[Congressional Record Volume 165, Number 98 (Wednesday, June 12, 2019)]
[Senate]
[Pages S3443-S3444]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 380. Mr. REED (for himself and Ms. Smith) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 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 H of title X, add the following:
SEC. ____. LIBERIAN REFUGEE IMMIGRATION FAIRNESS.
(a) Definitions.--In this section:
(1) In general.--Except as otherwise specifically provided,
any term used in this Act that is used in the immigration
laws shall have the meaning given the term in the immigration
laws.
(2) Immigration laws.--The term ``immigration laws'' has
the meaning given the term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Adjustment of Status.--
(1) In general.--Except as provided in paragraph (3), the
Secretary shall adjust the status of an alien described in
subsection (c) to that of an alien lawfully admitted for
permanent residence if the alien--
(A) applies for adjustment not later than 1 year after the
date of the enactment of this Act;
[[Page S3444]]
(B) is otherwise eligible to receive an immigrant visa; and
(C) subject to paragraph (2), is admissible to the United
States for permanent residence.
(2) Applicability of grounds of inadmissibility.--In
determining the admissibility of an alien under paragraph
(1)(C), the grounds of 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.
(3) Exceptions.--An alien shall not be eligible for
adjustment of status under this subsection if the Secretary
determines that the alien--
(A) has been convicted of any aggravated felony;
(B) has been convicted of 2 or more crimes involving moral
turpitude (other than a purely political offense); or
(C) 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.
(4) 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,
removal, or voluntary departure under any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may,
notwithstanding such order, submit an application for
adjustment of status under this subsection if the alien is
otherwise eligible for adjustment of status under paragraph
(1).
(B) Separate motion not required.--An alien described in
subparagraph (A) shall not be required, as a condition of
submitting or granting an application under this subsection,
to file a separate motion to reopen, reconsider, or vacate an
order described in subparagraph (A).
(C) Effect of decision by secretary.--
(i) Grant.--If the Secretary adjusts the status of an alien
pursuant to an application under this subsection, the
Secretary shall cancel any order described in subparagraph
(A) to which the alien has been subject.
(ii) Denial.--If the Secretary makes a final decision to
deny such application, any such order shall be effective and
enforceable to the same extent that such order would be
effective and enforceable if the application had not been
made.
(c) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided under subsection (b)
shall apply to any alien who--
(A)(i) is a national of Liberia; and
(ii) has been continuously present in the United States
during the period beginning on November 20, 2014, and ending
on the date on which the alien submits an application under
subsection (b); or
(B) 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 based on 1 or more absences from the United
States for 1 or more periods amounting, in the aggregate, to
not more than 180 days.
(d) Stay of Removal.--
(1) In general.--The Secretary shall promulgate regulations
establishing procedures by which an alien who is subject to a
final order of deportation, removal, or exclusion, may seek a
stay of such order based on the filing of an application
under subsection (b).
(2) During certain proceedings.--
(A) In general.--Except as provided in subparagraph (B),
notwithstanding any provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may
not order an alien to be removed from the United States if
the alien--
(i) is in exclusion, deportation, or removal proceedings
under any provision of such Act; and
(ii) has submitted an application for adjustment of status
under subsection (b).
(B) Exception.--The Secretary may order an alien described
in subparagraph (A) to be removed from the United States if
the Secretary has made a final determination to deny the
application for adjustment of status under subsection (b) of
the alien.
(3) Work authorization.--
(A) In general.--The Secretary may--
(i) authorize an alien who has applied for adjustment of
status under subsection (b) to engage in employment in the
United States during the period in which a determination on
such application is pending; and
(ii) provide such 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 (b) is pending for a period
exceeding 180 days and has not been denied, the Secretary
shall authorize employment for the applicable alien.
(e) Record of Permanent Residence.--On the approval of an
application for adjustment of status under subsection (b) of
an alien, the Secretary shall establish a record of admission
for permanent residence for the alien as of the date of the
arrival of the alien in the United States.
(f) Availability of Administrative Review.--The Secretary
shall provide applicants for adjustment of status under
subsection (b) 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).
(g) Limitation on Judicial Review.--
(1) In general.--A determination by the Secretary with
respect to the adjustment of status of any alien under this
section is final and shall not be subject to review by any
court.
(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to preclude the review of a constitutional claim
or a question of law under section 704 of title 5, United
States Code, with respect to a denial of adjustment of status
under this section.
(h) 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.
(i) Application of Immigration and Nationality Act
Provisions.--
(1) Savings provision.--Nothing in this Act may be
construed to repeal, amend, alter, modify, effect, or
restrict the powers, duties, function, or authority of the
Secretary in the administration and enforcement of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or
any other law relating to immigration, nationality, or
naturalization.
(2) Effect of eligibility for adjustment of status.--The
eligibility of an alien 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.
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