HOPE Act

II 116TH CONGRESS 1ST SESSION S. 1042 To amend the Immigration and Nationality Act to allow certain alien veterans to be paroled into the United States to receive health care furnished by the Secretary of Veterans Affairs. IN THE SENATE OF THE UNITED STATES APRIL 4, 2019 Ms. DUCKWORTH (for herself, Ms. HIRONO, Mr. BLUMENTHAL, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to allow certain alien veterans to be paroled into the United States to receive health care furnished by the Secretary of Veterans Affairs. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Healthcare Opportuni- 4 ties for Patriots in Exile Act’’ or the ‘‘HOPE Act’’. 5 SEC. 2. PAROLE FOR CERTAIN VETERANS. 6 Section 212(d)(5) of the Immigration and Nationality 7 Act (8 U.S.C. 1182(d)(5)) is amended— 8 VerDate Sep 11 2014 04:39 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1042.IS S1042 kjohnson on DSK79L0C42 with BILLS 2 •S 1042 IS (1) in subparagraph (A), by striking ‘‘subpara- 1 graph (B) or’’ and inserting ‘‘subparagraphs (B) 2 and (C) and’’; 3 (2) by striking ‘‘Attorney General’’ each place 4 such term appears and inserting ‘‘Secretary of 5 Homeland Security’’; and 6 (3) by adding the following: 7 ‘‘(C)(i) The Secretary of Homeland Security may pa- 8 role any alien qualified under clause (ii) into the United 9 States— 10 ‘‘(I) at the discretion of the Secretary; 11 ‘‘(II) on a case-by-case basis; and 12 ‘‘(III) temporarily under such conditions as the 13 Secretary may prescribe. 14 ‘‘(ii) To qualify for parole under clause (i) an alien 15 applying for admission to the United States shall— 16 ‘‘(I) be a veteran (as defined in section 101 of 17 title 38, United States Code); 18 ‘‘(II) seek parole to receive health care fur- 19 nished by the Secretary of Veterans Affairs under 20 chapter 17 of title 38, United States Code; and 21 ‘‘(III) be outside of the United States pursuant 22 to having been ordered removed or voluntarily de- 23 parted from the United States under section 240B. 24 VerDate Sep 11 2014 04:39 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1042.IS S1042 kjohnson on DSK79L0C42 with BILLS 3 •S 1042 IS ‘‘(iii) Parole of an alien under clause (i) shall not be 1 regarded as an admission of the alien. 2 ‘‘(iv) If the Secretary of Homeland Security deter- 3 mines that the purposes of such parole have been served 4 the alien shall forthwith return or be returned to the cus- 5 tody from which the alien was paroled. 6 ‘‘(v) Parole shall not be available under clause (i) for 7 an alien who is inadmissible due to a criminal conviction— 8 ‘‘(I)(aa) for a crime of violence (as defined in 9 section 16(a) of title 18, United States Code), ex- 10 cluding a purely political offense; or 11 ‘‘(bb) for a crime that endangers the national 12 security of the United States; and 13 ‘‘(II) for which the alien has served a term of 14 imprisonment of at least 5 years.’’. 15 Æ VerDate Sep 11 2014 04:39 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1042.IS S1042 kjohnson on DSK79L0C42 with BILLS