II 

109TH CONGRESS 

1ST SESSION S. 1919 

To amend the Immigration and Nationality Act in order to reunify families, 

to provide for earned adjustment of status, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 25, 2005 

Mr. HAGEL introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act in order 

to reunify families, to provide for earned adjustment 

of status, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Immigrant Accountability Act of 2005’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title. 

TITLE I—ACCESS TO EARNED ADJUSTMENT AND MANDATORY 

DEPARTURE AND REENTRY 

Sec. 101. Adjustment of status. 
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Sec. 102. Mandatory departure and reentry. 

Sec. 103. Correction of Social Security records. 

TITLE II—FAMILY REUNIFICATION 

Sec. 201. Treatment of immediate relatives with respect to the family immigration cap. 

Sec. 202. Reclassification of spouses and minor children of legal permanent 

residents as immediate relatives. 

Sec. 203. Exceptions. 

1 TITLE I—ACCESS TO EARNED 

2 ADJUSTMENT AND MANDA3 TORY DEPARTURE AND RE4 ENTRY 

5 SEC. 101. ADJUSTMENT OF STATUS. 

6 (a) IN GENERAL.—Chapter 5 of title II of the Immi7 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 

8 amended by inserting after section 245A the following: 

9 ‘‘ACCESS TO EARNED ADJUSTMENT

10 ‘‘SEC. 245B. (a) ADJUSTMENT OF STATUS.— 

11 ‘‘(1) PRINCIPAL ALIENS.—Notwithstanding any 

12 other provision of law, the Secretary of Homeland 

13 Security shall adjust to the status of an alien law14 fully admitted for permanent residence, an alien who 

15 satisfies the following requirements: 

16 ‘‘(A) APPLICATION.—The alien shall file 

17 an application establishing eligibility for adjust18 ment of status and pay the fine required under 

19 subsection (m) and any additional amounts 

20 owed under that subsection. 

21 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 
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1 ‘‘(i) IN GENERAL.—The alien shall es2 tablish that the alien— 

3 ‘‘(I) was physically present in the 

4 United States on or before the date 

5 that is 5 years before the date of in6 troduction of the Immigrant Account7 ability Act of 2005; 

8 ‘‘(II) was not legally present in 

9 the United States on such date of in10 troduction; and 

11 ‘‘(III) did not depart from the 

12 United States during the 5-year pe13 riod ending on such date of introduc14 tion, except for brief, casual, and in15 nocent departures. 

16 ‘‘(ii) LEGALLY PRESENT.—For pur17 poses of this subparagraph, an alien who 

18 has violated any conditions of his or her 

19 visa shall be considered not to be legally 

20 present in the United States. 

21 ‘‘(C) ADMISSIBLE UNDER IMMIGRATION

22 LAWS.—The alien shall establish that the alien 

23 is not inadmissible under section 212(a) except 

24 for any provision of that section that is waived 

25 under subsection (b) of this section. 
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1 ‘‘(D) EMPLOYMENT IN UNITED STATES.— 

2 ‘‘(i) IN GENERAL.—The alien shall 

3 have been employed in the United States, 

4 in the aggregate, for— 

5 ‘‘(I) at least 3 years during the 

6 5-year period ending on the date of 

7 introduction of the Immigrant Ac8 countability Act of 2005; and 

9 ‘‘(II) at least 6 years after the 

10 date of enactment of such Act. 

11 ‘‘(ii) EXCEPTIONS.— 

12 ‘‘(I) The employment require13 ment in clause (i)(I) shall not apply to 

14 an individual who is under 20 years of 

15 age on the date of enactment of the 

16 Immigrant Accountability Act of 

17 2005. 

18 ‘‘(II) The employment require19 ment in clause (i)(II) shall be reduced 

20 for an individual who cannot dem21 onstrate employment based on a phys22 ical or mental disability or as a result 

23 of pregnancy. 

24 ‘‘(III) The employment require25 ment in clause (i)(II) shall be reduced 
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1 for an individual who is under 20 

2 years of age on the date of enactment 

3 of the Immigrant Accountability Act 

4 of 2005 by a period of time equal to 

5 the time period beginning on such 

6 date of enactment and ending on the 

7 date on which the individual reaches 

8 20 years of age. 

9 ‘‘(IV) The employment require10 ments in clause (i) shall be reduced by 

11 1 year for each year of full time post12 secondary study in the United States 

13 during the relevant period. 

14 ‘‘(iii) PORTABILITY.—An alien shall 

15 not be required to complete the employ16 ment requirements in clause (i) with the 

17 same employer. 

18 ‘‘(iv) EVIDENCE OF EMPLOYMENT.— 

19 ‘‘(I) CONCLUSIVE DOCUMENTS.— 

20 For purposes of satisfying the require21 ments in clause (i), the alien shall 

22 submit at least 2 of the following doc23 uments for each period of employ24 ment, which shall be considered con25 clusive evidence of such employment: 
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1 ‘‘(aa) Records maintained by 

2 the Social Security Administra3 tion. 

4 ‘‘(bb) Records maintained by 

5 an employer, such as pay stubs, 

6 time sheets, or employment work 

7 verification. 

8 ‘‘(cc) Records maintained by 

9 the Internal Revenue Service. 

10 ‘‘(dd) Records maintained 

11 by a union or day labor center. 

12 ‘‘(ee) Records maintained by 

13 any other government agency, 

14 such as worker compensation 

15 records, disability records, or 

16 business licensing records. 

17 ‘‘(II) OTHER DOCUMENTS.— 

18 Aliens unable to submit documents 

19 described in subclause (I) shall submit 

20 at least 3 other types of reliable docu21 ments, including sworn declarations, 

22 for each period of employment to sat23 isfy the requirement in clause (i). 

24 ‘‘(III) INTENT OF CONGRESS.—It 

25 is the intent of Congress that the re-
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1 quirement in clause (i) be interpreted 

2 and implemented in a manner that 

3 recognizes and takes into account the 

4 difficulties encountered by aliens in 

5 obtaining evidence of employment due 

6 to the undocumented status of the 

7 alien. 

8 ‘‘(v) BURDEN OF PROOF.—An alien 

9 applying for adjustment of status under 

10 this subsection has the burden of proving 

11 by a preponderance of the evidence that 

12 the alien has satisfied the employment re13 quirements in clause (i). An alien may sat14 isfy such burden of proof by producing suf15 ficient evidence to show the extent of that 

16 employment as a matter of just and rea17 sonable inference. Once the burden is met, 

18 the burden shall shift to the Secretary of 

19 Homeland Security to disprove the alien’s 

20 evidence with a showing which negates the 

21 reasonableness of the inference to be 

22 drawn from the evidence. 

23 ‘‘(E) PAYMENT OF INCOME TAXES.—Not 

24 later than the date on which status is adjusted 

25 under this subsection, the alien shall establish 
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1 the payment of all Federal and State income 

2 taxes owed for employment during the period of 

3 employment required under subparagraph 

4 (D)(i). The alien may satisfy such requirement 

5 by establishing that— 

6 ‘‘(i) no such tax liability exists; 

7 ‘‘(ii) all outstanding liabilities have 

8 been met; or 

9 ‘‘(iii) the alien has entered into an 

10 agreement for payment of all outstanding 

11 liabilities with the Internal Revenue Serv12 ice and with the department of revenue of 

13 each State to which taxes are owed. 

14 ‘‘(F) BASIC CITIZENSHIP SKILLS.— 

15 ‘‘(i) IN GENERAL.—Except as pro16 vided in clause (ii), the alien shall dem17 onstrate that the alien either— 

18 ‘‘(I) meets the requirements of 

19 section 312(a) (relating to minimal 

20 understanding of ordinary English 

21 and a knowledge and understanding 

22 of the history and Government of the 

23 United States); or 

24 ‘‘(II) is satisfactorily pursuing a 

25 course of study, recognized by the 
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1 Secretary of Homeland Security, to 

2 achieve such understanding of English 

3 and the history and Government of 

4 the United States. 

5 ‘‘(ii) EXCEPTIONS.— 

6 ‘‘(I) MANDATORY.—The require7 ments of clause (i) shall not apply to 

8 any person who is unable to comply 

9 with those requirements because of a 

10 physical or developmental disability or 

11 mental impairment. 

