Text: H.R.559 — 116th Congress (2019-2020)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 116-24 (06/25/2019)

 
[116th Congress Public Law 24]
[From the U.S. Government Publishing Office]



[[Page 133 STAT. 977]]

Public Law 116-24
116th Congress

                                 An Act


 
To amend section 6 of the Joint Resolution entitled ``A Joint Resolution 
  to approve the Covenant To Establish a Commonwealth of the Northern 
 Mariana Islands in Political Union with the United States of America, 
    and for other purposes''. <<NOTE: June 25, 2019 -  [H.R. 559]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Northern Mariana 
Islands Long-Term Legal Residents Relief Act.>> 
SECTION 1. <<NOTE: 48 USC 1801 note.>>  SHORT TITLE.

    This Act may be cited as the ``Northern Mariana Islands Long-Term 
Legal Residents Relief Act''.
SEC. 2. LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF THE 
                    NORTHERN MARIANA ISLANDS.

    Section 6(e) of the Joint Resolution entitled ``A Joint Resolution 
to approve the Covenant To Establish a Commonwealth of the Northern 
Mariana Islands in Political Union with the United States of America, 
and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806), is 
amended by adding at the end the following:
            ``(6) Special provision regarding long-term residents of the 
        commonwealth.--
                    ``(A) CNMI resident status.--An alien described in 
                subparagraph (B) may, upon the application of the alien, 
                be admitted in CNMI Resident status to the Commonwealth 
                subject to the following rules:
                          ``(i) The alien shall be treated as an alien 
                      lawfully admitted to the Commonwealth only, 
                      including permitting entry to and exit from the 
                      Commonwealth, until the earlier of the date on 
                      which--
                                    ``(I) the alien ceases to reside in 
                                the Commonwealth; or
                                    ``(II) the alien's status is 
                                adjusted under section 245 of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1255) to that of an alien 
                                lawfully admitted for permanent 
                                residence in accordance with all 
                                applicable eligibility requirements.
                          ``(ii) <<NOTE: Time periods. Effective 
                      dates.>>  The Secretary of Homeland Security--
                                    ``(I) shall establish a process for 
                                such alien to apply for CNMI Resident 
                                status <<NOTE: Deadline.>> during the 
                                180-day period beginning on a date 
                                determined by the Secretary but not 
                                later than the first day of the sixth 
                                month after the date of the enactment of 
                                this paragraph; and
                                    ``(II) may, in the Secretary's 
                                discretion, authorize deferred action or 
                                parole, as appropriate, with work 
                                authorization, for such alien beginning

[[Page 133 STAT. 978]]

                                on the date of the enactment of this 
                                paragraph and continuing through the end 
                                of such 180-day period or the date of 
                                adjudication of the alien's application 
                                for CNMI Resident status, whichever is 
                                later.
                          ``(iii) Nothing in this subparagraph may be 
                      construed to provide any alien granted status 
                      under this subparagraph with public assistance to 
                      which the alien is not otherwise entitled.
                          ``(iv) An alien granted status under this 
                      paragraph--
                                    ``(I) is subject to all grounds of 
                                deportability under section 237 of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1227);
                                    ``(II) is subject to all grounds of 
                                inadmissibility under section 212 of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1182) if seeking admission to the 
                                United States at a port of entry in the 
                                Commonwealth;
                                    ``(III) is inadmissible to the 
                                United States at any port of entry 
                                outside the Commonwealth, except that 
                                the Secretary of Homeland Security may 
                                in the Secretary's discretion authorize 
                                admission of such alien at a port of 
                                entry in Guam for the purpose of direct 
                                transit to the Commonwealth, which 
                                admission shall be considered an 
                                admission to the Commonwealth;
                                    ``(IV) automatically shall lose such 
                                status if the alien travels from the 
                                Commonwealth to any other place in the 
                                United States, except that the Secretary 
                                of Homeland Security may in the 
                                Secretary's discretion establish 
                                procedures for the advance approval on a 
                                case-by-case basis of such travel for a 
                                temporary and legitimate purpose, and 
                                the Secretary may in the Secretary's 
                                discretion authorize the direct transit 
                                of aliens with CNMI Resident status 
                                through Guam to a foreign place;
                                    ``(V) shall be authorized to work in 
                                the Commonwealth incident to status; and
                                    ``(VI) shall be issued appropriate 
                                travel documentation and evidence of 
                                work authorization by the Secretary.
                    ``(B) Aliens described.--An alien is described in 
                this subparagraph if the alien--
                          ``(i) was lawfully present on the date of the 
                      enactment of this paragraph or on December 31, 
                      2018, in the Commonwealth under the immigration 
                      laws of the United States, including pursuant to a 
                      grant of parole under section 212(d)(5) of the 
                      Immigration and Nationality Act (8 U.S.C. 
                      1182(d)(5)) or deferred action;
                          ``(ii) is admissible as an immigrant to the 
                      United States under the Immigration and 
                      Nationality Act (8 U.S.C. 1101 et seq.), except 
                      that no immigrant visa is required;
                          ``(iii) <<NOTE: Time period.>>  resided 
                      continuously and lawfully in the Commonwealth from 
                      November 28, 2009, through the date of the 
                      enactment of this paragraph;

