New Way Forward Act
Bill: H.R.536 | Sponsor: Rep. Garcia, Jesus G. "Chuy" (D-IL)
Policy area: Immigration

Summary:
New Way Forward Act
This bill makes changes to immigration enforcement, including ending mandatory detention in certain cases.
The Department of Homeland Security (DHS) shall not enter into or extend any contract with any public or private for-profit entity to own or operate a facility to detain aliens in DHS custody.
The bill provides for various protections related to detaining aliens, such as (1) requiring DHS to make an initial custody determination and establish probable cause within 48 hours of taking an alien into custody, (2) establishing in hearings related to such determinations a presumption that the alien be released, and (3) requiring immigration judges to impose the least restrictive detention conditions necessary.
A DHS officer may not interrogate a person as to immigration status based on factors such as the person's race, religion, sexual orientation, or spoken language.
The bill removes mandatory detention requirements for certain aliens, such as asylum seekers with a credible fear of persecution.
Removal proceedings against certain aliens previously admitted into the United States must commence within five years of the alien becoming deportable or inadmissible. The bill also removes certain crime-related grounds of inadmissibility and deportability.
The bill gives immigration judges discretion to provide relief from removal if the removal is not based on certain crime-related grounds.
State or local officers are prohibited from performing certain immigration enforcement functions, such as apprehending aliens. The National Crime Information Center database shall not contain an alien's immigration information.
The bill repeals provisions providing criminal penalties for improper entry or reentry into the United States.

To reform the process for enforcing the immigration laws of the United 
                    States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``New Way Forward Act''.

 TITLE I--END MANDATORY DETENTION AND REQUIRE PROBABLE CAUSE FOR ARREST

SEC. 101. PHASE-OUT OF PRIVATE FOR-PROFIT DETENTION FACILITIES AND USE 
              OF JAILS.

    (a) Secure Detention Facilities.--Beginning on the date of the 
enactment of this Act, the Secretary of Homeland Security may not enter 
into, or extend, any contract with any public or private for-profit 
entity that owns or operates a detention facility for use of that 
facility to detain aliens in the custody of the Department of Homeland 
Security, and shall terminate any such contract not later than the date 
that is 3 years after the date of the enactment of this Act. Beginning 
on the date that is 3 years after the date of the enactment of this 
Act, any facility at which aliens in the custody of the Department of 
Homeland Security are detained shall be owned and operated by the 
Department of Homeland Security.
    (b) Non-Secure Detention Programs.--Beginning on the date of the 
enactment of this Act, the Secretary of Homeland Security may not enter 
into, or extend, any contract with any public or private for-profit 
entity that owns or operates a program or facility that provides for 
non-residential detention-related activities for aliens who are subject 
to monitoring by the Department of Homeland Security, and shall 
terminate any such contact not later than the date that is 3 years 
after the date of the enactment of this Act. Beginning on the date that 
is 3 years after the date of the enactment of this Act, any such 
program or facility shall be owned and operated by a nonprofit 
organization or by the Department of Homeland Security.
    (c) Publication of Plan.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary shall develop, and make 
publicly available, a plan and timeline for the implementation of this 
section.

SEC. 102. PROCEDURES FOR DETAINING ALIENS.

