I 
109TH CONGRESS 
1ST SESSION H. R. 2092 
To amend the Immigration and Nationality Act to comprehensively reform 
immigration law and to better protect immigrant victims of violence, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 4, 2005 
Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committees 
on Ways and Means, Energy and Commerce, Agriculture, Homeland Se-
curity, and Financial Services, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to com-
prehensively reform immigration law and to better pro-
tect immigrant victims of violence, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES TO ACT. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Save America Comprehensive Immigration Act of 2005’’.
(b) REFERENCES TO THE IMMIGRATION AND NA-
TIONALITY ACT.—Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed 
in terms of an amendment to, or repeal of, a section or 
other provision, the reference shall be considered to be 
made to a section or other provision of the Immigration 
and Nationality Act. 
TITLE I—FAMILY-BASED 
IMMIGRATION 
SEC. 101. INCREASING THE ALLOCATION OF FAMILY-BASED 
IMMIGRANT VISAS. 
Section 201(c)(8 U.S.C. 115(c)) is amended to read 
as follows: 
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED 
IMMIGRANTS.—The worldwide level of family-sponsored 
immigrants under this subsection for a fiscal year shall 
be no more than 960,000.’’. 
SEC. 102. PROTECTION AGAINST PROCESSING DELAYS. 
(a) AGE-OUT PROTECTION FOR CHILDREN.— 
(1) IN
GENERAL.—Chapter 1 of title IV (8 
U.S.C. 1101 note) is amended by adding at the end 
the following: 
‘‘AGE-OUT PROTECTION FOR CHILDREN 
‘‘SEC. 408. (a) IN GENERAL.—In the case of an ap-
plication initially to grant a benefit under this Act (other 
than an application for naturalization) that otherwise
would be granted only after a determination that the bene-
ficiary of the application is a child (such as classification 
as an immediate relative under section 201(b)(2)(A)(i)), 
if the application is neither approved nor denied (on proce-
dural or substantive grounds) during the 90-day period 
beginning on the date of the filing of the application, the 
beneficiary shall be considered to be a child for all pur-
poses related to the receipt of the benefit if the beneficiary 
was a child on the last day of such 90-day period, and 
the beneficiary shall not otherwise be prejudiced with re-
spect to such determination by such delay, and shall be 
considered to be a child under this Act for all purposes 
related to such application. 
‘‘(b) TERMINATION
OF BENEFIT.—Subsection (a) 
shall remain in effect until the termination of the 1-year 
period beginning on the date on which the application de-
scribed in such paragraph is approved.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents is amended by inserting after the item relating 
to section 407 the following: 
‘‘Sec. 408. Age-out protection for children.’’. 
(b) TIMELINESS OF ADOPTION FOR IMMIGRATION 
PURPOSES.— 
(1) IN GENERAL.—Section 101(b)(1)(E)(i) (8 
U.S.C. 1101(b)(1)(E)(i)) is amended by striking ‘‘a 
child adopted while under the age of sixteen years’’
and inserting ‘‘a child, under the age of 16 when 
adoption proceedings were initiated,’’. 
(2) SPECIAL
RULE
FOR
SIBLINGS.—Section 
101(b)(1)(E)(ii)(III) 
(8 
U.S.C. 
1101(b)(1)(E)(ii)(III)) is amended by striking 
‘‘adopted while under the age of 18 years’’ and in-
serting ‘‘under the age of 18 when adoption pro-
ceedings were initiated’’. 
SEC. 103. TEMPORARY STATUS PENDING RECEIPT OF PER-
MANENT RESIDENT STATUS. 
(a) CLASSES OF NONIMMIGRANT ALIENS.—Section 
101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (ii); 
(2) by adding ‘‘or’’ at the end of clause (iii); 
and 
(3) by adding at the end the following: 
‘‘(iv)(I) has concluded a valid mar-
riage with an alien lawfully admitted for 
permanent residence, is the parent of a cit-
izen of the United States, or is the child, 
son, or daughter of an alien lawfully ad-
mitted for permanent residence or a citizen 
of the United States; (II) is the beneficiary 
of an approved petition to accord immi-
grant status on the basis of such family re-
lationship that was filed under section 204 
by such family member; (III) has available 
to the alien an immigrant visa number; 
(IV) has waited more than 6 months for 
the issuance of an immigrant visa based 
upon an application made by the alien; and 
(V) seeks to enter the United States to 
await such issuance;’’. 
(b) 
ADMISSION
OF
NONIMMIGRANTS.—Section 
214(d) (8 U.S.C. 1184(d)) is amended— 
(1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 
and 
(2) by adding at the end the following: 
‘‘(2) A visa shall not be issued under the provisions 
of section 101(a)(15)(K)(iv) until the consular officer has 
received a petition filed in the United States by the lawful 
permanent resident or citizen relative of the applying alien 
and approved by the Secretary of Homeland Security. The 
petition shall be in such form and contain such informa-
tion as the Secretary shall, by regulation, prescribe.’’. 
SEC. 104. ELIMINATION OF AFFIDAVIT OF SUPPORT RE-
QUIREMENT. 
(a) GROUNDS FOR INELIGIBILITY FOR ADMISSION.— 
Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended—
(1) by amending subparagraph (B)(ii) to read 
as follows: 
‘‘(ii) If an alien submits an affidavit of 
support described in section 213A, in addition 
to the factors under clause (i), the consular of-
ficer or the Attorney General shall also consider 
such affidavit in determining whether the alien 
is inadmissible under this paragraph.’’; and 
(2) by striking subparagraphs (C) and (D). 
(b) REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF 
SUPPORT.—Subsections 
(a)(1)(A), 
(f)(1)(E), 
and 
(f)(4)(B)(i) of section 213A (8 U.S.C. 1183a(a)(1)(A), 
(f)(1)(E), and (f)(4)(B)(i)) are amended by striking 
‘‘125’’ and inserting ‘‘100’’. 
SEC. 105. ACQUISITION OF CITIZENSHIP FOR CHILDREN 
BORN ABROAD AND OUT OF WEDLOCK TO A 
UNITED STATES CITIZEN FATHER. 
(a) 
REQUIREMENTS
FOR
CITIZENSHIP
ELIGI-
BILITY.—Section 309(a) (8 U.S.C. 1409(a)) is amended— 
(1) in paragraph (2), by adding ‘‘and’’ at the 
end; 
(2) by striking paragraph (3); 
(3) in paragraph (4), by striking ‘‘while the 
person is under the age of 18 years—’’ and inserting 
‘‘at any time—’’; and
(4) by redesignating paragraph (4) as para-
graph (3). 
(b) CLARIFICATION REGARDING DECEASED PAR-
ENTS OF CHILDREN BORN ABROAD AND OUT OF WED-
LOCK.—Section 309 (8 U.S.C. 1409) is amended by add-
ing at the end the following: 
‘‘(d) Nothing in this section shall be construed to pre-
clude a person who is a citizen or national of the United 
States by virtue of a provision of this section from estab-
lishing such status under this title after the death of the 
person’s father, mother, or parents.’’. 
(c) APPLICATION
OF CITIZENSHIP PROVISIONS.— 
The amendments made by this Act shall apply to persons 
born out of wedlock who are alive on or after the date 
of the enactment of this Act. 
SEC. 106. ALLOW AUNTS AND UNCLES OR GRANDPARENTS 
TO ADOPT ORPHANED OR ABANDONED CHIL-
DREN OF THE DECEASED RELATIVE. 
Section 101(b) is amended by— 
(1) striking ‘‘or’’ at the end of subparagraph 
(E) and inserting a semicolon; 
(2) striking the period at the end of subpara-
graph (F) and inserting ‘‘; or’’; and 
(3) by inserting the following subparagraph:
‘‘(G) a child adopted in the United States 
or abroad or who is coming to the United 
States for adoption by a grandparent, aunt or 
uncle while under the age of eighteen years, 
who has suffered the death or disappearance of, 
abandonment or desertion by, or separation or 
loss from, both parents, or for whom the sole or 
surviving parent is incapable of providing prop-
er care and has consented in writing to the 
adoption, if the Secretary of Homeland Security 
is satisfied that proper care will be furnished 
the child if admitted to the United States. No 
natural parent or prior adoptive parent of any 
such child shall thereafter, by virtue of such 
parentage, be accorded any right, privilege, or 
status under this Act. Nothing in this sub-
section shall be construed to require the child to 
be released to an orphanage as a prerequisite 
for eligibility.’’. 
SEC. 107. ELIMINATING THE WIDOWED IMMIGRANTS 2- 
YEAR MARRIAGE PENALTY AND SURVIVING 
IMMEDIATE RELATIVES PENALTY. 
(a) REQUIREMENTS FOR ELIMINATING WIDOW PEN-
ALTY.—Section 
201(b)(2)(A)(i) 
(8 
U.S.C. 
1151 
(b)(2)(A)(i)) is amended—
(1) by striking ‘‘for at least 2 years’’; 
(2) by inserting ‘‘, and if married for less than 
two years at the time of the citizen’s death proves 
by a preponderance of the evidence that the mar-
riage was entered into in good faith and not solely 
for the purpose of obtaining an immigration ben-
efit,’’ after ‘‘within 2 years after such date’’; and 
(3) by inserting the following sentence after the 
sentence ending with ‘‘remarries.’’: ‘‘In the case of 
an alien who was the child or parent of a citizen of 
the United States at the time of the citizen’s death, 
the alien shall be considered, for purposes of this 
subsection, to remain an immediate relative after the 
date of the citizen’s death but only if the alien files 
a petition under section 204(a)(1)(A)(ii), as amend-
ed, within two years after such date in the case of 
a parent, or prior to reaching the age of 21 in the 
case of a child.’’. 
(b) REQUIREMENTS FOR ELIMINATING SURVIVING 
IMMEDIATE
RELATIVE
PENALTY.—Section 
204(a)(1)(A)(ii) (8 U.S.C. 1154 (a)(1)(A)(ii)) is amended 
by inserting ‘‘or an alien child or alien parent described 
in the third sentence of section 201(b)(2)(A)(i)’’ after 
‘‘section 201(b)(2)(A)(i)’’.
(c) TRANSITION
PERIOD.—In applying section 
201(b)(2)(A)(i) (8 U.S.C. 1154(b)(2)(A)(i)), as amended, 
in the case of an alien whose citizen relative died before 
the date of the enactment of this Act, the alien relative 
may (notwithstanding the deadlines specified in such sub-
section) file the classification petition referred to in such 
subsection within 2 years after the date of the enactment 
of this Act. 
(d) APPLICATIONS FOR ADJUSTMENT OF STATUS.— 
Section 245 (8 U.S.C. 1255) is amended by adding at the 
end the following: 
‘‘(n) APPLICATIONS FOR ADJUSTMENT OF STATUS 
BY SURVIVING SPOUSES, CHILDREN, AND PARENTS.— 
‘‘(1) 
IN
GENERAL.—Notwithstanding 
sub-
sections (a) and (c) (except subsection (c)(6)) of sec-
tion 245 of the Immigration and Nationality Act (8 
U.S.C. 1255), any alien described in paragraph (2) 
who applied for adjustment of status prior to the 
death of the qualifying relative, may have such ap-
plication adjudicated as if such death had not oc-
curred. 
