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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10061 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                               H. R. 10061

   To amend the Immigration and Nationality Act to reform temporary 
               protected status, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 29, 2024

  Mr. Banks introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
Homeland Security, and Transportation and Infrastructure, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
   To amend the Immigration and Nationality Act to reform temporary 
               protected status, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End Executive Branch Amnesty Act of 
2024''.

SEC. 2. TEMPORARY PROTECTED STATUS.

    (a) Power To Designate a Foreign State.--Section 244(b) of the 
Immigration and Nationality Act (8 U.S.C. 1254a(b)) is amended--
            (1) by striking paragraphs (1), (2), and (3) and inserting 
        the following:
            ``(1) Initial designation.--For purposes of this section, a 
        foreign state may be designated upon the enactment of an Act 
        that satisfies the following requirements:
                    ``(A) The Act shall contain a finding--
                            ``(i) that there is an ongoing armed 
                        conflict within the state and, due to such 
                        conflict, requiring the return of aliens who 
                        are nationals of that state (or to the part of 
                        the state) would pose a serious threat to their 
                        personal safety;
                            ``(ii) that--
                                    ``(I) there has been an earthquake, 
                                flood, drought, epidemic, or other 
                                immediately life-threatening 
                                environmental disaster in the state 
                                resulting in a substantial, but 
                                temporary, disruption of living 
                                conditions in the area affected;
                                    ``(II) the foreign state is unable, 
                                temporarily, to handle adequately the 
                                return to the state of aliens who are 
                                nationals of the state; and
                                    ``(III) the foreign state 
                                officially has requested designation 
                                under this subparagraph; or
                            ``(iii) that there exist extraordinary and 
                        temporary conditions in the foreign state that 
                        prevent aliens who are nationals of the state 
                        from returning to the state in safety and that 
                        permitting the aliens to remain temporarily in 
                        the United States is not contrary to the 
                        national interest of the United States.
                    ``(B) The Act shall include--
                            ``(i) an estimate of the number of 
                        nationals of the foreign state who are (or 
                        within the effective period of the designation 
                        are likely to become) eligible for temporary 
                        protected status under this section;
                            ``(ii) such nationals' immigration status 
                        in the United States; and
                            ``(iii) a time period for the effectiveness 
                        of the designation that is not greater than 12 
                        months.
            ``(2) Termination.--
                    ``(A) Timely termination.--If an initial 
                designation of a foreign state is not extended under 
                paragraph (3), the initial designation shall terminate 
                at the end of the time period described in paragraph 
                (1)(B)(iii).
                    ``(B) Early termination.--For purposes of this 
                section, the designation of a foreign state shall be 
                terminated upon the enactment of an Act that contains a 
                finding that the foreign state (or part of such foreign 
                state) no longer meets the conditions for designation 
                under paragraph (1)(A).
            ``(3) Extension.--For purposes of this section, the time 
        period for the effectiveness of the designation of a foreign 
        state may be extended upon the enactment of an Act that 
        includes--
                    ``(A) a finding that the conditions for designation 
                under paragraph (1)(A) continue to be met; and
                    ``(B) a time period for the effectiveness of the 
                extension that is not greater than 12 months.''; and
            (2) in paragraph (5)(A), by striking ``of the Attorney 
        General'' and inserting ``made in any Act''.
    (b) Aliens Lacking Lawful Immigration Status.--Section 244(c)(2)(B) 
of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)) is 
amended--
            (1) in clause (i), by striking ``, or'' at the end and 
        inserting a semicolon;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iii) the alien lacks a lawful 
                        immigration status.''.
    (c) Conforming Amendments.--Section 244 of the Immigration and 
Nationality Act (8 U.S.C. 1254a et seq.) is amended--
            (1) in subsection (d)(3), by striking ``If the Attorney 
        General terminates the designation of a foreign state (or part 
        of such foreign state) under subsection (b)(3)(B)'' and 
        inserting ``If the designation of a foreign state (or part of 
        such foreign state) is terminated under section 244(b)(2)''; 
        and
            (2) in subsection (i)(1)--
                    (A) in subparagraph (A), by striking the comma at 
                the end and adding ``; and'';
                    (B) in subparagraph (B), by striking ``, and'' at 
                the end and inserting a period; and
                    (C) by striking subparagraph (C).
    (d) Technical Corrections.--Section 244 of the Immigration and 
Nationality Act (8 U.S.C. 1254a), as amended by subsections (a) and (b) 
of this section, is further amended by striking ``Attorney General'' 
each place it appears and inserting ``Secretary of Homeland Security''.

