S.Amdt. 4125

1. Rewrites page 345, line 10 through page 395, line 23

   ReplacesPrinted page

   Removes page 345, line 10 through page 395, line 23 of the printed bill. See that page

   Inserted: Subtitle A--Mandatory Departure and Reentry in Legal Status SEC. 601. MANDATORY DEPARTURE AND REENTRY IN LEGAL STATUS.

   Inserted: (a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended by inserting after section 218C, as added by section 405, the following:

   Inserted: "SEC. 218D. MANDATORY DEPARTURE AND REENTRY.

   Inserted: "(a) In General.--The Secretary of Homeland Security may grant Deferred Mandatory Departure status to aliens who are in the United States illegally to allow such aliens time to depart the United States and to seek admission as a nonimmigrant or immigrant alien.

   Inserted: "(b) Requirements.--

   Inserted: "(1) Presence.--An alien shall establish that the alien--

   Inserted: "(A) was physically present in the United States on or before April 5, 2001;

   Inserted: "(B) has been continuously in the United States since that date; and

   Inserted: "(C) was not legally present in the United States under any classification set forth in section 101(a)(15) on that date.

   Inserted: "(2) Employment.--An alien must establish that the alien--

   Inserted: "(A) has been employed in the United States, in the aggregate, for at least 3 years during the 5-year period ending on April 5, 2006; and

   Inserted: "(B) has been employed in the United States since that date.

   Show 136 more inserted paragraphsShow less

   Inserted: "(3) Admissibility.--

   Inserted: "(A) In general.--The alien must establish that the alien--

   Inserted: "(i) is admissible to the United States (except as provided in subparagraph (B)); and

   Inserted: "(ii) has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion.

   Inserted: "(B) Grounds not applicable.--The provisions of paragraphs (5), (6)(A), and (7) of section 212(a) shall not apply.

   Inserted: "(C) Waiver.--The Secretary of Homeland Security may waive any other provision of section 212(a), or a ground of ineligibility under paragraph (4), as applied to individual aliens--

   Inserted: "(i) for humanitarian purposes;

   Inserted: "(ii) to assure family unity; or

   Inserted: "(iii) if such waiver is otherwise in the public interest.

   Inserted: "(4) Grounds for ineligibility.--

   Inserted: "(A) In general.--Except as provided under subparagraphs (B) and (C), an alien is ineligible for Deferred Mandatory Departure status 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 under section 240B;

   Inserted: "(iii) the alien is subject to section 241(a)(5);

   Inserted: "(iv) the alien fails to comply with any request for information by the Secretary of Homeland Security;

   Inserted: "(v) 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: "(vi) the alien has been convicted of a felony or 3 or more misdemeanors.

   Inserted: "(B) Exception.--Notwithstanding clauses (i) and (ii) of subparagraph (A), an alien who has not been ordered removed from the United States shall remain eligible for Deferred Mandatory Departure status if the alien's ineligibility under such clauses 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 of Homeland Security may, in the Secretary's sole and unreviewable discretion, waive the applicability of clauses (i) and (ii) of subparagraph (A) if the alien was ordered removed on the basis that the alien--

   Inserted: "(i)(I) entered the United States without inspection;

   Inserted: "(II) failed to maintain legal status while in the United States; or

   Inserted: "(III) was ordered removed under section 212(a)(6)(C)(i) prior to April 7, 2006; and

   Inserted: "(ii)(I) demonstrates that the alien did not receive notice of removal proceedings in accordance with paragraph (1) or (2) of section 239(a);

   Inserted: "(II) establishes that the alien's failure to appear was due to exceptional circumstances beyond the control of the alien; or

   Inserted: "(III) the alien's departure from the United States 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.

   Inserted: "(5) Medical examination.--The alien may be required, at the alien's expense, to undergo an appropriate medical examination (including a determination of immunization status) that conforms to generally accepted professional standards of medical practice.

   Inserted: "(6) Termination.--The Secretary of Homeland Security may terminate an alien's Deferred Mandatory Departure status--

   Inserted: "(A) if the Secretary determines that the alien was not eligible for such status; or

   Inserted: "(B) if the alien commits an act that makes the alien removable from the United States.

   Inserted: "(7) Application content and waiver.--

   Inserted: "(A) Application form.--The Secretary of Homeland Security shall create an application form that an alien shall be required to complete as a condition of obtaining Deferred Mandatory Departure status.

   Inserted: "(B) Content.--In addition to any other information that the Secretary determines is required to determine an alien's eligibility for Deferred Mandatory Departure, the Secretary shall require an alien to answer questions concerning the alien's physical and mental health, criminal history and gang membership, immigration history, involvement with groups or individuals that have engaged in terrorism, genocide, persecution, or who seek the overthrow of the United States government, voter registration history, claims to United States citizenship, and tax history.

