II 

118TH CONGRESS 

1ST SESSION S. 1392 

To amend the Immigration and Nationality Act to provide for the adjustment 

of status of essential workers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 1, 2023 

Mr. PADILLA (for himself, Mr. DURBIN, Mr. LUJA ́N, Mr. BOOKER, Mrs. 

GILLIBRAND, Mr. MARKEY, Mr. BLUMENTHAL, Mr. WHITEHOUSE, Ms. 

WARREN, Mr. SANDERS, Ms. HIRONO, Ms. SMITH, and Ms. 

DUCKWORTH) 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 to provide 

for the adjustment of status of essential workers, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Citizenship for Essen5 tial Workers Act’’. 


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1 SEC. 2. ADJUSTMENT OF STATUS OF ESSENTIAL WORKERS. 

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

4 amended by inserting after section 245A, the following: 

5 ‘‘SEC. 245B. ADJUSTMENT OF STATUS FOR ESSENTIAL 

6 WORKERS. 

7 ‘‘(a) ADJUSTMENT OF STATUS FOR ESSENTIAL

8 WORKERS.—Notwithstanding any other provision of law, 

9 the Secretary of Homeland Security (referred to in this 

10 section as the ‘Secretary’) or the Attorney General shall 

11 adjust to the status of an alien lawfully admitted for per12 manent residence— 

13 ‘‘(1) an alien who— 

14 ‘‘(A) satisfies the eligibility requirements 

15 set forth in subsection (b); and 

16 ‘‘(B) submits an application and satisfies 

17 the criminal and national security background 

18 checks and payment of applicable fees pursuant 

19 to the procedures set forth in subsection (d); 

20 and 

21 ‘‘(2) the parents, spouse, sons, and daughters 

22 of such alien. 

23 ‘‘(b) ELIGIBILITY.—An alien applying for status 

24 under subsection (a) shall satisfy the following require25 ments: 


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1 ‘‘(1) ALIENS WORKING IN CERTAIN SECTORS, 

2 INDUSTRIES, AND OCCUPATIONS.—Except as pro3 vided in paragraph (2), the alien shall have, at any 

4 point during the period described in subsection (i), 

5 earned income for work in any of the following pri6 vate, public, or nonprofit sectors, industries, or occu7 pations: 

8 ‘‘(A) Health care. 

9 ‘‘(B) Emergency response. 

10 ‘‘(C) Sanitation. 

11 ‘‘(D) Restaurant ownership, food prepara12 tion, vending, catering, food packaging, food 

13 services, or delivery. 

14 ‘‘(E) Hotel or retail. 

15 ‘‘(F) Fish, poultry, and meat processing 

16 work. 

17 ‘‘(G) Agricultural work, including labor 

18 that is seasonal in nature. 

19 ‘‘(H) Commercial or residential land20 scaping. 

21 ‘‘(I) Commercial or residential construction 

22 or renovation. 

23 ‘‘(J) Housing, residential, and commercial 

24 construction related activities or public works 

25 construction. 


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1 ‘‘(K) Domestic work in private households, 

2 including child care, home care, or house clean3 ing. 

4 ‘‘(L) Natural disaster recovery, disaster re5 construction, and related construction. 

6 ‘‘(M) Home and community-based work, 

7 including— 

8 ‘‘(i) home health care; 

9 ‘‘(ii) residential care; 

10 ‘‘(iii) assistance with activities of daily 

11 living; 

12 ‘‘(iv) any service provided by direct 

13 care workers (as defined in section 799B 

14 of the Public Health Service Act (42 

15 U.S.C. 295p)), personal care aides, job 

16 coaches, or supported employment pro17 viders; and 

18 ‘‘(v) any other provision of care to in19 dividuals in their homes by direct service 

20 providers, personal care attendants, and 

21 home health aides. 

22 ‘‘(N) Family care, including child care 

23 services, in-home child care services such as 

24 nanny services, and care services provided by 

25 family members to other family members. 


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1 ‘‘(O) Manufacturing. 

2 ‘‘(P) Warehousing. 

3 ‘‘(Q) Transportation or logistics. 

4 ‘‘(R) Janitorial. 

5 ‘‘(S) Laundromat and dry-cleaning opera6 tors. 

7 ‘‘(T) Any other work performed by ‘essen8 tial critical infrastructure workers’, as described 

9 in the memorandum of the Department of 

10 Homeland Security entitled ‘Advisory Memo11 randum on Ensuring Essential Critical Infra12 structure Workers Ability to Work During the 

13 COVID–19 Response’, which was originally 

14 issued by the Director of the Cybersecurity and 

15 Infrastructure Security Agency on March 19, 

16 2020, and last updated on August 10, 2021. 

17 ‘‘(U) Any other work that a State or local 

18 government considers to be essential during the 

19 emergency referred to in subsection (i). 

20 ‘‘(2) CERTAIN OTHER ELIGIBLE ALIENS.—An 

21 alien not described in paragraph (1)— 

22 ‘‘(A) shall— 

23 ‘‘(i)(I) have earned income in any sec24 tor, industry, or occupation described in 

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1 riod described in subsection (i) but was un2 able to continue that work through no 

3 fault of the alien, including because the 

4 working conditions posed a high degree of 

5 risk to the alien’s health and safety; and 

6 ‘‘(II) have been seeking to resume 

7 work in any such sector, industry, or occu8 pation; 

9 ‘‘(B) is the surviving parent, spouse, son, 

10 or daughter of an alien who— 

11 ‘‘(i) performed any service or labor for 

12 remuneration in any sector, industry, or 

13 occupation described in that paragraph on 

14 any date during the period described in 

15 subsection (i); and 

16 ‘‘(ii) died due to COVID–19; or 

17 ‘‘(C) is the parent, spouse, son, or daugh18 ter of a member of the Armed Forces, including 

19 the National Guard. 

20 ‘‘(3) PHYSICAL PRESENCE.— 

21 ‘‘(A) DATE OF SUBMITTAL OF APPLICA22 TION.—The alien shall be physically present in 

23 the United States on the date on which the ap24 plication is submitted. 

