[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4787 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4787
To provide support for nationals of Afghanistan who supported the
United States mission in Afghanistan, adequate vetting for parolees
from Afghanistan, adjustment of status for certain nationals of
Afghanistan, and special immigrant status for at-risk Afghan allies and
relatives of certain members of the Armed Forces, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 7 (legislative day, August 6), 2022
Ms. Klobuchar (for herself, Mr. Graham, Mr. Coons, Mr. Blunt, Mr.
Blumenthal, and Ms. Murkowski) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide support for nationals of Afghanistan who supported the
United States mission in Afghanistan, adequate vetting for parolees
from Afghanistan, adjustment of status for certain nationals of
Afghanistan, and special immigrant status for at-risk Afghan allies and
relatives of certain members of the Armed Forces, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghan Adjustment Act''.
SEC. 2. DEFINITIONS.
(a) In General.--Except as otherwise specifically provided, any
term used in this Act that is used in the immigration laws shall have
the meaning given the term in the immigration laws.
(b) Definitions.--In this Act:
(1) Immigration laws.--The term ``immigration laws'' has
the meaning given the term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(2) Special immigrant status.--The term ``special immigrant
status'' means special immigrant status provided under--
(A) the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note; Public Law 111-8); or
(B) section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101
note; Public Law 109-163).
(3) Specified application.--The term ``specified
application'' means--
(A) an application for special immigrant status;
(B) an application to seek admission to the United
States through the United States Refugee Admission
Program for an individual who has received a Priority 1
or Priority 2 referral to such program; and
(C) an application for a special immigrant visa
under section 7 or an amendment made by that section.
(4) United states refugee admissions program.--The term
``United States Refugee Admissions Program'' means the program
to resettle refugees in the United States pursuant to the
authorities provided in sections 101(a)(42), 207, and 412 of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(42),
1157, and 1522).
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) nationals of Afghanistan residing outside the United
States who meet the requirements for admission to the United
States through a specified application have aided the United
States mission in Afghanistan during the past 20 years; and
(2) the United States should increase support for such
nationals.
SEC. 4. SUPPORT FOR AFGHAN ALLIES OUTSIDE OF THE UNITED STATES.
(a) Response to Congressional Inquiries.--The Secretary of State
shall respond to inquiries by Members of Congress regarding a specified
application submitted by, or on behalf of, a national of Afghanistan
who has provided a confidentiality release.
(b) Office in Lieu of Embassy.--During the period in which there is
no operational United States embassy in Afghanistan, the Secretary of
State shall establish and maintain an office capable of--
(1) reviewing specified applications submitted by nationals
of Afghanistan residing in Afghanistan;
(2) issuing visas to such nationals;
(3) to the greatest extent practicable, providing services
to such nationals that would normally be provided by an
embassy; and
(4) carrying out any other function the Secretary considers
necessary.
SEC. 5. INTERAGENCY TASK FORCE ON AFGHAN ALLY STRATEGY.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the President shall establish an Interagency
Task Force on Afghan Ally Strategy (referred to in this section as the
``Task Force'')--
(1) to develop and oversee the implementation of the
strategy described in subsection (d)(1)(B)(iv); and
(2) to submit the report, and provide a briefing on the
report, described in subsection (d).
(b) Membership.--
(1) In general.--The Task Force shall be comprised of--
(A) the Secretary of State;
(B) the Secretary of Homeland Security;
(C) the Secretary of Defense;
(D) the Director of the Federal Bureau of
Investigation;
(E) the Director of National Intelligence; and
(F) any other Government official, as designated by
the President.
(2) Delegation.--A member of the Task Force may designate a
representative to carry out the duties under this section.
(c) Chair.--The Task Force shall be chaired by the Secretary of
State.
(d) Duties.--
(1) Report and strategy.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Task Force shall
submit to the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the
Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives a
report that includes a strategy for supporting
nationals of Afghanistan residing outside the United
States who meet the requirements for admission to the
United States through a specified application.
