[Congressional Record Volume 153, Number 103 (Monday, June 25, 2007)]
[Senate]
[Pages S8365-S8369]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1871. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 572, line 2, strike ``may'' and insert ``shall''.
       On page 572, lines 20 and 21, strike ``by the end of the 
     next business day''.
       On page 573, line 19, strike ``or the end of the next 
     business day, whichever is sooner''.
       On page 584, line 22, strike ``may'' and insert ``shall''.
                                 ______
                                 
  SA 1872. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 570, line 21, strike ``If, during the one-year'' 
     and all that follows through page 571, line 2.
                                 ______
                                 
  SA 1873. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 574, strike line 22 and all that follows through 
     page 575, line 6.
                                 ______
                                 
  SA 1874. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 608, strike line 3 and all that follows through 
     ``(b)'' on line 7.
                                 ______
                                 
  SA 1875. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. ALLOCATION OF FIELD AGENTS.

       (a) In General.--Section 103(f) (8 U.S.C. 1103(f)) is 
     amended to read as follows:
       ``(f) Minimum Number of Agents Allocated to States.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     allocate to each State--
       ``(A) not fewer than 40 full-time active duty agents of 
     United States Immigration and Customs Enforcement to--
       ``(i) investigate immigration violations; and
       ``(ii) ensure the departure of all removable aliens; and
       ``(B) not fewer than 15 full-time active duty agents of 
     United States Citizenship and Immigration Services to carry 
     out immigration and naturalization adjudication functions.
       ``(2) Waiver.--The Secretary may waive the requirement 
     under paragraph (1) for any State with a population of fewer 
     than 2,000,000 residents, according to the most recent 
     information published by the Bureau of the Census.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is 90 days after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 1876. Mr. INHOFE (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 1639, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 582, strike line 11 and all that follows through 
     page 584, line 4, and insert the following:

       (I) Requirement at first renewal.--At or before the time of 
     application for the first extension of Z nonimmigrant status, 
     an alien who is 18 years of age or older shall meet the 
     requirements under section 312(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1423(a)).
       (II) Exception.--The requirement under subclause (I) shall 
     not apply to any person who, on the date of the filing of the 
     person's application for an extension of Z nonimmigrant 
     status--

       (aa) is unable to comply because of physical or 
     developmental disability or mental impairment to comply with 
     such requirement; or
       (bb) is older than 65 years of age and has been living in 
     the United States for periods totaling not less than 20 
     years.
                                 ______
                                 
  SA 1877. Mr. INHOFE (for himself and Mr. Grassley) submitted an

[[Page S8366]]

amendment intended to be proposed by him to the bill S. 1639, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 580 between lines 7 and 8, insert the following:
       (6) English and civics.--An alien who is 18 years of age or 
     older shall meet the requirements under section 312(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1423(a)).
                                 ______
                                 
  SA 1878. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 619, strike line 3 and all that follows through 
     ``(b)'' on line 7.
                                 ______
                                 
  SA 1879. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 580, between lines 7 and 8, insert the following:
       (6) Medical examination.--An applicant for Z nonimmigrant 
     status shall, at the alien's expense, obtain proper 
     immunizations and undergo an appropriate medical examination 
     that conforms to generally accepted professional standards of 
     medical practice.
                                 ______
                                 
  SA 1880. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 5, between 11 and 12, insert the following:
       (7) Staff enhancements for interior enforcement.--The 
     Assistant Secretary for Immigration and Customs Enforcement 
     has hired not less than 2,000 additional special agents to 
     conduct investigations, including worksite enforcement.
                                 ______
                                 
  SA 1881. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 5, between lines 11 and 12, insert the following:
       (7) USCIS adjudicators.--The Director of United States 
     Citizenship and Immigration Service has hired 300 additional 
     adjudicators.
                                 ______
                                 
