S.Amdt. 4515

SA 4515. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle I of title X, add the following:

SEC. 1097. TERMINATION OF LAWFUL PERMANENT RESIDENT STATUS OF
CERTAIN ALIENS WHO RETURN TO AFGHANISTAN
WITHOUT ADVANCE PERMISSION.

Section 602(b) of the Afghan Allies Protection Act of 2009
(8 U.S.C. 1101 note) is amended--
(1) by redesignating paragraphs (10) through (16) as
paragraphs (11) through (17), respectively;
(2) by inserting after paragraph (9), the following:
``(10) Termination of lawful permanent residence upon
unauthorized return to afghanistan.--
``(A) In general.--The Secretary of Homeland Security shall
terminate the lawful permanent resident status of any alien
granted such status under paragraph (9) who is outside the
United States if the Secretary determines that the alien has
visited Afghanistan without obtaining advance permission to
travel pursuant to subparagraph (D)(ii).
``(B) Service.--The termination of lawful permanent
residence status under subparagraph (A) shall be effective on
the date that is 3 days after the date on which the Secretary
serves notice of such termination--
``(i) by publishing such notice in the Federal Register;
``(ii) by mailing such notice to the alien's most recent
United States address, as provided to the Secretary under
section 265 of

[[Page S3586]]

the Immigration and Nationality Act (8 U.S.C. 1305) or
otherwise under the immigration laws; or
``(iii) through personal service on the alien abroad in
accordance with applicable law.
``(C) Challenge to notice of termination.--
``(i) In general.--An alien whose status is terminated
pursuant to subparagraph (A) may challenge such termination
by seeking admission as an immigrant at a designated United
States port of entry not later than 180 days after the
effective date of such termination.
``(ii) Removal proceeding.--If an alien challenges a
termination in accordance with clause (i), the Secretary
shall place the alien in a removal proceeding under section
240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
For the purpose of such removal proceeding, the alien shall
be considered to be an alien lawfully admitted for permanent
residence who is seeking an admission into the United States.
If the alien prevails in the removal proceeding, or on a
petition for review of such proceeding under section 242 of
such Act (8 U.S.C. 1252), the alien shall be admitted to the
United States for lawful permanent residence. If the alien
does not prevail in the removal proceeding, or on a petition
for review of such proceeding, the alien shall be removed
from the United States.
``(D) Travel.--The Secretary of Homeland Security--
``(i) upon receiving a request from an alien challenging a
notice of termination under subparagraph (C), shall authorize
travel of the alien to a designated United States port of
entry for the purpose of the removal proceeding described in
subparagraph (C)(ii); and
``(ii) shall establish a process through which an alien
granted lawful permanent residence under this section may
apply in advance for permission to travel to Afghanistan.
``(E) Judicial review.--Except as specifically provided
under subparagraph (C), and notwithstanding any other
provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title, no court shall have jurisdiction to review any
determination made by the Secretary under this paragraph.
``(F) Rule of construction.--Nothing in this paragraph may
be construed--
``(i) to authorize any alien whose status has not been
terminated under this paragraph to travel to or to be
admitted to the United States;
``(ii) to require the Secretary to terminate the status of
an alien under this subsection so that the alien may travel
to the United States for the purpose of a removal proceeding
or for any other reason; or
``(iii) to limit the applicability of any no-fly list or
other travel security or public health measure otherwise
authorized by law.''; and
(3) in paragraph (14), as redesignated, by striking
``paragraph (12)(B)'' and inserting ``paragraph (13)(B)''.
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