115 HR 4760 IH: Securing America’s Future Act of 2018 U.S. House of Representatives 2018-01-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 4760IN THE HOUSE OF REPRESENTATIVESJanuary 10, 2018Mr. Goodlatte (for himself, Mr. McCaul, Mr. Labrador, Ms. McSally, Mr. Sensenbrenner, and Mr. Carter of Texas) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Homeland Security, Foreign Affairs, Ways and Means, Armed Services, Oversight and Government Reform, Agriculture, Transportation and Infrastructure, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the immigration laws and the homeland security laws, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Securing America’s Future Act of 2018. (b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Division A—Legal Immigration Reform Title I—Immigrant Visa Allocations and Priorities Sec. 1101. Family-sponsored immigration priorities. Sec. 1102. Elimination of diversity visa program. Sec. 1103. Employment-based immigration priorities. Sec. 1104. Waiver of rights by B visa nonimmigrants. Title II—Agricultural Worker Reform Sec. 2101. Short title. Sec. 2102. H–2C temporary agricultural work visa program. Sec. 2103. Admission of temporary H–2C workers. Sec. 2104. Mediation. Sec. 2105. Migrant and seasonal agricultural worker protection. Sec. 2106. Binding arbitration. Sec. 2107. Eligibility for health care subsidies and refundable tax credits; required health insurance coverage. Sec. 2108. Study of establishment of an agricultural worker employment pool. Sec. 2109. Prevailing wage. Sec. 2110. Effective dates; sunset; regulations. Sec. 2111. Report on compliance and violations. Title III—Visa Security Sec. 3101. Cancellation of additional visas. Sec. 3102. Visa information sharing. Sec. 3103. Restricting waiver of visa interviews. Sec. 3104. Authorizing the Department of State to not interview certain ineligible visa applicants. Sec. 3105. Visa refusal and revocation. Sec. 3106. Petition and application processing for visas and immigration benefits. Sec. 3107. Fraud prevention. Sec. 3108. Visa ineligibility for spouses and children of drug traffickers. Sec. 3109. DNA testing. Sec. 3110. Access to NCIC criminal history database for diplomatic visas. Sec. 3111. Elimination of signed photograph requirement for visa applications. Sec. 3112. Additional fraud detection and prevention. Division B—Interior Immigration Enforcement Title I—Legal Workforce Act Sec. 1101. Short title. Sec. 1102. Employment eligibility verification process. Sec. 1103. Employment eligibility verification system. Sec. 1104. Recruitment, referral, and continuation of employment. Sec. 1105. Good faith defense. Sec. 1106. Preemption and States’ rights. Sec. 1107. Repeal. Sec. 1108. Penalties. Sec. 1109. Fraud and misuse of documents. Sec. 1110. Protection of Social Security Administration programs. Sec. 1111. Fraud prevention. Sec. 1112. Use of employment eligibility verification photo tool. Sec. 1113. Identity authentication employment eligibility verification pilot programs. Sec. 1114. Inspector General audits. Title II—Sanctuary Cities and State and Local Law Enforcement Cooperation Sec. 2201. Short title. Sec. 2202. State noncompliance with enforcement of immigration law. Sec. 2203. Clarifying the authority of ice detainers. Sec. 2204. Sarah and Grant’s law. Sec. 2205. Clarification of congressional intent. Sec. 2206. Penalties for illegal entry or presence. Title III—Criminal aliens Sec. 3301. Precluding admissibility of aliens convicted of aggravated felonies or other serious offenses. Sec. 3302. Increased penalties barring the admission of convicted sex offenders failing to register and requiring deportation of sex offenders failing to register. Sec. 3303. Grounds of inadmissibility and deportability for alien gang members. Sec. 3304. Inadmissibility and deportability of drunk drivers. Sec. 3305. Definition of aggravated felony. Sec. 3306. Precluding withholding of removal for aggravated felons. Sec. 3307. Protecting immigrants from convicted sex offenders. Sec. 3308. Clarification