,,ii #aadth ,,congress #ast ,session ,s4 #abi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #h1 #bjae,mr4 ,johnson introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to repeal executive immigration overreach1 to clarify that the proper constitutional authority for immigration policy belongs to the legislative branch1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,repeal ,executive ,amnesty ,act of #bjae4 7b7 ,table of contents ,the table of contents is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,severability4 ,,title ,i--,parole authority ,sec4 #aja4 ,parole reform4 ,sec4 #ajb4 ,adjustment of status limited to aliens admitted to the ,united ,states4 ,sec4 #ajc4 ,presence in the ,united ,states pursuant to parole added to priority date4 ,sec4 #ajd4 ,admission and lawful presence required for employment authorization4 ,,title ,,ii--,limitation on ,executive overreach ,sec4 #bja4 ,denial of funds for implementation of unauthorized actions4 ,sec4 #bjb4 ,prohibition on hiring by ,u4,s4 ,citizenship and ,immigration ,services4 ,,title ,,iii--,unaccompanied alien children ,sec4 #cja4 ,repatriation of unaccompanied alien children4 ,sec4 #cjb4 ,special immigrant juvenile status for immigrants unable to reunite with either parent4 ,sec4 #cjc4 ,modifications to preferential availability for asylum for unaccompanied alien minors4 ,sec4 #cjd4 ,unaccompanied alien child defined4 ,,title ,,iv--,eligibility criteria for aliens to receive certain benefits ,sec4 #dja4 ,aliens without lawful status ineligible to receive social security and medicare benefits4 ,sec4 #djb4 ,applying citizenship and immigration status eligibility criteria for ,federal programs to ,affordable ,care ,act benefits4 ,sec4 #djc4 ,aliens paroled into the ,united ,states ineligible for ,federal public benefits4 ,,title ,v--,state and local enforcement of the immigration laws ,sec4 #eja4 ,definitions4 ,sec4 #ejb4 ,immigration law enforcement by ,states and localities4 ,sec4 #ejc4 ,immunity4 ,sec4 #ejd4 ,federal custody of inadmissible and deportable aliens in the ,united ,states apprehended by ,state or local law enforcement4 ,sec4 #eje4 ,state ,criminal ,alien ,assistance ,program 7,,scaap74 ,sec4 #ejf4 ,limitation on ,state receipt of ,federal funding4 ,sec4 #ejg4 ,,ice detainers4 ,sec4 #ejh4 ,preservation of the ,secure ,communities program and removal of deportable aliens identified under the interoperable law enforcement and intelligence electronic data system4 ,,title ,,vi--,asylum ,reform and ,border ,protection ,sec4 #fja4 ,clarification of intent regarding taxpayer-provided counsel4 ,sec4 #fjb4 ,credible fear interviews4 ,sec4 #fjc4 ,recording expedited removal and credible fear interviews4 ,sec4 #fjd4 ,safe third country4 ,,title ,,vii--,miscellaneous ,sec4 #gja4 ,suspension of effectiveness of certain laws4 ,sec4 #gjb4 ,temporary protected status reform4 #b4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 is held invalid1 the remainder of this ,act1 and the application of such provision to other persons not similarly situated or to other circumstances1 shall not be affected by such invalidation4 ,i ,parole authority #aja4 ,parole reform 7a7 ,in general ,paragraph 7#e7 of section #bab7;d7 7#h ,u4,s4,c4 #aahb7;d77 is amended to read as follows3 7#e7 ,humanitarian and public interest parole 7,a7 ,in general ,subject to the provisions of this paragraph and section #bad7;f77#b71 the ,secretary of ,homeland ,security1 in the sole discretion of the ,secretary of ,homeland ,security1 may on a case-by-case basis parole an alien into the ,united ,states temporarily1 under such conditions as the ,secretary of ,homeland ,security may prescribe1 only-- 7i7 for an urgent humanitarian reason 7as described under subparagraph 7,b772 or 7ii7 for a reason deemed strictly in the public interest 7as described under subparagraph 7,c774 7,b7 ,humanitarian parole ,the ,secretary of ,homeland ,security may parole an alien based on an urgent humanitarian reason described in this subparagraph only if-- 7i7 the alien has a medical emergency and the alien cannot obtain necessary treatment in the foreign state in which the alien is residing or the medical emergency is life-threatening and there is insufficient time for the alien to be admitted through the normal visa process2 7ii7 the alien is needed in the ,united ,states in order to donate an organ or other tissue for transplant into a close family member2 or 7iii7 the alien has a close family member in the ,united ,states whose death is imminent and the alien could not arrive in the ,united ,states in time to see such family member alive if the alien were to be admitted through the normal visa process4 7,c7 ,public interest parole ,the ,secretary of ,homeland ,security may parole an alien based on a reason deemed strictly in the public interest described in this subparagraph only if the alien has assisted the ,united ,states ,government in a matter1 such as a criminal investigation1 espionage1 or other similar law enforcement activity1 and either the alien's presence in the ,united ,states is required by the ,government or the alien's life would be threatened if the alien were not permitted to come to the ,united ,states4 7,d7 ,limitations on the use of parole