which an alien who is the subject of a custody deter-
mination under this subsection is a vulnerable per-
son or a primary caregiver, the alien may not be de-
tained unless the Government shows, in addition to 
the requirements under paragraph (3), that it is un-
reasonable or not practicable to place the individual 
in a community-based supervision program. 
‘‘(7) DEFINITION.—In this subsection, the term 
‘vulnerable person’ means an individual who— 
‘‘(A) is under 21 years of age or over 60 
years of age; 
‘‘(B) is pregnant; 
‘‘(C) identifies as lesbian, gay, bisexual, 
transgender, or intersex; 
‘‘(D) is victim or witness of a crime; 
‘‘(E) has filed a nonfrivolous civil rights 
claim in Federal or State court; 
‘‘(F) has a serious mental or physical ill-
ness or disability; 
‘‘(G) has been determined by an asylum of-
ficer in an interview conducted under section 
235(b)(1)(B) to have a credible fear of persecu-
tion or a reasonable fear of persecution under 
section 208.31 or 241.8(e) of title 8, Code of 
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Federal Regulations (as in effect on the date of 
the enactment of the New Way Forward Act); 
‘‘(H) has limited English language pro-
ficiency and is not provided access to appro-
priate and meaningful language services in a 
timely fashion; or 
‘‘(I) has been determined by an immigra-
tion judge or the Secretary of Homeland Secu-
rity to be experiencing severe trauma or to be 
a survivor of torture or gender-based violence, 
based on information obtained during intake, 
from the alien’s attorney or legal service pro-
vider, or through credible self-reporting. 
‘‘(c) SUBSEQUENT DETERMINATIONS.—An alien who 
is detained under this section shall be provided with a de 
novo custody determination hearing under this subsection 
every 60 days, as well as upon showing of a change in 
circumstances or good cause for a de novo custody deter-
mination hearing.’’; and 
(2) by striking subsection (e) and inserting the 
following: 
‘‘(e) RELEASE UPON AN ORDER GRANTING RELIEF 
FROM REMOVAL.—In the case of an alien with respect to 
whom an immigration judge has entered an order termi-
nating removal proceedings or an order providing for relief 
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from removal, including an order granting asylum, or pro-
viding for withholding, deferral, or cancellation of removal, 
which order is pending appeal, the Secretary of Homeland 
Security shall immediately release the alien upon entry of 
the order, and may impose only reasonable conditions on 
the alien’s release from custody. 
‘‘(f) COMMUNITY-BASED CASE MANAGEMENT PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish, outside of the purview of 
U.S. Immigration and Customs Enforcement, a com-
munity-based case management program that— 
‘‘(A) provides alternatives to detaining 
aliens; 
‘‘(B) offers a continuum of community- 
based support options and services, including— 
‘‘(i) case management; and 
‘‘(ii) access to— 
‘‘(I) social services; 
‘‘(II) medical and mental health 
services; 
‘‘(III) housing; 
‘‘(IV) transportation; and 
‘‘(V) legal services; and 
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‘‘(C) provides services in the appropriate 
language. 
‘‘(2) PROHIBITION
ON
ELECTRONIC
SURVEIL-
LANCE.—The program under paragraph (1) may not 
include, as an alternative to detention, the provision 
of ankle monitors or other forms of electronic sur-
veillance. 
‘‘(3) STUDY.—Within 180 days, the Secretary 
shall undertake a study to examine best practices of 
government-funded case management and related 
services, including exploring the possibility of fund-
ing case management services out of the Depart-
ment. 
‘‘(4) CONTRACTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
enter into 1 or more contracts to operate the 
case management program described in para-
graph (1). 
‘‘(B) PRIORITIZATION.—In entering into a 
contract under subparagraph (A), the Secretary 
shall give priority to direct contracts with quali-
fied nongovernmental community-based organi-
zations that have experience providing services 
to immigrant, refugee, and asylum-seeking pop-
ulations. 
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‘‘(5) INDIVIDUALIZED
DETERMINATION
RE-
QUIRED.— 
‘‘(A) IN GENERAL.—In determining wheth-
er to order an alien to participate in a program 
under this subsection, the Secretary or the im-
migration judge, as appropriate, shall make an 
individualized determination to determine the 
appropriate level of supervision for the alien. 