to crimes of violence and crimes involving moral turpitude. Sec. 3309. Detention of dangerous aliens. Sec. 3310. Timely repatriation. Sec. 3311. Illegal reentry. Title IV—Asylum Reform Sec. 4401. Clarification of intent regarding taxpayer-provided counsel. Sec. 4402. Credible fear interviews. Sec. 4403. Recording expedited removal and credible fear interviews. Sec. 4404. Safe third country. Sec. 4405. Renunciation of asylum status pursuant to return to home country. Sec. 4406. Notice concerning frivolous asylum applications. Sec. 4407. Anti-fraud investigative work product. Sec. 4408. Penalties for asylum fraud. Sec. 4409. Statute of limitations for asylum fraud. Sec. 4410. Technical amendments. Title V—Unaccompanied and Accompanied Alien Minors Apprehended Along the Border Sec. 5501. Repatriation of unaccompanied alien children. Sec. 5502. Special immigrant juvenile status for immigrants unable to reunite with either parent. Sec. 5503. Jurisdiction of asylum applications. Sec. 5504. Quarterly report to Congress. Sec. 5505. Biannual report to Congress. Sec. 5506. Clarification of standards for family detention. Division C—Border Enforcement Sec. 1100. Short title. Title I—Border Security Sec. 1101. Definitions. Subtitle A—Infrastructure and Equipment Sec. 1111. Strengthening the requirements for barriers along the southern border. Sec. 1112. Air and Marine Operations flight hours. Sec. 1113. Capability deployment to specific sectors and transit zone. Sec. 1114. U.S. Border Patrol activities. Sec. 1115. Border security technology program management. Sec. 1116. Reimbursement of States for deployment of the National Guard at the southern border. Sec. 1117. National Guard support to secure the southern border. Sec. 1118. Prohibitions on actions that impede border security on certain Federal land. Sec. 1119. Landowner and rancher security enhancement. Sec. 1120. Eradication of carrizo cane and salt cedar. Sec. 1121. Southern border threat analysis. Sec. 1122. Amendments to U.S. Customs and Border Protection. Sec. 1123. Agent and officer technology use. Sec. 1124. Integrated Border Enforcement Teams. Sec. 1125. Tunnel Task Forces. Sec. 1126. Pilot program on use of electromagnetic spectrum in support of border security operations. Sec. 1127. Homeland security foreign assistance. Subtitle B—Personnel Sec. 1131. Additional U.S. Customs and Border Protection agents and officers. Sec. 1132. U.S. Customs and Border Protection retention incentives. Sec. 1133. Anti-Border Corruption Reauthorization Act. Sec. 1134. Training for officers and agents of U.S. Customs and Border Protection. Subtitle C—Grants Sec. 1141. Operation Stonegarden. Subtitle D—Authorization of Appropriations Sec. 1151. Authorization of appropriations. Title II—Emergency Port of Entry Personnel and Infrastructure Funding Sec. 2101. Ports of entry infrastructure. Sec. 2102. Secure communications. Sec. 2103. Border security deployment program. Sec. 2104. Pilot and upgrade of license plate readers at ports of entry. Sec. 2105. Non-intrusive inspection operational demonstration. Sec. 2106. Biometric exit data system. Sec. 2107. Sense of Congress on cooperation between agencies. Sec. 2108. Authorization of appropriations. Sec. 2109. Definition. Title III—Visa Security and Integrity Sec. 3101. Visa security. Sec. 3102. Electronic passport screening and biometric matching. Sec. 3103. Reporting of visa overstays. Sec. 3104. Student and exchange visitor information system verification. Sec. 3105. Social media review of visa applicants. Title IV—Transnational Criminal Organization Illicit Spotter Prevention and Elimination Sec. 4101. Short title. Sec. 4102. Unlawfully hindering immigration, border, and customs controls. Division D—Lawful Status for Certain Childhood Arrivals Sec. 1101. Definitions. Sec. 1102. Contingent nonimmigrant status for certain aliens who entered the United States as minors. Sec. 1103. Administrative and judicial review. Sec. 1104. Penalties and signature requirements. Sec. 1105. Rulemaking. Sec. 1106. Statutory construction.

