,i #aacth ,,congress #ast ,session ,h4 ,r4 #aebe ,,in ,,the ,,house ,,of ,,representatives ,april #ab1 #bjac ,ms4 ,jackson ,lee introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,homeland ,security and ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 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 law1 and for other purposes4 #a4 ,short title2 references to ,act 7a7 ,short title ,this ,act may be cited as the ,save ,america ,comprehensive ,immigration ,act of #bjac4 7b7 ,references to the ,immigration and ,nationality ,act ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,immigration and ,nationality ,act4 ,i ,facilitating ,family-,based ,immigration #aja4 ,increasing the allocation of family-based immigrant visas ,section #bja7;c7 7#h ,u4,s4,c4 #aae7;c77 is amended to read as follows3 7c7 ,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 #ifj1jjj4 4 #ajb4 ,protection against processing delays 7a7 ,age-,out protection for children 7#a7 ,in general ,chapter #a of title ,,iv 7#h ,u4,s4,c4 #aaja note7 is amended by adding at the end the following3 #djh4 ,age-out protection for children 7a7 ,in general ,in the case of an application initially to grant a benefit under this ,act 7other than an application for naturalization7 that otherwise would be granted only after a determination that the beneficiary of the application is a child 7such as classification as an immediate relative under section #bja7;b77#b77;,a77i771 if the application is neither approved nor denied 7on procedural or substantive grounds7 during the #ij-;day period beginning on the date of the filing of the application1 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 #ij-;day period1 and the beneficiary shall not otherwise be prejudiced with respect to such determination by such delay1 and shall be considered to be a child under this ,act for all purposes related to such application4 7b7 ,termination of benefit ,subsection 7a7 shall remain in effect until the termination of the #a-year period beginning on the date on which the application described in such paragraph is approved4 4 7#b7 ,clerical amendment ,the table of contents is amended by inserting after the item relating to section #djg the following3 ,sec4 #djh4 ,age-out protection for children4 4 7b7 ,timeliness of adoption for immigration purposes 7#a7 ,in general ,section #aja7;b77#a77;,e77i7 7#h ,u4,s4,c4 #aaja7;b77#a77;,e77i77 is amended by striking a child adopted while under the age of sixteen years and inserting a child1 under the age of #af when adoption proceedings were initiated14 7#b7 ,special rule for siblings ,section #aja7;b77#a77;,e77ii77,,iii7 7#h ,u4,s4,c4 #aaja7;b77#a77;,e77ii77,,iii77 is amended by striking adopted while under the age of #ah years and inserting under the age of #ah when adoption proceedings were initiated4 #ajc4 ,temporary status pending receipt of permanent resident status 7a7 ,classes of nonimmigrant aliens ,section #aja7;a77#ae77,k7 7#h ,u4,s4,c4 #aaja7;a77#ae77,k77 is amended-- 7#a7 by striking or at the end of clause 7ii72 7#b7 by adding or at the end of clause 7iii72 and 7#c7 by adding at the end the following3 7iv7 7,i7 has concluded a valid marriage with an alien lawfully admitted for permanent residence1 is the parent of a citizen of the ,united ,states1 or is the child1 son1 or daughter of an alien lawfully admitted for permanent residence or a citizen of the ,united ,states2 7,,ii7 is the beneficiary of an approved petition to accord immigrant status on the basis of such family relationship that was filed under section #bjd by such family member2 7,,iii7 has available to the alien an immigrant visa number2 7,,iv7 has waited more than #f months for the issuance of an immigrant visa based upon an application made by the alien2 and 7,v7 seeks to enter the ,united ,states to await such issuance2 4 7b7 ,admission of nonimmigrants ,section #bad7;d7 7#h ,u4,s4,c4 #aahd7;d77 is amended-- 7#a7 by striking 7d7 and inserting 7d77#a72 and 7#b7 by adding at the end the following3 ,a visa shall not be issued under the provisions of section #aja7;a77#ae77,k77iv7 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 ,security4 ,the petition shall be in such form and contain such information as the ,secretary shall1 by regulation1 prescribe4 4 #ajd4 ,elimination of affidavit of support requirement 7a7 ,grounds for ineligibility for admission ,section #bab7;a77#d7 7#h ,u4,s4,c4 #aahb7;a77#d77 is amended-- 7#a7 by amending subparagraph 7,b77ii7 to read as follows3 7ii7 ,if an alien submits an affidavit of support described in section #bac;,a1 in addition to the factors under clause 7i71 the consular officer or the ,secretary of ,homeland ,security shall also consider such affidavit in determining whether the alien is inadmissible under this paragraph4 2 and 7#b7 by striking subparagraphs 7,c7 and 7,d74 7b7 ,requirements for sponsor's affidavit of support ,subsections 7a77#a77;,a71 7f77#a77;,e71 and 7f77#d77;,b77i7 of section #bac;,a 7#h ,u4,s4,c4 #aahc;a7a77#a77;,a71 7f77#a77;,e71 and 7f77#d77;,b77i77 are amended by striking #abe and inserting #ajj4 ,,ii ,establishment of a ,board of ,visa ,appeals for ,family-,based ,visas #bja4 ,establishment of a ,board of ,visa ,appeals 7a7 ,in ,general ,the ,immigration and ,nationality ,act is amended by inserting after section #bbd the following new section3 #bbe4 ,board of ,visa ,appeals 7a7 ,establishment ,the ,secretary of ,state shall establish within the ,department of ,state a ,board of ,family-based ,visa ,appeals4 ,the ,board shall be composed of #e members who shall be appointed by the ,secretary4 ,not more than #b members of the ,board may be consular officers4 ,the ,secretary shall designate a member who shall be chairperson of the ,board4 7b7 ,authority and ,functions ,the ,board shall have authority to review any discretionary decision of a consular officer with respect to an alien concerning the denial1 revocation1 or cancellation of an immigrant visa of someone who has the immediate relative status described in section #bja7b77;,a77i7 and 7ii72 or a preference classification described in section #bjc7;a74 ,the review of the ,board shall be made upon the record for decision of the consular officer1 including all documents1 notes1 and memoranda filed with the consular officer1 supplemented by affidavits and other writings if offered by the consular officer or alien4 ,upon a showing that the decision of the consular official is contrary to the preponderance of the evidence1 the ,board shall have authority to overrule1 or remand for further consideration1 the decision of such consular officer4 7c7 ,procedure ,proceedings before the ,board shall be in accordance with such regulations1 not inconsistent with this ,act and sections #eef and #eeg of title #e1 ,united ,states ,code1 as the ,secretary of ,state shall prescribe4 ,such regulations shall include requirements that provide that-- 7#a7 at the time of any decision of a consular officer under subsection 7b71 the interested party defined in subsection 7d7 shall be given notice of the availability of the review process and the necessary steps to request such review2 7#b7 a written record of the proceedings and decision of the consular officer 7in accordance with sections #eef and #eeg of title #e1 ,united ,states ,code7 shall be available to the ,board1 and on payment of lawfully prescribed costs1 shall be made available to the alien2 7#c7 upon receipt of request for review under this section1 the ,board shall1 within #cj days1 notify the consular officer with respect to whose decision review is sought1 and1 upon receipt of such notice1 such officer shall promptly 7but in no event more than #cj days after such receipt7 forward to the ,board the record of proceeding as described in subsection 7b72 7#d7 the appellant shall be given notice1 reasonable under all the circumstances of the time and place at which the ,board proceedings will be held2 7#e7 the appellant may be represented 7at no expense to the ,government7 by such counsel1 authorized to practice in such proceedings1 as the appellant shall choose2 and 7#f7 a request for review under this section must be made in writing to the ,board within #fj days after receipt of notice of the denial1 revocation1 or cancellation4 7d7 ,interested ,parties ,the ,board shall review each decision described in subsection 7b7 upon request by the petitioner of an immigrant visa petition approved under section #bja7b77;,a77i7 and 7ii7 or #bjc7;a74 7e7 ,construction ,this section may not be construed to restrict any right to further administrative or judicial review established under any other provision of law4 7f7 ,fees ,the ,secretary of ,state shall charge1 and collect1 an appropriate fee associated with a request to the ,board for a review4 ,such fee shall be sufficient to cover the cost of the administration of this section4 4 7b7 ,technical ,amendments 7#a7 ,section #bbb7;f7 7#h ,u4,s4,c4 #abjb7;f77 is amended by adding at the end3 ,an interested party under section #bbe7;d7 or court shall be permitted to inspect the record of proceeding as described in subsections 7c77#b7 and 7c77#c7 of section #bbe44 7#b7 ,section #ajd7;a77#a7 7#h ,u4,s4,c4 #aajd7;a77#a77 is amended by striking except and inserting including4 7#c7 ,the table of contents is amended by inserting after the item relating to section #bbd the following new item3 ,sec4 #bbe4 ,board of ,visa ,appeals4 4 ,,iii ,elimination of ,unfair ,restrictions #cja4 ,acquisition of citizenship for children born abroad and out of wedlock to a ,united ,states citizen father 7a7 ,requirements for citizenship eligibility ,section #cji7;a7 7#h ,u4,s4,c4 #adji7;a77 is amended-- 7#a7 in paragraph 7#b71 by adding and at the end2 7#b7 by striking paragraph 7#c72 7#c7 in paragraph 7#d71 by striking while the person is under the age of #ah years-- and inserting at any time--2 and 7#d7 by redesignating paragraph 7#d7 as paragraph 7#c74 7b7 ,clarification regarding deceased parents of children born abroad and out of wedlock ,section #cji 7#h ,u4,s4,c4 #adji7 is amended by adding at the end the following3 7d7 ,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 father1 mother1 or parents4 4 7c7 ,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 ,act4 #cjb4 ,allow aunts and uncles or grandparents to adopt orphaned or abandoned children of the deceased relative ,section #aja7;b77#a7 7#h ,u4,s4,c4 #aaja7;b77#a77 is amended-- 7#a7 by striking or at the end of subparagraph 7,e7 and inserting a semicolon2 7#b7 by striking the period at the end of subparagraph 7,f7 and inserting a colon2 7#c7 by striking the period at the end of subparagraph 7,g7 and inserting 2 and2 and 7#d7 by adding at the end the following3 7,h7 a child adopted in the ,united ,states or abroad or who is coming to the ,united ,states for adoption by a grandparent1 aunt or uncle while under the age of eighteen years1 who has suffered the death or disappearance of1 abandonment or desertion by1 or separation or loss from1 both parents1 or for whom the sole or surviving parent is incapable of providing proper care and has consented in writing to the adoption1 if the ,secretary of ,homeland ,security is satisfied that proper care will be furnished the child if admitted to the ,united ,states4 ,no natural parent or prior adoptive parent of any such child shall thereafter1 by virtue of such parentage1 be accorded any right1 privilege1 or status under this ,act4 ,nothing in this subsection shall be construed to require the child to be released to an orphanage as a prerequisite for eligibility4 4 #cjc4 ,relief for surviving spouses1 children and parents 7a7 ,in general ,section #bja7;b77#b77;,a77i7 7#h ,u4,s4,c4 #aaea7;b77#b77;,a77i77 is amended-- 7#a7 by inserting 1 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 benefit1 after within #b years after such date2 and 7#b7 by inserting ,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 death1 the alien shall be considered1 for purposes of this subsection1 to remain an immediate relative after the date of the citizen's death but only if the alien files a petition under section #bjd7;a77#a77;,a77ii7 within two years after such date in the case of a parent1 or prior to reaching the age of #ba in the case of a child4 after remarries44 7b7 ,petition ,section #bjd7;a77#a77;,a77ii7 7#h ,u4,s4,c4 #aaed7;a77#a77;,a77ii77 is amended by inserting or an alien child or alien parent described in the third sentence of section #bja7;b77#b77;,a77i7 after section #bja7;b77#b77;,a77i74 7c7 ,transition period ,in applying section #bja7;b77#b77;,a77i7 7#h ,u4,s4,c4 #aaea7;b77#b77;,a77i771 as amended by subsection 7a71 in the case of an alien whose citizen relative died before the date of the enactment of this ,act1 the alien relative may 7notwithstanding the deadlines specified in such subsection7 file the classification petition referred to in such subsection within #b years after the date of the enactment of