Section 1 Short title
This Act may be cited as the “End Unaccountable Amnesty Act”.
End Unaccountable Amnesty Act
A BILL
To amend the Immigration and Nationality Act to reform temporary protected status, and for other purposes.
Sec. 2 Temporary Protected Status
Power To designate a foreign state— Section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) is amended—
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.”
in paragraph (5)(A), by striking “of the Attorney General” and inserting “made in any Act”.
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—
in clause (i), by striking “, or” at the end and inserting a semicolon;
in clause (ii), by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(iii) the alien lacks a lawful immigration status.”
Conforming amendments— Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) is amended—
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
in subsection (i)(1)—
in subparagraph (A), by striking the comma at the end and inserting “; and”;
in subparagraph (B), by striking “, and” and inserting a period; and
by striking subparagraph (C).
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—
by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”; and
in subsection (d)(3), by striking “Attorney General's” and inserting “Secretary of Homeland Security's”.
Sec. 3 Unaccompanied alien children
Repatriation of unaccompanied alien children—
In general— Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended—
in subsection (a)—
in paragraph (2)—
by amending the heading to read as follows: “Rules for unaccompanied alien children.—”;
in subparagraph (A)—
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”;
in clause (i), by inserting “and” at the end;
in clause (ii), by striking “; and” and inserting a period; and
by striking clause (iii); and
in subparagraph (B)—
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.)—”;
in clause (i), by inserting “may” before “permit such child to withdraw”; and
in clause (ii), by inserting “shall” before “return such child”; and
in paragraph (5)(D)—
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
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;
in subsection (b)—
in paragraph (2)—
in subparagraph (A), by inserting “believed not to meet the criteria listed in subsection (a)(2)(A)” after “child”; and
in subparagraph (B), by inserting “and does not meet the criteria listed in subsection (a)(2)(A)” after “age”; and
in paragraph (3), by striking “an unaccompanied alien child in custody shall” and all that follows through “child.”, and inserting the following:
“(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.”
in subsection (c)—
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.”
in paragraph (5), in the first sentence—
by inserting “(at no expense to the Government)” after “to the greatest extent practicable”; and
by striking “have counsel to represent them” and inserting “have access to counsel to represent them”.
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.
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—
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
in clause (iii)—
in subclause (I), by striking “and” at the end;
in subclause (II), by inserting “and” after the semicolon; and
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;”
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))):
Screening of such a child for a credible fear of return to his or her country of origin.
Screening of such a child to determine whether he or she was a victim of trafficking.
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
Repeal— Section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b) is repealed.
in section 101(a)—
in paragraph (13)(C)(v), by striking “or 240A(a)”;
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)”;
by striking section 201(b)(1)(D);
in section 240—
in subsection (b)(7), by striking “240A,”;
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)”;
in subsection (e), by striking “and section 240A”;
in section 240B(d)—
in paragraph (1)(B), by striking “240A,”;
in paragraph (2)—
by striking “240A or” ; and
by striking “under section 240A(b)(2), or”;
in section 242(a)(2)(B)(i), by striking “240A,”;
by striking section 244(e);
in section 245(l)(7), by striking “240A(b)(2),” and
by striking section 504(k)(3).
Sec. 5 Prohibited identification documents for air travel
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.
Prohibition on operations for certain air carriers—
In general— Chapter 401 of title 49, United States Code, is amended by adding at the end the following:
“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.”
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:
Definition— In this section, the term prohibited identification document means any of the following:
The CBP One Mobile Application.
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)).
Department of Homeland Security Form I–385 (commonly known as a “Notice to Report”).
Sec. 6 Immigration parole reform
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 Communiqué 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.”
Implementation—
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.
Exceptions— Notwithstanding paragraph (1), each of the following exceptions apply:
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.
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.
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.
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.
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.