[Page S5186]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1688. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 744, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. GROUNDS FOR INELIGIBILITY FOR REGISTERED PROVISIONAL 
                   IMMIGRANT STATUS.

       Section 245B(b) of the Immigration and Nationality Act, as 
     added by section 2101, is further amended by striking 
     paragraph (3) and inserting the following:
       ``(3) Grounds for ineligibility.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an alien is ineligible for registered provisional immigrant 
     status if the Secretary determines that the alien--
       ``(i) has a conviction for--

       ``(I) an offense classified as a felony in the convicting 
     jurisdiction (other than a State or local offense for which 
     an essential element was the alien's immigration status, or a 
     violation of this Act);
       ``(II) an aggravated felony (as defined in section 
     101(a)(43) at the time of the conviction);
       ``(III) an offense (unless the applicant demonstrates, by 
     clear and convincing evidence, that he or she is innocent of 
     the offense, that he or she is the victim of such offense, or 
     that no offense occurred), which is classified as a 
     misdemeanor in the convicting jurisdiction, and which 
     involved--

       ``(aa) domestic violence or child abuse and neglect (as 
     such terms are defined in section 40002(a) of the Violence 
     Against Women Act of 1994 (42 U.S.C. 13925(a)));
       ``(bb) assault resulting in bodily injury or the violation 
     of a protection order (as such terms are defined in section 
     2266 of title 18, United States Code); or
       ``(cc) driving while intoxicated (as defined in section 164 
     of title 23, United States Code);

       ``(IV) 2 or more misdemeanor offenses (other than minor 
     traffic offenses or State or local offenses for which an 
     essential element was the alien's immigration status or 
     violations of this Act);
       ``(V) any offense under foreign law, except for a purely 
     political offense, which, if the offense had been committed 
     in the United States, would render the alien inadmissible 
     under section 212(a) (excluding the paragraphs set forth in 
     clause (ii)) or removable under section 237(a), except as 
     provided in paragraph (3) of section 237(a); or
       ``(VI) unlawful voting (as defined in section 237(a)(6));

       ``(ii) is inadmissible under section 212(a), except that in 
     determining an alien's inadmissibility--

       ``(I) paragraphs (4), (5), (7), and (9)(B) of section 
     212(a) shall not apply;
       ``(II) subparagraphs (A), (C), (D), (F), and (G) of section 
     212(a)(6) and paragraphs (9)(C) and (10)(B) of section 212(a) 
     shall not apply unless based on the act of unlawfully 
     entering the United States after the date of the enactment of 
     the Border Security, Economic Opportunity, and Immigration 
     Modernization Act; and
       ``(III) paragraphs (6)(B) and (9)(A) of section 212(a) 
     shall not apply unless the relevant conduct began on or after 
     the date on which the alien files an application for 
     registered provisional immigrant status under this section;

       ``(iii) is an alien who the Secretary knows or has 
     reasonable grounds to believe, is engaged in or is likely to 
     engage after entry in any terrorist activity (as defined in 
     section 212(a)(3)(B)(iv)); or
       ``(iv) was, on April 16, 2013--

       ``(I) an alien lawfully admitted for permanent residence;
       ``(II) an alien admitted as a refugee under section 207 or 
     granted asylum under section 208; or
       ``(III) an alien who, according to the records of the 
     Secretary or the Secretary of State, is lawfully present in 
     the United States in any nonimmigrant status (other than an 
     alien considered to be a nonimmigrant solely due to the 
     application of section 244(f)(4) or the amendment made by 
     section 702 of the Consolidated Natural Resources Act of 2008 
     (Public Law 110-229)), notwithstanding any unauthorized 
     employment or other violation of nonimmigrant status.

       ``(B) Waiver.--
       ``(i) In general.--The Secretary may waive the application 
     of any provision of section 212(a) that is not listed in 
     clause (ii) on behalf of an alien for humanitarian purposes, 
     to ensure family unity, or if such a waiver is otherwise in 
     the public interest. Any discretionary authority to waive 
     grounds of inadmissibility under section 212(a) conferred 
     under any other provision of this Act shall apply equally to 
     aliens seeking registered provisional status under this 
     section.
       ``(ii) Exceptions.--The discretionary authority under 
     clause (i) may not be used to waive--

       ``(I) subparagraph (B), (C), (D)(ii), (E), (G), (H), or (I) 
     of section 212(a)(2);
       ``(II) section 212(a)(3);
       ``(III) subparagraph (A), (C), (D), or (E) of section 
     212(a)(10); or
       ``(IV) with respect to misrepresentations relating to the 
     application for registered provisional immigrant status, 
     section 212(a)(6)(C)(i).

       ``(C) Conviction explained.--For purposes of this 
     paragraph, the term `conviction' does not include a judgment 
     that has been expunged, set aside, or the equivalent.
       ``(D) Rule of construction.--Nothing in this paragraph may 
     be construed to require the Secretary to commence removal 
     proceedings against an alien.''.
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