I 

109TH CONGRESS 

1ST SESSION H. R. 257 

To amend the Immigration and Nationality Act to reunify families, permit 

earned access to permanent resident status, provide protection against 

unfair immigration-related employment practices, reform the diversity 

visa program, provide adjustment of status for Haitians and Liberian 

nationals, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2005 

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to reunify 

families, permit earned access to permanent resident status, provide protection against unfair immigration-related 

employment practices, reform the diversity visa program, 

provide adjustment of status for Haitians and Liberian 

nationals, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Comprehensive Immi5 gration Fairness Act’’. 
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1 TITLE I—FAMILY REUNIFICA2 TION AND DISCRETIONARY 

3 RELIEF 

4 SEC. 101. PERMANENT APPLICATION OF SECTION 245(i). 

5 Section 245(i) of the Immigration and Nationality 

6 Act (8 U.S.C. 1255(i)) is amended— 

7 (1) by inserting ‘‘and’’ at the end of paragraph 

8 (1)(A); 

9 (2) by amending paragraph (1)(B) to read as 

10 follows: 

11 ‘‘(B) who is the beneficiary (including a 

12 spouse or child of the principal alien) of— 

13 ‘‘(i) a petition for classification under 

14 section 204; or 

15 ‘‘(ii) an application for a labor certifi16 cation under section 212(a)(5)(A);’’; 

17 (3) by striking paragraph (1)(C); and 

18 (4) by striking ‘‘Attorney General’’ each place 

19 such term appears and inserting ‘‘Secretary of 

20 Homeland Security’’. 
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1 SEC. 102. DISCRETIONARY WAIVER OF INADMISSIBILITY 

2 BASED ON UNLAWFUL PRESENCE, FAILURE 

3 TO ATTEND REMOVAL PROCEEDINGS, AND 

4 MISREPRESENTATIONS. 

5 (a) IN GENERAL.—Section 212(i) of the Immigration 

6 and Nationality Act (8 U.S.C. 1182(i)) is amended to read 

7 as follows: 

8 ‘‘(i) The Secretary of Homeland Security may waive 

9 the application of subparagraph (A)(i) or (B), or clause 

10 (i) or (ii) of subparagraph (C), of subsection (a)(6) in the 

11 case of an immigrant who is the parent, spouse, son, or 

12 daughter of a United States citizen or of an alien lawfully 

13 admitted to the United States for permanent residence, 

14 if it is established to the satisfaction of the Secretary that 

15 the refusal of admission to the United States of such im16 migrant would result in hardship to the immigrant or to 

17 such citizen or lawful permanent resident parent, spouse, 

18 son, or daughter.’’. 

19 (b) CONFORMING AMENDMENTS.—Section 212(a)(6) 

20 of such Act (8 U.S.C. 1182(a)(6)) is amended— 

21 (1) in subparagraph (A), by adding at the end 

22 the following: 

23 ‘‘(iii) WAIVER AUTHORIZED.—For a 

24 provision authorizing the waiver of clause 

25 (i), see subsection (i).’’; 

26 (2) in subparagraph (B)— 
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1 (A) by inserting ‘‘(i)’’ after the subpara2 graph heading; and 

3 (B) by adding at the end the following: 

4 ‘‘(ii) WAIVER AUTHORIZED.—For a 

5 provision authorizing the waiver of clause 

6 (i), see subsection (i).’’; and 

7 (3) in subparagraph (C)(iii), by inserting ‘‘or 

8 (ii)’’ after ‘‘(i)’’. 

9 SEC. 103. GENERAL WAIVER FOR ALIENS PREVIOUSLY RE10 MOVED AND FOR THE UNLAWFUL PRESENCE 

11 BARS. 

12 (a) IN GENERAL.—Section 212(d) of the Immigra13 tion and Nationality Act (8 U.S.C. 1182(d)) is amended 

14 by adding at the end the following: 

15 ‘‘(14) The Secretary of Homeland Security may, in 

16 the discretion of the Secretary, for humanitarian purposes, 

17 to assure family unity, or when it is otherwise in the public 

18 interest, waive the application of subparagraph (A) or 

19 (B)(i) of subsection (a)(9).’’. 

20 (b) CONFORMING AMENDMENT.—Section 

21 212(a)(9)(B) of such Act (8 U.S.C. 1182(a)(9)(B)) is 

22 amended by striking clause (v). 
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1 SEC. 104. ADDRESSING THE PROBLEM OF VISA NUMBER 

2 BACKLOGS FOR THE FAMILY MEMBERS OF 

3 CITIZENS AND LAWFUL PERMANENT RESI4 DENTS. 

5 (a) CLASSES OF NONIMMIGRANT ALIENS.—Section 

6 101(a)(15)(K) of the Immigration and Nationality Act (8 

7 U.S.C. 1101(a)(15)(K)) is amended— 

8 (1) by striking ‘‘or’’ at the end of clause (ii); 

9 (2) by adding ‘‘or’’ at the end of clause (iii); 

10 and 

11 (3) by adding at the end the following: 

12 ‘‘(iv)(I) has concluded a valid mar13 riage with an alien lawfully admitted for 

14 permanent residence, is the parent of a cit15 izen of the United States, or is the son or 

16 daughter of an alien lawfully admitted for 

17 permanent residence or a citizen of the 

18 United States; (II) is the beneficiary of a 

19 petition to accord immigrant status on the 

20 basis of such family relationship that was 

21 filed under section 204 by such family 

22 member; (III) has waited more than 6 

23 months for the approval of such petition or 

24 the availability to the alien of an immi25 grant visa; and (IV) seeks to enter the 

26 United States to await the approval of 
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1 such petition and the availability to the 

2 alien of an immigrant visa;’’. 

3 (b) ADMISSION OF NONIMMIGRANTS.—Section 

4 214(d) of such Act (8 U.S.C. 1184(d)) is amended— 

5 (1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 

6 and 

7 (2) by adding at the end the following: 

8 ‘‘(2) A visa shall not be issued under the provisions 

9 of section 101(a)(15)(K)(iv) until the consular officer has 

10 received a petition filed in the United States by the lawful 

11 permanent resident or citizen relative of the applying alien 

12 and approved by the Secretary of Homeland Security. The 

13 petition shall be in such form and contain such informa14 tion as the Secretary shall, by regulation, prescribe.’’. 

