Home > 106th Congressional Bills > H.R. 606 (ih) To amend titles 5, 10, and 38, United States Code, to make improvements [Introduced in House] ...H.R. 606 (ih) To amend titles 5, 10, and 38, United States Code, to make improvements [Introduced in House] ...
108th CONGRESS
1st Session
H. R. 605
To provide for permanent resident status for any alien orphan
physically present in the United States who is less than 12 years of
age and to provide for deferred enforced departure status for any alien
physically present in the United States who is the natural and legal
parent of a child born in the United States who is less than 18 years
of age.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2003
Mr. Owens introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for permanent resident status for any alien orphan
physically present in the United States who is less than 12 years of
age and to provide for deferred enforced departure status for any alien
physically present in the United States who is the natural and legal
parent of a child born in the United States who is less than 18 years
of age.
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 ``Alien Child Protection and Deferred
Enforced Departure Family Unity Act of 2003''.
SEC. 2. PERMANENT RESIDENT STATUS FOR ANY ALIEN ORPHAN WHO IS
PHYSICALLY PRESENT IN THE UNITED STATES AND IS LESS THAN
12 YEARS OF AGE.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) shall be adjusted by the Attorney
General to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment; and
(B) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (6)(A), (7)(A), and (9) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) 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 on submitting or granting such
application, to file a motion to reopen, reconsider, or vacate
such order. If the Attorney General grants the application, the
Attorney General shall cancel the order. If the Attorney
General renders a final administrative decision to deny the
application, the order shall be effective and enforceable to
the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) at the time of application has not attained the age of
12 years;
(2) is physically present in the United States; and
(3) has no living legally-recognized parent.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal or exclusion to seek a stay of such order based on
the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(d) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(e) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(f) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted the status of having been lawfully admitted
for permanent residence under this section shall not preclude the alien
from seeking such status under any other provision of law for which the
alien may be eligible.
SEC. 3. DEFERRED ENFORCED DEPARTURE FOR ANY ALIEN NATURAL AND LEGAL
PARENT OF A CHILD BORN IN THE UNITED STATES WHO IS LESS
THAN 18 YEARS OF AGE.
(a) Deferred Enforced Departure.--
(1) In general.--Notwithstanding the Immigration and
Nationality Act, the removal or enforced departure any alien
described in subsection (b) shall be deferred by the Attorney
General during any period in which the alien is the natural and
legal parent of a child born in the United States who has not
attained the age of 18 years, if the alien applies for such
deferral.
(2) 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
deferral of enforced departure under paragraph (1). Such an
alien may not be required, as a condition on submitting or
granting such application, to file a motion to reopen,
reconsider, or vacate such order. If the Attorney General
grants the application, the Attorney General shall cancel the
order. If the Attorney General renders a final administrative
decision to deny the application, the order shall be effective
and enforceable to the same extent as if the application had
not been made.
(b) Aliens Eligible for Deferred Enforced Departure.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) is physically present in the United States; and
(2) is the natural and legal parent of a child born in the
United States who has not attained the age of 18 years.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal or exclusion to seek a stay of such order based on
the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(d) Availability of Administrative Review.--The Attorney General
shall provide to applicants for deferred enforced departure under
subsection (a) the same right to, and procedures for, administrative
review as are provided to aliens subject to removal proceedings under
section 240 of such Act.
(e) Work Authorization.--
(1) During application process.--The Attorney General may
authorize an alien who has applied for deferred enforced
departure under subsection (a) to engage in employment in the
United States during the pendency of such application and may
provide the alien with an ``employment authorized'' endorsement
or other appropriate document signifying authorization of
employment, except that if such application is pending for a
period exceeding 180 days, and has not been denied, the
Attorney General shall authorize such employment.
(2) During deferred enforced departure period.--The
Attorney General shall authorize an alien who is granted
deferred enforced departure under subsection (a) to engage in
employment in the United States during any period in which
deferred enforced departure applies.
(f) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted deferred enforced departure status under this
section shall not preclude the alien from seeking immigration status
under any other provision of law for which the alien may be eligible.
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