12 ‘‘(II) DISCRETIONARY.—The Sec13 retary of Homeland Security may 

14 waive all or part of the requirements 

15 of clause (i) in the case of an alien 

16 who is 65 years of age or older as of 

17 the date of the filing of the applica18 tion for adjustment of status. 

19 ‘‘(G) SECURITY AND LAW ENFORCEMENT

20 CLEARANCES.—The alien shall submit finger21 prints in accordance with procedures estab22 lished by the Secretary of Homeland Security. 

23 Such fingerprints shall be submitted to relevant 

24 Federal agencies to be checked against existing 

25 databases for information relating to criminal, 
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1 national security, or other law enforcement ac2 tions that would render the alien ineligible for 

3 adjustment of status under this subsection. The 

4 relevant Federal agencies shall work to ensure 

5 that such clearances are completed within 90 

6 days of the submission of fingerprints. An ap7 peal of a security clearance determination by 

8 the Secretary of Homeland Security shall be 

9 processed through the Department of Home10 land Security. 

11 ‘‘(H) MILITARY SELECTIVE SERVICE.—The 

12 alien shall establish that if the alien is within 

13 the age period required under the Military Se14 lective Service Act (50 U.S.C. App. 451 et seq.) 

15 that such alien has registered under that Act. 

16 ‘‘(I) ADJUSTMENT OF STATUS.—An alien 

17 may not adjust to an immigrant classification 

18 under this section until after the earlier of— 

19 ‘‘(i) the consideration of all applica20 tions filed under section 201, 202, or 203 

21 before the date of enactment of this sec22 tion; or 

23 ‘‘(ii) 8 years after the date of enact24 ment of this section. 

25 ‘‘(2) SPOUSES AND CHILDREN.— 
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1 ‘‘(A) IN GENERAL.— 

2 ‘‘(i) ADJUSTMENT OF STATUS.—Not3 withstanding any other provision of law, 

4 the Secretary of Homeland Security shall, 

5 if otherwise eligible under subparagraph 

6 (B), adjust the status to that of a lawful 

7 permanent resident for— 

8 ‘‘(I) the spouse, or child who was 

9 under 21 years of age on the date of 

10 enactment of the Immigrant Account11 ability Act of 2005, of an alien who 

12 adjusts status or is eligible to adjust 

13 status to that of a permanent resident 

14 under paragraph (1); or 

15 ‘‘(II) an alien who, within 5 

16 years preceding the date of enactment 

17 of the Immigrant Accountability Act 

18 of 2005, was the spouse or child of an 

19 alien who adjusts status to that of a 

20 permanent resident under paragraph 

21 (1), if— 

22 ‘‘(aa) the termination of the 

23 qualifying relationship was con24 nected to domestic violence; or 
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1 ‘‘(bb) the spouse or child 

2 has been battered or subjected to 

3 extreme cruelty by the spouse or 

4 parent who adjusts status or is 

5 eligible to adjust status to that of 

6 a permanent resident under para7 graph (1). 

8 ‘‘(ii) APPLICATION OF OTHER LAW.— 

9 In acting on applications filed under this 

10 paragraph with respect to aliens who have 

11 been battered or subjected to extreme cru12 elty, the Secretary of Homeland Security 

13 shall apply the provisions of section 

14 204(a)(1)(J) and the protections, prohibi15 tions, and penalties under section 384 of 

16 the Illegal Immigration Reform and Immi17 grant Responsibility Act of 1996 (8 U.S.C. 

18 1367). 

19 ‘‘(B) GROUNDS OF INADMISSIBILITY NOT

20 APPLICABLE.—In establishing admissibility to 

21 the United States, the spouse or child described 

22 in subparagraph (A) shall establish that they 

23 are not inadmissible under section 212(a), ex24 cept for any provision of that section that is 

25 waived under subsection (b) of this section. 
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1 ‘‘(C) SECURITY AND LAW ENFORCEMENT

2 CLEARANCE.—The spouse or child, if that child 

3 is 14 years of age or older, described in sub4 paragraph (A) shall submit fingerprints in ac5 cordance with procedures established by the 

6 Secretary of Homeland Security. Such finger7 prints shall be submitted to relevant Federal 

8 agencies to be checked against existing data9 bases for information relating to criminal, na10 tional security, or other law enforcement actions 

11 that would render the alien ineligible for adjust12 ment of status under this subsection. The rel13 evant Federal agencies shall work to ensure 

14 that such clearances are completed within 90 

15 days of the submission of fingerprints. An ap16 peal of a denial by the Secretary of Homeland 

17 Security shall be processed through the Depart18 ment of Homeland Security. 

19 ‘‘(3) NONAPPLICABILITY OF NUMERICAL LIMI20 TATIONS.—When an alien is granted lawful perma21 nent resident status under this subsection, the num22 ber of immigrant visas authorized to be issued under 

23 any provision of this Act shall not be reduced. 

24 ‘‘(b) GROUNDS OF INADMISSIBILITY.— 
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1 ‘‘(1) APPLICABLE PROVISIONS.—In the deter2 mination of an alien’s admissibility under para3 graphs (1)(C) and (2) of subsection (a), the fol4 lowing provisions of section 212(a) shall apply and 

5 may not be waived by the Secretary of Homeland 

6 Security under paragraph (3)(A): 

7 ‘‘(A) Paragraph (1) (relating to health). 

8 ‘‘(B) Paragraph (2) (relating to criminals). 

9 ‘‘(C) Paragraph (3) (relating to security 

10 and related grounds). 

11 ‘‘(D) Subparagraphs (A) and (C) of para12 graph (10) (relating to polygamists and child 

13 abductors). 

14 ‘‘(2) GROUNDS OF INADMISSIBILITY NOT APPLI15 CABLE.—The provisions of paragraphs (5), (6)(A), 

16 (6)(B), (6)(C), (6)(F), (6)(G), (7), (9), and (10)(B) 

17 of section 212(a) shall not apply to an alien who is 

18 applying for adjustment of status under subsection 

19 (a). 

20 ‘‘(3) WAIVER OF OTHER GROUNDS.— 

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 paragraph (1), the Secretary of Homeland Se23 curity may waive any provision of section 

24 212(a) in the case of individual aliens for hu-
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1 manitarian purposes, to ensure family unity, or 

2 when it is otherwise in the public interest. 

3 ‘‘(B) CONSTRUCTION.—Nothing in this 

4 paragraph shall be construed as affecting the 

5 authority of the Secretary of Homeland Secu6 rity, other than under this subparagraph, to 

7 waive the provisions of section 212(a). 

8 ‘‘(4) SPECIAL RULE FOR DETERMINATION OF

9 PUBLIC CHARGE.—An alien is not ineligible for ad10 justment of status under subsection (a) by reason of 

11 a ground of inadmissibility under section 212(a)(4) 

12 if the alien establishes a history of employment in 

13 the United States evidencing self-support without 

14 public cash assistance. 

15 ‘‘(5) SPECIAL RULE FOR INDIVIDUALS WHERE

16 THERE IS NO COMMERCIAL PURPOSE.—An alien is 

17 not ineligible for adjustment of status under sub18 section (a) by reason of a ground of inadmissibility 

19 under section 212(a)(6)(E) if the alien establishes 

20 that the action referred to in that section was taken 

21 for humanitarian purposes, to ensure family unity, 

22 or was otherwise in the public interest. 

23 ‘‘(6) APPLICABILITY OF OTHER PROVISIONS.— 

24 Section 241(a)(5) and section 240B(d) shall not 
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1 apply with respect to an alien who is applying for 

2 adjustment of status under subsection (a). 

3 ‘‘(c) TREATMENT OF APPLICANTS.— 

4 ‘‘(1) IN GENERAL.—An alien who files an appli5 cation under subsection (a)(1)(A) for adjustment of 

6 status, including a spouse or child who files for ad7 justment of status under subsection (b)— 

8 ‘‘(A) shall be granted employment author9 ization pending final adjudication of the alien’s 

10 application for adjustment of status; 

11 ‘‘(B) shall be granted permission to travel 

12 abroad pursuant to regulation pending final ad13 judication of the alien’s application for adjust14 ment of status; 

15 ‘‘(C) shall not be detained, determined in16 admissible or deportable, or removed pending 

17 final adjudication of the alien’s application for 

18 adjustment of status, unless the alien commits 

19 an act which renders the alien ineligible for 

20 such adjustment of status; and 

21 ‘‘(D) shall not be considered an unauthor22 ized alien as defined in section 274A(h)(3) until 

23 such time as employment authorization under 

24 subparagraph (A) is denied. 
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1 ‘‘(2) DOCUMENT OF AUTHORIZATION.—The 

2 Secretary of Homeland Security shall provide each 

3 alien described in paragraph (1) with a counterfeit4 resistant document of authorization that— 

5 ‘‘(A) meets all current requirements estab6 lished by the Secretary of Homeland Security 

7 for travel documents, including the require8 ments under section 403 of the Illegal Immigra9 tion Reform and Immigrant Responsibility Act 

10 of 1996 (8 U.S.C. 1324a note); and 

11 ‘‘(B) reflects the benefits and status set 

12 forth in paragraph (1). 