  SA 1882. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 685, strike lines 15 through 17 and insert the 
     following:
       ``(C) Of the amounts collected under this paragraph--
       ``(i) 14.38 percent shall be deposited in the Treasury in 
     accordance with section 286(aa); and
       ``(ii) 85.72 percent shall be deposited in the Treasury in 
     accordance with section 286(bb).''.
       (b) Use of Additional Fee.--Section 286 of the Immigration 
     and Nationality Act, as amended by sections 2, 402(b), 623, 
     and 714 of this Act, is further amended--
       (1) by inserting after subsection (z), as added by section 
     2, the following:
       ``(aa) Gifted and Talented Students Education Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `Gifted and Talented Students Education Account'. 
     Notwithstanding any other provision of law, there shall be 
     deposited as offsetting receipts into the account 14.38 
     percent of the fees collected under section 214(c)(15).
       ``(2) Use of fees.--Amounts deposited into the account 
     established under paragraph (1) shall remain available to the 
     Secretary of Education until expended for programs and 
     projects authorized under the Jacob K. Javits Gifted and 
     Talented Students Education Act of 2001 (20 U.S.C. 7253 et 
     seq.).''; and
       (2) by redesignating subsection (x), as added by section 
     714, as subsection (bb), and moving such subsection to the 
     end of section 286.
                                 ______
                                 
  SA 1883. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 478, strike line 23 and all that follows through 
     page 479, line 23, and insert the following:
       (a) H-1B Amendments.--Section 214(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)) is amended--
       (1) in paragraph (1), by amending subparagraph (A) to read 
     as follows:
       ``(A) under section 101(a)(15)(H)(i)(b) may not exceed 
     200,000 for each fiscal year; or'';
       (2) by striking paragraphs (6), (7), and (8), as 
     redesignated by section 409(2); and
       (3) in paragraph (9), as redesignated by section 409(2)--
       (A) in subparagraph (B)--
       (i) in clause (ii), by striking ``The annual numeric 
     limitations described in clause (i) shall not exceed`` and 
     inserting the following: ``Without respect to the annual 
     numeric limitation described in clause (i), the Secretary may 
     issue a visa or otherwise grant nonimmigrant status pursuant 
     to section 101(a)(15)(H)(i)(b) in the following 
     quantities:''; and
       (ii) by striking clause (iv); and
       (B) by striking subparagraph (D).
                                 ______
                                 
  SA 1884. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 568, strike line 5 and all that follows through 
     line 24, and insert the following:
       (B) Penalty.--An alien making an initial application for Z 
     nonimmigrant status shall pay a penalty of $5,000, in 
     addition to the processing fee required under subparagraph 
     (A).
                                 ______
                                 
  SA 1885. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 366, line 38, strike ``not''.
                                 ______
                                 
  SA 1886. Mrs. DOLE submitted an amendment intended to be proposed by 
her to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 595, between lines 12 and 13, insert the following:
       (s) Definition of Aggravated Felony and Additional Grounds 
     for Ineligibility for Z Nonimmigrant Status.--
       (1) Aggravated felony.--Section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
     amended--
       (A) by striking ``and'' at the end of subparagraph (T);
       (B) by striking the period at the end of subparagraph (U) 
     and inserting ``; and'' and
       (C) by adding at the end the following:
       ``(V) a second conviction for driving while under the 
     influence of alcohol or drugs, regardless of the State in 
     which the conviction occurred or whether the offense is 
     classified as a misdemeanor or a felony under the law of that 
     State.''.
       (2) Grounds for ineligibility.--In addition to the grounds 
     of ineligibility described in subsection (d)(1)(F), an alien 
     shall be ineligible for Z nonimmigrant status if the alien 
     has been convicted of driving while under the influence of 
     alcohol or drugs, regardless of the State in which the 
     conviction occurred or whether the offense is classified as a 
     misdemeanor or a felony under the law of that State.
                                 ______
                                 
  SA 1887. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 333, line 5, strike ``noncitizens'' and insert 
     ``all citizens''.
       On page 336, line 3, strike ``noncitizens'' and insert 
     ``all citizens''.
                                 ______
                                 