15 SEC. 105. WAIVER OF AGGRAVATED FELONY CON16 SEQUENCES. 

17 Section 101 of the Immigration and Nationality Act 

18 (8 U.S.C. 1101) is amended by adding at the end the fol19 lowing: 

20 ‘‘(j) For purposes of this Act, and notwithstanding 

21 subsection (a)(43), the Secretary of Homeland Security 

22 may treat any conviction that did not result in incarcer23 ation for more than 1 year as if such conviction were not 

24 a conviction for an aggravated felony. This discretion may 
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1 be exercised for humanitarian purposes, to assure family 

2 unity, or when it is otherwise in the public interest.’’. 

3 SEC. 106. AGE-OUT PROTECTION FOR CHILDREN. 

4 (a) IN GENERAL.—Chapter 1 of title IV of the Immi5 gration and Nationality Act (8 U.S.C. 1101 note) is 

6 amended by adding at the end the following: 

7 ‘‘AGE-OUT PROTECTION FOR CHILDREN

8 ‘‘SEC. 408. (a) IN GENERAL.—In the case of an ap9 plication initially to grant a benefit under this Act (other 

10 than an application for naturalization) that otherwise 

11 would be granted only after a determination that the bene12 ficiary of the application is a child (such as classification 

13 as an immediate relative under section 201(b)(2)(A)(i)), 

14 if the application is neither approved nor denied (on proce15 dural or substantive grounds) during the 90-day period 

16 beginning on the date of the filing of the application, the 

17 beneficiary shall be considered to be a child for all pur18 poses related to the receipt of the benefit if the beneficiary 

19 was a child on the last day of such 90-day period, and 

20 the beneficiary shall not otherwise be prejudiced with re21 spect to such determination by such delay, and shall be 

22 considered to be a child under this Act for all purposes 

23 related to such application. 

24 ‘‘(b) TERMINATION OF BENEFIT.—Subsection (a) 

25 shall remain in effect until the termination of the 1-year 
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1 period beginning on the date on which the application de2 scribed in such paragraph is approved.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 for the Immigration and Nationality Act is amended by 

5 inserting after the item relating to section 407 the fol6 lowing: 

‘‘408. Age-out protection for children.’’. 

7 SEC. 107. TIMELINESS OF ADOPTION FOR IMMIGRATION 

8 PURPOSES. 

9 (a) IN GENERAL.—Section 101(b)(1)(E)(i) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1101(b)(1)(E)(i)) is amended by striking ‘‘a child adopted 

12 while under the age of sixteen years’’ and inserting ‘‘a 

13 child, under the age of 16 when adoption proceedings were 

14 initiated,’’. 

15 (b) SPECIAL RULE FOR SIBLINGS.—Section 

16 101(b)(1)(E)(ii)(III) of such Act (8 U.S.C. 

17 1101(b)(1)(E)(ii)(III)) is amended by striking ‘‘adopted 

18 while under the age of 18 years’’ and inserting ‘‘under 

19 the age of 18 when adoption proceedings were initiated’’. 

20 SEC. 108. DISCRETIONARY WAIVER TO ADMIT PERSONS IN 

21 UNUSUAL CIRCUMSTANCES. 

22 (a) NEW GENERAL WAIVER.—Section 212(d) of the 

23 Immigration and Nationality Act (8 U.S.C. 1182(d)) is 

24 amended by adding at the end the following: 
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1 ‘‘(13) The Secretary of Homeland Security 

2 may, in the discretion of such Secretary for humani3 tarian purposes, to assure family unity, or when it 

4 is otherwise in the public interest, waive the applica5 tion of subparagraph (B) or (G) of subsection 

6 (a)(6), clause (i) or (ii) of subsection (a)(9)(A), or 

7 subsection (a)(9)(B)(i), in unusual circumstances. 

8 For purposes of the preceding sentence, an instance 

9 of battering or extreme cruelty is deemed to con10 stitute unusual circumstances in the case where it is 

11 inflicted on an alien (or a child of an alien) by the 

12 alien’s United States citizen or lawful permanent 

13 resident spouse, parent, child, son, or daughter.’’. 

14 (b) WAIVER FOR ALIENS PREVIOUSLY REMOVED.— 

15 (1) CERTAIN ALIENS PREVIOUSLY REMOVED.— 

16 Section 212(a)(9)(A) of such Act (8 U.S.C. 

17 1182(a)(9)(A)) is amended by adding at the end the 

18 following: 

19 ‘‘(iv) WAIVER AUTHORIZED.—For 

20 provision authorizing waiver of clause (i) 

21 or (ii), see subsection (d)(13).’’. 

22 (2) ALIENS UNLAWFULLY PRESENT.—Section 

23 212(a)(9)(B)(v) of such Act (8 U.S.C. 

24 1182(A)(9)(B)(v)) is amended to read as follows: 
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1 ‘‘(v) WAIVER AUTHORIZED.—For pro2 vision authorizing waiver of clause (i), see 

3 subsection (d)(13).’’. 

4 TITLE II—EARNED ACCESS TO 

5 LEGALIZATION AND REG6 ISTRY UPDATE 

7 SEC. 201. ADJUSTMENT OF STATUS ON THE BASIS OF 

8 EARNED ACCESS TO LEGALIZATION. 

9 (a) IN GENERAL.—Chapter 5 of title II of the Immi10 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 

11 amended by inserting after section 245A the following: 

12 ‘‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED

13 ACCESS TO LEGALIZATION

14 ‘‘SEC. 245B. (a) IN GENERAL.—The Secretary of 

15 Homeland Security may adjust the status of an alien to 

16 that of an alien lawfully admitted for permanent residence 

17 if the alien— 

18 ‘‘(1) was physically present in the United 

19 States for a continuous period of not less than 5 

20 years immediately preceding the date on which this 

21 provision was enacted and has maintained contin22 uous physical presence since then; 

23 ‘‘(2) has at all times been a person of good 

24 moral character; 

25 ‘‘(3) has never been convicted of a criminal of26 fense in the United States; 
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1 ‘‘(4) in the case of an alien who is 18 years of 

2 age or older, but who is not over the age of 65, has 

3 successfully completed a course on reading, writing, 

4 and speaking words in ordinary usage in the English 

5 language, unless unable to do so on account of phys6 ical or developmental disability or mental impair7 ment; 

8 ‘‘(5) in the case of an alien 18 years of age or 

9 older, has accepted the values and cultural life of the 

10 United States; and 

11 ‘‘(6) in the case of an alien 18 years of age or 

12 older, has performed at least 40 hours of community 

13 service. 

