&sect; 2104 : ADDITIONAL REQUIREMENTS

PROHIBITED DISCLOSURES.—Except as otherwise provided in this subsection, no officer or employee of any Federal agency may—

A.: use the information furnished in an application for lawful status under section 245B,245C, or 245Dfor any purpose other than to make a determination on any application by the alien for any immigration benefit or protection;
B.: make any publication through which information furnished by any particular applicant can be identified; or
C.: permit anyone other than the sworn officers, employees, and contractors of such agency or of another entity approved by the Secretary to examine any individual application for lawful status under section 245B, 245C, or 245D.

REQUIRED DISCLOSURES.—The Secretary shall provide the information furnished in an application filed under section 245B,245C, or 245Dand any other information derived from such furnished information to—

a law enforcement agency, intelligence agency, national security agency, a component of the Department of Homeland Security, court, or grand jury, consistent with law, in connection with—

i.: a criminal investigation or prosecution of any felony not related to the applicant’s immigration status; or
ii.: a national security investigation or prosecution; and

an official coroner for purposes of affirmatively identifying a deceased individual, whether or not the death of such individual resulted from a crime.

AUDITING AND EVALUATION OF INFORMATION.—The Secretary may—

A.: audit and evaluate information furnished as part of any application filed under section 245B,245C, or 245Dfor purposes of identifying immigration fraud or fraud schemes; and
B.: use any evidence detected by means of audits and evaluations for purposes of investigating, prosecuting, referring for prosecution, or denying or terminating immigration benefits.

b.

EMPLOYER PROTECTIONS.—

1.: USE OF EMPLOYMENT RECORDS.—Copies of employment records or other evidence of employment provided by an alien or by an alien’s employer in support of an alien’s application for registered provisional immigrant status under section 245Bmay not be used in a civil or criminal prosecution or investigation of that employer under section 274Aor the Internal Revenue Code of 1986 for the prior unlawful employment of that alien regardless of the adjudication of such application or reconsideration by the Secretary of such alien’s prima facie eligibility determination. Employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for registered provisional immigrant status shall not be subject to civil and criminal liability pursuant to section 274Afor employing such unauthorized aliens.
2.: LIMIT ON APPLICABILITY.—The protections for employers and aliens under paragraph (1) shall not apply if the aliens or employers submit employment records that are deemed to be fraudulent.

c.

ADMINISTRATIVE REVIEW.—

EXCLUSIVE ADMINISTRATIVE REVIEW.— Administrative review of a determination respecting an application for status under section 245B,245C,245Dor 245F or section 2211 of the Agricultural Worker Program Act of 2013 shall be conducted solely in accordance with this subsection.

ADMINISTRATIVE APPELLATE REVIEW.—

ESTABLISHMENT OF ADMINISTRATIVE APPELLATE AUTHORITY.—The Secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of a determination with respect to applications for, or revocation of, status under sections 245B, 245C, and 245D.

SINGLE APPEAL FOR EACH ADMINISTRATIVE DECISION.—

i.: IN GENERAL.—An alien in the United States whose application for status under section 245B,245C, or 245Dhas been denied or revoked may file with the Secretary not more than 1 appeal of each decision to deny or revoke such status.
ii.: NOTICE OF APPEAL.—A notice of appeal filed under this subparagraph shall be filed not later than 90 days after the date of service of the decision of denial or revocation, unless the delay was reasonably justifiable.

C.

REVIEW BY SECRETARY.—Nothing in this paragraph may be construed to limit the authority of the Secretary to certify appeals for review and final administrative decision.

D.

DENIAL OF PETITIONS FOR DEPENDENTS.—Appeals of a decision to deny or revoke a petition filed by a registered provisional immigrant pursuant to regulations promulgated under section 245Bto classify a spouse or child of such alien as a registered provisional immigrant shall be subject to the administrative appellate authority described in subparagraph (A).

E.

STAY OF REMOVAL.—Aliens seeking administrative review shall not be removed from the United States until a final decision is rendered establishing ineligibility for status under section 245B,245C, or 245D.

RECORD FOR REVIEW.—Administrative appellate review under paragraph (2) shall be de novo and based solely upon—

A.: the administrative record established at the time of the determination on the application; and
B.: any additional newly discovered or previously unavailable evidence.

4.

UNLAWFUL PRESENCE.—During the period in which an alien may request administrative review under this subsection, and during the period that any such review is pending, the alien shall not be considered unlawfully present in the United States for purposes of section 212(a)(9)(B).

d.

