Category: Terrorists

  • New Way Forward Act

    Shown Here:
    Introduced in House (12/10/2019)
    [Congressional Bills 116th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 5383 Introduced in House (IH)]
    
    <DOC>
    
    
    
    
    
    
    116th CONGRESS
      1st Session
                                    H. R. 5383
    
    To reform the process for enforcing the immigration laws of the United 
                        States, and for other purposes.
    
    
    _______________________________________________________________________
    
    
                        IN THE HOUSE OF REPRESENTATIVES
    
                               December 10, 2019
    
        Mr. Garcia of Illinois (for himself, Ms. Jayapal, Ms. Bass, Ms. 
      Pressley, Mr. Grijalva, Ms. Velazquez, Ms. Haaland, Ms. Tlaib, Ms. 
       Escobar, Ms. Omar, Ms. Garcia of Texas, Mr. Espaillat, Ms. Ocasio-
    Cortez, Ms. Judy Chu of California, Mr. Danny K. Davis of Illinois, Ms. 
    Lee of California, Mr. Rush, Mr. Blumenauer, Mr. Takano, Ms. Barragan, 
    Mr. McGovern, Ms. Meng, Mrs. Napolitano, Ms. Schakowsky, Ms. Wilson of 
     Florida, Mr. Serrano, Ms. Clarke of New York, Ms. Norton, Mrs. Watson 
     Coleman, Mr. Vargas, Mr. Cardenas, Mr. Brown of Maryland, Mr. Johnson 
     of Georgia, Mr. Correa, and Mr. Meeks) introduced the following bill; 
              which was referred to the Committee on the Judiciary
    
    _______________________________________________________________________
    
                                     A BILL
    
    
     
    To reform the process for enforcing the immigration laws of the United 
                        States, and for other purposes.
    
        Be it enacted by the Senate and House of Representatives of the 
    United States of America in Congress assembled,
    
    SECTION 1. SHORT TITLE.
    
        This Act may be cited as the ``New Way Forward Act''.
    
     TITLE I--END MANDATORY DETENTION AND REQUIRE PROBABLE CAUSE FOR ARREST
    
    SEC. 101. PHASE-OUT OF PRIVATE FOR-PROFIT DETENTION FACILITIES AND USE 
                  OF JAILS.
    
        (a) Secure Detention Facilities.--Beginning on the date of the 
    enactment of this Act, the Secretary of Homeland Security may not enter 
    into, or extend, any contract with any public or private for-profit 
    entity that owns or operates a detention facility for use of that 
    facility to detain aliens in the custody of the Department of Homeland 
    Security, and shall terminate any such contract not later than the date 
    that is 3 years after the date of the enactment of this Act. Beginning 
    on the date that is 3 years after the date of the enactment of this 
    Act, any facility at which aliens in the custody of the Department of 
    Homeland Security are detained shall be owned and operated by the 
    Department of Homeland Security.
        (b) Non-Secure Detention Programs.--Beginning on the date of the 
    enactment of this Act, the Secretary of Homeland Security may not enter 
    into, or extend, any contract with any public or private for-profit 
    entity that owns or operates a program or facility that provides for 
    non-residential detention-related activities for aliens who are subject 
    to monitoring by the Department of Homeland Security, and shall 
    terminate any such contact not later than the date that is 3 years 
    after the date of the enactment of this Act. Beginning on the date that 
    is 3 years after the date of the enactment of this Act, any such 
    program or facility shall be owned and operated by a nonprofit 
    organization or by the Department of Homeland Security.
        (c) Publication of Plan.--Not later than 60 days after the date of 
    the enactment of this Act, the Secretary shall develop, and make 
    publicly available, a plan and timeline for the implementation of this 
    section.
    
    SEC. 102. PROCEDURES FOR DETAINING ALIENS.
    
