[Congressional Record Volume 171, Number 7 (Tuesday, January 14, 2025)]
[Senate]
[Pages S141-S158]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 16. Mr. CRUZ submitted an amendment intended to be proposed by him
to the bill S. 5, to require the Secretary of Homeland Security to take
into custody aliens who have been charged in the United States with
theft, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of the bill, add the following:
SEC. 4. ENHANCING PUBLIC SAFETY THROUGH DETENTION, CONTINUOUS
MONITORING, OR REMOVAL OF ALIENS UNLAWFULLY
PRESENT IN THE UNITED STATES.
(a) Short Title.--This section may be cited as the
``Justice for Jocelyn Act''.
(b) Limitation on Participation in Alternatives to
Detention.--No alien may be released as part of any program
under the Alternatives to Detention program unless--
(1) all detention beds available to the Secretary have been
filled;
(2) there exists no available option to hold aliens in
detention; and
(3) the Secretary of Homeland Security has exercised and
exhausted all reasonable efforts to hold aliens in detention.
(c) GPS Tracking and Curfew Requirements for Certain
Aliens.--Each alien on U.S. Immigration and Customs
Enforcement's nondetained docket shall be--
(1) enrolled in the Alternatives to Detention program;
(2) continuously subject to GPS monitoring--
(A) for the duration of all applicable immigration
proceedings, including any appeal; and
(B) in the case of an alien who is ordered removed from the
United States, until removal; and
(3) required to stay in their Alternatives to Detention-
compliant home address between the hours of 10:00 p.m. and
5:00 a.m.
(d) Removal of Aliens Who Fail to Comply With Release
Order.--Section 240(b)(5) of the Immigration and Nationality
Act (8 U.S.C. 1229a(b)(5)) is amended by adding at the end
the following:
``(F) Failure to comply with release order.--If an
immigration officer submits an affidavit to an immigration
judge stating that an alien failed to comply with a condition
of release under section 236(a), such alien shall be ordered
removed in absentia.''.
(e) Severability.--If any provision of this section or the
application of such provision to any person or circumstance
is held by a Federal court to be unconstitutional, the
remainder of this section and the application of such
provisions to any other person or circumstance shall not be
affected.
______
SA 17. Mr. MURPHY submitted an amendment intended to be proposed by
him to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
On page 3, line 8, strike the end quote and final period
and insert the following:
``(4) Trust for law enforcement discretion.--The Director
for U.S. Immigration and Customs Enforcement may authorize
the release of an alien detained pursuant to paragraph (1)(E)
if the Director determines such alien--
``(A) does not pose a danger to the community; and
``(B) is not a flight risk.''.
______
SA 18. Mr. MURPHY submitted an amendment intended to be proposed by
him to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
On page 3, line 8, strike the end quote and final period
and insert the following:
``(4) Preliminary hearing.--An alien detained pursuant to
paragraph (1)(A)(E) is entitled to a preliminary hearing to
determine whether the relevant charge, arrest, or conviction
is within the scope of the relevant offense under such
paragraph.''.
______
SA 19. Mr. BENNET submitted an amendment intended to be proposed by
[[Page S142]]
him to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
At the end, add the following:
SEC. 4. CLARIFICATION WITH RESPECT TO CERTAIN ALIENS WHO CAME
TO THE UNITED STATES AS CHILDREN AND ALIENS WHO
ARE 16 YEARS OF AGE OR YOUNGER.
Section 236(c) of the Immigration and Nationality Act (8
U.S.C. 1226(c)), as amended by this Act, is further amended
by adding at the end the following:
``(5) Exclusions.--The following aliens are not subject to
custody or detention under paragraph (1)(E):
``(A) Any alien who has been granted or is eligible for
deferred action pursuant to the deferred action for childhood
arrivals program described in the memorandum of the
Department of Homeland Security entitled `Exercising
Prosecutorial Discretion with Respect to Individuals Who Came
to the United States as Children' issued on June 15, 2012.
``(B) Any alien who has been granted or is eligible for
deferred action pursuant to the final rule of the Department
of Homeland Security entitled `Deferred Action for Childhood
Arrivals' (87 Fed. Reg. 53152 (August 30, 2022)).
``(C) Any alien who is 16 years of age or younger.''.
______
SA 20. Mr. KING submitted an amendment intended to be proposed by him
to the bill S. 5, to require the Secretary of Homeland Security to take
into custody aliens who have been charged in the United States with
theft, and for other purposes; which was ordered to lie on the table;
as follows:
Beginning on page 5, strike line 11 and all that follows
through page 6, line 4, and insert the following:
(c) Visa Sanctions.--Section 243(d) of the Immigration and
Nationality Act (8 U.S.C. 1253(d)) is amended to read as
follows:
``(d) Reserving Visa Sanctions as a Diplomatic Tool.--
``(1) Determination.--Upon receiving notice from the
Secretary of Homeland Security that the government of a
foreign country is denying or unreasonably delaying accepting
an alien who is a citizen, subject, national, or resident of
such country, the Secretary of State shall have the exclusive
authority to determine whether to discontinue granting visas
as a diplomatic tool for encouraging such country to accept
such alien.
``(2) Sanction.--If the Secretary of State elects to
discontinue granting visas pursuant to a determination under
paragraph (1), the Secretary of State shall order consular
officers at the United States embassy and consulates in such
country to discontinue granting immigrant visas or
nonimmigrant visas, or both, to citizens, subjects,
nationals, and residents of such country.
``(3) Duration.--The sanction described in paragraph (2)
shall remain in place until the Secretary of Homeland
Security notifies the Secretary of State that the country
subject to such sanction is cooperating with the Department
of Homeland Security by accepting the return of its citizens,
subjects, nationals, and residents.''.
______
SA 21. Mrs. MURRAY submitted an amendment intended to be proposed by
her to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
On page 3, line 8, strike the end quote and final period
and insert the following:
``(4) Pregnant, nursing, and postpartum women.--
``(A) In general.--The Secretary of Homeland Security may
not detain an individual pursuant to paragraph (1)(E) who is
pregnant, nursing, or in postpartum recovery, unless the
Secretary makes an individualized determination that such
individual presents a threat to public safety or national
security.
``(B) Prohibition on shackling.--The Secretary may not use
a restraint on an individual detained under the circumstances
described in subparagraph (A) if such individual is known to
be pregnant, including during labor, transport to a medical
facility or birthing center, delivery, or postpartum
recovery.''.
______
SA 22. Mr. PAUL submitted an amendment intended to be proposed by him
to the bill S. 5, to require the Secretary of Homeland Security to take
into custody aliens who have been charged in the United States with
theft, and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
TITLE __--REPUBLIC ACT
SEC. __01. SHORT TITLE.
This title may be cited as the ``Reforming Emergency Powers
to Uphold the Balances and Limitations Inherent in the
Constitution Act'' or the ``REPUBLIC Act''.
Subtitle A--Congressional Review of National Emergencies
SEC. __11. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES.
The National Emergencies Act (50 U.S.C. 1621 et seq.) is
amended by inserting after title I the following:
``TITLE II--DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.
``(a) Authority To Declare National Emergencies.--With
respect to Acts of Congress authorizing the exercise, during
the period of a national emergency, of any special or
extraordinary power, the President is authorized to declare
such a national emergency by proclamation. Such proclamation
shall immediately be transmitted to Congress and published in
the Federal Register.
``(b) Specification of Provisions of Law To Be Exercised.--
No powers or authorities made available by statute for use
during the period of a national emergency shall be exercised
unless and until the President specifies the provisions of
law under which the President proposes that the President or
other officers will act in--
``(1) a proclamation declaring a national emergency under
subsection (a); or
``(2) one or more Executive orders relating to the
emergency published in the Federal Register and transmitted
to Congress.
``(c) Prohibition on Subsequent Actions if Emergencies Not
Approved.--
``(1) Subsequent declarations.--If a joint resolution of
approval is not enacted under section 203 with respect to a
national emergency before the expiration of the 30-day period
described in section 202(a), or with respect to a national
emergency proposed to be renewed under section 202(b), the
President may not, during the remainder of the term of office
of that President, declare a subsequent national emergency
under subsection (a) with respect to the same circumstances.
``(2) Exercise of authorities.--If a joint resolution of
approval is not enacted under section 203 with respect to a
power or authority specified by the President in a
proclamation under subsection (a) or an Executive order under
subsection (b)(2) with respect to a national emergency, the
President may not, during the remainder of the term of office
of that President, exercise that power or authority with
respect to that emergency.
``(d) Effect of Future Laws.--No law enacted after the date
of the enactment of this Act shall supersede this title
unless it does so in specific terms, referring to this title,
and declaring that the new law supersedes the provisions of
this title.
``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.
``(a) Temporary Effective Periods.--
``(1) In general.--A declaration of a national emergency
shall remain in effect for a period of 30 calendar days from
the issuance of the proclamation under section 201(a) (not
counting the day on which the proclamation was issued) and
shall terminate when such period expires unless there is
enacted into law a joint resolution of approval under section
203 with respect to the proclamation.
``(2) Exercise of powers and authorities.--Any emergency
power or authority made available under a provision of law
specified pursuant to section 201(b) may be exercised
pursuant to a declaration of a national emergency for a
period of 30 calendar days from the issuance of the
proclamation or Executive order (not counting the day on
which such proclamation or Executive order was issued). That
power or authority may not be exercised after such period
expires unless there is enacted into law a joint resolution
of approval under section 203 approving--
``(A) the proclamation of the national emergency or the
Executive order; and
``(B) the exercise of the power or authority specified by
the President in such proclamation or Executive order.
``(3) Exception if congress is unable to convene.--If
Congress is physically unable to convene as a result of an
armed attack upon the United States or another national
emergency, the 30-day periods described in paragraphs (1) and
(2) shall begin on the first day Congress convenes for the
first time after the attack or other emergency.
``(b) Renewal of National Emergencies.--A national
emergency declared by the President under section 201(a) or
previously renewed under this subsection, and not already
terminated pursuant to subsection (a) or (c), shall terminate
on the date that is one year after the President transmitted
to Congress the proclamation declaring the emergency or
Congress approved a previous renewal pursuant to this
subsection, unless--
``(1) the President publishes in the Federal Register and
transmits to Congress an Executive order renewing the
emergency; and
``(2) there is enacted into law a joint resolution of
approval renewing the emergency pursuant to section 203
before the termination of the emergency or previous renewal
of the emergency.
``(c) Termination of National Emergencies.--
``(1) In general.--Any national emergency declared by the
President under section 201(a) shall terminate on the
earliest of--
``(A) the date provided for in subsection (a);
``(B) the date provided for in subsection (b);
[[Page S143]]
``(C) the date specified in an Act of Congress terminating
the emergency; or
``(D) the date specified in a proclamation of the President
terminating the emergency.
``(2) Effect of termination.--
``(A) In general.--Effective on the date of the termination
of a national emergency under paragraph (1)--
``(i) except as provided by subparagraph (B), any powers or
authorities exercised by reason of the emergency shall cease
to be exercised;
``(ii) any amounts reprogrammed or transferred under any
provision of law with respect to the emergency that remain
unobligated on that date shall be returned and made available
for the purpose for which such amounts were appropriated; and
``(iii) any contracts entered into pursuant to authorities
provided as a result of the emergency shall be terminated.
``(B) Savings provision.--The termination of a national
emergency shall not affect--
``(i) any legal action taken or pending legal proceeding
not finally concluded or determined on the date of the
termination under paragraph (1);
``(ii) any legal action or legal proceeding based on any
act committed prior to that date; or
``(iii) any rights or duties that matured or penalties that
were incurred prior to that date.
``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.
``(a) Joint Resolution of Approval Defined.--In this
section, the term `joint resolution of approval' means a
joint resolution that contains only the following provisions
after its resolving clause:
``(1) A provision approving--
``(A) a proclamation of a national emergency made under
section 201(a);
``(B) an Executive order issued under section 201(b)(2); or
``(C) an Executive order issued under section 202(b).
``(2) A provision approving a list of all or a portion of
the provisions of law specified by the President under
section 201(b) in the proclamation or Executive order that is
the subject of the joint resolution.
``(b) Procedures for Consideration of Joint Resolutions of
Approval.--
``(1) Introduction.--After the President transmits to
Congress a proclamation declaring a national emergency under
section 201(a), or an Executive order specifying emergency
powers or authorities under section 201(b)(2) or renewing a
national emergency under section 202(b), a joint resolution
of approval may be introduced in either House of Congress by
any member of that House.
``(2) Requests to convene congress during recesses.--If,
when the President transmits to Congress a proclamation
declaring a national emergency under section 201(a), or an
Executive order specifying emergency powers or authorities
under section 201(b)(2) or renewing a national emergency
under section 202(b), Congress has adjourned sine die or has
adjourned for any period in excess of 3 calendar days, the
majority leader of the Senate and the Speaker of the House of
Representatives, or their respective designees, acting
jointly after consultation with and the concurrence of the
minority leader of the Senate and the minority leader of the
House, shall notify the Members of the Senate and House,
respectively, to reassemble at such place and time as they
may designate if, in their opinion, the public interest shall
warrant it.
``(3) Consideration in senate.--In the Senate, the
following shall apply:
``(A) Reporting and discharge.--If the committee to which a
joint resolution of approval has been referred has not
reported it at the end of 10 calendar days after its
introduction, that committee shall be automatically
discharged from further consideration of the resolution and
it shall be placed on the calendar.
``(B) Proceeding to consideration.--Notwithstanding Rule
XXII of the Standing Rules of the Senate, when the committee
to which a joint resolution of approval is referred has
reported the resolution, or when that committee is discharged
under subparagraph (A) from further consideration of the
resolution, it is at any time thereafter in order (even
though a previous motion to the same effect has been
disagreed to) for a motion to proceed to the consideration of
the joint resolution, and all points of order against the
joint resolution (and against consideration of the joint
resolution) are waived. The motion to proceed is subject to 4
hours of debate divided equally between those favoring and
those opposing the joint resolution of approval. The motion
is not subject to amendment, or to a motion to postpone, or
to a motion to proceed to the consideration of other
business.
``(C) Floor consideration.--A joint resolution of approval
shall be subject to 10 hours of consideration, to be divided
evenly between the proponents and opponents of the
resolution.
``(D) Amendments.--
``(i) In general.--Except as provided in clause (ii), no
amendments shall be in order with respect to a joint
resolution of approval.
``(ii) Amendments to strike or add specified provisions of
law.--Clause (i) shall not apply with respect to any
amendment--
``(I) to strike a provision or provisions of law from the
list required by subsection (a)(2); or
``(II) to add to that list a provision or provisions of law
specified by the President under section 201(b) in the
proclamation or Executive order that is the subject of the
joint resolution of approval.
``(E) Motion to reconsider final vote.--A motion to
reconsider a vote on passage of a joint resolution of
approval shall not be in order.
``(F) Appeals.--Points of order, including questions of
relevancy, and appeals from the decision of the Presiding
Officer, shall be decided without debate.
``(4) Consideration in house of representatives.--In the
House of Representatives, the following shall apply:
``(A) Reporting and discharge.--If the committee to which a
joint resolution of approval has been referred has not
reported it to the House within 10 calendar days after the
date of referral, such committee shall be discharged from
further consideration of the joint resolution.
``(B) Proceeding to consideration.--
``(i) In general.--Beginning on the third legislative day
after the committee to which a joint resolution of approval
has been referred reports it to the House or has been
discharged from further consideration, and except as provided
in clause (ii), it shall be in order to move to proceed to
consider the joint resolution in the House. The previous
question shall be considered as ordered on the motion to its
adoption without intervening motion. The motion shall not be
debatable. A motion to reconsider the vote by which the
motion is disposed of shall not be in order.
