S 2912 PCS
Calendar No. 717
106th CONGRESS
2d Session
S. 2912
To amend the Immigration and Nationality Act to remove certain
limitations on the eligibility of aliens residing in the United States to obtain
lawful permanent resident status.
IN THE SENATE OF THE UNITED STATES
July 25, 2000
Mr. KENNEDY (for himself, Mr. REID, Mr. DURBIN, Mr. GRAHAM, Mr. LEAHY, Mr.
WELLSTONE, and Mr. DASCHLE) introduced the following bill; which was read the
first time
July 26, 2000
Read the second time and placed on the calendar
A BILL
To amend the Immigration and Nationality Act to remove certain
limitations on the eligibility of aliens residing in the United States to obtain
lawful permanent resident status.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Latino and Immigrant Fairness Act of
2000'.
TITLE I--CENTRAL AMERICAN AND HAITIAN PARITY
SEC. 101. SHORT TITLE.
This title may be cited as the `Central American and Haitian Parity Act of
2000'.
SEC. 102. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS FROM EL SALVADOR,
GUATEMALA, HONDURAS, AND HAITI.
Section 202 of the Nicaraguan Adjustment and Central American Relief Act
is amended--
(1) in the section heading, by striking `NICARAGUANS AND CUBANS' and
inserting `NICARAGUANS, CUBANS, SALVADORANS, GUATEMALANS, HONDURANS, AND
HAITIANS';
(2) in subsection (a)(1)(A), by striking `2000' and inserting
`2003';
(3) in subsection (b)(1), by striking `Nicaragua or Cuba' and inserting
`Nicaragua, Cuba, El Salvador, Guatemala, Honduras, or Haiti'; and
(A) in subparagraph (A), by striking `Nicaragua or Cuba' and inserting
`Nicaragua, Cuba, El Salvador, Guatamala, Honduras, or Haiti; and
(B) in subparagraph (E), by striking `2000' and inserting
`2003'.
SEC. 103. APPLICATIONS PENDING UNDER AMENDMENTS MADE BY SECTION 203 OF THE
NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT.
An application for relief properly filed by a national of Guatemala or El
Salvador under the amendments made by section 203 of the Nicaraguan Adjustment
and Central American Relief Act which was filed on or before the date of
enactment of this Act, and on which a final administrative determination has
not been made, shall, at the election of the applicant, be considered to be an
application for adjustment of status under the provisions of section 202 of
the Nicaraguan Adjustment and Central American Relief Act, as amended by
section XX12 of this Act, upon the payment of any fees, and in
accordance with procedures, that the Attorney General shall prescribe by
regulation. The Attorney General may not refund any fees paid in connection
with an application filed by a national of Guatemala or El Salvador under the
amendments made by section 203 of that Act.
SEC. 104. APPLICATIONS PENDING UNDER THE HAITIAN REFUGEE IMMIGRATION
FAIRNESS ACT OF 1998.
An application for adjustment of status properly filed by a national of
Haiti under the Haitian Refugee Immigration Fairness Act of 1998 which was
filed on or before the date of enactment of this Act, and on which a final
administrative determination has not been made, may be considered by the
Attorney General, in the unreviewable discretion of the Attorney General, to
also constitute an application for adjustment of status under the provisions
of section 202 of the Nicaraguan Adjustment and Central American Relief Act,
as amended by section XX12 of this Act.
SEC. 105. TECHNICAL AMENDMENTS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL
AMERICAN RELIEF ACT.