‘‘(B) EXEMPTION.—Participation in a pro-
gram under this subsection may not be ordered 
for an alien for whom it is determined that re-
lease on reasonable bond or recognizance will 
reasonably ensure the appearance of the alien 
as required and the safety of any other person 
and the community. 
‘‘(6) PROHIBITION
ON
FEES
FOR
ALTER-
NATIVES TO DETENTION.—An alien who is required 
to participate in a specific alternatives to detention 
program or service may not be charged a fee for 
such participation. 
‘‘(7) CASE MANAGEMENT REVIEW.—Not later 
than 180 days after the date of the enactment of the 
New Way Forward Act, the Secretary shall conduct 
a review of— 
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‘‘(A) best practices in federally funded case 
management programs; and 
‘‘(B) the feasibility of transferring alter-
natives to detention case management programs 
out of the purview of the Department of Home-
land Security.’’. 
(b) PROBABLE CAUSE HEARING.—Section 287(a) of 
the Immigration and Nationality Act (8 U.S.C. 1357(a)) 
is amended by striking the matter preceding paragraph 
(3) and inserting the following: 
‘‘(a) Any officer or employee of the Department of 
Homeland Security authorized under regulations pre-
scribed by the Secretary of Homeland Security shall have 
power without warrant— 
‘‘(1) to interrogate any alien or person believed 
to be an alien as to the person’s right to be or to 
remain in the United States, provided that such in-
terrogation is not based on the person’s race, eth-
nicity, national origin, religion, sexual orientation, 
color, spoken language, or English language pro-
ficiency; and 
‘‘(2) to arrest any alien who in the officer or 
employee’s presence or view is entering or attempt-
ing to enter the United States in violation of any law 
or regulation made in pursuance of law regulating 
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the admission, exclusion, expulsion, or removal of 
aliens, or to arrest any alien in the United States, 
if— 
‘‘(A) the officer or employee has probable 
cause to believe that the alien so arrested is in 
the United States in violation of any such law 
or regulation and is likely to escape before a 
warrant can be obtained for his arrest; 
‘‘(B) the officer or employee has reason to 
believe that the person would knowingly and 
willfully fail to appear in immigration court in 
response to a properly served notice to appear; 
and 
‘‘(C) not later than 48 hours after being 
taken into custody, the arrested alien is pro-
vided with a hearing before an immigration 
judge to determine whether there is probable 
cause as required by this section, including 
probable cause to believe that the person would 
have knowingly and willfully failed to appear as 
required under subparagraph (B), which burden 
to establish probable cause shall be on the Gov-
ernment.’’. 
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(c) MANDATORY DETENTION REPEALED.—The Im-
migration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended— 
(1) in section 235(b)(1)(B)(ii)— 
(A) by striking ‘‘shall’’ and inserting 
‘‘may’’; and 
(B) by inserting before the period at the 
end the following: ‘‘pursuant to the custody re-
view procedures set forth in section 236’’; 
(2) by striking section 235(b)(1)(B)(iii)(IV); 
(3) in section 235(b)(2)(A)— 
(A) by striking ‘‘shall’’ and inserting 
‘‘may’’; and 
(B) by inserting before the period at the 
end the following: ‘‘pursuant to the custody re-
view procedures set forth in section 236’’; 
(4) by striking section 236A; 
(5) in section 238(a)(2), by striking ‘‘pursuant 
to section 236(c)’’; and 
(6) in section 506(a)(2)— 
(A) by striking the paragraph heading and 
inserting the following: ‘‘RELEASE
HEARING 
FOR ALIENS DETAINED’’; and 
(B) in subparagraph (A)— 
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(i) in the matter preceding clause (i), 
by striking ‘‘lawfully admitted for perma-
nent residence’’; 
(ii) by striking clause (i); and 
(iii) by redesignating clauses (ii) and 
(iii) as clauses (i) and (ii), respectively. 
(d) ALIENS ORDERED REMOVED.—Section 241(a) of 
the Immigration and Nationality Act (8 U.S.C. 1231(a)) 
is amended— 
(1) in paragraph (1), by striking ‘‘90 days’’ 
each place it appears and inserting ‘‘60 days’’; 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) 
INITIAL
CUSTODY
REDETERMINATION 
HEARING.— 
‘‘(A) IN
GENERAL.—Not later than 72 
hours after the entry of a final administrative 
order of removal, the alien ordered removed 
shall be provided with a custody redetermina-
tion hearing before an immigration judge. 
