Citizenship for Essential Workers Act
This bill establishes a mechanism for eligible non-U.S. nationals (aliens under federal law) who worked as essential workers during the declared COVID-19 public health emergency to apply for and obtain lawful permanent resident status (sometimes referred to as a green card). The bill also narrows certain grounds for deportability and inadmissibility.
To be eligible for a green card under this bill, an individual must have earned income at any point during the COVID-19 emergency period doing work deemed essential by the Department of Homeland Security (DHS) or a state or local government. An individual may also be eligible if that individual is a parent, spouse, or child of (1) an eligible individual who died from COVID-19, or (2) a member of the Armed Forces. Certain individuals shall be ineligible, such as an individual who was a refugee on January 1, 2023.
To obtain a green card under this bill, an applying individual must satisfy additional requirements, including by passing a background check.
Furthermore, the bill repeals provisions providing for three-year bars and permanent bars to admission into the United States. (Generally, these bars apply to individuals who were previously removed or unlawfully present.)
The bill also narrows the scope of certain crime-based grounds for inadmissibility or deportability, such as by redefining the term conviction to exclude expunged convictions.
The Department of Justice or DHS may waive certain grounds of inadmissibility or deportability (1) for humanitarian purposes, (2) to ensure family unity, or (3) for the public interest.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3043 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3043
To amend the Immigration and Nationality Act to provide for the
adjustment of status of essential workers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Castro of Texas (for himself, Mr. Lieu, Mr. Garcia of Illinois, Ms.
Barragan, Mr. Torres of New York, Mr. Vargas, Mr. Gomez, Mr. Espaillat,
Ms. Norton, Mr. Grijalva, Ms. Jackson Lee, Ms. Escobar, Ms. Garcia of
Texas, Mr. Johnson of Georgia, Mr. Khanna, Mr. McGovern, Ms. Jayapal,
and Mr. Soto) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for the
adjustment of status of essential workers, 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 ``Citizenship for Essential Workers
Act''.
SEC. 2. ADJUSTMENT OF STATUS OF ESSENTIAL WORKERS.
(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after
section 245A, the following:
``SEC. 245B. ADJUSTMENT OF STATUS FOR ESSENTIAL WORKERS.
``(a) Adjustment of Status for Essential Workers.--Notwithstanding
any other provision of law, the Secretary of Homeland Security
(referred to in this section as the `Secretary') or the Attorney
General shall adjust to the status of an alien lawfully admitted for
permanent residence--
``(1) an alien who--
``(A) satisfies the eligibility requirements set
forth in subsection (b); and
``(B) submits an application and satisfies the
criminal and national security background checks and
payment of applicable fees pursuant to the procedures
set forth in subsection (d); and
``(2) the parents, spouse, sons, and daughters of such
alien.
``(b) Eligibility.--An alien applying for status under subsection
(a) shall satisfy the following requirements:
``(1) Aliens working in certain sectors, industries, and
occupations.--Except as provided in paragraph (2), the alien
shall have, at any point during the period described in
subsection (i), earned income for work in any of the following
private, public, or nonprofit sectors, industries, or
occupations:
``(A) Health care.
``(B) Emergency response.
``(C) Sanitation.
``(D) Restaurant ownership, food preparation,
vending, catering, food packaging, food services, or
delivery.
``(E) Hotel or retail.
``(F) Fish, poultry, and meat processing work.
``(G) Agricultural work, including labor that is
seasonal in nature.
``(H) Commercial or residential landscaping.
``(I) Commercial or residential construction or
renovation.
``(J) Housing, residential, and commercial
construction related activities or public works
construction.
``(K) Domestic work in private households,
including child care, home care, or house cleaning.
``(L) Natural disaster recovery, disaster
reconstruction, and related construction.
``(M) Home and community-based work, including--
``(i) home health care;
``(ii) residential care;
``(iii) assistance with activities of daily
living;
``(iv) any service provided by direct care
workers (as defined in section 799B of the
Public Health Service Act (42 U.S.C. 295p)),
personal care aides, job coaches, or supported
employment providers; and
``(v) any other provision of care to
individuals in their homes by direct service
providers, personal care attendants, and home
health aides.
``(N) Family care, including child care services,
in-home child care services such as nanny services, and
care services provided by family members to other
family members.
``(O) Manufacturing.
``(P) Warehousing.
``(Q) Transportation or logistics.
``(R) Janitorial.
``(S) Laundromat and dry-cleaning operators.
