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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