[116th Congress Public Law 24]
[From the U.S. Government Publishing Office]
[[Page 133 STAT. 977]]
Public Law 116-24
116th Congress
An Act
To amend section 6 of the Joint Resolution entitled ``A Joint Resolution
to approve the Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of America,
and for other purposes''. <<NOTE: June 25, 2019 - [H.R. 559]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Northern Mariana
Islands Long-Term Legal Residents Relief Act.>>
SECTION 1. <<NOTE: 48 USC 1801 note.>> SHORT TITLE.
This Act may be cited as the ``Northern Mariana Islands Long-Term
Legal Residents Relief Act''.
SEC. 2. LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS.
Section 6(e) of the Joint Resolution entitled ``A Joint Resolution
to approve the Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of America,
and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806), is
amended by adding at the end the following:
``(6) Special provision regarding long-term residents of the
commonwealth.--
``(A) CNMI resident status.--An alien described in
subparagraph (B) may, upon the application of the alien,
be admitted in CNMI Resident status to the Commonwealth
subject to the following rules:
``(i) The alien shall be treated as an alien
lawfully admitted to the Commonwealth only,
including permitting entry to and exit from the
Commonwealth, until the earlier of the date on
which--
``(I) the alien ceases to reside in
the Commonwealth; or
``(II) the alien's status is
adjusted under section 245 of the
Immigration and Nationality Act (8
U.S.C. 1255) to that of an alien
lawfully admitted for permanent
residence in accordance with all
applicable eligibility requirements.
``(ii) <<NOTE: Time periods. Effective
dates.>> The Secretary of Homeland Security--
``(I) shall establish a process for
such alien to apply for CNMI Resident
status <<NOTE: Deadline.>> during the
180-day period beginning on a date
determined by the Secretary but not
later than the first day of the sixth
month after the date of the enactment of
this paragraph; and
``(II) may, in the Secretary's
discretion, authorize deferred action or
parole, as appropriate, with work
authorization, for such alien beginning
[[Page 133 STAT. 978]]
on the date of the enactment of this
paragraph and continuing through the end
of such 180-day period or the date of
adjudication of the alien's application
for CNMI Resident status, whichever is
later.
``(iii) Nothing in this subparagraph may be
construed to provide any alien granted status
under this subparagraph with public assistance to
which the alien is not otherwise entitled.
``(iv) An alien granted status under this
paragraph--
``(I) is subject to all grounds of
deportability under section 237 of the
Immigration and Nationality Act (8
U.S.C. 1227);
``(II) is subject to all grounds of
inadmissibility under section 212 of the
Immigration and Nationality Act (8
U.S.C. 1182) if seeking admission to the
United States at a port of entry in the
Commonwealth;
``(III) is inadmissible to the
United States at any port of entry
outside the Commonwealth, except that
the Secretary of Homeland Security may
in the Secretary's discretion authorize
admission of such alien at a port of
entry in Guam for the purpose of direct
transit to the Commonwealth, which
admission shall be considered an
admission to the Commonwealth;
``(IV) automatically shall lose such
status if the alien travels from the
Commonwealth to any other place in the
United States, except that the Secretary
of Homeland Security may in the
Secretary's discretion establish
procedures for the advance approval on a
case-by-case basis of such travel for a
temporary and legitimate purpose, and
the Secretary may in the Secretary's
discretion authorize the direct transit
of aliens with CNMI Resident status
through Guam to a foreign place;
``(V) shall be authorized to work in
the Commonwealth incident to status; and
``(VI) shall be issued appropriate
travel documentation and evidence of
work authorization by the Secretary.
``(B) Aliens described.--An alien is described in
this subparagraph if the alien--
``(i) was lawfully present on the date of the
enactment of this paragraph or on December 31,
2018, in the Commonwealth under the immigration
laws of the United States, including pursuant to a
grant of parole under section 212(d)(5) of the
Immigration and Nationality Act (8 U.S.C.
1182(d)(5)) or deferred action;
``(ii) is admissible as an immigrant to the
United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), except
that no immigrant visa is required;
``(iii) <<NOTE: Time period.>> resided
continuously and lawfully in the Commonwealth from
November 28, 2009, through the date of the
enactment of this paragraph;
[[Page 133 STAT. 979]]
``(iv) is not a citizen of the Republic of the
Marshall Islands, the Federated States of
Micronesia, or the Republic of Palau; and
``(v) in addition--
``(I) <<NOTE: Time period.>> was
born in the Northern Mariana Islands
between January 1, 1974, and January 9,
1978;
``(II) was, on November 27, 2009, a
permanent resident of the Commonwealth
(as defined in section 4303 of title 3
of the Northern Mariana Islands
Commonwealth Code, in effect on May 8,
2008);
``(III) is the spouse or child (as
defined in section 101(b)(1) of the
Immigration and Nationality Act (8
U.S.C. 1101(b)(1))) of an alien
described in subclause (I) or (II);
``(IV) was, on November 27, 2011, a
spouse, child, or parent of a United
States citizen, notwithstanding the age
of the United States citizen, and
continues to have such family
relationship with the citizen on the
date of the application described in
subparagraph (A); or
``(V) had a grant of parole under
section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)) on
December 31, 2018, under the former
parole program for certain in-home
caregivers administered by United States
Citizenship and Immigration Services.
``(C) <<NOTE: Effective date.>> Authority of
attorney general.--Beginning on the first day of the
180-day period established by the Secretary of Homeland
Security under subparagraph (A)(ii)(I), the Attorney
General may accept and adjudicate an application for
CNMI Resident status under this paragraph by an alien
who is in removal proceedings before the Attorney
General if the alien--
``(i) makes an initial application to the
Attorney General within such 180-day period; or
``(ii) applied to the Secretary of Homeland
Security during such 180-period and before being
placed in removal proceedings, and the Secretary
denied the application.
``(D) Judicial review.--Notwithstanding any other
law, no court shall have jurisdiction to review any
decision of the Secretary of Homeland Security or the
Attorney General on an application under this paragraph
or any other action or determination of the Secretary of
Homeland Security or the Attorney General to implement,
administer, or enforce this paragraph.
``(E) Procedure.--The requirements of chapter 5 of
title 5, United States Code (commonly referred to as the
Administrative Procedure Act), or any other law relating
to rulemaking, information collection or publication in
the Federal Register shall not apply to any action to
implement, administer or enforce this paragraph.''.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined
[[Page 133 STAT. 980]]
by reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
Approved June 25, 2019.
LEGISLATIVE HISTORY--H.R. 559:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 165 (2019):
June 3, considered and passed House.
June 20, considered and passed Senate.
<all>