[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2324 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2324
To provide support for nationals of Afghanistan who supported the
United States mission in Afghanistan and adjustment of status for
eligible individuals, to support at-risk Afghan allies and relatives of
certain members of the Armed Forces, and to amend section 212(d)(5) of
the Immigration and Nationality Act to reform the parole process, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2023
Mr. Cotton (for himself, Mr. Graham, Mr. Tillis, and Mr. Grassley)
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 and adjustment of status for
eligible individuals, to support at-risk Afghan allies and relatives of
certain members of the Armed Forces, and to amend section 212(d)(5) of
the Immigration and Nationality Act to reform the parole process, 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 ``Ensuring American Security and
Protecting Afghan Allies Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on the Judiciary of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House
of Representatives;
(G) the Committee on Armed Services of the House of
Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(2) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(3) 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);
(B) section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101
note; Public Law 109-163); or
(C) section 6 or an amendment made by such section.
(4) Specified application.--The term ``specified
application'' means--
(A) a pending, documentarily complete application
for special immigrant status; and
(B) a case in processing in the United States
Refugee Admissions Program for an individual who has
received a Priority 1 or Priority 2 referral to such
program.
(5) 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. 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 the status
of a specified application submitted by, or on behalf of, a national of
Afghanistan, including any information that has been provided to the
applicant, in accordance with section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)).
(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 designate an appropriate office within the Department of
State--
(1) to review specified applications submitted by nationals
of Afghanistan residing in Afghanistan, including by conducting
any required interviews;
(2) to issue visas or other travel documents to such
nationals, in accordance with the immigration laws;
(3) to provide services to such nationals, to the greatest
extent practicable, that would normally be provided by an
embassy; and
(4) to carry out any other function that the Secretary
considers necessary.
SEC. 4. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE INDIVIDUALS.
(a) Definitions.--In this section:
(1) Conditional permanent resident status.--The term
``conditional permanent resident status'' means conditional
permanent resident status under section 216 of the Immigration
and Nationality Act (8 U.S.C. 1186a-b), subject to the
provisions of this section.
(2) Eligible individual.--The term ``eligible individual''
means an alien who--
(A) is present in the United States;
(B) is a citizen or national of Afghanistan or, in
the case of an alien having no nationality, is a person
who last habitually resided in Afghanistan;
(C) has not been granted permanent resident status;
and
(D)(i) was inspected and admitted to the United
States on or before the date of the enactment of this
Act; or
(ii) 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 upon written notice.
(b) Conditional Permanent Resident Status for Eligible
Individuals.--
(1) Adjustment of status to conditional permanent resident
status.--Immediately on the date of the enactment of this Act,
the Secretary of Homeland Security shall--
(A) adjust the status of each eligible individual
to that of conditional permanent resident status; and
(B) create for each eligible individual a record of
admission to such status as of the date on which the
eligible individual was initially inspected and
admitted or paroled into the United States.
(2) Removal of conditions.--
(A) In general.--Not later than the date described
in subparagraph (B), the Secretary of Homeland Security
shall remove the conditions on the permanent resident
status of an eligible individual if the Secretary has
determined that--
(i) subject to subparagraph (C), the
eligible individual is not subject to any
ground of inadmissibility under section 212 of
the Immigration and Nationality Act (8 U.S.C.
1182); and
(ii) the eligible individual is not the
subject of significant derogatory information,
such as a conviction of a felony or any other
information indicating that the eligible
individual poses a national security concern.
(B) Date described.--The date described in this
subparagraph is the earlier of--
(i) the date that is 4 years after the date
on which an eligible individual was admitted or
paroled into the United States; or
(ii) July 1, 2027.
(C) Waiver.--
(i) In general.--Except as provided in
clause (ii), with respect to an eligible
individual, the Secretary of Homeland Security
may waive the application of the grounds of
inadmissibility under section 212(a) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)) for humanitarian purposes or to ensure
family unity.
(ii) Exceptions.--The Secretary of Homeland
Security may not waive under clause (i) the
application of subparagraphs (C) through (H) of
paragraph (2), or paragraph (3), of section
212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)).
