permanent residence as of a date 30 months prior to the filing of such an application or the date of the alien’s last arrival into the United States, whichever date is later. The provisions of this Act shall be applicable to the spouse and child of any alien described in this section, regardless of their citizenship and place of birth, if the spouse or child is residing with such alien in the United States. . (b) Clerical amendment The table of contents as amended by section 202, is further amended by inserting after the item relating to section 245C the following: Sec. 245D. Adjustment of status of certain Haitian nationals. . (c) Sunset The amendments made by this section shall cease to be effective on the date that is 3 years after the date of the enactment of this Act. 1102. Limitation on bond discretion Section 236 ( 8 U.S.C. 1226 ) is amended by adding at the end the following: (f) Exercise of authority for arrest, detention, and release The Secretary of Homeland Security shall exercise the discretion afforded under subsection (a) on a case-by-case basis. If bond is to be denied on the ground that the alien’s release would give rise to adverse consequences for national security or national immigration policy, the finding of such adverse consequences shall be based on circumstances pertaining to the individual alien whose release is being considered. . 1103. Elimination of mandatory detention in expedited removal proceedings Section 235(b)(1)(B)(iii)(IV) ( 8 U.S.C. 1225(b)(1)(B)(iii)(IV) ) is amended to read as follows: (IV) Detention Aliens subject to the procedures under this clause shall be detained in accordance with section 236. . 1104. Amendments to Haitian and Immigrant Fairness Act of 1998 (a) Ground for inadmissibility for document fraud does not apply The Haitian Refugee Immigration Fairness Act of 1998 ( 8 U.S.C. 1255 note) is amended in subsections (a)(1)(B) and (d)(1)(D) of section 902 by inserting (6)(C)(i), after (6)(A), . (b) Determinations with respect to children Section 902(d) of such Act