[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 225 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 225
To amend the Immigration and Nationality Act to reform temporary
protected status, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23, 2025
Mr. Banks (for himself, Mrs. Hyde-Smith, and Mr. Lee) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to reform temporary
protected status, 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 ``End Unaccountable Amnesty Act''.
SEC. 2. TEMPORARY PROTECTED STATUS.
(a) Power To Designate a Foreign State.--Section 244(b) of the
Immigration and Nationality Act (8 U.S.C. 1254a(b)) is amended--
(1) by striking paragraphs (1), (2), and (3) and inserting
the following:
``(1) Initial designation.--For purposes of this section, a
foreign state may be designated upon the enactment of an Act
that satisfies the following requirements:
``(A) The Act shall contain a finding that--
``(i) there is an ongoing armed conflict
within the state and, due to such conflict,
requiring the return of aliens who are
nationals of that state (or to the part of the
state) would pose a serious threat to their
personal safety;
``(ii)(I) there has been an earthquake,
flood, drought, epidemic, or other immediately
life-threatening environmental disaster in the
state resulting in a substantial, but
temporary, disruption of living conditions in
the area affected;
``(II) the foreign state is unable,
temporarily, to handle adequately the return to
the state of aliens who are nationals of the
state; and
``(III) the foreign state officially has
requested designation under this subparagraph;
or
``(iii)(I) 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
``(II) permitting the aliens to remain
temporarily in the United States is not
contrary to the national interest of the United
States.
``(B) The Act shall include--
``(i) an estimate of the number of
nationals of the foreign state who are (or
within the effective period of the designation
are likely to become) eligible for temporary
protected status under this section;
``(ii) such nationals' immigration status
in the United States; and
``(iii) a time period for the effectiveness
of the designation that is not greater than 12
months.
``(2) Termination.--
``(A) Timely termination.--If an initial
designation of a foreign state is not extended under
paragraph (3), the initial designation shall terminate
at the end of the time period described in paragraph
(1)(B)(iii).
``(B) Early termination.--For purposes of this
section, the designation of a foreign state shall be
terminated upon the enactment of an Act that contains a
finding that the foreign state (or part of such foreign
state) no longer meets the conditions for designation
under paragraph (1)(A).
``(3) Extension.--For purposes of this section, the time
period for the effectiveness of the designation of a foreign
state may be extended upon the enactment of an Act that
includes--
``(A) a finding that the conditions for designation
under paragraph (1)(A) continue to be met; and
``(B) a time period for the effectiveness of the
extension that is not greater than 12 months.''; and
(2) in paragraph (5)(A), by striking ``of the Attorney
General'' and inserting ``made in any Act''.
(b) Aliens Lacking Lawful Immigration Status.--Section 244(c)(2)(B)
of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)) is
amended--
(1) in clause (i), by striking ``, or'' at the end and
inserting a semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) the alien lacks a lawful
immigration status.''.
(c) Conforming Amendments.--Section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a) is amended--
(1) in subsection (d)(3), by striking ``If the Attorney
General terminates the designation of a foreign state (or part
of such foreign state) under subsection (b)(3)(B)'' and
inserting ``If the designation of a foreign state (or part of
such foreign state) is terminated under subsection (b)(2)'';
and
(2) in subsection (i)(1)--
(A) in subparagraph (A), by striking the comma at
the end and inserting ``; and'';
(B) in subparagraph (B), by striking ``, and'' and
inserting a period; and
(C) by striking subparagraph (C).
(d) Technical Corrections.--Section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a), as amended by subsections (a) and (b)
of this section, is further amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(2) in subsection (d)(3), by striking ``Attorney
General's'' and inserting ``Secretary of Homeland Security's''.
SEC. 3. UNACCOMPANIED ALIEN CHILDREN.