``(T) Any other work performed by `essential
critical infrastructure workers', as described in the
memorandum of the Department of Homeland Security
entitled `Advisory Memorandum on Ensuring Essential
Critical Infrastructure Workers Ability to Work During
the COVID-19 Response', which was originally issued by
the Director of the Cybersecurity and Infrastructure
Security Agency on March 19, 2020, and last updated on
August 10, 2021.
``(U) Any other work that a State or local
government considers to be essential during the
emergency referred to in subsection (i).
``(2) Certain other eligible aliens.--An alien not
described in paragraph (1)--
``(A) shall--
``(i)(I) have earned income in any sector,
industry, or occupation described in that
paragraph on any date during the period
described in subsection (i) but was unable to
continue that work through no fault of the
alien, including because the working conditions
posed a high degree of risk to the alien's
health and safety; and
``(II) have been seeking to resume work in
any such sector, industry, or occupation;
``(B) is the surviving parent, spouse, son, or
daughter of an alien who--
``(i) performed any service or labor for
remuneration in any sector, industry, or
occupation described in that paragraph on any
date during the period described in subsection
(i); and
``(ii) died due to COVID-19; or
``(C) is the parent, spouse, son, or daughter of a
member of the Armed Forces, including the National
Guard.
``(3) Physical presence.--
``(A) Date of submittal of application.--The alien
shall be physically present in the United States on the
date on which the application is submitted.
``(B) Continuous physical presence.--
``(i) In general.--Except as provided in
clause (ii), the alien shall have been
continuously physically present in the United
States beginning on January 1, 2023, and ending
on the date on which the application is
approved.
``(ii) Exceptions.--
``(I) Authorized absence.--An alien
who departed temporarily from the
United States shall not be considered
to have failed to maintain continuous
physical presence in the United States
during any period of travel that was
authorized by the Secretary.
``(II) Brief, casual, and innocent
absences.--
``(aa) In general.--An
alien who departed temporarily
from the United States shall
not be considered to have
failed to maintain continuous
physical presence in the United
States if the alien's absences
from the United States are
brief, casual, and innocent,
whether or not such absences
were authorized by the
Secretary.
``(bb) Absences more than
180 days.--For purposes of this
clause, an absence of more than
180 days, in the aggregate,
during a calendar year shall
not be considered brief, unless
the Secretary finds that the
length of the absence was due
to circumstances beyond the
alien's control, including the
serious illness of the alien,
death or serious illness of a
spouse, parent, grandparent,
grandchild, sibling, son, or
daughter of the alien, or due
to international travel
restrictions.
``(iii) Effect of notice to appear.--
Issuance of a notice to appear under section
239(a) shall not be considered to interrupt the
continuity of an alien's continuous physical
presence in the United States.
``(c) Grounds for Ineligibility.--
``(1) Certain grounds of inadmissibility.--
``(A) In general.--Subject to subparagraph (B), an
alien shall be ineligible for status under this section
if the alien--
``(i) is inadmissible under paragraph (2),
(3), (6)(E), (8), (10)(C), or (10)(E) of
section 212(a);
``(ii) has been convicted of a felony
offense (excluding any offense under State law
for which an essential element in the alien's
immigration status); or
``(iii) has been convicted of 3 or more
misdemeanor offenses (excluding simple
possession of cannabis or cannabis-related
paraphernalia, any offense involving cannabis
or cannabis-related paraphernalia that 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) not occurring on
the same date, and not arising out of the same
act, omission, or scheme of misconduct.
``(B) Waivers.--
``(i) In general.--For purposes of
subparagraph (A), the Secretary may, for
humanitarian purposes, family unity, or if
otherwise in the public interest--
``(I) waive inadmissibility under--
``(aa) subparagraphs (A),
(C), and (D) of section
212(a)(2); and
``(bb) paragraphs (6)(E),
(8), (10)(C), and (10)(E) of
such section;
``(II) waive ineligibility under
subparagraph (A)(ii) (excluding
offenses described in section
101(a)(43)(A)) or inadmissibility under
subparagraph (B) of section 212(a)(2)
if the alien has not been convicted of
any offense during the 10-year period
preceding the date on which the alien
applies for status under this section;
and
``(III) for purposes of
subparagraph (A)(iii), waive
consideration of--
``(aa) 1 misdemeanor
offense if, during the 5-year
period preceding the date on
which the alien applies for
status under this section the
alien has not been convicted of
any offense; or
``(bb) 2 misdemeanor
offenses if, during the 10-year
period preceding such date, the
alien has not been convicted of
any offense.