(3) Treatment of conditional resident period for purposes
of naturalization.--An eligible individual in conditional
resident status shall be considered--
(A) to have been admitted to the United States as
an alien lawfully admitted for permanent residence; and
(B) to be present in the United States as an alien
lawfully admitted to the United States for permanent
residence.
(c) Terms of Conditional Permanent Resident Status.--
(1) Assessment.--
(A) In general.--Before removing the conditions on
the permanent resident status of an eligible individual
under subsection (b)(2), the Secretary of Homeland
Security shall conduct an assessment with respect to
the eligible individual, which shall be equivalent in
rigor to the assessment conducted with respect to
refugees admitted to the United States through the
United States Refugee Admissions Program, for the
purpose of determining whether the eligible individual
is subject to any ground of inadmissibility under
section 212 of the Immigration and Nationality Act (8
U.S.C. 1182) or any ground of deportability under
section 237 of that Act (8 U.S.C. 1227).
(B) Consultation.--In conducting an assessment
under subparagraph (A), the Secretary of Homeland
Security may consult with the head of any other
relevant agency and review the holdings of any such
agency.
(2) Periodic nonadversarial meetings.--
(A) In general.--Not later than 180 days after the
date on which the status of an eligible individual is
adjusted to conditional permanent resident status, and
periodically thereafter, the eligible individual shall
participate in a nonadversarial meeting with an
official of the Office of Refugee Resettlement, during
which such official shall--
(i) on request by the eligible individual,
assist the eligible individual in applying for
any applicable immigration benefit and
completing any applicable immigration-related
paperwork; and
(ii) answer any questions regarding
eligibility for other benefits.
(B) Notification of requirements.--Not later than 7
days before the date on which a meeting under
subparagraph (A) is scheduled to occur, the Secretary
of Health and Human Services shall provide notice to
the eligible individual that includes the date of the
scheduled meeting and a description of the process for
rescheduling the meeting.
(C) Conduct of meeting.--The Secretary of Health
and Human Services shall implement practices to ensure
that--
(i) meetings under subparagraph (A) are
conducted in a nonadversarial manner; and
(ii) interpretation and translation
services are provided to eligible individuals
with limited English proficiency.
(D) Rule of construction.--Nothing in this section
shall be construed to prevent an eligible individual
from electing to have counsel present during a meeting
under subparagraph (A).
(3) Eligibility for benefits.--Except with respect to an
application for naturalization, an eligible individual in
conditional permanent resident status shall be considered to be
an alien lawfully admitted for permanent residence for purposes
of the adjudication of an application or petition for a benefit
or the receipt of a benefit.
(4) Notification of requirements.--Not later than 90 days
after the date on which the status of an eligible individual is
adjusted to that of conditional permanent resident status, the
Secretary of Homeland Security shall provide notice to the
eligible individual with respect to the provisions of--
(A) this section;
(B) paragraph (1) (relating to the conduct of
assessments); and
(C) paragraph (2) (relating to periodic
nonadversarial meetings).
(d) Application for Naturalization.--The Secretary of Homeland
Security shall establish procedures by which an eligible individual may
be considered for naturalization concurrently with the removal of the
conditions on his or her permanent resident status under subsection
(b)(2).
(e) Guidance.--
(1) Interim guidance.--
(A) In general.--Not later than 60 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, guidance issued pursuant
to subparagraph (A)--
(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.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Homeland Security shall finalize the guidance
implementing this section.
(B) Exemption from the administrative procedures
act.--Chapter 5 of title 5, United States Code
(commonly known as the ``Administrative Procedures
Act'') shall not apply to the guidance issued under
this paragraph.
(f) Asylum Claims.--With respect to the adjudication of an
application for asylum submitted by an eligible individual, section
2502(c) of the Extending Government Funding and Delivering Emergency
Assistance Act (8 U.S.C. 1101 note; Public Law 117-43) shall not apply.
