I 
114TH CONGRESS 
1ST SESSION 
H. R. 191 
To repeal executive immigration overreach, to clarify that the proper constitu-
tional authority for immigration policy belongs to the legislative branch, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2015 
Mr. ADERHOLT (for himself, Mr. BARLETTA, Mr. SMITH of Texas, Mr. CUL-
BERSON, Mrs. BLACKBURN, Mr. DUNCAN
of South Carolina, Mr. 
CRAWFORD, Mr. COLLINS of Georgia, and Mr. BYRNE) introduced the 
following bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Homeland Security, Foreign Affairs, 
Energy and Commerce, Ways and Means, and Oversight and Government 
Reform, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To repeal executive immigration overreach, to clarify that 
the proper constitutional authority for immigration policy 
belongs to the legislative branch, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as ‘‘The 
Repeal Executive Amnesty Act of 2015’’. 
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(b) TABLE OF CONTENTS.—The table of contents is 
as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Severability. 
TITLE I—PAROLE AUTHORITY 
Sec. 101. Parole reform. 
Sec. 102. Adjustment of status limited to aliens admitted to the United States. 
Sec. 103. Presence in the United States pursuant to parole added to priority 
date. 
Sec. 104. Admission and lawful presence required for employment authoriza-
tion. 
TITLE II—LIMITATION ON EXECUTIVE OVERREACH 
Sec. 201. Denial of funds for implementation of unauthorized actions. 
Sec. 202. ICE Law Enforcement Availability Pay (LEAP) eligibility. 
TITLE III—UNACCOMPANIED ALIEN CHILDREN 
Sec. 301. Repatriation of unaccompanied alien children. 
Sec. 302. Special immigrant juvenile status for immigrants unable to reunite 
with either parent. 
Sec. 303. Modifications to preferential availability for asylum for unaccom-
panied alien minors. 
Sec. 304. Unaccompanied alien child defined. 
TITLE IV—ELIGIBILITY CRITERIA FOR ALIENS TO RECEIVE 
CERTAIN BENEFITS 
Sec. 401. Aliens without lawful status ineligible to receive social security and 
medicare benefits. 
Sec. 402. Applying citizenship and immigration status eligibility criteria for 
Federal programs to Affordable Care Act benefits. 
Sec. 403. Aliens paroled into the United States ineligible for Federal public 
benefits. 
TITLE V—STATE AND LOCAL ENFORCEMENT OF THE 
IMMIGRATION LAWS 
Sec. 501. Definitions. 
Sec. 502. Immigration law enforcement by States and localities. 
Sec. 503. Immunity. 
Sec. 504. Federal custody of inadmissible and deportable aliens in the United 
States apprehended by State or local law enforcement. 
Sec. 505. State Criminal Alien Assistance Program (SCAAP). 
Sec. 506. Limitation on State receipt of Federal funding. 
Sec. 507. ICE detainers. 
Sec. 508. Preservation of the Secure Communities program and removal of de-
portable aliens identified under the interoperable law enforce-
ment and intelligence electronic data system. 
TITLE VI—ASYLUM REFORM AND BORDER PROTECTION 
Sec. 601. Clarification of intent regarding taxpayer-provided counsel. 
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Sec. 602. Credible fear interviews. 
Sec. 603. Recording expedited removal and credible fear interviews. 
Sec. 604. Safe third country. 
TITLE VII—MISCELLANEOUS 
Sec. 701. Suspension of effectiveness of certain laws. 
Sec. 702. Temporary protected status reform. 
SEC. 2. SEVERABILITY. 
If any provision of this Act, or the application of such 
provision to any person or circumstance, is held invalid, 
the remainder of this Act, and the application of such pro-
vision to other persons not similarly situated or to other 
circumstances, shall not be affected by such invalidation. 
TITLE I—PAROLE AUTHORITY 
SEC. 101. PAROLE REFORM. 
