Page:United States Statutes at Large Volume 122.djvu/5103

 12 2 STA T .508 0 PUBLIC LA W 110 –4 5 7—DE C.2 3, 2008 theA tt orn e yG ener alsp e cif ically consents to s u ch j uris -d iction ’ and insertin g‘ ‘in the custody of the S ecretary of H ealth and Hu m an Ser v ices unless the Secretary of Health and Human Services specifically consents to such jurisdiction;’’ .(2)EXPEDIT I OUSA D J UDI C ATIO N . — All applications for special immigrant status under section 10 1(a)(2 7 )( J ) of the I mmigration and N ationality Act ( 8U .S. C . 1101(a)(27)(J)) shall b e adju- dicated by the Secretary of Homeland Security not later than 180 days after the date on w hich the application is filed. ( 3 ) ADJUST M ENT O F STATUS.—Section 2 45 (h)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is amended to read as follows

‘‘(A) paragraphs (4) , (5)(A), ( 6 )(A), (6)(C), (6)( D ), (7)(A), and ( 9 )( B ) of section 212(a) shall not apply; and’’. (4) E L I G I B ILIT Y FO R ASSISTANCE.— (A) IN GENERAL.—A child who has been granted special immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) and who was either in the custody of the Secretary of Health and Human Services at the time a dependency order was granted for such child or who was receiving services pursuant to section 501(a) of the R efugee Edu- cation Assistance Act of 1980 (8 U.S.C. 1522 note) at the time such dependency order was granted, shall be eligible for placement and services under section 412(d) of the Immigration and Nationality Act (8 U.S.C. 1522(d)) until the earlier of— (i) the date on which the child reaches the age designated in section 412(d)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1522(d)(2)(B)); or (ii) the date on which the child is placed in a permanent adoptive home. (B) STATE REIMBURSEMENT.—Subject to the availability of appropriations, if State foster care funds are e x pended on behalf of a child who is not described in subparagraph (A) and has been granted special immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), the F ederal Government shall reimburse the State in which the child resides for such expenditures by the State. (5) STATE COURTS ACTING IN LOCO PARENTIS.—A department or agency of a State, or an individual or entity appointed by a State court or juvenile court located in the United States, acting in loco parentis, shall not be considered a legal guardian for purposes of this section or section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279). (6) T RANSITION RULE.—Notwithstanding any other provi- sion of law, an alien described in section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as amended by paragraph (1), may not be denied special immigrant status under such section after the date of the enactment of this Act based on age if the alien was a child on the date on which the alien applied for such status. (7) ACCESS TO ASYLUM PROTECTIONS.—Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended— Deadlin e .

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