[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5468-S5471]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5961. Ms. KLOBUCHAR (for herself, Mr. Coons, and Mr. Blumenthal)
submitted an amendment intended to be proposed to amendment SA 5499
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be
proposed to the bill H.R. 7900, to authorize appropriations for fiscal
year 2023 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, add the following:
DIVISION E--AFGHAN ADJUSTMENT ACT
TITLE I--AFGHAN ADJUSTMENT ACT
SECTION 5101. SHORT TITLE.
This title may be cited as the ``Afghan Adjustment Act''.
SEC. 5102. DEFINITIONS.
(a) In General.--Except as otherwise specifically provided,
any term used in this title that is used in the immigration
laws shall have the meaning given the term in the immigration
laws.
(b) Definitions.--In this title:
(1) 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)).
(2) Special immigrant status.--The term ``special immigrant
status'' means special immigrant status provided under--
(A) the Afghan Allies Protection Act of 2009 ( 8 U.S.C.
1101 note; Public Law 111-8); or
(B) section 1059 of the National Defense Authorization Act
for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
163).
(3) Specified application.--The term ``specified
application'' means--
(A) an application for special immigrant status;
(B) an application to seek admission to the United States
through the United States Refugee Admission Program for an
individual who has received a Priority 1 or Priority 2
referral to such program; and
(C) an application for a special immigrant visa under
section 5107 or an amendment made by that section.
(4) United states refugee admissions program.--The term
``United States Refugee Admissions Program'' means the
program to resettle refugees in the United States pursuant to
the authorities provided in sections 101(a)(42), 207, and 412
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42),
1157, and 1522).
SEC. 5103. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) nationals of Afghanistan residing outside the United
States who meet the requirements for admission to the United
States through a specified application have aided the United
States mission in Afghanistan during the past 20 years; and
(2) the United States should increase support for such
nationals.
SEC. 5104. SUPPORT FOR AFGHAN ALLIES OUTSIDE OF THE UNITED
STATES.
(a) Response to Congressional Inquiries.--The Secretary of
State shall respond to inquiries by Members of Congress
regarding a specified application submitted by, or on behalf
of, a national of Afghanistan who has provided a
confidentiality release.
(b) Office in Lieu of Embassy.--During the period in which
there is no operational United States embassy in Afghanistan,
the Secretary of State shall establish and maintain an office
capable of--
(1) reviewing specified applications submitted by nationals
of Afghanistan residing in Afghanistan;
(2) issuing visas to such nationals;
(3) to the greatest extent practicable, providing services
to such nationals that would normally be provided by an
embassy; and
(4) carrying out any other function the Secretary considers
necessary.
SEC. 5105. INTERAGENCY TASK FORCE ON AFGHAN ALLY STRATEGY.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the President shall establish
an Interagency Task Force on Afghan Ally Strategy (referred
to in this section as the ``Task Force'')--
(1) to develop and oversee the implementation of the
strategy described in subsection (d)(1)(B)(iv); and
(2) to submit the report, and provide a briefing on the
report, described in subsection (d).
(b) Membership.--
(1) In general.--The Task Force shall be comprised of--
(A) the Secretary of State;
(B) the Secretary of Homeland Security;
(C) the Secretary of Defense;
(D) the Director of the Federal Bureau of Investigation;
(E) the Director of National Intelligence; and
(F) any other Government official, as designated by the
President.
(2) Delegation.--A member of the Task Force may designate a
representative to carry out the duties under this section.
(c) Chair.--The Task Force shall be chaired by the
Secretary of State.
