[Congressional Record Volume 162, Number 89 (Tuesday, June 7, 2016)]
[Senate]
[Pages S3585-S3586]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4515. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle I of title X, add the following:

     SEC. 1097. TERMINATION OF LAWFUL PERMANENT RESIDENT STATUS OF 
                   CERTAIN ALIENS WHO RETURN TO AFGHANISTAN 
                   WITHOUT ADVANCE PERMISSION.

       Section 602(b) of the Afghan Allies Protection Act of 2009 
     (8 U.S.C. 1101 note) is amended--
       (1) by redesignating paragraphs (10) through (16) as 
     paragraphs (11) through (17), respectively;
       (2) by inserting after paragraph (9), the following:
       ``(10) Termination of lawful permanent residence upon 
     unauthorized return to afghanistan.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     terminate the lawful permanent resident status of any alien 
     granted such status under paragraph (9) who is outside the 
     United States if the Secretary determines that the alien has 
     visited Afghanistan without obtaining advance permission to 
     travel pursuant to subparagraph (D)(ii).
       ``(B) Service.--The termination of lawful permanent 
     residence status under subparagraph (A) shall be effective on 
     the date that is 3 days after the date on which the Secretary 
     serves notice of such termination--
       ``(i) by publishing such notice in the Federal Register;
       ``(ii) by mailing such notice to the alien's most recent 
     United States address, as provided to the Secretary under 
     section 265 of

[[Page S3586]]

     the Immigration and Nationality Act (8 U.S.C. 1305) or 
     otherwise under the immigration laws; or
       ``(iii) through personal service on the alien abroad in 
     accordance with applicable law.
       ``(C) Challenge to notice of termination.--
       ``(i) In general.--An alien whose status is terminated 
     pursuant to subparagraph (A) may challenge such termination 
     by seeking admission as an immigrant at a designated United 
     States port of entry not later than 180 days after the 
     effective date of such termination.
       ``(ii) Removal proceeding.--If an alien challenges a 
     termination in accordance with clause (i), the Secretary 
     shall place the alien in a removal proceeding under section 
     240 of the Immigration and Nationality Act (8 U.S.C. 1229a). 
     For the purpose of such removal proceeding, the alien shall 
     be considered to be an alien lawfully admitted for permanent 
     residence who is seeking an admission into the United States. 
     If the alien prevails in the removal proceeding, or on a 
     petition for review of such proceeding under section 242 of 
     such Act (8 U.S.C. 1252), the alien shall be admitted to the 
     United States for lawful permanent residence. If the alien 
     does not prevail in the removal proceeding, or on a petition 
     for review of such proceeding, the alien shall be removed 
     from the United States.
       ``(D) Travel.--The Secretary of Homeland Security--
       ``(i) upon receiving a request from an alien challenging a 
     notice of termination under subparagraph (C), shall authorize 
     travel of the alien to a designated United States port of 
     entry for the purpose of the removal proceeding described in 
     subparagraph (C)(ii); and
       ``(ii) shall establish a process through which an alien 
     granted lawful permanent residence under this section may 
     apply in advance for permission to travel to Afghanistan.
       ``(E) Judicial review.--Except as specifically provided 
     under subparagraph (C), and notwithstanding any other 
     provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, United States Code, or any other 
     habeas corpus provision, and sections 1361 and 1651 of such 
     title, no court shall have jurisdiction to review any 
     determination made by the Secretary under this paragraph.
       ``(F) Rule of construction.--Nothing in this paragraph may 
     be construed--
       ``(i) to authorize any alien whose status has not been 
     terminated under this paragraph to travel to or to be 
     admitted to the United States;
       ``(ii) to require the Secretary to terminate the status of 
     an alien under this subsection so that the alien may travel 
     to the United States for the purpose of a removal proceeding 
     or for any other reason; or
       ``(iii) to limit the applicability of any no-fly list or 
     other travel security or public health measure otherwise 
     authorized by law.''; and
       (3) in paragraph (14), as redesignated, by striking 
     ``paragraph (12)(B)'' and inserting ``paragraph (13)(B)''.
                                 ______