II 

114TH CONGRESS 

1ST SESSION S. 129 

To repeal executive immigration overreach, to clarify that the proper constitutional authority for immigration policy belongs to the legislative branch, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 8, 2015 

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

to the Committee on Finance 

A BILL 

To repeal executive immigration overreach, to clarify that 

the proper constitutional authority for immigration policy 

belongs to the legislative branch, 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 ‘‘Repeal Executive Amnesty Act of 2015’’. 

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

7 as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Severability. 

TITLE I—PAROLE AUTHORITY 


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Sec. 101. Parole reform. 

Sec. 102. Adjustment of status limited to aliens admitted to the United States. 

Sec. 103. Presence in the United States pursuant to parole added to priority 

date. 

Sec. 104. Admission and lawful presence required for employment authorization. 

TITLE II—LIMITATION ON EXECUTIVE OVERREACH 

Sec. 201. Denial of funds for implementation of unauthorized actions. 

Sec. 202. Prohibition on hiring by U.S. Citizenship and Immigration Services. 

TITLE III—UNACCOMPANIED ALIEN CHILDREN 

Sec. 301. Repatriation of unaccompanied alien children. 

Sec. 302. Special immigrant juvenile status for immigrants unable to reunite 

with either parent. 

Sec. 303. Modifications to preferential availability for asylum for unaccompanied alien minors. 

Sec. 304. Unaccompanied alien child defined. 

TITLE IV—ELIGIBILITY CRITERIA FOR ALIENS TO RECEIVE 

CERTAIN BENEFITS 

Sec. 401. Aliens without lawful status ineligible to receive social security and 

medicare benefits. 

Sec. 402. Applying citizenship and immigration status eligibility criteria for 

Federal programs to Affordable Care Act benefits. 

Sec. 403. Aliens paroled into the United States ineligible for Federal public 

benefits. 

TITLE V—STATE AND LOCAL ENFORCEMENT OF THE 

IMMIGRATION LAWS 

Sec. 501. Definitions. 

Sec. 502. Immigration law enforcement by States and localities. 

Sec. 503. Immunity. 

Sec. 504. Federal custody of inadmissible and deportable aliens in the United 

States apprehended by State or local law enforcement. 

Sec. 505. State Criminal Alien Assistance Program (SCAAP). 

Sec. 506. Limitation on State receipt of Federal funding. 

Sec. 507. ICE detainers. 

Sec. 508. Preservation of the Secure Communities program and removal of deportable aliens identified under the interoperable law enforcement and intelligence electronic data system. 

TITLE VI—ASYLUM REFORM AND BORDER PROTECTION 

Sec. 601. Clarification of intent regarding taxpayer-provided counsel. 

Sec. 602. Credible fear interviews. 

Sec. 603. Recording expedited removal and credible fear interviews. 

Sec. 604. Safe third country. 

TITLE VII—MISCELLANEOUS 

Sec. 701. Suspension of effectiveness of certain laws. 

Sec. 702. Temporary protected status reform. 


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1 SEC. 2. SEVERABILITY. 

2 If any provision of this Act, or the application of such 

3 provision to any person or circumstance, is held invalid, 

4 the remainder of this Act, and the application of such pro5 vision to other persons not similarly situated or to other 

6 circumstances, shall not be affected by such invalidation. 

7 TITLE I—PAROLE AUTHORITY 

8 SEC. 101. PAROLE REFORM. 

9 (a) IN GENERAL.—Paragraph (5) of section 212(d) 

10 (8 U.S.C. 1182(d)) is amended to read as follows: 

11 ‘‘(5) HUMANITARIAN AND PUBLIC INTEREST PA12 ROLE.— 

13 ‘‘(A) IN GENERAL.—Subject to the provisions of 

14 this paragraph and section 214(f)(2), the Secretary 

15 of Homeland Security, in the sole discretion of the 

16 Secretary of Homeland Security, may on a case-by17 case basis parole an alien into the United States 

18 temporarily, under such conditions as the Secretary 

19 of Homeland Security may prescribe, only— 

20 ‘‘(i) for an urgent humanitarian reason (as 

21 described under subparagraph (B)); or 

22 ‘‘(ii) for a reason deemed strictly in the 

23 public interest (as described under subpara24 graph (C)). 

25 ‘‘(B) HUMANITARIAN PAROLE.—The Secretary 

26 of Homeland Security may parole an alien based on 


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1 an urgent humanitarian reason described in this 

2 subparagraph only if— 

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

4 the alien cannot obtain necessary treatment in 

5 the foreign state in which the alien is residing 

6 or the medical emergency is life-threatening and 

7 there is insufficient time for the alien to be ad8 mitted through the normal visa process; 

9 ‘‘(ii) the alien is needed in the United 

10 States in order to donate an organ or other tis11 sue for transplant into a close family member; 

12 or 

13 ‘‘(iii) the alien has a close family member 

14 in the United States whose death is imminent 

15 and the alien could not arrive in the United 

16 States in time to see such family member alive 

17 if the alien were to be admitted through the 

18 normal visa process. 

19 ‘‘(C) PUBLIC INTEREST PAROLE.—The Sec20 retary of Homeland Security may parole an alien 

21 based on a reason deemed strictly in the public in22 terest described in this subparagraph only if the 

23 alien has assisted the United States Government in 

24 a matter, such as a criminal investigation, espio25 nage, or other similar law enforcement activity, and 


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1 either the alien’s presence in the United States is re2 quired by the Government or the alien’s life would 

3 be threatened if the alien were not permitted to 

4 come to the United States. 

5 ‘‘(D) LIMITATIONS ON THE USE OF PAROLE AU6 THORITY.— 

7 ‘‘(i) ALIENS INELIGIBLE FOR REFUGEE

8 STATUS.—The Secretary of Homeland Security 

9 may not use the parole authority under this 

10 paragraph to permit to come to the United 

11 States aliens who have applied for and have 

12 been found to be ineligible for refugee status or 

13 any alien to whom the provisions of this para14 graph do not apply. 

15 ‘‘(ii) ALIENS PRESENT IN THE UNITED

16 STATES INELIGIBLE FOR PAROLE.—The Sec17 retary of Homeland Security may not parole 

18 into the United States an alien who— 

19 ‘‘(I) is physically present in the 

20 United States; and 

21 ‘‘(II)(aa) has not been admitted to the 

22 United States; or 

23 ‘‘(bb) was lawfully admitted to the 

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1 mained in the United States unlawfully 

2 after the period of authorized stay ended. 

