[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 257 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 257

   To amend the Immigration and Nationality Act to reunify families, 
 permit earned access to permanent resident status, provide protection 
  against unfair immigration-related employment practices, reform the 
 diversity visa program, provide adjustment of status for Haitians and 
              Liberian nationals, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2005

   Ms. Jackson-Lee of Texas introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act to reunify families, 
 permit earned access to permanent resident status, provide protection 
  against unfair immigration-related employment practices, reform the 
 diversity visa program, provide adjustment of status for Haitians and 
              Liberian nationals, 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 ``Comprehensive Immigration Fairness 
Act''.

         TITLE I--FAMILY REUNIFICATION AND DISCRETIONARY RELIEF

SEC. 101. PERMANENT APPLICATION OF SECTION 245(I).

    Section 245(i) of the Immigration and Nationality Act (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 
                        certification 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. 102. DISCRETIONARY WAIVER OF INADMISSIBILITY BASED ON UNLAWFUL 
              PRESENCE, FAILURE TO ATTEND REMOVAL PROCEEDINGS, AND 
              MISREPRESENTATIONS.

    (a) In General.--Section 212(i) of the Immigration and Nationality 
Act (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, son, or daughter of a United States citizen or of an 
alien lawfully admitted to the United States for permanent residence, 
if it is established to the satisfaction of the Secretary that the 
refusal of admission to the United States of such immigrant would 
result in hardship to the immigrant or to such citizen or lawful 
permanent resident parent, spouse, son, or daughter.''.
    (b) Conforming Amendments.--Section 212(a)(6) of such Act (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 subparagraph 
                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. 103. GENERAL WAIVER FOR ALIENS PREVIOUSLY REMOVED AND FOR THE 
              UNLAWFUL PRESENCE BARS.

    (a) In General.--Section 212(d) of the Immigration and Nationality 
Act (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. 104. ADDRESSING THE PROBLEM OF VISA NUMBER BACKLOGS FOR THE FAMILY 
              MEMBERS OF CITIZENS AND LAWFUL PERMANENT RESIDENTS.

    (a) Classes of Nonimmigrant Aliens.--Section 101(a)(15)(K) of the 
Immigration and Nationality Act (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 marriage 
                        with an alien lawfully admitted for permanent 
                        residence, is the parent of a citizen of the 
                        United States, or is the son or daughter of an 
                        alien lawfully admitted for permanent residence 
                        or a citizen of the United States; (II) is the 
                        beneficiary of a petition to accord immigrant 
                        status on the basis of such family relationship 
                        that was filed under section 204 by such family 
                        member; (III) has waited more than 6 months for 
                        the approval of such petition or the 
                        availability to the alien of an immigrant visa; 
                        and (IV) seeks to enter the United States to 
                        await the approval of such petition and the 
                        availability to the alien of an immigrant 
                        visa;''.
    (b) Admission of Nonimmigrants.--Section 214(d) of such Act (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 
information as the Secretary shall, by regulation, prescribe.''.

SEC. 105. WAIVER OF AGGRAVATED FELONY CONSEQUENCES.

    Section 101 of the Immigration and Nationality Act (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 incarceration 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. 106. AGE-OUT PROTECTION FOR CHILDREN.

    (a) In General.--Chapter 1 of title IV of the Immigration and 
Nationality Act (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 application 
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 beneficiary 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 
procedural 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 purposes 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 
respect 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 described in such paragraph is approved.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 407 the following:

``408. Age-out protection for children.''.

SEC. 107. TIMELINESS OF ADOPTION FOR IMMIGRATION PURPOSES.

    (a) In General.--Section 101(b)(1)(E)(i) of the Immigration and 
Nationality Act (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,''.
    (b) Special Rule for Siblings.--Section 101(b)(1)(E)(ii)(III) of 
such Act (8 U.S.C. 1101(b)(1)(E)(ii)(III)) is amended by striking 
``adopted while under the age of 18 years'' and inserting ``under the 
age of 18 when adoption proceedings were initiated''.

SEC. 108. DISCRETIONARY WAIVER TO ADMIT PERSONS IN UNUSUAL 
              CIRCUMSTANCES.

    (a) New General Waiver.--Section 212(d) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)) is amended by adding at the end the 
following:
            ``(13) The Secretary of Homeland Security may, in the 
        discretion of such Secretary for humanitarian purposes, to 
        assure family unity, or when it is otherwise in the public 
        interest, waive the application 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 constitute 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) of such Act (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) of 
        such Act (8 U.S.C. 1182(A)(9)(B)(v)) is amended to read as 
        follows:
                            ``(v) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (d)(13).''.