(d) Duties.--
(1) Report and strategy.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Task Force shall submit to the
Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations
and the Committee on Foreign Affairs of the House of
Representatives a report that includes a strategy for
supporting nationals of Afghanistan residing outside the
United States who meet the requirements for admission to the
United States through a specified application.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) Estimates of--
(I)(aa) the total number of nationals of Afghanistan
residing in Afghanistan who have submitted specified
applications that are pending and, as of the date on which
the report is submitted, have not been adjudicated; and
(bb) the number of such nationals, disaggregated by type of
specified application described in subparagraphs (A), (B),
and (C) of section 5102(b)(3); and
(II)(aa) the total number of nationals of Afghanistan
residing in Afghanistan who meet the requirements for
admission to the United States through specified
applications; and
(bb) the number of such nationals, disaggregated by type of
specified application described in subparagraphs (A), (B),
and (C) of section 5102(b)(3).
(ii) A description of the steps the Secretary of State has
taken and is taking to facilitate the relocation and
resettlement of nationals of Afghanistan who--
(I) supported the United States mission in Afghanistan; and
(II) remain in Afghanistan or in third countries.
(iii) An identification of all considerations, including
resource constraints, that limit the ability of the Secretary
of State to facilitate such relocations and resettlements.
(iv) A strategy and detailed plan that--
(I) sets forth the manner in which members of the Task
Force will address such considerations in order to facilitate
such relocations and resettlements over different periods of
time (including 1-year, 5-year, and 10-year periods) and an
analysis of the expected number of nationals of Afghanistan
who would be relocated or resettled through such strategy;
and
(II) addresses the constraints and opportunities for
expanding support for such relocations and resettlements,
including--
(aa) the availability of remote processing for individuals
residing in Afghanistan;
(bb) the availability and capacity of mechanisms for
individuals to be relocated from Afghanistan, including air
charter or land passage;
(cc) the availability and capacity of sites in third
countries to process applications and conduct any required
vetting, including identifying and establishing additional
sites;
(dd) resource, personnel, and equipment requirements to
increase the capacity to better support such nationals of
Afghanistan and reduce application processing times;
(ee) the provision of updates and necessary information to
affected individuals and relevant nongovernmental
organizations; and
[[Page S5469]]
(ff) any other matter the Task Force considers relevant to
the implementation of the strategy.
(v) Recommendations for how Congress can expand the number
of nationals of Afghanistan who can be relocated or resettled
over such periods of time by providing additional authorities
or resources.
(C) Form.--The report required by subparagraph (A) shall be
submitted in unclassified form, but may include a classified
annex.
(2) Briefing.--Not later than 60 days after submitting the
report required by paragraph (1), the Task Force shall brief
the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations
and the Committee on Foreign Affairs of the House of
Representatives on the contents of such report.
(e) Termination.--The Task Force shall remain in effect
until the earlier of--
(1) the date on which the strategy required by subsection
(d)(1) has been fully implemented; or
(2) the date that is 10 years after the date of the
enactment of this Act.
SEC. 5106. ADJUSTMENT OF STATUS FOR ELIGIBLE AFGHAN
NATIONALS.
(a) Definition of Eligible Afghan National.--In this
section, the term ``eligible Afghan national'' means--
(1) an alien--
(A)(i) who is a citizen or national of Afghanistan; or
(ii) in the case of an alien having no nationality, whose
former or last habitual residence was in Afghanistan; and
(B)(i) who was inspected and admitted to the United States
on or before the date of the enactment of this Act;
(ii) who was paroled into the United States during the
period beginning on July 30, 2021, and ending on the date of
the enactment of this Act, provided that such parole has not
been terminated by the Secretary of Homeland Security;
(iii) whose travel to the United States was facilitated by,
or coordinated with, the United States Government; or
(iv) who arrived in the United States after the date of the
enactment of this Act, provided that the Secretary of
Homeland Security, in cooperation with other Federal agency
partners, determines that the alien supported the United
States mission in Afghanistan;
(2) an alien who is the spouse or child (as defined in
section 101(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1101(b)(1))) of an alien described in paragraph (1);
and
(3) an alien who is the spouse or child (as defined in
section 101(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1101(b)(1))) of an alien described in paragraph (1)
who is deceased.