‘‘(2) ALIEN DESCRIBED.—An alien is described 
in this paragraph if the alien was— 
‘‘(A) an immediate relative as described in 
section 201(b)(2)(A)(i);
‘‘(B) a family-sponsored immigrant as de-
scribed in section 203(a) or (d); 
‘‘(C) a derivative beneficiary of an employ-
ment-based immigrant under section 203(b), as 
described in section 203(d); or 
‘‘(D) a derivative beneficiary of a diversity 
immigrant as described in section 203(c).’’. 
(e) TRANSITION PERIOD.—Notwithstanding a prior 
denial of an application for adjustment of status, in the 
case of an alien whose qualifying relative died before the 
date of the enactment of this Act, such application may 
be renewed by the alien through a motion to reopen, with-
out fee, filed within two years after the date of the enact-
ment of this Act. In the case of an alien who was deported, 
removed, or departed voluntarily before the date of the 
enactment of this Act, such alien shall be eligible for pa-
role into the United States pursuant to the Attorney Gen-
eral’s authority under section 212(d)(5), and such alien’s 
application for adjustment of status shall be considered 
notwithstanding section 212(a)(9). 
SEC. 108. ELIMINATING THE WIDOWED PERMANENT RESI-
DENT’S NATURALIZATION PENALTY. 
Section 319(a) (8 U.S.C. 1429(a)) is amended by in-
serting ‘‘or, if the spouse is deceased, the spouse was a
citizen of the United States,’’ after ‘‘(a) Any person whose 
spouse is a citizen of the United States,’’. 
TITLE II—LEGALIZATION FOR 
LONG-TERM RESIDENTS 
SEC. 201. EARNED ACCESS TO LEGALIZATION. 
(a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 
1255 et seq.) is amended by inserting after section 245A 
the following: 
‘‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED 
ACCESS TO LEGALIZATION 
‘‘SEC. 245B. (a) IN GENERAL.—The Secretary of 
Homeland Security may adjust the status of an alien to 
that of an alien lawfully admitted for permanent residence 
if the alien— 
‘‘(1) was physically present in the United 
States for a continuous period of not less than 5 
years immediately preceding the date on which this 
provision was enacted and has maintained contin-
uous physical presence since then; 
‘‘(2) has at all times been a person of good 
moral character; 
‘‘(3) has never been convicted of a criminal of-
fense in the United States; 
‘‘(4) in the case of an alien who is 18 years of 
age or older, but who is not over the age of 65, has 
successfully completed a course on reading, writing,
and speaking words in ordinary usage in the English 
language, unless unable to do so on account of phys-
ical or developmental disability or mental impair-
ment; 
‘‘(5) in the case of an alien 18 years of age or 
older, has accepted the values and cultural life of the 
United States; and 
‘‘(6) in the case of an alien 18 years of age or 
older, has performed at least 40 hours of community 
service. 
‘‘(b) TREATMENT OF BRIEF, CASUAL, AND INNO-
CENT ABSENCES.—An alien shall not be considered to 
have failed to maintain a continuous presence in the 
United States for purposes of subsection (a)(1) by virtue 
of brief, casual, and innocent absences from the United 
States. 
‘‘(c) ADMISSIBLE AS IMMIGRANT.— 
‘‘(1) IN
GENERAL.—The alien shall establish 
that the alien is admissible to the United States as 
immigrant, except as otherwise provided in para-
graph (2). 
‘‘(2) EXCEPTIONS.—The provisions of para-
graphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), 
(7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a)
shall not apply in the determination of an alien’s ad-
missibility under this section. 
‘‘(d) SECURITY AND LAW ENFORCEMENT CLEAR-
ANCES.—The alien, if over 15 years of age, shall submit 
fingerprints in accordance with procedures established by 
the Secretary of Homeland Security. Such fingerprints 
shall be submitted to relevant Federal agencies to be 
checked against existing databases for information relat-
ing to criminal, national security, or other law enforce-
ment actions that would render the alien ineligible for ad-
justment of status under this section. The Secretary of 
Homeland Security shall provide a process for challenging 
the accuracy of matches that result in a finding of ineligi-
bility for adjustment of status. 
‘‘(e) INAPPLICABILITY
OF
NUMERICAL
LIMITA-
TIONS.—When an alien is granted lawful permanent resi-
dent status under this subsection, the number of immi-
grant visas authorized to be issued under any provision 
of this Act shall not be reduced. The numerical limitations 
of sections 201 and 202 shall not apply to adjustment of 
status under this section. 
‘‘(f) TERMINATION
OF PROCEEDINGS.—The Sec-
retary of Homeland Security may terminate removal pro-
ceedings without prejudice pending the outcome of an 
alien’s application for adjustment of status under this sec-
tion on the basis of a prima facie showing of eligibility 
for relief under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
is amended by inserting after the item relating to section 
245A the following: 
‘‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’’. 
SEC. 202. LEGALIZATION PROVISIONS FOR CHILDREN. 
(a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 
1255 et seq.), as amended by section 201, is further 
amended by inserting after section 245B the following: 
‘‘ADJUSTMENT OF STATUS FOR CERTAIN CHILDREN 
‘‘SEC. 245C. (a) IN GENERAL.—The Secretary of 
Homeland Security may adjust the status of an alien to 
that of an alien lawfully admitted for permanent residence 
if the alien is a child at the time of filing the application 
for such adjustment and establishes that the alien, at such 
time— 
‘‘(1) has been physically present and enrolled in 
school in the United States for a continuous period 
of not less than 5 years immediately preceding the 
date of such application, and during that period has 
been a person of good moral character; 
‘‘(2) has fully integrated into life in the United 
States;
‘‘(3) has learned English or is satisfactorily 
pursuing a course of study to achieve an under-
standing of English; 
‘‘(4) is successfully pursuing an elementary 
school, middle school, high school, or college-level 
education; and 
‘‘(5) if older than 13 years of age, has per-
formed at least 60 hours of community service. 
‘‘(b) TREATMENT OF BRIEF, CASUAL, AND INNO-
CENT ABSENCES.—An alien shall not be considered to 
have failed to maintain a continuous presence in the 
United States for purposes of subsection (a)(1) by virtue 
of brief, casual, and innocent absences from the United 
States. 
‘‘(c) ADMISSIBLE AS IMMIGRANT.— 
‘‘(1) IN
GENERAL.—The alien shall establish 
that the alien is admissible to the United States as 
an immigrant, except as otherwise provided in para-
graph (2). 
‘‘(2) 
APPLICABILITY
OF
CERTAIN
PROVI-
SIONS.— 
‘‘(A) GROUNDS OF INADMISSIBILITY NOT 
APPLIED.—The provisions of paragraphs (5), 
(6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), 
(9)(B), and (9)(C) of section 212(a) shall not
apply in the determination of an alien’s admis-
sibility under this section. 
‘‘(B) WAIVER OF OTHER GROUNDS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the Secretary of Home-
land Security may waive any other provi-
sion of section 212(a) in the case of an in-
dividual alien for humanitarian purposes, 
to assure family unity, or when it is other-
wise in the public interest. 
‘‘(ii) GROUNDS
THAT
MAY
NOT
BE 
WAIVED.—The following provisions of sec-
tion 212(a) may not be waived by the Sec-
retary under clause (i): 
‘‘(I) 
Paragraphs 
(2)(A) 
and 
(2)(B) (relating to criminals). 
‘‘(II) Paragraph (2)(C) (relating 
to drug offenses), except for so much 
of such paragraph as relates to a sin-
gle offense of simple possession of 30 
grams or less of marijuana. 
‘‘(III) Paragraph (3) (relating to 
security and related grounds).
‘‘(d) NO NUMERICAL LIMITATIONS.—The numerical 
limitations of sections 201 and 202 shall not apply to ad-
justment of status under this section. 
‘‘(e) CONFIDENTIALITY OF INFORMATION.—Except 
as provided in this section, neither the Secretary of Home-
land Security, nor any other official or employee of the 
Department of Homeland Security, may— 
‘‘(1) use information furnished by applicant for 
an application filed under this section for any pur-
pose other than to make a determination on the ap-
plication; 
‘‘(2) make any publication whereby the infor-
mation furnished by any particular applicant can be 
identified; or 
‘‘(3) permit anyone other than the sworn offi-
cers and employees of the Department, the appli-
cant, or a representative of the applicant to examine 
individual applications. 
‘‘(f) DISSEMINATION OF INFORMATION.—The Sec-
retary of Homeland Security shall broadly disseminate in-
formation respecting the benefits which aliens may receive 
under this section and the requirements to obtain such 
benefits.’’.
(b) CLERICAL AMENDMENT.—The table of contents, 
as amended by section 201, is amended further by insert-
ing after the item relating to section 245B the following: 
‘‘Sec. 245C. Adjustment of status for certain children.’’. 
SEC. 203. UPDATED REGISTRY PROVISION. 
(a) IN GENERAL.—Section 249 (8 U.S.C. 1259) is 
amended— 
(1) in the section heading by striking ‘‘1972’’ 
and inserting ‘‘1986’’; and 
(2) in paragraph (a), by striking ‘‘1972’’ and 
inserting ‘‘1986’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
is amended in the item relating to section 249 by striking 
‘‘1972’’ and inserting ‘‘1986’’. 
TITLE III—BORDER SECURITY 
PROVISIONS 
SEC. 301. INCREASE THE NUMBER OF INSPECTORS AT AIR-
PORT AND LAND BORDER INSPECTION STA-
TIONS. 
In each of the fiscal years 2007 through 2011, the 
Secretary of Homeland Security shall, subject to the avail-
ability of appropriations for such purpose, increase by not 
less than 1,000 the number of positions for full-time active 
duty immigration inspectors at airport and land border in-
spection stations within the Department of Homeland Se-
curity above the number of such positions for which funds 
were allotted for the preceding fiscal year. 
SEC. 302. ESTABLISH A SPECIAL TASK FORCE FOR COORDI-
NATING AND DISTRIBUTING INFORMATION 
ON 
FRAUDULENT 
IMMIGRATION 
DOCU-
MENTS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a task force (to be known as the Task 
Force on Fraudulent Immigration Documents) to carry 
out the following: 
(1) Collect information from Federal, State and 
local law enforcement agencies, and Foreign govern-
ments on the production, sale, and distribution of 
fraudulent documents intended to be used to enter 
or to remain in the United States unlawfully. 
(2) Maintain that information in a comprehen-
sive database. 
(3) Convert the information into reports that 
will provide guidance for government officials on 
identifying fraudulent documents being used to enter 
or to remain in the United States unlawfully. 
(4) Develop a system for distributing these de-
ports on an ongoing basis to appropriate Federal, 
State and local law enforcement agencies.
(b) DISTRIBUTION OF INFORMATION.—Distribute the 
reports to appropriate Federal, State and local law en-
forcement agencies on an ongoing basis. 
