118 HR 6477 IH: To amend the Immigration and Nationality Act to reform the process for inspection of applicants for admission.
U.S. House of Representatives
2023-11-21
text/xml
EN
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I
118th CONGRESS
1st Session
H. R. 6477
IN THE HOUSE OF REPRESENTATIVES
November 21, 2023
Mr. Weber of Texas (for himself, Mr. Carter of Texas, Mr. Self, Mr. Higgins of Louisiana, and Ms. Foxx) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to reform the process for inspection of applicants for admission.
I

Inspection of applicants for admission
101.

Inspection of applicants for admission
Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended—
(1)
in subsection (b)—
(A)
in paragraph (1)—
(i)
in subparagraph (A)—
(I)
in clauses (i) and (ii), by striking “section 212(a)(6)(C)” inserting “subparagraph (A) or (C) of section 212(a)(6)”; and
(II)
by adding at the end the following:
“(iv)

Ineligibility for parole
An alien described in clause (i) or (ii) shall not be eligible for parole except as expressly authorized pursuant to section 212(d)(5), or for parole or release pursuant to section 236(a).”; and
(ii)
in subparagraph (B)—
(I)
in clause (ii), by striking “asylum.” and inserting “asylum and shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3).”; and
(II)
in clause (iii)(IV)—
- (aa)
in the header by striking “detention” and inserting “detention, return, or removal”; and
- (bb)
by adding at the end the following: “The alien shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3).”;
(B)
in paragraph (2)—
(i)
in subparagraph (A)—
(I)
by striking “Subject to subparagraphs (B) and (C),” and inserting “Subject to subparagraph (B) and paragraph (3),”; and
(II)
by adding at the end the following: “The alien shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3).”; and
(ii)
by striking subparagraph (C);
(C)
by redesignating paragraph (3) as paragraph (5); and
(D)
by inserting after paragraph (2) the following:
“(3)

Return to foreign territory contiguous to the United States
(A)

In general
The Secretary of Homeland Security may return to a foreign territory contiguous to the United States any alien arriving on land from that territory (whether or not at a designated port of entry) pending a proceeding under section 240 or review of a determination under subsection (b)(1)(B)(iii)(III).
(B)

Mandatory return
If at any time the Secretary of Homeland Security cannot—
(i)
comply with its obligations to detain an alien as required under clauses (ii) and (iii)(IV) of subsection (b)(1)(B) and subsection (b)(2)(A); or
(ii)
remove an alien to a country described in section 208(a)(2)(A),
the Secretary of Homeland Security shall, without exception, including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5), return to a foreign territory contiguous to the United States any alien arriving on land from that territory (whether or not at a designated port of entry) pending a proceeding under section 240 or review of a determination under subsection (b)(1)(B)(iii)(III).
(4)

Enforcement by state attorneys general
The attorney general of a State, or other authorized State officer, alleging a violation of the detention, return, or removal requirements under paragraph (1), (2), or (3) that affects such State or its residents, may bring an action against the Secretary of Homeland Security on behalf of the residents of the State in an appropriate United States district court to obtain appropriate injunctive relief.”; and
(2)
by adding at the end the following:
“(e)

Authority To prohibit introduction of certain aliens
If the Secretary of Homeland Security determines, in his discretion, that the prohibition of the introduction of aliens who are inadmissible under subparagraph (A) or (C) of section 212(a)(6) or under section 212(a)(7) at an international land or maritime border of the United States is necessary to achieve operational control (as defined in section 2 of the Secure Fence Act of 2006 (8 U.S.C. 1701 note)) of such border, the Secretary may prohibit, in whole or in part, the introduction of such aliens at such border for such period of time as the Secretary determines is necessary for such purpose.”.
II

Immigration Parole Reform
201.