        (a) Custody and Bond Determinations.--Section 236 of the 
    Immigration and Nationality Act (8 U.S.C. 1226) is amended--
                (1) by striking subsections (a) through (c) and inserting 
            the following:
        ``(a) Arrest, Detention, and Release.--
                ``(1) In general.--On a warrant issued by an immigration 
            judge, or pursuant to section 287(a)(2), the Secretary of 
            Homeland Security may arrest an alien and, in accordance with 
            this section, may, pending a decision on whether the alien is 
            to be removed from the United States--
                        ``(A) detain the alien; or
                        ``(B) release the alien--
                                ``(i) on bond;
                                ``(ii) subject to conditions; or
                                ``(iii) on the alien's own recognizance.
                ``(2) Exception.--This section shall not apply to an 
            unaccompanied alien child (as defined in section 462(g)(2) of 
            the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))). Such 
            an alien shall be transferred to the custody of the Secretary 
            of Health and Human Services pursuant to section 235(b)(3) of 
            the William Wilberforce Trafficking Victims Protection 
            Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)).
        ``(b) Custody and Bond Determinations.--
                ``(1) Initial determination.--Not later than 48 hours after 
            taking an alien into custody, the Secretary of Homeland 
            Security shall make an initial custody determination with 
            regard to that alien, and provide that determination in writing 
            to the alien. If the Secretary determines that the release 
            without conditions of an alien will not reasonably assure the 
            appearance of the alien as required or will endanger the safety 
            of any other person or the community, the custody determination 
            under this paragraph will impose the least restrictive 
            conditions, as described in paragraph (4).
                ``(2) Timing.--If an alien seeks to challenge the initial 
            custody determination under paragraph (1), the alien shall be 
            provided with the opportunity for a hearing before an 
            immigration judge to determine whether the alien should be 
            detained, which hearing shall occur not later than 72 hours 
            after the initial custody determination, except that an 
            immigration judge may grant a reasonable continuance upon the 
            alien's request for additional time to prepare for the hearing.
                ``(3) Presumption of release.--In a hearing under this 
            subsection, there shall be a rebuttable presumption that the 
            alien should be released. The Government shall have the duty of 
            rebutting this presumption by clear and convincing evidence 
            based on credible and individualized information that 
            establishes that the use of alternatives to detention will not 
            reasonably assure the appearance of the alien at removal 
            proceedings, or that the alien is a threat to another person or 
            the community. The fact that an alien has a prior conviction or 
            a criminal charge pending against the alien may not be the sole 
            factor to justify the continued detention of the alien.
                ``(4) Least restrictive conditions required.--If an 
            immigration judge determines pursuant to a hearing under this 
            section that the release without conditions of an alien will 
            not reasonably assure the appearance of the alien as required 
            or will endanger the safety of any other person or the 
            community, the immigration judge shall order the least 
            restrictive conditions, or combination of conditions, that the 
            judge determines will reasonably assure the appearance of the 
            alien as required and the safety of any other person and the 
            community, which may include secured or unsecured release on 
            bond, or participation in a program described in subsection 
            (i). Any conditions assigned to an alien pursuant to this 
            paragraph shall be reviewed by the immigration judge on a 
            monthly basis.
                ``(5) Bond determination.--In the case that an immigration 
            judge makes a determination to release an alien on bond under 
            subsection (a)(1)(B)(i), the immigration judge shall consider, 
            for purposes of setting the amount of the bond, the alien's 
            financial resources and ability to pay the bond without 
            imposing financial hardship on the alien.
                ``(6) Special rule for vulnerable persons and primary 
            caregivers.--In a case in which an alien who is the subject of 
            a custody determination under this subsection is a vulnerable 
            person or a primary caregiver, the alien may not be detained 
            unless the Government shows, in addition to the requirements 
            under paragraph (3), that it is unreasonable or not practicable 
            to place the individual in a community-based supervision 
            program.
                ``(7) Definition.--In this subsection, the term `vulnerable 
            person' means an individual who--
                        ``(A) is under 21 years of age or over 60 years of 
                    age;
                        ``(B) is pregnant;
                        ``(C) identifies as lesbian, gay, bisexual, 