   Inserted: "(C) Waiver.--The Secretary of Homeland Security shall require an alien to include with the application a waiver of rights that explains to the alien that, in exchange for the discretionary benefit of obtaining Deferred Mandatory Departure status, the alien agrees to waive any right to administrative or judicial review or appeal of an immigration officer's determination as to the alien's eligibility, or to contest any removal action, other than on the basis of an application for asylum pursuant to the provisions contained in section 208 or 241(b)(3), or under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984.

   Inserted: "(D) Knowledge.--The Secretary of Homeland Security shall require an alien to include with the application a signed certification in which the alien certifies that the alien has read and understood all of the questions and statements on the application form, and that the alien certifies under penalty of perjury under the laws of the United States that the application, and any evidence submitted with it, are all true and correct, and that the applicant authorizes the release of any information contained in the application and any attached evidence for law enforcement purposes.

   Inserted: "(c) Implementation and Application Time Periods.--

   Inserted: "(1) In general.--The Secretary of Homeland Security shall ensure that the application process is secure and incorporates anti-fraud protection. The Secretary shall interview an alien to determine eligibility for Deferred Mandatory Departure status and shall utilize biometric authentication at time of document issuance.

   Inserted: "(2) Initial receipt of applications.--The Secretary of Homeland Security shall begin accepting applications for Deferred Mandatory Departure status not later than 3 months after the date of the enactment of the Comprehensive Immigration Reform Act of 2006.

   Inserted: "(3) Application.--An alien shall submit an initial application for Deferred Mandatory Departure status not later than 6 months after the date of the enactment of the Comprehensive Immigration Reform Act of 2006. An alien that fails to comply with this requirement is ineligible for Deferred Mandatory Departure status.

   Inserted: "(4) Completion of processing.--The Secretary of Homeland Security shall ensure that all applications for Deferred Mandatory Departure status are processed not later than 12 months after the date of the enactment of the Comprehensive Immigration Reform Act of 2006.

   Inserted: "(d) Security and Law Enforcement Background Checks.--An alien may not be granted Deferred Mandatory Departure status unless the alien submits biometric data in accordance with procedures established by the Secretary of Homeland Security. The Secretary of Homeland Security may not grant Deferred Mandatory Departure status until all appropriate background checks are completed to the satisfaction of the Secretary of Homeland Security.

   Inserted: "(e) Acknowledgment.--An alien who applies for Deferred Mandatory Departure status shall submit to the Secretary of Homeland Security--

   Inserted: "(1) an acknowledgment made in writing and under oath that the alien--

   Inserted: "(A) is unlawfully present in the United States and subject to removal or deportation, as appropriate, under this Act; and

   Inserted: "(B) understands the terms of the terms of Deferred Mandatory Departure;

   Inserted: "(2) any Social Security account number or card in the possession of the alien or relied upon by the alien;

   Inserted: "(3) any false or fraudulent documents in the alien's possession.

   Inserted: "(f) Mandatory Departure.--

   Inserted: "(1) In general.--The Secretary of Homeland Security may, in the Secretary's sole and unreviewable discretion, grant Deferred Mandatory Departure status to an alien for a period not to exceed 5 years.

   Inserted: "(2) Registration at time of departure.--An alien granted Deferred Mandatory Departure shall--

   Inserted: "(A) depart the United States before the expiration of the period of Deferred Mandatory Departure status;

   Inserted: "(B) register with the Secretary of Homeland Security at the time of departure; and

   Inserted: "(C) surrender any evidence of Deferred Mandatory Departure status at time of departure.

   Inserted: "(3) Return in legal status.--An alien who complies with the terms of Deferred Mandatory Departure status and departs before the expiration of such status--

   Inserted: "(A) shall not be subject to section 212(a)(9)(B); and

   Inserted: "(B) may immediately seek admission as a nonimmigrant or immigrant, if otherwise eligible.

   Inserted: "(4) Failure to depart.--An alien who fails to depart the United States before the expiration of Deferred Mandatory Departure status is not eligible and may not apply for or receive any immigration relief or benefit under this Act or any other law for a period of 10 years, except as provided under section 208 or 241(b)(3) or the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, in the case of an alien who indicates an intention to apply for asylum under section 208 or a fear of persecution or torture.

