S.Amdt. 3833Senate117th Congress (2021-2023)2nd degree

To modify the immigration benefits for which certain Afghan nationals are eligible.

What it does: Rewrites page 80, line 6 through page 83, line 4
Sponsored by Tom CottonSen. Tom Cotton (R-AR)
Submitted September 29, 2021

What it changes

1 change to S.Amdt. 3830

Replaces text
  1. Rewrites page 80, line 6 through page 83, line 4

    Replaces

    Removes page 80, line 6 through page 83, line 4.

    Inserted: Sec. 2502. (a) In General.--Notwithstanding any other provision of law, a citizen or national of Afghanistan (or a person with no nationality who last habitually resided in Afghanistan) shall be eligible for the benefits described in subsections (b) and (c) if--

    Inserted: (1) such individual completed security and law enforcement background checks to the satisfaction of the Secretary of Homeland Security and was subsequently--

    Inserted: (A) paroled into the United States between July 31, 2021, and September 30, 2022; or

    Inserted: (B) paroled into the United States after September 30, 2022, and--

    Inserted: (i) is the spouse or child (as defined in section 101(b) of the Immigration and Nationality Act (8 U.S.C. 1101(b))) of an individual described in subparagraph (A); or

    Inserted: (ii) is the parent or legal guardian of an individual described in subparagraph (A) who is determined to be an unaccompanied child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))); and

    Inserted: (2) such individual's parole has not been terminated by the Secretary of Homeland Security.

    Inserted: (b) Benefits.--An individual described in subsection (a) shall be eligible for--

    Inserted: (1) resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) until March 31, 2023; and

    Inserted: (2) services described in section 412(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1522(d)(2)), subject to subparagraph (B) of such section, if such individual is an unaccompanied alien (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))).

    Inserted: (c) Expeditious Adjudication of Asylum Applications.--With respect to an application for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) filed by an individual described in subsection (a)--

    Inserted: (1) the initial interview on the asylum application shall occur not later than 15 days after the date on which such application is filed; and

    Show 10 more inserted paragraphs

    Inserted: (2) in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed not later than 150 days after the date on which such application is filed.

    Inserted: (d) Clarification.--Notwithstanding any other provision of law, nothing in this Act may be interpreted--

    Inserted: (1) to preclude an individual described in subsection (a) from applying for or receiving any immigration benefit to which such individual is otherwise entitled;

    Inserted: (2) to entitle a person described in subsection (a) to adjustment of status to lawful permanent resident; or

    Inserted: (3) preclude a person described in subsection (a) from applying for a driver's license or identification card for which such person is eligible under State law.

    Inserted: (e) Report.--Not later than 120 days after the date of the enactment of this Act, and every 3 months thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Secretary of State, shall submit a report to Congress detailing--

    Inserted: (1) the number of individuals described in subsection (a);

    Inserted: (2) the number of individuals receiving benefits under subsection (b), including those who are eligible for benefits as refugees; and

    Inserted: (3) any other information that the Secretary considers relevant.

    Inserted: (f) Emergency Requirement.--Each amount provided by this section is designated by Congress as being for an emergency requirement pursuant to subsections (a)(1) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.

    Original wording

    Beginning on page 80, strike line 6 and all that follows through page 83, line 4, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 3833. Mr. COTTON (for himself, Mr. Portman, Mr. Grassley, and Mr. Scott of Florida) submitted an amendment intended to be proposed by him to the bill H.R. 5305, making continuing appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 80, strike line 6 and all that follows through page 83, line 4, and insert the following:

Sec. 2502. (a) In General.--Notwithstanding any other provision of law, a citizen or national of Afghanistan (or a person with no nationality who last habitually resided in Afghanistan) shall be eligible for the benefits described in subsections (b) and (c) if--

(1) such individual completed security and law enforcement background checks to the satisfaction of the Secretary of Homeland Security and was subsequently--

(A) paroled into the United States between July 31, 2021, and September 30, 2022; or

(B) paroled into the United States after September 30, 2022, and--

(i) is the spouse or child (as defined in section 101(b) of the Immigration and Nationality Act (8 U.S.C. 1101(b))) of an individual described in subparagraph (A); or

(ii) is the parent or legal guardian of an individual described in subparagraph (A) who is determined to be an unaccompanied child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))); and

(2) such individual's parole has not been terminated by the Secretary of Homeland Security.

(b) Benefits.--An individual described in subsection (a) shall be eligible for--

(1) resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) until March 31, 2023; and

(2) services described in section 412(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1522(d)(2)), subject to subparagraph (B) of such section, if such individual is an unaccompanied alien (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))).

(c) Expeditious Adjudication of Asylum Applications.--With respect to an application for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) filed by an individual described in subsection (a)--

(1) the initial interview on the asylum application shall occur not later than 15 days after the date on which such application is filed; and

(2) in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed not later than 150 days after the date on which such application is filed.

(d) Clarification.--Notwithstanding any other provision of law, nothing in this Act may be interpreted--

(1) to preclude an individual described in subsection (a) from applying for or receiving any immigration benefit to which such individual is otherwise entitled;

(2) to entitle a person described in subsection (a) to adjustment of status to lawful permanent resident; or

(3) preclude a person described in subsection (a) from applying for a driver's license or identification card for which such person is eligible under State law.

(e) Report.--Not later than 120 days after the date of the enactment of this Act, and every 3 months thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Secretary of State, shall submit a report to Congress detailing--

(1) the number of individuals described in subsection (a);

(2) the number of individuals receiving benefits under subsection (b), including those who are eligible for benefits as refugees; and

(3) any other information that the Secretary considers relevant.

(f) Emergency Requirement.--Each amount provided by this section is designated by Congress as being for an emergency requirement pursuant to subsections (a)(1) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.

Legislative Activity

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Senate amendment not agreed to: Amendment SA 3833 not agreed to in Senate by Yea-Nay Vote. 50 - 50. Record Vote Number: 394.

September 30, 2021

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Senate amendment not agreed to: Amendment SA 3833 not agreed to in Senate by Yea-Nay Vote. 50 - 50. Record Vote Number: 394.

September 30, 2021

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Roll call votes on amendments in Senate: Amendment SA 3833 not agreed to in Senate by Yea-Nay Vote. 50 - 50. Record Vote Number: 394.

September 30, 2021

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Senate amendment proposed (on the floor): Amendment SA 3833 proposed by Senator Leahy for Senator Cotton to Amendment SA 3830.

September 30, 2021

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Amendment SA 3833 proposed by Senator Leahy for Senator Cotton to Amendment SA 3830. (consideration: CR S6804-6805, S6808; text: CR S6804-6805) To modify the immigration benefits for which certain Afghan nationals are eligible.

September 30, 2021

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Amendment SA 3833 not agreed to in Senate by Yea-Nay Vote. 50 - 50. Record Vote Number: 394.

September 30, 2021

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Senate amendment submitted

September 29, 2021