(B) Elements.--The report required by subparagraph
(A) shall include the following:
(i) Estimates of--
(I)(aa) the total number of
nationals of Afghanistan residing in
Afghanistan who have submitted
specified applications that are pending
and, as of the date on which the report
is submitted, have not been
adjudicated; and
(bb) the number of such nationals,
disaggregated by type of specified
application described in subparagraphs
(A), (B), and (C) of section 2(b)(3);
and
(II)(aa) the total number of
nationals of Afghanistan residing in
Afghanistan who meet the requirements
for admission to the United States
through specified applications; and
(bb) the number of such nationals,
disaggregated by type of specified
application described in subparagraphs
(A), (B), and (C) of section 2(b)(3).
(ii) A description of the steps the
Secretary of State has taken and is taking to
facilitate the relocation and resettlement of
nationals of Afghanistan who--
(I) supported the United States
mission in Afghanistan; and
(II) remain in Afghanistan or in
third countries.
(iii) An identification of all
considerations, including resource constraints,
that limit the ability of the Secretary of
State to facilitate such relocations and
resettlements.
(iv) A strategy and detailed plan that--
(I) sets forth the manner in which
members of the Task Force will address
such considerations in order to
facilitate such relocations and
resettlements over different periods of
time (including 1-year, 5-year, and 10-
year periods) and an analysis of the
expected number of nationals of
Afghanistan who would be relocated or
resettled through such strategy; and
(II) addresses the constraints and
opportunities for expanding support for
such relocations and resettlements,
including--
(aa) the availability of
remote processing for
individuals residing in
Afghanistan;
(bb) the availability and
capacity of mechanisms for
individuals to be relocated
from Afghanistan, including air
charter or land passage;
(cc) the availability and
capacity of sites in third
countries to process
applications and conduct any
required vetting, including
identifying and establishing
additional sites;
(dd) resource, personnel,
and equipment requirements to
increase the capacity to better
support such nationals of
Afghanistan and reduce
application processing times;
(ee) the provision of
updates and necessary
information to affected
individuals and relevant
nongovernmental organizations;
and
(ff) any other matter the
Task Force considers relevant
to the implementation of the
strategy.
(v) Recommendations for how Congress can
expand the number of nationals of Afghanistan
who can be relocated or resettled over such
periods of time by providing additional
authorities or resources.
(C) Form.--The report required by subparagraph (A)
shall be submitted in unclassified form, but may
include a classified annex.
(2) Briefing.--Not later than 60 days after submitting the
report required by paragraph (1), the Task Force shall brief
the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and
the Committee on Foreign Affairs of the House of
Representatives on the contents of such report.
(e) Termination.--The Task Force shall remain in effect until the
earlier of--
(1) the date on which the strategy required by subsection
(d)(1) has been fully implemented; or
(2) the date that is 10 years after the date of the
enactment of this Act.
SEC. 6. ADJUSTMENT OF STATUS FOR ELIGIBLE AFGHAN NATIONALS.
(a) Definition of Eligible Afghan National.--In this section, the
term ``eligible Afghan national'' means--
(1) an alien--
(A)(i) who is a citizen or national of Afghanistan;
or
(ii) in the case of an alien having no nationality,
whose former or last habitual residence was in
Afghanistan; and
(B)(i) who was inspected and admitted to the United
States on or before the date of the enactment of this
Act;
(ii) who was paroled into the United States during
the period beginning on July 30, 2021, and ending on
the date of the enactment of this Act, provided that
such parole has not been terminated by the Secretary of
Homeland Security;
(iii) whose travel to the United States was
facilitated by, or coordinated with, the United States
Government; or
(iv) who arrived in the United States after the
date of the enactment of this Act, provided that the
Secretary of Homeland Security, in cooperation with
other Federal agency partners, determines that the
alien supported the United States mission in
Afghanistan;
(2) an alien who is the spouse or child (as defined in
section 101(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1101(b)(1))) of an alien described in paragraph (1); and
(3) an alien who is the spouse or child (as defined in
section 101(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1101(b)(1))) of an alien described in paragraph (1) who
is deceased.