``(ii) Considerations.--In making a
determination under subparagraph (B), the
Secretary of Homeland Security or the Attorney
General shall consider all mitigating and
aggravating factors, including--
``(I) the severity of the
underlying circumstances, conduct, or
violation;
``(II) the duration of the alien's
residence in the United States;
``(III) evidence of rehabilitation,
if applicable; and
``(IV) the extent to which the
alien's removal, or the denial of the
alien's application, would adversely
affect the alien or the alien's United
States citizen or lawful permanent
resident family members.
``(2) Aliens in certain immigration statuses.--An alien
shall be ineligible for adjustment of status under this section
if, on January 1, 2023, the alien was any of the following:
``(A) An alien lawfully admitted for permanent
residence.
``(B) An alien admitted as a refugee under section
207 or granted asylum under section 208.
``(C) An alien who, according to the records of the
Secretary or the Secretary of State, was in a period of
authorized stay in a nonimmigrant status described in
section 101(a)(15), other than--
``(i) the spouse, son, or daughter of an
alien who is eligible for status under this
section;
``(ii) an alien who is considered to be in
a nonimmigrant status solely by reason of
section 702 of the Consolidated Natural
Resources Act of 2008 (Public Law 110-229; 122
Stat. 854) or section 244(f)(4) of this Act;
``(iii) a nonimmigrant described in section
101(a)(15)(H)(ii); and
``(iv) a nonimmigrant who is described in
subsection (b).
``(D) An alien paroled into the Commonwealth of the
Northern Mariana Islands or Guam who did not reside in
the Commonwealth or Guam on November 28, 2009.
``(3) Certain aliens outside the united states and unlawful
reentrants.--An alien shall be ineligible for adjustment of
status under this section if the alien--
``(A) departed the United States while subject to
an order of exclusion, deportation, removal, or
voluntary departure; and
``(B)(i) was outside the United States on January
1, 2023; or
``(ii) reentered the United States unlawfully after
January 1, 2023.
``(d) Application.--
``(1) Fee.--
``(A) In general.--The Secretary shall, subject to
an exemption under subparagraph (B), require an alien
applying for adjustment of status under this section to
pay a reasonable fee commensurate with the cost of
processing the application.
``(B) Exemptions.--An applicant may, in the
discretion of the Secretary, be exempted from paying an
application fee required under this paragraph if the
applicant--
``(i) received total income, during the 1-
year period immediately preceding the date on
which the applicant files an application under
this section, that is less than 250 percent of
the Federal poverty line;
``(ii) is younger than 21 years of age;
``(iii) is in foster care or is a juvenile
who lacks any parental or other familial
support; or
``(iv) cannot care for himself or herself
because of a serious disability.
``(C) Installments.--The Secretary may allow
applicants to pay the fee under this paragraph in
installments.
``(2) Background checks.--The Secretary may not grant an
alien permanent resident status under this section until a
background check has been completed.
``(3) Withdrawal of application.--
``(A) In general.--On receipt of a request to
withdraw an application under this section, the
Secretary shall cease processing of the application and
close the case.
``(B) Effect of withdrawal.--Withdrawal of such an
application shall not prejudice any future application
filed by the applicant for any immigration benefit
under this Act.
``(e) Employer Requirements.--
``(1) In general.--On request, an employer, the agent of an
employer, or any person who provides compensation directly or
indirectly to a worker for labor or service, shall provide a
worker with documents that will assist the worker's filing of
an application under subsection (d).
``(2) Effect of delay or noncompliance.--With respect to a
request described in paragraph (1), delay or noncompliance on
the part of an employer, the agent of an employer, or the
person who provides compensation directly or indirectly shall
result in an escalating fine that accrues for the duration of
the delay or noncompliance.
``(f) Employer Protections.--No part of an alien's application or
request for documents under subsection (e) shall be used as evidence
regarding an employer's or any other person's hiring, employment, or
continued employment of an alien described in subsection (b) for
purposes of demonstrating a violation of section 274A(a) of the
Immigration and Nationality Act (8 U.S.C. 1324a(a)) so long as the
employer or other person has complied with such subsection (e).
``(g) Worker Protections.--
``(1) In general.--An employer, the agent of an employer,
or any person who provides compensation directly or indirectly
to a worker for labor or service shall not take an adverse
action against a worker based on a request made by the worker
in good faith for documents or information to support an
application for adjustment of status under this section.
