,i #aafth ,,congress #ast ,session ,h4 ,r4 #echc ,,in ,,the ,,house ,,of ,,representatives ,december #aj1 #bjai ,mr4 ,garca of ,illinois 7for himself1 ,ms4 ,jayapal1 ,ms4 ,bass1 ,ms4 ,pressley1 ,mr4 ,grijalva1 ,ms4 ,velzquez1 ,ms4 ,haaland1 ,ms4 ,tlaib1 ,ms4 ,escobar1 ,ms4 ,omar1 ,ms4 ,garcia of ,texas1 ,mr4 ,espaillat1 ,ms4 ,ocasio-,cortez1 ,ms4 ,judy ,chu of ,california1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,ms4 ,lee of ,california1 ,mr4 ,rush1 ,mr4 ,blumenauer1 ,mr4 ,takano1 ,ms4 ,barragn1 ,mr4 ,mc,govern1 ,ms4 ,meng1 ,mrs4 ,napolitano1 ,ms4 ,schakowsky1 ,ms4 ,wilson of ,florida1 ,mr4 ,serrano1 ,ms4 ,clarke of ,new ,york1 ,ms4 ,norton1 ,mrs4 ,watson ,coleman1 ,mr4 ,vargas1 ,mr4 ,crdenas1 ,mr4 ,brown of ,maryland1 ,mr4 ,johnson of ,georgia1 ,mr4 ,correa1 and ,mr4 ,meeks7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to reform the process for enforcing the immigration laws of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,new ,way ,forward ,act4 ,i ,end ,mandatory ,detention and ,require ,probable ,cause for ,arrest #aja4 ,phase-out of private for-profit detention facilities and use of jails 7a7 ,secure detention facilities ,beginning on the date of the enactment of this ,act1 the ,secretary of ,homeland ,security may not enter into1 or extend1 any contract with any public or private for-profit entity that owns or operates a detention facility for use of that facility to detain aliens in the custody of the ,department of ,homeland ,security1 and shall terminate any such contract not later than the date that is #c years after the date of the enactment of this ,act4 ,beginning on the date that is #c years after the date of the enactment of this ,act1 any facility at which aliens in the custody of the ,department of ,homeland ,security are detained shall be owned and operated by the ,department of ,homeland ,security4 7b7 ,non-,secure detention programs ,beginning on the date of the enactment of this ,act1 the ,secretary of ,homeland ,security may not enter into1 or extend1 any contract with any public or private for-profit entity that owns or operates a program or facility that provides for non-residential detention-related activities for aliens who are subject to monitoring by the ,department of ,homeland ,security1 and shall terminate any such contact not later than the date that is #c years after the date of the enactment of this ,act4 ,beginning on the date that is #c years after the date of the enactment of this ,act1 any such program or facility shall be owned and operated by a nonprofit organization or by the ,department of ,homeland ,security4 7c7 ,publication of plan ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary shall develop1 and make publicly available1 a plan and timeline for the implementation of this section4 #ajb4 ,procedures for detaining aliens 7a7 ,custody and bond determinations ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended-- 7#a7 by striking subsections 7a7 through 7c7 and inserting the following3 7a7 ,arrest1 detention1 and release 7#a7 ,in general ,on a warrant issued by an immigration judge1 or pursuant to section #bhg7;a77#b71 the ,secretary of ,homeland ,security may arrest an alien and1 in accordance with this section1 may1 pending a decision on whether the alien is to be removed from the ,united ,states-- 7,a7 detain the alien2 or 7,b7 release the alien-- 7i7 on bond2 7ii7 subject to conditions2 or 7iii7 on the alien's own recognizance4 7#b7 ,exception ,this section shall not apply to an unaccompanied alien child 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b7774 ,such an alien shall be transferred to the custody of the ,secretary of ,health and ,human ,services pursuant to section #bce7;b77#c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77#c774 7b7 ,custody and bond determinations 7#a7 ,initial determination ,not later than #dh hours after taking an alien into custody1 the ,secretary of ,homeland ,security shall make an initial custody determination with regard to that alien1 and provide that determination in writing to the alien4 ,if the ,secretary determines that the release without conditions of an alien will not reasonably assure the appearance of the alien as required or will endanger the safety of any other person or the community1 the custody determination under this paragraph will impose the least restrictive conditions1 as described in paragraph 7#d74 7#b7 ,timing ,if an alien seeks to challenge the initial custody determination under paragraph 7#a71 the alien shall be provided with the opportunity for a hearing before an immigration judge to determine whether the alien should be detained1 which hearing shall occur not later than #gb hours after the initial custody determination1 