[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2743-S2747]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 651. Mr. COTTON (for himself, Mr. Graham, and Mr. Tillis)
submitted an amendment intended to be proposed by him to the bill S.
2226, to authorize appropriations for fiscal year 2024 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 title X, add the following:
Subtitle H--Ensuring American Security and Protecting Afghan Allies Act
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Ensuring American
Security and Protecting Afghan Allies Act''.
SEC. 1092. DEFINITIONS.
In this subtitle:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on the Judiciary of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House of
Representatives;
(G) the Committee on Armed Services of the House of
Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(2) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(3) 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);
(B) section 1059 of the National Defense Authorization Act
for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
163); or
(C) section 1096 or an amendment made by such section.
(4) Specified application.--The term ``specified
application'' means--
(A) a pending, documentarily complete application for
special immigrant status; and
(B) a case in processing in the United States Refugee
Admissions Program for an individual who has received a
Priority 1 or Priority 2 referral to such program.
(5) 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. 1093. 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 the status of a specified application submitted by,
or on behalf of, a national of Afghanistan, including any
information that has been provided to the applicant, in
accordance with section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)).
(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 designate an appropriate office
within the Department of State--
(1) to review specified applications submitted by nationals
of Afghanistan residing in Afghanistan, including by
conducting any required interviews;
(2) to issue visas or other travel documents to such
nationals, in accordance with the immigration laws;
(3) to provide services to such nationals, to the greatest
extent practicable, that would normally be provided by an
embassy; and
(4) to carry out any other function that the Secretary
considers necessary.
SEC. 1094. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE
INDIVIDUALS.
(a) Definitions.--In this section:
(1) Conditional permanent resident status.--The term
``conditional permanent resident status'' means conditional
permanent resident status under section 216 of the
Immigration and Nationality Act (8 U.S.C. 1186a-b), subject
to the provisions of this section.
(2) Eligible individual.--The term ``eligible individual''
means an alien who--
(A) is present in the United States;
(B) is a citizen or national of Afghanistan or, in the case
of an alien having no nationality, is a person who last
habitually resided in Afghanistan;
(C) has not been granted permanent resident status; and
(D)(i) was inspected and admitted to the United States on
or before the date of the enactment of this Act; or
(ii) 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 upon written
notice.
[[Page S2744]]
(b) Conditional Permanent Resident Status for Eligible
Individuals.--
(1) Adjustment of status to conditional permanent resident
status.--Immediately on the date of the enactment of this
Act, the Secretary of Homeland Security shall--
(A) adjust the status of each eligible individual to that
of conditional permanent resident status; and
(B) create for each eligible individual a record of
admission to such status as of the date on which the eligible
individual was initially inspected and admitted or paroled
into the United States.
(2) Removal of conditions.--
(A) In general.--Not later than the date described in
subparagraph (B), the Secretary of Homeland Security shall
remove the conditions on the permanent resident status of an
eligible individual if the Secretary has determined that--
(i) subject to subparagraph (C), the eligible individual is
not subject to any ground of inadmissibility under section
212 of the Immigration and Nationality Act (8 U.S.C. 1182);
and
(ii) the eligible individual is not the subject of
significant derogatory information, such as a conviction of a
felony or any other information indicating that the eligible
individual poses a national security concern.
(B) Date described.--The date described in this
subparagraph is the earlier of--
(i) the date that is 4 years after the date on which an
eligible individual was admitted or paroled into the United
States; or
(ii) July 1, 2027.
(C) Waiver.--
(i) In general.--Except as provided in clause (ii), with
respect to an eligible individual, the Secretary of Homeland
Security may waive the application of the grounds of
inadmissibility under in section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)) for humanitarian
purposes or to ensure family unity.
(ii) Exceptions.--The Secretary of Homeland Security may
not waive under clause (i) the application of subparagraphs
(C) through (H) of paragraph (2), or paragraph (3), of
section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)).
(3) Treatment of conditional resident period for purposes
of naturalization.--An eligible individual in conditional
resident status shall be considered--
(A) to have been admitted to the United States as an alien
lawfully admitted for permanent residence; and
(B) to be present in the United States as an alien lawfully
admitted to the United States for permanent residence.