(b) Streamlined Adjustment Process for Eligible Afghan
Nationals Who Supported the United States Mission in
Afghanistan.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall adjust the
status of an eligible Afghan national to the status of an
alien lawfully admitted for permanent residence if--
(A) the eligible Afghan national--
(i) has--
(I) received Chief of Mission approval as part of their
application for special immigrant status;
(II) received a Priority 1 or Priority 2 referral to the
United States Refugee Admissions Program; or
(III) a pending application for special immigrant status
that was submitted on or before July 31, 2018;
(ii) submits an application for adjustment of status in
accordance with procedures established by the Secretary of
Homeland Security;
(iii) subject to paragraph (2), is otherwise admissible to
the United States as an immigrant, except that the grounds of
inadmissibility under paragraphs (4), (5), and (7)(A) of
section 212(a) the Immigration and Nationality Act (8 U.S.C.
1182(a)) shall not apply; and
(iv) has complied with the vetting requirements under
subsection (d)(1) to the satisfaction of the Secretary of
Homeland Security; and
(B) the Secretary of Homeland Security determines that the
adjustment of status of the eligible Afghan national is not
contrary to the national welfare, safety, or security of the
United States.
(2) Applicability of refugee admissibility requirements.--
The provisions relating to admissibility for a refugee
seeking adjustment of status under section 209(c) of the
Immigration and Nationality Act (8 U.S.C. 1159(c)) shall
apply to an applicant for adjustment of status under this
subsection.
(c) Adjustment Process for Other Eligible Afghan
Nationals.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall adjust the
status of an eligible Afghan national who does not meet the
requirements set forth in subsection (b)(1)(A)(i) to the
status of an alien lawfully admitted for permanent residence
if--
(A) the eligible Afghan national--
(i) has been physically present in the United States for a
period not less than 2 years;
(ii) submits an application for adjustment of status in
accordance with procedures established by the Secretary of
Homeland Security;
(iii) subject to paragraph (2), is otherwise admissible to
the United States as an immigrant, except that the grounds of
inadmissibility under paragraphs (4), (5), and (7)(A) of
section 212(a) the Immigration and Nationality Act (8 U.S.C.
1182(a)) shall not apply; and
(iv) has complied with the vetting requirements under
paragraphs (1) and (2) of subsection (d) to the satisfaction
of the Secretary of Homeland Security; and
(B) the Secretary of Homeland Security determines that the
adjustment of status of the eligible Afghan national is not
contrary to the national welfare, safety, or security of the
United States.
(2) Waiver.--
(A) In general.--With respect to an applicant for
adjustment of status under this subsection, subject to
subparagraph (B), the Secretary of Homeland Security may
waive any applicable ground of inadmissibility under section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)) (other than paragraphs 2(C) or (3) of such section)
for humanitarian purposes, to ensure family unity, or if a
waiver is otherwise in the public interest.
(B) Limitations.--The Secretary of Homeland Security may
not waive under this paragraph any applicable ground of
inadmissibility under section 212(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2)) that arises due to
criminal conduct that was committed--
(i) on or after July 30, 2021;
(ii) within the United States; and
(iii) by an applicant for adjustment of status under this
subsection.
(C) Rule of construction.--Nothing in this paragraph may be
construed to limit any other waiver authority.
(3) Rule of construction.--Nothing in this subsection may
be construed to require the Secretary of Homeland Security to
complete the vetting process with respect to an applicant for
adjustment of status under this subsection within the 2-year
period described in paragraph (1)(A)(i).
(d) Interview and Vetting Requirements.--
(1) Vetting requirements for all applicants.--The Secretary
of Homeland Security shall establish vetting requirements for
applicants seeking adjustment of status under this section
that are equivalent to the vetting requirements for refugees
admitted to the United States through the United States
Refugee Admissions Program, including an interview.