SEC. 3. UNACCOMPANIED ALIEN CHILDREN.

    (a) Repatriation of Unaccompanied Alien Children.--
            (1) In general.--Section 235 of the William Wilberforce 
        Trafficking Victims Protection Reauthorization Act of 2008 (8 
        U.S.C. 1232) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (2)--
                                    (I) by amending the heading to read 
                                as follows: ``Rules for unaccompanied 
                                alien children.--'';
                                    (II) in subparagraph (A)--
                                            (aa) in the matter 
                                        preceding clause (i), by 
                                        striking ``who is a national or 
                                        habitual resident of a country 
                                        that is contiguous with the 
                                        United States'';
                                            (bb) in clause (i), by 
                                        inserting ``and'' at the end;
                                            (cc) in clause (ii), by 
                                        striking ``; and'' and 
                                        inserting a period; and
                                            (dd) by striking clause 
                                        (iii); and
                                    (III) in subparagraph (B)--
                                            (aa) in the matter 
                                        preceding clause (i), by 
                                        striking ``(8 U.S.C. 1101 et 
                                        seq.) may--'' and inserting 
                                        ``(8 U.S.C. 1101 et seq.)--'';
                                            (bb) in clause (i), by 
                                        inserting before ``permit such 
                                        child to withdraw'' the 
                                        following: ``may''; and
                                            (cc) in clause (ii), by 
                                        inserting before ``return such 
                                        child'' the following: 
                                        ``shall''; and
                            (ii) in paragraph (5)(D)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``, except for an 
                                unaccompanied alien child from a 
                                contiguous country subject to 
                                exceptions under subsection (a)(2),'' 
                                and inserting ``who does not meet the 
                                criteria listed in paragraph (2)(A)''; 
                                and
                                    (II) in clause (i), by inserting 
                                before the semicolon at the end the 
                                following: ``, which shall include a 
                                hearing before an immigration judge not 
                                later than 14 days after being screened 
                                under paragraph (4)'';
                    (B) in subsection (b)--
                            (i) in paragraph (2)--
                                    (I) in subparagraph (A), by 
                                inserting before the semicolon the 
                                following: ``believed not to meet the 
                                criteria listed in subsection 
                                (a)(2)(A)''; and
                                    (II) in subparagraph (B), by 
                                inserting before the period the 
                                following: ``and does not meet the 
                                criteria listed in subsection 
                                (a)(2)(A)''; and
                            (ii) in paragraph (3), by striking ``an 
                        unaccompanied alien child in custody shall'' 
                        and all that follows, and inserting the 
                        following: ``an unaccompanied alien child in 
                        custody--
                    ``(A) in the case of a child who does not meet the 
                criteria listed in subsection (a)(2)(A), shall transfer 
                the custody of such child to the Secretary of Health 
                and Human Services not later than 30 days after 
                determining that such child is an unaccompanied alien 
                child who does not meet such criteria; or
                    ``(B) in the case of a child who meets the criteria 
                listed in subsection (a)(2)(A), may transfer the 
                custody of such child to the Secretary of Health and 
                Human Services after determining that such child is an 
                unaccompanied alien child who meets such criteria.''; 
                and
                    (C) in subsection (c)--
                            (i) in paragraph (3), by inserting at the 
                        end the following:
                    ``(D) Information about individuals with whom 
                children are placed.--
                            ``(i) Information to be provided to 
                        homeland security.--Before placing a child with 
                        an individual, the Secretary of Health and 
                        Human Services shall provide to the Secretary 
                        of Homeland Security, regarding the individual 
                        with whom the child will be placed, information 
                        on--
                                    ``(I) the name of the individual;
                                    ``(II) the social security number 
                                of the individual;
                                    ``(III) the date of birth of the 
                                individual;
                                    ``(IV) the location of the 
                                individual's residence where the child 
                                will be placed;
                                    ``(V) the immigration status of the 
                                individual, if known; and
                                    ``(VI) contact information for the 
                                individual.
                            ``(ii) Activities of the secretary of 
                        homeland security.--Not later than 30 days 
                        after receiving the information listed in 
                        clause (i), the Secretary of Homeland Security, 
                        upon determining that an individual with whom a 
                        child is placed is unlawfully present in the 
                        United States and not in removal proceedings 
                        pursuant to chapter 4 of title II of the 
                        Immigration and Nationality Act (8 U.S.C. 1221 
                        et seq.), shall initiate such removal 
                        proceedings.''; and
                            (ii) in paragraph (5)--
                                    (I) by inserting after ``to the 
                                greatest extent practicable'' the 
                                following: ``(at no expense to the 
                                Government)''; and
                                    (II) by striking ``have counsel to 
                                represent them'' and inserting ``have 
                                access to counsel to represent them''.
            (2) Effective date.--The amendments made by this section 
        shall apply to any unaccompanied alien child (as such term is 
        defined in section 462(g) of the Homeland Security Act of 2002 
        (6 U.S.C. 279(g))) apprehended on or after the date that is 30 
        days after the date of the enactment of this Act.
    (b) Special Immigrant Juvenile Status for Immigrants Unable To 
Reunite With Either Parent.--Section 101(a)(27)(J) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended--
            (1) in clause (i), by striking ``, and whose reunification 
        with 1 or both of the immigrant's parents is not viable due to 
        abuse, neglect, abandonment, or a similar basis found under 
        State law''; and
            (2) in clause (iii)--
                    (A) in subclause (I), by striking ``and'' at the 
                end;
                    (B) in subclause (II), by inserting ``and'' after 
                the semicolon; and
                    (C) by adding at the end the following:
                                    ``(III) an alien may not be granted 
                                special immigrant status under this 
                                subparagraph if the alien's 
                                reunification with any one parent or 
                                legal guardian is not precluded by 
                                abuse, neglect, abandonment, or any 
                                similar cause under State law;''.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to limit the following procedures or practices relating to an 
unaccompanied alien child (as defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))):
            (1) Screening of such a child for a credible fear of return 
        to his or her country of origin.
            (2) Screening of such a child to determine whether he or 
        she was a victim of trafficking.
            (3) Department of Health and Human Services policy in 
        effect on the date of the enactment of this Act requiring a 
        home study for such a child if he or she is under 12 years of 
        age.