``(2) Presumption.--
``(A) In general.--If any person or entity
described in paragraph (1) takes an adverse action
against such a worker within 90 days of the worker's
request for such documentation or information, such
conduct shall raise a presumption that the adverse
action was carried out in--
``(i) response to such request; and
``(ii) in violation of this subsection.
``(B) Rebuttal.--The presumption under subparagraph
(A) may be rebutted by clear and convincing evidence
that the adverse action was taken for other permissible
reasons.
``(3) Civil action.--A worker may bring a civil action in a
Federal or State court of competent jurisdiction against any
person or entity described in paragraph (1) that violates this
subsection to seek such legal or equitable relief as may be
appropriate, including reinstatement, promotion, the payment of
wages lost, an additional equal amount as liquidated damages,
and punitive damages. An action commenced under this paragraph
may be commenced within 2 years after the cause of action
accrued. In any judgment in favor of a worker, and in any
proceeding to enforce such a judgment, the court shall award
reasonable attorney's fees and costs to the prevailing
plaintiff.
``(h) Clarification.--Nothing in this section shall be construed to
require an alien described in subsection (b) to appear before an agent
of the Department of Homeland Security or any other Federal agency for
an interview.
``(i) Period Described.--The period described in this subsection is
the period beginning on the first day of 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.
``(j) Submission of Biometric and Biographic Data.--
``(1) In general.--
``(A) In general.--The Secretary may not grant an
alien adjustment of status under this section unless
the alien submits biometric and biographic data, in
accordance with procedures established by the
Secretary.
``(B) Alternative procedure.--The Secretary shall
provide an alternative procedure for aliens who are
unable to provide such biometric or biographic data due
to a physical or mental impairment or bona fide
religious objection.
``(2) Background checks.--
``(A) In general.--The Secretary shall use
biometric and biographic data--
``(i) to conduct security and law
enforcement background checks; and
``(ii) to determine whether there is any
criminal, national security, or other factor
that would render the alien ineligible for
adjustment of status under this section.
``(B) Completion required.--
``(i) In general.--The status of an alien
may not be adjusted under this section unless
security and law enforcement background checks
are completed to the satisfaction of the
Secretary.
``(ii) Timeline.--
``(I) In general.--Except as
provided in subclause (II), the
security and law enforcement background
checks required by this paragraph shall
be completed within 60 days.
``(II) Extension for good cause.--
The Secretary may extend the timeline
under subclause (I) for good cause and,
in the case of such an extension, shall
communicate the delay to the applicant.
``(k) Adjudication.--
``(1) In general.--The Secretary shall evaluate each
application filed pursuant to this section to determine whether
the alien meets all applicable requirements.
``(2) Adjustment of status if favorable determination.--If
the Secretary determines that the alien meets the requirements
under this section, the Secretary shall--
``(A) notify the alien of such determination; and
``(B) adjust the status of the alien to that of an
alien lawfully admitted for permanent residence,
effective as of the date of such determination.
``(3) Adverse determination.--If the Secretary determines
that the alien does not meet the requirements for status under
this section, the Secretary shall notify the alien of such
determination.
``(l) Aliens Ordered Removed.--
``(1) In general.--An alien present in the United States
who has been ordered removed or has been permitted to depart
voluntarily from the United States, notwithstanding such order
or permission to depart, may apply for adjustment of status
under this section.
``(2) Opportunity to apply.--
``(A) In general.--An alien who appears to be prima
facie eligible for relief under this section shall be
given a reasonable opportunity to apply for such relief
and shall not be removed until a final decision
establishing ineligibility for relief is rendered.
``(B) Motion not required.--Such alien shall not be
required to file a separate motion to reopen,
reconsider, or vacate the order of removal.
``(C) Effect of approval.--If the Secretary
approves the application, the Secretary or the Attorney
General shall vacate the order of removal and terminate
any removal proceedings.
``(D) Effect of denial.--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, but only after all
available administrative and judicial remedies have
been exhausted.
``(m) Advance Parole.--
``(1) In general.--During the period beginning on the date
on which an alien applies for adjustment of status under this
section 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 based on any reasonable
need to travel.
``(2) Applicability.--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 subsection.
``(n) Employment Authorization.--
``(1) In general.--
``(A) In general.--An alien whose removal is stayed
pursuant to this section or who has a pending
application under this section shall, on application to
the Secretary, be granted an employment authorization
document.
``(B) Timeline for issuance.--
``(i) In general.--Except as provided in
clause (ii), an employment authorization
document shall be issued within 30 days.