this ,act4 ,in the case of an alien who was excluded1 deported1 removed or departed voluntarily before the date of the enactment of this ,act1 such alien shall be eligible for parole into the ,united ,states pursuant to the ,secretary of ,homeland ,security's authority under section #bab7;d77#e7 of such ,act 7#h ,u4,s4,c4 #aahb7;d77#e771 and such alien's application for adjustment of status shall be considered notwithstanding section #bab7;a77#i7 7#h ,u4,s4,c4 #aahb7;a77#i774 7d7 ,adjustment of status ,section #bde 7#h ,u4,s4,c4 #abee7 is amended by adding at the end the following3 7n7 ,applications for adjustment of status by surviving spouses1 children and parents 7#a7 ,in general ,any alien described in paragraph 7#b7 who applied for adjustment of status prior to the death of the qualifying relative1 may have such application adjudicated as if such death had not occurred4 7#b7 ,alien described ,an alien described in this paragraph is an alien who-- 7,a7 is an immediate relative as described in section #bja7;b77#b77;,a77i72 7,b7 is a family-sponsored immigrant as described in subsection 7a7 or 7d7 of section #bjc2 7,c7 is a derivative beneficiary of an employment-based immigrant under section #bjc7;b71 as described in section #bjc7;d72 or 7,d7 is a derivative beneficiary of a diversity immigrant as described in section #bjc7;c74 4 7e7 ,transition ,period ,notwithstanding a denial of an application for adjustment of status1 in the case of an alien whose qualifying relative died before the date of the enactment of this ,act1 such application may be renewed by the alien through a motion to reopen1 without fee1 filed within two years after the date of the enactment of this ,act4 ,in the case of an alien who was excluded1 deported1 removed or departed voluntarily before the date of the enactment of this ,act1 such alien shall be eligible for parole into the ,united ,states pursuant to the ,secretary of ,homeland ,security's authority under section #bab7;d77#e7 7#h ,u4,s4,c4 #aahb7;d77#e771 and such alien's application for adjustment of status shall be considered notwithstanding section #bab7;a77#i7 7#h ,u4,s4,c4 #aahb7;a77#i774 #cjd4 ,eliminating the widowed permanent resident's naturalization penalty ,section #cai7;a7 7#h ,u4,s4,c4 #adbi7;a77 is amended by inserting or1 if the spouse is deceased1 the spouse was a citizen of the ,united ,states1 after 7a7 ,any person whose spouse is a citizen of the ,united ,states14 ,,iv ,preventing sex offenders from using our immigration laws to bring innocent1 unsuspecting victims into the ,united ,states #dja4 ,findings ,the ,congress finds the following3 7#a7 ,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 classification4 7#b7 ,immediate relative status and preference classifications are obtained by filing petitions with the ,secretary of ,homeland ,security4 7#c7 ,for national security purposes1 the ,secretary of ,homeland ,security conducts background checks on the beneficiaries of such petitions and1 since ,september #aa1 #bjja1 on the petitioners as well4 7#d7 ,the ,government ,accountability ,office 7,,gao7 has determined that1 in fiscal year #bjje1 at least #cih of the petitioners who filed family-based visa petitions were on the ,national ,sex ,offender ,registry maintained by the ,federal ,bureau of ,investigations4 7#e7 ,,gao was only able to ascertain the nature of the sex offense for #aid of the #cih petitioners4 7#f7 ,,gao was able to ascertain1 however1 that #aai of the convictions were for sex assault1 #ce for child fondling1 #i for strong arm rape1 #i for carnal abuse combined with a sexual assault1 #g were for statutory rape1 #d for crimes against persons1 #c for indecent exposure1 #b for kidnapping1 #b for obscene material possession1 #a for exploitation of a minor with photographs1 #a for incest with a minor1 #a for sodomizing a boy1 and #a for restricting movement4 7#g7 ,at least #ad of the #cih petitioners were classified as sexual predators1 which means a determination had been made that they are likely to commit additional sex offenses4 7#h7 ,at least #de of the petitioners were convicted of sex offenses against children4 7#i7 ,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 offense1 even when the conviction record indicates that a spouse or a child beneficiary may be in grave danger4 #djb4 ,discretionary authority to deny family-sponsored classification petition by petitioner listed on national sex offender registry ,section #bjd 7#h ,u4,s4,c4 #aaed7 is amended by adding at the end the following3 7m7 ,authority ,to deny family-,based petition by petitioner listed on national sex offender registry 7#a7 ,in general ,the ,secretary ,homeland ,security may1 in the discretion of the ,secretary1 deny a petition under subsection 7a7 for classification of a spouse or child if-- 7,a7 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 7disregarding any aggregation due to any other conviction7 resulted in incarceration for more than #a year2 7,b7 the petitioner has been given at least #ij 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 #a year and has failed to establish such fact2 and 7,c7 the ,secretary finds that granting the petition would put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused4 7#b7 ,determining danger ,in making the determination under paragraph 7#a77;,c71 the ,secretary shall use the following principles3 7,a7 ,nature of the relationship ,in evaluating a petitioner who has filed a petition for a spouse1 consideration should be given to indications of how well the petitioner and the spouse know each other4 ,petitions filed on the basis of marriages between men and women who have had little direct1 personal contact with each other should be viewed with suspicion4 ,in cases where the petitioner and the spouse have had little direct1 personal contact with each other1 evidence should be submitted to establish that they have gotten to know each other in some other way4 7,b7 ,nature of the sex offense ,consideration should be given to when each offense occurred for which the petitioner was incarcerated for more than a year1 how serious it was1 the sentence that was imposed1 how long the petitioner was incarcerated1 the age of the petitioner when it was committed1 and the characteristics of the victim4 7,c7 ,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 beneficiaries4 7,d7 ,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 abused4 7#c7 ,rebuttal ,if the ,secretary intends to deny a petition under paragraph 7#a71 the ,secretary shall provide the petitioner with a notice that states the reasons for the intended denial and provides the petitioner with at least #ij days to submit rebuttal evidence4 ,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 abused4 7#d7 ,post-denial remedies 7,a7 ,appeal ,all final denials under paragraph 7#a7 may be appealed to the ,board of ,immigration ,appeals4 7,b7 ,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 petition4 7#e7 ,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 7a7 is listed on the national sex offender registry maintained by the ,federal ,bureau of ,investigation1 and regardless of whether the ,secretary may exercise discretion under paragraph 7#a71 the ,secretary shall give the petitioner at least #ij days to establish that the petitioner is not the person named on the registry4 ,if the petitioner fails to establish that the petitioner is not the person named on the registry within the time allotted1 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 petition4 ,the beneficiary shall be informed that the registry information is based on available records and may not be complete4 7#f7 ,disclosure to ,department of ,state ,in all cases in which it has been confirmed that the name of a petitioner under subsection 7a7 is listed on the national sex offender registry maintained by the ,federal ,bureau of ,investigation1 and regardless of whether the ,secretary may exercise discretion under paragraph 7#a71 the ,secretary shall provide the ,secretary of ,state with-- 7,a7 a separate document with information about the record on the national sex offender registry that is available to the public2 7,b7 any additional information it has that raises concern that a primary or derivative spouse or child beneficiary may be subject to sexual abuse1 including information from the registry that is not available to the public2 and 7,c7 information about any previous petitions under subsection 7a7 filed by the petitioner4 7#g7 ,disclosure by consular officer to beneficiaries ,when a petition under subsection 7a7 is granted1 if the petition is filed by a petitioner who has failed to make the demonstration of mis-identification described in paragraph 7#e71 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 beneficiary4 ,at least part of the interview must be held without the presence of the petitioner4 ,during the private part of the interview1 the beneficiary will be given a written copy of the information about the petitioner from the registry that is available to the public4 ,this document must be written in the beneficiary's primary language4 ,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 safety4 7#h7 ,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 abused4 ,when returning a file under the previous sentence1 the consular officer may add any additional information or observations the officer has that might have a bearing on whether the visa should be granted1 including the results of any field examination that has been conducted4 4 #djc4 ,removal of conditional permanent resident status 7a7 ,identify and provide assistance for spouses and children who are subject to sexual abuse or related types of harm ,section #baf7;d77#c7 7#h ,u4,s4,c4 #aahf;a7d77#c77 is amended-- 7#a7 by inserting before ,the interview the following3 7,a7 ,in general ,subject to subparagraph 7,b71 the interview 2 and 7#b7 by adding at the end the following3 7,b7 ,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 ,investigation1 an interview with the alien spouse1 and any alien sons or daughters1 shall be required prior to removal of the conditional status1 and at least part of the interview shall be held without the presence of the petitioning spouse4 ,during the private portion of the interview1 questions will be asked to determine whether an investigation should be conducted regarding the welfare of the alien spouse1 or any alien son or daughter4 ,if it is determined that any alien spouse1 son1 or daughter is being abused or harmed by the petitioning spouse1 the victim shall be offered whatever assistance is appropriate1 including information on ways to remain in the ,united ,states that do not depend on continuing the qualifying marriage4 4 7b7 ,hardship waiver in cases where the alien spouse or child is subject to sexual abuse ,section #baf7;c77#d7 7#h ,u4,s4,c4 #aahf;a7c77#d77 is amended-- 7#a7 in subparagraph 7,b71 by striking or at the end2 7#b7 in subparagraph 7,c71 by striking the period at the end and inserting 1 or2 and 7#c7 by inserting after subparagraph 7,c7 the following3 7,d7 the qualifying marriage was entered into in good faith by the alien spouse and during the marriage the alien spouse1 or a son or daughter of the spouse1 was sexually abused and the alien was not at fault in failing to meet the requirements of paragraph 7#a74 4 #djd4 ,special task force to identify people named on the national sex offender registry who have filed family-based classification petitions 7a7 ,in general ,the ,secretary of ,homeland ,security shall establish a task force1 to be known as the ,task ,force to ,rescue ,immigrant ,victims of ,american ,sex ,offenders4 ,the task force shall consist of officials from ,federal1 ,state1 and local law enforcement agencies with experience in domestic violence1 sex crimes1 immigration law1 trafficking in humans1 organized crime1 or any other area of experience which may be useful in completing the duties described in subsection 7b74 7b7 ,duties ,the duties of the task force shall be the following3 7#a7 ,working back in time from the date of the establishment of the task force1 identifying individuals on the ,federal ,bureau of ,investigation's sex offender registry who have filed family-based petitions under section #bjd7;a7 of the ,immigration and ,nationality ,act4 ,when a confirmed match has been made with the sex offender registry1 the task force should ascertain whether the petitioner filed previous petitions4 7#b7 ,maintaining the information about the petitioners in a comprehensive database4 7#c7 ,prioritizing the information according to the likelihood that primary or derivative spouse or child beneficiaries are in danger of sexual abuse4 7#d7 ,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 abused4 7#e7 ,except for information on the registry that is available to the public1 protecting the information produced by its investigations in accordance with the privacy rights of