S. 505Senate118th Congress (2023-2025)In Committee

Immigration Parole Reform Act of 2023

Introduced February 16, 2023

AI-Generated Summary

Updated January 20, 2026 at 3:42 AM UTC

The Immigration Parole Reform Act of 2023 amends the Immigration and Nationality Act to change how the Secretary of Homeland Security can grant parole to non‑citizens. It shifts parole decisions to a case‑by‑case basis for urgent humanitarian reasons or significant public benefit, adds specific categories for certain aliens, limits work authorization, sets duration limits, requires annual reporting, and provides a cause of action for financial harms.

Key Provisions

  • Parole may be granted case‑by‑case for urgent humanitarian reasons (e.g., medical emergencies, organ donation, imminent family death) or significant public benefit (law‑enforcement assistance) rather than by class eligibility
  • Defines humanitarian reasons and public‑benefit criteria in detail, limiting what qualifies for parole
  • Adds parole eligibility for (B) aliens present without status who are spouses/children of active‑duty service members and (C) Cuban nationals meeting specific visa and migration‑agreement conditions
  • Parole does not count as admission; employment is prohibited except for B and C parolees who may receive work authorization
  • Parole is limited to the shorter of the time needed for the purpose or one year, with one possible extension of up to another year; adjustment‑of‑status applicants can extend in one‑year increments until adjudication
  • Requires the Secretary of Homeland Security to submit an annual public report on the number, type, duration, and status of all paroled aliens
  • Implementation takes effect 30 days after enactment, with exceptions for pending applications and pre‑2023 parole cases
  • Allows any person, state, or local government harmed financially over $1,000 by improper application of the Act to sue the federal government

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

February 16, 2023

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SenateIntro Referral

Introduced in Senate

February 16, 2023

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

February 16, 2023

Floor Debate

3 members

What members said about S. 505 on the floor

2 Republicans1 Democrat
Chuck Grassley
Sen. Chuck GrassleyR-IA · May 22, 2024

Mr. President, let's start at the grassroots of Iowa. The question that comes up frequently at my county meetings--and next week, I am going to hold a Q&A in 12 of Iowa's 99 counties, and I expect I…

Alex Padilla
Sen. Alex PadillaD-CA · May 22, 2024

Mr. President, reserving the right to object, this week has given the American people yet another clear window into the Republican mind when it comes to immigration: They are not serious about…

Ted Budd
Sen. Ted BuddR-NC · May 22, 2024

I suggest the absence of a quorum. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Bill Text

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Introduced in SenateIssued February 16, 2023

II

118th CONGRESS

1st Session

S. 505

IN THE SENATE OF THE UNITED STATES

February 16, 2023

Mr. Grassley (for himself, Mr. Cotton, Mr. Cassidy, Mr. Vance, Mr. Lankford, Mr. Tuberville, Mrs. Britt, Mr. Lee, and Ms. Ernst) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend section 212(d)(5) of the Immigration and Nationality Act to reform immigration parole, and for other purposes.

1.

Short title

This Act may be cited as the Immigration Parole Reform Act of 2023.

2.

Immigration parole reform

Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended to read as follows:

(5)
(A)

Except as provided in subparagraphs (B) and (C) and section 214(f), the Secretary of Homeland Security, in the discretion of the Secretary, may temporarily parole into the United States any alien applying for admission to the United States who is not present in the United States, under such conditions as the Secretary may prescribe, on a case-by-case basis, and not according to eligibility criteria describing an entire class of potential parole recipients, for urgent humanitarian reasons or significant public benefit. Parole granted under this subparagraph may not be regarded as an admission of the alien. When the purposes of such parole have been served in the opinion of the Secretary, the alien shall immediately return or be returned to the custody from which the alien was paroled. After such return, the case of the alien shall be dealt with in the same manner as the case of any other applicant for admission to the United States.

(B)

The Secretary of Homeland Security may grant parole to any alien who—

(i)

is present in the United States without lawful immigration status;

(ii)

is the beneficiary of an approved petition under section 203(a);

(iii)

is not otherwise inadmissible or removable; and

(iv)

is the spouse or child of a member of the Armed Forces serving on active duty.

(C)

The Secretary of Homeland Security may grant parole to any alien—

(i)

who is a national of the Republic of Cuba and is living in the Republic of Cuba;

(ii)

who is the beneficiary of an approved petition under section 203(a);

(iii)

for whom an immigrant visa is not immediately available;

(iv)

who meets all eligibility requirements for an immigrant visa;

(v)

who is not otherwise inadmissible; and

(vi)

who is receiving a grant of parole in furtherance of the commitment of the United States to the minimum level of annual legal migration of Cuban nationals to the United States specified in the U.S.–Cuba Joint Communiqué on Migration, done at New York September 9, 1994, and reaffirmed in the Cuba-United States: Joint Statement on Normalization of Migration, Building on the Agreement of September 9, 1994, done at New York May 2, 1995.

