S.Amdt. 1890

1. Rewrites section 603

   Replaces

   In S. 1639 · Placed on Calendar Senate

   SEC. 603. ADMINISTRATIVE REVIEW, REMOVAL PROCEEDINGS, AND JUDICIAL REVIEW FOR ALIENS WHO HAVE APPLIED FOR LEGAL STATUS.

   Struck: (a) Administrative Review for Aliens Who Have Applied for Status Under This Title.--

   Struck: (1) Exclusive review.--Administrative review of a determination respecting nonimmigrant status under this title shall be conducted solely in accordance with this subsection.

   Struck: (2) Administrative appellate review.--Except as provided in subparagraph (b)(2), an alien whose status under this title has been denied, terminated, or revoked may file not more than one appeal of the denial, termination, or rescission with the Secretary not later than 30 calendar days after the date of the decision or mailing thereof, whichever occurs later in time. The Secretary shall establish an appellate authority to provide for a single level of administrative appellate review of a denial, termination, or rescission of status under [this Act].

   Struck: (3) Standard for review.--Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional newly discovered or previously unavailable evidence as the administrative appellate review authority may decide to consider at the time of the determination.

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   Struck: (4) Limitation on motions to reopen and reconsider.--During the administrative appellate review process the alien may file not more than one motion to reopen or to reconsider. The Secretary's decision whether to consider any such motion is committed to the Secretary's discretion.

   Inserted: (a) Administrative Review for Aliens Who Have Applied for Status Under This Title.--Notwithstanding any other provision of this Act, any amendment made by this Act, or any other provision of law, including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, a denial, termination, or recession of benefits or status under this title may not be reviewed by any court, and no court shall have jurisdiction to hear any claim arising from, or any challenge to, such a denial, termination, or recession.

   (b) Removal of Aliens Who Have Been Denied Status Under This Title.--

   Struck: (1) Self-initiated removal.--Any alien who receives a denial under subsection (a) may request, not later than 30 calendar days after the date of the denial or the mailing thereof, whichever occurs later in time, that the Secretary place the alien in removal proceedings. The Secretary shall place the alien in removal proceedings to which the alien would otherwise be subject, unless the alien is subject to an administratively final order of removal, provided that no court shall have jurisdiction to review the timing of the Secretary's initiation of such proceedings. If the alien is subject to an administratively final order of removal, the alien may seek review of the denial under this section pursuant to subsection 242(h) as though the order of removal had been entered on the date of the denial, provided that the court shall not review the order of removal except as otherwise provided by law.

   Inserted: (1) In general.--Notwithstanding any other provision of this Act, an alien whose application for status under this title has been denied or whose status has been terminated or revoked by the Secretary shall be placed immediately in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).

   (2) Aliens who are determined to be ineligible due to criminal convictions.--

   (A) Aggravated felons.--Notwithstanding any other provision of this Act, an alien whose application for status under this title has been denied or whose status has been terminated or revoked by the Secretary under [struck: clause ][inserted: section 601]([inserted: d)(]1)(F)(ii) [struck: of subsection 601(d) of [this Act] ]because the alien has been convicted of an aggravated felony, as defined in paragraph 101(a)(43) of the [struck: INA, may][inserted: Immigration and Nationality Act, shall] be placed [struck: forthwith][inserted: immediately] in [inserted: removal ]proceedings pursuant to section 238(b) of [struck: the INA][inserted: such Act (8 U.S.C].[inserted: 1228(b)).]

   (B) Other criminals.--Notwithstanding any other provision of this Act, any other alien whose application for status under this title has been denied or whose status has been terminated or revoked by the Secretary under [struck: clauses][inserted: clause] ([struck: 1)(F) (]i), (iii), or (iv) of [struck: subsection [CITE: ][inserted: section ]601(d)[struck: ] of [this Act] may ][inserted: (1)(F) shall ]be placed [struck: forthwith][inserted: immediately] in removal proceedings under section 240 of the [struck: INA][inserted: Immigration and Nationality Act (8 U.S.C].[inserted: 1229a).]

   (C) Final denial, termination[inserted: ,] or rescission.--The Secretary's denial, termination, or rescission of the status of any alien described in [struck: clauses][inserted: subparagraph] ([struck: i][inserted: A]) [struck: and][inserted: or] ([struck: ii][inserted: B]) [struck: of this subparagraph ]shall be final for purposes of [struck: subparagraph][inserted: section] 242(h)(3)(C) of the [struck: INA][inserted: Immigration] and [inserted: Nationality Act and ]shall represent the exhaustion of all review procedures for purposes of [struck: subsections][inserted: sections] 601(h) [struck: (relating to treatment of applicants) ]and 601(o)[struck: (relating to termination of proceedings) of this Act, notwithstanding paragraph (a)(2) of this section].