``(ii) Subsequent motions to proceed to joint resolution of
approval.--A motion to proceed to consider a joint resolution
of approval shall not be in order after the House has
disposed of another motion to proceed on that resolution.
``(C) Floor consideration.--Upon adoption of the motion to
proceed in accordance with subparagraph (B)(i), the joint
resolution of approval shall be considered as read. The
previous question shall be considered as ordered on the joint
resolution to final passage without intervening motion except
two hours of debate, which shall include debate on any
amendments, equally divided and controlled by the sponsor of
the joint resolution (or a designee) and an opponent. A
motion to reconsider the vote on passage of the joint
resolution shall not be in order.
``(D) Amendments.--
``(i) In general.--Except as provided in clause (ii), no
amendments shall be in order with respect to a joint
resolution of approval.
``(ii) Amendments to strike or add specified provisions of
law.--Clause (i) shall not apply with respect to any
amendment--
``(I) to strike a provision or provisions of law from the
list required by subsection (a)(2); or
``(II) to add to that list a provision or provisions of law
specified by the President under section 201(b) in the
proclamation or Executive order that is the subject of the
joint resolution.
``(5) Receipt of resolution from other house.--If, before
passing a joint resolution of approval, one House receives
from the other a joint resolution of approval from the other
House, then--
``(A) the joint resolution of the other House shall not be
referred to a committee and shall be deemed to have been
discharged from committee on the day it is received; and
``(B) the procedures set forth in paragraphs (3) and (4),
as applicable, shall apply in the receiving House to the
joint resolution received from the other House to the same
extent as such procedures apply to a joint resolution of the
receiving House.
``(c) Rule of Construction.--The enactment of a joint
resolution of approval under this section shall not be
interpreted to serve as a grant or modification by Congress
of statutory authority for the emergency powers of the
President.
``(d) Rules of the House and Senate.--This section is
enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
is deemed a part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in the House in the case of joint resolutions
described in this section, and supersedes other rules only to
the extent that it is inconsistent with such other rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``SEC. 204. APPLICABILITY.
``This title shall apply to a national emergency pursuant
to which the President proposes to exercise emergency powers
or authorities made available under any provision of law that
is not a provision of law described in section 604(a).''.
SEC. __12. REPORTING REQUIREMENTS.
Section 401 of the National Emergencies Act (50 U.S.C.
1641) is amended--
(1) in subsection (c)--
(A) in the first sentence by inserting ``, and make
publicly available'' after ``transmit to Congress''; and
(B) in the second sentence by inserting ``, and make
publicly available,'' before ``a final report''; and
(2) by adding at the end the following:
[[Page S144]]
``(d) Report on Emergencies.--The President shall transmit
to the entities described in subsection (g), with any
proclamation declaring a national emergency under section
201(a) or any Executive order specifying emergency powers or
authorities under section 201(b)(2) or renewing a national
emergency under section 202(b), a report, in writing, that
includes the following:
``(1) A description of the circumstances necessitating the
declaration of a national emergency, the renewal of such an
emergency, or the use of a new emergency authority specified
in the Executive order, as the case may be.
``(2) The estimated duration of the national emergency, or
a statement that the duration of the national emergency
cannot reasonably be estimated at the time of transmission of
the report.
``(3) A summary of the actions the President or other
officers intend to take, including any reprogramming or
transfer of funds, and the statutory authorities the
President and such officers expect to rely on in addressing
the national emergency.
``(4) The total expenditures estimated to be incurred by
the United States Government during such six-month period
which are directly attributable to the exercise of powers and
authorities conferred by such declaration.
``(5) In the case of a renewal of a national emergency, a
summary of the actions the President or other officers have
taken in the preceding one-year period, including any
reprogramming or transfer of funds, to address the emergency.
``(e) Provision of Information to Congress.--The President
shall provide to the entities described in subsection (g)
such other information as such entities may request in
connection with any national emergency in effect under title
II.
``(f) Periodic Reports on Status of Emergencies.--If the
President declares a national emergency under section 201(a),
the President shall, not less frequently than every 6 months
for the duration of the emergency, report to the entities
described in subsection (g) on the status of the emergency,
the total expenditures incurred by the United States
Government, and the actions the President or other officers
have taken and authorities the President and such officers
have relied on in addressing the emergency.
``(g) Entities Described.--The entities described in this
subsection are--
``(1) the Speaker of the House of Representatives;
``(2) minority leader of the House of Representatives;
``(3) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(4) the Committee on Homeland Security and Governmental
Affairs of the Senate.''.
SEC. __13. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES INVOKING
INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
(a) In General.--The National Emergencies Act (50 U.S.C.
1601 et seq.), as amended by this subtitle, is further
amended by adding at the end the following:
``TITLE VI--DECLARATIONS OF CERTAIN EMERGENCIES INVOKING INTERNATIONAL
EMERGENCY ECONOMIC POWERS ACT
``SEC. 604. APPLICABILITY.
``(a) In General.--This title shall apply to a national
emergency pursuant to which the President proposes to
exercise emergency powers or authorities made available under
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.).
``(b) Effect of Additional Powers and Authorities.--This
title shall not apply to a national emergency or the exercise
of emergency powers and authorities pursuant to the national
emergency if, in addition to the exercise of emergency powers
and authorities described in subsection (a), the President
proposes to exercise, pursuant to the national emergency, any
emergency powers and authorities under any other provision of
law.''.
(b) Transfer.--Sections 201, 202, and 301 of the National
Emergencies Act (50 U.S.C. 1601 et seq.), as such sections
appeared on the day before the date of the enactment of this
Act, are--
(1) transferred to title VI of such Act (as added by
subsection (a));
(2) inserted before section 604 of such title (as added by
subsection (a)); and
(3) redesignated as sections 601, 602, and 603,
respectively.
(c) Conforming Amendment.--Title II of the National
Emergencies Act (50 U.S.C. 1601 et seq.), as such title
appeared the day before the date of the enactment of this
Act, is amended by striking the heading for such title.
SEC. __14. CONFORMING AMENDMENTS.
(a) National Emergencies Act.--Title III of the National
Emergencies Act (50 U.S.C. 1631) is repealed.
(b) International Emergency Economic Powers Act.--Section
207(b) of the International Emergency Economic Powers Act (50
U.S.C. 1706) is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
SEC. __15. EFFECTIVE DATE; APPLICABILITY.
(a) In General.--This subtitle and the amendments made by
this subtitle shall--
(1) take effect on the date of the enactment of this Act;
and
(2) except as provided in subsection (b), apply with
respect to national emergencies declared under section 201 of
the National Emergencies Act on or after such date.
(b) Applicability to Renewals of Existing Emergencies.--
With respect to a national emergency declared under section
201 of the National Emergencies Act before the date of the
enactment of this Act that would expire or be renewed under
section 202(d) of that Act (as in effect on the day before
such date of enactment), that national emergency shall be
subject to the requirements for renewal under section 202(b)
of that Act, as amended by section __11.
(c) Supersession.--This subtitle and the amendments made by
this subtitle shall supersede title II of the National
Emergencies Act (50 U.S.C. 1621 et seq.) as such title was in
effect on the day before the date of enactment of this Act.
Subtitle B--Limitations on Emergency Authorities
SEC. __21. PROTECTIONS FOR UNITED STATES PERSONS WITH RESPECT
TO USE OF AUTHORITIES UNDER INTERNATIONAL
EMERGENCY ECONOMIC POWERS ACT.
The International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) is amended by inserting after section 203 the
following:
``SEC. 203A. PROTECTIONS FOR UNITED STATES PERSONS.
``(a) Limitations for Necessities.--
``(1) In general.--Except as provided by paragraph (2) and
in accordance with this section, no authority provided under
section 203 may be exercised to target a United States
person.
``(2) Exception for issuance of general licenses.--An
authority provided under section 203 may be exercised to
target a United States person if the President has, before
using the authority, issued a general license that ensures
that the United States person has sufficient access to the
necessities of life, including food, nutritional support,
water, shelter, clothing, sanitation, medicine, health care
and other vital services, and gainful employment where
necessary to provide the United States person a means for
subsistence.
``(3) Due process for united states persons.--
``(A) In general.--When taking an action pursuant to
authority provided by section 203 to target a United States
person, the President shall--
``(i) provide contemporaneous notice of the action to the
United States person;
``(ii) not later than one week after taking the action,
provide the United States person with the record on which the
decision to take the action was based, including an
unclassified summary, or a redacted version, of any
classified information that provides the United States person
with substantially the same ability to respond to that
information as the classified information;
``(iii) provide the United States person with the
opportunity to request review of the decision and to submit
information in support of that request;
``(iv) provide the United States person with the
opportunity for an administrative hearing not later than 90
days after requesting a review under clause (iii), unless the
United States person agrees to a longer period; and
``(v) render a written decision on a request for review
under clause (iii) not later than 90 days after the hearing
under clause (iv), or, if no such hearing is requested, not
later than 90 days after the later of--
``(I) the request for review; or
``(II) the submission of information in support of that
request.
``(B) Failure to render timely decision.--Failure to render
a decision within the time frame specified in subparagraph
(A)(v) shall be considered an agency action for purposes of
section 702 of title 5, United States Code.
``(b) Warrant for Seizure of Property of United States
Persons.--
``(1) In general.--When taking an action pursuant to
authority provided by section 203 to target a United States
person, the President may not block or otherwise prevent the
access of the United States person to property in which the
United States person has an ownership interest except
pursuant to a warrant issued using the procedures described
in the Federal Rules of Criminal Procedure (or, in the case
of a court-martial or other proceeding under the Uniform Code
of Military Justice (chapter 47 of title 10, United States
Code), issued under section 846 of title 10, United States
Code (article 46 of the Uniform Code of Military Justice), in
accordance with regulations prescribed by the President) by a
court of competent jurisdiction.
``(2) Delayed warrants.--To the extent consistent with the
Fourth Amendment to the Constitution of the United States, a
court shall permit the temporary blocking of property under
section 203 without a warrant on an emergency basis, or use
other means lawfully available to the court, to enable the
Federal Government to identify the property that is subject
to blocking while reducing the risk of property flight.
``(c) Judicial Review.--
``(1) In general.--A United States person that is the
target of an action taken by the President pursuant to any
authority provided under section 203 may bring an action in a
United States court of competent jurisdiction, after
exhaustion of any available administrative remedies, to
obtain judicial review of the lawfulness of that action,
including whether the action was authorized by the
[[Page S145]]
Executive order or orders specifying the measures to be taken
under section 203 in response to a determination issued under
section 202.
``(2) Conduct of review.--In an action brought under
paragraph (1)--
``(A) the review of the court shall be de novo;
``(B) any party may introduce evidence not included in the
administrative record;
``(C) any administrative record or portions thereof may be
entered into evidence, and questions of authentication or
hearsay shall bear on the weight to be accorded the evidence
rather than its admissibility;
``(D) classified information shall be handled in accordance
with the Classified Information Procedures Act (18 U.S.C.
App.), except that references to the `defendant' in such Act
shall be deemed to apply to the plaintiff; and
``(E) the court shall have the authority to order
injunctive relief, actual damages, and attorneys' fees.
``(3) Other means of review.--The availability of judicial
review under this subsection shall not preclude other
available means of judicial review, including under section
702 of title 5, United States Code, except that a person may
not exercise the right to judicial review under more than one
provision of law.
``(d) United States Person Defined.--In this section, the
term `United States person' means--
``(1) a United States national; or
``(2) an entity--
``(A) organized under the laws of the United States or any
jurisdiction within the United States; and
``(B) in which more than 50 percent of the controlling
interest is owned by a person described in paragraph (1).''.
SEC. __22. EXCLUSION OF AUTHORITY TO IMPOSE DUTIES AND IMPORT
QUOTAS FROM INTERNATIONAL EMERGENCY ECONOMIC
POWERS ACT.
Section 203 of the International Emergency Economic Powers
Act (50 U.S.C. 1702) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c)(1) The authority granted to the President by this
section does not include the authority to impose duties or
tariff-rate quotas or (subject to paragraph (2)) other quotas
on articles entering the United States.
``(2) The limitation under paragraph (1) does not prohibit
the President from excluding all articles, or all of a
certain type of article, imported from a country from
entering the United States.''.
SEC. __23. PRESIDENTIAL WAR POWERS UNDER COMMUNICATIONS ACT
OF 1934.
Section 706 of the Communications Act of 1934 (47 U.S.C.
606) is amended--
(1) in subsection (c), by inserting ``and declares a
national emergency'' after ``in the interest of national
security or defense,''; and
(2) in subsection (d), by striking ``there exists'' and
inserting ``a national emergency exists by virtue of there
being''.
SEC. __24. DISCLOSURE TO CONGRESS OF PRESIDENTIAL EMERGENCY
ACTION DOCUMENTS.
(a) In General.--Not later than 3 days after the conclusion
of the process for approval, adoption, or revision of any
presidential emergency action document, the President shall
submit that document to the appropriate congressional
committees.
(b) Documents in Existence Before Date of Enactment.--Not
later than 15 days after the date of the enactment of this
Act, the President shall submit to the appropriate
congressional committees all presidential emergency action
documents in existence before such date of enactment.
(c) Oversight.--
(1) Senate.--The Committee on Homeland Security and
Governmental Affairs of the Senate shall have--
(A) continuing legislative oversight jurisdiction in the
Senate with respect to the proposal, creation,
implementation, and execution of presidential emergency
action documents; and
(B) access to any and all presidential emergency action
documents.
(2) House of representatives.--The Committee on Oversight
and Accountability of the House of Representatives shall
have--
(A) continuing legislative oversight jurisdiction in the
House of Representatives with respect to the proposal,
creation, implementation, and execution of presidential
emergency action documents; and
(B) access to any and all presidential emergency action
documents.
(3) Duty to cooperate.--All officers and employees of any
Federal agency shall have the duty to cooperate with the
exercise of oversight jurisdiction described in this
subsection.
(4) Security clearances.--The chairpersons and ranking
members of the appropriate congressional committees, and
designated staff of those committees, shall be granted all
security clearances required to access, and granted access
to, presidential emergency action documents, including under
relevant Presidential or agency special access and
compartmented access programs.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Oversight and Accountability of the
House of Representatives.
(2) Federal agency.--The term ``Federal agency''--
(A) has the meaning given the term ``agency'' in section
552(f) of title 5, United States Code; and
(B) includes the Executive Office of the President, the
Executive Office of the Vice President, the Office of
Management and Budget, and the National Security Council.
(3) Presidential emergency action document.--The term
``presidential emergency action document'' refers to any
document created by any Federal agency before, on, or after
the date of the enactment of this Act, that is--
(A) designated as a presidential emergency action document
or presidential emergency action directive;
(B) designed to implement a presidential decision or
transmit a presidential request when an emergency disrupts
normal executive, legislative, judicial, or other Federal
governmental processes;
(C) a Presidential Policy Directive, regardless of whether
the directive is available to the public, that triggers any
change in policies, procedures, or operations of the Federal
Government upon the declaration by the President of an
emergency; or
(D) any other document, briefing, or plan, regardless of
whether the document, briefing, or plan exists in any
tangible or written form, that triggers any change in
operations of the Federal Government upon the declaration by
the President of an emergency.
______
SA 23. Mr. COONS submitted an amendment intended to be proposed by
him to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
Beginning on page 3, strike line 9 and all that follows
through page 8, line 10.
______
SA 24. Mr. COONS (for himself and Mrs. Shaheen) submitted an
amendment intended to be proposed by him to the bill S. 5, to require
the Secretary of Homeland Security to take into custody aliens who have
been charged in the United States with theft, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to limit the ability
of the Secretary of Homeland Security or the Attorney General
to use available capacity to detain individuals determined to
pose the most serious threat to public safety or risk of
flight.
