or judgment of guilt that has been expunged,
deferred, annulled, invalidated, withheld, or vacated, an order
of probation without entry of judgment, or any similar
disposition shall not be considered a conviction for purposes
of this Act.''; and
(2) in subparagraph (B)--
(A) by inserting ``only'' after ``deemed to
include''; and
(B) by striking ``court of law'' and all that
follows through the period at the end and inserting
``court of law. Any such reference shall not be deemed
to include any suspension of the imposition or
execution of that imprisonment or sentence in whole or
in part.''.
``(i) For purposes of this Act, and notwithstanding subsection
(a)(43), the Attorney General may treat any conviction that did not
result in incarceration for more than 1 year as if such conviction were
not a conviction for an aggravated felony.''.
SEC. 904. ELIMINATING RETROACTIVE CHANGES IN REMOVAL GROUNDS.
(a) Application of Aggravated Felony Definition.--The last sentence
of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended to read as
follows: ``The term shall not apply to any offense that was not covered
by the term on the date on which the offense occurred.''.
(b) Grounds of Deportability.--Section 237 (8 U.S.C. 1227) is
amended by adding at the end the following new subsection:
``(d) Notwithstanding any other provision of this section, an alien
is not deportable by reason of committing any offense that was not a
ground of deportability on the date the offense occurred.''.
(c) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is
amended by adding at the end the following new subsection:
``(p) Notwithstanding any other provision of this section, an alien
is not inadmissible by reason of committing any offense that was not a
ground of inadmissibility on the date the offense occurred.''.
SEC. 905. ELIMINATING UNFAIR RETROACTIVE CHANGES IN REMOVAL RULES FOR
PERSONS PREVIOUSLY REMOVED.
(a) In General.--The Attorney General shall establish a process by
which an alien described in subsection (b) may apply for reopening a
proceeding so as to seek relief from exclusion, deportation, or removal
under section 212(c) of the Immigration and Nationality Act, as such
section was in effect prior to the enactment of the Antiterrorism and
Effective Death Penalty Act of 1996, or section 240A of the Immigration
and Nationality Act, as amended by this Act.
(b) Alien Described.--An alien referred to in subsection (a) is an
alien who received a final order of exclusion, deportation, or removal,
or a decision on a petition for review or petition for habeas corpus,
on or after September 30, 1996, and who was--
(1) excluded, deported, or removed from the United States
by reason of having committed a criminal offense that was not a
basis for removal, exclusion, or deportation on the date on
which the offense was committed;
(2) excluded, deported, or removed from the United States
by reason of having committed a criminal offense that is not a
basis for removal, exclusion, or deportation on the date of
enactment of this Act; or
(3) excluded, deported, or removed from the United States
by reason of having committed a criminal offense prior to April
24, 1996, for which there was relief from exclusion,
deportation, or removal available prior to such date.
(c) Parole.--The Attorney General may in her discretion exercise
the parole authority under section 212(d)(5)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting
aliens excluded, deported, or removed from the United States to
participate in the process established under subsection (a), if the
alien establishes prima facie eligibility for the relief.
TITLE X--DIVERSITY VISAS
SEC. 1001. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY IMMIGRANTS.
Section 201(e) (8 U.S.C. 1151(e)) is amended by striking ``55,000''
and inserting ``110,000''.
TITLE XI--HAITIAN PARITY
SEC. 1101. ADJUSTMENT OF STATUS FOR HAITIANS.
(a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.), as
amended by section 202, is further amended by inserting after section
245C the following:
``adjustment of status of certain haitian nationals
``Sec. 245D. Notwithstanding the provisions of section 245(c), the
status of any alien who is a national or citizen of Haiti, and who has
been physically present in the United States for at least one year, may
be adjusted by the Secretary of Homeland Security, in the Secretary's
discretion and under such regulations as the Secretary may prescribe,
to that of an alien lawfully admitted for permanent residence, if the
alien makes an application for such adjustment and the alien is
eligible to receive an immigrant visa and is admissible to the United
States for permanent residence. Upon approval of such an application
for adjustment of status, the Secretary shall create a record of the
alien's admission for permanent residence as of a date 30 months prior
to the filing of such an application or the date of the alien's last
arrival into the United States, whichever date is later. The provisions
of this Act shall be applicable to the spouse and child of any alien
described in this section, regardless of their citizenship and place of
birth, if the spouse or child is residing with such alien in the United
States.''.