   (3) Limitation on motions to reopen and reconsider.--During the removal process under this subsection[struck: the][inserted: , an] alien may file not more than [struck: one][inserted: 1] motion to reopen or to reconsider. The Secretary's or [inserted: the ]Attorney General's decision whether to consider any such motion is [struck: committed to ][inserted: in the discretion of ]the [struck: Attorney General's discretion][inserted: Secretary or the Attorney General].

   Struck: (c) Judicial Review.--Section 242 of the Immigration and Nationality Act is amended by adding at the end the following subsection (h):

   Struck: "(h) Judicial Review of Eligibility Determinations Relating to Status Under Title VI of [this Act].--

   Struck: "(1) Exclusive review.--Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, and except as provided in this subsection, no court shall have jurisdiction to review a determination respecting an application for status under title VI of [this Act], including, without limitation, a denial, termination, or rescission of such status.

   Struck: "(2) No review for late filings.--An alien may not file an application for status under title VI of [this Act] beyond the period for receipt of such applications established by subsection 601(f) thereof. The denial of any application filed beyond the expiration of the period established by that subsection shall not be subject to judicial review or remedy.

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   Struck: "(3) Review of a denial, termination, or rescission of status under title vi of [this Act].--A denial, termination, or rescission of status under subsection 601 of [this Act] may be reviewed only in conjunction with the judicial review of an order of removal under this section, provided that:

   Struck: "(A) the venue provision set forth in (b)(2) shall govern;

   Struck: "(B) the deadline for filing the petition for review in (b)(1) shall control;

   Struck: "(C) the alien has exhausted all administrative remedies available to the alien as of right, including but not limited to the timely filing of an administrative appeal pursuant to subsection 603(a) of [this Act];

   Struck: "(D) the court shall decide a challenge to the denial of status only on the administrative record on which the Secretary's denial, termination, or rescission was based;

   Struck: "(E) Limitation on review.--Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court reviewing a denial, termination, or rescission of status under Title VI of [this Act] may review any discretionary decision or action of the Secretary regarding any application for or termination or rescission of such status; and

   Struck: "(F) Limitation on motions to reopen and reconsider.--The alien may file not more than one motion to reopen or to reconsider in proceedings brought under this section.

   Struck: "(4) Standard for judicial review.--Judicial review of the Secretary's denial, termination, or rescission of status under title VI of [this Act] relating to any alien shall be based solely upon the administrative record before the Secretary when he enters a final denial, termination, or rescission. The administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary. The legal determinations are conclusive unless manifestly contrary to law.

   Struck: "(5) Challenges on validity of the system.--

   Struck: "(A) In general.--Any claim that title VI of [this Act], or any regulation, written policy, or written directive issued or unwritten policy or practice initiated by or under the authority of the Secretary of Homeland Security to implement that title, violates the Constitution of the United States or is otherwise in violation of law is available exclusively in an action instituted in the United States District Court for the District of Columbia in accordance with the procedures prescribed in this paragraph. Nothing in this subparagraph shall preclude an applicant for status under title VI of [this Act] from asserting that an action taken or decision made by the Secretary with respect to his status under that title was contrary to law in a proceeding under section 603 of [this Act] and paragraph (b)(2) of this section.

   Struck: "(B) Deadlines for bringing actions.--Any action instituted under this paragraph,

   Struck: (i) must, if it asserts a claim that title VI of [this Act] or any regulation, written policy, or written directive issued by or under the authority of the Secretary to implement that title violates the Constitution or is otherwise unlawful, be filed no later than one year after the date of the publication or promulgation of the challenged regulation, policy or directive or, in cases challenging the validity of the Act, within one year of enactment; and

   Struck: (ii) must, if it asserts a claim that an unwritten policy or practice initiated by or under the authority of the Secretary violates the Constitution or is otherwise unlawful, be filed no later than one year after the plaintiff knew or reasonably should have known of the unwritten policy or practice.

   Struck: "(C) Class actions.--Any claim described in subparagraph (A) that is brought as a class action shall be brought in conformity with Public Law 109-2 and the Federal Rules of Civil Procedure." "(D) Preclusive effect.--The final disposition of any claim brought under subparagraph (5)(A) shall be preclusive of any such claim asserted in a subsequent proceeding under this subsection or under subsection 603 [of this Act].

   Struck: "(E) Exhaustion and stay of proceedings.--No claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under subsection 603 of [this Act], but nothing shall 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 issuing such a stay, the court shall take into account any harm the stay may cause to the claimant. The court shall have no authority to stay proceedings initiated under any other section of the INA."

   Original wording

   Strike section 603, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed