Overview

Title

To amend the Immigration and Nationality Act to reform temporary protected status, and for other purposes.

ELI5 AI

This bill wants to change how the U.S. decides who gets to stay temporarily in the country when their home is dangerous, and it makes new rules for kids who come to the U.S. without parents. It also changes how many people the U.S. can help each year and has new rules for ID cards used for flying on airplanes.

Summary AI

S. 225 seeks to amend the Immigration and Nationality Act by reforming the process for temporary protected status (TPS). It changes how foreign states are designated for TPS, establishes conditions for the extension and termination of such status, and introduces new requirements for unaccompanied minors. The bill also aims to repeal certain immigration status adjustments, restrict the use of specific identification documents for air travel, and reform parole procedures for immigrants. Overall, the bill proposes significant changes in how temporary immigration statuses and related processes are managed in the United States.

Published

2025-01-23
Congress: 119
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2025-01-23
Package ID: BILLS-119s225is

Bill Statistics

Size

Sections:
7
Words:
5,230
Pages:
25
Sentences:
75

Language

Nouns: 1,421
Verbs: 365
Adjectives: 222
Adverbs: 31
Numbers: 157
Entities: 245

Complexity

Average Token Length:
3.85
Average Sentence Length:
69.73
Token Entropy:
5.16
Readability (ARI):
34.86

AnalysisAI

This bill, titled the "End Unaccountable Amnesty Act," aims to bring several changes to the existing Immigration and Nationality Act, with a focus on reforming Temporary Protected Status (TPS), managing unaccompanied alien children, revising parole conditions, and prohibiting the use of specific identification documents for air travel. Introduced by Senators Banks, Hyde-Smith, and Lee, it reflects attempts to realign immigration policies with various procedural and legislative adjustments.

General Summary of the Bill

The bill encompasses multiple sections, each targeting distinct aspects of immigration law:

  1. Temporary Protected Status (TPS): It revises the criteria under which a foreign state can be designated or removed from TPS, demanding legislative actions for these decisions. It also specifies criteria under which individuals without lawful status are not eligible for TPS.

  2. Unaccompanied Alien Children: The bill modifies existing rules, aiming to streamline procedures for repatriation and custody. It also refines the criteria for special immigrant juvenile status.

  3. Repeal of Cancellation of Removal: The section rescinds specific provisions that previously allowed certain immigrants to avoid removal and adjust their status.

  4. Prohibited Identification Documents: It restricts the use of certain documents, like a notice from the Department of Homeland Security, at airports, impacting air travel identification protocols.

  5. Immigration Parole Reform: The bill restructures the guidelines for granting parole, emphasizing a case-by-case basis for urgent humanitarian reasons or public benefits and setting a cap on such grants.

Significant Issues

A few concerns stand prominent in the evaluation of this bill:

  • Complex Legislative Processes: By requiring legislative acts to both designate and terminate TPS, the bill may inadvertently slow down the ability to respond quickly to changes in foreign conditions.

  • Ambiguities and Over-complexity: The bill's language, especially concerning humanitarian parole conditions, is seen as overly complex and unclear, which might lead to inconsistent applications or legal challenges.

  • Privacy and Coordination Concerns: The demand for inter-agency information sharing, particularly in managing unaccompanied children, raises privacy issues and operational challenges.

  • Potential Undermining of Humanitarian Needs: By limiting the number of paroles issued per year, the bill risks falling short of providing necessary humanitarian relief.

  • Challenges in Air Travel Identification: Banning certain identification documents without provisions for exceptions or detailed enforcement mechanisms could result in significant confusion and logistical issues for travelers and carriers.

Impact on the Public

Broadly, the public might experience both direct and indirect impacts from this bill. By embedding extensive legislative processes into TPS decisions, individuals from affected countries might face uncertainty and delays in obtaining protections. Such delays can lead to increased stress and potential danger for those awaiting TPS.

The restrictions on parole issuance, with a strict cap, can limit opportunities for the U.S. to offer refuge in urgent humanitarian situations, potentially harming vulnerable groups.

Air travelers could face more stringent identification checks, and the potential for increased operational costs for airlines might indirectly impact ticket prices or scheduling.

Impact on Specific Stakeholders

  • Immigrant Communities: For those directly affected by TPS or parole policies, prolonged uncertainty and reduced opportunities for legal adjustments could exacerbate difficulties in maintaining stability and security in the U.S.

  • Government Agencies: The shift in duties from the Attorney General to the Secretary of Homeland Security signifies an operational change that lacks clarity regarding practical implications, potentially affecting administrative efficiencies.

  • Airlines and Travelers: The enforcement of new travel document regulations presents an immediate concern for airlines, which must adapt to changes swiftly. Travelers relying on certain forms of identification may experience travel disruptions or need to secure alternate documentation.

Overall, while the bill emphasizes a tightening of existing regulations, it leaves room for interpretation and potential logistical challenges, which could affect its effectiveness when applied on the ground.

Financial Assessment

The legislative proposal contained in S. 225, titled the "End Unaccountable Amnesty Act," deals primarily with immigration policies and procedures. It includes an amendment concerning the financial implications that may arise due to certain provisions, specifically in the context of immigration parole reform.