14 ‘‘(b) TREATMENT OF BRIEF, CASUAL, AND INNO15 CENT ABSENCES.—An alien shall not be considered to 

16 have failed to maintain a continuous presence in the 

17 United States for purposes of subsection (a)(1) by virtue 

18 of brief, casual, and innocent absences from the United 

19 States. 

20 ‘‘(c) ADMISSIBLE AS IMMIGRANT.— 

21 ‘‘(1) IN GENERAL.—The alien shall establish 

22 that the alien is admissible to the United States as 

23 immigrant, except as otherwise provided in para24 graph (2). 
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1 ‘‘(2) EXCEPTIONS.—The provisions of para2 graphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), 

3 (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) 

4 shall not apply in the determination of an alien’s ad5 missibility under this section. 

6 ‘‘(d) SECURITY AND LAW ENFORCEMENT CLEAR7 ANCES.—The alien, if over 15 years of age, shall submit 

8 fingerprints in accordance with procedures established by 

9 the Secretary of Homeland Security. Such fingerprints 

10 shall be submitted to relevant Federal agencies to be 

11 checked against existing databases for information relat12 ing to criminal, national security, or other law enforce13 ment actions that would render the alien ineligible for ad14 justment of status under this section. The Secretary of 

15 Homeland Security shall provide a process for challenging 

16 the accuracy of matches that result in a finding of ineligi17 bility for adjustment of status. 

18 ‘‘(e) INAPPLICABILITY OF NUMERICAL LIMITA19 TIONS.—When an alien is granted lawful permanent resi20 dent status under this subsection, the number of immi21 grant visas authorized to be issued under any provision 

22 of this Act shall not be reduced. The numerical limitations 

23 of sections 201 and 202 shall not apply to adjustment of 

24 status under this section. 
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1 ‘‘(f) TERMINATION OF PROCEEDINGS.—The Sec2 retary of Homeland Security may terminate removal pro3 ceedings without prejudice pending the outcome of an 

4 alien’s application for adjustment of status under this sec5 tion on the basis of a prima facie showing of eligibility 

6 for relief under this section.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 for the Immigration and Nationality Act is amended by 

9 inserting after the item relating to section 245A the fol10 lowing: 

‘‘245B. Adjustment of status on the basis of earned access to legalization.’’. 

11 SEC. 202. AUTHORITY TO ADJUST STATUS OF CERTAIN 

12 CHILDREN. 

13 (a) IN GENERAL.—Chapter 5 of title II of the Immi14 gration and Nationality Act (8 U.S.C. 1255 et seq.), as 

15 amended by section 201, is further amended by inserting 

16 after section 245B the following: 

17 ‘‘ADJUSTMENT OF STATUS FOR CERTAIN CHILDREN

18 ‘‘SEC. 245C. (a) IN GENERAL.—The Secretary of 

19 Homeland Security may adjust the status of an alien to 

20 that of an alien lawfully admitted for permanent residence 

21 if the alien is a child at the time of filing the application 

22 for such adjustment and establishes that the alien, at such 

23 time— 

24 ‘‘(1) has been physically present and enrolled in 

25 school in the United States for a continuous period 
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1 of not less than 5 years immediately preceding the 

2 date of such application, and during that period has 

3 been a person of good moral character; 

4 ‘‘(2) has fully integrated into life in the United 

5 States; 

6 ‘‘(3) has learned English or is satisfactorily 

7 pursuing a course of study to achieve an under8 standing of English; 

9 ‘‘(4) is successfully pursuing an elementary 

10 school, middle school, high school, or college-level 

11 education; and 

12 ‘‘(5) if older than 13 years of age, has per13 formed at least 60 hours of community service. 

14 ‘‘(b) TREATMENT OF BRIEF, CASUAL, AND INNO15 CENT ABSENCES.—An alien shall not be considered to 

16 have failed to maintain a continuous presence in the 

17 United States for purposes of subsection (a)(1) by virtue 

18 of brief, casual, and innocent absences from the United 

19 States. 

20 ‘‘(c) ADMISSIBLE AS IMMIGRANT.— 

21 ‘‘(1) IN GENERAL.—The alien shall establish 

22 that the alien is admissible to the United States as 

23 an immigrant, except as otherwise provided in para24 graph (2). 
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1 ‘‘(2) APPLICABILITY OF CERTAIN PROVI2 SIONS.— 

3 ‘‘(A) GROUNDS OF INADMISSIBILITY NOT

4 APPLIED.—The provisions of paragraphs (5), 

5 (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), 

6 (9)(B), and (9)(C) of section 212(a) shall not 

7 apply in the determination of an alien’s admis8 sibility under this section. 

9 ‘‘(B) WAIVER OF OTHER GROUNDS.— 

10 ‘‘(i) IN GENERAL.—Except as pro11 vided in clause (ii), the Secretary of Home12 land Security may waive any other provi13 sion of section 212(a) in the case of an in14 dividual alien for humanitarian purposes, 

15 to assure family unity, or when it is other16 wise in the public interest. 

17 ‘‘(ii) GROUNDS THAT MAY NOT BE

18 WAIVED.—The following provisions of sec19 tion 212(a) may not be waived by the Sec20 retary under clause (i): 

21 ‘‘(I) Paragraphs (2)(A) and 

22 (2)(B) (relating to criminals). 

23 ‘‘(II) Paragraph (2)(C) (relating 

24 to drug offenses), except for so much 

25 of such paragraph as relates to a sin-
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1 gle offense of simple possession of 30 

2 grams or less of marijuana. 

3 ‘‘(III) Paragraph (3) (relating to 

4 security and related grounds). 

5 ‘‘(d) NO NUMERICAL LIMITATIONS.—The numerical 

6 limitations of sections 201 and 202 shall not apply to ad7 justment of status under this section. 

8 ‘‘(e) CONFIDENTIALITY OF INFORMATION.—Except 

9 as provided in this section, neither the Secretary of Home10 land Security, nor any other official or employee of the 

11 Department of Homeland Security, may— 

12 ‘‘(1) use information furnished by applicant for 

13 an application filed under this section for any pur14 pose other than to make a determination on the ap15 plication; 

16 ‘‘(2) make any publication whereby the infor17 mation furnished by any particular applicant can be 

18 identified; or 

19 ‘‘(3) permit anyone other than the sworn offi20 cers and employees of the Department, the appli21 cant, or a representative of the applicant to examine 

22 individual applications. 

23 ‘‘(f) DISSEMINATION OF INFORMATION.—The Sec24 retary of Homeland Security shall broadly disseminate in25 formation respecting the benefits which aliens may receive 
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1 under this section and the requirements to obtain such 

2 benefits.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 for the Immigration and Nationality Act, as amended by 

5 section 201, is amended further by inserting after the item 

6 relating to section 245B the following: 

‘‘245C. Adjustment of status for certain children.’’. 