______
SA 25. Mr. COONS submitted an amendment intended to be proposed by
him to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of the bill, add the following:
SEC. 4. EFFECTIVE DATE.
Section 2, and the amendments made by section 2, shall not
take effect until the date that is 60 days after the date on
which the Secretary of Homeland Security publishes in the
Federal Register a certification to Congress, with the basis
of the findings contained therein, that there is available
the operational detention capacity, transportation capacity,
and personnel to ensure that the amendments made by that
section can be implemented without causing the release of, or
an inability to detain or remove, aliens who present serious
threats to public safety or serious flight risks.
______
SA 26. Mr. COONS submitted an amendment intended to be proposed by
him to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
On page 3, line 20, insert ``manifestly unlawful'' before
``violation''.
On page 5, line 16, insert ``manifestly unlawful'' before
``violation''.
On page 4, line 21, strike ``an action'' and insert ``a
manifestly unlawful action''.
On page 6, line 13, insert ``manifestly unlawful'' before
``violation''.
On page 7, line 14, insert ``manifestly unlawful'' before
``violation''.
______
SA 27. Mr. COONS submitted an amendment intended to be proposed by
him to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
[[Page S146]]
On page 2, line 14, strike ``and''.
On page 2, strike line 15 and insert the following:
(ii) is not in a lawful status or in a period of stay
authorized by the Attorney General; and
(iii) is charged with, is arrested for, is
______
SA 28. Mr. KING submitted an amendment intended to be proposed by him
to the bill S. 5, to require the Secretary of Homeland Security to take
into custody aliens who have been charged in the United States with
theft, and for other purposes; which was ordered to lie on the table;
as follows:
On page 2, strike lines 15 through 19 and insert the
following:
``(ii) has been convicted of burglary, theft, larceny, or
shoplifting,'';
______
SA 29. Mr. MARKEY submitted an amendment intended to be proposed by
him to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
SEC. 4. DESTINATION RECEPTION ASSISTANCE.
(a) Short Title.--This section may be cited as the
``Destination Reception Assistance Act''.
(b) Authorization of Destination Reception Services
Program.--Section 412 of the Immigration and Nationality Act
(8 U.S.C. 1522) is amended by adding at the end the
following:
``(g) Destination Reception Services Program.--
``(1) Defined term.--In this subsection, the term `eligible
arrival' means an individual who--
``(A) has been granted parole;
``(B) have been placed in removal proceedings; or
``(C) has a pending application for asylum.
``(2) Establishment.--There is established, in the Office,
the Destination Reception Services Program (referred to in
this subsection as the `Program'), which shall carry out the
provisions of this subsection under the direction of the New
Arrival Services Board (referred to in this subsection as the
`Board'). The Program shall coordinate with the Unaccompanied
Children Program and the Refugee Program to ensure that
eligible arrivals receive all of the services for which they
are eligible.
``(3) New arrival services board.--
``(A) Appointments.--Not later than 30 days after the date
of the enactment of the Destination Reception Assistance Act,
the Director shall appoint 9 members to the Board who
represent nongovernmental organizations with experience
providing, evaluating, and offering technical assistance on
eligible services provided through the Program, including
organizations representing individuals with lived experience
of forced migration. The Director shall designate a Chair of
the Board from among its members.
``(B) Functions.--The Board shall--
``(i) identify communities in which concentrations of
eligible arrivals in need of assistance reside; and
``(ii) recommend the amount of funding to be allocated to
such communities in accordance with formulas, policies,
procedures, and guidelines established by the Office.
``(C) Criteria for allocating funding.--In determining the
allocation of Federal funding to communities under this
subsection, the Director shall prioritize funding for
communities with--
``(i) a higher ratio of eligible arrivals compared to other
communities;
``(ii) higher housing and transportation costs; or
``(iii) the most significant medium-term reception needs
(in per capita or absolute terms) in which the level of
direct services provided by nonprofit, faith-based, or
governmental organizations to families and individuals
released by the Department of Homeland Security is most
acute.
``(4) Program structure.--
``(A) Framework.--The framework of the Program shall be
similar to the framework of the Emergency Food and Shelter
Program of the Federal Emergency Management Agency to
facilitate the timely delivery of Federal funding in support
of eligible arrivals.
``(B) Distinction from alternatives to detention.--The
Program is not an alternatives to detention program. Prior
participation in an alternatives to detention program is not
an eligibility requirement for eligible arrivals to receive
Program services, nor is participating in monitoring or
surveillance practices a condition while receiving Program
services.
``(C) Recipient organizations.--The Program shall provide
funding to local government entities and private nonprofit
organizations to provide medium-term services to eligible
arrivals who have been processed and released into the United
States by the Department of Homeland Security, including--
``(i) housing transition, rental, and utility assistance
programs;
``(ii) medical and mental health care or insurance for such
care;
``(iii) child care, child care assistance programs, and
out-of-school programming;
``(iv) workforce development, job training, English
language training, paid apprenticeships, work study, and loan
programs;
``(v) local public transportation support;
``(vi) interpretation and translation services;
``(vii) legal services, particularly services supporting
applications for work authorization, asylum, and other types
of humanitarian relief;
``(viii) programs, including case management and social
work services, to provide support to individuals accessing
and navigating available assistance and services;
``(ix) voluntary, coordinated relocation service; and
``(x) other eligible services, as determined by the
Director.
``(5) Local new arrival services boards.--
``(A) Community identification.--The Director shall
identify, in accordance with criteria to be established by
the Board, communities throughout the United States where
eligible arrivals are residing.
``(B) Establishment; designation.--Each community
designated pursuant to subparagraph (A) desiring a grant
under paragraph (7) shall--
``(i) establish a local new arrival services board
(referred to in this paragraph as a `local board'); or
``(ii) at the discretion of the Director, appoint an
existing substantially similar board to carry out the
functions of a local board.
``(C) Membership.--Each local board shall consist of--
``(i) the head of a unit of local government within such
community, or of a relevant department of such local
government;
``(ii) to the extent practicable, representatives of the
organizations that are represented on the Board;
``(iii) representatives of other local, private nonprofit
organizations, as appropriate;
``(iv) representatives of ethnic and community-based
organizations; and
``(v) an asylum seeker or parolee being served by the
Program.
``(D) Chairperson.--Each local board established pursuant
to subparagraph (B) shall elect a chairperson from among its
members.
``(E) Responsibilities.--Each local board established
pursuant to subparagraph (B) shall--
``(i) determine which local government entities or private
nonprofit organizations are eligible to receive grants to
provide the services referred to in paragraph (4)(C);
``(ii) allocate available Federal funding among the
entities and organizations referred to in clause (i);
``(iii) monitor recipient service providers for Program
compliance;
``(iv) reallocate Federal funding among service providers
whenever a particular service provider fails to substantially
comply with Program requirements;
``(v) ensure proper reporting to the Board; and
``(vi) coordinate with other Federal, State, and local
government assistance programs available in the community.
``(6) Eligible services.--
``(A) In general.--The Director, in consultation with the
Board, shall annually establish guidelines specifying which
services for eligible arrivals may be funded under the
Program, which may include--
``(i) noncustodial housing services, including rental and
utility assistance;
``(ii) cultural orientation training;
``(iii) culturally competent interpretation and translation
services;
``(iv) workforce development services, including education,
employment, and training services, work study, loan programs,
and childcare support;
``(v) immigration-related legal services, including
preparation and practice;
``(vi) referral and case management services;
``(vii) medical and mental health services or insurance for
such services;
``(viii) local public transportation support;
``(ix) voluntary, coordinated relocation services; and
``(x) other eligible services, as determined by the
Director.
``(B) Publication.--The Director shall annually publish the
guidelines established pursuant to subparagraph (A) in the
Federal Register before the first day of the fiscal year
during which they will take effect.
``(7) Grants authorized.--
``(A) Competitive grants.--The Director, after considering
recommendation from the Board, may award competitive grants
to communities identified pursuant to paragraph (5)(A) which
have established a local new arrival services board to
provide services to eligible arrivals who are residing in
such communities. The allocation of available Federal funding
among such communities shall be based on a formula developed
by the Office. Grant funds allocated to a community pursuant
to this subparagraph shall be disbursed to government human
services agencies and local nonprofit organizations that have
successfully provided human and social services in accordance
with Federal, State, and local requirements, as applicable.
``(B) Federal block grants.--A portion of the Federal
funding made available to carry out this subsection shall be
reserved for Federal block grants to communities. Communities
receiving funding under this subparagraph shall match every
$1 of Federal funding with $1 of non-Federal funding.
[[Page S147]]
``(C) Purpose of grants.--The primary purpose of the grants
awarded pursuant to subparagraph (A) or (B) shall be to
increase the capacity of grant recipients to provide medium-
term services and other service navigation assistance to new
arrivals to attain self-sufficiency.
``(D) Recommendations.--In making the determination for
funding levels for grants under this subsection, the Director
shall consider the funding levels recommendations from the
Board. If the Director disagrees with such recommendations,
the Director shall submit a report to the Board that explains
the reasons for rejecting such recommendations.
``(E) Eligible entities.--An entity is eligible to receive
a grant under this subsection if the entity is--
``(i) a local government, an Indian Tribe, or a nonprofit
organization (as such terms are defined in section 200.1 of
title 2, Code of Federal Regulations);
``(ii) a State of the United States, the District of
Columbia, or the Commonwealth of Puerto Rico;
``(iii) any agency or instrumentality of a governmental
entity listed in clause (ii) (excluding local governments);
or
``(iv) physically located in a State, the District of
Columbia, or a territory of the United States.
``(8) Administrative procedures act.--When issuing
guidelines to carry out this subsection, including setting
eligibility requirements and making program changes, the
Director shall not be subject to the procedural rulemaking
requirements set forth in subchapter II of chapter 5, and
chapter 7, of title 5, United States Code (commonly known as
the `Administrative Procedures Act').
``(9) Authorization of appropriations.--There is authorized
to be appropriated, for each of the fiscal years 2025 through
2028, $3,000,000,000 to carry out the Program.''.
______
SA 30. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
Beginning on page 3, strike line 9 and all that follows
through page 8, line 10.
______
SA 31. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
At the end, add the following:
SEC. 4. CLARIFICATION WITH RESPECT TO ALIENS UNDER 18 YEARS
OF AGE.
Section 236(c) of the Immigration and Nationality Act (8
U.S.C. 1226(c)), as amended by this Act, is further amended
by adding at the end the following:
``(5) Exclusion.--An alien who is or was 18 years of age or
younger on the date on which the alien is or was charged
with, is or was arrested for, is or was convicted of, admits
or admitted to having committed, or admits or admitted
committing acts which constitute the essential elements of an
offense described in paragraph (1)(E) shall not be subject to
detention or custody under that paragraph.''.
______
SA 32. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of the bill, add the following:
SEC. 4. ANNUAL PUBLIC REPORT.
The Director of U.S. Immigration and Customs Enforcement
shall annually compile and publish, on a publicly accessible
website, a report identifying the Federal costs, for the 12-
month period preceding such publication, relating to the
implementation of section 236(c)(1)(E) of the Immigration and
Nationality Act, as added by section 2(1)(C), including--
(1) the additional costs associated with private prison
contracts; and
(2) the best estimates of the additional profit private
prisons have made as a result of such implementation.
______
SA 33. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
On page 2, line 21, strike ``and''.
On page 3, line 8, strike the period at the end and insert
``; and''.
On page 3, between lines 8 and 9, insert the following:
(4) by inserting after paragraph (4) the following:
``(5) Exception.--Paragraph (1)(E) shall not apply with
respect to the following individuals:
``(A) An individual who arrived in the United States before
the age of 16.
``(B) An individual granted relief under the deferred
action for childhood arrivals program described in the
memorandum of the Department of Homeland Security entitled
`Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children' issued
on June 15, 2012 (commonly known as the `DACA program').''.
On page 4, strike lines 19 through 21 and insert the
following:
``(f) Enforcement by Attorney General of a State.--
``(1) In general.--The attorney general of a State, or
other authorized State officer, alleging an action or
decision by the
On page 5, line 10, strike the period at the end.
On page 5, between lines 10 and 11, insert the following:
``(2) Exception.--Paragraph (1) shall not apply with
respect to any action or decision by the Attorney General or
Secretary of Homeland Security to release or grant bond or
parole to any alien who--
``(A) arrived in the United States before the age of 16; or
``(B) was granted relief under the DACA program.''.
______
SA 34. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
On page 2, line 21, strike ``and''.
On page 3, line 8, strike the period at the end and insert
``; and''.
On page 3, between lines 8 and 9, insert the following:
(4) by inserting after paragraph (4) the following:
``(5) Exception.--Paragraphs (1)(E) and (3) shall not apply
if the detention of the alien would result in the separation
of an individual under the age of 16 from their parent.''.
______
SA 35. Mr. DURBIN (for himself and Mr. Blumenthal) submitted an
amendment intended to be proposed by him to the bill S. 5, to require
the Secretary of Homeland Security to take into custody aliens who have
been charged in the United States with theft, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. 4. PROTECTION FOR IMMIGRANTS BROUGHT TO THE UNITED
STATES AS CHILDREN.
Section 236(c) of the Immigration and Nationality Act (8
U.S.C. 1226(c)), as amended by this Act, is further amended
by adding at the end the following:
``(5) Protection for immigrants brought to the united
states as children.--
``(A) In general.--A custody determination under paragraph
(1)(E) shall not be a basis to terminate a grant of deferred
action pursuant to--
``(i) the memorandum of the Department of Homeland Security
entitled `Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children' issued
on June 15, 2012; or
``(ii) the final rule of the Department of Homeland
Security entitled `Deferred Action for Childhood Arrivals'
(87 Fed. Reg. 53152 (August 30, 2022)).
``(B) Custody.--Aliens who meet the requirements for
deferred action pursuant to the final rule of the Department
of Homeland Security entitled `Deferred Action for Childhood
Arrivals' (87 Fed. Reg. 53152 (August 30, 2022)) shall not be
subject to paragraphs (1)(E) and (3).
``(C) Rule of construction.--Nothing in this paragraph may
be construed--
``(i) to prevent the termination of a grant of deferred
action for criminal conduct that would otherwise render an
individual ineligible for deferred action under the policies
and regulations described in subparagraph (A); or
``(ii) to modify requirements relating to enforcement for
criminal conduct that would subject an alien to custody or
removal pursuant to any other provision of this Act.''.
______
SA 36. Mr. DURBIN (for himself, Mr. Padilla, Ms. Cortez Masto, Mr.
Hickenlooper, Mr. Wyden, Mr. Van Hollen, Mr. Peters, Ms. Baldwin, Mr.
Blumenthal, Mr. Kaine, Mr. Schiff, and Mr. Booker) submitted an
amendment intended to be proposed by him to the bill S. 5, to require
the Secretary of Homeland Security to take into custody aliens who have
been charged in the United States with theft, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
[[Page S148]]
DIVISION B--AMERICAN DREAM AND PROMISE ACT OF 2025
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``American Dream and Promise Act of 2025''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION B--AMERICAN DREAM AND PROMISE ACT OF 2025
Sec. 1. Short title; table of contents.
TITLE I--DREAM ACT OF 2025
Sec. 101. Short title.
Sec. 102. Permanent resident status on a conditional basis for certain
long-term residents who entered the United States as
children.
Sec. 103. Terms of permanent resident status on a conditional basis.
Sec. 104. Removal of conditional basis of permanent resident status.
Sec. 105. Restoration of State option to determine residency for
purposes of higher education benefits.
TITLE II--AMERICAN PROMISE ACT OF 2025
Sec. 201. Short title.
