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Corker Amendment to Gang of 8 Immigration Bill Section 3214 Discretion of Secretary

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Corker Amendment to Gang of 8 Immigration Bill Section 3214 Discretion of Secretary Powered By Docstoc
					EAS13979                                                     S.L.C.

                               301
 1   SEC. 2314. DISCRETIONARY AUTHORITY WITH RESPECT TO

 2                REMOVAL,      DEPORTATION,      OR    INADMIS-

 3                SIBILITY OF CITIZEN AND RESIDENT IMME-

 4                DIATE FAMILY MEMBERS.

 5         (a) APPLICATIONS   FOR    RELIEF FROM REMOVAL.—
 6 Section 240(c)(4) (8 U.S.C. 1229a(c)(4)) is amended by
 7 adding at the end the following:
 8                  ‘‘(D) JUDICIAL    DISCRETION.—In     the case
 9             of an alien subject to removal, deportation, or
10             inadmissibility, the immigration judge may ex-
11             ercise discretion to decline to order the alien re-
12             movable, deportable, or inadmissible from the
13             United States and terminate proceedings if the
14             judge determines that such removal, deporta-
15             tion, or inadmissibility is against the public in-
16             terest or would result in hardship to the alien’s
17             United States citizen or lawful permanent resi-
18             dent parent, spouse, or child, or the judge de-
19             termines the alien is prima facie eligible for
20             naturalization except that this subparagraph
21             shall not apply to an alien whom the judge de-
22             termines—
23                       ‘‘(i) is inadmissible or deportable
24                  under—
EAS13979                                                      S.L.C.

                              302
 1                           ‘‘(I)    subparagraph   (B),      (C),
 2                     (D)(ii), (E), (H), (I), or (J) of section
 3                     212(a)(2);
 4                           ‘‘(II) section 212(a)(3);
 5                           ‘‘(III) subparagraph (A), (C), or
 6                     (D) of section 212(a)(10); or
 7                           ‘‘(IV)     paragraph        (2)(A)(ii),
 8                     (2)(A)(v), (2)(F), (4), or (6) of sec-
 9                     tion 237(a); or
10                     ‘‘(ii) has—
11                           ‘‘(I) engaged in conduct de-
12                     scribed in paragraph (8) or (9) of sec-
13                     tion 103 of the Trafficking Victims
14                     Protection Act of 2000 (22 U.S.C.
15                     7102); or
16                           ‘‘(II) a felony conviction de-
17                     scribed in section 101(a)(43) that
18                     would have been classified as an ag-
19                     gravated felony at the time of convic-
20                     tion.’’.
21         (b) SECRETARY’S DISCRETION.—Section 212 (8
22 U.S.C. 1182), as amended by section 2313(d), is further
23 amended by adding at the end the following:
24         ‘‘(w) SECRETARY’S DISCRETION.—In the case of an
25 alien who is inadmissible under this section or deportable
EAS13979                                                   S.L.C.

                                303
 1 under section 237, the Secretary of Homeland Security
 2 may exercise discretion to waive a ground of inadmis-
 3 sibility or deportability if the Secretary determines that
 4 such removal or refusal of admission is against the public
 5 interest or would result in hardship to the alien’s United
 6 States citizen or permanent resident parent, spouse, or
 7 child. This subsection shall not apply to an alien whom
 8 the Secretary determines—
 9           ‘‘(1) is inadmissible or deportable under—
10                ‘‘(A) subparagraph (B), (C), (D)(ii), (E),
11           (H), (I), or (J) of subsection (a)(2);
12                ‘‘(B) subsection (a)(3);
13                ‘‘(C) subparagraph (A), (C), or (D) of sub-
14           section (a)(10);
15                ‘‘(D)   paragraphs    (2)(A)(ii),   (2)(A)(v),
16           (2)(F), or (6) of section 237(a); or
17                ‘‘(E) section 240(c)(4)(D)(ii)(II); or
18           ‘‘(2) has—
19                ‘‘(A) engaged in conduct described in para-
20           graph (8) or (9) of section 103 of the Traf-
21           ficking Victims Protection Act of 2000 (22
22           U.S.C. 7102); or
23                ‘‘(B) a felony conviction described in sec-
24           tion 101(a)(43) that would have been classified
EAS13979                                                       S.L.C.

                               304
 1            as an aggravated felony at the time of convic-
 2            tion.’’.
 3         (c) REINSTATEMENT      OF   REMOVAL ORDERS.—Sec-
 4 tion 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended by strik-
 5 ing the period at the end and inserting ‘‘, unless the alien
 6 reentered prior to attaining the age of 18 years, or rein-
 7 statement of the prior order of removal would not be in
 8 the public interest or would result in hardship to the
 9 alien’s United States citizen or permanent resident parent,
10 spouse, or child.’’.
11   SEC. 2315. WAIVERS OF INADMISSIBILITY.

12         (a) ALIENS WHO ENTERED        AS   CHILDREN.—Section
13 212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(iii)) is amended
14 by adding at the end the following:
15                             ‘‘(VI) ALIENS    WHO ENTERED AS

16                        CHILDREN.—Clause       (i) shall not apply
17                        to an alien who is the beneficiary of
18                        an     approved        petition     under
19                        101(a)(15)(H) and who has earned a
20                        baccalaureate or higher degree from a
21                        United States institution of higher
22                        education    (as    defined   in   section
23                        101(a) of the Higher Education Act
24                        of 1965 (20 U.S.C. 1001(a)), and had
25                        not yet reached the age of 16 years at

				
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