everyone involved in the investigation4 7#f7 ,taking whatever other actions as are reasonable and appropriate when investigations lead to information about sexual abuse or other criminal activities1 including notifying ,state and local police departments1 government offices1 public organizations that provide assistance to victims of sexual abuse1 and religious organizations4 7c7 ,report to ,congress ,not later than #bgj days after the date of the enactment of this ,act1 the ,secretary shall submit to the ,congress a report on the findings and recommendations of the task force4 ,the report shall include the following3 7#a7 ,an analysis of the information obtained in searching visa petition and national sex offender registry records4 7#b7 ,the results of any investigations conducted by the task force4 7#c7 ,recommendations on administrative and legislative actions that would assist in identifying and protecting immigrant victims of sexual abuse or related harm4 #dje4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this ,act4 ,amounts appropriated under this section shall remain available until expended4 #djf4 ,regulations ,regulations implementing this ,act shall be promulgated in final form not later than #ahj days after the date of the enactment of this ,act4 ,v ,legalization for long-term residents #eja4 ,earned access to legalization 7a7 ,in general ,chapter #e of title ,,ii 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,a the following3 #bde;,b4 ,adjustment of status on the basis of earned access to legalization 7a7 ,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-- 7#a7 was physically present in the ,united ,states for a continuous period of not less than #e years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then2 7#b7 has at all times been a person of good moral character2 7#c7 has never been convicted of a criminal offense in the ,united ,states2 7#d7 in the case of an alien who is #ah years of age or older1 but who is not over the age of #fe1 has successfully completed a course on reading1 writing1 and speaking words in ordinary usage in the ,english language1 unless unable to do so on account of physical or developmental disability or mental impairment2 7#e7 in the case of an alien #ah years of age or older1 has accepted the values and cultural life of the ,united ,states2 and 7#f7 in the case of an alien #ah years of age or older1 has performed at least #dj hours of community service4 7b7 ,treatment of brief1 casual1 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 7a77#a7 by virtue of brief1 casual1 and innocent absences from the ,united ,states4 7c7 ,admissible as immigrant 7#a7 ,in general ,the alien shall establish that the alien is admissible to the ,united ,states as an immigrant1 except as otherwise provided in paragraph 7#b74 7#b7 ,exceptions ,the provisions of paragraphs 7#e71 7#f77;,a71 7#f77;,b71 7#f77;,c71 7#f77;,f71 7#f77;,g71 7#g77;,a71 7#i77;,b71 and 7#i77;,c77i77,i7 of section #bab7;a7 shall not apply in the determination of an alien's admissibility under this section4 7d7 ,security and law enforcement clearances ,the alien1 if over #ae years of age1 shall submit fingerprints in accordance with procedures established by the ,secretary of ,homeland ,security4 ,such fingerprints shall be submitted to relevant ,federal agencies to be checked against existing databases for information relating to criminal1 national security1 or other law enforcement actions that would render the alien ineligible for adjustment of status under this section4 ,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 status4 7e7 ,inapplicability of numerical limitations ,when an alien is granted lawful permanent resident status under this subsection1 the number of immigrant visas authorized to be issued under any provision of this ,act shall not be reduced4 ,the numerical limitations of sections #bja and #bjb shall not apply to adjustment of status under this section4 7f7 ,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 section4 4 7b7 ,clerical amendment ,the table of contents is amended by inserting after the item relating to section #bde;,a the following3 ,sec4 #bde;,b4 ,adjustment of status on the basis of earned access to legalization4 4 #ejb4 ,legalization provisions for children 7a7 ,in general ,chapter #e of title ,,ii 7#h ,u4,s4,c4 #abee et seq471 as amended by section #eja1 is further amended by inserting after section #bde;,b the following3 #bde;,c4 ,adjustment of status for certain children 7a7 ,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 alien1 at such time-- 7#a7 has been physically present and enrolled in school in the ,united ,states for a continuous period of not less than #e years immediately preceding the date of such application1 and during that period has been a person of good moral character2 7#b7 has fully integrated into life in the ,united ,states2 7#c7 has learned ,english or is satisfactorily pursuing a course of study to achieve an understanding of ,english2 7#d7 is successfully pursuing an elementary school1 middle school1 high school1 or college-level education2 and 7#e7 if older than #ac years of age1 has performed at least #fj hours of community service4 7b7 ,treatment of brief1 casual1 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 7a77#a7 by virtue of brief1 casual1 and innocent absences from the ,united ,states4 7c7 ,admissible as immigrant 7#a7 ,in general ,the alien shall establish that the alien is admissible to the ,united ,states as an immigrant1 except as otherwise provided in paragraph 7#b74 7#b7 ,applicability of certain provisions 7,a7 ,grounds of inadmissibility not applied ,the provisions of paragraphs 7#e71 7#f77;,a71 7#f77;,b71 7#f77;,c71 7#f77;,f71 7#f77;,g71 7#g77;,a71 7#i77;,b71 and 7#i77;,c7 of section #bab7;a7 shall not apply in the determination of an alien's admissibility under this section4 7,b7 ,waiver of other grounds 7i7 ,in general ,except as provided in clause 7ii71 the ,secretary of ,homeland ,security may waive any other provision of section #bab7;a7 in the case of an individual alien for humanitarian purposes1 to assure family unity1 or when it is otherwise in the public interest4 7ii7 ,grounds that may not be waived ,the following provisions of section #bab7;a7 may not be waived by the ,secretary under clause 7i73 7,i7 ,paragraphs 7#b77;,a7 and 7#b77;,b7 7relating to criminals74 7,,ii7 ,paragraph 7#b77;,c7 7relating to drug offenses71 except for so much of such paragraph as relates to a single offense of simple possession of #cj grams or less of marijuana4 7,,iii7 ,paragraph 7#c7 7relating to security and related grounds74 7d7 ,no numerical limitations ,the numerical limitations of sections #bja and #bjb shall not apply to adjustment of status under this section4 7e7 ,confidentiality of information ,except as provided in this section1 neither the ,secretary of ,homeland ,security1 nor any other official or employee of the ,department of ,homeland ,security1 may-- 7#a7 use information furnished by applicant for an application filed under this section for any purpose other than to make a determination on the application2 7#b7 make any publication whereby the information furnished by any particular applicant can be identified2 or 7#c7 permit anyone other than the sworn officers and employees of the ,department1 the applicant1 or a representative of the applicant to examine individual applications4 7f7 ,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 benefits4 4 7b7 ,clerical amendment ,the table of contents1 as amended by section #bja1 is amended further by inserting after the item relating to section #bde;,b the following3 ,sec4 #bde;,c4 ,adjustment of status for certain children4 4 #ejc4 ,updated registry provision 7a7 ,in general ,section #bdi 7#h ,u4,s4,c4 #abei7 is amended-- 7#a7 in the section heading by striking #aigb and inserting #aihf2 and 7#b7 in item 7a71 by striking #aigb and inserting #aihf4 7b7 ,clerical amendment ,the table of sections is amended in the item relating to section #bdi by striking #aigb and inserting #aihf4 ,,vi ,border ,security ,provisions ,a ,rapid response measures #fja4 ,emergency deployment of ,united ,states ,border ,patrol agents 7a7 ,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 ,security1 the ,secretary is authorized1 subject to subsections 7b7 and 7c71 to provide the ,state with up to #a1jjj additional ,united ,states ,border ,patrol agents for the purpose of patrolling and defending the international border1 in order to prevent individuals from crossing the international border and entering the ,united ,states at any location other than an authorized port of entry4 7b7 ,consultation ,the ,secretary of ,homeland ,security shall consult with the ,president upon receipt of a request under subsection 7a71 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 ,state4 7c7 ,collective bargaining ,emergency deployments under this section shall be made in conformance with all collective bargaining agreements and obligations4 #fjb4 ,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 law1 except in unusual circumstances where the temporary use of fixed deployment positions is necessary4 #fjc4 ,helicopters and power boats 7a7 ,in general ,the ,secretary of ,homeland ,security shall increase by not less than #ajj the number of ,united ,states ,border ,patrol helicopters1 and shall increase by not less than #bej the number of ,united ,states ,border ,patrol power boats4 ,the ,secretary of ,homeland ,security shall ensure that appropriate types of helicopters are procured for the various missions being performed4 ,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 requirements4 7b7 ,use and training ,the ,secretary of ,homeland ,security shall establish an overall policy on how the helicopters and power boats described in subsection 7a7 will be used and implement training programs for the agents who use them1 including safe operating procedures and rescue operations4 #fjd4 ,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 mission1 including1 aircraft1 watercraft1 vehicles1 detention space1 transportation1 and all of the personnel associated with such assets4 #fje4 ,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 #c ,united ,states ,border ,patrol agents4 ,additionally1 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 ,patrol4 ,all vehicles will be chosen on the basis of appropriateness for use by the ,united ,states ,border ,patrol1 and each vehicle shall have a 8panic button0 and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of an agent in distress4 ,the police-type vehicles shall be replaced at least every #c years4 #fjf4 ,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 ,patrol4 #fjg4 ,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 times4 ,each portable communications device shall be equipped with a 8panic button0 and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of the agent in distress4 #fjh4 ,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 purposes4 #fji4 ,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 device4 #faj4 ,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 officer4 ,each officer shall be allowed to select from among a variety of approved brands and styles4 ,officers shall be strongly encouraged1 but not mandated1 to wear such body armor whenever practicable4 ,all body armor shall be replaced at least every #e years4 #faa4 ,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 themselves1 their fellow officers1 and innocent third parties from the threats posed by armed criminals4 ,in addition1 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 face4 #fab4 ,uniforms ,the ,secretary of ,homeland ,security shall ensure that all ,united ,states ,border ,patrol agents are provided with all necessary uniform items1 including outerwear suited to the climate1 footwear1 belts1 holsters1 and personal protective equipment1 at no cost to such agents4 ,such items shall be replaced at no cost to such agents as they become worn1 unserviceable1 or no longer fit properly4 ,b ,detention pending removal #fba4 ,detention facilities for aliens arrested for illegal entry ,the ,secretary of ,homeland ,security shall make arrangements for the availability of #ajj1jjj additional beds for detaining aliens taken into custody by immigration officials4 ,some of these beds shall be rented from ,federal1 ,state1 and local detention facilities4 ,the remainder of the #ajj1jjj 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 facilities4 #fbb4 ,expansion and effective management of detention facilities 7a7 ,in general ,subject to the availability of appropriations1 the ,secretary of ,homeland ,security shall fully utilize-- 7#a7 all available detention facilities operated or contracted by the ,department of ,homeland ,security2 7#b7 all possible options to cost effectively increase available detention capacities1 including the use of ,state and local correctional