S.Amdt. 1968

SA 1968. Mr. CARDIN (for himself, Mr. Van Hollen, Ms. Cortez Masto,
Mr. Reed, Mr. Kaine, Mr. Markey, Ms. Smith, and Ms. Klobuchar)
submitted an amendment intended to be proposed by him to the bill H.R.
2579, to amend the Internal Revenue Code of 1986 to allow the premium
tax credit with respect to unsubsidized COBRA continuation coverage;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PERMANENT RESIDENT STATUS FOR CERTAIN ALIENS FROM
COUNTRIES FACING REPRESSION AND EMERGENCIES.

(a) Adjustment of Status of Certain Foreign Nationals.--
(1) Adjustment of status.--
(A) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)), the
status of any alien described in paragraph (2) shall be
adjusted by the Secretary of Homeland Security to that of an
alien lawfully admitted for permanent residence if the
alien--
(i) is not inadmissible under paragraph (2) or (3) of
section 212(a) of such Act (8 U.S.C. 1182(a));
(ii) is not deportable under paragraph (2), (3), or (4) of
section 237(a) of such Act (8 U.S.C. 1227(a)); and
(iii) is not described in section 208(b)(2)(A)(i) of such
Act (8 U.S.C. 1158(b)(2)(A)(i)).
(B) Relationship of application to certain orders.--
(i) In general.--An alien who is present in the United
States and has been ordered removed, or permitted voluntarily
to depart, from the United States under any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may,
notwithstanding such order, apply for adjustment of status
under subparagraph (A).
(ii) Motion not required.--An alien described in clause (i)
may not be required, as a condition of submitting or
approving an application under such subparagraph, to file a
motion to reopen, reconsider, or vacate an order described in
such subparagraph.
(iii) Approval.--If the Secretary of Homeland Security
approves an application submitted by an alien under clause
(i), the Secretary shall cancel the order related to the
alien that is referred to in such subparagraph.
(iv) Denial.--If the Secretary of Homeland Security renders
a final administrative decision to deny an application
submitted by an alien under clause (i), the order related to
such alien shall be effective and enforceable to the same
extent as if such application had not been made.
(2) Aliens eligible for adjustment of status.--
(A) In general.--An alien is described in this paragraph if
the alien--
(i) is a national of a foreign state that was at any time
designated under section 244(b) of the Immigration and
Nationality Act (8 U.S.C. 1254a(b));
(ii)(I) is in temporary protected status under section 244
of the Immigration and Nationality Act 8 (8 U.S.C. 1254a);
(II) held temporary protected status as a national of a
designated country listed in clause (i); or
(III) qualified for temporary protected status at the time
the last designation was made by the Secretary of Homeland
Security;
(iii) has been continuously present in the United States
for at least 3 years and is physically present in the United
States on the date on which the alien files an application
for adjustment of status under this section; and
(iv) passes all applicable criminal and national security
background checks.
(B) Short absences.--An alien shall not be considered to
have failed to maintain continuous physical presence in the
United States under subparagraph (A)(iii) by reason of an
absence, or multiple absences, from the United States for any
period or periods that do not exceed, in the aggregate, 180
days.
(C) Waiver authorized.--Notwithstanding any provision of
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
an alien who fails to meet the continuous physical presence
requirement under subparagraph (A)(iii) shall be considered
eligible to receive an adjustment of status under this
section if the Attorney General or the Secretary of Homeland
Security determines that the removal of the alien from the
United States would result in extreme hardship to the alien
or the alien's spouse, children, parents, or domestic
partner.
(3) Stay of removal.--
(A) In general.--Except as provided in subparagraph (B), an
alien who is subject to a final order of removal may not be
removed if the alien--
(i) has a pending application under paragraph (1); or
(ii)(I) is prima facie eligible to file an application
under paragraph (1); and
(II) indicates that he or she intends to file such an
application.
(B) Exception.--Subparagraph (A) shall not apply to any
alien whose application under paragraph (1) has been denied
by the Secretary of Homeland Security in a final
administrative determination.
(C) During certain proceedings.--
(i) In general.--Except as provided in clause (ii) and
notwithstanding any provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of
Homeland Security may not order any alien to be removed from
the United States if the alien raises, as a defense to such
an order, the eligibility of the alien to apply for
adjustment of status under paragraph (1).
(ii) Exception.--Clause (i) shall not apply to any alien
whose application under paragraph (1) has been denied by the
Secretary of Homeland Security in a final administrative
determination.
(D) Work authorization.--The Secretary of Homeland
Security--
(i) shall authorize any alien who has applied for
adjustment of status under paragraph (1) to engage in
employment in the United States while such application is
pending; and
(ii) may provide such alien with an ``employment
authorized'' endorsement or other appropriate document
signifying such employment authorization.
(4) Adjustment of status for spouses and children.--
(A) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)) and except
as provided in subparagraphs (B) and (C), the Secretary of
Homeland Security shall adjust the status of an alien to that
of an alien lawfully admitted for permanent residence if the
alien--
(i) is the spouse, domestic partner, child, or unmarried
son or daughter of an alien whose status has been adjusted to
that of an alien lawfully admitted for permanent residence
under paragraph (1);
(ii) is physically present in the United States on the date
on which the alien files an application for such adjustment
of status; and
(iii) is otherwise eligible to receive an immigrant visa
and is otherwise admissible to the United States for
permanent residence.
(B) Continuous presence requirement.--
(i) In general.--The status of an unmarried son or daughter
referred to in subparagraph (A)(i) may not be adjusted under
subparagraph (A) until such son or daughter establishes that
he or she has been physically present in the United States
for at least 1 year.
(ii) Short absences.--An alien shall not be considered to
have failed to maintain continuous physical presence in the
United States under clause (i) by reason of an absence, or
multiple absences, from the United States for any period or
periods that do not exceed, in the aggregate, 180 days.
(C) Waiver.--In determining eligibility and admissibility
under subparagraph (A)(iii), the grounds for inadmissibility
under paragraphs (4), (5), (6), (7)(A), and (9) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)) shall not apply.
(5) Availability of administrative review.--The Secretary
of Homeland Security shall provide applicants for adjustment
of status under paragraph (1) the same right to, and
procedures for, administrative review as are provided to--
(A) applicants for adjustment of status under section 245
of the Immigration and Nationality Act 19 (8 U.S.C. 1255); or
(B) aliens who are subject to removal proceedings under
section 240 of such Act (8 U.S.C. 1229a).
(6) Exceptions to numerical limitations.--The numerical
limitations set forth in sections 201 and 202 of the
Immigration and Nationality Act (8 U.S.C. 1151 and 1152)
shall not apply to aliens whose status is adjusted pursuant
to paragraph (1).
(b) Additional Reporting Requirements Regarding Future
Discontinued Eligibility of Aliens From Countries Currently
Listed Under Temporary Protected Status.--Section 244(b)(3)
of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(3))
is amended--
(1) in subparagraph (A)--
(A) by striking ``the Attorney General'' and inserting ``,
the Secretary of Homeland Security'';
(B) by inserting ``(including a recommendation from the
Secretary of State that is received by the Secretary of
Homeland Security not later than 90 days before the end of
such period of designation)'' after ``Government''; and
(C) by striking ``The Attorney General'' and inserting
``The Secretary''; and
(2) in subparagraph (B)--
(A) by striking ``If the Attorney General'' and inserting
the following:
``(i) In general.--If the Secretary of Homeland Security'';
(B) in clause (i), as redesignated, by striking ``Attorney
General'' and inserting ``Secretary''; and
(C) by adding at the end the following:
``(ii) Report.--Not later than 3 days after the publication
of the Secretary's determination in the Federal Register that
a country's designation under paragraph (1) is being
terminated, the Secretary shall submit a report to the
Committee on the Judiciary