25 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), the alien shall have 

3 been continuously physically present in the 

4 United States beginning on January 1, 

5 2023, and ending on the date on which the 

6 application is approved. 

7 ‘‘(ii) EXCEPTIONS.— 

8 ‘‘(I) AUTHORIZED ABSENCE.—An 

9 alien who departed temporarily from 

10 the United States shall not be consid11 ered to have failed to maintain contin12 uous physical presence in the United 

13 States during any period of travel 

14 that was authorized by the Secretary. 

15 ‘‘(II) BRIEF, CASUAL, AND INNO16 CENT ABSENCES.— 

17 ‘‘(aa) IN GENERAL.—An 

18 alien who departed temporarily 

19 from the United States shall not 

20 be considered to have failed to 

21 maintain continuous physical 

22 presence in the United States if 

23 the alien’s absences from the 

24 United States are brief, casual, 

25 and innocent, whether or not 


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1 such absences were authorized by 

2 the Secretary. 

3 ‘‘(bb) ABSENCES MORE

4 THAN 180 DAYS.—For purposes 

5 of this clause, an absence of more 

6 than 180 days, in the aggregate, 

7 during a calendar year shall not 

8 be considered brief, unless the 

9 Secretary finds that the length of 

10 the absence was due to cir11 cumstances beyond the alien’s 

12 control, including the serious ill13 ness of the alien, death or serious 

14 illness of a spouse, parent, 

15 grandparent, grandchild, sibling, 

16 son, or daughter of the alien, or 

17 due to international travel re18 strictions. 

19 ‘‘(iii) EFFECT OF NOTICE TO AP20 PEAR.—Issuance of a notice to appear 

21 under section 239(a) shall not be consid22 ered to interrupt the continuity of an 

23 alien’s continuous physical presence in the 

24 United States. 

25 ‘‘(c) GROUNDS FOR INELIGIBILITY.— 


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1 ‘‘(1) CERTAIN GROUNDS OF INADMIS2 SIBILITY.— 

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (B), an alien shall be ineligible for status 

5 under this section if the alien— 

6 ‘‘(i) is inadmissible under paragraph 

7 (2), (3), (6)(E), (8), (10)(C), or (10)(E) of 

8 section 212(a); 

9 ‘‘(ii) has been convicted of a felony of10 fense (excluding any offense under State 

11 law for which an essential element in the 

12 alien’s immigration status); or 

13 ‘‘(iii) has been convicted of 3 or more 

14 misdemeanor offenses (excluding simple 

15 possession of cannabis or cannabis-related 

16 paraphernalia, any offense involving can17 nabis or cannabis-related paraphernalia 

18 that is no longer prosecutable in the State 

19 in which the conviction was entered, any 

20 offense under State law for which an es21 sential element is the alien’s immigration 

22 status, any offense involving civil disobe23 dience without violence, and any minor 

24 traffic offense) not occurring on the same 


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1 date, and not arising out of the same act, 

2 omission, or scheme of misconduct. 

3 ‘‘(B) WAIVERS.— 

4 ‘‘(i) IN GENERAL.—For purposes of 

5 subparagraph (A), the Secretary may, for 

6 humanitarian purposes, family unity, or if 

7 otherwise in the public interest— 

8 ‘‘(I) waive inadmissibility 

9 under— 

10 ‘‘(aa) subparagraphs (A), 

11 (C), and (D) of section 

12 212(a)(2); and 

13 ‘‘(bb) paragraphs (6)(E), 

14 (8), (10)(C), and (10)(E) of such 

15 section; 

16 ‘‘(II) waive ineligibility under 

17 subparagraph (A)(ii) (excluding of18 fenses described in section 

19 101(a)(43)(A)) or inadmissibility 

20 under subparagraph (B) of section 

21 212(a)(2) if the alien has not been 

22 convicted of any offense during the 

23 10-year period preceding the date on 

24 which the alien applies for status 

25 under this section; and 


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1 ‘‘(III) for purposes of subpara2 graph (A)(iii), waive consideration 

3 of— 

4 ‘‘(aa) 1 misdemeanor offense 

5 if, during the 5-year period pre6 ceding the date on which the 

7 alien applies for status under this 

8 section the alien has not been 

9 convicted of any offense; or 

10 ‘‘(bb) 2 misdemeanor of11 fenses if, during the 10-year pe12 riod preceding such date, the 

13 alien has not been convicted of 

14 any offense. 

15 ‘‘(ii) CONSIDERATIONS.—In making a 

16 determination under subparagraph (B), 

17 the Secretary of Homeland Security or the 

18 Attorney General shall consider all miti19 gating and aggravating factors, includ20 ing— 

21 ‘‘(I) the severity of the under22 lying circumstances, conduct, or viola23 tion; 

24 ‘‘(II) the duration of the alien’s 

25 residence in the United States; 


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1 ‘‘(III) evidence of rehabilitation, 

2 if applicable; and 

3 ‘‘(IV) the extent to which the 

4 alien’s removal, or the denial of the 

5 alien’s application, would adversely af6 fect the alien or the alien’s United 

7 States citizen or lawful permanent 

8 resident family members. 

9 ‘‘(2) ALIENS IN CERTAIN IMMIGRATION

10 STATUSES.—An alien shall be ineligible for adjust11 ment of status under this section if, on January 1, 

12 2023, the alien was any of the following: 

13 ‘‘(A) An alien lawfully admitted for perma14 nent residence. 

15 ‘‘(B) An alien admitted as a refugee under 

16 section 207 or granted asylum under section 

17 208. 

18 ‘‘(C) An alien who, according to the 

19 records of the Secretary or the Secretary of 

20 State, was in a period of authorized stay in a 

21 nonimmigrant status described in section 

22 101(a)(15), other than— 

23 ‘‘(i) the spouse, son, or daughter of an 

24 alien who is eligible for status under this 

25 section; 


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1 ‘‘(ii) an alien who is considered to be 

2 in a nonimmigrant status solely by reason 

3 of section 702 of the Consolidated Natural 

4 Resources Act of 2008 (Public Law 110– 

5 229; 122 Stat. 854) or section 244(f)(4) of 

6 this Act; 

7 ‘‘(iii) a nonimmigrant described in 

8 section 101(a)(15)(H)(ii); and 

9 ‘‘(iv) a nonimmigrant who is described 

10 in subsection (b). 

