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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 747 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                 S. 747

    To amend the Immigration and Nationality Act to provide for the 
   adjustment of status of essential workers, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2021

Mr. Padilla (for himself and Ms. Warren) 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 provide for the 
   adjustment of status of essential workers, 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 ``Citizenship for Essential Workers 
Act''.

SEC. 2. ADJUSTMENT OF STATUS OF ESSENTIAL WORKERS.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after 
section 245A, the following:

``SEC. 245B. ADJUSTMENT OF STATUS FOR ESSENTIAL WORKERS.

    ``(a) Adjustment of Status for Essential Workers.--Notwithstanding 
any other provision of law, the Secretary of Homeland Security 
(referred to in this section as the `Secretary') or the Attorney 
General shall adjust to the status of an alien lawfully admitted for 
permanent residence--
            ``(1) an alien who--
                    ``(A) satisfies the eligibility requirements set 
                forth in subsection (b); and
                    ``(B) submits an application and satisfies the 
                criminal and national security background checks and 
                payment of applicable fees pursuant to the procedures 
                set forth in subsection (d); and
            ``(2) the parents, spouse, sons, and daughters of such 
        alien.
    ``(b) Eligibility.--An alien applying for status under subsection 
(a) shall satisfy the following requirements:
            ``(1) Aliens working in certain sectors, industries, and 
        occupations.--Except as provided in paragraph (2), the alien 
        shall have, at any point during the period described in 
        subsection (i), earned income for work in any of the following 
        private, public, or nonprofit sectors, industries, or 
        occupations:
                    ``(A) Health care.
                    ``(B) Emergency response.
                    ``(C) Sanitation.
                    ``(D) Restaurant ownership, food preparation, 
                vending, catering, food packaging, food services, or 
                delivery.
                    ``(E) Hotel or retail.
                    ``(F) Fish, poultry, and meat processing work.
                    ``(G) Agricultural work, including labor that is 
                seasonal in nature.
                    ``(H) Commercial or residential landscaping.
                    ``(I) Commercial or residential construction or 
                renovation.
                    ``(J) Housing, residential, and commercial 
                construction related activities or public works 
                construction.
                    ``(K) Domestic work in private households, 
                including child care, home care, or house cleaning.
                    ``(L) Natural disaster recovery, disaster 
                reconstruction, and related construction.
                    ``(M) Home and community-based work, including--
                            ``(i) home health care;
                            ``(ii) residential care;
                            ``(iii) assistance with activities of daily 
                        living;
                            ``(iv) any service provided by direct care 
                        workers (as defined in section 799B of the 
                        Public Health Service Act (42 U.S.C. 295p)), 
                        personal care aides, job coaches, or supported 
                        employment providers; and
                            ``(v) any other provision of care to 
                        individuals in their homes by direct service 
                        providers, personal care attendants, and home 
                        health aides.
                    ``(N) Family care, including child care services, 
                in-home child care services such as nanny services, and 
                care services provided by family members to other 
                family members.
                    ``(O) Manufacturing.
                    ``(P) Warehousing.
                    ``(Q) Transportation or logistics.
                    ``(R) Janitorial.
                    ``(S) Laundromat and dry-cleaning operators.
                    ``(T) Any other work in `essential critical 
                infrastructure labor or services', as described in the 
                memorandum of the Department of Homeland Security 
                entitled `Advisory Memorandum on Identification of 
                Essential Critical Infrastructure Workers During COVID-
                19 Response' issued on March 28, 2020 (as revised), on 
                any date during the period described in subsection (i).
                    ``(U) Any other work that a State or local 
                government considers to be essential during the 
                emergency referred to in subsection (i).
            ``(2) Certain other eligible aliens.--An alien not 
        described in paragraph (1)--
                    ``(A) shall--
                            ``(i)(I) have earned income in any sector, 
                        industry, or occupation described in that 
                        paragraph on any date during the period 
                        described in subsection (i) but was unable to 
                        continue that work through no fault of the 
                        alien, including because the working conditions 
                        posed a high degree of risk to the alien's 
                        health and safety; and
                            ``(II) have been seeking to resume work in 
                        any such sector, industry, or occupation;
                    ``(B) is the surviving parent, spouse, son, or 
                daughter of an alien who--
                            ``(i) performed any service or labor for 
                        remuneration in any sector, industry, or 
                        occupation described in that paragraph on any 
                        date during the period described in subsection 
                        (i); and
                            ``(ii) died due to COVID-19; or
                    ``(C) is the parent, spouse, son, or daughter of a 
                member of the Armed Forces, including the National 
                Guard.
            ``(3) Physical presence.--
                    ``(A) Date of submittal of application.--The alien 
                shall be physically present in the United States on the 
                date on which the application is submitted.
                    ``(B) Continuous physical presence.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the alien shall have been 
                        continuously physically present in the United 
                        States beginning on January 1, 2021, and ending 
                        on the date on which the application is 
                        approved.
