(3) is receiving an annual rate of basic pay for 
positions at GS–11 of the General Schedule under 
section 5332 of title 5, United States Code. 
(c) INCREASE DESCRIBED.—The basic rate of pay for 
the employees described in this subsection shall increase 
from the annual rate of basic pay for positions at GS– 
11 of the General Schedule to the annual rate of basic 
pay for positions at GS–13 of such schedule. 
SEC. 646. FAIR LABOR STANDARDS ACT OVERTIME. 
Notwithstanding any other provision of law, all over-
time hours worked on and after the date of the enactment 
of this Act by all employees of the Department of Home-
land Security who are at or below the second-line level of 
field supervision shall be compensated in accordance with 
the provisions of the Fair Labor Standards Act. 
Subtitle D—Enforcement Tools To 
Diminish Entries Using Fraudu-
lent Documents and Commer-
cial Alien Smuggling 
SEC. 651. FOREIGN LANGUAGE TRAINING. 
The Secretary of Homeland Security shall require all 
officers of the Department of Homeland Security who 
come into contact with aliens who have crossed the border 
illegally to take Spanish and other appropriate foreign lan-
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guage training courses to facilitate communication with 
the aliens. 
SEC. 652. FOREIGN LANGUAGE AWARDS. 
(a) SPECIAL RULES.—The Secretary of Homeland 
Security shall apply section 4523 of title 5, United States 
Code, in conformance with the following: 
(1) Any law enforcement officer within the De-
partment of Homeland Security whose primary du-
ties involve— 
(A) the enforcement of the immigration 
laws of the United States, 
(B) the detention or transportation of vio-
lators of the immigration laws of the United 
States, or 
(C) both, 
shall, for purposes of such section 4523, be pre-
sumed to make substantial use of a foreign language 
in the performance of such officer’s official duties. 
(2)(A) Any individual who successfully com-
pletes a foreign language program as part of their 
agency-sponsored or agency-approved training shall 
be deemed to possess the foreign language pro-
ficiency necessary to qualify for an award under 
such section for so long as such individual serves as 
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a law enforcement officer within the Department of 
Homeland Security. 
(B) Nothing in this paragraph shall, in the case 
of any individual who does not satisfy subparagraph 
(A), prevent such individual from being allowed to 
demonstrate foreign language proficiency in accord-
ance with the criteria and procedures that would 
otherwise apply under such section. 
(3) For purposes of applying subsection (a) of 
such section 4523, substitute ‘‘equal to’’ for ‘‘up to’’. 
(b) DEFINITION.—For purposes of this section, the 
term ‘‘law enforcement officer’’ has the meaning given 
such term by section 4521 of such title 5. 
SEC. 653. ADDITIONAL PERSONNEL FOR INVESTIGATION OF 
FRAUDULENT 
SCHEMES 
AND 
DOCUMENT 
FRAUD. 
The Secretary of Homeland Security shall hire at 
least 1000 additional investigators for investigating fraud-
ulent schemes, including benefit application schemes, and 
fraudulent documents used to enter or remain in the 
United States unlawfully. 
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SEC. 654. ESTABLISH A SPECIAL TASK FORCE FOR COORDI-
NATING AND DISTRIBUTING INFORMATION 
ON 
FRAUDULENT 
IMMIGRATION 
DOCU-
MENTS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a Fraudulent Documents Task Force 
to carry out the following: 
(1) Collect information from Federal, State, 
and local law enforcement agencies, and foreign gov-
ernments on the production, sale, distribution and 
use of fraudulent documents intended to be used to 
enter, travel or remain within the United States un-
lawfully. 
(2) Maintain the information described in sub-
part (1) in a comprehensive database. 
(3) Maintain a repository of genuine and fraud-
ulent travel and identity document exemplars. 
(4) Convert the information collected into re-
ports that provide guidance to government officials 
in identifying fraudulent documents being used to 
enter into, travel within or remain in the United 
States. 
(5) Develop a system for distributing these re-
ports on an ongoing basis to appropriate Federal, 
State, and local law enforcement agencies. 
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(b) DISTRIBUTION
OF
INFORMATION.—The task 
force will distribute the reports to appropriate Federal, 
State, and local law enforcement agencies on an ongoing 
basis. 
SEC. 655. NEW NONIMMIGRANT VISA CLASSIFICATION TO 
ENABLE 
INFORMANTS 
TO 
ENTER 
THE 
UNITED STATES AND REMAIN TEMPORARILY. 
(a) IN GENERAL.—Section 101(a)(15)(S) (8 U.S.C. 
1101(a)(15)(S)) is amended 
(1) in clause (i), by striking ‘‘or’’ at the end; 
(2) in clause (ii), by striking the comma at the 
end and inserting ‘‘; or’’; 
(3) by inserting after clause (ii) the following: 
‘‘(iii) who the Secretary of Homeland 
Security, the Secretary of State, or the At-
torney General determines— 
‘‘(I) is in possession of critical re-
liable information concerning a com-
mercial alien smuggling organization 
or enterprise or a commercial oper-
ation for making or trafficking in doc-
uments to be used for entering or re-
maining in the United States unlaw-
fully; 
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‘‘(II) is willing to supply or has 
supplied such information to a Fed-
eral or State court; or 
‘‘(III) whose presence in the 
United States the Secretary of Home-
land Security, the Secretary of State, 
or the Attorney General determines is 
essential to the success of an author-
ized criminal investigation, the suc-
cessful prosecution of an individual in-
volved in the commercial alien smug-
gling organization or enterprise, or 
the disruption of such organization or 
enterprise or a commercial operation 
for making or trafficking in docu-
ments to be used for entering or re-
maining in the United States unlaw-
fully.’’; 
(4) by inserting ‘‘, or with respect to clause 
(iii), the Secretary of Homeland Security, the Sec-
retary of State, or the Attorney General’’ after 
‘‘jointly’’; and 
(5) by striking ‘‘(i) or (ii)’’ and inserting ‘‘(i), 
(ii), or (iii)’’. 
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(b) 
ADMISSION
OF
NONIMMIGRANTS.—Section 
214(k) (8 U.S.C. 1184(k)) is amended— 
(1) by adding at the end of paragraph (1) the 
following: ‘‘The number of aliens who may be pro-
vided a visa as nonimmigrants under section 
101(a)(15)(S)(iii) in any fiscal year may not exceed 
400.’’; and 
(2) by adding at the end the following: 
‘‘(5) If the Secretary of Homeland Security, the 
Secretary of State, or the Attorney General deter-
mines that a nonimmigrant described in clause (iii) 
of section 101(a)(15)(S), or that of any family mem-
ber of such a nonimmigrant who is provided non-
immigrant status pursuant to such section, must be 
protected, such official may take such lawful action 
as the official considers necessary to effect such pro-
tection.’’. 