A

Legal Immigration Reform

B

Interior Immigration Enforcement

C

Border Enforcement

1100.

Short title

This division may be cited as the Border Security for America Act of 2018 .

D

Lawful Status for Certain Childhood Arrivals

1101.

Definitions

In this division: (1)

In general

Except as otherwise specifically provided, the terms used in this division have the meanings given such terms in subsections (a) and (b) of section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2)

Contingent nonimmigrant

The term contingent nonimmigrant means an alien who is granted contingent nonimmigrant status under this division. (3)

Educational institution

The term educational institution means— (A)an institution that is described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) or is a proprietary institution of higher education (as defined in section 102(b) of such Act (20 U.S.C. 1002(b))); (B)an elementary, primary, or secondary school within the United States; or (C)an educational program assisting students either in obtaining a high school equivalency diploma, certificate, or its recognized equivalent under State law, or in passing a General Educational Development exam or other equivalent State-authorized exam or other applicable State requirements for high school equivalency. (4)

Secretary

Except as otherwise specifically provided, the term Secretary means the Secretary of Homeland Security. (5)

Sexual assault or harassment

The term sexual assault or harassment means— (A)conduct engaged in by an alien 18 years of age or older, which consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, and— (i)submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (ii)submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (iii)such conduct has the purpose or effect of creating an intimidating, hostile, or offensive environment; (B)conduct constituting a criminal offense of rape, as described in section 101(a)(43)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(A)); (C)conduct constituting a criminal offense of statutory rape, or any offense of a sexual nature involving a victim under the age of 18 years, as described in section 101(a)(43)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(A)); (D)sexual conduct with a minor who is under 14 years of age, or with a minor under 16 years of age where the alien was at least 4 years older than the minor; (E)conduct punishable under section 2251 or 2251A (relating to the sexual exploitation of children and the selling or buying of children), or section 2252 or 2252A (relating to certain activities relating to material involving the sexual exploitation of minors or relating to material constituting or containing child pornography) of title 18, United States Code; or (F)conduct constituting the elements of any other Federal or State sexual offense requiring a defendant, if convicted, to register on a sexual offender registry (except that this provision shall not apply to convictions solely for urinating or defecating in public). (6)

Victim

The term victim has the meaning given the term in section 503(e) of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. 10607(e)).

1102.

Contingent nonimmigrant status for certain aliens who entered the United States as minors

(a)

In general

Notwithstanding any other provision of law, the Secretary may grant contingent nonimmigrant status to an alien who— (1)meets the eligibility requirements set forth in subsection (b); (2)submits a completed application before the end of the period set forth in subsection (c)(2); and (3)has paid the fees required under subsection (c)(5). (b)

Eligibility requirements

(1)

In general

An alien is eligible for contingent nonimmigrant status if the alien establishes by clear and convincing evidence that the alien meets the requirements set forth in this subsection. (2)

General requirements

The requirements under this paragraph are that the alien— (A)is physically present in the United States on the date on which the alien submits an application for contingent nonimmigrant status; (B)was physically present in the United States on June 15, 2007; (C)was younger than 16 years of age on the date the alien initially entered the United States; (D)is a person of good moral character; (E)was under 31 years of age on June 15, 2012, and at the time of filing an application under subsection (c); (F)has maintained continuous physical presence in the United States from June 15, 2012, until the date on which the alien is granted contingent nonimmigrant status under this section; (G)had no lawful immigration status on June 15, 2012; (H)has requested the release to the Department of Homeland Security of all records regarding their being adjudicated delinquent in State or local juvenile court proceedings, and the Department has obtained all such records; and (I)possesses a valid Employment Authorization Document which authorizes the alien to work as of the date of the enactment of this Act, which was issued pursuant to the June 15, 2012, U.S. Department of Homeland Security Memorandum entitled, Exercising Prosecutorial Discretion With Respect to Individuals Who Came to the United States as Children. (3)

Education requirement

(A)

In general

An alien may not be granted contingent nonimmigrant status under this section unless the alien establishes by clear and convincing evidence that the alien— (i)is enrolled in, and is in regular full-time attendance at, an educational institution within the United States; or (ii)has acquired a diploma from a high school in the United States, has earned a General Educational Development certificate recognized under State law, or has earned a recognized high school equivalency certificate under applicable State law. (B)

Evidence

An alien shall demonstrate compliance with clause (i) or (ii) of subparagraph (A) by providing a valid certified transcript or diploma from the educational institution the alien is enrolled in or from which the alien has acquired a diploma or certificate. (4)