(a) IN GENERAL.—Paragraph (5) of section 212(d) 
(8 U.S.C. 1182(d)) is amended to read as follows: 
‘‘(5) HUMANITARIAN
AND
PUBLIC
INTEREST 
PAROLE.— 
‘‘(A) IN GENERAL.—Subject to the provi-
sions of this paragraph and section 214(f)(2), 
the Secretary of Homeland Security, in the sole 
discretion of the Secretary of Homeland Secu-
rity, may on a case-by-case basis parole an alien 
into the United States temporarily, under such 
conditions as the Secretary of Homeland Secu-
rity may prescribe, only— 
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‘‘(i) for an urgent humanitarian rea-
son (as described under subparagraph 
(B)); or 
‘‘(ii) for a reason deemed strictly in 
the public interest (as described under sub-
paragraph (C)). 
‘‘(B) HUMANITARIAN PAROLE.—The Sec-
retary of Homeland Security may parole an 
alien based on an urgent humanitarian reason 
described in this subparagraph only if— 
‘‘(i) the alien has a medical emergency 
and the alien cannot obtain necessary 
treatment in the foreign state in which the 
alien is residing or the medical emergency 
is life-threatening and there is insufficient 
time for the alien to be admitted through 
the normal visa process; 
‘‘(ii) the alien is needed in the United 
States in order to donate an organ or 
other tissue for transplant into a close 
family member; or 
‘‘(iii) the alien has a close family 
member in the United States whose death 
is imminent and the alien could not arrive 
in the United States in time to see such 
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family member alive if the alien were to be 
admitted through the normal visa process. 
‘‘(C) PUBLIC
INTEREST
PAROLE.—The 
Secretary of Homeland Security may parole an 
alien based on a reason deemed strictly in the 
public interest described in this subparagraph 
only if the alien has assisted the United States 
Government in a matter, such as a criminal in-
vestigation, espionage, or other similar law en-
forcement activity, and either the alien’s pres-
ence in the United States is required by the 
Government or the alien’s life would be threat-
ened if the alien were not permitted to come to 
the United States. 
‘‘(D) LIMITATIONS ON THE USE OF PA-
ROLE AUTHORITY.— 
‘‘(i) ALIENS
INELIGIBLE
FOR
REF-
UGEE STATUS.—The Secretary of Home-
land Security may not use the parole au-
thority under this paragraph to permit to 
come to the United States aliens who have 
applied for and have been found to be in-
eligible for refugee status or any alien to 
whom the provisions of this paragraph do 
not apply. 
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‘‘(ii) 
ALIENS
PRESENT
IN
THE 
UNITED
STATES
INELIGIBLE
FOR
PA-
ROLE.—The Secretary of Homeland Secu-
rity may not parole into the United States 
an alien who— 
‘‘(I) is physically present in the 
United States; and 
‘‘(II)(aa) has not been admitted 
to the United States; or 
‘‘(bb) was lawfully admitted to 
the United States as a nonimmigrant 
and remained in the United States 
unlawfully after the period of author-
ized stay ended. 
‘‘(iii) LIMITATION ON WORK AUTHOR-
IZATION AND ADJUSTMENT OF STATUS.— 
In the case of an alien who is present in 
the United States pursuant to a grant of 
parole under this paragraph, the Secretary 
of Homeland Security may not— 
‘‘(I) grant employment authoriza-
tion to the alien; or 
‘‘(II) admit the alien to the 
United States as a nonimmigrant or 
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as an alien admitted for lawful perma-
nent residence. 
‘‘(E) PAROLE NOT AN ADMISSION.—Parole 
of an alien under this paragraph shall not be 
considered an admission of the alien into the 
United States. When the purposes of the parole 
of an alien have been served, as determined by 
the Secretary of Homeland Security, the alien 
shall immediately return or be returned to the 
custody from which the alien was paroled and 
the alien shall be considered for admission to 
the United States on the same basis as other 
similarly situated applicants for admission. 
