,,ii #aagth ,,congress #ast ,session ,s4 #gdg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ae1 #bjba,mr4 ,padilla 7for himself and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to provide for the adjustment of status of essential workers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,citizenship for ,essential ,workers ,act4 #b4 ,adjustment of status of essential workers 7a7 ,in general ,chapter #e of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,a1 the following3 #bde;,b4 ,adjustment of status for essential workers 7a7 ,adjustment of status for essential workers ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security 7referred to in this section as the ,secretary7 or the ,attorney ,general shall adjust to the status of an alien lawfully admitted for permanent residence-- 7#a7 an alien who-- 7,a7 satisfies the eligibility requirements set forth in subsection 7b72 and 7,b7 submits an application and satisfies the criminal and national security background checks and payment of applicable fees pursuant to the procedures set forth in subsection 7d72 and 7#b7 the parents1 spouse1 sons1 and daughters of such alien4 7b7 ,eligibility ,an alien applying for status under subsection 7a7 shall satisfy the following requirements3 7#a7 ,aliens working in certain sectors1 industries1 and occupations ,except as provided in paragraph 7#b71 the alien shall have1 at any point during the period described in subsection 7i71 earned income for work in any of the following private1 public1 or nonprofit sectors1 industries1 or occupations3 7,a7 ,health care4 7,b7 ,emergency response4 7,c7 ,sanitation4 7,d7 ,restaurant ownership1 food preparation1 vending1 catering1 food packaging1 food services1 or delivery4 7,e7 ,hotel or retail4 7,f7 ,fish1 poultry1 and meat processing work4 7,g7 ,agricultural work1 including labor that is seasonal in nature4 7,h7 ,commercial or residential landscaping4 7,i7 ,commercial or residential construction or renovation4 7,j7 ,housing1 residential1 and commercial construction related activities or public works construction4 7,k7 ,domestic work in private households1 including child care1 home care1 or house cleaning4 7,l7 ,natural disaster recovery1 disaster reconstruction1 and related construction4 7,m7 ,home and community-based work1 including-- 7i7 home health care2 7ii7 residential care2 7iii7 assistance with activities of daily living2 7iv7 any service provided by direct care workers 7as defined in section #gii;,b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #biep771 personal care aides1 job coaches1 or supported employment providers2 and 7v7 any other provision of care to individuals in their homes by direct service providers1 personal care attendants1 and home health aides4 7,n7 ,family care1 including child care services1 in-home child care services such as nanny services1 and care services provided by family members to other family members4 7,o7 ,manufacturing4 7,p7 ,warehousing4 7,q7 ,transportation or logistics4 7,r7 ,janitorial4 7,s7 ,laundromat and dry-cleaning operators4 7,t7 ,any other work in essential critical infrastructure labor or services1 as described in the memorandum of the ,department of ,homeland ,security entitled ,advisory ,memorandum on ,identification of ,essential ,critical ,infrastructure ,workers ,during ,,covid-#ai ,response issued on ,march #bh1 #bjbj 7as revised71 on any date during the period described in subsection 7i74 7,u7 ,any other work that a ,state or local government considers to be essential during the emergency referred to in subsection 7i74 7#b7 ,certain other eligible aliens ,an alien not described in paragraph 7#a7-- 7,a7 shall-- 7i7 7,i7 have earned income in any sector1 industry1 or occupation described in that paragraph on any date during the period described in subsection 7i7 but was unable to continue that work through no fault of the alien1 including because the working conditions posed a high degree of risk to the alien's health and safety2 and 7,,ii7 have been seeking to resume work in any such sector1 industry1 or occupation2 7,b7 is the surviving parent1 spouse1 son1 or daughter of an alien who-- 7i7 performed any service or labor for remuneration in any sector1 industry1 or occupation described in that paragraph on any date during the period described in subsection 7i72 and 7ii7 died due to ,,covid-#ai2 or 7,c7 is the parent1 spouse1 son1 or daughter of a member of the ,armed ,forces1 including the ,national ,guard4 7#c7 ,physical presence 7,a7 ,date of submittal of application ,the alien shall be physically present in the ,united ,states on the date on which the application is submitted4 7,b7 ,continuous physical presence 7i7 ,in general ,except as provided in clause 7ii71 the alien shall have been continuously physically present in the ,united ,states beginning on ,january #a1 #bjba1 and ending on the date on which the application is approved4 7ii7 ,exceptions 7,i7 ,authorized absence ,an alien who departed temporarily from the ,united ,states shall not be considered to have failed to