S.Amdt. 3962
What it does: 3 changes: inserts text, replaces text in 2 places
Sen. Jon Kyl (R-AZ)What it changes
3 changes to S. 2611
Change 1: Inserts “(other than subparagraph (C)(i)(II))” after “(9)”
…(9)[inserted: (other than subparagraph (C)(i)(II))]…
Original wording
On page 358, line 3, insert “(other than subparagraph (C)(i)(II))” after “(9)”.
Change 2: Rewrites page 359, lines 9–12
ReplacesPrinted pageRemoves page 359, lines 9–12 of the printed bill. See that page
Inserted: (6) Ineligibility.--
Inserted: (A) In general.--An alien is ineligible for adjustment to lawful permanent resident status under this section if--
Inserted: (i) the alien has been ordered removed from the United States--
Inserted: (I) for overstaying the period of authorized admission under section 217;
Inserted: (II) under section 235 or 238; or
Inserted: (III) pursuant to a final order of removal under section 240;
Inserted: (ii) the alien failed to depart the United States during the period of a voluntary departure order issued under section 240B;
Inserted: (iii) the Secretary of Homeland Security determines that--
Inserted: (I) the alien, having been convicted by a final judgment of a serious crime, constitutes a danger to the community of the United States;
Inserted: (II) there are reasonable grounds for believing that the alien has committed a serious crime outside the United States prior to the arrival of the alien in the United States; or
Inserted: (III) there are reasonable grounds for regarding the alien as a danger to the security of the United States; or
Inserted: (iv) the alien has been convicted of a felony or 3 or more misdemeanors.
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Inserted: (B) Exception.--Notwithstanding subparagraph (A), an alien who has not been ordered removed from the United States shall remain eligible for adjustment to lawful permanent resident status under this section if the alien's ineligibility under subparagraph (A) is solely related to the alien's--
Inserted: (i) entry into the United States without inspection;
Inserted: (ii) remaining in the United States beyond the period of authorized admission; or
Inserted: (iii) failure to maintain legal status while in the United States.
Inserted: (C) Waiver.--The Secretary may, in the Secretary's sole and unreviewable discretion, waive the application of subparagraph (A) if the alien--
Inserted: (i) demonstrates that the alien did not receive notice of removal proceedings in accordance with paragraph (1) or (2) of section 239(a); or
Inserted: (ii) establishes that the alien's failure to appear was due to exceptional circumstances beyond the control of the alien, such as serious illness of the alien or serious illness or death of the spouse, child, or parent of the alien.
Original wording
On page 359, strike lines 9 through 12, and insert the following:
Change 3: Rewrites page 376, lines 13–20
ReplacesPrinted pageRemoves page 376, lines 13–20 of the printed bill. See that page
Inserted: (4) Ineligibility.--
Inserted: (A) In general.--The alien is ineligible for Deferred Mandatory Departure status if the alien--
Inserted: (i) has been ordered removed from the United States--
Inserted: (I) for overstaying the period of authorized admission under section 217;
Inserted: (II) under section 235 or 238; or
Inserted: (III) pursuant to a final order of removal under section 240;
Inserted: (ii) the alien failed to depart the United States during the period of a voluntary departure order issued under section 240B;
Inserted: (iii) the Secretary of Homeland Security determines that--
Inserted: (I) the alien, having been convicted by a final judgment of a serious crime, constitutes a danger to the community of the United States;
Inserted: (II) there are reasonable grounds for believing that the alien has committed a serious crime outside the United States prior to the arrival of the alien in the United States; or
Inserted: (III) there are reasonable grounds for regarding the alien as a danger to the security of the United States; or
Inserted: (iv) the alien has been convicted of a felony or 3 or more misdemeanors.
Show 7 more inserted paragraphsShow less
Inserted: (B) Exception.--Notwithstanding subparagraph (A), an alien who has not been ordered removed from the United States shall remain eligible for adjustment to lawful permanent resident status under this section if the alien's ineligibility under subparagraph (A) is solely related to the alien's--
Inserted: (i) entry into the United States without inspection;
Inserted: (ii) remaining in the United States beyond the period of authorized admission; or
Inserted: (iii) failure to maintain legal status while in the United States.