(c) Terms of Conditional Permanent Resident Status.--
(1) Assessment.--
(A) In general.--Before removing the conditions on the
permanent resident status of an eligible individual under
subsection (b)(2), the Secretary of Homeland Security shall
conduct an assessment with respect to the eligible
individual, which shall be equivalent in rigor to the
assessment conducted with respect to refugees admitted to the
United States through the United States Refugee Admissions
Program, for the purpose of determining whether the eligible
individual is subject to any ground of inadmissibility under
section 212 of the Immigration and Nationality Act (8 U.S.C.
1182) or any ground of deportability under section 237 of
that Act (8 U.S.C. 1227).
(B) Consultation.--In conducting an assessment under
subparagraph (A), the Secretary of Homeland Security may
consult with the head of any other relevant agency and review
the holdings of any such agency.
(2) Periodic nonadversarial meetings.--
(A) In general.--Not later than 180 days after the date on
which the status of an eligible individual is adjusted to
conditional permanent resident status, and periodically
thereafter, the eligible individual shall participate in a
nonadversarial meeting with an official of the Office of
Refugee Resettlement, during which such official shall--
(i) on request by the eligible individual, assist the
eligible individual in applying for any applicable
immigration benefit and completing any applicable
immigration-related paperwork; and
(ii) answer any questions regarding eligibility for other
benefits.
(B) Notification of requirements.--Not later than 7 days
before the date on which a meeting under subparagraph (A) is
scheduled to occur, the Secretary of Health and Human
Services shall provide notice to the eligible individual that
includes the date of the scheduled meeting and a description
of the process for rescheduling the meeting.
(C) Conduct of meeting.--The Secretary of Health and Human
Services shall implement practices to ensure that--
(i) meetings under subparagraph (A) are conducted in a
nonadversarial manner; and
(ii) interpretation and translation services are provided
to eligible individuals with limited English proficiency.
(D) Rule of construction.--Nothing in this section shall be
construed to prevent an eligible individual from electing to
have counsel present during a meeting under subparagraph (A).
(3) Eligibility for benefits.--Except with respect to an
application for naturalization, an eligible individual in
conditional permanent resident status shall be considered to
be an alien lawfully admitted for permanent residence for
purposes of the adjudication of an application or petition
for a benefit or the receipt of a benefit.
(4) Notification of requirements.--Not later than 90 days
after the date on which the status of an eligible individual
is adjusted to that of conditional permanent resident status,
the Secretary of Homeland Security shall provide notice to
the eligible individual with respect to the provisions of--
(A) this section;
(B) paragraph (1) (relating to the conduct of assessments);
and
(C) paragraph (2) (relating to periodic nonadversarial
meetings).
(d) Application for Naturalization.--The Secretary of
Homeland Security shall establish procedures by which an
eligible individual may be considered for naturalization
concurrently with the removal of the conditions on his or her
permanent resident status under subsection (b)(2).
(e) Guidance.--
(1) Interim guidance.--
(A) In general.--Not later than 60 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, guidance issued pursuant to subparagraph
(A)--
(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.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall finalize the guidance implementing this section.
(B) Exemption from the administrative procedures act.--
Chapter 5 of title 5, United States Code (commonly known as
the ``Administrative Procedures Act'') shall not apply to the
guidance issued under this paragraph.
(f) Asylum Claims.--With respect to the adjudication of an
application for asylum submitted by an eligible individual,
section 2502(c) of the Extending Government Funding and
Delivering Emergency Assistance Act (8 U.S.C. 1101 note;
Public Law 117-43) shall not apply.
(g) Prohibition on Fees.--The Secretary of Homeland
Security may not charge a fee to any eligible individual in
connection with the initial issuance under this section of--
(1) a document evidencing status as an alien lawfully
admitted for permanent residence; or
(2) an employment authorization document.
(h) Eligibility for Benefits.--
(1) In general.--Notwithstanding any other provision of
law--
(A) an individual described in subsection (a) of section
2502 of the Afghanistan Supplemental Appropriations Act, 2022
(8 U.S.C. 1101 note, Public Law 117-43) shall retain his or
her eligibility for the benefits and services described in
subsection (b) of such section if the individual has a
pending application, or is granted adjustment of status,
under this section; and
(B) such benefits and services shall remain available to
the individual to the same extent and for the same periods of
time as such benefits and services are otherwise available to
refugees who acquire such status.