      TITLE II--EARNED ACCESS TO LEGALIZATION AND REGISTRY UPDATE

SEC. 201. ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO 
              LEGALIZATION.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (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 continuous physical presence since then;
            ``(2) has at all times been a person of good moral 
        character;
            ``(3) has never been convicted of a criminal offense 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 physical or developmental disability or mental 
        impairment;
            ``(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 Innocent 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 paragraph (2).
            ``(2) Exceptions.--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 
        determination of an alien's admissibility under this section.
    ``(d) Security and Law Enforcement Clearances.--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 relating to 
criminal, national security, or other law enforcement actions that 
would render the alien ineligible for adjustment 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 
ineligibility for adjustment of status.
    ``(e) Inapplicability of Numerical Limitations.--When an alien is 
granted lawful permanent resident status under this subsection, the 
number of immigrant 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 Secretary of Homeland 
Security may terminate 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) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 245A the following:

``245B. Adjustment of status on the basis of earned access to 
                            legalization.''.

SEC. 202. AUTHORITY TO ADJUST STATUS OF CERTAIN CHILDREN.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (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 understanding 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 performed at least 
        60 hours of community service.
    ``(b) Treatment of Brief, Casual, and Innocent 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 paragraph (2).
            ``(2) Applicability of certain provisions.--
                    ``(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 admissibility under this section.
                    ``(B) Waiver of other grounds.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Secretary of Homeland Security 
                        may waive any other provision of section 212(a) 
                        in the case of an individual alien for 
                        humanitarian purposes, to assure family unity, 
                        or when it is otherwise in the public interest.
                            ``(ii) Grounds that may not be waived.--The 
                        following provisions of section 212(a) may not 
                        be waived by the Secretary 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 
                                single 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 adjustment of status under this 
section.
    ``(e) Confidentiality of Information.--Except as provided in this 
section, neither the Secretary of Homeland 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 purpose other than 
        to make a determination on the application;
            ``(2) make any publication whereby the information 
        furnished by any particular applicant can be identified; or
            ``(3) permit anyone other than the sworn officers and 
        employees of the Department, the applicant, or a representative 
        of the applicant to examine individual applications.
    ``(f) Dissemination of Information.--The Secretary of Homeland 
Security shall broadly disseminate information respecting the benefits 
which aliens may receive under this section and the requirements to 
obtain such benefits.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act, as amended by section 201, is amended further by 
inserting after the item relating to section 245B the following:

``245C. Adjustment of status for certain children.''.

SEC. 203. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF 
              CERTAIN ALIENS.

    (a) In General.--Section 249 of the Immigration and Nationality Act 
(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--EMPLOYEE PROTECTIONS

SEC. 301. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    Section 274B of the Immigration and Nationality Act (8 U.S.C. 
1324b) is amended--
            (1) in subsection (a)(5)--
                    (A) by amending the paragraph heading to read 
                ``Prohibition of intimidation, retaliation, or unlawful 
                discrimination in employment'';
                    (B) by moving the text down and to the right 2 ems;
                    (C) by inserting before such text the following: 
                ``(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 adverse consequences pertaining to that 
                individual's immigration status or employment benefits 
                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 National 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 immigration 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 employment 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 disclose 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 obtained 
        by the Special Counsel in any manner concerning 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 removal 
        proceeding, upon any information obtained as a result of the 
        filing or prosecution of an unfair immigration-related 
        employment practice charge. For purposes of this paragraph, the 
        term `Special Counsel' 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 information to be used in 
        violation of this paragraph shall be fined not more than 
        $10,000''.

SEC. 302. DEPARTMENT OF LABOR TASK FORCE.

    The Secretary of Labor, in consultation with the Attorney General 
and the Secretary of Homeland Security, shall conduct a national study 
of American workplaces to determine the causes, extent, circumstances, 
and consequences, 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 immigrant workforce, for the purpose of 
identifying, monitoring, and deterring frequent or egregious violators 
of wage and hour, anti-discrimination, National Labor Relations 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. 303. RECRUITMENT OF AMERICAN WORKERS.

    Section 214 of the Immigration and Nationality Act 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 residence 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 
advertised:
            ``(A) Advertise the availability of the job opportunity 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 availability 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 secondary 
        schools, recreation centers, community centers, 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 petitions 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 program 
shall be to increase the number of lawful permanent residents and 
citizens of the United States who are available for employment in the 
occupations that are the subjects of such petitions. At least 50 
percent of the funds generated by this provision must be used to train 
American workers in rural and inner city areas.
    ``(B) The Secretary of Homeland Security shall reserve and make 
available to the Secretary of Labor a portion 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 
Department of Labor. The purpose of this office shall be to establish 
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 IV--DIVERSITY VISAS

SEC. 401. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY IMMIGRANTS.