Sec. 202. Adjustment of status for certain nationals of certain
countries designated for temporary protected status or
deferred enforced departure.
Sec. 203. Clarification.
TITLE III--GENERAL PROVISIONS
Sec. 301. Definitions.
Sec. 302. Submission of biometric and biographic data; background
checks.
Sec. 303. Limitation on removal; application and fee exemption; and
other conditions on eligible individuals.
Sec. 304. Determination of continuous presence and residence.
Sec. 305. Exemption from numerical limitations.
Sec. 306. Availability of administrative and judicial review.
Sec. 307. Documentation requirements.
Sec. 308. Rulemaking.
Sec. 309. Confidentiality of information.
Sec. 310. Grant program to assist eligible applicants.
Sec. 311. Provisions affecting eligibility for adjustment of status.
Sec. 312. Supplementary surcharge for appointed counsel.
Sec. 313. Annual report on provisional denial authority.
TITLE I--DREAM ACT OF 2025
SEC. 101. SHORT TITLE.
This title may be cited as the ``Dream Act of 2025''.
SEC. 102. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS
FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.
(a) Conditional Basis for Status.--Notwithstanding any
other provision of law, and except as provided in section
104(c)(2), an alien shall be considered, at the time of
obtaining the status of an alien lawfully admitted for
permanent residence under this section, to have obtained such
status on a conditional basis subject to the provisions of
this title.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary or the Attorney General shall adjust to
the status of an alien lawfully admitted for permanent
residence on a conditional basis, or without the conditional
basis as provided in section 104(c)(2), an alien who is
inadmissible or deportable from the United States, is subject
to a grant of Deferred Enforced Departure, has temporary
protected status under section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a), or is the son or daughter
of an alien admitted as a nonimmigrant under subparagraph
(E)(i), (E)(ii), (H)(i)(b), or (L) of section 101(a)(15) of
such Act (8 U.S.C. 1101(a)(15)) if--
(A) the alien has been continuously physically present in
the United States since January 1, 2021;
(B) the alien was 18 years of age or younger on the date on
which the alien entered the United States and has
continuously resided in the United States since such entry;
(C) the alien--
(i) subject to paragraph (2), is not inadmissible under
paragraph (1), (6)(E), (6)(G), (8), or (10) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a));
(ii) has not ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion; and
(iii) is not barred from adjustment of status under this
title based on the criminal and national security grounds
described under subsection (c), subject to the provisions of
such subsection; and
(D) the alien--
(i) has been admitted to an institution of higher
education;
(ii) has been admitted to an area career and technical
education school at the postsecondary level;
(iii) in the United States, has obtained--
(I) a high school diploma or a commensurate alternative
award from a public or private high school;
(II) a General Education Development credential, a high
school equivalency diploma recognized under State law, or
another similar State-authorized credential;
(III) a credential or certificate from an area career and
technical education school at the secondary level; or
(IV) a recognized postsecondary credential; or
(iv) is enrolled in secondary school or in an education
program assisting students in--
(I) obtaining a high school diploma or its recognized
equivalent under State law;
(II) passing the General Education Development test, a high
school equivalence diploma examination, or other similar
State-authorized exam;
(III) obtaining a certificate or credential from an area
career and technical education school providing education at
the secondary level; or
(IV) obtaining a recognized postsecondary credential.
(2) Waiver of grounds of inadmissibility.--With respect to
any benefit under this title, and in addition to the waivers
under subsection (c)(2), the Secretary may waive the grounds
of inadmissibility under paragraph (1), (6)(E), (6)(G), or
(10)(D) of section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family
unity, or because the waiver is otherwise in the public
interest.
(3) Application fee.--
(A) In general.--The Secretary may, subject to an exemption
under section 303(c), require an alien applying under this
section to pay a reasonable fee that is commensurate with the
cost of processing the application but does not exceed
$495.00.
(B) Special procedures for applicants with daca.--The
Secretary shall establish a streamlined procedure for aliens
who have been granted DACA and who meet the requirements for
renewal (under the terms of the program in effect on January
1, 2017) to apply for adjustment of status to that of an
alien lawfully admitted for permanent residence on a
conditional basis under this section, or without the
conditional basis as provided in section 104(c)(2). Such
procedure shall not include a requirement that the applicant
pay a fee, except that the Secretary may require an applicant
who meets the requirements for lawful permanent residence
without the conditional basis under section 104(c)(2) to pay
a fee that is commensurate with the cost of processing the
application, subject to the exemption under section 303(c).
(4) Background checks.--The Secretary may not grant an
alien permanent resident status on a conditional basis under
this section until the requirements of section 302 are
satisfied.
(5) Military selective service.--An alien applying for
permanent resident status on a conditional basis under this
section, or without the conditional basis as provided in
section 104(c)(2), shall establish that the alien has
registered under the Military Selective Service Act (50
U.S.C. 3801 et seq.), if the alien is subject to registration
under such Act.
(c) Criminal and National Security Bars.--
(1) Grounds of ineligibility.--Except as provided in
paragraph (2), an alien is ineligible for adjustment of
status under this title (whether on a conditional basis or
without the conditional basis as provided in section
104(c)(2)) if any of the following apply:
(A) The alien is inadmissible under paragraph (2) or (3) of
section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)).
(B) Excluding any offense under State law for which an
essential element is the alien's immigration status, and any
minor traffic offense, the alien has been convicted of--
(i) any felony offense;
(ii) three or more misdemeanor offenses (excluding simple
possession of cannabis or cannabis-related paraphernalia, any
offense involving cannabis or cannabis-related paraphernalia
which is no longer prosecutable in the State in which the
conviction was entered, and any offense involving civil
disobedience without violence) not occurring on the same
date, and not arising out of the same act, omission, or
scheme of misconduct; or
(iii) a misdemeanor offense of domestic violence, unless
the alien demonstrates that such crime is related to the
alien having been--
(I) a victim of domestic violence, sexual assault,
stalking, child abuse or neglect, abuse or neglect in later
life, or human trafficking;
(II) battered or subjected to extreme cruelty; or
(III) a victim of criminal activity described in section
101(a)(15)(U)(iii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(U)(iii)).
(2) Waivers for certain misdemeanors.--For humanitarian
purposes, family unity, or if otherwise in the public
interest, the Secretary may--
(A) waive the grounds of inadmissibility under
subparagraphs (A), (C), and (D) of section 212(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless
the conviction forming the basis for inadmissibility would
otherwise render the alien ineligible under paragraph (1)(B)
(subject to subparagraph (B)); and
(B) for purposes of clauses (ii) and (iii) of paragraph
(1)(B), waive consideration of--
(i) one misdemeanor offense if the alien has not been
convicted of any offense in the 5-year period preceding the
date on which the alien applies for adjustment of status
under this title; or
[[Page S149]]
(ii) up to two misdemeanor offenses if the alien has not
been convicted of any offense in the 10-year period preceding
the date on which the alien applies for adjustment of status
under this title.
(3) Authority to conduct secondary review.--
(A) In general.--Notwithstanding an alien's eligibility for
adjustment of status under this title, and subject to the
procedures described in this paragraph, the Secretary may, as
a matter of non-delegable discretion, provisionally deny an
application for adjustment of status (whether on a
conditional basis or without the conditional basis as
provided in section 104(c)(2)) if the Secretary, based on
clear and convincing evidence, which shall include credible
law enforcement information, determines that the alien is
described in subparagraph (B) or (D).
(B) Public safety.--An alien is described in this
subparagraph if--
(i) excluding simple possession of cannabis or cannabis-
related paraphernalia, any offense involving cannabis or
cannabis-related paraphernalia which is no longer
prosecutable in the State in which the conviction was
entered, any offense under State law for which an essential
element is the alien's immigration status, any offense
involving civil disobedience without violence, and any minor
traffic offense, the alien--
(I) has been convicted of a misdemeanor offense punishable
by a term of imprisonment of more than 30 days; or
(II) has been adjudicated delinquent in a State or local
juvenile court proceeding that resulted in a disposition
ordering placement in a secure facility; and
(ii) the alien poses a significant and continuing threat to
public safety related to such conviction or adjudication.
(C) Public safety determination.--For purposes of
subparagraph (B)(ii), the Secretary shall consider the
recency of the conviction or adjudication; the length of any
imposed sentence or placement; the nature and seriousness of
the conviction or adjudication, including whether the
elements of the offense include the unlawful possession or
use of a deadly weapon to commit an offense or other conduct
intended to cause serious bodily injury; and any mitigating
factors pertaining to the alien's role in the commission of
the offense.
(D) Gang participation.--An alien is described in this
subparagraph if the alien has, within the 5 years immediately
preceding the date of the application, knowingly, willfully,
and voluntarily participated in offenses committed by a
criminal street gang (as described in subsections (a) and (c)
of section 521 of title 18, United States Code) with the
intent to promote or further the commission of such offenses.
(E) Evidentiary limitation.--For purposes of subparagraph
(D), allegations of gang membership obtained from a State or
Federal in-house or local database, or a network of databases
used for the purpose of recording and sharing activities of
alleged gang members across law enforcement agencies, shall
not establish the participation described in such paragraph.
(F) Notice.--
(i) In general.--Prior to rendering a discretionary
decision under this paragraph, the Secretary shall provide
written notice of the intent to provisionally deny the
application to the alien (or the alien's counsel of record,
if any) by certified mail and, if an electronic mail address
is provided, by electronic mail (or other form of electronic
communication). Such notice shall--
(I) articulate with specificity all grounds for the
preliminary determination, including the evidence relied upon
to support the determination; and
(II) provide the alien with not less than 90 days to
respond.
(ii) Second notice.--Not more than 30 days after the
issuance of the notice under clause (i), the Secretary shall
provide a second written notice that meets the requirements
of such clause.
(iii) Notice not received.--Notwithstanding any other
provision of law, if an applicant provides good cause for not
contesting a provisional denial under this paragraph,
including a failure to receive notice as required under this
subparagraph, the Secretary shall, upon a motion filed by the
alien, reopen an application for adjustment of status under
this title and allow the applicant an opportunity to respond,
consistent with clause (i)(II).
(G) Judicial review of a provisional denial.--
(i) In general.--Notwithstanding any other provision of
law, if, after notice and the opportunity to respond under
subparagraph (F), the Secretary provisionally denies an
application for adjustment of status under this division, the
alien shall have 60 days from the date of the Secretary's
determination to seek review of such determination in an
appropriate United States district court.
(ii) Scope of review and decision.--Notwithstanding any
other provision of law, review under paragraph (1) shall be
de novo and based solely on the administrative record, except
that the applicant shall be given the opportunity to
supplement the administrative record and the Secretary shall
be given the opportunity to rebut the evidence and arguments
raised in such submission. Upon issuing its decision, the
court shall remand the matter, with appropriate instructions,
to the Department of Homeland Security to render a final
decision on the application.
(iii) Appointed counsel.--Notwithstanding any other
provision of law, an applicant seeking judicial review under
clause (i) shall be represented by counsel. Upon the request
of the applicant, counsel shall be appointed for the
applicant, in accordance with procedures to be established by
the Attorney General within 90 days of the date of the
enactment of this Act, and shall be funded in accordance with
fees collected and deposited in the Immigration Counsel
Account under section 312.
(4) Definitions.--For purposes of this subsection--
(A) the term ``felony offense'' means an offense under
Federal or State law that is punishable by a maximum term of
imprisonment of more than 1 year;
(B) the term ``misdemeanor offense'' means an offense under
Federal or State law that is punishable by a term of
imprisonment of more than 5 days but not more than 1 year;
and
(C) the term ``crime of domestic violence'' means any
offense that has as an element the use, attempted use, or
threatened use of physical force against a person committed
by a current or former spouse of the person, by an individual
with whom the person shares a child in common, by an
individual who is cohabiting with or has cohabited with the
person as a spouse, by an individual similarly situated to a
spouse of the person under the domestic or family violence
laws of the jurisdiction where the offense occurs, or by any
other individual against a person who is protected from that
individual's acts under the domestic or family violence laws
of the United States or any State, Indian Tribal government,
or unit of local government.
(d) Limitation on Removal of Certain Alien Minors.--An
alien who is 18 years of age or younger and meets the
requirements under subparagraphs (A), (B), and (C) of
subsection (b)(1) shall be provided a reasonable opportunity
to meet the educational requirements under subparagraph (D)
of such subsection. The Attorney General or the Secretary may
not commence or continue with removal proceedings against
such an alien.
(e) Withdrawal of Application.--The Secretary shall, upon
receipt of a request to withdraw an application for
adjustment of status under this section, cease processing of
the application, and close the case. Withdrawal of the
application under this subsection shall not prejudice any
future application filed by the applicant for any immigration
benefit under this title or under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 103. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL
BASIS.
(a) Period of Status.--Permanent resident status on a
conditional basis is--
(1) valid for a period of 10 years, unless such period is
extended by the Secretary; and
(2) subject to revocation under subsection (c).
(b) Notice of Requirements.--At the time an alien obtains
permanent resident status on a conditional basis, the
Secretary shall provide notice to the alien regarding the
provisions of this title and the requirements to have the
conditional basis of such status removed.
(c) Revocation of Status.--The Secretary may revoke the
permanent resident status on a conditional basis of an alien
only if the Secretary--
(1) determines that the alien ceases to meet the
requirements under section 102(b)(1)(C); and
(2) prior to the revocation, provides the alien--
(A) notice of the proposed revocation; and
(B) the opportunity for a hearing to provide evidence that
the alien meets such requirements or otherwise to contest the
proposed revocation.
(d) Return to Previous Immigration Status.--An alien whose
permanent resident status on a conditional basis expires
under subsection (a)(1) or is revoked under subsection (c),
shall return to the immigration status that the alien had
immediately before receiving permanent resident status on a
conditional basis.
SEC. 104. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT
STATUS.
(a) Eligibility for Removal of Conditional Basis.--
(1) In general.--Subject to paragraph (2), the Secretary
shall remove the conditional basis of an alien's permanent
resident status granted under this title and grant the alien
status as an alien lawfully admitted for permanent residence
if the alien--
(A) is described in section 102(b)(1)(C);
(B) has not abandoned the alien's residence in the United
States during the period in which the alien has permanent
resident status on a conditional basis; and
(C)(i) has obtained a degree from an institution of higher
education, or has completed at least 2 years, in good
standing, of a program in the United States leading to a
bachelor's degree or higher degree or a recognized
postsecondary credential from an area career and technical
education school providing education at the postsecondary
level;
(ii) has served in the Uniformed Services for at least 2
years and, if discharged, received an honorable discharge; or
(iii) demonstrates earned income for periods totaling at
least 3 years and at least 75 percent of the time that the
alien has had a valid employment authorization, except that,
in the case of an alien who was enrolled in an institution of
higher education, an area
[[Page S150]]
career and technical education school to obtain a recognized
postsecondary credential, or an education program described
in section 102(b)(1)(D)(iii), the Secretary shall reduce such
total 3-year requirement by the total of such periods of
enrollment.
(2) Hardship exception.--The Secretary shall remove the
conditional basis of an alien's permanent resident status and
grant the alien status as an alien lawfully admitted for
permanent residence if the alien--
(A) satisfies the requirements under subparagraphs (A) and
(B) of paragraph (1);
(B) demonstrates compelling circumstances for the inability
to satisfy the requirements under subparagraph (C) of such
paragraph; and
(C) demonstrates that--
(i) the alien has a disability;
(ii) the alien is a full-time caregiver; or
(iii) the removal of the alien from the United States would
result in hardship to the alien or the alien's spouse,
parent, or child who is a national of the United States or is
lawfully admitted for permanent residence.