Grounds for ineligibility

An alien is ineligible for contingent nonimmigrant status if the Secretary determines that the alien— (A)has a conviction for— (i)an offense classified as a felony in the convicting jurisdiction; (ii)an aggravated felony; (iii)an offense classified as a misdemeanor in the convicting jurisdiction which involved— (I)domestic violence (as defined in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a))); (II)child abuse or neglect (as defined in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a))); (III)assault resulting in bodily injury (as such term is defined in section 2266 of title 18, United States Code); (IV)the violation of a protection order (as such term is defined in section 2266 of title 18, United States Code); or (V)driving while intoxicated or driving under the influence (as such terms are defined in section 164(a)(2) of title 23, United States Code); (iv)two or more misdemeanor convictions (excluding minor traffic offenses that did not involve driving while intoxicated or driving under the influence, or that did not subject any individual other than the alien to bodily injury); or (v)any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) or deportable under section 237(a) of such Act (8 U.S.C. 1227(a)); (B)has been adjudicated delinquent in a State or local juvenile court proceeding for an offense equivalent to— (i)an offense relating to murder, manslaughter, homicide, rape (whether the victim was conscious or unconscious), statutory rape, or any offense of a sexual nature involving a victim under the age of 18 years, as described in section 101(a)(43)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(A)); (ii)a crime of violence, as such term is defined in section 16 of title 18, United States Code; or (iii)an offense punishable under section 401 of the Controlled Substances Act (21 U.S.C. 841); (C)has a conviction for any other criminal offense, which regard to which the alien has not satisfied any civil legal judgements awarded to any victims (or family members of victims) of the crime; (D)is described in section 212(a)(2)(J) of the Immigration and Nationality Act (8 U.S.C. 1882(a)(2)(J)) (relating to aliens associated with criminal gangs); (E)has been charged with a felony or misdemeanor offense (excluding minor traffic offenses that did not involve driving while intoxicated or driving under the influence, or that did not subject any individual other than the alien to bodily injury), and the charge or charges are still pending; (F)is inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), except that in determining an alien’s inadmissibility— (i)paragraphs (5), (7), and (9)(B) of such section shall not apply; and (ii)subparagraphs (A), (D), and (G) of paragraph (6), and paragraphs (9)(C)(i)(I) and (10)(B), of such section shall not apply, except in the case of the alien unlawfully entering the United States after June 15, 2007; (G)is deportable under section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)), except that in determining an alien’s deportability— (i)subparagraph (A) of section 237(a)(1) of such Act shall not apply with respect to grounds of inadmissibility that do not apply pursuant to subparagraph (C) of such section; and (ii)subparagraphs (B) through (D) of section 237(a)(1) and section 237(a)(3)(A) of such Act shall not apply; (H)was, on the date of the enactment of this Act— (i)an alien lawfully admitted for permanent residence; (ii)an alien admitted as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or granted asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1157 and 1158); or (iii)an alien who, according to the records of the Secretary or the Secretary of State, is lawfully present in the United States in any nonimmigrant status (other than an alien considered to be a nonimmigrant solely due to the application of section 244(f)(4) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(4)) or the amendment made by section 702 of the Consolidated Natural Resources Act of 2008 (Public Law 110–229)), notwithstanding any unauthorized employment or other violation of nonimmigrant status; (I)has failed to comply with the requirements of any removal order or voluntary departure agreement; (J)has been ordered removed in absentia pursuant to section 240(b)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(5)(A)); (K)has failed or refused to attend or remain in attendance at a proceeding to determine the alien’s inadmissibility or deportability; (L)if over the age of 18, has failed to demonstrate that he or she is able to maintain himself or herself at an annual income that is not less than 125 percent of the Federal poverty level throughout the period of admission as a contingent nonimmigrant, unless the alien has demonstrated that the alien is enrolled in, and is in regular full-time attendance at, an educational institution within the United States; (M)is delinquent with respect to any Federal, State, or local income or property tax liability; (N)has failed to pay to the Treasury, in addition to any amounts owed, an amount equal to the aggregate value of any disbursements received by such alien for refunds described in section 1324(b)(2); (O)has income that would result in tax liability under section 1 of the Internal Revenue Code of 1986 and that was not reported to the Internal Revenue Service; or (P)has at any time engaged in sexual assault or harassment. (c)