(a) Repatriation of Unaccompanied Alien Children.--
(1) In general.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) is amended--
(A) in subsection (a)--
(i) in paragraph (2)--
(I) by amending the heading to read
as follows: ``Rules for unaccompanied
alien children.--'';
(II) in subparagraph (A)--
(aa) in the matter
preceding clause (i), by
striking ``who is a national or
habitual resident of a country
that is contiguous with the
United States'';
(bb) in clause (i), by
inserting ``and'' at the end;
(cc) in clause (ii), by
striking ``; and'' and
inserting a period; and
(dd) by striking clause
(iii); and
(III) in subparagraph (B)--
(aa) in the matter
preceding clause (i), by
striking ``(8 U.S.C. 1101 et
seq.) may--'' and inserting
``(8 U.S.C. 1101 et seq.)--'';
(bb) in clause (i), by
inserting ``may'' before
``permit such child to
withdraw''; and
(cc) in clause (ii), by
inserting ``shall'' before
``return such child''; and
(ii) in paragraph (5)(D)--
(I) in the matter preceding clause
(i), by striking ``, except for an
unaccompanied alien child from a
contiguous country subject to
exceptions under subsection (a)(2),''
and inserting ``who does not meet the
criteria listed in paragraph (2)(A)'';
and
(II) in clause (i), by inserting
``, which shall include a hearing
before an immigration judge not later
than 14 days after being screened under
paragraph (4)'' before the semicolon at
the end;
(B) in subsection (b)--
(i) in paragraph (2)--
(I) in subparagraph (A), by
inserting ``believed not to meet the
criteria listed in subsection
(a)(2)(A)'' after ``child''; and
(II) in subparagraph (B), by
inserting ``and does not meet the
criteria listed in subsection
(a)(2)(A)'' after ``age''; and
(ii) in paragraph (3), by striking ``an
unaccompanied alien child in custody shall''
and all that follows through ``child.'', and
inserting the following: ``an unaccompanied
alien child in custody--
``(A) in the case of a child who does not meet the
criteria listed in subsection (a)(2)(A), shall transfer
the custody of such child to the Secretary of Health
and Human Services not later than 30 days after
determining that such child is an unaccompanied alien
child who does not meet such criteria; or
``(B) in the case of a child who meets the criteria
listed in subsection (a)(2)(A), 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 criteria.'';
and
(C) in subsection (c)--
(i) in paragraph (3), by inserting at the
end the following:
``(D) Information about individuals with whom
children are placed.--
``(i) Information to be provided to
homeland security.--Before placing a child with
an individual, the Secretary of Health and
Human Services shall provide to the Secretary
of Homeland Security, regarding the individual
with whom the child will be placed, information
on--
``(I) the name of the individual;
``(II) the social security number
of the individual;
``(III) the date of birth of the
individual;
``(IV) the location of the
individual's residence where the child
will be placed;
``(V) the immigration status of the
individual, if known; and
``(VI) contact information for the
individual.
``(ii) Activities of the secretary of
homeland security.--Not later than 30 days
after receiving the information listed in
clause (i), the Secretary of Homeland Security,
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 4 of title II of the
Immigration and Nationality Act (8 U.S.C. 1221
et seq.), shall initiate such removal
proceedings.''; and
(ii) in paragraph (5), in the first
sentence--
(I) by inserting ``(at no expense
to the Government)'' after ``to the
greatest extent practicable''; and
(II) by striking ``have counsel to
represent them'' and inserting ``have
access to counsel to represent them''.
(2) Effective date.--The amendments made by this section
shall apply to any unaccompanied alien child (as such term is
defined in section 462(g) of the Homeland Security Act of 2002
(6 U.S.C. 279(g))) apprehended on or after the date that is 30
days after the date of the enactment of this Act.
(b) Special Immigrant Juvenile Status for Immigrants Unable To
Reunite With Either Parent.--Section 101(a)(27)(J) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended--
(1) in clause (i), by striking ``, and whose reunification
with 1 or both of the immigrant's parents is not viable due to
abuse, neglect, abandonment, or a similar basis found under
State law''; and
(2) in clause (iii)--
(A) in subclause (I), by striking ``and'' at the
end;
(B) in subclause (II), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(III) 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
abuse, neglect, abandonment, or any
similar cause under State law;''.
