SEC. 3. DEFERRED ENFORCED DEPARTURE FOR ANY ALIEN 
NATURAL AND LEGAL PARENT OF A CHILD 
BORN IN THE UNITED STATES WHO IS LESS 
THAN 18 YEARS OF AGE. 
(a) DEFERRED ENFORCED DEPARTURE.— 
(1) IN GENERAL.—Notwithstanding the Immi-
gration and Nationality Act, the removal or enforced 
departure any alien described in subsection (b) shall 
be deferred by the Attorney General during any pe-
riod in which the alien is the natural and legal par-
ent of a child born in the United States who has not 
attained the age of 18 years, if the alien applies for 
such deferral. 
(2) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United 
States who has been ordered excluded, deported, re-
moved, or ordered to depart voluntarily from the 
United States under any provision of the Immigra-
tion and Nationality Act may, notwithstanding such 
order, apply for deferral of enforced departure under 
paragraph (1). Such an alien may not be required, 
as a condition on submitting or granting such appli-
cation, to file a motion to reopen, reconsider, or va-
cate such order. If the Attorney General grants the 
application, the Attorney General shall cancel the 
order. If the Attorney General renders a final ad-
VerDate Aug 31 2005 
19:54 Mar 04, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4848.IH
H4848
sroberts on PROD1PC70 with BILLS
ministrative decision to deny the application, the 
order shall be effective and enforceable to the same 
extent as if the application had not been made. 
(b) ALIENS ELIGIBLE FOR DEFERRED ENFORCED 
DEPARTURE.—The benefits provided by subsection (a) 
shall apply to any alien who— 
(1) is physically present in the United States; 
and 
(2) is the natural and legal parent of a child 
born in the United States who has not attained the 
age of 18 years. 
(c) STAY OF REMOVAL.— 
(1) IN GENERAL.—The Attorney General shall 
provide by regulation for an alien subject to a final 
order of deportation or removal or exclusion to seek 
a stay of such order based on the filing of an appli-
cation under subsection (a). 
(2) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Na-
tionality Act, the Attorney General shall not order 
any alien to be removed from the United States, if 
the alien is in exclusion, deportation, or removal pro-
ceedings under any provision of such Act and raises 
as a defense to such an order the eligibility of the 
alien to apply for adjustment of status under sub-
VerDate Aug 31 2005 
19:54 Mar 04, 2006
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4848.IH
H4848
sroberts on PROD1PC70 with BILLS
section (a), except where the Attorney General has 
rendered a final administrative determination to 
deny the application. 
(d) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 
The Attorney General shall provide to applicants for de-
ferred enforced departure under subsection (a) the same 
right to, and procedures for, administrative review as are 
provided to aliens subject to removal proceedings under 
section 240 of such Act. 
(e) WORK AUTHORIZATION.— 
(1) DURING APPLICATION PROCESS.—The At-
torney General may authorize an alien who has ap-
plied for deferred enforced departure under sub-
section (a) to engage in employment in the United 
States during the pendency of such application and 
may provide the alien with an ‘‘employment author-
ized’’ endorsement or other appropriate document 
signifying authorization of employment, except that 
if such application is pending for a period exceeding 
180 days, and has not been denied, the Attorney 
General shall authorize such employment. 
(2) DURING DEFERRED ENFORCED DEPARTURE 
PERIOD.—The Attorney General shall authorize an 
alien who is granted deferred enforced departure 
under subsection (a) to engage in employment in the 
VerDate Aug 31 2005 
19:54 Mar 04, 2006
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4848.IH
H4848
sroberts on PROD1PC70 with BILLS
United States during any period in which deferred 
enforced departure applies. 
(f) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.—Except as otherwise specifically 
provided in this Act, the definitions contained in the Immi-
gration and Nationality Act shall apply in the administra-
tion of this section. Nothing contained in this Act shall 
be held to repeal, amend, alter, modify, effect, or restrict 
the powers, duties, functions, or authority of the Attorney 
General in the administration and enforcement of such 
Act or any other law relating to immigration, nationality, 
or naturalization. The fact that an alien may be eligible 
to be granted deferred enforced departure status under 
this section shall not preclude the alien from seeking im-
migration status under any other provision of law for 
which the alien may be eligible. 
Æ 
VerDate Aug 31 2005 
19:54 Mar 04, 2006
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H4848.IH
H4848
sroberts on PROD1PC70 with BILLS