except that an immigration judge may grant a reasonable continuance upon the alien's request for additional time to prepare for the hearing4 7#c7 ,presumption of release ,in a hearing under this subsection1 there shall be a rebuttable presumption that the alien should be released4 ,the ,government shall have the duty of rebutting this presumption by clear and convincing evidence based on credible and individualized information that establishes that the use of alternatives to detention will not reasonably assure the appearance of the alien at removal proceedings1 or that the alien is a threat to another person or the community4 ,the fact that an alien has a prior conviction or a criminal charge pending against the alien may not be the sole factor to justify the continued detention of the alien4 7#d7 ,least restrictive conditions required ,if an immigration judge determines pursuant to a hearing under this section that the release without conditions of an alien will not reasonably assure the appearance of the alien as required or will endanger the safety of any other person or the community1 the immigration judge shall order the least restrictive conditions1 or combination of conditions1 that the judge determines will reasonably assure the appearance of the alien as required and the safety of any other person and the community1 which may include secured or unsecured release on bond1 or participation in a program described in subsection 7i74 ,any conditions assigned to an alien pursuant to this paragraph shall be reviewed by the immigration judge on a monthly basis4 7#e7 ,bond determination ,in the case that an immigration judge makes a determination to release an alien on bond under subsection 7a77#a77;,b77i71 the immigration judge shall consider1 for purposes of setting the amount of the bond1 the alien's financial resources and ability to pay the bond without imposing financial hardship on the alien4 7#f7 ,special rule for vulnerable persons and primary caregivers ,in a case in which an alien who is the subject of a custody determination under this subsection is a vulnerable person or a primary caregiver1 the alien may not be detained unless the ,government shows1 in addition to the requirements under paragraph 7#c71 that it is unreasonable or not practicable to place the individual in a community-based supervision program4 7#g7 ,definition ,in this subsection1 the term vulnerable person means an individual who-- 7,a7 is under #ba years of age or over #fj years of age2 7,b7 is pregnant2 7,c7 identifies as lesbian1 gay1 bisexual1 transgender1 or intersex2 7,d7 is victim or witness of a crime2 7,e7 has filed a nonfrivolous civil rights claim in ,federal or ,state court2 7,f7 has a serious mental or physical illness or disability2 7,g7 has been determined by an asylum officer in an interview conducted under section #bce7;b77#a77;,b7 to have a credible fear of persecution or a reasonable fear of persecution under section #bjh4ca or #bda4h7;e7 of title #h1 ,code of ,federal ,regulations 7as in effect on the date of the enactment of the ,new ,way ,forward ,act72 7,h7 has limited ,english language proficiency and is not provided access to appropriate and meaningful language services in a timely fashion2 or 7,i7 has been determined by an immigration judge or the ,secretary of ,homeland ,security to be experiencing severe trauma or to be a survivor of torture or gender-based violence1 based on information obtained during intake1 from the alien's attorney or legal service provider1 or through credible self-reporting4 7c7 ,subsequent determinations ,an alien who is detained under this section shall be provided with a de novo custody determination hearing under this subsection every #fj days1 as well as upon showing of a change in circumstances or good cause for a de novo custody determination hearing4 2 and 7#b7 by striking subsection 7e7 and inserting the following3 7e7 ,release upon an order granting relief from removal ,in the case of an alien with respect to whom an immigration judge has entered an order terminating removal proceedings or an order providing for relief from removal1 including an order granting asylum1 or providing for withholding1 deferral1 or cancellation of removal1 which order is pending appeal1 the ,secretary of ,homeland ,security shall immediately release the alien upon entry of the order1 and may impose only reasonable conditions on the alien's release from custody4 7f7 ,alternatives to detention 7#a7 ,in general ,the ,secretary of ,homeland ,security shall establish programs that provide alternatives to detaining aliens1 which shall offer a continuum of supervision mechanisms and options1 including community-based supervision programs and community support4 ,the ,secretary may contract with nongovernmental community-based organizations to provide programs1 which may include case management services1 appearance assistance services1 and screenings of aliens who have been detained4 7#b7 ,individualized determination required ,in determining whether to order an alien to participate in a program under this subsection1 the ,secretary1 or the immigration judge1 as appropriate shall make an individualized determination to determine the appropriate level of supervision for the alien4 ,participation in a program under this subsection may not be ordered for an alien for whom it is determined that release on reasonable bond or recognizance will reasonably assure the appearance of the alien as required and the safety of any other person and the community4 4 7b7 ,probable cause hearing ,section #bhg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;a77 is amended by striking the matter preceding paragraph 7#c7 and inserting the following3 7a7 ,any officer or employee of the ,department of ,homeland ,security authorized under regulations prescribed by the ,secretary of ,homeland ,security shall have power without warrant-- 7#a7 to interrogate any alien or person believed to be an alien as to the person's right to be or to remain in the ,united ,states1 provided that such interrogation is not based on the person's race1 ethnicity1 national origin1 religion1 sexual orientation1 color1 spoken language1 or ,english language proficiency2 and 7#b7 to arrest any alien who in the officer or employee's presence or view is entering or attempting to enter the ,united ,states in violation of any law or regulation made in pursuance of law regulating the admission1 exclusion1 expulsion1 or removal of aliens1 or to arrest any alien in the ,united ,states1 if-- 7,a7 the officer or employee has probable cause to believe that the alien so arrested is in the ,united ,states in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest2 7,b7 the officer or employee has reason to believe that the person would knowingly and willfully fail to appear in immigration court in response to a properly served notice to appear2 and 7,c7 not later than #dh hours after being taken into custody1 the arrested alien is provided with a hearing before an immigration judge to determine whether there is probable cause as required by this section1 including probable cause to believe that the person would have knowingly and willfully failed to appear as required under subparagraph 7,b71 which burden to establish probable cause shall be on the ,government4 4 7c7 ,mandatory detention repealed ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #bce7;b77#a77;,b77ii7-- 7,a7 by striking shall and inserting may2 and 7,b7 by inserting before the period at the end the following3 pursuant to the custody review procedures set forth in section #bcf2 7#b7 by striking section #bce7;b77#a77;,b77iii77,,iv72 7#c7 in section #bce7;b77#b77;,a7-- 7,a7 by striking shall and inserting may2 and 7,b7 by inserting before the period at the end the following3 pursuant to the custody review procedures set forth in section #bcf2 7#d7 by striking section #bcf;,a2 7#e7 in section #bch7;a77#b71 by striking pursuant to section #bcf7;c72 and 7#f7 in section #ejf7;a77#b7-- 7,a7 by striking the paragraph heading and inserting the following3 ,release hearing for aliens detained2 and 7,b7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by striking lawfully admitted for permanent residence2 7ii7 by striking clause 7i72 and 7iii7 by redesignating clauses 7ii7 and 7iii7 as clauses 7i7 and 7ii71 respectively4 7d7 ,aliens ordered removed ,section #bda7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking #ij days each place it appears and inserting #fj days2 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,initial custody redetermination hearing 7,a7 ,in general ,not later than #gb hours after the entry of a final administrative order of removal1 the alien ordered removed shall be provided with a custody redetermination hearing before an immigration judge4 7,b7 ,presumption of detention ,for purposes of the hearing under subparagraph 7,a71 the alien shall be detained during the removal period unless the alien can show1 by a preponderance of the evidence1 that the alien's removal is not reasonably foreseeable and that the alien does not pose a risk to the safety of any individual or to the community4 2 7#c7 in paragraph 7#c7-- 7,a7 in the paragraph heading1 by striking #ij-;day and inserting #fj-;day2 and 7,b7 in the matter preceding subparagraph 7,a71 by striking the alien1 pending removal1 shall be subject to supervision under and inserting the following3 except as provided in paragraph 7#g71 any alien who has been detained