                            ``(ii) Exceptions.--
                                    ``(I) Authorized absence.--An alien 
                                who departed temporarily from the 
                                United States shall not be considered 
                                to have failed to maintain continuous 
                                physical presence in the United States 
                                during any period of travel that was 
                                authorized by the Secretary.
                                    ``(II) Brief, casual, and innocent 
                                absences.--
                                            ``(aa) In general.--An 
                                        alien who departed temporarily 
                                        from the United States shall 
                                        not be considered to have 
                                        failed to maintain continuous 
                                        physical presence in the United 
                                        States if the alien's absences 
                                        from the United States are 
                                        brief, casual, and innocent, 
                                        whether or not such absences 
                                        were authorized by the 
                                        Secretary.
                                            ``(bb) Absences more than 
                                        180 days.--For purposes of this 
                                        clause, an absence of more than 
                                        180 days, in the aggregate, 
                                        during a calendar year shall 
                                        not be considered brief, unless 
                                        the Secretary finds that the 
                                        length of the absence was due 
                                        to circumstances beyond the 
                                        alien's control, including the 
                                        serious illness of the alien, 
                                        death or serious illness of a 
                                        spouse, parent, grandparent, 
                                        grandchild, sibling, son, or 
                                        daughter of the alien, or due 
                                        to international travel 
                                        restrictions.
                            ``(iii) Effect of notice to appear.--
                        Issuance of a notice to appear under section 
                        239(a) shall not be considered to interrupt the 
                        continuity of an alien's continuous physical 
                        presence in the United States.
    ``(c) Grounds for Ineligibility.--
            ``(1) Certain grounds of inadmissibility.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                alien shall be ineligible for status under this section 
                if the alien--
                            ``(i) is inadmissible under paragraph (2), 
                        (3), (6)(E), (8), (10)(C), or (10)(E) of 
                        section 212(a);
                            ``(ii) has been convicted of a felony 
                        offense (excluding any offense under State law 
                        for which an essential element in the alien's 
                        immigration status); or
                            ``(iii) has been convicted of 3 or more 
                        misdemeanor offenses (excluding simple 
                        possession of cannabis or cannabis-related 
                        paraphernalia, any offense involving cannabis 
                        or cannabis-related paraphernalia that is no 
                        longer prosecutable in the State in which the 
                        conviction was entered, any offense under State 
                        law for which an essential element is the 
                        alien's immigration status, any offense 
                        involving civil disobedience without violence, 
                        and any minor traffic offense) not occurring on 
                        the same date, and not arising out of the same 
                        act, omission, or scheme of misconduct.
                    ``(B) Waivers.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A), the Secretary may, for 
                        humanitarian purposes, family unity, or if 
                        otherwise in the public interest--
                                    ``(I) waive inadmissibility under--
                                            ``(aa) subparagraphs (A), 
                                        (C), and (D) of section 
                                        212(a)(2); and
                                            ``(bb) paragraphs (6)(E), 
                                        (8), (10)(C), and (10)(E) of 
                                        such section;
                                    ``(II) waive ineligibility under 
                                subparagraph (A)(ii) (excluding 
                                offenses described in section 
                                101(a)(43)(A)) or inadmissibility under 
                                subparagraph (B) of section 212(a)(2) 
                                if the alien has not been convicted of 
                                any offense during the 10-year period 
                                preceding the date on which the alien 
                                applies for status under this section; 
                                and
                                    ``(III) for purposes of 
                                subparagraph (A)(iii), waive 
                                consideration of--
                                            ``(aa) 1 misdemeanor 
                                        offense if, during the 5-year 
                                        period preceding the date on 
                                        which the alien applies for 
                                        status under this section the 
                                        alien has not been convicted of 
                                        any offense; or
                                            ``(bb) 2 misdemeanor 
                                        offenses if, during the 10-year 
                                        period preceding such date, the 
                                        alien has not been convicted of 
                                        any offense.
                            ``(ii) Considerations.--In making a 
                        determination under subparagraph (B), the 
                        Secretary of Homeland Security or the Attorney 
                        General shall consider all mitigating and 
                        aggravating factors, including--
                                    ``(I) the severity of the 
                                underlying circumstances, conduct, or 
                                violation;
                                    ``(II) the duration of the alien's 
                                residence in the United States;
                                    ``(III) evidence of rehabilitation, 
                                if applicable; and
                                    ``(IV) the extent to which the 
                                alien's removal, or the denial of the 
                                alien's application, would adversely 
                                affect the alien or the alien's United 
                                States citizen or lawful permanent 
                                resident family members.
            ``(2) Aliens in certain immigration statuses.--An alien 
        shall be ineligible for adjustment of status under this section 
        if, on January 1, 2021, the alien was any of the following:
                    ``(A) An alien lawfully admitted for permanent 
                residence.
                    ``(B) An alien admitted as a refugee under section 
                207 or granted asylum under section 208.