(D)

For purposes of determining an alien's eligibility for parole under subparagraph (A), an urgent humanitarian reason shall be limited to circumstances in which the alien establishes that—

(i)
(I)

the alien has a medical emergency; and

(II)
(aa)

the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or

(bb)

the medical emergency is life-threatening and there is insufficient time for the alien to be admitted through the normal visa process;

(ii)

the alien is the parent or legal guardian of an alien described in clause (i) and the alien described in clause (i) is a minor;

(iii)

the alien is needed in the United States in order to donate an organ or other tissue for transplant and there is insufficient time for the alien to be admitted through the normal visa process;

(iv)

the alien has a close family member in the United States whose death is imminent and the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted through the normal visa process;

(v)

the alien is seeking to attend the funeral of a close family member and the alien could not arrive in the United States in time to attend such funeral if the alien were to be admitted through the normal visa process;

(vi)

the alien is an adopted child with an urgent medical condition who is in the legal custody of the petitioner for a final adoption-related visa and whose medical treatment is required before the expected award of a final adoption-related visa; or

(vii)

the alien is a lawful applicant for adjustment of status under section 245 and is returning to the United States after temporary travel abroad.

(E)

For purposes of determining an alien's eligibility for parole under subparagraph (A), a significant public benefit may be determined to result from the parole of an alien only if—

(i)

the alien has assisted (or will assist, whether knowingly or not) the United States Government in a law enforcement matter;

(ii)

the alien’s presence is required by the Government in furtherance of such law enforcement matter; and

(iii)

the alien is inadmissible, does not satisfy the eligibility requirements for admission as a nonimmigrant, or there is insufficient time for the alien to be admitted through the normal visa process.

(F)

For purposes of determining an alien's eligibility for parole under subparagraph (A), the term case-by-case basis means that the facts in each individual case are considered and parole is not granted based on membership in a defined class of aliens to be granted parole. The fact that aliens are considered for or granted parole one-by-one and not as a group is not sufficient to establish that the parole decision is made on a case-by-case basis.

(G)

The Secretary of Homeland Security may not use the parole authority under this paragraph to parole an alien into the United States for any reason or purpose other than those described in subparagraphs (B), (C), (D), and (E).

(H)

An alien granted parole may not accept employment, except that an alien granted parole pursuant to subparagraph (B) or (C) is authorized to accept employment for the duration of the parole, as evidenced by an employment authorization document issued by the Secretary of Homeland Security.

(I)

Parole granted after a departure from the United States shall not be regarded as an admission of the alien. An alien granted parole, whether as an initial grant of parole or parole upon reentry into the United States, is not eligible to adjust status to lawful permanent residence or for any other immigration benefit if the immigration status the alien had at the time of departure did not authorize the alien to adjust status or to be eligible for such benefit.

(J)
(i)

Except as provided in clauses (ii) and (iii), parole shall be granted to an alien under this paragraph for the shorter of—

(I)

a period of sufficient length to accomplish the activity described in subparagraph (D) or (E) for which the alien was granted parole; or

(II)

1 year.

(ii)

Grants of parole pursuant to subparagraph (A) may be extended once, in the discretion of the Secretary, for an additional period that is the shorter of—

(I)

the period that is necessary to accomplish the activity described in subparagraph (D) or (E) for which the alien was granted parole; or

(II)

1 year.

(iii)

Aliens who have a pending application to adjust status to permanent residence under section 245 may request extensions of parole under this paragraph, in 1-year increments, until the application for adjustment has been adjudicated. Such parole shall terminate immediately upon the denial of such adjustment application.

(K)

Not later than 90 days after the last day of each fiscal year, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives and make available to the public, a report—

(i)

identifying the total number of aliens paroled into the United States under this paragraph during the previous fiscal year; and

(ii)

containing information and data regarding all aliens paroled during such fiscal year, including—

(I)

the duration of parole;

(II)

the type of parole; and

(III)

the current status of the aliens so paroled.

.

3.

Implementation

(a)

In general

Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date that is 30 days after the date of the enactment of this Act.

(b)

Exceptions

Notwithstanding subsection (a)—

(1)

any application for parole or advance parole filed by an alien before the date of the enactment of this Act shall be adjudicated under the law that was in effect on the date on which the application was properly filed and any approved advance parole shall remain valid under the law that was in effect on the date on which the advance parole was approved;

(2)

section 212(d)(5)(I) of the Immigration and Nationality Act, as added by section 2(b), shall take effect on the date of the enactment of this Act; and

(3)

aliens who were paroled into the United States pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall continue to be subject to the terms of parole that were in effect on the date on which their respective parole was approved.

4.

Cause of action

Any person, State, or local government that experiences financial harm in excess of $1,000 due to a failure of the Federal Government to lawfully apply the provisions of this Act or the amendments made by this Act shall have standing to bring a civil action against the Federal Government in an appropriate district court of the United States.

5.

Severability

If any provision of this Act or any amendment by this Act, or the application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of such provision or amendment to any other person or circumstance shall not be affected.