                    transgender, or intersex;
                        ``(D) is victim or witness of a crime;
                        ``(E) has filed a nonfrivolous civil rights claim 
                    in Federal or State court;
                        ``(F) has a serious mental or physical illness or 
                    disability;
                        ``(G) has been determined by an asylum officer in 
                    an interview conducted under section 235(b)(1)(B) to 
                    have a credible fear of persecution or a reasonable 
                    fear of persecution under section 208.31 or 241.8(e) of 
                    title 8, Code of Federal Regulations (as in effect on 
                    the date of the enactment of the New Way Forward Act);
                        ``(H) has limited English language proficiency and 
                    is not provided access to appropriate and meaningful 
                    language services in a timely fashion; or
                        ``(I) has been determined by an immigration judge 
                    or the Secretary of Homeland Security to be 
                    experiencing severe trauma or to be a survivor of 
                    torture or gender-based violence, based on information 
                    obtained during intake, from the alien's attorney or 
                    legal service provider, or through credible self-
                    reporting.
        ``(c) Subsequent Determinations.--An alien who is detained under 
    this section shall be provided with a de novo custody determination 
    hearing under this subsection every 60 days, as well as upon showing of 
    a change in circumstances or good cause for a de novo custody 
    determination hearing.''; and
                (2) by striking subsection (e) and inserting the following:
        ``(e) Release Upon an Order Granting Relief From Removal.--In the 
    case of an alien with respect to whom an immigration judge has entered 
    an order terminating removal proceedings or an order providing for 
    relief from removal, including an order granting asylum, or providing 
    for withholding, deferral, or cancellation of removal, which order is 
    pending appeal, the Secretary of Homeland Security shall immediately 
    release the alien upon entry of the order, and may impose only 
    reasonable conditions on the alien's release from custody.
        ``(f) Alternatives to Detention.--
                ``(1) In general.--The Secretary of Homeland Security shall 
            establish programs that provide alternatives to detaining 
            aliens, which shall offer a continuum of supervision mechanisms 
            and options, including community-based supervision programs and 
            community support. The Secretary may contract with 
            nongovernmental community-based organizations to provide 
            programs, which may include case management services, 
            appearance assistance services, and screenings of aliens who 
            have been detained.
                ``(2) Individualized determination required.--In 
            determining whether to order an alien to participate in a 
            program under this subsection, the Secretary, or the 
            immigration judge, as appropriate shall make an individualized 
            determination to determine the appropriate level of supervision 
            for the alien. Participation in a program under this subsection 
            may not be ordered for an alien for whom it is determined that 
            release on reasonable bond or recognizance will reasonably 
            assure the appearance of the alien as required and the safety 
            of any other person and the community.''.
        (b) Probable Cause Hearing.--Section 287(a) of the Immigration and 
    Nationality Act (8 U.S.C. 1357(a)) is amended by striking the matter 
    preceding paragraph (3) and inserting the following:
        ``(a) Any officer or employee of the Department of Homeland 
    Security authorized under regulations prescribed by the Secretary of 
    Homeland Security shall have power without warrant--
                ``(1) to interrogate any alien or person believed to be an 
            alien as to the person's right to be or to remain in the United 
            States, provided that such interrogation is not based on the 
            person's race, ethnicity, national origin, religion, sexual 
            orientation, color, spoken language, or English language 
            proficiency; and
                ``(2) to arrest any alien who in the officer or employee's 
            presence or view is entering or attempting to enter the United 
            States in violation of any law or regulation made in pursuance 
            of law regulating the admission, exclusion, expulsion, or 
            removal of aliens, or to arrest any alien in the United States, 
            if--
                        ``(A) the officer or employee has probable cause to 
                    believe that the alien so arrested is in the United 
                    States in violation of any such law or regulation and 
                    is likely to escape before a warrant can be obtained 
                    for his arrest;
                        ``(B) the officer or employee has reason to believe 
                    that the person would knowingly and willfully fail to 
                    appear in immigration court in response to a properly 
                    served notice to appear; and
                        ``(C) not later than 48 hours after being taken 
                    into custody, the arrested alien is provided with a 
                    hearing before an immigration judge to determine 