(a) IN GENERAL- Section 202 of the Nicaraguan Adjustment and Central
American Relief Act is amended--
(A) by inserting before the period at the end of paragraph (1)(B) the
following: `, and the Attorney General may, in the unreviewable discretion
of the Attorney General, waive the grounds of inadmissibility specified in
section 212(a)(1) (A)(i) and (6)(C) of such Act for humanitarian purposes,
to assure family unity, or when it is otherwise in the public
interest';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
`(2) INAPPLICABILITY OF CERTAIN PROVISIONS- In determining the
eligibility of an alien described in subsection (b) or (d) for either
adjustment of status under this section or other relief necessary to
establish eligibility for such adjustment, the provisions of section
241(a)(5) of the Immigration and Nationality Act shall not apply. In
addition, an alien who would otherwise be inadmissible pursuant to section
212(a)(9) (A) or (C) of such Act may apply for the Attorney General's
consent to reapply for admission without regard to the requirement that the
consent be granted prior to the date of the alien's reembarkation at a place
outside the United States or attempt to be admitted from foreign contiguous
territory, in order to qualify for the exception to those grounds of
inadmissibility set forth in section 212(a)(9) (A)(iii) and (C)(ii) of such
Act.'; and
(D) by amending paragraph (3) (as redesignated by subparagraph (B)) to
read as follows:
`(3) RELATIONSHIP OF APPLICATION TO CERTAIN ORDERS- An alien present in
the United States who has been ordered excluded, deported, or removed, or
ordered to depart voluntarily from the United States under any provision of
the Immigration and Nationality Act may, notwithstanding such order, apply
for adjustment of status under paragraph (1). Such an alien may not be
required, as a condition of submitting or granting such application, to file
a separate motion to reopen, reconsider, or vacate such order. Such an alien
may be required to seek a stay of such an order in accordance with
subsection (c) to prevent the execution of that order pending the
adjudication of the application for adjustment of status. If the Attorney
General denies a stay of a final order of exclusion, deportation, or
removal, or if the Attorney General renders a final administrative
determination to deny the application for adjustment of status, the order
shall be effective and enforceable to the same extent as if the application
had not been made. If the Attorney General grants the application for
adjustment of status, the Attorney General shall cancel the order.';
(2) in subsection (b)(1), by adding at the end the following:
`Subsection (a) shall not apply to an alien lawfully admitted for permanent
residence, unless the alien is applying for relief under that subsection in
deportation or removal proceedings.';
(3) in subsection (c)(1), by adding at the end the following: `Nothing
in this Act requires the Attorney General to stay the removal of an alien
who is ineligible for adjustment of status under this Act.';
(A) by amending the subsection heading to read as follows: `SPOUSES,
CHILDREN, AND UNMARRIED SONS AND DAUGHTERS- ';
(B) by amending the heading of paragraph (1) to read as follows:
`ADJUSTMENT OF STATUS- ';
(C) by amending paragraph (1)(A) to read as follows:
`(A) the alien entered the United States on or before the date of
enactment of the Central American and Haitian Parity Act of
2000;';
(D) in paragraph (1)(B), by striking `except that in the case of' and
inserting the following: `except that--
`(i) in the case of such a spouse, stepchild, or unmarried stepson
or stepdaughter, the qualifying marriage was entered into before the
date of enactment of the Central American and Haitian Parity Act of
2000; and
`(ii) in the case of'; and
(E) by adding at the end the following new paragraph:
`(3) ELIGIBILITY OF CERTAIN SPOUSES AND CHILDREN FOR ISSUANCE OF
IMMIGRANT VISAS-
`(A) IN GENERAL- In accordance with regulations to be promulgated by
the Attorney General and the Secretary of State, upon approval of an
application for adjustment of status to that of an alien lawfully admitted
for permanent residence under subsection (a), an alien who is the spouse
or child of the alien being granted such status may be issued a visa for
admission to the United States as an immigrant following to join the
principal applicant, if the spouse or child--
`(i) meets the requirements in paragraphs (1)(B) and (1)(D);
and
`(ii) applies for such a visa within a time period to be established
by such regulations.
`(B) RETENTION OF FEES FOR PROCESSING APPLICATIONS- The Secretary of
State may retain fees to recover the cost of immigrant visa application
processing and issuance for certain spouses and children of aliens whose
applications for adjustment of status under subsection (a) have been
approved. Such fees--
`(i) shall be deposited as an offsetting collection to any
Department of State appropriation to recover the cost of such processing
and issuance; and
`(ii) shall be available until expended for the same purposes of
such appropriation to support consular activities.';
(5) in subsection (g), by inserting `, or an immigrant classification,'
after `for permanent residence'; and
(6) by adding at the end the following new subsection:
`(i) STATUTORY CONSTRUCTION- Nothing in this section authorizes any alien
to apply for admission to, be admitted to, be paroled into, or otherwise
lawfully return to the United States, to apply for, or to pursue an
application for adjustment of status under this section without the express
authorization of the Attorney General.'.
(b) EFFECTIVE DATE- The amendments made by paragraphs (1)(D), (2), and (6)
shall be effective as if included in the enactment of the Nicaraguan and
Central American Relief Act. The amendments made by paragraphs (1) (A)-(C),
(3), (4), and (5) shall take effect on the date of enactment of this Act.
SEC. 106. TECHNICAL AMENDMENTS TO THE HAITIAN REFUGEE IMMIGRATION FAIRNESS
ACT OF 1998.