11 ‘‘(D) An alien paroled into the Common12 wealth of the Northern Mariana Islands or 

13 Guam who did not reside in the Commonwealth 

14 or Guam on November 28, 2009. 

15 ‘‘(3) CERTAIN ALIENS OUTSIDE THE UNITED

16 STATES AND UNLAWFUL REENTRANTS.—An alien 

17 shall be ineligible for adjustment of status under 

18 this section if the alien— 

19 ‘‘(A) departed the United States while sub20 ject to an order of exclusion, deportation, re21 moval, or voluntary departure; and 

22 ‘‘(B)(i) was outside the United States on 

23 January 1, 2023; or 

24 ‘‘(ii) reentered the United States unlaw25 fully after January 1, 2023. 


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1 ‘‘(d) APPLICATION.— 

2 ‘‘(1) FEE.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall, 

4 subject to an exemption under subparagraph 

5 (B), require an alien applying for adjustment of 

6 status under this section to pay a reasonable 

7 fee commensurate with the cost of processing 

8 the application. 

9 ‘‘(B) EXEMPTIONS.—An applicant may, in 

10 the discretion of the Secretary, be exempted 

11 from paying an application fee required under 

12 this paragraph if the applicant— 

13 ‘‘(i) received total income, during the 

14 1-year period immediately preceding the 

15 date on which the applicant files an appli16 cation under this section, that is less than 

17 250 percent of the Federal poverty line; 

18 ‘‘(ii) is younger than 21 years of age; 

19 ‘‘(iii) is in foster care or is a juvenile 

20 who lacks any parental or other familial 

21 support; or 

22 ‘‘(iv) cannot care for himself or her23 self because of a serious disability. 


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1 ‘‘(C) INSTALLMENTS.—The Secretary may 

2 allow applicants to pay the fee under this para3 graph in installments. 

4 ‘‘(2) BACKGROUND CHECKS.—The Secretary 

5 may not grant an alien permanent resident status 

6 under this section until a background check has 

7 been completed. 

8 ‘‘(3) WITHDRAWAL OF APPLICATION.— 

9 ‘‘(A) IN GENERAL.—On receipt of a re10 quest to withdraw an application under this sec11 tion, the Secretary shall cease processing of the 

12 application and close the case. 

13 ‘‘(B) EFFECT OF WITHDRAWAL.—With14 drawal of such an application shall not preju15 dice any future application filed by the appli16 cant for any immigration benefit under this 

17 Act. 

18 ‘‘(e) EMPLOYER REQUIREMENTS.— 

19 ‘‘(1) IN GENERAL.—On request, an employer, 

20 the agent of an employer, or any person who pro21 vides compensation directly or indirectly to a worker 

22 for labor or service, shall provide a worker with doc23 uments that will assist the worker’s filing of an ap24 plication under subsection (d). 


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1 ‘‘(2) EFFECT OF DELAY OR NONCOMPLIANCE.— 

2 With respect to a request described in paragraph 

3 (1), delay or noncompliance on the part of an em4 ployer, the agent of an employer, or the person who 

5 provides compensation directly or indirectly shall re6 sult in an escalating fine that accrues for the dura7 tion of the delay or noncompliance. 

8 ‘‘(f) EMPLOYER PROTECTIONS.—No part of an 

9 alien’s application or request for documents under sub10 section (e) shall be used as evidence regarding an employ11 er’s or any other person’s hiring, employment, or contin12 ued employment of an alien described in subsection (b) 

13 for purposes of demonstrating a violation of section 

14 274A(a) of the Immigration and Nationality Act (8 U.S.C. 

15 1324a(a)) so long as the employer or other person has 

16 complied with such subsection (e). 

17 ‘‘(g) WORKER PROTECTIONS.— 

18 ‘‘(1) IN GENERAL.—An employer, the agent of 

19 an employer, or any person who provides compensa20 tion directly or indirectly to a worker for labor or 

21 service shall not take an adverse action against a 

22 worker based on a request made by the worker in 

23 good faith for documents or information to support 

24 an application for adjustment of status under this 

25 section. 


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1 ‘‘(2) PRESUMPTION.— 

2 ‘‘(A) IN GENERAL.—If any person or enti3 ty described in paragraph (1) takes an adverse 

4 action against such a worker within 90 days of 

5 the worker’s request for such documentation or 

6 information, such conduct shall raise a pre7 sumption that the adverse action was carried 

8 out in— 

9 ‘‘(i) response to such request; and 

10 ‘‘(ii) in violation of this subsection. 

11 ‘‘(B) REBUTTAL.—The presumption under 

12 subparagraph (A) may be rebutted by clear and 

13 convincing evidence that the adverse action was 

14 taken for other permissible reasons. 

15 ‘‘(3) CIVIL ACTION.—A worker may bring a 

16 civil action in a Federal or State court of competent 

17 jurisdiction against any person or entity described in 

18 paragraph (1) that violates this subsection to seek 

19 such legal or equitable relief as may be appropriate, 

20 including reinstatement, promotion, the payment of 

21 wages lost, an additional equal amount as liquidated 

22 damages, and punitive damages. An action com23 menced under this paragraph may be commenced 

24 within 2 years after the cause of action accrued. In 

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1 ceeding to enforce such a judgment, the court shall 

2 award reasonable attorney’s fees and costs to the 

3 prevailing plaintiff. 

4 ‘‘(h) CLARIFICATION.—Nothing in this section shall 

5 be construed to require an alien described in subsection 

6 (b) to appear before an agent of the Department of Home7 land Security or any other Federal agency for an inter8 view. 

9 ‘‘(i) PERIOD DESCRIBED.—The period described in 

10 this subsection is the period beginning on the first day 

11 of the public health emergency declared by the Secretary 

12 of Health and Human Services under section 319 of the 

13 Public Health Service Act (42 U.S.C. 247d) with respect 

14 to COVID–19. 