[[Page S1085]]

of the Senate and the Committee on the Judiciary of the House
of Representatives that shall include--

``(I) an explanation of the event or events that initially
prompted such country's designation under paragraph (1);
``(II) the progress the country has made in remedying the
designation under paragraph (1), including any significant
challenges or shortcomings that have not been addressed since
the initial designation;
``(III) a statement indicating whether the country has
requested a designation under paragraph (1), a redesignation
under such paragraph, or an extension of such designation;
and
``(IV) an analysis, with applicable and relevant metrics,
as determined by the Secretary, of the country's ability to
repatriate its nationals, including--

``(aa) the country's financial ability to provide for its
repatriated citizens;
``(bb) the country's financial ability to address the
initial designation under paragraph (1) without foreign
assistance;
``(cc) the country's gross domestic product and per capita
gross domestic product per capita;
``(dd) an analysis of the country's political stability and
its ability to be economically self-sufficient without
foreign assistance;
``(ee) the economic and social impact repatriation of
nationals in possession of temporary protected status would
have on the recipient country; and
``(ff) any additional metrics the Secretary considers
necessary.''.
(c) Other Matters.--
(1) Application of immigration and nationality act
provisions.--Except as otherwise specifically provided in
this section, the definitions in the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this
section.
(2) Savings provision.--Nothing in this section may be
construed to repeal, amend, alter, modify, effect, or
restrict the powers, duties, functions, or authority of the
Secretary of Homeland Security in the administration and
enforcement of the immigration laws.
(3) Eligibility for other immigration benefits.--An alien
who is eligible to be granted the status of an alien lawfully
admitted for permanent residence under subsection (a) may not
be precluded from seeking such status under any other
provision of law for which the alien may otherwise be
eligible.
______