I

103D CONGRESS

2D SESSION H. R. 5157

To amend the Immigration and Nationality Act with respect to the authority

of the Attorney General to parole aliens into the United States.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 3, 1994

Mr. STUMP introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To amend the Immigration and Nationality Act with respect

to the authority of the Attorney General to parole aliens

into the United States.

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 ‘‘Emergency Immigra5 tion Parole Correction Act of 1994’’.

6 SEC. 2. AMENDMENT OF PAROLE AUTHORITY.

7 (a) PROHIBITION OF PAROLE BASED ON IMMIGRANT

8 STATUS, FAMILIAL STATUS, OR ASSERTION OF REFUGEE

9 CLAIM.—Section 212(d)(5) of the Immigration and Na-
2

•HR 5157 IH

1 tionality Act (8 U.S.C. 1182(d)(5)) is amended by adding

2 at the end the following new subparagraph:

3 ‘‘(C) The Attorney General may not parole into the

4 United States an alien if such parole determination is

5 based significantly on the fact, supposition, or allegation

6 that such alien—

7 ‘‘(i) has petitioned for, has had a petition filed

8 on their behalf, or is otherwise awaiting the issuance

9 of an immigrant visa pursuant to section 204;

10 ‘‘(ii) is related by blood or marriage to a United

11 States citizen or an alien lawfully admitted to the

12 United States for permanent residence; or

13 ‘‘(iii) is or may become a refugee within the

14 meaning of section 101(a)(42), regardless of whether

15 the alien is likely to be admitted as a refugee pursu16 ant to section 207 or granted asylum pursuant to

17 section 208.’’.

18 (b) PROHIBITION OF GRANT OF PUBLIC INTEREST

19 PAROLE TO ALIENS DETAINED BY UNITED STATES AU20 THORITIES.—Section 212(d)(5) of the Immigration and

21 Nationality Act (8 U.S.C. 1182(d)(5)) is amended by add22 ing after subparagraph (C) (as added by subsection (a))

23 the following new subparagraph:

24 ‘‘(D) The Attorney General may not parole into the

25 United States, pursuant to section 212(d)(5) for reasons
3

•HR 5157 IH

1 determined by the Attorney General, at any time, to be

2 strictly in the public interest, any alien being detained by

3 United States military or civilian authorities at the Naval

4 Base, Guantanamo Bay, Cuba, or any other location being

5 used as a safe haven by the Government of the United

6 States for aliens who have fled their country of origin or

7 residence.’’.

8 SEC. 3. PROHIBITION OF ADJUSTMENT OF STATUS FOR

9 CUBANS AND HAITIANS PAROLED INTO THE

10 UNITED STATES IN THE PUBLIC INTEREST.

11 Section 245 of the Immigration and Nationality Act

12 (8 U.S.C. 1255) is amended by adding at the end the fol13 lowing new subsection:

14 ‘‘(i) Notwithstanding any other provision of this sec15 tion, the Attorney General may not adjust to the status

16 of an alien lawfully admitted to the United States for per17 manent residence the status of a Cuban or Haitian paroled

18 into the United States after September 8, 1994, pursuant

19 to section 212(d)(5) for reasons determined by the Attor20 ney General, at any time, to be strictly in the public

21 interest.’’.

Æ