[Congressional Record Volume 164, Number 29 (Wednesday, February 14, 2018)]
[Senate]
[Page S1118]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2009. Ms. CORTEZ MASTO (for herself, Mr. Leahy, and Mrs. Murray) 
submitted an amendment intended to be proposed by her to the bill H.R. 
2579, to amend the Internal Revenue Code of 1986 to allow the premium 
tax credit with respect to unsubsidized COBRA continuation coverage; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON REMOVAL OF CERTAIN VICTIMS WITH 
                   PENDING PETITIONS AND APPLICATIONS.

       (a) In General.--Section 235 of the Immigration and 
     Nationality Act (8 U.S.C. 1225) is amended by adding at the 
     end the following:
       ``(e) Prohibition on Removal of Certain Victims With 
     Pending Petitions and Applications.--
       ``(1) In general.--An alien described in paragraph (2) 
     shall not be ordered removed under this section until there 
     is a final administrative denial of the application for 
     admission after the exhaustion of administrative appeals.
       ``(2) Aliens described.--An alien is described in this 
     paragraph if the alien--
       ``(A) has a pending application under section 
     101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) 
     (as in effect on March 31, 1997); or
       ``(B) is a VAWA self-petitioner, as defined in section 
     101(a)(51), with a pending application for relief under a 
     provision referred to in any of subparagraphs (A) through (G) 
     of such section.
       ``(3) Exception.--Paragraph (1) shall not apply in a case 
     in which the Director of U.S. Citizenship and Immigration 
     Services determines that the alien is prima facie ineligible 
     for admission for any of the reasons described in clauses (i) 
     through (iv) of section 241(b)(3)(B).''.
       (b) Administrative Stays of Removal for Applicants for 
     Certain Nonimmigrant Status.--Section 237(d)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(d)(1)) is 
     amended to read as follows:
       ``(d)(1) The Director of U.S. Citizenship and Immigration 
     Services shall make a determination whether an application 
     for nonimmigrant status under subparagraph (T) or (U) of 
     section 101(a)(15) filed for an alien in the United States 
     sets forth a prima facie case for approval, and, if so, the 
     Secretary shall grant the alien an administrative stay of a 
     final order of removal under section 241(c)(2) until--
       ``(A) the application for nonimmigrant status under such 
     subparagraph (T) or (U) is approved; or
       ``(B) there is a final administrative denial of the 
     application for such nonimmigrant status after the exhaustion 
     of administrative appeals.''.
       (c) Expedited Removal of Aliens Convicted of Aggravated 
     Felonies.--Section 238 of the Immigration and Nationality Act 
     (8 U.S.C. 1228) is amended by adding at the end the 
     following:
       ``(d) Prohibition on Removal of Certain Victims With 
     Pending Petitions and Applications.--
       ``(1) In general.--An alien described in paragraph (2) 
     shall not be ordered removed under this section until there 
     is a final administrative order of removal after the 
     exhaustion of administrative appeals.
       ``(2) Aliens described.--An alien is described in this 
     paragraph if the alien--
       ``(A) has a pending application under section 
     101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) 
     (as in effect on March 31, 1997); or
       ``(B) is a VAWA self-petitioner, as defined in section 
     101(a)(51),with a pending application for relief under a 
     provision referred to in any of subparagraphs (A) through (G) 
     of such section.
       ``(3) Exception.--Paragraph (1) shall not apply in a case 
     in which the Director of U.S. Citizenship and Immigration 
     Services determines that the alien is prima facie ineligible 
     for admission for any of the reasons described in clauses (i) 
     through (iv) of section 241(b)(3)(B).''.
       (d) Detention and Removal of Aliens Ordered Removed.--
     Section 241(a) of the Immigration and Nationality Act (8 
     U.S.C. 1231(a)) is amended by adding at the end the 
     following:
       ``(8) Prohibition on removal of certain victims with 
     pending petitions and applications.--
       ``(A) In general.--An alien described in subparagraph (B) 
     shall not be removed under this section until there is a 
     final administrative order of removal after the exhaustion of 
     administrative appeals.
       ``(B) Aliens described.--An alien is described in this 
     paragraph if the alien--
       ``(i) has a pending application under section 
     101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) 
     (as in effect on March 31, 1997); or
       ``(ii) is a VAWA self-petitioner, as defined in section 
     101(a)(51),with a pending application for relief under a 
     provision referred to in one of subparagraphs (A) through (G) 
     of such section.
       ``(C) Exception.--Paragraph (1) shall not apply in a case 
     in which the Director of U.S. Citizenship and Immigration 
     Services determines that the alien is prima facie ineligible 
     for admission for any of the reasons described in clauses (i) 
     through (iv) of section 241(b)(3)(B).''.
                                 ______