,,ii #aagth ,,congress #b;d ,session ,s4 #ecja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ai1 #bjbb,mr4 ,grassley introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend section #bab7;d77#e7 of the ,immigration and ,nationality ,act to reform immigration parole1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,immigration ,parole ,reform ,act of #bjbb4 #b4 ,immigration parole reform ,section #bab7;d77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77 is amended to read as follows3 7#e7 7,a7 ,except as provided in subparagraph 7,b7 or section #bad7;f71 the ,secretary of ,homeland ,security1 in the discretion of the ,secretary1 may temporarily parole into the ,united ,states any alien applying for admission to the ,united ,states who is not present in the ,united ,states1 under such conditions as the ,secretary may prescribe1 on a case-by-case basis1 and not according to eligibility criteria describing an entire class of potential parole recipients1 for urgent humanitarian reasons or significant public benefit4 ,parole granted under this subparagraph may not be regarded as an admission of the alien4 ,when the purposes of such parole have been served in the opinion of the ,secretary1 the alien shall immediately return or be returned to the custody from which the alien was paroled4 ,after such return1 the case of the alien shall be dealt with in the same manner as the case of any other applicant for admission to the ,united ,states4 7,b7 ,the ,secretary of ,homeland ,security may grant parole to any alien who-- 7i7 is present in the ,united ,states without lawful immigration status2 7ii7 is the beneficiary of an approved petition under section #bjc7;a72 7iii7 is not otherwise inadmissible or removable2 and 7iv7 is the spouse or child of a member of the ,armed ,forces serving on active duty4 7,c7 ,for purposes of determining an alien's eligibility for parole under subparagraph 7,a71 an urgent humanitarian reason shall be limited to circumstances in which-- 7i7 7,i7 the alien has a medical emergency2 and 7,,ii7 7aa7 the alien cannot obtain necessary treatment in the foreign state in which the alien is residing2 or 7bb7 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 the parent or legal guardian of an alien described in clause 7i7 and the alien described in clause 7i7 is a minor2 7iii7 the alien is needed in the ,united ,states in order to donate an organ or other tissue for transplant and there is insufficient time for the alien to be admitted through the normal visa process2 7iv7 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 process2 7v7 the alien is seeking to attend the funeral of a close family member and the alien could not arrive in the ,united ,states in time to attend such funeral if the alien were to be admitted through the normal visa process2 7vi7 the alien is an adopted child with an urgent medical condition who is in the legal custody of the petitioner for a final adoption-related visa and whose medical treatment is required before the expected award of a final adoption-related visa2 or 7vii7 the alien is a lawful applicant for adjustment of status under section #bde and is returning to the ,united ,states after temporary travel abroad4 7,d7 ,for purposes of determining an alien's eligibility for parole under subparagraph 7,a71 a significant public benefit may be determined to result from the parole of an alien only if-- 7i7 the alien has assisted 7or will assist1 whether knowingly or not7 the ,united ,states ,government in a law enforcement matter2 7ii7 the alien's presence is required by the ,government in furtherance of such law enforcement matter2 and 7iii7 the alien is inadmissible1 does not satisfy the eligibility requirements for admission as a nonimmigrant1 or there is insufficient time for the alien to be admitted through the normal visa process4 7,e7 ,for purposes of determining an alien's eligibility for parole under subparagraph 7,a71 the term case-by-case basis means that the facts in each individual case are considered and parole is not granted based on membership in a defined class of aliens to be granted parole4 ,the fact that aliens are considered for or granted parole one-by-one and not as a group is not sufficient to establish that the parole decision is made on a case-by-case basis4 7,f7 ,the ,secretary of ,homeland ,security may not use the parole authority under this paragraph-- 7i7 to allow an alien who is the beneficiary of a pending or approved immigrant petition to enter the ,united ,states 7except as otherwise authorized under this paragraph7 before an immigrant visa is issued to