New Way Forward Act
This bill makes changes to immigration enforcement, including ending mandatory detention in certain cases.
The Department of Homeland Security (DHS) shall not enter into or extend any contract with any public or private for-profit entity to own or operate a facility to detain aliens in DHS custody.
The bill provides for various protections related to detaining aliens, such as (1) requiring DHS to make an initial custody determination and establish probable cause within 48 hours of taking an alien into custody, (2) establishing in hearings related to such determinations a presumption that the alien be released, and (3) requiring immigration judges to impose the least restrictive detention conditions necessary.
A DHS officer may not interrogate a person as to immigration status based on factors such as the person's race, religion, sexual orientation, or spoken language.
The bill removes mandatory detention requirements for certain aliens, such as asylum seekers with a credible fear of persecution.
Removal proceedings against certain aliens previously admitted into the United States must commence within five years of the alien becoming deportable or inadmissible. The bill also removes certain crime-related grounds of inadmissibility and deportability.
The bill gives immigration judges discretion to provide relief from removal if the removal is not based on certain crime-related grounds.
State or local officers are prohibited from performing certain immigration enforcement functions, such as apprehending aliens. The National Crime Information Center database shall not contain an alien's immigration information.
The bill repeals provisions providing criminal penalties for improper entry or reentry into the United States.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 536 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 536
To reform the process for enforcing the immigration laws of the United
States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2021
Mr. Garcia of Illinois (for himself, Ms. Jayapal, Ms. Pressley, Ms.
Bass, Mr. Espaillat, Ms. Schakowsky, Mrs. Watson Coleman, Mr. Rush, Ms.
Norton, Ms. McCollum, Ms. Ocasio-Cortez, Mr. Lowenthal, Ms. Garcia of
Texas, Ms. Clarke of New York, Mr. Danny K. Davis of Illinois, Mr.
McGovern, Ms. Omar, Mr. Blumenauer, Mr. Cardenas, Mr. Pocan, Ms. Tlaib,
Mr. Vargas, Ms. Lee of California, Ms. Escobar, Mr. Takano, Mr. Jones,
Mr. Bowman, Ms. Bush, Ms. Williams of Georgia, Ms. Velazquez, Mr.
Meeks, Mrs. Napolitano, Mr. DeSaulnier, Ms. Chu, Mr. Grijalva, Mr.
Torres of New York, Ms. Barragan, Mr. Johnson of Georgia, Ms. Newman,
and Ms. Meng) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform the process for enforcing the immigration laws of the United
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Way Forward Act''.
TITLE I--END MANDATORY DETENTION AND REQUIRE PROBABLE CAUSE FOR ARREST
SEC. 101. PHASE-OUT OF PRIVATE FOR-PROFIT DETENTION FACILITIES AND USE
OF JAILS.
(a) Secure Detention Facilities.--Beginning on the date of the
enactment of this Act, the Secretary of Homeland Security may not enter
into, or extend, any contract with any public or private for-profit
entity that owns or operates a detention facility for use of that
facility to detain aliens in the custody of the Department of Homeland
Security, and shall terminate any such contract not later than the date
that is 3 years after the date of the enactment of this Act. Beginning
on the date that is 3 years after the date of the enactment of this
Act, any facility at which aliens in the custody of the Department of
Homeland Security are detained shall be owned and operated by the
Department of Homeland Security.
(b) Non-Secure Detention Programs.--Beginning on the date of the
enactment of this Act, the Secretary of Homeland Security may not enter
into, or extend, any contract with any public or private for-profit
entity that owns or operates a program or facility that provides for
non-residential detention-related activities for aliens who are subject
to monitoring by the Department of Homeland Security, and shall
terminate any such contact not later than the date that is 3 years
after the date of the enactment of this Act. Beginning on the date that
is 3 years after the date of the enactment of this Act, any such
program or facility shall be owned and operated by a nonprofit
organization or by the Department of Homeland Security.
(c) Publication of Plan.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall develop, and make
publicly available, a plan and timeline for the implementation of this
section.
SEC. 102. PROCEDURES FOR DETAINING ALIENS.