    (a) Custody and Bond Determinations.--Section 236 of the 
Immigration and Nationality Act (8 U.S.C. 1226) is amended--
            (1) by striking subsections (a) through (c) and inserting 
        the following:
    ``(a) Arrest, Detention, and Release.--
            ``(1) In general.--On a warrant issued by an immigration 
        judge, or pursuant to section 287(a)(2), the Secretary of 
        Homeland Security may arrest an alien and, in accordance with 
        this section, may, pending a decision on whether the alien is 
        to be removed from the United States--
                    ``(A) detain the alien; or
                    ``(B) release the alien--
                            ``(i) on bond;
                            ``(ii) subject to conditions; or
                            ``(iii) on the alien's own recognizance.
            ``(2) Exception.--This section shall not apply to an 
        unaccompanied alien child (as defined in section 462(g)(2) of 
        the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))). Such 
        an alien shall be transferred to the custody of the Secretary 
        of Health and Human Services pursuant to section 235(b)(3) of 
        the William Wilberforce Trafficking Victims Protection 
        Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)).
    ``(b) Custody and Bond Determinations.--
            ``(1) Initial determination.--Not later than 48 hours after 
        taking an alien into custody, the Secretary of Homeland 
        Security shall make an initial custody determination with 
        regard to that alien, and provide that determination in writing 
        to the alien. If the Secretary determines that the release 
        without conditions of an alien will not reasonably assure the 
        appearance of the alien as required or will endanger the safety 
        of any other person or the community, the custody determination 
        under this paragraph will impose the least restrictive 
        conditions, as described in paragraph (4).
            ``(2) Timing.--If an alien seeks to challenge the initial 
        custody determination under paragraph (1), the alien shall be 
        provided with the opportunity for a hearing before an 
        immigration judge to determine whether the alien should be 
        detained, which hearing shall occur not later than 72 hours 
        after the initial custody determination, except that an 
        immigration judge may grant a reasonable continuance upon the 
        alien's request for additional time to prepare for the hearing.
            ``(3) Presumption of release.--In a hearing under this 
        subsection, there shall be a rebuttable presumption that the 
        alien should be released. The Government shall have the duty of 
        rebutting this presumption by clear and convincing evidence 
        based on credible and individualized information that 
        establishes that the use of alternatives to detention will not 
        reasonably assure the appearance of the alien at removal 
        proceedings, or that the alien is a threat to another person or 
        the community. The fact that an alien has a prior conviction or 
        a criminal charge pending against the alien may not be the sole 
        factor to justify the continued detention of the alien.
            ``(4) Least restrictive conditions required.--If an 
        immigration judge determines pursuant to a hearing under this 
        section that the release without conditions of an alien will 
        not reasonably assure the appearance of the alien as required 
        or will endanger the safety of any other person or the 
        community, the immigration judge shall order the least 
        restrictive conditions, or combination of conditions, that the 
        judge determines will reasonably assure the appearance of the 
        alien as required and the safety of any other person and the 
        community, which may include secured or unsecured release on 
        bond, or participation in a program described in subsection 
        (i). Any conditions assigned to an alien pursuant to this 
        paragraph shall be reviewed by the immigration judge on a 
        monthly basis.
            ``(5) Bond determination.--In the case that an immigration 
        judge makes a determination to release an alien on bond under 
        subsection (a)(1)(B)(i), the immigration judge shall consider, 
        for purposes of setting the amount of the bond, the alien's 
        financial resources and ability to pay the bond without 
        imposing financial hardship on the alien.
            ``(6) Special rule for vulnerable persons and primary 
        caregivers.--In a case in which an alien who is the subject of 
        a custody determination under this subsection is a vulnerable 
        person or a primary caregiver, the alien may not be detained 
        unless the Government shows, in addition to the requirements 
        under paragraph (3), that it is unreasonable or not practicable 
        to place the individual in a community-based supervision 
        program.
            ``(7) Definition.--In this subsection, the term `vulnerable 
        person' means an individual who--
                    ``(A) is under 21 years of age or over 60 years of 
                age;
                    ``(B) is pregnant;
