Sec. 17. Deterring visa overstays
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Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by striking the section designation and heading and all that follows through the end of subsection (a)(1) and inserting the following: Subject to subparagraphs
(B)and (C), the admission to the United States of any alien as a nonimmigrant may be for such time and under such conditions as the Secretary may prescribe, in his or her sole and unreviewable discretion, including when the Secretary deems necessary the giving of a bond with sufficient surety in such sum and containing such conditions as the Secretary shall prescribe, to ensure that at the expiration of such time or upon failure to maintain the status under which the alien was admitted, or to maintain any status subsequently acquired under section 248, such alien will depart from the United States. No alien admitted to Guam or the Commonwealth of the Northern Mariana Islands without a visa pursuant to section 212(l) may be authorized to enter or stay in the United States, other than in Guam or the Commonwealth of the Northern Mariana Islands, or to remain in Guam or the Commonwealth of the Northern Mariana Islands for a period exceeding 45 days after the date on which the alien was admitted to Guam or the Commonwealth of the Northern Mariana Islands. An alien admitted to the United States without a visa pursuant to section 217 shall not be authorized to remain in the United States as a nonimmigrant visitor for a period exceeding 90 days from the date on which the alien was admitted. In this subparagraph, the term good cause means extreme exigent humanitarian circumstances, determined on a case-by-case basis only, such as a medical emergency or force majeure. Subject to clause (iii), except for an alien admitted as a nonimmigrant under subparagraph (A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of section 101(a)(15) or as a NATO–1, 2, 3, 4, 5, or 6 nonimmigrant, any alien who remains in the United States for a period of more than 30 days after the date on which the period of stay or parole authorized by the Secretary for the alien ends, without good cause, is inadmissible and ineligible for all immigration benefits or relief available under the immigration laws, including relief under sections 240A(b)(1), 240B(b), 245, 248, and 249, other than— asylum; relief as a victim of trafficking under section 101(a)(15)(T); relief as a victim of criminal activity under section 101(a)(15)(U); relief under the Violence Against Women Act of 1994 ( 42 U.S.C. 13701 et seq.) as a spouse or child who has been battered or subjected to extreme cruelty; relief as a battered spouse or child under section 240A(b)(2); withholding of removal under section 241(b)(3); or protection from removal based on a claim under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984. The Secretary may, in the Secretary's sole and unreviewable discretion, determine that a nonimmigrant is not subject to clause
(ii)if— the alien was lawfully inspected and admitted to the United States as a nonimmigrant; the alien filed a nonfrivolous application for change of status to another nonimmigrant category or for an extension of stay before the date on which the alien's authorized period of stay as a nonimmigrant expired; the alien has not been employed without authorization in the United States, before or during pendency of the application referred to in subclause (II); the alien has not otherwise violated the terms of the alien's nonimmigrant status; and the Secretary, in the Secretary's sole and unreviewable discretion, determines that the alien is not a threat to national security or public safety. An alien described in clause
(ii)who remains in the United States more than 30 days after the date on which the period of stay authorized by the Secretary ends, without good cause, shall be detained and the Secretary shall expeditiously remove the alien from the United States not later than 90 days after the date on which the alien is detained. Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, any other habeas corpus provision, or sections 1361 and 1651 of such title, no court shall have jurisdiction to review any cause or claim, arising from, or relating to, the detention and expedited removal of an alien pursuant to clause (iv). . Section 217(b) of the Immigration and Nationality Act ( 8 U.S.C. 1187(b) ) is amended to read as follows: An alien may not be provided a waiver under the program unless the alien has— signed, under penalty of perjury, an acknowledgment confirming that the alien was notified and understands that he or she will be— ineligible for any form of relief or immigration benefit under the Act or any other immigration laws, including sections 240A(b)(1), 240B(b), 245, 248, and 249 (other than a request for asylum), relief as a victim of trafficking under section 101(a)(15)(T), relief as a victim of criminal activity under 101(A)(15)(U), relief under the Violence Against Women Act of 1994 ( 42 