(a) Custody and Bond Determinations.--Section 236 of the
Immigration and Nationality Act (8 U.S.C. 1226) is amended--
(1) by striking subsections (a) through (c) and inserting
the following:
``(a) Arrest, Detention, and Release.--
``(1) In general.--On a warrant issued by an immigration
judge, or pursuant to section 287(a)(2), the Secretary of
Homeland Security may arrest an alien and, in accordance with
this section, may, pending a decision on whether the alien is
to be removed from the United States--
``(A) detain the alien; or
``(B) release the alien--
``(i) on bond;
``(ii) subject to conditions; or
``(iii) on the alien's own recognizance.
``(2) Exception.--This section shall not apply to an
unaccompanied alien child (as defined in section 462(g)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))). Such
an alien shall be transferred to the custody of the Secretary
of Health and Human Services pursuant to section 235(b)(3) of
the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)).
``(b) Custody and Bond Determinations.--
``(1) Initial determination.--Not later than 48 hours after
taking an alien into custody, the Secretary of Homeland
Security shall make an initial custody determination with
regard to that alien, and provide that determination in writing
to the alien. If the Secretary determines that the release
without conditions of an alien will not reasonably assure the
appearance of the alien as required or will endanger the safety
of any other person or the community, the custody determination
under this paragraph will impose the least restrictive
conditions, as described in paragraph (4).
``(2) Timing.--If an alien seeks to challenge the initial
custody determination under paragraph (1), the alien shall be
provided with the opportunity for a hearing before an
immigration judge to determine whether the alien should be
detained, which hearing shall occur not later than 72 hours
after the initial custody determination, except that an
immigration judge may grant a reasonable continuance upon the
alien's request for additional time to prepare for the hearing.
``(3) Presumption of release.--In a hearing under this
subsection, there shall be a rebuttable presumption that the
alien should be released. The Government shall have the duty of
rebutting this presumption by clear and convincing evidence
based on credible and individualized information that
establishes that the use of alternatives to detention will not
reasonably assure the appearance of the alien at removal
proceedings, or that the alien is a threat to another person or
the community. The fact that an alien has a prior conviction or
a criminal charge pending against the alien may not be the sole
factor to justify the continued detention of the alien.
``(4) Least restrictive conditions required.--If an
immigration judge determines pursuant to a hearing under this
section that the release without conditions of an alien will
not reasonably assure the appearance of the alien as required
or will endanger the safety of any other person or the
community, the immigration judge shall order the least
restrictive conditions, or combination of conditions, that the
judge determines will reasonably assure the appearance of the
alien as required and the safety of any other person and the
community, which may include secured or unsecured release on
bond, or participation in a program described in subsection
(i). Any conditions assigned to an alien pursuant to this
paragraph shall be reviewed by the immigration judge on a
monthly basis.
``(5) Bond determination.--In the case that an immigration
judge makes a determination to release an alien on bond under
subsection (a)(1)(B)(i), the immigration judge shall consider,
for purposes of setting the amount of the bond, the alien's
financial resources and ability to pay the bond without
imposing financial hardship on the alien.
``(6) Special rule for vulnerable persons and primary
caregivers.--In a case in which an alien who is the subject of
a custody determination under this subsection is a vulnerable
person or a primary caregiver, the alien may not be detained
unless the Government shows, in addition to the requirements
under paragraph (3), that it is unreasonable or not practicable
to place the individual in a community-based supervision
program.
``(7) Definition.--In this subsection, the term `vulnerable
person' means an individual who--
``(A) is under 21 years of age or over 60 years of
age;
``(B) is pregnant;
``(C) identifies as lesbian, gay, bisexual,
transgender, or intersex;
``(D) is victim or witness of a crime;
``(E) has filed a nonfrivolous civil rights claim
in Federal or State court;
``(F) has a serious mental or physical illness or
disability;
``(G) has been determined by an asylum officer in
an interview conducted under section 235(b)(1)(B) to
have a credible fear of persecution or a reasonable
fear of persecution under section 208.31 or 241.8(e) of
title 8, Code of Federal Regulations (as in effect on
the date of the enactment of the New Way Forward Act);
``(H) has limited English language proficiency and
is not provided access to appropriate and meaningful
language services in a timely fashion; or
``(I) has been determined by an immigration judge
or the Secretary of Homeland Security to be
experiencing severe trauma or to be a survivor of
torture or gender-based violence, based on information
obtained during intake, from the alien's attorney or
legal service provider, or through credible self-
reporting.