13 ‘‘(3) SECURITY AND LAW ENFORCEMENT

14 CLEARANCE.—Before an alien is granted employ15 ment authorization or permission to travel under 

16 paragraph (1), the alien shall be required to undergo 

17 a name check against existing databases for infor18 mation relating to criminal, national security, or 

19 other law enforcement actions. The relevant Federal 

20 agencies shall work to ensure that such name checks 

21 are completed not later than 90 days after the date 

22 on which the name check is requested. 

23 ‘‘(4) TERMINATION OF PROCEEDINGS.—An 

24 alien in removal proceedings who establishes prima 

25 facie eligibility for adjustment of status under sub-
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1 section (a) shall be entitled to termination of the 

2 proceedings pending the outcome of the alien’s appli3 cation, unless the removal proceedings are based on 

4 criminal or national security grounds. 

5 ‘‘(d) APPREHENSION BEFORE APPLICATION PE6 RIOD.—The Secretary of Homeland Security shall provide 

7 that in the case of an alien who is apprehended before 

8 the beginning of the application period described in sub9 section (a) and who can establish prima facie eligibility 

10 to have the alien’s status adjusted under that subsection 

11 (but for the fact that the alien may not apply for such 

12 adjustment until the beginning of such period), until the 

13 alien has had the opportunity during the first 180 days 

14 of the application period to complete the filing of an appli15 cation for adjustment, the alien may not be removed from 

16 the United States unless the alien is removed on the basis 

17 that the alien has engaged in criminal conduct or is a 

18 threat to the national security of the United States. 

19 ‘‘(e) CONFIDENTIALITY OF INFORMATION.— 

20 ‘‘(1) IN GENERAL.—Except as otherwise pro21 vided in this section, no Federal agency or bureau, 

22 nor any officer or employee of such agency or bu23 reau, may— 

24 ‘‘(A) use the information furnished by the 

25 applicant pursuant to an application filed under 
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1 paragraph (1) or (2) of subsection (a) for any 

2 purpose other than to make a determination on 

3 the application; 

4 ‘‘(B) make any publication through which 

5 the information furnished by any particular ap6 plicant can be identified; or 

7 ‘‘(C) permit anyone other than the sworn 

8 officers and employees of such agency, bureau, 

9 or approved entity, as approved by the Sec10 retary of Homeland Security, to examine indi11 vidual applications that have been filed. 

12 ‘‘(2) REQUIRED DISCLOSURES.—The Secretary 

13 of Homeland Security and the Secretary of State 

14 shall provide the information furnished pursuant to 

15 an application filed under paragraph (1) or (2) of 

16 subsection (a), and any other information derived 

17 from such furnished information, to a duly recog18 nized law enforcement entity in connection with a 

19 criminal investigation or prosecution or a national 

20 security investigation or prosecution, in each in21 stance about an individual suspect or group of sus22 pects, when such information is requested in writing 

23 by such entity. 

24 ‘‘(3) CRIMINAL PENALTY.—Any person who 

25 knowingly uses, publishes, or permits information to 
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1 be examined in violation of this subsection shall be 

2 fined not more than $10,000. 

3 ‘‘(f) PENALTIES FOR FALSE STATEMENTS IN APPLI4 CATIONS.— 

5 ‘‘(1) CRIMINAL PENALTY.— 

6 ‘‘(A) VIOLATION.—It shall be unlawful for 

7 any person to— 

8 ‘‘(i) file or assist in filing an applica9 tion for adjustment of status under this 

10 section and knowingly and willfully falsify, 

11 conceal, or cover up a material fact or 

12 make any false, fictitious, or fraudulent 

13 statements or representations, or make or 

14 use any false writing or document knowing 

15 the same to contain any false, fictitious, or 

16 fraudulent statement or entry; or 

17 ‘‘(ii) create or supply a false writing 

18 or document for use in making such an ap19 plication. 

20 ‘‘(B) PENALTY.—Any person who violates 

21 subparagraph (A) shall be fined in accordance 

22 with title 18, United States Code, or imprisoned 

23 not more than 5 years, or both. 
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1 ‘‘(2) INADMISSIBILITY.—An alien who is con2 victed of a crime under paragraph (1) shall be con3 sidered to be inadmissible to the United States. 

4 ‘‘(3) EXCEPTION.—Notwithstanding paragraphs 

5 (1) and (2), any alien or other entity (including an 

6 employer or union) that submits an employment 

7 record that contains incorrect data that the alien 

8 used in order to obtain such employment, shall not 

9 have violated this subsection. 

10 ‘‘(g) INELIGIBILITY FOR PUBLIC BENEFITS.—For 

11 purposes of section 403 of the Personal Responsibility and 

12 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

13 1613), an alien whose status has been adjusted in accord14 ance with subsection (a) shall not be eligible for any Fed15 eral means-tested public benefit unless the alien meets the 

16 alien eligibility criteria for such benefit under title IV of 

17 such Act (8 U.S.C. 1601 et seq.). 

18 ‘‘(h) RELATIONSHIPS OF APPLICATION TO CERTAIN

19 ORDERS.— 

20 ‘‘(1) IN GENERAL.—An alien who is present in 

21 the United States and has been ordered excluded, 

22 deported, removed, or to depart voluntarily from the 

23 United States or is subject to reinstatement of re24 moval under any provision of this Act may, notwith25 standing such order, apply for adjustment of status 
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1 under subsection (a). Such an alien shall not be re2 quired, as a condition of submitting or granting such 

3 application, to file a separate motion to reopen, re4 consider, or vacate the exclusion, deportation, re5 moval or voluntary departure order. If the Secretary 

6 of Homeland Security grants the application, the 

7 order shall be canceled. If the Secretary of Home8 land Security renders a final administrative decision 

9 to deny the application, such order shall be effective 

10 and enforceable. Nothing in this paragraph shall af11 fect the review or stay of removal under subsection 

12 (j). 

13 ‘‘(2) STAY OF REMOVAL.—The filing of an ap14 plication described in paragraph (1) shall stay the 

15 removal or detainment of the alien pending final ad16 judication of the application, unless the removal or 

17 detainment of the alien is based on criminal or na18 tional security grounds. 

19 ‘‘(i) APPLICATION OF OTHER PROVISIONS.—Nothing 

20 in this section shall preclude an alien who may be eligible 

21 to be granted adjustment of status under subsection (a) 

22 from seeking such status under any other provision of law 

23 for which the alien may be eligible. 

24 ‘‘(j) ADMINISTRATIVE AND JUDICIAL REVIEW.— 
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1 ‘‘(1) IN GENERAL.—Except as provided in this 

2 subsection, there shall be no administrative or judi3 cial review of a determination respecting an applica4 tion for adjustment of status under subsection (a). 

5 ‘‘(2) ADMINISTRATIVE REVIEW.— 

6 ‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE

7 APPELLATE REVIEW.—The Secretary of Home8 land Security shall establish an appellate au9 thority to provide for a single level of adminis10 trative appellate review of a determination re11 specting an application for adjustment of status 

12 under subsection (a). 

13 ‘‘(B) STANDARD FOR REVIEW.—Adminis14 trative appellate review referred to in subpara15 graph (A) shall be based solely upon the admin16 istrative record established at the time of the 

17 determination on the application and upon the 

18 presentation of additional or newly discovered 

19 evidence during the time of the pending appeal. 

20 ‘‘(3) JUDICIAL REVIEW.— 

21 ‘‘(A) DIRECT REVIEW.—A person whose 

22 application for adjustment of status under sub23 section (a) is denied after administrative appel24 late review under paragraph (2) may seek re25 view of such denial, in accordance with chapter 
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1 7 of title 5, United States Code, before the 

2 United States district court for the district in 

3 which the person resides. 