(2) Exception from five-year limited eligibility for means-
tested public benefits.--Section 403(b)(1) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1613(b)(1)) is amended by adding at the end
the following:
``(F) An alien who status is adjusted to that of an alien
lawfully admitted for permanent residence under section 1094
of the Ensuring American Security and Protecting Afghan
Allies Act.''.
(i) Rule of Construction.--Nothing in this section may be
construed to preclude an eligible individual from applying
for or receiving any immigration benefit to which the
eligible individual is otherwise entitled.
(j) Authorization for Appropriations.--There is authorized
to be appropriated to the Secretary of Homeland Security
$20,000,000 for each of the fiscal years 2024 through 2028 to
carry out this section.
SEC. 1095. 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 and contingency plan described in subsection
(d)(1)(A); and
(2) to submit the report, and provide a briefing on the
report, as described in subsection (d).
(b) Membership.--
(1) In general.--The Task Force shall include--
(A) 1 or more representatives from each relevant Federal
agency, as designated by the head of the applicable relevant
Federal agency; and
(B) any other Federal Government official designated by the
President.
(2) Defined term.--In this subsection, the term ``relevant
Federal agency'' means--
(A) the Department of State;
(B) the Department Homeland Security;
(C) the Department of Defense;
(D) the Department of Health and Human Services;
(E) the Federal Bureau of Investigation; and
[[Page S2745]]
(F) the Office of the Director of National Intelligence.
(c) Chair.--The Task Force shall be chaired by the
Secretary of State.
(d) Duties.--
(1) Report.--
(A) In general.--Not later than 180 days after the date on
which the Task Force is established, the Task Force, acting
through the chair of the Task Force, shall submit a report to
the appropriate committees of Congress that includes--
(i) a strategy for facilitating the resettlement of
nationals of Afghanistan outside the United States who,
during the period beginning on October 1, 2001, and ending on
September 1, 2021, directly and personally supported the
United States mission in Afghanistan, as determined by the
Secretary of State in consultation with the Secretary of
Defense; and
(ii) a contingency plan for future emergency operations in
foreign countries involving foreign nationals who have worked
directly with the United States Government, including the
Armed Forces of the United States and United States
intelligence agencies.
(B) Elements.--The report required under subparagraph (A)
shall include--
(i) the total number of nationals of Afghanistan who have
pending specified applications, disaggregated by--
(I) such nationals in Afghanistan and such nationals in a
third country;
(II) type of specified application; and
(III) applications that are documentarily complete and
applications that are not documentarily complete;
(ii) an estimate of the number of nationals of Afghanistan
who may be eligible for special immigrant status under
section 1096 or an amendment made by such section;
(iii) with respect to the strategy required under
subparagraph (A)(i)--
(I) the estimated number of nationals of Afghanistan
described in such subparagraph;
(II) a description of the process for safely resettling
such nationals;
(III) a plan for processing such nationals of Afghanistan
for admission to the United States, that--
(aa) discusses the feasibility of remote processing for
such nationals of Afghanistan residing in Afghanistan;
(bb) includes any strategy for facilitating refugee and
consular processing for such nationals of Afghanistan in
third countries, and the timelines for such processing;
(cc) includes a plan for conducting rigorous and efficient
vetting of all such nationals of Afghanistan for processing;
(dd) discusses the availability and capacity of sites in
third countries to process applications and conduct any
required vetting for such nationals of Afghanistan, including
the potential to establish additional sites; and
(ee) includes a plan for providing updates and necessary
information to affected individuals and relevant
nongovernmental organizations;
(IV) a description of considerations, including resource
constraints, security concerns, missing or inaccurate
information, and diplomatic considerations, that limit the
ability of the Secretary of State or the Secretary of
Homeland Security to increase the number of such nationals of
Afghanistan who can be safely processed or resettled;
(V) an identification of any resource or additional
authority necessary to increase the number of such nationals
of Afghanistan who can be processed or resettled;
(VI) an estimate of the cost to fully implement the
strategy; and
(VII) any other matter the Task Force considers relevant to
the implementation of the strategy; and
(iv) with respect to the contingency plan required by
subparagraph (A)(ii)--
(I) a description of the standard practices for screening
and vetting foreign nationals considered to be eligible for
resettlement in the United States, including a strategy for
vetting, and maintaining the records of, such foreign
nationals who are unable to provide identification documents
or biographic details due to emergency circumstances;
(II) a strategy for facilitating refugee or consular
processing for such foreign nationals in third countries;
(III) clear guidance with respect to which Federal agency
has the authority and responsibility to coordinate Federal
resettlement efforts;
(IV) a description of any resource or additional authority
necessary to coordinate Federal resettlement efforts,
including the need for a contingency fund; and
(V) any other matter the Task Force considers relevant to
the implementation of the contingency plan.