  SA 1888. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 530, between lines 2 and 3, insert the following:
       (d) Visas for High Achieving Foreign Students.--
       (1) In general.--Notwithstanding any other provision of 
     this Act, any amendment made by this Act, or any other 
     provision of law, for each fiscal year beginning after the 
     date of the enactment of this Act, 10,000 of the immigrant 
     visas allocated by section 203(a)(1) of the Immigration and 
     Nationality Act for parents of a citizen of the United States 
     shall be made available to aliens seeking immigrant visas 
     under section 203(b) of the Immigration and Nationality Act 
     who--
       (A) achieve a score in the top 10th percentile on the 
     Scholastic Aptitude Test or the American College Testing 
     placement exam administered in that fiscal year; and
       (B) take the exams described in subparagraph (A) in the 
     English language.
       (2) Limitation.--If more than 10,000 aliens described in 
     paragraph (1) apply for immigrant visas in a fiscal year, the 
     10,000 such aliens with the highest scores on the exams 
     described in paragraph (1)(A) shall receive immigrant visas.
                                 ______
                                 
  SA 1889. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 526, strike line 3 and all that follows 
     through page 529, line 12, and insert the following:

[[Page S8367]]

       ``(A) The merit-based evaluation system shall initially 
     consist of the following criteria and weights:

------------------------------------------------------------------------
                                                                Maximum
             ``Category                     Description          points
------------------------------------------------------------------------
``Employment                          .......................         47
Occupation                            U.S. employment in
                                       specialty occupation.
                                      (as defined by the
                                       Department of Labor)-
                                       20 pts.
                                      U.S. employment in high
                                       demand occupation (the
                                       30 occupations that
                                       have grown the most in
                                       the preceding 10-year
                                       period, as determined
                                       by the Bureau of Labor
                                       Statistics)-16 pts.
National interest/critical            U.S. employment in STEM
 infrastructure                        or health occupation,
                                       current for at least 1
                                       year-8 pts
                                       (extraordinary or
                                       ordinary).
Employer endorsement                  A U.S. employer willing
                                       to pay 50% of a legal
                                       permanent resident's
                                       application fee either
                                       1) offers a job, or 2)
                                       attests for a current
                                       employee-6 pts.
Experience                            Years of work for U.S.
                                       firm-2 pts/year.
                                       (max 10 points).......
Age of worker                         Worker's age: 25-39-3
                                       pts.
------------------------------------------------------------------------
``Education                           M.D., M.B.A., Graduate          28
(terminal degree)                      degree, etc.-20 pts.
                                      Bachelor's Degree-16
                                       pts.
                                      Associate's Degree-10
                                       pts.
                                      High school diploma or
                                       GED-6 pts.
                                      Completed certified
                                       Perkins Vocational
                                       Education program-5
                                       pts.
                                      Completed Department of
                                       Labor Registered
                                       Apprenticeship-8 pts.
                                      STEM, associates and
                                       above-8 pts.
------------------------------------------------------------------------
``English and civics                  Native speaker of               15
                                       English or.
                                      TOEFL score of 75 or
                                       higher-15 pts.
                                      TOEFL score of 60-74-10
                                       pts.
                                      Pass USCIS Citizenship
                                       Tests in English &
                                       Civics-6 pts.
------------------------------------------------------------------------
``Extended family                     Adult (21 or older) son         10
 (Applied if threshold of 55 in        or daughter of United
 above categories)                     States citizen-8 pts.
                                      Adult (21 or older) son
                                       or daughter of a legal
                                       permanent resident-6
                                       pts.
                                      Sibling of United
                                       States citizen or LPR-
                                       4 pts.
                                      If had applied for a
                                       family visa in any of
                                       the above categories
                                       after May 1, 2005-2
                                       pts.
------------------------------------------------------------------------
``Total                               .......................        100
------------------------------------------------------------------------