15 ‘‘(j) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

16 DATA.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) IN GENERAL.—The Secretary may 

19 not grant an alien adjustment of status under 

20 this section unless the alien submits biometric 

21 and biographic data, in accordance with proce22 dures established by the Secretary. 

23 ‘‘(B) ALTERNATIVE PROCEDURE.—The 

24 Secretary shall provide an alternative procedure 

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1 metric or biographic data due to a physical or 

2 mental impairment or bona fide religious objec3 tion. 

4 ‘‘(2) BACKGROUND CHECKS.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 use biometric and biographic data— 

7 ‘‘(i) to conduct security and law en8 forcement background checks; and 

9 ‘‘(ii) to determine whether there is 

10 any criminal, national security, or other 

11 factor that would render the alien ineligible 

12 for adjustment of status under this section. 

13 ‘‘(B) COMPLETION REQUIRED.— 

14 ‘‘(i) IN GENERAL.—The status of an 

15 alien may not be adjusted under this sec16 tion unless security and law enforcement 

17 background checks are completed to the 

18 satisfaction of the Secretary. 

19 ‘‘(ii) TIMELINE.— 

20 ‘‘(I) IN GENERAL.—Except as 

21 provided in subclause (II), the secu22 rity and law enforcement background 

23 checks required by this paragraph 

24 shall be completed within 60 days. 


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1 ‘‘(II) EXTENSION FOR GOOD

2 CAUSE.—The Secretary may extend 

3 the timeline under subclause (I) for 

4 good cause and, in the case of such an 

5 extension, shall communicate the 

6 delay to the applicant. 

7 ‘‘(k) ADJUDICATION.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall evalu9 ate each application filed pursuant to this section to 

10 determine whether the alien meets all applicable re11 quirements. 

12 ‘‘(2) ADJUSTMENT OF STATUS IF FAVORABLE

13 DETERMINATION.—If the Secretary determines that 

14 the alien meets the requirements under this section, 

15 the Secretary shall— 

16 ‘‘(A) notify the alien of such determina17 tion; and 

18 ‘‘(B) adjust the status of the alien to that 

19 of an alien lawfully admitted for permanent res20 idence, effective as of the date of such deter21 mination. 

22 ‘‘(3) ADVERSE DETERMINATION.—If the Sec23 retary determines that the alien does not meet the 

24 requirements for status under this section, the Sec25 retary shall notify the alien of such determination. 


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1 ‘‘(l) ALIENS ORDERED REMOVED.— 

2 ‘‘(1) IN GENERAL.—An alien present in the 

3 United States who has been ordered removed or has 

4 been permitted to depart voluntarily from the United 

5 States, notwithstanding such order or permission to 

6 depart, may apply for adjustment of status under 

7 this section. 

8 ‘‘(2) OPPORTUNITY TO APPLY.— 

9 ‘‘(A) IN GENERAL.—An alien who appears 

10 to be prima facie eligible for relief under this 

11 section shall be given a reasonable opportunity 

12 to apply for such relief and shall not be re13 moved until a final decision establishing ineligi14 bility for relief is rendered. 

15 ‘‘(B) MOTION NOT REQUIRED.—Such alien 

16 shall not be required to file a separate motion 

17 to reopen, reconsider, or vacate the order of re18 moval. 

19 ‘‘(C) EFFECT OF APPROVAL.—If the Sec20 retary approves the application, the Secretary 

21 or the Attorney General shall vacate the order 

22 of removal and terminate any removal pro23 ceedings. 

24 ‘‘(D) EFFECT OF DENIAL.—If the Sec25 retary renders a final administrative decision to 


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1 deny the application, the order of removal or 

2 permission to depart shall be effective and en3 forceable to the same extent as if the applica4 tion had not been made, but only after all avail5 able administrative and judicial remedies have 

6 been exhausted. 

7 ‘‘(m) ADVANCE PAROLE.— 

8 ‘‘(1) IN GENERAL.—During the period begin9 ning on the date on which an alien applies for ad10 justment of status under this section and ending on 

11 the date on which the Secretary makes a final deci12 sion regarding such application, the alien shall be el13 igible to apply for advance parole based on any rea14 sonable need to travel. 

15 ‘‘(2) APPLICABILITY.—Section 101(g) of the 

16 Immigration and Nationality Act (8 U.S.C. 1101(g)) 

17 shall not apply to an alien granted advance parole 

18 under this subsection. 

19 ‘‘(n) EMPLOYMENT AUTHORIZATION.— 

20 ‘‘(1) IN GENERAL.— 

21 ‘‘(A) IN GENERAL.—An alien whose re22 moval is stayed pursuant to this section or who 

23 has a pending application under this section 

24 shall, on application to the Secretary, be grant25 ed an employment authorization document. 


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1 ‘‘(B) TIMELINE FOR ISSUANCE.— 

2 ‘‘(i) IN GENERAL.—Except as pro3 vided in clause (ii), an employment author4 ization document shall be issued within 30 

5 days. 

6 ‘‘(ii) EXTENSION FOR GOOD CAUSE.— 

7 The Secretary may extend the timeline 

8 under clause (ii) for good cause and, in the 

9 case of such an extension, shall commu10 nicate the delay to the applicant. 

11 ‘‘(2) RECEIPT OF APPLICATION.— 

12 ‘‘(A) IN GENERAL.—As soon as practicable 

13 after receiving an application for status under 

14 this section, the Secretary shall provide the ap15 plicant with a document acknowledging receipt 

16 of such application. 

17 ‘‘(B) EVIDENCE OF EMPLOYMENT AU18 THORIZATION.—A document issued under sub19 paragraph (A) shall— 

20 ‘‘(i) serve as interim evidence of the 

21 alien’s authorization to accept employment 

22 in the United States; and 

23 ‘‘(ii) be accepted by an employer as 

24 evidence of employment authorization 


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1 under section 274A(b)(1)(C) pending a 

2 final decision on the application. 

3 ‘‘(o) EXEMPTION FROM NUMERICAL LIMITATION.— 

4 Nothing in this section or in any other law may be con5 strued— 

6 ‘‘(1) to limit the number of aliens who may be 

7 granted permanent resident status under this sec8 tion; or 

9 ‘‘(2) to count against any other numerical limi10 tation under this Act. 