SEC. 303. NEW NONIMMIGRANT VISA CLASSIFICATION TO 
ENABLE 
INFORMANTS 
TO 
ENTER 
THE 
UNITED STATES AND REMAIN TEMPORARILY. 
(a) IN GENERAL.—Section 101(a)(15)(S) (8 U.S.C. 
1101(a)(15)(S)) is amended— 
(1) in clause (i), by striking ‘‘or’’ at the end; 
(2) in clause (ii), by striking the comma at the 
end and inserting ‘‘; or’’; 
(3) by inserting after clause (ii) the following: 
‘‘(iii) who the Secretary of Homeland 
Security, the Secretary of State, or the At-
torney General determines— 
‘‘(I) is in possession of critical re-
liable information concerning a com-
mercial alien smuggling organization 
or enterprise or a commercial oper-
ation for making or trafficking in doc-
uments to be used for entering or re-
maining in the United States unlaw-
fully;
‘‘(II) is willing to supply or has 
supplied such information to a Fed-
eral or State court; or 
‘‘(III) whose presence in the 
United States the Secretary of Home-
land Security, the Secretary of State, 
or the Attorney General determines is 
essential to the success of an author-
ized criminal investigation, the suc-
cessful prosecution of an individual in-
volved in the commercial alien smug-
gling organization or enterprise, or 
the disruption of such organization or 
enterprise or a commercial operation 
for making or trafficking in docu-
ments to be used for entering or re-
maining in the United States unlaw-
fully. ’’; 
(4) by inserting ‘‘, or with respect to clause 
(iii), the Secretary of Homeland Security, the Sec-
retary of State, or the Attorney General’’ after 
‘‘jointly’’; and 
(5) by striking ‘‘(i) or (ii)’’ and inserting ‘‘(i), 
(ii), or (iii)’’.
(b) 
ADMISSION
OF
NONIMMIGRANTS.—Section 
214(k) (8 U.S.C. 1184(k)) is amended— 
(1) by adding at the end of paragraph (1) the 
following: 
‘‘The number of aliens who may be provided a visa as non-
immigrants under section 101(a)(15)(S)(iii) in any fiscal 
year may not exceed 400.’’; and 
(2) by adding at the end the following: 
‘‘(5) If the Secretary of Homeland Security, the 
Secretary of State, or the Attorney General deter-
mines that a nonimmigrant described in clause (iii) 
of section 101(a)(15)(S), or that of any family mem-
ber of such a nonimmigrant who is provided non-
immigrant status pursuant to such section, must be 
protected, such official may take such lawful action 
as the official considers necessary to effect such pro-
tection.’’. 
SEC. 304. ADJUSTMENT OF STATUS WHEN NEEDED TO PRO-
TECT INFORMANTS. 
Section 245(j) (8 U.S.C. 1255(j)) is amended— 
(1) in paragraph (3), by striking ‘‘(1) or (2),’’ 
and inserting ‘‘(1), (2), (3), or (4),’’; 
(2) by redesignating paragraph (3) as para-
graph (5);
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) If, in the opinion of the Secretary of 
Homeland Security, the Secretary of State, or the 
Attorney General— 
‘‘(A) a nonimmigrant admitted into the 
United States under section 101(a)(15)(S)(iii) 
has supplied information described in subclause 
(I) of such section; and 
‘‘(B) the provision of such information has 
substantially contributed to the success of a 
commercial alien smuggling investigation or an 
investigation of the sale or production of fraud-
ulent documents to be used for entering or re-
maining in the United States unlawfully, the 
disruption of such an enterprise, or the pros-
ecution of an individual described in subclause 
(III) of that section, 
the Secretary of Homeland Security may adjust the 
status of the alien (and the spouse, children, mar-
ried and unmarried sons and daughters, and parents 
of the alien if admitted under that section) to that 
of an alien lawfully admitted for permanent resi-
dence if the alien is not described in section 
212(a)(3)(E).
‘‘(4) The Secretary of Homeland Security may 
adjust the status of a nonimmigrant admitted into 
the United States under section 101(a)(15)(S)(iii) 
(and the spouse, children, married and unmarried 
sons and daughters, and parents of the non-
immigrant if admitted under that section) to that of 
an alien lawfully admitted for permanent residence 
on the basis of a recommendation of the Secretary 
of State or the Attorney General.’’; and 
(4) by adding at the end the following: 
‘‘(6) If the Secretary of Homeland Security, the 
Secretary of State, or the Attorney General deter-
mines that a person whose status is adjusted under 
this subsection must be protected, such official may 
take such lawful action as the official considers nec-
essary to effect such protection.’’. 
SEC. 305. REWARDS PROGRAM. 
(a) REWARDS PROGRAM.—Section 274 (8 U.S.C. 
1324) is amended by adding at the end the following: 
‘‘(e) REWARDS PROGRAM.— 
‘‘(1) IN GENERAL.—There is established in the 
Department of Homeland Security a program for 
the payment of rewards to carry out the purposes of 
this section.
‘‘(2) PURPOSE.—The rewards program shall be 
designed to assist in the elimination of commercial 
operations to produce or sell fraudulent documents 
to be used for entering or remaining in the United 
States unlawfully and to assist in the investigation, 
prosecution, or disruption of a commercial alien 
smuggling operation. 
‘‘(3) ADMINISTRATION.—The rewards program 
shall be administered by the Secretary of Homeland 
Security, in consultation, as appropriate, with the 
Attorney General and the Secretary of State. 
‘‘(4) REWARDS AUTHORIZED.—In the sole dis-
cretion of the Secretary of Homeland Security, such 
Secretary, in consultation, as appropriate, with the 
Attorney General and the Secretary of State, may 
pay a reward to any individual who furnishes infor-
mation or testimony leading to— 
‘‘(A) the arrest or conviction of any indi-
vidual conspiring or attempting to produce or 
sell fraudulent documents to be used for enter-
ing or remaining in the United States unlaw-
fully or to commit an act of commercial alien 
smuggling involving the transportation of aliens 
in groups of 10 or more—
‘‘(i) in a manner that endangers their 
lives; or 
‘‘(ii) who present a life-threatening 
health risk to people in the United States; 
‘‘(B) the arrest or conviction of any indi-
vidual committing such an act; 
‘‘(C) the arrest or conviction of any indi-
vidual aiding or abetting the commission of 
such an act; 
‘‘(D) the prevention, frustration, or favor-
able resolution of such an act, including the dis-
mantling of an operation to produce or sell 
fraudulent documents to be used for entering or 
remaining in the United States, or commercial 
alien smuggling operations, in whole or in sig-
nificant part; or 
‘‘(E) the identification or location of an in-
dividual who holds a key leadership position in 
an operation to produce or sell fraudulent docu-
ments to be used for entering or remaining in 
the United States unlawfully or a commercial 
alien smuggling operation involving the trans-
portation of aliens in groups of 10 or more— 
‘‘(i) in a manner that endangers their 
lives; or
‘‘(ii) who present a life-threatening 
health risk to people in the United States. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as may be necessary to carry out this subsection. 
Amounts appropriated under this paragraph shall 
remain available until expended. 
‘‘(6) INELIGIBILITY.—An officer or employee of 
any Federal, State, local, or foreign government 
who, while in performance of his or her official du-
ties, furnishes information described in paragraph 
(4) shall not be eligible for a reward under this sub-
section for such furnishing. 
‘‘(7) PROTECTION MEASURES.—If the Secretary 
of Homeland Security, the Secretary of State, or the 
Attorney General determines that an individual who 
furnishes information or testimony described in 
paragraph (4), or any spouse, child, parent, son, or 
daughter of such an individual, must be protected, 
such official may take such lawful action as the offi-
cial considers necessary to effect such protection. 
‘‘(8) LIMITATIONS AND CERTIFICATION.— 
‘‘(A) 
MAXIMUM
AMOUNT.—No 
reward 
under this subsection may exceed $100,000, ex-
cept as personally authorized by the Secretary 
of Homeland Security. 
‘‘(B) APPROVAL.—Any reward under this 
subsection exceeding $50,000 shall be person-
ally approved by the Secretary of Homeland Se-
curity. 
‘‘(C) CERTIFICATION FOR PAYMENT.—Any 
reward granted under this subsection shall be 
certified for payment by the Secretary of Home-
land Security.’’. 
SEC. 306. OUTREACH PROGRAM. 
Section 274 (8 U.S.C. 1324), as amended by sub-
section (a), is further amended by adding at the end the 
following: 
‘‘(f) OUTREACH PROGRAM.—The Secretary of Home-
land Security, in consultation, as appropriate, with the At-
torney General and the Secretary of State, shall develop 
and implement an outreach program to educate the public 
in the United States and abroad about— 
‘‘(1) the penalties for— 
‘‘(A) bringing in and harboring aliens in 
violation of this section; and 
‘‘(B) participating in a commercial oper-
ation for making, or trafficking in, documents
to be used for entering or remaining in the 
United States unlawfully; and 
‘‘(2) the financial rewards and other incentives 
available for assisting in the investigation, disrup-
tion, or prosecution of a commercial smuggling oper-
ation or a commercial operation for making, or traf-
ficking in, documents to be used for entering or re-
maining in the United States unlawfully’’. 
TITLE IV—EMPLOYMENT-BASED 
IMMIGRATION 
SEC. 401. UNFAIR IMMIGRATION-RELATED EMPLOYMENT 
PRACTICES. 
Section 274B (8 U.S.C. 1324b) is amended— 
(1) in subsection (a)(5)— 
(A) by amending the paragraph heading to 
read ‘‘PROHIBITION OF INTIMIDATION, RETAL-
IATION, OR UNLAWFUL DISCRIMINATION
IN 
EMPLOYMENT’’; 
(B) by moving the text down and to the 
right 2 ems; 
(C) by inserting before such text the fol-
lowing: ‘‘(A) IN GENERAL.—’’; and 
(D) by adding at the end the following: 
‘‘(B) FEDERAL
LABOR
OR
EMPLOYMENT 
LAWS.—It is an unfair employment practice for
any employer to directly or indirectly threaten 
any individual with removal or any other ad-
verse consequences pertaining to that individ-
ual’s immigration status or employment bene-
fits for the purpose of intimidating, pressuring, 
or coercing any such individual not to exercise 
any right protected by State or Federal labor or 
employment law (including section 7 of the Na-
tional Labor Relations Act (29 U.S.C. 157)), or 
for the purpose of retaliating against any such 
individual for having exercised or having stated 
an intention to exercise any such right. 
‘‘(C) DISCRIMINATION BASED ON IMMIGRA-
TION
STATUS.—It is an unfair employment 
practice for any employer, except to the extent 
specifically authorized or required by law, to 
discriminate in any term or condition of em-
ployment against any individual employed by 
such employer on the basis of such individual’s 
immigration status.’’; and 
(2) in subsection (c)(2), by adding at the end 
the following: ‘‘The Special Counsel shall not dis-
close to the Secretary of Homeland Security or any 
other government agency or employee, and shall not 
cause to be published in a manner that discloses to
the Secretary of Homeland Security or any other 
government agency or employee, any information ob-
tained by the Special Counsel in any manner con-
cerning the immigration status of any individual who 
has filed a charge under this section, or the identity 
of any individual or entity that is a party or witness 
to a proceedings brought pursuant to such charge. 