such alien2 7ii7 to parole into the ,united ,states aliens entering for the purpose of performing skilled or unskilled labor2 7iii7 to parole into the ,united ,states aliens seeking to undertake activities described in existing nonimmigrant classifications1 including by paroling aliens seeking to undertake activities authorized under section #aja7;a77#ae77;,b7 and who are nationals of a country that has not been designated as a program country under section #bab7l7 or #bag2 7iv7 to parole into the ,united ,states an alien who is a refugee or who is described in a designated class of aliens granted access to the ,united ,states ,refugee ,admissions ,program1 unless such alien may otherwise be paroled under this paragraph2 or 7v7 to parole an alien into the ,united ,states for any reason or purpose other than those described in subparagraphs 7,c7 and 7,d74 7,g7 ,parole granted after a departure from the ,united ,states shall not be regarded as an admission of the alien4 ,an alien granted parole1 whether as an initial grant of parole or parole upon reentry into the ,united ,states1 is not eligible to adjust status to lawful permanent residence or for any other immigration benefit if the immigration status the alien had at the time of departure did not authorize the alien to adjust status or to be eligible for such benefit4 7,h7 7i7 ,except as provided in clauses 7ii7 and 7iii71 parole shall be granted to an alien under this paragraph for the shorter of-- 7,i7 a period of sufficient length to accomplish the activity described in subparagraph 7,c7 or 7,d7 for which the alien was granted parole2 or 7,,ii7 #a year4 7ii7 ,grants of parole pursuant to subparagraph 7,a7 may be extended once1 in the discretion of the ,secretary1 for an additional period that is the shorter of-- 7,i7 the period that is necessary to accomplish the activity described in subparagraph 7,c7 or 7,d7 for which the alien was granted parole2 or 7,,ii7 #a year4 7iii7 ,aliens who have a pending application to adjust status to permanent residence under section #bde may request extensions of parole under this paragraph1 in #a-year increments1 until the application for adjustment has been adjudicated4 ,such parole shall terminate immediately upon the denial of such adjustment application4 7,i7 ,not later than #ij days after the last day of each fiscal year1 the ,secretary of ,homeland ,security shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives and make available to the public1 a report-- 7i7 identifying the total number of aliens paroled into the ,united ,states under this paragraph during the previous fiscal year2 and 7ii7 containing information and data regarding all aliens paroled during such fiscal year1 including-- 7,i7 the duration of parole2 7,,ii7 the type of parole2 and 7,,iii7 the current status of the aliens so paroled4 4 #c4 ,implementation 7a7 ,in general ,except as provided in subsection 7b71 this ,act and the amendments made by this ,act shall take effect on the date that is #cj days after the date of the enactment of this ,act4 7b7 ,exceptions ,notwithstanding subsection 7a7-- 7#a7 any application for parole or advance parole filed by an alien before the date of the enactment of this ,act shall be adjudicated under the law that was in effect on the date on which the application was properly filed and any approved advance parole shall remain valid under the law that was in effect on the date on which the advance parole was approved2 7#b7 section #bab7;d77#e77;,g7 of the ,immigration and ,nationality ,act1 as added by section #b7;b71 shall take effect on the date of the enactment of this ,act2 and 7#c7 the provisions of this ,act1 and the amendments made by this ,act1 affecting aliens who were paroled into the ,united ,states pursuant to section #bab7;d77#e77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77;,a77 before the date of the enactment of this ,act shall take effect on the date that is #ahj days after such date of enactment4 #d4 ,cause of action ,any person1 ,state1 or local government that experiences financial harm in excess of #a1jjj due to a failure of the ,federal ,government to lawfully apply the provisions of this ,act or the amendments made by this ,act shall have standing to bring a civil action against the ,federal ,government in an appropriate district court of the ,united ,states4 #e4 ,severability ,if any provision of this ,act or any amendment by this ,act1 or the application of such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and the application of such provision or amendment to any other person or circumstance shall not be affected4