11 ‘‘(p) ADMINISTRATIVE REVIEW.— 

12 ‘‘(1) EXCLUSIVE ADMINISTRATIVE REVIEW.— 

13 Administrative review of a determination with re14 spect to an application for status under this section 

15 shall be conducted solely in accordance with this 

16 subsection. 

17 ‘‘(2) ADMINISTRATIVE APPELLATE REVIEW.— 

18 ‘‘(A) ESTABLISHMENT OF ADMINISTRA19 TIVE APPELLATE AUTHORITY.—The Secretary 

20 shall establish or designate an appellate author21 ity to provide for a single level of administrative 

22 appellate review of determinations with respect 

23 to applications for, and revocations of, status 

24 under this section. 


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1 ‘‘(B) SINGLE APPEAL FOR EACH ADMINIS2 TRATIVE DECISION.— 

3 ‘‘(i) IN GENERAL.—An alien in the 

4 United States whose application for status 

5 under this section has been denied or 

6 whose status under this section has been 

7 revoked may file with the Secretary not 

8 more than 1 appeal of each such decision. 

9 ‘‘(ii) CHANGED CIRCUMSTANCE.—On 

10 a showing of changed circumstances, the 

11 Secretary may waive the numerical limita12 tion under clause (i). 

13 ‘‘(iii) NOTICE OF APPEAL.— 

14 ‘‘(I) IN GENERAL.—A notice of 

15 appeal filed under this paragraph 

16 shall be filed not later than 90 days 

17 after the date of service of the denial 

18 or revocation, unless the delay beyond 

19 the 90-day period is reasonably justifi20 able. 

21 ‘‘(II) WAIVER.—On showing that 

22 the delay was reasonably justifiable, 

23 the Secretary may waive the time lim24 itation described in subclause (I). 


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1 ‘‘(III) SERVICE.—Service of a 

2 notice of appeal under this clause 

3 shall be provided in English, Spanish, 

4 and any other language that the alien 

5 concerned is known to understand, 

6 and shall be made upon counsel of 

7 record. 

8 ‘‘(C) REVIEW BY SECRETARY.—Nothing in 

9 this paragraph may be construed to limit the 

10 authority of the Secretary to certify appeals for 

11 review and final administrative decision. 

12 ‘‘(D) DENIAL OF PETITIONS FOR DEPEND13 ENTS.—A decision to deny, or revoke the ap14 proval of, a petition filed by an alien to classify 

15 a spouse, son, daughter, or child of the alien as 

16 the spouse, son, daughter, or child for purposes 

17 of status under this section may be appealed 

18 under this paragraph. 

19 ‘‘(E) RECORD FOR REVIEW.—Administra20 tive appellate review under this paragraph shall 

21 be de novo and based solely upon— 

22 ‘‘(i) the administrative record estab23 lished at the time of the determination on 

24 the application; and 


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1 ‘‘(ii) any additional newly discovered 

2 or previously unavailable evidence. 

3 ‘‘(3) STAY OF REMOVAL.—An alien seeking ad4 ministrative review of a denial, or revocation of ap5 proval, of an application under this section shall not 

6 be removed from the United States before a final de7 cision is rendered establishing ineligibility for lawful 

8 permanent residence. 

9 ‘‘(q) INFORMATION PRIVACY.— 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (3), no officer or employee of the United 

12 States may— 

13 ‘‘(A) disclose (directly or indirectly, includ14 ing through inclusion in a database), access, or 

15 use the information provided by an alien pursu16 ant to an application filed under this section 

17 (including information provided during adminis18 trative or judicial review) for the purpose of im19 migration enforcement, including the initiation 

20 of removal proceedings; or 

21 ‘‘(B) publish any information provided 

22 pursuant to an application under this section. 

23 ‘‘(2) REFERRALS PROHIBITED.—The Secretary, 

24 based solely on information provided in an applica25 tion for adjustment of status under this section (inVerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392

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•S 1392 IS

1 cluding information provided during administrative 

2 or judicial review) or an application for deferred ac3 tion pursuant to the memorandum of the Depart4 ment of Homeland Security entitled ‘Exercising 

5 Prosecutorial Discretion with Respect to Individuals 

6 Who Came to the United States as Children’ issued 

7 on June 15, 2020, may not refer an applicant to 

8 U.S. Immigration and Customs Enforcement, U.S. 

9 Customs and Border Protection, or any designee of 

10 either such entity. 

11 ‘‘(3) REQUIRED DISCLOSURE.—Notwith12 standing paragraph (1), the Attorney General or the 

13 Secretary shall provide the information provided in 

14 an application under this section, and any other in15 formation derived from such information, to an offi16 cial coroner for purposes of affirmatively identifying 

17 a deceased individual (whether or not such individual 

18 is deceased as a result of a crime). 

19 ‘‘(4) PENALTY.—Whoever knowingly uses, pub20 lishes, or permits information to be examined in vio21 lation of this subsection shall be fined not more than 

22 $50,000. 

23 ‘‘(5) SAFEGUARDS.—The Secretary shall re24 quire appropriate administrative and physical safe25 guards to protect against direct and indirect discloVerDate Sep 11 2014 22:29 May 09, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392

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1 sure, access, and uses of information that violate 

2 this subsection. 

3 ‘‘(6) ASSESSMENTS.—Not less frequently than 

4 annually, the Secretary shall conduct an assessment 

5 that, for the preceding calendar year— 

6 ‘‘(A) analyzes the effectiveness of the safe7 guards described in paragraph (5); 

8 ‘‘(B) determines the number of authorized 

9 disclosures under paragraph (3) made; and 

10 ‘‘(C) determines the number of disclosures 

11 prohibited under paragraphs (1) and (2) made. 

12 ‘‘(r) ELIGIBILITY FOR OTHER STATUSES.—An 

13 alien’s eligibility to be lawfully admitted for permanent 

14 residence under this section shall not preclude the alien 

15 from seeking any status under any other provision of law 

16 for which the alien may otherwise be eligible. 