‘‘(B) PRESUMPTION OF DETENTION.—For 
purposes of the hearing under subparagraph 
(A), the alien shall be detained during the re-
moval period unless the alien can show, by a 
preponderance of the evidence, that the alien’s 
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removal is not reasonably foreseeable and that 
the alien does not pose a risk to the safety of 
any individual or to the community.’’; 
(3) in paragraph (3)— 
(A) in the paragraph heading, by striking 
‘‘90-DAY’’ and inserting ‘‘60-DAY’’; and 
(B) in the matter preceding subparagraph 
(A), by striking ‘‘the alien, pending removal, 
shall be subject to supervision under’’ and in-
serting the following: ‘‘except as provided in 
paragraph (7), any alien who has been detained 
during the removal period shall be released 
from custody, pending removal, subject to indi-
vidualized supervision requirements in accord-
ance with’’; 
(4) by striking paragraph (6); and 
(5) by striking paragraph (7) and inserting the 
following: 
‘‘(7) SUBSEQUENT
CUSTODY
REDETERMINA-
TION HEARINGS.— 
‘‘(A) IN GENERAL.—The Government may 
request a subsequent redetermination hearing 
before an immigration judge seeking continued 
detention for an alien ordered to be detained 
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pursuant to paragraph (2) who has not been re-
moved within the removal period. 
‘‘(B) STANDARD.—An alien may only be 
detained after the removal period upon a show-
ing by the Government that— 
‘‘(i) the alien’s removal is reasonably 
foreseeable; and 
‘‘(ii) the alien poses a risk to the safe-
ty of an individual or the community, 
which may only be established based on 
credible and individualized information 
that establishes objective risk factors, and 
may not be established based only on the 
fact that the alien has been charged with 
or is suspected of a crime. 
‘‘(C) PERIOD
OF
DETENTION.—An alien 
may not be detained pursuant to an order 
under this paragraph for longer than a 60-day 
period. The Government may seek subsequent 
redetermination hearings under this paragraph 
in order to continue detaining an alien beyond 
each such 60-day period.’’. 
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TITLE II—STATUTE OF 
LIMITATIONS 
SEC. 
201. 
TIME 
FOR 
COMMENCING 
REMOVAL 
PRO-
CEEDINGS. 
Section 239(d) of the Immigration and Nationality 
Act (8 U.S.C. 1229(d)) is amended by adding at the end 
the following: 
‘‘(3)(A) Notwithstanding paragraph (2), any removal 
proceeding against an alien previously admitted to the 
United States for being within a class of deportable aliens 
described in section 237(a)(2), or within a class of inad-
missible aliens described in section 212(a)(2), shall not be 
entertained unless commenced not later than the date that 
is five years after the date on which the alien became de-
portable or inadmissible. 
‘‘(B) This paragraph shall apply to any removal pro-
ceeding resulting in an order of removal before the date 
of the enactment of the New Way Forward Act as if in 
effect on the date on which the removal proceeding was 
commenced.’’. 
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(A) by inserting ‘‘only’’ after ‘‘deemed to 
include’’; and 
(B) by striking ‘‘or confinement’’ and all 
that follows through the period at the end and 
inserting ‘‘ordered by a court of law. Any such 
reference shall not include any term of impris-
onment or any sentence that has been subject 
to any suspension of imposition or execution in 
whole or in part, or that has been commuted or 
in any way modified or changed by the Presi-
dent of the United States, the governor of a 
State or territory, or any body authorized by a 
State legislature or governor to commute, mod-
ify, or in any way change a sentence.’’. 
(c) 
PARTICULARLY
SERIOUS
CRIME.—Section 
208(b)(2)(B)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1158(b)(2)(B)(i)) is amended to read as follows: 
‘‘(i) CONVICTION
OF
AGGRAVATED 
FELONY.—For purposes of clause (ii) of 
subparagraph (A), section 241(b)(3)(B), or 
any other provision of this Act, only an 
alien who has been convicted of an aggra-
vated felony for which a term of imprison-
ment of not less than five years was im-
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posed shall be considered to have been con-
victed of a particularly serious crime.’’. 
(d) APPLICABILITY.—The amendments made by this 
section shall apply to— 
(1) admissions and conduct occurring before, 
on, or after the date of the enactment of this Act; 
and 
(2) convictions and sentences entered before, 
on, or after the date of the enactment of this Act. 