SEC. 4. REPEAL OF CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS.

    (a) Repeal.--Section 240A of the Immigration and Nationality Act (8 
U.S.C. 1229b) is repealed.
    (b) Conforming Amendments.--The Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended--
            (1) in section 101(a)--
                    (A) in paragraph (13)(C)(v), by striking ``or 
                240A(a)'';
                    (B) in paragraph (50), by striking ``, 
                204(a)(1)(B)(ii)(II)(aa)(BB), or 
                240A(b)(2)(A)(i)(III)'' and inserting ``or 
                204(a)(1)(B)(ii)(II)(aa)(BB)'';
            (2) by striking section 201(b)(1)(D);
            (3) in section 240--
                    (A) in subsection (b)(7), by striking ``240A,'';
                    (B) in subsection (c)(7)(C)(iv)(I), by striking 
                ``clause (ii) or (iii) of section 204(a)(1)(B), or 
                240A(b)(2)'' and inserting ``or clause (ii) or (iii) of 
                section 204(a)(1)(B)'';
                    (C) in subsection (e), by striking ``and section 
                240A'';
            (4) in section 240B(d)--
                    (A) in paragraph (1)(B), by striking ``240A,'';
                    (B) in paragraph (2)--
                            (i) by striking ``240A or''; and
                            (ii) by striking ``under section 
                        240A(b)(2), or'';
            (5) in section 242(a)(2)(B)(i), by striking ``240A,'';
            (6) by striking section 244(e);
            (7) in section 245(l)(7), by striking ``240A(b)(2),'' and
            (8) by striking section 504(k)(3).