(C) Form.--The report required under 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 appropriate committees of Congress on the contents of the
report.
(e) Termination.--The Task Force shall remain in effect
until the earlier of--
(1) the date on which the strategy required under
subsection (d)(1)(A)(i) has been fully implemented; or
(2) the date that is 3 years after the date of the
enactment of this Act.
SEC. 1096. SUPPORTING AT-RISK AFGHAN ALLIES AND RELATIVES OF
CERTAIN MEMBERS OF THE ARMED FORCES.
(a) Designation of At-risk Afghan Allies as Priority 2
Refugees.--
(1) Definition of at-risk afghan ally.--
(A) In general.--In this subsection, the term ``at-risk
Afghan ally'' means an alien who--
(i) is a citizen or national of Afghanistan; and
(ii) was--
(I) a member of--
(aa) the special operations forces of the Afghanistan
National Defense and Security Forces;
(bb) the Afghanistan National Army Special Operations
Command;
(cc) the Afghan Air Force; or
(dd) the Special Mission Wing of Afghanistan;
(II) a female member of any other entity of the Afghanistan
National Defense and Security Forces, including--
(aa) a cadet or instructor at the Afghanistan National
Defense University; and
(bb) a civilian employee of the Ministry of Defense or the
Ministry of Interior Affairs;
(III) an individual associated with former Afghan military
and police human intelligence activities, including operators
and Department of Defense sources;
(IV) an individual associated with former Afghan military
counterintelligence;
(V) an individual associated with the former Afghan
Ministry of Defense who was involved in the prosecution and
detention of combatants; or
(VI) a senior military officer, senior enlisted personnel,
or civilian official who served on the staff of the former
Ministry of Defense or the former Ministry of Interior
Affairs of Afghanistan; and
(VII) provided service to an entity or organization
described in clause (ii) for not less than 1 year during the
period beginning on December 22, 2001, and ending on
September 1, 2021, and did so in support of the United States
mission in Afghanistan.
(B) Inclusions.--For purposes of this paragraph, the
Afghanistan National Defense and Security Forces includes
members of the security forces under the Ministry of Defense
and the Ministry of Interior Affairs of the Islamic Republic
of Afghanistan, including the Afghanistan National Army, the
Afghan Air Force, the Afghanistan National Police, and any
other entity designated by the Secretary of Defense as part
of the Afghanistan National Defense and Security Forces
during the relevant period of service of the applicant
concerned.
(2) Designation.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall designate, as
Priority 2 refugees of special humanitarian concern, at-risk
Afghan allies.
(3) At-risk afghan allies referral program.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a process by which an individual may apply to the
Secretary for classification as an at-risk Afghan ally and
request a referral to the United States Refugee Admissions
Program as Priority 2 refugees.
(B) Application system.--The process established under
subparagraph (A) shall--
(i) include the development and maintenance of a secure
online portal through which applicants may provide
information verifying their status as at-risk Afghan allies
and upload supporting documentation; and
(ii) allow--
(I) an applicant to submit his or her own application; and
(II) a designee of an applicant to submit an application on
behalf of the applicant.
(C) Review process.--As soon as practicable after receiving
a request for classification and referral described in
subparagraph (A), the Secretary of Defense shall--
(i) review--
(I) the service record of the applicant, if available;
(II) if the applicant provides a service record or other
supporting documentation, any information that helps verify
the service record concerned, including information or an
attestation provided by any current or former official of the
Department of Defense who has personal knowledge of the
eligibility of the applicant for such classification and
referral; and
(III) the data holdings of the Department of Defense and
other cooperating interagency partners, including biographic
and biometric records, iris scans, fingerprints, voice
biometric information, hand geometry biometrics, other
identifiable information, and any other information related
to the applicant, including relevant derogatory information;
and
(ii)(I) in a case in which the Secretary of Defense
determines that the applicant is an at-risk Afghan ally,
refer the at-risk Afghan ally to the United States Refugee
Admissions Program as a Priority 2 refugee; and
(II) include with such referral any significant derogatory
information regarding the at-risk Afghan ally.