(a) IN GENERAL- Section 902 of the Haitian Refugee Immigration Fairness
Act of 1998 is amended--
(A) by inserting before the period at the end of paragraph (1)(B) the
following: `, and the Attorney General may waive the grounds of
inadmissibility specified in section 212(a) (1)(A)(i) and (6)(C) of such
Act for humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
`(2) INAPPLICABILITY OF CERTAIN PROVISIONS- In determining the
eligibility of an alien described in subsection (b) or (d) for either
adjustment of status under this section or other relief necessary to
establish eligibility for such adjustment, or for permission to reapply for
admission to the United States for the purpose of adjustment of status under
this section, the provisions of section 241(a)(5) of the Immigration and
Nationality Act shall not apply. In addition, an alien who would otherwise
be inadmissible pursuant to section 212(a)(9) (A) or (C) of such Act may
apply for the Attorney General's consent to reapply for admission without
regard to the requirement that the consent be granted prior to the date of
the alien's reembarkation at a place outside the United States or attempt to
be admitted from foreign contiguous territory, in order to qualify for the
exception to those grounds of inadmissibility set forth in section 212(a)(9)
(A)(iii) and (C)(ii) of such Act.'; and
(D) by amending paragraph (3) (as redesignated by subparagraph (B)) to
read as follows:
`(3) RELATIONSHIP OF APPLICATION TO CERTAIN ORDERS- An alien present in
the United States who has been ordered excluded, deported, removed, or
ordered to depart voluntarily from the United States under any provision of
the Immigration and Nationality Act may, notwithstanding such order, apply
for adjustment of status under paragraph (1). Such an alien may not be
required, as a condition of submitting or granting such application, to file
a separate motion to reopen, reconsider, or vacate such order. Such an alien
may be required to seek a stay of such an order in accordance with
subsection (c) to prevent the execution of that order pending the
adjudication of the application for adjustment of status. If the Attorney
General denies a stay of a final order of exclusion, deportation, or
removal, or if the Attorney General renders a final administrative
determination to deny the application for adjustment of status, the order
shall be effective and enforceable to the same extent as if the application
had not been made. If the Attorney General grants the application for
adjustment of status, the Attorney General shall cancel the order.';
(2) in subsection (b)(1), by adding at the end the following:
`Subsection (a) shall not apply to an alien lawfully admitted for permanent
residence, unless the alien is applying for such relief under that
subsection in deportation or removal proceedings.';
(3) in subsection (c)(1), by adding at the end the following: `Nothing
in this Act shall require the Attorney General to stay the removal of an
alien who is ineligible for adjustment of status under this Act.';
(A) by amending the subsection heading to read as follows: `SPOUSES,
CHILDREN, AND UNMARRIED SONS AND DAUGHTERS- ';
(B) by amending the heading of paragraph (1) to read as follows:
`ADJUSTMENT OF STATUS- ';
(C) by amending paragraph (1)(A), to read as follows:
`(A) the alien entered the United States on or before the date of
enactment of the Central American and Haitian Parity Act of
2000;';
(D) in paragraph (1)(B), by striking `except that in the case of' and
inserting the following: `except that--
`(i) in the case of such a spouse, stepchild, or unmarried stepson
or stepdaughter, the qualifying marriage was entered into before the
date of enactment of the Central American and Haitian Parity Act of
2000; and
(E) by adding at the end of paragraph (1) the following new
subparagraph:
`(E) the alien applies for such adjustment before April 3, 2003.';
and
(F) by adding at the end the following new paragraph:
`(3) ELIGIBILITY OF CERTAIN SPOUSES AND CHILDREN FOR ISSUANCE OF
IMMIGRANT VISAS-
`(A) IN GENERAL- In accordance with regulations to be promulgated by
the Attorney General and the Secretary of State, upon approval of an
application for adjustment of status to that of an alien lawfully admitted
for permanent residence under subsection (a), an alien who is the spouse
or child of the alien being granted such status may be issued a visa for
admission to the United States as an immigrant following to join the
principal applicant, if the spouse or child--
`(i) meets the requirements in paragraphs (1)(B) and (1)(D);
and
`(ii) applies for such a visa within a time period to be established
by such regulations.
`(B) RETENTION OF FEES FOR PROCESSING APPLICATIONS- The Secretary of
State may retain fees to recover the cost of immigrant visa application
processing and issuance for certain spouses and children of aliens whose
applications for adjustment of status under subsection (a) have been
approved. Such fees--
`(i) shall be deposited as an offsetting collection to any
Department of State appropriation to recover the cost of such processing
and issuance; and
`(ii) shall be available until expended for the same purposes of
such appropriation to support consular activities.';
(5) in subsection (g), by inserting `, or an immigrant classification,'
after `for permanent residence';
(6) by redesignating subsections (i), (j), and (k) as subsections (j),
(k), and (l), respectively; and
(7) by inserting after subsection (h) the following new
subsection:
`(i) STATUTORY CONSTRUCTION- Nothing in this section authorizes any alien
to apply for admission to, be admitted to, be paroled into, or otherwise
lawfully return to the United States, to apply for, or to pursue an
application for adjustment of status under this section without the express
authorization of the Attorney General.'.
