155 
(B) in paragraph (2), by inserting after 
‘‘in the case of an alien who has been previously 
subject to a civil penalty under this subsection’’ 
the following: ‘‘or subsection (e)(2)(B)’’; and 
(3) by adding at the end the following: 
‘‘(e) VISA OVERSTAYS.— 
‘‘(1) IN GENERAL.—An alien who was admitted 
as a nonimmigrant has violated this paragraph if the 
alien, for an aggregate of 10 days or more, has 
failed— 
‘‘(A) to maintain the nonimmigrant status 
in which the alien was admitted, or to which it 
was changed under section 248, including com-
plying with the period of stay authorized by the 
Secretary of Homeland Security in connection 
with such status; or 
‘‘(B) to comply otherwise with the condi-
tions of such nonimmigrant status. 
‘‘(2) PENALTIES.—An alien who has violated 
paragraph (1)— 
‘‘(A) shall— 
‘‘(i) for the first commission of such a 
violation, be fined under title 18, United 
States Code, or imprisoned not more than 
6 months, or both; and 
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‘‘(ii) for a subsequent commission of 
such a violation, or if the alien was pre-
viously convicted of an offense under sub-
section (a), be fined under such title 18, or 
imprisoned not more than 2 years, or both; 
and 
‘‘(B) in addition to, and not in lieu of, any 
penalty under subparagraph (A) and any other 
criminal or civil penalties that may be imposed, 
shall be subject to a civil penalty of— 
‘‘(i) not less than $500 and not more 
than $1,000 for each violation; or 
‘‘(ii) twice the amount specified in 
clause (i), in the case of an alien who has 
been previously subject to a civil penalty 
under this subparagraph or subsection 
(b).’’. 
TITLE VII—IMMIGRATION 
PAROLE REFORM 
SEC. 701. IMMIGRATION PAROLE REFORM. 
Section 212(d)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1182(d)(5)) is amended to read as follows: 
‘‘(5)(A) Except as provided in subparagraphs (B) 
and (C) and section 214(f), the Secretary of Homeland 
Security, in the discretion of the Secretary, may tempo-
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157 
rarily parole into the United States any alien applying for 
admission to the United States who is not present in the 
United States, under such conditions as the Secretary may 
prescribe, on a case-by-case basis, and not according to 
eligibility criteria describing an entire class of potential 
parole recipients, for urgent humanitarian reasons or sig-
nificant public benefit. Parole granted under this subpara-
graph may not be regarded as an admission of the alien. 
When the purposes of such parole have been served in the 
opinion of the Secretary, the alien shall immediately re-
turn or be returned to the custody from which the alien 
was paroled. After such return, the case of the alien shall 
be dealt with in the same manner as the case of any other 
applicant for admission to the United States. 
‘‘(B) The Secretary of Homeland Security may grant 
parole to any alien who— 
‘‘(i) is present in the United States without 
lawful immigration status; 
‘‘(ii) is the beneficiary of an approved petition 
under section 203(a); 
‘‘(iii) is not otherwise inadmissible or remov-
able; and 
‘‘(iv) is the spouse or child of a member of the 
Armed Forces serving on active duty. 
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158 
‘‘(C) The Secretary of Homeland Security may grant 
parole to any alien— 
‘‘(i) who is a national of the Republic of Cuba 
and is living in the Republic of Cuba; 
‘‘(ii) who is the beneficiary of an approved peti-
tion under section 203(a); 
‘‘(iii) for whom an immigrant visa is not imme-
diately available; 
‘‘(iv) who meets all eligibility requirements for 
an immigrant visa; 
‘‘(v) who is not otherwise inadmissible; and 
‘‘(vi) who is receiving a grant of parole in fur-
therance of the commitment of the United States to 
the minimum level of annual legal migration of 
Cuban nationals to the United States specified in 
the U.S.-Cuba Joint Communique´ on Migration, 
done at New York September 9, 1994, and re-
affirmed in the Cuba-United States: Joint Statement 
on Normalization of Migration, Building on the 
Agreement of September 9, 1994, done at New York 
May 2, 1995. 
‘‘(D) The Secretary of Homeland Security may grant 
parole to an alien who is returned to a contiguous country 
under section 235(b)(3) to allow the alien to attend the 
alien’s immigration hearing. The grant of parole shall not 
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159 
exceed the time required for the alien to be escorted to, 
and attend, the alien’s immigration hearing scheduled on 
the same calendar day as the grant, and to immediately 
thereafter be escorted back to the contiguous country. A 
grant of parole under this subparagraph shall not be con-
sidered for purposes of determining whether the alien is 
inadmissible under this Act. 
‘‘(E) For purposes of determining an alien’s eligi-
bility for parole under subparagraph (A), an urgent hu-
manitarian reason shall be limited to circumstances in 
which the alien establishes that— 
‘‘(i)(I) the alien has a medical emergency; and 
‘‘(II)(aa) the alien cannot obtain necessary 
treatment in the foreign state in which the alien is 
residing; or 
‘‘(bb) the medical emergency is life-threatening 
and there is insufficient time for the alien to be ad-
mitted to the United States through the normal visa 
process; 
‘‘(ii) the alien is the parent or legal guardian of 
an alien described in clause (i) and the alien de-
scribed in clause (i) is a minor; 
‘‘(iii) the alien is needed in the United States 
in order to donate an organ or other tissue for 
transplant and there is insufficient time for the alien 
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160 
to be admitted to the United States through the nor-
mal visa process; 
‘‘(iv) 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 family member alive if the alien were to be ad-
mitted to the United States through the normal visa 
process; 
‘‘(v) the alien is seeking to attend the funeral 
of a close family member and the alien could not ar-
rive in the United States in time to attend such fu-
neral if the alien were to be admitted to the United 
States through the normal visa process; 
‘‘(vi) the alien is an adopted child with an ur-
gent medical condition who is in the legal custody of 
the petitioner for a final adoption-related visa and 
whose medical treatment is required before the ex-
pected award of a final adoption-related visa; or 
‘‘(vii) the alien is a lawful applicant for adjust-
ment of status under section 245 and is returning 
to the United States after temporary travel abroad. 