``(c) Subsequent Determinations.--An alien who is detained under
this section shall be provided with a de novo custody determination
hearing under this subsection every 60 days, as well as upon showing of
a change in circumstances or good cause for a de novo custody
determination hearing.''; and
(2) by striking subsection (e) and inserting the following:
``(e) Release Upon an Order Granting Relief From Removal.--In the
case of an alien with respect to whom an immigration judge has entered
an order terminating removal proceedings or an order providing for
relief from removal, including an order granting asylum, or providing
for withholding, deferral, or cancellation of removal, which order is
pending appeal, the Secretary of Homeland Security shall immediately
release the alien upon entry of the order, and may impose only
reasonable conditions on the alien's release from custody.
``(f) Alternatives to Detention.--
``(1) In general.--The Secretary of Homeland Security shall
establish programs that provide alternatives to detaining
aliens, which shall offer a continuum of supervision mechanisms
and options, including community-based supervision programs and
community support. The Secretary may contract with
nongovernmental community-based organizations to provide
programs, which may include case management services,
appearance assistance services, and screenings of aliens who
have been detained.
``(2) Individualized determination required.--In
determining whether to order an alien to participate in a
program under this subsection, the Secretary, or the
immigration judge, as appropriate shall make an individualized
determination to determine the appropriate level of supervision
for the alien. Participation in a program under this subsection
may not be ordered for an alien for whom it is determined that
release on reasonable bond or recognizance will reasonably
assure the appearance of the alien as required and the safety
of any other person and the community.''.
(b) Probable Cause Hearing.--Section 287(a) of the Immigration and
Nationality Act (8 U.S.C. 1357(a)) is amended by striking the matter
preceding paragraph (3) and inserting the following:
``(a) Any officer or employee of the Department of Homeland
Security authorized under regulations prescribed by the Secretary of
Homeland Security shall have power without warrant--
``(1) to interrogate any alien or person believed to be an
alien as to the person's right to be or to remain in the United
States, provided that such interrogation is not based on the
person's race, ethnicity, national origin, religion, sexual
orientation, color, spoken language, or English language
proficiency; and
``(2) to arrest any alien who in the officer or employee's
presence or view is entering or attempting to enter the United
States in violation of any law or regulation made in pursuance
of law regulating the admission, exclusion, expulsion, or
removal of aliens, or to arrest any alien in the United States,
if--
``(A) the officer or employee has probable cause to
believe that the alien so arrested is in the United
States in violation of any such law or regulation and
is likely to escape before a warrant can be obtained
for his arrest;
``(B) the officer or employee has reason to believe
that the person would knowingly and willfully fail to
appear in immigration court in response to a properly
served notice to appear; and
``(C) not later than 48 hours after being taken
into custody, the arrested alien is provided with a
hearing before an immigration judge to determine
whether there is probable cause as required by this
section, including probable cause to believe that the
person would have knowingly and willfully failed to
appear as required under subparagraph (B), which burden
to establish probable cause shall be on the
Government.''.
(c) Mandatory Detention Repealed.--The Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 235(b)(1)(B)(ii)--
(A) by striking ``shall'' and inserting ``may'';
and
(B) by inserting before the period at the end the
following: ``pursuant to the custody review procedures
set forth in section 236'';
(2) by striking section 235(b)(1)(B)(iii)(IV);
(3) in section 235(b)(2)(A)--
(A) by striking ``shall'' and inserting ``may'';
and
(B) by inserting before the period at the end the
following: ``pursuant to the custody review procedures
set forth in section 236'';
(4) by striking section 236A;
(5) in section 238(a)(2), by striking ``pursuant to section
236(c)''; and
(6) in section 506(a)(2)--
(A) by striking the paragraph heading and inserting
the following: ``Release hearing for aliens detained'';
and
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``lawfully admitted for permanent
residence'';
(ii) by striking clause (i); and
(iii) by redesignating clauses (ii) and
(iii) as clauses (i) and (ii), respectively.
(d) Aliens Ordered Removed.--Section 241(a) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)) is amended--
(1) in paragraph (1), by striking ``90 days'' each place it
appears and inserting ``60 days'';
(2) by striking paragraph (2) and inserting the following:
``(2) Initial custody redetermination hearing.--
``(A) In general.--Not later than 72 hours after
the entry of a final administrative order of removal,
the alien ordered removed shall be provided with a
custody redetermination hearing before an immigration
judge.