(g) Prohibition on Fees.--The Secretary of Homeland Security may
not charge a fee to any eligible individual in connection with the
initial issuance under this section of--
(1) a document evidencing status as an alien lawfully
admitted for permanent residence; or
(2) an employment authorization document.
(h) Eligibility for Benefits.--
(1) In general.--Notwithstanding any other provision of
law--
(A) an individual described in subsection (a) of
section 2502 of the Afghanistan Supplemental
Appropriations Act, 2022 (8 U.S.C. 1101 note, Public
Law 117-43) shall retain his or her eligibility for the
benefits and services described in subsection (b) of
such section if the individual has a pending
application, or is granted adjustment of status, under
this section; and
(B) such benefits and services shall remain
available to the individual to the same extent and for
the same periods of time as such benefits and services
are otherwise available to refugees who acquire such
status.
(2) Exception from five-year limited eligibility for means-
tested public benefits.--Section 403(b)(1) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1613(b)(1)) is amended by adding at the end the
following:
``(F) An alien who status is adjusted to that of an
alien lawfully admitted for permanent residence under
section 4 of the Ensuring American Security and
Protecting Afghan Allies Act.''.
(i) Rule of Construction.--Nothing in this section may be construed
to preclude an eligible individual from applying for or receiving any
immigration benefit to which the eligible individual is otherwise
entitled.
(j) Authorization for Appropriations.--There is authorized to be
appropriated to the Secretary of Homeland Security $20,000,000 for each
of the fiscal years 2024 through 2028 to carry out this section.
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 and contingency plan described in subsection
(d)(1)(A); and
(2) to submit the report, and provide a briefing on the
report, as described in subsection (d).
(b) Membership.--
(1) In general.--The Task Force shall include--
(A) 1 or more representatives from each relevant
Federal agency, as designated by the head of the
applicable relevant Federal agency; and
(B) any other Federal Government official
designated by the President.
(2) Defined term.--In this subsection, the term ``relevant
Federal agency'' means--
(A) the Department of State;
(B) the Department Homeland Security;
(C) the Department of Defense;
(D) the Department of Health and Human Services;
(E) the Federal Bureau of Investigation; and
(F) the Office of the Director of National
Intelligence.
(c) Chair.--The Task Force shall be chaired by the Secretary of
State.
(d) Duties.--
(1) Report.--
(A) In general.--Not later than 180 days after the
date on which the Task Force is established, the Task
Force, acting through the chair of the Task Force,
shall submit a report to the appropriate committees of
Congress that includes--
(i) a strategy for facilitating the
resettlement of nationals of Afghanistan
outside the United States who, during the
period beginning on October 1, 2001, and ending
on September 1, 2021, directly and personally
supported the United States mission in
Afghanistan, as determined by the Secretary of
State in consultation with the Secretary of
Defense; and
(ii) a contingency plan for future
emergency operations in foreign countries
involving foreign nationals who have worked
directly with the United States Government,
including the Armed Forces of the United States
and United States intelligence agencies.
