Overview
Title
To amend the Immigration and Nationality Act to reform temporary protected status, and for other purposes.
ELI5 AI
H.R. 696, called the "End Unaccountable Amnesty Act," is like a big rule change about how the U.S. lets people from troubled countries stay temporarily, makes it harder to cancel deportation orders, and changes the rules for kids coming alone to the country. It also limits how many people can get special entry permission each year and tries to keep track of these decisions better.
Summary AI
H.R. 696, known as the "End Unaccountable Amnesty Act," aims to reform how the U.S. handles Temporary Protected Status (TPS) and other immigration policies. The bill modifies the criteria for designating countries eligible for TPS, ends the cancellation of removal, and adjusts the status provisions in the Immigration and Nationality Act. It also changes the procedures for dealing with unaccompanied alien children, restricts the use of certain identification documents for air travel, and reforms the conditions under which immigration parole can be granted. Furthermore, it sets a cap on the number of paroles per fiscal year and includes measures to strengthen oversight and reporting of parole decisions.
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General Summary
The proposed legislation, titled the "End Unaccountable Amnesty Act," aims to make several amendments to the Immigration and Nationality Act. The bill, introduced in January 2025, seeks to reform the process of granting Temporary Protected Status (TPS), addressing unaccompanied alien children, repealing cancellation of removal provisions, specifying prohibited identification documents for air travel, and revising immigration parole procedures.
Significant Issues
One of the significant issues pertains to the reform of TPS. The changes lack clarity about the responsible authority for TPS designations and the criteria for making such designations, extensions, or terminations. This ambiguity may lead to arbitrary decisions or misuse of authority.
Another concern involves privacy issues relating to unaccompanied alien children. The bill requires extensive personal information collection from individuals with whom these children are placed, potentially infringing on privacy rights, particularly concerning social security numbers.
The removal of Section 240A regarding cancellation of removal and adjustment of status removes certain protections without an explanation of its implications, causing uncertainty for affected individuals.
There is also a lack of clarity on the prohibition of certain identification documents for air travel. The bill does not explain why these documents are deemed prohibited or how enforcement would be managed, potentially causing confusion for airlines and passengers.
Lastly, the cap on the number of parolees allowed annually (1,000) may not effectively address potential humanitarian needs. The bill also lacks clear definitions for terms like "significant public benefit," leading to subjective interpretations and possible inconsistent applications.
Potential Public Impact
Broadly, the reforms outlined in the bill could affect public perception of fairness and threat management regarding immigration and national security. By tightening controls on TPS, the bill could impact communities with large numbers of immigrants from conflict-afflicted or disaster-impacted regions, potentially creating unease about deportations and loss of status.
The repeal of certain immigration statuses and more stringent controls on parole could affect the legal status and stability of many non-citizens, possibly leading to increased poverty and hindered integration into American society.
Stakeholder Impact
Immigrants and Non-Citizens: The bill could negatively impact immigrants and non-citizens, particularly those from designated TPS countries, unaccompanied minors, and individuals previously eligible for cancellation of removal. Changes could result in more challenging paths to legal status in the U.S. and reduced protection measures.
Airlines and Airports: Provisions prohibiting certain identification documents for air travel could create operational challenges if not clearly outlined and enforced. Airlines may face difficulties in compliance, particularly if enforcement and acceptable identification alternatives are not clearly defined.
National and Homeland Security Entities: The bill places more responsibilities on the Secretary of Homeland Security in areas previously managed by the Attorney General, shifting the decision-making dynamics. This responsibility could reinforce security protocols or create bureaucratic challenges without explicit guidelines.
Legal and Advocacy Organizations: These organizations may see an increase in their caseloads and advocacy roles, supporting affected individuals through legal channels or lobbying for further clarification and adjustment of the bill’s provisions.
In sum, while the bill aims to enforce immigration law more rigorously and enhance national security, the approach involves significant complexities and ambiguities that may lead to unintended consequences or strain the legal immigration system. Clearer frameworks and definitions, alongside consideration of stakeholder concerns, could potentially mitigate some of these issues.
Financial Assessment
Regarding the financial aspects of H.R. 696, titled the "End Unaccountable Amnesty Act," the commentary will focus on the financial reference found within the bill.
Financial Reference in Section 6:
In Section 6 of the bill, the financial impact is indirectly referenced in relation to the potential for legal action tied to the implementation of the act. Specifically, the bill mentions that "any person, State, or local government that experiences financial harm in excess of $1,000 due to a failure of the Federal Government to lawfully apply the provisions of this section or the amendments made by this section shall have standing to bring a civil action against the Federal Government in an appropriate district court of the United States for appropriate relief."
This provision establishes a monetary threshold for claiming financial harm, stipulating that damages must exceed $1,000 for an entity to have legal standing to sue the federal government. This could serve as an incentive for accurate and lawful implementation of the parole reform provisions, as any failure could result in financial liability for the government. The financial reference in this section does not relate directly to an allocation or spending measure; rather, it outlines conditions under which the government could be financially accountable due to regulatory or procedural failures linked to parole decisions.