maintain continuous physical presence in the ,united ,states during any period of travel that was authorized by the ,secretary4 7,,ii7 ,brief1 casual1 and innocent absences 7aa7 ,in general ,an alien who departed temporarily from the ,united ,states shall not be considered to have failed to maintain continuous physical presence in the ,united ,states if the alien's absences from the ,united ,states are brief1 casual1 and innocent1 whether or not such absences were authorized by the ,secretary4 7bb7 ,absences more than #ahj days ,for purposes of this clause1 an absence of more than #ahj days1 in the aggregate1 during a calendar year shall not be considered brief1 unless the ,secretary finds that the length of the absence was due to circumstances beyond the alien's control1 including the serious illness of the alien1 death or serious illness of a spouse1 parent1 grandparent1 grandchild1 sibling1 son1 or daughter of the alien1 or due to international travel restrictions4 7iii7 ,effect of notice to appear ,issuance of a notice to appear under section #bci7;a7 shall not be considered to interrupt the continuity of an alien's continuous physical presence in the ,united ,states4 7c7 ,grounds for ineligibility 7#a7 ,certain grounds of inadmissibility 7,a7 ,in general ,subject to subparagraph 7,b71 an alien shall be ineligible for status under this section if the alien-- 7i7 is inadmissible under paragraph 7#b71 7#c71 7#f77;,e71 7#h71 7#aj77;,c71 or 7#aj77;,e7 of section #bab7;a72 7ii7 has been convicted of a felony offense 7excluding any offense under ,state law for which an essential element in the alien's immigration status72 or 7iii7 has been convicted of #c or more misdemeanor offenses 7excluding simple possession of cannabis or cannabis-related paraphernalia1 any offense involving cannabis or cannabis-related paraphernalia that is no longer prosecutable in the ,state in which the conviction was entered1 any offense under ,state law for which an essential element is the alien's immigration status1 any offense involving civil disobedience without violence1 and any minor traffic offense7 not occurring on the same date1 and not arising out of the same act1 omission1 or scheme of misconduct4 7,b7 ,waivers 7i7 ,in general ,for purposes of subparagraph 7,a71 the ,secretary may1 for humanitarian purposes1 family unity1 or if otherwise in the public interest-- 7,i7 waive inadmissibility under-- 7aa7 subparagraphs 7,a71 7,c71 and 7,d7 of section #bab7;a77#b72 and 7bb7 paragraphs 7#f77;,e71 7#h71 7#aj77;,c71 and 7#aj77;,e7 of such section2 7,,ii7 waive ineligibility under subparagraph 7,a77ii7 7excluding offenses described in section #aja7;a77#dc77;,a77 or inadmissibility under subparagraph 7,b7 of section #bab7;a77#b7 if the alien has not been convicted of any offense during the #aj-year period preceding the date on which the alien applies for status under this section2 and 7,,iii7 for purposes of subparagraph 7,a77iii71 waive consideration of-- 7aa7 #a misdemeanor offense if1 during the #e-year period preceding the date on which the alien applies for status under this section the alien has not been convicted of any offense2 or 7bb7 #b misdemeanor offenses if1 during the #aj-year period preceding such date1 the alien has not been convicted of any offense4 7ii7 ,considerations ,in making a determination under subparagraph 7,b71 the ,secretary of ,homeland ,security or the ,attorney ,general shall consider all mitigating and aggravating factors1 including-- 7,i7 the severity of the underlying circumstances1 conduct1 or violation2 7,,ii7 the duration of the alien's residence in the ,united ,states2 7,,iii7 evidence of rehabilitation1 if applicable2 and 7,,iv7 the extent to which the alien's removal1 or the denial of the alien's application1 would adversely affect the alien or the alien's ,united ,states citizen or lawful permanent resident family members4 7#b7 ,aliens in certain immigration statuses ,an alien shall be ineligible for adjustment of status under this section if1 on ,january #a1 #bjba1 the alien was any of the following3 7,a7 ,an alien lawfully admitted for permanent residence4 7,b7 ,an alien admitted as a refugee under section #bjg or granted asylum under section #bjh4 7,c7 ,an alien who1 according to the records of the ,secretary or the ,secretary of ,state1 was in a period of authorized stay in a nonimmigrant status described in section #aja7;a77#ae71 other than-- 7i7 the spouse1 son1 or daughter of an alien who is eligible for status under this section2 7ii7 an alien who is considered to be in a nonimmigrant status solely by reason of section #gjb of the ,consolidated ,natural ,resources ,act of #bjjh 7,public ,law #aaj-bbi2 #abb ,stat4 #hed7 or section #bdd7;f77#d7 of this ,act2 7iii7 a nonimmigrant described in section #aja7;a77#ae77;,h77ii72 and 7iv7 a nonimmigrant who is described in subsection 7b74 7,d7 ,an alien paroled into the ,commonwealth of the ,northern ,mariana ,islands or ,guam who did not reside in the ,commonwealth or ,guam on ,november #bh1 #bjji4 7#c7 ,certain aliens outside