SEC. 656. ADJUSTMENT OF STATUS WHEN NEEDED TO PRO-
TECT INFORMANTS. 
Section 245(j) (8 U.S.C. 1255(j)) is amended— 
(1) in paragraph (3), by striking ‘‘(1) or (2),’’ 
and inserting ‘‘(1), (2), (3), or (4),’’; 
(2) by redesignating paragraph (3) as para-
graph (5); 
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(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) if, in the opinion of the Secretary of 
Homeland Security, the Secretary of State, or the 
Attorney General— 
‘‘(A) a nonimmigrant admitted into the 
United States under section 101(a)(15)(S)(iii) 
has supplied information described in subclause 
(I) of such section; and 
‘‘(B) the provision of such information has 
substantially contributed to the success of a 
commercial alien smuggling investigation or an 
investigation of the sale or production of fraud-
ulent documents to be used for entering or re-
maining in the United States unlawfully, the 
disruption of such an enterprise, or the pros-
ecution of an individual described in subclause 
(III) of that section, 
the Secretary of Homeland Security may adjust the 
status of the alien (and the spouse, children, mar-
ried and unmarried sons and daughters, and parents 
of the alien if admitted under that section) to that 
of an alien lawfully admitted for permanent resi-
dence if the alien is not described in section 
212(a)(3)(E). 
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‘‘(4) The Secretary of Homeland Security may 
adjust the status of a nonimmigrant admitted into 
the United States under section 101(a)(15)(S)(iii) 
(and the spouse, children, married and unmarried 
sons and daughters, and parents of the non-
immigrant if admitted under that section) to that of 
an alien lawfully admitted for permanent residence 
on the basis of a recommendation of the Secretary 
of State or the Attorney General.’’; and 
(4) by adding at the end the following: 
‘‘(6) If the Secretary of Homeland Security, the 
Secretary of State, or the Attorney General deter-
mines that a person whose status is adjusted under 
this subsection must be protected, such official may 
take such lawful action as the official considers nec-
essary to effect such protection.’’. 
SEC. 657. REWARDS PROGRAM. 
(a) REWARDS PROGRAM.—Section 274 (8 U.S.C. 
1324) is amended by adding at the end the following: 
‘‘(f) REWARDS PROGRAM.— 
‘‘(1) IN GENERAL.—There is established in the 
Department of Homeland Security a program for 
the payment of rewards to carry out the purposes of 
this section. 
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‘‘(2) PURPOSE.—The rewards program shall be 
designed to assist in the elimination of commercial 
operations to produce or sell fraudulent documents 
to be used for entering or remaining in the United 
States unlawfully and to assist in the investigation, 
prosecution, or disruption of a commercial alien 
smuggling operation. 
‘‘(3) ADMINISTRATION.—The rewards program 
shall be administered by the Secretary of Homeland 
Security, in consultation, as appropriate, with the 
Attorney General and the Secretary of State. 
‘‘(4) REWARDS AUTHORIZED.—In the sole dis-
cretion of the Secretary of Homeland Security, such 
Secretary, in consultation, as appropriate, with the 
Attorney General and the Secretary of State, may 
pay a reward to any individual who furnishes infor-
mation or testimony leading to— 
‘‘(A) the arrest or conviction of any indi-
vidual conspiring or attempting to produce or 
sell fraudulent documents to be used for enter-
ing or remaining in the United States unlaw-
fully or to commit an act of commercial alien 
smuggling involving the transportation of 
aliens; 
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‘‘(B) the arrest or conviction of any indi-
vidual committing such an act; 
‘‘(C) the arrest or conviction of any indi-
vidual aiding or abetting the commission of 
such an act; 
‘‘(D) the prevention, frustration, or favor-
able resolution of such an act, including the dis-
mantling of an operation to produce or sell 
fraudulent documents to be used for entering or 
remaining in the United States, or commercial 
alien smuggling operations, in whole or in sig-
nificant part; or 
‘‘(E) the identification or location of an in-
dividual who holds a key leadership position in 
an operation to produce or sell fraudulent docu-
ments to be used for entering or remaining in 
the United States unlawfully or a commercial 
alien smuggling operation involving the trans-
portation of aliens. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as may be necessary to carry out this subsection. 
Amounts appropriated under this paragraph shall 
remain available until expended. 
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‘‘(6) INELIGIBILITY.—An officer or employee of 
any Federal, State, local, or foreign government 
who, while in performance of his or her official du-
ties, furnishes information described in paragraph 
(4) shall not be eligible for a reward under this sub-
section for such furnishing. 
‘‘(7) PROTECTION MEASURES.—If the Secretary 
of Homeland Security, the Secretary of State, or the 
Attorney General determines that an individual who 
furnishes information or testimony described in 
paragraph (4), or any spouse, child, parent, son, or 
daughter of such an individual, must be protected, 
such official may take such lawful action as the offi-
cial considers necessary to effect such protection. 
‘‘(8) LIMITATIONS AND CERTIFICATION.— 
‘‘(A) 
MAXIMUM
AMOUNT.—No 
reward 
under this subsection may exceed $100,000, ex-
cept as personally authorized by the Secretary 
of Homeland Security. 
‘‘(B) APPROVAL.—Any reward under this 
subsection exceeding $50,000 shall be person-
ally approved by the Secretary of Homeland Se-
curity. 
‘‘(C) CERTIFICATION FOR PAYMENT.—Any 
reward granted under this subsection shall be 
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TITLE VII—EMPLOYMENT-BASED 
IMMIGRATION 
SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT 
PRACTICES. 
Section 274B (8 U.S.C. 1324b) is amended— 
(1) in subsection (a)(5)— 
(A) by amending the paragraph heading to 
read ‘‘PROHIBITION OF INTIMIDATION, RETAL-
IATION, OR UNLAWFUL DISCRIMINATION IN EM-
PLOYMENT’’; 
(B) by moving the text down and to the 
right 2 ems; 
(C) by inserting before such text the fol-
lowing: ‘‘(A) IN GENERAL.—’’; and 
(D) by adding at the end the following: 
‘‘(B) FEDERAL
LABOR
OR
EMPLOYMENT 
LAWS.—It is an unfair employment practice for 
any employer to directly or indirectly threaten 
any individual with removal or any other ad-
verse consequences pertaining to that individ-
ual’s immigration status or employment bene-
fits for the purpose of intimidating, pressuring, 
or coercing any such individual not to exercise 
any right protected by State or Federal labor or 
employment law (including section 7 of the Na-
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tional Labor Relations Act (29 U.S.C. 157)), or 
for the purpose of retaliating against any such 
individual for having exercised or having stated 
an intention to exercise any such right. 