       ``(B) The Secretary of Homeland Security, after 
     consultation with the Secretary of Commerce and the Secretary 
     of Labor, shall establish procedures to adjudicate petitions 
     filed pursuant to the merit-based evaluation system. The 
     Secretary may establish a time period in a fiscal year in 
     which such petitions must be submitted.
       ``(C) The Standing Commission on Immigration and Labor 
     Markets established pursuant to section 412 of the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007 shall submit recommendations to Congress concerning the 
     establishment of procedures for modifying the selection 
     criteria and relative weights accorded such criteria in order 
     to ensure that the merit-based evaluation system corresponds 
     to the current needs of the United States economy and the 
     national interest.
       ``(D) No modifications to the selection criteria and 
     relative weights accorded such criteria that are established 
     by the Secure Borders, Economic Opportunity, and Immigration 
     Reform Act of 2007 should take effect earlier than the sixth 
     fiscal year in which aliens described in section 
     101(a)(15)(Z) are eligible for an immigrant visa.
       ``(E) The application of the selection criteria to any 
     particular visa petition or application pursuant to the 
     merit-based evaluation system shall be within the Secretary's 
     sole and unreviewable discretion.
       ``(F) Any petition filed pursuant to this paragraph that 
     has not been found by the Secretary to have qualified in the 
     merit-based evaluation system shall be deemed denied on the 
     first day of the third fiscal year following the date on 
     which such petition was filed. Such denial shall not preclude 
     the petitioner from filing a successive petition pursuant to 
     this paragraph. Notwithstanding this paragraph, the Secretary 
     may deny a petition when denial is appropriate under other 
     provisions of law, including section 204(c).
       ``(G) Notwithstanding any other provision of this Act, an 
     alien seeking Z nonimmigrant status pursuant to section 
     101(a)(15)(Z) shall--
       ``(i) be subject to the requirements of the merit-based 
     evaluation system in the same manner and to the same extent 
     as aliens seeking visas under this section; and
       ``(ii) shall be exempt from the worldwide level of merit-
     based, special, and employment creation immigrants provided 
     under section 201(d).''.
                                 ______
                                 
  SA 1890. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 603, and insert the following:

     SEC. 603. ADMINISTRATIVE REVIEW, REMOVAL PROCEEDINGS, AND 
                   JUDICIAL REVIEW FOR ALIENS WHO HAVE APPLIED FOR 
                   LEGAL STATUS.

       (a) Administrative Review for Aliens Who Have Applied for 
     Status Under This Title.--Notwithstanding any other provision 
     of this Act, any amendment made by this Act, or any other 
     provision of law, including section 2241 of title 28, United 
     States Code, or any other habeas corpus provision, and 
     sections 1361 and 1651 of such title, a denial, termination, 
     or recession of benefits or status under this title may not 
     be reviewed by any court, and no court shall have 
     jurisdiction to hear any claim arising from, or any challenge 
     to, such a denial, termination, or recession.
       (b) Removal of Aliens Who Have Been Denied Status Under 
     This Title.--
       (1) In general.--Notwithstanding any other provision of 
     this Act, an alien whose application for status under this 
     title has been denied or whose status has been terminated or 
     revoked by the Secretary shall be placed immediately in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a).
       (2) Aliens who are determined to be ineligible due to 
     criminal convictions.--
       (A) Aggravated felons.--Notwithstanding any other provision 
     of this Act, an alien whose application for status under this 
     title has been denied or whose status has been terminated or 
     revoked by the Secretary under section 601(d)(1)(F)(ii) 
     because the alien has been convicted of an aggravated felony, 
     as defined in paragraph 101(a)(43) of the Immigration and 
     Nationality Act, shall be placed immediately in removal 
     proceedings pursuant to section 238(b) of such Act (8 U.S.C. 
     1228(b)).
       (B) Other criminals.--Notwithstanding any other provision 
     of this Act, any other alien whose application for status 
     under this title has been denied or whose status has been 
     terminated or revoked by the Secretary under clause (i), 
     (iii), or (iv) of section 601(d)(1)(F) shall be placed 
     immediately in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a).
       (C) Final denial, termination, or rescission.--The 
     Secretary's denial, termination, or rescission of the status 
     of any alien described in subparagraph (A) or (B) shall be 
     final for purposes of section 242(h)(3)(C) of the Immigration 
     and Nationality Act and shall represent the exhaustion of all 
     review procedures for purposes of sections 601(h) and 601(o).
       (3) Limitation on motions to reopen and reconsider.--During 
     the removal process under this subsection, an alien may file 
     not more than 1 motion to reopen or to reconsider. The 
     Secretary's or the Attorney General's decision whether to 
     consider any such motion is in the discretion of the 
     Secretary or the Attorney General.
                                 ______
                                 