the ,united ,states and unlawful reentrants ,an alien shall be ineligible for adjustment of status under this section if the alien-- 7,a7 departed the ,united ,states while subject to an order of exclusion1 deportation1 removal1 or voluntary departure2 and 7,b7 7i7 was outside the ,united ,states on ,january #a1 #bjba2 or 7ii7 reentered the ,united ,states unlawfully after ,january #a1 #bjba4 7d7 ,application 7#a7 ,fee 7,a7 ,in general ,the ,secretary shall1 subject to an exemption under subparagraph 7,b71 require an alien applying for adjustment of status under this section to pay a reasonable fee commensurate with the cost of processing the application4 7,b7 ,exemptions ,an applicant may1 in the discretion of the ,secretary1 be exempted from paying an application fee required under this paragraph if the applicant-- 7i7 received total income1 during the #a-year period immediately preceding the date on which the applicant files an application under this section1 that is less than #bej percent of the ,federal poverty line2 7ii7 is younger than #ba years of age2 7iii7 is in foster care or is a juvenile who lacks any parental or other familial support2 or 7iv7 cannot care for himself or herself because of a serious disability4 7,c7 ,installments ,the ,secretary may allow applicants to pay the fee under this paragraph in installments4 7#b7 ,background checks ,the ,secretary may not grant an alien permanent resident status under this section until a background check has been completed4 7#c7 ,withdrawal of application 7,a7 ,in general ,on receipt of a request to withdraw an application under this section1 the ,secretary shall cease processing of the application and close the case4 7,b7 ,effect of withdrawal ,withdrawal of such an application shall not prejudice any future application filed by the applicant for any immigration benefit under this ,act4 7e7 ,employer requirements 7#a7 ,in general ,on request1 an employer1 the agent of an employer1 or any person who provides compensation directly or indirectly to a worker for labor or service1 shall provide a worker with documents that will assist the worker's filing of an application under subsection 7d74 7#b7 ,effect of delay or noncompliance ,with respect to a request described in paragraph 7#a71 delay or noncompliance on the part of an employer1 the agent of an employer1 or the person who provides compensation directly or indirectly shall result in an escalating fine that accrues for the duration of the delay or noncompliance4 7f7 ,employer protections ,no part of an alien's application or request for documents under subsection 7e7 shall be used as evidence regarding an employer's or any other person's hiring1 employment1 or continued employment of an alien described in subsection 7b7 for purposes of demonstrating a violation of section #bgd;,a7a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77 so long as the employer or other person has complied with such subsection 7e74 7g7 ,worker protections 7#a7 ,in general ,an employer1 the agent of an employer1 or any person who provides compensation directly or indirectly to a worker for labor or service shall not take an adverse action against a worker based on a request made by the worker in good faith for documents or information to support an application for adjustment of status under this section4 7#b7 ,presumption 7,a7 ,in general ,if any person or entity described in paragraph 7#a7 takes an adverse action against such a worker within #ij days of the worker's request for such documentation or information1 such conduct shall raise a presumption that the adverse action was carried out in-- 7i7 response to such request2 and 7ii7 in violation of this subsection4 7,b7 ,rebuttal ,the presumption under subparagraph 7,a7 may be rebutted by clear and convincing evidence that the adverse action was taken for other permissible reasons4 7#c7 ,civil action ,a worker may bring a civil action in a ,federal or ,state court of competent jurisdiction against any person or entity described in paragraph 7#a7 that violates this subsection to seek such legal or equitable relief as may be appropriate1 including reinstatement1 promotion1 the payment of wages lost1 an additional equal amount as liquidated damages1 and punitive damages4 ,an action commenced under this paragraph may be commenced within #b years after the cause of action accrued4 ,in any judgment in favor of a worker1 and in any proceeding to enforce such a judgment1 the court shall award reasonable attorney's fees and costs to the prevailing plaintiff4 7h7 ,clarification ,nothing in this section shall be construed to require an alien described in subsection 7b7 to appear before an agent of the ,department of ,homeland ,security or any other ,federal agency for an interview4 7i7 ,period described ,the period described in this subsection-- 7#a7 begins on the first day of the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 with respect to ,,covid-#ai2 and 7#b7 ends on the date that is #ij days after the date on which such public health emergency