1187) or any other provision of law, any noncitizen 
applying for admission at a port of entry on or after 
the date on which the public health emergency went 
into effect who is deemed inadmissible or who is ap-
prehended by U.S. Customs and Border Protection 
within 14 days after crossing the international bor-
der into the United States without authorization on 
or after the date on which the public health emer-
gency went into effect, shall, if he or she presents 
a claim to relief under the immigration laws and is 
not otherwise subject to the exception described in 
subsection (d), be paroled into the United States 
pursuant to section 212(d)(5)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1182(d)(5)(A)). 
(2) REMOVAL
PROCEEDINGS.—If the Depart-
ment of Homeland Security initiates removal pro-
ceedings against a noncitizen described in paragraph 
(1), such proceedings shall take place in accordance 
with section 240 (8 U.S.C. 1229a). 
(d) EXCEPTION.— 
(1) IN GENERAL.—Subsection (b) and the pa-
role provision under subsection (c) shall not apply if 
the Federal official authorized to carry out an immi-
gration enforcement activity described in either such 
subsection has clear and convincing evidence, based 
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on credible and individualized information, that the 
noncitizen is a threat to another person or the com-
munity. 
(2) PRIOR CONVICTION.—A prior conviction or 
pending criminal charge against the noncitizen de-
scribed in paragraph (1) may not be the sole factor 
to justify carrying out an otherwise prohibited immi-
gration enforcement activity described in subsection 
(b) or granting parole pursuant to subsection (c). 
(3) JUDICIAL REVIEW.—A noncitizen described 
in paragraph (1) is entitled to immediate de novo re-
view of the Federal official’s determination in— 
(A) the United States District Court for 
the District of Columbia; or 
(B) any Federal district court satisfying 
the venue requirements described in section 
1391 of title 28, United States Code. 
(e) UNLAWFUL
PRESENCE.—During the public 
health emergency, the accrual of unlawful presence under 
subparagraphs (B)(i)(I) and (C)(i)(I) of section 212(a)(9) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)) shall be suspended for any noncitizen who re-
sided in the United States on or before the date on which 
the public health emergency went into effect. 
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(f) IMMIGRATION COURT PROCEEDINGS.—During 
the period beginning on the date on which a public health 
emergency is in effect in any State or territory of the 
United States and ending on the date that is 30 days after 
the date on which the public health emergency is termi-
nated, the Attorney General shall— 
(1) suspend all in-person immigration court 
proceedings; 
(2) establish a procedure for conducting custody 
determination hearings for detained individuals to 
appear telephonically or by video teleconference, 
which shall permit— 
(A) attorneys and representatives to ap-
pear telephonically or by video teleconference; 
and 
(B) supporting documents to be faxed, 
emailed, or otherwise electronically transmitted 
to the appropriate court clerk; 
(3) suspend all immigration court proceedings 
not described in paragraph (2), except that cases in-
volving individuals who are detained may proceed if 
the respondent and his or her counsel or representa-
tive requests in writing that the immigration court 
proceedings move forward telephonically or by video 
teleconference; 
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(4) issue a blanket extraordinary circumstances 
exception for 1 year asylum filing deadlines; and 
(5) toll any deadline imposed by statute, regula-
tion, local rule, standing order, or policy guidance 
requiring the appearance or other action by the re-
spondent unless the respondent or the respondent’s 
counsel or legal representative submits a written re-
quest to the contrary. 
(g) LIMITATION ON USE OF FEDERAL FUNDS FOR 
RELIANCE ON ULTRA-VIRES AUTHORITY.—Federal funds 
may not be used by the Department of Homeland Security 
to expel, pursuant to section 362 or 365 of the Public 
Health Service Act (42 U.S.C. 265 and 268), any noncit-
izen who— 
(1) is present in the United States; 
(2) entered or is entering the United States at 
a port of entry; or 
(3) crossed or is crossing the United States bor-
der between ports of entry. 
(h) DURATION.— 
(1) IN GENERAL.—Subsections (b), (c), (e), and 
(f) shall remain in effect throughout the duration of 
a public health emergency and for at least 30 days 
after the public health emergency is no longer in ef-
fect. 
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(2) REMOVALS.—If an emergency referred to in 
subsection (a)(2)(D) is declared, removals shall fur-
ther remain suspended to a receiving country until 
the Secretary of Homeland Security and the Sec-
retary of State each certify in writing to Congress 
that the country— 
(A) has demonstrated evidence of dimin-
ishing cases and risk of community trans-
mission; and 
(B) has public health infrastructure that is 
able to adequately handle the return of its na-
tionals. 
(i) SAVINGS PROVISION.—Nothing in this section 
may be construed to alter the William Wilberforce Traf-
ficking Victims Protection Reauthorization Act of 2008 
(Public Law 110–457). 
Æ 
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