(b) Clerical Amendment.--The table of contents as amended by
section 202, is further amended by inserting after the item relating to
section 245C the following:
``Sec. 245D. Adjustment of status of certain Haitian nationals.''.
(c) Sunset.--The amendments made by this section shall cease to be
effective on the date that is 3 years after the date of the enactment
of this Act.
SEC. 1102. LIMITATION OF ATTORNEY GENERAL'S BOND DISCRETION.
Section 236 (8 U.S.C. 1226) is amended by adding at the end the
following:
``(f) Exercise of Authority for Arrest, Detention, and Release.--
The Secretary of Homeland Security shall exercise the discretion
afforded under subsection (a) on a case-by-case basis. If bond is to be
denied on the ground that the alien's release would give rise to
adverse consequences for national security or national immigration
policy, the finding of such adverse consequences shall be based on
circumstances pertaining to the individual alien whose release is being
considered.''.
SEC. 1103. ELIMINATION OF MANDATORY DETENTION IN EXPEDITED REMOVAL
PROCEEDINGS.
Section 235(b)(1)(B)(iii)(IV) (8 U.S.C. 1225(b)(1)(B)(iii)(IV)) is
amended to read as follows:
``(IV) Detention.--Aliens subject
to the procedures under this clause
shall be detained in accordance with
section 236.''.
SEC. 1104. AMENDMENTS TO HAITIAN AND IMMIGRANT FAIRNESS ACT OF 1998.
(a) Ground for Inadmissibility for Document Fraud Does Not Apply.--
The Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255
note) is amended in subsections (a)(1)(B) and (d)(1)(D) of section 902
by inserting ``(6)(C)(i),'' after ``(6)(A),''.
(b) Determinations With Respect to Children.--Section 902(d) of
such Act is amended by adding at the end the following:
``(3) Determinations with respect to children.--
``(A) Use of application filing date.--
Determinations made under this subsection as to whether
an individual is a child of a parent shall be made
using the age and status of the individual on the date
of the enactment of this section.
``(B) Application submission by parent.--
Notwithstanding paragraph (1)(C), an application under
this subsection filed based on status as a child may be
filed for the benefit of such child by a parent or
guardian of the child, if the child is physically
present in the United States on such filing date.''.
SEC. 1105. NEW APPLICATIONS AND MOTIONS TO REOPEN.
(a) New Applications.--Notwithstanding section 902(a)(1)(A) of the
Haitian and Immigrant Fairness Act of 1998, an alien who is eligible
for adjustment of status under such Act, as amended by section 804 of
this Act, may submit an application for adjustment of status under such
Act not later than the later of--
(1) 2 years after the date of the enactment of this Act;
and
(2) 1 year after the date on which final regulations
implementing section 804 are promulgated.
(b) Motions To Reopen.--The Secretary of Homeland Security shall
establish procedures for the reopening and reconsideration of
applications for adjustment of status under the Haitian Refugee
Immigration Fairness Act of 1998 that are affected by the amendments
under section 804 of this Act.
(c) Relationship of Application to Certain Orders.--Section
902(a)(3) of the Haitian and Immigrant Fairness Act of 1998 shall apply
to an alien present in the United States who has been ordered excluded,
deported, removed, or ordered to depart voluntarily, and who files an
application under subsection (a), or a motion under subsection (b), in
the same manner as such section 902(a)(3) applied to aliens filing
applications for adjustment of status under such Act before April 1,
2000.
SEC. 1106. TEMPORARY PROTECTED STATUS FOR HAITIANS.
It is the sense of the Congress that the Secretary of Homeland
Security should be more liberal with respect to Haiti in deciding
whether to designate that country for temporary protected status under
section 244(b)(1)(A) of the Immigration and Nationality (8 U.S.C.
1254(b)(1)(A)). It is the sense of the Congress that this decision has
sometimes been made without due regard to the serious threat to
personal safety that results from sending Haitians back to Haiti during
a period of ongoing armed conflict in that country.