facilities1 private space1 and secure alternatives to detention2 and 7#c7 the ,department's ,office of ,civil ,rights and ,civil ,liberties shall monitor all facilities that are being used to hold detainees for more than #gb hours4 ,the monitoring will include an evaluation of whether there is compliance with the requirements of the ,department's ,detention ,operations ,manual4 7b7 ,secure alternatives to detention program 7#a7 ,nature of the program ,for purposes of this section1 the secure alternatives to detention referred to in subsection 7a7 is a program under which eligible aliens are released to the custody of suitable individual or organizational sponsors who will supervise them1 use appropriate safeguards to prevent them from absconding1 and ensure that they make required appearances4 7#b7 ,program development ,the program shall be developed in accordance with the following guidelines3 7,a7 ,the ,secretary shall design the program in consultation with nongovernmental organizations and academic experts in both the immigration and the criminal justice fields4 ,consideration should be given to methods that have proven successful in appearance assistance programs1 such as the appearance assistance program developed by the ,vera ,institute and the ,department of ,homeland ,security's ,intensive ,supervision ,appearance ,program4 7,b7 ,the program shall utilize a continuum of alternatives based on the alien's need for supervision1 including placement of the alien with an individual or organizational sponsor1 a supervised group home1 or in a supervised1 non-penal community setting that has guards stationed along its perimeter4 7,c7 ,the ,secretary shall enter into contracts with nongovernmental organizations and individuals to implement the secure alternatives to detention program4 7c7 ,eligibility and operations 7#a7 ,selection of participants ,the ,secretary shall select aliens to participate in the program from designated groups specified in paragraph 7#d7 if the ,secretary determines that such aliens are not flight risks or dangers to the community4 7#b7 ,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 7#h ,u4,s4,c4 #aaja et seq474 7#c7 ,limitation on participation 7,a7 ,in general ,only aliens who are in expedited removal proceedings under section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 may participate in the program4 7,b7 ,rules of construction 7i7 ,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 #bdj of such ,act 7#h ,u4,s4,c4 #abbi;a74 7ii7 ,unaccompanied alien children ,unaccompanied alien children 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act 7#f ,u4,s4,c4 #bgi7;g77#b777 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 program4 7#d7 ,designated groups ,the designated groups referred to in paragraph 7#a7 are the following3 7,a7 ,alien parents who are being detained with one or more of their children1 and their detained children4 7,b7 ,aliens who have serious medical or mental health needs4 7,c7 ,aliens who are mentally retarded or autistic4 7,d7 ,pregnant alien women4 7,e7 ,elderly aliens who are over the age of #fe4 7,f7 ,aliens placed in expedited removal proceedings after being rescued from trafficking or criminal operations by ,government authorities4 7,g7 ,other groups designated in regulations promulgated by the ,secretary4 7#e7 ,implementing regulations ,not later than #ahj days after the date of the enactment of this ,act1 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 ,security4 7#f7 ,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 review4 7d7 ,reporting requirements ,not later than #ahj days after the date of the enactment of this ,act and annually thereafter1 the ,secretary shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives1 the ,committee on the ,judiciary of the ,house of ,representatives1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on the ,judiciary of the ,senate a report that details all policies1 regulations1 and actions taken to comply with the provisions in this section1 including maximizing detention capacity and increasing the cost-effectiveness of detention by implementing the secure alternatives to detention program1 and a description of efforts taken to ensure that all aliens in expedited removal proceedings are residing under conditions that are safe1 secure1 and healthy4 7e7 ,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 section4 ,amounts appropriated pursuant to this section shall remain available until expended4 ,c ,recruitment and retention of additional immigration law enforcement personnel #fca4 ,additional ,united ,states ,border ,patrol agents ,the ,secretary of ,homeland ,security shall increase the number of ,united ,states ,border ,patrol agents by-- 7#a7 #b1ejj in fiscal year #bjad2 7#b7 #b1gej in fiscal year #bjae2 7#c7 #c1jjj in fiscal year #bjaf2 7#d7 #c1bej in fiscal year #bjag2 and 7#e7 #c1ejj in fiscal year #bjah4 #fcb4 ,provisions relating to the exercise of certain appointment and other similar authorities with respect to the ,united ,states ,border ,patrol 7a7 ,in general ,notwithstanding any other provision of law-- 7#a7 all authority described in subsection 7b7 that 7but for this section7 would otherwise be vested in the ,secretary of ,homeland ,security shall instead be vested in the head of the ,united ,states ,border ,patrol2 7#b7 an individual may not be appointed or continue to serve as the head of the ,united ,states ,border ,patrol if1 at the time of appointment1 such individual has not completed at least #bj years of service1 within the competitive service 7as defined by section #bajb of title #e1 ,united ,states ,code71 as a ,united ,states ,border ,patrol agent2 and 7#c7 all activities described in subsection 7b7 shall be considered inherently ,governmental functions and may not be carried out by any persons other than employees of the ,united ,states ,border ,patrol4 7b7 ,authorities described ,this section applies with respect to any authority relating to the recruitment1 selection1 and appointment of applicants 7including the conducting of any investigation necessary to approve or grant security clearances7 for ,united ,states ,border ,patrol agents1 law enforcement officers 7other than ,united ,states ,border ,patrol agents71 and such other positions within the ,united ,states ,border ,patrol as the head of the ,united ,states ,border ,patrol may by regulation determine4 7c7 ,regulations ,the head of the ,united ,states ,border ,patrol shall by regulation identify the specific authorities1 including citations to the relevant provisions of law1 rule1 or regulation1 to which this section applies4 #fcc4 ,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 training1 as well as reasonably comfortable living conditions4 ,all dormitories shall be constructed so that each trainee is housed in separate quarters4 ,moreover1 the ,secretary shall ensure that the training sites selected contains adequate housing for all permanent and temporary instructors within the local commuting area4 #fcd4 ,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 mission4 #fce4 ,maximum student loan repayments for ,united ,states ,border ,patrol agents ,section #ecgi7;b7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,in the case of an employee 7otherwise eligible for benefits under this section7 who is serving as a full-time active-duty ,united ,states ,border ,patrol agent within the ,department of ,homeland ,security-- 7,a7 paragraph 7#b77;,a7 shall be applied by substituting #bj1jjj for #aj1jjj2 and 7,b7 paragraph 7#b77;,b7 shall be applied by substituting #hj1jjj for #fj1jjj4 4 #fcf4 ,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 #egec of title #e1 ,united ,states ,code1 the authority to pay retention bonuses under section #eged of such title1 and any other similar authorities available under any other provision of law1 rule1 or regulation1 are exercised to the fullest extent allowable in order to encourage service in the ,department of ,homeland ,security4 #fcg4 ,repeal of the ,department of ,homeland ,security human resources management system 7a7 ,repeal 7#a7 ,in general ,effective as of the date specified in section #d of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja note71 chapter #ig of title #e1 ,united ,states ,code 7as added by section #hda7;a77#b7 of such ,act71 section #hda7;b77#c7 of such ,act1 and subsections 7c7 and 7e7 of section #hdb of such ,act are repealed4 7#b7 ,regulations ,any regulations prescribed under authority of chapter #ig of title #e1 ,united ,states ,code1 are void ab initio4 7b7 ,nullification of previous exclusions ,effective as of the date of the enactment of this ,act1 all previous determinations as to whether-- 7#a7 an agency or subdivision of the ,department of ,homeland ,security 7or a predecessor agency or subdivision transferred into the ,department7 is excluded from coverage under chapter #ga of title #e1 ,united ,states ,code1 7#b7 a unit or subdivision of a unit within the ,department of ,homeland ,security 7or a predecessor agency or subdivision transferred into the ,department7 is not appropriate for representation by a labor organization under such chapter1 or 7#c7 an employee or position within the ,department of ,homeland ,security 7or a predecessor agency or subdivision transferred into the ,department7 is within a unit that is not appropriate for representation by a labor organization under such chapter1 are null and void1 except to the extent that such determinations were made in accordance with the criteria outlined in paragraph 7#a71 7#b71 7#c71 7#d71 or 7#g7 of section #gaab7;b7 of such title #e4 7c7 ,clerical amendment ,the table of chapters for part ,,iii of title #e1 ,united ,states ,code1 is amended by striking the item relating to chapter #ig4 #fch4 ,establishment of specialized inspector occupations ,the ,secretary of ,homeland ,security shall establish within the ,bureau of ,customs and ,border ,protection #c distinct inspectional occupations3 immigration1 customs1 and agriculture4 ,these divisions shall coordinate closely with each other under the direction of a high-level official within the ,bureau1 but shall report to separate operational chains of command4 #fci4 ,increase in inspectors at airport and land border inspection stations ,in each of the fiscal years #bjad through #bjah1 the ,secretary of ,homeland ,security shall increase by not less than #a1jjj 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 year4 #fdj4 ,law enforcement retirement coverage for inspection officers and other employees 7a7 ,amendments 7#a7 ,federal ,employees' ,retirement ,system 7,a7 ,paragraph 7#ag7 of section #hdja of title #e1 ,united ,states ,code1 is amended by striking and at the end of subparagraph 7,c71 and by adding at the end the following3 7,e7 an employee 7not otherwise covered by this paragraph7-- 7i7 the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the ,united ,states2 and 7ii7 who is authorized to carry a firearm2 and 7,f7 an employee of the ,internal ,revenue ,service1 the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns2 4 7,b7 ,conforming amendment ,section #hdja7ag77;,c7 of title #e1 ,united ,states ,code1 is amended by striking 7,a7 and 7,b7 and inserting 7,a71 7,b71 7,e71 and 7,f74 7#b7 ,civil ,service ,retirement ,system ,paragraph 7#bj7 of section #hcca of title #e1 ,united ,states ,code1 is amended by inserting after position4 7in the matter before subparagraph 7,a77 the following3 ,for the purpose of this paragraph1 the employees described in the preceding provision of this paragraph 7in the matter before including7 shall be considered to include an employee1 not otherwise covered by this paragraph1 who satisfies clauses 7i7-7ii7 of section #hdja7ag77;,e7 and an employee of the ,internal ,revenue ,service the duties of whose position are as described in section #hdja7ag77;,f744 7#c7 ,effective date ,except as provided in subsection 7b71 the amendments made by this subsection shall take effect on the date of the enactment of this ,act1 and shall apply only in the case of any individual first appointed 7or seeking to be first appointed7 as a law enforcement officer 7within the meaning of those amendments7 on or after such date4 7b7 ,treatment of service performed by incumbents 7#a7 ,law enforcement officer and service described 7,a7 ,law enforcement officer ,any reference to a law enforcement officer described in this paragraph refers to an individual who satisfies the requirements of section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code 7relating to the definition of a law enforcement officer7 by virtue of the amendments made by subsection 7a74 7,b7 ,service ,any reference to service described in this paragraph refers to service performed as a law enforcement officer 7as described in this paragraph74 7#b7 ,incumbent defined ,for purposes of this subsection1 the term incumbent means an individual who-- 7,a7 is