‘‘(C) DISCRIMINATION BASED ON IMMIGRA-
TION
STATUS.—It is an unfair employment 
practice for any employer, except to the extent 
specifically authorized or required by law, to 
discriminate in any term or condition of em-
ployment against any individual employed by 
such employer on the basis of such individual’s 
immigration status.’’; and 
(2) in subsection (c)(2), by adding at the end 
the following: ‘‘The Special Counsel shall not dis-
close to the Secretary of Homeland Security or any 
other government agency or employee, and shall not 
cause to be published in a manner that discloses to 
the Secretary of Homeland Security or any other 
government agency or employee, any information ob-
tained by the Special Counsel in any manner con-
cerning the immigration status of any individual who 
has filed a charge under this section, or the identity 
of any individual or entity that is a party or witness 
to a proceedings brought pursuant to such charge. 
The Secretary of Homeland Security may not rely, 
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in whole or in part, in any enforcement action or re-
moval proceeding, upon any information obtained as 
a result of the filing or prosecution of an unfair im-
migration-related employment practice charge. For 
purposes of this paragraph, the term ‘Special Coun-
sel’ includes individuals formerly appointed to the 
position of Special Counsel and any current or 
former employee of the office of the Special Counsel. 
Whoever knowingly uses, publishes, or permits infor-
mation to be used in violation of this paragraph 
shall be fined not more than $10,000.’’. 
SEC. 702. DEPARTMENT OF LABOR TASK FORCE. 
The Secretary of Labor, in consultation with the At-
torney General and the Secretary of Homeland Security, 
shall conduct a national study of American workplaces to 
determine the causes, extent, circumstances, and con-
sequences, of exploitation of undocumented alien workers 
by their employers. As part of this study, the Secretary 
of Labor shall create a plan for targeted review of Federal 
labor law enforcement in industries with a substantial im-
migrant workforce, for the purpose of identifying, moni-
toring, and deterring frequent or egregious violators of 
wage and hour, antidiscrimination, National Labor Rela-
tions Act, and workplace safety and health requirements. 
Not later than 18 months after the date of the enactment 
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of this Act, the Secretary of Labor shall submit to the 
Congress a report describing the results of the study and 
the Secretary’s recommendations based on the study. 
SEC. 703. RECRUITMENT OF AMERICAN WORKERS. 
Section 214 (8 U.S.C. 1184) is amended by adding 
at the end the following: 
‘‘(s)(1) No petition to accord employment status 
under the nonimmigrant classifications described in sec-
tions 101(a)(15)(E)(iii) and (H) shall be granted in the 
absence of an affidavit from the petitioner describing the 
efforts that were made to recruit an alien lawfully admit-
ted for permanent residence or a citizen of the United 
States before resorting to a petition to obtain a foreign 
employee. The recruitment efforts must have included sub-
stantial attempts to find employees in minority commu-
nities. Recruitment efforts in minority communities should 
include at least one of the following, if appropriate for the 
employment being advertised: 
‘‘(A) Advertise the availability of the job oppor-
tunity for which the employer is seeking a worker in 
local newspapers in the labor market that is likely 
to be patronized by a potential worker for at least 
5 consecutive days. 
‘‘(B) Undertake efforts to advertise the avail-
ability of the job opportunity for which the employer 
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is seeking a worker through advertisements in public 
transportation systems. 
‘‘(C) To the extent permitted by local laws and 
regulations, engage in recruitment activities in sec-
ondary schools, recreation centers, community cen-
ters, and other places throughout the communities 
within 50 miles of the job site that serve minorities. 
‘‘(2)(A) The Secretary of Homeland Security shall 
impose a 10 percent surcharge on all fees collected for pe-
titions to accord employment status and shall use these 
funds to establish an employment training program which 
will include unemployed workers in the United States who 
need to be trained or retrained. The purpose of this pro-
gram shall be to increase the number of lawful permanent 
residents and citizens of the United States who are avail-
able for employment in the occupations that are the sub-
jects of such petitions. At least 50 percent of the funds 
generated by this provision must be used to train Amer-
ican workers in rural and inner-city areas. 
‘‘(B) The Secretary of Homeland Security shall re-
serve and make available to the Secretary of Labor a por-
tion of the funds collected under this paragraph. Such 
funds shall be used by the Secretary of Labor to establish 
an ‘Office to Preserve American Jobs’ within the Depart-
ment of Labor. The purpose of this office shall be to estab-
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lish policies intended to ensure that employers in the 
United States will hire available workers in the United 
States before resorting to foreign labor, giving substantial 
emphasis to hiring minority workers in the United 
States.’’. 
TITLE VIII—FAIRNESS IN 
REMOVAL PROCEEDINGS 
SEC. 801. RIGHT TO COUNSEL. 
Section 292 (8 U.S.C. 1362) is amended by striking 
the matter after the section designation and inserting the 
following: ‘‘In any bond, custody, detention, or removal 
proceedings before the Attorney General and in any appeal 
proceedings before the Attorney General from any such 
proceedings, the person concerned shall have the privilege 
of being represented (at no expense to the government) 
by such counsel, authorized to practice in such pro-
ceedings, as he shall choose. With consent of their clients, 
counsel may enter appearances limited to bond, custody, 
or other specific proceedings.’’. 
SEC. 802. PRESUMPTION IN FAVOR OF WITHDRAWAL OF AP-
PLICATION FOR ADMISSION. 
Section 235(a)(4) (8 U.S.C. 1225(a)(4)) is amended 
to read as follows: 
‘‘(4) WITHDRAWAL OF APPLICATION FOR AD-
MISSION.— 
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‘‘(A) PRESUMPTION IN FAVOR OF WITH-
DRAWAL.—The Attorney General shall permit 
an alien applying for admission to withdraw the 
application and depart immediately from the 
United States at any time, unless an immigra-
tion judge has rendered a decision with respect 
to the admissibility of the alien, except that the 
Attorney General may deny permission for the 
withdrawal when warranted by unusual cir-
cumstances. 
‘‘(B) PERMISSIVE
WITHDRAWAL.—Except 
as provided in subparagraph (A), an alien ap-
plying for admission may, in the discretion of 
the Attorney General and at any time after a 
decision described in such subparagraph has 
been rendered, be permitted to withdraw the 
application and depart immediately from the 
United States.’’. 
SEC. 803. ABSENCES OUTSIDE THE CONTROL OF THE 
ALIEN. 
Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13(C)) is 
amended by amending clause (ii) to read as follows: 
‘‘(ii) has been absent from the United 
States for a continuous period in excess of 
one year unless the alien’s return was im-
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peded by emergency or extenuating cir-
cumstances outside the control of the 
alien,’’. 
SEC. 804. REINSTATEMENT OF REMOVAL ORDERS AGAINST 
ALIENS ILLEGALLY REENTERING. 
Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is amend-
ed— 
(1) by inserting ‘‘, after a hearing by an immi-
gration judge,’’ after ‘‘If’’; 
(2) by inserting ‘‘, on or after September 30, 
1996,’’ after ‘‘alien has’’; 
(3) by striking ‘‘is reinstated’’ and inserting 
‘‘may be deemed to be reinstated’’; 
(4) by striking ‘‘and is not subject’’ and all that 
follows through ‘‘under this Act’’; and 
(5) by striking the period at the end and insert-
ing the following: ‘‘subject to reopening and review 
of the previous order. Nothing in this section shall 
preclude an alien from applying for any relief from 
removal under this Act.’’. 
SEC. 805. PERMANENT APPLICATION OF SECTION 245(i). 
Section 245(i) (8 U.S.C. 1255(i)) is amended— 
(1) by inserting ‘‘and’’ at the end of paragraph 
(1)(A); 
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(2) by amending paragraph (1)(B) to read as 
follows: 
‘‘(B) who is the beneficiary (including a 
spouse or child of the principal alien) of— 
‘‘(i) a petition for classification under 
section 204; or 
‘‘(ii) an application for a labor certifi-
cation under section 212(a)(5)(A);’’; 
(3) by striking paragraph (1)(C); and 
(4) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’. 
SEC. 806. DISCRETIONARY WAIVER OF INADMISSIBILITY 
BASED ON UNLAWFUL PRESENCE, FAILURE 
TO ATTEND REMOVAL PROCEEDINGS, AND 
MISREPRESENTATIONS. 
(a) IN GENERAL.—Section 212(i) (8 U.S.C. 1182(i)) 
is amended to read as follows: 
‘‘(i) The Secretary of Homeland Security may waive 
the application of subparagraph (A)(i) or (B), or clause 
(i) or (ii) of subparagraph (C), of subsection (a)(6) in the 
case of an immigrant who is the parent, spouse, child, son, 
or daughter of a United States citizen or of an alien law-
fully admitted to the United States for permanent resi-
dence, if it is established to the satisfaction of the Sec-
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retary that the refusal of admission to the United States 
of such immigrant would result in hardship to the immi-
grant or to such citizen or lawful permanent resident par-
ent, spouse, child, son, or daughter.’’. 
(b) CONFORMING AMENDMENTS.—Section 212(a)(6) 
(8 U.S.C. 1182(a)(6)) is amended— 
(1) in subparagraph (A), by adding at the end 
the following: 
‘‘(iii) WAIVER
AUTHORIZED.—For a 
provision authorizing the waiver of clause 
(i), see subsection (i).’’; 
(2) in subparagraph (B)— 
(A) by inserting ‘‘(i)’’ after the subpara-
graph heading; and 
(B) by adding at the end the following: 
‘‘(ii) WAIVER
AUTHORIZED.—For a 
provision authorizing the waiver of clause 
(i), see subsection (i).’’; and 
(3) in subparagraph (C)(iii), by inserting ‘‘or 
(ii)’’ after ‘‘(i)’’. 
SEC. 807. WAIVER OF INADMISSIBILITY FOR MINOR CRIMI-
NAL OFFENSES. 
Section 212(h) (8 U.S.C. 1182(h)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘offense of simple possession of 30 grams or 
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less of marijuana’’ and inserting ‘‘controlled sub-
stance offense for which the alien was not incarcer-
ated for a period exceeding 1 year’’; and 
(2) by striking the final two sentences. 
SEC. 808. GENERAL WAIVER FOR ALIENS PREVIOUSLY RE-
MOVED AND FOR THE UNLAWFUL PRESENCE 
BARS. 
(a) IN
GENERAL.—Section 212(d) (8 U.S.C. 
1182(d)) is amended by adding at the end the following: 
‘‘(14) The Secretary of Homeland Security may, in 
the discretion of the Secretary, for humanitarian purposes, 
to assure family unity, or when it is otherwise in the public 
interest, waive the application of subparagraph (A) or 
(B)(i) of subsection (a)(9).’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
212(a)(9)(B) of such Act (8 U.S.C. 1182(a)(9)(B)) is 
amended by striking clause (v). 
SEC. 
809. 
WAIVER 
OF 
AGGRAVATED 
FELONY 
CON-
SEQUENCES. 
Section 101 (8 U.S.C. 1101) is amended by adding 
at the end the following: 
‘‘(j) For purposes of this Act, and notwithstanding 
subsection (a)(43), the Secretary of Homeland Security 
may treat any conviction that did not result in incarcer-
ation for more than 1 year as if such conviction were not 
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a conviction for an aggravated felony. This discretion may 
be exercised for humanitarian purposes, to assure family 
unity, or when it is otherwise in the public interest.’’. 
SEC. 810. DISCRETIONARY WAIVER TO ADMIT PERSONS IN 
UNUSUAL CIRCUMSTANCES. 
(a) NEW GENERAL WAIVER.—Section 212(d) (8 
U.S.C. 1182(d)) is amended by adding at the end the fol-
lowing: 
‘‘(15) The Secretary of Homeland Security 
may, in the discretion of such Secretary for humani-
tarian purposes, to assure family unity, or when it 
is otherwise in the public interest, waive the applica-
tion of subparagraph (B) or (G) of subsection 
(a)(6), clause (i) or (ii) of subsection (a)(9)(A), or 
subsection (a)(9)(B)(i), in unusual circumstances. 
For purposes of the preceding sentence, an instance 
of battering or extreme cruelty is deemed to con-
stitute unusual circumstances in the case where it is 
inflicted on an alien (or a child of an alien) by the 
alien’s United States citizen or lawful permanent 
resident spouse, parent, child, son, or daughter.’’. 
(b) WAIVER FOR ALIENS PREVIOUSLY REMOVED.— 
(1) CERTAIN ALIENS PREVIOUSLY REMOVED.— 
Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is 
amended by adding at the end the following: 
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‘‘(iv) 
WAIVER
AUTHORIZED.—For 
provision authorizing waiver of clause (i) 
or (ii), see subsection (d)(13).’’. 
(2) ALIENS
UNLAWFULLY
PRESENT.—Section 
212(a)(9)(B)(v) (8 U.S.C. 1182(A)(9)(B)(v)) is 
amended to read as follows: 
‘‘(v) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see 
subsection (d)(13).’’. 