U.S.C. 13701 et seq.) as a spouse or child who has been battered or subjected to extreme cruelty, relief as a battered spouse or child under section 240A(b)(2), withholding of removal under section 241(b)(3), or protection from removal based on a claim under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984; and subject to detention and expedited removal from the United States, if the alien fails to depart from the United States at the end of the 90-day period for admission; waived any right to review or appeal under this Act of an immigration officer’s determination as to the admissibility of the alien at the port of entry into the United States; and waived any right to contest any action for removal of the alien. . Section 217(c)(2)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(E) ) is amended to read as follows: Any alien who fails to depart from the United States at the end of the 90-day period for admission shall be detained pending removal. . Section 221(a) of the Immigration and Nationality Act ( 8 U.S.C. 1201(a) ) is amended by adding at the end the following: The Secretary of State shall ensure that every application for a nonimmigrant visa includes an acknowledgment, executed by the alien under penalty of perjury, confirming that the alien— has been notified of the terms and conditions of the nonimmigrant visa, including the waiver of rights under subsection (j); and understands that he or she will be ineligible for all immigration benefits and any form of relief or protection from removal, including relief under sections 240A(b)(1), 240B(b), 245, 248, and 249, other than a request for asylum, relief as a victim of trafficking under section 101(a)(15)(T), relief as a victim of criminal activity under 101(A)(15)(U), relief under the Violence Against Women Act of 1994 ( 42 U.S.C. 13701 et seq.) as a spouse or child who has been battered or subjected to extreme cruelty, relief as a battered spouse or child under section 240A(b)(2), withholding of removal under section 241(b)(3), or protection from removal based on a claim under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984, and from contesting removal if the alien violates any term or condition of his or her nonimmigrant visa or fails to depart the United States not later than 30 days after the end of the alien’s authorized period of stay. . Section 221 of the Immigration and Nationality Act ( 8 U.S.C. 1201 ) is amended by adding at the end the following: The Secretary of State may not issue a nonimmigrant visa under section 214 to an alien (other than an alien who qualifies for a visa under subparagraph
(A)or
(G)of section 101(a)(15), who is eligible for relief under the Violence Against Women Act of 1994 ( 42 U.S.C. 13701 et seq.) as a spouse or child who has been battered or subjected to extreme cruelty, or qualifies for a visa as a NATO–1, 2, 3, 4, 5, or 6 nonimmigrant) until the alien has waived any right to relief under sections 240A(b)(1), 240B(b), 245, 248, and 249 (other than relief from removal under section 241(b)(3) or protection from removal based on a claim under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984), any form of relief established after the date on which the nonimmigrant visa is issued, and from contesting removal if the alien— violates a term or condition of his or her nonimmigrant status; or fails to depart the United States not later than the date that is 30 days after the last day of the alien’s authorized period of stay (as described in section 214(a)(1)). . Section 235(a) of the Immigration and Nationality Act ( 8 U.S.C. 1225(a) ) is amended by adding at the end the following: Any alien who an examining immigration officer has determined to be admissible as a nonimmigrant, except for aliens who are admissible under subparagraph (A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of section 101(a)(15), or who such officer has determined to be eligible for parole— shall be admitted or paroled, as appropriate, into the United States for a specific period; and shall be issued documentation stating the end date of the alien’s period of stay in the United States. . This section and the amendments made by this section shall— take effect on the date of enactment of this Act; and apply only to new visas, initial admissions of nonimmigrants, and initial requests for change of status from a nonimmigrant category to another nonimmigrant category under section 248 of the Immigration and Nationality Act ( 8 U.S.C. 1258 ). An individual previously admitted to the United States on a nonimmigrant visa who is present in the United States before the date of the enactment of this Act shall not be subject to this section or to the amendments made by this section until the alien departs from the United States or requests a change of nonimmigrant classification under section 248 of the Immigration and Nationality Act ( 8 U.S.C. 1258 ).
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Sec. 17
Deterring visa overstays
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