7 SEC. 203. RECORD OF ADMISSION FOR PERMANENT RESI8 DENCE IN THE CASE OF CERTAIN ALIENS. 

9 (a) IN GENERAL.—Section 249 of the Immigration 

10 and Nationality Act (8 U.S.C. 1259) is amended— 

11 (1) in the section heading by striking ‘‘1972’’ 

12 and inserting ‘‘1986’’; and 

13 (2) in paragraph (a), by striking ‘‘1972’’ and 

14 inserting ‘‘1986’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 is amended in the item relating to section 249 by striking 

17 ‘‘1972’’ and inserting ‘‘1986’’. 

18 TITLE III—EMPLOYEE 

19 PROTECTIONS 

20 SEC. 301. UNFAIR IMMIGRATION-RELATED EMPLOYMENT 

21 PRACTICES. 

22 Section 274B of the Immigration and Nationality Act 

23 (8 U.S.C. 1324b) is amended— 

24 (1) in subsection (a)(5)— 
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1 (A) by amending the paragraph heading to 

2 read ‘‘Prohibition of intimidation, retaliation, or 

3 unlawful discrimination in employment’’; 

4 (B) by moving the text down and to the 

5 right 2 ems; 

6 (C) by inserting before such text the fol7 lowing: ‘‘(A) In general.—’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(B) FEDERAL LABOR OR EMPLOYMENT

10 LAWS.—It is an unfair employment practice for 

11 any employer to directly or indirectly threaten 

12 any individual with removal or any other ad13 verse consequences pertaining to that individ14 ual’s immigration status or employment bene15 fits for the purpose of intimidating, pressuring, 

16 or coercing any such individual not to exercise 

17 any right protected by state or federal labor or 

18 employment law (including section 7 of the Na19 tional Labor Relations Act (29 U.S.C. 157)), or 

20 for the purpose of retaliating against any such 

21 individual for having exercised or having stated 

22 an intention to exercise any such right. 

23 ‘‘(C) DISCRIMINATION BASED ON IMMIGRA24 TION STATUS.—It is an unfair employment 

25 practice for any employer, except to the extent 
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1 specifically authorized or required by law, to 

2 discriminate in any term or condition of em3 ployment against any individual employed by 

4 such employer on the basis of such individual’s 

5 immigration status.’’; and 

6 (2) in subsection (c)(2), by adding at the end 

7 the following: ‘‘The Special Counsel shall not dis8 close to the Secretary of Homeland Security or any 

9 other government agency or employee, and shall not 

10 cause to be published in a manner that discloses to 

11 the Secretary of Homeland Security or any other 

12 government agency or employee, any information ob13 tained by the Special Counsel in any manner con14 cerning the immigration status of any individual who 

15 has filed a charge under this section, or the identity 

16 of any individual or entity that is a party or witness 

17 to a proceedings brought pursuant to such charge. 

18 The Secretary of Homeland Security may not rely, 

19 in whole or in part, in any enforcement action or re20 moval proceeding, upon any information obtained as 

21 a result of the filing or prosecution of an unfair im22 migration-related employment practice charge. For 

23 purposes of this paragraph, the term ‘Special Coun24 sel’ includes individuals formerly appointed to the 

25 position of Special Counsel and any current or 
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1 former employee of the office of the Special Counsel. 

2 Whoever knowingly uses, publishes, or permits infor3 mation to be used in violation of this paragraph 

4 shall be fined not more than $10,000’’. 

5 SEC. 302. DEPARTMENT OF LABOR TASK FORCE. 

6 The Secretary of Labor, in consultation with the At7 torney General and the Secretary of Homeland Security, 

8 shall conduct a national study of American workplaces to 

9 determine the causes, extent, circumstances, and con10 sequences, of exploitation of undocumented alien workers 

11 by their employers. As part of this study, the Secretary 

12 of Labor shall create a plan for targeted review of federal 

13 labor law enforcement in industries with a substantial im14 migrant workforce, for the purpose of identifying, moni15 toring, and deterring frequent or egregious violators of 

16 wage and hour, anti-discrimination, National Labor Rela17 tions Act, and workplace safety and health requirements. 

18 Not later than 18 months after the date of the enactment 

19 of this Act, the Secretary of Labor shall submit to the 

20 Congress a report describing the results of the study and 

21 the Secretary’s recommendations based on the study. 

22 SEC. 303. RECRUITMENT OF AMERICAN WORKERS. 

23 Section 214 of the Immigration and Nationality Act 

24 is amended— 
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1 (1) by redesignating subsections (m) (as added 

2 by section 105 of Public Law 106–313), (n) (as 

3 added by section 107(e) of Public Law 106–386), 

4 (o) (as added by section 1513(c) of Public Law 106– 

5 386), (o) (as added by section 1102(b) of the Legal 

6 Immigration Family Equity Act), and (p) (as added 

7 by section 1503(b) of the Legal Immigration Family 

8 Equity Act) as subsections (n), (o), (p), (q), and (r), 

9 respectively; and 

10 (2) by adding at the end the following: 

11 ‘‘(s)(1) No petition to accord employment status 

12 under any nonimmigrant classification described in section 

13 101(a)(15) shall be granted in the absence of an affidavit 

14 from the petitioner describing the efforts that were made 

15 to recruit an alien lawfully admitted for permanent resi16 dence or a citizen of the United States before resorting 

17 to a petition to obtain a foreign employee. The recruitment 

18 efforts must have included substantial attempts to find 

19 employees in minority communities. Recruitment efforts in 

20 minority communities should include at least one of the 

21 following, if appropriate for the employment being adver22 tised: 

23 ‘‘(A) Advertise the availability of the job oppor24 tunity for which the employer is seeking a worker in 

25 local newspapers in the labor market that is likely 
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1 to be patronized by a potential worker for at least 

2 5 consecutive days. 

3 ‘‘(B) Undertake efforts to advertise the avail4 ability of the job opportunity for which the employer 

5 is seeking a worker through advertisements in public 

6 transportation systems. 

7 ‘‘(C) To the extent permitted by local laws and 

8 regulations, engage in recruitment activities in sec9 ondary schools, recreation centers, community cen10 ters, and other places throughout the communities 

11 within 50 miles of the job site that serve minorities. 

12 ‘‘(2)(A) The Secretary of Homeland Security shall 

13 impose a 10 percent surcharge on all fees collected for pe14 titions to accord employment status and shall use these 

15 funds to establish an employment training program which 

16 will include unemployed workers in the United States who 

17 need to be trained or retrained. The purpose of this pro18 gram shall be to increase the number of lawful permanent 

19 residents and citizens of the United States who are avail20 able for employment in the occupations that are the sub21 jects of such petitions. At least 50 percent of the funds 

22 generated by this provision must be used to train Amer23 ican workers in rural and inner city areas. 