(b) EFFECTIVE DATE- The amendments made by paragraphs (1)(D), (2), and (6)
shall be effective as if included in the enactment of the Haitian Refugee
Immigration Fairness Act of 1998. The amendments made by paragraphs (1)
(A)-(C), (3), (4), and (5) shall take effect on the date of enactment of this
Act.
SEC. 107. MOTIONS TO REOPEN.
(a) NATIONALS OF HAITI- Notwithstanding any time and number limitations
imposed by law on motions to reopen, a national of Haiti who, on the date of
enactment of this Act, has a final administrative denial of an application for
adjustment of status under the Haitian Refugee Immigration Fairness Act of
1998, and is made eligible for adjustment of status under that Act by the
amendments made by this title, may file one motion to reopen an exclusion,
deportation, or removal proceeding to have the application reconsidered. Any
such motion shall be filed within 180 days of the date of enactment of this
Act. The scope of any proceeding reopened on this basis shall be limited to a
determination of the alien's eligibility for adjustment of status under the
Haitian Refugee Immigration Fairness Act of 1998.
(b) NATIONALS OF CUBA- Notwithstanding any time and number limitations
imposed by law on motions to reopen, a national of Cuba or Nicaragua who, on
the date of enactment of the Act, has a final administrative denial of an
application for adjustment of status under the Nicaraguan Adjustment and
Central American Relief Act, and who is made eligible for adjustment of status
under that Act by the amendments made by this title, may file one motion to
reopen an exclusion, deportation, or removal proceeding to have the
application reconsidered. Any such motion shall be filed within 180 days of
the date of enactment of this Act. The scope of any proceeding reopened on
this basis shall be limited to a determination of the alien's eligibility for
adjustment of status under the Nicaraguan Adjustment and Central American
Relief Act.
TITLE II--RESTORATION OF SECTION 245(i) ADJUSTMENT OF STATUS
BENEFITS
SEC. 201. REMOVAL OF CERTAIN LIMITATIONS ON ELIGIBILITY FOR ADJUSTMENT OF
STATUS UNDER SECTION 245(i).
(a) IN GENERAL- Section 245(i)(1) of the Immigration and Nationality Act
(8 U.S.C. 1255(i)(1)) is amended by striking `(i)(1)' through `The Attorney
General' and inserting the following:
`(i)(1) Notwithstanding the provisions of subsections (a) and (c) of this
section, an alien physically present in the United States who--
`(A) entered the United States without inspection; or
`(B) is within one of the classes enumerated in subsection (c) of this
section;
may apply to the Attorney General for the adjustment of his or her status
to that of an alien lawfully admitted for permanent residence. The Attorney
General'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall be
effective as if included in the enactment of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act,
1998 (Public Law 105-119; 111 Stat. 2440).
SEC. 202. USE OF SECTION 245(i) FEES.
Section 245(i)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1255(i)(3)(B)) is amended to read as follows:
`(B) One-half of any remaining portion of such fees remitted under such
paragraphs shall be deposited by the Attorney General into the Immigration
Examinations Fee Account established under section 286(m), and one-half of any
remaining portion of such fees shall be deposited by the Attorney General into
the Breached Bond/Detention Fund established under section 286(r).'.
TITLE III--EXTENSION OF REGISTRY BENEFITS
SEC. 301. EXTENSION OF REGISTRY BENEFITS TO ALIENS WHO ENTERED THE UNITED
STATES PRIOR TO JANUARY 1, 1986.
(a) IN GENERAL- Section 249(a) of the Immigration and Nationality Act (8
U.S.C. 1259(a)) is amended by striking `January 1, 1972' and inserting
`January 1, 1986'.
(b) CONFORMING AMENDMENTS-
(1) SECTION HEADING- The heading of section 249 of the Immigration and
Nationality Act (8 U.S.C. 1259) is amended to read as follows:
`RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF CERTAIN ALIENS
WHO ENTERED THE UNITED STATES PRIOR TO JULY 1, 1924 OR JANUARY 1, 1986'.
(2) TABLE OF CONTENTS- The table of contents of the Immigration and
Nationality Act is amended by amending the item relating to section 249 to
read as follows:
`Sec. 249. Record of admission for permanent residence in the case of
certain aliens who entered the United States prior to July 1, 1924 or
January 1, 1986.'.
(c) EFFECTIVE DATE- The amendments made by this section shall take effect
on January 1, 2001, and the amendment made by subsection (a) shall apply to
applications to record lawful admission for permanent residence that are filed
on or after January 1, 2001.
Calendar No. 717
106th CONGRESS
2d Session
S. 2912
A BILL
To amend the Immigration and Nationality Act to remove certain limitations on
the eligibility of aliens residing in the United States to obtain lawful
permanent residency status.
July 26, 2000
Read the second time and placed on the calendar
END