terminates4 7j7 ,submission of biometric and biographic data 7#a7 ,in general 7,a7 ,in general ,the ,secretary may not grant an alien adjustment of status under this section unless the alien submits biometric and biographic data1 in accordance with procedures established by the ,secretary4 7,b7 ,alternative procedure ,the ,secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data due to a physical or mental impairment or bona fide religious objection4 7#b7 ,background checks 7,a7 ,in general ,the ,secretary shall use biometric and biographic data-- 7i7 to conduct security and law enforcement background checks2 and 7ii7 to determine whether there is any criminal1 national security1 or other factor that would render the alien ineligible for adjustment of status under this section4 7,b7 ,completion required 7i7 ,in general ,the status of an alien may not be adjusted under this section unless security and law enforcement background checks are completed to the satisfaction of the ,secretary4 7ii7 ,timeline 7,i7 ,in general ,except as provided in subclause 7,,ii71 the security and law enforcement background checks required by this paragraph shall be completed within #fj days4 7,,ii7 ,extension for good cause ,the ,secretary may extend the timeline under subclause 7,i7 for good cause and1 in the case of such an extension1 shall communicate the delay to the applicant4 7k7 ,adjudication 7#a7 ,in general ,the ,secretary shall evaluate each application filed pursuant to this section to determine whether the alien meets all applicable requirements4 7#b7 ,adjustment of status if favorable determination ,if the ,secretary determines that the alien meets the requirements under this section1 the ,secretary shall-- 7,a7 notify the alien of such determination2 and 7,b7 adjust the status of the alien to that of an alien lawfully admitted for permanent residence1 effective as of the date of such determination4 7#c7 ,adverse determination ,if the ,secretary determines that the alien does not meet the requirements for status under this section1 the ,secretary shall notify the alien of such determination4 7l7 ,aliens ordered removed 7#a7 ,in general ,an alien present in the ,united ,states who has been ordered removed or has been permitted to depart voluntarily from the ,united ,states1 notwithstanding such order or permission to depart1 may apply for adjustment of status under this section4 7#b7 ,opportunity to apply 7,a7 ,in general ,an alien who appears to be prima facie eligible for relief under this section shall be given a reasonable opportunity to apply for such relief and shall not be removed until a final decision establishing ineligibility for relief is rendered4 7,b7 ,motion not required ,such alien shall not be required to file a separate motion to reopen1 reconsider1 or vacate the order of removal4 7,c7 ,effect of approval ,if the ,secretary approves the application1 the ,secretary or the ,attorney ,general shall vacate the order of removal and terminate any removal proceedings4 7,d7 ,effect of denial ,if the ,secretary renders a final administrative decision to deny the application1 the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made1 but only after all available administrative and judicial remedies have been exhausted4 7m7 ,advance parole 7#a7 ,in general ,during the period beginning on the date on which an alien applies for adjustment of status under this section and ending on the date on which the ,secretary makes a final decision regarding such application1 the alien shall be eligible to apply for advance parole based on any reasonable need to travel4 7#b7 ,applicability ,section #aja7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;g77 shall not apply to an alien granted advance parole under this subsection4 7n7 ,employment authorization 7#a7 ,in general 7,a7 ,in general ,an alien whose removal is stayed pursuant to this section or who has a pending application under this section shall1 on application to the ,secretary1 be granted an employment authorization document4 7,b7 ,timeline for issuance 7i7 ,in general ,except as provided in clause 7ii71 an employment authorization document shall be issued within #cj days4 7ii7 ,extension for good cause ,the ,secretary may extend the timeline under clause 7ii7 for good cause and1 in the case of such an extension1 shall communicate the delay to the applicant4 7#b7 ,receipt of application 7,a7 ,in general ,as soon as practicable after receiving an application for status under this section1 the ,secretary shall provide the applicant with a document acknowledging receipt of such application4 7,b7 ,evidence of employment authorization ,a document issued under subparagraph 7,a7 shall-- 7i7 serve as interim evidence of the alien's authorization to accept employment in the ,united ,states2 and 7ii7 be accepted by an employer as evidence of employment authorization under section #bgd;,a7b77#a77;,c7 pending a final decision on the application4 7o7 ,exemption from numerical limitation ,nothing in this section or in any other law may be construed-- 7#a7 