(B) Elements.--The report required under
subparagraph (A) shall include--
(i) the total number of nationals of
Afghanistan who have pending specified
applications, disaggregated by--
(I) such nationals in Afghanistan
and such nationals in a third country;
(II) type of specified application;
and
(III) applications that are
documentarily complete and applications
that are not documentarily complete;
(ii) an estimate of the number of nationals
of Afghanistan who may be eligible for special
immigrant status under section 107 or an
amendment made by such section;
(iii) with respect to the strategy required
under subparagraph (A)(i)--
(I) the estimated number of
nationals of Afghanistan described in
such subparagraph;
(II) a description of the process
for safely resettling such nationals;
(III) a plan for processing such
nationals of Afghanistan for admission
to the United States, that--
(aa) discusses the
feasibility of remote
processing for such nationals
of Afghanistan residing in
Afghanistan;
(bb) includes any strategy
for facilitating refugee and
consular processing for such
nationals of Afghanistan in
third countries, and the
timelines for such processing;
(cc) includes a plan for
conducting rigorous and
efficient vetting of all such
nationals of Afghanistan for
processing;
(dd) discusses the
availability and capacity of
sites in third countries to
process applications and
conduct any required vetting
for such nationals of
Afghanistan, including the
potential to establish
additional sites; and
(ee) includes a plan for
providing updates and necessary
information to affected
individuals and relevant
nongovernmental organizations;
(IV) a description of
considerations, including resource
constraints, security concerns, missing
or inaccurate information, and
diplomatic considerations, that limit
the ability of the Secretary of State
or the Secretary of Homeland Security
to increase the number of such
nationals of Afghanistan who can be
safely processed or resettled;
(V) an identification of any
resource or additional authority
necessary to increase the number of
such nationals of Afghanistan who can
be processed or resettled;
(VI) an estimate of the cost to
fully implement the strategy; and
(VII) any other matter the Task
Force considers relevant to the
implementation of the strategy; and
(iv) with respect to the contingency plan
required by subparagraph (A)(ii)--
(I) a description of the standard
practices for screening and vetting
foreign nationals considered to be
eligible for resettlement in the United
States, including a strategy for
vetting, and maintaining the records
of, such foreign nationals who are
unable to provide identification
documents or biographic details due to
emergency circumstances;
(II) a strategy for facilitating
refugee or consular processing for such
foreign nationals in third countries;
(III) clear guidance with respect
to which Federal agency has the
authority and responsibility to
coordinate Federal resettlement
efforts;
(IV) a description of any resource
or additional authority necessary to
coordinate Federal resettlement
efforts, including the need for a
contingency fund; and
(V) any other matter the Task Force
considers relevant to the
implementation of the contingency plan.
(C) Form.--The report required under 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 appropriate committees of Congress on the contents of the
report.
(e) Termination.--The Task Force shall remain in effect until the
earlier of--
(1) the date on which the strategy required under
subsection (d)(1)(A)(i) has been fully implemented; or
(2) the date that is 3 years after the date of the
enactment of this Act.
SEC. 6. SUPPORTING AT-RISK AFGHAN ALLIES AND RELATIVES OF CERTAIN
MEMBERS OF THE ARMED FORCES.
(a) Designation of At-Risk Afghan Allies as Priority 2 Refugees.--
(1) Definition of at-risk afghan ally.--
(A) In general.--In this subsection, the term ``at-
risk Afghan ally'' means an alien who--
(i) is a citizen or national of
Afghanistan;
(ii) was--
(I) a member of--
(aa) the special operations
forces of the Afghanistan
National Defense and Security
Forces;
(bb) the Afghanistan
National Army Special
Operations Command;
(cc) the Afghan Air Force;
or
(dd) the Special Mission
Wing of Afghanistan;
(II) a female member of any other
entity of the Afghanistan National
Defense and Security Forces,
including--
(aa) a cadet or instructor
at the Afghanistan National
Defense University; and
(bb) a civilian employee of
the Ministry of Defense or the
Ministry of Interior Affairs;
(III) an individual associated with
former Afghan military and police human
intelligence activities, including
operators and Department of Defense
sources;
(IV) an individual associated with
former Afghan military
counterintelligence;
(V) an individual associated with
the former Afghan Ministry of Defense
who was involved in the prosecution and
detention of combatants; or
(VI) a senior military officer,
senior enlisted personnel, or civilian
official who served on the staff of the
former Ministry of Defense or the
former Ministry of Interior Affairs of
Afghanistan; and
(iii) provided service to an entity or
organization described in clause (ii) for not
less than 1 year during the period beginning on
December 22, 2001, and ending on September 1,
2021, and did so in support of the United
States mission in Afghanistan.
(B) Inclusions.--For purposes of this paragraph,
the Afghanistan National Defense and Security Forces
includes members of the security forces under the
Ministry of Defense and the Ministry of Interior
Affairs of the Islamic Republic of Afghanistan,
including the Afghanistan National Army, the Afghan Air
Force, the Afghanistan National Police, and any other
entity designated by the Secretary of Defense as part
of the Afghanistan National Defense and Security Forces
during the relevant period of service of the applicant
concerned.