(b) Streamlined Adjustment Process for Eligible Afghan Nationals
Who Supported the United States Mission in Afghanistan.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall adjust the status
of an eligible Afghan national to the status of an alien
lawfully admitted for permanent residence if--
(A) the eligible Afghan national--
(i) has--
(I) received Chief of Mission
approval as part of their application
for special immigrant status;
(II) received a Priority 1 or
Priority 2 referral to the United
States Refugee Admissions Program; or
(III) a pending application for
special immigrant status that was
submitted on or before July 31, 2018;
(ii) submits an application for adjustment
of status in accordance with procedures
established by the Secretary of Homeland
Security;
(iii) subject to paragraph (2), is
otherwise admissible to the United States as an
immigrant, except that the grounds of
inadmissibility under paragraphs (4), (5), and
(7)(A) of section 212(a) the Immigration and
Nationality Act (8 U.S.C. 1182(a)) shall not
apply; and
(iv) has complied with the vetting
requirements under subsection (d)(1) to the
satisfaction of the Secretary of Homeland
Security; and
(B) the Secretary of Homeland Security determines
that the adjustment of status of the eligible Afghan
national is not contrary to the national welfare,
safety, or security of the United States.
(2) Applicability of refugee admissibility requirements.--
The provisions relating to admissibility for a refugee seeking
adjustment of status under section 209(c) of the Immigration
and Nationality Act (8 U.S.C. 1159(c)) shall apply to an
applicant for adjustment of status under this subsection.
(c) Adjustment Process for Other Eligible Afghan Nationals.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall adjust the status
of an eligible Afghan national who does not meet the
requirements set forth in subsection (b)(1)(A)(i) to the status
of an alien lawfully admitted for permanent residence if--
(A) the eligible Afghan national--
(i) has been physically present in the
United States for a period not less than 2
years;
(ii) submits an application for adjustment
of status in accordance with procedures
established by the Secretary of Homeland
Security;
(iii) subject to paragraph (2), is
otherwise admissible to the United States as an
immigrant, except that the grounds of
inadmissibility under paragraphs (4), (5), and
(7)(A) of section 212(a) the Immigration and
Nationality Act (8 U.S.C. 1182(a)) shall not
apply; and
(iv) has complied with the vetting
requirements under paragraphs (1) and (2) of
subsection (d) to the satisfaction of the
Secretary of Homeland Security; and
(B) the Secretary of Homeland Security determines
that the adjustment of status of the eligible Afghan
national is not contrary to the national welfare,
safety, or security of the United States.
(2) Waiver.--
(A) In general.--With respect to an applicant for
adjustment of status under this subsection, subject to
subparagraph (B), the Secretary of Homeland Security
may waive any applicable ground of inadmissibility
under section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)) (other than paragraphs 2(C) or
(3) of such section) for humanitarian purposes, to
ensure family unity, or if a waiver is otherwise in the
public interest.
(B) Limitations.--The Secretary of Homeland
Security may not waive under this paragraph any
applicable ground of inadmissibility under section
212(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)) that arises due to criminal conduct
that was committed--
(i) on or after July 30, 2021;
(ii) within the United States; and
(iii) by an applicant for adjustment of
status under this subsection.
(C) Rule of construction.--Nothing in this
paragraph may be construed to limit any other waiver
authority.
(3) Rule of construction.--Nothing in this subsection may
be construed to require the Secretary of Homeland Security to
complete the vetting process with respect to an applicant for
adjustment of status under this subsection within the 2-year
period described in paragraph (1)(A)(i).
(d) Interview and Vetting Requirements.--
(1) Vetting requirements for all applicants.--The Secretary
of Homeland Security shall establish vetting requirements for
applicants seeking adjustment of status under this section that
are equivalent to the vetting requirements for refugees
admitted to the United States through the United States Refugee
Admissions Program, including an interview.
