[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2533 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2533

 To amend the Illegal Immigration Reform and Immigrant Responsibility 
    Act of 1996 and the Immigration and Nationality Act to clarify 
eligibility for relief from removal and deportation for certain aliens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 1997

Mr. Smith of Texas introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Illegal Immigration Reform and Immigrant Responsibility 
    Act of 1996 and the Immigration and Nationality Act to clarify 
eligibility for relief from removal and deportation for certain aliens.

    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 ``Central American Deportation Relief 
Act''.

SEC. 2. MODIFICATION OF PHYSICAL PRESENCE RULE WITH REGARD TO 
              SUSPENSION OF DEPORTATION.

    (a) In General.--Section 309(c)(5) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 
division C; 110 Stat. 3009-627)) is amended to read as follows:
            ``(5) Transitional rules with regard to suspension of 
        deportation.--
                    ``(A) Calculation of period of continuous physical 
                presence.--Paragraphs (1) and (2) of section 240A(d) of 
                the Immigration and Nationality Act (relating to 
                continuous residence or physical presence) shall apply 
                to notices to appear, or orders to show cause (referred 
                to in section 242B(a)(1) of the Immigration and 
                Nationality Act, as in effect before the title III-A 
                effective date), issued before, on, or after the date 
                of the enactment of this Act.
                    ``(B) Exception for certain orders.--In any case in 
                which the Attorney General elects to terminate and 
                reinitiate proceedings in accordance with paragraph (3) 
                of this section, paragraphs (1) and (2) of section 
                240A(d) of the Immigration and Nationality Act shall 
                not apply to an order to show cause issued before April 
                1, 1997.
                    ``(C) Special rule for certain aliens granted 
                temporary protection from deportation.--
                            ``(i) In general.--For purposes of 
                        calculating the period of continuous physical 
                        presence under section 244(a) of the 
                        Immigration and Nationality Act (as in effect 
                        before the title III-A effective date) or 
                        section 240A of such Act (as in effect after 
                        the title III-A effective date), such period is 
                        deemed to terminate on April 1, 1997, in the 
                        case of an alien who demonstrates that the 
                        alien has not been convicted at any time of an 
                        aggravated felony (as defined in section 101(a) 
                        of the Immigration and Nationality Act); has 
                        not been apprehended while attempting to enter 
                        the United States unlawfully after December 12, 
                        1990; and is--
                                    ``(I) a Salvadoran national who 
                                first entered the United States on or 
                                before September 19, 1990; who 
                                registered for benefits pursuant to the 
                                settlement agreement in American 
                                Baptist Churches, et al. v. Thornburgh 
                                (ABC), 760 F. Supp. 796 (N.D. Cal. 
                                1991) on or before October 31, 1991, or 
                                applied for temporary protected status 
                                on or before October 31, 1991; and who 
                                applied for asylum under section 208 of 
                                the Immigration and Nationality Act on 
                                or before February 16, 1996;
                                    ``(II) a Guatemalan national who 
                                first entered the United States on or 
                                before October 1, 1990; who registered 
                                for benefits pursuant to such 
                                settlement agreement on or before 
                                December 31, 1991; and who applied for 
                                asylum under section 208 of the 
                                Immigration and Nationality Act on or 
                                before January 3, 1995; or
                                    ``(III) a Nicaraguan national who 
                                first entered the United States on or 
                                before April 1, 1990.
                            ``(ii) Motions to reopen deportation 
                        proceedings.--Any alien found ineligible for 
                        suspension of deportation prior to July 10, 
                        1997, solely on the basis of this paragraph (as 
                        in effect prior to the effective date of the 
                        Central American Deportation Relief Act), and 
                        who claims eligibility for suspension of 
                        deportation as a result of the amendments made 
                        by section 101 of such Act, may, 
                        notwithstanding any other limitations imposed 
                        by law on motions to reopen, file one motion to 
                        reopen deportation proceedings to apply for 
                        suspension of deportation. The Attorney General 
                        shall designate a specific time period in which 
                        all such motions to reopen are required to be 
                        filed. The period shall begin not later than 60 
                        days after the date of the enactment of the 
                        Central American Deportation Relief Act and 
                        shall extend for a period not to exceed 180 
                        days.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 
110 Stat. 3009-546).