4 ‘‘(B) REVIEW AFTER REMOVAL PRO5 CEEDINGS.—There shall be judicial review in 

6 the Federal courts of appeal of the denial of an 

7 application for adjustment of status under sub8 section (a) in conjunction with judicial review of 

9 an order of removal, deportation, or exclusion, 

10 but only if the validity of the denial has not 

11 been upheld in a prior judicial proceeding under 

12 subparagraph (A). Notwithstanding any other 

13 provision of law, the standard for review of 

14 such a denial shall be governed by subpara15 graph (C). 

16 ‘‘(C) STANDARD FOR JUDICIAL REVIEW.— 

17 Judicial review of a denial of an application 

18 under this section shall be based solely upon the 

19 administrative record established at the time of 

20 the review. The findings of fact and other de21 terminations contained in the record shall be 

22 conclusive unless the applicant can establish 

23 abuse of discretion or that the findings are di24 rectly contrary to clear and convincing facts 

25 contained in the record, considered as a whole. 
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1 ‘‘(4) STAY OF REMOVAL.—Aliens seeking ad2 ministrative or judicial review under this subsection 

3 shall not be removed from the United States until a 

4 final decision is rendered establishing ineligibility 

5 under this section, unless such removal is based on 

6 criminal or national security grounds. 

7 ‘‘(k) DISSEMINATION OF INFORMATION ON ADJUST8 MENT PROGRAM.—During the 12 months following the 

9 issuance of final regulations in accordance with subsection 

10 (o), the Secretary of Homeland Security, in cooperation 

11 with approved entities, approved by the Secretary of 

12 Homeland Security, shall broadly disseminate information 

13 respecting adjustment of status under this section and the 

14 requirements to be satisfied to obtain such status. The 

15 Secretary of Homeland Security shall also disseminate in16 formation to employers and labor unions to advise them 

17 of the rights and protections available to them and to 

18 workers who file applications under this section. Such in19 formation shall be broadly disseminated, in the languages 

20 spoken by the top 15 source countries of the aliens who 

21 would qualify for adjustment of status under this section, 

22 including to television, radio, and print media such aliens 

23 would have access to. 

24 ‘‘(l) EMPLOYER PROTECTIONS.— 
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1 ‘‘(1) IMMIGRATION STATUS OF ALIEN.—Em2 ployers of aliens applying for adjustment of status 

3 under this section shall not be subject to civil and 

4 criminal tax liability relating directly to the employ5 ment of such alien. 

6 ‘‘(2) PROVISION OF EMPLOYMENT RECORDS.— 

7 Employers that provide unauthorized aliens with 

8 copies of employment records or other evidence of 

9 employment pursuant to an application for adjust10 ment of status under this section or any other appli11 cation or petition pursuant to other provisions of the 

12 immigration laws, shall not be subject to civil and 

13 criminal liability pursuant to section 274A for em14 ploying such unauthorized aliens. 

15 ‘‘(3) APPLICABILITY OF OTHER LAW.—Nothing 

16 in this subsection shall be used to shield an employer 

17 from liability pursuant to section 274B or any other 

18 labor and employment law provisions. 

19 ‘‘(m) AUTHORIZATION OF FUNDS; FINES.— 

20 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated to the De22 partment of Homeland Security such sums as are 

23 necessary to commence the processing of applica24 tions filed under this section. 
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1 ‘‘(2) FINE.—An alien who files an application 

2 under this section shall pay a fine commensurate 

3 with levels charged by the Department of Homeland 

4 Security for other applications for adjustment of sta5 tus. 

6 ‘‘(3) ADDITIONAL AMOUNTS OWED.—Prior to 

7 the adjudication of an application for adjustment of 

8 status filed under this section, the alien shall pay an 

9 amount equaling $2,000, but such amount shall not 

10 be required from an alien under the age of 18. 

11 ‘‘(4) USE OF AMOUNTS COLLECTED.—The Sec12 retary of Homeland Security shall deposit payments 

13 received under this subsection in the Immigration 

14 Examinations Fee Account, and these payments in 

15 such account shall be available, without fiscal year 

16 limitation, such that— 

17 ‘‘(A) 80 percent of such funds shall be 

18 available to the Department of Homeland Secu19 rity for border security purposes; 

20 ‘‘(B) 10 percent of such funds shall be 

21 available to the Department of Homeland Secu22 rity for implementing and processing applica23 tions under this section; and 

24 ‘‘(C) 10 percent of such funds shall be 

25 available to the Department of Homeland Secu-
28 

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1 rity and the Department of State to cover ad2 ministrative and other expenses incurred in con3 nection with the review of applications filed by 

4 immediate relatives as a result of the amend5 ments made by title II of the Immigrant Ac6 countability Act of 2005. 

7 ‘‘(n) MANDATORY DEPARTURE AND REENTRY.—Any 

8 alien who is physically present in the United States on 

9 the date of introduction of the Immigrant Accountability 

10 Act of 2005 who seeks to adjust status under this section 

11 but does not satisfy the requirements of subparagraph (B) 

12 or (D) of subsection (a)(1) shall be eligible to depart the 

13 United States and to seek admission as a nonimmigrant 

14 or immigrant alien as described in section 245C. 

15 ‘‘(o) ISSUANCE OF REGULATIONS.—Not later than 

16 120 days after the date of enactment of the Immigrant 

17 Accountability Act of 2005, the Secretary of Homeland 

18 Security shall issue regulations to implement this sec19 tion.’’. 

20 (b) TABLE OF CONTENTS.—The table of contents for 

21 the Immigration and Nationality Act (8 U.S.C. 1101 et 

22 seq.) is amended by inserting after the item relating to 

23 section 245A the following: 

‘‘245B. Access to Earned Adjustment.’’. 
29 

•S 1919 IS

1 SEC. 102. MANDATORY DEPARTURE AND REENTRY. 

2 (a) IN GENERAL.—Chapter 5 of title II of the Immi3 gration and Nationality Act (8 U.S.C. 1255 et seq.), as 

4 amended by section 101(a), is further amended by insert5 ing after section 245B the following: ‘‘ 

6 ‘‘MANDATORY DEPARTURE AND REENTRY

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

8 Homeland Security may grant Deferred Mandatory De9 parture status to aliens who are in the United States ille10 gally to allow such aliens time to depart the United States 

11 and to seek admission as a nonimmigrant or immigrant 

12 alien. 

13 ‘‘(b) REQUIREMENTS.—An alien desiring an adjust14 ment of status under subsection (a) shall meet the fol15 lowing requirements: 

16 ‘‘(1) PRESENCE.—The alien shall establish that 

17 the alien— 

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

19 States on the date of introduction of the Immi20 grant Accountability Act of 2005; 

21 ‘‘(B) has been continuously in the United 

22 States since such date, except for brief, casual, 

23 and innocent departures; and 

24 ‘‘(C) was not legally present in the United 

25 States on that date under any classification set 

26 forth in section 101(a)(15). 
30 

•S 1919 IS

1 ‘‘(2) EMPLOYMENT.— 

2 ‘‘(A) IN GENERAL.—The alien shall estab3 lish that the alien— 

4 ‘‘(i) was employed in the United 

5 States, whether full time, part time, sea6 sonally, or self-employed, before the date 

7 on which the Secure America and Orderly 

8 Immigration Act was introduced; and 

9 ‘‘(ii) has been employed in the United 

10 States since that date. 

11 ‘‘(B) EVIDENCE OF EMPLOYMENT.— 

12 ‘‘(i) IN GENERAL.—An alien may con13 clusively establish employment status in 

14 compliance with subparagraph (A) by sub15 mitting to the Secretary of Homeland Se16 curity records demonstrating such employ17 ment maintained by— 

18 ‘‘(I) the Social Security Adminis19 tration, Internal Revenue Service, or 

20 by any other Federal, State, or local 

21 government agency; 

22 ‘‘(II) an employer; or 

23 ‘‘(III) a labor union, day labor 

24 center, or an organization that assists 
31 

•S 1919 IS

1 workers in matters related to employ2 ment. 