(3) Citizenship requirement.--
(A) In general.--Except as provided in subparagraph (B),
the conditional basis of an alien's permanent resident status
granted under this title may not be removed unless the alien
demonstrates that the alien satisfies the requirements under
section 312(a) of the Immigration and Nationality Act (8
U.S.C. 1423(a)).
(B) Exception.--Subparagraph (A) shall not apply to an
alien who is unable to meet the requirements under such
section 312(a) due to disability.
(4) Application fee.--The Secretary may, subject to an
exemption under section 303(c), require aliens applying for
removal of the conditional basis of an alien's permanent
resident status under this section to pay a reasonable fee
that is commensurate with the cost of processing the
application.
(5) Background checks.--The Secretary may not remove the
conditional basis of an alien's permanent resident status
until the requirements of section 302 are satisfied.
(b) Treatment for Purposes of Naturalization.--
(1) In general.--For purposes of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an
alien granted permanent resident status on a conditional
basis shall be considered to have been admitted to the United
States, and be present in the United States, as an alien
lawfully admitted for permanent residence.
(2) Limitation on application for naturalization.--An alien
may not apply for naturalization while the alien is in
permanent resident status on a conditional basis.
(c) Timing of Approval of Lawful Permanent Resident
Status.--
(1) In general.--An alien granted permanent resident status
on a conditional basis under this title may apply to have
such conditional basis removed at any time after such alien
has met the eligibility requirements set forth in subsection
(a).
(2) Approval with regard to initial applications.--
(A) In general.--Notwithstanding any other provision of
law, the Secretary or the Attorney General shall adjust to
the status of an alien lawfully admitted for permanent
resident status without conditional basis, any alien who--
(i) demonstrates eligibility for lawful permanent residence
status on a conditional basis under section 102(b); and
(ii) subject to the exceptions described in subsections
(a)(2) and (a)(3)(B) of this section, already has fulfilled
the requirements of paragraphs (1) and (3) of subsection (a)
of this section at the time such alien first submits an
application for benefits under this title.
(B) Background checks.--Subsection (a)(5) shall apply to an
alien seeking lawful permanent resident status without
conditional basis in an initial application in the same
manner as it applies to an alien seeking removal of the
conditional basis of an alien's permanent resident status.
Section 102(b)(4) shall not be construed to require the
Secretary to conduct more than one identical security or law
enforcement background check on such an alien.
(C) Application fees.--In the case of an alien seeking
lawful permanent resident status without conditional basis in
an initial application, the alien shall pay the fee required
under subsection (a)(4), subject to the exemption allowed
under section 303(c), but shall not be required to pay the
application fee under section 102(b)(3).
SEC. 105. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY
FOR PURPOSES OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall
take effect as if included in the original enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208; 110 Stat. 3009-
546).
TITLE II--AMERICAN PROMISE ACT OF 2025
SEC. 201. SHORT TITLE.
This title may be cited as the ``American Promise Act of
2025''.
SEC. 202. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF
CERTAIN COUNTRIES DESIGNATED FOR TEMPORARY
PROTECTED STATUS OR DEFERRED ENFORCED
DEPARTURE.
(a) In General.--Notwithstanding any other provision of
law, the Secretary or the Attorney General shall adjust to
the status of an alien lawfully admitted for permanent
residence, an alien described in subsection (b) if the
alien--
(1) applies for such adjustment, including submitting any
required documents under section 307, not later than 3 years
after the date of the enactment of this Act;
(2) has been continuously physically present in the United
States for a period of not less than 3 years; and
(3) subject to subsection (c), is not inadmissible under
paragraph (1), (2), (3), (6)(D), (6)(E), (6)(F), (6)(G), (8),
or (10) of section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)).
(b) Aliens Eligible for Adjustment of Status.--An alien
shall be eligible for adjustment of status under this section
if the alien is an individual--
(1) who--
(A) is a national of a foreign state (or part thereof) (or
in the case of an alien having no nationality, is a person
who last habitually resided in such state) with a designation
under subsection (b) of section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a(b)) on January 1, 2017, who
had or was otherwise eligible for temporary protected status
on such date notwithstanding subsections (c)(1)(A)(iv) and
(c)(3)(C) of such section; and
(B) has not engaged in conduct since such date that would
render the alien ineligible for temporary protected status
under section 244(c)(2) of the Immigration and Nationality
Act (8 U.S.C. 1245a(c)(2)); or
(2) who was eligible for Deferred Enforced Departure as of
January 20, 2021, and has not engaged in conduct since that
date that would render the alien ineligible for Deferred
Enforced Departure.
(c) Waiver of Grounds of Inadmissibility.--
(1) In general.--Except as provided in paragraph (2), with
respect to any benefit under this title, and in addition to
any waivers that are otherwise available, the Secretary may
waive the grounds of inadmissibility under paragraph (1),
subparagraphs (A), (C), and (D) of paragraph (2),
subparagraphs (D) through (G) of paragraph (6), or paragraph
(10)(D) of section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family
unity, or because the waiver is otherwise in the public
interest.
(2) Exception.--The Secretary may not waive a ground
described in paragraph (1) if such inadmissibility is based
on a conviction or convictions, and such conviction or
convictions would otherwise render the alien ineligible under
section 244(c)(2)(B) of the Immigration and Nationality Act
(8 U.S.C. 1254a(c)(2)(B)).
(d) Application.--
(1) Fee.--The Secretary shall, subject to an exemption
under section 303(c), require an alien applying for
adjustment of status under this section to pay a reasonable
fee that is commensurate with the cost of processing the
application, but does not exceed $1,140.
(2) Background checks.--The Secretary may not grant an
alien permanent resident status on a conditional basis under
this section until the requirements of section 302 are
satisfied.
(3) Withdrawal of application.--The Secretary of Homeland
Security shall, upon receipt of a request to withdraw an
application for adjustment of status under this section,
cease processing of the application and close the case.
Withdrawal of the application under this subsection shall not
prejudice any future application filed by the applicant for
any immigration benefit under this title or under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 203. CLARIFICATION.
Section 244(f)(4) of the Immigration and Nationality Act (8
U.S.C. 1254a(f)(4)) is amended by inserting after
``considered'' the following: ``as having been inspected and
admitted into the United States, and''.
TITLE III--GENERAL PROVISIONS
SEC. 301. DEFINITIONS.
(a) In General.--In this division:
(1) In general.--Except as otherwise specifically provided,
any term used in this division that is used in the
immigration laws shall have the meaning given such term in
the immigration laws.
(2) Appropriate united states district court.--The term
``appropriate United States district court'' means the United
States District Court for the District of Columbia or the
United States district court with jurisdiction over the
alien's principal place of residence.
(3) Area career and technical education school.--The term
``area career and technical education school'' has the
meaning given such term in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(4) DACA.--The term ``DACA'' means deferred action granted
to an alien pursuant to the Deferred Action for Childhood
Arrivals policy announced by the Secretary of Homeland
Security on June 15, 2012.
(5) Disability.--The term ``disability'' has the meaning
given such term in section 3(1) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(1)).
(6) Federal poverty line.--The term ``Federal poverty
line'' has the meaning given such term in section 213A(h) of
the Immigration and Nationality Act (8 U.S.C. 1183a).
[[Page S151]]
(7) High school; secondary school.--The terms ``high
school'' and ``secondary school'' have the meanings given
such terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(8) 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)).
(9) Institution of higher education.--The term
``institution of higher education''--
(A) except as provided in subparagraph (B), has the meaning
given such term in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002); and
(B) does not include an institution of higher education
outside of the United States.
(10) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' has the meaning given
such term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(11) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(12) Uniformed services.--The term ``Uniformed Services''
has the meaning given the term ``uniformed services'' in
section 101(a) of title 10, United States Code.
(b) Treatment of Expunged Convictions.--For purposes of
adjustment of status under this division, the terms
``convicted'' and ``conviction'', as used in this division
and in sections 212 and 244 of the Immigration and
Nationality Act (8 U.S.C. 1182, 1254a), do not include a
judgment that has been expunged or set aside, that resulted
in a rehabilitative disposition, or the equivalent.
SEC. 302. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA;
BACKGROUND CHECKS.
(a) Submission of Biometric and Biographic Data.--The
Secretary may not grant an alien adjustment of status under
this division, on either a conditional or permanent basis,
unless the alien submits biometric and biographic data, in
accordance with procedures established by the Secretary. The
Secretary shall provide an alternative procedure for aliens
who are unable to provide such biometric or biographic data
because of a physical impairment.
(b) Background Checks.--The Secretary shall use biometric,
biographic, and other data that the Secretary determines
appropriate to conduct security and law enforcement
background checks and to determine whether there is any
criminal, national security, or other factor that would
render the alien ineligible for adjustment of status under
this division, on either a conditional or permanent basis.
The status of an alien may not be adjusted, on either a
conditional or permanent basis, unless security and law
enforcement background checks are completed to the
satisfaction of the Secretary.
SEC. 303. LIMITATION ON REMOVAL; APPLICATION AND FEE
EXEMPTION; AND OTHER CONDITIONS ON ELIGIBLE
INDIVIDUALS.
(a) Limitation on Removal.--An alien who appears to be
prima facie eligible for relief under this division shall be
given a reasonable opportunity to apply for such relief and
may not be removed until, subject to section 306(c)(2), a
final decision establishing ineligibility for relief is
rendered.
(b) Application.--An alien present in the United States who
has been ordered removed or has been permitted to depart
voluntarily from the United States may, notwithstanding such
order or permission to depart, apply for adjustment of status
under this division. Such alien shall not be required to file
a separate motion to reopen, reconsider, or vacate the order
of removal. If the Secretary approves the application, the
Secretary shall cancel the order of removal. If the Secretary
renders a final administrative decision to deny the
application, the order of removal or permission to depart
shall be effective and enforceable to the same extent as if
the application had not been made, only after all available
administrative and judicial remedies have been exhausted.
(c) Fee Exemption.--An applicant may be exempted from
paying an application fee required under this division if the
applicant--
(1) is 18 years of age or younger;
(2) received total income, during the 12-month period
immediately preceding the date on which the applicant files
an application under this division, that is less than 150
percent of the Federal poverty line;
(3) is in foster care or otherwise lacks any parental or
other familial support; or
(4) cannot care for himself or herself because of a
serious, chronic disability.
(d) Advance Parole.--During the period beginning on the
date on which an alien applies for adjustment of status under
this division and ending on the date on which the Secretary
makes a final decision regarding such application, the alien
shall be eligible to apply for advance parole. Section 101(g)
of the Immigration and Nationality Act (8 U.S.C. 1101(g))
shall not apply to an alien granted advance parole under this
division.
(e) Employment.--An alien whose removal is stayed pursuant
to this division, who may not be placed in removal
proceedings pursuant to this Act, or who has pending an
application under this division, shall, upon application to
the Secretary, be granted an employment authorization
document.
SEC. 304. DETERMINATION OF CONTINUOUS PRESENCE AND RESIDENCE.
(a) Effect of Notice To Appear.--Any period of continuous
physical presence or continuous residence in the United
States of an alien who applies for permanent resident status
under this division (whether on a conditional basis or
without the conditional basis as provided in section
104(c)(2)) shall not terminate when the alien is served a
notice to appear under section 239(a) of the Immigration and
Nationality Act (8 U.S.C. 1229(a)).
(b) Treatment of Certain Breaks in Presence or Residence.--
(1) In general.--Except as provided in paragraphs (2) and
(3), an alien shall be considered to have failed to
maintain--
(A) continuous physical presence in the United States under
this division if the alien has departed from the United
States for any period exceeding 90 days or for any periods,
in the aggregate, exceeding 180 days; and
(B) continuous residence in the United States under this
division if the alien has departed from the United States for
any period exceeding 180 days, unless the alien establishes
to the satisfaction of the Secretary of Homeland Security
that the alien did not in fact abandon residence in the
United States during such period.
(2) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in paragraph
(1) for an alien who demonstrates that the failure to timely
return to the United States was due to extenuating
circumstances beyond the alien's control, including--
(A) the serious illness of the alien;
(B) death or serious illness of a parent, grandparent,
sibling, or child of the alien;
(C) processing delays associated with the application
process for a visa or other travel document; or
(D) restrictions on international travel due to the public
health emergency declared by the Secretary of Health and
Human Services under section 319 of the Public Health Service
Act (42 U.S.C. 247d) with respect to COVID-19.
(3) Travel authorized by the secretary.--Any period of
travel outside of the United States by an alien that was
authorized by the Secretary may not be counted toward any
period of departure from the United States under paragraph
(1).
(c) Waiver of Physical Presence.--With respect to aliens
who were removed or departed the United States on or after
January 20, 2017, and who were continuously physically
present in the United States for at least 4 years prior to
such removal or departure, the Secretary may, as a matter of
discretion, waive the physical presence requirement under
section 102(b)(1)(A) or section 202(a)(2) for humanitarian
purposes, for family unity, or because a waiver is otherwise
in the public interest. The Secretary, in consultation with
the Secretary of State, shall establish a procedure for such
aliens to apply for relief under section 102 or 202 from
outside the United States if they would have been eligible
for relief under such section, but for their removal or
departure.
SEC. 305. EXEMPTION FROM NUMERICAL LIMITATIONS.
Nothing in this division or in any other law may be
construed to apply a numerical limitation on the number of
aliens who may be granted permanent resident status under
this division (whether on a conditional basis, or without the
conditional basis as provided in section 104(c)(2)).
SEC. 306. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review.--Not later than 30 days after
the date of the enactment of this Act, the Secretary shall
provide to aliens who have applied for adjustment of status
under this division a process by which an applicant may seek
administrative appellate review of a denial of an application
for adjustment of status, or a revocation of such status.
(b) Judicial Review.--Except as provided in subsection (c),
and notwithstanding any other provision of law, an alien may
seek judicial review of a denial of an application for
adjustment of status, or a revocation of such status, under
this division in an appropriate United States district court.
(c) Stay of Removal.--
(1) In general.--Except as provided in paragraph (2), an
alien seeking administrative or judicial review under this
division may not be removed from the United States until a
final decision is rendered establishing that the alien is
ineligible for adjustment of status under this division.
(2) Exception.--The Secretary may remove an alien described
in paragraph (1) pending judicial review if such removal is
based on criminal or national security grounds described in
this division. Such removal shall not affect the alien's
right to judicial review under this division. The Secretary
shall promptly return a removed alien if a decision to deny
an application for adjustment of status under this division,
or to revoke such status, is reversed.
SEC. 307. DOCUMENTATION REQUIREMENTS.
(a) Documents Establishing Identity.--An alien's
application for permanent resident status under this division
(whether on a conditional basis, or without the conditional
basis as provided in section 104(c)(2)) may include, as
evidence of identity, the following:
(1) A passport or national identity document from the
alien's country of origin that includes the alien's name and
the alien's photograph or fingerprint.
(2) The alien's birth certificate and an identity card that
includes the alien's name and photograph.
(3) A school identification card that includes the alien's
name and photograph, and school records showing the alien's
name and that the alien is or was enrolled at the school.
[[Page S152]]
(4) A Uniformed Services identification card issued by the
Department of Defense.
(5) Any immigration or other document issued by the United
States Government bearing the alien's name and photograph.
(6) A State-issued identification card bearing the alien's
name and photograph.
(7) Any other evidence determined to be credible by the
Secretary.
(b) Documents Establishing Entry, Continuous Physical
Presence, Lack of Abandonment of Residence.--To establish
that an alien was 18 years of age or younger on the date on
which the alien entered the United States, and has
continuously resided in the United States since such entry,
as required under section 102(b)(1)(B), that an alien has
been continuously physically present in the United States, as
required under section 102(b)(1)(A) or 202(a)(2), or that an
alien has not abandoned residence in the United States, as
required under section 104(a)(1)(B), the alien may submit the
following forms of evidence:
(1) Passport entries, including admission stamps on the
alien's passport.