                    ``(C) identifies as lesbian, gay, bisexual, 
                transgender, or intersex;
                    ``(D) is victim or witness of a crime;
                    ``(E) has filed a nonfrivolous civil rights claim 
                in Federal or State court;
                    ``(F) has a serious mental or physical illness or 
                disability;
                    ``(G) has been determined by an asylum officer in 
                an interview conducted under section 235(b)(1)(B) to 
                have a credible fear of persecution or a reasonable 
                fear of persecution under section 208.31 or 241.8(e) of 
                title 8, Code of Federal Regulations (as in effect on 
                the date of the enactment of the New Way Forward Act);
                    ``(H) has limited English language proficiency and 
                is not provided access to appropriate and meaningful 
                language services in a timely fashion; or
                    ``(I) has been determined by an immigration judge 
                or the Secretary of Homeland Security to be 
                experiencing severe trauma or to be a survivor of 
                torture or gender-based violence, based on information 
                obtained during intake, from the alien's attorney or 
                legal service provider, or through credible self-
                reporting.
    ``(c) Subsequent Determinations.--An alien who is detained under 
this section shall be provided with a de novo custody determination 
hearing under this subsection every 60 days, as well as upon showing of 
a change in circumstances or good cause for a de novo custody 
determination hearing.''; and
            (2) by striking subsection (e) and inserting the following:
    ``(e) Release Upon an Order Granting Relief From Removal.--In the 
case of an alien with respect to whom an immigration judge has entered 
an order terminating removal proceedings or an order providing for 
relief from removal, including an order granting asylum, or providing 
for withholding, deferral, or cancellation of removal, which order is 
pending appeal, the Secretary of Homeland Security shall immediately 
release the alien upon entry of the order, and may impose only 
reasonable conditions on the alien's release from custody.
    ``(f) Alternatives to Detention.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        establish programs that provide alternatives to detaining 
        aliens, which shall offer a continuum of supervision mechanisms 
        and options, including community-based supervision programs and 
        community support. The Secretary may contract with 
        nongovernmental community-based organizations to provide 
        programs, which may include case management services, 
        appearance assistance services, and screenings of aliens who 
        have been detained.
            ``(2) Individualized determination required.--In 
        determining whether to order an alien to participate in a 
        program under this subsection, the Secretary, or the 
        immigration judge, as appropriate shall make an individualized 
        determination to determine the appropriate level of supervision 
        for the alien. Participation in a program under this subsection 
        may not be ordered for an alien for whom it is determined that 
        release on reasonable bond or recognizance will reasonably 
        assure the appearance of the alien as required and the safety 
        of any other person and the community.''.
    (b) Probable Cause Hearing.--Section 287(a) of the Immigration and 
Nationality Act (8 U.S.C. 1357(a)) is amended by striking the matter 
preceding paragraph (3) and inserting the following:
    ``(a) Any officer or employee of the Department of Homeland 
Security authorized under regulations prescribed by the Secretary of 
Homeland Security shall have power without warrant--
            ``(1) to interrogate any alien or person believed to be an 
        alien as to the person's right to be or to remain in the United 
        States, provided that such interrogation is not based on the 
        person's race, ethnicity, national origin, religion, sexual 
        orientation, color, spoken language, or English language 
        proficiency; and
            ``(2) to arrest any alien who in the officer or employee's 
        presence or view is entering or attempting to enter the United 
        States in violation of any law or regulation made in pursuance 
        of law regulating the admission, exclusion, expulsion, or 
        removal of aliens, or to arrest any alien in the United States, 
        if--
                    ``(A) the officer or employee has probable cause to 
                believe that the alien so arrested is in the United 
                States in violation of any such law or regulation and 
                is likely to escape before a warrant can be obtained 
                for his arrest;
                    ``(B) the officer or employee has reason to believe 
                that the person would knowingly and willfully fail to 
                appear in immigration court in response to a properly 
                served notice to appear; and
                    ``(C) not later than 48 hours after being taken 
                into custody, the arrested alien is provided with a 