``(ii) Extension for good cause.--The
Secretary may extend the timeline under clause
(ii) for good cause and, in the case of such an
extension, shall communicate the delay to the
applicant.
``(2) Receipt of application.--
``(A) In general.--As soon as practicable after
receiving an application for status under this section,
the Secretary shall provide the applicant with a
document acknowledging receipt of such application.
``(B) Evidence of employment authorization.--A
document issued under subparagraph (A) shall--
``(i) serve as interim evidence of the
alien's authorization to accept employment in
the United States; and
``(ii) be accepted by an employer as
evidence of employment authorization under
section 274A(b)(1)(C) pending a final decision
on the application.
``(o) Exemption From Numerical Limitation.--Nothing in this section
or in any other law may be construed--
``(1) to limit the number of aliens who may be granted
permanent resident status under this section; or
``(2) to count against any other numerical limitation under
this Act.
``(p) Administrative Review.--
``(1) Exclusive administrative review.--Administrative
review of a determination with respect to an application for
status under this section shall be conducted solely in
accordance with this subsection.
``(2) Administrative appellate review.--
``(A) Establishment of administrative appellate
authority.--The Secretary shall establish or designate
an appellate authority to provide for a single level of
administrative appellate review of determinations with
respect to applications for, and revocations of, status
under this section.
``(B) Single appeal for each administrative
decision.--
``(i) In general.--An alien in the United
States whose application for status under this
section has been denied or whose status under
this section has been revoked may file with the
Secretary not more than 1 appeal of each such
decision.
``(ii) Changed circumstance.--On a showing
of changed circumstances, the Secretary may
waive the numerical limitation under clause
(i).
``(iii) Notice of appeal.--
``(I) In general.--A notice of
appeal filed under this paragraph shall
be filed not later than 90 days after
the date of service of the denial or
revocation, unless the delay beyond the
90-day period is reasonably
justifiable.
``(II) Waiver.--On showing that the
delay was reasonably justifiable, the
Secretary may waive the time limitation
described in subclause (I).
``(III) Service.--Service of a
notice of appeal under this clause
shall be provided in English, Spanish,
and any other language that the alien
concerned is known to understand, and
shall be made upon counsel of record.
``(C) Review by secretary.--Nothing in this
paragraph may be construed to limit the authority of
the Secretary to certify appeals for review and final
administrative decision.
``(D) Denial of petitions for dependents.--A
decision to deny, or revoke the approval of, a petition
filed by an alien to classify a spouse, son, daughter,
or child of the alien as the spouse, son, daughter, or
child for purposes of status under this section may be
appealed under this paragraph.
``(E) Record for review.--Administrative appellate
review under this paragraph shall be de novo and based
solely upon--
``(i) the administrative record established
at the time of the determination on the
application; and
``(ii) any additional newly discovered or
previously unavailable evidence.
``(3) Stay of removal.--An alien seeking administrative
review of a denial, or revocation of approval, of an
application under this section shall not be removed from the
United States before a final decision is rendered establishing
ineligibility for lawful permanent residence.
``(q) Information Privacy.--
``(1) In general.--Except as provided in paragraph (3), no
officer or employee of the United States may--
``(A) disclose (directly or indirectly, including
through inclusion in a database), access, or use the
information provided by an alien pursuant to an
application filed under this section (including
information provided during administrative or judicial
review) for the purpose of immigration enforcement,
including the initiation of removal proceedings; or
``(B) publish any information provided pursuant to
an application under this section.
``(2) Referrals prohibited.--The Secretary, based solely on
information provided in an application for adjustment of status
under this section (including information provided during
administrative or judicial review) or an application for
deferred action pursuant to 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, 2020, 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.
``(3) Required disclosure.--Notwithstanding paragraph (1),
the Attorney General or the Secretary shall provide the
information provided in an application under this section, and
any other information derived from such information, to an
official coroner for purposes of affirmatively identifying a
deceased individual (whether or not such individual is deceased
as a result of a crime).
``(4) Penalty.--Whoever knowingly uses, publishes, or
permits information to be examined in violation of this
subsection shall be fined not more than $50,000.
``(5) Safeguards.--The Secretary shall require appropriate
administrative and physical safeguards to protect against
direct and indirect disclosure, access, and uses of information
that violate this subsection.
``(6) Assessments.--Not less frequently than annually, the
Secretary shall conduct an assessment that, for the preceding
calendar year--
``(A) analyzes the effectiveness of the safeguards
described in paragraph (5);
``(B) determines the number of authorized
disclosures under paragraph (3) made; and
``(C) determines the number of disclosures
prohibited under paragraphs (1) and (2) made.
``(r) Eligibility for Other Statuses.--An alien's eligibility to be
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking any status under any other provision of
law for which the alien may otherwise be eligible.
``(s) Effect of Failure To Comply With Removal Order.--Failure to
comply with 1 or more removal orders or voluntary departure agreements
for acts committed before the date of the enactment of this section
shall not affect the eligibility of an alien to apply for a benefit
under this section.''.
(b) Judicial Review.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by inserting ``the
exercise of discretion specified under this title
arising under'' after ``no court shall have
jurisdiction to review'';
(B) in subparagraph (C), by inserting ``or
subsection (h)'' after ``subparagraph (D)''; and
(C) in subparagraph (D)--
(i) by striking ``(other than in this
section)''; and
(ii) by striking ``raised upon a petition
for review filed with an appropriate court of
appeals in accordance with this section'';
(2) in subsection (b)--
(A) in paragraph (2), in the first sentence, by
inserting ``or, in the case of a decision rendered
under subsection (c), in the judicial circuit in which
the petitioner resides'' after ``proceedings''; and
(B) in paragraph (9), by striking the first
sentence and inserting the following: ``Except as
otherwise provided in this section, judicial review of
a determination respecting a removal order shall be
available only in judicial review of a final order
under this section.'';
(3) in subsection (f)--
(A) in paragraph (1), by striking ``or restrain the
operation of''; and
(B) in paragraph (2), by inserting ``after all
administrative and judicial review available to the
alien is complete'' before ``unless''; and
(4) by adding at the end the following:
``(h) Judicial Review of Eligibility Determinations Relating to
Status Under Title 5.--
``(1) Direct review.--If an alien's application under
section 245B is denied, or the approval of such application is
revoked, after the exhaustion of administrative appellate
review under subsection (p) of that section, the alien may seek
review of such decision, in accordance with chapter 7 of title
5, United States Code, in the district court of the United
States for the district in which the alien resides.
``(2) Status during review.--During the period in which a
review described in paragraph (1) is pending--
``(A) any unexpired grant of voluntary departure
under section 240B shall be tolled; and
``(B) any order of exclusion, deportation, or
removal shall automatically be stayed unless the court,
in its discretion, orders otherwise.
``(3) Review after removal proceedings.--An alien may seek
judicial review of a denial or revocation of approval of the
alien's application under section 245B in the appropriate court
of appeals of the United States in conjunction with the
judicial review of an order of removal, deportation, or
exclusion if the validity of the denial or revocation has not
been upheld in a prior judicial proceeding under paragraph (1).
``(4) Standard for judicial review.--
``(A) Basis.--Judicial review of a denial or
revocation of an approval of an application under
section 245B shall be based upon the administrative
record established at the time of the review.
``(B) Authority to remand.--The reviewing court may
remand a case under this subsection to the Secretary of
Homeland Security (referred to in this subsection as
the `Secretary') for consideration of additional
evidence if the court finds that--
``(i) the additional evidence is material;
and
``(ii) there were reasonable grounds for
failure to adduce the additional evidence
before the Secretary.
``(C) Scope of review.--Notwithstanding any other
provision of law, judicial review of all questions
arising from a denial or revocation of approval of an
application under section 245B shall be governed by the
standard of review set forth in section 706 of title 5,
United States Code.
``(5) Remedial powers.--
``(A) Jurisdiction.--Notwithstanding any other
provision of law, the district courts of the United
States shall have jurisdiction over any cause or claim
arising from a pattern or practice of the Secretary in
the operation or implementation of the Citizenship for
Essential Workers Act, or the amendments made by that
Act, that is arbitrary, capricious, or otherwise
contrary to law.
``(B) Scope of relief.--The district courts of the
United States may order any appropriate relief in a
clause or claim described in subparagraph (A) without
regard to exhaustion, ripeness, or other standing
requirements (other than constitutionally mandated
requirements), if the court determines that--
``(i) the resolution of such cause or claim
will serve judicial and administrative
efficiency; or
``(ii) a remedy would otherwise not be
reasonably available or practicable.
``(6) Challenges to the validity of the system.--
``(A) In general.--Except as provided in paragraph
(5), any claim that section 245B or any regulation,
written policy, written directive, or issued or
unwritten policy or practice initiated by or under the
authority of the Secretary to implement such section,
violates the Constitution of the United States or is
otherwise in violation of law is available in an action
instituted in a district court of the United States in
accordance with the procedures prescribed in this
paragraph.