17 ‘‘(s) EFFECT OF FAILURE TO COMPLY WITH RE18 MOVAL ORDER.—Failure to comply with 1 or more re19 moval orders or voluntary departure agreements for acts 

20 committed before the date of the enactment of this section 

21 shall not affect the eligibility of an alien to apply for a 

22 benefit under this section.’’. 

23 (b) JUDICIAL REVIEW.—Section 242 of the Immigra24 tion and Nationality Act (8 U.S.C. 1252) is amended— 

25 (1) in subsection (a)(2)— 


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•S 1392 IS

1 (A) in subparagraph (B), by inserting ‘‘the 

2 exercise of discretion specified under this title 

3 arising under’’ after ‘‘no court shall have juris4 diction to review’’; 

5 (B) in subparagraph (C), by inserting ‘‘or 

6 subsection (h)’’ after ‘‘subparagraph (D)’’; and 

7 (C) in subparagraph (D)— 

8 (i) by striking ‘‘(other than in this 

9 section)’’; and 

10 (ii) by striking ‘‘raised upon a petition 

11 for review filed with an appropriate court 

12 of appeals in accordance with this section’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (2), in the first sentence, 

15 by inserting ‘‘or, in the case of a decision ren16 dered under subsection (c), in the judicial cir17 cuit in which the petitioner resides’’ after ‘‘pro18 ceedings’’; and 

19 (B) in paragraph (9), by striking the first 

20 sentence and inserting the following: ‘‘Except as 

21 otherwise provided in this section, judicial re22 view of a determination respecting a removal 

23 order shall be available only in judicial review 

24 of a final order under this section.’’; 

25 (3) in subsection (f)— 


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•S 1392 IS

1 (A) in paragraph (1), by striking ‘‘or re2 strain the operation of’’; and 

3 (B) in paragraph (2), by inserting ‘‘after 

4 all administrative and judicial review available 

5 to the alien is complete’’ before ‘‘unless’’; and 

6 (4) by adding at the end the following: 

7 ‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINA8 TIONS RELATING TO STATUS UNDER TITLE 5.— 

9 ‘‘(1) DIRECT REVIEW.—If an alien’s application 

10 under section 245B is denied, or the approval of 

11 such application is revoked, after the exhaustion of 

12 administrative appellate review under subsection (p) 

13 of that section, the alien may seek review of such de14 cision, in accordance with chapter 7 of title 5, 

15 United States Code, in the district court of the 

16 United States for the district in which the alien re17 sides. 

18 ‘‘(2) STATUS DURING REVIEW.—During the pe19 riod in which a review described in paragraph (1) is 

20 pending— 

21 ‘‘(A) any unexpired grant of voluntary de22 parture under section 240B shall be tolled; and 

23 ‘‘(B) any order of exclusion, deportation, 

24 or removal shall automatically be stayed unless 

25 the court, in its discretion, orders otherwise. 


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•S 1392 IS

1 ‘‘(3) REVIEW AFTER REMOVAL PRO2 CEEDINGS.—An alien may seek judicial review of a 

3 denial or revocation of approval of the alien’s appli4 cation under section 245B in the appropriate court 

5 of appeals of the United States in conjunction with 

6 the judicial review of an order of removal, deporta7 tion, or exclusion if the validity of the denial or rev8 ocation has not been upheld in a prior judicial pro9 ceeding under paragraph (1). 

10 ‘‘(4) STANDARD FOR JUDICIAL REVIEW.— 

11 ‘‘(A) BASIS.—Judicial review of a denial or 

12 revocation of an approval of an application 

13 under section 245B shall be based upon the ad14 ministrative record established at the time of 

15 the review. 

16 ‘‘(B) AUTHORITY TO REMAND.—The re17 viewing court may remand a case under this 

18 subsection to the Secretary of Homeland Secu19 rity (referred to in this subsection as the ‘Sec20 retary’) for consideration of additional evidence 

21 if the court finds that— 

22 ‘‘(i) the additional evidence is mate23 rial; and 


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•S 1392 IS

1 ‘‘(ii) there were reasonable grounds 

2 for failure to adduce the additional evi3 dence before the Secretary. 

4 ‘‘(C) SCOPE OF REVIEW.—Notwithstanding 

5 any other provision of law, judicial review of all 

6 questions arising from a denial or revocation of 

7 approval of an application under section 245B 

8 shall be governed by the standard of review set 

9 forth in section 706 of title 5, United States 

10 Code. 

11 ‘‘(5) REMEDIAL POWERS.— 

12 ‘‘(A) JURISDICTION.—Notwithstanding any 

13 other provision of law, the district courts of the 

14 United States shall have jurisdiction over any 

15 cause or claim arising from a pattern or prac16 tice of the Secretary in the operation or imple17 mentation of the Citizenship for Essential 

18 Workers Act, or the amendments made by that 

19 Act, that is arbitrary, capricious, or otherwise 

20 contrary to law. 

21 ‘‘(B) SCOPE OF RELIEF.—The district 

22 courts of the United States may order any ap23 propriate relief in a clause or claim described in 

24 subparagraph (A) without regard to exhaustion, 

25 ripeness, or other standing requirements (other 


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•S 1392 IS

1 than constitutionally mandated requirements), 

2 if the court determines that— 

3 ‘‘(i) the resolution of such cause or 

4 claim will serve judicial and administrative 

5 efficiency; or 

6 ‘‘(ii) a remedy would otherwise not be 

7 reasonably available or practicable. 

8 ‘‘(6) CHALLENGES TO THE VALIDITY OF THE

9 SYSTEM.— 

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

11 paragraph (5), any claim that section 245B or 

12 any regulation, written policy, written directive, 

13 or issued or unwritten policy or practice initi14 ated by or under the authority of the Secretary 

15 to implement such section, violates the Con16 stitution of the United States or is otherwise in 

17 violation of law is available in an action insti18 tuted in a district court of the United States in 

19 accordance with the procedures prescribed in 

20 this paragraph. 

21 ‘‘(B) SAVINGS PROVISION.—Except as pro22 vided in subparagraph (C), nothing in subpara23 graph (A) may be construed to preclude an ap24 plicant under 245B from asserting that an ac25 tion taken or a decision made by the Secretary 


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•S 1392 IS

1 with respect to the applicant’s status was con2 trary to law. 