(D) Personnel to support recommendations.--Any limitation
in law with respect to the number of personnel within the
Office of the Secretary of Defense, the military departments,
or the defense agencies shall not apply to personnel employed
for the primary purpose of carrying out this paragraph.
(E) Review process for denial of request for referral.--
(i) In general.--In the case of an applicant with respect
to whom the Secretary of Defense denies a request for
classification and
[[Page S2746]]
referral based on a determination that the applicant is not
an at-risk Afghan ally or based on derogatory information--
(I) the Secretary shall provide the applicant with a
written notice of the denial that provides, to the maximum
extent practicable, a description of the basis for the
denial, including the facts and inferences, or evidentiary
gaps, underlying the individual determination; and
(II) the applicant shall be provided an opportunity to
submit not more than 1 written appeal to the Secretary for
each such denial.
(ii) Deadline for appeal.--An appeal under subclause (II)
of clause (i) shall be submitted--
(I) not more than 120 days after the date on which the
applicant concerned receives notice under subclause (I) of
that clause; or
(II) on any date thereafter, at the discretion of the
Secretary of Defense.
(iii) Request to reopen.--
(I) In general.--An applicant who receives a denial under
clause (i) may submit a request to reopen a request for
classification and referral under the process established
under subparagraph (A) so that the applicant may provide
additional information, clarify existing information, or
explain any unfavorable information.
(II) Limitation.--After considering 1 such request to
reopen from an applicant, the Secretary of Defense may deny
subsequent requests to reopen submitted by the same
applicant.
(b) Special Immigrant Visas 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
parent or brother or sister 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 a request for a
classification and referral as a refugee or an application
for, or issuance of, a special immigrant visa or special
immigrant status under--
(A) this section or an amendment made by this section;
(B) section 602 of the Afghan Allies Protection Act of 2009
(8 U.S.C. 1101 note; Public Law 111-8); or
(C) section 1059 of the National Defense Authorization Act
for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
163).
(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) Numerical limitations.--
(A) In general.--Subject to subparagraph (C), the total
number of principal aliens who may be provided special
immigrant visas under this section may not exceed 2,500 each
fiscal year.
(B) Carryover.--If the numerical limitation specified in
subparagraph (A) is not reached during a given fiscal year,
the numerical limitation specified in such subparagraph for
the following fiscal year shall be increased by a number
equal to the difference between--
(i) the numerical limitation specified in subparagraph (A)
for the given fiscal year; and
(ii) the number of principal aliens provided special
immigrant visas under this section during the given fiscal
year.
(C) Maximum number of visas.--The total number of aliens
who may be provided special immigrant visas under this
section shall not exceed 10,000.
(D) Duration of authority.--The authority to issue visas
under this section shall--
(i) commence on the date of the enactment of this Act; and
(ii) terminate on the date on which all such visas are
exhausted.
(4) Protection of aliens.--The Secretary of State, in
consultation with the head of any other appropriate Federal
agency, shall make a reasonable effort to provide an alien
who is seeking status as a special immigrant or requesting
classification and referral as a refugee under this section,
or an amendment made by this section, protection or to
immediately remove such alien from Afghanistan, if possible.
(5) 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.
(6) Resettlement support.--A citizen or national of
Afghanistan who is admitted to the United States as a special
immigrant under this section or an amendment made by this
section shall be eligible for resettlement assistance,
entitlement programs, and other benefits available to
refugees admitted under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) to the same extent, and for
the same periods of time, as such refugees.