                    whether there is probable cause as required by this 
                    section, including probable cause to believe that the 
                    person would have knowingly and willfully failed to 
                    appear as required under subparagraph (B), which burden 
                    to establish probable cause shall be on the 
                    Government.''.
        (c) Mandatory Detention Repealed.--The Immigration and Nationality 
    Act (8 U.S.C. 1101 et seq.) is amended--
                (1) in section 235(b)(1)(B)(ii)--
                        (A) by striking ``shall'' and inserting ``may''; 
                    and
                        (B) by inserting before the period at the end the 
                    following: ``pursuant to the custody review procedures 
                    set forth in section 236'';
                (2) by striking section 235(b)(1)(B)(iii)(IV);
                (3) in section 235(b)(2)(A)--
                        (A) by striking ``shall'' and inserting ``may''; 
                    and
                        (B) by inserting before the period at the end the 
                    following: ``pursuant to the custody review procedures 
                    set forth in section 236'';
                (4) by striking section 236A;
                (5) in section 238(a)(2), by striking ``pursuant to section 
            236(c)''; and
                (6) in section 506(a)(2)--
                        (A) by striking the paragraph heading and inserting 
                    the following: ``Release hearing for aliens detained''; 
                    and
                        (B) in subparagraph (A)--
                                (i) in the matter preceding clause (i), by 
                            striking ``lawfully admitted for permanent 
                            residence'';
                                (ii) by striking clause (i); and
                                (iii) by redesignating clauses (ii) and 
                            (iii) as clauses (i) and (ii), respectively.
        (d) Aliens Ordered Removed.--Section 241(a) of the Immigration and 
    Nationality Act (8 U.S.C. 1231(a)) is amended--
                (1) in paragraph (1), by striking ``90 days'' each place it 
            appears and inserting ``60 days'';
                (2) by striking paragraph (2) and inserting the following:
                ``(2) Initial custody redetermination hearing.--
                        ``(A) In general.--Not later than 72 hours after 
                    the entry of a final administrative order of removal, 
                    the alien ordered removed shall be provided with a 
                    custody redetermination hearing before an immigration 
                    judge.
                        ``(B) Presumption of detention.--For purposes of 
                    the hearing under subparagraph (A), the alien shall be 
                    detained during the removal period unless the alien can 
                    show, by a preponderance of the evidence, that the 
                    alien's removal is not reasonably foreseeable and that 
                    the alien does not pose a risk to the safety of any 
                    individual or to the community.'';
                (3) in paragraph (3)--
                        (A) in the paragraph heading, by striking ``90-
                    day'' and inserting ``60-day''; and
                        (B) in the matter preceding subparagraph (A), by 
                    striking ``the alien, pending removal, shall be subject 
                    to supervision under'' and inserting the following: 
                    ``except as provided in paragraph (7), any alien who 
                    has been detained during the removal period shall be 
                    released from custody, pending removal, subject to 
                    individualized supervision requirements in accordance 
                    with'';
                (4) by striking paragraph (6); and
                (5) by striking paragraph (7) and inserting the following:
                ``(7) Subsequent custody redetermination hearings.--
                        ``(A) In general.--The Government may request a 
                    subsequent redetermination hearing before an 
                    immigration judge seeking continued detention for an 
                    alien ordered to be detained pursuant to paragraph (2) 
                    who has not been removed within the removal period.
                        ``(B) Standard.--An alien may only be detained 
                    after the removal period upon a showing by the 
                    Government that--
                                ``(i) the alien's removal is reasonably 
                            foreseeable; and
                                ``(ii) the alien poses a risk to the safety 
                            of an individual or the community, which may 
                            only be established based on credible and 
                            individualized information that establishes 
                            objective risk factors, and may not be 
                            established based only on the fact that the 
                            alien has been charged with or is suspected of 
                            a crime.
                        ``(C) Period of detention.--An alien may not be 
                    detained pursuant to an order under this paragraph for 
                    longer than a 60-day period. The Government may seek 
                    subsequent redetermination hearings under this 
                    paragraph in order to continue detaining an alien 
                    beyond each such 60-day period.''.
    
