H.R. 696 — End Unaccountable Amnesty Act

This section revises the authority for designating, extending, and terminating Temporary Protected Status (TPS) under INA §244(b)—a program that temporarily protects eligible nationals of designated foreign states from removal and provides work authorization when conditions such as armed conflict or disaster prevent safe return—by requiring an Act of Congress containing specified findings for (1) initial designations limited to 12 months (previously up to 18 months by the Secretary of Homeland Security), including estimates of affected nationals and their U.S. immigration status; (2) extensions limited to 12 months (previously 6-18 months) if conditions continue; and (3) early terminations if conditions cease (with automatic termination otherwise at period's end). It further amends INA §244(c)(2)(B) to expand exceptions to the continuous U.S. residence requirement for TPS eligibility by adding aliens who lack lawful immigration status. The section makes conforming amendments to termination references and updates statutory references from "Attorney General" to "Secretary of Homeland Security."

This section revises repatriation procedures for all unaccompanied alien children (UACs)—previously limited in part to nationals of contiguous countries—under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); applies these changes to UACs apprehended 30 days after enactment; tightens eligibility for special immigrant juvenile status (SIJS); and preserves certain screening procedures via rule of construction. Specifically, the amendments to §235(a)-(c) (1) require Department of Homeland Security (DHS) to repatriate expeditiously any UAC if return is safe and in the child's interest ("shall return," previously "may return"); (2) for UACs not meeting repatriation criteria under new §235(a)(2)(A), provide a hearing before an immigration judge within 14 days after screening and mandate transfer of custody to HHS within 30 days; (3) for UACs meeting those criteria, authorize (but not require) custody transfer to HHS; (4) require HHS, before sponsor placement, to provide DHS with the sponsor's name, Social Security number, date of birth, residence, immigration status (if known), and contact information, after which DHS must initiate removal proceedings within 30 days if the sponsor is unlawfully present and not already in proceedings; and (5) change UACs' right from having government-provided counsel to having access to counsel "at no expense to the Government." The amendments to INA §101(a)(27)(J) (8 U.S.C. 1101(a)(27)(J)) eliminate SIJS eligibility based on reunification with one or both parents being not viable due to abuse, neglect, or abandonment; instead, bar SIJS if reunification with any one parent or legal guardian is not precluded by such causes under state law. (Thus, both parents' reunification must be precluded.) The rule of construction clarifies that the amendments do not limit UAC credible fear screenings, trafficking victim screenings, or HHS home study policies (in effect on enactment date) for children under 12 years old.

This section repeals the cancellation of removal and adjustment of status authority for certain permanent residents and nonpermanent residents (previously codified at 8 U.S.C. 1229b). (As background, the permanent resident provision allowed cancellation for aliens with at least five years as lawful permanent residents, seven years of continuous U.S. residence after admission in any status, and no aggravated felony convictions; the nonpermanent resident provision allowed cancellation and adjustment to permanent resident status for aliens with 10 years of continuous physical presence, good moral character, no specified convictions, and proof of exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child—plus a special rule for battered spouses or children.) It also makes conforming amendments to the Immigration and Nationality Act by striking references to these provisions.

This section prohibits the Transportation Security Administration (TSA) from accepting prohibited identification documents at airport security checkpoints and prohibits air carriers or foreign air carriers from operating aircraft in foreign air transportation or landing at U.S. airports if they allow passengers to board using such documents. It defines prohibited identification documents as (1) the U.S. Customs and Border Protection (CBP) One Mobile App, (2) a Notice to Appear issued by the Department of Homeland Security (DHS), or (3) a Notice to Report issued by DHS. The section adds new section 40131 to chapter 401 of title 49, U.S. Code, and makes a conforming amendment to the chapter analysis.

This section revises the parole authority of the Secretary of Homeland Security by replacing INA §212(d)(5) in its entirety to limit parole grants to a case-by-case basis (not for entire classes of aliens), prohibit use for any purpose other than those specified, and generally bar parolees from employment (except under specified exceptions). (1) Retains parole discretion for aliens outside the United States who are not inadmissible for urgent humanitarian reasons (narrowly defined to include medical emergencies untreatable abroad or lacking time for visa processing; parents/guardians of minor children in such situations; organ/tissue donors lacking time for visa processing; close family members facing imminent U.S. death, funerals, or urgent adopted child medical needs lacking time for visa processing; or returning adjustment-of-status applicants) or significant public benefit (limited to aliens assisting U.S. law enforcement, whose presence is government-required, and lacking time or eligibility for normal visa processing). (2) Authorizes parole for undocumented spouses/children of active-duty Armed Forces members who have approved family-based petitions and are not inadmissible or removable. (3) Authorizes parole for Cuban nationals in Cuba with approved family-based petitions, unavailable immigrant visas despite eligibility and non-inadmissibility, in furtherance of U.S.-Cuba migration agreements. (4) Authorizes same-day parole for aliens returned to contiguous territory under INA §235(b)(2)(C) solely to attend their scheduled immigration hearing (not counting against inadmissibility).