(2) Any document from the Department of Justice or the
Department of Homeland Security noting the alien's date of
entry into the United States.
(3) Records from any educational institution the alien has
attended in the United States.
(4) Employment records of the alien that include the
employer's name and contact information, or other records
demonstrating earned income.
(5) Records of service from the Uniformed Services.
(6) Official records from a religious entity confirming the
alien's participation in a religious ceremony.
(7) A birth certificate for a child who was born in the
United States.
(8) Hospital or medical records showing medical treatment
or hospitalization, the name of the medical facility or
physician, and the date of the treatment or hospitalization.
(9) Automobile license receipts or registration.
(10) Deeds, mortgages, or rental agreement contracts.
(11) Rent receipts or utility bills bearing the alien's
name or the name of an immediate family member of the alien,
and the alien's address.
(12) Tax receipts.
(13) Insurance policies.
(14) Remittance records, including copies of money order
receipts sent in or out of the country.
(15) Travel records.
(16) Dated bank transactions.
(17) Two or more sworn affidavits from individuals who are
not related to the alien who have direct knowledge of the
alien's continuous physical presence in the United States,
that contain--
(A) the name, address, and telephone number of the affiant;
and
(B) the nature and duration of the relationship between the
affiant and the alien.
(18) Any other evidence determined to be credible by the
Secretary.
(c) Documents Establishing Admission to an Institution of
Higher Education.--To establish that an alien has been
admitted to an institution of higher education, the alien may
submit to the Secretary a document from the institution of
higher education certifying that the alien--
(1) has been admitted to the institution; or
(2) is currently enrolled in the institution as a student.
(d) Documents Establishing Receipt of a Degree From an
Institution of Higher Education.--To establish that an alien
has acquired a degree from an institution of higher education
in the United States, the alien may submit to the Secretary a
diploma or other document from the institution stating that
the alien has received such a degree.
(e) Documents Establishing Receipt of a High School
Diploma, General Educational Development Credential, or a
Recognized Equivalent.--To establish that in the United
States an alien has earned a high school diploma or a
commensurate alternative award from a public or private high
school, has obtained the General Education Development
credential, or otherwise has satisfied section
102(b)(1)(D)(iii), the alien may submit to the Secretary the
following:
(1) A high school diploma, certificate of completion, or
other alternate award.
(2) A high school equivalency diploma or certificate
recognized under State law.
(3) Evidence that the alien passed a State-authorized exam,
including the General Education Development test, in the
United States.
(4) Evidence that the alien successfully completed an area
career and technical education program, such as a
certification, certificate, or similar alternate award.
(5) Evidence that the alien obtained a recognized
postsecondary credential.
(6) Any other evidence determined to be credible by the
Secretary.
(f) Documents Establishing Enrollment in an Educational
Program.--To establish that an alien is enrolled in any
school or education program described in section
102(b)(1)(D)(iv) or 104(a)(1)(C), the alien may submit school
records from the United States school that the alien is
currently attending that include--
(1) the name of the school; and
(2) the alien's name, periods of attendance, and current
grade or educational level.
(g) Documents Establishing Exemption From Application
Fees.--To establish that an alien is exempt from an
application fee under this division, the alien may submit to
the Secretary the following relevant documents:
(1) Documents to establish age.--To establish that an alien
meets an age requirement, the alien may provide proof of
identity, as described in subsection (a), that establishes
that the alien is 18 years of age or younger.
(2) Documents to establish income.--To establish the
alien's income, the alien may provide--
(A) employment records or other records of earned income,
including records that have been maintained by the Social
Security Administration, the Internal Revenue Service, or any
other Federal, State, or local government agency;
(B) bank records; or
(C) at least two sworn affidavits from individuals who are
not related to the alien and who have direct knowledge of the
alien's work and income that contain--
(i) the name, address, and telephone number of the affiant;
and
(ii) the nature and duration of the relationship between
the affiant and the alien.
(3) Documents to establish foster care, lack of familial
support, or serious, chronic disability.--To establish that
the alien is in foster care, lacks parental or familial
support, or has a serious, chronic disability, the alien may
provide at least two sworn affidavits from individuals who
are not related to the alien and who have direct knowledge of
the circumstances that contain--
(A) a statement that the alien is in foster care, otherwise
lacks any parental or other familiar support, or has a
serious, chronic disability, as appropriate;
(B) the name, address, and telephone number of the affiant;
and
(C) the nature and duration of the relationship between the
affiant and the alien.
(h) Documents Establishing Qualification for Hardship
Exemption.--To establish that an alien satisfies one of the
criteria for the hardship exemption set forth in section
104(a)(2)(C), the alien may submit to the Secretary at least
two sworn affidavits from individuals who are not related to
the alien and who have direct knowledge of the circumstances
that warrant the exemption, that contain--
(1) the name, address, and telephone number of the affiant;
and
(2) the nature and duration of the relationship between the
affiant and the alien.
(i) Documents Establishing Service in the Uniformed
Services.--To establish that an alien has served in the
Uniformed Services for at least 2 years and, if discharged,
received an honorable discharge, the alien may submit to the
Secretary--
(1) a Department of Defense form DD-214;
(2) a National Guard Report of Separation and Record of
Service form 22;
(3) personnel records for such service from the appropriate
Uniformed Service; or
(4) health records from the appropriate Uniformed Service.
(j) Documents Establishing Earned Income.--
(1) In general.--An alien may satisfy the earned income
requirement under section 104(a)(1)(C)(iii) by submitting
records that--
(A) establish compliance with such requirement; and
(B) have been maintained by the Social Security
Administration, the Internal Revenue Service, or any other
Federal, State, or local government agency.
(2) Other documents.--An alien who is unable to submit the
records described in paragraph (1) may satisfy the earned
income requirement by submitting at least two types of
reliable documents that provide evidence of employment or
other forms of earned income, including--
(A) bank records;
(B) business records;
(C) employer or contractor records;
(D) records of a labor union, day labor center, or
organization that assists workers in employment;
(E) sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the alien's
work, that contain--
(i) the name, address, and telephone number of the affiant;
and
(ii) the nature and duration of the relationship between
the affiant and the alien;
(F) remittance records; or
(G) any other evidence determined to be credible by the
Secretary.
(k) Authority To Prohibit Use of Certain Documents.--If the
Secretary determines, after publication in the Federal
Register and an opportunity for public comment, that any
document or class of documents does not reliably establish
identity or that permanent resident status under this
division (whether on a conditional basis, or without the
conditional basis as provided in section 104(c)(2)) is being
obtained fraudulently to an unacceptable degree, the
Secretary may prohibit or restrict the use of such document
or class of documents.
SEC. 308. RULEMAKING.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall publish in the
Federal Register interim final rules implementing this
division, which shall allow eligible individuals to
immediately apply for relief under this division.
Notwithstanding section 553 of
[[Page S153]]
title 5, United States Code, the regulation shall be
effective, on an interim basis, immediately upon publication,
but may be subject to change and revision after public notice
and opportunity for a period of public comment. The Secretary
shall finalize such rules not later than 180 days after the
date of publication.
(b) Paperwork Reduction Act.--The requirements under
chapter 35 of title 44, United States Code, (commonly known
as the ``Paperwork Reduction Act'') shall not apply to any
action to implement this division.
SEC. 309. CONFIDENTIALITY OF INFORMATION.
(a) In General.--The Secretary may not disclose or use
information (including information provided during
administrative or judicial review) provided in applications
filed under this division or in requests for DACA for the
purpose of immigration enforcement.
(b) Referrals Prohibited.--The Secretary, based solely on
information provided in an application for adjustment of
status under this division (including information provided
during administrative or judicial review) or an application
for DACA, may not refer an applicant to U.S. Immigration and
Customs Enforcement, U.S. Customs and Border Protection, or
any designee of either such entity.
(c) Limited Exception.--Notwithstanding subsections (a) and
(b), information provided in an application for adjustment of
status under this division may be shared with Federal
security and law enforcement agencies--
(1) for assistance in the consideration of an application
for adjustment of status under this division;
(2) to identify or prevent fraudulent claims;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony
offense not related to immigration status.
(d) Penalty.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
section shall be fined not more than $10,000.
SEC. 310. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Establishment.--The Secretary shall establish, within
U.S. Citizenship and Immigration Services, a program to award
grants, on a competitive basis, to eligible nonprofit
organizations that will use the funding to assist eligible
applicants under this division by providing them with the
services described in subsection (b).
(b) Use of Funds.--Grant funds awarded under this section
shall be used for the design and implementation of programs
that provide--
(1) information to the public regarding the eligibility and
benefits of permanent resident status under this division
(whether on a conditional basis, or without the conditional
basis as provided in section 104(c)(2)), particularly to
individuals potentially eligible for such status;
(2) assistance, within the scope of authorized practice of
immigration law, to individuals submitting applications for
adjustment of status under this division (whether on a
conditional basis, or without the conditional basis as
provided in section 104(c)(2)), including--
(A) screening prospective applicants to assess their
eligibility for such status;
(B) completing applications and petitions, including
providing assistance in obtaining the requisite documents and
supporting evidence; and
(C) providing any other assistance that the Secretary or
grantee considers useful or necessary to apply for adjustment
of status under this division (whether on a conditional
basis, or without the conditional basis as provided in
section 104(c)(2)); and
(3) assistance, within the scope of authorized practice of
immigration law, and instruction, to individuals--
(A) on the rights and responsibilities of United States
citizenship;
(B) in civics and English as a second language;
(C) in preparation for the General Education Development
test; and
(D) in applying for adjustment of status and United States
citizenship.
(c) Authorization of Appropriations.--
(1) Amounts authorized.--There are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2024 through 2034 to carry out this section.
(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available until expended.
SEC. 311. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF
STATUS.
An alien's eligibility to be lawfully admitted for
permanent residence under this division (whether on a
conditional basis, or without the conditional basis as
provided in section 104(c)(2)) shall not preclude the alien
from seeking any status under any other provision of law for
which the alien may otherwise be eligible.
SEC. 312. SUPPLEMENTARY SURCHARGE FOR APPOINTED COUNSEL.
(a) In General.--Except as provided in section 302 and in
cases where the applicant is exempt from paying a fee under
section 303(c), in any case in which a fee is charged
pursuant to this division, an additional surcharge of $25
shall be imposed and collected for the purpose of providing
appointed counsel to applicants seeking judicial review of
the Secretary's decision to provisionally deny an application
under this division.
(b) Immigration Counsel Account.--There is established in
the general fund of the Treasury a separate account which
shall be known as the ``Immigration Counsel Account''. Fees
collected under subsection (a) shall be deposited into the
Immigration Counsel Account and shall remain available until
expended for purposes of providing appointed counsel as
required under this division.
(c) Report.--At the end of each 2-year period, beginning
with the establishment of this account, the Secretary of
Homeland Security shall submit a report to the Congress
concerning the status of the account, including any balances
therein, and recommend any adjustment in the prescribed fee
that may be required to ensure that the receipts collected
from the fee charged for the succeeding two years equal, as
closely as possible, the cost of providing appointed counsel
as required under this division.
SEC. 313. ANNUAL REPORT ON PROVISIONAL DENIAL AUTHORITY.
Not later than 1 year after the date of the enactment of
this Act, and annually thereafter, the Secretary of Homeland
Security shall submit to the Congress a report detailing the
number of applicants that receive--
(1) a provisional denial under this division;
(2) a final denial under this division without seeking
judicial review;
(3) a final denial under this division after seeking
judicial review; and
(4) an approval under this division after seeking judicial
review.
______
SA 37. Mr. COONS submitted an amendment intended to be proposed to
amendment SA 8 proposed by Ms. Ernst (for herself and Mr. Grassley) to
the bill S. 5, to require the Secretary of Homeland Security to take
into custody aliens who have been charged in the United States with
theft, and for other purposes; which was ordered to lie on the table;
as follows:
At the end add the following:
``(3) Limitation.--Notwithstanding any other provision of
the Laken Riley Act (or an amendment made by such Act),
section 3 of the Laken Riley Act (and the amendments made by
such section) shall have no force or effect.''.
______
SA 38. Mrs. SHAHEEN submitted an amendment intended to be proposed by
her to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
At the end, add the following:
SEC. 4. ACCELERATED TIMELINE FOR APPLICATIONS FOR EASEMENTS
AND LEASES TO INSTALL COMMUNICATIONS EQUIPMENT
ON CERTAIN U.S. CUSTOMS AND BORDER PROTECTION
PROPERTY.
(a) In General.--Section 6409(b)(3) of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1455(b)(3)) is
amended--
(1) in subparagraph (A), by striking ``Not later'' and
inserting ``Except as provided by subparagraph (E), not
later''; and
(2) by adding at the end the following:
``(E) Special rule for certain u.s. customs and border
protection property.--
``(i) In general.--In the case of an application for an
easement, right-of-way, or lease to, in, over, or on a
building or other property described in clause (ii), install,
construct, modify, or maintain a communications facility
installation--
``(I) the Secretary of Homeland Security shall grant or
deny the application not later than 120 days after receiving
the application; and
``(II) if the Secretary does not grant or deny the
application within the time required by subclause (I), the
regional official of U.S. Customs and Border Protection who
oversees the building or other property may grant or deny the
application.
``(ii) Property described.--A building or other property
described in this clause is a building or other property--
``(I) owned by the Department of Homeland Security and
operated by U.S. Customs and Border Protection; and
``(II) located less than 100 miles from an international
land border of the United States.''.
(b) Applicability.--Subparagraph (E) of section 6409(b)(3)
of the Middle Class Tax Relief and Job Creation Act of 2012,
as added by subsection (a), applies with respect to
applications described in that subparagraph that are filed on
or after, or pending on, the date of the enactment of this
Act.
______
SA 39. Mrs. SHAHEEN submitted an amendment intended to be proposed by
her to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
On page 2, strike lines 7 through 19, and insert the
following:
(1) by striking paragraph (1) and inserting the following:
``(1) Custody.--The Secretary of Homeland Security or the
Attorney General shall take into custody any alien who--
[[Page S154]]
``(A)(i) is inadmissible by reason of having been convicted
of any offense described in section 212(a)(2); or
``(ii) has been arrested for, or charged with, any such
offense and failed to appear for a hearing or procedural
appearance relating to such charge;
``(B)(i) is deportable by reason of having been convicted
of any offense described in subparagraph (A)(ii), (A)(iii),
(B), (C), or (D) of section 237(a)(2); or
``(ii) has been arrested for, or charged with, any such
offense and failed to appear for a hearing or procedural
appearance relating to such charge;
``(C)(i) is deportable under section 237(a)(2)(A)(i) on the
basis of conviction for an offense for which the alien has
been sentenced to a term of imprisonment of at least 1 year;
or
``(ii) has been arrested for, or charged with, any such
offense and failed to appear for a hearing or procedural
appearance relating to such charge;
``(D)(i) is inadmissible under section 212(a)(3)(B) or
deportable under section 237(a)(4)(B); or
``(ii) has been arrested for, or charged with, any
terrorism offense described in either such section and failed
to appear for a hearing or procedural appearance relating to
such charge;
``(E)(i) is inadmissible under paragraph (6)(A), (6)(C), or
(7) of section 212(a); and
``(ii)(I) is convicted of, admits having committed, or
admits committing acts which constitute the essential
elements of any burglary, theft, larceny, or shoplifting
offense; or
``(II) is charged with any of the crimes listed in
subclause (I) and failed to appear for a hearing or
procedural appearance relating to such charge or for a
hearing relating to the alien's immigration status,
when the alien is released, without regard to whether the
alien is released on parole, supervised release, or
probation, and without regard to whether the alien may be
arrested or imprisoned again for the same offense.''.