Immigration parole reform
Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended to read as follows:
“(5)
(A)
Except as provided in subparagraphs (B) and (C) and section 214(f), the Secretary of Homeland Security, in the discretion of the Secretary, may temporarily parole into the United States any alien applying for admission to the United States who is not present in the United States, under such conditions as the Secretary may prescribe, on a case-by-case basis, and not according to eligibility criteria describing an entire class of potential parole recipients, for urgent humanitarian reasons or significant public benefit. Parole granted under this subparagraph may not be regarded as an admission of the alien. When the purposes of such parole have been served in the opinion of the Secretary, the alien shall immediately return or be returned to the custody from which the alien was paroled. After such return, the case of the alien shall be dealt with in the same manner as the case of any other applicant for admission to the United States.
(B)
The Secretary of Homeland Security may grant parole to any alien who—
(i)
is present in the United States without lawful immigration status;
(ii)
is the beneficiary of an approved petition under section 203(a);
(iii)
is not otherwise inadmissible or removable; and
(iv)
is the spouse or child of a member of the Armed Forces serving on active duty.
(C)
The Secretary of Homeland Security may grant parole to any alien—
(i)
who is a national of the Republic of Cuba and is living in the Republic of Cuba;
(ii)
who is the beneficiary of an approved petition under section 203(a);
(iii)
for whom an immigrant visa is not immediately available;
(iv)
who meets all eligibility requirements for an immigrant visa;
(v)
who is not otherwise inadmissible; and
(vi)
who is receiving a grant of parole in furtherance of the commitment of the United States to the minimum level of annual legal migration of Cuban nationals to the United States specified in the U.S.-Cuba Joint Communiqué on Migration, done at New York September 9, 1994, and reaffirmed in the Cuba-United States: Joint Statement on Normalization of Migration, Building on the Agreement of September 9, 1994, done at New York May 2, 1995.
(D)
The Secretary of Homeland Security may grant parole to an alien who is returned to a contiguous country under section 235(b)(3) to allow the alien to attend the alien’s immigration hearing. The grant of parole shall not exceed the time required for the alien to be escorted to, and attend, the alien’s immigration hearing scheduled on the same calendar day as the grant, and to immediately thereafter be escorted back to the contiguous country. A grant of parole under this subparagraph shall not be considered for purposes of determining whether the alien is inadmissible under this Act.
(E)
For purposes of determining an alien’s eligibility for parole under subparagraph (A), an urgent humanitarian reason shall be limited to circumstances in which the alien establishes that—
(i)
(I)
the alien has a medical emergency; and
(II)
- (aa)
the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or
- (bb)
the medical emergency is life-threatening and there is insufficient time for the alien to be admitted to the United States through the normal visa process;
(ii)
the alien is the parent or legal guardian of an alien described in clause (i) and the alien described in clause (i) is a minor;
(iii)
the alien is needed in the United States in order to donate an organ or other tissue for transplant and there is insufficient time for the alien to be admitted to the United States through the normal visa process;
(iv)
the alien has a close family member in the United States whose death is imminent and the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted to the United States through the normal visa process;
(v)
the alien is seeking to attend the funeral of a close family member and the alien could not arrive in the United States in time to attend such funeral if the alien were to be admitted to the United States through the normal visa process;
(vi)
the alien is an adopted child with an urgent medical condition who is in the legal custody of the petitioner for a final adoption-related visa and whose medical treatment is required before the expected award of a final adoption-related visa; or
(vii)
the alien is a lawful applicant for adjustment of status under section 245 and is returning to the United States after temporary travel abroad.
(F)
For purposes of determining an alien's eligibility for parole under subparagraph (A), a significant public benefit may be determined to result from the parole of an alien only if—
(i)
the alien has assisted (or will assist, whether knowingly or not) the United States Government in a law enforcement matter;
(ii)
the alien’s presence is required by the Government in furtherance of such law enforcement matter; and
(iii)
the alien is inadmissible, does not satisfy the eligibility requirements for admission as a nonimmigrant, or there is insufficient time for the alien to be admitted to the United States through the normal visa process.
(G)
For purposes of determining an alien's eligibility for parole under subparagraph (A), the term case-by-case basis means that the facts in each individual case are considered and parole is not granted based on membership in a defined class of aliens to be granted parole. The fact that aliens are considered for or granted parole one-by-one and not as a group is not sufficient to establish that the parole decision is made on a case-by-case basis.
(H)
The Secretary of Homeland Security may not use the parole authority under this paragraph to parole an alien into the United States for any reason or purpose other than those described in subparagraphs (B), (C), (D), (E), and (F).
(I)
An alien granted parole may not accept employment, except that an alien granted parole pursuant to subparagraph (B) or (C) is authorized to accept employment for the duration of the parole, as evidenced by an employment authorization document issued by the Secretary of Homeland Security.
(J)
Parole granted after a departure from the United States shall not be regarded as an admission of the alien. An alien granted parole, whether as an initial grant of parole or parole upon reentry into the United States, is not eligible to adjust status to lawful permanent residence or for any other immigration benefit if the immigration status the alien had at the time of departure did not authorize the alien to adjust status or to be eligible for such benefit.
(K)
(i)
Except as provided in clauses (ii) and (iii), parole shall be granted to an alien under this paragraph for the shorter of—
(I)
a period of sufficient length to accomplish the activity described in subparagraph (D), (E), or (F) for which the alien was granted parole; or
(II)
1 year.
(ii)
Grants of parole pursuant to subparagraph (A) may be extended once, in the discretion of the Secretary, for an additional period that is the shorter of—
(I)
the period that is necessary to accomplish the activity described in subparagraph (E) or (F) for which the alien was granted parole; or
(II)
1 year.
(iii)
Aliens who have a pending application to adjust status to permanent residence under section 245 may request extensions of parole under this paragraph, in 1-year increments, until the application for adjustment has been adjudicated. Such parole shall terminate immediately upon the denial of such adjustment application.
(L)
Not later than 90 days after the last day of each fiscal year, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives and make available to the public, a report—
(i)
identifying the total number of aliens paroled into the United States under this paragraph during the previous fiscal year; and
(ii)
containing information and data regarding all aliens paroled during such fiscal year, including—
(I)
the duration of parole;
(II)
the type of parole; and
(III)
the current status of the aliens so paroled.”.
202.

Implementation
(a)

In general
Except as provided in subsection (b), this title and the amendments made by this title shall take effect on the date that is 30 days after the date of the enactment of this Act.
(b)

Exceptions
Notwithstanding subsection (a), each of the following exceptions apply:
(1)
Any application for parole or advance parole filed by an alien before the date of the enactment of this Act shall be adjudicated under the law that was in effect on the date on which the application was properly filed and any approved advance parole shall remain valid under the law that was in effect on the date on which the advance parole was approved.
(2)
Section 212(d)(5)(J) of the Immigration and Nationality Act, as added by section 201 of this Act, shall take effect on the date of the enactment of this Act.
(3)
Aliens who were paroled into the United States pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall continue to be subject to the terms of parole that were in effect on the date on which their respective parole was approved.
203.

Cause of action
Any person, State, or local government that experiences financial harm in excess of $1,000 due to a failure of the Federal Government to lawfully apply the provisions of this title or the amendments made by this title shall have standing to bring a civil action against the Federal Government in an appropriate district court of the United States for appropriate relief.
204.

Severability
If any provision of this title or any amendment by this title, or the application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and the application of such provision or amendment to any other person or circumstance shall not be affected.