``(B) Presumption of detention.--For purposes of
the hearing under subparagraph (A), the alien shall be
detained during the removal period unless the alien can
show, by a preponderance of the evidence, that the
alien's removal is not reasonably foreseeable and that
the alien does not pose a risk to the safety of any
individual or to the community.'';
(3) in paragraph (3)--
(A) in the paragraph heading, by striking ``90-
day'' and inserting ``60-day''; and
(B) in the matter preceding subparagraph (A), by
striking ``the alien, pending removal, shall be subject
to supervision under'' and inserting the following:
``except as provided in paragraph (7), any alien who
has been detained during the removal period shall be
released from custody, pending removal, subject to
individualized supervision requirements in accordance
with'';
(4) by striking paragraph (6); and
(5) by striking paragraph (7) and inserting the following:
``(7) Subsequent custody redetermination hearings.--
``(A) In general.--The Government may request a
subsequent redetermination hearing before an
immigration judge seeking continued detention for an
alien ordered to be detained pursuant to paragraph (2)
who has not been removed within the removal period.
``(B) Standard.--An alien may only be detained
after the removal period upon a showing by the
Government that--
``(i) the alien's removal is reasonably
foreseeable; and
``(ii) the alien poses a risk to the safety
of an individual or the community, which may
only be established based on credible and
individualized information that establishes
objective risk factors, and may not be
established based only on the fact that the
alien has been charged with or is suspected of
a crime.
``(C) Period of detention.--An alien may not be
detained pursuant to an order under this paragraph for
longer than a 60-day period. The Government may seek
subsequent redetermination hearings under this
paragraph in order to continue detaining an alien
beyond each such 60-day period.''.
TITLE II--STATUTE OF LIMITATIONS
SEC. 201. TIME FOR COMMENCING REMOVAL PROCEEDINGS.
Section 239(d) of the Immigration and Nationality Act (8 U.S.C.
1229(d)) is amended by adding at the end the following:
``(3)(A) Notwithstanding paragraph (2), any removal proceeding
against an alien previously admitted to the United States for being
within a class of deportable aliens described in section 237(a)(2), or
within a class of inadmissible aliens described in section 212(a)(2),
shall not be entertained unless commenced not later than the date that
is five years after the date on which the alien became deportable or
inadmissible.
``(B) This paragraph shall apply to any removal proceeding
resulting in an order of removal before the date of the enactment of
the New Way Forward Act as if in effect on the date on which the
removal proceeding was commenced.''.
TITLE III--LIMIT CRIMINAL-SYSTEM-TO-REMOVAL PIPELINE
SEC. 301. CRIMINAL OFFENSES AND IMMIGRATION LAWS.
(a) Inadmissibility Based on Criminal and Related Grounds.--Section
212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2))
is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) through (I) as
subparagraphs (A) through (H), respectively.
(b) Deportability Based on Criminal Offenses.--Section 237(a)(2) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended--
(1) in subparagraph (A)--
(A) by striking clauses (i) and (ii);
(B) by redesignating clauses (iii) through (vi) as
clauses (i) through (iv), respectively; and
(C) in clause (iv), as so redesignated, by striking
``Clauses (i), (ii), and (iii)'' and inserting
``Clauses (i) and (ii)'';
(2) by striking subparagraph (B); and
(3) by redesignating subparagraphs (C) through (F) as
subparagraphs (B) through (E), respectively.
SEC. 302. DEFINITIONS.
(a) Aggravated Felony.--Section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``means--'' and inserting ``means a felony, for which a term of
imprisonment of not less than 5 years was imposed, that is--'';
(2) in subparagraph (F), by striking ``for which the term
of imprisonment at least one year'';
(3) in subparagraph (G), by striking ``for which'' and all
that follows through ``year'';
(4) in subparagraph (J), by striking ``, for which a
sentence of one year imprisonment or more may be imposed'';
(5) in subparagraph (P)--
(A) by striking ``(i)''; and
(B) by striking ``and (ii) for which the term of
imprisonment imposed (regardless of any suspension of
such imprisonment) is at least 12 months'';
(6) in subparagraph (R), by striking ``for which the term
of imprisonment is at least one year'';
(7) in subparagraph (S), by striking ``, for which the term
of imprisonment is at least one year''; and
(8) by striking the last sentence.
