II 

118TH CONGRESS 

1ST SESSION S. 505 

To amend section 212(d)(5) of the Immigration and Nationality Act to 

reform immigration parole, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2023 

Mr. GRASSLEY (for himself, Mr. COTTON, Mr. CASSIDY, Mr. VANCE, Mr. 

LANKFORD, Mr. TUBERVILLE, Mrs. BRITT, Mr. LEE, and Ms. ERNST) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

To amend section 212(d)(5) of the Immigration and Nationality Act to reform immigration parole, 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 ‘‘Immigration Parole 

5 Reform Act of 2023’’. 

6 SEC. 2. IMMIGRATION PAROLE REFORM. 

7 Section 212(d)(5) of the Immigration and Nationality 

8 Act (8 U.S.C. 1182(d)(5)) is amended to read as follows: 


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1 ‘‘(5)(A) Except as provided in subparagraphs (B) 

2 and (C) and section 214(f), the Secretary of Homeland 

3 Security, in the discretion of the Secretary, may tempo4 rarily parole into the United States any alien applying for 

5 admission to the United States who is not present in the 

6 United States, under such conditions as the Secretary may 

7 prescribe, on a case-by-case basis, and not according to 

8 eligibility criteria describing an entire class of potential 

9 parole recipients, for urgent humanitarian reasons or sig10 nificant public benefit. Parole granted under this subpara11 graph may not be regarded as an admission of the alien. 

12 When the purposes of such parole have been served in the 

13 opinion of the Secretary, the alien shall immediately re14 turn or be returned to the custody from which the alien 

15 was paroled. After such return, the case of the alien shall 

16 be dealt with in the same manner as the case of any other 

17 applicant for admission to the United States. 

18 ‘‘(B) The Secretary of Homeland Security may grant 

19 parole to any alien who— 

20 ‘‘(i) is present in the United States without 

21 lawful immigration status; 

22 ‘‘(ii) is the beneficiary of an approved petition 

23 under section 203(a); 

24 ‘‘(iii) is not otherwise inadmissible or remov25 able; and 


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1 ‘‘(iv) is the spouse or child of a member of the 

2 Armed Forces serving on active duty. 

3 ‘‘(C) The Secretary of Homeland Security may grant 

4 parole to any alien— 

5 ‘‘(i) who is a national of the Republic of Cuba 

6 and is living in the Republic of Cuba; 

7 ‘‘(ii) who is the beneficiary of an approved peti8 tion under section 203(a); 

9 ‘‘(iii) for whom an immigrant visa is not imme10 diately available; 

11 ‘‘(iv) who meets all eligibility requirements for 

12 an immigrant visa; 

13 ‘‘(v) who is not otherwise inadmissible; and 

14 ‘‘(vi) who is receiving a grant of parole in fur15 therance of the commitment of the United States to 

16 the minimum level of annual legal migration of 

17 Cuban nationals to the United States specified in 

18 the U.S.–Cuba Joint Communique ́ on Migration, 

19 done at New York September 9, 1994, and re20 affirmed in the Cuba-United States: Joint Statement 

21 on Normalization of Migration, Building on the 

22 Agreement of September 9, 1994, done at New York 

23 May 2, 1995. 

24 ‘‘(D) For purposes of determining an alien’s eligi25 bility for parole under subparagraph (A), an urgent huVerDate Sep 11 2014 23:09 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S505.IS S505

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1 manitarian reason shall be limited to circumstances in 

2 which the alien establishes that— 

3 ‘‘(i)(I) the alien has a medical emergency; and 

4 ‘‘(II)(aa) the alien cannot obtain necessary 

5 treatment in the foreign state in which the alien is 

6 residing; or 

7 ‘‘(bb) the medical emergency is life-threatening 

8 and there is insufficient time for the alien to be ad9 mitted through the normal visa process; 

10 ‘‘(ii) the alien is the parent or legal guardian of 

11 an alien described in clause (i) and the alien de12 scribed in clause (i) is a minor; 

13 ‘‘(iii) the alien is needed in the United States 

14 in order to donate an organ or other tissue for 

15 transplant and there is insufficient time for the alien 

16 to be admitted through the normal visa process; 

17 ‘‘(iv) the alien has a close family member in the 

18 United States whose death is imminent and the alien 

19 could not arrive in the United States in time to see 

20 such family member alive if the alien were to be ad21 mitted through the normal visa process; 

22 ‘‘(v) the alien is seeking to attend the funeral 

23 of a close family member and the alien could not ar24 rive in the United States in time to attend such fuVerDate Sep 11 2014 23:09 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S505.IS S505

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1 neral if the alien were to be admitted through the 

2 normal visa process; 

3 ‘‘(vi) the alien is an adopted child with an ur4 gent medical condition who is in the legal custody of 

5 the petitioner for a final adoption-related visa and 

6 whose medical treatment is required before the ex7 pected award of a final adoption-related visa; or 

8 ‘‘(vii) the alien is a lawful applicant for adjust9 ment of status under section 245 and is returning 

10 to the United States after temporary travel abroad. 

11 ‘‘(E) For purposes of determining an alien’s eligi12 bility for parole under subparagraph (A), a significant 

13 public benefit may be determined to result from the parole 

14 of an alien only if— 

15 ‘‘(i) the alien has assisted (or will assist, wheth16 er knowingly or not) the United States Government 

17 in a law enforcement matter; 

18 ‘‘(ii) the alien’s presence is required by the Gov19 ernment in furtherance of such law enforcement 

20 matter; and 

21 ‘‘(iii) the alien is inadmissible, does not satisfy 

22 the eligibility requirements for admission as a non23 immigrant, or there is insufficient time for the alien 

24 to be admitted through the normal visa process. 