SEC. 811. RESTORATION OF SUSPENSION OF DEPORTA-
TION. 
(a) 
CANCELLATION
OF
REMOVAL.—Section 
240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended to read as 
follows: 
‘‘(3) has not been convicted of an aggravated 
felony for which the sentence imposed is five years 
or more.’’. 
(b) REPEAL OF RULE FOR TERMINATION OF CON-
TINUOUS PERIOD.— 
(1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) 
(8 U.S.C. 1229b(a)) is repealed. 
(2) Section 240A(d) (8 U.S.C. 1229b) is 
amended— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (1) and (2), respectively; and 
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(B) by inserting before the period at the 
end of paragraph (1) (as redesignated) the fol-
lowing: ‘‘, unless the alien’s departure from the 
United States was due to a temporary trip 
abroad required by emergency or extenuating 
circumstances outside the control of the alien’’. 
(c) CANCELLATION OF REMOVAL AND ADJUSTMENT 
FOR
CERTAIN
NONPERMANENT
RESIDENTS.—Section 
240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to read as 
follows: 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security may cancel removal in the case of an alien 
who is inadmissible or deportable from the United 
States if the alien— 
‘‘(A) has been physically present in the 
United States for a continuous period of— 
‘‘(i) 7 years immediately preceding the 
date of application in the case of an 
alien— 
‘‘(I) who is deportable on any 
ground other than a ground specified 
in clause (ii)(I); and 
‘‘(II) whose deportation would, in 
the opinion of the Attorney General, 
result in extreme hardship to the alien 
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or the alien’s spouse, child, parent, 
son, or daughter, who is a citizen of 
the United States or an alien lawfully 
admitted for permanent residence; or 
‘‘(ii) 10 years immediately preceding 
the date of application in the case of an 
alien— 
‘‘(I) who is deportable for convic-
tion of an offense under section 
212(a)(2), 237(a)(2), or 237(a)(3); 
and 
‘‘(II) whose deportation would, in 
the opinion of the Attorney General, 
result in exceptional and extremely 
unusual hardship to the alien or the 
alien’s spouse, parent, child, son, or 
daughter, who is a citizen of the 
United States or an alien lawfully ad-
mitted for permanent residence; and 
‘‘(B) has been a person of good moral 
character during such period.’’. 
(d) ELIMINATION OF ANNUAL LIMITATION.—Section 
240A (8 U.S.C. 1229b) is amended by striking subsection 
(e). 
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TITLE IX—REMOVAL GROUNDS 
BASED ON CRIMINAL OFFENSES 
SEC. 901. DEFINITION OF MORAL TURPITUDE. 
(a) EQUITABLE DEFINITION
OF ‘‘MORAL TURPI-
TUDE’’.— 
(1) CONVICTION OF CERTAIN CRIMES.—Section 
212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is 
amended by striking ‘‘of, or who admits having com-
mitted, or who admits committing acts which con-
stitute the essential elements of—’’ and inserting 
‘‘of—’’. 
(2) EXCEPTION.—Section 212(a)(2)(A)(ii)(II) 
(8 U.S.C. 1182(a)(2)(A)(ii)(II)) is amended— 
(A) by striking ‘‘the maximum’’ and all 
that follows through ‘‘such crime,’’; and 
(B) by striking ‘‘6 months’’ and inserting 
‘‘1 year’’. 
(b) EQUITABLE DEFINITION OF ‘‘CRIMES OF MORAL 
TURPITUDE’’.—Section 237(a)(2)(A)(i)(II) (8 U.S.C. 
1227(a)(2)(A)(i)(II)) is amended to read as follows: 
‘‘(II) for which the alien has been 
incarcerated for a period exceeding 
one year,’’. 
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SEC. 902. ‘‘AGGRAVATED FELONY’’ DEFINITIONS. 
(a) IN GENERAL.—Section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended by striking ‘‘The term ‘aggra-
vated felony’ means—’’ and inserting ‘‘The term ‘aggra-
vated felony’ means a felony that is—’’. 
(b) ILLICIT TRAFFICKING.—Section 101(a)(43)(B) 
(8 U.S.C. 1101(a)(43)(B)) is amended by striking 
‘‘Code);’’ and inserting ‘‘Code), except it does not include 
simple possession of a controlled substance;’’. 
(c) CRIMES OF VIOLENCE AND THEFT OFFENSES.— 
Subparagraphs (F), (G), (R), and (S) of section 
101(a)(43) (8 U.S.C. 1101(a)(43)(F), (G), (R), and (S)) 
are each amended by striking ‘‘imprisonment’’ and all that 
follows through the semicolon and inserting ‘‘imprison-
ment of more than five years;’’. 
(d) CORRUPT ORGANIZATIONS AND GAMBLING OF-
FENSES.—Section 
101(a)(43)(J) 
(8 
U.S.C. 
1101(a)(43)(J)) is amended by inserting ‘‘more than five 
years’’ after the words ‘‘sentence of’’. 
(e) ALIEN SMUGGLING.—Section 101(a)(43)(N) (8 
U.S.C. 101(a)(43)(N)) is amended— 
(1) by inserting ‘‘committed for the purpose of 
commercial advantage,’’ after ‘‘smuggling),’’; and 
(2) by adding at the end a semicolon. 
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SEC. 903. DEFINITIONS OF ‘‘CONVICTION’’ AND ‘‘TERM OF 
IMPRISONMENT’’. 
Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amend-
ed— 
(1) in subparagraph (A), by striking ‘‘court’’ 
and all that follows through the period at the end 
and inserting ‘‘court. An adjudication or judgment 
of guilt that has been expunged, deferred, annulled, 
invalidated, withheld, or vacated, an order of proba-
tion without entry of judgment, or any similar dis-
position shall not be considered a conviction for pur-
poses of this Act.’’; and 
(2) in subparagraph (B)— 
(A) by inserting ‘‘only’’ after ‘‘deemed to 
include’’; and 
(B) by striking ‘‘court of law’’ and all that 
follows through the period at the end and in-
serting ‘‘court of law. Any such reference shall 
not be deemed to include any suspension of the 
imposition or execution of that imprisonment or 
sentence in whole or in part.’’. 
‘‘(i) For purposes of this Act, and notwithstanding 
subsection (a)(43), the Attorney General may treat any 
conviction that did not result in incarceration for more 
than 1 year as if such conviction were not a conviction 
for an aggravated felony.’’. 
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SEC. 904. ELIMINATING RETROACTIVE CHANGES IN RE-
MOVAL GROUNDS. 