(7) Adjustment of status for special immigrants in certain
circumstances.--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--
(i) paroled into the United States during the period
beginning on July 30, 2021, and ending on the date of
enactment of this Act, provided that such parole has not been
terminated by the Secretary of Homeland Security upon written
notice; or
(ii) admitted as a nonimmigrant into the United States; and
(B) is otherwise eligible for status as a special immigrant
under--
(i) this section; or
(ii) the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(8) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security, the
Secretary of State, the Secretary of Defense, and the
Secretary of Health and Human Services such sums as are
necessary for each of the fiscal years 2024 through 2034 to
carry out this section and the amendments made by this
section.
SEC. 1097. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE
UNITED STATES.
Notwithstanding any other provision of law, during
Operation Allies Welcome, Enduring Welcome, and any successor
operation, the Secretary of Homeland Security and the
Secretary of State may waive any fee or surcharge or exempt
individuals from the payment of any fee or surcharge
collected by the Department of Homeland Security and the
Department of State, respectively, in connection with a
petition or application for, or issuance of, an immigrant
visa to a national of Afghanistan under section
201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality
Act, 8 U.S.C. 1101(b)(2)(A)(i) and 1153(a), respectively.
SEC. 1098. PAROLE REFORM.
(a) In General.--Section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)) is amended to read as
follows:
``(5)(A) Except as provided in subparagraphs (B) and (C)
and section 214(f), the Secretary of Homeland Security, in
the discretion of the Secretary, may temporarily parole into
the United States any alien applying for admission to the
United States who is not present in the United States, under
such conditions as the Secretary may prescribe, on a case-by-
case basis, and not according to eligibility criteria
describing an entire class of potential parole recipients,
for urgent humanitarian reasons or significant public
benefit. Parole granted under this subparagraph may not be
regarded as an admission of the alien. When the purposes of
such parole have been served in the opinion of the Secretary,
the alien shall immediately return or be returned to the
custody from which the alien was paroled. After such return,
the case of the alien shall be dealt with in the same manner
as the case of any other applicant for admission to the
United States.
``(B) The Secretary of Homeland Security may grant parole
to any alien who--
``(i) is present in the United States without lawful
immigration status;
``(ii) is the beneficiary of an approved petition under
section 203(a);
``(iii) is not otherwise inadmissible or removable; and
``(iv) is the spouse or child of a member of the Armed
Forces serving on active duty.
``(C) The Secretary of Homeland Security may grant parole
to any alien--
``(i) who is a national of the Republic of Cuba and is
living in the Republic of Cuba;
``(ii) who is the beneficiary of an approved petition under
section 203(a);
``(iii) for whom an immigrant visa is not immediately
available;
``(iv) who meets all eligibility requirements for an
immigrant visa;
``(v) who is not otherwise inadmissible; and
``(vi) who is receiving a grant of parole in furtherance of
the commitment of the United States to the minimum level of
annual legal migration of Cuban nationals to the United
States specified in the U.S.-Cuba Joint Communique on
Migration, done at New York September 9, 1994, and reaffirmed
in the Cuba-United States: Joint Statement on Normalization
of Migration, Building on the Agreement of September 9, 1994,
done at New York May 2, 1995.
``(D) For purposes of determining an alien's eligibility
for parole under subparagraph (A), an urgent humanitarian
reason shall be limited to circumstances in which the alien
establishes that--
``(i)(I) the alien has a medical emergency; and
``(II)(aa) the alien cannot obtain necessary treatment in
the foreign state in which the alien is residing; or
``(bb) the medical emergency is life-threatening and there
is insufficient time for the alien to be admitted through the
normal visa process;
``(ii) the alien is the parent or legal guardian of an
alien described in clause (i) and the alien described in
clause (i) is a minor;
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``(iii) the alien is needed in the United States in order
to donate an organ or other tissue for transplant and there
is insufficient time for the alien to be admitted through the
normal visa process;
``(iv) the alien has a close family member in the United
States whose death is imminent and the alien could not arrive
in the United States in time to see such family member alive
if the alien were to be admitted through the normal visa
process;
``(v) the alien is seeking to attend the funeral of a close
family member and the alien could not arrive in the United
States in time to attend such funeral if the alien were to be
admitted through the normal visa process;
``(vi) the alien is an adopted child with an urgent medical
condition who is in the legal custody of the petitioner for a
final adoption-related visa and whose medical treatment is
required before the expected award of a final adoption-
related visa; or
``(vii) the alien is a lawful applicant for adjustment of
status under section 245 and is returning to the United
States after temporary travel abroad.
