S.Amdt. 2009

SA 2009. Ms. CORTEZ MASTO (for herself, Mr. Leahy, and Mrs. Murray)
submitted an amendment intended to be proposed by her 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. __. PROHIBITION ON REMOVAL OF CERTAIN VICTIMS WITH
PENDING PETITIONS AND APPLICATIONS.

(a) In General.--Section 235 of the Immigration and
Nationality Act (8 U.S.C. 1225) is amended by adding at the
end the following:
``(e) Prohibition on Removal of Certain Victims With
Pending Petitions and Applications.--
``(1) In general.--An alien described in paragraph (2)
shall not be ordered removed under this section until there
is a final administrative denial of the application for
admission after the exhaustion of administrative appeals.
``(2) Aliens described.--An alien is described in this
paragraph if the alien--
``(A) has a pending application under section
101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3)
(as in effect on March 31, 1997); or
``(B) is a VAWA self-petitioner, as defined in section
101(a)(51), with a pending application for relief under a
provision referred to in any of subparagraphs (A) through (G)
of such section.
``(3) Exception.--Paragraph (1) shall not apply in a case
in which the Director of U.S. Citizenship and Immigration
Services determines that the alien is prima facie ineligible
for admission for any of the reasons described in clauses (i)
through (iv) of section 241(b)(3)(B).''.
(b) Administrative Stays of Removal for Applicants for
Certain Nonimmigrant Status.--Section 237(d)(1) of the
Immigration and Nationality Act (8 U.S.C. 1227(d)(1)) is
amended to read as follows:
``(d)(1) The Director of U.S. Citizenship and Immigration
Services shall make a determination whether an application
for nonimmigrant status under subparagraph (T) or (U) of
section 101(a)(15) filed for an alien in the United States
sets forth a prima facie case for approval, and, if so, the
Secretary shall grant the alien an administrative stay of a
final order of removal under section 241(c)(2) until--
``(A) the application for nonimmigrant status under such
subparagraph (T) or (U) is approved; or
``(B) there is a final administrative denial of the
application for such nonimmigrant status after the exhaustion
of administrative appeals.''.
(c) Expedited Removal of Aliens Convicted of Aggravated
Felonies.--Section 238 of the Immigration and Nationality Act
(8 U.S.C. 1228) is amended by adding at the end the
following:
``(d) Prohibition on Removal of Certain Victims With
Pending Petitions and Applications.--
``(1) In general.--An alien described in paragraph (2)
shall not be ordered removed under this section until there
is a final administrative order of removal after the
exhaustion of administrative appeals.
``(2) Aliens described.--An alien is described in this
paragraph if the alien--
``(A) has a pending application under section
101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3)
(as in effect on March 31, 1997); or
``(B) is a VAWA self-petitioner, as defined in section
101(a)(51),with a pending application for relief under a
provision referred to in any of subparagraphs (A) through (G)
of such section.
``(3) Exception.--Paragraph (1) shall not apply in a case
in which the Director of U.S. Citizenship and Immigration
Services determines that the alien is prima facie ineligible
for admission for any of the reasons described in clauses (i)
through (iv) of section 241(b)(3)(B).''.
(d) Detention and Removal of Aliens Ordered Removed.--
Section 241(a) of the Immigration and Nationality Act (8
U.S.C. 1231(a)) is amended by adding at the end the
following:
``(8) Prohibition on removal of certain victims with
pending petitions and applications.--
``(A) In general.--An alien described in subparagraph (B)
shall not be removed under this section until there is a
final administrative order of removal after the exhaustion of
administrative appeals.
``(B) Aliens described.--An alien is described in this
paragraph if the alien--
``(i) has a pending application under section
101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3)
(as in effect on March 31, 1997); or
``(ii) is a VAWA self-petitioner, as defined in section
101(a)(51),with a pending application for relief under a
provision referred to in one of subparagraphs (A) through (G)
of such section.
``(C) Exception.--Paragraph (1) shall not apply in a case
in which the Director of U.S. Citizenship and Immigration
Services determines that the alien is prima facie ineligible
for admission for any of the reasons described in clauses (i)
through (iv) of section 241(b)(3)(B).''.
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