TITLE XII--FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS
SEC. 1201. REFUGEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF REFUGEES.
Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended by adding at the
end the following:
``(C) When warranted by unusual circumstances or to
preserve family unity, the Attorney General may, in the
Attorney General's discretion, consider an unmarried
son or daughter of a refugee to be a child of the
refugee for purposes of this paragraph.''.
SEC. 1202. ASYLEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF ASYLEES.
Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended by adding at the
end the following:
``(C) When warranted by unusual circumstances or to
preserve family unity, the Attorney General may, in the
Attorney General's discretion, consider an unmarried
son or daughter of an alien who is granted asylum under
this subsection to be a child of the alien for purposes
of this paragraph.''.
SEC. 1203. ELIMINATION OF ARBITRARY TIME LIMITS ON ASYLUM APPLICATIONS.
Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--
(1) by striking subparagraph (B);
(2) in subparagraph (C), by striking ``(D),'' and inserting
``(C),'';
(3) in subparagraph (D)--
(A) by striking ``subparagraphs (B) and (C),'' and
inserting ``subparagraph (B),'';
(B) by striking ``either''; and
(C) by striking ``asylum or extraordinary'' and all
that follows through the period at the end and
inserting ``asylum.''; and
(4) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
SEC. 1204. GENDER-BASED PERSECUTION.
(a) Treatment as Refugee.--Section 101(a)(42) (8 U.S.C.
1101(a)(42)) is amended by adding at the end the following:
``(C) For purposes of determinations under this
Act, a person who establishes that he or she suffered
persecution in the past, or has a well-founded fear of
persecution, on account of gender shall be considered
to have suffered persecution, or to have a well-founded
fear of persecution, on account of membership in a
particular social group.''.
(b) Restriction on Removal to Country Where Alien Would Be
Threatened.--Section 241(b)(3) of such Act (8 U.S.C. 1231(b)(3)) is
amended by adding at the end the following:
``(C) Gender-based persecution.--For purposes of
determinations under this paragraph, an alien who
establishes that the alien's life or freedom would be
threatened in a country on account of gender shall be
considered to have established that the alien's life or
freedom would be threatened in that country on account
of membership in a particular social group.''.
TITLE XIII--TEMPORARY PROTECTED STATUS
SEC. 1301. ADJUSTMENT OF STATUS FOR CERTAIN RECIPIENTS OF TEMPORARY
PROTECTED STATUS.
(a) In General.--Section 245 (8 U.S.C. 1255) is amended by adding
at the end the following:
``(n)(1) If, in the opinion of the Secretary of the Homeland
Security Department, a person granted temporary protected status under
section 244--
``(A) has been physically present in the United States in
that status for a continuous period of at least 5 years;
``(B) has at all times been a person of good moral
character;
``(C) has never been convicted of a criminal offense in the
United States;
``(D) in the case of an alien who is 18 years of age or
older, but who is not over the age of 65, has successfully
completed a course on reading, writing, and speaking words in
ordinary usage in the English language, unless unable to do so
on account of physical or developmental disability or mental
impairment;
``(E) in the case of an alien 18 years of age or older, has
accepted the values and cultural life of the United States; and
``(F) in the case of an alien 18 years of age or older, has
performed at least 40 hours of community service;
the Secretary may adjust the status of the alien to that of an alien
lawfully admitted for permanent residence.
``(2) An alien shall not be considered to have failed to maintain a
continuous presence in the United States for purposes of subsection
(a)(1) by virtue of brief, casual, and innocent absences from the
United States.
``(3)(A) The alien shall establish that the alien is admissible to
the United States as immigrant, except as otherwise provided in
paragraph (2).
``(B) The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C),
(6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a)
shall not apply in the determination of an alien's admissibility under
this section.
``(4) When an alien is granted lawful permanent resident status
under this subsection, the number of immigrant visas authorized to be
issued under any provision of this Act shall not be reduced. The
numerical limitations of sections 201 and 202 shall not apply to
adjustment of status under this section.
``(5) The Secretary of Homeland Security may terminate removal
proceedings without prejudice pending the outcome of an alien's
application for adjustment of status under this section on the basis of
a prima facie showing of eligibility for relief under this section.''.