first appointed as a law enforcement officer 7as described in paragraph 7#a77 before the date of the enactment of this ,act2 and 7,b7 is serving as such a law enforcement officer on such date4 7#c7 ,treatment of service performed by incumbents 7,a7 ,in general ,service described in paragraph 7#a7 which is performed by an incumbent on or after the date of the enactment of this ,act shall1 for all purposes 7other than those to which subparagraph 7,b7 pertains71 be treated as service performed as a law enforcement officer 7within the meaning of section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code1 as appropriate71 irrespective of how such service is treated under subparagraph 7,b74 7,b7 ,retirement ,service described in paragraph 7#a7 which is performed by an incumbent before1 on1 or after the date of the enactment of this ,act shall1 for purposes of subchapter ,,iii of chapter #hc and chapter #hd of title #e1 ,united ,states ,code1 be treated as service performed as a law enforcement officer 7within the meaning of such section #hcca7bj7 or #hdja7ag71 as appropriate71 but only if an appropriate written election is submitted to the ,office of ,personnel ,management within #e years after the date of the enactment of this ,act or before separation from ,government service1 whichever is earlier4 7#d7 ,individual contributions for prior service 7,a7 ,in general ,an individual who makes an election under paragraph 7#c77;,b7 may1 with respect to prior service performed by such individual1 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 7a7 had then been in effect4 7,b7 ,effect of not contributing ,if no part of or less than the full amount required under subparagraph 7,a7 is paid1 all prior service of the incumbent shall remain fully creditable as law enforcement officer service1 but the resulting annuity shall be reduced in a manner similar to that described in section #hccd7;d77#b7 of title #e1 ,united ,states ,code1 to the extent necessary to make up the amount unpaid4 7,c7 ,prior service defined ,for purposes of this subsection1 the term prior service means1 with respect to any individual who makes an election under paragraph 7#c77;,b71 service 7described in paragraph 7#a77 performed by such individual before the date as of which appropriate retirement deductions begin to be made in accordance with such election4 7#e7 ,government contributions for prior service 7,a7 ,in general ,if an incumbent makes an election under paragraph 7#c77;,b71 the agency in or under which that individual was serving at the time of any prior service 7referred to in paragraph 7#d77 shall remit to the ,office of ,personnel ,management1 for deposit in the ,treasury of the ,united ,states to the credit of the ,civil ,service ,retirement and ,disability ,fund1 the amount required under subparagraph 7,b7 with respect to such service4 7,b7 ,amount required ,the amount an agency is required to remit is1 with respect to any prior service1 the total amount of additional ,government contributions to the ,civil ,service ,retirement and ,disability ,fund 7above those actually paid7 that would have been required if the amendments made by subsection 7a7 had then been in effect4 7,c7 ,contributions to be made ratably ,government contributions under this paragraph on behalf of an incumbent shall be made by the agency ratably 7on at least an annual basis7 over the #aj-year period beginning on the date referred to in paragraph 7#d77;,c74 7#f7 ,exemption from mandatory separation ,nothing in section #hcce7;b7 or #hdbe7;b7 of title #e1 ,united ,states ,code1 shall cause the involuntary separation of a law enforcement officer 7as described in paragraph 7#a77 before the end of the #c-year period beginning on the date of the enactment of this ,act4 7#g7 ,regulations ,the ,office shall prescribe regulations to carry out this section1 including-- 7,a7 provisions in accordance with which interest on any amount under paragraph 7#d7 or 7#e7 shall be computed1 based on section #hccd7;e7 of title #e1 ,united ,states ,code2 and 7,b7 provisions for the application of this subsection in the case of-- 7i7 any individual who-- 7,i7 satisfies subparagraph 7,a7 7but not subparagraph 7,b77 of paragraph 7#b72 and 7,,ii7 serves as a law enforcement officer 7as described in paragraph 7#a77 after the date of the enactment of this ,act2 and 7ii7 any individual entitled to a survivor annuity 7based on the service of an incumbent1 or of an individual under clause 7i71 who dies before making an election under paragraph 7#c77;,b771 to the extent of any rights that would then be available to the decedent 7if still living74 7#h7 ,rule of construction ,nothing in this subsection shall be considered to apply in the case of a reemployed annuitant4 #fda4 ,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 ,patrol1 and shall immediately staff such office with a minimum of #ejj criminal investigators selected from within the ranks of the ,united ,states ,border ,patrol4 ,staffing levels shall be adjusted upward periodically in accordance with workload requirements4 #fdb4 ,establishment of specialized criminal investigator occupations ,the ,secretary of ,homeland ,security shall establish specialized ,criminal ,investigator occupations within the ,department3 one for the investigation of violations of immigration laws1 another for customs laws1 and a third for agriculture laws4 ,these divisions shall coordinate closely with each other under the direction of a high-level official within the ,department1 but shall report to separate operational chains of command4 #fdc4 ,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 #c years of field experience within the ,department or its predecessor agencies in the specialized area of law that will be investigated4 #fdd4 ,additional immigration enforcement agents ,in each of fiscal years #bjaj through #bjad1 the ,secretary of ,homeland ,security shall increase by not less than #ejj 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 year4 #fde4 ,increase ,united ,states ,border ,patrol agent and inspector pay 7a7 ,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 ,act1 the rate of basic pay for all employees of the ,department of ,homeland ,security described in subsection 7b7 shall be increased in accordance with subsection 7c74 7b7 ,employees described ,this section applies to any individual who1 as of the date of the enactment of this ,act-- 7#a7 is a journey level ,united ,states ,border ,patrol agent or immigration1 customs1 or agriculture inspector within the ,department of ,homeland ,security1 whose primary duties consist of enforcing the immigration1 customs1 or agriculture laws of the ,united ,states2 7#b7 has completed at least one year of service as a ,united ,states ,border ,patrol agent or inspector 7whether as an employee of the ,department of ,homeland ,security1 the ,department of ,justice1 or both agencies combined72 and 7#c7 is receiving an annual rate of basic pay for positions at ,,gs-#aa of the ,general ,schedule under section #eccb of title #e1 ,united ,states ,code4 7c7 ,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-#aa of the ,general ,schedule to the annual rate of basic pay for positions at ,,gs-#ac of such schedule4 #fdf4 ,fair ,labor ,standards ,act overtime ,notwithstanding any other provision of law1 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 ,act4 ,d ,enforcement tools ,to diminish entries using fraudulent documents and commercial alien smuggling #fea4 ,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 aliens4 #feb4 ,foreign language awards 7a7 ,special rules ,the ,secretary of ,homeland ,security shall apply section #debc of title #e1 ,united ,states ,code1 in conformance with the following3 7#a7 ,any law enforcement officer within the ,department of ,homeland ,security whose primary duties involve-- 7,a7 the enforcement of the immigration laws of the ,united ,states1 7,b7 the detention or transportation of violators of the immigration laws of the ,united ,states1 or 7,c7 both1 shall1 for purposes of such section #debc1 be presumed to make substantial use of a foreign language in the performance of such officer's official duties4 7#b7 7,a7 ,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 ,security4 7,b7 ,nothing in this paragraph shall1 in the case of any individual who does not satisfy subparagraph 7,a71 prevent such individual from being allowed to demonstrate foreign language proficiency in accordance with the criteria and procedures that would otherwise apply under such section4 7#c7 ,for purposes of applying subsection 7a7 of such section #debc1 substitute equal to for up to4 7b7 ,definition ,for purposes of this section1 the term law enforcement officer has the meaning given such term by section #deba of such title #e4 #fec4 ,additional personnel for investigation of fraudulent schemes and document fraud ,the ,secretary of ,homeland ,security shall hire at least #ajjj additional investigators for investigating fraudulent schemes1 including benefit application schemes1 and fraudulent documents used to enter or remain in the ,united ,states unlawfully4 #fed4 ,establish a special task force for coordinating and distributing information on fraudulent immigration documents 7a7 ,in general ,the ,secretary of ,homeland ,security shall establish a ,fraudulent ,documents ,task ,force to carry out the following3 7#a7 ,collect information from ,federal1 ,state1 and local law enforcement agencies1 and foreign governments on the production1 sale1 distribution and use of fraudulent documents intended to be used to enter1 travel or remain within the ,united ,states unlawfully4 7#b7 ,maintain the information described in subpart 7#a7 in a comprehensive database4 7#c7 ,maintain a repository of genuine and fraudulent travel and identity document exemplars4 7#d7 ,convert the information collected into reports that provide guidance to government officials in identifying fraudulent documents being used to enter into1 travel within or remain in the ,united ,states4 7#e7 ,develop a system for distributing these reports on an ongoing basis to appropriate ,federal1 ,state1 and local law enforcement agencies4 7b7 ,distribution of information ,the task force will distribute the reports to appropriate ,federal1 ,state1 and local law enforcement agencies on an ongoing basis4 #fee4 ,new nonimmigrant visa classification to enable informants to enter the ,united ,states and remain temporarily 7a7 ,in general ,section #aja7;a77#ae77,s7 7#h ,u4,s4,c4 #aaja7;a77#ae77,s77 is amended 7#a7 in clause 7i71 by striking or at the end2 7#b7 in clause 7ii71 by striking the comma at the end and inserting 2 or2 7#c7 by inserting after clause 7ii7 the following3 7iii7 who the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or the ,attorney ,general determines-- 7,i7 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 unlawfully2 7,,ii7 is willing to supply or has supplied such information to a ,federal or ,state court2 or 7,,iii7 whose presence in the ,united ,states the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or the ,attorney ,general determines is essential to the success of an authorized criminal investigation1 the successful prosecution of an individual involved in the commercial alien smuggling organization or enterprise1 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 unlawfully4 2 7#d7 by inserting 1 or with respect to clause 7iii71 the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or the ,attorney ,general after jointly2 and 7#e7 by striking 7i7 or 7ii7 and inserting 7i71 7ii71 or 7iii74 7b7 ,admission of nonimmigrants ,section #bad7k7 7#h ,u4,s4,c4 #aahd7k77 is amended-- 7#a7 by adding at the end of paragraph 7#a7 the following3 ,the number of aliens who may be provided a visa as nonimmigrants under section #aja7;a77#ae77,s77iii7 in any fiscal year may not exceed #djj42 and 7#b7 by adding at the end the following3 7#e7 ,if the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or the ,attorney ,general determines that a nonimmigrant described in clause 7iii7 of section #aja7;a77#ae77,s71 or that of any family member of such a nonimmigrant who is provided nonimmigrant status pursuant to such section1 must be protected1 such official may take such lawful action as the official considers necessary to effect such protection4 4 #fef4 ,adjustment of status when needed to protect informants ,section #bde7;j7 7#h ,u4,s4,c4 #abee7;j77 is amended-- 7#a7 in paragraph 7#c71 by striking 7#a7 or 7#b71 and inserting 7#a71 7#b71 7#c71 or 7#d712 7#b7 by redesignating paragraph 7#c7 as paragraph 7#e72 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 if1 in the opinion of the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or the ,attorney ,general-- 7,a7 a nonimmigrant admitted into the ,united ,states under section #aja7;a77#ae77,s77iii7 has supplied information described in subclause 7,i7 of such section2 and 7,b7 