authority 7i7 ,aliens ineligible for refugee status ,the ,secretary of ,homeland ,security may not use the parole authority under this paragraph to permit to come to the ,united ,states aliens who have applied for and have been found to be ineligible for refugee status or any alien to whom the provisions of this paragraph do not apply4 7ii7 ,aliens present in the ,united ,states ineligible for parole ,the ,secretary of ,homeland ,security may not parole into the ,united ,states an alien who-- 7,i7 is physically present in the ,united ,states2 and 7,,ii7 7aa7 has not been admitted to the ,united ,states2 or 7bb7 was lawfully admitted to the ,united ,states as a nonimmigrant and remained in the ,united ,states unlawfully after the period of authorized stay ended4 7iii7 ,limitation on work authorization and adjustment of status ,in the case of an alien who is present in the ,united ,states pursuant to a grant of parole under this paragraph1 the ,secretary of ,homeland ,security may not-- 7,i7 grant employment authorization to the alien2 or 7,,ii7 admit the alien to the ,united ,states as a nonimmigrant or as an alien admitted for lawful permanent residence4 7,e7 ,parole not an admission ,parole of an alien under this paragraph shall not be considered an admission of the alien into the ,united ,states4 ,when the purposes of the parole of an alien have been served1 as determined by the ,secretary of ,homeland ,security1 the alien shall immediately return or be returned to the custody from which the alien was paroled and the alien shall be considered for admission to the ,united ,states on the same basis as other similarly situated applicants for admission4 7,f7 ,report to ,congress ,not later than #ij days after the end of each fiscal year1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate and the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives a report describing the number and categories of aliens paroled into the ,united ,states under this paragraph4 ,each such report shall contain information and data concerning the number and categories of aliens paroled1 the duration of parole1 and the current status of aliens paroled during the preceding fiscal year4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the first day of the first month beginning more than #fj days after the date of the enactment of this ,act4 #ajb4 ,adjustment of status limited to aliens admitted to the ,united ,states ,subsection 7a7 of section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 is amended by striking or paroled4 #ajc4 ,presence in the ,united ,states pursuant to parole added to priority date ,section #bjc7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;e77 is amended-- 7#a7 in paragraph 7#c71 by striking the period at the end and inserting 1 in accordance with the requirement under paragraph 7#d742 and 7#b7 by adding at the end the following3 7#d7 ,in the case of an applicant for a visa under this section who is present in the ,united ,states pursuant to a grant of parole under section #bab7;d77#e7 for a period of time after making such application1 the time period during which the applicant is present in the ,united ,states pursuant to such a grant of parole shall be added to the applicant's priority date4 4 #ajd4 ,admission and lawful presence required for employment authorization ,paragraph 7#c7 of section #bgd;,a7h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77 is amended-- 7#a7 by inserting an alien otherwise admitted to the ,united ,states and present in the ,united ,states with a lawful immigration status1 who is before authorized to be so employed by this ,act2 and 7#b7 by striking or by the ,attorney ,general4 ,,ii ,limitation on ,executive overreach #bja4 ,denial of funds for implementation of unauthorized actions ,notwithstanding any other provision of law1 no funds or fees made available to the ,secretary of ,homeland ,security1 or to the head of any other ,federal agency1 may be used to implement1 administer1 enforce1 or carry out 7including through the issuance of any regulations7 any of the policy changes set forth in the following memoranda3 7#a7 ,the memorandum from the ,director of ,u4,s4 ,immigration and ,customs ,enforcement entitled ,civil ,immigration ,enforcement3 ,priorities for the ,apprehension1 ,detention1 and ,removal of ,aliens 7,march #b1 #bjaa74 7#b7 ,the memorandum from the ,director of ,u4,s4 ,immigration and ,customs ,enforcement entitled ,exercising ,prosecutorial ,discretion ,consistent with the ,civil ,immigration ,enforcement ,priorities of the ,agency for the ,apprehension1 ,detention1 and ,removal of ,aliens 7,june #ag1 #bjaa74 7#c7 ,the memorandum from the ,director of ,u4,s4 ,immigration and ,customs ,enforcement entitled ,prosecutorial ,discretion3 ,certain ,victims1 ,witnesses1 and ,plaintiffs 7,june #ag1 #bjaa74 7#d7 ,the ,u4,s4 ,citizenship and ,immigration ,services policy memorandum entitled ,revised ,guidance for the ,referral of ,cases and ,issuance of ,notices to ,appear 7,n,t,as7 in ,cases ,involving ,inadmissible and ,removable ,aliens 7,november #ag1 #bjaa74 7#e7 ,the memorandum from the ,principal ,legal ,advisor of ,u4,s4 ,immigration and ,customs ,enforcement entitled ,case-by-,case ,review of ,incoming and ,certain ,pending ,cases 7,november #ag1 #bjaa74 7#f7 ,the recommendations included in the report from the ,director of ,u4,s4 ,immigration and ,customs ,enforcement entitled ,,ice ,response to the ,task ,force on ,secure ,communities ,findings and ,recommendations 7,april #bg1 #bjab74 7#g7 ,the memorandum from the ,secretary of ,homeland ,security entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children 7,june #ae1 #bjab74 7#h7 ,the memorandum from the ,director of ,u4,s4 ,immigration and ,customs ,enforcement entitled ,civil ,immigration ,enforcement3 ,guidance on the ,use of ,detainers in the ,federal1 ,state1 ,local1 and ,tribal ,criminal ,justice ,systems 7,december #ba1 #bjab74 7#i7 ,the ,u4,s4 ,citizenship and ,immigration ,services policy memorandum entitled ,adjudication of ,adjustment of ,status ,applications for ,individuals ,admitted to the ,united ,states ,under the ,visa ,waiver ,program 7,november #ad1 #bjac74 7#aj7 ,the memorandum from the ,secretary of ,homeland ,security entitled ,southern ,border and ,approaches ,campaign 7,november #bj1 #bjad74 7#aa7 ,the memorandum from the ,secretary of ,homeland ,security entitled ,policies for the ,apprehension1 ,detention and ,removal of ,undocumented ,immigrants 7,november #bj1 #bjad74 7#ab7 ,the memorandum from the ,secretary of ,homeland ,security entitled ,secure ,communities 7,november #bj1 #bjad74 7#ac7 ,the memorandum from the ,secretary of ,homeland ,security entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children and with ,respect to ,certain ,individuals ,who ,are the ,parents of ,u4,s4 ,citizens or ,permanent ,residents 7,november #bj1 #bjad74 7#ad7 ,the memorandum from the ,secretary of ,homeland ,security entitled ,expansion of the ,provisional ,waiver ,program 7,november #bj1 #bjad74 7#ae7 ,the memorandum from the ,secretary of ,homeland ,security entitled ,policies ,supporting ,u4,s4 ,high-,skilled ,businesses and ,workers 7,november #bj1 #bjad74 7#af7 ,the memorandum from the ,secretary of ,homeland ,security entitled ,families of ,u4,s4 ,armed ,forces ,members and ,enlistees 7,november #bj1 #bjad74 7#ag7 ,the memorandum from the ,secretary of ,homeland ,security entitled ,directive to ,provide ,consistency ,regarding ,advance ,parole 7,november #bj1 #bjad74 7#ah7 ,the memorandum from the ,secretary of ,homeland ,security entitled ,policies to ,promote and ,increase ,access to ,u4,s4 ,citizenship 7,november #bj1 #bjad74 7#ai7 ,the memorandum from the ,president entitled ,modernizing and ,streamlining the ,u4,s4 ,immigrant ,visa ,system for the #bast ,century 7,november #ba1 #bjad74 7#bj7 ,the memorandum from the ,president entitled ,creating ,welcoming ,communities and ,fully ,integrating ,immigrants and ,refugees 7,november #ba1 #bjad74 #bjb4 ,prohibition on hiring by ,u4,s4 ,citizenship and ,immigration ,services ,the head of ,u4,s4 ,citizenship and ,immigration ,services may not appoint an individual to any position in ,u4,s4 ,citizenship and ,immigration ,services until after the date that the ,president rescinds each memorandum described in paragraphs 7#aj7 through 7#bj7 of section #bja4 ,,iii ,unaccompanied alien children #cja4 ,repatriation of unaccompanied alien children 7a7 ,in general ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 by amending the heading to read as follows3 ,rules for unaccompanied alien children42 7ii7 in subparagraph 7,a72 7,i7 in the matter preceding clause 7i71 by striking who is a national or habitual resident of a country that is contiguous with the ,united ,states2 7,,ii7 in clause 7i71 by inserting and at the end2 7,,iii7 in clause 7ii71 by striking 2 and and inserting a period2 and 7,,iv7 by striking clause 7iii72 7iii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking 7#h ,u4,s4,c4 #aaja et seq47 may-- and inserting 7#h ,u4,s4,c4 #aaja et seq47--2 7,,ii7 in clause 7i71 by inserting before permit such child to withdraw the following3 may2 and 7,,iii7 in clause 7ii71 by inserting before return such child the following3 shall2 and 7iv7 in subparagraph 7,c7-- 7,i7 by amending the heading to read as follows3 ,agreements with foreign countries42 and 7,,ii7 in the matter preceding clause 7i71 by striking ,the ,secretary of ,state shall negotiate agreements between the ,united ,states and countries contiguous to the ,united ,states and inserting ,the ,secretary of ,state may negotiate agreements between the ,united ,states and any foreign country that the ,secretary determines appropriate2 and 7,b7 in paragraph 7#e77;,d7-- 7i7 in the matter preceding clause 7i71 by striking 1 except for an unaccompanied alien child from a contiguous country subject to the exceptions under subsection 7a77#b71 and inserting who does not meet the criteria listed in paragraph 7#b77;,a72 and 7ii7 in clause 7i71 by inserting before the semicolon at the end the following3 1 which shall include a hearing before an immigration judge not later than #ad days after being screened under paragraph 7#d72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking #dh hours and inserting #g days2 7ii7 in subparagraph 7,a71 by inserting before the semicolon the following3 believed not to meet the criteria listed in subsection 7a77#b77;,a72 and 7iii7 in subparagraph 7,b71 by inserting