                hearing before an immigration judge to determine 
                whether there is probable cause as required by this 
                section, including probable cause to believe that the 
                person would have knowingly and willfully failed to 
                appear as required under subparagraph (B), which burden 
                to establish probable cause shall be on the 
                Government.''.
    (c) Mandatory Detention Repealed.--The Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) is amended--
            (1) in section 235(b)(1)(B)(ii)--
                    (A) by striking ``shall'' and inserting ``may''; 
                and
                    (B) by inserting before the period at the end the 
                following: ``pursuant to the custody review procedures 
                set forth in section 236'';
            (2) by striking section 235(b)(1)(B)(iii)(IV);
            (3) in section 235(b)(2)(A)--
                    (A) by striking ``shall'' and inserting ``may''; 
                and
                    (B) by inserting before the period at the end the 
                following: ``pursuant to the custody review procedures 
                set forth in section 236'';
            (4) by striking section 236A;
            (5) in section 238(a)(2), by striking ``pursuant to section 
        236(c)''; and
            (6) in section 506(a)(2)--
                    (A) by striking the paragraph heading and inserting 
                the following: ``Release hearing for aliens detained''; 
                and
                    (B) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``lawfully admitted for permanent 
                        residence'';
                            (ii) by striking clause (i); and
                            (iii) by redesignating clauses (ii) and 
                        (iii) as clauses (i) and (ii), respectively.
    (d) Aliens Ordered Removed.--Section 241(a) of the Immigration and 
Nationality Act (8 U.S.C. 1231(a)) is amended--
            (1) in paragraph (1), by striking ``90 days'' each place it 
        appears and inserting ``60 days'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Initial custody redetermination hearing.--
                    ``(A) In general.--Not later than 72 hours after 
                the entry of a final administrative order of removal, 
                the alien ordered removed shall be provided with a 
                custody redetermination hearing before an immigration 
                judge.
                    ``(B) Presumption of detention.--For purposes of 
                the hearing under subparagraph (A), the alien shall be 
                detained during the removal period unless the alien can 
                show, by a preponderance of the evidence, that the 
                alien's removal is not reasonably foreseeable and that 
                the alien does not pose a risk to the safety of any 
                individual or to the community.'';
            (3) in paragraph (3)--
                    (A) in the paragraph heading, by striking ``90-
                day'' and inserting ``60-day''; and
                    (B) in the matter preceding subparagraph (A), by 
                striking ``the alien, pending removal, shall be subject 
                to supervision under'' and inserting the following: 
                ``except as provided in paragraph (7), any alien who 
                has been detained during the removal period shall be 
                released from custody, pending removal, subject to 
                individualized supervision requirements in accordance 
                with'';
            (4) by striking paragraph (6); and
            (5) by striking paragraph (7) and inserting the following:
            ``(7) Subsequent custody redetermination hearings.--
                    ``(A) In general.--The Government may request a 
                subsequent redetermination hearing before an 
                immigration judge seeking continued detention for an 
                alien ordered to be detained pursuant to paragraph (2) 
                who has not been removed within the removal period.
                    ``(B) Standard.--An alien may only be detained 
                after the removal period upon a showing by the 
                Government that--
                            ``(i) the alien's removal is reasonably 
                        foreseeable; and
                            ``(ii) the alien poses a risk to the safety 
                        of an individual or the community, which may 
                        only be established based on credible and 
                        individualized information that establishes 
                        objective risk factors, and may not be 
                        established based only on the fact that the 
                        alien has been charged with or is suspected of 
                        a crime.
                    ``(C) Period of detention.--An alien may not be 
                detained pursuant to an order under this paragraph for 
                longer than a 60-day period. The Government may seek 
                subsequent redetermination hearings under this 
                paragraph in order to continue detaining an alien 
                beyond each such 60-day period.''.