Application procedures

(1)

In general

An alien may apply for contingent nonimmigrant status by submitting a completed application form via electronic filing to the Secretary during the application period set forth in paragraph (2), in accordance with the interim final rule made by the Secretary under section 1105. (2)

Application period

The Secretary may only accept applications for contingent nonimmigrant status from aliens in the United States during the 1-year period beginning on the date on which the interim final rule is published in the Federal Register pursuant to section 1105. (3)

Application form

(A)

Required information

The application form referred to in paragraph (1) shall collect such information as the Secretary determines to be necessary and appropriate in order to determine whether an alien meets the eligibility requirements set forth in subsection (b). (B)

Interview

The Secretary shall conduct an in-person interview of each applicant for contingent nonimmigrant status under this section as part of the determination as to whether the alien meets the eligibility requirements set forth in subsection (b). (4)

Documentary requirements

An application filed by an alien under this section shall include the following: (A)One or more of the following documents demonstrating the alien’s identity: (i)A passport (or national identity document) from the alien’s country of origin. (ii)A certified birth certificate along with photo identification. (iii)A State-issued identification card bearing the alien’s name and photograph. (iv)An Armed Forces identification card issued by the Department of Defense. (v)A Coast Guard identification card issued by the Department of Homeland Security. (B)A certified copy of the alien’s birth certificate or certified school transcript demonstrating that the alien satisfies the requirement of subsection (b)(2)(A)(iii) and (v). (C)A certified school transcript demonstrating that the alien satisfies the requirements of subsection (b)(2)(A)(ii) and (vi). (D)Immigration records from the Department of Homeland Security (demonstrating that the alien satisfies the requirements under subsection (b)(2)(A)(i), (ii), and (vi)). (5)

Fees

(A)

Standard processing fee

(i)

In general

Aliens applying for contingent nonimmigrant status under this section shall pay a processing fee to the Department of Homeland Security in an amount determined by the Secretary. (ii)

Recovery of costs

The processing fee authorized under clause (i) shall be set at a level that is, at a minimum, sufficient to recover the full costs of processing the application, including any costs incurred— (I)to adjudicate the application; (II)to take and process biometrics; (III)to perform national security and criminal checks; (IV)to prevent and investigate fraud; and (V)to administer the collection of such fee. (iii)

Deposit and use of processing fees

Fees collected under clause (i) shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)). (B)

Border security fee

(i)

In general

Aliens applying for contingent nonimmigrant status under this section shall pay a border security fee to the Department of Homeland Security in an amount of $1,000. (ii)

Use of border security fees

Fees collected under clause (i) shall be available, to the extent provided in advance in appropriation Acts, to the Secretary of Homeland Security for the purposes of carrying out division C, and the amendments made by that division. (6)

Aliens apprehended before or during the application period

If an alien who is apprehended during the period beginning on the date of the enactment of this Act and ending on the last day of the application period described in paragraph (2) appears prima facie eligible for contingent nonimmigrant status, to the satisfaction of the Secretary, the Secretary— (A)shall provide the alien with a reasonable opportunity to file an application under this section during such application period; and (B)may not remove the individual until the Secretary has denied the application, unless the Secretary, in the Secretary’s sole and unreviewable discretion, determines that expeditious removal of the alien is in the national security, public safety, or foreign policy interests of the United States, or the Secretary will be required for constitutional reasons or court order to release the alien from detention. (7)

Suspension of removal during application period

(A)

Aliens in removal proceedings

Notwithstanding any other provision of this division, if the Secretary determines that an alien, during the period beginning on the date of the enactment of this Act and ending on the last day of the application period described in subsection (c)(2), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for contingent nonimmigrant status under this section— (i)the Secretary shall provide the alien with the opportunity to file an application for such status; and (ii)upon motion by the alien and with the consent of the Secretary, the Executive Office for Immigration Review shall— (I)provide the alien a reasonable opportunity to apply for such status; and (II)if the alien applies within the time frame provided, suspend such proceedings until the Secretary has made a determination on the application. (B)