to limit the number of aliens who may be granted permanent resident status under this section2 or 7#b7 to count against any other numerical limitation under this ,act4 7p7 ,administrative review 7#a7 ,exclusive administrative review ,administrative review of a determination with respect to an application for status under this section shall be conducted solely in accordance with this subsection4 7#b7 ,administrative appellate review 7,a7 ,establishment of administrative appellate authority ,the ,secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of determinations with respect to applications for1 and revocations of1 status under this section4 7,b7 ,single appeal for each administrative decision 7i7 ,in general ,an alien in the ,united ,states whose application for status under this section has been denied or whose status under this section has been revoked may file with the ,secretary not more than #a appeal of each such decision4 7ii7 ,changed circumstance ,on a showing of changed circumstances1 the ,secretary may waive the numerical limitation under clause 7i74 7iii7 ,notice of appeal 7,i7 ,in general ,a notice of appeal filed under this paragraph shall be filed not later than #ij days after the date of service of the denial or revocation1 unless the delay beyond the #ij-;day period is reasonably justifiable4 7,,ii7 ,waiver ,on showing that the delay was reasonably justifiable1 the ,secretary may waive the time limitation described in subclause 7,i74 7,,iii7 ,service ,service of a notice of appeal under this clause shall be provided in ,english1 ,spanish1 and any other language that the alien concerned is known to understand1 and shall be made upon counsel of record4 7,c7 ,review by ,secretary ,nothing in this paragraph may be construed to limit the authority of the ,secretary to certify appeals for review and final administrative decision4 7,d7 ,denial of petitions for dependents ,a decision to deny1 or revoke the approval of1 a petition filed by an alien to classify a spouse1 son1 daughter1 or child of the alien as the spouse1 son1 daughter1 or child for purposes of status under this section may be appealed under this paragraph4 7,e7 ,record for review ,administrative appellate review under this paragraph shall be de novo and based solely upon-- 7i7 the administrative record established at the time of the determination on the application2 and 7ii7 any additional newly discovered or previously unavailable evidence4 7#c7 ,stay of removal ,an alien seeking administrative review of a denial1 or revocation of approval1 of an application under this section shall not be removed from the ,united ,states before a final decision is rendered establishing ineligibility for lawful permanent residence4 7q7 ,information privacy 7#a7 ,in general ,except as provided in paragraph 7#c71 no officer or employee of the ,united ,states may-- 7,a7 disclose 7directly or indirectly1 including through inclusion in a database71 access1 or use the information provided by an alien pursuant to an application filed under this section 7including information provided during administrative or judicial review7 for the purpose of immigration enforcement1 including the initiation of removal proceedings2 or 7,b7 publish any information provided pursuant to an application under this section4 7#b7 ,referrals prohibited ,the ,secretary1 based solely on information provided in an application for adjustment of status under this section 7including information provided during administrative or judicial review7 or an application for deferred action pursuant to the memorandum of the ,department of ,homeland ,security entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children issued on ,june #ae1 #bjbj1 may not refer an applicant to ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 or any designee of either such entity4 7#c7 ,required disclosure ,notwithstanding paragraph 7#a71 the ,attorney ,general or the ,secretary shall provide the information provided in an application under this section1 and any other information derived from such information1 to an official coroner for purposes of affirmatively identifying a deceased individual 7whether or not such individual is deceased as a result of a crime74 7#d7 ,penalty ,whoever knowingly uses1 publishes1 or permits information to be examined in violation of this subsection shall be fined not more than #ej1jjj4 7#e7 ,safeguards ,the ,secretary shall require appropriate administrative and physical safeguards to protect against direct and indirect disclosure1 access1 and uses of information that violate this subsection4 7#f7 ,assessments ,not less frequently than annually1 the ,secretary shall conduct an assessment that1 for the preceding calendar year-- 7,a7 analyzes the effectiveness of the safeguards described in paragraph 7#e72 7,b7 determines the number of authorized disclosures under paragraph 7#c7 made2 and 7,c7 determines the number of disclosures prohibited under paragraphs 7#a7 and 7#b7 made4 7r7 ,eligibility for other statuses ,an alien's eligibility to be lawfully