before the period the following3 and does not meet the criteria listed in subsection 7a77#b77;,a72 and 7,b7 in paragraph 7#c71 by striking an unaccompanied alien child in custody shall and all that follows1 and inserting the following3 an unaccompanied alien child in custody-- 7,a7 in the case of a child who does not meet the criteria listed in subsection 7a77#b77;,a71 shall transfer the custody of such child to the ,secretary of ,health and ,human ,services not later than #cj days after determining that such child is an unaccompanied alien child who does not meet such criteria2 or 7,b7 in the case of child who meets the criteria listed in subsection 7a77#b77;,a71 may transfer the custody of such child to the ,secretary of ,health and ,human ,services after determining that such child is an unaccompanied alien child who meets such criteria4 2 7#c7 by adding at the end the following3 7#e7 ,information sharing ,the ,secretary of ,health and ,human ,services shall share with the ,secretary of ,homeland ,security any information requested on a child who has been determined to be an unaccompanied alien child and who is or has been in the custody of the ,secretary of ,health and ,human ,services1 including the location of the child and any person to whom custody of the child has been transferred1 for any legitimate law enforcement objective1 including enforcement of the immigration laws4 2 and 7#d7 in subsection 7c7-- 7,a7 in paragraph 7#c71 by inserting at the end the following3 7,d7 ,information about individuals with whom children are placed 7i7 ,information to be provided to homeland security ,before placing a child with an individual1 the ,secretary of ,health and ,human ,services shall provide to the ,secretary of ,homeland ,security1 regarding the individual with whom the child will be placed1 the following information3 7,i7 ,the name of the individual4 7,,ii7 ,the social security number of the individual4 7,,iii7 ,the date of birth of the individual4 7,,iv7 ,the location of the individual's residence where the child will be placed4 7,v7 ,the immigration status of the individual1 if known4 7,,vi7 ,contact information for the individual4 7ii7 ,special rule ,in the case of a child who was apprehended on or after ,june #ae1 #bjab1 and before the date of the enactment of the ,repeal ,executive ,amnesty ,act of #bjae1 who the ,secretary of ,health and ,human ,services placed with an individual1 the ,secretary shall provide the information listed in clause 7i7 to the ,secretary of ,homeland ,security not later than #ij days after the date of the enactment of the ,repeal ,executive ,amnesty ,act of #bjae4 7iii7 ,activities of the secretary of homeland security ,not later than #cj days after receiving the information listed in clause 7i71 the ,secretary of ,homeland ,security shall-- 7,i7 in the case that the immigration status of an individual with whom a child is placed is unknown1 investigate the immigration status of that individual2 and 7,,ii7 upon determining that an individual with whom a child is placed is unlawfully present in the ,united ,states1 initiate removal proceedings pursuant to chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq474 2 and 7,b7 in paragraph 7#e7-- 7i7 by inserting after to the greatest extent practicable the following3 7at no expense to the ,government72 and 7ii7 by striking have counsel to represent them and inserting have access to counsel to represent them4 7b7 ,effective date ,the amendments made by this section shall apply to any unauthorized alien child apprehended on or after ,june #ae1 #bjab4 #cjb4 ,special immigrant juvenile status for immigrants unable to reunite with either parent ,section #aja7;a77#bg77;,j77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j77i77 is amended by striking #a or both of the immigrant's parents and inserting either of the immigrant's parents4 #cjc4 ,modifications to preferential availability for asylum for unaccompanied alien minors ,section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended-- 7#a7 by striking subsection 7a77#b77;,e72 and 7#b7 by striking subsection 7b77#c77;,c74 #cjd4 ,unaccompanied alien child defined ,section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b77 is amended to read as follows3 7#b7 ,the term unaccompanied alien child-- 7,a7 means an alien who-- 7i7 has no lawful immigration status in the ,united ,states2 7ii7 has not attained #ah years of age2 and 7iii7 with respect to whom-- 7,i7 there is no parent or legal guardian in the ,united ,states2 7,,ii7 no parent or legal guardian in the ,united ,states is available to provide care and physical custody2 or 7,,iii7 no sibling over #ah years of age1 aunt1 uncle1 grandparent1 or cousin over #ah years of age is available to provide care and physical custody2 except that 7,b7 such term shall cease to include an alien if at any time a parent1 legal guardian1 sibling over #ah years of age1 aunt1 uncle1 grandparent1 or cousin over #ah years of age of the alien is found in the ,united ,states and is available to provide care and physical custody 7and the ,secretary of ,homeland ,security and the ,secretary of ,health and ,human ,services shall revoke accordingly any prior designation of the alien under this paragraph74 4 ,,iv ,eligibility criteria for aliens to receive certain benefits #dja4 ,aliens without lawful status ineligible to receive social security and medicare benefits ,section #dja7;b7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afaa7;b77 is amended-- 7#a7 in paragraph 7#b71 by adding at the end the following3 ,for purposes of this paragraph1 the term alien who is lawfully present in the ,united ,states means an alien who has been admitted to the ,united ,states1 and whose period of lawful admission has not expired1 and does not include an alien who is present in the ,united ,states pursuant to a grant of parole under section #bab7;d77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e7742 and 7#b7 in paragraph 7#c71 by adding at the end the following3 ,for purposes of this paragraph1 the term alien who is lawfully present in the ,united ,states has the meaning given such term in paragraph 7#b744 #djb4 ,applying citizenship and immigration status eligibility criteria for ,federal programs to ,affordable ,care ,act benefits 7a7 ,applying qualified alien eligibility criteria to ,,aca benefits 7#a7 ,temporary high risk health insurance pool program ,section #aaja7;d77#a7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjja7;d77#a77 is amended by striking or is lawfully present and all that follows through section #adaa7 and inserting or is a qualified alien 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda771 as determined in accordance with section #adaa4 7#b7 ,eligibility to participate in ,exchanges ,section #acab7;f77#c7 of such ,act 7#db ,u4,s4,c4 #ahjcb7;f77#c77 is amended-- 7,a7 in the paragraph heading1 by inserting certain after limited to2 and 7,b7 by striking an alien lawfully present in the ,united ,states and inserting an alien who is a qualified alien 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda774 7#c7 ,state health programs for low-income individuals not eligible for ,medicaid ,section #acca7;e77#a77;,b7 of such ,act 7#db ,u4,s4,c4 #ahjea7;e77#a77;,b77 is amended by striking lawfully present in the ,united ,states and inserting who is a qualified alien 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda774 7#d7 ,tax credit providing premium assistance for coverage under qualified health plans ,section #cf;,b of the ,internal ,revenue of #aihf is amended-- 7,a7 in subsection 7c77#a77;,b7-- 7i7 in the heading1 by striking individuals lawfully present in the ,united ,states and inserting qualified aliens2 and 7ii7 in clause 7ii71 by striking an alien lawfully present in the ,united ,states and inserting an alien who is a qualified alien 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda772 and 7,b7 in subsection 7e77#b71 by striking lawfully present in the ,united ,states and inserting who is a qualified alien 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda774 7#e7 ,reduced cost-sharing for certain individuals under qualified health plans ,section #adjb7;e77#b7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga7;e77#b77 is amended by striking lawfully present in the ,united ,states and inserting who is a qualified alien 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda774 7#f7 ,eligibility determinations ,section #adaa of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjha7 is amended-- 7,a7 in subsection 7a77#a71 by striking an alien lawfully present in the ,united ,states and inserting a qualified alien 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda772 and 7,b7 in subsection 7c77#b77;,b7-- 7i7 in clause 7i77,i71 by striking an alien lawfully present in the ,united ,states and inserting a qualified alien 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda772 and 7ii7 in clause 7ii77,,ii71 by striking an alien lawfully present in the ,united ,states and inserting a qualified alien 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda774 7#g7 ,advance determination and payment of premium tax credits and cost-sharing reductions ,section #adab7;d7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjhb7;d77 is amended-- 7,a7 in the heading1 by striking ,lawfully ,present and inserting citizens1 nationals1 or qualified aliens2 and 7,b7 by striking not lawfully present in the ,united ,states and inserting not citizens or nationals of the ,united ,states or aliens who are qualified aliens 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda774 7#h7 ,minimum essential coverage requirement ,section #ejjj;,a7d77#c7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in the heading1 by striking lawfully present and inserting citizens1 nationals1 or qualified aliens2 and 7,b7 by striking an alien lawfully present in the ,united ,states and inserting a qualified alien 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda774 7#i7 ,medicaid population ,section #aijc7v77#a7 of the ,social ,security ,act is amended by striking who is not lawfully admitted for permanent residence or otherwise permanently residing in the ,united ,states under color of law and inserting who is not a qualified alien 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda774 7b7 ,clarification that certain ,,aca benefits treated as ,federal public benefits ,section #dja7;c7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afaa7;c77 is