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. 
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: 
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‘‘(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 
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 
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101 
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-
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 
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102 
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. 
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: 
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103 
‘‘(C) When warranted by unusual cir-
cumstances or to preserve family unity, the Sec-
retary of Homeland Security may, in the Sec-
retary of Homeland Security’s discretion, con-
sider an unmarried son or daughter of a ref-
ugee to be a child of the refugee for purposes 
of this paragraph.’’. 
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),’’; 
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(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 
(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: 
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106 
‘‘(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; 
‘‘(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 
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107 
(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. 
‘‘(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 
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108 
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: 
‘‘(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’’. 
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109 
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-
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 
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110 
(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 
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 
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111 
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 
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 
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112 
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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