admitted for permanent residence under this section shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible4 7s7 ,effect of failure ,to comply with removal order ,failure to comply with #a or more removal orders or voluntary departure agreements for acts committed before the date of the enactment of this section shall not affect the eligibility of an alien to apply for a benefit under this section4 4 7b7 ,judicial review ,section #bdb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,b71 by inserting the exercise of discretion specified under this title arising under after no court shall have jurisdiction to review2 7,b7 in subparagraph 7,c71 by inserting or subsection 7h7 after subparagraph 7,d72 and 7,c7 in subparagraph 7,d7-- 7i7 by striking 7other than in this section72 and 7ii7 by striking raised upon a petition for review filed with an appropriate court of appeals in accordance with this section2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 in the first sentence1 by inserting or1 in the case of a decision rendered under subsection 7c71 in the judicial circuit in which the petitioner resides after proceedings2 and 7,b7 in paragraph 7#i71 by striking the first sentence and inserting the following3 ,except as otherwise provided in this section1 judicial review of a determination respecting a removal order shall be available only in judicial review of a final order under this section42 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#a71 by striking or restrain the operation of2 and 7,b7 in paragraph 7#b71 by inserting after all administrative and judicial review available to the alien is complete before unless2 and 7#d7 by adding at the end the following3 7h7 ,judicial review of eligibility determinations relating to status under title #e 7#a7 ,direct review ,if an alien's application under section #bde;,b is denied1 or the approval of such application is revoked1 after the exhaustion of administrative appellate review under subsection 7p7 of that section1 the alien may seek review of such decision1 in accordance with chapter #g of title #e1 ,united ,states ,code1 in the district court of the ,united ,states for the district in which the alien resides4 7#b7 ,status during review ,during the period in which a review described in paragraph 7#a7 is pending-- 7,a7 any unexpired grant of voluntary departure under section #bdj;,b shall be tolled2 and 7,b7 any order of exclusion1 deportation1 or removal shall automatically be stayed unless the court1 in its discretion1 orders otherwise4 7#c7 ,review after removal proceedings ,an alien may seek judicial review of a denial or revocation of approval of the alien's application under section #bde;,b in the appropriate court of appeals of the ,united ,states in conjunction with the judicial review of an order of removal1 deportation1 or exclusion if the validity of the denial or revocation has not been upheld in a prior judicial proceeding under paragraph 7#a74 7#d7 ,standard for judicial review 7,a7 ,basis ,judicial review of a denial or revocation of an approval of an application under section #bde;,b shall be based upon the administrative record established at the time of the review4 7,b7 ,authority to remand ,the reviewing court may remand a case under this subsection to the ,secretary of ,homeland ,security 7referred to in this subsection as the ,secretary7 for consideration of additional evidence if the court finds that-- 7i7 the additional evidence is material2 and 7ii7 there were reasonable grounds for failure to adduce the additional evidence before the ,secretary4 7,c7 ,scope of review ,notwithstanding any other provision of law1 judicial review of all questions arising from a denial or revocation of approval of an application under section #bde;,b shall be governed by the standard of review set forth in section #gjf of title #e1 ,united ,states ,code4 7#e7 ,remedial powers 7,a7 ,jurisdiction ,notwithstanding any other provision of law1 the district courts of the ,united ,states shall have jurisdiction over any cause or claim arising from a pattern or practice of the ,secretary in the operation or implementation of the ,citizenship for ,essential ,workers ,act1 or the amendments made by that ,act1 that is arbitrary1 capricious1 or otherwise contrary to law4 7,b7 ,scope of relief ,the district courts of the ,united ,states may order any appropriate relief in a clause or claim described in subparagraph 7,a7 without regard to exhaustion1 ripeness1 or other standing requirements 7other than constitutionally mandated requirements71 if the court determines that-- 7i7 the resolution of such cause or claim will serve judicial and administrative efficiency2 or 7ii7 a remedy would otherwise not be reasonably available or practicable4 7#f7 ,challenges to the validity of the system 7,a7 ,in general ,except as provided in paragraph 7#e71 any claim that section #bde;,b or any regulation1 written policy1 written directive1 or issued or unwritten policy or practice initiated by or under the authority of the ,secretary to implement such