                    TITLE II--STATUTE OF LIMITATIONS

SEC. 201. TIME FOR COMMENCING REMOVAL PROCEEDINGS.

    Section 239(d) of the Immigration and Nationality Act (8 U.S.C. 
1229(d)) is amended by adding at the end the following:
    ``(3)(A) Notwithstanding paragraph (2), any removal proceeding 
against an alien previously admitted to the United States for being 
within a class of deportable aliens described in section 237(a)(2), or 
within a class of inadmissible aliens described in section 212(a)(2), 
shall not be entertained unless commenced not later than the date that 
is five years after the date on which the alien became deportable or 
inadmissible.
    ``(B) This paragraph shall apply to any removal proceeding 
resulting in an order of removal before the date of the enactment of 
the New Way Forward Act as if in effect on the date on which the 
removal proceeding was commenced.''.

          TITLE III--LIMIT CRIMINAL-SYSTEM-TO-REMOVAL PIPELINE

SEC. 301. CRIMINAL OFFENSES AND IMMIGRATION LAWS.

    (a) Inadmissibility Based on Criminal and Related Grounds.--Section 
212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) 
is amended--
            (1) by striking subparagraph (A); and
            (2) by redesignating subparagraphs (B) through (I) as 
        subparagraphs (A) through (H), respectively.
    (b) Deportability Based on Criminal Offenses.--Section 237(a)(2) of 
the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking clauses (i) and (ii);
                    (B) by redesignating clauses (iii) through (vi) as 
                clauses (i) through (iv), respectively; and
                    (C) in clause (iv), as so redesignated, by striking 
                ``Clauses (i), (ii), and (iii)'' and inserting 
                ``Clauses (i) and (ii)'';
            (2) by striking subparagraph (B); and
            (3) by redesignating subparagraphs (C) through (F) as 
        subparagraphs (B) through (E), respectively.

SEC. 302. DEFINITIONS.

    (a) Aggravated Felony.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``means--'' and inserting ``means a felony, for which a term of 
        imprisonment of not less than 5 years was imposed, that is--'';
            (2) in subparagraph (F), by striking ``for which the term 
        of imprisonment at least one year'';
            (3) in subparagraph (G), by striking ``for which'' and all 
        that follows through ``year'';
            (4) in subparagraph (J), by striking ``, for which a 
        sentence of one year imprisonment or more may be imposed'';
            (5) in subparagraph (P)--
                    (A) by striking ``(i)''; and
                    (B) by striking ``and (ii) for which the term of 
                imprisonment imposed (regardless of any suspension of 
                such imprisonment) is at least 12 months'';
            (6) in subparagraph (R), by striking ``for which the term 
        of imprisonment is at least one year'';
            (7) in subparagraph (S), by striking ``, for which the term 
        of imprisonment is at least one year''; and
            (8) by striking the last sentence.
    (b) Conviction.--Section 101(a)(48) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(48)) is amended--
            (1) in subparagraph (A), by striking ``court'' and all that 
        follows through ``to be imposed.'' and inserting the following: 
        ``court. An adjudication or judgment of guilt that has been 
        dismissed, expunged, sealed, deferred, annulled, invalidated, 
        withheld, or vacated, or where a court has issued a judicial 
        recommendation against removal, or an order of probation 
        without entry of judgment or any similar disposition, shall not 
        be considered a conviction for purposes of this Act. No 
        judgment on appeal or within the time to file direct appeal 
        shall be deemed a `conviction' for the purposes of this Act.''; 
        and
            (2) in subparagraph (B)--
                    (A) by inserting ``only'' after ``deemed to 
                include''; and
                    (B) by striking ``or confinement'' and all that 
                follows through the period at the end and inserting 
                ``ordered by a 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.''.
    (c) Particularly Serious Crime.--Section 208(b)(2)(B)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(B)(i)) is amended 
to read as follows:
                            ``(i) Conviction of aggravated felony.--For 
                        purposes of clause (ii) of subparagraph (A), 
                        section 241(b)(3)(B), or any other provision of 
                        this Act, only an alien who has been convicted 
                        of an aggravated felony for which a term of 
                        imprisonment of not less than five years was 
                        imposed shall be considered to have been 
                        convicted of a particularly serious crime.''.
    (d) Applicability.--The amendments made by this section shall apply 
to--
            (1) admissions and conduct occurring before, on, or after 
        the date of the enactment of this Act; and
            (2) convictions and sentences entered before, on, or after 
        the date of the enactment of this Act.

   TITLE IV--RESTORE JUDICIAL DISCRETION AND END REMOVAL WITHOUT DUE 
                                PROCESS

SEC. 401. IMMIGRATION PROCEDURAL CHANGES.