``(E) For purposes of determining an alien's eligibility
for parole under subparagraph (A), a significant public
benefit may be determined to result from the parole of an
alien only if--
``(i) the alien has assisted (or will assist, whether
knowingly or not) the United States Government in a law
enforcement matter;
``(ii) the alien's presence is required by the Government
in furtherance of such law enforcement matter; and
``(iii) the alien is inadmissible, does not satisfy the
eligibility requirements for admission as a nonimmigrant, or
there is insufficient time for the alien to be admitted
through the normal visa process.
``(F) For purposes of determining an alien's eligibility
for parole under subparagraph (A), the term `case-by-case
basis' means that the facts in each individual case are
considered and parole is not granted based on membership in a
defined class of aliens to be granted parole. The fact that
aliens are considered for or granted parole one-by-one and
not as a group is not sufficient to establish that the parole
decision is made on a `case-by-case basis'.
``(G) The Secretary of Homeland Security may not use the
parole authority under this paragraph to parole an alien into
the United States for any reason or purpose other than those
described in subparagraphs (B), (C), (D), and (E).
``(H) An alien granted parole may not accept employment,
except that an alien granted parole pursuant to subparagraph
(B) or (C) is authorized to accept employment for the
duration of the parole, as evidenced by an employment
authorization document issued by the Secretary of Homeland
Security.
``(I) Parole granted after a departure from the United
States shall not be regarded as an admission of the alien. An
alien granted parole, whether as an initial grant of parole
or parole upon reentry into the United States, is not
eligible to adjust status to lawful permanent residence or
for any other immigration benefit if the immigration status
the alien had at the time of departure did not authorize the
alien to adjust status or to be eligible for such benefit.
``(J)(i) Except as provided in clauses (ii) and (iii),
parole shall be granted to an alien under this paragraph for
the shorter of--
``(I) a period of sufficient length to accomplish the
activity described in subparagraph (D) or (E) for which the
alien was granted parole; or
``(II) 1 year.
``(ii) Grants of parole pursuant to subparagraph (A) may be
extended once, in the discretion of the Secretary, for an
additional period that is the shorter of--
``(I) the period that is necessary to accomplish the
activity described in subparagraph (D) or (E) for which the
alien was granted parole; or
``(II) 1 year.
``(iii) Aliens who have a pending application to adjust
status to permanent residence under section 245 may request
extensions of parole under this paragraph, in 1-year
increments, until the application for adjustment has been
adjudicated. Such parole shall terminate immediately upon the
denial of such adjustment application.
``(K) Not later than 90 days after the last day of each
fiscal year, the Secretary of Homeland Security shall submit
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives
and make available to the public, a report--
``(i) identifying the total number of aliens paroled into
the United States under this paragraph during the previous
fiscal year; and
``(ii) containing information and data regarding all aliens
paroled during such fiscal year, including--
``(I) the duration of parole;
``(II) the type of parole; and
``(III) the current status of the aliens so paroled.''.
(b) Implementation.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on the date that is 30 days after the date of the
enactment of this Act.
(2) Exceptions.--Notwithstanding paragraph (1)--
(A) any application for parole or advance parole filed by
an alien before the date of the enactment of this Act shall
be adjudicated under the law that was in effect on the date
on which the application was properly filed and any approved
advance parole shall remain valid under the law that was in
effect on the date on which the advance parole was approved;
(B) section 212(d)(5)(I) of the Immigration and Nationality
Act, as added by subsection (a), shall take effect on the
date of the enactment of this Act; and
(C) aliens who were paroled into the United States pursuant
to section 212(d)(5)(A) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall
continue to be subject to the terms of parole that were in
effect on the date on which their respective parole was
approved.
(c) Cause of Action.--Any person, State, or local
government that experiences financial harm in excess of
$1,000 due to a failure of the Federal Government to lawfully
apply the provisions of this section or the amendments made
by this section shall have standing to bring a civil action
against the Federal Government in an appropriate district
court of the United States.
SEC. 1099. SEVERABILITY.
If any provision of this subtitle, or the application of
such provision to any person or circumstance, is held to be
unconstitutional, the remainder of this subtitle, and the
application of the remaining provisions of this subtitle to
any person or circumstance, shall not be affected.
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