(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) Civil immigration warrants shall not be 
made available to the officers or employees of any 
State, or any political subdivision of a State, 
through the National Crime Information Center 
database or its incorporated criminal history data-
bases. Federal, State, and local law enforcement of-
ficials are prohibited from entering into the National 
Crime Information Center database or its incor-
porated criminal history databases information that 
relates to an alien’s immigration status, the exist-
ence of a prior removal, deportation, or voluntary 
departure order entered against an alien, or any al-
legations of civil violations of the immigration laws. 
Any information described in this paragraph that is 
in the National Crime Information Center database 
shall be removed from such database not later than 
90 days after the enactment of the New Way For-
ward Act.’’. 
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TITLE VI—DECRIMINALIZE 
MIGRATION 
SEC. 601. REPEALING MIGRATION CRIMINAL LAWS. 
(a) CRIMINAL PENALTIES FOR ENTRY AT IMPROPER 
TIME OR PLACE.—Section 275 of the Immigration and 
Nationality Act (8 U.S.C. 1325) is repealed. 
(b) CRIMINAL PENALTIES FOR REENTRY.—Section 
276 of the Immigration and Nationality Act (8 U.S.C. 
1326) is repealed. 
TITLE VII—RIGHT TO COME 
HOME 
SEC. 701. RECONSIDERING AND REOPENING IMMIGRATION 
CASES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Attorney General— 
(1) shall grant a motion to reconsider or reopen 
proceedings pursuant to paragraph (6) or (7) of sec-
tion 240(c) of the Immigration and Nationality Act 
(8 U.S.C. 1229a(c)) with respect to any alien who— 
(A) on or after April 24, 1996— 
(i) was ordered removed, deported, or 
excluded; or 
(ii) departed the United States pursu-
ant to a grant of voluntary departure 
under section 240B of the Immigration 
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and Nationality Act (8 U.S.C. 1229c) (re-
gardless of whether or not the alien was 
ordered removed, deported, or excluded); 
and 
(B) demonstrates that the alien— 
(i) would not have been considered in-
admissible, excludable, or deportable under 
the immigration laws (as defined in section 
101(a)(17) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(17))) if this 
Act, and the amendments made by this 
Act, had been in effect on the date on 
which such order was issued or the vol-
untary departure took place; or 
(ii) would have been eligible to apply 
for relief from removal, deportation, or ex-
clusion under such laws if this Act, and 
the amendments made by this Act, had 
been in effect on the date on which such 
order was issued or the voluntary depar-
ture took place; and 
(2) shall deem an alien who makes the dem-
onstration under paragraph (1)(B) as not having 
been removed, deported, excluded, or departed, and 
as not having failed to depart under a voluntary de-
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parture order, for all purposes under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.). 
(b) PREVIOUSLY FILED APPLICATION; PREVIOUS 
MOTIONS TO REOPEN OR RECONSIDER.—The Attorney 
General may not reject or deny a motion to reconsider or 
reopen under subsection (a) because— 
(1) the alien did not include a copy of any pre-
viously filed application for relief; or 
(2) the alien had previously filed a motion to 
reopen or reconsider. 
(c) DEADLINE.—The deadline described in para-
graphs (6)(B) and (7)(C)(i) of section 240(c) of the Immi-
grations and Nationality Act (8 U.S.C. 1229a(c)) shall not 
apply to a motion to reopen or reconsider under this sec-
tion. 
(d) TRANSPORTATION.—The Secretary of Homeland 
Security shall provide transportation for aliens eligible for 
reopening or reconsideration of their proceedings under 
this section, at Government expense, to return to the 
United States for further immigration proceedings and 
shall admit or parole the alien into the United States. 
(e) PHYSICAL PRESENCE REQUIREMENT.—For the 
purpose of applications filed subsequent to reopening 
under this section pursuant to section 240A of the Immi-
gration and Nationality Act (8 U.S.C. 1229b), or any 
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other application for relief under the immigration laws (as 
defined in section 101(a)(17) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(17))), removal, deporta-
tion, exclusion, or voluntary departure shall not be consid-
ered to toll any physical presence requirement. 
(f) JUDICIAL REVIEW.—Notwithstanding any other 
provision of the Immigration and National Act (8 U.S.C. 
1101 et seq.), any denial of a motion to reopen or recon-
sider submitted pursuant to this section is subject to de 
novo judicial review in a Federal district court having ju-
risdiction over the applicant’s residence or, in the case of 
an applicant who was removed from the United States, 
the last known residential address of the applicant in the 
United States. 
Æ 
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