inserting: ‘‘Except in the case of an alien who (i) is a law-
ful permanent resident; (ii) was granted advance parole;
(iii) was paroled into the United States under section
212(d)(5); or (iv) is seeking asylum, if’’.
SEC. 8. TRANSITION.
(a) APPLICATION TO DETAINEES.—Not more than
30 days after the effective date of this Act, the Attorney
General shall, with respect to any alien then detained or
whose liberty is otherwise restricted by the Attorney Gen-
eral, on the basis in whole or in part of information sub-
mitted by the Government ex parte and in camera to an
immigration judge, to the Board of Immigration Appeals
or to any court—
(1) provide such alien a copy or transcript of
such information, and provide the alien with a rede-
termination of bond (or a reconsideration of the
terms of custody, as the case may be) based on evi-
dence disclosed to the alien and the alien’s response
to such evidence; or
(2) withdraw from the record of any pro-
ceedings involving such alien any and all evidence,
testimony, or other information submitted by the
Government ex parte and in camera to the immigra-
tion judge, the Board of Immigration Appeals, or to
any court, as the case may be, and—
(A) release such alien if such alien is de-
tained; and
(B) cease all restrictions on the liberty of
such alien if such restrictions exist,
unless detention is warranted solely on the basis of
evidence disclosed to the alien; or
(3) release such alien.
(b) APPLICATION TO ALIENS SEEKING IMMIGRATION
BENEFITS.—Not more than 30 days after the effective
date of this Act, the Attorney General shall, with respect
to any alien physically present in the United States whose
application for an immigration benefit is or was opposed
by the Government on the basis in whole or in part of
information submitted by the Government ex parte and
in camera to an immigration judge, to the Board of Immi-
gration Appeals, or to any court—
(1) provide such alien a copy or transcript of
such information and a reasonable opportunity to re-
spond to such information, and grant or deny the
application or reopen the proceedings and afford the
alien de novo reconsideration of the application, as
the case may be, based solely on evidence in the pub-
lic record; or
(2) withdraw from the record of any pro-
ceedings involving such alien any and all evidence,
testimony, or other information submitted by the
Government ex parte and in camera to the immigra-
tion judge, the Board of Immigration Appeals, or to
any court, as the case may be, and grant or deny
the application or reopen the proceedings and afford
the alien de novo reconsideration of the application,
as the case may be, based solely on evidence in the
public record; or
(3) grant the application.
(c) TERMINATION OF PROCEEDINGS.—In the case of
an alien in immigration proceedings as of the effective
date of this Act conducted under title V of the Immigra-
tion and Nationality Act—
(1) such proceedings are terminated as of the
effective date of this Act without prejudice to the
Attorney General or the alien; and
(2) the Attorney General may, in his or her dis-
cretion, commence de novo removal proceedings
within 10 days thereafter under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a).
SEC. 9. REGULATIONS.
The Attorney General shall promulgate regulations,
including regulations governing applications for asylum,
withholding of deportation or removal, adjustment of sta-
tus, naturalization, temporary protected status, and relief
from deportation, exclusion, or removal to implement this
Act not more than 90 days after the effective date of this
Act.
SEC. 10. EFFECTIVE DATE.
The amendments made by this Act shall take effect
on the date of the enactment of this Act and shall apply
to all aliens without regard to the date of arrival, admis-
sion, entry, or parole into the United States.
Æ