    (a) Decision and Burden of Proof.--Section 240(c)(1)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1229(c)(1)(A)) is amended by 
inserting after the period at the end the following: ``Notwithstanding 
any other provision of law, an immigration judge may grant any relief 
or deferral from removal, including withholding of removal, to any 
individual who is otherwise eligible for such relief but for a prior 
criminal conviction, or the commission of or a finding of the 
commission of other conduct described in section 212(a)(2), 237(a)(2), 
or 237(a)(3), if the immigration judge finds such an exercise of 
discretion appropriate in pursuit of humanitarian purposes, to assure 
family unity, or when it is otherwise in the public interest.''.
    (b) Removal of Aliens Who Are Not Permanent Residents.--Section 238 
of the Immigration and Nationality Act (8 U.S.C. 1228) is amended--
            (1) by striking subsection (b); and
            (2) by redesignating the first subsection (c) as subsection 
        (b).
    (c) Reinstatement of Removal Orders Against Aliens Illegally 
Reentering.--Section 241(a) of the Immigration and Nationality Act (8 
U.S.C. 1231(a)) is amended--
            (1) by striking paragraph (5); and
            (2) by redesignating paragraphs (6) and (7) as paragraphs 
        (5) and (6), respectively.
    (d) Special Rules Relating to Continuous Residence or Physical 
Presence.--Section 240A(d) of the Immigration and Nationality Act (8 
U.S.C. 1229b(d)) is amended--
            (1) by striking paragraph (1); and
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (1) and (2), respectively.
    (e) Judicial Review of Orders of Removal.--Section 242 of the 
Immigration and Nationality Act (8 U.S.C. 1252) is amended by striking 
subsection (a)(2)(C).

    TITLE V--PROHIBITION AGAINST PERFORMANCE OF IMMIGRATION OFFICER 
          FUNCTIONS BY STATE AND LOCAL OFFICERS AND EMPLOYEES

SEC. 501. LOCAL ENFORCEMENT.

    (a) In General.--Section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)) is amended to read as follows:
    ``(g)(1) The officers and employees of any State, or any political 
subdivision of a State, are prohibited from performing the function of 
an immigration officer in relation to the investigation, apprehension, 
transport, or detention of aliens in the United States or otherwise 
assist in the performance of such functions.
    ``(2) Civil immigration warrants shall not be made available to the 
officers or employees of any State, or any political subdivision of a 
State, through the National Crime Information Center database or its 
incorporated criminal history databases. Federal, State, and local law 
enforcement officials are prohibited from entering into the National 
Crime Information Center database or its incorporated criminal history 
databases information that relates to an alien's immigration status, 
the existence of a prior removal, deportation, or voluntary departure 
order entered against an alien, or any allegations of civil violations 
of the immigration laws. Any information described in this paragraph 
that is in the National Crime Information Center database shall be 
removed from such database not later than 90 days after the enactment 
of the New Way Forward Act.''.
    (b) Prohibiting Coordination for Enforcement of Immigration Laws.--
            (1)  Prohibiting state and local law enforcement arrest and 
        detention of aliens.--Section 439 of the Antiterrorism and 
        Effective Death Penalty Act of 1996 (8 U.S.C. 1252c) is 
        repealed.
            (2) Communication.--Section 434 of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1644) is repealed.
    (c) Communication and Enforcement.--Section 642 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1373) is repealed.

SEC. 502. NATIONAL CRIME INFORMATION CENTER.

    Section 534(f) of title 28, United States Code, is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Civil immigration warrants shall not be made 
        available to the officers or employees of any State, or any 
        political subdivision of a State, through the National Crime 
        Information Center database or its incorporated criminal 
        history databases. Federal, State, and local law enforcement 
        officials are prohibited from entering into the National Crime 
        Information Center database or its incorporated criminal 
        history databases information that relates to an alien's 
        immigration status, the existence of a prior removal, 
        deportation, or voluntary departure order entered against an 
        alien, or any allegations of civil violations of the 
        immigration laws. Any information described in this paragraph 
        that is in the National Crime Information Center database shall 
        be removed from such database not later than 90 days after the 
        enactment of the New Way Forward Act.''.