(a) APPLICATION OF AGGRAVATED FELONY DEFINI-
TION.—The last sentence of section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended to read as follows: ‘‘The term 
shall not apply to any offense that was not covered by 
the term on the date on which the offense occurred.’’. 
(b) GROUNDS OF DEPORTABILITY.—Section 237 (8 
U.S.C. 1227) is amended by adding at the end the fol-
lowing: 
‘‘(e) Notwithstanding any other provision of this sec-
tion, an alien is not deportable by reason of committing 
any offense that was not a ground of deportability on the 
date the offense occurred.’’. 
(c) GROUNDS OF INADMISSIBILITY.—Section 212 (8 
U.S.C. 1182) is amended by adding at the end the fol-
lowing: 
‘‘(u) Notwithstanding any other provision of this sec-
tion, an alien is not inadmissible by reason of committing 
any offense that was not a ground of inadmissibility on 
the date the offense occurred.’’. 
SEC. 905. ELIMINATING UNFAIR RETROACTIVE CHANGES IN 
REMOVAL RULES FOR PERSONS PREVIOUSLY 
REMOVED. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a process by which an alien described 
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in subsection (b) may apply for reopening a proceeding 
so as to seek relief from exclusion, deportation, or removal 
under section 212(c) of the Immigration and Nationality 
Act (8 U.S.C. 1182(c)), as such section was in effect prior 
to the enactment of the Antiterrorism and Effective Death 
Penalty Act of 1996 (Public Law 104–132), or section 
240A of the Immigration and Nationality Act (8 U.S.C. 
1229b), as amended by this Act. 
(b) ALIEN DESCRIBED.—An alien referred to in sub-
section (a) is an alien who received a final order of exclu-
sion, deportation, or removal, or a decision on a petition 
for review or petition for habeas corpus, on or after Sep-
tember 30, 1996, and who was— 
(1) excluded, deported, or removed from the 
United States by reason of having committed a 
criminal offense that was not a basis for removal, 
exclusion, or deportation on the date on which the 
offense was committed; 
(2) excluded, deported, or removed from the 
United States by reason of having committed a 
criminal offense that is not a basis for removal, ex-
clusion, or deportation on the date of enactment of 
this Act; or 
(3) excluded, deported, or removed from the 
United States by reason of having committed a 
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criminal offense prior to April 24, 1996, for which 
there was relief from exclusion, deportation, or re-
moval available prior to such date. 
(c) PAROLE.—The Secretary of Homeland Security 
may, in the Secretary’s discretion, exercise the parole au-
thority under section 212(d)(5)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose 
of permitting aliens excluded, deported, or removed from 
the United States to participate in the process established 
under subsection (a), if the alien establishes prima facie 
eligibility for the relief. 
TITLE X—DIVERSITY VISAS 
SEC. 1001. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY 
IMMIGRANTS. 
Section 201(e) (8 U.S.C. 1151(e)) is amended by 
striking ‘‘55,000’’ and inserting ‘‘110,000’’. 
TITLE XI—HAITIAN PARITY 
SEC. 1101. ADJUSTMENT OF STATUS FOR HAITIANS. 
(a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 
1255 et seq.), as amended by section 202, is further 
amended by inserting after section 245C the following: 
‘‘ADJUSTMENT OF STATUS OF CERTAIN HAITIAN 
NATIONALS 
‘‘SEC. 245D. Notwithstanding the provisions of sec-
tion 245(c), the status of any alien who is a national or 
citizen of Haiti, and who has been physically present in 
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the United States for at least one year, may be adjusted 
by the Secretary of Homeland Security, in the Secretary’s 
discretion and under such regulations as the Secretary 
may prescribe, to that of an alien lawfully admitted for 
permanent residence, if the alien makes an application for 
such adjustment and the alien is eligible to receive an im-
migrant visa and is admissible to the United States for 
permanent residence. Upon approval of such an applica-
tion for adjustment of status, the Secretary shall create 
a record of the alien’s admission for permanent residence 
as of a date 30 months prior to the filing of such an appli-
cation or the date of the alien’s last arrival into the United 
States, whichever date is later. The provisions of this Act 
shall be applicable to the spouse and child of any alien 
described in this section, regardless of their citizenship 
and place of birth, if the spouse or child is residing with 
such alien in the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
as amended by section 202, is further amended by insert-
ing after the item relating to section 245C the following: 
‘‘Sec. 245D. Adjustment of status of certain Haitian nationals.’’. 
(c) SUNSET.—The amendments made by this section 
shall cease to be effective on the date that is 3 years after 
the date of the enactment of this Act. 
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SEC. 1102. LIMITATION ON BOND DISCRETION. 
Section 236 (8 U.S.C. 1226) is amended by adding 
at the end the following: 
‘‘(f) EXERCISE OF AUTHORITY FOR ARREST, DETEN-
TION, AND RELEASE.—The Secretary of Homeland Secu-
rity shall exercise the discretion afforded under subsection 
(a) on a case-by-case basis. If bond is to be denied on 
the ground that the alien’s release would give rise to ad-
verse consequences for national security or national immi-
gration policy, the finding of such adverse consequences 
shall be based on circumstances pertaining to the indi-
vidual alien whose release is being considered.’’. 
SEC. 1103. ELIMINATION OF MANDATORY DETENTION IN 
EXPEDITED REMOVAL PROCEEDINGS. 
Section 
235(b)(1)(B)(iii)(IV) 
(8 
U.S.C. 
1225(b)(1)(B)(iii)(IV)) is amended to read as follows: 
‘‘(IV) DETENTION.—Aliens sub-
ject to the procedures under this 
clause shall be detained in accordance 
with section 236.’’. 
SEC. 1104. AMENDMENTS TO HAITIAN AND IMMIGRANT 
FAIRNESS ACT OF 1998. 
(a) GROUND FOR INADMISSIBILITY FOR DOCUMENT 
FRAUD DOES NOT APPLY.—The Haitian Refugee Immi-
gration Fairness Act of 1998 (8 U.S.C. 1255 note) is 
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100 
amended in subsections (a)(1)(B) and (d)(1)(D) of section 
902 by inserting ‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’. 
(b) DETERMINATIONS WITH RESPECT
TO CHIL-
DREN.—Section 902(d) of such Act is amended by adding 
at the end the following: 
‘‘(3) DETERMINATIONS
WITH
RESPECT
TO 
CHILDREN.— 
‘‘(A) 
USE
OF
APPLICATION
FILING 
DATE.—Determinations made under this sub-
section as to whether an individual is a child of 
a parent shall be made using the age and status 
of the individual on the date of the enactment 
of this section. 