SEC. 5. PROHIBITED IDENTIFICATION DOCUMENTS FOR AIR TRAVEL.

    (a) Prohibited Identification Documents at Airport Security 
Checkpoints.--The Administrator of the Transportation Security 
Administration may not accept as valid proof of identification a 
prohibited identification document at an airport security checkpoint.
    (b) Prohibition on Operations for Certain Air Carriers.--
            (1) In general.--Chapter 401 of title 49, United States 
        Code, is amended by inserting after section 40130 the 
        following:
``Sec. 40131. Prohibition on operations for air carriers allowing use 
              of prohibited identification documents
    ``An air carrier or foreign air carrier may not operate an aircraft 
in foreign air transportation or land such aircraft at any airport in 
the United States if the air carrier or foreign air carrier allows the 
use of a prohibited identification document (as such term is defined in 
section 5 of the End Executive Branch Amnesty Act of 2024) as 
identification to board such aircraft.''.
            (2) Clerical amendment.--The analysis for chapter 401 of 
        title 49, United States Code, is amended by inserting after the 
        item relating to section 40130 the following:

``40131. Prohibition on operations for air carriers allowing use of 
                            prohibited identification documents.''.
    (c) Definition.--In this section, the term ``prohibited 
identification document'' means any of the following:
            (1) The U.S. Customs and Border Protection One Mobile App.
            (2) A Notice to Appear issued by the Department of Homeland 
        Security.
            (3) A Notice to Report issued by the Department of Homeland 
        Security.

SEC. 6. IMMIGRATION PAROLE REFORM.