                    ``(C) An alien who, according to the records of the 
                Secretary or the Secretary of State, was in a period of 
                authorized stay in a nonimmigrant status described in 
                section 101(a)(15), other than--
                            ``(i) the spouse, son, or daughter of an 
                        alien who is eligible for status under this 
                        section;
                            ``(ii) an alien who is considered to be in 
                        a nonimmigrant status solely by reason of 
                        section 702 of the Consolidated Natural 
                        Resources Act of 2008 (Public Law 110-229; 122 
                        Stat. 854) or section 244(f)(4) of this Act;
                            ``(iii) a nonimmigrant described in section 
                        101(a)(15)(H)(ii); and
                            ``(iv) a nonimmigrant who is described in 
                        subsection (b).
                    ``(D) An alien paroled into the Commonwealth of the 
                Northern Mariana Islands or Guam who did not reside in 
                the Commonwealth or Guam on November 28, 2009.
            ``(3) Certain aliens outside the united states and unlawful 
        reentrants.--An alien shall be ineligible for adjustment of 
        status under this section if the alien--
                    ``(A) departed the United States while subject to 
                an order of exclusion, deportation, removal, or 
                voluntary departure; and
                    ``(B)(i) was outside the United States on January 
                1, 2021; or
                    ``(ii) reentered the United States unlawfully after 
                January 1, 2021.
    ``(d) Application.--
            ``(1) Fee.--
                    ``(A) In general.--The Secretary shall, subject to 
                an exemption under subparagraph (B), require an alien 
                applying for adjustment of status under this section to 
                pay a reasonable fee commensurate with the cost of 
                processing the application.
                    ``(B) Exemptions.--An applicant may, in the 
                discretion of the Secretary, be exempted from paying an 
                application fee required under this paragraph if the 
                applicant--
                            ``(i) received total income, during the 1-
                        year period immediately preceding the date on 
                        which the applicant files an application under 
                        this section, that is less than 250 percent of 
                        the Federal poverty line;
                            ``(ii) is younger than 21 years of age;
                            ``(iii) is in foster care or is a juvenile 
                        who lacks any parental or other familial 
                        support; or
                            ``(iv) cannot care for himself or herself 
                        because of a serious disability.
                    ``(C) Installments.--The Secretary may allow 
                applicants to pay the fee under this paragraph in 
                installments.
            ``(2) Background checks.--The Secretary may not grant an 
        alien permanent resident status under this section until a 
        background check has been completed.
            ``(3) Withdrawal of application.--
                    ``(A) In general.--On receipt of a request to 
                withdraw an application under this section, the 
                Secretary shall cease processing of the application and 
                close the case.
                    ``(B) Effect of withdrawal.--Withdrawal of such an 
                application shall not prejudice any future application 
                filed by the applicant for any immigration benefit 
                under this Act.
    ``(e) Employer Requirements.--
            ``(1) In general.--On request, an employer, the agent of an 
        employer, or any person who provides compensation directly or 
        indirectly to a worker for labor or service, shall provide a 
        worker with documents that will assist the worker's filing of 
        an application under subsection (d).
            ``(2) Effect of delay or noncompliance.--With respect to a 
        request described in paragraph (1), delay or noncompliance on 
        the part of an employer, the agent of an employer, or the 
        person who provides compensation directly or indirectly shall 
        result in an escalating fine that accrues for the duration of 
        the delay or noncompliance.
    ``(f) Employer Protections.--No part of an alien's application or 
request for documents under subsection (e) shall be used as evidence 
regarding an employer's or any other person's hiring, employment, or 
continued employment of an alien described in subsection (b) for 
purposes of demonstrating a violation of section 274A(a) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(a)) so long as the 
employer or other person has complied with such subsection (e).
    ``(g) Worker Protections.--
            ``(1) In general.--An employer, the agent of an employer, 
        or any person who provides compensation directly or indirectly 
        to a worker for labor or service shall not take an adverse 
        action against a worker based on a request made by the worker 
        in good faith for documents or information to support an 
        application for adjustment of status under this section.
            ``(2) Presumption.--
                    ``(A) In general.--If any person or entity 
                described in paragraph (1) takes an adverse action 
                against such a worker within 90 days of the worker's 
                request for such documentation or information, such 
                conduct shall raise a presumption that the adverse 
                action was carried out in--
                            ``(i) response to such request; and
                            ``(ii) in violation of this subsection.
                    ``(B) Rebuttal.--The presumption under subparagraph 
                (A) may be rebutted by clear and convincing evidence 
                that the adverse action was taken for other permissible 
                reasons.
            ``(3) Civil action.--A worker may bring a civil action in a 
        Federal or State court of competent jurisdiction against any 
        person or entity described in paragraph (1) that violates this 
        subsection to seek such legal or equitable relief as may be 
        appropriate, including reinstatement, promotion, the payment of 
        wages lost, an additional equal amount as liquidated damages, 
        and punitive damages. An action commenced under this paragraph 
        may be commenced within 2 years after the cause of action 
        accrued. In any judgment in favor of a worker, and in any 
        proceeding to enforce such a judgment, the court shall award 
        reasonable attorney's fees and costs to the prevailing 
        plaintiff.