``(B) Savings provision.--Except as provided in
subparagraph (C), nothing in subparagraph (A) may be
construed to preclude an applicant under 245B from
asserting that an action taken or a decision made by
the Secretary with respect to the applicant's status
was contrary to law.
``(C) Class actions.--Any claim described in
subparagraph (A) that is brought as a class action
shall be brought in conformity with--
``(i) the Class Action Fairness Act of 2005
(Public Law 109-2; 119 Stat. 4); and
``(ii) the Federal Rules of Civil
Procedure.
``(D) Preclusive effect.--The final disposition of
any claim brought under subparagraph (A) shall be
preclusive of any such claim asserted by the same
individual in a subsequent proceeding under this
subsection.
``(E) Exhaustion and stay of proceedings.--
``(i) In general.--No claim brought under
this paragraph shall require the plaintiff to
exhaust administrative remedies under section
245B(p).
``(ii) Stay authorized.--Nothing in this
paragraph may be construed to prevent the court
from staying proceedings under this paragraph
to permit the Secretary to evaluate an
allegation of an unwritten policy or practice
or to take corrective action. In determining
whether to issue such a stay, the court shall
take into account any harm the stay may cause
to the claimant.''.
(c) Rulemaking.--
(1) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall issue interim
final rules, published in the Federal Register, implementing
section 245B of the Immigration and Nationality Act, as added
by this Act.
(2) Effective date.--Notwithstanding section 553 of title
5, United States Code, the rules issued under this subsection
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.
(3) Final rules.--Not later than 180 days after the date of
publication under paragraph (2), the Secretary shall finalize
the interim rules.
(d) Rule of Construction.--Section 244(h) of the Immigration and
Nationality Act (8 U.S.C. 1254a(h)) may not be construed to limit the
authority of the Secretary to adjust the status of an alien under
section 245B of the Immigration and Nationality Act, as added by this
Act.
(e) Eligibility for Services.--Section 504(a)(11) of the Omnibus
Consolidated Rescissions and Appropriations Act of 1996 (Public Law
104-134; 110 Stat. 1321-54) shall not be construed to prevent a
recipient of funds under title X of the Economic Opportunity Act of
1964 (42 U.S.C. 2996 et seq.) from providing legal assistance directly
related to an application for status under section 245B of the
Immigration and Nationality Act, as added by this Act, or to an alien
granted such status.
(f) Technical and Conforming Amendment.--The table of contents for
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended
by inserting after the item relating to section 245A the following:
``Sec. 245B. Adjustment of status for essential workers.''.
SEC. 3. RESTORING FAIRNESS TO ADJUDICATIONS.
(a) Waiver of Grounds of Inadmissibility.--Section 212 of the
Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting
after subsection (b) the following:
``(c) Humanitarian, Family Unity, and Public Interest Waiver.--
``(1) In general.--Notwithstanding any other provision of
law, except section 245B(c)(1)(B), the Secretary of Homeland
Security or the Attorney General may waive the operation of any
1 or more grounds of inadmissibility under this section
(excluding inadmissibility under subsection (a)(3)) for any
purpose, including eligibility for relief from removal--
``(A) for humanitarian purposes;
``(B) to ensure family unity; or
``(C) if a waiver is otherwise in the public
interest.
``(2) Considerations.--In making a determination under
paragraph (1), the Secretary of Homeland Security or the
Attorney General shall consider all mitigating and aggravating
factors, including--
``(A) the severity of the underlying circumstances,
conduct, or violation;
``(B) the duration of the alien's residence in the
United States;
``(C) evidence of rehabilitation, if applicable;
and
``(D) the extent to which the alien's removal, or
the denial of the alien's application, would adversely
affect the alien or the alien's United States citizen
or lawful permanent resident family members.''.
(b) Waiver of Grounds of Deportability.--Section 237(a) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by adding
at the end the following:
``(8) Humanitarian, family unity, and public interest
waiver.--
``(A) In general.--Notwithstanding any other
provision of law, except section 245B(c)(1)(B), the
Secretary of Homeland Security or the Attorney General
may waive the operation of any 1 or more grounds of
deportability under this subsection (excluding
deportability under paragraph (2)(A)(iii) based on a
conviction described in section 101(a)(43)(A) and
deportability under paragraph (4)) for any purpose,
including eligibility for relief from removal--
``(i) for humanitarian purposes;
``(ii) to ensure family unity; or
``(iii) if a waiver is otherwise in the
public interest.
