S.Amdt. 1917

1. 1

   Change 1: Rewrites page 121, line 8 through page 122, line 13

   ReplacesPrinted page

   Removes page 121, line 8 through page 122, line 13 of the printed bill. See that page

   Inserted: (b) Inadmissibility.--

   Inserted: (1) In general.--Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended--

   Inserted: (A) by redesignating subparagraph (F) as subparagraph (J); and

   Inserted: (B) by inserting after subparagraph (E) the following:

   Inserted: "(F) Aliens associated with criminal gangs.--

   Inserted: "(i) In general.--Any alien who a consular officer, the Attorney General, or the Secretary of Homeland Security determines has at any time has participated in a criminal gang, or knows or has reason to believe, has participated in a criminal gang knowing or having reason to know that such participation will promote, further, aid, or support the illegal activity of the criminal gang is inadmissible.

   Inserted: "(ii) Waiver.--The Secretary may, in the discretion of the Secretary, waive the applicability of clause (i) if the alien--

   Inserted: "(I) is not currently subject to execution of an outstanding final order of removal, exclusion, or deportation under section 237(a)(1)(A) (for inadmissibility under this paragraph or paragraph (3)), or reinstatement of a removal order under section 241(a)(5) (if the basis for the prior order was for criminal offenses or terrorists acts covered under this paragraph, paragraph (3), or paragraph (2) or (4) of section 237(a));

   Inserted: "(II) establishes urgent humanitarian reasons or significant public benefit for allowing the alien to remain in the United States; and

   Inserted: "(III) can establish that his or her removal from the United States would result in extreme hardship to the alien's spouse or minor child.

   Inserted: "(iii) Judicial review.--Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, any other habeas corpus provision, and sections 1361 and 1651 of such title, a decision under this subparagraph may not be reviewed by any court, and no court shall have jurisdiction to hear any claim arising from, or any challenge to such decision.".

   Inserted: (2) Effective date.--The amendments made by this subsection shall take effect in the date of enactment of this Act and apply to acts or conduct that occurred before, on or after the date of enactment.

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   Inserted: (c) Deportability.--

   Inserted: (1) In general.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:

   Inserted: "(F) Aliens associated with criminal gangs.--

   Inserted: "(i) In general.--Any alien, in or admitted to the United States, who at any time has participated in a criminal gang, knowing or having reason to know that such participation would promote, further, aid, or support the illegal activity of the criminal gang, is deportable.

   Inserted: "(ii) Waiver.--The Secretary may, in the discretion of the Secretary, waive ineligibility under subsection (i) if the alien--

   Inserted: "(I) is not currently subject to execution of an outstanding final order of removal, exclusion, or deportation under paragraph (1)(A) (for inadmissibility under paragraph (2) or (3) of section 212(a)), or reinstatement of a removal order under section 241(a)(5) (if the basis for the prior order was for criminal offenses or terrorists acts covered under this paragraph, paragraph (4), or paragraph (2) or (3) of section 212(a));

   Inserted: "(II) establishes that urgent humanitarian reasons or significant public benefit exists, as determined by the Secretary, which warrant allowing the alien to remain in the United States; and

   Inserted: "(III) establishes that his or her removal from the United States would result in extreme hardship to the alien's spouse or minor child.

   Inserted: "(iii) Judicial review.--Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, any other habeas corpus provision, and sections 1361 and 1651 of such title, a decision under this subparagraph may not be reviewed by any court, and no court shall have jurisdiction to hear any claim arising from, or any challenge to such decision.".

   Inserted: (2) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to acts or conduct that occurred before, on, or after such date of enactment.

   Original wording

   On page 121, strike line 8 and all that follows through page 122, line 13, and insert the following:

2. 2

   Change 2: Rewrites page 563, line 22 through “(2)” on page 564, line 4

   ReplacesPrinted page

   Removes page 563, line 22 through “(2)” on page 564, line 4 of the printed bill. See that page

   Inserted: (2) Waiver.--

   Inserted: (A) In general.--The Secretary may waive the applicability of paragraph (1)(B) if the alien--

   Inserted: (i) has not been physically removed from the United States pursuant to the outstanding final order of removal, deportation or exclusion;

   Inserted: (ii) has never departed the United States since any order of exclusion, deportation, or removal became final and subject to execution or been previously removed pursuant to a final order of removal;

   Inserted: (iii) has been continuously physically present in the United States since January 1, 2007;

   Inserted: (iv) establishes that urgent humanitarian reasons or significant public benefit exists, as determined by the Secretary, which warrant allowing the alien to remain in the United States; and

   Inserted: (v) can establish that his or her departure from the United States would result in extreme hardship to the alien's spouse or minor child.

   Inserted: (B) Judicial review.--Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, any other habeas corpus provision, and sections 1361 and 1651 of such title, a decision under this subsection may not be reviewed by any court, and no court shall have jurisdiction to hear any claim arising from, or any challenge to such decision.

   Inserted: (C) Effective date.--This paragraph shall take effect on the date of the enactment of this Act and shall apply to any application for Z nonimmigrant status submitted on or after such date.

   Inserted: (3)

   Original wording

   On page 563, strike line 22 and all that follows through “(2)” on page 564, line 4, and insert the following:

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As printed