                        TITLE II--STATUTE OF LIMITATIONS
    
    SEC. 201. TIME FOR COMMENCING REMOVAL PROCEEDINGS.
    
        Section 239(d) of the Immigration and Nationality Act (8 U.S.C. 
    1229(d)) is amended by adding at the end the following:
        ``(3)(A) Notwithstanding paragraph (2), any removal proceeding 
    against an alien previously admitted to the United States for being 
    within a class of deportable aliens described in section 237(a)(2), or 
    within a class of inadmissible aliens described in section 212(a)(2), 
    shall not be entertained unless commenced not later than the date that 
    is five years after the date on which the alien became deportable or 
    inadmissible.
        ``(B) This paragraph shall apply to any removal proceeding 
    resulting in an order of removal before the date of the enactment of 
    the New Way Forward Act as if in effect on the date on which the 
    removal proceeding was commenced.''.
    
              TITLE III--LIMIT CRIMINAL-SYSTEM-TO-REMOVAL PIPELINE
    
    SEC. 301. CRIMINAL OFFENSES AND IMMIGRATION LAWS.
    
        (a) Inadmissibility Based on Criminal and Related Grounds.--Section 
    212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) 
    is amended--
                (1) by striking subparagraph (A); and
                (2) by redesignating subparagraphs (B) through (I) as 
            subparagraphs (A) through (H), respectively.
        (b) Deportability Based on Criminal Offenses.--Section 237(a)(2) of 
    the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended--
                (1) in subparagraph (A)--
                        (A) by striking clauses (i) and (ii);
                        (B) by redesignating clauses (iii) through (vi) as 
                    clauses (i) through (iv), respectively; and
                        (C) in clause (iv), as so redesignated, by striking 
                    ``Clauses (i), (ii), and (iii)'' and inserting 
                    ``Clauses (i) and (ii)'';
                (2) by striking subparagraph (B); and
                (3) by redesignating subparagraphs (C) through (F) as 
            subparagraphs (B) through (E), respectively.
    
    SEC. 302. DEFINITIONS.
    
        (a) Aggravated Felony.--Section 101(a)(43) of the Immigration and 
    Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
                (1) in the matter preceding subparagraph (A), by striking 
            ``means--'' and inserting ``means a felony, for which a term of 
            imprisonment of not less than 5 years was imposed, that is--'';
                (2) in subparagraph (F), by striking ``for which the term 
            of imprisonment at least one year'';
                (3) in subparagraph (G), by striking ``for which'' and all 
            that follows through ``year'';
                (4) in subparagraph (J), by striking ``, for which a 
            sentence of one year imprisonment or more may be imposed'';
                (5) in subparagraph (P)--
                        (A) by striking ``(i)''; and
                        (B) by striking ``and (ii) for which the term of 
                    imprisonment imposed (regardless of any suspension of 
                    such imprisonment) is at least 12 months'';
                (6) in subparagraph (R), by striking ``for which the term 
            of imprisonment is at least one year'';
                (7) in subparagraph (S), by striking ``, for which the term 
            of imprisonment is at least one year''; and
                (8) by striking the last sentence.
        (b) Conviction.--Section 101(a)(48) of the Immigration and 
    Nationality Act (8 U.S.C. 1101(a)(48)) is amended--
                (1) in subparagraph (A), by striking ``court'' and all that 
            follows through ``to be imposed.'' and inserting the following: 
            ``court. An adjudication or judgment of guilt that has been 
            dismissed, expunged, sealed, deferred, annulled, invalidated, 
            withheld, or vacated, or where a court has issued a judicial 
            recommendation against removal, or an order of probation 
            without entry of judgment or any similar disposition, shall not 
            be considered a conviction for purposes of this Act. No 
            judgment on appeal or within the time to file direct appeal 
            shall be deemed a `conviction' for the purposes of this Act.''; 
            and
                (2) in subparagraph (B)--
                        (A) by inserting ``only'' after ``deemed to 
                    include''; and
                        (B) by striking ``or confinement'' and all that 
                    follows through the period at the end and inserting 
                    ``ordered by a court of law. Any such reference shall 
                    not be deemed to include any suspension of the 
                    imposition or execution of that imprisonment or 
                    sentence in whole or in part.''.
        (c) Particularly Serious Crime.--Section 208(b)(2)(B)(i) of the 
    Immigration and Nationality Act (8 U.S.C. 1158)(b)(2)(B)(i)) is amended 
    to read as follows:
                                ``(i) Conviction of aggravated felony.--For 
                            purposes of clause (ii) of subparagraph (A), 
                            section 241(b)(3)(B), or any other provision of 
                            this Act, only an alien who has been convicted 
                            of an aggravated felony for which a term of 
                            imprisonment of not less than five years was 
                            imposed shall be considered to have been 
                            convicted of a particularly serious crime.''.
        (d) Applicability.--The amendments made by this section shall apply 
    to--
                (1) admissions and conduct occurring before, on, or after 
            the date of the enactment of this Act; and
                (2) convictions and sentences entered before, on, or after 
            the date of the enactment of this Act.
    
       TITLE IV--RESTORE JUDICIAL DISCRETION AND END REMOVAL WITHOUT DUE 
                                    PROCESS
    
    SEC. 401. IMMIGRATION PROCEDURAL CHANGES.
    