TITLE 
IV—RESTORE 
JUDICIAL 
DISCRETION AND END RE-
MOVAL WITHOUT DUE PROC-
ESS 
SEC. 401. IMMIGRATION PROCEDURAL CHANGES. 
(a) DECISION
AND BURDEN
OF PROOF.—Section 
240(c)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1229(c)(1)(A)) is amended by inserting after the 
period at the end the following: ‘‘Notwithstanding any 
other provision of law, an immigration judge may grant 
any relief or deferral from removal, including withholding 
of removal, to any individual who is otherwise eligible for 
such relief but for a prior criminal conviction, or the com-
mission of or a finding of the commission of other conduct 
described in section 212(a)(2), 237(a)(2), or 237(a)(3), if 
the immigration judge finds such an exercise of discretion 
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appropriate in pursuit of humanitarian purposes, to as-
sure family unity, or when it is otherwise in the public 
interest.’’. 
(b) REMOVAL OF ALIENS WHO ARE NOT PERMA-
NENT RESIDENTS.—Section 238 of the Immigration and 
Nationality Act (8 U.S.C. 1228) is amended— 
(1) by striking subsection (b); and 
(2) by redesignating the first subsection (c) as 
subsection (b). 
(c) REINSTATEMENT OF REMOVAL ORDERS AGAINST 
ALIENS ILLEGALLY REENTERING.—Section 241(a) of the 
Immigration and Nationality Act (8 U.S.C. 1231(a)) is 
amended— 
(1) by striking paragraph (5); and 
(2) by redesignating paragraphs (6) and (7) as 
paragraphs (5) and (6), respectively. 
(d) SPECIAL RULES RELATING
TO CONTINUOUS 
RESIDENCE OR PHYSICAL PRESENCE.—Section 240A(d) 
of the Immigration and Nationality Act (8 U.S.C. 
1229b(d)) is amended— 
(1) by striking paragraph (1); and 
(2) by redesignating paragraphs (2) and (3) as 
paragraphs (1) and (2), respectively. 
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(e) JUDICIAL REVIEW OF ORDERS OF REMOVAL.— 
Section 242 of the Immigration and Nationality Act (8 
U.S.C. 1252) is amended by striking subsection (a)(2)(C). 
TITLE V—PROHIBITION AGAINST 
PERFORMANCE OF IMMIGRA-
TION OFFICER FUNCTIONS BY 
STATE AND LOCAL OFFICERS 
AND EMPLOYEES 
SEC. 501. LOCAL ENFORCEMENT. 
(a) IN GENERAL.—Section 287(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(g)) is amended 
to read as follows: 
‘‘(g)(1) The officers and employees of any State, or 
any political subdivision of a State, are prohibited from 
performing the function of an immigration officer in rela-
tion to the investigation, apprehension, transport, or de-
tention of aliens in the United States or otherwise assist 
in the performance of such functions. 
‘‘(2) Civil immigration warrants shall not be made 
available to the officers or employees of any State, or any 
political subdivision of a State, through the National 
Crime Information Center database or its incorporated 
criminal history databases. Federal, State, and local law 
enforcement officials are prohibited from entering into the 
National Crime Information Center database or its incor-
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porated criminal history databases information that re-
lates to an alien’s immigration status, the existence of a 
prior removal, deportation, or voluntary departure order 
entered against an alien, or any allegations of civil viola-
tions of the immigration laws. Any information described 
in this paragraph that is in the National Crime Informa-
tion Center database shall be removed from such database 
not later than 90 days after the enactment of the New 
Way Forward Act.’’. 
(b) PROHIBITING COORDINATION
FOR ENFORCE-
MENT OF IMMIGRATION LAWS.— 
(1) PROHIBITING STATE AND LOCAL LAW EN-
FORCEMENT ARREST AND DETENTION OF ALIENS.— 
Section 439 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (8 U.S.C. 1252c) is re-
pealed. 
(2) COMMUNICATION.—Section 434 of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1644) is repealed. 
(c) COMMUNICATION AND ENFORCEMENT.—Section 
642 of the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1373) is repealed. 
SEC. 502. NATIONAL CRIME INFORMATION CENTER. 
Section 534(f) of title 28, United States Code, is 
amended— 
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(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) Civil immigration warrants shall not be 
made available to the officers or employees of any 
State, or any political subdivision of a State, 
through the National Crime Information Center 
database or its incorporated criminal history data-
bases. Federal, State, and local law enforcement of-
ficials are prohibited from entering into the National 
Crime Information Center database or its incor-
porated criminal history databases information that 
relates to an alien’s immigration status, the exist-
ence of a prior removal, deportation, or voluntary 
departure order entered against an alien, or any al-
legations of civil violations of the immigration laws. 