3 ‘‘(iii) LIMITATION ON WORK AUTHORIZA4 TION AND ADJUSTMENT OF STATUS.—In the 

5 case of an alien who is present in the United 

6 States pursuant to a grant of parole under this 

7 paragraph, the Secretary of Homeland Security 

8 may not— 

9 ‘‘(I) grant employment authorization 

10 to the alien; or 

11 ‘‘(II) admit the alien to the United 

12 States as a nonimmigrant or as an alien 

13 admitted for lawful permanent residence. 

14 ‘‘(E) PAROLE NOT AN ADMISSION.—Parole of 

15 an alien under this paragraph shall not be consid16 ered an admission of the alien into the United 

17 States. When the purposes of the parole of an alien 

18 have been served, as determined by the Secretary of 

19 Homeland Security, the alien shall immediately re20 turn or be returned to the custody from which the 

21 alien was paroled and the alien shall be considered 

22 for admission to the United States on the same 

23 basis as other similarly situated applicants for ad24 mission. 


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1 ‘‘(F) REPORT TO CONGRESS.—Not later than 

2 90 days after the end of each fiscal year, the Sec3 retary of Homeland Security shall submit to the 

4 Committee on Homeland Security and Governmental 

5 Affairs and the Committee on the Judiciary of the 

6 Senate and the Committee on Homeland Security 

7 and the Committee on the Judiciary of the House of 

8 Representatives a report describing the number and 

9 categories of aliens paroled into the United States 

10 under this paragraph. Each such report shall con11 tain information and data concerning the number 

12 and categories of aliens paroled, the duration of pa13 role, and the current status of aliens paroled during 

14 the preceding fiscal year.’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall take effect on the first day of the first 

17 month beginning more than 60 days after the date of the 

18 enactment of this Act. 

19 SEC. 102. ADJUSTMENT OF STATUS LIMITED TO ALIENS AD20 MITTED TO THE UNITED STATES. 

21 Subsection (a) of section 245 of the Immigration and 

22 Nationality Act (8 U.S.C. 1255) is amended by striking 

23 ‘‘or paroled’’. 


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1 SEC. 103. PRESENCE IN THE UNITED STATES PURSUANT TO 

2 PAROLE ADDED TO PRIORITY DATE. 

3 Section 203(e) of the Immigration and Nationality 

4 Act (8 U.S.C. 1153(e)) is amended— 

5 (1) in paragraph (3), by striking the period at 

6 the end and inserting ‘‘, in accordance with the re7 quirement under paragraph (4).’’; and 

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

9 ‘‘(4) In the case of an applicant for a visa 

10 under this section who is present in the United 

11 States pursuant to a grant of parole under section 

12 212(d)(5) for a period of time after making such ap13 plication, the time period during which the applicant 

14 is present in the United States pursuant to such a 

15 grant of parole shall be added to the applicant’s pri16 ority date.’’. 

17 SEC. 104. ADMISSION AND LAWFUL PRESENCE REQUIRED 

18 FOR EMPLOYMENT AUTHORIZATION. 

19 Paragraph (3) of section 274A(h) of the Immigration 

20 and Nationality Act (8 U.S.C. 1324a(h)) is amended— 

21 (1) by inserting ‘‘an alien otherwise admitted to 

22 the United States and present in the United States 

23 with a lawful immigration status, who is’’ before 

24 ‘‘authorized to be so employed by this Act’’; and 

25 (2) by striking ‘‘or by the Attorney General’’. 


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1 TITLE II—LIMITATION ON 

2 EXECUTIVE OVERREACH 

3 SEC. 201. DENIAL OF FUNDS FOR IMPLEMENTATION OF UN4 AUTHORIZED ACTIONS. 

5 Notwithstanding any other provision of law, no funds 

6 or fees made available to the Secretary of Homeland Secu7 rity, or to the head of any other Federal agency, may be 

8 used to implement, administer, enforce, or carry out (in9 cluding through the issuance of any regulations) any of 

10 the policy changes set forth in the following memoranda: 

11 (1) The memorandum from the Director of 

12 U.S. Immigration and Customs Enforcement enti13 tled ‘‘Civil Immigration Enforcement: Priorities for 

14 the Apprehension, Detention, and Removal of 

15 Aliens’’ (March 2, 2011). 

16 (2) The memorandum from the Director of 

17 U.S. Immigration and Customs Enforcement enti18 tled ‘‘Exercising Prosecutorial Discretion Consistent 

19 with the Civil Immigration Enforcement Priorities of 

20 the Agency for the Apprehension, Detention, and 

21 Removal of Aliens’’ (June 17, 2011). 

22 (3) The memorandum from the Director of 

23 U.S. Immigration and Customs Enforcement enti24 tled ‘‘Prosecutorial Discretion: Certain Victims, Wit25 nesses, and Plaintiffs’’ (June 17, 2011). 


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1 (4) The U.S. Citizenship and Immigration Serv2 ices policy memorandum entitled ‘‘Revised Guidance 

3 for the Referral of Cases and Issuance of Notices to 

4 Appear (NTAs) in Cases Involving Inadmissible and 

5 Removable Aliens’’ (November 17, 2011). 

6 (5) The memorandum from the Principal Legal 

7 Advisor of U.S. Immigration and Customs Enforce8 ment entitled ‘‘Case-by-Case Review of Incoming 

9 and Certain Pending Cases’’ (November 17, 2011). 

10 (6) The recommendations included in the report 

11 from the Director of U.S. Immigration and Customs 

12 Enforcement entitled ‘‘ICE Response to the Task 

13 Force on Secure Communities Findings and Rec14 ommendations’’ (April 27, 2012). 

15 (7) The memorandum from the Secretary of 

16 Homeland Security entitled ‘‘Exercising Prosecu17 torial Discretion with Respect to Individuals Who 

18 Came to the United States as Children’’ (June 15, 

19 2012). 

20 (8) The memorandum from the Director of 

21 U.S. Immigration and Customs Enforcement enti22 tled ‘‘Civil Immigration Enforcement: Guidance on 

23 the Use of Detainers in the Federal, State, Local, 

24 and Tribal Criminal Justice Systems’’ (December 

25 21, 2012). 