        (a) Decision and Burden of Proof.--Section 240(c)(1)(A) of the 
    Immigration and Nationality Act (8 U.S.C. 1229(c)(1)(A)) is amended by 
    inserting after the period at the end the following: ``Notwithstanding 
    any other provision of law, an immigration judge may grant any relief 
    or deferral from removal, including withholding of removal, to any 
    individual who is otherwise eligible for such relief but for a prior 
    criminal conviction, or the commission of or a finding of the 
    commission of other conduct described in section 212(a)(2), 237(a)(2), 
    or 237(a)(3), if the immigration judge finds such an exercise of 
    discretion appropriate in pursuit of humanitarian purposes, to assure 
    family unity, or when it is otherwise in the public interest.''.
        (b) Removal of Aliens Who Are Not Permanent Residents.--Section 238 
    of the Immigration and Nationality Act (8 U.S.C. 1228) is amended--
                (1) by striking subsection (b); and
                (2) by redesignating the first subsection (c) as subsection 
            (b).
        (c) Reinstatement of Removal Orders Against Aliens Illegally 
    Reentering.--Section 241(a) of the Immigration and Nationality Act (8 
    U.S.C. 1231(a)) is amended--
                (1) by striking paragraph (5); and
                (2) by redesignating paragraphs (6) and (7) as paragraphs 
            (5) and (6), respectively.
        (d) Special Rules Relating to Continuous Residence or Physical 
    Presence.--Section 240A(d) of the Immigration and Nationality Act (8 
    U.S.C.1229b(d)) is amended--
                (1) by striking paragraph (1);
                (2) by redesignating paragraphs (2) and (3) as paragraphs 
            (1) and (2), respectively.
        (e) Judicial Review of Orders of Removal.--Section 242 of the 
    Immigration and Nationality Act (8 U.S.C. 1252) is amended by striking 
    subsection (a)(2)(C).
    
        TITLE V--PROHIBITION AGAINST PERFORMANCE OF IMMIGRATION OFFICER 
              FUNCTIONS BY STATE AND LOCAL OFFICERS AND EMPLOYEES
    
    SEC. 501. LOCAL ENFORCEMENT.
    
        (a) In General.--Section 287(g) of the Immigration and Nationality 
    Act (8 U.S.C.1357(g)) is amended to read as follows:
        ``(g)(1) The officers and employees of any State, or any political 
    subdivision of a State, are prohibited from performing the function of 
    an immigration officer in relation to the investigation, apprehension, 
    transport, or detention of aliens in the United States or otherwise 
    assist in the performance of such functions.
        ``(2) Civil immigration warrants shall not be made available to the 
    officers or employees of any State, or any political subdivision of a 
    State, through the National Crime Information Center database or its 
    incorporated criminal history databases. Federal, State, and local law 
    enforcement officials are prohibited from entering into the National 
    Crime Information Center database or its incorporated criminal history 
    databases information that relates to an alien's immigration status, 
    the existence of a prior removal, deportation, or voluntary departure 
    order entered against an alien, or any allegations of civil violations 
    of the immigration laws. Any information described in this paragraph 
    that is in the National Crime Information Center database shall be 
    removed from such database not later than 90 days after the enactment 
    of the New Way Forward Act.''.
        (b) Prohibiting Coordination for Enforcement of Immigration Laws.--
                (1)  Prohibiting state and local law enforcement arrest and 
            detention of aliens.--Section 439 of the Antiterrorism and 
            Effective Death Penalty Act of 1996 (8 U.S.C. 1252c) is 
            repealed.
                (2) Communication.--Section 434 of the Personal 
            Responsibility and Work Opportunity Reconciliation Act of 1996 
            (8 U.S.C. 1644) is repealed.
        (c) Communication and Enforcement.--Section 642 of the Illegal 
    Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
    1373) is repealed.
    
    SEC. 502. NATIONAL CRIME INFORMATION CENTER.
    