    Section 201(e) of the Immigration and Nationality Act (8 U.S.C. 
1151(e)) is amended by striking ``55,000'' and inserting ``110,000''.

SEC. 402. PERIOD DESIGNATED FOR APPLICATION.

    Section 203(e)(1) of the Immigration and Nationality Act (8 U.S.C. 
1153(e)(1)) is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears 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 
        accept 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 extended for an additional 10-day 
        period.''

                        TITLE V--HAITIAN PARITY

SEC. 501. ADJUSTMENT OF STATUS FOR HAITIANS.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (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 section 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 immigrant visa and is admissible to the United 
States for permanent residence. Upon approval of such an application 
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 application 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 for the Immigration 
and Nationality Act, as amended by section 202, is further amended by 
inserting after the item relating to section 245C the following:

``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. 502. LIMITATION OF ATTORNEY GENERAL'S BOND DISCRETION.

    Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) 
is amended by adding at the end the following:
    ``(f) Exercise of Authority for Arrest, Detention, and Release.--
The Secretary of Homeland Security 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 
adverse consequences for national security or national immigration 
policy, the finding of such adverse consequences shall be based on 
circumstances pertaining to the individual alien whose release is being 
considered.''.

SEC. 503. ELIMINATION OF MANDATORY DETENTION IN EXPEDITED REMOVAL 
              PROCEEDINGS.

    Section 235(b)(1)(B)(iii)(IV) of the Immigration and Nationality 
Act (8 U.S.C. 1225(b)(1)(B)(iii)(IV)) is amended to read as follows:
                                    ``(IV) Detention.--Aliens subject 
                                to the procedures under this clause 
                                shall be detained in accordance with 
                                section 236.''.

SEC. 504. AMENDMENTS TO HAITIAN AND IMMIGRANT FAIRNESS ACT OF 1998.

    (a) Ground for Inadmissibility for Document Fraud Does not Apply.--
The Haitian Refugee Immigration 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 Children.--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 subsection 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 parent.--
                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. 505. 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 504 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 regulations 
        implementing section 504 are promulgated.
    (b) Motions to Reopen.--The Secretary of Homeland Security shall 
establish procedures for the reopening and reconsideration of 
applications for adjustment of status under the Haitian Refugee 
Immigration Fairness Act of 1998 that are affected by the amendments 
under section 504 of this Act.
    (c) Relationship of Application to Certain Orders.--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, 
deported, 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 adjustment of status under such Act before April 1, 
2000.

SEC. 506. SENSE OF CONGRESS REGARDING 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 VI--LIBERIAN REFUGEE RELIEF

SEC. 601. 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 immigrant 
                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 certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, removed, or ordered to depart voluntarily 
        from the United States under any provision of the Immigration 
        and Nationality Act may, notwithstanding such order, apply for 
        adjustment of status under paragraph (1). Such an alien may not 
        be required, as a condition on submitting or granting such 
        application, 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 Status.--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 protected 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 subject to a final order of 
        deportation or removal or exclusion to seek a stay of such 
        order based on the filing of an application under subsection 
        (a).
            (2) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act, the Secretary 
        of Homeland Security shall not order any alien to be removed 
        from the United States, if the alien is in exclusion, 
        deportation, 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 Secretary 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 signifying 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 unmarried 
                son or daughter, of an alien whose status is adjusted 
                to that of an alien lawfully admitted for permanent 
                residence under subsection (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 applicants 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 determination 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 lawfully admitted for permanent 
residence pursuant to this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under any provision of the Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the 
definitions contained in the Immigration and Nationality Act shall 
apply in the administration of this section. Nothing contained in this 
section shall be held to repeal, amend, alter, modify, effect, or 
restrict 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 immigration, 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 
status under any other provision of law for which the alien may be 
eligible.

         TITLE VII--FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS

SEC. 701. REFUGEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF REFUGEES.

    Section 207(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1157(c)(2)) is amended by adding at the end the following:
                    ``(C) When warranted by unusual circumstances or to 
                preserve family unity, the Attorney General may, in the 
                Attorney General's discretion, consider an unmarried 
                son or daughter of a refugee to be a child of the 
                refugee for purposes of this paragraph.''.