The Secretary of Homeland Security may not rely, 
in whole or in part, in any enforcement action or re-
moval proceeding, upon any information obtained as 
a result of the filing or prosecution of an unfair im-
migration-related employment practice charge. For 
purposes of this paragraph, the term ‘Special Coun-
sel’ includes individuals formerly appointed to the 
position of Special Counsel and any current or 
former employee of the office of the Special Counsel. 
Whoever knowingly uses, publishes, or permits infor-
mation to be used in violation of this paragraph 
shall be fined not more than $10,000.’’. 
SEC. 402. DEPARTMENT OF LABOR TASK FORCE. 
The Secretary of Labor, in consultation with the At-
torney General and the Secretary of Homeland Security, 
shall conduct a national study of American workplaces to 
determine the causes, extent, circumstances, and con-
sequences, of exploitation of undocumented alien workers
by their employers. As part of this study, the Secretary 
of Labor shall create a plan for targeted review of Federal 
labor law enforcement in industries with a substantial im-
migrant workforce, for the purpose of identifying, moni-
toring, and deterring frequent or egregious violators of 
wage and hour, antidiscrimination, National Labor Rela-
tions Act, and workplace safety and health requirements. 
Not later than 18 months after the date of the enactment 
of this Act, the Secretary of Labor shall submit to the 
Congress a report describing the results of the study and 
the Secretary’s recommendations based on the study. 
SEC. 403. RECRUITMENT OF AMERICAN WORKERS. 
Section 214 is amended— 
(1) by redesignating subsections (m) (as added 
by section 105 of Public Law 106–313), (n) (as 
added by section 107(e) of Public Law 106–386), 
(o) (as added by section 1513(c) of Public Law 106– 
386), (o) (as added by section 1102(b) of the Legal 
Immigration Family Equity Act), and (p) (as added 
by section 1503(b) of the Legal Immigration Family 
Equity Act) as subsections (n), (o), (p), (q), and (r), 
respectively; and 
(2) by adding at the end the following: 
‘‘(s)(1) No petition to accord employment status 
under any nonimmigrant classification described in section
101(a)(15) shall be granted in the absence of an affidavit 
from the petitioner describing the efforts that were made 
to recruit an alien lawfully admitted for permanent resi-
dence or a citizen of the United States before resorting 
to a petition to obtain a foreign employee. The recruitment 
efforts must have included substantial attempts to find 
employees in minority communities. Recruitment efforts in 
minority communities should include at least one of the 
following, if appropriate for the employment being adver-
tised: 
‘‘(A) Advertise the availability of the job oppor-
tunity for which the employer is seeking a worker in 
local newspapers in the labor market that is likely 
to be patronized by a potential worker for at least 
5 consecutive days. 
‘‘(B) Undertake efforts to advertise the avail-
ability of the job opportunity for which the employer 
is seeking a worker through advertisements in public 
transportation systems. 
‘‘(C) To the extent permitted by local laws and 
regulations, engage in recruitment activities in sec-
ondary schools, recreation centers, community cen-
ters, and other places throughout the communities 
within 50 miles of the job site that serve minorities.
‘‘(2)(A) The Secretary of Homeland Security shall 
impose a 10 percent surcharge on all fees collected for pe-
titions to accord employment status and shall use these 
funds to establish an employment training program which 
will include unemployed workers in the United States who 
need to be trained or retrained. The purpose of this pro-
gram shall be to increase the number of lawful permanent 
residents and citizens of the United States who are avail-
able for employment in the occupations that are the sub-
jects of such petitions. At least 50 percent of the funds 
generated by this provision must be used to train Amer-
ican workers in rural and inner-city areas. 
‘‘(B) The Secretary of Homeland Security shall re-
serve and make available to the Secretary of Labor a por-
tion of the funds collected under this paragraph. Such 
funds shall be used by the Secretary of Labor to establish 
an ‘Office to Preserve American Jobs’ within the Depart-
ment of Labor. The purpose of this office shall be to estab-
lish policies intended to ensure that employers in the 
United States will hire available workers in the United 
States before resorting to foreign labor, giving substantial 
emphasis to hiring minority workers in the United 
States.’’.
TITLE V—REMOVAL WAIVERS 
SEC. 501. PERMANENT APPLICATION OF SECTION 245(i). 
Section 245(i) (8 U.S.C. 1255(i)) is amended— 
(1) by inserting ‘‘and’’ at the end of paragraph 
(1)(A); 
(2) by amending paragraph (1)(B) to read as 
follows: 
‘‘(B) who is the beneficiary (including a 
spouse or child of the principal alien) of— 
‘‘(i) a petition for classification under 
section 204; or 
‘‘(ii) an application for a labor certifi-
cation under section 212(a)(5)(A);’’; 
(3) by striking paragraph (1)(C); and 
(4) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’. 
SEC. 502. DISCRETIONARY WAIVER OF INADMISSIBILITY 
BASED ON UNLAWFUL PRESENCE, FAILURE 
TO ATTEND REMOVAL PROCEEDINGS, AND 
MISREPRESENTATIONS. 
(a) IN GENERAL.—Section 212(i) (8 U.S.C. 1182(i)) 
is amended to read as follows: 
‘‘(i) The Secretary of Homeland Security may waive 
the application of subparagraph (A)(i) or (B), or clause
(i) or (ii) of subparagraph (C), of subsection (a)(6) in the 
case of an immigrant who is the parent, spouse, child, son, 
or daughter of a United States citizen or of an alien law-
fully admitted to the United States for permanent resi-
dence, if it is established to the satisfaction of the Sec-
retary that the refusal of admission to the United States 
of such immigrant would result in hardship to the immi-
grant or to such citizen or lawful permanent resident par-
ent, spouse, child, son, or daughter.’’. 
(b) CONFORMING AMENDMENTS.—Section 212(a)(6) 
(8 U.S.C. 1182(a)(6)) is amended— 
(1) in subparagraph (A), by adding at the end 
the following: 
‘‘(iii) WAIVER
AUTHORIZED.—For a 
provision authorizing the waiver of clause 
(i), see subsection (i).’’; 
(2) in subparagraph (B)— 
(A) by inserting ‘‘(i)’’ after the subpara-
graph heading; and 
(B) by adding at the end the following: 
‘‘(ii) WAIVER
AUTHORIZED.—For a 
provision authorizing the waiver of clause 
(i), see subsection (i).’’; and 
(3) in subparagraph (C)(iii), by inserting ‘‘or 
(ii)’’ after ‘‘(i)’’.
SEC. 503. WAIVER OF INADMISSIBILITY FOR MINOR CRIMI-
NAL OFFENSES. 
Section 212(h) (8 U.S.C. 1182(h)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘offense of simple possession of 30 grams or 
less of marijuana’’ and inserting ‘‘controlled sub-
stance offense for which the alien was not incarcer-
ated for a period exceeding 1 year’’; and 
(2) by striking the final two sentences. 
SEC. 504. GENERAL WAIVER FOR ALIENS PREVIOUSLY RE-
MOVED AND FOR THE UNLAWFUL PRESENCE 
BARS. 
(a) IN
GENERAL.—Section 212(d) (8 U.S.C. 
1182(d)) is amended by adding at the end the following: 
‘‘(14) The Secretary of Homeland Security may, in 
the discretion of the Secretary, for humanitarian purposes, 
to assure family unity, or when it is otherwise in the public 
interest, waive the application of subparagraph (A) or 
(B)(i) of subsection (a)(9).’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
212(a)(9)(B) of such Act (8 U.S.C. 1182(a)(9)(B)) is 
amended by striking clause (v). 
SEC. 
505. 
WAIVER 
OF 
AGGRAVATED 
FELONY 
CON-
SEQUENCES. 
Section 101 (8 U.S.C. 1101) is amended by adding 
at the end the following:
‘‘(j) For purposes of this Act, and notwithstanding 
subsection (a)(43), the Secretary of Homeland Security 
may treat any conviction that did not result in incarcer-
ation for more than 1 year as if such conviction were not 
a conviction for an aggravated felony. This discretion may 
be exercised for humanitarian purposes, to assure family 
unity, or when it is otherwise in the public interest.’’. 
SEC. 506. DISCRETIONARY WAIVER TO ADMIT PERSONS IN 
UNUSUAL CIRCUMSTANCES. 
(a) NEW GENERAL WAIVER.—Section 212(d) (8 
U.S.C. 1182(d)) is amended by adding at the end the fol-
lowing: 
‘‘(13) The Secretary of Homeland Security 
may, in the discretion of such Secretary for humani-
tarian purposes, to assure family unity, or when it 
is otherwise in the public interest, waive the applica-
tion of subparagraph (B) or (G) of subsection 
(a)(6), clause (i) or (ii) of subsection (a)(9)(A), or 
subsection (a)(9)(B)(i), in unusual circumstances. 
For purposes of the preceding sentence, an instance 
of battering or extreme cruelty is deemed to con-
stitute unusual circumstances in the case where it is 
inflicted on an alien (or a child of an alien) by the 
alien’s United States citizen or lawful permanent 
resident spouse, parent, child, son, or daughter.’’.
(b) WAIVER FOR ALIENS PREVIOUSLY REMOVED.— 
(1) CERTAIN ALIENS PREVIOUSLY REMOVED.— 
Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is 
amended by adding at the end the following: 
‘‘(iv) 
WAIVER
AUTHORIZED.—For 
provision authorizing waiver of clause (i) 
or (ii), see subsection (d)(13).’’. 
(2) ALIENS
UNLAWFULLY
PRESENT.—Section 
212(a)(9)(B)(v) (8 U.S.C. 1182(A)(9)(B)(v)) is 
amended to read as follows: 
‘‘(v) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see 
subsection (d)(13).’’. 
SEC. 507. RESTORATION OF SUSPENSION OF DEPORTA-
TION. 
(a) 
CANCELLATION
OF
REMOVAL.—Section 
240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended to read as 
follows: 
‘‘(3) has not been convicted of an aggravated 
felony for which the sentence imposed is five years 
or more.’’. 
(b) REPEAL OF RULE FOR TERMINATION OF CON-
TINUOUS PERIOD.— 
(1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) 
(8 U.S.C. 1229b(a)) is repealed.
(2) Section 240A(d) (8 U.S.C. 1229b) is 
amended— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (1) and (2), respectively; and 
(B) by inserting before the period at the 
end of paragraph (1) (as redesignated) the fol-
lowing: ‘‘, unless the alien’s departure from the 
United States was due to a temporary trip 
abroad required by emergency or extenuating 
circumstances outside the control of the alien’’. 