Aliens ordered removed

If an alien who meets the eligibility requirements set forth in subsection (b) is present in the United States and has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States pursuant to section 212(a)(6)(A)(i) or 237(a)(1)(B) or (C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)(i), 1227(a)(1)(B) or (C)), the Secretary shall provide the alien with the opportunity to file an application for contingent nonimmigrant status provided that the alien has not failed to comply with any order issued pursuant to section 239 or 240B of the Immigration and Nationality Act (8 U.S.C. 1229, 1229c). (C)

Period pending adjudication of application

During the period beginning on the date on which an alien applies for contingent nonimmigrant status under subsection (c) and ending on the date on which the Secretary makes a determination regarding such application, an otherwise removable alien may not be removed from the United States unless— (i)the Secretary makes a prima facie determination that such alien is, or has become, ineligible for contingent nonimmigrant status under subsection (b); or (ii)the Secretary, in the Secretary’s sole and unreviewable discretion, determines that removal of the alien is in the national security, public safety, or foreign policy interest of the United States. (8)

Security and law enforcement clearances

(A)

Biometric and biographic data

The Secretary may not grant contingent nonimmigrant status to an alien under this section unless such alien submits biometric and biographic data in accordance with procedures established by the Secretary. (B)

Alternative procedures

The Secretary may provide an alternative procedure for applicants who cannot provide the biometric data required under subparagraph (A) due to a physical impairment. (C)

Clearances

(i)

Data collection

The Secretary shall collect, from each alien applying for status under this section, biometric, biographic, and other data that the Secretary determines to be appropriate— (I)to conduct national security and law enforcement checks; and (II)to determine whether there are any factors that would render an alien ineligible for such status. (ii)

Additional security screening

The Secretary, in consultation with the Secretary of State and the heads of other agencies as appropriate, shall conduct an additional security screening upon determining, in the Secretary’s opinion based upon information related to national security, that an alien is or was a citizen or resident of a region or country known to pose a threat, or that contains groups or organizations that pose a threat, to the national security of the United States. (iii)

Prerequisite

The required clearances and screenings described in clauses (i)(I) and (ii) shall be completed before the alien may be granted contingent nonimmigrant status. (9)

Duration of status and extension

The initial period of contingent nonimmigrant status— (A)shall be 3 years unless revoked pursuant to subsection (e); and (B)may be extended for additional 3-year terms if— (i)the alien remains eligible for contingent nonimmigrant status under subsection (b); (ii)the alien again passes background checks equivalent to the background checks described in subsection (c)(9); and (iii)such status was not revoked by the Secretary for any reason. (d)

Terms and conditions of contingent nonimmigrant status

(1)

Work authorization

The Secretary shall grant employment authorization to an alien granted contingent nonimmigrant status who requests such authorization. (2)

Travel outside the United States

(A)

In general

The status of a contingent nonimmigrant who is absent from the United States without authorization shall be subject to revocation under subsection (e). (B)

Authorization

The Secretary may authorize a contingent nonimmigrant to travel outside the United States and may grant the contingent nonimmigrant reentry provided that the contingent nonimmigrant— (i)was not absent from the United States for a period of more than 15 consecutive days, or 90 days in the aggregate during each 3-year period that the alien is in contingent nonimmigrant status, unless the contingent nonimmigrant’s failure to return was due to extenuating circumstances beyond the individual’s control; and (ii)is otherwise admissible to the United States, except as provided in subsection (b)(4)(F). (C)

Clarification on admission

The admission to the United States of a contingent nonimmigrant after such trips as described in subparagraph (B) shall not be considered an admission for the purposes of section 245(a) of the Immigration and Nationality Act (8 U.S.C. 1255(a)). (3)

Ineligibility for health care subsidies and refundable tax credits

(A)

Health care subsidies

A contingent nonimmigrant— (i)is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 and shall be subject to the rules applicable to individuals who are not lawfully present set forth in subsection (e) of such section; and (ii)shall be subject to the rules applicable to individuals who are not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071(e)). (B)

Refundable tax credits

A contingent nonimmigrant shall not be allowed any credit under sections 24 and 32 of the Internal Revenue Code of 1986. (4)