______
SA 40. Mr. HICKENLOOPER submitted an amendment intended to be
proposed by him to the bill S. 5, to require the Secretary of Homeland
Security to take into custody aliens who have been charged in the
United States with theft, and for other purposes; which was ordered to
lie on the table; as follows:
In section 3, add at the end the following:
(g) Protection of Constitutional Rights.--The attorney
general of a State, or other authorized State officer,
alleging a violation of one or more constitutionally
protected rights, including due process rights, of any
individual in such State by the Department of Homeland
Security or any agency within the Department of Homeland
Security, shall have standing to bring an action against the
Secretary of Homeland Security on behalf of such State or the
residents of such State in an appropriate district court of
the United States to obtain appropriate injunctive relief.
The court shall advance on the docket and expedite the
disposition of a civil action filed under this subsection to
the greatest extent possible.
______
SA 41. Mr. MURPHY submitted an amendment intended to be proposed by
him to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
On page 2, beginning on line 14, strike ``and'' and all
that follows through ``(ii)'' on line 15, and insert the
following:
``(ii) is 14 years of age or older; and
``(iii)
______
SA 42. Mr. MARSHALL submitted an amendment intended to be proposed by
him to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of the bill, add the following:
SEC. 4. PROTECTIONS FOR VICTIMS OF CRIMES COMMITTED BY
ALIENS.
(a) Grants for Angel Families.--Section 1403 of the Victims
of Crime Act of 1984 (34 U.S.C. 20102) is amended--
(1) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) such program is operated by a State and offers
compensation to--
``(A) victims and survivors of victims of criminal
violence, including drunk driving and domestic violence,
for--
``(i) medical expenses attributable to a physical injury
resulting from a compensable crime, including expenses for
mental health counseling and care;
``(ii) loss of wages attributable to a physical injury
resulting from a compensable crime; and
``(iii) funeral expenses attributable to a death resulting
from a compensable crime; or
``(B) angel families for--
``(i) medical expenses attributable to any injury resulting
from a compensable crime, including expenses for mental
health counseling and care;
``(ii) loss of wages attributable to emotional distress
resulting from a compensable crime; and
``(iii) funeral expenses attributable to a death resulting
from a compensable crime;''; and
(2) in subsection (d)--
(A) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) the term `angel family' means the immediate family
members of any individual who is a victim of homicide
committed by--
``(A) an alien described in section 212(a)(6)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)(i))
who is unlawfully present in the United States; or
``(B) any member of an international criminal organization
involved in the unlawful trafficking of controlled substances
(as defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802)), including an international drug cartel.''.
(b) Victims of Immigration Crime Engagement Office.--
(1) Establishment.--Title I of the Homeland Security Act of
2002 (6 U.S.C. 111 et seq.) is amended by adding at the end
the following:
``SEC. 104. VICTIMS OF IMMIGRATION CRIME ENGAGEMENT OFFICE.
``(a) Definitions.--In this section:
``(1) Alien.--The term `alien' means an individual who--
``(A) is described in section 212(a)(6)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)(i));
and
``(B) is unlawfully present in the United States.
``(2) Director.--The term `Director' means the Director of
the Victims of Immigration Crime Engagement Office
established pursuant to subsection (b).
``(b) In General.--The Secretary shall establish, within
the Office of the Secretary, the Victims of Immigration Crime
Engagement Office to provide proactive, timely, and
professional services to victims of crimes committed by
aliens who are inadmissible under section 212(a), deportable
under section 237(a), or otherwise unlawfully present in the
United States, and to the family members of such victims.
``(c) Duties.--The Office shall be headed by a Director,
who shall--
``(1) create a hotline for victims described in subsection
(b) and for the family members of such victims--
``(A) to ensure that such victims and family members
receive the support they need, including by--
``(i) providing information available to help victims and
their family members understand the immigration enforcement
and removal process;
``(ii) liaising with social service professionals to assist
in providing support services referral information; and
``(iii) directing victims and their family members to a
wide range of available resources;
``(B) to assist victims and family members of victims to
register for automated custody status information related to
the criminal alien;
``(C) to provide victims and their family members with
releasable criminal or immigration history about the criminal
alien; and
``(D) to provide immediate services to victims and their
family members and collect metrics and information to
determine additional resource needs and how to improve
services to victims; and
``(2) conduct a case study on providing proactive, timely,
and professional services to victims of crimes, and the
family members of such victims, that are committed by aliens
who are inadmissible under section 212(a), deportable under
section 237(a), or otherwise unlawfully present in the United
States.
``(d) Annual Report.--Not later than 1 year after the date
of the enactment of this section, and annually thereafter,
the Director shall submit to Congress a report regarding the
impact on victims of crimes committed by aliens who are
inadmissible under section 212(a), deportable under section
237(a), or otherwise unlawfully present in the United States
that includes--
``(1) a summary of the case study described in subsection
(c)(2); and
``(2) information regarding--
``(A) the demographics of such victims and criminal aliens;
``(B) the locations of such crimes;
``(C) the type of crimes committed; and
``(D) whether the criminal aliens have committed multiple
crimes.''.
(2) Clerical amendment.--The table of contents of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by inserting after the item relating to section 103
the following:
``Sec. 104. Victims of Immigration Crime Engagement Office.''.
______
SA 43. Mr. MARSHALL submitted an amendment intended to be proposed by
him to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
[[Page S155]]
At the end of the bill, add the following:
SEC. 4. INADMISSIBILITY AND DEPORTABILITY RELATED TO SEX
OFFENSES, DOMESTIC VIOLENCE, STALKING, CHILD
ABUSE, OR VIOLATIONS OF PROTECTION ORDER.
(a) Short Title.--This section may be cited as the
``Violence Against Women by Illegal Aliens Act''.
(b) Inadmissibility.--Section 212(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by
adding at the end the following:
``(J) Sex offenses.--Any alien who has been convicted of,
who admits having committed, or who admits committing acts
which constitute the essential elements of a sex offense (as
such term is defined in section 111(5) of the Adam Walsh
Child Protection and Safety Act of 2006 (34 U.S.C.
20911(5))), or a conspiracy to commit such an offense, is
inadmissible.
``(K) Domestic violence, stalking, child abuse, or
violation of protection order.--Any alien who has been
convicted of, who admits having committed, or who admits
committing acts which constitute the essential elements of--
``(i) a crime of domestic violence (as such term is defined
in section 237(a)(2)(E));
``(ii) a crime of stalking;
``(iii) a crime of child abuse, child neglect, or child
abandonment; or
``(iv) a crime of violating the portion of a protection
order (as such term is defined in section 237(a)(2)(E)) that
involves protection against credible threats of violence,
repeated harassment, or bodily injury to the person or
persons for whom the protection order was issued,
is inadmissible.''.
(c) Deportability.--Section 237(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(2)) is amended--
(1) in subparagraph (E)--
(A) in the heading, by striking ``crimes against children
and'' and inserting ``and crimes against children''; and
(B) in clause (i), by inserting before the period at the
end the following ``, and includes any crime that constitutes
domestic violence, as such term is defined in section
40002(a) of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12291(a), regardless of whether the
jurisdiction receives grant funding under that Act''; and
(2) by adding at the end the following:
``(G) Sex offenses.--Any alien who has been convicted of a
sex offense (as such term is defined in section 111(5) of the
Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C.
20911(5))) or a conspiracy to commit such an offense, is
deportable.''.
(d) Rule of Construction.--Nothing in this section, or in
the amendments made by this section, may be construed to
limit the discretion of the Secretary of Homeland Security to
not deport an alien determined to be inadmissible or
deportable under the provisions of law referred to in section
3, for humanitarian purposes, to preserve family unity, or if
otherwise in the public interest.
______
SA 44. Ms. CORTEZ MASTO (for herself and Mrs. Blackburn) submitted an
amendment intended to be proposed by her to the bill S. 5, to require
the Secretary of Homeland Security to take into custody aliens who have
been charged in the United States with theft, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
SEC. 4. JOINT OPERATIONS CENTERS.
(a) Short Title.--This section may be cited as the
``Advanced Border Coordination Act of 2025''.
(b) Definitions.--In this section:
(1) Centers.--The term ``Centers'' means the Joint
Operations Centers established under subsection (c)(1).
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Participating federal agency.--The term ``participating
Federal agency'' means--
(A) the Department;
(B) the Department of Defense;
(C) the Department of Justice; and
(D) any other Federal agency as the Secretary determines
appropriate.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) State.--The term ``State'' means each State of the
United States, the District of Columbia, and any territory or
possession of the United States.
(c) Establishment of Joint Operations Centers.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Department shall establish not
less than 2 Joint Operations Centers along the southern
border of the United States to provide unified coordination
centers, where law enforcement from multiple Federal, State,
local, and Tribal agencies can collaborate in accordance with
the purposes described in paragraph (2).
(2) Matters covered.--The Centers shall provide centralized
operations hubs for matters relating to--
(A) implementing coordination and communication for field
operations between participating Federal, State, local, and
Tribal agencies, as needed;
(B) coordinating operations across participating Federal,
State, local, and Tribal agencies, as needed, including
ground, air, and sea or amphibious operations; and
(C) coordinating and supporting border operations,
including deterring and detecting criminal activity relating
to--
(i) transnational criminal organizations;
(ii) illegal border crossings;
(iii) the seizure of weapons;
(iv) the seizure of drugs;
(v) the seizure of high valued property;
(vi) terrorism;
(vii) human trafficking;
(viii) drug trafficking; and
(ix) such additional matters as the Secretary considers
appropriate.
(3) Information sharing.--To ensure effective transmission
of information between participating Federal, State, local,
and Tribal agencies, for the purposes described in paragraph
(2), coordination and communication shall include--
(A) Federal agencies sharing pertinent information with
participating State, local, and Tribal agencies through the
Centers; and
(B) Federal agencies notifying participating State, local,
and Tribal agencies of operations occurring within the
jurisdictions of those agencies.
(4) Workforce capabilities.--The Centers shall--
(A) track and coordinate deployment of participating
personnel; and
(B) coordinate training, as needed.
(d) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary
shall consult with participating Federal agencies, and shall
seek feedback from participating State, local, and Tribal
agencies, to report to Congress--
(1) a description of the efforts undertaken to establish
the Centers;
(2) an identification of the resources used for the
operations of the Centers;
(3) a description of the key operations coordinated and
supported by each Center;
(4) a description of any significant interoperability and
communication gaps identified between participating Federal,
State, local, and Tribal agencies within each Center;
(5) recommendations for improved coordination and
communication between participating Federal agencies in
developing and operating current and future Centers; and
(6) other data as the Secretary determines appropriate.
______
SA 45. Ms. CORTEZ MASTO submitted an amendment intended to be
proposed by her to the bill S. 5, to require the Secretary of Homeland
Security to take into custody aliens who have been charged in the
United States with theft, and for other purposes; which was ordered to
lie on the table; as follows:
A the end of the bill, add the following:
SEC. 4. INNOVATIVE BORDER TECHNOLOGIES.
(a) Short Title.--This section may be cited as the
``Emerging Innovative Border Technologies Act''.
(b) Innovative and Emerging Border Technology Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, acting through the Commissioner for U.S. Customs
and Border Protection (referred to in this section as
``CBP'') and the Under Secretary for Science and Technology
of the Department of Homeland Security, in consultation with
the Department's Chief Information Officer, Chief Procurement
Officer, Privacy Officer, Civil Right and Civil Liberties
Officer, General Counsel, and any other relevant offices and
components of the Department of Homeland Security, shall
submit a plan to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives for
identifying, integrating, and deploying new, innovative,
disruptive, or other emerging or advanced technologies that
are safe and secure to enhance CBP capabilities to meet its
mission needs along international borders or at ports of
entry.
(2) Contents.--The plan required under paragraph (1) shall
include--
(A) information regarding how CBP utilizes the CBP
Innovation Team authority under paragraph (3) and other
mechanisms to carry out the purposes described in paragraph
(3);
(B) an assessment of the contributions directly
attributable to such utilization;
(C) information regarding--
(i) the composition of each CBP Innovation Team; and
(ii) how each CBP Innovation Team coordinates and
integrates efforts with the CBP acquisition program office
and other partners within CBP and the Department of Homeland
Security;
(D) the identification of technologies used by other
Federal departments or agencies not in use by CBP that could
assist in enhancing mission needs along international borders
or at ports of entry;
(E) an analysis of authorities available to CBP to procure
technologies referred to in paragraph (1);
(F) an assessment of whether additional or alternative
authorities are needed to carry out the purposes described in
paragraph (1);
(G) an explanation of how CBP plans to scale existing
programs related to emerging
[[Page S156]]
or advanced technologies that are safe and secure into
programs of record;
(H) a description of each planned security-related
technology program, including objectives, goals, and
timelines for each such program;
(I) an assessment of the potential privacy, civil rights,
civil liberties, and safety impacts of these technologies on
individuals, and potential mitigation measures;
(J) an assessment of CBP legacy border technology programs
that could be phased out and replaced with technologies
referred to in paragraph (1), including cost estimates
relating to such phase out and replacement;
(K) information relating to how CBP is coordinating with
the Department of Homeland Security's Science and Technology
Directorate--
(i) to research and develop new, innovative, disruptive, or
other emerging or advanced technologies that are safe and
secure to carry out the purposes described in paragraph (1);
(ii) to identify new, innovative, disruptive, or other
emerging or advanced technologies that are safe and secure
and that are in development or have been deployed by the
private and public sectors and may satisfy the mission needs
of CBP, with or without adaptation;
(iii) to incentivize the private sector to develop
technologies, including privacy enhancing technologies, that
may help CBP meet mission needs to enhance, or address
capability gaps in, border security operations; and
(iv) to identify and assess ways to increase opportunities
for communication and collaboration with the private sector,
small, and disadvantaged businesses, intra-governmental
entities, university centers of excellence, and Federal
laboratories to leverage emerging technology and research
within the public and private sectors;
(L) information relating to CBP's coordination with the
Department of Homeland Security official responsible for
artificial intelligence policy to ensure the plan complies
with the Department's policies and measures promoting
responsible use of artificial intelligence;
(M) information regarding metrics and key performance
parameters for evaluating the effectiveness of efforts to
identify, integrate, and deploy new, innovative, disruptive,
or other emerging or advanced technologies that are safe and
secure to carry out the purposes described in paragraph (1);
(N) the identification of recent technological advancements
relating to--
(i) manned aircraft sensor, communication, and common
operating picture technology;
(ii) unmanned aerial systems and related technology,
including counter-unmanned aerial system technology;
(iii) surveillance technology, including--
(I) mobile surveillance vehicles;
(II) associated electronics, including cameras, sensor
technology, and radar;
(III) tower-based surveillance technology;
(IV) advanced unattended surveillance sensors; and
(V) deployable, lighter-than-air, ground surveillance
equipment;
(iv) nonintrusive inspection technology, including non-X-
ray devices utilizing muon tomography and other advanced
detection technology;
(v) tunnel detection technology; and
(vi) communications equipment, including--
(I) radios;
(II) long-term evolution broadband; and
(III) miniature satellites;
(O) information relating to how CBP is coordinating with
the Department of Homeland Security's Chief Information
Officer, Chief Technology Officer, Privacy Officer, Civil
Rights and Civil Liberties Officer, General Counsel, and
other relevant offices and components of the Department in
researching, developing, acquiring, or scaling new,
innovative, disruptive, or other emerging or advanced
technologies that are safe and secure; and
(P) any other information the Secretary determines to be
relevant.
