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S. 1042: Healthcare Opportunities for Patriots in Exile Act

The text of the bill below is as of Apr 4, 2019 (Introduced).


II

116th CONGRESS

1st Session

S. 1042

IN THE SENATE OF THE UNITED STATES

April 4, 2019

(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.

1.

Short title

This Act may be cited as the Healthcare Opportunities for Patriots in Exile Act or the HOPE Act.

2.

Parole for certain veterans

Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended—

(1)

in subparagraph (A), by striking subparagraph (B) or and inserting subparagraphs (B) and (C) and;

(2)

by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; and

(3)

by adding the following:

(C)
(i)

The Secretary of Homeland Security may parole any alien qualified under clause (ii) into the United States—

(I)

at the discretion of the Secretary;

(II)

on a case-by-case basis; and

(III)

temporarily under such conditions as the Secretary may prescribe.

(ii)

To qualify for parole under clause (i) an alien applying for admission to the United States shall—

(I)

be a veteran (as defined in section 101 of title 38, United States Code);

(II)

seek parole to receive health care furnished by the Secretary of Veterans Affairs under chapter 17 of title 38, United States Code; and

(III)

be outside of the United States pursuant to having been ordered removed or voluntarily departed from the United States under section 240B.

(iii)

Parole of an alien under clause (i) shall not be regarded as an admission of the alien.

(iv)

If the Secretary of Homeland Security determines that the purposes of such parole have been served the alien shall forthwith return or be returned to the custody from which the alien was paroled.

(v)

Parole shall not be available under clause (i) for an alien who is inadmissible due to a criminal conviction—

(I)
(aa)

for a crime of violence (as defined in section 16(a) of title 18, United States Code), excluding a purely political offense; or

(bb)

for a crime that endangers the national security of the United States; and

(II)

for which the alien has served a term of imprisonment of at least 5 years.

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