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1 (9) The U.S. Citizenship and Immigration Serv2 ices policy memorandum entitled ‘‘Adjudication of 

3 Adjustment of Status Applications for Individuals 

4 Admitted to the United States Under the Visa Waiv5 er Program’’ (November 14, 2013). 

6 (10) The memorandum from the Secretary of 

7 Homeland Security entitled ‘‘Southern Border and 

8 Approaches Campaign’’ (November 20, 2014). 

9 (11) The memorandum from the Secretary of 

10 Homeland Security entitled ‘‘Policies for the Appre11 hension, Detention and Removal of Undocumented 

12 Immigrants’’ (November 20, 2014). 

13 (12) The memorandum from the Secretary of 

14 Homeland Security entitled ‘‘Secure Communities’’ 

15 (November 20, 2014). 

16 (13) The memorandum from the Secretary of 

17 Homeland Security entitled ‘‘Exercising Prosecu18 torial Discretion with Respect to Individuals Who 

19 Came to the United States as Children and with Re20 spect to Certain Individuals Who Are the Parents of 

21 U.S. Citizens or Permanent Residents’’ (November 

22 20, 2014). 

23 (14) The memorandum from the Secretary of 

24 Homeland Security entitled ‘‘Expansion of the Pro25 visional Waiver Program’’ (November 20, 2014). 


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1 (15) The memorandum from the Secretary of 

2 Homeland Security entitled ‘‘Policies Supporting 

3 U.S. High-Skilled Businesses and Workers’’ (No4 vember 20, 2014). 

5 (16) The memorandum from the Secretary of 

6 Homeland Security entitled ‘‘Families of U.S. 

7 Armed Forces Members and Enlistees’’ (November 

8 20, 2014). 

9 (17) The memorandum from the Secretary of 

10 Homeland Security entitled ‘‘Directive to Provide 

11 Consistency Regarding Advance Parole’’ (November 

12 20, 2014). 

13 (18) The memorandum from the Secretary of 

14 Homeland Security entitled ‘‘Policies to Promote 

15 and Increase Access to U.S. Citizenship’’ (November 

16 20, 2014). 

17 (19) The memorandum from the President enti18 tled ‘‘Modernizing and Streamlining the U.S. Immi19 grant Visa System for the 21st Century’’ (November 

20 21, 2014). 

21 (20) The memorandum from the President enti22 tled ‘‘Creating Welcoming Communities and Fully 

23 Integrating Immigrants and Refugees’’ (November 

24 21, 2014). 


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1 SEC. 202. PROHIBITION ON HIRING BY U.S. CITIZENSHIP 

2 AND IMMIGRATION SERVICES. 

3 The head of U.S. Citizenship and Immigration Serv4 ices may not appoint an individual to any position in U.S. 

5 Citizenship and Immigration Services until after the date 

6 that the President rescinds each memorandum described 

7 in paragraphs (10) through (20) of section 201. 

8 TITLE III—UNACCOMPANIED 

9 ALIEN CHILDREN 

10 SEC. 301. REPATRIATION OF UNACCOMPANIED ALIEN CHIL11 DREN. 

12 (a) IN GENERAL.—Section 235 of the William Wil13 berforce Trafficking Victims Protection Reauthorization 

14 Act of 2008 (8 U.S.C. 1232) is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (2)— 

17 (i) by amending the heading to read 

18 as follows: ‘‘RULES FOR UNACCOMPANIED

19 ALIEN CHILDREN.’’; 

20 (ii) in subparagraph (A); 

21 (I) in the matter preceding clause 

22 (i), by striking ‘‘who is a national or 

23 habitual resident of a country that is 

24 contiguous with the United States’’; 

25 (II) in clause (i), by inserting 

26 ‘‘and’’ at the end; 


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1 (III) in clause (ii), by striking ‘‘; 

2 and’’ and inserting a period; and 

3 (IV) by striking clause (iii); 

4 (iii) in subparagraph (B)— 

5 (I) in the matter preceding clause 

6 (i), by striking ‘‘(8 U.S.C. 1101 et 

7 seq.) may—’’ and inserting ‘‘(8 

8 U.S.C. 1101 et seq.)—’’; 

9 (II) in clause (i), by inserting be10 fore ‘‘permit such child to withdraw’’ 

11 the following: ‘‘may’’; and 

12 (III) in clause (ii), by inserting 

13 before ‘‘return such child’’ the fol14 lowing: ‘‘shall’’; and 

15 (iv) in subparagraph (C)— 

16 (I) by amending the heading to 

17 read as follows: ‘‘AGREEMENTS WITH

18 FOREIGN COUNTRIES.’’; and 

19 (II) in the matter preceding 

20 clause (i), by striking ‘‘The Secretary 

21 of State shall negotiate agreements 

22 between the United States and coun23 tries contiguous to the United States’’ 

24 and inserting ‘‘The Secretary of State 

25 may negotiate agreements between the 


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1 United States and any foreign country 

2 that the Secretary determines appro3 priate’’; and 

4 (B) in paragraph (5)(D)— 

5 (i) in the matter preceding clause (i), 

6 by striking ‘‘, except for an unaccompanied 

7 alien child from a contiguous country sub8 ject to the exceptions under subsection 

9 (a)(2),’’ and inserting ‘‘who does not meet 

10 the criteria listed in paragraph (2)(A)’’; 

11 and 

12 (ii) in clause (i), by inserting before 

13 the semicolon at the end the following: ‘‘, 

14 which shall include a hearing before an im15 migration judge not later than 14 days 

16 after being screened under paragraph (4)’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (2)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘48 hours’’ and in21 serting ‘‘7 days’’; 

22 (ii) in subparagraph (A), by inserting 

23 before the semicolon the following: ‘‘be24 lieved not to meet the criteria listed in sub25 section (a)(2)(A)’’; and 


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1 (iii) in subparagraph (B), by inserting 

2 before the period the following: ‘‘and does 

3 not meet the criteria listed in subsection 

4 (a)(2)(A)’’; and 

5 (B) in paragraph (3), by striking ‘‘an un6 accompanied alien child in custody shall’’ and 

7 all that follows, and inserting the following: ‘‘an 

8 unaccompanied alien child in custody— 

9 ‘‘(A) in the case of a child who does not 

10 meet the criteria listed in subsection (a)(2)(A), 

11 shall transfer the custody of such child to the 

12 Secretary of Health and Human Services not 

13 later than 30 days after determining that such 

14 child is an unaccompanied alien child who does 

15 not meet such criteria; or 

16 ‘‘(B) in the case of child who meets the 

17 criteria listed in subsection (a)(2)(A), may 

18 transfer the custody of such child to the Sec19 retary of Health and Human Services after de20 termining that such child is an unaccompanied 