3 ‘‘(ii) OTHER DOCUMENTS.—An alien 

4 who is unable to submit a document de5 scribed in subclauses (I) through (III) of 

6 clause (i) may satisfy the requirement in 

7 subparagraph (A) by submitting to the 

8 Secretary at least 2 other types of reliable 

9 documents that provide evidence of em10 ployment, including— 

11 ‘‘(I) bank records; 

12 ‘‘(II) business records; 

13 ‘‘(III) sworn affidavits from non14 relatives who have direct knowledge of 

15 the alien’s work; or 

16 ‘‘(IV) remittance records. 

17 ‘‘(iii) INTENT OF CONGRESS.—It is 

18 the intent of Congress that the require19 ment in this subsection be interpreted and 

20 implemented in a manner that recognizes 

21 and takes into account the difficulties en22 countered by aliens in obtaining evidence 

23 of employment due to the undocumented 

24 status of the alien. 
32 

•S 1919 IS

1 ‘‘(iv) BURDEN OF PROOF.—An alien 

2 who is applying for adjustment of status 

3 under this section has the burden of prov4 ing by a preponderance of the evidence 

5 that the alien has satisfied the require6 ments of this subsection. An alien may 

7 meet such burden of proof by producing 

8 sufficient evidence to demonstrate such 

9 employment as a matter of reasonable in10 ference. 

11 ‘‘(3) ADMISSIBILITY.— 

12 ‘‘(A) IN GENERAL.—The alien shall estab13 lish that such alien— 

14 ‘‘(i) is admissible to the United 

15 States, except as provided as in (B); and 

16 ‘‘(ii) has not assisted in the persecu17 tion of any person or persons on account 

18 of race, religion, nationality, membership 

19 in a particular social group, or political 

20 opinion. 

21 ‘‘(B) GROUNDS NOT APPLICABLE.—The 

22 provisions of paragraphs (5), (6)(A), and (7) of 

23 section 212(a) shall not apply. 

24 ‘‘(C) WAIVER.—The Secretary of Home25 land Security may waive any other provision of 
33 

•S 1919 IS

1 section 212(a), or a ground of ineligibility 

2 under paragraph (4), in the case of individual 

3 aliens for humanitarian purposes, to assure 

4 family unity, or when it is otherwise in the pub5 lic interest. 

6 ‘‘(4) INELIGIBLE.—The alien is ineligible for 

7 Deferred Mandatory Departure status if the alien— 

8 ‘‘(A) has been ordered excluded, deported, 

9 removed, or to depart voluntarily from the 

10 United States; or 

11 ‘‘(B) fails to comply with any request for 

12 information by the Secretary of Homeland Se13 curity. 

14 ‘‘(5) MEDICAL EXAMINATION.—The alien may 

15 be required, at the alien’s expense, to undergo such 

16 a medical examination (including a determination of 

17 immunization status) as is appropriate and conforms 

18 to generally accepted professional standards of med19 ical practice. 

20 ‘‘(6) TERMINATION.—The Secretary of Home21 land Security may terminate an alien’s Deferred 

22 Mandatory Departure status if— 

23 ‘‘(A) the Secretary of Homeland Security 

24 determines that the alien was not in fact eligi25 ble for such status; or 
34 

•S 1919 IS

1 ‘‘(B) the alien commits an act that makes 

2 the alien removable from the United States. 

3 ‘‘(7) APPLICATION CONTENT AND WAIVER.— 

4 ‘‘(A) APPLICATION FORM.—The Secretary 

5 of Homeland Security shall create an applica6 tion form that an alien shall be required to 

7 complete as a condition of obtaining Deferred 

8 Mandatory Departure status. 

9 ‘‘(B) CONTENT.—In addition to any other 

10 information that the Secretary requires to de11 termine an alien’s eligibility for Deferred Man12 datory Departure, the Secretary shall require 

13 an alien to answer questions concerning the 

14 alien’s physical and mental health, criminal his15 tory, gang membership, renunciation of gang 

16 affiliation, immigration history, involvement 

17 with groups or individuals that have engaged in 

18 terrorism, genocide, persecution, or who seek 

19 the overthrow of the United States Government, 

20 voter registration history, claims to United 

21 States citizenship, and tax history. 

22 ‘‘(C) WAIVER.—The Secretary of Home23 land Security shall require an alien to include 

24 with the application a waiver of rights that ex25 plains to the alien that, in exchange for the dis-
35 

•S 1919 IS

1 cretionary benefit of obtaining Deferred Manda2 tory Departure status, the alien agrees to waive 

3 any right to administrative or judicial review or 

4 appeal of an immigration officer’s determina5 tion as to the alien’s eligibility, or to contest 

6 any removal action, other than on the basis of 

7 an application for asylum or restriction of re8 moval pursuant to the provisions contained in 

9 section 208 or 241(b)(3), or under the Conven10 tion Against Torture and Other Cruel, Inhuman 

11 or Degrading Treatment or Punishment, done 

12 at New York December 10, 1984, or cancella13 tion of removal pursuant to section 240A(a). 

14 ‘‘(D) KNOWLEDGE.—The Secretary of 

15 Homeland Security shall require an alien to in16 clude with the application a signed certification 

17 in which the alien certifies that the alien has 

18 read and understood all of the questions and 

19 statements on the application form, and that 

20 the alien certifies under penalty of perjury 

21 under the laws of the United States that the 

22 application, and any evidence submitted with it, 

23 are all true and correct, and that the applicant 

24 authorizes the release of any information con-
36 

•S 1919 IS

1 tained in the application and any attached evi2 dence for law enforcement purposes. 

3 ‘‘(c) IMPLEMENTATION AND APPLICATION TIME PE4 RIODS.— 

5 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

6 Security shall ensure that the application process is 

7 secure and incorporates antifraud protection. The 

8 Secretary of Homeland Security shall interview an 

9 alien to determine eligibility for Deferred Mandatory 

10 Departure status and shall utilize biometric authen11 tication at time of document issuance. 

12 ‘‘(2) INITIAL RECEIPT OF APPLICATIONS.—The 

13 Secretary of Homeland Security shall begin accept14 ing applications for Deferred Mandatory Departure 

15 status not later than 3 months after the date on 

16 which the application form is first made available. 

17 ‘‘(3) APPLICATION.—An alien must submit an 

18 initial application for Deferred Mandatory Depar19 ture status not later than 6 months after the date 

20 on which the application form is first made avail21 able. An alien that fails to comply with this require22 ment is ineligible for Deferred Mandatory Departure 

23 status. 

24 ‘‘(4) COMPLETION OF PROCESSING.—The Sec25 retary of Homeland Security shall ensure that all 
37 

•S 1919 IS

1 applications for Deferred Mandatory Departure sta2 tus are processed not later than 12 months after the 

3 date on which the application form is first made 

4 available. 

5 ‘‘(d) SECURITY AND LAW ENFORCEMENT BACK6 GROUND CHECKS.—An alien may not be granted Deferred 

7 Mandatory Departure status unless the alien submits bio8 metric data in accordance with procedures established by 

9 the Secretary of Homeland Security. The Secretary of 

10 Homeland Security may not grant Deferred Mandatory 

11 Departure status until all appropriate background checks 

12 are completed to the satisfaction of the Secretary of 

13 Homeland Security. 

14 ‘‘(e) ACKNOWLEDGMENT.— 

15 ‘‘(1) IN GENERAL.—An alien who applies for 

16 Deferred Mandatory Departure status shall submit 

17 to the Secretary of Homeland Security— 

18 ‘‘(A) an acknowledgment made in writing 

19 and under oath that the alien— 

20 ‘‘(i) is unlawfully present in the 

21 United States and subject to removal or 

22 deportation, as appropriate, under this 

23 Act; and 

24 ‘‘(ii) understands the terms of the 

25 terms of Deferred Mandatory Departure; 
38 

•S 1919 IS

1 ‘‘(B) any Social Security account number 

2 or card in the possession of the alien or relied 

3 upon by the alien; 

4 ‘‘(C) any false or fraudulent documents in 

5 the alien’s possession. 

6 ‘‘(2) USE OF INFORMATION.—None of the doc7 uments or other information provided in accordance 

8 with paragraph (1) may be used in a criminal pro9 ceeding against the alien providing such documents 

10 or information. 

11 ‘‘(f) MANDATORY DEPARTURE.— 

12 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

13 Security shall grant Deferred Mandatory Departure 

14 status to an alien who meets the requirements of 

15 this section for a period not to exceed 3 years. 