Financial Implications of Immigration Parole Reform

Cause of Action and Financial Threshold:

In the context of immigration parole reform, the bill introduces a provision that allows for legal recourse in cases of financial harm resulting from non-compliance with the section's stipulations. Specifically, any person, State, or local government that experiences financial harm exceeding $1,000 due to the Federal Government's failure to lawfully apply the provisions of this section is permitted to file a civil action. This reflects a structured approach allowing entities or individuals to seek compensation should the application of this bill's provisions cause them undue financial damage.

Relation to Identified Issues

Ambiguity and Complexity:

One of the identified issues is the potential for legal challenges due to complexity in humane parole conditions (Issue: "The overcomplexity and ambiguous language in the conditions for granting parole..."). The financial threshold set for seeking legal remedy underscores the potential financial implications that could arise if the complexities lead to inconsistent application or mismanagement of parole provisions. This $1,000 threshold sets a clear financial benchmark for affected parties to claim compensation. However, it also hints at the financial risks and burdens that may be faced due to potential misapplication of the new parole conditions.

Demand vs. Capacity:

Another issue raised is that the new limitations placed on the parole system, such as the cap of 1,000 paroles per year, might not meet humanitarian needs (Issue: "The new limitations placed on the parole system..."). While this cap is not a direct financial allocation, it implies a constraint on resources and the number of individuals who can be assisted financially through the parole system. This limitation could lead to indirect financial implications if, for instance, States or local entities require additional funding to manage individuals who cannot receive parole due to this restriction.

Conclusion

Overall, the bill's financial references do not involve direct spending or appropriations but focus on providing a financial threshold for addressing grievances through legal systems. These provisions demonstrate an awareness of the potential financial repercussions of immigration reform implementations. However, the absence of explicit allocation of funds or explanation for handling excess demand (due to the 1,000 parole cap) indicates that while financial aspects are considered, they might require further clarification to address the broad range of potential financial impacts stemming from this legislation.

Issues

  • The change in procedural requirements for designating and terminating Temporary Protected Status (TPS) for foreign states could lead to legislative delays, affecting timely responses to humanitarian crises. This issue affects Section 2.

  • The overcomplexity and ambiguous language in the conditions for granting parole on humanitarian grounds may create legal challenges and inconsistencies in application. This issue affects Section 6.

  • The amendments redefine the roles of government agencies without clarifying implementation details, potentially affecting the effectiveness of TPS management. This also impacts Section 2.

  • The new limitations placed on the parole system, such as the cap of 1,000 paroles per year, might not meet the demand or humanitarian needs, leading to potential human rights concerns. This is related to Section 6.

  • The repeal of section 240A of the Immigration and Nationality Act lacks clarity regarding the transition for current cases, possibly affecting individuals who were previously eligible for cancellation of removal. This is relevant to Section 4.

  • The prohibition on the use of certain identification documents for air travel without clear communication or exceptions may lead to confusion and logistical challenges for air carriers and passengers. This is an issue in Sections 5 and 40133.

  • The imprecision in defining 'prohibited identification documents' and the lack of detail on enforcement mechanisms may lead to compliance issues and operational hurdles for air carriers. This affects Sections 5 and 40133.

  • The changes in custody procedures for unaccompanied alien children require coordination and information sharing between government departments, which raises privacy concerns. This issue is found in Section 3.

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 proposed changes to the Immigration and Nationality Act give the power to designate a foreign state for Temporary Protected Status (TPS) based on specific criteria, such as ongoing conflicts or environmental disasters, and outline how the status can be initiated, terminated, or extended. It also clarifies that aliens without lawful immigration status are not eligible for TPS and updates language by replacing “Attorney General” with “Secretary of Homeland Security.”

3. Unaccompanied alien children Read Opens in new tab

Summary AI

The section modifies the rules regarding unaccompanied alien children by revising procedures for repatriation, custody, and legal representation and clarifies how information should be shared when placing children with individuals. It also updates special immigrant juvenile status qualifications and maintains certain protections for screening vulnerable children.

4. Repeal of cancellation of removal; adjustment of status Read Opens in new tab

Summary AI

The text repeals Section 240A of the Immigration and Nationality Act, which previously allowed for some immigrants to have their removal canceled and their immigration status adjusted. It also makes a series of conforming amendments to other sections of the Act to align with this repeal.

5. Prohibited identification documents for air travel Read Opens in new tab

Summary AI

The text outlines rules prohibiting the use of certain documents for air travel identification. It specifies that the Transportation Security Administration cannot accept specific documents at airport security, and air carriers cannot allow passengers to use these documents when boarding in the U.S. These prohibited documents include the CBP One Mobile Application, a notice to appear from the Department of Homeland Security, and the DHS Form I-385.

40133. Prohibition on operations of air carriers allowing use of prohibited identification documents Read Opens in new tab

Summary AI

Airlines are not allowed to fly to or from the United States if they let passengers use identification documents that are banned under the End Unaccountable Amnesty 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.