(2) Additional vetting requirements for other eligible
afghan nationals.--The Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall maintain
records that contain, for each applicant under subsection (c)
for the duration of the pendency of their application for
adjustment of status--
(A) personal biographic information, including name
and date of birth;
(B) biometric information;
(C) any criminal conviction occurring after the
date on which the applicant entered the United States;
and
(D) the history of the United States Government
vetting to which the applicant has submitted, including
whether the individual has undergone in-person vetting.
(3) Rule of construction.--Nothing in this subsection may
be construed to limit the authority of the Secretary of
Homeland Security to maintain records under any other law.
(e) Protection for Battered Spouses.--
(1) In general.--An alien whose marriage to an eligible
Afghan national described in paragraph (1) of subsection (a)
has been terminated shall be eligible for adjustment of status
under this section as an alien described in paragraph (2) of
that subsection for not more than 2 years after the date on
which such marriage is terminated if there is a demonstrated
connection between the termination of the marriage and
battering or extreme cruelty perpetrated by the principal
applicant.
(2) Applicability of other law.--In reviewing an
application for adjustment of status under this section with
respect to spouses and children who have been battered or
subjected to extreme cruelty, the Secretary of Homeland
Security shall apply section 204(a)(1)(J) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(J)) and section 384 of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1367).
(f) Date of Approval.--Upon the approval of an application for
adjustment of status under this section, the Secretary of Homeland
Security shall create a record of the alien's admission as a lawful
permanent resident as of the date on which the alien was inspected and
admitted or paroled into the United States.
(g) Prohibition on Further Authorization of Parole.--
(1) In general.--Except as provided in paragraph (2), an
individual who is a national of Afghanistan shall not be
authorized for an additional period of parole if such
individual--
(A) is eligible to apply for adjustment of status
under this section; and
(B) fails to submit an application for adjustment
of status by the later of--
(i) the date that is 1 year after the date
on which final guidance described in subsection
(h)(2) is published; or
(ii) the date that is 1 year after the date
on which such individual becomes eligible to
apply for adjustment of status under this
section.
(2) Exception.--An individual described in paragraph (1)(A)
may be authorized for an additional period of parole if such
individual--
(A) within the period described in paragraph
(1)(B), seeks an extension to file an application for
adjustment of status under this section; or
(B) has previously submitted to a vetting
equivalent of the vetting required under subsection
(d).
(3) Deadline for application.--Except as provided in
paragraph (2), a national of Afghanistan who does not submit an
application for adjustment of status within the timeline
provided in paragraph (1)(B) may not later adjust status under
this section.
(h) Implementation.--
(1) Interim guidance.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Homeland Security shall issue guidance implementing
this section.
(B) Publication.--Notwithstanding section 553 of
title 5, United States Code, such guidance--
(i) may be published on the internet
website of the Department of Homeland Security;
and
(ii) shall be effective on an interim basis
immediately upon such publication but may be
subject to change and revision after notice and
an opportunity for public comment.
(2) Final guidance.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Homeland
Security shall finalize guidance implementing this section.
(i) Administrative Review.--The Secretary of Homeland Security
shall provide applicants for adjustment of status under this section
with the same right to, and procedures for, administrative review as
are provided to applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255).
(j) Prohibition on Fees.--The Secretary of Homeland Security may
not charge a fee to any eligible Afghan national in connection with--
(1) an application for adjustment of status or employment
authorization under this section; or
(2) the issuance of a permanent resident card or an
employment authorization document.
(k) Pending Applications.--During the period beginning on the date
on which an alien files a bona fide application for adjustment of
status under this section and ending on the date on which the Secretary
of Homeland Security makes a final administrative decision regarding
such application, any alien and any dependent included in such
application who remains in compliance with all application requirements
may not be--
(1) removed from the United States unless the Secretary of
Homeland Security makes a prima facie determination that the
alien is, or has become, ineligible for adjustment of status
under this section;
(2) considered unlawfully present under section
212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)); or
(3) considered an unauthorized alien (as defined in section
274A(h)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)(3))).