    (a) In General.--Section 212(d)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)) is amended to read as follows:
            ``(5)(A) Except as provided in subparagraphs (B) and (C) 
        and section 214(f), the Secretary of Homeland Security, in the 
        discretion of the Secretary, may temporarily parole into the 
        United States any alien applying for admission to the United 
        States who is not present in the United States, under such 
        conditions as the Secretary may prescribe, on a case-by-case 
        basis, and not according to eligibility criteria describing an 
        entire class of potential parole recipients, for urgent 
        humanitarian reasons or significant public benefit. Parole 
        granted under this subparagraph may not be regarded as an 
        admission of the alien. When the purposes of such parole have 
        been served in the opinion of the Secretary, the alien shall 
        immediately return or be returned to the custody from which the 
        alien was paroled. After such return, the case of the alien 
        shall be dealt with in the same manner as the case of any other 
        applicant for admission to the United States.
            ``(B) The Secretary of Homeland Security may grant parole 
        to any alien who--
                    ``(i) is present in the United States without 
                lawful immigration status;
                    ``(ii) is the beneficiary of an approved petition 
                under section 203(a);
                    ``(iii) is not otherwise inadmissible or removable; 
                and
                    ``(iv) is the spouse or child of a member of the 
                Armed Forces serving on active duty.
            ``(C) The Secretary of Homeland Security may grant parole 
        to any alien--
                    ``(i) who is a national of the Republic of Cuba and 
                is living in the Republic of Cuba;
                    ``(ii) who is the beneficiary of an approved 
                petition under section 203(a);
                    ``(iii) for whom an immigrant visa is not 
                immediately available;
                    ``(iv) who meets all eligibility requirements for 
                an immigrant visa;
                    ``(v) who is not otherwise inadmissible; and
                    ``(vi) who is receiving a grant of parole in 
                furtherance of the commitment of the United States to 
                the minimum level of annual legal migration of Cuban 
                nationals to the United States specified in the U.S.-
                Cuba Joint Communique on Migration, done at New York 
                September 9, 1994, and reaffirmed in the Cuba-United 
                States: Joint Statement on Normalization of Migration, 
                Building on the Agreement of September 9, 1994, done at 
                New York May 2, 1995.
            ``(D) The Secretary of Homeland Security may grant parole 
        to an alien who is returned to a contiguous country under 
        section 235(b)(2)(C) to allow the alien to attend the alien's 
        immigration hearing. The grant of parole shall not exceed the 
        time required for the alien to be escorted to, and attend, the 
        alien's immigration hearing scheduled on the same calendar day 
        as the grant, and to immediately thereafter be escorted back to 
        the contiguous country. A grant of parole under this 
        subparagraph shall not be considered for purposes of 
        determining whether the alien is inadmissible under this Act.
            ``(E) For purposes of determining an alien's eligibility 
        for parole under subparagraph (A), an urgent humanitarian 
        reason shall be limited to circumstances in which the alien 
        establishes that--
                    ``(i)(I) the alien has a medical emergency; and
                    ``(II)(aa) the alien cannot obtain necessary 
                treatment in the foreign state in which the alien is 
                residing; or
                    ``(bb) the medical emergency is life-threatening 
                and there is insufficient time for the alien to be 
                admitted through the normal visa process;
                    ``(ii) the alien is the parent or legal guardian of 
                an alien described in clause (i) and the alien 
                described in clause (i) is a minor;
                    ``(iii) the alien is needed in the United States in 
                order to donate an organ or other tissue for transplant 
                and there is insufficient time for the alien to be 
                admitted through the normal visa process;
                    ``(iv) the alien has a close family member in the 
                United States whose death is imminent and the alien 
                could not arrive in the United States in time to see 
                such family member alive if the alien were to be 
                admitted through the normal visa process;
                    ``(v) the alien is seeking to attend the funeral of 
                a close family member and the alien could not arrive in 
                the United States in time to attend such funeral if the 
                alien were to be admitted through the normal visa 
                process;
                    ``(vi) the alien is an adopted child with an urgent 
                medical condition who is in the legal custody of the 
                petitioner for a final adoption-related visa and whose 
                medical treatment is required before the expected award 
                of a final adoption-related visa; or
                    ``(vii) the alien is a lawful applicant for 
                adjustment of status under section 245 and is returning 
                to the United States after temporary travel abroad.
            ``(F) For purposes of determining an alien's eligibility 
        for parole under subparagraph (A), a significant public benefit 
        may be determined to result from the parole of an alien only 
        if--
                    ``(i) the alien has assisted (or will assist, 
                whether knowingly or not) the United States Government 
                in a law enforcement matter;
                    ``(ii) the alien's presence is required by the 
                Government in furtherance of such law enforcement 