(2) Additional vetting requirements for other eligible
afghan nationals.--The Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall maintain
records that contain, for each applicant under subsection (c)
for the duration of the pendency of their application for
adjustment of status--
(A) personal biographic information, including name and
date of birth;
(B) biometric information;
(C) any criminal conviction occurring after the date on
which the applicant entered the United States; and
(D) the history of the United States Government vetting to
which the applicant has submitted, including whether the
individual has undergone in-person vetting.
(3) Rule of construction.--Nothing in this subsection may
be construed to limit the authority of the Secretary of
Homeland Security to maintain records under any other law.
(e) Protection for Battered Spouses.--
(1) In general.--An alien whose marriage to an eligible
Afghan national described in paragraph (1) of subsection (a)
has been terminated shall be eligible for adjustment of
status under this section as an alien described in paragraph
(2) of that subsection for not more than 2 years after the
date on which such marriage is terminated if there is a
demonstrated connection between the termination of the
marriage and battering or extreme cruelty perpetrated by the
principal applicant.
(2) Applicability of other law.--In reviewing an
application for adjustment of status under this section with
respect to spouses and children who have been battered or
subjected to extreme cruelty, the Secretary of Homeland
Security shall apply section 204(a)(1)(J) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(J)) and section 384
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367).
(f) Date of Approval.--Upon the approval of an application
for adjustment of status under this section, the Secretary of
Homeland Security shall create a record of the alien's
admission as a lawful permanent resident as of the date on
which the alien was inspected and admitted or paroled into
the United States.
(g) Prohibition on Further Authorization of Parole.--
(1) In general.--Except as provided in paragraph (2), an
individual who is a national of Afghanistan shall not be
authorized for an additional period of parole if such
individual--
(A) is eligible to apply for adjustment of status under
this section; and
(B) fails to submit an application for adjustment of status
by the later of--
(i) the date that is 1 year after the date on which final
guidance described in subsection (h)(2) is published; or
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(ii) the date that is 1 year after the date on which such
individual becomes eligible to apply for adjustment of status
under this section.
(2) Exception.--An individual described in paragraph (1)(A)
may be authorized for an additional period of parole if such
individual--
(A) within the period described in paragraph (1)(B), seeks
an extension to file an application for adjustment of status
under this section; or
(B) has previously submitted to a vetting equivalent of the
vetting required under subsection (d).
(3) Deadline for application.--Except as provided in
paragraph (2), a national of Afghanistan who does not submit
an application for adjustment of status within the timeline
provided in paragraph (1)(B) may not later adjust status
under this section.
(h) Implementation.--
(1) Interim guidance.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall issue guidance implementing this section.
(B) Publication.--Notwithstanding section 553 of title 5,
United States Code, such guidance--
(i) may be published on the internet website of the
Department of Homeland Security; and
(ii) shall be effective on an interim basis immediately
upon such publication but may be subject to change and
revision after notice and an opportunity for public comment.
(2) Final guidance.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Homeland
Security shall finalize guidance implementing this section.
(i) Administrative Review.--The Secretary of Homeland
Security shall provide applicants for adjustment of status
under this section with the same right to, and procedures
for, administrative review as are provided to applicants for
adjustment of status under section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255).
(j) Prohibition on Fees.--The Secretary of Homeland
Security may not charge a fee to any eligible Afghan national
in connection with--
(1) an application for adjustment of status or employment
authorization under this section; or
(2) the issuance of a permanent resident card or an
employment authorization document.
(k) Pending Applications.--During the period beginning on
the date on which an alien files a bona fide application for
adjustment of status under this section and ending on the
date on which the Secretary of Homeland Security makes a
final administrative decision regarding such application, any
alien and any dependent included in such application who
remains in compliance with all application requirements may
not be--
(1) removed from the United States unless the Secretary of
Homeland Security makes a prima facie determination that the
alien is, or has become, ineligible for adjustment of status
under this section;
(2) considered unlawfully present under section
212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)); or
(3) considered an unauthorized alien (as defined in section
274A(h)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)(3))).
(l) VAWA Self Petitioners.--Section 101(a)(51) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(51)) is
amended--
(1) in subparagraph (F), by striking ``or'';
(2) in subparagraph (G), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(H) subsections (b) and (c) of section 5106 of the Afghan
Adjustment Act.''.
(m) Exemption From Numerical Limitations.--Aliens granted
adjustment of status under this section shall not be subject
to the numerical limitations under sections 201, 202, and 203
of the Immigration and Nationality Act (8 U.S.C. 1151, 1152,
and 1153).
(n) Rule of Construction.--Nothing in this section may be
construed to preclude an eligible Afghan national from
applying for or receiving any immigration benefit to which
the eligible Afghan national is otherwise entitled.
SEC. 5107. SPECIAL IMMIGRANT STATUS FOR AT-RISK AFGHAN ALLIES
AND RELATIVES OF CERTAIN MEMBERS OF THE ARMED
FORCES.
(a) At-risk Afghan Allies.--
(1) In general.--Subject to paragraph (4)(C), the Secretary
of Homeland Security may provide an alien described in
paragraph (2) (and the spouse, children of the alien if
accompanying or following to join the alien) with the status
of special immigrant under section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) if the
alien--
(A) or an agent acting on behalf of the alien, submits a
petition for classification under section 203(b)(4) of such
Act (8 U.S.C. 1153(b)(4));
(B) is otherwise admissible to the United States and
eligible for lawful permanent residence (excluding the
grounds of inadmissibility under section 212(a)(4) of such
Act (8 U.S.C. 1182(a)(4)));
(C) clears a background check and appropriate screening, as
determined by the Secretary of Homeland Security; and
(D) the Secretary of Homeland Security determines that the
adjustment of status of the alien is not contrary to the
national welfare, safety, or security of the United States.
(2) Alien described.--An alien described in this paragraph
is an alien who--
(A) is a citizen or national of Afghanistan;
(B) was a member of--
(i) the Afghanistan National Army Special Operations
Command;
(ii) the Afghan Air Force;
(iii) the Special Mission Wing of Afghanistan; or
(iv) the Female Tactical Teams of Afghanistan; and
(C) provided faithful and valuable service to an entity or
organization described in subparagraph (B) for not less than
1 year.
(3) Department of defense assessment.--
(A) In general.--Not later than 30 days after receiving a
request for an assessment from the Secretary of Homeland
Security, the Secretary of Defense shall--
(i) review the service record of the principal applicant;
(ii) submit an assessment to the Secretary of Homeland
Security as to whether--
(I) the principal applicant meets the requirements under
paragraph (2); and
(II) the adjustment of status of such alien, and the
spouse, children, and parents of such alien, if accompanying
or following to join the alien, is not contrary to the
national welfare, safety, or security of the United States;
and
(iii) submit with such assessment--
(I) any service record concerned; and
(II) any biometrics for the principal applicant that have
been collected by the Department of Defense.
(B) Effect of assessment.--A favorable assessment under
subparagraph (A)(ii) shall create a presumption that--
(i) the principal applicant meets the requirements under
paragraph (2); and
(ii) the admission of such alien, and the spouse, children,
and parents of the alien, if accompanying or following to
join the alien, is not contrary to the national welfare,
safety, or security of the United States.
(C) Efficient processing.--For purposes of a background
check and appropriate screening required to be granted
special immigrant status under this subsection, the Secretary
of Homeland Security, as appropriate, shall use biometric
data collected by the Secretary of Defense or the Secretary
of State not more than 5 years before the date on which an
application for such status is filed.
(b) Special Immigrant Status for Certain Relatives of
Certain Members of the Armed Forces.--Section 101(a)(27) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is
amended--
(1) in subparagraph (L)(iii), by adding a semicolon at the
end;
(2) in subparagraph (M), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(N) a citizen or national of Afghanistan who is the
spouse, child, or unmarried son or daughter of--
``(i) a member of the armed forces (as defined in section
101(a) of title 10, United States Code); or
``(ii) a veteran (as defined in section 101 of title 38,
United States Code).''.
