To make certain aliens ineligible for adjustment to lawful permanent resident status or Deferred Mandatory Departure status.

SA 4027. Mr. KYL (for himself, Mr. Cornyn, Mr. Graham, Mr. Allen, Mr.
McCain, Mr. Frist, Mr. Brownback, Mr. Martinez, Mr. Hagel, and Mr.
Alexander) proposed an amendment to the bill S. 2611, to provide for
comprehensive immigration reform and for other purposes; as follows:

On page 358, line 3, insert ``(other than subparagraph
(C)(i)(II))'' after ``(9)''.
On page 359, after line 12 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 alien is subject to section 241(a)(5);
``(iv) 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
``(v) 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 was ordered removed on the
basis that the alien, (1) entered without inspection, (ii)
failed to maintain status, or (iii) was ordered removed under
212(a)(6)(C)(i) prior to April 7, 2006, and--
``(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; or
``(iii) the alien's departure from the U.S. now would
result in extreme hardship to the alien's spouse, parent, or
child who is a citizen of the United States or an alien
lawfully admitted for permanent residence.
``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 alien is subject to section 241(a)(5)
``(iv) 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
``(v) 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 was ordered removed on the
basis that the alien
``(i) entered without inspection,
``(ii) failed to maintain status, or
``(iii) was ordered removed under 212(a)(6)(C)(1) prior to
April 7, 2006, and--
``(I) demonstrates that the alien did not receive notice of
removal proceedings in accordance with paragraph (1) or (2)
or section 239(a);
``(II) establishes that the alien's failure to appear was
due to exceptional circumstances beyond the control of the
alien, or
``(III) the alien's departure from the U.S. now would
result in extreme hardship to the alien's spouse, parent, or
child who is a citizen of the United States or an alien
lawfully admitted for permanent residence.''
______