‘‘(F) REPORT
TO
CONGRESS.—Not later 
than 90 days after the end of each fiscal year, 
the Secretary of Homeland Security shall sub-
mit a report to the Committees on the Judici-
ary of the House of Representatives and the 
Senate describing the number and categories of 
aliens paroled into the United States under this 
paragraph. Each such report shall contain in-
formation and data concerning the number and 
categories of aliens paroled, the duration of pa-
role, and the current status of aliens paroled 
during the preceding fiscal year.’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the first day of the first 
month beginning more than 60 days after the date of the 
enactment of this Act. 
SEC. 102. ADJUSTMENT OF STATUS LIMITED TO ALIENS AD-
MITTED TO THE UNITED STATES. 
Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended in subsection (a) by striking 
‘‘or paroled’’. 
SEC. 103. PRESENCE IN THE UNITED STATES PURSUANT TO 
PAROLE ADDED TO PRIORITY DATE. 
Section 203(e) of the Immigration and Nationality 
Act (8 U.S.C. 1153(e)(3)) is amended— 
(1) in paragraph (3), by inserting before the pe-
riod at the end the following; ‘‘, in accordance with 
the requirement under paragraph (4)’’; and 
(2) by adding at the end the following: 
‘‘(4) In the case of an applicant for a visa 
under this section who is present in the United 
States pursuant to a grant of parole under section 
212(d)(5) for a period of time after making such ap-
plication, the time period during which the applicant 
is present in the United States pursuant to such a 
grant of parole shall be added to the applicant’s pri-
ority date.’’. 
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SEC. 104. ADMISSION AND LAWFUL PRESENCE REQUIRED 
FOR EMPLOYMENT AUTHORIZATION. 
Section 274A(h)(3) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(h)(3)) is amended— 
(1) by inserting before ‘‘authorized to be so em-
ployed by this Act’’ the following: ‘‘an alien other-
wise admitted to the United States and present in 
the United States with a lawful immigration status, 
who is’’; and 
(2) by striking at the end the following: ‘‘or by 
the Attorney General’’. 
TITLE II—LIMITATION ON 
EXECUTIVE OVERREACH 
SEC. 201. DENIAL OF FUNDS FOR IMPLEMENTATION OF UN-
AUTHORIZED ACTIONS. 
Notwithstanding any other provision of law, no funds 
or fees made available to the Secretary of Homeland Secu-
rity, or to the head of any other Federal agency, may be 
used to implement, administer, enforce, or carry out (in-
cluding through the issuance of any regulations) any of 
the policy changes set forth in the following memoranda: 
(1) The memorandum from the Director of 
U.S. Immigration and Customs Enforcement enti-
tled ‘‘Civil Immigration Enforcement: Priorities for 
the Apprehension, Detention, and Removal of 
Aliens’’ (March 2, 2011). 
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(2) The memorandum from the Director of 
U.S. Immigration and Customs Enforcement enti-
tled ‘‘Exercising Prosecutorial Discretion Consistent 
with the Civil Immigration Enforcement Priorities of 
the Agency for the Apprehension, Detention, and 
Removal of Aliens’’ (June 17, 2011). 
(3) The memorandum from the Director of 
U.S. Immigration and Customs Enforcement enti-
tled ‘‘Prosecutorial Discretion: Certain Victims, Wit-
nesses, and Plaintiffs’’ (June 17, 2011). 
(4) The U.S. Citizenship and Immigration Serv-
ices policy memorandum entitled ‘‘Revised Guidance 
for the Referral of Cases and Issuance of Notices to 
Appear (NTAs) in Cases Involving Inadmissible and 
Removable Aliens’’ (November 17, 2011). 
(5) The memorandum from the Principal Legal 
Advisor of U.S. Immigration and Customs Enforce-
ment entitled ‘‘Case-by-Case Review of Incoming 
and Certain Pending Cases’’ (November 17, 2011). 
(6) The recommendations included in the report 
from the Director of U.S. Immigration and Customs 
Enforcement entitled ‘‘ICE Response to the Task 
Force on Secure Communities Findings and Rec-
ommendations’’ (April 27, 2012). 
