S.Amdt. 3560

SA 3560. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 2296, to authorize appropriations for fiscal year
2026 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 F of title X, add the following:

SEC. 1067. MODIFICATION OF REQUIREMENTS FOR SPONSOR'S
AFFIDAVIT OF SUPPORT.

Section 213A of the Immigration and Nationality Act (8
U.S.C. 1183a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``No'' and all that follows through ``excludable'' and
inserting ``The Secretary of Homeland Security, Attorney
General, or any consular officer shall not accept an
affidavit of support to establish that an alien is not
inadmissible''; and
(ii) in subparagraph (A), by striking ``125 percent'' and
inserting ``150 percent'';
(B) in paragraph (2), by striking ``shall be'' and all that
follows through ``earlier,'' and inserting ``shall remain
enforceable with respect to benefits provided an alien
until'';
(C) by amending paragraph (3) to read as follows:
``(3) Termination of affidavit.--An affidavit of support is
no longer enforceable, and the obligations of the sponsor
terminate automatically by operation of law on the date on
which any of the following occurs:
``(A) The sponsored alien becomes a United States citizen.
``(B) The sponsored alien is deceased.
``(C) The sponsored alien--
``(i) ceases to hold the status of an alien lawfully
admitted for permanent residence;
``(ii) departs the United States; and
``(iii) is determined by a consular officer or immigration
judge through removal proceedings to have abandoned his or
her status while abroad.
``(D) The sponsored alien obtains, in a removal proceeding,
a new grant of adjustment of status as relief from removal,
in which case if the sponsored alien is still subject to the
affidavit of support requirement under this section, any
individual who signed an affidavit of support or an affidavit
of support attachment in relation to the new adjustment
application will be subject to the obligations of this
section, rather than the individual who signed an affidavit
of support or an affidavit of support attachment in relation
to an earlier grant of admission as an immigrant or of
adjustment of status.
``(E) The sponsored alien has a final order of removal, or
is subject to reinstatement of a final order of removal,
under this Act.
``(F)(i) The sponsored alien has worked, or can be credited
with, 40 qualifying quarters of coverage (as defined under
title II of the Social Security Act (42 U.S.C. 401 et seq.))
and did not receive any Federal means-tested public benefit
(as provided in section 403 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1613)) during any qualifying quarter creditable for such
period.
``(ii) For purposes of this section, in determining the
number of qualifying quarters of coverage under title II of
the Social Security Act (42 U.S.C. 401 et seq.) an alien
shall be credited with--
``(I) all of the qualifying quarters of coverage as defined
under title II of the Social Security Act worked by a parent
of such alien while the alien was under age 18, and
``(II) all of the qualifying quarters worked by a spouse of
such alien during their marriage and the alien remains
married to such spouse or such spouse is deceased.
``(iii) No such qualifying quarter of coverage that is
creditable under title II of the Social Security Act for any
period may be credited to an alien under clause (i) or (ii)
if the parent or spouse (as the case may be) of such alien
received any Federal means-tested public benefit (as provided
under section 1613 of this title) during the period for which
such qualifying quarter of coverage is so credited.
``(G) The sponsored alien has been charged with or is
convicted of any of the following crimes in which the sponsor
or the sponsor's child is a victim and the sponsor has not
aided or abetted:
``(i) A sex offense (as defined in section 111(5) of the
Sex Offender Registration and Notification Act (34 U.S.C.
20911(5))).
``(ii) A crime involving severe forms of trafficking in
persons (as defined in section 103(11) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(11))).
``(iii) A crime of child abuse and neglect (as defined in
section 3 of the Child Abuse Prevention and Treatment Act
(Public Law 93-247; 42 U.S.C. 5101 note)).
``(iv) Murder, manslaughter, or an attempt to commit murder
or manslaughter (as defined in sections 1111, 1112, and 1113
of title 18, United States Code).
``(v) A crime involving sexual exploitation and other abuse
of children (as described in sections 2251, 2251A, 2252,
2252A, 2252B, and 2252C of title 18, United States Code).'';
and
(D) by adding at the end the following:
``(4) Provision of information to save system.--The
Secretary of Homeland Security shall ensure that appropriate
information regarding the application of this paragraph is
provided to the system for alien verification of eligibility
(SAVE) described in section 1137(d)(3) of the Social Security
Act.'';
(2) in subsection (b)(1)(B), by inserting ``Secretary of
Homeland Security and'' before ``Attorney General'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``sponsor'' and all that
follows through ``Attorney General'' and inserting ``sponsor
and joint sponsor (if applicable) shall notify the Secretary
of Homeland Security, the Attorney General,''; and
(B) in the undesignated matter at the end, by inserting
``Secretary of Homeland Security and'' before ``Attorney
General'';
(4) in subsection (e)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), and moving such subparagraphs 2
ems to the right;
(B) by striking ``An action'' and inserting the following:

[[Page S5324]]

``(1) In general.--Except as provided in paragraph (2), an
action''; and
(C) by adding at the end the following:
``(2) Exception.--(A) A sponsored alien shall not be
permitted to file an action or otherwise seek enforcement of
an affidavit of support if the sponsored alien is described
in subparagraph (E) or (G) of subsection (a)(3).
``(B) Except as provided in subparagraph (A), a sponsored
alien who files an action or otherwise seeks enforcement of
an affidavit of support, and who a judge has determined that
the sponsored alien battered or subjected the sponsor or
sponsor's child to extreme cruelty, shall be required to pay
the sponsor's attorneys' fees and costs if the enforcement
action is dismissed with prejudice.'';
(5) in subsection (f)--
(A) in the subsection heading, by inserting ``and Joint
Sponsor'' after ``Sponsor'';
(B) in paragraph (1)--
(i) in subparagraph (E), by striking ``125 percent'' and
inserting ``150 percent'';
(ii) by redesignating subparagraphs (A) through (E) as
clauses (i) through (iv), and moving such clauses 2 ems to
the right;
(iii) by striking the paragraph heading and all that
follows through ``For purposes'', and inserting the
following:
``(1) Definitions.--
``(A) Sponsor.--For purposes''; and
(iv) by adding at the end the following:
``(B) Joint sponsor.--For purposes of this section, the
term `joint sponsor' in relation to a sponsored alien means
an individual who executes an affidavit of support with
respect to the sponsored alien and who--
``(i) is a citizen or national of the United States or an
alien who is lawfully admitted to the United States for
permanent residence;
``(ii) is at least 18 years of age;
``(iii) is domiciled in any of the several States of the
United States, the District of Columbia, or any territory or
possession of the United States;
``(iv) demonstrates (as provided in paragraph (6)) the
means to maintain an annual income equal to at least 150
percent of the Federal poverty line; and
``(v) is willing to submit an affidavit of support and
accept joint and several liability with the sponsor, in any
case in which the sponsor's household income is not
sufficient to satisfy the requirements of section 213A.'';
(C) in paragraph (2), by striking ``paragraph (1)(E)'' and
inserting ``paragraph (1)(A)(v)'';
(D) in paragraph (3), by striking ``paragraph (1)(E)'' and
inserting ``paragraph (1)(A)(v)'';
(E) in paragraph (4)--
(i) in the paragraph heading, by striking ``immigrants
case'' and inserting ``immigrant cases'';
(ii) in subparagraph (A), by striking ``paragraph (1)(D)''
and inserting ``paragraph (1)(A)(iv)''; and
(iii) in subparagraph (B)--

(I) in clause (i), by striking ``125 percent'' and
inserting ``150 percent''; and
(II) in clause (ii), by striking ``paragraph (1)(E)'' and
inserting ``paragraph (1)(A)(v)''; and

(F) in paragraph (5)--
(i) in the matter preceding subparagraph (A), by striking
``paragraph (1)(D)'' and inserting ``paragraph (1)(A)(iv)'';
and
(ii) in subparagraph (A), by striking ``125 percent'' and
inserting ``150 percent'';
(6) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively; and
(7) in subsection (h), as redesignated--
(A) in paragraph (2), by striking ``Attorney General'' and
all that follows through ``maintain'' and inserting
``Secretary of Homeland Security shall maintain an automated
system for''; and
(B) in paragraph (3), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''.
______