,i #aaith ,,congress #ast ,session ,h4 ,r4 #fif ,,in ,,the ,,house ,,of ,,representatives ,january #bc1 #bjbe,mr4 ,nehls 7for himself1 ,mr4 ,tiffany1 ,mr4 ,schmidt1 ,mr4 ,biggs of ,arizona1 and ,mr4 ,van ,drew7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,homeland ,security1 and ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,immigration and ,nationality ,act to reform temporary protected status1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,end ,unaccountable ,amnesty ,act4 #b4 ,temporary ,protected ,status 7a7 ,power ,to designate a foreign state ,section #bdd7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7b77 is amended-- 7#a7 by striking paragraphs 7#a71 7#b71 and 7#c7 and inserting the following3 7#a7 ,initial designation ,for purposes of this section1 a foreign state may be designated upon the enactment of an ,act that satisfies the following requirements3 7,a7 ,the ,act shall contain a finding-- 7i7 that there is an ongoing armed conflict within the state and1 due to such conflict1 requiring the return of aliens who are nationals of that state 7or to the part of the state7 would pose a serious threat to their personal safety2 7ii7 that-- 7,i7 there has been an earthquake1 flood1 drought1 epidemic1 or other immediately life-threatening environmental disaster in the state resulting in a substantial1 but temporary1 disruption of living conditions in the area affected2 7,,ii7 the foreign state is unable1 temporarily1 to handle adequately the return to the state of aliens who are nationals of the state2 and 7,,iii7 the foreign state officially has requested designation under this subparagraph2 or 7iii7 that there exist extraordinary and temporary conditions in the foreign state that prevent aliens who are nationals of the state from returning to the state in safety and that permitting the aliens to remain temporarily in the ,united ,states is not contrary to the national interest of the ,united ,states4 7,b7 ,the ,act shall include-- 7i7 an estimate of the number of nationals of the foreign state who are 7or within the effective period of the designation are likely to become7 eligible for temporary protected status under this section2 7ii7 such nationals' immigration status in the ,united ,states2 and 7iii7 a time period for the effectiveness of the designation that is not greater than #ab months4 7#b7 ,termination 7,a7 ,timely termination ,if an initial designation of a foreign state is not extended under paragraph 7#c71 the initial designation shall terminate at the end of the time period described in paragraph 7#a77;,b77iii74 7,b7 ,early termination ,for purposes of this section1 the designation of a foreign state shall be terminated upon the enactment of an ,act that contains a finding that the foreign state 7or part of such foreign state7 no longer meets the conditions for designation under paragraph 7#a77;,a74 7#c7 ,extension ,for purposes of this section1 the time period for the effectiveness of the designation of a foreign state may be extended upon the enactment of an ,act that includes-- 7,a7 a finding that the conditions for designation under paragraph 7#a77;,a7 continue to be met2 and 7,b7 a time period for the effectiveness of the extension that is not greater than #ab months4 2 and 7#b7 in paragraph 7#e77;,a71 by striking of the ,attorney ,general and inserting made in any ,act4 7b7 ,aliens lacking lawful immigration status ,section #bdd7;c77#b77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7c77#b77;,b77 is amended-- 7#a7 in clause 7i71 by striking 1 or at the end and inserting a semicolon2 7#b7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7iii7 the alien lacks a lawful immigration status4 4 7c7 ,conforming amendments ,section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a et seq47 is amended-- 7#a7 in subsection 7d77#c71 by striking ,if the ,attorney ,general terminates the designation of a foreign state 7or part of such foreign state7 under subsection 7b77#c77;,b7 and inserting ,if the designation of a foreign state 7or part of such foreign state7 is terminated under section #bdd7;b77#b72 and 7#b7 in subsection 7i77#a7-- 7,a7 in subparagraph 7,a71 by striking the comma at the end and adding 2 and2 7,b7 in subparagraph 7,b71 by striking 1 and at the end and inserting a period2 and 7,c7 by striking subparagraph 7,c74 7d7 ,technical corrections ,section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a71 as amended by subsections 7a7 and 7b7 of this section1 is further amended by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security4 #c4 ,unaccompanied alien children 7a7 ,repatriation of unaccompanied alien children 7#a7 ,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-- 7i7 in paragraph 7#b7-- 7,i7 by amending the heading to read as follows3 ,rules for unaccompanied alien children4--2 7,,ii7 in subparagraph 7,a7-- 7aa7 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 7bb7 in clause 7i71 by inserting and at the end2 7cc7 in clause 7ii71 by striking 2 and and inserting a period2 and 7dd7 by striking clause 7iii72 and 7,,iii7 in subparagraph 7,b7-- 7aa7 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 7bb7 in clause 7i71 by inserting before permit such child to withdraw the following3 may2 and 7cc7 in clause 