[Congressional Record Volume 164, Number 30 (Thursday, February 15, 2018)]
[Senate]
[Page S1186]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2040. Mr. REED (for himself, Mr. Whitehouse, Ms. Klobuchar, and
Ms. Smith) submitted an amendment intended to be proposed by him 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. ___. ADJUSTMENT OF STATUS OF CERTAIN NATIONALS OF
LIBERIA.
(a) Adjustment of Status.--
(1) In general.--
(A) Eligibility.--Except as provided in subparagraph (B),
the Secretary of Homeland Security shall adjust the status of
an alien described in subsection (b) to that of an alien
lawfully admitted for permanent residence if the alien--
(i) applies for adjustment not later than 1 year after the
date of the enactment of this Act; and
(ii) is otherwise eligible to receive an immigrant visa and
admissible to the United States for permanent residence,
except that, in determining such admissibility, the grounds
for inadmissibility specified in paragraphs (4), (5), (6)(A),
and (7)(A) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)) shall not apply.
(B) Ineligible aliens.--An alien shall not be eligible for
adjustment of status under this section if the Secretary of
Homeland Security determines that the alien--
(i) has been convicted of any aggravated felony (as defined
in section 101(a)(43) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(43)));
(ii) has been convicted of 2 or more crimes involving moral
turpitude; or
(iii) has ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion.
(2) Relationship of application to certain orders.--
(A) In general.--An alien present in the United States who
has been subject to an order of exclusion, deportation, or
removal, or has been ordered to depart voluntarily from the
United States under any provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) may, notwithstanding
such order, apply for adjustment of status under paragraph
(1) if otherwise qualified under such paragraph.
(B) Separate motion not required.--An alien described in
subparagraph (A) may not be required, as a condition of
submitting or granting such application, to file a separate
motion to reopen, reconsider, or vacate the order described
in subparagraph (A).
(C) Effect of decision by secretary.--If the Secretary of
Homeland Security adjusts the status of an alien pursuant to
an application under paragraph (1), the Secretary shall
cancel the order described in subparagraph (A). If the
Secretary of Homeland Security makes a final decision to deny
such adjustment of status, the order shall be effective and
enforceable to the same extent as if the application had not
been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided under subsection (a)
shall apply to any alien--
(A) who is--
(i) a national of Liberia; and
(ii) has been continuously present in the United States
between November 20, 2014, and the date on which the alien
submits an application under subsection (a); or
(B) who is the spouse, child, or unmarried son or daughter
of an alien described in subparagraph (A).
(2) Determination of continuous physical presence.--For
purposes of establishing the period of continuous physical
presence referred to in paragraph (1)(A)(ii), an alien shall
not be considered to have failed to maintain continuous
physical presence by reasons of an absence, or absences, from
the United States for any period or periods amounting in the
aggregate to not more than 180 days.
(c) Stay of Removal.--
(1) In general.--The Secretary of Homeland Security shall
promulgate regulations establishing procedures through which
an alien, who is subject to a final order of deportation,
removal, or exclusion, may seek a stay of such order based
upon the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision in the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), the Secretary of Homeland Security may not
order an alien to be removed from the United States if the
alien is in exclusion, deportation, or removal proceedings
under any provision of such Act and has applied for
adjustment of status under subsection (a) unless the
Secretary has made a final determination to deny the
application.
(3) Work authorization.--
(A) In general.--The Secretary of Homeland Security may--
(i) authorize an alien who has applied for adjustment of
status under subsection (a) to engage in employment in the
United States while a determination regarding such
application is pending; and
(ii) provide the alien with an ``employment authorized''
endorsement or other appropriate document signifying
authorization of employment.
(B) Pending applications.--If an application for adjustment
of status under subsection (a) is pending for a period
exceeding 180 days and has not been denied, the Secretary
shall authorize such employment.
(d) Record of Permanent Residence.--Upon the approval of an
alien's application for adjustment of status under subsection
(a), the Secretary of Homeland Security shall establish a
record of the alien's admission for permanent residence as of
the date of the alien's arrival in the United States.
(e) Availability of Administrative Review.--The Secretary
of Homeland Security shall provide applicants for adjustment
of status under subsection (a) with the same right to, and
procedures for, administrative review as are provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); and
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
(f) Limitation on Judicial Review.--A determination by the
Secretary of Homeland Security regarding the adjustment of
status of any alien under this section is final and shall not
be subject to review by any court.
(g) No Offset in Number of Visas Available.--The Secretary
of State shall not be required to reduce the number of
immigrant visas authorized to be issued under any provision
of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) to offset the adjustment of status of an alien who has
been lawfully admitted for permanent residence pursuant to
this section.
(h) Application of Immigration and Nationality Act
Provisions.--
(1) Definitions.--Except as otherwise specifically provided
in this section, the definitions contained in the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in
this section.
(2) Savings provision.--Nothing in this section may be
construed to repeal, amend, alter, modify, effect, or
restrict the powers, duties, function, or authority of the
Secretary of Homeland Security in the administration and
enforcement of the Immigration and Nationality Act or any
other law relating to immigration, nationality, or
naturalization.
(3) Effect of eligibility for adjustment of status.--An
alien's eligibility to be lawfully admitted for permanent
residence under this section shall not preclude the alien
from seeking any status under any other provision of law for
which the alien may otherwise be eligible.
______