    ``(h) Clarification.--Nothing in this section shall be construed to 
require an alien described in subsection (b) to appear before an agent 
of the Department of Homeland Security or any other Federal agency for 
an interview.
    ``(i) Period Described.--The period described in this subsection--
            ``(1) begins on the first day of the public health 
        emergency declared by the Secretary of Health and Human 
        Services under section 319 of the Public Health Service Act (42 
        U.S.C. 247d) with respect to COVID-19; and
            ``(2) ends on the date that is 90 days after the date on 
        which such public health emergency terminates.
    ``(j) Submission of Biometric and Biographic Data.--
            ``(1) In general.--
                    ``(A) In general.--The Secretary may not grant an 
                alien adjustment of status under this section unless 
                the alien submits biometric and biographic data, in 
                accordance with procedures established by the 
                Secretary.
                    ``(B) Alternative procedure.--The Secretary shall 
                provide an alternative procedure for aliens who are 
                unable to provide such biometric or biographic data due 
                to a physical or mental impairment or bona fide 
                religious objection.
            ``(2) Background checks.--
                    ``(A) In general.--The Secretary shall use 
                biometric and biographic data--
                            ``(i) to conduct security and law 
                        enforcement background checks; and
                            ``(ii) to determine whether there is any 
                        criminal, national security, or other factor 
                        that would render the alien ineligible for 
                        adjustment of status under this section.
                    ``(B) Completion required.--
                            ``(i) In general.--The status of an alien 
                        may not be adjusted under this section unless 
                        security and law enforcement background checks 
                        are completed to the satisfaction of the 
                        Secretary.
                            ``(ii) Timeline.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the 
                                security and law enforcement background 
                                checks required by this paragraph shall 
                                be completed within 60 days.
                                    ``(II) Extension for good cause.--
                                The Secretary may extend the timeline 
                                under subclause (I) for good cause and, 
                                in the case of such an extension, shall 
                                communicate the delay to the applicant.
    ``(k) Adjudication.--
            ``(1) In general.--The Secretary shall evaluate each 
        application filed pursuant to this section to determine whether 
        the alien meets all applicable requirements.
            ``(2) Adjustment of status if favorable determination.--If 
        the Secretary determines that the alien meets the requirements 
        under this section, the Secretary shall--
                    ``(A) notify the alien of such determination; and
                    ``(B) adjust the status of the alien to that of an 
                alien lawfully admitted for permanent residence, 
                effective as of the date of such determination.
            ``(3) Adverse determination.--If the Secretary determines 
        that the alien does not meet the requirements for status under 
        this section, the Secretary shall notify the alien of such 
        determination.
    ``(l) Aliens Ordered Removed.--
            ``(1) In general.--An alien present in the United States 
        who has been ordered removed or has been permitted to depart 
        voluntarily from the United States, notwithstanding such order 
        or permission to depart, may apply for adjustment of status 
        under this section.
            ``(2) Opportunity to apply.--
                    ``(A) In general.--An alien who appears to be prima 
                facie eligible for relief under this section shall be 
                given a reasonable opportunity to apply for such relief 
                and shall not be removed until a final decision 
                establishing ineligibility for relief is rendered.
                    ``(B) Motion not required.--Such alien shall not be 
                required to file a separate motion to reopen, 
                reconsider, or vacate the order of removal.
                    ``(C) Effect of approval.--If the Secretary 
                approves the application, the Secretary or the Attorney 
                General shall vacate the order of removal and terminate 
                any removal proceedings.
                    ``(D) Effect of denial.--If the Secretary renders a 
                final administrative decision to deny the application, 
                the order of removal or permission to depart shall be 
                effective and enforceable to the same extent as if the 
                application had not been made, but only after all 
                available administrative and judicial remedies have 
                been exhausted.
    ``(m) Advance Parole.--
            ``(1) In general.--During the period beginning on the date 
        on which an alien applies for adjustment of status under this 
        section and ending on the date on which the Secretary makes a 
        final decision regarding such application, the alien shall be 
        eligible to apply for advance parole based on any reasonable 
        need to travel.
            ``(2) Applicability.--Section 101(g) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien 
        granted advance parole under this subsection.
    ``(n) Employment Authorization.--
            ``(1) In general.--
                    ``(A) In general.--An alien whose removal is stayed 
                pursuant to this section or who has a pending 
                application under this section shall, on application to 
                the Secretary, be granted an employment authorization 
                document.
                    ``(B) Timeline for issuance.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), an employment authorization 
                        document shall be issued within 30 days.
                            ``(ii) Extension for good cause.--The 
                        Secretary may extend the timeline under clause 
                        (ii) for good cause and, in the case of such an 
                        extension, shall communicate the delay to the 
                        applicant.
            ``(2) Receipt of application.--
                    ``(A) In general.--As soon as practicable after 
                receiving an application for status under this section, 
                the Secretary shall provide the applicant with a 
                document acknowledging receipt of such application.
                    ``(B) Evidence of employment authorization.--A 
                document issued under subparagraph (A) shall--
                            ``(i) serve as interim evidence of the 
                        alien's authorization to accept employment in 
                        the United States; and
                            ``(ii) be accepted by an employer as 
                        evidence of employment authorization under 
                        section 274A(b)(1)(C) pending a final decision 
                        on the application.