‘‘(B) APPLICATION
SUBMISSION
BY
PAR-
ENT.—Notwithstanding paragraph (1)(C), an 
application under this subsection filed based on 
status as a child may be filed for the benefit of 
such child by a parent or guardian of the child, 
if the child is physically present in the United 
States on such filing date.’’. 
SEC. 1105. NEW APPLICATIONS AND MOTIONS TO REOPEN. 
(a) NEW APPLICATIONS.—Notwithstanding section 
902(a)(1)(A) of the Haitian and Immigrant Fairness Act 
of 1998 (8 U.S.C. 1255 note), an alien who is eligible for 
adjustment of status under such Act, as amended by sec-
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101 
tion 804 of this Act, may submit an application for adjust-
ment of status under such Act not later than the later 
of— 
(1) 2 years after the date of the enactment of 
this Act; and 
(2) 1 year after the date on which final regula-
tions implementing section 804 are promulgated. 
(b) MOTIONS TO REOPEN.—The Secretary of Home-
land Security shall establish procedures for the reopening 
and reconsideration of applications for adjustment of sta-
tus under the Haitian Refugee Immigration Fairness Act 
of 1998 that are affected by the amendments made by 
section 1104 of this Act. 
(c) RELATIONSHIP OF APPLICATION TO CERTAIN OR-
DERS.—Section 902(a)(3) of the Haitian and Immigrant 
Fairness Act of 1998 (8 U.S.C. 1255 note) shall apply 
to an alien present in the United States who has been or-
dered excluded, deported, removed, or ordered to depart 
voluntarily, and who files an application under subsection 
(a), or a motion under subsection (b), in the same manner 
as such section 902(a)(3) applied to aliens filing applica-
tions for adjustment of status under such Act before April 
1, 2000. 
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102 
SEC. 1106. TEMPORARY PROTECTED STATUS FOR HAI-
TIANS. 
It is the sense of the Congress that the Secretary of 
Homeland Security should be more liberal with respect to 
Haiti in deciding whether to designate that country for 
temporary protected status under section 244(b)(1)(A) of 
the 
Immigration 
and 
Nationality 
(8 
U.S.C. 
1254(b)(1)(A)). It is the sense of the Congress that this 
decision has sometimes been made without due regard to 
the serious threat to personal safety that results from 
sending Haitians back to Haiti during a period of ongoing 
armed conflict in that country. 
TITLE XII—FAIRNESS IN ASYLUM 
AND REFUGEE PROCEEDINGS 
SEC. 1201. REFUGEE STATUS FOR UNMARRIED SONS AND 
DAUGHTERS OF REFUGEES. 
Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended 
by adding at the end the following: 
‘‘(C) When warranted by unusual cir-
cumstances or to preserve family unity, the At-
torney General may, in the Attorney General’s 
discretion, consider an unmarried son or daugh-
ter of a refugee to be a child of the refugee for 
purposes of this paragraph.’’. 
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103 
SEC. 1202. ASYLEE STATUS FOR UNMARRIED SONS AND 
DAUGHTERS OF ASYLEES. 
Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended 
by adding at the end the following: 
‘‘(D) When warranted by unusual cir-
cumstances or to preserve family unity, the Sec-
retary of Homeland Security may, in the Sec-
retary’s discretion, consider an unmarried son 
or daughter of an alien who is granted asylum 
under this subsection to be a child of the alien 
for purposes of this paragraph.’’. 
SEC. 1203. ELIMINATION OF ARBITRARY TIME LIMITS ON 
ASYLUM APPLICATIONS. 
Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amend-
ed— 
(1) by striking subparagraph (B); 
(2) in subparagraph (C), by striking ‘‘(D),’’ and 
inserting ‘‘(C),’’; 
(3) in subparagraph (D)— 
(A) by striking ‘‘subparagraphs (B) and 
(C),’’ and inserting ‘‘subparagraph (B),’’; 
(B) by striking ‘‘either’’; and 
(C) by striking ‘‘asylum or extraordinary’’ 
and all that follows through the period at the 
end and inserting ‘‘asylum.’’; and 
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104 
(4) by redesignating subparagraphs (C) and 
(D) as subparagraphs (B) and (C), respectively. 
SEC. 1204. GENDER-BASED PERSECUTION. 
(a) TREATMENT AS REFUGEE.—Section 101(a)(42) 
(8 U.S.C. 1101(a)(42)) is amended by adding at the end 
the following: 
‘‘(C) For purposes of determinations under 
this Act, a person who establishes that he or 
she suffered persecution in the past, or has a 
well-founded fear of persecution, on account of 
gender shall be considered to have suffered per-
secution, or to have a well-founded fear of per-
secution, on account of membership in a par-
ticular social group.’’. 
(b) RESTRICTION ON REMOVAL TO COUNTRY WHERE 
ALIEN WOULD BE THREATENED.—Section 241(b)(3) (8 
U.S.C. 1231(b)(3)) is amended by adding at the end the 
following: 
‘‘(D) GENDER-BASED PERSECUTION.—For 
purposes of determinations under this para-
graph, an alien who establishes that the alien’s 
life or freedom would be threatened in a coun-
try on account of gender shall be considered to 
have established that the alien’s life or freedom 
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105 
would be threatened in that country on account 
of membership in a particular social group.’’. 
TITLE XIII—TEMPORARY 
PROTECTED STATUS 
SEC. 1301. ADJUSTMENT OF STATUS FOR CERTAIN RECIPI-
ENTS OF TEMPORARY PROTECTED STATUS. 
(a) IN GENERAL.—Section 245 (8 U.S.C. 1255) is 
amended by adding at the end the following: 
‘‘(n)(1) If, in the opinion of the Secretary of the 
Homeland Security Department, a person granted tem-
porary protected status under section 244— 
‘‘(A) has been physically present in the United 
States in that status for a continuous period of at 
least 5 years; 
‘‘(B) has at all times been a person of good 
moral character; 
‘‘(C) has never been convicted of a criminal of-
fense in the United States; 
‘‘(D) in the case of an alien who is 18 years of 
age or older, but who is not over the age of 65, has 
successfully completed a course on reading, writing, 
and speaking words in ordinary usage in the English 
language, unless unable to do so on account of phys-
ical or developmental disability or mental impair-
ment; 
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106 
‘‘(E) in the case of an alien 18 years of age or 
older, has accepted the values and cultural life of the 
United States; and 
‘‘(F) in the case of an alien 18 years of age or 
older, has performed at least 40 hours of community 
service; 
the Secretary may adjust the status of the alien to that 
of an alien lawfully admitted for permanent residence. 
