II 117th CONGRESS 2d Session S. 5301 IN THE SENATE OF THE UNITED STATES December 19, 2022 Mr. Grassley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 212(d)(5) of the Immigration and Nationality Act to reform immigration parole, and for other purposes.

1. Short title This Act may be cited as the Immigration Parole Reform Act of 2022 . 2. Immigration parole reform Section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) is amended to read as follows: (5) (A) Except as provided in subparagraph (B) or section 214(f), the Secretary of Homeland Security, in the discretion of the Secretary, 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 potential 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 Secretary, the alien shall immediately return or be returned to the custody from which the alien was paroled. After such return, the case of the alien shall be dealt with in the same manner as the case of any other applicant for admission to the United States. (B) The Secretary of Homeland Security may grant parole to any alien who— (i) is present in the United States without lawful immigration status; (ii) is the beneficiary of an approved petition under section 203(a); (iii) is not otherwise inadmissible or removable; and (iv) is the spouse or child of a member of the Armed Forces serving on active duty. (C) For purposes of determining an alien's eligibility for parole under subparagraph (A), an urgent humanitarian reason shall be limited to circumstances in which— (i) (I) the alien has a medical emergency; and (II) (aa) the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or (bb) the medical emergency is life-threatening and there is insufficient time for the alien to be admitted through the normal visa process; (ii) the alien is the parent or legal guardian 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 tissue 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 funeral 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 admitted through the normal visa process; (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-related visa and whose medical treatment is required before the expected award of a final adoption-related visa; or (vii) the alien is a lawful applicant for adjustment of status under section 245 and is returning to the United States after temporary travel abroad. (D) For purposes of determining an alien's eligibility for parole under subparagraph (A), a significant 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 enforcement 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. (E) For purposes of determining an alien's eligibility for parole under subparagraph (A), the term case-by-case basis means that the facts in each individual case are considered and parole is not granted based on membership in a defined class of aliens to be granted parole. The fact that aliens are considered for or granted parole one-by-one and not as a group is not sufficient to establish that the parole decision is made on a case-by-case basis . (F) The Secretary of Homeland Security may not use the parole authority under this paragraph— (i) to allow an alien who is the beneficiary of a pending or approved immigrant petition to enter the United States (except as otherwise authorized under this paragraph) before an immigrant visa is issued to such alien; (ii) to parole into the United States aliens entering for the purpose of performing skilled or unskilled labor; (iii) to parole into the United States aliens seeking to undertake activities described in existing nonimmigrant classifications, including by paroling aliens seeking to undertake activities authorized under section 101(a)(15)(B) and who are nationals of a country that has not been designated as a program country under section 212(l) or 217; (iv) to parole into the United States an alien who is a refugee or who is described in a designated class of aliens granted access to the United States Refugee Admissions Program, unless such alien may otherwise be paroled under this paragraph; or (v) to parole an alien into the United States for any reason or purpose other than those described in subparagraphs (C) and (D). (G) Parole granted after a departure from the United States shall not be regarded as an admission of the alien. An alien granted parole, whether as an initial grant of parole or parole upon reentry into the United States, is not eligible to adjust status to lawful permanent residence or for any other immigration benefit if the immigration status the alien had at the time of departure did not authorize the alien to adjust status or to be eligible for such benefit. (H) (i) Except as provided in clauses (ii) and (iii), parole shall be granted to an alien under this paragraph for the shorter of— (I) a period of sufficient length to accomplish the activity described in subparagraph (C) or (D) for which the alien was granted parole; or (II) 1 year. (ii) Grants of parole pursuant to subparagraph (A) may be extended once, in the discretion of the Secretary, for an additional period that is the shorter of— (I) the period that is necessary to accomplish the activity described in subparagraph (C) or (D) for which the alien was granted parole; or (II) 1 year. (iii) Aliens who have a pending application to adjust status to permanent residence under section 245 may request extensions of parole under this paragraph, in 1-year increments, until the application for adjustment has been adjudicated. Such parole shall terminate immediately upon the denial of such adjustment application. (I) Not later than 90 days after the last day of each fiscal year, the Secretary of Homeland Security 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 paragraph during the previous fiscal year; and (ii) containing information and data regarding 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. . 3. Implementation (a) In general Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date that is 30 days after the date of the enactment of this Act. (b) Exceptions Notwithstanding subsection (a)— (1) any application for parole or advance parole filed by an alien before the date of the enactment of this Act shall be adjudicated under the law that was in effect on the date on which the application was properly filed and any approved advance parole shall remain valid under the law that was in effect on the date on which the advance parole was approved; (2) section 212(d)(5)(G) of the Immigration and Nationality Act, as added by section 2(b), shall take effect on the date of the enactment of this Act; and (3) the provisions of this Act, and the amendments made by this Act, affecting 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 the date of the enactment of this Act shall take effect on the date that is 180 days after such date of enactment. 4. 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 lawfully apply the provisions of this Act or the amendments made by this Act shall have standing to bring a civil action against the Federal Government in an appropriate district court of the United States. 5. Severability If any provision of this Act or any amendment by this Act, or the application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of such provision or amendment to any other person or circumstance shall not be affected.