Federal, State, and local public benefits

For purposes of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.), a contingent nonimmigrant shall not be considered a qualified alien under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (5)

Clarification

An alien granted contingent nonimmigrant status under this division shall not be considered to have been admitted to the United States for the purposes of section 245(a) of the Immigration and Nationality Act (8 U.S.C. 1255(a)). (e)

Revocation

(1)

In general

The Secretary shall revoke the status of a contingent nonimmigrant at any time if the alien— (A)no longer meets the eligibility requirements set forth in subsection (b); (B)knowingly uses documentation issued under this section for an unlawful or fraudulent purpose; or (C)was absent from the United States at any time without authorization after being granted contingent nonimmigrant status. (2)

Additional evidence

In determining whether to revoke an alien’s status under paragraph (1), the Secretary may require the alien— (A)to submit additional evidence; or (B)to appear for an in-person interview. (3)

Invalidation of documentation

If an alien’s contingent nonimmigrant status is revoked under paragraph (1), any documentation issued by the Secretary to such alien under this section shall automatically be rendered invalid for any purpose except for departure from the United States.

1103.

Administrative and judicial review

(a)

Exclusive administrative review

Administrative review of a determination of an application for status, extension of status, or revocation of status under this division shall be conducted solely in accordance with this section. (b)

Administrative appellate review

(1)

Establishment of administrative appellate authority

The Secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of a determination with respect to applications for status, extension of status, or revocation of status under this division. (2)

Single appeal for each administrative decision

(A)

In general

An alien in the United States whose application for status under this division has been denied or revoked may file with the Secretary not more than 1 appeal, pursuant to this subsection, of each decision to deny or revoke such status. (B)

Notice of appeal

A notice of appeal filed under this subparagraph shall be filed not later than 30 calendar days after the date of service of the decision of denial or revocation. (3)

Record for review

Administrative appellate review under this subsection shall be de novo and based only on— (A)the administrative record established at the time of the determination on the application; and (B)any additional newly discovered or previously unavailable evidence. (c)

Judicial review

(1)

Applicable provisions

Judicial review of an administratively final denial or revocation of, or failure to extend, an application for status under this division shall be governed only by chapter 158 of title 28, except as provided in paragraphs (2) and (3) of this subsection, and except that a court may not order the taking of additional evidence under section 2347(c) of such chapter. (2)

Single appeal for each administrative decision

An alien in the United States whose application for status under this division has been denied, revoked, or failed to be extended, may file not more than 1 appeal, pursuant to this subsection, of each decision to deny or revoke such status. (3)

Limitation on civil actions

(A)

Class actions

No court may certify a class under Rule 23 of the Federal Rules of Civil Procedure in any civil action filed after the date of the enactment of this Act pertaining to the administration or enforcement of the application for status under this division. (B)

Requirements for an order granting prospective relief against the government

If a court determines that prospective relief should be ordered against the Government in any civil action pertaining to the administration or enforcement of the application for status under this division, the court shall— (i)limit the relief to the minimum necessary to correct the violation of law; (ii)adopt the least intrusive means to correct the violation of law; (iii)minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety; (iv)provide for the expiration of the relief on a specific date, which allows for the minimum practical time needed to remedy the violation; and (v)limit the relief to the case at issue and shall not extend any prospective relief to include any other application for status under this division pending before the Secretary or in a Federal court (whether in the same or another jurisdiction).

1104.

Penalties and signature requirements

(a)

Penalties for false statements in applications

Whoever files an initial or renewal application for contingent nonimmigrant status under this division and knowingly and willfully falsifies, misrepresents, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined in accordance with title 18, United States Code, or imprisoned not more than 5 years, or both. (b)

Signature requirements

An applicant under this division shall sign their application, and the signature shall be an original signature. A parent or legal guardian may sign for a child or for an applicant whose physical or developmental disability or mental impairment prevents the applicant from being competent to sign. In such a case, the filing shall include evidence of parentage or legal guardianship.

1105.

Rulemaking

Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue interim final regulations to implement this division, which shall take effect immediately upon publication in the Federal Register.

1106.

Statutory construction

Except as specifically provided, nothing in this division may be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.