(2) Designation.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall designate, as
Priority 2 refugees of special humanitarian concern, at-risk
Afghan allies.
(3) At-risk afghan allies referral program.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense shall establish a process by which an
individual may apply to the Secretary for
classification as an at-risk Afghan ally and request a
referral to the United States Refugee Admissions
Program as a Priority 2 refugee.
(B) Application system.--The process established
under subparagraph (A) shall--
(i) include the development and maintenance
of a secure online portal through which
applicants may provide information verifying
their status as at-risk Afghan allies and
upload supporting documentation; and
(ii) allow--
(I) an applicant to submit his or
her own application; and
(II) a designee of an applicant to
submit an application on behalf of the
applicant.
(C) Review process.--As soon as practicable after
receiving a request for classification and referral
described in subparagraph (A), the Secretary of Defense
shall--
(i) review--
(I) the service record of the
applicant, if available;
(II) if the applicant provides a
service record or other supporting
documentation, any information that
helps verify the service record
concerned, including information or an
attestation provided by any current or
former official of the Department of
Defense who has personal knowledge of
the eligibility of the applicant for
such classification and referral; and
(III) the data holdings of the
Department of Defense and other
cooperating interagency partners,
including biographic and biometric
records, iris scans, fingerprints,
voice biometric information, hand
geometry biometrics, other identifiable
information, and any other information
related to the applicant, including
relevant derogatory information; and
(ii)(I) in a case in which the Secretary of
Defense determines that the applicant is an at-
risk Afghan ally, refer the at-risk Afghan ally
to the United States Refugee Admissions Program
as a Priority 2 refugee; and
(II) include with such referral any
significant derogatory information regarding
the at-risk Afghan ally.
(D) Personnel to support recommendations.--Any
limitation in law with respect to the number of
personnel within the Office of the Secretary of
Defense, the military departments, or the defense
agencies shall not apply to personnel employed for the
primary purpose of carrying out this paragraph.
(E) Review process for denial of request for
referral.--
(i) In general.--In the case of an
applicant with respect to whom the Secretary of
Defense denies a request for classification and
referral based on a determination that the
applicant is not an at-risk Afghan ally or
based on derogatory information--
(I) the Secretary shall provide the
applicant with a written notice of the
denial that provides, to the maximum
extent practicable, a description of
the basis for the denial, including the
facts and inferences, or evidentiary
gaps, underlying the individual
determination; and
(II) the applicant shall be
provided an opportunity to submit not
more than 1 written appeal to the
Secretary for each such denial.
(ii) Deadline for appeal.--An appeal under
subclause (II) of clause (i) shall be
submitted--
(I) not more than 120 days after
the date on which the applicant
concerned receives notice under
subclause (I) of that clause; or
(II) on any date thereafter, at the
discretion of the Secretary of Defense.
(iii) Request to reopen.--
(I) In general.--An applicant who
receives a denial under clause (i) may
submit a request to reopen a request
for classification and referral under
the process established under
subparagraph (A) so that the applicant
may provide additional information,
clarify existing information, or
explain any unfavorable information.
(II) Limitation.--After considering
1 such request to reopen from an
applicant, the Secretary of Defense may
deny subsequent requests to reopen
submitted by the same applicant.
(b) Special Immigrant Visas 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 parent or brother or sister 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 a request for a
classification and referral as a refugee or an application for,
or issuance of, a special immigrant visa or special immigrant
status under--
(A) this section or an amendment made by this
section;
(B) section 602 of the Afghan Allies Protection Act
of 2009 ( 8 U.S.C. 1101 note; Public Law 111-8); or
(C) section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101
note; Public Law 109-163).
(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) Numerical limitations.--
(A) In general.--Subject to subparagraph (C), the
total number of principal aliens who may be provided
special immigrant visas under this section may not
exceed 2,500 each fiscal year.