16 ‘‘(2) REGISTRATION AT TIME OF DEPAR17 TURE.—An alien granted Deferred Mandatory De18 parture shall— 

19 ‘‘(A) depart from the United States before 

20 the expiration of the period of Deferred Manda21 tory Departure status; 

22 ‘‘(B) register with the Secretary of Home23 land Security at the time of departure; and 
39 

•S 1919 IS

1 ‘‘(C) surrender any evidence of Deferred 

2 Mandatory Departure status at the time of de3 parture. 

4 ‘‘(3) APPLICATION FOR READMISSION.—An 

5 alien under this section may apply for admission to 

6 the United States as an immigrant or nonimmigrant 

7 while in the United States or from any location out8 side of the United States, but may not be granted 

9 admission until the alien has departed from the 

10 United States in accordance with paragraph (2). 

11 ‘‘(4) EFFECT OF READMISSION ON SPOUSE OR

12 CHILD.—The spouse or child of an alien granted De13 ferred Mandatory Departure and subsequently 

14 granted an immigrant or nonimmigrant visa before 

15 departing the United States shall be— 

16 ‘‘(A) deemed to have departed under this 

17 section upon the successful admission of the 

18 principal alien; and 

19 ‘‘(B) eligible for the derivative benefits as20 sociated with the immigrant or nonimmigrant 

21 visa granted to the principal alien without re22 gard to numerical caps related to such visas. 

23 ‘‘(5) WAIVERS.—The Secretary of Homeland 

24 Security may waive the departure requirement under 

25 this subsection if the alien— 
40 

•S 1919 IS

1 ‘‘(A) is granted an immigrant or non2 immigrant visa; and 

3 ‘‘(B) can demonstrate that the departure 

4 of the alien would create a substantial hardship 

5 on the alien or an immediate family member of 

6 the alien. 

7 ‘‘(6) RETURN IN LEGAL STATUS.—An alien who 

8 complies with the terms of Deferred Mandatory De9 parture status and who departs before the expiration 

10 of such status— 

11 ‘‘(A) shall not be subject to section 

12 212(a)(9)(B); and 

13 ‘‘(B) if otherwise eligible, may immediately 

14 seek admission as a nonimmigrant or immi15 grant. 

16 ‘‘(7) FAILURE TO DEPART.—An alien who fails 

17 to depart the United States prior to the expiration 

18 of Mandatory Deferred Departure status is not eligi19 ble and may not apply for or receive any immigra20 tion relief or benefit under this Act or any other law 

21 for a period of 10 years, with the exception of sec22 tion 208 or 241(b)(3) or the Convention Against 

23 Torture and Other Cruel, Inhuman or Degrading 

24 Treatment or Punishment, done at New York De25 cember 10, 1984, in the case of an alien who indi-
41 

•S 1919 IS

1 cates either an intention to apply for asylum under 

2 section 208 or a fear of persecution or torture. 

3 ‘‘(8) PENALTIES FOR DELAYED DEPARTURE.— 

4 An alien who fails to depart immediately shall be 

5 subject to— 

6 ‘‘(A) no fine if the alien departs not later 

7 than 1 year after the grant of Deferred Manda8 tory Departure; 

9 ‘‘(B) a fine of $2,000 if the alien does not 

10 depart within 2 years after the grant of De11 ferred Mandatory Departure; and 

12 ‘‘(C) a fine of $3,000 if the alien does not 

13 depart within 3 years after the grant of De14 ferred Mandatory Departure. 

15 ‘‘(g) EVIDENCE OF DEFERRED MANDATORY DEPAR16 TURE STATUS.—Evidence of Deferred Mandatory Depar17 ture status shall be machine-readable and tamper-resist18 ant, shall allow for biometric authentication, and shall 

19 comply with the requirements under section 403 of the 

20 Illegal Immigration Reform and Immigrant Responsibility 

21 Act of 1996 (8 U.S.C. 1324a note). The Secretary of 

22 Homeland Security is authorized to incorporate inte23 grated-circuit technology into the document. The Sec24 retary of Homeland Security shall consult with the Foren25 sic Document Laboratory in designing the document. The 
42 

•S 1919 IS

1 document may serve as a travel, entry, and work author2 ization document during the period of its validity. The 

3 document may be accepted by an employer as evidence of 

4 employment authorization and identity under section 

5 274A(b)(1)(B). 

6 ‘‘(h) TERMS OF STATUS.— 

7 ‘‘(1) REPORTING.—During the period of De8 ferred Mandatory Departure, an alien shall comply 

9 with all registration requirements under section 264. 

10 ‘‘(2) TRAVEL.— 

11 ‘‘(A) An alien granted Deferred Mandatory 

12 Departure is not subject to section 212(a)(9) 

13 for any unlawful presence that occurred prior to 

14 the Secretary of Homeland Security granting 

15 the alien Deferred Mandatory Departure status. 

16 ‘‘(B) Under regulations established by the 

17 Secretary of Homeland Security, an alien grant18 ed Deferred Mandatory Departure— 

19 ‘‘(i) may travel outside of the United 

20 States and may be readmitted if the period 

21 of Deferred Mandatory Departure status 

22 has not expired; and 

23 ‘‘(ii) must establish at the time of ap24 plication for admission that the alien is ad25 missible under section 212. 
43 

•S 1919 IS

1 ‘‘(C) EFFECT ON PERIOD OF AUTHORIZED

2 ADMISSION.—Time spent outside the United 

3 States under subparagraph (B) shall not extend 

4 the period of Deferred Mandatory Departure 

5 status. 

6 ‘‘(3) BENEFITS.—During the period in which 

7 an alien is granted Deferred Mandatory Departure 

8 under this section— 

9 ‘‘(A) the alien shall not be considered to be 

10 permanently residing in the United States 

11 under the color of law and shall be treated as 

12 a nonimmigrant admitted under section 214; 

13 and 

14 ‘‘(B) the alien may be deemed ineligible for 

15 public assistance by a State (as defined in sec16 tion 101(a)(36)) or any political subdivision 

17 thereof which furnishes such assistance. 

18 ‘‘(i) PROHIBITION ON CHANGE OF STATUS OR AD19 JUSTMENT OF STATUS.—Before leaving the United 

20 States, an alien granted Deferred Mandatory Departure 

21 status may not apply to change status under section 248. 

22 ‘‘(j) APPLICATION FEE.— 

23 ‘‘(1) IN GENERAL.—An alien seeking a grant of 

24 Deferred Mandatory Departure status shall submit, 
44 

•S 1919 IS

1 in addition to any other fees authorized by law, an 

2 application fee of $1,000. 

3 ‘‘(2) USE OF FEE.—The fees collected under 

4 paragraph (1) shall be available for use by the Sec5 retary of Homeland Security for activities to iden6 tify, locate, or remove illegal aliens. 

7 ‘‘(k) FAMILY MEMBERS.— 

8 ‘‘(1) IN GENERAL.—Subject subsection (f)(4), 

9 the spouse or child of an alien granted Deferred 

10 Mandatory Departure status is subject to the same 

11 terms and conditions as the principal alien. 

12 ‘‘(2) APPLICATION FEE.— 

13 ‘‘(A) IN GENERAL.—The spouse or child of 

14 an alien seeking Deferred Mandatory Departure 

15 status shall submit, in addition to any other fee 

16 authorized by law, an additional fee of $500. 

17 ‘‘(B) USE OF FEE.—The fees collected 

18 under subparagraph (A) shall be available for 

19 use by the Secretary of Homeland Security for 

20 activities to identify, locate, or remove aliens 

21 who are removable under section 237. 

22 ‘‘(l) EMPLOYMENT.— 

23 ‘‘(1) IN GENERAL.—An alien who has applied 

24 for or has been granted Deferred Mandatory Depar25 ture status may be employed in the United States. 
45 

•S 1919 IS

1 ‘‘(2) CONTINUOUS EMPLOYMENT.—An alien 

2 granted Deferred Mandatory Departure status must 

3 be employed while in the United States. An alien 

4 who fails to be employed for 60 days is ineligible for 

5 hire until the alien has departed the United States 

6 and reentered. The Secretary of Homeland Security 

7 may reauthorize an alien for employment without re8 quiring the alien’s departure from the United States. 

