S.Amdt. 1612

SA 1612. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 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:

In section 245B(b) of the Immigration and Nationality Act,
as added by section 2101(a) of this amendment, strike
paragraph (3) and insert the following:
``(3) Grounds for ineligibility.--
``(A) In general.--Except as provided in subparagraph (B),
an alien is ineligible for registered provisional immigrant
status if the Secretary determines that the alien--
``(i) has a conviction for--

``(I) an offense classified as a felony in the convicting
jurisdiction (other than a State or local offense for which
an essential element was the alien's immigration status, or a
violation of this Act);
``(II) an aggravated felony (as defined in section
101(a)(43) at the time of the conviction);
``(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;

[[Page S5076]]

``(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.
``(ii) Exceptions.--The discretionary authority under
clause (i) may not be used to waive--

``(I) subparagraph (B), (C), (D)(ii), (E), (G), (H), or (I)
of section 212(a)(2);
``(II) section 212(a)(3);
``(III) subparagraph (A), (C), (D), or (E) of section
212(a)(10); or
``(IV) with respect to misrepresentations relating to the
application for registered provisional immigrant status,
section 212(a)(6)(C)(i).

``(C) Conviction explained.--For purposes of this
paragraph, the term `conviction' does not include a judgment
that has been expunged, set aside, or the equivalent.
``(D) Rule of construction.--Nothing in this paragraph may
be construed to require the Secretary to commence removal
proceedings against an alien.
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