S. 225 — End Unaccountable Amnesty Act

This section revises the Temporary Protected Status (TPS) program (i.e., temporary protection from removal and work authorization for eligible nationals of designated foreign states facing armed conflict, environmental disasters, or other extraordinary conditions that prevent safe return) by requiring an initial designation, extension, or early termination of a foreign state to occur upon enactment of an Act of Congress—rather than by executive action—with each initial designation or extension limited to not greater than 12 months and requiring specified findings on conditions, estimated eligible population, and immigration statuses. (Thus, TPS for any state lasts at most 12 months unless Congress enacts an extension Act.) The section further renders aliens lacking lawful immigration status ineligible for TPS and makes conforming amendments and technical corrections, including replacing "Attorney General" with "Secretary of Homeland Security" throughout.

This section revises repatriation, custody transfer, sponsor vetting, and related procedures for unaccompanied alien children (UACs) under Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232), effective for UACs apprehended 30 days after enactment. (1) Expands expedited repatriation rules in subsection (a)(2) to all UACs by striking the prior limitation to nationals or habitual residents of contiguous countries; permits DHS to allow withdrawal of an asylum application or to return a UAC if the UAC is ineligible for asylum or similar protection and repatriation is safe and in the child's best interest (previously limited to contiguous-country UACs). (2) Requires transfer of a UAC who does not meet subsection (a)(2)(A) repatriation criteria from DHS to HHS within 30 days of such determination (previously generally within 48 hours, subject to exceptions); permits (but does not require) transfer of a UAC who meets those criteria. (3) Requires an immigration judge hearing within 14 days after screening for UACs not subject to expedited repatriation under subsection (a)(5)(D). (4) Directs HHS, before sponsor placement, to provide DHS with the sponsor's name, Social Security number, date of birth, residence, known immigration status, and contact information; requires DHS, within 30 days, to initiate removal proceedings against unlawfully present sponsors not already in such proceedings. (5) Changes references to counsel for UACs from "have counsel" to "have access to counsel" at no government expense. This section also tightens eligibility for special immigrant juvenile status under INA Section 101(a)(27)(J) (8 U.S.C. 1101(a)(27)(J)) by prohibiting such status if reunification with any one parent or legal guardian is not precluded by abuse, neglect, abandonment, or similar basis under state law (previously required only that reunification with one or both parents was not viable due to such basis). A rule of construction clarifies that the amendments do not limit UAC screening for credible fear, trafficking victimization, or HHS home study policies for children under age 12.

This section repeals the cancellation of removal provisions applicable to certain permanent residents and nonpermanent residents (8 U.S.C. 1229b). As background, these provisions authorized the Attorney General to terminate removal proceedings—and, for nonpermanent residents, adjust status to lawful permanent resident—for qualifying aliens who met physical presence or residency requirements (not less than 5 years as a permanent resident or 10 years for nonpermanent residents), demonstrated good moral character, lacked certain criminal convictions, and—in the case of nonpermanent residents—showed exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child (with a special rule easing requirements for battered spouses or children). It also makes conforming amendments throughout the Immigration and Nationality Act to eliminate cross-references to the repealed provisions. (Thus, no aliens may receive cancellation of removal or related adjustment of status under these authorities.)

This section prohibits the Transportation Security Administration (TSA) from accepting prohibited identification documents as valid proof of identification 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 use of such documents to board. (Thus, individuals possessing only these documents—typically noncitizens in removal proceedings or under certain immigration parole—may be unable to board commercial flights.) It defines prohibited identification documents as (1) the CBP One mobile application, (2) a notice to appear issued by the Department of Homeland Security under Immigration and Nationality Act §239(a) (8 U.S.C. 1229(a)), and (3) DHS Form I-385 (Notice to Report); and adds these restrictions as new §40133 to 49 U.S.C. chapter 401 (with a conforming amendment to the chapter analysis).

This section revises the parole authority in INA §212(d)(5) to limit the Secretary of Homeland Security's discretion to grant temporary parole into the United States. The revision requires all parole decisions to be made strictly on a case-by-case basis (not for defined classes of aliens); restricts general parole under new subparagraph (A) to narrowly defined urgent humanitarian reasons (e.g., medical emergencies requiring U.S. treatment, organ donation, imminent family death or funeral attendance, or certain adoption or adjustment cases where normal visa processing is impossible) or significant public benefit (limited to aliens assisting U.S. law enforcement); and authorizes additional parole in four exceptions—(B) for spouses or children of active-duty Armed Forces members who are beneficiaries of approved employment-based immigrant petitions; (C) for certain Cuban nationals under U.S.-Cuba migration agreements; and (D) briefly for aliens returned to contiguous territory under INA §235(b)(2)(C) to attend a same-day immigration hearing. Parole under these provisions (except law enforcement cases) is prohibited for any other purpose, parole is not an admission of the alien, and parolees generally may not accept employment (except under subparagraphs (B) or (C)). (Thus, the revision curtails broad programmatic uses of parole previously employed for groups such as certain Afghan or Ukrainian evacuees.)