(c) Rule of Construction.--Nothing in this section shall be
construed to limit the following procedures or practices relating to an
unaccompanied alien child (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))):
(1) Screening of such a child for a credible fear of return
to his or her country of origin.
(2) Screening of such a child to determine whether he or
she was a victim of trafficking.
(3) 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 12 years of
age.
SEC. 4. REPEAL OF CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS.
(a) Repeal.--Section 240A of the Immigration and Nationality Act (8
U.S.C. 1229b) is repealed.
(b) Conforming Amendments.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended--
(1) in section 101(a)--
(A) in paragraph (13)(C)(v), by striking ``or
240A(a)'';
(B) in paragraph (50), by striking ``,
204(a)(1)(B)(ii)(II)(aa)(BB), or
240A(b)(2)(A)(i)(III)'' and inserting ``or
204(a)(1)(B)(ii)(II)(aa)(BB)'';
(2) by striking section 201(b)(1)(D);
(3) in section 240--
(A) in subsection (b)(7), by striking ``240A,'';
(B) in subsection (c)(7)(C)(iv)(I), by striking
``clause (ii) or (iii) of section 204(a)(1)(B), or
240A(b)(2)'' and inserting ``or clause (ii) or (iii) of
section 204(a)(1)(B)'';
(C) in subsection (e), by striking ``and section
240A'';
(4) in section 240B(d)--
(A) in paragraph (1)(B), by striking ``240A,'';
(B) in paragraph (2)--
(i) by striking ``240A or''; and
(ii) by striking ``under section
240A(b)(2), or'';
(5) in section 242(a)(2)(B)(i), by striking ``240A,'';
(6) by striking section 244(e);
(7) in section 245(l)(7), by striking ``240A(b)(2),'' and
(8) by striking section 504(k)(3).
SEC. 5. PROHIBITED IDENTIFICATION DOCUMENTS FOR AIR TRAVEL.
(a) 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 checkpoint.
(b) Prohibition on Operations for Certain Air Carriers.--
(1) In general.--Chapter 401 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 40133. Prohibition on operations of 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 (as defined in section 5(c)
of the End Unaccountable Amnesty Act) as identification to board such
aircraft.''.
(2) Clerical amendment.--The analysis for chapter 401 of
title 49, United States Code, is amended by inserting after the
item relating to section 40132 the following:
``40133. Prohibition on operations of air carriers allowing use of
prohibited identification documents.''.
(c) Definition.--In this section, the term ``prohibited
identification document'' means any of the following:
(1) The CBP One Mobile Application.
(2) A notice to appear issued by the Department of Homeland
Security pursuant to section 239(a) of the Immigration and
Nationality Act (8 U.S.C. 1229(a)).
(3) Department of Homeland Security Form I-385 (commonly
known as a ``Notice to Report'').
SEC. 6. IMMIGRATION 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) The Secretary of Homeland Security may grant parole
to an alien who is returned to a contiguous country under
section 235(b)(2)(C) to allow the alien to attend the alien's
immigration hearing. The grant of parole shall not exceed the
time required for the alien to be escorted to, and attend, the
alien's immigration hearing scheduled on the same calendar day
as the grant, and to immediately thereafter be escorted back to
the contiguous country. A grant of parole under this
subparagraph shall not be considered for purposes of
determining whether the alien is inadmissible under this Act.
``(E) 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.
``(F) 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.
``(G) 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'.
``(H) 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), (E), and (F).
``(I) 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.
``(J) 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.
``(K)(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), (E), or (F)
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 (E) or (F) 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.
``(L) The total number of aliens granted parole under this
paragraph during any fiscal year may not exceed 1,000.
``(M) 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), each of the
following exceptions apply:
(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)(J) of the Immigration and
Nationality Act, as added by subsection (a), shall take
effect on the date of the enactment of this Act.
(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 for appropriate relief.
(d) Severability.--If any provision of this section or any
amendment by this section, or the application of such provision or
amendment to any person or circumstance, is held to be
unconstitutional, the remainder of this section and the application of
such provision or amendment to any other person or circumstance shall
not be affected.
<all>