24 ‘‘(B) The Secretary of Homeland Security shall re25 serve and make available to the Secretary of Labor a por-
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1 tion of the funds collected under this paragraph. Such 

2 funds shall be used by the Secretary of Labor to establish 

3 an ‘Office to Preserve American Jobs’ within the Depart4 ment of Labor. The purpose of this office shall be to estab5 lish policies intended to ensure that employers in the 

6 United States will hire available workers in the United 

7 States before resorting to foreign labor, giving substantial 

8 emphasis to hiring minority workers in the United 

9 States.’’. 

10 TITLE IV—DIVERSITY VISAS 

11 SEC. 401. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY 

12 IMMIGRANTS. 

13 Section 201(e) of the Immigration and Nationality 

14 Act (8 U.S.C. 1151(e)) is amended by striking ‘‘55,000’’ 

15 and inserting ‘‘110,000’’. 

16 SEC. 402. PERIOD DESIGNATED FOR APPLICATION. 

17 Section 203(e)(1) of the Immigration and Nationality 

18 Act (8 U.S.C. 1153(e)(1)) is amended— 

19 (1) by striking ‘‘Attorney General’’ each place 

20 such term appears and inserting ‘‘Secretary of 

21 Homeland Security’’; and 

22 (2) by adding at the end the following: ‘‘The 

23 Secretary shall provide for a filing system that will 

24 permit unlimited filing throughout the entire period 

25 designated for the filing of petitions. If an electronic 
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1 filing system is chosen, the Secretary shall ensure 

2 that the computer equipment and software used to 

3 accept the filed petitions will have the capacity to ac4 cept every application that is submitted during the 

5 period designated for filing the petitions. In the 

6 event that petitions submitted during the designated 

7 period are rejected, the designated period will be ex8 tended for an additional 10-day period.’’ 

9 TITLE V—HAITIAN PARITY 

10 SEC. 501. ADJUSTMENT OF STATUS FOR HAITIANS. 

11 (a) IN GENERAL.—Chapter 5 of title II of the Immi12 gration and Nationality Act (8 U.S.C. 1255 et seq.), as 

13 amended by section 202, is further amended by inserting 

14 after section 245C the following: 

15 ‘‘ADJUSTMENT OF STATUS OF CERTAIN HAITIAN

16 NATIONALS

17 ‘‘SEC. 245D. Notwithstanding the provisions of sec18 tion 245(c), the status of any alien who is a national or 

19 citizen of Haiti, and who has been physically present in 

20 the United States for at least one year, may be adjusted 

21 by the Secretary of Homeland Security, in the Secretary’s 

22 discretion and under such regulations as the Secretary 

23 may prescribe, to that of an alien lawfully admitted for 

24 permanent residence, if the alien makes an application for 

25 such adjustment and the alien is eligible to receive an im26 migrant visa and is admissible to the United States for 
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1 permanent residence. Upon approval of such an applica2 tion for adjustment of status, the Secretary shall create 

3 a record of the alien’s admission for permanent residence 

4 as of a date 30 months prior to the filing of such an appli5 cation or the date of the alien’s last arrival into the United 

6 States, whichever date is later. The provisions of this Act 

7 shall be applicable to the spouse and child of any alien 

8 described in this section, regardless of their citizenship 

9 and place of birth, if the spouse or child is residing with 

10 such alien in the United States.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 for the Immigration and Nationality Act, as amended by 

13 section 202, is further amended by inserting after the item 

14 relating to section 245C the following: 

‘‘245D. Adjustment of status of certain Haitian nationals.’’. 

15 (c) SUNSET.—The amendments made by this section 

16 shall cease to be effective on the date that is 3 years after 

17 the date of the enactment of this Act. 

18 SEC. 502. LIMITATION OF ATTORNEY GENERAL’S BOND DIS19 CRETION. 

20 Section 236 of the Immigration and Nationality Act 

21 (8 U.S.C. 1226) is amended by adding at the end the fol22 lowing: 

23 ‘‘(f) EXERCISE OF AUTHORITY FOR ARREST, DETEN24 TION, AND RELEASE.—The Secretary of Homeland Secu25 rity shall exercise the discretion afforded under subsection 
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1 (a) on a case-by-case basis. If bond is to be denied on 

2 the ground that the alien’s release would give rise to ad3 verse consequences for national security or national immi4 gration policy, the finding of such adverse consequences 

5 shall be based on circumstances pertaining to the indi6 vidual alien whose release is being considered.’’. 

7 SEC. 503. ELIMINATION OF MANDATORY DETENTION IN EX8 PEDITED REMOVAL PROCEEDINGS. 

9 Section 235(b)(1)(B)(iii)(IV) of the Immigration and 

10 Nationality Act (8 U.S.C. 1225(b)(1)(B)(iii)(IV)) is 

11 amended to read as follows: 

12 ‘‘(IV) DETENTION.—Aliens sub13 ject to the procedures under this 

14 clause shall be detained in accordance 

15 with section 236.’’. 

16 SEC. 504. AMENDMENTS TO HAITIAN AND IMMIGRANT 

17 FAIRNESS ACT OF 1998. 

18 (a) GROUND FOR INADMISSIBILITY FOR DOCUMENT

19 FRAUD DOES NOT APPLY.—The Haitian Refugee Immi20 gration Fairness Act of 1998 (8 U.S.C. 1255 note) is 

21 amended in subsections (a)(1)(B) and (d)(1)(D) of section 

22 902 by inserting ‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’. 

23 (b) DETERMINATIONS WITH RESPECT TO CHIL24 DREN.—Section 902(d) of such Act is amended by adding 

25 at the end the following: 
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1 ‘‘(3) DETERMINATIONS WITH RESPECT TO

2 CHILDREN.— 

3 ‘‘(A) USE OF APPLICATION FILING

4 DATE.—Determinations made under this sub5 section as to whether an individual is a child of 

6 a parent shall be made using the age and status 

7 of the individual on the date of the enactment 

8 of this section. 

9 ‘‘(B) APPLICATION SUBMISSION BY PAR10 ENT.—Notwithstanding paragraph (1)(C), an 

11 application under this subsection filed based on 

12 status as a child may be filed for the benefit of 

13 such child by a parent or guardian of the child, 

14 if the child is physically present in the United 

15 States on such filing date.’’. 

16 SEC. 505. NEW APPLICATIONS AND MOTIONS TO REOPEN. 

17 (a) NEW APPLICATIONS.—Notwithstanding section 

18 902(a)(1)(A) of the Haitian and Immigrant Fairness Act 

19 of 1998, an alien who is eligible for adjustment of status 

20 under such Act, as amended by section 504 of this Act, 

21 may submit an application for adjustment of status under 

22 such Act not later than the later of— 

23 (1) 2 years after the date of the enactment of 

24 this Act; and 
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1 (2) 1 year after the date on which final regula2 tions implementing section 504 are promulgated. 

