S.Amdt. 544

SA 544. Mr. REED (for himself and Mr. Chafee) submitted an amendment
intended to be proposed to amendment SA 432 proposed by Mr. Chambliss
(for himself and Mr. Kyl) to the bill H.R. 1268, Making emergency
supplemental appropriations for the fiscal year ending September 30,
2005, to establish and rapidly implement regulations for State driver's
license and identification document security standards, to prevent
terrorists from abusing the asylum laws of the United States, to unify
terrorism-related grounds for inadmissibility and removal, to ensure
expeditious construction of the San Diego border fence, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. ADJUSTMENT OF STATUS.

(a) Adjustment of Status.--
(1) In general.--
(A) Eligibility.--The Secretary of Homeland Security
(referred to in this section as the ``Secretary'') shall
adjust the status of an alien described in subsection (b) to
that of an alien lawfully admitted for permanent residence,
if the alien--
(i) applies for adjustment before April 1, 2007; and
(ii) is otherwise eligible to receive an immigrant visa and
admissible to the United States for permanent residence,
except that, in determining such admissibility, the grounds
for inadmissibility specified in paragraphs (4), (5), (6)(A),
and (7)(A) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)) shall not apply.
(B) Ineligible aliens.--An alien shall not be eligible for
adjustment of status under this section if the Secretary
finds that the alien has been convicted of--
(i) any aggravated felony (as defined in section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)); or
(ii) 2 or more crimes involving moral turpitude.
(2) Relationship of application to certain orders.--
(A) In general.--An alien present in the United States who
has been ordered excluded, deported, removed, or to depart
voluntarily from the United States under any provision of the
Immigration and Nationality Act may, notwithstanding such
order, apply for adjustment of status under paragraph (1) if
otherwise qualified under that paragraph.
(B) Separate motion not required.--An alien described in
subparagraph (A) may not be required, as a condition of
submitting or granting such application, to file a separate
motion to reopen, reconsider, or vacate the order described
in subparagraph (A).
(C) Effect of decision by secretary.--If the Secretary
grants the application, the Secretary shall cancel the order.
If the Secretary makes a final decision to deny the
application, the order shall be effective and enforceable to
the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided under subsection (a)
shall apply to any alien--
(A) who is--
(i) a national of Liberia; and
(ii) has been continuously present in the United States
from January 1, 2005, through the date of application under
subsection (a); or
(B) who is the spouse, child, or unmarried son or daughter
of an alien described in subparagraph (A).
(2) Determination of continuous physical presence.--For
purposes of establishing the period of continuous physical
presence referred to in paragraph (1), an alien shall not be
considered to have failed to maintain continuous physical
presence by reasons of an absence, or absences, from the
United States for any period or periods amounting in the
aggregate to not more than 180 days.
(c) Stay of Removal.--
(1) In general.--The Secretary shall provide by regulation
for an alien who is subject to a final order of deportation
or removal or exclusion to seek a stay of such order based on
the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision in the Immigration and Nationality Act, the
Secretary shall not order an alien to be removed from the
United States if the alien is in exclusion, deportation, or
removal proceedings under any provision of such Act and has
applied for adjustment of status under subsection (a), except
where the Secretary has made a final determination to deny
the application.
(3) Work authorization.--
(A) In general.--The Secretary may authorize an alien who
has applied for adjustment of status under subsection (a) to
engage in employment in the United States during the pendency
of such application and may provide the alien with an
``employment authorized'' endorsement or other appropriate
document signifying authorization of employment.
(B) Pending applications.--If an application under
subsection (a) is pending for a period exceeding 180 days and
has not been denied, the Secretary shall authorize such
employment.
(d) Record of Permanent Residence.--Upon approval of an
alien's application for adjustment of status under subsection
(a), the Secretary shall establish a record of the alien's
admission for permanent record as of the date of the alien's
arrival in the United States.
(e) Availability of Administrative Review.--The Secretary
shall provide to applicants for adjustment of status under
subsection (a) the same right to, and procedures for,
administrative review as are provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the
Secretary as to whether the status of any alien should be
adjusted under this section is final and shall not be subject
to review by any court.
(g) No Offset in Number of Visas Available.--If an alien is
granted the status of having been lawfully admitted for
permanent residence pursuant to this section, the Secretary
of State shall not be required to reduce the number of
immigrant visas authorized to be issued under any provision
of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act
Provisions.--
(1) Definitions.--Except as otherwise specifically provided
in this section, the definitions contained in the Immigration
and Nationality Act shall apply in this section.
(2) Savings provision.--Nothing in this section shall be
construed to repeal, amend, alter, modify, effect, or
restrict the powers, duties, function, or authority of the
Secretary in the administration and enforcement of the
Immigration and Nationality Act or any other law relating to
immigration, nationality, or naturalization.

[[Page S3946]]

(3) Effect of eligibility for adjustment of status.--
Eligibility to be granted the status of having been lawfully
admitted for permanent residence under this section shall not
preclude an alien from seeking any status under any other
provision of law for which the alien may otherwise be
eligible.
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