[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

[[Page S5470]]

       (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

[[Page S5471]]

     (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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