Sec. 307. Ending abuse of parole authority
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Section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) is amended to read as follows: Except as provided in subparagraph
(C)or section 214(f), the Secretary of Homeland Security, in the Secretary’s discretion, may parole into the United States temporarily, under such conditions as the Secretary may prescribe, including requiring the posting of a bond, and only on a case-by-case basis for urgent humanitarian reasons or significant public benefit, any alien applying for admission to the United States. In accordance with section 101(a)(13)(B), parole of an alien under subparagraph
(A)shall not be regarded as an admission of the alien to the United States. The Secretary may not use the authority under subparagraph
(A)to parole in generalized categories of aliens or classes of aliens based solely on nationality, presence, or residence in the United States, family relationships, or any other criteria that would cover a broad group of foreign nationals either inside or outside of the United States. The Secretary of Homeland Security shall not parole in any alien who the Secretary, in the Secretary’s sole and unreviewable discretion, determines is a threat to national security or public safety, except in extreme exigent circumstances. In subclause (I), the term extreme exigent circumstances means circumstances under which— the failure to parole the alien would result in the immediate significant risk of loss of life or bodily function due to a medical emergency; the failure to parole the alien would conflict with medical advice as to the health or safety of the individual, detention facility staff, or other detainees; or there is an urgent need for the alien’s presence for a law enforcement purpose, including for a prosecution or securing the alien’s presence to appear as a material witness, or a national security purpose. The Secretary of Homeland Security shall determine when the purpose of parole of an alien has been served and, upon such determination— the alien’s case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States; and if the alien was previously detained, the alien shall be returned to the custody from which the alien was paroled. In this subparagraph, the term advance parole means advance approval for an alien applying for admission to the United States to request at a port of entry in the United States, a pre-inspection station, or a designated field office of the Department of Homeland Security, to be paroled into the United States under subparagraph (A). The Secretary of Homeland Security may, in the Secretary’s discretion, grant an application for advance parole. Approval of an application for advance parole shall not constitute a grant of parole under subparagraph (A). A grant of parole into the United States based on an approved application for advance parole shall not be considered a parole for purposes of qualifying for adjustment of status to lawful permanent resident status in the United States under section 245 or 245A. The Secretary may, in the Secretary’s discretion, revoke a grant of advance parole to an alien at any time, regardless of whether the alien is inside or outside the United States. Such revocation shall not be subject to administrative appeal or judicial review. .
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Sec. 307
Ending abuse of parole authority
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