‘‘(3) 
REVIEW
AFTER
REMOVAL
PRO-
CEEDINGS.—An alien may seek judicial review of a 
denial or revocation of approval of the alien’s appli-
cation under section 245B in the appropriate court 
of appeals of the United States in conjunction with 
the judicial review of an order of removal, deporta-
tion, or exclusion if the validity of the denial or rev-
ocation has not been upheld in a prior judicial pro-
ceeding under paragraph (1). 
‘‘(4) STANDARD FOR JUDICIAL REVIEW.— 
‘‘(A) BASIS.—Judicial review of a denial or 
revocation of an approval of an application 
under section 245B shall be based upon the ad-
ministrative record established at the time of 
the review. 
‘‘(B) AUTHORITY
TO
REMAND.—The re-
viewing court may remand a case under this 
subsection to the Secretary of Homeland Secu-
rity (referred to in this subsection as the ‘Sec-
retary’) for consideration of additional evidence 
if the court finds that— 
‘‘(i) the additional evidence is mate-
rial; and 
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‘‘(ii) there were reasonable grounds 
for failure to adduce the additional evi-
dence before the Secretary. 
‘‘(C) SCOPE OF REVIEW.—Notwithstanding 
any other provision of law, judicial review of all 
questions arising from a denial or revocation of 
approval of an application under section 245B 
shall be governed by the standard of review set 
forth in section 706 of title 5, United States 
Code. 
‘‘(5) REMEDIAL POWERS.— 
‘‘(A) JURISDICTION.—Notwithstanding any 
other provision of law, the district courts of the 
United States shall have jurisdiction over any 
cause or claim arising from a pattern or prac-
tice of the Secretary in the operation or imple-
mentation of the Citizenship for Essential 
Workers Act, or the amendments made by that 
Act, that is arbitrary, capricious, or otherwise 
contrary to law. 
‘‘(B) SCOPE
OF
RELIEF.—The district 
courts of the United States may order any ap-
propriate relief in a clause or claim described in 
subparagraph (A) without regard to exhaustion, 
ripeness, or other standing requirements (other 
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than constitutionally mandated requirements), 
if the court determines that— 
‘‘(i) the resolution of such cause or 
claim will serve judicial and administrative 
efficiency; or 
‘‘(ii) a remedy would otherwise not be 
reasonably available or practicable. 
‘‘(6) CHALLENGES TO THE VALIDITY OF THE 
SYSTEM.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (5), any claim that section 245B or 
any regulation, written policy, written directive, 
or issued or unwritten policy or practice initi-
ated by or under the authority of the Secretary 
to implement such section, violates the Con-
stitution of the United States or is otherwise in 
violation of law is available in an action insti-
tuted in a district court of the United States in 
accordance with the procedures prescribed in 
this paragraph. 
‘‘(B) SAVINGS PROVISION.—Except as pro-
vided in subparagraph (C), nothing in subpara-
graph (A) may be construed to preclude an ap-
plicant under 245B from asserting that an ac-
tion taken or a decision made by the Secretary 
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with respect to the applicant’s status was con-
trary to law. 
‘‘(C) CLASS
ACTIONS.—Any claim de-
scribed in subparagraph (A) that is brought as 
a class action shall be brought in conformity 
with— 
‘‘(i) the Class Action Fairness Act of 
2005 (Public Law 109–2; 119 Stat. 4); 
and 
‘‘(ii) the Federal Rules of Civil Proce-
dure. 
‘‘(D) PRECLUSIVE EFFECT.—The final dis-
position of any claim brought under subpara-
graph (A) shall be preclusive of any such claim 
asserted by the same individual in a subsequent 
proceeding under this subsection. 
‘‘(E) EXHAUSTION
AND
STAY
OF
PRO-
CEEDINGS.— 
‘‘(i) IN GENERAL.—No claim brought 
under this paragraph shall require the 
plaintiff to exhaust administrative rem-
edies under section 245B(p). 
‘‘(ii) STAY AUTHORIZED.—Nothing in 
this paragraph may be construed to pre-
vent the court from staying proceedings 
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under this paragraph to permit the Sec-
retary to evaluate an allegation of an un-
written policy or practice or to take correc-
tive action. In determining whether to 
issue such a stay, the court shall take into 
account any harm the stay may cause to 
the claimant.’’. 
(c) RULEMAKING.— 
(1) IMPLEMENTATION.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary shall issue interim final rules, published in 
the Federal Register, implementing section 245B of 
the Immigration and Nationality Act, as added by 
this Act. 
(2) EFFECTIVE
DATE.—Notwithstanding sec-
tion 553 of title 5, United States Code, the rules 
issued under this subsection shall be effective, on an 
interim basis, immediately upon publication, but 
may be subject to change and revision after public 
notice and opportunity for a period of public com-
ment. 
(3) FINAL RULES.—Not later than 180 days 
after the date of publication under paragraph (2), 
the Secretary shall finalize the interim rules. 
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