(b) Limitation on Consideration in the Senate of Legislation
Adjusting Status.--Section 244 (8 U.S.C. 1254a) is amended by striking
subsection (h) and redesignating subsection (i) as subsection (h).
SEC. 1302. FOREIGN STATE DESIGNATIONS.
Section 244(b)(1)(C) (8 U.S.C. 1254a(b)(1)(C)) is amended to change
the following phrase ``the Attorney General finds that there exist
extraordinary and temporary conditions in the foreign state that
prevent aliens who are nationals of the state from returning to the
state in safety,'' so that it reads as follows: ``the Secretary of
Homeland Security finds that extraordinary and temporary conditions in
the foreign state make returning aliens to the state undesirable for
humanitarian reasons,''.
TITLE XIV--MISCELLANEOUS PROVISIONS
SEC. 1401. NATURALIZATION PROVISIONS.
(a) Physical Presence Requirement.--Section 316(a) (8 U.S.C. 1427)
is amended by adding at the end the following:
``(g) When warranted by extraordinary circumstances, the Secretary
of Homeland Security may reduce, by not more than 90 days, the physical
presence requirement described in the preceding sentence.''.
(b) Absences From the United States.--Section 316(b) (8 U.S.C.
1427(b)) is amended--
(1) in the first sentence, by striking ``one year'' and
inserting ``18 months''; and
(2) in the second sentence, by striking ``continuous period
of one year'' and inserting ``continuous period of 18 months''.
SEC. 1402. PREVENTING INAPPROPRIATE STATE AND LOCAL GOVERNMENT
INVOLVEMENT IN THE ENFORCEMENT OF CIVIL IMMIGRATION
PROVISIONS UNDER THE IMMIGRATION AND NATIONALITY ACT.
(a) Elimination of Ban on State and Local Governments From
Preventing Communications With the Department of Homeland Security.--
(1) In general.--Section 642 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373)
is repealed.
(2) Verification of eligibility for federal public
benefits.--Section 432 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642) is
repealed.
(b) Elimination of Authority To Permit State Personnel To Carry Out
Immigration Officer Functions.--Section 287(g) (8 U.S.C. 1357(g)) is
repealed.
SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
(a) Elimination of H-1B Classification for Fashion Models.--Section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)) is amended--
(1) by striking ``or as a fashion model''; and
(2) by striking ``or, in the case of a fashion model, is of
distinguished merit and ability''.
(b) New Classification.--Section 101(a)(15)(O) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(O)) is amended--
(1) in clause (iii), by striking ``clause (i) or (ii)'' and
inserting ``clause (i), (ii), or (iii)'' and by redesignating
clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following new
clause:
``(iii) is a fashion model who is of distinguished
merit and ability and who is seeking to enter the
United States temporarily to perform fashion modeling
services that involve events or productions which have
a distinguished reputation or that are performed for an
organization or establishment that has a distinguished
reputation for, or a record of, utilizing prominent
modeling talent; or''.
(c) Effective Date and Implementation.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Regulations, guidelines, and precedents.--The
regulations, guidelines, and precedents in effect on the date
of the enactment of this Act for the adjudication of petitions
for fashion models under section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b))
shall be applied to petitions for fashion model under section
101(a)(15)(O)(iii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(O)(iii)), as added by this section, except
that the duration of status approvals shall be based on
regulations applicable to other occupations under section
101(a)(15)(O) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(O)).
(3) Construction.--Nothing in this section, or the
amendments made by this section, shall be construed as
preventing an alien who is a fashion model from obtaining
nonimmigrant status under section 101(a)(15)(O)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)(i)) if
such alien is otherwise qualified for such status.
(4) Treatment of pending petitions.--Petitions filed on
behalf of fashion models under section 101(a)(15)(H)(i)(b) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)) that are pending on the date of the
enactment of this Act shall be treated as if they had been
filed under section 101(a)(15)(O)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(O)(iii)), as added by
this section.
(5) Visa validity period.--The validity period for visas
issued to beneficiaries of petitions filed under section
101(a)(15)(O)(iii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(O)(iii)) shall be for the full period of
approval notwithstanding the reciprocity validity periods that
would otherwise be applicable.
<all>