S.Amdt. 1622

SA 1622. Mr. CORNYN 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:

Beginning on page 131, strike line 8 and all that follows
through page 140, line 19 and insert the following:

``(III) an offense, unless the applicant demonstrates, by
clear and convincing evidence, that the applicant is innocent
of the offense, that applicant is the victim of such offense,
or that no offense occurred, which is classified as a
misdemeanor in the convicting jurisdiction which involved--

``(aa) domestic violence (as defined in section 40002(a) of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
``(bb) child abuse and neglect (as defined in section
40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a));
``(cc) assault resulting in bodily injury (as defined in
section 2266 of title 18, United States Code);
``(dd) the violation of a protection order (as defined in
section 2266 of title 18, United States Code); or
``(ee) driving while intoxicated (as defined in section 164
of title 23, United States Code);

``(IV) 3 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 a
violation 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.
``(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.
``(4) Applicability of other provisions.--Sections
208(d)(6) and 240B(d) shall not apply to any alien filing an
application for registered provisional immigrant status under
this section.
``(5) Dependent spouse and children.--
``(A) In general.--Notwithstanding any other provision of
law, the Secretary may classify the spouse or child of a
registered provisional immigrant as a registered provisional
immigrant dependent if the spouse or child--
``(i) was physically present in the United States on or
before December 31, 2012, and has maintained continuous
presence in the United States from that date until the date
on which the registered provisional immigrant is granted such
status, with the exception of absences from the United States
that are brief, casual, and innocent, whether or not such
absences were authorized by the Secretary; and
``(ii) meets all of the eligibility requirements set forth
in this subsection, other than the requirements of clause
(ii) or (iii) of paragraph (2)(A).
``(B) Effect of termination of legal relationship or
domestic violence.--If the spousal or parental relationship
between an alien who is granted registered provisional
immigrant status under this section and the alien's spouse or
child is terminated due to death or divorce or the spouse or
child has been battered or subjected to extreme cruelty by
the alien (regardless of whether the legal relationship
terminates), the spouse or child may apply for classification
as a registered provisional immigrant.
``(C) Effect of disqualification of parent.--
Notwithstanding subsection (c)(3), if the application of a
spouse or parent for registered provisional immigrant status
is terminated or revoked, the husband, wife, or child of that
spouse or parent shall be eligible to apply for registered
provisional immigrant status independent of the parent or
spouse.
``(c) Application Procedures.--
``(1) In general.--An alien, or the dependent spouse or
child of such alien, who meets

[[Page S5080]]

the eligibility requirements set forth in subsection (b) may
apply for status as a registered provisional immigrant or a
registered provisional immigrant dependent, as applicable, by
submitting a completed application form to the Secretary
during the application period set forth in paragraph (3), in
accordance with the final rule promulgated by the Secretary
under the Border Security, Economic Opportunity, and
Immigration Modernization Act. An applicant for registered
provisional immigrant status shall be treated as an applicant
for admission.
``(2) Payment of taxes.--
``(A) In general.--An alien may not file an application for
registered provisional immigrant status under paragraph (1)
unless the applicant has satisfied any applicable Federal tax
liability.
``(B) Definition of applicable federal tax liability.--In
this paragraph, the term `applicable Federal tax liability'
means all Federal income taxes assessed in accordance with
section 6203 of the Internal Revenue Code of 1986.
``(C) Demonstration of compliance.--An applicant may
demonstrate compliance with this paragraph by submitting
appropriate documentation, in accordance with regulations
promulgated by the Secretary, in consultation with the
Secretary of the Treasury.
``(3) Application period.--
``(A) Initial period.--Except as provided in subparagraph
(B), the Secretary may only accept applications for
registered provisional immigrant status from aliens in the
United States during the 1-year period beginning on the date
on which the final rule is published in the Federal Register
pursuant to paragraph (1).
``(B) Extension.--If the Secretary determines, during the
initial period described in subparagraph (A), that additional
time is required to process applications for registered
provisional immigrant status or for other good cause, the
Secretary may extend the period for accepting applications
for such status for an additional 18 months.
``(4) Application form.--
``(A) Required information.--
``(i) In general.--The application form referred to in
paragraph (1) shall collect such information as the Secretary
determines to be necessary and appropriate, including, for
the purpose of understanding immigration trends--

``(I) an explanation of how, when, and where the alien
entered the United States;
``(II) the country in which the alien resided before
entering the United States; and
``(III) other demographic information specified by the
Secretary.

``(ii) Privacy protections.--Information described in
subclauses (I) through (III) of clause (i), which shall be
provided anonymously by the applicant on the application form
referred to in paragraph (1), shall be subject to the same
confidentiality provisions as those set forth in section 9 of
title 13, United States Code.
``(iii) Report.--The Secretary shall submit a report to
Congress that contains a summary of the statistical data
about immigration trends collected pursuant to clause (i).
``(B) Family application.--The Secretary shall establish a
process through which an alien may submit a single
application under this section on behalf of the alien, his or
her spouse, and his or her children who are residing in the
United States.
``(C) Interview.--In order to determine whether an
applicant meets the eligibility requirements set forth in
subsection (b), the Secretary--
``(i) shall interview each applicant who--

``(I) has been convicted of any criminal offense;
``(II) has previously been deported; or
``(III) without just cause, has failed to respond to a
notice to appear as required under section 239; and

``(ii) may, in the sole discretion of the Secretary,
interview any other applicant for registered provisional
immigrant status under this section.
______