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(7) The memorandum from the Secretary of 
Homeland Security entitled ‘‘Exercising Prosecu-
torial Discretion with Respect to Individuals Who 
Came to the United States as Children’’ (June 15, 
2012). 
(8) The memorandum from the Director of 
U.S. Immigration and Customs Enforcement enti-
tled ‘‘Civil Immigration Enforcement: Guidance on 
the Use of Detainers in the Federal, State, Local, 
and Tribal Criminal Justice Systems’’ (December 
21, 2012). 
(9) The U.S. Citizenship and Immigration Serv-
ices policy memorandum entitled ‘‘Adjudication of 
Adjustment of Status Applications for Individuals 
Admitted to the United States Under the Visa Waiv-
er Program’’ (November 14, 2013). 
(10) The memorandum from the Secretary of 
Homeland Security entitled ‘‘Southern Border and 
Approaches Campaign’’ (November 20, 2014). 
(11) The memorandum from the Secretary of 
Homeland Security entitled ‘‘Policies for the Appre-
hension, Detention and Removal of Undocumented 
Immigrants’’ (November 20, 2014). 
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(12) The memorandum from the Secretary of 
Homeland Security entitled ‘‘Secure Communities’’ 
(November 20, 2014). 
(13) The memorandum from the Secretary of 
Homeland Security entitled ‘‘Exercising Prosecu-
torial Discretion with Respect to Individuals Who 
Came to the United States as Children and with Re-
spect to Certain Individuals Who Are the Parents of 
U.S. Citizens or Permanent Residents’’ (November 
20, 2014). 
(14) The memorandum from the Secretary of 
Homeland Security entitled ‘‘Expansion of the Pro-
visional Waiver Program’’ (November 20, 2014). 
(15) The memorandum from the Secretary of 
Homeland Security entitled ‘‘Policies Supporting 
U.S. High-Skilled Businesses and Workers’’ (No-
vember 20, 2014). 
(16) The memorandum from the Secretary of 
Homeland Security entitled ‘‘Families of U.S. 
Armed Forces Members and Enlistees’’ (November 
20, 2014). 
(17) The memorandum from the Secretary of 
Homeland Security entitled ‘‘Directive to Provide 
Consistency Regarding Advance Parole’’ (November 
20, 2014). 
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(18) The memorandum from the Secretary of 
Homeland Security entitled ‘‘Policies to Promote 
and Increase Access to U.S. Citizenship’’ (November 
20, 2014). 
(19) The memorandum from the President enti-
tled ‘‘Modernizing and Streamlining the U.S. Immi-
grant Visa System for the 21st Century’’ (November 
21, 2014). 
(20) The memorandum from the President enti-
tled ‘‘Creating Welcoming Communities and Fully 
Integrating Immigrants and Refugees’’ (November 
21, 2014). 
SEC. 202. ICE LAW ENFORCEMENT AVAILABILITY PAY 
(LEAP) ELIGIBILITY. 
(a) AVAILABILITY PAY FOR LAW ENFORCEMENT.— 
Section 5545a of title 5, United States Code, is amended 
by adding at the end the following: 
‘‘(l) APPLICATION TO CERTAIN OFFICERS AND EM-
PLOYEES OF THE DEPARTMENT OF HOMELAND SECU-
RITY.—Subsections (a) through (h) of this section shall 
apply to a law enforcement officer of the Office of En-
forcement and Removal Operations of Immigration and 
Customs Enforcement.’’. 
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(b) ANNUITY
CALCULATION
FOR
AVAILABILITY 
PAY.—Section 8331(3)(E) of title 5, United States Code, 
is amended— 
(1) in clause (i), by striking ‘‘or’’ at the end; 
(2) in clause (ii), by adding ‘‘or’’ at the end; 
and 
(3) by adding after clause (ii) the following: 
‘‘(iii) received by a law enforcement 
officer of the Office of Enforcement and 
Removal Operations of Immigration and 
Customs Enforcement, subject to all re-
strictions and earning limitations imposed 
on criminal investigators under section 
5545a;’’. 