(c) CANCELLATION OF REMOVAL AND ADJUSTMENT 
FOR
CERTAIN
NONPERMANENT
RESIDENTS.—Section 
240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to read as 
follows: 
‘‘(1) IN GENERAL.—The Attorney General may 
cancel removal in the case of an alien who is inad-
missible or deportable from the United States if the 
alien— 
‘‘(A) has been physically present in the 
United States for a continuous period of— 
‘‘(i) 7 years immediately preceding the 
date of application in the case of an 
alien—
‘‘(I) who is deportable on any 
ground other than a ground specified 
in clause (ii)(I); and 
‘‘(II) whose deportation would, in 
the opinion of the Attorney General, 
result in extreme hardship to the alien 
or the alien’s spouse, child, parent, 
son, or daughter, who is a citizen of 
the United States or an alien lawfully 
admitted for permanent residence; or 
‘‘(ii) 10 years immediately preceding 
the date of application in the case of an 
alien— 
‘‘(I) who is deportable for convic-
tion of an offense under section 
212(a)(2), 237(a)(2), or 237(a)(3); 
and 
‘‘(II) whose deportation would, in 
the opinion of the Attorney General, 
result in exceptional and extremely 
unusual hardship to the alien or the 
alien’s spouse, parent, child, son, or 
daughter, who is a citizen of the 
United States or an alien lawfully ad-
mitted for permanent residence; and
‘‘(B) has been a person of good moral 
character during such period.’’. 
(d) ELIMINATION OF ANNUAL LIMITATION.—Section 
240A (8 U.S.C. 1229b) is amended by striking subsection 
(e). 
TITLE VI—REMOVAL GROUNDS 
BASED ON CRIMINAL OFFENSES 
SEC. 601. DEFINITION OF MORAL TURPITUDE. 
(a) EQUITABLE DEFINITION
OF ‘‘MORAL TURPI-
TUDE’’.— 
(1) CONVICTION OF CERTAIN CRIMES.—Section 
212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is 
amended by striking ‘‘of, or who admits having com-
mitted, or who admits committing acts which con-
stitute the essential elements of—’’ and inserting 
‘‘of—’’. 
(2) EXCEPTION.—Section 212(a)(2)(A)(ii)(II) 
(8 U.S.C. 1182(a)(2)(A)(ii)(II)) is amended— 
(A) by striking ‘‘the maximum’’ and all 
that follows through ‘‘such crime,’’; and 
(B) by striking ‘‘6 months’’ and inserting 
‘‘1 year’’. 
(b) EQUITABLE DEFINITION OF ‘‘CRIMES OF MORAL 
TURPITUDE’’.—Section 237(a)(2)(A)(i)(II) (8 U.S.C. 
1227(a)(2)(A)(i)(II)) is amended to read as follows:
‘‘(II) for which the alien has been 
incarcerated for a period exceeding 
one year,’’. 
SEC. 602. ‘‘AGGRAVATED FELONY’’ DEFINITIONS. 
(a) IN GENERAL.—Section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended by striking ‘‘The term ‘aggra-
vated felony’ means’’ and inserting ‘‘Aggravated felony 
means a felony’’. 
(b) ILLICIT TRAFFICKING.—Section 101(a)(43)(B) 
(8 U.S.C. 1101(a)(43)(B)) is amended by striking 
‘‘Code);’’ and inserting ‘‘Code), except it does not include 
simple possession of a controlled substance;’’. 
(c) CRIMES OF VIOLENCE AND THEFT OFFENSES.— 
Subparagraphs (F), (G), (R), and (S) of section 
101(a)(43) (8 U.S.C. 1101(a)(43)(F), (G), (R), and (S)) 
are each amended by striking ‘‘imprisonment’’ and all that 
follows through the semicolon and inserting ‘‘imprison-
ment of more than five years;’’. 
(d) CORRUPT ORGANIZATIONS AND GAMBLING OF-
FENSES.—Section 101(a)(43)(J) is amended by inserting 
‘‘more than five years’’ after the words ‘‘sentence of’’. 
(e) ALIEN SMUGGLING.—Section 101(a)(43)(N) (8 
U.S.C. 101(a)(43)(N)) is amended— 
(1) by inserting ‘‘committed for the purpose of 
commercial advantage,’’ after ‘‘smuggling),’’; and
(2) by adding at the end a semicolon. 
(f) DISCRETIONARY WAIVER IN CASES OF OTHER 
MINOR FELONIES.—Section 101 (8 U.S.C. 1101) is 
amended by adding at the end the following: 
‘‘(i) For purposes of this Act, and notwithstanding 
subsection (a)(43), the Attorney General may treat any 
conviction that did not result in incarceration for more 
than 1 year as if such conviction were not a conviction 
for an aggravated felony.’’. 
SEC. 603. DEFINITIONS OF ‘‘CONVICTION’’ AND ‘‘TERM OF 
IMPRISONMENT’’. 
Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amend-
ed— 
(1) in subparagraph (A), by striking ‘‘court’’ 
and all that follows through the period at the end 
and inserting ‘‘court. An adjudication or judgment 
of guilt that has been expunged, deferred, annulled, 
invalidated, withheld, or vacated, an order of proba-
tion without entry of judgment, or any similar dis-
position shall not be considered a conviction for pur-
poses of this Act.’’; and 
(2) in subparagraph (B)— 
(A) by inserting ‘‘only’’ after ‘‘deemed to 
include’’; and
(B) by striking ‘‘court of law’’ and all that 
follows through the period at the end and in-
serting ‘‘court of law. Any such reference shall 
not be deemed to include any suspension of the 
imposition or execution of that imprisonment or 
sentence in whole or in part.’’. 
SEC. 604. ELIMINATING RETROACTIVE CHANGES IN RE-
MOVAL GROUNDS. 
(a) APPLICATION OF AGGRAVATED FELONY DEFINI-
TION.—The last sentence of section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended to read as follows: ‘‘The term 
shall not apply to any offense that was not covered by 
the term on the date on which the offense occurred.’’. 
(b) GROUNDS OF DEPORTABILITY.—Section 237 (8 
U.S.C. 1227) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) Notwithstanding any other provision of this sec-
tion, an alien is not deportable by reason of committing 
any offense that was not a ground of deportability on the 
date the offense occurred.’’. 
(c) GROUNDS OF INADMISSIBILITY.—Section 212 (8 
U.S.C. 1182) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(p) Notwithstanding any other provision of this sec-
tion, an alien is not inadmissible by reason of committing
any offense that was not a ground of inadmissibility on 
the date the offense occurred.’’. 
SEC. 605. ELIMINATING UNFAIR RETROACTIVE CHANGES IN 
REMOVAL RULES FOR PERSONS PREVIOUSLY 
REMOVED. 
(a) IN GENERAL.—The Attorney General shall estab-
lish a process by which an alien described in subsection 
(b) may apply for reopening a proceeding so as to seek 
relief from exclusion, deportation, or removal under sec-
tion 212(c) of the Immigration and Nationality Act, as 
such section was in effect prior to the enactment of the 
Antiterrorism and Effective Death Penalty Act of 1996, 
or section 240A of the Immigration and Nationality Act, 
as amended by this Act. 
(b) ALIEN DESCRIBED.—An alien referred to in sub-
section (a) is an alien who received a final order of exclu-
sion, deportation, or removal, or a decision on a petition 
for review or petition for habeas corpus, on or after Sep-
tember 30, 1996, and who was— 
(1) excluded, deported, or removed from the 
United States by reason of having committed a 
criminal offense that was not a basis for removal, 
exclusion, or deportation on the date on which the 
offense was committed;
(2) excluded, deported, or removed from the 
United States by reason of having committed a 
criminal offense that is not a basis for removal, ex-
clusion, or deportation on the date of enactment of 
this Act; or 
(3) excluded, deported, or removed from the 
United States by reason of having committed a 
criminal offense prior to April 24, 1996, for which 
there was relief from exclusion, deportation, or re-
moval available prior to such date. 
(c) PAROLE.—The Attorney General may in her dis-
cretion exercise the parole authority under section 
212(d)(5)(A) of the Immigration and Nationality Act (8 
U.S.C. 1182(d)(5)(A)) for the purpose of permitting 
aliens excluded, deported, or removed from the United 
States to participate in the process established under sub-
section (a), if the alien establishes prima facie eligibility 
for the relief. 
TITLE VII—DIVERSITY VISAS 
SEC. 701. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY 
IMMIGRANTS. 
Section 201(e) (8 U.S.C. 1151(e)) is amended by 
striking ‘‘55,000’’ and inserting ‘‘110,000’’.
SEC. 702. PERIOD DESIGNATED FOR APPLICATION. 
Section 203(e)(1) (8 U.S.C. 1153(e)(1)) is amend-
ed— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and and inserting ‘‘Secretary of 
Homeland Security’’; and 
(2) by adding at the end the following: ‘‘The 
Secretary shall provide for a filing system that will 
permit unlimited filing throughout the entire period 
designated for the filing of petitions. If an electronic 
filing system is chosen, the Secretary shall ensure 
that the computer equipment and software used to 
accept the filed petitions will have the capacity to ac-
cept every application that is submitted during the 
period designated for filing the petitions. In the 
event that petitions submitted during the designated 
period are rejected, the designated period will be ex-
tended for an additional 10-day period.’’. 
TITLE VIII—HAITIAN PARITY 
SEC. 801. ADJUSTMENT OF STATUS FOR HAITIANS. 
(a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 
1255 et seq.), as amended by section 202, is further 
amended by inserting after section 245C the following:
‘‘ADJUSTMENT OF STATUS OF CERTAIN HAITIAN 
NATIONALS 
‘‘SEC. 245D. Notwithstanding the provisions of sec-
tion 245(c), the status of any alien who is a national or 
citizen of Haiti, and who has been physically present in 
the United States for at least one year, may be adjusted 
by the Secretary of Homeland Security, in the Secretary’s 
discretion and under such regulations as the Secretary 
may prescribe, to that of an alien lawfully admitted for 
permanent residence, if the alien makes an application for 
such adjustment and the alien is eligible to receive an im-
migrant visa and is admissible to the United States for 
permanent residence. Upon approval of such an applica-
tion for adjustment of status, the Secretary shall create 
a record of the alien’s admission for permanent residence 
as of a date 30 months prior to the filing of such an appli-
cation or the date of the alien’s last arrival into the United 
States, whichever date is later. The provisions of this Act 
shall be applicable to the spouse and child of any alien 
described in this section, regardless of their citizenship 
and place of birth, if the spouse or child is residing with 
such alien in the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
as amended by section 202, is further amended by insert-
ing after the item relating to section 245C the following: 
‘‘Sec. 245D. Adjustment of status of certain Haitian nationals.’’.
(c) SUNSET.—The amendments made by this section 
shall cease to be effective on the date that is 3 years after 
the date of the enactment of this Act. 
SEC. 802. LIMITATION OF ATTORNEY GENERAL’S BOND DIS-
CRETION. 
Section 236 (8 U.S.C. 1226) is amended by adding 
at the end the following: 
‘‘(f) EXERCISE OF AUTHORITY FOR ARREST, DETEN-
TION, AND RELEASE.—The Secretary of Homeland Secu-
rity shall exercise the discretion afforded under subsection 
(a) on a case-by-case basis. If bond is to be denied on 
the ground that the alien’s release would give rise to ad-
verse consequences for national security or national immi-
gration policy, the finding of such adverse consequences 
shall be based on circumstances pertaining to the indi-
vidual alien whose release is being considered.’’. 