21 alien child who meets such criteria.’’; 

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

23 ‘‘(5) INFORMATION SHARING.—The Secretary 

24 of Health and Human Services shall share with the 

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1 quested on a child who has been determined to be 

2 an unaccompanied alien child and who is or has 

3 been in the custody of the Secretary of Health and 

4 Human Services, including the location of the child 

5 and any person to whom custody of the child has 

6 been transferred, for any legitimate law enforcement 

7 objective, including enforcement of the immigration 

8 laws.’’; and 

9 (4) in subsection (c)— 

10 (A) in paragraph (3), by inserting at the 

11 end the following: 

12 ‘‘(D) INFORMATION ABOUT INDIVIDUALS

13 WITH WHOM CHILDREN ARE PLACED.— 

14 ‘‘(i) INFORMATION TO BE PROVIDED

15 TO HOMELAND SECURITY.—Before placing 

16 a child with an individual, the Secretary of 

17 Health and Human Services shall provide 

18 to the Secretary of Homeland Security, re19 garding the individual with whom the child 

20 will be placed, the following information: 

21 ‘‘(I) The name of the individual. 

22 ‘‘(II) The social security number 

23 of the individual. 

24 ‘‘(III) The date of birth of the in25 dividual. 


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1 ‘‘(IV) The location of the individ2 ual’s residence where the child will be 

3 placed. 

4 ‘‘(V) The immigration status of 

5 the individual, if known. 

6 ‘‘(VI) Contact information for 

7 the individual. 

8 ‘‘(ii) SPECIAL RULE.—In the case of a 

9 child who was apprehended on or after 

10 June 15, 2012, and before the date of the 

11 enactment of the Repeal Executive Am12 nesty Act of 2015, who the Secretary of 

13 Health and Human Services placed with 

14 an individual, the Secretary shall provide 

15 the information listed in clause (i) to the 

16 Secretary of Homeland Security not later 

17 than 90 days after the date of the enact18 ment of the Repeal Executive Amnesty Act 

19 of 2015. 

20 ‘‘(iii) ACTIVITIES OF THE SECRETARY

21 OF HOMELAND SECURITY.—Not later than 

22 30 days after receiving the information 

23 listed in clause (i), the Secretary of Home24 land Security shall— 


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1 ‘‘(I) in the case that the immi2 gration status of an individual with 

3 whom a child is placed is unknown, 

4 investigate the immigration status of 

5 that individual; and 

6 ‘‘(II) upon determining that an 

7 individual with whom a child is placed 

8 is unlawfully present in the United 

9 States, initiate removal proceedings 

10 pursuant to chapter 4 of title II of the 

11 Immigration and Nationality Act (8 

12 U.S.C. 1221 et seq.).’’; and 

13 (B) in paragraph (5)— 

14 (i) by inserting after ‘‘to the greatest 

15 extent practicable’’ the following: ‘‘(at no 

16 expense to the Government)’’; and 

17 (ii) by striking ‘‘have counsel to rep18 resent them’’ and inserting ‘‘have access to 

19 counsel to represent them’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to any unauthorized alien child ap22 prehended on or after June 15, 2012. 


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1 SEC. 302. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM2 MIGRANTS UNABLE TO REUNITE WITH EI3 THER PARENT. 

4 Section 101(a)(27)(J)(i) of the Immigration and Na5 tionality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by 

6 striking ‘‘1 or both of the immigrant’s parents’’ and in7 serting ‘‘either of the immigrant’s parents’’. 

8 SEC. 303. MODIFICATIONS TO PREFERENTIAL AVAIL9 ABILITY FOR ASYLUM FOR UNACCOMPANIED 

10 ALIEN MINORS. 

11 Section 208 of the Immigration and Nationality Act 

12 (8 U.S.C. 1158) is amended— 

13 (1) by striking subsection (a)(2)(E); and 

14 (2) by striking subsection (b)(3)(C). 

15 SEC. 304. UNACCOMPANIED ALIEN CHILD DEFINED. 

16 Section 462(g)(2) of the Homeland Security Act of 

17 2002 (6 U.S.C. 279(g)(2)) is amended to read as follows: 

18 ‘‘(2) The term ‘unaccompanied alien child’— 

19 ‘‘(A) means an alien who— 

20 ‘‘(i) has no lawful immigration status 

21 in the United States; 

22 ‘‘(ii) has not attained 18 years of age; 

23 and 

24 ‘‘(iii) with respect to whom— 

25 ‘‘(I) there is no parent or legal 

26 guardian in the United States; 


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1 ‘‘(II) no parent or legal guardian 

2 in the United States is available to 

3 provide care and physical custody; or 

4 ‘‘(III) no sibling over 18 years of 

5 age, aunt, uncle, grandparent, or 

6 cousin over 18 years of age is avail7 able to provide care and physical cus8 tody; except that 

9 ‘‘(B) such term shall cease to include an 

10 alien if at any time a parent, legal guardian, 

11 sibling over 18 years of age, aunt, uncle, grand12 parent, or cousin over 18 years of age of the 

13 alien is found in the United States and is avail14 able to provide care and physical custody (and 

15 the Secretary of Homeland Security and the 

16 Secretary of Health and Human Services shall 

17 revoke accordingly any prior designation of the 

18 alien under this paragraph).’’. 


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1 TITLE IV—ELIGIBILITY CRI2 TERIA FOR ALIENS TO RE3 CEIVE CERTAIN BENEFITS 

4 SEC. 401. ALIENS WITHOUT LAWFUL STATUS INELIGIBLE 

5 TO RECEIVE SOCIAL SECURITY AND MEDI6 CARE BENEFITS. 

7 Section 401(b) of the Personal Responsibility and 

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

9 1611(b)) is amended— 

10 (1) in paragraph (2), by adding at the end the 

11 following: ‘‘For purposes of this paragraph, the term 

12 ‘alien who is lawfully present in the United States’ 

13 means an alien who has been admitted to the United 

14 States, and whose period of lawful admission has not 

15 expired, and does not include an alien who is present 

16 in the United States pursuant to a grant of parole 

17 under section 212(d)(5) of the Immigration and Na18 tionality Act (8 U.S.C. 1182(d)(5)).’’; and 

19 (2) in paragraph (3), by adding at the end the 

20 following: ‘‘For purposes of this paragraph, the term 

21 ‘alien who is lawfully present in the United States’ 

22 has the meaning given such term in paragraph (2).’’. 