(c) APPLICABILITY.—The amendments made by this 
section shall be effective as of the first day of the first 
applicable pay period beginning 90 days after the date of 
enactment of this Act. 
TITLE III—UNACCOMPANIED 
ALIEN CHILDREN 
SEC. 301. REPATRIATION OF UNACCOMPANIED ALIEN CHIL-
DREN. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended— 
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(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) by amending the heading to read 
as follows: ‘‘RULES FOR UNACCOMPANIED 
ALIEN CHILDREN.’’; 
(ii) in subparagraph (A); 
(I) in the matter preceding clause 
(i), by striking ‘‘who is a national or 
habitual resident of a country that is 
contiguous with the United States’’; 
(II) in clause (i), by inserting 
‘‘and’’ at the end; 
(III) in clause (ii), by striking ‘‘; 
and’’ and inserting a period; and 
(IV) by striking clause (iii); 
(iii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i), by striking ‘‘(8 U.S.C. 1101 et 
seq.) 
may—’’ 
and 
inserting 
‘‘(8 
U.S.C. 1101 et seq.)—’’; 
(II) in clause (i), by inserting be-
fore ‘‘permit such child to withdraw’’ 
the following: ‘‘may’’; and 
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(III) in clause (ii), by inserting 
before ‘‘return such child’’ the fol-
lowing: ‘‘shall’’; and 
(iv) in subparagraph (C)— 
(I) by amending the heading to 
read as follows: ‘‘AGREEMENTS WITH 
FOREIGN COUNTRIES.’’; and 
(II) in the matter preceding 
clause (i), by striking ‘‘The Secretary 
of State shall negotiate agreements 
between the United States and coun-
tries contiguous to the United States’’ 
and inserting ‘‘The Secretary of State 
may negotiate agreements between the 
United States and any foreign country 
that the Secretary determines appro-
priate’’; and 
(B) in paragraph (5)(D)— 
(i) in the matter preceding clause (i), 
by striking ‘‘, except for an unaccompanied 
alien child from a contiguous country sub-
ject to the exceptions under subsection 
(a)(2),’’ and inserting ‘‘who does not meet 
the criteria listed in paragraph (2)(A)’’; 
and 
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(ii) in clause (i), by inserting before 
the semicolon at the end the following: ‘‘, 
which shall include a hearing before an im-
migration judge not later than 14 days 
after being screened under paragraph (4)’’; 
(2) in subsection (b)— 
(A) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘48 hours’’ and in-
serting ‘‘7 days’’; 
(ii) in subparagraph (A), by inserting 
before the semicolon the following: ‘‘be-
lieved not to meet the criteria listed in sub-
section (a)(2)(A)’’; and 
(iii) in subparagraph (B), by inserting 
before the period the following: ‘‘and does 
not meet the criteria listed in subsection 
(a)(2)(A)’’; and 
(B) in paragraph (3), by striking ‘‘an un-
accompanied alien child in custody shall’’ and 
all that follows, and inserting the following: ‘‘an 
unaccompanied alien child in custody— 
‘‘(A) in the case of a child who does not 
meet the criteria listed in subsection (a)(2)(A), 
shall transfer the custody of such child to the 
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Secretary of Health and Human Services not 
later than 30 days after determining that such 
child is an unaccompanied alien child who does 
not meet such criteria; or 
‘‘(B) in the case of child who meets the 
criteria listed in subsection (a)(2)(A), may 
transfer the custody of such child to the Sec-
retary of Health and Human Services after de-
termining that such child is an unaccompanied 
alien child who meets such criteria.’’; 
(3) by adding at the end the following: 
‘‘(5) INFORMATION
SHARING.—The Secretary 
of Health and Human Services shall share with the 
Secretary of Homeland Security any information re-
quested on a child who has been determined to be 
an unaccompanied alien child and who is or has 
been in the custody of the Secretary of Health and 
Human Services, including the location of the child 
and any person to whom custody of the child has 
been transferred, for any legitimate law enforcement 
objective, including enforcement of the immigration 
laws.’’; and 
(4) in subsection (c)— 
(A) in paragraph (3), by inserting at the 
end the following: 
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‘‘(D) INFORMATION
ABOUT
INDIVIDUALS 
WITH WHOM CHILDREN ARE PLACED.— 
‘‘(i) INFORMATION TO BE PROVIDED 
TO HOMELAND SECURITY.—Before placing 
a child with an individual, the Secretary of 
Health and Human Services shall provide 
to the Secretary of Homeland Security, re-
garding the individual with whom the child 
will be placed, the following information: 
‘‘(I) The name of the individual. 