PRIVACY AND CIVIL LIBERTIES.—

1.: IN GENERAL.—The Secretary, in accordance with subsection (a)(1), shall require appropriate administrative and physical safeguards to protect the security, confidentiality, and integrity of personally identifiable information collected, maintained, and disseminated pursuant to sections 245B, 245C, and 245D.
2.: ASSESSMENTS.—Notwithstanding the privacy requirements set forth in section 222 of the Homeland Security Act (6 U.S.C. 142) and the E-Government Act of 2002 (Public Law 107–347), the Secretary shall conduct a privacy impact assessment and a civil liberties impact assessment of the legalization program established under sections 245B, 245C, and 245D during the pendency of the interim final regulations required to be issued under section 2110of the Border Security, Economic Opportunity, and Immigration Modernization Act.

JUDICIAL REVIEW.— Section 242(8 U.S.C. 1252) is amended—

in subsection (a)(2)—

A.: in subparagraph (B), by inserting the exercise of discretion arising under after no court shall have jurisdiction to review;
B.: in subparagraph (D), by striking raised upon a petition for review filed with an appropriate court of appeals in accordance with this section;

in subsection (b)(2), by inserting or, in the case of a decision rendered under section 245E(c), in the judicial circuit in which the petitioner resides after proceedings; and

by adding at the end the following:

h.

JUDICIAL REVIEW OF ELIGIBILITY DETERMINATIONS RELATING TO STATUS UNDER CHAPTER 5.—

DIRECT REVIEW.—If an alien’s application under section 245B,245C,245Dor 245F or section 2211 of the Agricultural Worker Program Act of 2013 is denied, or is revoked after the exhaustion of administrative appellate review under section 245E(c), the alien may seek review of such decision, in accordance with chapter 7 of title 5, United States Code, before the United States district court for the district in which the person resides.

STATUS DURING REVIEW.—While a review described in paragraph (1) is pending—

A.: the alien shall not be deemed to accrue unlawful presence for purposes of section 212(a)(9);
B.: any unexpired grant of voluntary departure under section 240Bshall be tolled; and
C.: the court shall have the discretion to stay the execution of any order of exclusion, deportation, or removal.

REVIEW AFTER REMOVAL PROCEEDINGS.—An alien may seek judicial review of a denial or revocation of approval of the alien’s application under section 245B,245C, or 245Din the appropriate United States court of appeal in conjunction with the judicial review of an order of removal, deportation, or exclusion if the validity of the denial has not been upheld in a prior judicial proceeding under paragraph (1).

4.

STANDARD FOR JUDICIAL REVIEW.—

BASIS.—Judicial review of a denial, or revocation of an approval, of an application under section 245B,245C, or 245Dshall be based upon the administrative record established at the time of the review.

AUTHORITY TO REMAND.—The reviewing court may remand a case under this subsection to the Secretary for consideration of additional evidence if the court finds that—

i.: the additional evidence is material; and
ii.: there were reasonable grounds for failure to adduce the additional evidence before the Secretary.

C.

SCOPE OF REVIEW.—Notwithstanding any other provision of law, judicial review of all questions arising from a denial, or revocation of an approval, of an application under section 245B,245C, or 245Dshall be governed by the standard of review set forth in section 706 of title 5, United States Code.

5.

REMEDIAL POWERS.—

JURISDICTION.—Notwithstanding any other provision of law, the United States district courts shall have jurisdiction over any cause or claim arising from a pattern or practice of the Secretary in the operation or implementation of the Border Security, Economic Opportunity, and Immigration Modernization Act, or the amendments made by such Act, that is arbitrary, capricious, or otherwise contrary to law.

SCOPE OF RELIEF.—The United States district courts may order any appropriate relief in a clause or claim described in subparagraph (A) without regard to exhaustion, ripeness, or other standing requirements (other than constitutionally-mandated requirements), if the court determines that—

i.: the resolution of such cause or claim will serve judicial and administrative efficiency; or
ii.: a remedy would otherwise not be reasonably available or practicable.

6.

CHALLENGES TO THE VALIDITY OF THE SYSTEM.—

IN GENERAL.—Except as provided in paragraph (5), any claim that section 245B,245C,245D, or 245Eor any regulation, written policy, or written directive, issued or unwritten policy or practice initiated by or under the authority of the Secretary to implement such sections, violates the Constitution of the United States or is otherwise in violation of law is available exclusively in an action instituted in United States District Court in accordance with the procedures prescribed in this paragraph.