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1 SEC. 402. APPLYING CITIZENSHIP AND IMMIGRATION STA2 TUS ELIGIBILITY CRITERIA FOR FEDERAL 

3 PROGRAMS TO AFFORDABLE CARE ACT BEN4 EFITS. 

5 (a) APPLYING QUALIFIED ALIEN ELIGIBILITY CRI6 TERIA TO ACA BENEFITS.— 

7 (1) TEMPORARY HIGH RISK HEALTH INSUR8 ANCE POOL PROGRAM.—Section 1101(d)(1) of the 

9 Patient Protection and Affordable Care Act (42 

10 U.S.C. 18001(d)(1)) is amended by striking ‘‘or is 

11 lawfully present’’ and all that follows through ‘‘sec12 tion 1411)’’ and inserting ‘‘or is a qualified alien (as 

13 defined in section 431 of the Personal Responsibility 

14 and Work Opportunity Reconciliation Act of 1996 (8 

15 U.S.C. 1641)), as determined in accordance with 

16 section 1411’’. 

17 (2) ELIGIBILITY TO PARTICIPATE IN EX18 CHANGES.—Section 1312(f)(3) of such Act (42 

19 U.S.C. 18032(f)(3)) is amended— 

20 (A) in the paragraph heading, by inserting 

21 ‘‘CERTAIN’’ after ‘‘LIMITED TO’’; and 

22 (B) by striking ‘‘an alien lawfully present 

23 in the United States’’ and inserting ‘‘an alien 

24 who is a qualified alien (as defined in section 

25 431 of the Personal Responsibility and Work 


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1 Opportunity Reconciliation Act of 1996 (8 

2 U.S.C. 1641))’’. 

3 (3) STATE HEALTH PROGRAMS FOR LOW-IN4 COME INDIVIDUALS NOT ELIGIBLE FOR MEDICAID.— 

5 Section 1331(e)(1)(B) of such Act (42 U.S.C. 

6 18051(e)(1)(B)) is amended by striking ‘‘lawfully 

7 present in the United States’’ and inserting ‘‘who is 

8 a qualified alien (as defined in section 431 of the 

9 Personal Responsibility and Work Opportunity Rec10 onciliation Act of 1996 (8 U.S.C. 1641))’’. 

11 (4) TAX CREDIT PROVIDING PREMIUM ASSIST12 ANCE FOR COVERAGE UNDER QUALIFIED HEALTH

13 PLANS.—Section 36B of the Internal Revenue of 

14 1986 is amended— 

15 (A) in subsection (c)(1)(B)— 

16 (i) in the heading, by striking ‘‘INDI17 VIDUALS LAWFULLY PRESENT IN THE

18 UNITED STATES’’ and inserting ‘‘QUALI19 FIED ALIENS’’; and 

20 (ii) in clause (ii), by striking ‘‘an alien 

21 lawfully present in the United States’’ and 

22 inserting ‘‘an alien who is a qualified alien 

23 (as defined in section 431 of the Personal 

24 Responsibility and Work Opportunity RecVerDate Sep 11 2014 22:32 Jan 16, 2015 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S129.IS S129

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1 onciliation Act of 1996 (8 U.S.C. 1641))’’; 

2 and 

3 (B) in subsection (e)(2), by striking ‘‘law4 fully present in the United States’’ and insert5 ing ‘‘who is a qualified alien (as defined in sec6 tion 431 of the Personal Responsibility and 

7 Work Opportunity Reconciliation Act of 1996 

8 (8 U.S.C. 1641))’’. 

9 (5) REDUCED COST-SHARING FOR CERTAIN IN10 DIVIDUALS UNDER QUALIFIED HEALTH PLANS.— 

11 Section 1402(e)(2) of the Patient Protection and Af12 fordable Care Act (42 U.S.C. 18071(e)(2)) is 

13 amended by striking ‘‘lawfully present in the United 

14 States’’ and inserting ‘‘who is a qualified alien (as 

15 defined in section 431 of the Personal Responsibility 

16 and Work Opportunity Reconciliation Act of 1996 (8 

17 U.S.C. 1641))’’. 

18 (6) ELIGIBILITY DETERMINATIONS.—Section 

19 1411 of the Patient Protection and Affordable Care 

20 Act (42 U.S.C. 18081) is amended— 

21 (A) in subsection (a)(1), by striking ‘‘an 

22 alien lawfully present in the United States’’ and 

23 inserting ‘‘a qualified alien (as defined in sec24 tion 431 of the Personal Responsibility and 


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1 Work Opportunity Reconciliation Act of 1996 

2 (8 U.S.C. 1641))’’; and 

3 (B) in subsection (c)(2)(B)— 

4 (i) in clause (i)(I), by striking ‘‘an 

5 alien lawfully present in the United 

6 States’’ and inserting ‘‘a qualified alien (as 

7 defined in section 431 of the Personal Re8 sponsibility and Work Opportunity Rec9 onciliation Act of 1996 (8 U.S.C. 1641))’’; 

10 and 

11 (ii) in clause (ii)(II), by striking ‘‘an 

12 alien lawfully present in the United 

13 States’’ and inserting ‘‘a qualified alien (as 

14 defined in section 431 of the Personal Re15 sponsibility and Work Opportunity Rec16 onciliation Act of 1996 (8 U.S.C. 1641))’’. 

17 (7) ADVANCE DETERMINATION AND PAYMENT

18 OF PREMIUM TAX CREDITS AND COST-SHARING RE19 DUCTIONS.—Section 1412(d) of the Patient Protec20 tion and Affordable Care Act (42 U.S.C. 18082(d)) 

21 is amended— 

22 (A) in the heading, by striking ‘‘LAW23 FULLY PRESENT’’ and inserting ‘‘CITIZENS, 

24 NATIONALS, OR QUALIFIED ALIENS’’; and 


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1 (B) by striking ‘‘not lawfully present in the 

2 United States’’ and inserting ‘‘not citizens or 

3 nationals of the United States or aliens who are 

4 qualified aliens (as defined in section 431 of the 

5 Personal Responsibility and Work Opportunity 

6 Reconciliation Act of 1996 (8 U.S.C. 1641))’’. 

7 (8) MINIMUM ESSENTIAL COVERAGE REQUIRE8 MENT.—Section 5000A(d)(3) of the Internal Rev9 enue Code of 1986 is amended— 

10 (A) in the heading, by striking ‘‘LAWFULLY

11 PRESENT’’ and inserting ‘‘CITIZENS, NATION12 ALS, OR QUALIFIED ALIENS’’; and 

13 (B) by striking ‘‘an alien lawfully present 

14 in the United States’’ and inserting ‘‘a qualified 

15 alien (as defined in section 431 of the Personal 

16 Responsibility and Work Opportunity Reconcili17 ation Act of 1996 (8 U.S.C. 1641))’’. 

18 (9) MEDICAID POPULATION.—Section 

19 1903(v)(1) of the Social Security Act is amended by 

20 striking ‘‘who is not lawfully admitted for permanent 

21 residence or otherwise permanently residing in the 

22 United States under color of law’’ and inserting 

23 ‘‘who is not a qualified alien (as defined in section 

24 431 of the Personal Responsibility and Work Oppor25 tunity Reconciliation Act of 1996 (8 U.S.C. 1641))’’. 