7ii71 by inserting before return such child the following3 shall2 and 7ii7 in paragraph 7#e77;,d7-- 7,i7 in the matter preceding clause 7i71 by striking 1 except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection 7a77#b71 and inserting who does not meet the criteria listed in paragraph 7#b77;,a72 and 7,,ii7 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-- 7i7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a71 by inserting before the semicolon the following3 believed not to meet the criteria listed in subsection 7a77#b77;,a72 and 7,,ii7 in subparagraph 7,b71 by inserting before the period the following3 and does not meet the criteria listed in subsection 7a77#b77;,a72 and 7ii7 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 a 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 and 7,c7 in subsection 7c7-- 7i7 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 information on-- 7,i7 the name of the individual2 7,,ii7 the social security number of the individual2 7,,iii7 the date of birth of the individual2 7,,iv7 the location of the individual's residence where the child will be placed2 7,v7 the immigration status of the individual1 if known2 and 7,,vi7 contact information for the individual4 7ii7 ,activities of the secretary of homeland security ,not later than #cj days after receiving the information listed in clause 7i71 the ,secretary of ,homeland ,security1 upon determining that an individual with whom a child is placed is unlawfully present in the ,united ,states and not in removal proceedings pursuant to chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq471 shall initiate such removal proceedings4 2 and 7ii7 in paragraph 7#e7-- 7,i7 by inserting after to the greatest extent practicable the following3 7at no expense to the ,government72 and 7,,ii7 by striking have counsel to represent them and inserting have access to counsel to represent them4 7#b7 ,effective date ,the amendments made by this section shall apply to any unaccompanied alien child 7as such term is defined in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g777 apprehended on or after the date that is #cj days after the date of the enactment of this ,act4 7b7 ,special immigrant juvenile status for immigrants unable ,to reunite with either parent ,section #aja7;a77#bg77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j77 is amended-- 7#a7 in clause 7i71 by striking 1 and whose reunification with #a or both of the immigrant's parents is not viable due to abuse1 neglect1 abandonment1 or a similar basis found under ,state law2 and 7#b7 in clause 7iii7-- 7,a7 in subclause 7,i71 by striking and at the end2 7,b7 in subclause 7,,ii71 by inserting and after the semicolon2 and 7,c7 by adding at the end the following3 7,,iii7 an alien may not be granted special immigrant status under this subparagraph if the alien's reunification with any one parent or legal guardian is not precluded by abuse1 neglect1 abandonment1 or any similar cause under ,state law2 4 7c7 ,rule of construction ,nothing in this section shall be construed to limit the following procedures or practices relating 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#b7773 7#a7 ,screening of such a child for a credible fear of return to his or her country of origin4 7#b7 ,screening of such a child to determine whether he or she was a victim of trafficking4 7#c7 ,department of ,health and ,human ,services policy in effect on the date of the enactment of this ,act requiring a home study for such a child if he or she is under #ab years of age4 #d4 ,repeal of cancellation of removal2 adjustment of status 7a7 ,repeal ,section #bdj;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;b7 is repealed4 7b7 ,conforming amendments ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #aja7;a7-- 7,a7 in paragraph 7#ac77;,c77v71 by striking or #bdj;,a7a72 and 7,b7 in paragraph 7#ej71 by striking 1 #bjd7;a77#a77;,b77ii77,,ii77aa77,,bb71 or #bdj;,a7b77#b77;,a77i77,,iii7 and inserting or #bjd7;a77#a77;,b77ii77,,ii77aa77,,bb72 7#b7 by striking section #bja7;b77#a77;,d72 7#c7 in section #bdj-- 7,a7 in subsection 7b77#g71 by striking #bdj;,a12 7,b7 in subsection 7c77#g77;,c77iv77,i71 by striking clause 7ii7 or 7iii7 of section #bjd7;a77#a77;,b71 or #bdj;,a7b77#b7 and inserting or clause 7ii7 or 7iii7 of section #bjd7;a77#a77;,b72 and 7,c7 in subsection 7e71 by striking and section #bdj;,a2 7#d7 in section #bdj;,b7d7-- 7,a7 in paragraph 7#a77;,b71 by striking #bdj;,a12 and 7,b7 in paragraph 7#b7-- 7i7 by striking #bdj;,a or 2 and 7ii7 by striking under section #bdj;,a7b77#b71 or2 7#e7 in section #bdb7;a77#b77;,b77i71 by striking #bdj;,a12 7#f7 by striking section #bdd7;e72 7#g7 in section #bde7l77#g71 by striking #bdj;,a7b77#b71 and 7#h7 by striking section #ejd7k77#c74 #e4 ,prohibited identification documents for air travel 7a7 ,prohibited identification documents at airport security checkpoints ,the ,administrator of the ,transportation ,security ,administration may not accept as valid proof of identification a prohibited identification document at an airport security checkpoint4 7b7 ,prohibition on operations for certain air carriers 7#a7 ,in general ,chapter #dja of title #di1 ,united ,states ,code1 is amended by inserting after section #djacj