    ``(o) Exemption From Numerical Limitation.--Nothing in this section 
or in any other law may be construed--
            ``(1) to limit the number of aliens who may be granted 
        permanent resident status under this section; or
            ``(2) to count against any other numerical limitation under 
        this Act.
    ``(p) Administrative Review.--
            ``(1) Exclusive administrative review.--Administrative 
        review of a determination with respect to an application for 
        status under this section shall be conducted solely in 
        accordance with this subsection.
            ``(2) Administrative appellate review.--
                    ``(A) Establishment of administrative appellate 
                authority.--The Secretary shall establish or designate 
                an appellate authority to provide for a single level of 
                administrative appellate review of determinations with 
                respect to applications for, and revocations of, status 
                under this section.
                    ``(B) Single appeal for each administrative 
                decision.--
                            ``(i) In general.--An alien in the United 
                        States whose application for status under this 
                        section has been denied or whose status under 
                        this section has been revoked may file with the 
                        Secretary not more than 1 appeal of each such 
                        decision.
                            ``(ii) Changed circumstance.--On a showing 
                        of changed circumstances, the Secretary may 
                        waive the numerical limitation under clause 
                        (i).
                            ``(iii) Notice of appeal.--
                                    ``(I) In general.--A notice of 
                                appeal filed under this paragraph shall 
                                be filed not later than 90 days after 
                                the date of service of the denial or 
                                revocation, unless the delay beyond the 
                                90-day period is reasonably 
                                justifiable.
                                    ``(II) Waiver.--On showing that the 
                                delay was reasonably justifiable, the 
                                Secretary may waive the time limitation 
                                described in subclause (I).
                                    ``(III) Service.--Service of a 
                                notice of appeal under this clause 
                                shall be provided in English, Spanish, 
                                and any other language that the alien 
                                concerned is known to understand, and 
                                shall be made upon counsel of record.
                    ``(C) Review by secretary.--Nothing in this 
                paragraph may be construed to limit the authority of 
                the Secretary to certify appeals for review and final 
                administrative decision.
                    ``(D) Denial of petitions for dependents.--A 
                decision to deny, or revoke the approval of, a petition 
                filed by an alien to classify a spouse, son, daughter, 
                or child of the alien as the spouse, son, daughter, or 
                child for purposes of status under this section may be 
                appealed under this paragraph.
                    ``(E) Record for review.--Administrative appellate 
                review under this paragraph shall be de novo and based 
                solely upon--
                            ``(i) the administrative record established 
                        at the time of the determination on the 
                        application; and
                            ``(ii) any additional newly discovered or 
                        previously unavailable evidence.
            ``(3) Stay of removal.--An alien seeking administrative 
        review of a denial, or revocation of approval, of an 
        application under this section shall not be removed from the 
        United States before a final decision is rendered establishing 
        ineligibility for lawful permanent residence.
    ``(q) Information Privacy.--
            ``(1) In general.--Except as provided in paragraph (3), no 
        officer or employee of the United States may--
                    ``(A) disclose (directly or indirectly, including 
                through inclusion in a database), access, or use the 
                information provided by an alien pursuant to an 
                application filed under this section (including 
                information provided during administrative or judicial 
                review) for the purpose of immigration enforcement, 
                including the initiation of removal proceedings; or
                    ``(B) publish any information provided pursuant to 
                an application under this section.
            ``(2) Referrals prohibited.--The Secretary, based solely on 
        information provided in an application for adjustment of status 
        under this section (including information provided during 
        administrative or judicial review) or an application for 
        deferred action pursuant to the memorandum of the Department of 
        Homeland Security entitled `Exercising Prosecutorial Discretion 
        with Respect to Individuals Who Came to the United States as 
        Children' issued on June 15, 2020, may not refer an applicant 
        to U.S. Immigration and Customs Enforcement, U.S. Customs and 
        Border Protection, or any designee of either such entity.
            ``(3) Required disclosure.--Notwithstanding paragraph (1), 
        the Attorney General or the Secretary shall provide the 
        information provided in an application under this section, and 
        any other information derived from such information, to an 
        official coroner for purposes of affirmatively identifying a 
        deceased individual (whether or not such individual is deceased 
        as a result of a crime).
            ``(4) Penalty.--Whoever knowingly uses, publishes, or 
        permits information to be examined in violation of this 
        subsection shall be fined not more than $50,000.
            ``(5) Safeguards.--The Secretary shall require appropriate 
        administrative and physical safeguards to protect against 
        direct and indirect disclosure, access, and uses of information 
        that violate this subsection.
            ``(6) Assessments.--Not less frequently than annually, the 
        Secretary shall conduct an assessment that, for the preceding 
        calendar year--
                    ``(A) analyzes the effectiveness of the safeguards 
                described in paragraph (5);
                    ``(B) determines the number of authorized 
                disclosures under paragraph (3) made; and
                    ``(C) determines the number of disclosures 
                prohibited under paragraphs (1) and (2) made.