amended by adding at the end the following new paragraph3 7#c7 ,in applying paragraph 7#a71 the following assistance and benefits are treated as health benefits described in paragraph 7#a77;,b73 7,a7 ,enrollment under the temporary high risk health insurance pool program under section #aaja of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjja74 7,b7 ,participation in an ,exchange established under title ,i of the ,patient ,protection and ,affordable ,care ,act4 7,c7 ,participation in the health program established under section #acca7;a7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjea74 7,d7 ,allowance of a tax credit under section #cf;,b of the ,internal ,revenue ,code of #aihf4 7,e7 ,reduction of cost-sharing under qualified health plans under section #adjb of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga74 7,f7 ,provision of advance payments under section #adab of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjhb74 4 7c7 ,clarification ,that ,certain ,,aca ,benefits ,treated as ,federal ,means-,tested ,public ,benefits ,section #djc7;c7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac7;c77 is amended by adding at the end the following new paragraph3 7#c7 ,in applying this section1 assistance and benefits described in section #dja7;c77#c7 are treated as ,federal means-tested public benefits to which subsection 7a7 applies4 4 7d7 ,effective date 7#a7 ,in general ,subject to paragraph 7#b71 the amendments made by this section shall apply to coverage months beginning more than #abj days after the date of the enactment of this ,act4 7#b7 ,transition for current enrollees ,in the case of an individual who is being provided assistance or benefits described in paragraph 7#c7 of section #dja7;c7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afaa7;c771 as added by subsection 7b71 as of the date of the enactment of this ,act1 the amendments made by this section 7other than the amendments made by subsection 7a77#h77 shall not apply with respect to such assistance or benefits provided to such individual for coverage months before ,january of the year after the date of enactment of this ,act4 #djc4 ,aliens paroled into the ,united ,states ineligible for ,federal public benefits ,section #dca7;b7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda7;b77 is amended by striking paragraph 7#d74 ,v ,state and local enforcement of the immigration laws #eja4 ,definitions ,in this title3 7#a7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#b7 ,state ,the term ,state has the meaning given to such term in section #aja7;a77#cf7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#cf774 #ejb4 ,immigration law enforcement by ,states and localities ,law enforcement personnel of a ,state1 or of a political subdivision of a ,state1 may investigate1 identify1 apprehend1 arrest1 detain1 or transfer to ,federal custody aliens for the purposes of enforcing the immigration laws of the ,united ,states to the same extent as ,federal law enforcement personnel4 ,law enforcement personnel of a ,state1 or of a political subdivision of a ,state1 may also investigate1 identify1 apprehend1 arrest1 or detain aliens for the purposes of enforcing the immigration laws of a ,state or of a political subdivision of ,state4 ,law enforcement personnel of a ,state1 or of a political subdivision of a ,state1 may not remove aliens from the ,united ,states4 #ejc4 ,immunity ,notwithstanding any other provision of law1 a law enforcement officer of a ,state or local law enforcement agency who is acting within the scope of the officer's official duties shall be immune1 to the same extent as a ,federal law enforcement officer1 from personal liability arising out of the performance of any duty described in this title1 including the authorities to investigate1 identify1 apprehend1 arrest1 detain1 or transfer to ,federal custody1 an alien for the purposes of enforcing the immigration laws of the ,united ,states 7as defined in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag777 or the immigration laws of a ,state or a political subdivision of a ,state4 #ejd4 ,federal custody of inadmissible and deportable aliens in the ,united ,states apprehended by ,state or local law enforcement 7a7 ,in general ,title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 is amended by inserting after section #bdj;,c the following3 #bdj;,d4 ,custody of inadmissible and deportable aliens present in the ,united ,states 7a7 ,transfer of custody by ,state and local officials ,if a ,state1 or a political subdivision of a ,state1 exercising authority with respect to the apprehension or arrest of an inadmissible or deportable alien submits to the ,secretary of ,homeland ,security a request that the alien be taken into ,federal custody1 notwithstanding any other provision of law1 regulation1 or policy the ,secretary-- 7#a7 shall take the alien into custody not later than #dh hours after the request has been issued following the conclusion of the ,state or local charging process or dismissal process1 or if no ,state or local charging or dismissal process is required1 the ,secretary shall issue a detainer and take the alien into custody not later than #dh hours after the alien is apprehended1 in order to determine