section1 violates the ,constitution of the ,united ,states or is otherwise in violation of law is available in an action instituted in a district court of the ,united ,states in accordance with the procedures prescribed in this paragraph4 7,b7 ,savings provision ,except as provided in subparagraph 7,c71 nothing in subparagraph 7,a7 may be construed to preclude an applicant under #bde;,b from asserting that an action taken or a decision made by the ,secretary with respect to the applicant's status was contrary to law4 7,c7 ,class actions ,any claim described in subparagraph 7,a7 that is brought as a class action shall be brought in conformity with-- 7i7 the ,class ,action ,fairness ,act of #bjje 7,public ,law #aji-b2 #aai ,stat4 #d72 and 7ii7 the ,federal ,rules of ,civil ,procedure4 7,d7 ,preclusive effect ,the final disposition of any claim brought under subparagraph 7,a7 shall be preclusive of any such claim asserted by the same individual in a subsequent proceeding under this subsection4 7,e7 ,exhaustion and stay of proceedings 7i7 ,in general ,no claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section #bde;,b7p74 7ii7 ,stay authorized ,nothing in this paragraph may be construed to prevent the court from staying proceedings under this paragraph to permit the ,secretary to evaluate an allegation of an unwritten policy or practice or to take corrective action4 ,in determining whether to issue such a stay1 the court shall take into account any harm the stay may cause to the claimant4 4 7c7 ,rulemaking 7#a7 ,implementation ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall issue interim final rules1 published in the ,federal ,register1 implementing section #bde;,b of the ,immigration and ,nationality ,act1 as added by this ,act4 7#b7 ,effective date ,notwithstanding section #eec of title #e1 ,united ,states ,code1 the rules issued under this subsection shall be effective1 on an interim basis1 immediately upon publication1 but may be subject to change and revision after public notice and opportunity for a period of public comment4 7#c7 ,final rules ,not later than #ahj days after the date of publication under paragraph 7#b71 the ,secretary shall finalize the interim rules4 7d7 ,rule of construction ,section #bdd7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7h77 may not be construed to limit the authority of the ,secretary to adjust the status of an alien under section #bde;,b of the ,immigration and ,nationality ,act1 as added by this ,act4 7e7 ,eligibility for services ,section #ejd7;a77#aa7 of the ,omnibus ,consolidated ,rescissions and ,appropriations ,act of #aiif 7,public ,law #ajd-acd2 #aaj ,stat4 #acba-ed7 shall not be construed to prevent a recipient of funds under title ,x of the ,economic ,opportunity ,act of #aifd 7#db ,u4,s4,c4 #biif et seq47 from providing legal assistance directly related to an application for status under section #bde;,b of the ,immigration and ,nationality ,act1 as added by this ,act1 or to an alien granted such status4 7f7 ,technical and conforming amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bde;,a the following3 ,sec4 #bde;,b4 ,adjustment of status for essential workers4 4 #c4 ,restoring fairness to adjudications 7a7 ,waiver of grounds of inadmissibility ,section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended by inserting after subsection 7b7 the following3 7c7 ,humanitarian1 family unity1 and public interest waiver 7#a7 ,in general ,notwithstanding any other provision of law1 except section #bde;,b7c77#a77;,b71 the ,secretary of ,homeland ,security or the ,attorney ,general may waive the operation of any #a or more grounds of inadmissibility under this section 7excluding inadmissibility under subsection 7a77#c77 for any purpose1 including eligibility for relief from removal-- 7,a7 for humanitarian purposes2 7,b7 to ensure family unity2 or 7,c7 if a waiver is otherwise in the public interest4 7#b7 ,considerations ,in making a determination under paragraph 7#a71 the ,secretary of ,homeland ,security or the ,attorney ,general shall consider all mitigating and aggravating factors1 including-- 7,a7 the severity of the underlying circumstances1 conduct1 or violation2 7,b7 the duration of the alien's residence in the ,united ,states2 7,c7 evidence of rehabilitation1 if applicable2 and 7,d7 the extent to which the alien's removal1 or the denial of the alien's application1 would adversely affect the alien or the alien's ,united ,states citizen or lawful permanent resident family members4 4 7b7 ,waiver of grounds of deportability ,section #bcg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77 is amended by adding at the end the following3 7#h7 ,humanitarian1 family unity1 and public interest waiver 7,a7 ,in general ,notwithstanding any other provision of law1 except section #bde;,b7c77#a77;,b71 the ,secretary of ,homeland ,security or the ,attorney ,general may waive the operation of any #a or more grounds of deportability under this subsection 7excluding deportability under paragraph 7#b77;,a77iii7 based on a conviction