3 (b) MOTIONS TO REOPEN.—The Secretary of Home4 land Security shall establish procedures for the reopening 

5 and reconsideration of applications for adjustment of sta6 tus under the Haitian Refugee Immigration Fairness Act 

7 of 1998 that are affected by the amendments under sec8 tion 504 of this Act. 

9 (c) RELATIONSHIP OF APPLICATION TO CERTAIN OR10 DERS.—Section 902(a)(3) of the Haitian and Immigrant 

11 Fairness Act of 1998 shall apply to an alien present in 

12 the United States who has been ordered excluded, de13 ported, removed, or ordered to depart voluntarily, and who 

14 files an application under subsection (a), or a motion 

15 under subsection (b), in the same manner as such section 

16 902(a)(3) applied to aliens filing applications for adjust17 ment of status under such Act before April 1, 2000. 

18 SEC. 506. SENSE OF CONGRESS REGARDING TEMPORARY 

19 PROTECTED STATUS FOR HAITIANS. 

20 It is the sense of the Congress that the Secretary of 

21 Homeland Security should be more liberal with respect to 

22 Haiti in deciding whether to designate that country for 

23 temporary protected status under section 244(b)(1)(A) of 

24 the Immigration and Nationality (8 U.S.C. 

25 1254(b)(1)(A)). It is the sense of the Congress that this 
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1 decision has sometimes been made without due regard to 

2 the serious threat to personal safety that results from 

3 sending Haitians back to Haiti during a period of ongoing 

4 armed conflict in that country. 

5 TITLE VI—LIBERIAN REFUGEE 

6 RELIEF 

7 SEC. 601. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN 

8 NATIONALS. 

9 (a) ADJUSTMENT OF STATUS.— 

10 (1) IN GENERAL.—Notwithstanding section 

11 245(c) of the Immigration and Nationality Act, the 

12 status of any alien described in subsection (b) shall 

13 be adjusted by the Secretary of Homeland Security 

14 to that of an alien lawfully admitted for permanent 

15 residence, if the alien— 

16 (A) applies for such adjustment before 

17 April 1, 2005; and 

18 (B) is otherwise eligible to receive an im19 migrant visa and is otherwise admissible to the 

20 United States for permanent residence, except 

21 in determining such admissibility the grounds 

22 for inadmissibility specified in paragraphs (4), 

23 (5), (6)(A), and (7)(A) of section 212(a) of the 

24 Immigration and Nationality Act shall not 

25 apply. 
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1 (2) RELATIONSHIP OF APPLICATION TO CER2 TAIN ORDERS.—An alien present in the United 

3 States who has been ordered excluded, deported, re4 moved, or ordered to depart voluntarily from the 

5 United States under any provision of the Immigra6 tion and Nationality Act may, notwithstanding such 

7 order, apply for adjustment of status under para8 graph (1). Such an alien may not be required, as a 

9 condition on submitting or granting such applica10 tion, to file a motion to reopen, reconsider, or vacate 

11 such order. If the Secretary of Homeland Security 

12 grants the application, the Secretary of Homeland 

13 Security shall cancel the order. If the Secretary of 

14 Homeland Security renders a final administrative 

15 decision to deny the application, the order shall be 

16 effective and enforceable to the same extent as if the 

17 application had not been made. 

18 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA19 TUS.—The benefits provided by subsection (a) shall apply 

20 to any alien who— 

21 (1) is a national of Liberia; and 

22 (2)(A) who was granted temporary protected 

23 status on or after March 27, 1991; or 

24 (B) was eligible to apply for temporary pro25 tected status on or after March 27, 1991. 
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1 (c) STAY OF REMOVAL.— 

2 (1) IN GENERAL.—The Secretary of Homeland 

3 Security shall provide by regulation for an alien sub4 ject to a final order of deportation or removal or ex5 clusion to seek a stay of such order based on the fil6 ing of an application under subsection (a). 

7 (2) DURING CERTAIN PROCEEDINGS.—Notwith8 standing any provision of the Immigration and Na9 tionality Act, the Secretary of Homeland Security 

10 shall not order any alien to be removed from the 

11 United States, if the alien is in exclusion, deporta12 tion, or removal proceedings under any provision of 

13 such Act and raises as a defense to such an order 

14 the eligibility of the alien to apply for adjustment of 

15 status under subsection (a), except where the Sec16 retary of Homeland Security has rendered a final 

17 administrative determination to deny the application. 

18 (3) WORK AUTHORIZATION.—The Secretary of 

19 Homeland Security may authorize an alien who has 

20 applied for adjustment of status under subsection 

21 (a) to engage in employment in the United States 

22 during the pendency of such application and may 

23 provide the alien with an ‘‘employment authorized’’ 

24 endorsement or other appropriate document signi25 fying authorization of employment, except that if 
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1 such application is pending for a period exceeding 

2 180 days, and has not been denied, the Secretary of 

3 Homeland Security shall authorize such employment. 

4 (d) ADJUSTMENT OF STATUS FOR SPOUSES AND

5 CHILDREN.— 

6 (1) IN GENERAL.—Notwithstanding section 

7 245(c) of the Immigration and Nationality Act, the 

8 status of an alien shall be adjusted by the Secretary 

9 of Homeland Security to that of an alien lawfully 

10 admitted for permanent residence, if— 

11 (A) the alien is a national of Liberia; 

12 (B) the alien is the spouse, child, or un13 married son or daughter, of an alien whose sta14 tus is adjusted to that of an alien lawfully ad15 mitted for permanent residence under sub16 section (a), except that in the case of such an 

17 unmarried son or daughter, the son or daughter 

18 shall be required to establish that they have 

19 been physically present in the United States for 

20 at least 1 year and is physically present in the 

21 United States on the date the application for 

22 such adjustment is filed; 

23 (C) the alien applies for such adjustment 

24 and is physically present in the United States 

25 on the date the application is filed; and 
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1 (D) the alien is otherwise eligible to receive 

2 an immigration visa and is otherwise admissible 

3 to the United States for permanent residence, 

4 except in determining such admissibility the 

5 grounds for exclusion specified in paragraphs 

6 (4), (5), (6)(A), and (7)(A) of section 212(a) of 

7 the Immigration and Nationality Act shall not 

8 apply. 