Relation to Identified Issues:
The financial reference in Section 6 is directly related to the issue of oversight and consistency raised in the list of issues. By allowing for legal action where financial harm exceeds $1,000, the bill introduces a mechanism for individuals or entities to hold the federal government accountable should the application of the parole provisions result in unplanned or unjust costs. This could potentially address concerns regarding inconsistencies or subjective interpretations of terms like "significant public benefit," as outlined in the issues. However, the mere existence of this financial threshold does not necessarily resolve how such terms are defined or applied, which may still result in inconsistent application without further legislative or regulatory clarity.
The cap on paroles per fiscal year, noted as a potential constraint in addressing humanitarian needs, could also intersect with the financial provisions if entities claim economic harm due to unmet immigration or labor demands. However, the bill does not directly provide funds or resources to mitigate such potential negative impacts, focusing instead on a legal channel for addressing grievances related to financial losses.
Issues
The reform of Temporary Protected Status (TPS) in Section 2 lacks clarity regarding which authority is responsible for determining the conditions under which a foreign state can be designated, extended, or terminated, potentially leading to arbitrary or unfounded decisions.
The language in Section 2(a)(3)(B) regarding the extension of TPS designation is vague, with no clear process or criteria for making a finding that conditions continue to be met, potentially leading to inconsistent or unfair application.
Section 3 introduces a requirement for specific personal information from individuals with whom unaccompanied alien children are placed, raising privacy concerns, especially the collection of social security numbers.
The removal of Section 240A in Section 4 might have significant legal and social implications that are not immediately clear, leading to uncertainty for affected individuals.
Section 5 introduces a prohibition on certain identification documents for air travel without specific justification or an explanation of enforcement mechanisms, potentially creating confusion and operational challenges for air carriers.
The cap of 1,000 aliens per fiscal year for granting parole in Section 6 may not adequately address humanitarian needs or demands, potentially leading to insufficient support for those at risk.
Section 6 lacks clear definitions for terms such as 'significant public benefit' which could be interpreted subjectively, leading to inconsistent application or potential exploitation.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill states that it can be referred to as the “End Unaccountable Amnesty Act.”
2. Temporary Protected Status Read Opens in new tab
Summary AI
The given section discusses changes to how Temporary Protected Status (TPS) is designated for foreign states. It allows a foreign state to be designated for TPS based on ongoing conflicts or disasters that make it unsafe for its nationals to return. The act also requires the Secretary of Homeland Security, rather than the Attorney General, to make these designations and allows for termination or extension of a country's designation if conditions change. Additionally, the act specifies that aliens without lawful immigration status cannot qualify for TPS.
3. Unaccompanied alien children Read Opens in new tab
Summary AI
The section modifies existing laws regarding unaccompanied alien children, including changes to the rules for their repatriation and custody, the criteria for their hearings, and the information requirements for individuals with whom these children may be placed. Additionally, it updates the conditions under which immigrant juveniles can gain special status if unable to reunite with their parents and clarifies that certain protections, like fear and trafficking screenings, remain unchanged.
4. Repeal of cancellation of removal; adjustment of status Read Opens in new tab
Summary AI
The bill section explains the repeal of Section 240A of the Immigration and Nationality Act, removing certain legal provisions relating to the cancellation of removal and adjustment of immigration status. It also includes various amendments to ensure consistency throughout related sections of the act by removing references to the repealed section.
5. Prohibited identification documents for air travel Read Opens in new tab
Summary AI
The section prohibits the Transportation Security Administration (TSA) from accepting certain documents as valid identification at airport security checkpoints. Additionally, it stops airlines from operating or landing in the U.S. if they allow passengers to use these prohibited documents for boarding. The documents include the U.S. Customs and Border Protection One Mobile App, and notices issued by the Department of Homeland Security like a Notice to Appear and a Notice to Report.
40131. Prohibition on operations for air carriers allowing use of prohibited identification documents Read Opens in new tab
Summary AI
Air carriers, whether domestic or foreign, are not allowed to operate flights to the United States if they permit passengers to use prohibited identification documents as defined by another act.
6. Immigration parole reform Read Opens in new tab
Summary AI
The bill outlines reforms to immigration parole, allowing the Secretary of Homeland Security to grant temporary entry into the United States to certain foreign nationals under specific conditions, such as urgent humanitarian reasons or significant public benefit, on a case-by-case basis. It also establishes limitations on the duration, eligibility, and total number of paroles, and mandates reporting on parole activities to Congress and the public.
Money References
- (C) Aliens who were paroled into the United States pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall continue to be subject to the terms of parole that were in effect on the date on which their respective parole was approved. (c) Cause of action.—Any person, State, or local government that experiences financial harm in excess of $1,000 due to a failure of the Federal Government to lawfully apply the provisions of this section or the amendments made by this section shall have standing to bring a civil action against the Federal Government in an appropriate district court of the United States for appropriate relief.