   Inserted: "(5) Penalties for delayed departure.--An alien who fails to immediately depart the United States shall be subject to--

   Inserted: "(A) no fine if the alien departs the United States not later than 1 year after being granted Deferred Mandatory Departure status;

   Inserted: "(B) a fine of $2,000 if the alien remains in the United States for more than 1 year and not more than 2 years after being granted Deferred Mandatory Departure status;

   Inserted: "(C) a fine of $3,000 if the alien remains in the United States for more than 2 years and not more than 3 years after being granted Deferred Mandatory Departure status;

   Inserted: "(D) a fine of $4,000 if the alien remains in the United States for more than 3 years and not more than 4 years after being granted Deferred Mandatory Departure status; and

   Inserted: "(E) a fine of $5,000 if the alien remains in the United States for more than 4 years after being granted Deferred Mandatory Departure status.

   Inserted: "(g) Evidence of Deferred Mandatory Departure Status.--Evidence of Deferred Mandatory Departure status shall be machine-readable, tamper-resistant, and allow for biometric authentication. The Secretary of Homeland Security is authorized to incorporate integrated-circuit technology into the document. The Secretary of Homeland Security shall consult with the Forensic Document Laboratory in designing the document. The document may serve as a travel, entry, and work authorization document during the period of its validity. The document may be accepted by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B).

   Inserted: "(h) Terms of Status.--

   Inserted: "(1) Reporting.--During the period in which an alien is in Deferred Mandatory Departure status, the alien shall comply with all registration requirements under section 264.

   Inserted: "(2) Travel.--

   Inserted: "(A) An alien granted Deferred Mandatory Departure status is not subject to section 212(a)(9) for any unlawful presence that occurred before the Secretary of Homeland Security granting such status to the alien.

   Inserted: "(B) Under regulations established by the Secretary of Homeland Security, an alien granted Deferred Mandatory Departure status--

   Inserted: "(i) may travel outside of the United States and may be readmitted if the period of Deferred Mandatory Departure status has not expired; and

   Inserted: "(ii) shall establish, at the time of application for admission, that the alien is admissible under section 212.

   Inserted: "(C) Effect on period of authorized admission.--Time spent outside the United States under subparagraph (B) shall not extend the period of Deferred Mandatory Departure status.

   Inserted: "(3) Benefits.--During the period in which an alien is granted Deferred Mandatory Departure status under this section, the alien--

   Inserted: "(A) shall not be considered to be permanently residing in the United States under the color of law and shall be treated as a nonimmigrant admitted under section 214; and

   Inserted: "(B) may be deemed ineligible for public assistance by a State or any political subdivision of a State that furnishes such assistance.

   Inserted: "(i) Prohibition on Change of Status or Adjustment of Status.--An alien granted Deferred Mandatory Departure status may not apply to change status under section 248 or, unless otherwise eligible under section 245(i), from applying for adjustment of status to that of a permanent resident under section 245.

   Inserted: "(j) Application Fee.--

   Inserted: "(1) In general.--An alien seeking a grant of Deferred Mandatory Departure status shall submit, in addition to any other fees authorized by law, an application fee of $1,000.

   Inserted: "(2) Use of fee.--The fees collected under paragraph (1) shall be available for use by the Secretary of Homeland Security for activities to identify, locate, or remove illegal aliens.

   Inserted: "(k) Family Members.--

   Inserted: "(1) Family members.--

   Inserted: "(A) In general.--The spouse or child of an alien granted Deferred Mandatory Departure status is subject to the same terms and conditions as the principal alien, but is not authorized to work in the United States.

   Inserted: "(B) Application fee.--

   Inserted: "(i) In general.--The spouse or child of an alien seeking Deferred Mandatory Departure status shall submit, in addition to any other fee authorized by law, an additional fee of $500.

   Inserted: "(ii) Use of fee.--The fees collected under clause (i) shall be available for use by the Secretary of Homeland Security for activities to identify, locate, or remove aliens who are removable under section 237.

   Inserted: "(l) Employment.--

   Inserted: "(1) In general.--An alien may be employed by any United States employer authorized by the Secretary of Homeland Security to hire aliens.

   Inserted: "(2) Continuous employment.--An alien granted Deferred Mandatory Departure status shall be employed while the alien is in the United States. An alien who fails to be employed for 30 days may not be hired until the alien has departed the United States and reentered. The Secretary of Homeland Security may, in the Secretary's sole and unreviewable discretion, reauthorize an alien for employment without requiring the alien's departure from the United States.

   Inserted: "(m) Enumeration of Social Security Number.--The Secretary of Homeland Security, in coordination with the Commissioner of the Social Security System, shall implement a system to allow for the enumeration of a Social Security number and production of a Social Security card at the time the Secretary of Homeland Security grants an alien Deferred Mandatory Departure status.

   Inserted: "(n) Penalties for False Statements in Application for Deferred Mandatory Departure.--

   Inserted: "(1) Criminal penalty.--

   Inserted: "(A) Violation.--It shall be unlawful for any person--

   Inserted: "(i) to file or assist in filing an application for adjustment of status under this section and knowingly and willfully falsify, misrepresent, conceal, or cover up a material fact or make any false, fictitious, or fraudulent statements or representations, or make or use any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or

   Inserted: "(ii) to create or supply a false writing or document for use in making such an application.