9 ‘‘(m) ENUMERATION OF SOCIAL SECURITY NUM10 BER.—The Secretary of Homeland Security, in coordina11 tion with the Commissioner of the Social Security system, 

12 shall implement a system to allow for the enumeration of 

13 a Social Security number and production of a Social Secu14 rity card at the time the Secretary of Homeland Security 

15 grants an alien Deferred Mandatory Departure status. 

16 ‘‘(n) PENALTIES FOR FALSE STATEMENTS IN APPLI17 CATION FOR DEFERRED MANDATORY DEPARTURE.— 

18 ‘‘(1) CRIMINAL PENALTY.— 

19 ‘‘(A) VIOLATION.—It shall be unlawful for 

20 any person— 

21 ‘‘(i) to file or assist in filing an appli22 cation for adjustment of status under this 

23 section and knowingly and willfully falsify, 

24 misrepresent, conceal, or cover up a mate25 rial fact or make any false, fictitious, or 
46 

•S 1919 IS

1 fraudulent statements or representations, 

2 or make or use any false writing or docu3 ment knowing the same to contain any 

4 false, fictitious, or fraudulent statement or 

5 entry; or 

6 ‘‘(ii) to create or supply a false writ7 ing or document for use in making such an 

8 application. 

9 ‘‘(B) PENALTY.—Any person who violates 

10 subparagraph (A) shall be fined in accordance 

11 with title 18, United States Code, imprisoned 

12 not more than 5 years, or both. 

13 ‘‘(2) INADMISSIBILITY.—An alien who is con14 victed of a crime under paragraph (1) shall be con15 sidered to be inadmissible to the United States on 

16 the ground described in section 212(a)(6)(C)(i). 

17 ‘‘(o) RELATION TO CANCELLATION OF REMOVAL.— 

18 With respect to an alien granted Deferred Mandatory De19 parture status under this section, the period of such status 

20 shall not be counted as a period of physical presence in 

21 the United States for purposes of section 240A(a), unless 

22 the Secretary of Homeland Security determines that ex23 treme hardship exists. 

24 ‘‘(p) WAIVER OF RIGHTS.—An alien is not eligible 

25 for Deferred Mandatory Departure status, unless the alien 
47 

•S 1919 IS

1 has waived any right to contest, other than on the basis 

2 of an application for asylum, restriction of removal, or 

3 protection under the Convention Against Torture and 

4 Other Cruel, Inhuman or Degrading Treatment or Pun5 ishment, done at New York December 10, 1984, or can6 cellation of removal pursuant to section 240A(a), any ac7 tion for deportation or removal of the alien that is insti8 tuted against the alien subsequent to a grant of Deferred 

9 Mandatory Departure status. 

10 ‘‘(q) DENIAL OF DISCRETIONARY RELIEF.—The de11 termination of whether an alien is eligible for a grant of 

12 Deferred Mandatory Departure status is solely within the 

13 discretion of the Secretary of Homeland Security. Not14 withstanding any other provision of law, no court shall 

15 have jurisdiction to review— 

16 ‘‘(1) any judgment regarding the granting of 

17 relief under this section; or 

18 ‘‘(2) any other decision or action of the Sec19 retary of Homeland Security the authority for which 

20 is specified under this section to be in the discretion 

21 of the Secretary, other than the granting of relief 

22 under section 208(a). 

23 ‘‘(r) JUDICIAL REVIEW.— 

24 ‘‘(1) LIMITATIONS ON RELIEF.—Without regard 

25 to the nature of the action or claim and without re-
48 

•S 1919 IS

1 gard to the identity of the party or parties bringing 

2 the action, no court may— 

3 ‘‘(A) enter declaratory, injunctive, or other 

4 equitable relief in any action pertaining to— 

5 ‘‘(i) an order or notice denying an 

6 alien a grant of Deferred Mandatory De7 parture status or any other benefit arising 

8 from such status; or 

9 ‘‘(ii) an order of removal, exclusion, or 

10 deportation entered against an alien after 

11 a grant of Deferred Mandatory Departure 

12 status; or 

13 ‘‘(B) certify a class under Rule 23 of the 

14 Federal Rules of Civil Procedure in any action 

15 for which judicial review is authorized under a 

16 subsequent paragraph of this subsection. 

17 ‘‘(2) CHALLENGES TO VALIDITY.— 

18 ‘‘(A) IN GENERAL.—Any right or benefit 

19 not otherwise waived or limited pursuant this 

20 section is available in an action instituted in the 

21 United States District Court for the District of 

22 Columbia, but shall be limited to determina23 tions of— 

24 ‘‘(i) whether such section, or any reg25 ulation issued to implement such section, 
49 

•S 1919 IS

1 violates the Constitution of the United 

2 States; or 

3 ‘‘(ii) whether such a regulation, or a 

4 written policy directive, written policy 

5 guideline, or written procedure issued by 

6 or under the authority of the Secretary of 

7 Homeland Security to implement such sec8 tion, is not consistent with applicable pro9 visions of this section or is otherwise in 

10 violation of law.’’. 

11 (b) TABLE OF CONTENTS.—The table of contents for 

12 the Immigration and Nationality Act (8 U.S.C. 1101 et 

13 seq.), as amended by section 101(b) is amended by insert14 ing after the item relating to section 245B the following: 

‘‘245C. Mandatory Departure and Reentry.’’. 

15 (c) CONFORMING AMENDMENT.—Amend section 

16 237(a)(2)(A)(i)(II) of the Immigration and Nationality 

17 Act (8 U.S.C. 1227(a)(2)(A)(i)(II)) is amended by strik18 ing the period at the end and inserting ‘‘(or 6 months in 

19 the case of an alien granted Deferred Mandatory Depar20 ture status under section 245C),’’. 

21 (d) STATUTORY CONSTRUCTION.—Nothing in this 

22 section, or any amendment made by this section, shall be 

23 construed to create any substantive or procedural right or 

24 benefit that is legally enforceable by any party against the 
50 

•S 1919 IS

1 United States or its agencies or officers or any other per2 son. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such amounts as may 

5 be necessary for facilities, personnel (including consular 

6 officers), training, technology, and processing necessary to 

7 carry out the amendments made by this section. 

8 SEC. 103. CORRECTION OF SOCIAL SECURITY RECORDS. 

9 Section 208(e)(1) of the Social Security Act (42 

10 U.S.C. 408(e)(1)) is amended— 

11 (1) in subparagraph (B), by striking ‘‘or’’ at 

12 the end of clause (ii); 

13 (2) in subparagraph (C), by inserting ‘‘or’’ at 

14 the end; 

15 (3) by inserting after subparagraph (C) the fol16 lowing: 

17 ‘‘(D) whose status is adjusted to that of 

18 lawful permanent resident under section 245B 

19 of the Immigration and Nationality Act,’’; and 

20 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

21 in the case of an alien described in subparagraph 

22 (D), if such conduct is alleged to have occurred prior 

23 to the date on which the alien became lawfully ad24 mitted for temporary residence.’’. 
51 

•S 1919 IS

1 TITLE II—FAMILY 

2 REUNIFICATION 

3 SEC. 201. TREATMENT OF IMMEDIATE RELATIVES WITH RE4 SPECT TO THE FAMILY IMMIGRATION CAP. 

5 (a) EXEMPTION OF IMMEDIATE RELATIVES FROM

6 FAMILY SPONSORED IMMIGRANT CAP.—Section 

7 201(c)(1)(A) of the Immigration and Nationality Act (8 

8 U.S.C. 1151(c)(1)(A)) is amended by striking clauses (i), 

9 (ii), and (iii) and inserting the following: 

10 ‘‘(i) 480,000, minus 

11 ‘‘(ii) the number computed under paragraph 

12 (3), plus 

13 ‘‘(iii) the number (if any) computed under para14 graph (2).’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 Section 201(c) of the Immigration and Nationality Act (8 

17 U.S.C. 1151(c)) is amended— 

18 (1) by striking paragraph (2); and 

19 (2) by redesignating paragraphs (3), (4), and 

20 (5) as paragraphs (2), (3), and (4), respectively. 
52 

•S 1919 IS

1 SEC. 202. RECLASSIFICATION OF SPOUSES AND MINOR 

2 CHILDREN OF LEGAL PERMANENT RESI3 DENTS AS IMMEDIATE RELATIVES. 

4 (a) IMMEDIATE RELATIVES.—Section 

5 201(b)(2)(A)(i) of the Immigration and Nationality Act 

6 (8 U.S.C. 1151(b)(2)(A)(i)) is amended— 

7 (1) in the first sentence, by inserting ‘‘or the 

8 spouses and children of aliens lawfully admitted for 

9 permanent residence,’’ after ‘‘United States,’’; 

