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108th CONGRESS
1st Session
H. R. 200
To revise various provisions of the Immigration and Nationality Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 7, 2003
Mr. Gutierrez introduced the following bill; which was referred to the
Committee on the Judiciary
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A BILL
To revise various provisions of the Immigration and Nationality Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES TO IMMIGRATION AND NATIONALITY ACT.
(a) Short Title.--This Act may be cited as the ``U.S. Employee,
Family Unity, and Legalization Act''.
(b) References to Immigration and Nationality Act.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Immigration and Nationality
Act.
SEC. 2. CHANGE OF ENTRY DATE INTO THE UNITED STATES FOR PURPOSES OF A
RECORD OF ADMISSION FOR PERMANENT RESIDENCE FOR CERTAIN
ALIENS.
(a) In General.--Section 249 (8 U.S.C. 1259) is amended--
(1) in the section heading, by striking ``january 1, 1972''
and inserting ``january 1, 1998''; and
(2) in subsection (a), by striking ``January 1, 1972;'' and
inserting ``January 1, 1998;''.
(b) Clerical Amendment.--The table of sections is amended in the
item relating to section 249 by striking ``who entered the United
States prior to January 1, 1972''.
(c) Extension of Date of Registry.--
(1) Period beginning january 1, 2005.--Beginning on January
1, 2005, section 249 (8 U.S.C. 1259) is amended by striking
``January 1, 1998'' each place it appears and inserting
``January 1, 1999''.
(2) Period beginning january 1, 2006.--Beginning on January
1, 2006, section 249 is amended by striking ``January 1, 1999''
each place it appears and inserting ``January 1, 2000''.
(3) Period beginning january 1, 2007.--Beginning on January
1, 2001, section 249 is amended by striking ``January 1, 2000''
each place it appears and inserting ``January 1, 2001''.
(4) Period beginning january 1, 2008.--Beginning on January
1, 2008, section 249 is amended by striking ``January 1, 2001''
each place it appears and inserting ``January 1, 2002''.
(5) Period beginning january 1, 2009.--Beginning on January
1, 2009, section 249 is amended by striking ``January 1, 2002''
each place it appears and inserting ``January 1, 2003''.
(d) Violations Incidental to Undocumented Status and
Confidentiality of Information.--Section 249 is further amended--
(1) by redesignating subsections (a), (b), (c), and (d) as
paragraphs (1), (2), (3), and (4), respectively;
(2) by inserting ``(a)'' after ``249.''; and
(3) by adding at the end the following new subsections:
``(b) Violations Incidental to Undocumented Status.--
``(1) Impact of violations incidental to legal status.--
``(A) Violations of the provisions listed in
subparagraph (B) shall not adversely affect an
application for an immigration benefit or status under
this Act.
``(B) The provisions referred to in subparagraph
(A) are section 274C of the Immigration and Nationality
Act, sections 1001 and 1546 of title 18, United States
Code, and sections 408(a)(6) and 408(a)(7) of title 42,
United States Code.
``(2) Applicability of ground of inadmissibility.--The
grounds of inadmissibility specified in paragraph (6)(F) of
section 212(a) shall not apply to an application for an
immigration benefit or status under this Act.
``(c) Confidentiality of Information.--
``(1) Neither the Attorney General, nor any other official
or employee of the Department of Justice, or any bureau or
agency thereof, may--
``(A) use the information furnished pursuant to an
application filed under this section for any purpose
other than to make a determination on the application
or for enforcement of subsection (d);
``(B) make any publication whereby the information
furnished by any particular individual can be
identified; or
``(C) permit anyone other than the sworn officers
and employees of the Department or bureau or agency or,
with respect to applications filed with a designated
entity, that designated entity, to examine individual
applications.
``(2) Anyone who uses, publishes, or permits information to
be examined in violation of paragraph (1) shall be fined in
accordance with title 18, United States Code, or imprisoned not
more than five years, or both.
``(d) Penalties for False Statements in Applications.--Whoever
files an application for adjustment of status under this section and
knowingly and willfully falsifies, misrepresents, conceals, or covers
up a material fact or makes any false, fictitious, or fraudulent
statements or representations, or makes or uses any false writing or
document knowing the same to contain any false, fictitious, or
fraudulent statement or entry, shall be fined in accordance with title
18, United States Code, or imprisoned not more than five years, or
both.''.