    ``(r) Eligibility for Other Statuses.--An alien's eligibility to be 
lawfully admitted for permanent residence under this section shall not 
preclude the alien from seeking any status under any other provision of 
law for which the alien may otherwise be eligible.
    ``(s) Effect of Failure To Comply With Removal Order.--Failure to 
comply with 1 or more removal orders or voluntary departure agreements 
for acts committed before the date of the enactment of this section 
shall not affect the eligibility of an alien to apply for a benefit 
under this section.''.
    (b) Judicial Review.--Section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (B), by inserting ``the 
                exercise of discretion specified under this title 
                arising under'' after ``no court shall have 
                jurisdiction to review'';
                    (B) in subparagraph (C), by inserting ``or 
                subsection (h)'' after ``subparagraph (D)''; and
                    (C) in subparagraph (D)--
                            (i) by striking ``(other than in this 
                        section)''; and
                            (ii) by striking ``raised upon a petition 
                        for review filed with an appropriate court of 
                        appeals in accordance with this section'';
            (2) in subsection (b)--
                    (A) in paragraph (2), in the first sentence, by 
                inserting ``or, in the case of a decision rendered 
                under subsection (c), in the judicial circuit in which 
                the petitioner resides'' after ``proceedings''; and
                    (B) in paragraph (9), by striking the first 
                sentence and inserting the following: ``Except as 
                otherwise provided in this section, judicial review of 
                a determination respecting a removal order shall be 
                available only in judicial review of a final order 
                under this section.'';
            (3) in subsection (f)--
                    (A) in paragraph (1), by striking ``or restrain the 
                operation of''; and
                    (B) in paragraph (2), by inserting ``after all 
                administrative and judicial review available to the 
                alien is complete'' before ``unless''; and
            (4) by adding at the end the following:
    ``(h) Judicial Review of Eligibility Determinations Relating to 
Status Under Title 5.--
            ``(1) Direct review.--If an alien's application under 
        section 245B is denied, or the approval of such application is 
        revoked, after the exhaustion of administrative appellate 
        review under subsection (p) of that section, the alien may seek 
        review of such decision, in accordance with chapter 7 of title 
        5, United States Code, in the district court of the United 
        States for the district in which the alien resides.
            ``(2) Status during review.--During the period in which a 
        review described in paragraph (1) is pending--
                    ``(A) any unexpired grant of voluntary departure 
                under section 240B shall be tolled; and
                    ``(B) any order of exclusion, deportation, or 
                removal shall automatically be stayed unless the court, 
                in its discretion, orders otherwise.
            ``(3) Review after removal proceedings.--An alien may seek 
        judicial review of a denial or revocation of approval of the 
        alien's application under section 245B in the appropriate court 
        of appeals of the United States in conjunction with the 
        judicial review of an order of removal, deportation, or 
        exclusion if the validity of the denial or revocation has not 
        been upheld in a prior judicial proceeding under paragraph (1).
            ``(4) Standard for judicial review.--
                    ``(A) Basis.--Judicial review of a denial or 
                revocation of an approval of an application under 
                section 245B shall be based upon the administrative 
                record established at the time of the review.
                    ``(B) Authority to remand.--The reviewing court may 
                remand a case under this subsection to the Secretary of 
                Homeland Security (referred to in this subsection as 
                the `Secretary') for consideration of additional 
                evidence if the court finds that--
                            ``(i) the additional evidence is material; 
                        and
                            ``(ii) there were reasonable grounds for 
                        failure to adduce the additional evidence 
                        before the Secretary.
                    ``(C) Scope of review.--Notwithstanding any other 
                provision of law, judicial review of all questions 
                arising from a denial or revocation of approval of an 
                application under section 245B shall be governed by the 
                standard of review set forth in section 706 of title 5, 
                United States Code.
            ``(5) Remedial powers.--
                    ``(A) Jurisdiction.--Notwithstanding any other 
                provision of law, the district courts of the United 
                States shall have jurisdiction over any cause or claim 
                arising from a pattern or practice of the Secretary in 
                the operation or implementation of the Citizenship for 
                Essential Workers Act, or the amendments made by that 
                Act, that is arbitrary, capricious, or otherwise 
                contrary to law.
                    ``(B) Scope of relief.--The district courts of the 
                United States may order any appropriate relief in a 
                clause or claim described in subparagraph (A) without 
                regard to exhaustion, ripeness, or other standing 
                requirements (other than constitutionally mandated 
                requirements), if the court determines that--
                            ``(i) the resolution of such cause or claim 
                        will serve judicial and administrative 
                        efficiency; or
                            ``(ii) a remedy would otherwise not be 
                        reasonably available or practicable.
            ``(6) Challenges to the validity of the system.--
                    ``(A) In general.--Except as provided in paragraph 
                (5), any claim that section 245B or any regulation, 
                written policy, written directive, or issued or 
                unwritten policy or practice initiated by or under the 
                authority of the Secretary to implement such section, 
                violates the Constitution of the United States or is 
                otherwise in violation of law is available in an action 
                instituted in a district court of the United States in 
                accordance with the procedures prescribed in this 
                paragraph.