during the removal period shall be released from custody1 pending removal1 subject to individualized supervision requirements in accordance with2 7#d7 by striking paragraph 7#f72 and 7#e7 by striking paragraph 7#g7 and inserting the following3 7#g7 ,subsequent custody redetermination hearings 7,a7 ,in general ,the ,government may request a subsequent redetermination hearing before an immigration judge seeking continued detention for an alien ordered to be detained pursuant to paragraph 7#b7 who has not been removed within the removal period4 7,b7 ,standard ,an alien may only be detained after the removal period upon a showing by the ,government that-- 7i7 the alien's removal is reasonably foreseeable2 and 7ii7 the alien poses a risk to the safety of an individual or the community1 which may only be established based on credible and individualized information that establishes objective risk factors1 and may not be established based only on the fact that the alien has been charged with or is suspected of a crime4 7,c7 ,period of detention ,an alien may not be detained pursuant to an order under this paragraph for longer than a #fj-;day period4 ,the ,government may seek subsequent redetermination hearings under this paragraph in order to continue detaining an alien beyond each such #fj-;day period4 4 ,,ii ,statute of ,limitations #bja4 ,time for commencing removal proceedings ,section #bci7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7;d77 is amended by adding at the end the following3 7#c7 7,a7 ,notwithstanding paragraph 7#b71 any removal proceeding against an alien previously admitted to the ,united ,states for being within a class of deportable aliens described in section #bcg7;a77#b71 or within a class of inadmissible aliens described in section #bab7;a77#b71 shall not be entertained unless commenced not later than the date that is five years after the date on which the alien became deportable or inadmissible4 7,b7 ,this paragraph shall apply to any removal proceeding resulting in an order of removal before the date of the enactment of the ,new ,way ,forward ,act as if in effect on the date on which the removal proceeding was commenced4 4 ,,iii ,limit ,criminal-,system-to-,removal ,pipeline #cja4 ,criminal offenses and immigration laws 7a7 ,inadmissibility based on criminal and related grounds ,section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77 is amended-- 7#a7 by striking subparagraph 7,a72 and 7#b7 by redesignating subparagraphs 7,b7 through 7,i7 as subparagraphs 7,a7 through 7,h71 respectively4 7b7 ,deportability based on criminal offenses ,section #bcg7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking clauses 7i7 and 7ii72 7,b7 by redesignating clauses 7iii7 through 7vi7 as clauses 7i7 through 7iv71 respectively2 and 7,c7 in clause 7iv71 as so redesignated1 by striking ,clauses 7i71 7ii71 and 7iii7 and inserting ,clauses 7i7 and 7ii72 7#b7 by striking subparagraph 7,b72 and 7#c7 by redesignating subparagraphs 7,c7 through 7,f7 as subparagraphs 7,b7 through 7,e71 respectively4 #cjb4 ,definitions 7a7 ,aggravated felony ,section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking means-- and inserting means a felony1 for which a term of imprisonment of not less than #e years was imposed1 that is--2 7#b7 in subparagraph 7,f71 by striking for which the term of imprisonment at least one year2 7#c7 in subparagraph 7,g71 by striking for which and all that follows through year2 7#d7 in subparagraph 7,j71 by striking 1 for which a sentence of one year imprisonment or more may be imposed2 7#e7 in subparagraph 7,p7-- 7,a7 by striking 7i72 and 7,b7 by striking and 7ii7 for which the term of imprisonment imposed 7regardless of any suspension of such imprisonment7 is at least #ab months2 7#f7 in subparagraph 7,r71 by striking for which the term of imprisonment is at least one year2 7#g7 in subparagraph 7,s71 by striking 1 for which the term of imprisonment is at least one year2 and 7#h7 by striking the last sentence4 7b7 ,conviction ,section #aja7;a77#dh7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dh77 is amended-- 7#a7 in subparagraph 7,a71 by striking court and all that follows through to be imposed4 and inserting the following3 court4 ,an adjudication or judgment of guilt that has been dismissed1 expunged1 sealed1 deferred1 annulled1 invalidated1 withheld1 or vacated1 or where a court has issued a judicial recommendation against removal1 or an order of probation without entry of judgment or any similar disposition1 shall not be considered a conviction for purposes of this ,act4 ,no judgment on appeal or within the time to file direct appeal shall be deemed a conviction for the 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 or confinement and