SEC. 3. MODIFICATION OF HARDSHIP RULE WITH REGARD TO SUSPENSION OF 
              DEPORTATION.

    (a) In General.--Section 309(c) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (Public Law 104-208; division 
C; 110 Stat. 3009-625)), as amended by section 1, is further amended by 
adding at the end the following:
            ``(8) Transitional rule with regard to suspension of 
        deportation hardship standard.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and notwithstanding paragraphs (1) and 
                (2) of section 244(a) of the Immigration and 
                Nationality Act (as in effect before the title III-A 
                effective date), section 240A(b)(1)(D) of the 
                Immigration and Nationality Act shall apply to an 
                alien--
                            ``(i) whose application for suspension of 
                        deportation was filed in deportation 
                        proceedings that were commenced before the 
                        title III-A effective date; and
                            ``(ii) on which application no final 
                        administrative action was taken prior to the 
                        date of the enactment of the Central American 
                        Deportation Relief Act.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to any alien described in paragraph (5)(C)(i).''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 4. OFFSET FOR LIMITATION ON CANCELLATIONS OF REMOVAL AND 
              SUSPENSIONS OF DEPORTATION.

    (a) Annual limitation.--Section 240A(e) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(e)) is amended to read as follows:
    ``(e) Annual Limitation.--
            ``(1) Aggregate limitation.--Subject to paragraphs (2) and 
        (3), the Attorney General may not cancel the removal and adjust 
        the status under this section, nor suspend the deportation and 
        adjust the status under section 244(a) (as in effect before the 
        enactment of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996), of a total of more than 4,000 
        aliens in any fiscal year. The previous sentence shall apply 
        regardless of when an alien applied for such cancellation and 
        adjustment, or such suspension and adjustment, and whether such 
        an alien had previously applied for suspension of deportation 
        under such section 244(a). The numerical limitation under this 
        paragraph shall apply to the aggregate number of decisions in 
        any fiscal year to cancel the removal (and adjust the status) 
        of an alien, or suspend the deportation (and adjust the status) 
        of an alien, under this section or such section 244(a).
            ``(2) Fiscal year 1997.--For fiscal year 1997, paragraph 
        (1) shall only apply to decisions to cancel the removal of an 
        alien, or suspend the deportation of an alien, made after April 
        1, 1997.
            ``(3) Offset for decisions in excess of aggregate 
        limitation.--In fiscal year 1998 and subsequent fiscal years, 
        and with respect only to aliens described in section 
        309(c)(5)(C) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (as amended by the Central American 
        Deportation Relief Act), the Attorney General may elect to 
        exceed the aggregate numerical limitation under paragraph (1) 
        by a number not greater than 10,000. For each such alien 
        granted cancellation of removal or suspension of deportation in 
        excess of 4,000 in such a fiscal year, the Attorney General 
        shall reduce by 1, during the next following fiscal year, the 
        total number of immigrant visas that are made available under 
        section 203(b)(3)(A)(iii).''.
    (b) Cancellation of Removal and Adjustment of Status for Certain 
Nonpermanent Residents.--Section 240A(b) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)) is amended in each of paragraphs 
(1) and (2) by striking ``may cancel removal in the case of an alien'' 
and inserting ``may cancel removal of, and adjust to the status of an 
alien lawfully admitted for permanent residence, an alien''.
    (c) Recordation of Date.--Section 240A(b)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(3)) is amended to read as follows:
            ``(3) Recordation of date.--With respect to aliens who the 
        Attorney General adjusts to the status of an alien lawfully 
        admitted for permanent residence under paragraph (1) or (2), 
        the Attorney General shall record the alien's lawful admission 
        for permanent residence as of the date of the Attorney 
        General's cancellation of removal under paragraph (1) or 
        (2).''.
    (d) April 1 Effective Date for Aggregate Limitation.--Section 
309(c)(7) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 
3009-627)) is amended to read as follows:
            ``(7) Limitation on suspension of deportation.--After April 
        1, 1997, the Attorney General may not suspend the deportation 
        and adjust the status under section 244 of the Immigration and 
        Nationality Act (as in effect before the title III-A effective 
        date) of any alien in any fiscal year, except in accordance 
        with section 240A(e) of such Act. The previous sentence shall 
        apply regardless of when an alien applied for such suspension 
        and adjustment.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 
110 Stat. 3009-546).
                                 <all>