        Section 534(f) of title 28, United States Code, is amended--
                (1) by redesignating paragraph (3) as paragraph (4); and
                (2) by inserting after paragraph (2) the following:
                ``(3) Civil immigration warrants shall not be made 
            available to the officers or employees of any State, or any 
            political subdivision of a State, through the National Crime 
            Information Center database or its incorporated criminal 
            history databases. Federal, State, and local law enforcement 
            officials are prohibited from entering into the National Crime 
            Information Center database or its incorporated criminal 
            history databases information that relates to an alien's 
            immigration status, the existence of a prior removal, 
            deportation, or voluntary departure order entered against an 
            alien, or any allegations of civil violations of the 
            immigration laws. Any information described in this paragraph 
            that is in the National Crime Information Center database shall 
            be removed from such database not later than 90 days after the 
            enactment of the New Way Forward Act.''.
    
                       TITLE VI--DECRIMINALIZE MIGRATION
    
    SEC. 601. REPEALING MIGRATION CRIMINAL LAWS.
    
        (a) Criminal Penalties for Entry at Improper Time or Place.--
    Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is 
    repealed.
        (b) Criminal Penalties for Reentry.--Section 276 of the Immigration 
    and Nationality Act (8 U.S.C. 1326) is repealed.
    
                         TITLE VII--RIGHT TO COME HOME
    
    SEC. 701. RECONSIDERING AND REOPENING IMMIGRATION CASES.
    
        (a) In General.--Notwithstanding any other provision of law, the 
    Attorney General--
                (1) shall grant a motion to reconsider or reopen 
            proceedings pursuant to paragraph (6) or (7) of section 240(c) 
            of the Immigration and Nationality Act (8 U.S.C. 1229a(c)) with 
            respect to any alien who--
                        (A) on or after April 24, 1996--
                                (i) was ordered removed, deported, or 
                            excluded; or
                                (ii) departed the United States pursuant to 
                            a grant of voluntary departure under section 
                            240B of the Immigration and Nationality Act (8 
                            U.S.C. 1229c) (regardless of whether or not the 
                            alien was ordered removed, deported, or 
                            excluded); and
                        (B) demonstrates that the alien--
                                (i) would not have been considered 
                            inadmissible, excludable, or deportable under 
                            the immigration laws (as defined in section 
                            101(a)(17) of the Immigration and Nationality 
                            Act (8 U.S.C. 1101(a)(17))) if this Act, and 
                            the amendments made by this Act, had been in 
                            effect on the date on which such order was 
                            issued or the voluntary departure took place; 
                            or
                                (ii) would have been eligible to apply for 
                            relief from removal, deportation, or exclusion 
                            under such laws if this Act, and the amendments 
                            made by this Act, had been in effect on the 
                            date on which such order was issued or the 
                            voluntary departure took place; and
                (2) shall deem an alien who makes the demonstration under 
            paragraph (1)(B) as not having been removed, deported, 
            excluded, or departed, and as not having failed to depart under 
            a voluntary departure order, for all purposes under the 
            Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
        (b) Previously Filed Application; Previous Motions To Reopen or 
    Reconsider.--The Attorney General may not reject or deny a motion to 
    reconsider or reopen under subsection (a) because--
                (1) the alien did not include a copy of any previously 
            filed application for relief; or
                (2) the alien had previously filed a motion to reopen or 
            reconsider.
        (c) Deadline.--The deadline described in paragraphs (6)(B) and 
    (7)(C)(i) of section 240(c) of the Immigrations and Nationality Act (8 
    U.S.C. 1229a(c)) shall not apply to a motion to reopen or reconsider 
    under this section.
        (d) Transportation.--The Secretary of Homeland Security shall 
    provide transportation for aliens eligible for reopening or 
    reconsideration of their proceedings under this section, at Government 
    expense, to return to the United States for further immigration 
    proceedings and shall admit or parole the alien into the United States.
        (e) Physical Presence Requirement.--For the purpose of applications 
    filed subsequent to reopening under this section pursuant to section 
    240A of the Immigration and Nationality Act (8 U.S.C. 1229b), or any 
    other application for relief under the immigration laws (as defined in 
    section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
    1101(a)(17))), removal, deportation, exclusion, or voluntary departure 
    shall not be considered to toll any physical presence requirement.
        (f) Judicial Review.--Notwithstanding any other provision of the 
    Immigration and National Act (8 U.S.C. 1101 et seq.), any denial of a 
    motion to reopen or reconsider submitted pursuant to this section is 
    subject to de novo judicial review in a Federal district court having 
    jurisdiction over the applicant's residence or, in the case of an 
    applicant who was removed from the United States, the last known 
    residential address of the applicant in the United States.
                                     <all>