(l) VAWA Self Petitioners.--Section 101(a)(51) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(51)) is amended--
(1) in subparagraph (F), by striking ``or'';
(2) in subparagraph (G), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(H) subsections (b) and (c) of section 6 of the
Afghan Adjustment Act.''.
(m) Exemption From Numerical Limitations.--Aliens granted
adjustment of status under this section shall not be subject to the
numerical limitations under sections 201, 202, and 203 of the
Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 1153).
(n) Rule of Construction.--Nothing in this section may be construed
to preclude an eligible Afghan national from applying for or receiving
any immigration benefit to which the eligible Afghan national is
otherwise entitled.
SEC. 7. SPECIAL IMMIGRANT STATUS FOR AT-RISK AFGHAN ALLIES AND
RELATIVES OF CERTAIN MEMBERS OF THE ARMED FORCES.
(a) At-Risk Afghan Allies.--
(1) In general.--Subject to paragraph (4)(C), the Secretary
of Homeland Security may provide an alien described in
paragraph (2) (and the spouse, children of the alien if
accompanying or following to join the alien) with the status of
special immigrant under section 101(a)(27) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(27)) if the alien--
(A) or an agent acting on behalf of the alien,
submits a petition for classification under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
(B) is otherwise admissible to the United States
and eligible for lawful permanent residence (excluding
the grounds of inadmissibility under section 212(a)(4)
of such Act (8 U.S.C. 1182(a)(4)));
(C) clears a background check and appropriate
screening, as determined by the Secretary of Homeland
Security; and
(D) the Secretary of Homeland Security determines
that the adjustment of status of the alien is not
contrary to the national welfare, safety, or security
of the United States.
(2) Alien described.--An alien described in this paragraph
is an alien who--
(A) is a citizen or national of Afghanistan;
(B) was a member of--
(i) the Afghanistan National Army Special
Operations Command;
(ii) the Afghan Air Force;
(iii) the Special Mission Wing of
Afghanistan; or
(iv) the Female Tactical Teams of
Afghanistan; and
(C) provided faithful and valuable service to an
entity or organization described in subparagraph (B)
for not less than 1 year.
(3) Department of defense assessment.--
(A) In general.--Not later than 30 days after
receiving a request for an assessment from the
Secretary of Homeland Security, the Secretary of
Defense shall--
(i) review the service record of the
principal applicant;
(ii) submit an assessment to the Secretary
of Homeland Security as to whether--
(I) the principal applicant meets
the requirements under paragraph (2);
and
(II) the adjustment of status of
such alien, and the spouse, children,
and parents of such alien, if
accompanying or following to join the
alien, is not contrary to the national
welfare, safety, or security of the
United States; and
(iii) submit with such assessment--
(I) any service record concerned;
and
(II) any biometrics for the
principal applicant that have been
collected by the Department of Defense.
(B) Effect of assessment.--A favorable assessment
under subparagraph (A)(ii) shall create a presumption
that--
(i) the principal applicant meets the
requirements under paragraph (2); and
(ii) the admission of such alien, and the
spouse, children, and parents of the alien, if
accompanying or following to join the alien, is
not contrary to the national welfare, safety,
or security of the United States.
(C) Efficient processing.--For purposes of a
background check and appropriate screening required to
be granted special immigrant status under this
subsection, the Secretary of Homeland Security, as
appropriate, shall use biometric data collected by the
Secretary of Defense or the Secretary of State not more
than 5 years before the date on which an application
for such status is filed.
(b) Special Immigrant Status for Certain Relatives of Certain
Members of the Armed Forces.--Section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
(1) in subparagraph (L)(iii), by adding a semicolon at the
end;
(2) in subparagraph (M), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(N) a citizen or national of Afghanistan who is
the spouse, child, or unmarried son or daughter of--
``(i) a member of the armed forces (as
defined in section 101(a) of title 10, United
States Code); or
``(ii) a veteran (as defined in section 101
of title 38, United States Code).''.