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1 (b) CLARIFICATION THAT CERTAIN ACA BENEFITS

2 TREATED AS FEDERAL PUBLIC BENEFITS.—Section 

3 401(c) of the Personal Responsibility and Work Oppor4 tunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)) is 

5 amended by adding at the end the following new para6 graph: 

7 ‘‘(3) In applying paragraph (1), the following 

8 assistance and benefits are treated as health benefits 

9 described in paragraph (1)(B): 

10 ‘‘(A) Enrollment under the temporary high 

11 risk health insurance pool program under sec12 tion 1101 of the Patient Protection and Afford13 able Care Act (42 U.S.C. 18001). 

14 ‘‘(B) Participation in an Exchange estab15 lished under title I of the Patient Protection 

16 and Affordable Care Act. 

17 ‘‘(C) Participation in the health program 

18 established under section 1331(a) of the Pa19 tient Protection and Affordable Care Act (42 

20 U.S.C. 18051). 

21 ‘‘(D) Allowance of a tax credit under sec22 tion 36B of the Internal Revenue Code of 1986. 

23 ‘‘(E) Reduction of cost-sharing under 

24 qualified health plans under section 1402 of the 


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1 Patient Protection and Affordable Care Act (42 

2 U.S.C. 18071). 

3 ‘‘(F) Provision of advance payments under 

4 section 1412 of the Patient Protection and Af5 fordable Care Act (42 U.S.C. 18082).’’. 

6 (c) CLARIFICATION THAT CERTAIN ACA BENEFITS

7 TREATED AS FEDERAL MEANS-TESTED PUBLIC BENE8 FITS.—Section 403(c) of the Personal Responsibility and 

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

10 1613(c)) is amended by adding at the end the following 

11 new paragraph: 

12 ‘‘(3) In applying this section, assistance and 

13 benefits described in section 401(c)(3) are treated as 

14 Federal means-tested public benefits to which sub15 section (a) applies.’’. 

16 (d) EFFECTIVE DATE.— 

17 (1) IN GENERAL.—Subject to paragraph (2), 

18 the amendments made by this section shall apply to 

19 coverage months beginning more than 120 days 

20 after the date of the enactment of this Act. 

21 (2) TRANSITION FOR CURRENT ENROLLEES.— 

22 In the case of an individual who is being provided 

23 assistance or benefits described in paragraph (3) of 

24 section 401(c) of the Personal Responsibility and 

25 Work Opportunity Reconciliation Act of 1996 (8 


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1 U.S.C. 1611(c)), as added by subsection (b), as of 

2 the date of the enactment of this Act, the amend3 ments made by this section (other than the amend4 ments made by subsection (a)(8)) shall not apply 

5 with respect to such assistance or benefits provided 

6 to such individual for coverage months before Janu7 ary of the year after the date of enactment of this 

8 Act. 

9 SEC. 403. ALIENS PAROLED INTO THE UNITED STATES IN10 ELIGIBLE FOR FEDERAL PUBLIC BENEFITS. 

11 Section 431(b) of the Personal Responsibility and 

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

13 1641(b)) is amended by striking paragraph (4). 

14 TITLE V—STATE AND LOCAL EN15 FORCEMENT OF THE IMMI16 GRATION LAWS 

17 SEC. 501. DEFINITIONS. 

18 In this title: 

19 (1) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Homeland Security. 

21 (2) STATE.—The term ‘‘State’’ has the mean22 ing given to such term in section 101(a)(36) of the 

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

24 1101(a)(36)). 


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1 SEC. 502. IMMIGRATION LAW ENFORCEMENT BY STATES 

2 AND LOCALITIES. 

3 Law enforcement personnel of a State, or of a polit4 ical subdivision of a State, may investigate, identify, ap5 prehend, arrest, detain, or transfer to Federal custody 

6 aliens for the purposes of enforcing the immigration laws 

7 of the United States to the same extent as Federal law 

8 enforcement personnel. Law enforcement personnel of a 

9 State, or of a political subdivision of a State, may also 

10 investigate, identify, apprehend, arrest, or detain aliens 

11 for the purposes of enforcing the immigration laws of a 

12 State or of a political subdivision of State. Law enforce13 ment personnel of a State, or of a political subdivision of 

14 a State, may not remove aliens from the United States. 

15 SEC. 503. IMMUNITY. 

16 Notwithstanding any other provision of law, a law en17 forcement officer of a State or local law enforcement agen18 cy who is acting within the scope of the officer’s official 

19 duties shall be immune, to the same extent as a Federal 

20 law enforcement officer, from personal liability arising out 

21 of the performance of any duty described in this title, in22 cluding the authorities to investigate, identify, apprehend, 

23 arrest, detain, or transfer to Federal custody, an alien for 

24 the purposes of enforcing the immigration laws of the 

25 United States (as defined in section 101(a)(17) of the Im26 migration and Nationality Act (8 U.S.C. 1101(a)(17))) or 


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1 the immigration laws of a State or a political subdivision 

2 of a State. 