‘‘(II) The social security number 
of the individual. 
‘‘(III) The date of birth of the in-
dividual. 
‘‘(IV) The location of the individ-
ual’s residence where the child will be 
placed. 
‘‘(V) The immigration status of 
the individual, if known. 
‘‘(VI) Contact information for 
the individual. 
‘‘(ii) SPECIAL RULE.—In the case of a 
child who was apprehended on or after 
June 15, 2012, and before the date of the 
enactment of the Repeal Executive Am-
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nesty Act of 2015, who the Secretary of 
Health and Human Services placed with 
an individual, the Secretary shall provide 
the information listed in clause (i) to the 
Secretary of Homeland Security not later 
than 90 days after the date of the enact-
ment of the Repeal Executive Amnesty Act 
of 2015. 
‘‘(iii) ACTIVITIES OF THE SECRETARY 
OF HOMELAND SECURITY.—Not later than 
30 days after receiving the information 
listed in clause (i), the Secretary of Home-
land Security shall— 
‘‘(I) in the case that the immi-
gration status of an individual with 
whom a child is placed is unknown, 
investigate the immigration status of 
that individual; and 
‘‘(II) upon determining that an 
individual with whom a child is placed 
is unlawfully present in the United 
States, initiate removal proceedings 
pursuant to chapter 4 of title II of the 
Immigration and Nationality Act (8 
U.S.C. 1221 et seq.).’’; and 
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(B) in paragraph (5)— 
(i) by inserting after ‘‘to the greatest 
extent practicable’’ the following: ‘‘(at no 
expense to the Government)’’; and 
(ii) by striking ‘‘have counsel to rep-
resent them’’ and inserting ‘‘have access to 
counsel to represent them’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to any unauthorized alien child ap-
prehended on or after June 15, 2012. 
SEC. 302. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM-
MIGRANTS UNABLE TO REUNITE WITH EI-
THER PARENT. 
Section 101(a)(27)(J)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by 
striking ‘‘1 or both of the immigrant’s parents’’ and in-
serting ‘‘either of the immigrant’s parents’’. 
SEC. 
303. 
MODIFICATIONS 
TO 
PREFERENTIAL 
AVAIL-
ABILITY FOR ASYLUM FOR UNACCOMPANIED 
ALIEN MINORS. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended— 
(1) by striking subsection (a)(2)(E); and 
(2) by striking subsection (b)(3)(C). 
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SEC. 304. UNACCOMPANIED ALIEN CHILD DEFINED. 
Section 462(g)(2) of the Homeland Security Act of 
2002 (6 U.S.C. 279(g)(2)) is amended to read as follows: 
‘‘(2) The term ‘unaccompanied alien child’— 
‘‘(A) means an alien who— 
‘‘(i) has no lawful immigration status 
in the United States; 
‘‘(ii) has not attained 18 years of age; 
and 
‘‘(iii) with respect to whom— 
‘‘(I) there is no parent or legal 
guardian in the United States; 
‘‘(II) no parent or legal guardian 
in the United States is available to 
provide care and physical custody; or 
‘‘(III) no sibling over 18 years of 
age, aunt, uncle, grandparent, or 
cousin over 18 years of age is avail-
able to provide care and physical cus-
tody; except that 
‘‘(B) such term shall cease to include an 
alien if at any time a parent, legal guardian, 
sibling over 18 years of age, aunt, uncle, grand-
parent, or cousin over 18 years of age of the 
alien is found in the United States and is avail-
able to provide care and physical custody (and 
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the Secretary of Homeland Security and the 
Secretary of Health and Human Services shall 
revoke accordingly any prior designation of the 
alien under this paragraph).’’. 