                matter; and
                    ``(iii) the alien is inadmissible, does not satisfy 
                the eligibility requirements for admission as a 
                nonimmigrant, or there is insufficient time for the 
                alien to be admitted through the normal visa process.
            ``(G) For purposes of determining an alien's eligibility 
        for parole under subparagraph (A), the term `case-by-case 
        basis' means that the facts in each individual case are 
        considered and parole is not granted based on membership in a 
        defined class of aliens to be granted parole. The fact that 
        aliens are considered for or granted parole one-by-one and not 
        as a group is not sufficient to establish that the parole 
        decision is made on a `case-by-case basis'.
            ``(H) The Secretary of Homeland Security may not use the 
        parole authority under this paragraph to parole an alien into 
        the United States for any reason or purpose other than those 
        described in subparagraphs (B), (C), (D), (E), and (F).
            ``(I) An alien granted parole may not accept employment, 
        except that an alien granted parole pursuant to subparagraph 
        (B) or (C) is authorized to accept employment for the duration 
        of the parole, as evidenced by an employment authorization 
        document issued by the Secretary of Homeland Security.
            ``(J) Parole granted after a departure from the United 
        States shall not be regarded as an admission of the alien. An 
        alien granted parole, whether as an initial grant of parole or 
        parole upon reentry into the United States, is not eligible to 
        adjust status to lawful permanent residence or for any other 
        immigration benefit if the immigration status the alien had at 
        the time of departure did not authorize the alien to adjust 
        status or to be eligible for such benefit.
            ``(K)(i) Except as provided in clauses (ii) and (iii), 
        parole shall be granted to an alien under this paragraph for 
        the shorter of--
                    ``(I) a period of sufficient length to accomplish 
                the activity described in subparagraph (D), (E), or (F) 
                for which the alien was granted parole; or
                    ``(II) 1 year.
            ``(ii) Grants of parole pursuant to subparagraph (A) may be 
        extended once, in the discretion of the Secretary, for an 
        additional period that is the shorter of--
                    ``(I) the period that is necessary to accomplish 
                the activity described in subparagraph (E) or (F) for 
                which the alien was granted parole; or
                    ``(II) 1 year.
            ``(iii) Aliens who have a pending application to adjust 
        status to permanent residence under section 245 may request 
        extensions of parole under this paragraph, in 1-year 
        increments, until the application for adjustment has been 
        adjudicated. Such parole shall terminate immediately upon the 
        denial of such adjustment application.
            ``(L) The total number of aliens granted parole under this 
        paragraph during any fiscal year may not exceed 1,000.
            ``(M) Not later than 90 days after the last day of each 
        fiscal year, the Secretary of Homeland Security shall submit to 
        the Committee on the Judiciary of the Senate and the Committee 
        on the Judiciary of the House of Representatives and make 
        available to the public, a report--
                    ``(i) identifying the total number of aliens 
                paroled into the United States under this paragraph 
                during the previous fiscal year; and
                    ``(ii) containing information and data regarding 
                all aliens paroled during such fiscal year, including--
                            ``(I) the duration of parole;
                            ``(II) the type of parole; and
                            ``(III) the current status of the aliens so 
                        paroled.''.
    (b) Implementation.--
            (1) In general.--Except as provided in paragraph (2), this 
        section and the amendments made by this section shall take 
        effect on the date that is 30 days after the date of the 
        enactment of this Act.
            (2) Exceptions.--Notwithstanding paragraph (1), each of the 
        following exceptions apply:
                    (A) Any application for parole or advance parole 
                filed by an alien before the date of the enactment of 
                this Act shall be adjudicated under the law that was in 
                effect on the date on which the application was 
                properly filed and any approved advance parole shall 
                remain valid under the law that was in effect on the 
                date on which the advance parole was approved.
                    (B) Section 212(d)(5)(J) of the Immigration and 
                Nationality Act, as added by subsection (a), shall take 
                effect on the date of the enactment of this Act.
                    (C) Aliens who were paroled into the United States 
                pursuant to section 212(d)(5)(A) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(d)(5)(A)) before January 
                1, 2023, shall continue to be subject to the terms of 
                parole that were in effect on the date on which their 
                respective parole was approved.
    (c) Cause of Action.--Any person, State, or local government that 
experiences financial harm in excess of $1,000 due to a failure of the 
Federal Government to lawfully apply the provisions of this section or 
the amendments made by this section shall have standing to bring a 
civil action against the Federal Government in an appropriate district 
court of the United States for appropriate relief.
    (d) Severability.--If any provision of this section or any 
amendment by this section, or the application of such provision or 
amendment to any person or circumstance, is held to be 
unconstitutional, the remainder of this section and the application of 
such provision or amendment to any other person or circumstance shall 
not be affected.
                                 <all>
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