(b) Conviction.--Section 101(a)(48) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(48)) is amended--
(1) in subparagraph (A), by striking ``court'' and all that
follows through ``to be imposed.'' and inserting the following:
``court. An adjudication or judgment of guilt that has been
dismissed, expunged, sealed, deferred, annulled, invalidated,
withheld, or vacated, or where a court has issued a judicial
recommendation against removal, or an order of probation
without entry of judgment or any similar disposition, shall not
be considered a conviction for purposes of this Act. No
judgment on appeal or within the time to file direct appeal
shall be deemed a `conviction' for the purposes of this Act.'';
and
(2) in subparagraph (B)--
(A) by inserting ``only'' after ``deemed to
include''; and
(B) by striking ``or confinement'' and all that
follows through the period at the end and inserting
``ordered by a court of law. Any such reference shall
not be deemed to include any suspension of the
imposition or execution of that imprisonment or
sentence in whole or in part.''.
(c) Particularly Serious Crime.--Section 208(b)(2)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(B)(i)) is amended
to read as follows:
``(i) Conviction of aggravated felony.--For
purposes of clause (ii) of subparagraph (A),
section 241(b)(3)(B), or any other provision of
this Act, only an alien who has been convicted
of an aggravated felony for which a term of
imprisonment of not less than five years was
imposed shall be considered to have been
convicted of a particularly serious crime.''.
(d) Applicability.--The amendments made by this section shall apply
to--
(1) admissions and conduct occurring before, on, or after
the date of the enactment of this Act; and
(2) convictions and sentences entered before, on, or after
the date of the enactment of this Act.
TITLE IV--RESTORE JUDICIAL DISCRETION AND END REMOVAL WITHOUT DUE
PROCESS
SEC. 401. IMMIGRATION PROCEDURAL CHANGES.
(a) Decision and Burden of Proof.--Section 240(c)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1229(c)(1)(A)) is amended by
inserting after the period at the end the following: ``Notwithstanding
any other provision of law, an immigration judge may grant any relief
or deferral from removal, including withholding of removal, to any
individual who is otherwise eligible for such relief but for a prior
criminal conviction, or the commission of or a finding of the
commission of other conduct described in section 212(a)(2), 237(a)(2),
or 237(a)(3), if the immigration judge finds such an exercise of
discretion appropriate in pursuit of humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest.''.
(b) Removal of Aliens Who Are Not Permanent Residents.--Section 238
of the Immigration and Nationality Act (8 U.S.C. 1228) is amended--
(1) by striking subsection (b); and
(2) by redesignating the first subsection (c) as subsection
(b).
(c) Reinstatement of Removal Orders Against Aliens Illegally
Reentering.--Section 241(a) of the Immigration and Nationality Act (8
U.S.C. 1231(a)) is amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.
(d) Special Rules Relating to Continuous Residence or Physical
Presence.--Section 240A(d) of the Immigration and Nationality Act (8
U.S.C. 1229b(d)) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(e) Judicial Review of Orders of Removal.--Section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252) is amended by striking
subsection (a)(2)(C).
TITLE V--PROHIBITION AGAINST PERFORMANCE OF IMMIGRATION OFFICER
FUNCTIONS BY STATE AND LOCAL OFFICERS AND EMPLOYEES
SEC. 501. LOCAL ENFORCEMENT.
(a) In General.--Section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) is amended to read as follows:
``(g)(1) The officers and employees of any State, or any political
subdivision of a State, are prohibited from performing the function of
an immigration officer in relation to the investigation, apprehension,
transport, or detention of aliens in the United States or otherwise
assist in the performance of such functions.
``(2) Civil immigration warrants shall not be made available to the
officers or employees of any State, or any political subdivision of a
State, through the National Crime Information Center database or its
incorporated criminal history databases. Federal, State, and local law
enforcement officials are prohibited from entering into the National
Crime Information Center database or its incorporated criminal history
databases information that relates to an alien's immigration status,
the existence of a prior removal, deportation, or voluntary departure
order entered against an alien, or any allegations of civil violations
of the immigration laws. Any information described in this paragraph
that is in the National Crime Information Center database shall be
removed from such database not later than 90 days after the enactment
of the New Way Forward Act.''.
