Sec. 2104. Additional requirements
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Chapter 5 of title II ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245C, as added by section 2102 of this title, the following: Except as otherwise provided in this subsection, no officer or employee of any Federal agency may— use the information furnished in an application for lawful status under section 245B, 245C, or 245D for any purpose other than to make a determination on any application by the alien for any immigration benefit or protection; make any publication through which information furnished by any particular applicant can be identified; or permit anyone other than the sworn officers, employees, and contractors of such agency or of another entity approved by the Secretary of Homeland Security to examine individual applications that have been filed under either such section.
The Secretary shall provide the information furnished in an application filed under section 245B, 245C, or 245D and any other information derived from such furnished information to— a law enforcement agency, intelligence agency, national security agency, component of the Department of Homeland Security, court, or grand jury if such information is requested by such entity, consistent with law, in connection with— a criminal investigation or prosecution of any matter not related to the applicant’s immigration status; or a national security investigation or prosecution; and an official coroner for purposes of affirmatively identifying a deceased individual, whether or not the death of such individual resulted from a crime.
The Secretary may— audit and evaluate information furnished as part of any application filed under section 245B, 245C, or 245D for purposes of identifying immigration fraud or fraud schemes; and use any evidence detected by means of audits and evaluations for purposes of investigating, prosecuting, referring for prosecution, or denying or terminating immigration benefits. Copies of employment records or other evidence of employment provided by an alien or by an alien's employer in support of an alien's application for registered provisional immigrant status under section 245B may not be used in a civil or criminal prosecution or investigation of that employer under section 274A or the Internal Revenue Code of 1986 for the prior unlawful employment of that alien regardless of the adjudication of such application or reconsideration by the Secretary of Homeland Security of such alien's prima facie eligibility determination.
Employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for registered provisional immigrant status shall not be subject to civil and criminal liability pursuant to section 274A for employing such unauthorized aliens. The protections for employers and aliens under paragraph
(1)shall not apply if the aliens or employers submit employment records that are deemed to be fraudulent. Administrative review of a determination respecting an application for status under section 245B, 245C, or 245D shall be conducted solely in accordance with this subsection. The Secretary of Homeland Security shall establish or designate an appellate authority to provide for a single level of administrative appellate review of a determination with respect to applications for, or revocation of, status under sections 245B, 245C, and 245D. An alien in the United States whose application for status under section 245B, 245C, or 245D has been denied or revoked may file with the Secretary not more than 1 appeal of each decision to deny or revoke such status. A notice of appeal filed under this subparagraph shall be filed not later than 90 days after the date of service of the decision of denial or revocation, unless the delay was reasonably justifiable. Nothing in this paragraph may be construed to limit the authority of the Secretary to certify appeals for review and final administrative decision. Appeals of a decision to deny or revoke a petition filed by a registered provisional immigrant pursuant to regulations promulgated under section 245B to classify a spouse or child of such alien as a registered provisional immigrant shall be subject to the administrative appellate authority described in subparagraph (A). Aliens seeking administrative review shall not be removed from the United States until a final decision is rendered establishing ineligibility for status under section 245B, 245C, or 245D. Administrative appellate review under paragraph
(2)shall be de novo and based solely upon— the administrative record established at the time of the determination on the application; and any additional newly discovered or previously unavailable evidence. During the period in which an alien may request administrative review under this subsection, and during the period that any such review is pending, the alien shall not be considered unlawfully present in the United States for purposes of section 212(a)(9)(B). The Secretary, in accordance with subsection (a)(1), shall require appropriate administrative and physical safeguards to protect the security, confidentiality, and integrity of personally identifiable information collected, maintained, and disseminated pursuant to sections 245B, 245C, and 245D. Notwithstanding the privacy requirements set forth in section 222 of the Homeland Security Act ( 6 U.S.C. 142 ) and the E-Government Act of 2002 ( Public Law 107–347 ), the Secretary shall conduct a privacy impact assessment and a civil liberties impact assessment of the legalization program established under sections 245B, 245C, and 245D during the pendency of the interim final regulations required to be issued under section 2110 of the Border Security, Economic Opportunity, and Immigration Modernization Act . . Section 242 (8 U.S.C. 1252) is amended— in subsection (a)(2)— in subparagraph (B), by inserting the exercise of discretion arising under after no court shall have jurisdiction to review ; in subparagraph (D), by striking raised upon a petition for review filed with an appropriate court of appeals in accordance with this section ; in subsection (b)(2), by inserting or, in the case of a decision rendered under section 245E(c), in the judicial circuit in which the petitioner resides after proceedings ; and by adding at the end the following: If an alien's application under section 245B, 245C, or 245D is denied, or is revoked after the exhaustion of administrative appellate review under section 245E(c), the alien may seek review of such decision, in accordance with chapter 7 of title 5, United States Code, before the United States district court for the district in which the person resides. While a review described in paragraph