described in section #aja7;a77#dc77;,a7 and deportability under paragraph 7#d77 for any purpose1 including eligibility for relief from removal-- 7i7 for humanitarian purposes2 7ii7 to ensure family unity2 or 7iii7 if a waiver is otherwise in the public interest4 7,b7 ,considerations ,in making a determination under subparagraph 7,a71 the ,secretary of ,homeland ,security or the ,attorney ,general shall consider all mitigating and aggravating factors1 including-- 7i7 the severity of the underlying circumstances1 conduct1 or violation2 7ii7 the duration of the alien's residence in the ,united ,states2 7iii7 evidence of rehabilitation1 if applicable2 and 7iv7 the extent to which the alien's removal1 or the denial of the alien's application1 would adversely affect the alien or the alien's ,united ,states citizen or lawful permanent resident family members4 4 7c7 ,repeal of #c-,year1 #aj-,year1 and permanent bars ,section #bab7;a77#i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77 is amended to read as follows3 7#i7 ,aliens previously removed 7,a7 ,arriving alien ,any alien who has been ordered removed under section #bce7;b77#a7 or at the end of proceedings under section #bdj initiated upon the alien's arrival in the ,united ,states and who again seeks admission within #e years of the date of such removal 7or within #bj years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony7 is inadmissible4 7,b7 ,other aliens ,any alien not described in subparagraph 7,a7 who seeks admission within #aj years of the date of such alien's departure or removal 7or within #bj years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony7 is inadmissible if the alien-- 7i7 has been ordered removed under section #bdj or any other provision of law2 or 7ii7 departed the ,united ,states while an order of removal was outstanding4 7,c7 ,exception ,subparagraphs 7,a7 and 7,b7 shall not apply to an alien seeking admission within a period if1 prior to the date of the alien's reembarkation at a place outside the ,united ,states or attempt to be admitted from foreign contiguous territory1 the ,secretary of ,homeland ,security has consented to the alien's reapplying for admission4 4 #d4 ,expungement and sentencing 7a7 ,definition of conviction 7#a7 ,in general ,section #aja7;a77#dh7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dh77 is amended to read as follows3 7#dh7 7,a7 ,the term conviction means1 with respect to an alien1 a formal judgment of guilt of the alien entered by a court4 7,b7 ,the following may not be considered a conviction for purposes of this ,act3 7i7 ,an adjudication or judgment of guilt that has been dismissed1 expunged1 deferred1 annulled1 invalidated1 withheld1 vacated1 or pardoned by the ,president of the ,united ,states or the ,governor of any ,state4 7ii7 ,any adjudication in which the court has issued-- 7,i7 a judicial recommendation against removal2 7,,ii7 an order of probation without entry of judgment2 or 7,,iii7 any similar disposition4 7iii7 ,a judgment that is on appeal or is within the time to file direct appeal4 7,c7 7i7 ,unless otherwise provided1 with respect to an offense1 any reference to a term of imprisonment or a sentence is considered to include only the period of incarceration ordered by a court4 7ii7 ,any such reference shall be considered to exclude any portion of a sentence of which the imposition or execution was suspended4 4 7#b7 ,retroactive applicability ,the amendment made by this subsection shall apply with respect to any conviction1 adjudication1 or judgment entered before1 on1 or after the date of the enactment of this ,act4 7b7 ,judicial recommendation against removal ,the grounds of inadmissibility and deportability under sections #bab7;a77#b7 and #bcg7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b7 and #abbg7;a77#b77 shall not apply to an alien with a criminal conviction if1 not later than #ahj days after the date on which the alien is sentenced1 and after having provided notice and an opportunity to respond to representatives of the ,state concerned1 the ,secretary1 and prosecuting authorities1 the sentencing court issues a recommendation to the ,secretary that the alien not be removed on the basis of the conviction4 #e4 ,petty offenses ,section #bab7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,a77 is amended-- 7#a7 in clause 7i71 in the matter preceding subclause 7,i71 by striking 1 or who admits having committed1 or who admits committing acts which constitute the essential elements of2 and 7#b7 in clause 7ii7-- 7,a7 in the matter preceding subclause 7,i71 by striking to an alien who committed only one crime2 7,b7 in subclause 7,i71 by inserting the alien committed only one crime1 before the crime was committed when2 and 7,c7 by amending subclause 7,,ii7 to read as follows3 7,,ii7 7aa7 the alien was not convicted of more than #b crimes2 and 7bb7 for each such crime-- 7,,aa7 the maximum penalty possible did not exceed imprisonment for #a year2 and 7,,bb7 the alien was not sentenced to a term of imprisonment in excess of #ahj days4 4