(3) CBP innovation team authority.--
(A) In general.--The Commissioner for CBP is authorized to
maintain 1 or more CBP Innovation Teams to research and adapt
commercial technologies that are new, innovative, disruptive,
privacy enhancing, or otherwise emerging or advanced and may
be used by CBP--
(i) to enhance mission needs along international borders
and at ports of entry; and
(ii) to assess potential outcomes, including any negative
consequences, of the introduction of emerging or advanced
technologies with respect to which documented capability gaps
in border security operations are yet to be determined.
(B) Functions.--Each CBP Innovation Team shall--
(i) operate consistent with the Department of Homeland
Security's and CBP's--
(I) procurement and acquisition management policy; and
(II) policies pertaining to responsible use of artificial
intelligence; and
(ii) consult with the Officer for Civil Rights and Civil
Liberties and the Privacy Officer of the Department of
Homeland Security to ensure programs, policies, and
procedures involving civil rights, civil liberties, and
privacy considerations are addressed in an integrated and
comprehensive manner.
(C) Operating procedures, planning, strategic goals.--The
Commissioner for CBP shall require each CBP Innovation Team
maintained pursuant to subparagraph (A) to establish, in
coordination with other appropriate offices of the Department
of Homeland Security--
(i) operating procedures, which shall include--
(I) specificity regarding roles and responsibilities within
each such team and with respect to Department of Homeland
Security and non-Federal partners; and
(II) protocols for entering into agreements to rapidly
transition such technologies to existing or new programs of
record to carry out the purposes described in paragraph (1);
(ii) planning and strategic goals for each such team that
includes projected costs, time frames, metrics, and key
performance parameters relating to the achievement of
identified strategic goals, including a metric to measure the
rate at which technologies described in paragraph (1) are
transitioned to existing or new programs of record in
accordance with clause (i); and
(iii) operating procedures that ensure each such team is in
compliance with all applicable laws, rules, and regulations
and with the Department of Homeland Security's policies
pertaining to procurement and acquisition management,
privacy, civil rights and civil liberties, and the
responsible use of artificial intelligence, including risk
assessments and ongoing monitoring to ensure accuracy and
reliability.
(D) Annual report.--Not later than 180 days after the date
of the enactment of this Act and annually thereafter, the
Commissioner for CBP shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives information relating to the activities of CBP
Innovation Teams, including--
(i) copies of operating procedures and protocols required
under subparagraph (B)(i) and planning and strategic goals
required under subparagraph (B)(ii);
(ii) descriptions of the technologies piloted by each such
team during the immediately preceding fiscal year,
including--
(I) information regarding which such technologies are
determined to have been successful; and
(II) the identification of documented capability gaps that
are being addressed; and
(iii) information regarding the status of efforts to
rapidly transition technologies determined successful to
existing or new programs of record.
(4) Cost-benefit.--Before initiating the large-scale
deployment of any new technology contained in the plan
required under paragraph (1), the Secretary of Homeland
Security shall consider the costs and benefits to the
Government to ensure that the deployment of such technology
will provide quantifiable improvements to border security.
______
SA 46. Mr. BUDD submitted an amendment intended to be proposed by him
to the bill S. 5, to require the Secretary of Homeland Security to take
into custody aliens who have been charged in the United States with
theft, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of the bill, add the following:
SEC. 4. PROTECTING LAW ENFORCEMENT.
(a) Short Titles.--This section may be cited as the
``Protect Our Law enforcement with Immigration Control and
Enforcement Act of 2025'' or the ``POLICE Act of 2025''.
(b) Assault of Law Enforcement Officer.--Section 237(a)(2)
of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2))
is amended by adding at the end the following:
``(G) Assault of law enforcement officer.--
``(i) In general.--Any alien who has been convicted of, who
admits having committed, or who admits committing acts which
constitute the essential elements of, any offense involving
assault of a law enforcement officer is deportable.
``(ii) Circumstances.--The circumstances referred to in
clause (i) are that the law enforcement officer was
assaulted--
``(I) while he or she was engaged in the performance of his
or her official duties;
``(II) because of the performance of his or her official
duties; or
``(III) because of his or her status as a law enforcement
officer.
``(iii) Definitions.--In this subparagraph--
``(I) the term `assault' has the meaning given that term in
the jurisdiction where the act occurred; and
``(II) the term `law enforcement officer' is a person
authorized by law--
``(aa) to engage in or supervise the prevention, detection,
investigation, or prosecution, or the incarceration of any
person for any criminal violation of law;
``(bb) to apprehend, arrest, or prosecute an individual for
any criminal violation of law; or
``(cc) to be a firefighter or other first responder.''.
(c) Report on Aliens Deported for Assaulting a Law
Enforcement Officer.--The Secretary of Homeland Security
shall submit to Congress and make publicly available on the
website of the Department of Homeland Security an annual
report identifying the number of aliens who were deported
during the previous fiscal year pursuant to section
237(a)(2)(G) of the Immigration and Nationality Act, as added
by subsection (b).
[[Page S157]]
______
SA 47. Mr. BLUMENTHAL submitted an amendment intended to be proposed
by him to the bill S. 5, to require the Secretary of Homeland Security
to take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
On page 2, line 15, strike ``is charged with, is arrested
for,''.
______
SA 48. Mr. BLUMENTHAL submitted an amendment intended to be proposed
by him to the bill S. 5, to require the Secretary of Homeland Security
to take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
SEC. 4. PROTECTING SENSITIVE LOCATIONS.
(a) Short Title.--This section may be cited as the
``Protecting Sensitive Locations Act''.
(b) Powers of Immigration Officers and Employees at
Sensitive Locations.--Section 287 of the Immigration and
Nationality Act (8 U.S.C. 1357) is amended by adding at the
end the following:
``(i)(1) In this subsection:
``(A) The term `appropriate committees of Congress' means--
``(i) the Committee on Appropriations of the Senate;
``(ii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(iii) the Committee on the Judiciary of the Senate;
``(iv) the Committee on Appropriations of the House of
Representatives;
``(v) the Committee on Homeland Security of the House of
Representatives; and
``(vi) the Committee on the Judiciary of the House of
Representatives.
``(B) The term `early childhood education program' has the
meaning given the term under section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003).
``(C) The term `enforcement action'--
``(i) means an apprehension, arrest, interview, request for
identification, search, or surveillance for the purposes of
immigration enforcement; and
``(ii) includes an enforcement action at, or focused on, a
sensitive location that is part of a joint case led by
another law enforcement agency.
``(D) The term `exigent circumstances' means a situation
involving--
``(i) the imminent risk of death, violence, or physical
harm to any person or property, including a situation
implicating terrorism or the national security of the United
States;
``(ii) the immediate arrest or pursuit of a dangerous
felon, terrorist suspect, or other individual presenting an
imminent danger; or
``(iii) the imminent risk of destruction of evidence that
is material to an ongoing criminal case.
``(E) The term `prior approval' means--
``(i) in the case of officers and agents of U.S.
Immigration and Customs Enforcement, prior written approval
to carry out an enforcement action involving a specific
individual or individuals authorized by--
``(I) the Assistant Director of Operations, Homeland
Security Investigations;
``(II) the Executive Associate Director of Homeland
Security Investigations;
``(III) the Assistant Director for Field Operations,
Enforcement and Removal Operations; or
``(IV) the Executive Associate Director for Field
Operations, Enforcement and Removal Operations;
``(ii) in the case of officers and agents of U.S. Customs
and Border Protection, prior written approval to carry out an
enforcement action involving a specific individual or
individuals authorized by--
``(I) a Chief Patrol Agent;
``(II) the Director of Field Operations;
``(III) the Director of Air and Marine Operations; or
``(IV) the Internal Affairs Special Agent in Charge; and
``(iii) in the case of other Federal, State, or local law
enforcement officers, to carry out an enforcement action
involving a specific individual or individuals authorized
by--
``(I) the head of the Federal agency carrying out the
enforcement action; or
``(II) the head of the State or local law enforcement
agency carrying out the enforcement action.
``(F) The term `sensitive location' includes all of the
physical space located within 1,000 feet of--
``(i) any medical treatment or health care facility,
including any hospital, health care practitioner's office,
accredited health clinic, alcohol or drug treatment center,
emergent or urgent care facility, or community health center;
``(ii) public and private schools (including preschools,
primary schools, secondary schools, and postsecondary schools
(including colleges and universities), sites of early
childhood education program facility, sites of after school
programs, other institutions of learning (including
vocational or trade schools), or other site at which
individuals who are unemployed or underemployed may apply for
or receive workforce training;
``(iii) any scholastic or education-related activity or
event, including field trips and interscholastic events;
``(iv) any school bus or school bus stop during periods
when school children are present on the bus or at the stop;
``(v) a location at which emergency service providers
distribute food or provide shelter;
``(vi) any organization that--
``(I) assists children, pregnant women, victims of crime or
abuse, or individuals with significant mental or physical
disabilities; or
``(II) provides--
``(aa) disaster or emergency social services and
assistance; or
``(bb) services for individuals experiencing homelessness,
including food banks and shelters;
``(vii) any church, synagogue, mosque, or other place of
worship, including buildings rented for the purpose of
religious services, retreats, counseling, workshops,
instruction, and education;
``(viii) any Federal, State, or local courthouse, including
the office of an individual's legal counsel or
representative, and a probation, parole, or supervised
release office;
``(ix) the site of a funeral, wedding, or other religious
ceremony or observance;
``(x) any public demonstration, such as a march, rally, or
parade;
``(xi) any domestic violence shelter, rape crisis center,
supervised visitation center, family justice center, or
victim services provider;
``(xii) any congressional district office;
``(xiii) any public assistance office, including Federal,
State, and municipal locations at which individuals may apply
for or receive unemployment compensation or report violations
of labor and employment laws;
``(xiv) any office of the Social Security Administration;
``(xv) any indoor or outdoor premises of a State Department
of Motor Vehicles;
``(xvi) any public library; or
``(xvii) any other location specified by the Secretary of
Homeland Security for purposes of this subsection.
``(2)(A) An enforcement action may not take place at, or be
focused on, a sensitive location unless--
``(i) the action involves exigent circumstances; or
``(ii) prior approval for the enforcement action was
obtained from the appropriate official.
``(B) If an enforcement action is initiated pursuant to
subparagraph (A) and the exigent circumstances permitting the
enforcement action cease, the enforcement action shall be
discontinued until such exigent circumstances reemerge.
``(C) If an enforcement action is carried out in violation
of this subsection--
``(i) no information resulting from the enforcement action
may be entered into the record or received into evidence in a
removal proceeding resulting from the enforcement action; and
``(ii) the alien who is the subject of such removal
proceeding may file a motion for the immediate termination of
the removal proceeding.
``(3)(A) This subsection shall apply to any enforcement
action by officers or agents of the Department of Homeland
Security, including--
``(i) officers or agents of U.S. Immigration and Customs
Enforcement;
``(ii) officers or agents of U.S. Customs and Border
Protection; and
``(iii) any individual designated to perform immigration
enforcement functions pursuant to subsection (g).
``(B) While carrying out an enforcement action at a
sensitive location, officers and agents referred to in
subparagraph (A) shall make every effort--
``(i) to limit the time spent at the sensitive location;
``(ii) to limit the enforcement action at the sensitive
location to the person or persons for whom prior approval was
obtained; and
``(iii) to conduct themselves as discreetly as possible,
consistent with officer and public safety.
``(C) If, while carrying out an enforcement action that is
not initiated at or focused on a sensitive location, officers
or agents are led to a sensitive location, and no exigent
circumstance and prior approval with respect to the sensitive
location exists, such officers or agents shall--
``(i) cease before taking any further enforcement action;
``(ii) conduct themselves in a discreet manner;
``(iii) maintain surveillance; and
``(iv) immediately consult their supervisor in order to
determine whether such enforcement action should be
discontinued.
``(D) The limitations under this paragraph shall not apply
to the transportation of an individual apprehended at or near
a land or sea border to a hospital or health care provider
for the purpose of providing medical care to such individual.
``(4)(A) Each official specified in subparagraph (B) shall
ensure that the employees under his or her supervision
receive annual training on compliance with--
``(i) the requirements under this subsection in enforcement
actions at or focused on sensitive locations and enforcement
actions that lead officers or agents to a sensitive location;
and
``(ii) the requirements under section 239 of this Act and
section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367).
[[Page S158]]
``(B) The officials specified in this subparagraph are--
``(i) the Chief Counsel of U.S. Immigration and Customs
Enforcement;
``(ii) the Field Office Directors of U.S. Immigration and
Customs Enforcement;
``(iii) each Special Agent in Charge of U.S. Immigration
and Customs Enforcement;
``(iv) each Chief Patrol Agent of U.S. Customs and Border
Protection;
``(v) the Director of Field Operations of U.S. Customs and
Border Protection;
``(vi) the Director of Air and Marine Operations of U.S.
Customs and Border Protection;
``(vii) the Internal Affairs Special Agent in Charge of
U.S. Customs and Border Protection; and
``(viii) the chief law enforcement officer of each State or
local law enforcement agency that enters into a written
agreement with the Department of Homeland Security pursuant
to subsection (g).
``(5) The Secretary of Homeland Security shall modify the
Notice to Appear form (I-862)--
``(A) to provide the subjects of an enforcement action with
information, written in plain language, summarizing the
restrictions against enforcement actions at sensitive
locations set forth in this subsection and the remedies
available to the alien if such action violates such
restrictions;
``(B) so that the information described in subparagraph (A)
is accessible to individuals with limited English
proficiency; and
``(C) so that subjects of an enforcement action are not
permitted to verify that the officers or agents that carried
out such action complied with the restrictions set forth in
this subsection.
``(6)(A) The Director of U.S. Immigration and Customs
Enforcement and the Commissioner of U.S. Customs and Border
Protection shall each submit an annual report to the
appropriate committees of Congress that includes the
information set forth in subparagraph (B) with respect to the
respective agency.
``(B) Each report submitted under subparagraph (A) shall
include, with respect to the submitting agency during the
reporting period--
``(i) the number of enforcement actions that were carried
out at, or focused on, a sensitive location;
``(ii) the number of enforcement actions in which officers
or agents were subsequently led to a sensitive location; and
``(iii) for each enforcement action described in clause (i)
or (ii)--
``(I) the date on which it occurred;
``(II) the specific site, city, county, and State in which
it occurred;
``(III) the components of the agency and the names of the
agents involved in the enforcement action;
``(IV) whether the enforcement action took place with prior
approval or if the enforcement action was the result of
exigent circumstances, and--
``(aa) if prior approval was granted, documentation
confirming conditions of approval; or
``(bb) if under exigent circumstances, a description of
those circumstances;
``(V) a description of the enforcement action, including
the nature of the criminal activity of its intended target;
``(VI) the number of individuals, if any, arrested or taken
into custody;
``(VII) the number of collateral arrests, if any, and the
reasons for each such arrest;
``(VIII) a certification whether the location administrator
was contacted before, during, or after the enforcement
action; and
``(IX) the percentage of all of the staff members and
supervisors reporting to the officials listed in paragraph
(4)(B) who completed the training required under paragraph
(4)(A).
``(7) Nothing in the subsection may be construed--
``(A) to affect the authority of Federal, State, or local
law enforcement agencies--
``(i) to enforce generally applicable Federal or State
criminal laws unrelated to immigration; or
``(ii) to protect residents from imminent threats to public
safety; or
``(B) to limit or override the protections provided in--
``(i) section 239; or
``(ii) section 384 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).''.
______
SA 49. Mr. SULLIVAN submitted an amendment intended to be proposed by
him to the bill S. 5, to require the Secretary of Homeland Security to
take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
SEC. _____. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.
Section 707(p) of the Office of National Drug Control
Policy Reauthorization Act of 1998 (21 U.S.C. 1706(p)) is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) $300,000,000 for each of fiscal years 2025 through
2029.''.
____________________