  SA 1891. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 184, line 12, strike ``(b)'' and insert the 
     following:
       (b) Federal Affirmation of Immigration Law Enforcement by 
     States and Political Subdivisions of States.--
       (1) Authority.--Law enforcement personnel of a State, or a 
     political subdivision of a State, have the inherent authority 
     of a sovereign entity to investigate, apprehend, arrest, 
     detain, or transfer to Federal custody (including the 
     transportation across State lines to detention centers) an 
     alien for the purpose of assisting in the enforcement of the 
     immigration laws of the United States in the normal course of 
     carrying out the law enforcement duties of such personnel. 
     This State authority has never been displaced or preempted by 
     Federal law.
       (2) Construction.--Nothing in this subsection may be 
     construed to require law enforcement personnel of a State or 
     a political subdivision to assist in the enforcement of the 
     immigration laws of the United States.
       (c) Listing of Immigration Violators in the National Crime 
     Information Center Database.--
       (1) Provision of information to the national crime 
     information center.--
       (A) In general.--Except as provided under subparagraph (C), 
     not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall provide to the head of the 
     National Crime Information Center of the Department of 
     Justice the information that the Secretary has or maintains 
     related to any alien--
       (i) against whom a final order of removal has been issued;
       (ii) who enters into a voluntary departure agreement, or is 
     granted voluntary departure by an immigration judge, whose 
     period for departure has expired under subsection (a)(3) of 
     section 240B of the Immigration and

[[Page S8368]]

     Nationality Act (8 U.S.C. 1229c), subsection (b)(2) of such 
     section 240B, or who has violated a condition of a voluntary 
     departure agreement under such section 240B;
       (iii) whom a Federal immigration officer has confirmed to 
     be unlawfully present in the United States; and
       (iv) whose visa has been revoked.
       (B) Removal of information.--The head of the National Crime 
     Information Center shall promptly remove any information 
     provided by the Secretary under subparagraph (A) related to 
     an alien who is lawfully admitted to enter or remain in the 
     United States.
       (C) Procedure for removal of erroneous information.--
       (i) In general.--The Secretary, in consultation with the 
     head of the National Crime Information Center, shall develop 
     and implement a procedure by which an alien may petition the 
     Secretary or head of the National Crime Information Center, 
     as appropriate, to remove any erroneous information provided 
     by the Secretary under subparagraph (A) related to such 
     alien.
       (ii) Effect of failure to receive notice.--Under procedures 
     developed under clause (i), failure by the alien to receive 
     notice of a violation of the immigration laws shall not 
     constitute cause for removing information provided by the 
     Secretary under subparagraph (A) related to such alien, 
     unless such information is erroneous.
       (iii) Interim provision of information.--Notwithstanding 
     the 180-day period set forth in subparagraph (A), the 
     Secretary may not provide the information required under 
     subparagraph (A) until the procedures required under this 
     paragraph have been developed and implemented.
       (2) Inclusion of information in the national crime 
     information center database.--Section 534(a) of title 28, 
     United States Code, is amended--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) acquire, collect, classify, and preserve records of 
     violations of the immigration laws of the United States; 
     and''.
       (d)
                                 ______
                                 