all that follows through the period at the end and inserting ordered by a 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 7c7 ,particularly serious crime ,section #bjh7;b77#b77;,b77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh77;b77#b77;,b77i77 is amended to read as follows3 7i7 ,conviction of aggravated felony ,for purposes of clause 7ii7 of subparagraph 7,a71 section #bda7;b77#c77;,b71 or any other provision of this ,act1 only an alien who has been convicted of an aggravated felony for which a term of imprisonment of not less than five years was imposed shall be considered to have been convicted of a particularly serious crime4 4 7d7 ,applicability ,the amendments made by this section shall apply to-- 7#a7 admissions and conduct occurring before1 on1 or after the date of the enactment of this ,act2 and 7#b7 convictions and sentences entered before1 on1 or after the date of the enactment of this ,act4 ,,iv ,restore ,judicial ,discretion and ,end ,removal ,without ,due ,process #dja4 ,immigration procedural changes 7a7 ,decision and burden of proof ,section #bdj7;c77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7;c77#a77;,a77 is amended by inserting after the period at the end the following3 ,notwithstanding any other provision of law1 an immigration judge may grant any relief or deferral from removal1 including withholding of removal1 to any individual who is otherwise eligible for such relief but for a prior criminal conviction1 or the commission of or a finding of the commission of other conduct described in section #bab7;a77#b71 #bcg7;a77#b71 or #bcg7;a77#c71 if the immigration judge finds such an exercise of discretion appropriate in pursuit of humanitarian purposes1 to assure family unity1 or when it is otherwise in the public interest44 7b7 ,removal of aliens who are not permanent residents ,section #bch of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbh7 is amended-- 7#a7 by striking subsection 7b72 and 7#b7 by redesignating the first subsection 7c7 as subsection 7b74 7c7 ,reinstatement of removal orders against aliens illegally reentering ,section #bda7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77 is amended-- 7#a7 by striking paragraph 7#e72 and 7#b7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#e7 and 7#f71 respectively4 7d7 ,special rules relating to continuous residence or physical presence ,section #bdj;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4#abbi;b7d77 is amended-- 7#a7 by striking paragraph 7#a72 7#b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#a7 and 7#b71 respectively4 7e7 ,judicial review of orders of removal ,section #bdb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7 is amended by striking subsection 7a77#b77;,c74 ,v ,prohibition against ,performance of ,immigration ,officer ,functions by ,state and ,local ,officers and ,employees #eja4 ,local enforcement 7a7 ,in general ,section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4#aceg7;g77 is amended to read as follows3 7g7 7#a7 ,the officers and employees of any ,state1 or any political subdivision of a ,state1 are prohibited from performing the function of an immigration officer in relation to the investigation1 apprehension1 transport1 or detention of aliens in the ,united ,states or otherwise assist in the performance of such functions4 7#b7 ,civil immigration warrants shall not be made available to the officers or employees of any ,state1 or any political subdivision of a ,state1 through the ,national ,crime ,information ,center database or its incorporated criminal history databases4 ,federal1 ,state1 and local law enforcement officials are prohibited from entering into the ,national ,crime ,information ,center database or its incorporated criminal history databases information that relates to an alien's immigration status1 the existence of a prior removal1 deportation1 or voluntary departure order entered against an alien1 or any allegations of civil violations of the immigration laws4 ,any information described in this paragraph that is in the ,national ,crime ,information ,center database shall be removed from such database not later than #ij days after the enactment of the ,new ,way ,forward ,act4 4 7b7 ,prohibiting coordination for enforcement of immigration laws 7#a7 ,prohibiting ,state and local law enforcement arrest and detention of aliens ,section #dci of the ,antiterrorism and ,effective ,death ,penalty ,act of #aiif 7#h ,u4,s4,c4 #abeb;c7 is repealed4 7#b7 ,communication ,section #dcd of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afdd7 is repealed4 7c7 ,communication and enforcement ,section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc7 is repealed4 #ejb4 ,national ,crime ,information ,center ,section #ecd7;f7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,civil immigration warrants shall not be made available to the officers or employees of any ,state1 or any political subdivision of a ,state1 through the ,national ,crime ,information ,center database or its incorporated criminal history databases4 ,federal1 ,state1 and local law enforcement officials are prohibited from entering into the ,national ,crime ,information ,center database or its incorporated criminal history databases information that relates to an alien's immigration status1 the existence of a prior removal1 deportation1 or voluntary departure order entered against an alien1 or any allegations of civil violations of the immigration laws4 ,any information described in this paragraph that is in the ,national ,crime ,information ,center database shall be removed from such database not later than #ij days after the enactment of the ,new ,way ,forward ,act4 4 ,,vi ,decriminalize ,migration #fja4 ,repealing migration criminal laws 7a7 ,criminal penalties for entry at improper time or place ,section #bge of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7 is repealed4 7b7 ,criminal penalties for reentry ,section #bgf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbf7 is repealed4 ,,vii ,right ,to ,come ,home #gja4 ,reconsidering and reopening immigration cases 7a7 ,in general ,notwithstanding any other provision of law1 the ,attorney ,general-- 7#a7 shall grant a motion to reconsider or reopen proceedings pursuant to paragraph 7#f7 or 7#g7 of section #bdj7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77 with respect to any alien who-- 7,a7 on or after ,april #bd1 #aiif-- 7i7 was ordered removed1 deported1 or excluded2 or 7ii7 departed the ,united ,states pursuant to a grant of voluntary departure under section #bdj;,b of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;c7 7regardless of whether or not the alien was ordered removed1 deported1 or excluded72 and 7,b7 demonstrates that the alien-- 7i7 would not have been considered inadmissible1 excludable1 or deportable under the immigration laws 7as defined in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag777 if this ,act1 and the amendments made by this ,act1 had been in effect on the date on which such order was issued or the voluntary departure took place2 or 7ii7 would have been eligible to apply for relief from removal1 deportation1 or exclusion under such laws if this ,act1 and the amendments made by this ,act1 had been in effect on the date on which such order was issued or the voluntary departure took place2 and 7#b7 shall deem an alien who makes the demonstration under paragraph 7#a77;,b7 as not having been removed1 deported1 excluded1 or departed1 and as not having failed to depart under a voluntary departure order1 for all purposes under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7b7 ,previously filed application2 previous motions ,to reopen or reconsider ,the ,attorney ,general may not reject or deny a motion to reconsider or reopen under subsection 7a7 because-- 7#a7 the alien did not include a copy of any previously filed application for relief2 or 7#b7 the alien had previously filed a motion to reopen or reconsider4 7c7 ,deadline ,the deadline described in paragraphs 7#f77;,b7 and 7#g77;,c77i7 of section #bdj7;c7 of the ,immigrations and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77 shall not apply to a motion to reopen or reconsider under this section4 7d7 ,transportation ,the ,secretary of ,homeland ,security shall provide transportation for aliens eligible for reopening or reconsideration of their proceedings under this section1 at ,government expense1 to return to the ,united ,states for further immigration proceedings and shall admit or parole the alien into the ,united ,states4 7e7 ,physical presence requirement ,for the purpose of applications filed subsequent to reopening under this section pursuant to section #bdj;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;b71 or any other application for relief under the immigration laws 7as defined in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag7771 removal1 deportation1 exclusion1 or voluntary departure shall not be considered to toll any physical presence requirement4 7f7 ,judicial review ,notwithstanding any other provision of the ,immigration and ,national ,act 7#h ,u4,s4,c4 #aaja et seq471 any denial of a motion to reopen or reconsider submitted pursuant to this section is subject to de novo judicial review in a ,federal district court having jurisdiction over the applicant's residence or1 in the case of an applicant who was removed from the ,united ,states1 the last known residential address of the applicant in the ,united ,states4