SEC. 803. ELIMINATION OF MANDATORY DETENTION IN EX-
PEDITED REMOVAL PROCEEDINGS. 
Section 
235(b)(1)(B)(iii)(IV) 
(8 
U.S.C. 
1225(b)(1)(B)(iii)(IV)) is amended to read as follows: 
‘‘(IV) DETENTION.—Aliens sub-
ject to the procedures under this 
clause shall be detained in accordance 
with section 236.’’.
SEC. 804. AMENDMENTS TO HAITIAN AND IMMIGRANT 
FAIRNESS ACT OF 1998. 
(a) GROUND FOR INADMISSIBILITY FOR DOCUMENT 
FRAUD DOES NOT APPLY.—The Haitian Refugee Immi-
gration Fairness Act of 1998 (8 U.S.C. 1255 note) is 
amended in subsections (a)(1)(B) and (d)(1)(D) of section 
902 by inserting ‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’. 
(b) DETERMINATIONS WITH RESPECT
TO CHIL-
DREN.—Section 902(d) of such Act is amended by adding 
at the end the following: 
‘‘(3) DETERMINATIONS
WITH
RESPECT
TO 
CHILDREN.— 
‘‘(A) 
USE
OF
APPLICATION
FILING 
DATE.—Determinations made under this sub-
section as to whether an individual is a child of 
a parent shall be made using the age and status 
of the individual on the date of the enactment 
of this section. 
‘‘(B) APPLICATION
SUBMISSION
BY
PAR-
ENT.—Notwithstanding paragraph (1)(C), an 
application under this subsection filed based on 
status as a child may be filed for the benefit of 
such child by a parent or guardian of the child, 
if the child is physically present in the United 
States on such filing date.’’.
SEC. 805. NEW APPLICATIONS AND MOTIONS TO REOPEN. 
(a) NEW APPLICATIONS.—Notwithstanding section 
902(a)(1)(A) of the Haitian and Immigrant Fairness Act 
of 1998, an alien who is eligible for adjustment of status 
under such Act, as amended by section 804 of this Act, 
may submit an application for adjustment of status under 
such Act not later than the later of— 
(1) 2 years after the date of the enactment of 
this Act; and 
(2) 1 year after the date on which final regula-
tions implementing section 804 are promulgated. 
(b) MOTIONS TO REOPEN.—The Secretary of Home-
land Security shall establish procedures for the reopening 
and reconsideration of applications for adjustment of sta-
tus under the Haitian Refugee Immigration Fairness Act 
of 1998 that are affected by the amendments under sec-
tion 804 of this Act. 
(c) RELATIONSHIP OF APPLICATION TO CERTAIN OR-
DERS.—Section 902(a)(3) of the Haitian and Immigrant 
Fairness Act of 1998 shall apply to an alien present in 
the United States who has been ordered excluded, de-
ported, removed, or ordered to depart voluntarily, and who 
files an application under subsection (a), or a motion 
under subsection (b), in the same manner as such section 
902(a)(3) applied to aliens filing applications for adjust-
ment of status under such Act before April 1, 2000.
SEC. 806. TEMPORARY PROTECTED STATUS FOR HAITIANS. 
It is the sense of the Congress that the Secretary of 
Homeland Security should be more liberal with respect to 
Haiti in deciding whether to designate that country for 
temporary protected status under section 244(b)(1)(A) of 
the 
Immigration 
and 
Nationality 
(8 
U.S.C. 
1254(b)(1)(A)). It is the sense of the Congress that this 
decision has sometimes been made without due regard to 
the serious threat to personal safety that results from 
sending Haitians back to Haiti during a period of ongoing 
armed conflict in that country. 
TITLE IX—LIBERIAN REFUGEE 
RELIEF 
SEC. 901. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN 
NATIONALS. 
(a) ADJUSTMENT OF STATUS.— 
(1) IN
GENERAL.—Notwithstanding section 
245(c) of the Immigration and Nationality Act, the 
status of any alien described in subsection (b) shall 
be adjusted by the Secretary of Homeland Security 
to that of an alien lawfully admitted for permanent 
residence, if the alien— 
(A) applies for such adjustment before 
April 1, 2005; and 
(B) is otherwise eligible to receive an im-
migrant visa and is otherwise admissible to the
United States for permanent residence, except 
in determining such admissibility the grounds 
for inadmissibility specified in paragraphs (4), 
(5), (6)(A), and (7)(A) of section 212(a) of the 
Immigration and Nationality Act shall not 
apply. 
(2) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United 
States who has been ordered excluded, deported, re-
moved, or ordered to depart voluntarily from the 
United States under any provision of the Immigra-
tion and Nationality Act may, notwithstanding such 
order, apply for adjustment of status under para-
graph (1). Such an alien may not be required, as a 
condition on submitting or granting such applica-
tion, to file a motion to reopen, reconsider, or vacate 
such order. If the Secretary of Homeland Security 
grants the application, the Secretary of Homeland 
Security shall cancel the order. If the Secretary of 
Homeland Security renders a final administrative 
decision to deny the application, the order shall be 
effective and enforceable to the same extent as if the 
application had not been made.
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.—The benefits provided by subsection (a) shall apply 
to any alien who— 
(1) is a national of Liberia; and 
(2)(A) who was granted temporary protected 
status on or after March 27, 1991; or 
(B) was eligible to apply for temporary pro-
tected status on or after March 27, 1991. 
(c) STAY OF REMOVAL.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall provide by regulation for an alien sub-
ject to a final order of deportation or removal or ex-
clusion to seek a stay of such order based on the fil-
ing of an application under subsection (a). 
(2) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Na-
tionality Act, the Secretary of Homeland Security 
shall not order any alien to be removed from the 
United States, if the alien is in exclusion, deporta-
tion, or removal proceedings under any provision of 
such Act and raises as a defense to such an order 
the eligibility of the alien to apply for adjustment of 
status under subsection (a), except where the Sec-
retary of Homeland Security has rendered a final 
administrative determination to deny the application.
(3) WORK AUTHORIZATION.—The Secretary of 
Homeland Security may authorize an alien who has 
applied for adjustment of status under subsection 
(a) to engage in employment in the United States 
during the pendency of such application and may 
provide the alien with an ‘‘employment authorized’’ 
endorsement or other appropriate document signi-
fying authorization of employment, except that if 
such application is pending for a period exceeding 
180 days, and has not been denied, the Secretary of 
Homeland Security shall authorize such employment. 
(d) ADJUSTMENT OF STATUS FOR SPOUSES AND 
CHILDREN.— 
(1) IN
GENERAL.—Notwithstanding section 
245(c) of the Immigration and Nationality Act, the 
status of an alien shall be adjusted by the Secretary 
of Homeland Security to that of an alien lawfully 
admitted for permanent residence, if— 
(A) the alien is a national of Liberia; 
(B) the alien is the spouse, child, or un-
married son or daughter, of an alien whose sta-
tus is adjusted to that of an alien lawfully ad-
mitted for permanent residence under sub-
section (a), except that in the case of such an 
unmarried son or daughter, the son or daughter
shall be required to establish that they have 
been physically present in the United States for 
at least 1 year and is physically present in the 
United States on the date the application for 
such adjustment is filed; 
(C) the alien applies for such adjustment 
and is physically present in the United States 
on the date the application is filed; and 
(D) the alien is otherwise eligible to receive 
an immigration visa and is otherwise admissible 
to the United States for permanent residence, 
except in determining such admissibility the 
grounds for exclusion specified in paragraphs 
(4), (5), (6)(A), and (7)(A) of section 212(a) of 
the Immigration and Nationality Act shall not 
apply. 
(2) PROOF OF CONTINUOUS PRESENCE.—For 
purposes of establishing the period of continuous 
physical presence referred to in paragraph (1)(B), 
an alien shall not be considered to have failed to 
maintain continuous physical presence by reason of 
an absence, or absences, from the United States for 
any periods in aggregate not exceeding 180 days. 
(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 
The Secretary of Homeland Security shall provide to ap-
plicants for adjustment of status under subsection (a) the 
same right to, and procedures for, administrative review 
as are provided to— 
(1) applicants for adjustment of status under 
section 245 of the Immigration and Nationality Act; 
or 
(2) aliens subject to removal proceedings under 
section 240 of such Act. 
(f) LIMITATION
ON JUDICIAL REVIEW.—A deter-
mination by the Secretary of Homeland Security as to 
whether the status of any alien should be adjusted under 
this section is final and shall not be subject to review by 
any court. 
(g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 
When an alien is granted the status of having been law-
fully admitted for permanent residence pursuant to this 
section, the Secretary of State shall not be required to re-
duce the number of immigrant visas authorized to be 
issued under any provision of the Immigration and Na-
tionality Act. 
(h) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.—Except as otherwise specifically 
provided in this section, the definitions contained in the 
Immigration and Nationality Act shall apply in the admin-
istration of this section. Nothing contained in this section
shall be held to repeal, amend, alter, modify, effect, or re-
strict the powers, duties, functions, or authority of the 
Secretary of Homeland Security in the administration and 
enforcement of such Act or any other law relating to immi-
gration, nationality, or naturalization. The fact that an 
alien may be eligible to be granted the status of having 
been lawfully admitted for permanent residence under this 
section shall not preclude the alien from seeking such sta-
tus under any other provision of law for which the alien 
may be eligible. 
TITLE X—FAIRNESS IN ASYLUM 
AND REFUGEE PROCEEDINGS 
SEC. 1001. REFUGEE STATUS FOR UNMARRIED SONS AND 
DAUGHTERS OF REFUGEES. 
Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended 
by adding at the end the following: 
‘‘(C) When warranted by unusual cir-
cumstances or to preserve family unity, the At-
torney General may, in the Attorney General’s 
discretion, consider an unmarried son or daugh-
ter of a refugee to be a child of the refugee for 
purposes of this paragraph.’’.
SEC. 1002. ASYLEE STATUS FOR UNMARRIED SONS AND 
DAUGHTERS OF ASYLEES. 
Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended 
by adding at the end the following: 
‘‘(C) When warranted by unusual cir-
cumstances or to preserve family unity, the At-
torney General may, in the Attorney General’s 
discretion, consider an unmarried son or daugh-
ter of an alien who is granted asylum under 
this subsection to be a child of the alien for 
purposes of this paragraph.’’. 
SEC. 1003. ELIMINATION OF ARBITRARY TIME LIMITS ON 
ASYLUM APPLICATIONS. 
Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amend-
ed— 
(1) by striking subparagraph (B); 
(2) in subparagraph (C), by striking ‘‘(D),’’ and 
inserting ‘‘(C),’’; 
(3) in subparagraph (D)— 
(A) by striking ‘‘subparagraphs (B) and 
(C),’’ and inserting ‘‘subparagraph (B),’’; 
(B) by striking ‘‘either’’; and 
(C) by striking ‘‘asylum or extraordinary’’ 
and all that follows through the period at the 
end and inserting ‘‘asylum.’’; and
(4) by redesignating subparagraphs (C) and 
(D) as subparagraphs (B) and (C), respectively. 
