Prohibition on removal of certain aliens

(a) In general Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended— (1) in the section heading, by inserting; prohibition on removal after hearing; and (2) by adding at the end the following: (e) Prohibition on removal of aliens with certain pending petitions and applications (1) Beneficiaries of petitions for immigrant visas An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 or for classification as a VAWA self-petitioner that was filed with the Secretary of Homeland Security and who is prima facie eligible for approval may not be removed while such petition or application is pending or a decision on such petition or application is on appeal. (2) Applicants for certain nonimmigrant and special immigrant classifications and cancellation of removal An applicant for classification as a nonimmigrant described in subparagraph (T), (U), or (V) of section 101(a)(15), an applicant for classification as a special immigrant under section 101(a)(27)(J), or an applicant for cancellation of removal under section 240A may not be removed while such application is pending or a decision on such application is on appeal. (3) Stay of removal An individual who is prima facie eligible to receive a visa under section 203(d) of a petition for classification under section 204 due to the changes enacted by the Fairness for Immigrant Families Act of 2026, or who is prima facie eligible to apply for cancellation of removal under the changes enacted by such Act may not be removed during the period beginning on the date of the enactment of such Act and ending on the date that is 6 months after the date on which the rules for the implementation of such provisions are finalized. (f) Prohibition on removal of DACA recipients An alien who has an active grant of deferred action pursuant to the Deferred Action for Childhood Arrivals program, as set forth in the final rule issued by the Department of Homeland Security and entitled Deferred Action for Childhood Arrivals (87 Fed. Reg. 53152 (August 30, 2022)), or whose application for renewal of such deferred action is pending adjudication by U.S. Citizenship and Immigration Services, may not be removed. (g) Presumption of non-Detention There shall be a presumption of nondetention for individuals described in subsections (e) and (f). This presumption shall not apply if the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. Immigration and Customs Enforcement, or an immigration judge specifically determines that the alien is a threat to himself or herself, the public, or national security.. (b) Conforming amendment The table of contents at the beginning of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the item relating to section 235 and inserting the following: Sec. 235. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing; prohibition on removal..