``(B) Considerations.--In making a determination
under subparagraph (A), the Secretary of Homeland
Security or the Attorney General shall consider all
mitigating and aggravating factors, including--
``(i) the severity of the underlying
circumstances, conduct, or violation;
``(ii) the duration of the alien's
residence in the United States;
``(iii) evidence of rehabilitation, if
applicable; and
``(iv) the extent to which the alien's
removal, or the denial of the alien's
application, would adversely affect the alien
or the alien's United States citizen or lawful
permanent resident family members.''.
(c) Repeal of 3-Year, 10-Year, and Permanent Bars.--Section
212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9))
is amended to read as follows:
``(9) Aliens previously removed.--
``(A) Arriving alien.--Any alien who has been
ordered removed under section 235(b)(1) or at the end
of proceedings under section 240 initiated upon the
alien's arrival in the United States and who again
seeks admission within 5 years of the date of such
removal (or within 20 years in the case of a second or
subsequent removal or at any time in the case of an
alien convicted of an aggravated felony) is
inadmissible.
``(B) Other aliens.--Any alien not described in
subparagraph (A) who seeks admission within 10 years of
the date of such alien's departure or removal (or
within 20 years of such date in the case of a second or
subsequent removal or at any time in the case of an
alien convicted of an aggravated felony) is
inadmissible if the alien--
``(i) has been ordered removed under
section 240 or any other provision of law; or
``(ii) departed the United States while an
order of removal was outstanding.
``(C) Exception.--Subparagraphs (A) and (B) shall
not apply to an alien seeking admission within a period
if, prior to the date of the alien's reembarkation at a
place outside the United States or attempt to be
admitted from foreign contiguous territory, the
Secretary of Homeland Security has consented to the
alien's reapplying for admission.''.
SEC. 4. EXPUNGEMENT AND SENTENCING.
(a) Definition of Conviction.--
(1) In general.--Section 101(a)(48) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(48)) is amended to read as
follows:
``(48)(A) The term `conviction' means, with respect to an alien, a
formal judgment of guilt of the alien entered by a court.
``(B) The following may not be considered a conviction for purposes
of this Act:
``(i) An adjudication or judgment of guilt that has been
dismissed, expunged, deferred, annulled, invalidated, withheld,
vacated, or pardoned by the President of the United States or
the Governor of any State.
``(ii) Any adjudication in which the court has issued--
``(I) a judicial recommendation against removal;
``(II) an order of probation without entry of
judgment; or
``(III) any similar disposition.
``(iii) A judgment that is on appeal or is within the time
to file direct appeal.
``(C)(i) Unless otherwise provided, with respect to an offense, any
reference to a term of imprisonment or a sentence is considered to
include only the period of incarceration ordered by a court.
``(ii) Any such reference shall be considered to exclude any
portion of a sentence of which the imposition or execution was
suspended.''.
(2) Retroactive applicability.--The amendment made by this
subsection shall apply with respect to any conviction,
adjudication, or judgment entered before, on, or after the date
of the enactment of this Act.
(b) Judicial Recommendation Against Removal.--The grounds of
inadmissibility and deportability under sections 212(a)(2) and
237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)
and 1227(a)(2)) shall not apply to an alien with a criminal conviction
if, not later than 180 days after the date on which the alien is
sentenced, and after having provided notice and an opportunity to
respond to representatives of the State concerned, the Secretary, and
prosecuting authorities, the sentencing court issues a recommendation
to the Secretary that the alien not be removed on the basis of the
conviction.
SEC. 5. PETTY OFFENSES.
Section 212(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(A)) is amended--
(1) in clause (i), in the matter preceding subclause (I),
by striking ``, or who admits having committed, or who admits
committing acts which constitute the essential elements of'';
and
(2) in clause (ii)--
(A) in the matter preceding subclause (I), by
striking ``to an alien who committed only one crime'';
(B) in subclause (I), by inserting ``the alien
committed only one crime,'' before ``the crime was
committed when''; and
(C) by amending subclause (II) to read as follows:
``(II)(aa) the alien was not
convicted of more than 2 crimes; and
``(bb) for each such crime--
``(AA) the maximum penalty
possible did not exceed
imprisonment for 1 year; and
``(BB) the alien was not
sentenced to a term of
imprisonment in excess of 180
days.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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