SEC. 1004. GENDER-BASED PERSECUTION. 
(a) TREATMENT AS REFUGEE.—Section 101(a)(42) 
(8 U.S.C. 1101(a)(42)) is amended by adding at the end 
the following: 
‘‘(C) For purposes of determinations under 
this Act, a person who establishes that he or 
she suffered persecution in the past, or has a 
well-founded fear of persecution, on account of 
gender shall be considered to have suffered per-
secution, or to have a well-founded fear of per-
secution, on account of membership in a par-
ticular social group.’’. 
(b) RESTRICTION ON REMOVAL TO COUNTRY WHERE 
ALIEN WOULD BE THREATENED.—Section 241(b)(3) of 
such Act (8 U.S.C. 1231(b)(3)) is amended by adding at 
the end the following: 
‘‘(C) GENDER-BASED PERSECUTION.—For 
purposes of determinations under this para-
graph, an alien who establishes that the alien’s 
life or freedom would be threatened in a coun-
try on account of gender shall be considered to 
have established that the alien’s life or freedom
would be threatened in that country on account 
of membership in a particular social group.’’. 
SEC. 1005. ELIMINATION OF ARBITRARY CAP ON PERSONS 
ELIGIBLE TO ADJUST STATUS FROM ASYLEES 
TO LEGAL PERMANENT RESIDENTS. 
Section 209(b) (8 U.S.C. 1159(b)) is amended by 
striking ‘‘Not more than 10,000 of the’’ and all that fol-
lows through ‘‘to adjust’’ and inserting ‘‘Subject to a nu-
merical limitation determined by the President before the 
beginning of each fiscal year, the Attorney General may 
adjust, in the Attorney General’s discretion and under 
such regulations as the Attorney General may prescribe,’’. 
TITLE XI—TEMPORARY 
PROTECTED STATUS 
SEC. 1101. ADJUSTMENT OF STATUS FOR CERTAIN RECIPI-
ENTS OF TEMPORARY PROTECTED STATUS. 
(a) IN GENERAL.—Section 245 (8 U.S.C. 1255) is 
amended by adding at the end the following: 
‘‘(n)(1) If, in the opinion of the Secretary of the 
Homeland Security Department, a person granted tem-
porary protected status under section 244— 
‘‘(A) has been physically present in the United 
States in that status for a continuous period of at 
least 5 years;
‘‘(B) has at all times been a person of good 
moral character; 
‘‘(C) has never been convicted of a criminal of-
fense in the United States; 
‘‘(D) in the case of an alien who is 18 years of 
age or older, but who is not over the age of 65, has 
successfully completed a course on reading, writing, 
and speaking words in ordinary usage in the English 
language, unless unable to do so on account of phys-
ical or developmental disability or mental impair-
ment; 
‘‘(E) in the case of an alien 18 years of age or 
older, has accepted the values and cultural life of the 
United States; and 
‘‘(F) in the case of an alien 18 years of age or 
older, has performed at least 40 hours of community 
service; 
the Secretary may adjust the status of the alien to that 
of an alien lawfully admitted for permanent residence. 
‘‘(2) An alien shall not be considered to have failed 
to maintain a continuous presence in the United States 
for purposes of subsection (a)(1) by virtue of brief, casual, 
and innocent absences from the United States.
‘‘(3)(A) The alien shall establish that the alien is ad-
missible to the United States as immigrant, except as oth-
erwise provided in paragraph (2). 
‘‘(B) The provisions of paragraphs (5), (6)(A), 
(6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and 
(9)(C)(i)(I) of section 212(a) shall not apply in the deter-
mination of an alien’s admissibility under this section. 
‘‘(4) When an alien is granted lawful permanent resi-
dent status under this subsection, the number of immi-
grant visas authorized to be issued under any provision 
of this Act shall not be reduced. The numerical limitations 
of sections 201 and 202 shall not apply to adjustment of 
status under this section. 
‘‘(5) The Secretary of Homeland Security may termi-
nate removal proceedings without prejudice pending the 
outcome of an alien’s application for adjustment of status 
under this section on the basis of a prima facie showing 
of eligibility for relief under this section.’’. 
(b) LIMITATION ON CONSIDERATION IN THE SENATE 
OF LEGISLATION ADJUSTING STATUS.—Section 244 (8 
U.S.C. 1254a) is amended by striking subsection (h) and 
redesignating subsection (i) as subsection (h). 
SEC. 1102. FOREIGN STATE DESIGNATIONS. 
Section 244(b)(1)(C) (8 U.S.C. 1254a(b)(1)(C)) is 
amended to change the following phrase ‘‘the Attorney
General finds that there exist extraordinary and tem-
porary conditions in the foreign state that prevent aliens 
who are nationals of the state from returning to the state 
in safety,’’ so that it reads as follows: ‘‘the Secretary of 
Homeland Security finds that extraordinary and tem-
porary conditions in the foreign state make returning 
aliens to the state undesirable for humanitarian reasons,’’. 
TITLE XII—MISCELLANEOUS 
PROVISIONS 
SEC. 1201. NATURALIZATION PROVISIONS. 
(a) PHYSICAL PRESENCE REQUIREMENT.—Section 
316(a) (8 U.S.C. 1427) is amended by adding at the end 
the following: 
‘‘(g) 
When 
warranted 
by 
extraordinary 
cir-
cumstances, the Secretary of Homeland Security may re-
duce, by not more than 90 days, the physical presence re-
quirement described in the preceding sentence.’’. 
(b) ABSENCES FROM THE UNITED STATES.—Section 
316(b) (8 U.S.C. 1427(b)) is amended— 
(1) in the first sentence, by striking ‘‘one year’’ 
and inserting ‘‘18 months’’; and 
(2) in the second sentence, by striking ‘‘contin-
uous period of one year’’ and inserting ‘‘continuous 
period of 18 months’’.
SEC. 
1202. 
PREVENTING 
INAPPROPRIATE 
STATE 
AND 
LOCAL GOVERNMENT INVOLVEMENT IN THE 
ENFORCEMENT OF CIVIL IMMIGRATION PRO-
VISIONS UNDER THE IMMIGRATION AND NA-
TIONALITY ACT. 
(a) ELIMINATION OF BAN ON STATE AND LOCAL 
GOVERNMENTS FROM PREVENTING COMMUNICATIONS 
WITH THE DEPARTMENT OF HOMELAND SECURITY.— 
(1) IN GENERAL.—Section 642 of the Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1373) is repealed. 
(2) VERIFICATION OF ELIGIBILITY FOR FED-
ERAL PUBLIC BENEFITS.—Section 432 of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1642) is repealed. 
(b) ELIMINATION OF AUTHORITY TO PERMIT STATE 
PERSONNEL
TO CARRY OUT IMMIGRATION OFFICER 
FUNCTIONS.—Section 287(g) (8 U.S.C. 1357(g)) is re-
pealed.
TITLE 
XIII—PROTECTION 
FOR 
IMMIGRANT VICTIMS OF VIO-
LENCE 
SEC. 1300. SHORT TITLE OF TITLE; TABLE OF CONTENTS OF 
TITLE; REFERENCES TO VAWA–2000; REGULA-
TIONS. 
(a) SHORT TITLE.—This title may be cited as ‘‘Im-
migrant Victims of Violence Protection Act of 2005’’. 
(b) REFERENCES TO VAWA–2000.—In this title, the 
term ‘‘VAWA–2000’’ means the Violence Against Women 
Act of 2000 (division B of Public Law 106–386). 
(c) REGULATIONS.— Not later than 180 days after 
the date of the enactment of this Act, the Attorney Gen-
eral, the Secretary of Homeland Security, and Secretary 
of State shall promulgate regulations to implement the 
provisions contained in the Battered Immigrant Women 
Protection Act of 2000 (title V of VAWA–2000) and the 
amendments made by (and the provisions of) this title. 
Subtitle A—Victims of Crime 
SEC. 1301. CONDITIONS APPLICABLE TO U AND T VISAS. 
(a) TREATMENT OF U DERIVATIVES.—Clause (ii) of 
section 101(a)(15)(U)(ii) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(U)(ii)), as added by sec-
tion 1513(b) of VAWA–2000, is amended to read as fol-
lows:
‘‘(ii) the spouse or child of an alien de-
scribed in clause (i), or the parent of such an 
alien if the alien is a child, or the unmarried 
sibling of such a child if such sibling is under 
18 years of age on the date on which such alien 
applied for status under such clause, if— 
‘‘(I) the Secretary of Homeland Secu-
rity considers it necessary to avoid extreme 
hardship to such alien or such spouse, 
child, parent, or sibling; or 
‘‘(II) a government official described 
in clause (i)(III) certifies that an investiga-
tion or prosecution described in such 
clause would be harmed without the assist-
ance of such spouse, child, parent, or sib-
ling; and’’. 
(b) TREATMENT OF SPOUSE AND CHILDREN OF VIC-
TIMS
OF
TRAFFICKING.—Clause 
(ii) 
of 
section 
101(a)(15)(T) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(T)) is amended to read as follows: 
‘‘(ii) if accompanying, or following to join, 
the alien described in clause (i)— 
‘‘(I) in the case of an alien so de-
scribed who is under 21 years of age, the 
spouse, children, unmarried siblings under
18 years of age on the date on which such 
alien applied for status under such clause, 
and parents of such alien; or 
‘‘(II) in the case of an alien described 
in clause (i) who is 21 years of age or 
older, the spouse and children of such 
alien;’’. 
(c) DURATION OF U AND T VISAS.— 
(1) U VISAS.—Section 214(p) of such Act (8 
U.S.C. 1184(p)) is amended by adding at the end 
the following new paragraph: 
‘‘(6) DURATION OF STATUS.—The authorized 
period of status of an alien as a nonimmigrant 
under section 101(a)(15)(U) shall be 4 years, but 
shall be extended— 
‘‘(A) on a year-by-year basis upon certifi-
cation from a Federal, State or local law en-
forcement official, prosecutor, judge, or other 
Federal, State or local authority investigating 
or prosecuting criminal activity described in 
section 101(a)(15)(U)(iii) that the alien’s con-
tinued presence in the United States is required 
to assist in the investigation or prosecution of 
such criminal activity; and
‘‘(B) if the alien files an application for ad-
justment of status under section 245(m), until 
final adjudication of such application.’’. 
(2) T VISAS.—Section 214(o) of such Act (8 
U.S.C. 1184(o)), as redesignated by section 8(a)(3) 
of the Trafficking Victims Protection Reauthoriza-
tion Act of 2003 (Public Law 108–193), is amended 
by adding at the end the following: 
‘‘(7) The authorized period of status of an alien as 
a nonimmigrant status under section 101(a)(15)(T) shall 
be 4 years, but shall be extended— 
‘‘(A) on a year-by-year basis upon certification 
from a Federal, State or local law enforcement offi-
cial, prosecutor, judge, or other Federal, State or 
local authority investigating or prosecuting criminal 
activity relating to human trafficking that the alien’s 
continued presence in the United States is required 
to assist in the investigation or prosecution of such 
criminal activity; and 
‘‘(B) if the alien files an application for adjust-
ment of status under section 245(l), until final adju-
dication of such application.’’. 