Any information described in this paragraph that is 
in the National Crime Information Center database 
shall be removed from such database not later than 
90 days after the enactment of the New Way For-
ward Act.’’. 
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TITLE VI—DECRIMINALIZE 
MIGRATION 
SEC. 601. REPEALING MIGRATION CRIMINAL LAWS. 
(a) CRIMINAL PENALTIES FOR ENTRY AT IMPROPER 
TIME OR PLACE.—Section 275 of the Immigration and 
Nationality Act (8 U.S.C. 1325) is repealed. 
(b) CRIMINAL PENALTIES FOR REENTRY.—Section 
276 of the Immigration and Nationality Act (8 U.S.C. 
1326) is repealed. 
TITLE VII—RIGHT TO COME 
HOME 
SEC. 701. RECONSIDERING AND REOPENING IMMIGRATION 
CASES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Attorney General— 
(1) shall grant a motion to reconsider or reopen 
proceedings pursuant to paragraph (6) or (7) of sec-
tion 240(c) of the Immigration and Nationality Act 
(8 U.S.C. 1229a(c)) with respect to any alien who— 
(A) on or after April 24, 1996— 
(i) was ordered removed, deported, or 
excluded; or 
(ii) departed the United States pursu-
ant to a grant of voluntary departure 
under section 240B of the Immigration 
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and Nationality Act (8 U.S.C. 1229c) (re-
gardless of whether or not the alien was 
ordered removed, deported, or excluded); 
and 
(B) demonstrates that the alien— 
(i) would not have been considered in-
admissible, excludable, or deportable under 
the immigration laws (as defined in section 
101(a)(17) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(17))) if this 
Act, and the amendments made by this 
Act, had been in effect on the date on 
which such order was issued or the vol-
untary departure took place; or 
(ii) would have been eligible to apply 
for relief from removal, deportation, or ex-
clusion under such laws if this Act, and 
the amendments made by this Act, had 
been in effect on the date on which such 
order was issued or the voluntary depar-
ture took place; and 
(2) shall deem an alien who makes the dem-
onstration under paragraph (1)(B) as not having 
been removed, deported, excluded, or departed, and 
as not having failed to depart under a voluntary de-
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parture order, for all purposes under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.). 
(b) PREVIOUSLY FILED APPLICATION; PREVIOUS 
MOTIONS TO REOPEN OR RECONSIDER.—The Attorney 
General may not reject or deny a motion to reconsider or 
reopen under subsection (a) because— 
(1) the alien did not include a copy of any pre-
viously filed application for relief; or 
(2) the alien had previously filed a motion to 
reopen or reconsider. 
(c) DEADLINE.—The deadline described in para-
graphs (6)(B) and (7)(C)(i) of section 240(c) of the Immi-
grations and Nationality Act (8 U.S.C. 1229a(c)) shall not 
apply to a motion to reopen or reconsider under this sec-
tion. 
(d) TRANSPORTATION.—The Secretary of Homeland 
Security shall provide transportation for aliens eligible for 
reopening or reconsideration of their proceedings under 
this section, at Government expense, to return to the 
United States for further immigration proceedings and 
shall admit or parole the alien into the United States. 
(e) PHYSICAL PRESENCE REQUIREMENT.—For the 
purpose of applications filed subsequent to reopening 
under this section pursuant to section 240A of the Immi-
gration and Nationality Act (8 U.S.C. 1229b), or any 
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other application for relief under the immigration laws (as 
defined in section 101(a)(17) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(17))), removal, deporta-
tion, exclusion, or voluntary departure shall not be consid-
ered to toll any physical presence requirement. 
(f) JUDICIAL REVIEW.—Notwithstanding any other 
provision of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.), any denial of a motion to reopen 
or reconsider submitted pursuant to this section is subject 
to de novo judicial review in a Federal district court hav-
ing jurisdiction over the applicant’s residence or, in the 
case of an applicant who was removed from the United 
States, the last known residential address of the applicant 
in the United States. 
Æ 
VerDate Sep 11 2014 
19:18 Apr 08, 2023
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H2374
pbinns on DSKJLVW7X2PROD with $$_JOB