[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 559 Engrossed in House (EH)]
<DOC>
116th CONGRESS
1st Session
H. R. 559
_______________________________________________________________________
AN ACT
To amend section 6 of the Joint Resolution entitled ``A Joint
Resolution to approve the Covenant To Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America, 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 ``Northern Mariana Islands Long-Term
Legal Residents Relief Act''.
SEC. 2. LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF THE NORTHERN
MARIANA ISLANDS.
Section 6(e) of the Joint Resolution entitled ``A Joint Resolution
to approve the Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of America,
and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806), is
amended by adding at the end the following:
``(6) Special provision regarding long-term residents of
the commonwealth.--
``(A) CNMI resident status.--An alien described in
subparagraph (B) may, upon the application of the
alien, be admitted in CNMI Resident status to the
Commonwealth subject to the following rules:
``(i) The alien shall be treated as an
alien lawfully admitted to the Commonwealth
only, including permitting entry to and exit
from the Commonwealth, until the earlier of the
date on which--
``(I) the alien ceases to reside in
the Commonwealth; or
``(II) the alien's status is
adjusted under section 245 of the
Immigration and Nationality Act (8
U.S.C. 1255) to that of an alien
lawfully admitted for permanent
residence in accordance with all
applicable eligibility requirements.
``(ii) The Secretary of Homeland Security--
``(I) shall establish a process for
such alien to apply for CNMI Resident
status during the 180-day period
beginning on a date determined by the
Secretary but not later than the first
day of the sixth month after the date
of the enactment of this paragraph; and
``(II) may, in the Secretary's
discretion, authorize deferred action
or parole, as appropriate, with work
authorization, for such alien beginning
on the date of the enactment of this
paragraph and continuing through the
end of such 180-day period or the date
of adjudication of the alien's
application for CNMI Resident status,
whichever is later.
``(iii) Nothing in this subparagraph may be
construed to provide any alien granted status
under this subparagraph with public assistance
to which the alien is not otherwise entitled.
``(iv) An alien granted status under this
paragraph--
``(I) is subject to all grounds of
deportability under section 237 of the
Immigration and Nationality Act (8
U.S.C. 1227);
``(II) is subject to all grounds of
inadmissibility under section 212 of
the Immigration and Nationality Act (8
U.S.C. 1182) if seeking admission to
the United States at a port of entry in
the Commonwealth;
``(III) is inadmissible to the
United States at any port of entry
outside the Commonwealth, except that
the Secretary of Homeland Security may
in the Secretary's discretion authorize
admission of such alien at a port of
entry in Guam for the purpose of direct
transit to the Commonwealth, which
admission shall be considered an
admission to the Commonwealth;
``(IV) automatically shall lose
such status if the alien travels from
the Commonwealth to any other place in
the United States, except that the
Secretary of Homeland Security may in
the Secretary's discretion establish
procedures for the advance approval on
a case-by-case basis of such travel for
a temporary and legitimate purpose, and
the Secretary may in the Secretary's
discretion authorize the direct transit
of aliens with CNMI Resident status
through Guam to a foreign place;
``(V) shall be authorized to work
in the Commonwealth incident to status;
and
``(VI) shall be issued appropriate
travel documentation and evidence of
work authorization by the Secretary.
``(B) Aliens described.--An alien is described in
this subparagraph if the alien--
``(i) was lawfully present on the date of
the enactment of this paragraph or on December
31, 2018, in the Commonwealth under the
immigration laws of the United States,
including pursuant to a grant of parole under
section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)) or
deferred action;
``(ii) is admissible as an immigrant to the
United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), except
that no immigrant visa is required;
``(iii) resided continuously and lawfully
in the Commonwealth from November 28, 2009,
through the date of the enactment of this
paragraph;
``(iv) is not a citizen of the Republic of
the Marshall Islands, the Federated States of
Micronesia, or the Republic of Palau; and
``(v) in addition--
``(I) was born in the Northern
Mariana Islands between January 1,
1974, and January 9, 1978;
``(II) was, on November 27, 2009, a
permanent resident of the Commonwealth
(as defined in section 4303 of title 3
of the Northern Mariana Islands
Commonwealth Code, in effect on May 8,
2008);
``(III) is the spouse or child (as
defined in section 101(b)(1) of the
Immigration and Nationality Act (8
U.S.C. 1101(b)(1))) of an alien
described in subclause (I) or (II);
``(IV) was, on November 27, 2011, a
spouse, child, or parent of a United
States citizen, notwithstanding the age
of the United States citizen, and
continues to have such family
relationship with the citizen on the
date of the application described in
subparagraph (A); or
``(V) had a grant of parole under
section 212(d)(5) of the Immigration
and Nationality Act (8 U.S.C.
1182(d)(5)) on December 31, 2018, under
the former parole program for certain
in-home caregivers administered by
United States Citizenship and
Immigration Services.
``(C) Authority of attorney general.--Beginning on
the first day of the 180-day period established by the
Secretary of Homeland Security under subparagraph
(A)(ii)(I), the Attorney General may accept and
adjudicate an application for CNMI Resident status
under this paragraph by an alien who is in removal
proceedings before the Attorney General if the alien--
``(i) makes an initial application to the
Attorney General within such 180-day period; or
``(ii) applied to the Secretary of Homeland
Security during such 180-period and before
being placed in removal proceedings, and the
Secretary denied the application.
``(D) Judicial review.--Notwithstanding any other
law, no court shall have jurisdiction to review any
decision of the Secretary of Homeland Security or the
Attorney General on an application under this paragraph
or any other action or determination of the Secretary
of Homeland Security or the Attorney General to
implement, administer, or enforce this paragraph.
``(E) Procedure.--The requirements of chapter 5 of
title 5, United States Code (commonly referred to as
the Administrative Procedure Act), or any other law
relating to rulemaking, information collection or
publication in the Federal Register shall not apply to
any action to implement, administer or enforce this
paragraph.''.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives June 3, 2019.
Attest:
Clerk.
116th CONGRESS
1st Session
H. R. 559
_______________________________________________________________________
AN ACT
To amend section 6 of the Joint Resolution entitled ``A Joint
Resolution to approve the Covenant To Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America, and for other purposes''.