Sec. 1307. 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 may temporarily parole into the United States any alien applying for admission to the United States, under such conditions as the Secretary may prescribe, including requiring the posting of a bond, and only on a case-by-case basis for an urgent humanitarian reason or a reason deemed strictly in the public interest. 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. When the purposes of the parole of an alien have been served, as determined by the Secretary, the alien shall immediately return to his or her country of citizenship, nationality, or origin. If the alien was paroled from custody, the alien shall be returned to the custody from which the alien was paroled and the alien shall be considered for admission to the United States on the same basis as other similarly situated applicants for admission. 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 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. An urgent humanitarian reason referred to in subparagraph
(A)means— the alien has a medical emergency and the alien cannot obtain necessary treatment in the foreign state in which the alien is residing or the medical emergency is life-threatening and there is insufficient time for the alien to be admitted through the normal visa process; the alien is needed in the United States in order to donate an organ or other tissue for transplant into a close family member; 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; the alien is a lawful applicant for adjustment of status under section 245; or the alien was lawfully granted status under section 208 or lawfully admitted under section 207. A reason deemed strictly in the public interest occurs if the alien has assisted the United States Government in a matter, such as a criminal investigation, espionage, or other similar law enforcement activity, and either the alien’s presence in the United States is required by the Government or the alien’s life would be threatened if the alien were not permitted to come to the United States. The Secretary may not use the parole authority under this paragraph to permit to come to the United States aliens who have applied for and have been found to be ineligible for refugee status or any alien to whom the provisions of this paragraph do not apply. The Secretary 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 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 revoke a grant of advance parole to an alien at any time. Such revocation shall not be subject to administrative appeal or judicial review. An alien who leaves the United States temporarily pursuant to a grant of advance parole makes a departure from the United States pursuant to the immigration laws. . The amendment made by subsection
(a)shall take effect on the first day of the first month beginning more than 60 days after the date of the enactment of this Act.
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Sec. 1307
Ending abuse of parole authority
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