Inserted: (C) Waiver.--The Secretary may, in the Secretary's sole and unreviewable discretion, waive the application of subparagraph (A) if the alien--
Inserted: (i) demonstrates that the alien did not receive notice of removal proceedings in accordance with paragraph (1) or (2) of section 239(a); or
Inserted: (ii) establishes that the alien's failure to appear was due to exceptional circumstances beyond the control of the alien, such as serious illness of the alien or serious illness or death of the spouse, child, or parent of the alien.
Original wording
On page 376, strike lines 13 through 20 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3962. Mr. CORNYN (for Mr. Kyl (for himself and Mr. Cornyn)) submitted an amendment intended to be proposed by Mr. Cornyn to the bill S. 2611, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 358, line 3, insert “(other than subparagraph (C)(i)(II))” after “(9)”.
On page 359, strike lines 9 through 12, and insert the following:
“(6) Ineligibility.--
“(A) In general.--An alien is ineligible for adjustment to lawful permanent resident status under this section if--
“(i) the alien has been ordered removed from the United States--
“(I) for overstaying the period of authorized admission under section 217;
“(II) under section 235 or 238; or
“(III) pursuant to a final order of removal under section 240;
“(ii) the alien failed to depart the United States during the period of a voluntary departure order issued under section 240B;
“(iii) the Secretary of Homeland Security determines that--
“(I) the alien, having been convicted by a final judgment of a serious crime, constitutes a danger to the community of the United States;
“(II) there are reasonable grounds for believing that the alien has committed a serious crime outside the United States prior to the arrival of the alien in the United States; or
“(III) there are reasonable grounds for regarding the alien as a danger to the security of the United States; or
“(iv) the alien has been convicted of a felony or 3 or more misdemeanors.
“(B) Exception.--Notwithstanding subparagraph (A), an alien who has not been ordered removed from the United States shall remain eligible for adjustment to lawful permanent resident status under this section if the alien's ineligibility under subparagraph (A) is solely related to the alien's--
“(i) entry into the United States without inspection;
“(ii) remaining in the United States beyond the period of authorized admission; or
“(iii) failure to maintain legal status while in the United States.
“(C) Waiver.--The Secretary may, in the Secretary's sole and unreviewable discretion, waive the application of subparagraph (A) if the alien--
“(i) demonstrates that the alien did not receive notice of removal proceedings in accordance with paragraph (1) or (2) of section 239(a); or
“(ii) establishes that the alien's failure to appear was due to exceptional circumstances beyond the control of the alien, such as serious illness of the alien or serious illness or death of the spouse, child, or parent of the alien.
On page 376, strike lines 13 through 20 and insert the following:
“(4) Ineligibility.--
“(A) In general.--The alien is ineligible for Deferred Mandatory Departure status if the alien--
“(i) has been ordered removed from the United States--
“(I) for overstaying the period of authorized admission under section 217;
“(II) under section 235 or 238; or
“(III) pursuant to a final order of removal under section 240;
“(ii) the alien failed to depart the United States during the period of a voluntary departure order issued under section 240B;
“(iii) the Secretary of Homeland Security determines that--
“(I) the alien, having been convicted by a final judgment of a serious crime, constitutes a danger to the community of the United States;
“(II) there are reasonable grounds for believing that the alien has committed a serious crime outside the United States prior to the arrival of the alien in the United States; or
“(III) there are reasonable grounds for regarding the alien as a danger to the security of the United States; or
“(iv) the alien has been convicted of a felony or 3 or more misdemeanors.
“(B) Exception.--Notwithstanding subparagraph (A), an alien who has not been ordered removed from the United States shall remain eligible for adjustment to lawful permanent resident status under this section if the alien's ineligibility under subparagraph (A) is solely related to the alien's--
“(i) entry into the United States without inspection;
“(ii) remaining in the United States beyond the period of authorized admission; or
“(iii) failure to maintain legal status while in the United States.
“(C) Waiver.--The Secretary may, in the Secretary's sole and unreviewable discretion, waive the application of subparagraph (A) if the alien--
“(i) demonstrates that the alien did not receive notice of removal proceedings in accordance with paragraph (1) or (2) of section 239(a); or
“(ii) establishes that the alien's failure to appear was due to exceptional circumstances beyond the control of the alien, such as serious illness of the alien or serious illness or death of the spouse, child, or parent of the alien.
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Senate amendment submitted
May 15, 2006