(3) A Notice to Report issued by the Depart-
ment of Homeland Security. 
SEC. 6. IMMIGRATION PAROLE REFORM. 
(a) IN GENERAL.—Section 212(d)(5) of the Immi-
gration 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 Sec-
retary, may temporarily 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 po-
tential parole recipients, for urgent humanitarian 
reasons or significant public benefit. Parole granted 
under this subparagraph may not be regarded as an 
admission of the alien. When the purposes of such 
parole have been served in the opinion of the Sec-
retary, the alien shall immediately return or be re-
turned to the custody from which the alien was pa-
roled. 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. 
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‘‘(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 peti-
tion under section 203(a); 
‘‘(iii) is not otherwise inadmissible or re-
movable; and 
‘‘(iv) is the spouse or child of a member of 
the Armed Forces serving on active duty. 
‘‘(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 
petition under section 203(a); 
‘‘(iii) for whom an immigrant visa is not 
immediately 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 
furtherance of the commitment of the United 
States to the minimum level of annual legal mi-
gration of Cuban nationals to the United States 
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specified in the U.S.-Cuba Joint Communique´ 
on Migration, done at New York September 9, 
1994, and reaffirmed in the Cuba-United 
States: Joint Statement on Normalization of 
Migration, Building on the Agreement of Sep-
tember 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 contig-
uous country under section 235(b)(2)(C) to allow 
the alien to attend the alien’s immigration hearing. 
The grant of parole shall not exceed the time re-
quired 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 coun-
try. A grant of parole under this subparagraph shall 
not be considered for purposes of determining 
whether the alien is inadmissible under this Act. 
‘‘(E) For purposes of determining an alien’s eli-
gibility for parole under subparagraph (A), an ur-
gent humanitarian reason shall be limited to cir-
cumstances in which the alien establishes that— 
‘‘(i)(I) the alien has a medical emergency; 
and 
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‘‘(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-threat-
ening and there is insufficient time for the alien 
to be admitted through the normal visa process; 
‘‘(ii) the alien is the parent or legal guard-
ian of an alien described in clause (i) and the 
alien described in clause (i) is a minor; 
‘‘(iii) the alien is needed in the United 
States in order to donate an organ or other tis-
sue for transplant and there is insufficient time 
for the alien to be admitted through the normal 
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 admitted through the 
normal visa process; 
‘‘(v) the alien is seeking to attend the fu-
neral of a close family member and the alien 
could not arrive in the United States in time to 
attend such funeral if the alien were to be ad-
mitted through the normal visa process; 
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‘‘(vi) the alien is an adopted child with an 
urgent medical condition who is in the legal 
custody of the petitioner for a final adoption-re-
lated visa and whose medical treatment is re-
quired before the expected award of a final 
adoption-related visa; or 
‘‘(vii) the alien is a lawful applicant for ad-
justment of status under section 245 and is re-
turning to the United States after temporary 
travel abroad. 
‘‘(F) For purposes of determining an alien’s eli-
gibility for parole under subparagraph (A), a signifi-
cant public benefit may be determined to result from 
the parole of an alien only if— 
‘‘(i) the alien has assisted (or will assist, 
whether knowingly or not) the United States 
Government in a law enforcement matter; 
‘‘(ii) the alien’s presence is required by the 
Government in furtherance of such law enforce-
ment matter; and 
‘‘(iii) the alien is inadmissible, does not 
satisfy the eligibility requirements for admission 
as a nonimmigrant, or there is insufficient time 
for the alien to be admitted through the normal 
visa process. 
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‘‘(G) For purposes of determining an alien’s eli-
gibility for parole under subparagraph (A), the term 
‘case-by-case basis’ means that the facts in each in-
dividual case are considered and parole is not grant-
ed based on membership in a defined class of aliens 
to be granted parole. The fact that aliens are consid-
ered 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 subpara-
graphs (B), (C), (D), (E), and (F). 
‘‘(I) An alien granted parole may not accept 
employment, except that an alien granted parole 
pursuant to subparagraph (B) or (C) is authorized 
to accept employment for the duration of the parole, 
as evidenced by an employment authorization docu-
ment 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 
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paragraph, in 1-year increments, until the applica-
tion for adjustment has been adjudicated. Such pa-
role shall terminate immediately upon the denial of 
such adjustment application. 
‘‘(L) The total number of aliens granted parole 
under this paragraph during any fiscal year may not 
exceed 1,000. 
‘‘(M) Not later than 90 days after the last day 
of each fiscal year, the Secretary of Homeland Secu-
rity shall submit to the Committee on the Judiciary 
of the Senate and the Committee on the Judiciary 
of the House of Representatives and make available 
to the public, a report— 
‘‘(i) identifying the total number of aliens 
paroled into the United States under this para-
graph during the previous fiscal year; and 
‘‘(ii) containing information and data re-
garding all aliens paroled during such fiscal 
year, including— 
‘‘(I) the duration of parole; 
‘‘(II) the type of parole; and 
‘‘(III) the current status of the aliens 
so paroled.’’. 
(b) IMPLEMENTATION.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), this section and the amendments made by 
this section shall take effect on the date that is 30 
days after the date of the enactment of this Act. 
(2) EXCEPTIONS.—Notwithstanding paragraph 
(1), each of the following exceptions apply: 
(A) 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. 
(B) Section 212(d)(5)(J) of the Immigra-
tion and Nationality Act, as added by sub-
section (a), shall take effect on the date of the 
enactment of this Act. 
(C) Aliens who were paroled into the 
United States pursuant to section 212(d)(5)(A) 
of the Immigration and Nationality Act (8 
U.S.C. 1182(d)(5)(A)) before January 1, 2023, 
shall continue to be subject to the terms of pa-
role that were in effect on the date on which 
their respective parole was approved. 
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(c) CAUSE OF ACTION.—Any person, State, or local 
government that experiences financial harm in excess of 
$1,000 due to a failure of the Federal Government to law-
fully apply the provisions of this section or the amend-
ments made by this section shall have standing to bring 
a civil action against the Federal Government in an appro-
priate district court of the United States for appropriate 
relief. 
(d) SEVERABILITY.—If any provision of this section 
or any amendment by this section, or the application of 
such provision or amendment to any person or cir-
cumstance, is held to be unconstitutional, the remainder 
of this section and the application of such provision or 
amendment to any other person or circumstance shall not 
be affected. 
Æ 
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