3 ‘‘(C) CLASS ACTIONS.—Any claim de4 scribed in subparagraph (A) that is brought as 

5 a class action shall be brought in conformity 

6 with— 

7 ‘‘(i) the Class Action Fairness Act of 

8 2005 (Public Law 109–2; 119 Stat. 4); 

9 and 

10 ‘‘(ii) the Federal Rules of Civil Proce11 dure. 

12 ‘‘(D) PRECLUSIVE EFFECT.—The final dis13 position of any claim brought under subpara14 graph (A) shall be preclusive of any such claim 

15 asserted by the same individual in a subsequent 

16 proceeding under this subsection. 

17 ‘‘(E) EXHAUSTION AND STAY OF PRO18 CEEDINGS.— 

19 ‘‘(i) IN GENERAL.—No claim brought 

20 under this paragraph shall require the 

21 plaintiff to exhaust administrative rem22 edies under section 245B(p). 

23 ‘‘(ii) STAY AUTHORIZED.—Nothing in 

24 this paragraph may be construed to pre25 vent the court from staying proceedings 


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•S 1392 IS

1 under this paragraph to permit the Sec2 retary to evaluate an allegation of an un3 written policy or practice or to take correc4 tive action. In determining whether to 

5 issue such a stay, the court shall take into 

6 account any harm the stay may cause to 

7 the claimant.’’. 

8 (c) RULEMAKING.— 

9 (1) IMPLEMENTATION.—Not later than 180 

10 days after the date of the enactment of this Act, the 

11 Secretary shall issue interim final rules, published in 

12 the Federal Register, implementing section 245B of 

13 the Immigration and Nationality Act, as added by 

14 this Act. 

15 (2) EFFECTIVE DATE.—Notwithstanding sec16 tion 553 of title 5, United States Code, the rules 

17 issued under this subsection shall be effective, on an 

18 interim basis, immediately upon publication, but 

19 may be subject to change and revision after public 

20 notice and opportunity for a period of public com21 ment. 

22 (3) FINAL RULES.—Not later than 180 days 

23 after the date of publication under paragraph (2), 

24 the Secretary shall finalize the interim rules. 


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•S 1392 IS

1 (d) RULE OF CONSTRUCTION.—Section 244(h) of the 

2 Immigration and Nationality Act (8 U.S.C. 1254a(h)) 

3 may not be construed to limit the authority of the Sec4 retary to adjust the status of an alien under section 245B 

5 of the Immigration and Nationality Act, as added by this 

6 Act. 

7 (e) ELIGIBILITY FOR SERVICES.—Section 504(a)(11) 

8 of the Omnibus Consolidated Rescissions and Appropria9 tions Act of 1996 (Public Law 104–134; 110 Stat. 1321– 

10 54) shall not be construed to prevent a recipient of funds 

11 under title X of the Economic Opportunity Act of 1964 

12 (42 U.S.C. 2996 et seq.) from providing legal assistance 

13 directly related to an application for status under section 

14 245B of the Immigration and Nationality Act, as added 

15 by this Act, or to an alien granted such status. 

16 (f) TECHNICAL AND CONFORMING AMENDMENT.— 

17 The table of contents for the Immigration and Nationality 

18 Act (8 U.S.C. 1101 et seq.) is amended by inserting after 

19 the item relating to section 245A the following: 

‘‘Sec. 245B. Adjustment of status for essential workers.’’. 

20 SEC. 3. RESTORING FAIRNESS TO ADJUDICATIONS. 

21 (a) WAIVER OF GROUNDS OF INADMISSIBILITY.— 

22 Section 212 of the Immigration and Nationality Act (8 

23 U.S.C. 1182) is amended by inserting after subsection (b) 

24 the following: 


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•S 1392 IS

1 ‘‘(c) HUMANITARIAN, FAMILY UNITY, AND PUBLIC

2 INTEREST WAIVER.— 

3 ‘‘(1) IN GENERAL.—Notwithstanding any other 

4 provision of law, except section 245B(c)(1)(B), the 

5 Secretary of Homeland Security or the Attorney 

6 General may waive the operation of any 1 or more 

7 grounds of inadmissibility under this section (exclud8 ing inadmissibility under subsection (a)(3)) for any 

9 purpose, including eligibility for relief from re10 moval— 

11 ‘‘(A) for humanitarian purposes; 

12 ‘‘(B) to ensure family unity; or 

13 ‘‘(C) if a waiver is otherwise in the public 

14 interest. 

15 ‘‘(2) CONSIDERATIONS.—In making a deter16 mination under paragraph (1), the Secretary of 

17 Homeland Security or the Attorney General shall 

18 consider all mitigating and aggravating factors, in19 cluding— 

20 ‘‘(A) the severity of the underlying cir21 cumstances, conduct, or violation; 

22 ‘‘(B) the duration of the alien’s residence 

23 in the United States; 

24 ‘‘(C) evidence of rehabilitation, if applica25 ble; and 


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•S 1392 IS

1 ‘‘(D) the extent to which the alien’s re2 moval, or the denial of the alien’s application, 

3 would adversely affect the alien or the alien’s 

4 United States citizen or lawful permanent resi5 dent family members.’’. 

6 (b) WAIVER OF GROUNDS OF DEPORTABILITY.—Sec7 tion 237(a) of the Immigration and Nationality Act (8 

8 U.S.C. 1227(a)) is amended by adding at the end the fol9 lowing: 

10 ‘‘(8) HUMANITARIAN, FAMILY UNITY, AND PUB11 LIC INTEREST WAIVER.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding any 

13 other provision of law, except section 

14 245B(c)(1)(B), the Secretary of Homeland Se15 curity or the Attorney General may waive the 

16 operation of any 1 or more grounds of deport17 ability under this subsection (excluding deport18 ability under paragraph (2)(A)(iii) based on a 

19 conviction described in section 101(a)(43)(A) 

20 and deportability under paragraph (4)) for any 

21 purpose, including eligibility for relief from re22 moval— 

23 ‘‘(i) for humanitarian purposes; 

24 ‘‘(ii) to ensure family unity; or 


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•S 1392 IS

1 ‘‘(iii) if a waiver is otherwise in the 

2 public interest. 