10 (2) in the second sentence— 

11 (A) by inserting ‘‘or lawful permanent resi12 dent’’ after ‘‘citizen’’ each place that term ap13 pears; and 

14 (B) by inserting ‘‘or lawful permanent resi15 dent’s’’ after ‘‘citizen’s’’ each place that term 

16 appears; 

17 (3) in the third sentence, by inserting ‘‘or the 

18 lawful permanent resident loses lawful permanent 

19 resident status’’ after ‘‘United States citizenship’’; 

20 and 

21 (4) by adding at the end the following: ‘‘A 

22 spouse or child, as defined in subparagraph (A), (B), 

23 (C), (D), or (E) of section 101(b)(1), shall be enti24 tled to the same status, and the same order of con25 sideration provided in the respective subsection, if 

26 accompanying or following to join the spouse or par-
53 

•S 1919 IS

1 ent. The same treatment shall apply to parents of 

2 citizens of the United States being entitled to the 

3 same status, and the same order of consideration 

4 provided in the respective subsection, if accom5 panying or following to join their daughter or son.’’. 

6 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 

7 203(a) of the Immigration and Nationality Act (8 U.S.C. 

8 1153(a)) is amended— 

9 (1) in paragraph (1), by striking ‘‘23,400’’ and 

10 inserting ‘‘38,000’’; 

11 (2) by striking paragraph (2) and inserting the 

12 following: 

13 ‘‘(2) UNMARRIED SONS AND UNMARRIED

14 DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 

15 Qualified immigrants who are the unmarried sons or 

16 unmarried daughters (but are not the children) of 

17 an alien lawfully admitted for permanent residence 

18 shall be allocated visas in a number not to exceed 

19 60,000 plus the number (if any) by which such 

20 worldwide level exceeds 226,000, plus any visas not 

21 required for the class specified in paragraph (1).’’; 

22 (3) in paragraph (3), by striking ‘‘23,400’’ and 

23 inserting ‘‘38,000’’; and 

24 (4) in paragraph (4), by striking ‘‘65,000’’ and 

25 inserting ‘‘90,000’’. 
54 

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1 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 (1) RULES FOR DETERMINING WHETHER CER3 TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 

4 201(f) of the Immigration and Nationality Act (8 

5 U.S.C. 1151(f)) is amended— 

6 (A) in paragraph (1), by striking ‘‘para7 graphs (2) and (3),’’ and inserting ‘‘paragraph 

8 (2),’’; 

9 (B) by striking paragraph (2); and 

10 (C) by redesignating paragraph (3) as 

11 paragraph (2). 

12 (2) NUMERICAL LIMITATION TO ANY SINGLE

13 FOREIGN STATE.—Section 202 of the Immigration 

14 and Nationality Act (8 U.S.C. 1152) is amended— 

15 (A) in subsection (a)(4)— 

16 (i) by striking subparagraphs (A) and 

17 (B); 

18 (ii) by redesignating subparagraphs 

19 (C) and (D) as subparagraphs (A) and 

20 (B), respectively; and 

21 (iii) in subparagraph (A), as redesig22 nated, by striking ‘‘section 203(a)(2)(B)’’ 

23 and inserting ‘‘section 203(a)(2)’’; and 

24 (B) in subsection (e), in the flush matter 

25 following paragraph (3), by striking ‘‘, or as 
55 

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1 limiting the number of visas that may be issued 

2 under section 203(a)(2)(A) pursuant to sub3 section (a)(4)(A)’’. 

4 (3) ALLOCATION OF IMMIGRATION VISAS.—Sec5 tion 203(h) of the Immigration and Nationality Act 

6 (8 U.S.C. 1153(h)) is amended— 

7 (A) in paragraph (1)— 

8 (i) in the matter preceding subpara9 graph (A), by striking ‘‘subsections 

10 (a)(2)(A) and (d)’’ and inserting ‘‘sub11 section (d)’’; 

12 (ii) in subparagraph (A), by striking 

13 ‘‘becomes available for such alien (or, in 

14 the case of subsection (d), the date on 

15 which an immigrant visa number became 

16 available for the alien’s parent),’’ and in17 serting ‘‘became available for the alien’s 

18 parent,’’; and 

19 (iii) in subparagraph (B), by striking 

20 ‘‘applicable’’; 

21 (B) in paragraph (2), by striking ‘‘The pe22 tition’’ and all that follows through the period 

23 and inserting ‘‘The petition described in this 

24 paragraph is a petition filed under section 204 
56 

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1 for classification of the alien’s parent under 

2 subsection (a), (b), or (c).’’; and 

3 (C) in paragraph (3), by striking ‘‘sub4 sections (a)(2)(A) and (d)’’ and inserting ‘‘sub5 section (d)’’. 

6 (4) PROCEDURE FOR GRANTING IMMIGRANT

7 STATUS.—Section 204 of the Immigration and Na8 tionality Act (8 U.S.C. 1154) is amended— 

9 (A) in subsection (a)(1)— 

10 (i) in subparagraph (A)— 

11 (I) in clause (iii)— 

12 (aa) by inserting ‘‘or legal 

13 permanent resident’’ after ‘‘cit14 izen’’ each place that term ap15 pears; and 

16 (bb) in subclause 

17 (II)(aa)(CC)(bbb), by inserting 

18 ‘‘or legal permanent resident’’ 

19 after ‘‘citizenship’’; 

20 (II) in clause (iv)— 

21 (aa) by inserting ‘‘or legal 

22 permanent resident’’ after ‘‘cit23 izen’’ each place that term ap24 pears; and 
57 

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1 (bb) by inserting ‘‘or legal 

2 permanent resident’’ after ‘‘citi3 zenship’’; 

4 (III) in clause (v)(I), by inserting 

5 ‘‘or legal permanent resident’’ after 

6 ‘‘citizen’’; and 

7 (IV) in clause (vi)— 

8 (aa) by inserting ‘‘or legal 

9 permanent resident status’’ after 

10 ‘‘renunciation of citizenship’’; 

11 and 

12 (bb) by inserting ‘‘or legal 

13 permanent resident’’ after ‘‘abus14 er’s citizenship’’; 

15 (ii) by striking subparagraph (B); 

16 (iii) by redesignating subparagraphs 

17 (C) through (J) as subparagraphs (B) 

18 through (I), respectively; 

19 (iv) in subparagraph (B), as so redes20 ignated, by striking ‘‘subparagraph 

21 (A)(iii), (A)(iv), (B)(ii), or (B)(iii)’’ and in22 serting ‘‘clause (iii) or (iv) of subpara23 graph (A)’’; and 

24 (v) in subparagraph (I), as so redesig25 nated— 
58 

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1 (I) by striking ‘‘or clause (ii) or 

2 (iii) of subparagraph (B)’’; and 

3 (II) by striking ‘‘under subpara4 graphs (C) and (D)’’ and inserting 

5 ‘‘under subparagraphs (B) and (C)’’; 

6 (B) by striking subsection (a)(2); 

7 (C) in subsection (h), by striking ‘‘or a pe8 tition filed under subsection (a)(1)(B)(ii)’’; and 

9 (D) in subsection (j), by striking ‘‘sub10 section (a)(1)(D)’’ and inserting ‘‘subsection 

11 (a)(1)(C)’’. 

12 SEC. 203. EXCEPTIONS. 

13 Section 212(a)(9)(B)(iii) of the Immigration and Na14 tionality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by 

15 adding at the end the following: 

16 ‘‘(V) SPOUSES, CHILDREN, AND

17 PARENTS.—The provisions of this 

18 subparagraph and subparagraph 

19 (C)(i)(I) shall be waived for spouses 

20 and children of legal permanent resi21 dents or citizens of the United States 

22 and parents of citizens of the United 

23 States (as such terms are defined in 

24 section 201(b)(2)(A)(i)) on whose be25 half a petition was filed under section 
59 

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1 203 on or before the date of introduc2 tion of the Immigrant Accountability 

3 Act of 2005, or who are derivative 

4 beneficiaries of such a petition.’’. 

Æ