(c) General Provisions.--
(1) Prohibition on fees.--The Secretary of Homeland
Security, the Secretary of Defense, or the Secretary of State
may not charge any fee in connection with an application for,
or issuance of, a special immigrant visa under this section or
an amendment made by this section.
(2) Representation.--An alien applying for admission to the
United States under this section, or an amendment made by this
section, may be represented during the application process,
including at relevant interviews and examinations, by an
attorney or other accredited representative. Such
representation shall not be at the expense of the United States
Government.
(3) Exclusion from numerical limitations.--Aliens provided
special immigrant visas under this section, or an amendment
made by this section, shall not be counted against any
numerical limitation under section 201(d), 202(a), or 203(b)(4)
of the Immigration and Nationality Act (8 U.S.C. 1151(d),
1152(a), and 1153(b)(4)) or section 602 of the Afghan Allies
Protection Act of 2009 (Public Law 111-8; 8 U.S.C. 1101 note).
(4) Assistance with passport issuance.--The Secretary of
State shall make a reasonable effort to ensure that an alien
who is issued a special immigrant visa under this section, or
an amendment made by this section, is provided with the
appropriate series Afghan passport necessary to enter the
United States.
(5) Protection of aliens.--The Secretary of State, in
consultation with the heads of other appropriate Federal
agencies, shall make a reasonable effort to provide an alien
who is seeking special immigrant status under this section, or
an amendment made by this section, protection or to immediately
remove such alien from Afghanistan, if possible.
(6) Other eligibility for immigrant status.--No alien shall
be denied the opportunity to apply for admission under this
section, or an amendment made by this section, solely because
the alien qualifies as an immediate relative or is eligible for
any other immigrant classification.
(7) Resettlement support.--A citizen or national of
Afghanistan who is granted special immigrant status described
in section 101(a)(27) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)) shall be eligible for resettlement
assistance, entitlement programs, and other benefits available
to refugees admitted under section 207 of such Act (8 U.S.C.
1157) to the same extent, and for the same periods of time, as
such refugees.
(8) Adjustment of status.--Notwithstanding paragraph (2),
(7), or (8) of subsection (c) of section 245 of the Immigration
and Nationality Act (8 U.S.C. 1255), the Secretary of Homeland
Security may adjust the status of an alien described in
subparagraph (N) of section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)) or subsection (a)(2) of
this section to that of an alien lawfully admitted for
permanent residence under subsection (a) of such section 245 if
the alien--
(A) was paroled or admitted as a nonimmigrant into
the United States; and
(B) is otherwise eligible for special immigrant
status under--
(i) this section; or
(ii) the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
(9) Appeals.--
(A) Administrative review.--Not later than 30 days
after the date of the enactment of this Act, the
Secretary of Homeland Security shall provide to aliens
who have applied for special immigrant status under
this section a process by which an applicant may seek
administrative appellate review of a denial of an
applicant for special immigrant status or a revocation
of such status.
(B) Judicial review.--Except as provided in
subparagraph (C), and notwithstanding any other
provision of law, an alien may seek judicial review of
a denial of an application for special immigrant status
or a revocation of such status under this Act, in an
appropriate United States district court.
(C) Stay of removal.--
(i) In general.--Except as provided in
clause (ii), an alien seeking administrative or
judicial review under this Act may not be
removed from the United States until a final
decision is rendered establishing that the
alien is ineligible for special immigrant
status under this section.
(ii) Exception.--The Secretary may remove
an alien described in clause (i) pending
judicial review if such removal is based on
national security concerns. Such removal shall
not affect the alien's right to judicial review
under this Act. The Secretary shall promptly
return a removed alien if a decision to deny an
application for special immigrant status under
this Act, or to revoke such status, is
reversed.
SEC. 8. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the remaining provisions
of this Act, to any person or circumstance, shall not be affected.
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