3 ‘‘(B) CONSIDERATIONS.—In making a de4 termination under subparagraph (A), the Sec5 retary of Homeland Security or the Attorney 

6 General shall consider all mitigating and aggra7 vating factors, including— 

8 ‘‘(i) the severity of the underlying cir9 cumstances, conduct, or violation; 

10 ‘‘(ii) the duration of the alien’s resi11 dence in the United States; 

12 ‘‘(iii) evidence of rehabilitation, if ap13 plicable; and 

14 ‘‘(iv) the extent to which the alien’s 

15 removal, or the denial of the alien’s appli16 cation, would adversely affect the alien or 

17 the alien’s United States citizen or lawful 

18 permanent resident family members.’’. 

19 (c) REPEAL OF 3-YEAR, 10-YEAR, AND PERMANENT

20 BARS.—Section 212(a)(9) of the Immigration and Nation21 ality Act (8 U.S.C. 1182(a)(9)) is amended to read as fol22 lows: 

23 ‘‘(9) ALIENS PREVIOUSLY REMOVED.— 

24 ‘‘(A) ARRIVING ALIEN.—Any alien who has 

25 been ordered removed under section 235(b)(1) 


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•S 1392 IS

1 or at the end of proceedings under section 240 

2 initiated upon the alien’s arrival in the United 

3 States and who again seeks admission within 5 

4 years of the date of such removal (or within 20 

5 years in the case of a second or subsequent re6 moval or at any time in the case of an alien 

7 convicted of an aggravated felony) is inadmis8 sible. 

9 ‘‘(B) OTHER ALIENS.—Any alien not de10 scribed in subparagraph (A) who seeks admis11 sion within 10 years of the date of such alien’s 

12 departure or removal (or within 20 years of 

13 such date in the case of a second or subsequent 

14 removal or at any time in the case of an alien 

15 convicted of an aggravated felony) is inadmis16 sible if the alien— 

17 ‘‘(i) has been ordered removed under 

18 section 240 or any other provision of law; 

19 or 

20 ‘‘(ii) departed the United States while 

21 an order of removal was outstanding. 

22 ‘‘(C) EXCEPTION.—Subparagraphs (A) 

23 and (B) shall not apply to an alien seeking ad24 mission within a period if, prior to the date of 

25 the alien’s reembarkation at a place outside the 


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•S 1392 IS

1 United States or attempt to be admitted from 

2 foreign contiguous territory, the Secretary of 

3 Homeland Security has consented to the alien’s 

4 reapplying for admission.’’. 

5 SEC. 4. EXPUNGEMENT AND SENTENCING. 

6 (a) DEFINITION OF CONVICTION.— 

7 (1) IN GENERAL.—Section 101(a)(48) of the 

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

9 1101(a)(48)) is amended to read as follows: 

10 ‘‘(48)(A) The term ‘conviction’ means, with respect 

11 to an alien, a formal judgment of guilt of the alien entered 

12 by a court. 

13 ‘‘(B) The following may not be considered a convic14 tion for purposes of this Act: 

15 ‘‘(i) An adjudication or judgment of guilt that 

16 has been dismissed, expunged, deferred, annulled, in17 validated, withheld, vacated, or pardoned by the 

18 President of the United States or the Governor of 

19 any State. 

20 ‘‘(ii) Any adjudication in which the court has 

21 issued— 

22 ‘‘(I) a judicial recommendation against re23 moval; 

24 ‘‘(II) an order of probation without entry 

25 of judgment; or 


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1 ‘‘(III) any similar disposition. 

2 ‘‘(iii) A judgment that is on appeal or is within 

3 the time to file direct appeal. 

4 ‘‘(C)(i) Unless otherwise provided, with respect to an 

5 offense, any reference to a term of imprisonment or a sen6 tence is considered to include only the period of incarcer7 ation ordered by a court. 

8 ‘‘(ii) Any such reference shall be considered to ex9 clude any portion of a sentence of which the imposition 

10 or execution was suspended.’’. 

11 (2) RETROACTIVE APPLICABILITY.—The 

12 amendment made by this subsection shall apply with 

13 respect to any conviction, adjudication, or judgment 

14 entered before, on, or after the date of the enact15 ment of this Act. 

16 (b) JUDICIAL RECOMMENDATION AGAINST RE17 MOVAL.—The grounds of inadmissibility and deportability 

18 under sections 212(a)(2) and 237(a)(2) of the Immigra19 tion and Nationality Act (8 U.S.C. 1182(a)(2) and 

20 1227(a)(2)) shall not apply to an alien with a criminal 

21 conviction if, not later than 180 days after the date on 

22 which the alien is sentenced, and after having provided 

23 notice and an opportunity to respond to representatives 

24 of the State concerned, the Secretary, and prosecuting au25 thorities, the sentencing court issues a recommendation to 


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•S 1392 IS

1 the Secretary that the alien not be removed on the basis 

2 of the conviction. 

3 SEC. 5. PETTY OFFENSES. 

4 Section 212(a)(2)(A) of the Immigration and Nation5 ality Act (8 U.S.C. 1182(a)(2)(A)) is amended— 

6 (1) in clause (i), in the matter preceding sub7 clause (I), by striking ‘‘, or who admits having com8 mitted, or who admits committing acts which con9 stitute the essential elements of’’; and 

10 (2) in clause (ii)— 

11 (A) in the matter preceding subclause (I), 

12 by striking ‘‘to an alien who committed only 

13 one crime’’; 

14 (B) in subclause (I), by inserting ‘‘the 

15 alien committed only one crime,’’ before ‘‘the 

16 crime was committed when’’; and 

17 (C) by amending subclause (II) to read as 

18 follows: 

19 ‘‘(II)(aa) the alien was not con20 victed of more than 2 crimes; and 

21 ‘‘(bb) for each such crime— 

22 ‘‘(AA) the maximum penalty 

23 possible did not exceed imprison24 ment for 1 year; and 


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1 ‘‘(BB) the alien was not 

2 sentenced to a term of imprison3 ment in excess of 180 days.’’. 

Æ 


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