   Inserted: "(B) Penalty.--Any person who violates subparagraph (A) shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both.

   Inserted: "(2) Inadmissibility.--An alien who is convicted of a crime under paragraph (1) shall be considered to be inadmissible to the United States on the ground described in section 212(a)(6)(C)(i).

   Inserted: "(o) Relation to Cancellation of Removal.--With respect to an alien granted Deferred Mandatory Departure status under this section, the period of such status shall not be counted as a period of physical presence in the United States for purposes of section 240A(a), unless the Secretary of Homeland Security determines that extreme hardship exists.

   Inserted: "(p) Waiver of Rights.--An alien is not eligible for Deferred Mandatory Departure status, unless the alien has waived any right to contest, other than on the basis of an application for asylum or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, any action for deportation or removal of the alien that is instituted against the alien subsequent to a grant of Deferred Mandatory Departure status.

   Inserted: "(q) Denial of Discretionary Relief.--The determination of whether an alien is eligible for a grant of Deferred Mandatory Departure status is solely within the discretion of the Secretary of Homeland Security. Notwithstanding any other provision of law, no court shall have jurisdiction to review--

   Inserted: "(1) any judgment regarding the granting of relief under this section; or

   Inserted: "(2) any other decision or action of the Secretary of Homeland Security the authority for which is specified under this section to be in the discretion of the Secretary, other than the granting of relief under section 1158(a).

   Inserted: "(r) Judicial Review.--

   Inserted: "(1) Limitations on relief.--Without regard to the nature of the action or claim and without regard to the identity of the party or parties bringing the action, no court may--

   Inserted: "(A) enter declaratory, injunctive, or other equitable relief in any action pertaining to--

   Inserted: "(i) an order or notice denying an alien a grant of Deferred Mandatory Departure status or any other benefit arising from such status; or

   Inserted: "(ii) an order of removal, exclusion, or deportation entered against an alien after a grant of Deferred Mandatory Departure status; or

   Inserted: "(B) certify a class under Rule 23 of the Federal Rules of Civil Procedure in any action for which judicial review is authorized under a subsequent paragraph of this subsection.

   Inserted: "(2) Challenges to validity.--

   Inserted: "(A) In general.--Any right or benefit not otherwise waived or limited pursuant this section is available in an action instituted in the United States District Court for the District of Columbia, but shall be limited to determinations of--

   Inserted: "(i) whether such section, or any regulation issued to implement such section, violates the Constitution of the United States; or

   Inserted: "(ii) whether such a regulation, or a written policy directive, written policy guideline, or written procedure issued by or under the authority the Secretary of Homeland Security to implement such section, is not consistent with applicable provisions of this section or is otherwise in violation of law.".

   Inserted: (b) Conforming Amendments.--

   Inserted: (1) Clerical amendment.--The table of contents is amended by inserting after the item relating to section 218C the following:

   Inserted: "Sec. 218D. Mandatory departure and reentry.".

   Inserted: (2) Deportation.--Section 237(a)(2)(A)(i)(II) (8 U.S.C. 1227(a)(2)(A)(i)(II)) is amended by striking the period at the end and inserting "(or 6 months in the case of an alien granted Deferred Mandatory Departure status under section 218D),".

   Inserted: SEC. 602. STATUTORY CONSTRUCTION.

   Inserted: Nothing in this title, or any amendment made by this title, shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

   Inserted: SEC. 603. EXCEPTIONS FOR HUMANITARIAN REASONS.

   Inserted: Notwithstanding any other provision of law, an alien of good moral character may be exempt from Deferred Mandatory Departure status and may apply for lawful permanent resident status during the 1-year period beginning on the date of the enactment of this Act if the alien--

   Inserted: (1) is the spouse of a citizen of the United States at the time of application for lawful permanent resident status;

   Inserted: (2) is the parent of a child who is a citizen of the United States;

   Inserted: (3) is not younger than 65 years of age;

   Inserted: (4) is not older than 16 years of age and is attending school in the United States;

   Inserted: (5) is younger than 5 years of age;

   Inserted: (6) on removal from the United States, would suffer long-term endangerment to the life of the alien; or

   Inserted: (7) owns a business or real property in the United States.

   Inserted: SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

   Inserted: There are authorized to be appropriated $1,000,000,000 for facilities, personnel (including consular officers), training, technology, and processing necessary to carry out this title and the amendments made by this title.

   Original wording

   On page 345, strike line 10 and all that follows through page 395, line 23, and insert the following:

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As printed