9 (2) PROOF OF CONTINUOUS PRESENCE.—For 

10 purposes of establishing the period of continuous 

11 physical presence referred to in paragraph (1)(B), 

12 an alien shall not be considered to have failed to 

13 maintain continuous physical presence by reason of 

14 an absence, or absences, from the United States for 

15 any periods in aggregate not exceeding 180 days. 

16 (e) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 

17 The Secretary of Homeland Security shall provide to ap18 plicants for adjustment of status under subsection (a) the 

19 same right to, and procedures for, administrative review 

20 as are provided to— 

21 (1) applicants for adjustment of status under 

22 section 245 of the Immigration and Nationality Act; 

23 or 

24 (2) aliens subject to removal proceedings under 

25 section 240 of such Act. 
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1 (f) LIMITATION ON JUDICIAL REVIEW.—A deter2 mination by the Secretary of Homeland Security as to 

3 whether the status of any alien should be adjusted under 

4 this section is final and shall not be subject to review by 

5 any court. 

6 (g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 

7 When an alien is granted the status of having been law8 fully admitted for permanent residence pursuant to this 

9 section, the Secretary of State shall not be required to re10 duce the number of immigrant visas authorized to be 

11 issued under any provision of the Immigration and Na12 tionality Act. 

13 (h) APPLICATION OF IMMIGRATION AND NATION14 ALITY ACT PROVISIONS.—Except as otherwise specifically 

15 provided in this section, the definitions contained in the 

16 Immigration and Nationality Act shall apply in the admin17 istration of this section. Nothing contained in this section 

18 shall be held to repeal, amend, alter, modify, effect, or re19 strict the powers, duties, functions, or authority of the 

20 Secretary of Homeland Security in the administration and 

21 enforcement of such Act or any other law relating to immi22 gration, nationality, or naturalization. The fact that an 

23 alien may be eligible to be granted the status of having 

24 been lawfully admitted for permanent residence under this 

25 section shall not preclude the alien from seeking such sta-
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1 tus under any other provision of law for which the alien 

2 may be eligible. 

3 TITLE VII—FAIRNESS IN ASYLUM 

4 AND REFUGEE PROCEEDINGS 

5 SEC. 701. REFUGEE STATUS FOR UNMARRIED SONS AND 

6 DAUGHTERS OF REFUGEES. 

7 Section 207(c)(2) of the Immigration and Nationality 

8 Act (8 U.S.C. 1157(c)(2)) is amended by adding at the 

9 end the following: 

10 ‘‘(C) When warranted by unusual cir11 cumstances or to preserve family unity, the At12 torney General may, in the Attorney General’s 

13 discretion, consider an unmarried son or daugh14 ter of a refugee to be a child of the refugee for 

15 purposes of this paragraph.’’. 

16 SEC. 702. ASYLEE STATUS FOR UNMARRIED SONS AND 

17 DAUGHTERS OF ASYLEES. 

18 Section 208(b)(3) of the Immigration and Nationality 

19 Act (8 U.S.C. 1158(b)(3)) is amended by adding at the 

20 end the following: 

21 ‘‘(C) When warranted by unusual cir22 cumstances or to preserve family unity, the At23 torney General may, in the Attorney General’s 

24 discretion, consider an unmarried son or daugh25 ter of an alien who is granted asylum under 
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1 this subsection to be a child of the alien for 

2 purposes of this paragraph.’’. 

3 SEC. 703. ELIMINATION OF ARBITRARY TIME LIMITS ON 

4 ASYLUM APPLICATIONS. 

5 Section 208(a)(2) of the Immigration and Nationality 

6 Act (8 U.S.C. 1158(a)(2)) is amended— 

7 (1) by striking subparagraph (B); 

8 (2) in subparagraph (C), by striking ‘‘(D),’’ and 

9 inserting ‘‘(C),’’; 

10 (3) in subparagraph (D)— 

11 (A) by striking ‘‘subparagraphs (B) and 

12 (C),’’ and inserting ‘‘subparagraph (B),’’; 

13 (B) by striking ‘‘either’’; and 

14 (C) by striking ‘‘asylum or extraordinary’’ 

15 and all that follows through the period at the 

16 end and inserting ‘‘asylum.’’; and 

17 (4) by redesignating subparagraphs (C) and 

18 (D) as subparagraphs (B) and (C), respectively. 

19 SEC. 704. GENDER-BASED PERSECUTION. 

20 (a) TREATMENT AS REFUGEE.—Section 101(a)(42) 

21 of the Immigration and Nationality Act (8 U.S.C. 

22 1101(a)(42)) is amended by adding at the end the fol23 lowing: 

24 ‘‘(C) For purposes of determinations under 

25 this Act, a person who establishes that he or 
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1 she suffered persecution in the past, or has a 

2 well-founded fear of persecution, on account of 

3 gender shall be considered to have suffered per4 secution, or to have a well-founded fear of per5 secution, on account of membership in a par6 ticular social group.’’. 

7 (b) RESTRICTION ON REMOVAL TO COUNTRY WHERE

8 ALIEN WOULD BE THREATENED.—Section 241(b)(3) of 

9 such Act (8 U.S.C. 1231(b)(3)) is amended by adding at 

10 the end the following: 

11 ‘‘(C) GENDER-BASED PERSECUTION.—For 

12 purposes of determinations under this para13 graph, an alien who establishes that the alien’s 

14 life or freedom would be threatened in a coun15 try on account of gender shall be considered to 

16 have established that the alien’s life or freedom 

17 would be threatened in that country on account 

18 of membership in a particular social group.’’. 

19 SEC. 705. ELIMINATION OF ARBITRARY CAP ON PERSONS 

20 ELIGIBLE TO ADJUST STATUS FROM ASYLEES 

21 TO LEGAL PERMANENT RESIDENTS. 

22 Section 209(b) of the Immigration and Nationality 

23 Act (8 U.S.C. 1159(b)) is amended by striking ‘‘Not more 

24 than 10,000 of the’’ and all that follows through ‘‘to ad25 just’’ and inserting ‘‘Subject to a numerical limitation de-
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1 termined by the President before the beginning of each 

2 fiscal year, the Attorney General may adjust, in the Attor3 ney General’s discretion and under such regulations as the 

4 Attorney General may prescribe,’’. 

5 TITLE VIII—TEMPORARY 

6 PROTECTED STATUS 

7 SEC. 801. ADJUSTMENT OF STATUS FOR CERTAIN RECIPI8 ENTS OF TEMPORARY PROTECTED STATUS. 

9 (a) IN GENERAL.—Section 245 of the Immigration 

10 and Nationality Act (8 U.S.C. 1255) is amended by add11 ing at the end the following: 