                    ``(B) Savings provision.--Except as provided in 
                subparagraph (C), nothing in subparagraph (A) may be 
                construed to preclude an applicant under 245B from 
                asserting that an action taken or a decision made by 
                the Secretary with respect to the applicant's status 
                was contrary to law.
                    ``(C) Class actions.--Any claim described in 
                subparagraph (A) that is brought as a class action 
                shall be brought in conformity with--
                            ``(i) the Class Action Fairness Act of 2005 
                        (Public Law 109-2; 119 Stat. 4); and
                            ``(ii) the Federal Rules of Civil 
                        Procedure.
                    ``(D) Preclusive effect.--The final disposition of 
                any claim brought under subparagraph (A) shall be 
                preclusive of any such claim asserted by the same 
                individual in a subsequent proceeding under this 
                subsection.
                    ``(E) Exhaustion and stay of proceedings.--
                            ``(i) In general.--No claim brought under 
                        this paragraph shall require the plaintiff to 
                        exhaust administrative remedies under section 
                        245B(p).
                            ``(ii) Stay authorized.--Nothing in this 
                        paragraph may be construed to prevent the court 
                        from staying proceedings under this paragraph 
                        to permit the Secretary to evaluate an 
                        allegation of an unwritten policy or practice 
                        or to take corrective action. In determining 
                        whether to issue such a stay, the court shall 
                        take into account any harm the stay may cause 
                        to the claimant.''.
    (c) Rulemaking.--
            (1) Implementation.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary shall issue interim 
        final rules, published in the Federal Register, implementing 
        section 245B of the Immigration and Nationality Act, as added 
        by this Act.
            (2) Effective date.--Notwithstanding section 553 of title 
        5, United States Code, the rules issued under this subsection 
        shall be effective, on an interim basis, immediately upon 
        publication, but may be subject to change and revision after 
        public notice and opportunity for a period of public comment.
            (3) Final rules.--Not later than 180 days after the date of 
        publication under paragraph (2), the Secretary shall finalize 
        the interim rules.
    (d) Rule of Construction.--Section 244(h) of the Immigration and 
Nationality Act (8 U.S.C. 1254a(h)) may not be construed to limit the 
authority of the Secretary to adjust the status of an alien under 
section 245B of the Immigration and Nationality Act, as added by this 
Act.
    (e) Eligibility for Services.--Section 504(a)(11) of the Omnibus 
Consolidated Rescissions and Appropriations Act of 1996 (Public Law 
104-134; 110 Stat. 1321-54) shall not be construed to prevent a 
recipient of funds under title X of the Economic Opportunity Act of 
1964 (42 U.S.C. 2996 et seq.) from providing legal assistance directly 
related to an application for status under section 245B of the 
Immigration and Nationality Act, as added by this Act, or to an alien 
granted such status.
    (f) Technical and Conforming Amendment.--The table of contents for 
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended 
by inserting after the item relating to section 245A the following:

``Sec. 245B. Adjustment of status for essential workers.''.

SEC. 3. RESTORING FAIRNESS TO ADJUDICATIONS.

    (a) Waiver of Grounds of Inadmissibility.--Section 212 of the 
Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting 
after subsection (b) the following:
    ``(c) Humanitarian, Family Unity, and Public Interest Waiver.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, except section 245B(c)(1)(B), the Secretary of Homeland 
        Security or the Attorney General may waive the operation of any 
        1 or more grounds of inadmissibility under this section 
        (excluding inadmissibility under subsection (a)(3)) for any 
        purpose, including eligibility for relief from removal--
                    ``(A) for humanitarian purposes;
                    ``(B) to ensure family unity; or
                    ``(C) if a waiver is otherwise in the public 
                interest.
            ``(2) Considerations.--In making a determination under 
        paragraph (1), the Secretary of Homeland Security or the 
        Attorney General shall consider all mitigating and aggravating 
        factors, including--
                    ``(A) the severity of the underlying circumstances, 
                conduct, or violation;
                    ``(B) the duration of the alien's residence in the 
                United States;
                    ``(C) evidence of rehabilitation, if applicable; 
                and
                    ``(D) the extent to which the alien's removal, or 
                the denial of the alien's application, would adversely 
                affect the alien or the alien's United States citizen 
                or lawful permanent resident family members.''.
    (b) Waiver of Grounds of Deportability.--Section 237(a) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by adding 
at the end the following:
            ``(8) Humanitarian, family unity, and public interest 
        waiver.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, except section 245B(c)(1)(B), the 
                Secretary of Homeland Security or the Attorney General 
                may waive the operation of any 1 or more grounds of 
                deportability under this subsection (excluding 
                deportability under paragraph (2)(A)(iii) based on a 
                conviction described in section 101(a)(43)(A) and 
                deportability under paragraph (4)) for any purpose, 
                including eligibility for relief from removal--
                            ``(i) for humanitarian purposes;
                            ``(ii) to ensure family unity; or
                            ``(iii) if a waiver is otherwise in the 
                        public interest.