(c) General Provisions.--
(1) Prohibition on fees.--The Secretary of Homeland
Security, the Secretary of Defense, or the Secretary of State
may not charge any fee in connection with an application for,
or issuance of, a special immigrant visa under this section
or an amendment made by this section.
(2) Representation.--An alien applying for admission to the
United States under this section, or an amendment made by
this section, may be represented during the application
process, including at relevant interviews and examinations,
by an attorney or other accredited representative. Such
representation shall not be at the expense of the United
States Government.
(3) Exclusion from numerical limitations.--Aliens provided
special immigrant visas under this section, or an amendment
made by this section, shall not be counted against any
numerical limitation under sections 201(d), 202(a), or
203(b)(4) of the Immigration and Nationality Act (8 U.S.C.
1151(d), 1152(a), and 1153(b)(4)) or section 602 of the
Afghan Allies Protection Act of 2009 (Public Law 111-8; 8
U.S.C. 1101 note).
(4) Assistance with passport issuance.--The Secretary of
State shall make a reasonable effort to ensure that an alien
who is issued a special immigrant visa under this section, or
an amendment made by this section, is provided with the
appropriate series Afghan passport necessary to enter the
United States.
(5) Protection of aliens.--The Secretary of State, in
consultation with the heads of other appropriate Federal
agencies, shall make a reasonable effort to provide an alien
who is seeking special immigrant status under this section,
or an amendment made by this section, protection or to
immediately remove such alien from Afghanistan, if possible.
(6) Other eligibility for immigrant status.--No alien shall
be denied the opportunity to apply for admission under this
section, or an amendment made by this section, solely because
the alien qualifies as an immediate relative or is eligible
for any other immigrant classification.
(7) Resettlement support.--A citizen or national of
Afghanistan who is granted special immigrant status described
in section 101(a)(27) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(27)) shall be eligible for resettlement
assistance, entitlement programs, and other benefits
available to refugees admitted under section 207 of such Act
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(8 U.S.C. 1157) to the same extent, and for the same periods
of time, as such refugees.
(8) Adjustment of status.--Notwithstanding paragraph (2),
(7), or (8) of subsection (c) of section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255), the
Secretary of Homeland Security may adjust the status of an
alien described in subparagraph (N) of section 101(a)(27) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) or
subsection (a)(2) of this section to that of an alien
lawfully admitted for permanent residence under subsection
(a) of such section 245 if the alien--
(A) was paroled or admitted as a nonimmigrant into the
United States; and
(B) is otherwise eligible for special immigrant status
under--
(i) this section; or
(ii) the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(9) Appeals.--
(A) Administrative review.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall provide to aliens who have applied
for special immigrant status under this section a process by
which an applicant may seek administrative appellate review
of a denial of an applicant for special immigrant status or a
revocation of such status.
(B) Judicial review.--Except as provided in subparagraph
(C), and notwithstanding any other provision of law, an alien
may seek judicial review of a denial of an application for
special immigrant status or a revocation of such status under
this title, in an appropriate United States district court.
(C) Stay of removal.--
(i) In general.--Except as provided in clause (ii), an
alien seeking administrative or judicial review under this
title may not be removed from the United States until a final
decision is rendered establishing that the alien is
ineligible for special immigrant status under this section.
(ii) Exception.--The Secretary may remove an alien
described in clause (i) pending judicial review if such
removal is based on national security concerns. Such removal
shall not affect the alien's right to judicial review under
this title. The Secretary shall promptly return a removed
alien if a decision to deny an application for special
immigrant status under this title, or to revoke such status,
is reversed.
SEC. 5108. SEVERABILITY.
If any provision of this title, or the application of such
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this title, and the
application of the remaining provisions of this title, to any
person or circumstance, shall not be affected.
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