(b) Prohibiting Coordination for Enforcement of Immigration Laws.--
(1) Prohibiting state and local law enforcement arrest and
detention of aliens.--Section 439 of the Antiterrorism and
Effective Death Penalty Act of 1996 (8 U.S.C. 1252c) is
repealed.
(2) Communication.--Section 434 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1644) is repealed.
(c) Communication and Enforcement.--Section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1373) is repealed.
SEC. 502. NATIONAL CRIME INFORMATION CENTER.
Section 534(f) of title 28, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Civil immigration warrants shall not be made
available to the officers or employees of any State, or any
political subdivision of a State, through the National Crime
Information Center database or its incorporated criminal
history databases. Federal, State, and local law enforcement
officials are prohibited from entering into the National Crime
Information Center database or its incorporated criminal
history databases information that relates to an alien's
immigration status, the existence of a prior removal,
deportation, or voluntary departure order entered against an
alien, or any allegations of civil violations of the
immigration laws. Any information described in this paragraph
that is in the National Crime Information Center database shall
be removed from such database not later than 90 days after the
enactment of the New Way Forward Act.''.
TITLE VI--DECRIMINALIZE MIGRATION
SEC. 601. REPEALING MIGRATION CRIMINAL LAWS.
(a) Criminal Penalties for Entry at Improper Time or Place.--
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is
repealed.
(b) Criminal Penalties for Reentry.--Section 276 of the Immigration
and Nationality Act (8 U.S.C. 1326) is repealed.
TITLE VII--RIGHT TO COME HOME
SEC. 701. RECONSIDERING AND REOPENING IMMIGRATION CASES.
(a) In General.--Notwithstanding any other provision of law, the
Attorney General--
(1) shall grant a motion to reconsider or reopen
proceedings pursuant to paragraph (6) or (7) of section 240(c)
of the Immigration and Nationality Act (8 U.S.C. 1229a(c)) with
respect to any alien who--
(A) on or after April 24, 1996--
(i) was ordered removed, deported, or
excluded; or
(ii) departed the United States pursuant to
a grant of voluntary departure under section
240B of the Immigration and Nationality Act (8
U.S.C. 1229c) (regardless of whether or not the
alien was ordered removed, deported, or
excluded); and
(B) demonstrates that the alien--
(i) would not have been considered
inadmissible, excludable, or deportable under
the immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(17))) if this Act, and
the amendments made by this Act, had been in
effect on the date on which such order was
issued or the voluntary departure took place;
or
(ii) would have been eligible to apply for
relief from removal, deportation, or exclusion
under such laws if this Act, and the amendments
made by this Act, had been in effect on the
date on which such order was issued or the
voluntary departure took place; and
(2) shall deem an alien who makes the demonstration under
paragraph (1)(B) as not having been removed, deported,
excluded, or departed, and as not having failed to depart under
a voluntary departure order, for all purposes under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(b) Previously Filed Application; Previous Motions To Reopen or
Reconsider.--The Attorney General may not reject or deny a motion to
reconsider or reopen under subsection (a) because--
(1) the alien did not include a copy of any previously
filed application for relief; or
(2) the alien had previously filed a motion to reopen or
reconsider.
(c) Deadline.--The deadline described in paragraphs (6)(B) and
(7)(C)(i) of section 240(c) of the Immigrations and Nationality Act (8
U.S.C. 1229a(c)) shall not apply to a motion to reopen or reconsider
under this section.
(d) Transportation.--The Secretary of Homeland Security shall
provide transportation for aliens eligible for reopening or
reconsideration of their proceedings under this section, at Government
expense, to return to the United States for further immigration
proceedings and shall admit or parole the alien into the United States.
(e) Physical Presence Requirement.--For the purpose of applications
filed subsequent to reopening under this section pursuant to section
240A of the Immigration and Nationality Act (8 U.S.C. 1229b), or any
other application for relief under the immigration laws (as defined in
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))), removal, deportation, exclusion, or voluntary departure
shall not be considered to toll any physical presence requirement.
(f) Judicial Review.--Notwithstanding any other provision of the
Immigration and National Act (8 U.S.C. 1101 et seq.), any denial of a
motion to reopen or reconsider submitted pursuant to this section is
subject to de novo judicial review in a Federal district court having
jurisdiction over the applicant's residence or, in the case of an
applicant who was removed from the United States, the last known
residential address of the applicant in the United States.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
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