(e) Correction of Social Security Records.--Section 208(d)(1) of
the Social Security Act (42 U.S.C. 408(d)(1)) is amended--
(1) in subparagraph (B), by inserting after clause (ii) the
following new clause:
``(iii) pursuant to the ``U.S. Employee,
Family Unity, and Legalization Act, or''; and
(2) in subparagraph (C), by striking ``60 days after the
date of enactment of the Omnibus Budget Reconciliation Act of
1990,'' and inserting ``the date the alien obtains lawful
permanent resident status or within 60 days after the alien
obtains such status.''.
SEC. 3. ELIMINATION OF RETROACTIVE APPLICATION OF CERTAIN PROVISIONS OF
THE IMMIGRATION AND NATIONALITY ACT.
(a) Cancellation of Removal.--Section 240A (8 U.S.C. 1229b) is
amended by adding at the end the following new subsection:
``(f) Application of Law.--Notwithstanding any other provision of
this section, an alien who committed an offense that was a ground for
deportation or exclusion prior to April 1, 1997, shall have the law in
effect at the time of the offense apply with respect to any application
for relief from deportation or exclusion on that ground. For purposes
of determining eligibility for such relief, such alien shall be
credited with any periods of residency in the United States that the
alien has accrued without regard to whether or not the residency
occurred after the commission of the offense or service of a notice to
appear under section 239(a).''.
(b) Application of Aggravated Felony Definition.--The last sentence
of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended to read as
follows: ``The term shall not apply to any offense that was not covered
by the term on the date on which the offense occurred.''.
(c) Grounds of Deportability.--Section 237 (8 U.S.C. 1227) is
amended by adding at the end the following new subsection:
``(d) Notwithstanding any other provision of this section, an alien
is not deportable or removable by reason of committing any offense that
was not a ground of deportability on the date the offense occurred.''.
(d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is
amended--
(1) by redesignating the subsection (p) added by section
1505(f) of Public Law 106-386 (114 Stat. 1526) as a subsection
(s); and
(2) by adding at the end the following new subsection:
``(t)(1) Notwithstanding any other provision of this section, an
alien is not inadmissible by reason of committing any offense that was
not a ground of inadmissibility on the date the offense occurred.
``(2) Any alien who applied for admission to the United States or
adjustment of status to that of an alien lawfully admitted for
permanent residence prior to April 1, 1997, and was inadmissible under
subsection (a)(6)(C), shall be eligible for the relief available
(including any waiver of inadmissibility) at the time the application
was filed.''.
(e) Prospective Effective Dates.--
(1) Illegal immigration reform and immigrant responsibility
act.--Notwithstanding any other provision of law, the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996,
and the amendments made by that Act, shall apply only to
persons seeking admission, or who became removable, on or after
April 1, 1997, as the case may be.
(2) Antiterrorism and effective death penalty act of
1996.--Notwithstanding any other provision of law, title IV of
the Antiterrorism and Effective Death Penalty Act of 1996, and
the amendments made by that title, shall only apply to persons
seeking admission, or who become removable, on or after April
24, 1996.
(3) Reinstatement of removal orders.--Section 241(a)(5) (8
U.S.C. 1231(a)(5)) is repealed, and such repeal shall apply to
all proceedings pending at any stage as of the date of
enactment of this Act and to all cases brought on or after such
date.
SEC. 4. RESTORATION OF PROPORTIONALITY TO GROUNDS OF REMOVAL.
(a) Definition of Crimes Involving Moral Turpitude.--Section
237(a)(2)(A)(i) (8 U.S.C. 1227(a)(2)(A)(i)) is amended to read as
follows:
``(i) Crimes of moral turpitude.--Any alien who is
convicted of a crime involving moral turpitude
committed within five years after the date of
admissions (or 10 years in the case of an alien
provided lawful permanent residence status under
section 245(j)) for which the alien is confined in a
prison or correctional institution for more than one
year, is deportable.''.
(b) Definition of Aggravated Felony.--Section 101(a)(43) (8 U.S.C.