TITLE 
IV—ELIGIBILITY 
CRI-
TERIA FOR ALIENS TO RE-
CEIVE CERTAIN BENEFITS 
SEC. 401. ALIENS WITHOUT LAWFUL STATUS INELIGIBLE 
TO RECEIVE SOCIAL SECURITY AND MEDI-
CARE BENEFITS. 
Section 401(b) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1611(b)) is amended— 
(1) in paragraph (2), by adding at the end the 
following: ‘‘For purposes of this paragraph, the term 
‘alien who is lawfully present in the United States’ 
means an alien who has been admitted to the United 
States, and whose period of lawful admission has not 
expired, and does not include an alien who is present 
in the United States pursuant to a grant of parole 
under section 212(d)(5) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(d)(5)).’’; and 
(2) in paragraph (3), by adding at the end the 
following: ‘‘For purposes of this paragraph, the term 
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‘alien who is lawfully present in the United States’ 
has the meaning given such term in paragraph (2).’’. 
SEC. 402. APPLYING CITIZENSHIP AND IMMIGRATION STA-
TUS ELIGIBILITY CRITERIA FOR FEDERAL 
PROGRAMS TO AFFORDABLE CARE ACT BEN-
EFITS. 
(a) APPLYING QUALIFIED ALIEN ELIGIBILITY CRI-
TERIA TO ACA BENEFITS.— 
(1) TEMPORARY
HIGH
RISK
HEALTH
INSUR-
ANCE POOL PROGRAM.—Section 1101(d)(1) of the 
Patient Protection and Affordable Care Act (42 
U.S.C. 18001(d)(1)) is amended by striking ‘‘or is 
lawfully present’’ and all that follows through ‘‘sec-
tion 1411)’’ and inserting ‘‘or is a qualified alien (as 
defined in section 431 of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1641)), as determined in accordance with 
section 1411’’. 
(2) ELIGIBILITY
TO
PARTICIPATE
IN
EX-
CHANGES.—Section 1312(f)(3) of such Act (42 
U.S.C. 18032(f)(3)) is amended— 
(A) in the paragraph heading, by inserting 
‘‘CERTAIN’’ after ‘‘LIMITED TO’’; and 
(B) by striking ‘‘an alien lawfully present 
in the United States’’ and inserting ‘‘an alien 
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(b) CLARIFICATION THAT CERTAIN ACA BENEFITS 
TREATED
AS
FEDERAL
PUBLIC
BENEFITS.—Section 
401(c) of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)) is 
amended by adding at the end the following new para-
graph: 
‘‘(3) In applying paragraph (1), the following 
assistance and benefits are treated as health benefits 
described in paragraph (1)(B): 
‘‘(A) Enrollment under the temporary high 
risk health insurance pool program under sec-
tion 1101 of the Patient Protection and Afford-
able Care Act (42 U.S.C. 18001). 
‘‘(B) Participation in an Exchange estab-
lished under title I of the Patient Protection 
and Affordable Care Act. 
‘‘(C) Participation in the health program 
established under section 1331(a) of the Pa-
tient Protection and Affordable Care Act (42 
U.S.C. 18051). 
‘‘(D) Allowance of a tax credit under sec-
tion 36B of the Internal Revenue Code of 1986. 
‘‘(E) Reduction of cost-sharing under 
qualified health plans under section 1402 of the 
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Patient Protection and Affordable Care Act (42 
U.S.C. 18071). 
‘‘(F) Provision of advance payments under 
section 1412 of the Patient Protection and Af-
fordable Care Act (42 U.S.C. 18082).’’. 