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 unlawfully1 the disruption of such an enterprise1 or the prosecution of an individual described in subclause 7,,iii7 of that section1 the ,secretary of ,homeland ,security may adjust the status of the alien 7and the spouse1 children1 married and unmarried sons and daughters1 and parents of the alien if admitted under that section7 to that of an alien lawfully admitted for permanent residence if the alien is not described in section #bab7;a77#c77;,e74 7#d7 ,the ,secretary of ,homeland ,security may adjust the status of a nonimmigrant admitted into the ,united ,states under section #aja7;a77#ae77,s77iii7 7and the spouse1 children1 married and unmarried sons and daughters1 and parents of the nonimmigrant if admitted under that section7 to that of an alien lawfully admitted for permanent residence on the basis of a recommendation of the ,secretary of ,state or the ,attorney ,general4 2 and 7#d7 by adding at the end the following3 7#f7 ,if the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or the ,attorney ,general determines that a person whose status is adjusted under this subsection must be protected1 such official may take such lawful action as the official considers necessary to effect such protection4 4 #feg4 ,rewards program 7a7 ,rewards program ,section #bgd 7#h ,u4,s4,c4 #acbd7 is amended by adding at the end the following3 7f7 ,rewards program 7#a7 ,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 section4 7#b7 ,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 investigation1 prosecution1 or disruption of a commercial alien smuggling operation4 7#c7 ,administration ,the rewards program shall be administered by the ,secretary of ,homeland ,security1 in consultation1 as appropriate1 with the ,attorney ,general and the ,secretary of ,state4 7#d7 ,rewards authorized ,in the sole discretion of the ,secretary of ,homeland ,security1 such ,secretary1 in consultation1 as appropriate1 with the ,attorney ,general and the ,secretary of ,state1 may pay a reward to any individual who furnishes information or testimony leading to-- 7,a7 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 aliens2 7,b7 the arrest or conviction of any individual committing such an act2 7,c7 the arrest or conviction of any individual aiding or abetting the commission of such an act2 7,d7 the prevention1 frustration1 or favorable resolution of such an act1 including the dismantling of an operation to produce or sell fraudulent documents to be used for entering or remaining in the ,united ,states1 or commercial alien smuggling operations1 in whole or in significant part2 or 7,e7 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 aliens4 7#e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this subsection4 ,amounts appropriated under this paragraph shall remain available until expended4 7#f7 ,ineligibility ,an officer or employee of any ,federal1 ,state1 local1 or foreign government who1 while in performance of his or her official duties1 furnishes information described in paragraph 7#d7 shall not be eligible for a reward under this subsection for such furnishing4 7#g7 ,protection measures ,if the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or the ,attorney ,general determines that an individual who furnishes information or testimony described in paragraph 7#d71 or any spouse1 child1 parent1 son1 or daughter of such an individual1 must be protected1 such official may take such lawful action as the official considers necessary to effect such protection4 7#h7 ,limitations and certification 7,a7 ,maximum amount ,no reward under this subsection may exceed #ajj1jjj1 except as personally authorized by the ,secretary of ,homeland ,security4 7,b7 ,approval ,any reward under this subsection exceeding #ej1jjj shall be personally approved by the ,secretary of ,homeland ,security4 7,c7 ,certification for payment ,any reward granted under this subsection shall be certified for payment by the ,secretary of ,homeland ,security4 4 #feh4 ,outreach program ,section #bgd 7#h ,u4,s4,c4 #acbd71 as amended by section #feg1 is further amended by adding at the end the following3 7g7 ,outreach program ,the ,secretary of ,homeland ,security1 in consultation1 as appropriate1 with the ,attorney ,general and the ,secretary of ,state1 shall develop and implement an outreach program to educate the public in the ,united ,states and abroad about-- 7#a7 the penalties for-- 7,a7 bringing in and harboring aliens in violation of this section2 and 7,b7 participating in a commercial operation for making1 or trafficking in1 documents to be used for entering or remaining in the ,united ,states unlawfully2 and 7#b7 the financial rewards and other incentives available for assisting in the investigation1 disruption1 or prosecution of a commercial smuggling operation or a commercial operation for making1 or trafficking in1 documents to be used for entering or remaining in the ,united ,states unlawfully4 4 ,,vii ,employment-based immigration #gja4 ,unfair immigration-related employment practices ,section #bgd;,b 7#h ,u4,s4,c4 #acbd;b7 is amended-- 7#a7 in subsection 7a77#e7-- 7,a7 by amending the paragraph heading to read ,prohibition of intimidation1 retaliation1 or unlawful discrimination in employment2 7,b7 by moving the text down and to the right #b ems2 7,c7 by inserting before such text the following3 7,a7 ,in general4--2 and 7,d7 by adding at the end the following3 7,b7 ,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 intimidating1 pressuring1 or coercing any such individual not to exercise any right protected by ,state or ,federal labor or employment law 7including section #g of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeg771 or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right4 7,c7 ,discrimination based on immigration status ,it is an unfair employment practice for any employer1 except to the extent specifically authorized or required by law1 to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status4 2 and 7#b7 in subsection 7c77#b71 by adding at the end the following3 ,the ,special ,counsel shall not disclose to the ,secretary of ,homeland ,security or any other government agency or employee1 and shall not cause to be published in a manner that discloses to the ,secretary of ,homeland ,security or any other government agency or employee1 any information obtained by the ,special ,counsel in any manner concerning the immigration status of any individual who has filed a charge under this section1 or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge4 ,the ,secretary of ,homeland ,security may not rely1 in whole or in part1 in any enforcement action or removal proceeding1 upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge4 ,for purposes of this paragraph1 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 ,counsel4 ,whoever knowingly uses1 publishes1 or permits information to be used in violation of this paragraph shall be fined not more than #aj1jjj44 #gjb4 ,department of ,labor task force ,the ,secretary of ,labor1 in consultation with the ,attorney ,general and the ,secretary of ,homeland ,security1 shall conduct a national study of ,american workplaces to determine the causes1 extent1 circumstances1 and consequences1 of exploitation of undocumented alien workers by their employers4 ,as part of this study1 the ,secretary of ,labor shall create a plan for targeted review of ,federal labor law enforcement in industries with a substantial immigrant workforce1 for the purpose of identifying1 monitoring1 and deterring frequent or egregious violators of wage and hour1 antidiscrimination1 ,national ,labor ,relations ,act1 and workplace safety and health requirements4 ,not later than #ah months after the date of the enactment of this ,act1 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 study4 #gjc4 ,recruitment of ,american workers ,section #bad 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 7#a7 ,no petition to accord employment status under the nonimmigrant classifications described in sections #aja7;a77#ae77;,e77iii7 and 7,h7 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 employee4 ,the recruitment efforts must have included substantial attempts to find employees in minority communities4 ,recruitment efforts in minority communities should include at least one of the following1 if appropriate for the employment being advertised3 7,a7 ,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 #e consecutive days4 7,b7 ,undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems4 7,c7 ,to the extent permitted by local laws and regulations1 engage in recruitment activities in secondary schools1 recreation centers1 community centers1 and other places throughout the communities within #ej miles of the job site that serve minorities4 7#b7 7,a7 ,the ,secretary of ,homeland ,security shall impose a #aj 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 retrained4 ,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 petitions4 ,at least #ej percent of the funds generated by this provision must be used to train ,american workers in rural and inner-city areas4 7,b7 ,the ,secretary of ,homeland ,security shall reserve and make available to the ,secretary of ,labor a portion of the funds collected under this paragraph4 ,such funds shall be used by the ,secretary of ,labor to establish an ,office to ,preserve ,american ,jobs within the ,department of ,labor4 ,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 labor1 giving substantial emphasis to hiring minority workers in the ,united ,states4 4 ,,viii ,fairness in ,removal ,proceedings #hja4 ,right to counsel ,section #bib 7#h ,u4,s4,c4 #acfb7 is amended by striking the matter after the section designation and inserting the following3 ,in any bond1 custody1 detention1 or removal proceedings before the ,attorney ,general and in any appeal proceedings before the ,attorney ,general from any such proceedings1 the person concerned shall have the privilege of being represented 7at no expense to the government7 by such counsel1 authorized to practice in such proceedings1 as he shall choose4 ,with consent of their clients1 counsel may enter appearances limited to bond1 custody1 or other specific proceedings44 #hjb4 ,presumption in favor of withdrawal of application for admission ,section #bce7;a77#d7 7#h ,u4,s4,c4 #abbe7;a77#d77 is amended to read as follows3 7#d7 ,withdrawal of application for admission 7,a7 ,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 time1 unless an immigration judge has rendered a decision with respect to the admissibility of the alien1 except that the ,attorney ,general may deny permission for the withdrawal when warranted by unusual circumstances4 7,b7 ,permissive withdrawal ,except as provided in subparagraph 7,a71 an alien applying for admission may1 in the discretion of the ,attorney ,general and at any time after a decision described in such subparagraph has been rendered1 be permitted to withdraw the application and depart immediately from the ,united ,states4 4 #hjc4 ,absences outside the control of the alien ,section #aja7;a77#ac77;,c7 7#h ,u4,s4,c4 #aaja7;a77#ac7;,c77 is amended by amending clause 7ii7 to read as follows3 7ii7 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 alien1 4 #hjd4 ,reinstatement of removal orders against aliens illegally reentering ,section #bda7;a77#e7 7#h ,u4,s4,c4 #abca7;a77#e77 is amended-- 7#a7 by inserting 1 after a hearing by an immigration judge1 after ,if2 7#b7 by inserting 1 on or after ,september #cj1 #aiif1 after alien has2 7#c7 by striking is reinstated and inserting may be deemed to be reinstated2 7#d7 by striking and is not subject and all that follows through under this ,act2 and 7#e7 by striking the period at the end and inserting the following3 subject to reopening and review of the previous order4 ,nothing in this section shall preclude an alien from applying for any relief from removal under this ,act44 #hje4 ,permanent application of ,section #bde7;i7 ,section #bde7;i7 7#h ,u4,s4,c4 #abee7;i77 is amended-- 7#a7 by inserting and at the end of paragraph 7#a77;,a72 7#b7 by amending paragraph 7#a77;,b7 to read as follows3 7,b7 who is the beneficiary 7including a spouse or child of the principal alien7 of-- 7i7 a petition for classification under section #bjd2 or 7ii7 an application for a labor certification under section #bab7;a77#e77;,a72 2 7#c7 by striking paragraph 7#a77;,c72 and 7#d7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security4 #hjf4 ,discretionary waiver of inadmissibility based on unlawful presence1 failure to attend removal proceedings1 and misrepresentations 7a7 ,in general ,section #bab7;i7 7#h ,u4,s4,c4 #aahb7;i77 is amended to read as follows3 7i7 ,the ,secretary of ,homeland ,security may waive the application of subparagraph 7,a77i7 or 7,b71 or clause 7i7 or 7ii7 of subparagraph 7,c71 of subsection 7a77#f7 in the case of an immigrant who is the