whether the alien should be detained1 placed in removal proceedings1 released1 or removed2 and 7#b7 shall request that the relevant ,state or local law enforcement agency temporarily hold the alien in their custody or transport the alien for transfer to ,federal custody4 7b7 ,policy on detention in ,federal1 contract1 ,state1 or local detention facilities ,in carrying out section #bda7;g77#a71 the ,attorney ,general or ,secretary of ,homeland ,security shall ensure that an alien arrested under this title shall be held in custody1 pending the alien's examination under this section1 in a ,federal1 contract1 ,state1 or local prison1 jail1 detention center1 or other comparable facility4 ,notwithstanding any other provision of law1 regulation or policy1 such facility is adequate for detention1 if-- 7#a7 such a facility is the most suitably located ,federal1 contract1 ,state1 or local facility available for such purpose under the circumstances2 7#b7 an appropriate arrangement for such use of the facility can be made2 and 7#c7 the facility satisfies the standards for the housing1 care1 and security of persons held in custody by a ,united ,states ,marshal4 7c7 ,reimbursement ,the ,secretary of ,homeland ,security shall reimburse a ,state1 or a political subdivision of a ,state1 for all reasonable expenses1 as determined by the ,secretary1 incurred by the ,state1 or political subdivision1 as a result of the incarceration and transportation of an alien who is inadmissible or deportable as described in subsections 7a7 and 7b74 ,compensation provided for costs incurred under such subsections shall be the average cost of incarceration of a prisoner in the relevant ,state1 as determined by the chief executive officer of a ,state1 or of a political subdivision of a ,state1 plus the cost of transporting the alien from the point of apprehension to the place of detention1 and to the custody transfer point if the place of detention and place of custody are different4 7d7 ,secure facilities ,the ,secretary of ,homeland ,security shall ensure that aliens incarcerated pursuant to this title are held in facilities that provide an appropriate level of security4 7e7 ,transfer 7#a7 ,in general ,in carrying out this section1 the ,secretary of ,homeland ,security shall establish a regular circuit and schedule for the prompt transfer of apprehended aliens from the custody of ,states1 and political subdivisions of a ,state1 to ,federal custody4 7#b7 ,contracts ,the ,secretary may enter into contracts1 including appropriate private contracts1 to implement this subsection4 4 7b7 ,clerical amendment ,the table of contents of such ,act is amended by inserting after the item relating to section #bdj;,c the following new item3 ,sec4 #bdj;,d4 ,custody of inadmissible and deportable aliens present in the ,united ,states4 4 #eje4 ,state ,criminal ,alien ,assistance ,program 7,,scaap7 ,subparagraph 7,a7 of section #bda7;i77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;i77#c77 is amended by inserting charged with or before convicted4 #ejf4 ,limitation on ,state receipt of ,federal funding 7a7 ,in general ,a ,state or political subdivision of a ,state that has in place a law or policy described in subsection 7b7 may not receive-- 7#a7 grants made under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq472 7#b7 grants made under part ,q of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd et seq472 or 7#c7 compensation under section #bda7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;i774 7b7 ,law or policy described ,a law or policy is described in this subsection if the law or policy-- 7#a7 is in contravention of section #fdb7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc7;a772 7#b7 prohibits or restricts law enforcement officers of that ,state or political subdivision from collecting information relating to an individual's immigration status2 or 7#c7 prohibits or restricts compliance with1 or the honoring of detainers issued by ,immigration and ,customs ,enforcement4 #ejg4 ,,ice detainers ,section #bhg7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d77 is amended in the matter preceding paragraph 7#a71 by striking law relating to controlled substances1 and inserting law14 #ejh4 ,preservation of the ,secure ,communities program and removal of deportable aliens identified under the interoperable law enforcement and intelligence electronic data system ,section #bjb of the ,enhanced ,border ,security and ,visa ,entry ,reform ,act of #bjjb 7#h ,u4,s4,c4 #agbb7 is amended-- 7#a7 in subsection 7a77#b71 by adding at the end the following3 ,compliance with the requirements of this paragraph shall include1 at a minimum1 the operation of the ,secure ,communities program1 as in effect on ,november #ai1 #bjad42 and 7#b7 by adding at the end the following3 7c7 ,required action ,upon receiving notice under the interoperable law enforcement and intelligence electronic data system established under subsection 7a7 that a deportable alien is in the custody of ,federal1 ,state1 or local law enforcement1 the ,secretary of ,homeland ,security shall1 following the conclusion of the charging process1 dismissal process1 or completion of the alien's sentence1 as appropriate1 issue a detainer1 take the alien into