  SA 1892. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 559, strike line 17 and all that follows through 
     ``January 1, 2007'' on page 561, line 9, and insert the 
     following:
       ``(Z) subject to title VI of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007, an alien 
     who--
       ``(i) is physically present in the United States, has 
     maintained continuous physical presence in the United States 
     since January 7, 2004, is employed, and seeks to continue 
     performing labor, services or education;
       ``(ii) is physically present in the United States, has 
     maintained continuous physical presence in the United States 
     since January 7, 2004, and such alien--

       ``(I) is the spouse or parent (65 years of age or older) of 
     an alien described in clause (i); or
       ``(II) was, within 2 years of the date on which the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007 was introduced in the Senate, the spouse of an alien who 
     was subsequently classified as a Z nonimmigrant under this 
     section, or is eligible for such classification, if--

       ``(aa) the termination of the relationship with such spouse 
     was connected to domestic violence; and
       ``(bb) the spouse has been battered or subjected to extreme 
     cruelty by the spouse or parent, who is a Z nonimmigrant; or
       ``(iii) is under 18 years of age at the time of application 
     for nonimmigrant status under this subparagraph, is 
     physically present in the United States, has maintained 
     continuous physical presence in the United States since 
     January 7, 2004, and was born to or legally adopted by at 
     least 1 parent who is at the time of application described in 
     clause (i) or (ii).''.
       (c) Presence in the United States.--
       (1) In general.--The alien shall establish that the alien 
     was not lawfully present in the United States on January 7, 
     2004
                                 ______
                                 
  SA 1893. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 564, lines 13 and 14, strike ``(6)(B), (6)(C)(i), 
     (6)(C)(ii), (6)(D), (6)(F), (6)(G), (7), (9)(B), 
     (9)(C)(i)(I),'' and insert ``(6)(C)(i), (6)(C)(ii), (6)(D), 
     (6)(G), (7),''.
                                 ______
                                 
  SA 1894. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of section 1, insert the following:
       (e) Submission to Congress.--
       (1) In general.--Except as provided under paragraph (2), 
     not later than 54 months after the date of the enactment of 
     this Act, the Secretary shall submit a written certification 
     to the President and Congress that--
       (A) the border security and other measures described in 
     subsection (a) are funded, in place, and in operation; and
       (B) there are fewer than 1,000,000 individuals who are 
     unlawfully present in the United States.
       (2) Effect of lack of certification.--If the border 
     security and other measures described in subsection (a) are 
     not funded, are not in place, are not in operation, or if 
     more than 1,000,000 individuals are unlawfully present in the 
     United States on the date that is 54 months after the date of 
     the enactment of this Act, title VI shall be immediately 
     repealed and the legal status and probationary benefits 
     granted to aliens under such title shall be terminated.
                                 ______
                                 
  SA 1895. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 570, beginning on line 21, strike ``If, during the 
     one-year initial period'' and all that follows through page 
     571, line 2.
                                 ______
                                 
  SA 1896. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 616, lines 23 and 24, strike ``or any probationary 
     benefits based upon application for such status''.
                                 ______
                                 
  SA 1897. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 572, strike line 15 and all that follows 
     through page 573, line 20, and insert the following:
       (1) In general.--An alien who files an application for Z 
     nonimmigrant status, upon submission of any evidence required 
     under subsections (f) and (g) and after the Secretary has 
     conducted appropriate background checks, to include name and 
     fingerprint checks, that do not produce information rendering 
     the applicant ineligible--
       (A) shall be granted probationary benefits in the form of 
     employment authorization pending final adjudication of the 
     alien's application;
       (B) may in the Secretary's discretion receive advance 
     permission to re-enter the United States pursuant to existing 
     regulations governing advance parole;
       (C) may not be detained for immigration purposes, 
     determined inadmissible or deportable, or removed pending 
     final adjudication of the alien's application, unless the 
     alien is determined to be ineligible for Z nonimmigrant 
     status; and
       (D) may not be considered an unauthorized alien (as defined 
     in section 274A(h)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(3))) unless employment authorization under 
     subparagraph (A) is denied.
       (2) Timing of probationary benefits.--No probationary 
     benefits shall be issued to an alien until the alien has 
     passed all appropriate background checks.
                                 ______
                                 
