S.Amdt. 1352
What it does: Rewrites page 945, line 21 through page 948, line 23What it changes
1 change to S. 744
Rewrites page 945, line 21 through page 948, line 23
ReplacesPrinted pageRemoves page 945, line 21 through page 948, line 23 of the printed bill. See that page
Inserted: (III) an offense (unless the applicant demonstrates, by clear and convincing evidence, that he or she is innocent of the offense, that he or she is the victim of such offense, or that no offense occurred), which is classified as a misdemeanor in the convicting jurisdiction, and which involved--
Inserted: (aa) domestic violence or child abuse and neglect (as such terms are defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)));
Inserted: (bb) assault resulting in bodily injury or the violation of a protection order (as such terms are defined in section 2266 of title 18, United States Code); or
Inserted: (cc) driving while intoxicated (as defined in section 164 of title 23, United States Code);
Inserted: (IV) 2 or more misdemeanor offenses (other than minor traffic offenses or State or local offenses for which an essential element was the alien's immigration status or violations of this Act);
Inserted: (V) any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) (excluding the paragraphs set forth in clause (ii)) or removable under section 237(a), except as provided in paragraph (3) of section 237(a); or
Inserted: (VI) unlawful voting (as defined in section 237(a)(6));
Inserted: (ii) is inadmissible under section 212(a), except that in determining an alien's inadmissibility--
Inserted: (I) paragraphs (4), (5), (7), and (9)(B) of section 212(a) shall not apply;
Inserted: (II) subparagraphs (A), (C), (D), (F), and (G) of section 212(a)(6) and paragraphs (9)(C) and (10)(B) of section 212(a) shall not apply unless based on the act of unlawfully entering the United States after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act; and
Inserted: (III) paragraphs (6)(B) and (9)(A) of section 212(a) shall not apply unless the relevant conduct began on or after the date on which the alien files an application for registered provisional immigrant status under this section;
Inserted: (iii) is an alien who the Secretary knows or has reasonable grounds to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in section 212(a)(3)(B)(iv)); or
Show 6 more inserted paragraphsShow less
Inserted: (iv) was, on April 16, 2013--
Inserted: (I) an alien lawfully admitted for permanent residence;
Inserted: (II) an alien admitted as a refugee under section 207 or granted asylum under section 208; or
Inserted: (III) an alien who, according to the records of the Secretary or the Secretary of State, is lawfully present in the United States in any nonimmigrant status (other than an alien considered to be a nonimmigrant solely due to the application of section 244(f)(4) or the amendment made by section 702 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229)), notwithstanding any unauthorized employment or other violation of nonimmigrant status.
Inserted: (B) Waiver.--
Inserted: (i) In general.--The Secretary may waive the application of any provision of section 212(a) that is not listed in clause (ii) on behalf of an alien for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest. Any discretionary authority to waive grounds of inadmissibility under section 212(a) conferred under any other provision of this Act shall apply equally to aliens seeking registered provisional status under this section.
Original wording
Beginning on page 945, strike line 21 and all that follows through page 948, line 23, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1352. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 945, strike line 21 and all that follows through page 948, line 23, and insert the following:
“(III) an offense (unless the applicant demonstrates, by clear and convincing evidence, that he or she is innocent of the offense, that he or she is the victim of such offense, or that no offense occurred), which is classified as a misdemeanor in the convicting jurisdiction, and which involved--
“(aa) domestic violence or child abuse and neglect (as such terms are defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)));
“(bb) assault resulting in bodily injury or the violation of a protection order (as such terms are defined in section 2266 of title 18, United States Code); or
“(cc) driving while intoxicated (as defined in section 164 of title 23, United States Code);
“(IV) 2 or more misdemeanor offenses (other than minor traffic offenses or State or local offenses for which an essential element was the alien's immigration status or violations of this Act);
“(V) any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) (excluding the paragraphs set forth in clause (ii)) or removable under section 237(a), except as provided in paragraph (3) of section 237(a); or
“(VI) unlawful voting (as defined in section 237(a)(6));
“(ii) is inadmissible under section 212(a), except that in determining an alien's inadmissibility--
“(I) paragraphs (4), (5), (7), and (9)(B) of section 212(a) shall not apply;
“(II) subparagraphs (A), (C), (D), (F), and (G) of section 212(a)(6) and paragraphs (9)(C) and (10)(B) of section 212(a) shall not apply unless based on the act of unlawfully entering the United States after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act; and
“(III) paragraphs (6)(B) and (9)(A) of section 212(a) shall not apply unless the relevant conduct began on or after the date on which the alien files an application for registered provisional immigrant status under this section;
“(iii) is an alien who the Secretary knows or has reasonable grounds to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in section 212(a)(3)(B)(iv)); or
“(iv) was, on April 16, 2013--
“(I) an alien lawfully admitted for permanent residence;
“(II) an alien admitted as a refugee under section 207 or granted asylum under section 208; or
“(III) an alien who, according to the records of the Secretary or the Secretary of State, is lawfully present in the United States in any nonimmigrant status (other than an alien considered to be a nonimmigrant solely due to the application of section 244(f)(4) or the amendment made by section 702 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229)), notwithstanding any unauthorized employment or other violation of nonimmigrant status.
“(B) Waiver.--
“(i) In general.--The Secretary may waive the application of any provision of section 212(a) that is not listed in clause (ii) on behalf of an alien for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest. Any discretionary authority to waive grounds of inadmissibility under section 212(a) conferred under any other provision of this Act shall apply equally to aliens seeking registered provisional status under this section.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
June 19, 2013