[[Page 133 STAT. 979]]

                          ``(iv) is not a citizen of the Republic of the 
                      Marshall Islands, the Federated States of 
                      Micronesia, or the Republic of Palau; and
                          ``(v) in addition--
                                    ``(I) <<NOTE: Time period.>>  was 
                                born in the Northern Mariana Islands 
                                between January 1, 1974, and January 9, 
                                1978;
                                    ``(II) was, on November 27, 2009, a 
                                permanent resident of the Commonwealth 
                                (as defined in section 4303 of title 3 
                                of the Northern Mariana Islands 
                                Commonwealth Code, in effect on May 8, 
                                2008);
                                    ``(III) 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 subclause (I) or (II);
                                    ``(IV) was, on November 27, 2011, a 
                                spouse, child, or parent of a United 
                                States citizen, notwithstanding the age 
                                of the United States citizen, and 
                                continues to have such family 
                                relationship with the citizen on the 
                                date of the application described in 
                                subparagraph (A); or
                                    ``(V) had a grant of parole under 
                                section 212(d)(5) of the Immigration and 
                                Nationality Act (8 U.S.C. 1182(d)(5)) on 
                                December 31, 2018, under the former 
                                parole program for certain in-home 
                                caregivers administered by United States 
                                Citizenship and Immigration Services.
                    ``(C) <<NOTE: Effective date.>>  Authority of 
                attorney general.--Beginning on the first day of the 
                180-day period established by the Secretary of Homeland 
                Security under subparagraph (A)(ii)(I), the Attorney 
                General may accept and adjudicate an application for 
                CNMI Resident status under this paragraph by an alien 
                who is in removal proceedings before the Attorney 
                General if the alien--
                          ``(i) makes an initial application to the 
                      Attorney General within such 180-day period; or
                          ``(ii) applied to the Secretary of Homeland 
                      Security during such 180-period and before being 
                      placed in removal proceedings, and the Secretary 
                      denied the application.
                    ``(D) Judicial review.--Notwithstanding any other 
                law, no court shall have jurisdiction to review any 
                decision of the Secretary of Homeland Security or the 
                Attorney General on an application under this paragraph 
                or any other action or determination of the Secretary of 
                Homeland Security or the Attorney General to implement, 
                administer, or enforce this paragraph.
                    ``(E) Procedure.--The requirements of chapter 5 of 
                title 5, United States Code (commonly referred to as the 
                Administrative Procedure Act), or any other law relating 
                to rulemaking, information collection or publication in 
                the Federal Register shall not apply to any action to 
                implement, administer or enforce this paragraph.''.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined

[[Page 133 STAT. 980]]

by reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that such 
statement has been submitted prior to the vote on passage.

    Approved June 25, 2019.

LEGISLATIVE HISTORY--H.R. 559:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 165 (2019):
            June 3, considered and passed House.
            June 20, considered and passed Senate.

                                  <all>