the following3 #djaca4 ,prohibition on operations for air carriers allowing use of prohibited identification documents ,an air carrier or foreign air carrier may not operate an aircraft in foreign air transportation or land such aircraft at any airport in the ,united ,states if the air carrier or foreign air carrier allows the use of a prohibited identification document 7as such term is defined in section #e of the ,end ,executive ,branch ,amnesty ,act of #bjbe7 as identification to board such aircraft4 4 7#b7 ,clerical amendment ,the analysis for chapter #dja of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #djacj the following3 #djaca4 ,prohibition on operations for air carriers allowing use of prohibited identification documents4 4 7c7 ,definition ,in this section1 the term prohibited identification document means any of the following3 7#a7 ,the ,u4,s4 ,customs and ,border ,protection ,one ,mobile ,app4 7#b7 ,a ,notice to ,appear issued by the ,department of ,homeland ,security4 7#c7 ,a ,notice to ,report issued by the ,department of ,homeland ,security4 #f4 ,immigration parole reform 7a7 ,in general ,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 subparagraphs 7,b7 and 7,c7 and 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 ,the ,secretary of ,homeland ,security may grant parole to any alien-- 7i7 who is a national of the ,republic of ,cuba and is living in the ,republic of ,cuba2 7ii7 who is the beneficiary of an approved petition under section #bjc7;a72 7iii7 for whom an immigrant visa is not immediately available2 7iv7 who meets all eligibility requirements for an immigrant visa2 7v7 who is not otherwise inadmissible2 and 7vi7 who is receiving a grant of parole in furtherance of the commitment of the ,united ,states to the minimum level of annual legal migration of ,cuban nationals to the ,united ,states specified in the ,u4,s4-,cuba ,joint ,communiqu on ,migration1 done at ,new ,york ,september #i1 #aiid1 and reaffirmed in the ,cuba-,united ,states3 ,joint ,statement on ,normalization of ,migration1 ,building on the ,agreement of ,september #i1 #aiid1 done at ,new ,york ,may #b1 #aiie4 7,d7 ,the ,secretary of ,homeland ,security may grant parole to an alien who is returned to a contiguous country under section #bce7;b77#b77;,c7 to allow the alien to attend the alien's immigration hearing4 ,the grant of parole shall not exceed the time required for the alien to be escorted to1 and attend1 the alien's immigration hearing scheduled on the same calendar day as the grant1 and to immediately thereafter be escorted back to the contiguous country4 ,a grant of parole under this subparagraph shall not be considered for purposes of determining whether the alien is inadmissible under this ,act4 7,e7 ,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 the alien establishes that-- 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,f7 ,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,g7 ,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,h7 ,the ,secretary of ,homeland ,security may not use the parole authority under this paragraph to parole an alien into the ,united ,states for any reason or purpose other than those described in subparagraphs 7,b71 7,c71 7,d71 7,e71 and 7,f74 7,i7 ,an alien granted parole may not accept employment1 except that an alien granted parole pursuant to subparagraph 7,b7 or 7,c7 is authorized to accept employment for the duration of the parole1 as evidenced by an employment authorization document issued by the ,secretary of ,homeland ,security4 7,j7 ,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,k7 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,d71 7,e71 or 7,f7 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,e7 or 7,f7 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,l7 ,the total number of aliens granted parole under this paragraph during any fiscal year may not exceed #a1jjj4 7,m7 ,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 7b7 ,implementation 7#a7 ,in general ,except as provided in paragraph 7#b71 this section and the amendments made by this section shall take effect on the date that is #cj days after the date of the enactment of this ,act4 7#b7 ,exceptions ,notwithstanding paragraph 7#a71 each of the following exceptions apply3 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 approved4 7,b7 ,section #bab7;d77#e77;,j7 of the ,immigration and ,nationality ,act1 as added by subsection 7a71 shall take effect on the date of the enactment of this ,act4 7,c7 ,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 ,january #a1 #bjbc1 shall continue to be subject to the terms of parole that were in effect on the date on which their respective parole was approved4 7c7 ,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 section or the amendments made by this section shall have standing to bring a civil action against the ,federal ,government in an appropriate district court of the ,united ,states for appropriate relief4 7d7 ,severability ,if any provision of this section or any amendment by this section1 or the application of such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this section and the application of such provision or amendment to any other person or circumstance shall not be affected4