parent1 spouse1 child1 son1 or daughter of a ,united ,states citizen or of an alien lawfully admitted to the ,united ,states for permanent residence1 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 parent1 spouse1 child1 son1 or daughter4 4 7b7 ,conforming amendments ,section #bab7;a77#f7 7#h ,u4,s4,c4 #aahb7;a77#f77 is amended-- 7#a7 in subparagraph 7,a71 by adding at the end the following3 7iii7 ,waiver authorized ,for a provision authorizing the waiver of clause 7i71 see subsection 7i74 2 7#b7 in subparagraph 7,b7-- 7,a7 by inserting 7i7 after the subparagraph heading2 and 7,b7 by adding at the end the following3 7ii7 ,waiver authorized ,for a provision authorizing the waiver of clause 7i71 see subsection 7i74 2 and 7#c7 in subparagraph 7,c77iii71 by inserting or 7ii7 after 7i74 #hjg4 ,waiver of inadmissibility for minor criminal offenses ,section #bab7;h7 7#h ,u4,s4,c4 #aahb7;h77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking offense of simple possession of #cj grams or less of marijuana and inserting controlled substance offense for which the alien was not incarcerated for a period exceeding #a year2 and 7#b7 by striking the final two sentences4 #hjh4 ,general waiver for aliens previously removed and for the unlawful presence bars 7a7 ,in general ,section #bab7;d7 7#h ,u4,s4,c4 #aahb7;d77 is amended by adding at the end the following3 7#ad7 ,the ,secretary of ,homeland ,security may1 in the discretion of the ,secretary1 for humanitarian purposes1 to assure family unity1 or when it is otherwise in the public interest1 waive the application of subparagraph 7,a7 or 7,b77i7 of subsection 7a77#i74 4 7b7 ,conforming amendment ,section #bab7;a77#i77;,b7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b77 is amended by striking clause 7v74 #hji4 ,waiver of aggravated felony consequences ,section #aja 7#h ,u4,s4,c4 #aaja7 is amended by adding at the end the following3 7j7 ,for purposes of this ,act1 and notwithstanding subsection 7a77#dc71 the ,secretary of ,homeland ,security may treat any conviction that did not result in incarceration for more than #a year as if such conviction were not a conviction for an aggravated felony4 ,this discretion may be exercised for humanitarian purposes1 to assure family unity1 or when it is otherwise in the public interest4 4 #haj4 ,discretionary waiver to admit persons in unusual circumstances 7a7 ,new general waiver ,section #bab7;d7 7#h ,u4,s4,c4 #aahb7;d77 is amended by adding at the end the following3 7#ae7 ,the ,secretary of ,homeland ,security may1 in the discretion of such ,secretary for humanitarian purposes1 to assure family unity1 or when it is otherwise in the public interest1 waive the application of subparagraph 7,b7 or 7,g7 of subsection 7a77#f71 clause 7i7 or 7ii7 of subsection 7a77#i77;,a71 or subsection 7a77#i77;,b77i71 in unusual circumstances4 ,for purposes of the preceding sentence1 an instance of battering or extreme cruelty is deemed to constitute unusual circumstances in the case where it is inflicted on an alien 7or a child of an alien7 by the alien's ,united ,states citizen or lawful permanent resident spouse1 parent1 child1 son1 or daughter4 4 7b7 ,waiver for aliens previously removed 7#a7 ,certain aliens previously removed ,section #bab7;a77#i77;,a7 7#h ,u4,s4,c4 #aahb7;a77#i77;,a77 is amended by adding at the end the following3 7iv7 ,waiver authorized ,for provision authorizing waiver of clause 7i7 or 7ii71 see subsection 7d77#ac74 4 7#b7 ,aliens unlawfully present ,section #bab7;a77#i77;,b77v7 7#h ,u4,s4,c4 #aahb7;,a77#i77;,b77v77 is amended to read as follows3 7v7 ,waiver authorized ,for provision authorizing waiver of clause 7i71 see subsection 7d77#ac74 4 #haa4 ,restoration of suspension of deportation 7a7 ,cancellation of removal ,section #bdj;,a7a77#c7 7#h ,u4,s4,c4 #abbi;b7a77#c77 is amended to read as follows3 7#c7 has not been convicted of an aggravated felony for which the sentence imposed is five years or more4 4 7b7 ,repeal of rule for termination of continuous period 7#a7 ,section #bdj;,a7d77#a7 7#h ,u4,s4,c4 #abbi;b7d77#a77 7#h ,u4,s4,c4 #abbi;b7a77 is repealed4 7#b7 ,section #bdj;,a7d7 7#h ,u4,s4,c4 #abbi;b7 is amended-- 7,a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#a7 and 7#b71 respectively2 and 7,b7 by inserting before the period at the end of paragraph 7#a7 7as redesignated7 the following3 1 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 alien4 7c7 ,cancellation of removal and ,adjustment for certain nonpermanent residents ,section #bdj;,a7b77#a7 7#h ,u4,s4,c4 #abbi;b7b77#a77 is amended to read as follows3 7#a7 ,in general ,the ,secretary of ,homeland ,security may cancel removal in the case of an alien who is inadmissible or deportable from the ,united ,states if the alien-- 7,a7 has been physically present in the ,united ,states for a continuous period of-- 7i7 #g years immediately preceding the date of application in the case of an alien-- 7,i7 who is deportable on any ground other than a ground specified in clause 7ii77,i72 and 7,,ii7 whose deportation would1 in the opinion of the ,attorney ,general1 result in extreme hardship to the alien or the alien's spouse1 child1 parent1 son1 or daughter1 who is a citizen of the ,united ,states or an alien lawfully admitted for permanent residence2 or 7ii7 #aj years immediately preceding the date of application in the case of an alien-- 7,i7 who is deportable for conviction of an offense under section #bab7;a77#b71 #bcg7;a77#b71 or #bcg7;a77#c72 and 7,,ii7 whose deportation would1 in the opinion of the ,attorney ,general1 result in exceptional and extremely unusual hardship to the alien or the alien's spouse1 parent1 child1 son1 or daughter1 who is a citizen of the ,united ,states or an alien lawfully admitted for permanent residence2 and 7,b7 has been a person of good moral character during such period4 4 7d7 ,elimination of annual limitation ,section #bdj;,a 7#h ,u4,s4,c4 #abbi;b7 is amended by striking subsection 7e74 ,,ix ,removal ,grounds ,based on ,criminal ,offenses #ija4 ,definition of moral turpitude 7a7 ,equitable ,definition of ,moral ,turpitude 7#a7 ,conviction of certain crimes ,section #bab7;a77#b77;,a77i7 7#h ,u4,s4,c4 #aahb7;a77#b77;,a77i77 is amended by striking of1 or who admits having committed1 or who admits committing acts which constitute the essential elements of-- and inserting of--4 7#b7 ,exception ,section #bab7;a77#b77;,a77ii77,,ii7 7#h ,u4,s4,c4 #aahb7;a77#b77;,a77ii77,,ii77 is amended-- 7,a7 by striking the maximum and all that follows through such crime12 and 7,b7 by striking #f months and inserting #a year4 7b7 ,equitable definition of crimes of moral turpitude ,section #bcg7;a77#b77;,a77i77,,ii7 7#h ,u4,s4,c4 #abbg7;a77#b77;,a77i77,,ii77 is amended to read as follows3 7,,ii7 for which the alien has been incarcerated for a period exceeding one year1 4 #ijb4 ,aggravated felony definitions 7a7 ,in ,general ,section #aja7;a77#dc7 7#h ,u4,s4,c4 #aaja7;a77#dc77 is amended by striking ,the term aggravated felony means-- and inserting ,the term aggravated felony means a felony that is--4 7b7 ,illicit trafficking ,section #aja7;a77#dc77;,b7 7#h ,u4,s4,c4 #aaja7;a77#dc77;,b77 is amended by striking ,code72 and inserting ,code71 except it does not include simple possession of a controlled substance24 7c7 ,crimes of violence and theft offenses ,subparagraphs 7,f71 7,g71 7,r71 and 7,s7 of section #aja7;a77#dc7 7#h ,u4,s4,c4 #aaja7;a77#dc77;,f71 7,g71 7,r71 and 7,s77 are each amended by striking imprisonment and all that follows through the semicolon and inserting imprisonment of more than five years24 7d7 ,corrupt organizations and gambling offenses ,section #aja7;a77#dc77;,j7 7#h ,u4,s4,c4 #aaja7;a77#dc77;,j77 is amended by inserting more than five years after the words sentence of4 7e7 ,alien smuggling ,section #aja7;a77#dc77,n7 7#h ,u4,s4,c4 #aja7;a77#dc77,n77 is amended-- 7#a7 by inserting committed for the purpose of commercial advantage1 after smuggling712 and 7#b7 by adding at the end a semicolon4 #ijc4 ,definitions of conviction and term of imprisonment ,section #aja7;a77#dh7 7#h ,u4,s4,c4 #aaja7;a77#dh77 is amended-- 7#a7 in subparagraph 7,a71 by striking court and all that follows through the period at the end and inserting court4 ,an adjudication or judgment of guilt that has been expunged1 deferred1 annulled1 invalidated1 withheld1 or vacated1 an order of probation without entry of judgment1 or any similar disposition shall not be considered a conviction for purposes of this ,act42 and 7#b7 in subparagraph 7,b7-- 7,a7 by inserting only after deemed to include2 and 7,b7 by striking court of law and all that follows through the period at the end and inserting court of law4 ,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 part44 7i7 ,for purposes of this ,act1 and notwithstanding subsection 7a77#dc71 the ,attorney ,general may treat any conviction that did not result in incarceration for more than #a year as if such conviction were not a conviction for an aggravated felony4 4 #ijd4 ,eliminating retroactive changes in removal grounds 7a7 ,application of aggravated felony definition ,the last sentence of section #aja7;a77#dc7 7#h ,u4,s4,c4 #aaja7;a77#dc77 is amended to read as follows3 ,the term shall not apply to any offense that was not covered by the term on the date on which the offense occurred44 7b7 ,grounds of deportability ,section #bcg 7#h ,u4,s4,c4 #abbg7 is amended by adding at the end the following3 7e7 ,notwithstanding any other provision of this section1 an alien is not deportable by reason of committing any offense that was not a ground of deportability on the date the offense occurred4 4 7c7 ,grounds of inadmissibility ,section #bab 7#h ,u4,s4,c4 #aahb7 is amended by adding at the end the following3 7u7 ,notwithstanding any other provision of this section1 an alien is not inadmissible by reason of committing any offense that was not a ground of inadmissibility on the date the offense occurred4 4 #ije4 ,eliminating unfair retroactive changes in removal rules for persons previously removed 7a7 ,in general ,the ,secretary of ,homeland ,security shall establish a process by which an alien described in subsection 7b7 may apply for reopening a proceeding so as to seek relief from exclusion1 deportation1 or removal under section #bab7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;c771 as such section was in effect prior to the enactment of the ,antiterrorism and ,effective ,death ,penalty ,act of #aiif 7,public ,law #ajd-acb71 or section #bdj;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;b71 as amended by this ,act4 7b7 ,alien described ,an alien referred to in subsection 7a7 is an alien who received a final order of exclusion1 deportation1 or removal1 or a decision on a petition for review or petition for habeas corpus1 on or after ,september #cj1 #aiif1 and who was-- 7#a7 excluded1 deported1 or removed from the ,united ,states by reason of having committed a criminal offense that was not a basis for removal1 exclusion1 or deportation on the date on which the offense was committed2 7#b7 excluded1 deported1 or removed from the ,united ,states by reason of having committed a criminal offense that is not a basis for removal1 exclusion1 or deportation on the date of enactment of this ,act2 or 7#c7 excluded1 deported1 or removed from the ,united ,states by reason of having committed a criminal offense prior to ,april #bd1 #aiif1 for which there was relief from exclusion1 deportation1 or removal available prior to such date4 7c7 ,parole ,the ,secretary of ,homeland ,security may1 in the ,secretary's discretion1 exercise the parole authority under section #bab7;d77#e77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77;,a77 for the purpose of permitting aliens excluded1 deported1 or removed from the ,united ,states to participate in the process established under subsection 7a71 if the alien establishes prima facie eligibility for the relief4 ,x ,diversity ,visas #ajja4 ,increase in worldwide level of diversity immigrants ,section #bja7;e7 7#h ,u4,s4,c4 #aaea7;e77 is amended by striking #ee1jjj and inserting #aaj1jjj4 ,,xi ,haitian ,parity #aaja4 ,adjustment of status for ,haitians 7a7 ,in general ,chapter #e of title ,,ii 7#h ,u4,s4,c4 #abee et seq471 as amended by section #bjb1 is further amended by inserting after section #bde;,c the following3 #bde;,d4 ,adjustment of status of certain ,haitian nationals ,notwithstanding the provisions of section #bde7;c71 the status of any alien who is a national or citizen of ,haiti1 and who has been physically present in the ,united ,states for at least one year1 may be adjusted by the ,secretary of ,homeland ,security1 in the ,secretary's discretion and under such regulations as the ,secretary may prescribe1 to that of an alien lawfully admitted for permanent residence1 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 residence4 ,upon approval of such an application for adjustment of status1 the ,secretary