(1)is pending— the alien shall not be deemed to accrue unlawful presence for purposes of section 212(a)(9); any unexpired grant of voluntary departure under section 240B shall be tolled; and the court shall have the discretion to stay the execution of any order of exclusion, deportation, or removal. An alien may seek judicial review of a denial or revocation of approval of the alien's application under section 245B, 245C, or 245D in the appropriate United States court of appeal in conjunction with the judicial review of an order of removal, deportation, or exclusion if the validity of the denial has not been upheld in a prior judicial proceeding under paragraph (1). Judicial review of a denial, or revocation of an approval, of an application under section 245B, 245C, or 245D shall be based upon the administrative record established at the time of the review. The reviewing court may remand a case under this subsection to the Secretary of Homeland Security for consideration of additional evidence if the court finds that— the additional evidence is material; and there were reasonable grounds for failure to adduce the additional evidence before the Secretary. Notwithstanding any other provision of law, judicial review of all questions arising from a denial, or revocation of an approval, of an application under section 245B, 245C, or 245D shall be governed by the standard of review set forth in section 706 of title 5, United States Code. Notwithstanding any other provision of law, the United States district courts shall have jurisdiction over any cause or claim arising from a pattern or practice of the Secretary of Homeland Security in the operation or implementation of the Border Security, Economic Opportunity, and Immigration Modernization Act , or the amendments made by such Act, that is arbitrary, capricious, or otherwise contrary to law. The United States district courts may order any appropriate relief in a clause or claim described in subparagraph
(A)without regard to exhaustion, ripeness, or other standing requirements (other than constitutionally-mandated requirements), if the court determines that— the resolution of such cause or claim will serve judicial and administrative efficiency; or a remedy would otherwise not be reasonably available or practicable. Except as provided in paragraph (5), any claim that section 245B, 245C, 245D, or 245E or any regulation, written policy, or written directive, issued or unwritten policy or practice initiated by or under the authority of the Secretary of Homeland Security to implement such sections, violates the Constitution of the United States or is otherwise in violation of law is available exclusively in an action instituted in United States District Court in accordance with the procedures prescribed in this paragraph. Except as provided in subparagraph (C), nothing in subparagraph
(A)may be construed to preclude an applicant under 245B, 245C, or 245D from asserting that an action taken or a decision made by the Secretary with respect to the applicant's status was contrary to law. Any claim described in subparagraph
(A)that is brought as a class action shall be brought in conformity with— the Class Action Fairness Act of 2005 ( Public Law 109–2 ); and the Federal Rules of Civil Procedure. The final disposition of any claim brought under subparagraph
(A)shall be preclusive of any such claim asserted by the same individual in a subsequent proceeding under this subsection. No claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section 245E(c). Nothing in this paragraph may be construed to prevent the court from staying proceedings under this paragraph to permit the Secretary to evaluate an allegation of an unwritten policy or practice or to take corrective action. In determining whether to issue such a stay, the court shall take into account any harm the stay may cause to the claimant. . Section 244(h) shall not limit the authority of the Secretary to adjust the status of an alien under section 245C or 245D of the Immigration and Nationality Act, as added by this subtitle. Failure to comply with section 264.1(f) of title 8, Code of Federal Regulations or with removal orders or voluntary departure agreements based on such section for acts committed before the date of the enactment of this Act shall not affect the eligibility of an alien to apply for a benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). The table of contents is amended by inserting after the item relating to section 245A the following: Sec. 245B. Adjustment of status of eligible entrants before December 31, 2011, to that of registered provisional immigrant. Sec. 245C. Adjustment of status of registered provisional immigrants. Sec. 245D. Adjustment of status for certain aliens who entered the United States as children. Sec. 245E. Additional requirements relating to registered provisional immigrants and others. .
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- Pub. L. 107-347
- Pub. L. 109-2
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Sec. 2104
Additional requirements
Pub. L.Pub. L. 107-347
Pub. L.Pub. L. 109-2
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