12 ‘‘(n)(1) If, in the opinion of the Secretary of the 

13 Homeland Security Department, a person granted tem14 porary protected status under section 244— 

15 ‘‘(A) has been physically present in the United 

16 States in that status for a continuous period of at 

17 least 5 years; 

18 ‘‘(B) has at all times been a person of good 

19 moral character; 

20 ‘‘(C) has never been convicted of a criminal of21 fense in the United States; 

22 ‘‘(D) in the case of an alien who is 18 years of 

23 age or older, but who is not over the age of 65, has 

24 successfully completed a course on reading, writing, 

25 and speaking words in ordinary usage in the English 
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1 language, unless unable to do so on account of phys2 ical or developmental disability or mental impair3 ment; 

4 ‘‘(E) in the case of an alien 18 years of age or 

5 older, has accepted the values and cultural life of the 

6 United States; and 

7 ‘‘(F) in the case of an alien 18 years of age or 

8 older, has performed at least 40 hours of community 

9 service; 

10 the Secretary may adjust the status of the alien to that 

11 of an alien lawfully admitted for permanent residence. 

12 ‘‘(2) An alien shall not be considered to have failed 

13 to maintain a continuous presence in the United States 

14 for purposes of subsection (a)(1) by virtue of brief, casual, 

15 and innocent absences from the United States. 

16 ‘‘(3)(A) The alien shall establish that the alien is ad17 missible to the United States as immigrant, except as oth18 erwise provided in paragraph (2). 

19 ‘‘(B) The provisions of paragraphs (5), (6)(A), 

20 (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and 

21 (9)(C)(i)(I) of section 212(a) shall not apply in the deter22 mination of an alien’s admissibility under this section. 

23 ‘‘(4) When an alien is granted lawful permanent resi24 dent status under this subsection, the number of immi25 grant visas authorized to be issued under any provision 
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1 of this Act shall not be reduced. The numerical limitations 

2 of sections 201 and 202 shall not apply to adjustment of 

3 status under this section. 

4 ‘‘(5) The Secretary of Homeland Security may termi5 nate removal proceedings without prejudice pending the 

6 outcome of an alien’s application for adjustment of status 

7 under this section on the basis of a prima facie showing 

8 of eligibility for relief under this section.’’. 

9 (b) LIMITATION ON CONSIDERATION IN THE SENATE

10 OF LEGISLATION ADJUSTING STATUS.—Section 244 of 

11 the Immigration and Nationality Act (8 U.S.C. 1254a) is 

12 amended by striking subsection (h) and redesignating sub13 section (i) as subsection (h). 

14 SEC. 802. FOREIGN STATE DESIGNATIONS. 

15 Section 244(b)(1)(C) of the Immigration and Nation16 ality Act (8 U.S.C. 1254a(b)(1)(C)) is amended to change 

17 the following phrase ‘‘the Attorney General finds that 

18 there exist extraordinary and temporary conditions in the 

19 foreign state that prevent aliens who are nationals of the 

20 state from returning to the state in safety,’’ so that it 

21 reads as follows: ‘‘the Secretary of Homeland Security 

22 finds that extraordinary and temporary conditions in the 

23 foreign state make returning aliens to the state undesir24 able for humanitarian reasons,’’. 
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1 SEC. 803. TECHNICAL CORRECTION. 

2 Section 244 of the Immigration and Nationality Act 

3 (8 U.S.C. 1254a) is amended by striking ‘‘Attorney Gen4 eral’’ each place such term appears and inserting ‘‘Sec5 retary of Homeland Security’’. 

6 TITLE IX—MISCELLANEOUS 

7 PROVISIONS 

8 SEC. 901. PHYSICAL PRESENCE REQUIREMENT. 

9 Section 316(a) of the Immigration and Nationality 

10 Act (8 U.S.C. 1427) is amended by adding at the end the 

11 following: 

12 ‘‘When warranted by extraordinary circumstances, 

13 the Secretary of Homeland Security may reduce, by not 

14 more than 90 days, the physical presence requirement de15 scribed in the preceding sentence.’’. 

16 SEC. 902. ABSENCES FROM THE UNITED STATES. 

17 Section 316(b) of the Immigration and Nationality 

18 Act (8 U.S.C. 1427(b)) is amended—

19 (1) in the first sentence, by striking ‘‘one year’’ 

20 and inserting ‘‘18 months’’; and 

21 (2) in the second sentence, by striking ‘‘contin22 uous period of one year’’ and inserting ‘‘continuous 

23 period of 18 months’’. 
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1 SEC. 903. ELIMINATING THE WIDOWED IMMIGRANT’S 2–

2 YEAR MARRIAGE PENALTY. 

3 Section 201(b)(2)(A)(i) of the Immigration and Na4 tionality Act (8 U.S.C. 1251(b)(2)(A)(i)) is amended—

5 (1) by striking ‘‘for at least 2 years’’; and 

6 (2) by inserting ‘‘, proves by a preponderance 

7 of the evidence that the marriage was entered into 

8 in good faith and not for the purpose of obtaining 

9 an immigration benefit,’’ after ‘‘within 2 years after 

10 such date’’. 

11 SEC. 904. ELIMINATE THE WIDOWED PERMANENT RESI12 DENT’S NATURALIZATION PENALTY. 

13 Section 319(a) of the Immigration and Nationality 

14 Act (8 U.S.C. 1429(a)) is amended by inserting ‘‘or, if 

15 the spouse is deceased, the spouse was a citizen of the 

16 United States,’’ after ‘‘(a) Any person whose spouse is a 

17 citizen of the United States,’’. 

18 SEC. 905. ELIMINATION OF BAN ON STATE AND LOCAL GOV19 ERNMENTS FROM PREVENTING COMMUNICA20 TIONS WITH THE DEPARTMENT OF HOME21 LAND SECURITY. 

22 (a) IN GENERAL.—Section 642 of the Illegal Immi23 gration Reform and Immigrant Responsibility Act of 1996 

24 (8 U.S.C. 1373) is repealed. 

25 (b) VERIFICATION OF ELIGIBILITY FOR FEDERAL

26 PUBLIC BENEFITS.—Section 432 of the Personal Respon-
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1 sibility and Work Opportunity Reconciliation Act of 1996 

2 (8 U.S.C. 1642) is repealed. 

3 SEC. 906. ELIMINATION OF AUTHORITY TO PERMIT STATE 

4 PERSONNEL TO CARRY OUT IMMIGRATION 

5 OFFICER FUNCTIONS. 

6 Section 287(g) of the Immigration and Nationality 

7 Act (8 U.S.C. 1357(g)) is repealed.

Æ