shall create a record of the alien's admission for permanent residence as of a date #cj months prior to the filing of such an application or the date of the alien's last arrival into the ,united ,states1 whichever date is later4 ,the provisions of this ,act shall be applicable to the spouse and child of any alien described in this section1 regardless of their citizenship and place of birth1 if the spouse or child is residing with such alien in the ,united ,states4 4 7b7 ,clerical amendment ,the table of contents as amended by section #bjb1 is further amended by inserting after the item relating to section #bde;,c the following3 ,sec4 #bde;,d4 ,adjustment of status of certain ,haitian nationals4 4 7c7 ,sunset ,the amendments made by this section shall cease to be effective on the date that is #c years after the date of the enactment of this ,act4 #aajb4 ,limitation on bond discretion ,section #bcf 7#h ,u4,s4,c4 #abbf7 is amended by adding at the end the following3 7f7 ,exercise of authority for arrest1 detention1 and release ,the ,secretary of ,homeland ,security shall exercise the discretion afforded under subsection 7a7 on a case-by-case basis4 ,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 policy1 the finding of such adverse consequences shall be based on circumstances pertaining to the individual alien whose release is being considered4 4 #aajc4 ,elimination of mandatory detention in expedited removal proceedings ,section #bce7;b77#a77;,b77iii77,,iv7 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77iii77,,iv77 is amended to read as follows3 7,,iv7 ,detention ,aliens subject to the procedures under this clause shall be detained in accordance with section #bcf4 4 #aajd4 ,amendments to ,haitian and ,immigrant ,fairness ,act of #aiih 7a7 ,ground for inadmissibility for document fraud does not apply ,the ,haitian ,refugee ,immigration ,fairness ,act of #aiih 7#h ,u4,s4,c4 #abee note7 is amended in subsections 7a77#a77;,b7 and 7d77#a77;,d7 of section #ijb by inserting 7#f77;,c77i71 after 7#f77;,a714 7b7 ,determinations with respect to children ,section #ijb7;d7 of such ,act is amended by adding at the end the following3 7#c7 ,determinations with respect to children 7,a7 ,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 section4 7,b7 ,application submission by parent ,notwithstanding paragraph 7#a77;,c71 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 child1 if the child is physically present in the ,united ,states on such filing date4 4 #aaje4 ,new applications and motions to reopen 7a7 ,new applications ,notwithstanding section #ijb7;a77#a77;,a7 of the ,haitian and ,immigrant ,fairness ,act of #aiih 7#h ,u4,s4,c4 #abee note71 an alien who is eligible for adjustment of status under such ,act1 as amended by section #hjd of this ,act1 may submit an application for adjustment of status under such ,act not later than the later of-- 7#a7 #b years after the date of the enactment of this ,act2 and 7#b7 #a year after the date on which final regulations implementing section #hjd are promulgated4 7b7 ,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 #aiih that are affected by the amendments made by section #aajd of this ,act4 7c7 ,relationship of application to certain orders ,section #ijb7;a77#c7 of the ,haitian and ,immigrant ,fairness ,act of #aiih 7#h ,u4,s4,c4 #abee note7 shall apply to an alien present in the ,united ,states who has been ordered excluded1 deported1 removed1 or ordered to depart voluntarily1 and who files an application under subsection 7a71 or a motion under subsection 7b71 in the same manner as such section #ijb7;a77#c7 applied to aliens filing applications for adjustment of status under such ,act before ,april #a1 #bjjj4 #aajf4 ,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 #bdd7;b77#a77;,a7 of the ,immigration and ,nationality 7#h ,u4,s4,c4 #abed7;b77#a77;,a774 ,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 country4 ,,xii ,fairness in asylum and refugee proceedings #abja4 ,refugee status for unmarried sons and daughters of refugees ,section #bjg7;c77#b7 7#h ,u4,s4,c4 #aaeg7;c77#b77 is amended by adding at the end the following3 7,c7 ,when warranted by unusual circumstances or to preserve family unity1 the ,attorney ,general may1 in the ,attorney ,general's discretion1 consider an unmarried son or daughter of a refugee to be a child of the refugee for purposes of this paragraph4 4 #abjb4 ,asylee status for unmarried sons and daughters of asylees ,section #bjh7;b77#c7 7#h ,u4,s4,c4 #aaeh7;b77#c77 is amended by adding at the end the following3 7,d7 ,when warranted by unusual circumstances or to preserve family unity1 the ,secretary of ,homeland ,security may1 in the ,secretary's discretion1 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 paragraph4 4 #abjc4 ,elimination of arbitrary time limits on asylum applications ,section #bjh7;a77#b7 7#h ,u4,s4,c4 #aaeh7;a77#b77 is amended-- 7#a7 by striking subparagraph 7,b72 7#b7 in subparagraph 7,c71 by striking 7,d71 and inserting 7,c712 7#c7 in subparagraph 7,d7-- 7,a7 by striking subparagraphs 7,b7 and 7,c71 and inserting subparagraph 7,b712 7,b7 by striking either2 and 7,c7 by striking asylum or extraordinary and all that follows through the period at the end and inserting asylum42 and 7#d7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,b7 and 7,c71 respectively4 #abjd4 ,gender-based persecution 7a7 ,treatment as refugee ,section #aja7;a77#db7 7#h ,u4,s4,c4 #aaja7;a77#db77 is amended by adding at the end the following3 7,c7 ,for purposes of determinations under this ,act1 a person who establishes that he or she suffered persecution in the past1 or has a well-founded fear of persecution1 on account of gender shall be considered to have suffered persecution1 or to have a well-founded fear of persecution1 on account of membership in a particular social group4 4 7b7 ,restriction on removal to country where alien would be threatened ,section #bda7;b77#c7 7#h ,u4,s4,c4 #abca7;b77#c77 is amended by adding at the end the following3 7,d7 ,gender-based persecution ,for purposes of determinations under this paragraph1 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 group4 4 ,,xiii ,temporary protected status #acja4 ,adjustment of status for certain recipients of temporary protected status 7a7 ,in general ,section #bde 7#h ,u4,s4,c4 #abee7 is amended by adding at the end the following3 7n7 7#a7 ,if1 in the opinion of the ,secretary of the ,homeland ,security ,department1 a person granted temporary protected status under section #bdd-- 7,a7 has been physically present in the ,united ,states in that status for a continuous period of at least #e years2 7,b7 has at all times been a person of good moral character2 7,c7 has never been convicted of a criminal offense in the ,united ,states2 7,d7 in the case of an alien who is #ah years of age or older1 but who is not over the age of #fe1 has successfully completed a course on reading1 writing1 and speaking words in ordinary usage in the ,english language1 unless unable to do so on account of physical or developmental disability or mental impairment2 7,e7 in the case of an alien #ah years of age or older1 has accepted the values and cultural life of the ,united ,states2 and 7,f7 in the case of an alien #ah years of age or older1 has performed at least #dj hours of community service2 the ,secretary may adjust the status of the alien to that of an alien lawfully admitted for permanent residence4 7#b7 ,an alien shall not be considered to have failed to maintain a continuous presence in the ,united ,states for purposes of subsection 7a77#a7 by virtue of brief1 casual1 and innocent absences from the ,united ,states4 7#c7 7,a7 ,the alien shall establish that the alien is admissible to the ,united ,states as immigrant1 except as otherwise provided in paragraph 7#b74 7,b7 ,the provisions of paragraphs 7#e71 7#f77;,a71 7#f77;,b71 7#f77;,c71 7#f77;,f71 7#f77;,g71 7#g77;,a71 7#i77;,b71 and 7#i77;,c77i77,i7 of section #bab7;a7 shall not apply in the determination of an alien's admissibility under this section4 7#d7 ,when an alien is granted lawful permanent resident status under this subsection1 the number of immigrant visas authorized to be issued under any provision of this ,act shall not be reduced4 ,the numerical limitations of sections #bja and #bjb shall not apply to adjustment of status under this section4 7#e7 ,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 section4 4 7b7 ,limitation on consideration in the ,senate of legislation adjusting status ,section #bdd 7#h ,u4,s4,c4 #abed;a7 is amended by striking subsection 7h7 and redesignating subsection 7i7 as subsection 7h74 #acjb4 ,foreign ,state designations ,section #bdd7;b77#a77;,c7 7#h ,u4,s4,c4 #abed;a7b77#a77;,c77 is amended by striking 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 safety1 and inserting the ,secretary of ,homeland ,security finds that extraordinary and temporary conditions in the foreign state make returning aliens to the state undesirable for humanitarian reasons14 ,,xiv ,miscellaneous provisions #adja4 ,naturalization provisions 7a7 ,physical presence requirement ,section #caf 7#h ,u4,s4,c4 #adbg7 is amended by adding at the end the following3 7g7 ,when warranted by extraordinary circumstances1 the ,secretary of ,homeland ,security may reduce1 by not more than #ij days1 the physical presence requirement described in the preceding sentence4 4 7b7 ,absences from the ,united ,states ,section #caf7;b7 7#h ,u4,s4,c4 #adbg7;b77 is amended-- 7#a7 in the first sentence1 by striking one year and inserting #ah months2 and 7#b7 in the second sentence1 by striking continuous period of one year and inserting continuous period of #ah months4 #adjb4 ,preventing inappropriate ,state and local government involvement in the enforcement of civil immigration provisions under the ,immigration and ,nationality ,act 7a7 ,elimination of ban on ,state and local governments from preventing communications with the ,department of ,homeland ,security 7#a7 ,in general ,section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc7 is repealed4 7#b7 ,verification of eligibility for ,federal public benefits ,section #dcb of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afdb7 is repealed4 7b7 ,elimination of authority ,to permit ,state personnel ,to carry out immigration officer functions ,section #bhg7;g7 7#h ,u4,s4,c4 #aceg7;g77 is repealed4 #adjc4 ,nonimmigrant category for fashion models 7a7 ,elimination of ,h-#a;,b classification for fashion models ,section #aja7;a77#ae77;,h77i77b7 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b77 is amended-- 7#a7 by striking or as a fashion model2 and 7#b7 by striking or1 in the case of a fashion model1 is of distinguished merit and ability4 7b7 ,new classification ,section #aja7;a77#ae77,o7 7#h ,u4,s4,c4 #aaja7;a77#ae77,o77 is amended-- 7#a7 in clause 7iii71 by striking clause 7i7 or 7ii7 and inserting clause 7i71 7ii71 or 7iii7 and by redesignating clause 7iii7 as clause 7iv72 and 7#b7 by inserting after clause 7ii7 the following new clause3 7iii7 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 for1 or a record of1 utilizing prominent modeling talent2 or 4 7c7 ,effective date and implementation 7#a7 ,in general ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 7#b7 ,regulations1 guidelines1 and precedents ,the regulations1 guidelines1 and precedents in effect on the date of the enactment of this ,act for the adjudication of petitions for fashion models under section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b77 shall be applied to petitions for fashion model under section #aja7;a77#ae77,o77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,o77iii771 as added by this section1 except that the duration of status approvals shall be based on regulations applicable to other occupations under section #aja7;a77#ae77,o7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,o774 7#c7 ,construction ,nothing in this section1 or the amendments made by this section1 shall be construed as preventing an alien who is a fashion model from obtaining nonimmigrant status under section #aja7;a77#ae77,o77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,o77i77 if such alien is otherwise qualified for such status4 7#d7 ,treatment of pending petitions ,petitions filed on behalf of fashion models under section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b77 that are pending on the date of the enactment of this ,act shall be treated as if they had been filed under section #aja7;a77#ae77,o77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,o77iii771 as added by this section4 7#e7 ,visa validity period ,the validity period for visas issued to beneficiaries of petitions filed under section #aja7;a77#ae77,o77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,o77iii77 shall be for the full period of approval notwithstanding the reciprocity validity periods that would otherwise be applicable4