3 SEC. 504. FEDERAL CUSTODY OF INADMISSIBLE AND DE4 PORTABLE ALIENS IN THE UNITED STATES 

5 APPREHENDED BY STATE OR LOCAL LAW EN6 FORCEMENT. 

7 (a) IN GENERAL.—Title II of the Immigration and 

8 Nationality Act (8 U.S.C. 1151 et seq.) is amended by 

9 inserting after section 240C the following: 

10 ‘‘SEC. 240D. CUSTODY OF INADMISSIBLE AND DEPORTABLE 

11 ALIENS PRESENT IN THE UNITED STATES. 

12 ‘‘(a) TRANSFER OF CUSTODY BY STATE AND LOCAL

13 OFFICIALS.—If a State, or a political subdivision of a 

14 State, exercising authority with respect to the apprehen15 sion or arrest of an inadmissible or deportable alien sub16 mits to the Secretary of Homeland Security a request that 

17 the alien be taken into Federal custody, notwithstanding 

18 any other provision of law, regulation, or policy the Sec19 retary— 

20 ‘‘(1) shall take the alien into custody not later 

21 than 48 hours after the request has been issued fol22 lowing the conclusion of the State or local charging 

23 process or dismissal process, or if no State or local 

24 charging or dismissal process is required, the Sec25 retary shall issue a detainer and take the alien into 


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1 custody not later than 48 hours after the alien is ap2 prehended, in order to determine whether the alien 

3 should be detained, placed in removal proceedings, 

4 released, or removed; and 

5 ‘‘(2) shall request that the relevant State or 

6 local law enforcement agency temporarily hold the 

7 alien in their custody or transport the alien for 

8 transfer to Federal custody. 

9 ‘‘(b) POLICY ON DETENTION IN FEDERAL, CON10 TRACT, STATE, OR LOCAL DETENTION FACILITIES.—In 

11 carrying out section 241(g)(1), the Attorney General or 

12 Secretary of Homeland Security shall ensure that an alien 

13 arrested under this title shall be held in custody, pending 

14 the alien’s examination under this section, in a Federal, 

15 contract, State, or local prison, jail, detention center, or 

16 other comparable facility. Notwithstanding any other pro17 vision of law, regulation or policy, such facility is adequate 

18 for detention, if— 

19 ‘‘(1) such a facility is the most suitably located 

20 Federal, contract, State, or local facility available for 

21 such purpose under the circumstances; 

22 ‘‘(2) an appropriate arrangement for such use 

23 of the facility can be made; and 


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1 ‘‘(3) the facility satisfies the standards for the 

2 housing, care, and security of persons held in cus3 tody by a United States Marshal. 

4 ‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 

5 Security shall reimburse a State, or a political subdivision 

6 of a State, for all reasonable expenses, as determined by 

7 the Secretary, incurred by the State, or political subdivi8 sion, as a result of the incarceration and transportation 

9 of an alien who is inadmissible or deportable as described 

10 in subsections (a) and (b). Compensation provided for 

11 costs incurred under such subsections shall be the average 

12 cost of incarceration of a prisoner in the relevant State, 

13 as determined by the chief executive officer of a State, 

14 or of a political subdivision of a State, plus the cost of 

15 transporting the alien from the point of apprehension to 

16 the place of detention, and to the custody transfer point 

17 if the place of detention and place of custody are different. 

18 ‘‘(d) SECURE FACILITIES.—The Secretary of Home19 land Security shall ensure that aliens incarcerated pursu20 ant to this title are held in facilities that provide an appro21 priate level of security. 

22 ‘‘(e) TRANSFER.— 

23 ‘‘(1) IN GENERAL.—In carrying out this sec24 tion, the Secretary of Homeland Security shall es25 tablish a regular circuit and schedule for the prompt 


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1 transfer of apprehended aliens from the custody of 

2 States, and political subdivisions of a State, to Fed3 eral custody. 

4 ‘‘(2) CONTRACTS.—The Secretary may enter 

5 into contracts, including appropriate private con6 tracts, to implement this subsection.’’. 

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

8 of such Act is amended by inserting after the item relating 

9 to section 240C the following new item: 

‘‘Sec. 240D. Custody of inadmissible and deportable aliens present in the 

United States.’’. 

10 SEC. 505. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 

11 (SCAAP). 

12 Subparagraph (A) of section 241(i)(3) of the Immi13 gration and Nationality Act (8 U.S.C. 1231(i)(3)) is 

14 amended by inserting ‘‘charged with or’’ before ‘‘con15 victed’’. 

16 SEC. 506. LIMITATION ON STATE RECEIPT OF FEDERAL 

17 FUNDING. 

18 (a) IN GENERAL.—A State or political subdivision of 

19 a State that has in place a law or policy described in sub20 section (b) may not receive— 

21 (1) grants made under subpart 1 of part E of 

22 title I of the Omnibus Crime Control and Safe 

23 Streets Act of 1968 (42 U.S.C. 3750 et seq.); 


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1 (2) grants made under part Q of title I of the 

2 Omnibus Crime Control and Safe Streets Act of 

3 1968 (42 U.S.C. 3796dd et seq.); or 

4 (3) compensation under section 241(i) of the 

5 Immigration and Nationality Act (8 U.S.C. 1231(i)). 

6 (b) LAW OR POLICY DESCRIBED.—A law or policy 

7 is described in this subsection if the law or policy— 

8 (1) is in contravention of section 642(a) of the 

9 Illegal Immigration Reform and Immigrant Respon10 sibility Act of 1996 (8 U.S.C. 1373(a)); 

11 (2) prohibits or restricts law enforcement offi12 cers of that State or political subdivision from col13 lecting information relating to an individual’s immi14 gration status; or 

15 (3) prohibits or restricts compliance with, or 

16 the honoring of detainers issued by Immigration and 

17 Customs Enforcement. 

18 SEC. 507. ICE DETAINERS. 

19 Section 287(d) of the Immigration and Nationality 

20 Act (8 U.S.C. 1357(d)) is amended in the matter pre21 ceding paragraph (1), by striking ‘‘law relating to con22 trolled substances,’’ and inserting ‘‘law,’’. 


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1 SEC. 508. PRESERVATION OF THE SECURE COMMUNITIES 

2 PROGRAM AND REMOVAL OF DEPORTABLE 

3 ALIENS IDENTIFIED UNDER THE INTEROPER4 ABLE LAW ENFORCEMENT AND INTEL5 LIGENCE ELECTRONIC DATA SYSTEM. 

6 Section 202 of the Enhanced Border Security and 

7 Visa Entry Reform Act of 2002 (8 U.S.C. 1722) is amend8 ed— 

9 (1) in subsection (a)(2), by adding at the end 

10 the following: ‘‘Compliance with the requirements of 

11 this paragraph shall include, at a minimum, the op12 eration of the Secure Communities program, as in 

13 effect on November 19, 2014.’’; and 

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

15 ‘‘(c) REQUIRED ACTION.—Upon receiving notice 

16 under the interoperable law enforcement and intelligence 

17 electronic data system established under subsection (a) 

18 that a deportable alien is in the custody of Federal, State, 

19 or local law enforcement, the Secretary of Homeland Secu20 rity shall, following the conclusion of the charging process, 

21 dismissal process, or completion of the alien’s sentence, 

22 as appropriate, issue a detainer, take the alien into cus23 tody, and initiate removal proceedings under section 238 

24 or 240 of the Immigration and Nationality Act (8 U.S.C. 