                   TITLE VI--DECRIMINALIZE MIGRATION

SEC. 601. REPEALING MIGRATION CRIMINAL LAWS.

    (a) Criminal Penalties for Entry at Improper Time or Place.--
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is 
repealed.
    (b) Criminal Penalties for Reentry.--Section 276 of the Immigration 
and Nationality Act (8 U.S.C. 1326) is repealed.

                     TITLE VII--RIGHT TO COME HOME

SEC. 701. RECONSIDERING AND REOPENING IMMIGRATION CASES.

    (a) In General.--Notwithstanding any other provision of law, the 
Attorney General--
            (1) shall grant a motion to reconsider or reopen 
        proceedings pursuant to paragraph (6) or (7) of section 240(c) 
        of the Immigration and Nationality Act (8 U.S.C. 1229a(c)) with 
        respect to any alien who--
                    (A) on or after April 24, 1996--
                            (i) was ordered removed, deported, or 
                        excluded; or
                            (ii) departed the United States pursuant to 
                        a grant of voluntary departure under section 
                        240B of the Immigration and Nationality Act (8 
                        U.S.C. 1229c) (regardless of whether or not the 
                        alien was ordered removed, deported, or 
                        excluded); and
                    (B) demonstrates that the alien--
                            (i) would not have been considered 
                        inadmissible, excludable, or deportable under 
                        the immigration laws (as defined in section 
                        101(a)(17) of the Immigration and Nationality 
                        Act (8 U.S.C. 1101(a)(17))) if this Act, and 
                        the amendments made by this Act, had been in 
                        effect on the date on which such order was 
                        issued or the voluntary departure took place; 
                        or
                            (ii) would have been eligible to apply for 
                        relief from removal, deportation, or exclusion 
                        under such laws if this Act, and the amendments 
                        made by this Act, had been in effect on the 
                        date on which such order was issued or the 
                        voluntary departure took place; and
            (2) shall deem an alien who makes the demonstration under 
        paragraph (1)(B) as not having been removed, deported, 
        excluded, or departed, and as not having failed to depart under 
        a voluntary departure order, for all purposes under the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (b) Previously Filed Application; Previous Motions To Reopen or 
Reconsider.--The Attorney General may not reject or deny a motion to 
reconsider or reopen under subsection (a) because--
            (1) the alien did not include a copy of any previously 
        filed application for relief; or
            (2) the alien had previously filed a motion to reopen or 
        reconsider.
    (c) Deadline.--The deadline described in paragraphs (6)(B) and 
(7)(C)(i) of section 240(c) of the Immigrations and Nationality Act (8 
U.S.C. 1229a(c)) shall not apply to a motion to reopen or reconsider 
under this section.
    (d) Transportation.--The Secretary of Homeland Security shall 
provide transportation for aliens eligible for reopening or 
reconsideration of their proceedings under this section, at Government 
expense, to return to the United States for further immigration 
proceedings and shall admit or parole the alien into the United States.
    (e) Physical Presence Requirement.--For the purpose of applications 
filed subsequent to reopening under this section pursuant to section 
240A of the Immigration and Nationality Act (8 U.S.C. 1229b), or any 
other application for relief under the immigration laws (as defined in 
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))), removal, deportation, exclusion, or voluntary departure 
shall not be considered to toll any physical presence requirement.
    (f) Judicial Review.--Notwithstanding any other provision of the 
Immigration and National Act (8 U.S.C. 1101 et seq.), any denial of a 
motion to reopen or reconsider submitted pursuant to this section is 
subject to de novo judicial review in a Federal district court having 
jurisdiction over the applicant's residence or, in the case of an 
applicant who was removed from the United States, the last known 
residential address of the applicant in the United States.
                                 <all>