(B) Carryover.--If the numerical limitation
specified in subparagraph (A) is not reached during a
given fiscal year, the numerical limitation specified
in such subparagraph for the following fiscal year
shall be increased by a number equal to the difference
between--
(i) the numerical limitation specified in
subparagraph (A) for the given fiscal year; and
(ii) the number of principal aliens
provided special immigrant visas under this
section during the given fiscal year.
(C) Maximum number of visas.--The total number of
aliens who may be provided special immigrant visas
under this section shall not exceed 10,000.
(D) Duration of authority.--The authority to issue
visas under this section shall--
(i) commence on the date of the enactment
of this Act; and
(ii) terminate on the date on which all
such visas are exhausted.
(4) Protection of aliens.--The Secretary of State, in
consultation with the head of any other appropriate Federal
agency, shall make a reasonable effort to provide an alien who
is seeking status as a special immigrant or requesting
classification and referral as a refugee under this section, or
an amendment made by this section, protection or to immediately
remove such alien from Afghanistan, if possible.
(5) 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.
(6) Resettlement support.--A citizen or national of
Afghanistan who is admitted to the United States as a special
immigrant under this section or an amendment made by this
section 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.
(7) Adjustment of status for special immigrants in certain
circumstances.--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--
(i) paroled into the United States during
the period beginning on July 30, 2021, and
ending on the date of enactment of this Act,
provided that such parole has not been
terminated by the Secretary of Homeland
Security upon written notice; or
(ii) admitted as a nonimmigrant into the
United States; and
(B) is otherwise eligible for status as a special
immigrant under--
(i) this section; or
(ii) the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
(8) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security, the
Secretary of State, the Secretary of Defense, and the Secretary
of Health and Human Services such sums as are necessary for
each of the fiscal years 2024 through 2034 to carry out this
section and the amendments made by this section.
SEC. 7. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE UNITED STATES.
Notwithstanding any other provision of law, during Operation Allies
Welcome, Enduring Welcome, and any successor operation, the Secretary
of Homeland Security and the Secretary of State may waive any fee or
surcharge or exempt individuals from the payment of any fee or
surcharge collected by the Department of Homeland Security and the
Department of State, respectively, in connection with a petition or
application for, or issuance of, an immigrant visa to a national of
Afghanistan under section 201(b)(2)(A)(i) or 203(a) of the Immigration
and Nationality Act, 8 U.S.C. 1101(b)(2)(A)(i) and 1153(a),
respectively.
SEC. 8. PAROLE REFORM.
(a) In General.--Section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)) is amended to read as follows:
``(5)(A) Except as provided in subparagraphs (B) and (C) and
section 214(f), the Secretary of Homeland Security, in the discretion
of the Secretary, may temporarily parole into the United States any
alien applying for admission to the United States who is not present in
the United States, under such conditions as the Secretary may
prescribe, on a case-by-case basis, and not according to eligibility
criteria describing an entire class of potential parole recipients, for
urgent humanitarian reasons or significant public benefit. Parole
granted under this subparagraph may not be regarded as an admission of
the alien. When the purposes of such parole have been served in the
opinion of the Secretary, the alien shall immediately return or be
returned to the custody from which the alien was paroled. After such
return, 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 States.
``(B) The Secretary of Homeland Security may grant parole to any
alien who--
``(i) is present in the United States without lawful
immigration status;
``(ii) is the beneficiary of an approved petition under
section 203(a);
``(iii) is not otherwise inadmissible or removable; and
``(iv) is the spouse or child of a member of the Armed
Forces serving on active duty.
``(C) The Secretary of Homeland Security may grant parole to any
alien--
``(i) who is a national of the Republic of Cuba and is
living in the Republic of Cuba;
``(ii) who is the beneficiary of an approved petition under
section 203(a);
``(iii) for whom an immigrant visa is not immediately
available;
``(iv) who meets all eligibility requirements for an
immigrant visa;
``(v) who is not otherwise inadmissible; and
``(vi) 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 U.S.-Cuba Joint Communique on Migration, done
at New York September 9, 1994, and reaffirmed in the Cuba-
United States: Joint Statement on Normalization of Migration,
Building on the Agreement of September 9, 1994, done at New
York May 2, 1995.