custody1 and initiate removal proceedings under section #bch or #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbh1 #abbi;a71 as appropriate4 4 ,,vi ,asylum ,reform and ,border ,protection #fja4 ,clarification of intent regarding taxpayer-provided counsel ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,in any removal2 7#b7 by striking 7at no expense to the ,government72 and 7#c7 by adding at the end the following3 7b7 ,no expense to the ,government ,notwithstanding any other provision of law1 in no instance shall the ,government bear any expense for counsel for any person in removal proceedings or in any appeal proceedings before the ,attorney ,general from any such removal proceedings4 4 #fjb4 ,credible fear interviews ,section #bce7;b77#a77;,b77v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77v77 is amended by striking #bjh4 and inserting #bjh1 and it is more probable than not that the statements made by the alien in support of the alien's claim are true44 #fjc4 ,recording expedited removal and credible fear interviews 7a7 ,in general ,the ,secretary of ,homeland ,security shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the ,department of ,homeland ,security exercising expedited removal authority under section #bce7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77 are asked in a uniform manner1 and that both these questions and the answers provided in response to them are recorded in a uniform fashion4 7b7 ,factors relating to sworn statements ,where practicable1 any sworn or signed written statement taken of an alien as part of the record of a proceeding under section #bce7;b77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,a77 shall be accompanied by a recording of the interview which served as the basis for that sworn statement4 7c7 ,interpreters ,the ,secretary shall ensure that a competent interpreter1 not affiliated with the government of the country from which the alien may claim asylum1 is used when the interviewing officer does not speak a language understood by the alien and there is no other ,federal1 ,state1 or local government employee available who is able to interpret effectively1 accurately1 and impartially4 7d7 ,recordings in immigration proceedings ,recordings of interviews of aliens subject to expedited removal shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien4 7e7 ,no private right of action ,nothing in this section shall be construed to create any right1 benefit1 trust1 or responsibility1 whether substantive or procedural1 enforceable in law or equity by a party against the ,united ,states1 its departments1 agencies1 instrumentalities1 entities1 officers1 employees1 or agents1 or any person1 nor does this section create any right of review in any administrative1 judicial1 or other proceeding4 #fjd4 ,safe third country ,section #bjh7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77;,a77 is amended-- 7#a7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7#b7 by striking removed1 pursuant to a bilateral or multilateral agreement1 to and inserting removed to4 ,,vii ,miscellaneous #gja4 ,suspension of effectiveness of certain laws 7a7 ,waiver of inadmissibility of aliens unlawfully present ,section #bab7;a77#i77;,b77v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b77v77 is suspended during the period beginning on the date of the enactment of this ,act and ending on ,january #bj1 #bjag4 7b7 ,designation for temporary protected status ,no foreign state may be designated or redesignated under section #bdd7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7b77 during the period beginning on the date of the enactment of this ,act and ending on ,january #bj1 #bjag4 ,the preceding sentence shall not be construed to affect any extension of a designation under paragraph 7#c77;,c7 of such section1 if the designation was made prior to the date of the enactment of this ,act4 #gjb4 ,temporary protected status reform ,section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c71 by striking subparagraphs 7,b7 and 7,c7 and redesignating subparagraph 7,d7 as subparagraph 7,b72 and 7,b7 in paragraph 7#e71 by striking to deny temporary protected status to an alien based on the alien's immigration status or2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking 1 and any extended period of designation12 7ii7 in subparagraph 7,b71 by striking or1 if later1 the expiration of the most recent previous extension under subparagraph 7,c72 and 7iii7 in subparagraph 7,c71 by striking is extended for and all that follows1 and inserting may be extended for one additional period of up to #ah months1 in the discretion of the ,attorney ,general42 and 7,b7 in paragraph 7#e77;,b71 by striking the second sentence2 7#c7 in subsection 7c77#a77;,a7-- 7,a7 in clause 7iii71 by striking and at the end2 7,b7 in clause 7iv71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding after clause 7iv7 the following3 7v7 the alien had lawful immigration status in the ,united ,states on the effective date of the most recent designation of that state4 2 and 7#d7 in subsection 7g71 by striking aliens who are or may become otherwise deportable or have been paroled into the ,united ,states and inserting aliens who may become otherwise deportable4