(d) PERMITTING CHANGE OF NONIMMIGRANT STA-
TUS TO U AND T NONIMMIGRANT STATUS.—
(1) IN GENERAL.—Section 248 of such Act (8 
U.S.C. 1258) is amended— 
(A) by striking ‘‘The Attorney General’’ 
and inserting ‘‘(a) The Secretary of Homeland 
Security’’; 
(B) by inserting ‘‘(subject to subsection 
(b))’’ after ‘‘except’’; and 
(C) by adding at the end the following new 
subsection: 
‘‘(b) The limitation based on inadmissibility under 
section 212(a)(9)(B) and the exceptions specified in num-
bered paragraphs of subsection (a) shall not apply to a 
change of nonimmigrant classification to that of a non-
immigrant under subparagraph (T) or (U) of section 
101(a)(15), other than from such classification under sub-
paragraph (C) or (D) of such section.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is 
amended by 
striking 
‘‘248(2)’’ 
and 
inserting 
‘‘248(a)(2)’’. 
(e) U VISA CRIMES.— 
(1) IN
GENERAL.—Section 101(a)(15)(U) of 
such Act (8 U.S.C. 1101(a)(15)(U)) is amended— 
(A) in clause (i)(I)—
(i) by inserting ‘‘or injury’’ after 
‘‘physical or mental abuse’’; and 
(ii) by inserting ‘‘or witness’’ after 
‘‘victim’’; and 
(B) in clause (iii), by inserting ‘‘child 
abuse; stalking (including physical or electronic 
stalking);’’ after ‘‘unlawful criminal restraint; 
false imprisonment;’’. 
(2) IMPLEMENTATION.—It is the intent of Con-
gress that certifications should be made under clause 
(i)(III) of section 101(a)(15)(U) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(U)) 
where an alien provides information to a law en-
forcement official on criminal activity described in 
clause (iii) of such section and is willing to help in 
the investigation of such activity, regardless of 
whether a prosecution is made in such case or if 
prosecution is made for criminal activity not de-
scribed in such clause. 
(f) CERTIFICATION PROCESS FOR VICTIMS OF TRAF-
FICKING.— 
(1) VICTIM ASSISTANCE IN INVESTIGATION OR 
PROSECUTION.—Section 107(b)(1)(E) of the Traf-
ficking Victims Protection Act of 2000 (Division A
of Public Law 106–386; 22 U.S.C. 7105(b)(1)(E)) 
is amended—— 
(A) in clause (i)(I), by striking ‘‘investiga-
tion and prosecution’’ and inserting ‘‘investiga-
tion or prosecution, by the United States or a 
State or local government’’; and 
(B) in clause (iii)— 
(i) by striking ‘‘INVESTIGATION AND 
PROSECUTION’’ and ‘‘investigation and 
prosecution’’ and inserting ‘‘INVESTIGA-
TION OR PROSECUTION’’ and ‘‘investigation 
or prosecution’’, respectively; 
(ii) in subclause (II), by striking 
‘‘and’’ at the end; 
(iii) in subclause (III), by striking the 
period and inserting ‘‘; or’’; and 
(iv) by adding at the end the following 
new subclause: 
‘‘(IV) responding to and cooper-
ating with requests for evidence and 
information.’’. 
(2) CLARIFYING ROLES OF ATTORNEY GENERAL 
AND SECRETARY OF HOMELAND SECURITY.—
(A) Section 107 of the Trafficking Victims 
Protection Act of 2000 (Division A of Public 
Law 106–386; 22 U.S.C. 7105) is amended— 
(i) in subsections (b)(1)(E)(i)(II)(bb), 
(b)(1)(E)(ii), (e)(5), and (g), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(ii) in subsection (c), by inserting ‘‘, 
Secretary of Homeland Security,’’ after 
‘‘Attorney General’’. 
(B) Section 101(a)(15)(T) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(T)) is amended by striking ‘‘Attor-
ney General’’ and inserting ‘‘Secretary of 
Homeland Security’’ each place it appears. 
(C) Section 212(d)(13) of the Immigration 
and Nationality Act (8 U.S.C. 1182(d)(13)) is 
amended— 
(i) in subparagraph (A), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; 
(ii) in subparagraph (B), by striking 
‘‘Attorney General’’ the first place it ap-
pears and inserting ‘‘Secretary of Home-
land Security’’; and
(iii) in subparagraph (B), by striking 
‘‘Attorney General, in the Attorney Gen-
eral’s discretion’’ and inserting ‘‘Secretary, 
in the Secretary’s discretion’’. 
(D) Section 101(i) of the Immigration and 
Nationality Act (8 U.S.C. 1101(i)) is amend-
ed— 
(i) in paragraph (1), by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary 
of Homeland Security, the Attorney Gen-
eral,’’; and 
(ii) in paragraph (2), by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary 
of Homeland Security’’. 
(E) Section 245(l) of the Immigration and 
Nationality Act (8 U.S.C. 1255(l)) is amend-
ed— 
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’ the first place it appears in para-
graphs (1) and (2) and in paragraph (4); 
(ii) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary ’’ the second 
place it appears in paragraphs (1) and (2); 
and
(iii) in paragraph (2), by striking ‘‘At-
torney General’s’’ and inserting ‘‘Sec-
retary’s’’. 
(3) PETITIONING BY STATE AND LOCAL LAW 
ENFORCEMENT
OFFICIALS.—Section 107(c)(3) of 
the Trafficking Victims Protection Act of 2000 (Di-
vision A of Public Law 106–386; 22 U.S.C. 
7105(c)(3)) is amended by adding at the end the fol-
lowing: ‘‘State or local law enforcement officials may 
petition Federal law enforcement officials for the 
continued presence for trafficking victims. If such a 
petition contains a certification that a trafficking 
victim is a victim of a severe form of trafficking, the 
presence of the trafficking victim shall be permitted 
in accordance with this paragraph.’’. 
(g) EFFECTIVE DATES.— 
(1) IN GENERAL.—The amendments made by 
subsections (a), (b), (c)(1), (d), and (e) shall take ef-
fect on the date of the enactment of this Act. 
(2) TRANSITION FOR DURATION OF T VISAS.— 
In the case of an alien who is classified as a non-
immigrant under section 101(a)(15)(T) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(T)) before the the date of implementa-
tion of the amendment made by subsection (c)(2)
and whose period of authorized stay was less than 
4 years, the authorized period of status of the alien 
as such a nonimmigrant shall be extended to be 4 
years and shall be further extended on a year-by- 
year basis as provided in section 214(o)(7) of such 
Act, as added by such amendment. 
(3) CERTIFICATION PROCESS.—(A) The amend-
ments made by subsection (f)(1) shall be effective as 
if included in the enactment of VAWA–2000. 
(B) The amendments made by subsection (f)(2) 
shall be effective as of the applicable date of transfer 
of authority from the Attorney General to the Sec-
retary of Homeland Security under the Homeland 
Security Act of 2002 (Public Law 107–296). 
(C) The amendment made by subsection (f)(3) 
shall be effective as if included in the enactment of 
the Trafficking Victims Protection Reauthorization 
Act of 2003 (Public Law 108–193). 
SEC. 1302. CLARIFICATION OF BASIS FOR RELIEF UNDER 
HARDSHIP WAIVERS FOR CONDITIONAL PER-
MANENT RESIDENCE. 
(a) IN GENERAL.—Section 216(c)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend-
ed by adding at the end the following: ‘‘An application 
for relief under this paragraph may be based on one or
more grounds specified in subparagraphs (A) through (D) 
and may be amended at any time to change the ground 
or grounds for such relief without the application being 
resubmitted.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) 
is amended by inserting before the period at the end the 
following: ‘‘or qualifies for a waiver under section 
216(c)(4)’’. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to applications for relief pending 
or filed on or after April 10, 2003. 
SEC. 1303. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF-
FICKING. 
Section 245(l)(1)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1255(l)(1)(A)) is amended by striking 
‘‘for a continuous period of at least 3 years’’. 
Subtitle B—VAWA Petitioners 
SEC. 1311. DEFINITION OF VAWA PETITIONER. 
(a) IN GENERAL.—Section 101(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(51) The term ‘VAWA petitioner’ means an alien 
whose application or petition for classification or relief 
under any of the following provisions (whether as a prin-
cipal or as a derivative) has been filed and has not been 
denied after exhaustion of administrative appeals: 
‘‘(A) Clause (iii), (iv), or (vii) of section 
204(a)(1)(A). 
‘‘(B) Clause (ii) or (iii) of section 204(a)(1)(B). 
‘‘(C) The first section of Public Law 89–732 
(commonly known as the Cuban Adjustment Act) as 
a child or spouse who has been battered or subjected 
to extreme cruelty. 
‘‘(D) Section 902(d)(1)(B) of the Haitian Ref-
ugee Immigration Fairness Act of 1998 (division A 
of section 101(h) of Public Law 105–277). 
‘‘(E) Section 202(d)(1) of the Nicaraguan Ad-
justment and Central American Relief Act (8 U.S.C. 
1255 note; Public Law 105–100). 
‘‘(F) Section 309(c)(5) of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 
1996 (division C of Public Law 104–208; 8 U.S.C. 
1101 note).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 212(a)(6)(A)(ii)(I) of such Act (8 
U.S.C. 1182(a)(6)(A)(ii)(I)) is amended by striking 
‘‘qualifies for immigrant status under subparagraph 
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 
204(a)(1)’’ and inserting ‘‘is a VAWA petitioner’’.
(2) Section 212(a)(9)(C)(ii) of such Act (8 
U.S.C. 1182(a)(9)(C)(ii)) is amended by striking ‘‘to 
whom the Attorney General has granted classifica-
tion under clause (iii), (iv), or (v) of section 
204(a)(1)(A), or classification under clause (ii), (iii), 
or (iv) of section 204(a)(1)(B)’’ and inserting ‘‘is a 
VAWA petitioner’’. 
(3) Subsections (h)(1)(C) and (g)(1)(C) of sec-
tion 212 (8 U.S.C. 1182) is amended by striking 
‘‘qualifies for classification under clause (iii) or (iv) 
of section 204(a)(1)(A) or classification under clause 
(ii) or (iii) of section 204(a)(1)(B)’’ and inserting 
‘‘is a VAWA petitioner’’. 
(4) Section 212(i)(1) of such Act (8 U.S.C. 
1182(i)(1)) is amended by striking ‘‘an alien granted 
classification under clause (iii) or (iv) of section 
201(a)(1)(A) or clause (ii) or (iii) of section 
204(a)(1)(B)’’ and inserting ‘‘a VAWA petitioner’’. 
(5) Section 237(a)(1)(H)(ii) of such Act (8 
U.S.C. 1227(a)(1)(H)(ii)) is amended by striking ‘‘is 
an alien who qualifies for classification under clause 
(iii) or (iv) of section 204(a)(1)(A) or clause (ii) or 
(iii) of section 204(a)(1)(B)’’ and inserting ‘‘is a 
VAWA petitioner’’.