``(D) For purposes of determining an alien's eligibility for parole
under subparagraph (A), an urgent humanitarian reason shall be limited
to circumstances in which the alien establishes that--
``(i)(I) the alien has a medical emergency; and
``(II)(aa) the alien cannot obtain necessary treatment in
the foreign state in which the alien is residing; or
``(bb) the medical emergency is life-threatening and there
is insufficient time for the alien to be admitted through the
normal visa process;
``(ii) the alien is the parent or legal guardian of an
alien described in clause (i) and the alien described in clause
(i) is a minor;
``(iii) 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 process;
``(iv) 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 process;
``(v) 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 process;
``(vi) 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
visa; or
``(vii) the alien is a lawful applicant for adjustment of
status under section 245 and is returning to the United States
after temporary travel abroad.
``(E) For purposes of determining an alien's eligibility for parole
under subparagraph (A), a significant public benefit may be determined
to result from the parole of an alien only if--
``(i) the alien has assisted (or will assist, whether
knowingly or not) the United States Government in a law
enforcement matter;
``(ii) the alien's presence is required by the Government
in furtherance of such law enforcement matter; and
``(iii) the alien is inadmissible, does not satisfy the
eligibility requirements for admission as a nonimmigrant, or
there is insufficient time for the alien to be admitted through
the normal visa process.
``(F) For purposes of determining an alien's eligibility for parole
under subparagraph (A), 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 parole.
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 basis'.
``(G) 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 (B), (C), (D), and (E).
``(H) An alien granted parole may not accept employment, except
that an alien granted parole pursuant to subparagraph (B) or (C) is
authorized to accept employment for the duration of the parole, as
evidenced by an employment authorization document issued by the
Secretary of Homeland Security.
``(I) Parole granted after a departure from the United States shall
not be regarded as an admission of the alien. An alien granted parole,
whether as an initial grant of parole or parole upon reentry into the
United States, 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 benefit.
``(J)(i) Except as provided in clauses (ii) and (iii), parole shall
be granted to an alien under this paragraph for the shorter of--
``(I) a period of sufficient length to accomplish the
activity described in subparagraph (D) or (E) for which the
alien was granted parole; or
``(II) 1 year.
``(ii) Grants of parole pursuant to subparagraph (A) may be
extended once, in the discretion of the Secretary, for an additional
period that is the shorter of--
``(I) the period that is necessary to accomplish the
activity described in subparagraph (D) or (E) for which the
alien was granted parole; or
``(II) 1 year.
``(iii) Aliens who have a pending application to adjust status to
permanent residence under section 245 may request extensions of parole
under this paragraph, in 1-year increments, until the application for
adjustment has been adjudicated. Such parole shall terminate
immediately upon the denial of such adjustment application.
``(K) Not later than 90 days after the last day of each fiscal
year, 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 public, a
report--
``(i) identifying the total number of aliens paroled into
the United States under this paragraph during the previous
fiscal year; and
``(ii) containing information and data regarding all aliens
paroled during such fiscal year, including--
``(I) the duration of parole;
``(II) the type of parole; and
``(III) the current status of the aliens so
paroled.''.
(b) Implementation.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on the date that is 30 days after the date of the
enactment of this Act.
(2) Exceptions.--Notwithstanding paragraph (1)--
(A) 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 approved;
(B) section 212(d)(5)(I) of the Immigration and
Nationality Act, as added by subsection (a), shall take
effect on the date of the enactment of this Act; and
(C) aliens who were paroled into the United States
pursuant to section 212(d)(5)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)(A)) before January
1, 2023, shall continue to be subject to the terms of
parole that were in effect on the date on which their
respective parole was approved.
(c) Cause of Action.--Any person, State, or local government that
experiences financial harm in excess of $1,000 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.
SEC. 9. SEVERABILITY.
If any provision of this title, or the application of such
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this title, and the application of
the remaining provisions of this title to any person or circumstance,
shall not be affected.
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