‘‘(F) For purposes of determining an alien’s eligi-
bility for parole under subparagraph (A), a significant 
public benefit may be determined to result from the parole 
of an alien only if— 
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161 
‘‘(i) the alien has assisted (or will assist, wheth-
er knowingly or not) the United States Government 
in a law enforcement matter; 
‘‘(ii) the alien’s presence is required by the Gov-
ernment in furtherance of such law enforcement 
matter; and 
‘‘(iii) the alien is inadmissible, does not satisfy 
the eligibility requirements for admission as a non-
immigrant, or there is insufficient time for the alien 
to be admitted to the United States through the nor-
mal visa process. 
‘‘(G) For purposes of determining an alien’s eligi-
bility for parole under subparagraph (A), the term ‘case- 
by-case basis’ means that the facts in each individual case 
are considered and parole is not granted based on mem-
bership in a defined class of aliens to be granted parole. 
The fact that aliens are considered for or granted parole 
one-by-one and not as a group is not sufficient to establish 
that the parole decision is made on a ‘case-by-case basis’. 
‘‘(H) The Secretary of Homeland Security may not 
use the parole authority under this paragraph to parole 
an alien into the United States for any reason or purpose 
other than those described in subparagraphs (B), (C), (D), 
(E), and (F). 
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162 
‘‘(I) An alien granted parole may not accept employ-
ment, except that an alien granted parole pursuant to sub-
paragraph (B) or (C) is authorized to accept employment 
for the duration of the parole, as evidenced by an employ-
ment authorization document issued by the Secretary of 
Homeland Security. 
‘‘(J) Parole granted after a departure from the 
United States shall not be regarded as an admission of 
the alien. An alien granted parole, whether as an initial 
grant of parole or parole upon reentry into the United 
States, is not eligible to adjust status to lawful permanent 
residence or for any other immigration benefit if the immi-
gration status the alien had at the time of departure did 
not authorize the alien to adjust status or to be eligible 
for such benefit. 
‘‘(K)(i) Except as provided in clauses (ii) and (iii), 
parole shall be granted to an alien under this paragraph 
for the shorter of— 
‘‘(I) a period of sufficient length to accomplish 
the activity described in subparagraph (D), (E), or 
(F) for which the alien was granted parole; or 
‘‘(II) 1 year. 
‘‘(ii) Grants of parole pursuant to subparagraph (A) 
may be extended once, in the discretion of the Secretary, 
for an additional period that is the shorter of— 
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‘‘(I) the period that is necessary to accomplish 
the activity described in subparagraph (E) or (F) for 
which the alien was granted parole; or 
‘‘(II) 1 year. 
‘‘(iii) Aliens who have a pending application to adjust 
status to permanent residence under section 245 may re-
quest extensions of parole under this paragraph, in 1-year 
increments, until the application for adjustment has been 
adjudicated. Such parole shall terminate immediately upon 
the denial of such adjustment application. 
‘‘(L) Not later than 90 days after the last day of each 
fiscal year, the Secretary of Homeland Security shall sub-
mit to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Rep-
resentatives and make available to the public, a report— 
‘‘(i) identifying the total number of aliens pa-
roled into the United States under this paragraph 
during the previous fiscal year; and 
‘‘(ii) containing information and data regarding 
all aliens paroled during such fiscal year, includ-
ing— 
‘‘(I) the duration of parole; 
‘‘(II) the type of parole; and 
‘‘(III) the current status of the aliens so 
paroled.’’. 
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SEC. 702. IMPLEMENTATION. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this title and the amendments made by this title shall 
take effect on the date that is 30 days after the date of 
the enactment of this Act. 
(b) EXCEPTIONS.—Notwithstanding subsection (a), 
each of the following exceptions apply: 
(1) Any application for parole or advance parole 
filed by an alien before the date of the enactment of 
this Act shall be adjudicated under the law that was 
in effect on the date on which the application was 
properly filed and any approved advance parole shall 
remain valid under the law that was in effect on the 
date on which the advance parole was approved. 
(2) Section 212(d)(5)(J) of the Immigration 
and Nationality Act, as added by section 701 of this 
title, shall take effect on the date of the enactment 
of this Act. 
(3) Aliens who were paroled into the United 
States pursuant to section 212(d)(5)(A) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(d)(5)(A)) before January 1, 2023, shall con-
tinue to be subject to the terms of parole that were 
in effect on the date on which their respective parole 
was approved. 
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SEC. 703. CAUSE OF ACTION. 
Any person, State, or local government that experi-
ences financial harm in excess of $1,000 due to a failure 
of the Federal Government to lawfully apply the provisions 
of this title or the amendments made by this title shall 
have standing to bring a civil action against the Federal 
Government in an appropriate district court of the United 
States for appropriate relief. 
SEC. 704. SEVERABILITY. 
If any provision of this title or any amendment by 
this title, or the application of such provision or amend-
ment to any person or circumstance, is held to be uncon-
stitutional, the remainder of this title and the application 
of such provision or amendment to any other person or 
circumstance shall not be affected. 
Æ 
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