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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
(4) in subsection (d)--
(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 ____12 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 ____12 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--
(1) in subsection (a)--
(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.'';
(4) in subsection (d)--
(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--
(1) in subsection (a)--
(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
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