End Unaccountable Amnesty Act

Bill Summary: End Unaccountable Amnesty Act (S. 225)

Session: 119th Congress | Jurisdiction: United States | Status: Referred to Committee on the Judiciary

Overview

The End Unaccountable Amnesty Act is a comprehensive piece of legislation designed to restrict the executive branch's authority to grant immigration relief and parole. The bill seeks to shift the power to designate Temporary Protected Status (TPS) to Congress, tighten rules regarding unaccompanied alien children, repeal current paths to legal status through "cancellation of removal," and strictly limit the use of immigration parole.

Key Provisions

1. Reform of Temporary Protected Status (TPS)

The bill fundamentally changes how TPS is granted by removing the discretionary power of the Secretary of Homeland Security.
* Congressional Approval: A foreign state can now only be designated for TPS through the enactment of an Act of Congress.
* Strict Criteria: The Act must find that there is an ongoing armed conflict, a life-threatening environmental disaster, or other extraordinary temporary conditions.
* Timeline Limits: Initial TPS designations cannot exceed 12 months, and extensions are also limited to 12-month increments.

2. Unaccompanied Alien Children (UAC)

The bill modifies the handling and repatriation of unaccompanied children to prioritize faster processing and stricter placement oversight.
* Expedited Hearings: Requires a hearing before an immigration judge within 14 days of screening for those not meeting specific criteria.
* Placement Oversight: The Secretary of Health and Human Services must provide the identity and immigration status of sponsors to Homeland Security. If a sponsor is found to be unlawfully present in the U.S., the government must initiate removal proceedings against that sponsor.
* Special Immigrant Juvenile Status (SIJS): Tightens eligibility for SIJS by ensuring the status is not granted if reunification with any parent or legal guardian is viable.

3. Repeal of Cancellation of Removal

The bill completely repeals Section 240A of the Immigration and Nationality Act. This removes a primary legal mechanism that currently allows certain long-term legal permanent residents or non-permanent residents to seek relief from deportation based on hardship to qualifying family members.

4. Immigration Parole Restrictions

The bill severely limits the "parole" authority used to allow non-citizens to enter the U.S. temporarily.
* Case-by-Case Only: Explicitly prohibits "class-based" parole (granting parole to entire groups).
* Strict Definitions: "Urgent humanitarian reasons" are strictly limited to specific medical emergencies, funerals, or organ donations. "Significant public benefit" is limited to law enforcement assistance.
* Numerical Cap: Limits the total number of aliens granted parole to 1,000 per fiscal year.
* Employment: Generally prohibits paroled aliens from working, with exceptions for specific military-related or Cuban-national parolees.

5. Air Travel and Identification

The bill prohibits the Transportation Security Administration (TSA) and air carriers from accepting the following as valid identification for boarding:
* The CBP One mobile application.
* Notices to Appear (NTA) issued by DHS.
* Form I-385 (Notice to Report).

Affected Parties

• Non-citizens and Asylum Seekers: Individuals seeking TPS, parole, or "cancellation of removal" will face significantly higher hurdles or the total removal of these legal pathways.
• Unaccompanied Children and Sponsors: Sponsoring adults may face deportation if their own immigration status is undocumented.
• The Executive Branch: The Secretary of Homeland Security loses significant discretionary power over TPS and parole.
• Air Carriers: Airlines risk operational penalties if they accept prohibited DHS documents for passenger identification.

Procedural and Legal Aspects

• Enforcement: The bill creates a private right of action, allowing individuals, states, or local governments that suffer financial harm exceeding $1,000 to sue the Federal Government for failing to apply these provisions.
• Timeline: Most provisions take effect 30 days after enactment, though specific rules regarding employment authorization take effect immediately. Current approved parolees (prior to January 1, 2023) are generally grandfathered in.