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1 ‘‘(F) For purposes of determining an alien’s eligi2 bility for parole under subparagraph (A), the term ‘case3 by-case basis’ means that the facts in each individual case 

4 are considered and parole is not granted based on mem5 bership in a defined class of aliens to be granted parole. 

6 The fact that aliens are considered for or granted parole 

7 one-by-one and not as a group is not sufficient to establish 

8 that the parole decision is made on a ‘case-by-case basis’. 

9 ‘‘(G) The Secretary of Homeland Security may not 

10 use the parole authority under this paragraph to parole 

11 an alien into the United States for any reason or purpose 

12 other than those described in subparagraphs (B), (C), (D), 

13 and (E). 

14 ‘‘(H) An alien granted parole may not accept employ15 ment, except that an alien granted parole pursuant to sub16 paragraph (B) or (C) is authorized to accept employment 

17 for the duration of the parole, as evidenced by an employ18 ment authorization document issued by the Secretary of 

19 Homeland Security. 

20 ‘‘(I) Parole granted after a departure from the 

21 United States shall not be regarded as an admission of 

22 the alien. An alien granted parole, whether as an initial 

23 grant of parole or parole upon reentry into the United 

24 States, is not eligible to adjust status to lawful permanent 

25 residence or for any other immigration benefit if the immiVerDate Sep 11 2014 23:09 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S505.IS S505

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1 gration status the alien had at the time of departure did 

2 not authorize the alien to adjust status or to be eligible 

3 for such benefit. 

4 ‘‘(J)(i) Except as provided in clauses (ii) and (iii), 

5 parole shall be granted to an alien under this paragraph 

6 for the shorter of— 

7 ‘‘(I) a period of sufficient length to accomplish 

8 the activity described in subparagraph (D) or (E) 

9 for which the alien was granted parole; or 

10 ‘‘(II) 1 year. 

11 ‘‘(ii) Grants of parole pursuant to subparagraph (A) 

12 may be extended once, in the discretion of the Secretary, 

13 for an additional period that is the shorter of— 

14 ‘‘(I) the period that is necessary to accomplish 

15 the activity described in subparagraph (D) or (E) 

16 for which the alien was granted parole; or 

17 ‘‘(II) 1 year. 

18 ‘‘(iii) Aliens who have a pending application to adjust 

19 status to permanent residence under section 245 may re20 quest extensions of parole under this paragraph, in 1-year 

21 increments, until the application for adjustment has been 

22 adjudicated. Such parole shall terminate immediately upon 

23 the denial of such adjustment application. 

24 ‘‘(K) Not later than 90 days after the last day of 

25 each fiscal year, the Secretary of Homeland Security shall 


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1 submit to the Committee on the Judiciary of the Senate 

2 and the Committee on the Judiciary of the House of Rep3 resentatives and make available to the public, a report— 

4 ‘‘(i) identifying the total number of aliens pa5 roled into the United States under this paragraph 

6 during the previous fiscal year; and 

7 ‘‘(ii) containing information and data regarding 

8 all aliens paroled during such fiscal year, includ9 ing— 

10 ‘‘(I) the duration of parole; 

11 ‘‘(II) the type of parole; and 

12 ‘‘(III) the current status of the aliens so 

13 paroled.’’. 

14 SEC. 3. IMPLEMENTATION. 

15 (a) IN GENERAL.—Except as provided in subsection 

16 (b), this Act and the amendments made by this Act shall 

17 take effect on the date that is 30 days after the date of 

18 the enactment of this Act. 

19 (b) EXCEPTIONS.—Notwithstanding subsection (a)— 

20 (1) any application for parole or advance parole 

21 filed by an alien before the date of the enactment of 

22 this Act shall be adjudicated under the law that was 

23 in effect on the date on which the application was 

24 properly filed and any approved advance parole shall 


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1 remain valid under the law that was in effect on the 

2 date on which the advance parole was approved; 

3 (2) section 212(d)(5)(I) of the Immigration and 

4 Nationality Act, as added by section 2(b), shall take 

5 effect on the date of the enactment of this Act; and 

6 (3) aliens who were paroled into the United 

7 States pursuant to section 212(d)(5)(A) of the Im8 migration and Nationality Act (8 U.S.C. 

9 1182(d)(5)(A)) before January 1, 2023, shall con10 tinue to be subject to the terms of parole that were 

11 in effect on the date on which their respective parole 

12 was approved. 

13 SEC. 4. CAUSE OF ACTION. 

14 Any person, State, or local government that experi15 ences financial harm in excess of $1,000 due to a failure 

16 of the Federal Government to lawfully apply the provisions 

17 of this Act or the amendments made by this Act shall have 

18 standing to bring a civil action against the Federal Gov19 ernment in an appropriate district court of the United 

20 States. 

21 SEC. 5. SEVERABILITY. 

22 If any provision of this Act or any amendment by 

23 this Act, or the application of such provision or amend24 ment to any person or circumstance, is held to be uncon25 stitutional, the remainder of this Act and the application 


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1 of such provision or amendment to any other person or 

2 circumstance shall not be affected. 

Æ 


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