  SA 1898. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 549, lines 18 through 23, strike ``. The 
     requirement that the alien have a residence in a foreign 
     country which the alien has no intention of abandoning shall 
     not apply to an alien described in section 214(s) who is 
     seeking to enter as a temporary visitor for pleasure''.
                                 ______
                                 
  SA 1899. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 582, strike line 9 and all that follows 
     through page 583, line 17, and insert the following:
       (ii) English language and civics.--

       (I) Requirement at first renewal.--At or before the time of 
     application for the first extension of Z nonimmigrant status, 
     an alien who is 18 years of age or older must demonstrate an 
     attempt to gain an understanding of the English language and 
     knowledge of United States civics by taking the 
     naturalization test described in paragraphs (1) and (2) of 
     section 312(a) of the Immigration and Nationality Act (8 
     U.S.C. 1423(a)) and by demonstrating enrollment in or 
     placement on a waiting list for English classes.
       (II) Requirement at second renewal.--At or before the time 
     of application for the second extension of Z nonimmigrant 
     status, an alien who is 18 years of age or older must pass 
     the naturalization test described in such paragraphs (1) and 
     (2) of such section 312(a).
       (III) Requirement at third renewal.--At or before the time 
     of application for the

[[Page S8369]]

     third extension of Z nonimmigrant status, an alien who is 18 
     years of age or older must take the Test of English as a 
     Foreign Language (TOEFL) administered by the Educational 
     Testing Service.
       (IV) Requirement at fourth renewal.--At or before the time 
     of application for the fourth extension of Z nonimmigrant 
     status, an alien who is 18 years of age or older must retake 
     the TOEFL and receive the lower of--

       (aa) a score of not less than 70; or
       (bb) a score of not less than 20 points higher than the 
     score the alien received when the alien took the TOEFL 
     pursuant to subclause (III).

       (V) Exception.--The requirements of subclauses (I), (II), 
     (III), and (IV) shall not apply to any person who, on the 
     date of the filing of the person's application for an 
     extension of Z nonimmigrant status--

                                 ______
                                 
  SA 1900. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 570, between lines 3 and 4, insert the following:
       (8) Good moral character.--The alien shall establish that 
     the alien has been a person of good moral character, as 
     described in section 101(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(f)), for the entire period of 
     the alien's unlawful presence in the United States.
                                 ______
                                 
  SA 1901. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 26, strike line 6 and all that follows through page 
     27, line 7, and insert the following:

     SEC. 113. DETENTION OF ALIENS FROM NONCONTIGUOUS COUNTRIES.

       Section 236(a) of the Immigration and Nationality Act (8 
     U.S.C. 1226(a)) is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2)(B), by striking ``but'' at the end;
       (3) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(4) may not provide the alien with release on bond or 
     with conditional parole if the alien--
       ``(A) is a national of a noncontiguous country;
       ``(B) has not been admitted or paroled into the United 
     States; and
       ``(C) was apprehended within 100 miles of the international 
     border of the United States or presents a flight risk, as 
     determined by the Secretary of Homeland Security.''.
                                 ______
                                 
  SA 1902. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 602 and insert the following:

     SEC. 602. ADJUSTMENT SHALL BE UNAVAILABLE FOR Z STATUS 
                   ALIENS.

       Notwithstanding any other provision of this Act (or an 
     amendment made by this Act)--
       (1) a Z nonimmigrant shall not be adjusted to the status of 
     a lawful permanent resident; and
       (2) nothing in this section shall be construed to limit the 
     number of times that a Z nonimmigrant can renew the 
     nonimmigrant's status.

                          ____________________