                    ``(B) Considerations.--In making a determination 
                under subparagraph (A), the Secretary of Homeland 
                Security or the Attorney General shall consider all 
                mitigating and aggravating factors, including--
                            ``(i) the severity of the underlying 
                        circumstances, conduct, or violation;
                            ``(ii) the duration of the alien's 
                        residence in the United States;
                            ``(iii) evidence of rehabilitation, if 
                        applicable; and
                            ``(iv) the extent to which the alien's 
                        removal, or the denial of the alien's 
                        application, would adversely affect the alien 
                        or the alien's United States citizen or lawful 
                        permanent resident family members.''.
    (c) Repeal of 3-Year, 10-Year, and Permanent Bars.--Section 
212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) 
is amended to read as follows:
            ``(9) Aliens previously removed.--
                    ``(A) Arriving alien.--Any alien who has been 
                ordered removed under section 235(b)(1) or at the end 
                of proceedings under section 240 initiated upon the 
                alien's arrival in the United States and who again 
                seeks admission within 5 years of the date of such 
                removal (or within 20 years in the case of a second or 
                subsequent removal or at any time in the case of an 
                alien convicted of an aggravated felony) is 
                inadmissible.
                    ``(B) Other aliens.--Any alien not described in 
                subparagraph (A) who seeks admission within 10 years of 
                the date of such alien's departure or removal (or 
                within 20 years of such date in the case of a second or 
                subsequent removal or at any time in the case of an 
                alien convicted of an aggravated felony) is 
                inadmissible if the alien--
                            ``(i) has been ordered removed under 
                        section 240 or any other provision of law; or
                            ``(ii) departed the United States while an 
                        order of removal was outstanding.
                    ``(C) Exception.--Subparagraphs (A) and (B) shall 
                not apply to an alien seeking admission within a period 
                if, prior to the date of the alien's reembarkation at a 
                place outside the United States or attempt to be 
                admitted from foreign contiguous territory, the 
                Secretary of Homeland Security has consented to the 
                alien's reapplying for admission.''.

SEC. 4. EXPUNGEMENT AND SENTENCING.

    (a) Definition of Conviction.--
            (1) In general.--Section 101(a)(48) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(48)) is amended to read as 
        follows:
    ``(48)(A) The term `conviction' means, with respect to an alien, a 
formal judgment of guilt of the alien entered by a court.
    ``(B) The following may not be considered a conviction for purposes 
of this Act:
            ``(i) An adjudication or judgment of guilt that has been 
        dismissed, expunged, deferred, annulled, invalidated, withheld, 
        vacated, or pardoned by the President of the United States or 
        the Governor of any State.
            ``(ii) Any adjudication in which the court has issued--
                    ``(I) a judicial recommendation against removal;
                    ``(II) an order of probation without entry of 
                judgment; or
                    ``(III) any similar disposition.
            ``(iii) A judgment that is on appeal or is within the time 
        to file direct appeal.
    ``(C)(i) Unless otherwise provided, with respect to an offense, any 
reference to a term of imprisonment or a sentence is considered to 
include only the period of incarceration ordered by a court.
    ``(ii) Any such reference shall be considered to exclude any 
portion of a sentence of which the imposition or execution was 
suspended.''.
            (2) Retroactive applicability.--The amendment made by this 
        subsection shall apply with respect to any conviction, 
        adjudication, or judgment entered before, on, or after the date 
        of the enactment of this Act.
    (b) Judicial Recommendation Against Removal.--The grounds of 
inadmissibility and deportability under sections 212(a)(2) and 
237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2) 
and 1227(a)(2)) shall not apply to an alien with a criminal conviction 
if, not later than 180 days after the date on which the alien is 
sentenced, and after having provided notice and an opportunity to 
respond to representatives of the State concerned, the Secretary, and 
prosecuting authorities, the sentencing court issues a recommendation 
to the Secretary that the alien not be removed on the basis of the 
conviction.

SEC. 5. PETTY OFFENSES.

    Section 212(a)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(2)(A)) is amended--
            (1) in clause (i), in the matter preceding subclause (I), 
        by striking ``, or who admits having committed, or who admits 
        committing acts which constitute the essential elements of''; 
        and
            (2) in clause (ii)--
                    (A) in the matter preceding subclause (I), by 
                striking ``to an alien who committed only one crime'';
                    (B) in subclause (I), by inserting ``the alien 
                committed only one crime,'' before ``the crime was 
                committed when''; and
                    (C) by amending subclause (II) to read as follows:
                                    ``(II)(aa) the alien was not 
                                convicted of more than 2 crimes; and
                                    ``(bb) for each such crime--
                                            ``(AA) the maximum penalty 
                                        possible did not exceed 
                                        imprisonment for 1 year; and
                                            ``(BB) the alien was not 
                                        sentenced to a term of 
                                        imprisonment in excess of 180 
                                        days.''.
                                 <all>
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