SEC. 702. ASYLEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF ASYLEES.

    Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1158(b)(3)) is amended by adding at the end the following:
                    ``(C) When warranted by unusual circumstances or to 
                preserve family unity, the Attorney General may, in the 
                Attorney General's discretion, consider an unmarried 
                son or daughter of an alien who is granted asylum under 
                this subsection to be a child of the alien for purposes 
                of this paragraph.''.

SEC. 703. ELIMINATION OF ARBITRARY TIME LIMITS ON ASYLUM APPLICATIONS.

    Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(a)(2)) is amended--
            (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. 704. GENDER-BASED PERSECUTION.

    (a) Treatment as Refugee.--Section 101(a)(42) of the Immigration 
and Nationality Act (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 persecution, or to have a well-founded 
                fear of persecution, on account of membership in a 
                particular 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 paragraph, an alien who 
                establishes that the alien's life or freedom would be 
                threatened in a country 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. 705. ELIMINATION OF ARBITRARY CAP ON PERSONS ELIGIBLE TO ADJUST 
              STATUS FROM ASYLEES TO LEGAL PERMANENT RESIDENTS.

    Section 209(b) of the Immigration and Nationality Act (8 U.S.C. 
1159(b)) is amended by striking ``Not more than 10,000 of the'' and all 
that follows through ``to adjust'' and inserting ``Subject to a 
numerical 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 VIII--TEMPORARY PROTECTED STATUS

SEC. 801. ADJUSTMENT OF STATUS FOR CERTAIN RECIPIENTS OF TEMPORARY 
              PROTECTED STATUS.

    (a) In General.--Section 245 of the Immigration and Nationality Act 
(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 temporary 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 offense 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 physical or developmental disability or mental 
        impairment;
            ``(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 admissible to 
the United States as immigrant, except as otherwise 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 determination of an alien's admissibility under 
this section.
    ``(4) When an alien is granted lawful permanent resident status 
under this subsection, the number of immigrant 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 terminate 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 of the Immigration and Nationality Act 
(8 U.S.C. 1254a) is amended by striking subsection (h) and 
redesignating subsection (i) as subsection (h).

SEC. 802. FOREIGN STATE DESIGNATIONS.

    Section 244(b)(1)(C) of the Immigration and Nationality Act (8 
U.S.C. 1254a(b)(1)(C)) is amended to change the following phrase ``the 
Attorney General finds that there exist extraordinary and temporary 
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 temporary conditions in the foreign state make 
returning aliens to the state undesirable for humanitarian reasons,''.

SEC. 803. TECHNICAL CORRECTION.

    Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) 
is amended by striking ``Attorney General'' each place such term 
appears and inserting ``Secretary of Homeland Security''.

                   TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. PHYSICAL PRESENCE REQUIREMENT.

    Section 316(a) of the Immigration and Nationality Act (8 U.S.C. 
1427) is amended by adding at the end the following:
    ``When warranted by extraordinary circumstances, the Secretary of 
Homeland Security may reduce, by not more than 90 days, the physical 
presence requirement described in the preceding sentence.''.

SEC. 902. ABSENCES FROM THE UNITED STATES.

    Section 316(b) of the Immigration and Nationality Act (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 ``continuous period 
        of one year'' and inserting ``continuous period of 18 months''.

SEC. 903. ELIMINATING THE WIDOWED IMMIGRANT'S 2-YEAR MARRIAGE PENALTY.

    Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
U.S.C. 1251(b)(2)(A)(i)) is amended--
            (1) by striking ``for at least 2 years''; and
            (2) by inserting ``, proves by a preponderance of the 
        evidence that the marriage was entered into in good faith and 
        not for the purpose of obtaining an immigration benefit,'' 
        after ``within 2 years after such date''.

SEC. 904. ELIMINATE THE WIDOWED PERMANENT RESIDENT'S NATURALIZATION 
              PENALTY.

    Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 
1429(a)) is amended by inserting ``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,''.

SEC. 905. ELIMINATION OF BAN ON STATE AND LOCAL GOVERNMENTS FROM 
              PREVENTING COMMUNICATIONS WITH THE DEPARTMENT OF HOMELAND 
              SECURITY.

    (a) In General.--Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is repealed.
    (b) Verification of Eligibility for Federal Public Benefits.--
Section 432 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1642) is repealed.

SEC. 906. ELIMINATION OF AUTHORITY TO PERMIT STATE PERSONNEL TO CARRY 
              OUT IMMIGRATION OFFICER FUNCTIONS.

    Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) is repealed.
                                 <all>