1101(a)(43)) is amended--
(1) in subparagraphs (F), (G), (J), (R), and (S), by
striking ``one year'' each place it appears and inserting
``five years'';
(2) by amending subparagraph (N) (8 U.S.C. 1101(a)(43)(N))
to read as follows:
``(N) an offense described in section 274(a)(1) (relating
to alien smuggling) for the purpose of commercial advantage.'';
(3) in subparagraph (P)(ii) (8 U.S.C. 1101(a)(43)(P)(ii)),
by striking ``child'' and inserting ``son or daughter'';
(4) in subparagraph (T), by striking ``2 years''' and
inserting ``5 years'''; and
(5) by adding at the end of section 101(a)(43) the
following: ``No crime shall be deemed to be an aggravated
felony if the underlying conviction is a misdemeanor or if the
sentence imposed is not in excess of one year.''.
(c) Effective Date.--The amendments made by this section shall
apply to convictions entered before, on, or after the date of enactment
of this Act.
(d) Conviction Defined.--Section 101(a)(48)(A) (8 U.S.C.
1101(a)(48)(A)) is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively;
(2) by striking ``(48)(A) The term'' and inserting
``(48)(A)(i) Except as provided in clause (ii), the term''; and
(3) by adding at the end the following:
``(ii) For purposes of determinations under this Act, the term
`conviction' does not include any Federal, State, or foreign guilty
plea or other record of guilt or conviction that has been expunged,
dismissed, canceled, vacated, discharged or otherwise removed, or any
Federal, State, or foreign deferred adjudication, adjudication of guilt
withheld, order of probation without entry of judgment, or similar
disposition.''.
(e) Definition of Term of Imprisonment.--Section 101(a)(48)(B) (8
U.S.C. 1101(a)(48)(B)) is amended to read as follows:
``(B) Any reference to a term of imprisonment or a sentence with
respect to an offense is deemed to include the period of incarceration
or confinement ordered by a court of law excluding any period of the
suspension of the imposition or execution of that imprisonment or
sentence in whole or in part.''.
(f) Conforming Amendments.--
(1) Ground of inadmissibility.--Section 212(a)(6)(E) (8
U.S.C. 1182(a)(6)(E)) is amended--
(A) in clause (i), by inserting ``and for
commercial advantage'' after ``knowingly'';
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause (ii).
(2) Ground of deportability.--Section 237(a)(1)(E) (8
U.S.C. 1227(a)(1)(E)) is amended--
(A) in clause (i), by inserting ``and for
commercial advantage'' after ``knowingly'';
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause (ii).
SEC. 5. ELIMINATION OF PROHIBITION ON ADMISSION FOR ALIENS WHO HAVE
BEEN UNLAWFULLY PRESENT IN THE UNITED STATES.
(a) In General.--Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is
amended--
(1) by striking subparagraph (B); and
(2) by redesignating subparagraph (C) as subparagraph (B).
(b) Conforming Amendments.--Section 248 (8 U.S.C. 1258) is amended
by striking ``and who is not inadmissible under section 212(a)(9)(B)(i)
(or whose inadmissibility under such section is waived under section
212(a)(9)(B)(v))''.
SEC. 6. VISA FOR CERTAIN SPOUSES AND CHILDREN OF CITIZENS AND PERMANENT
RESIDENTS TEMPORARILY WAITING FOR VISA NUMBERS.
(a) In General.--Section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)) is
amended to read as follows:
``(V) subject to section 214(o), an alien (other than one
coming for the purpose of study or of performing skilled or
unskilled labor or as a representative of foreign press, radio,
film, or other foreign information media coming to engage in
such vocation) who is the beneficiary of a petition approved
under--
``(i) section 204 (excluding the provisions of such
section referred to in clause (ii)) for classification
by reason of a relationship described in section
203(a)(2)(A) with an alien lawfully admitted for
permanent residence, who is awaiting the availability
of an immigrant visa based upon such approval, and who
seeks to enter the United States to achieve family
unity by joining the permanent resident alien in the
United States; or
``(ii) clause (iii), (iv), or (v) of section
204(a)(1)(A) or clause (ii), (iii), or (iv) of section
204(a)(1)(B) and who is awaiting the availability of an
immigrant visa based upon such approval.''.
(b) Conforming Amendments.--Section 214 (8 U.S.C. 1184) is
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