25 1228, 1229a), as appropriate.’’. 


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1 TITLE VI—ASYLUM REFORM AND 

2 BORDER PROTECTION 

3 SEC. 601. CLARIFICATION OF INTENT REGARDING TAX4 PAYER-PROVIDED COUNSEL. 

5 Section 292 of the Immigration and Nationality Act 

6 (8 U.S.C. 1362) is amended— 

7 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

8 ‘‘In any removal’’; 

9 (2) by striking ‘‘(at no expense to the Govern10 ment)’’; and 

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

12 ‘‘(b) NO EXPENSE TO THE GOVERNMENT.—Notwith13 standing any other provision of law, in no instance shall 

14 the Government bear any expense for counsel for any per15 son in removal proceedings or in any appeal proceedings 

16 before the Attorney General from any such removal pro17 ceedings.’’. 

18 SEC. 602. CREDIBLE FEAR INTERVIEWS. 

19 Section 235(b)(1)(B)(v) of the Immigration and Na20 tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 

21 striking ‘‘208.’’ and inserting ‘‘208, and it is more prob22 able than not that the statements made by the alien in 

23 support of the alien’s claim are true.’’. 


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1 SEC. 603. RECORDING EXPEDITED REMOVAL AND CRED2 IBLE FEAR INTERVIEWS. 

3 (a) IN GENERAL.—The Secretary of Homeland Secu4 rity shall establish quality assurance procedures and take 

5 steps to effectively ensure that questions by employees of 

6 the Department of Homeland Security exercising expe7 dited removal authority under section 235(b) of the Immi8 gration and Nationality Act (8 U.S.C. 1225(b)) are asked 

9 in a uniform manner, and that both these questions and 

10 the answers provided in response to them are recorded in 

11 a uniform fashion. 

12 (b) FACTORS RELATING TO SWORN STATEMENTS.— 

13 Where practicable, any sworn or signed written statement 

14 taken of an alien as part of the record of a proceeding 

15 under section 235(b)(1)(A) of the Immigration and Na16 tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom17 panied by a recording of the interview which served as the 

18 basis for that sworn statement. 

19 (c) INTERPRETERS.—The Secretary shall ensure that 

20 a competent interpreter, not affiliated with the govern21 ment of the country from which the alien may claim asy22 lum, is used when the interviewing officer does not speak 

23 a language understood by the alien and there is no other 

24 Federal, State, or local government employee available 

25 who is able to interpret effectively, accurately, and impar26 tially. 


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1 (d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 

2 Recordings of interviews of aliens subject to expedited re3 moval shall be included in the record of proceeding and 

4 shall be considered as evidence in any further proceedings 

5 involving the alien. 

6 (e) NO PRIVATE RIGHT OF ACTION.—Nothing in this 

7 section shall be construed to create any right, benefit, 

8 trust, or responsibility, whether substantive or procedural, 

9 enforceable in law or equity by a party against the United 

10 States, its departments, agencies, instrumentalities, enti11 ties, officers, employees, or agents, or any person, nor does 

12 this section create any right of review in any administra13 tive, judicial, or other proceeding. 

14 SEC. 604. SAFE THIRD COUNTRY. 

15 Section 208(a)(2)(A) of the Immigration and Nation16 ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 

17 (1) by striking ‘‘Attorney General’’ and insert18 ing ‘‘Secretary of Homeland Security’’; and 

19 (2) by striking ‘‘removed, pursuant to a bilat20 eral or multilateral agreement, to’’ and inserting 

21 ‘‘removed to’’. 


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1 TITLE VII—MISCELLANEOUS 

2 SEC. 701. SUSPENSION OF EFFECTIVENESS OF CERTAIN 

3 LAWS. 

4 (a) WAIVER OF INADMISSIBILITY OF ALIENS UNLAW5 FULLY PRESENT.—Section 212(a)(9)(B)(v) of the Immi6 gration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(v)) 

7 is suspended during the period beginning on the date of 

8 the enactment of this Act and ending on January 20, 

9 2017. 

10 (b) DESIGNATION FOR TEMPORARY PROTECTED

11 STATUS.—No foreign state may be designated or redesig12 nated under section 244(b) of the Immigration and Na13 tionality Act (8 U.S.C. 1254a(b)) during the period begin14 ning on the date of the enactment of this Act and ending 

15 on January 20, 2017. The preceding sentence shall not 

16 be construed to affect any extension of a designation 

17 under paragraph (3)(C) of such section, if the designation 

18 was made prior to the date of the enactment of this Act. 

19 SEC. 702. TEMPORARY PROTECTED STATUS REFORM. 

20 Section 244 of the Immigration and Nationality Act 

21 (8 U.S.C. 1254a) is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (3), by striking subpara24 graphs (B) and (C) and redesignating subpara25 graph (D) as subparagraph (B); and 


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1 (B) in paragraph (5), by striking ‘‘to deny 

2 temporary protected status to an alien based on 

3 the alien’s immigration status or’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (3)— 

6 (i) in subparagraph (A), by striking ‘‘, 

7 and any extended period of designation,’’; 

8 (ii) in subparagraph (B), by striking 

9 ‘‘or, if later, the expiration of the most re10 cent previous extension under subpara11 graph (C)’’; and 

12 (iii) in subparagraph (C), by striking 

13 ‘‘is extended for’’ and all that follows, and 

14 inserting ‘‘may be extended for one addi15 tional period of up to 18 months, in the 

16 discretion of the Attorney General.’’; and 

17 (B) in paragraph (5)(B), by striking the 

18 second sentence; 

19 (3) in subsection (c)(1)(A)— 

20 (A) in clause (iii), by striking ‘‘and’’ at the 

21 end; 

22 (B) in clause (iv), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

24 (C) by adding after clause (iv) the fol25 lowing: 


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1 ‘‘(v) the alien had lawful immigration 

2 status in the United States on the effective 

3 date of the most recent designation of that 

4 state.’’; and 

5 (4) in subsection (g), by striking ‘‘aliens who 

6 are or may become otherwise deportable or have 

7 been paroled into the United States’’ and inserting 

8 ‘‘aliens who may become otherwise deportable’’. 

Æ 


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