(c) CLARIFICATION THAT CERTAIN ACA BENEFITS 
TREATED AS FEDERAL MEANS-TESTED PUBLIC BENE-
FITS.—Section 403(c) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1613(c)) is amended by adding at the end the following 
new paragraph: 
‘‘(3) In applying this section, assistance and 
benefits described in section 401(c)(3) are treated as 
Federal means-tested public benefits to which sub-
section (a) applies.’’. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the amendments made by this section shall apply to 
coverage months beginning more than 120 days 
after the date of the enactment of this Act. 
(2) TRANSITION FOR CURRENT ENROLLEES.— 
In the case of an individual who is being provided 
assistance or benefits described in paragraph (3) of 
section 401(c) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 
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U.S.C. 1611(c)), as added by subsection (b), as of 
the date of the enactment of this Act, the amend-
ments made by this section (other than the amend-
ments made by subsection (a)(8)) shall not apply 
with respect to such assistance or benefits provided 
to such individual for coverage months before Janu-
ary of the year after the date of enactment of this 
Act. 
SEC. 403. ALIENS PAROLED INTO THE UNITED STATES IN-
ELIGIBLE FOR FEDERAL PUBLIC BENEFITS. 
Section 431(b) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1641(b)) is amended by striking paragraph (4). 
TITLE V—STATE AND LOCAL EN-
FORCEMENT OF THE IMMI-
GRATION LAWS 
SEC. 501. DEFINITIONS. 
(a) STATE DEFINED.—For the purposes of this title, 
the term ‘‘State’’ has the meaning given to such term in 
section 101(a)(36) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(36)). 
(b) SECRETARY DEFINED.—For the purpose of this 
title, the term ‘‘Secretary’’ means the Secretary of Home-
land Security. 
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SEC. 502. IMMIGRATION LAW ENFORCEMENT BY STATES 
AND LOCALITIES. 
Law enforcement personnel of a State, or of a polit-
ical subdivision of a State, may investigate, identify, ap-
prehend, arrest, detain, or transfer to Federal custody 
aliens for the purposes of enforcing the immigration laws 
of the United States to the same extent as Federal law 
enforcement personnel. Law enforcement personnel of a 
State, or of a political subdivision of a State, may also 
investigate, identify, apprehend, arrest, or detain aliens 
for the purposes of enforcing the immigration laws of a 
State or of a political subdivision of State. Law enforce-
ment personnel of a State, or of a political subdivision of 
a State, may not remove aliens from the United States. 
SEC. 503. IMMUNITY. 
Notwithstanding any other provision of law, a law en-
forcement officer of a State or local law enforcement agen-
cy who is acting within the scope of the officer’s official 
duties shall be immune, to the same extent as a Federal 
law enforcement officer, from personal liability arising out 
of the performance of any duty described in this title, in-
cluding the authorities to investigate, identify, apprehend, 
arrest, detain, or transfer to Federal custody, an alien for 
the purposes of enforcing the immigration laws of the 
United States (as defined in section 101(a)(17) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(17))) or 
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the immigration laws of a State or a political subdivision 
of a State. 
SEC. 504. FEDERAL CUSTODY OF INADMISSIBLE AND DE-
PORTABLE ALIENS IN THE UNITED STATES 
APPREHENDED BY STATE OR LOCAL LAW EN-
FORCEMENT. 
(a) IN GENERAL.—Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
inserting after section 240C the following: 
‘‘CUSTODY OF INADMISSIBLE AND DEPORTABLE ALIENS 
PRESENT IN THE UNITED STATES 
‘‘SEC. 240D. 
‘‘(a) TRANSFER OF CUSTODY BY STATE AND LOCAL 
OFFICIALS.—If a State, or a political subdivision of a 
State, exercising authority with respect to the apprehen-
sion or arrest of an inadmissible or deportable alien sub-
mits to the Secretary of Homeland Security a request that 
the alien be taken into Federal custody, notwithstanding 
any other provision of law, regulation, or policy the Sec-
retary— 
‘‘(1) shall take the alien into custody not later 
than 48 hours after the request has been issued fol-
lowing the conclusion of the State or local charging 
process or dismissal process, or if no State or local 
charging or dismissal process is required, the Sec-
retary shall issue a detainer and take the alien into 
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