‘‘(2) An alien shall not be considered to have failed 
to maintain a continuous presence in the United States 
for purposes of subsection (a)(1) by virtue of brief, casual, 
and innocent absences from the United States. 
‘‘(3)(A) The alien shall establish that the alien is ad-
missible to the United States as immigrant, except as oth-
erwise provided in paragraph (2). 
‘‘(B) The provisions of paragraphs (5), (6)(A), 
(6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and 
(9)(C)(i)(I) of section 212(a) shall not apply in the deter-
mination of an alien’s admissibility under this section. 
‘‘(4) When an alien is granted lawful permanent resi-
dent status under this subsection, the number of immi-
grant visas authorized to be issued under any provision 
of this Act shall not be reduced. The numerical limitations 
of sections 201 and 202 shall not apply to adjustment of 
status under this section. 
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107 
‘‘(5) The Secretary of Homeland Security may termi-
nate removal proceedings without prejudice pending the 
outcome of an alien’s application for adjustment of status 
under this section on the basis of a prima facie showing 
of eligibility for relief under this section.’’. 
(b) LIMITATION ON CONSIDERATION IN THE SENATE 
OF LEGISLATION ADJUSTING STATUS.—Section 244 (8 
U.S.C. 1254a) is amended by striking subsection (h) and 
redesignating subsection (i) as subsection (h). 
SEC. 1302. FOREIGN STATE DESIGNATIONS. 
Section 244(b)(1)(C) (8 U.S.C. 1254a(b)(1)(C)) is 
amended by striking ‘‘the Attorney General finds that 
there exist extraordinary and temporary conditions in the 
foreign state that prevent aliens who are nationals of the 
state from returning to the state in safety,’’ and inserting 
‘‘the Secretary of Homeland Security finds that extraor-
dinary and temporary conditions in the foreign state make 
returning aliens to the state undesirable for humanitarian 
reasons,’’. 
TITLE XIV—MISCELLANEOUS 
PROVISIONS 
SEC. 1401. NATURALIZATION PROVISIONS. 
(a) PHYSICAL PRESENCE REQUIREMENT.—Section 
316 (8 U.S.C. 1427) is amended by adding at the end 
the following: 
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108 
‘‘(g) 
When 
warranted 
by 
extraordinary 
cir-
cumstances, the Secretary of Homeland Security may re-
duce, by not more than 90 days, the physical presence re-
quirement described in the preceding sentence.’’. 
(b) ABSENCES FROM THE UNITED STATES.—Section 
316(b) (8 U.S.C. 1427(b)) is amended— 
(1) in the first sentence, by striking ‘‘one year’’ 
and inserting ‘‘18 months’’; and 
(2) in the second sentence, by striking ‘‘contin-
uous period of one year’’ and inserting ‘‘continuous 
period of 18 months’’. 
SEC. 
1402. 
PREVENTING 
INAPPROPRIATE 
STATE 
AND 
LOCAL GOVERNMENT INVOLVEMENT IN THE 
ENFORCEMENT OF CIVIL IMMIGRATION PRO-
VISIONS UNDER THE IMMIGRATION AND NA-
TIONALITY ACT. 
(a) ELIMINATION OF BAN ON STATE AND LOCAL 
GOVERNMENTS FROM PREVENTING COMMUNICATIONS 
WITH THE DEPARTMENT OF HOMELAND SECURITY.— 
(1) IN GENERAL.—Section 642 of the Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1373) is repealed. 
(2) VERIFICATION OF ELIGIBILITY FOR FED-
ERAL PUBLIC BENEFITS.—Section 432 of the Per-
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109 
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1642) is repealed. 
(b) ELIMINATION OF AUTHORITY TO PERMIT STATE 
PERSONNEL TO CARRY OUT IMMIGRATION OFFICER 
FUNCTIONS.—Section 287(g) (8 U.S.C. 1357(g)) is re-
pealed. 
SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MOD-
ELS. 
(a) ELIMINATION
OF H–1B CLASSIFICATION
FOR 
FASHION
MODELS.—Section 
101(a)(15)(H)(i)(b) 
(8 
U.S.C. 1101(a)(15)(H)(i)(b)) is amended— 
(1) by striking ‘‘or as a fashion model’’; and 
(2) by striking ‘‘or, in the case of a fashion 
model, is of distinguished merit and ability’’. 
(b) NEW CLASSIFICATION.—Section 101(a)(15)(O) 
(8 U.S.C. 1101(a)(15)(O)) is amended— 
(1) in clause (iii), by striking ‘‘clause (i) or (ii)’’ 
and inserting ‘‘clause (i), (ii), or (iii)’’ and by redes-
ignating clause (iii) as clause (iv); and 
(2) by inserting after clause (ii) the following 
new clause: 
‘‘(iii) is a fashion model who is of distin-
guished merit and ability and who is seeking to 
enter the United States temporarily to perform 
fashion modeling services that involve events or 
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110 
productions which have a distinguished reputa-
tion or that are performed for an organization 
or establishment that has a distinguished rep-
utation for, or a record of, utilizing prominent 
modeling talent; or’’. 
(c) EFFECTIVE DATE AND IMPLEMENTATION.— 
(1) IN GENERAL.—The amendments made by 
this section shall take effect on the date of the en-
actment of this Act. 
(2) REGULATIONS, GUIDELINES, AND
PRECE-
DENTS.—The regulations, guidelines, and precedents 
in effect on the date of the enactment of this Act for 
the adjudication of petitions for fashion models 
under section 101(a)(15)(H)(i)(b) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(i)(b)) shall be applied to petitions 
for fashion model under section 101(a)(15)(O)(iii) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(O)(iii)), as added by this section, except 
that the duration of status approvals shall be based 
on regulations applicable to other occupations under 
section 101(a)(15)(O) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(O)). 
(3) CONSTRUCTION.—Nothing in this section, 
or the amendments made by this section, shall be 
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111 
construed as preventing an alien who is a fashion 
model from obtaining nonimmigrant status under 
section 101(a)(15)(O)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(O)(i)) if such 
alien is otherwise qualified for such status. 
(4) TREATMENT OF PENDING PETITIONS.—Pe-
titions filed on behalf of fashion models under sec-
tion 101(a)(15)(H)(i)(b) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) 
that are pending on the date of the enactment of 
this Act shall be treated as if they had been filed 
under section 101(a)(15)(O)(iii) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(O)(iii)), 
as added by this section. 
(5) VISA VALIDITY PERIOD.—The validity pe-
riod for visas issued to beneficiaries of petitions filed 
under section 101(a)(15)(O)(iii) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(O)(iii)) 
shall be for the full period of approval notwith-
standing the reciprocity validity periods that would 
otherwise be applicable. 
Æ 
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