[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3054 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 3054

 To adjust the immigration status of certain nationals of El Salvador, 
 Guatemala, and Haiti, to amend the Immigration and Nationality Act to 
  eliminate the special rule relating to termination of the period of 
continuous physical presence for cancellation of removal, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 1997

  Mr. Gutierrez (for himself, Mr. Becerra, Mrs. Meek of Florida, Mr. 
   Hinojosa, Mr. Rodriguez, Ms. Roybal-Allard, Ms. Sanchez, and Ms. 
   Waters) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To adjust the immigration status of certain nationals of El Salvador, 
 Guatemala, and Haiti, to amend the Immigration and Nationality Act to 
  eliminate the special rule relating to termination of the period of 
continuous physical presence for cancellation of removal, and for other 
                               purposes.

    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 ``Equal Justice for Immigrants Act''.

SEC. 2. ADJUSTMENT OF STATUS OF THE ABC CLASS AND CERTAIN SALVADORANS, 
              GUATEMALANS, AND HAITIANS.

    (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) of this Act shall be adjusted by 
        the Attorney General to that of an alien lawfully admitted for 
        permanent resident, if the alien--
                    (A) applies for such adjustment before April 1, 
                2000; 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), (5), (6)(A), (7)(A), and (9)(B) 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 separate motion to reopen, reconsider, 
        or vacate such 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 is physically 
present in the United States on the date the application is filed and 
is--
            (1) 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), 760F. Supp. 796 
        (N.D. Cal. 1991) on or before October 31, 1991;
            (2) a Guatemalan national who first entered the United 
        States on or before October 1, 1990, and who registered for 
        benefits pursuant to such settlement agreement on or before 
        December 31, 1991;
            (3) a Salvadoran or Guatemalan national who filed an 
        application for asylum with the Immigration and Naturalization 
        Service on or before April 1, 1990; or
            (4) a Haitian national--
                    (A) who has been physically present in the United 
                States for at least 1 year; and
                    (B) who--
                            (i) was physically present in the United 
                        States on December 31, 1995;
                            (ii) filed for asylum before December 31, 
                        1995; or
                            (iii) was paroled into the United States--
                                    (I) prior to December 31, 1995, 
                                after having been identified as having 
                                a credible fear of persecution; or
                                    (II) for emergent reasons or 
                                reasons deemed strictly in the public 
                                interest.
    (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 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 issue a final order of removal against an 
        alien, 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.
            (3) Work authorization.--The Attorney General may authorize 
        an alien who has applied for adjustment of status 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 if such application is pending for a period exceeding 
        180 days, and has not been denied, the Attorney General shall 
        authorize such employment.
    (d) Adjustment of Status for Spouses and Children.--Notwithstanding 
section 245(c) of the Immigration and Nationality Act, the status of an 
alien shall be adjusted by the Attorney General to that of an alien 
lawfully admitted for permanent residence, if--
            (1) the alien is a national of El Salvador, Guatemala, or 
        Haiti;
            (2) the alien is the spouse, child, or unmarried son or 
        daughter, of an alien whose status is adjusted to that of an 
        alien lawfully admitted for permanent residence under 
        subsection (a);
            (3) the alien applies for such adjustment and is physically 
        present in the United States on the date the application is 
        filed; and
            (4) the alien is otherwise admissible to the United States 
        for permanent residence, except in determining such 
        admissibility the grounds for inadmissibility specified in 
        paragraphs (4), (5), (6)(A), (7)(A), and 9(B) of section 212(a) 
        of the Immigration and Nationality Act shall not apply.
    (e) 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.
    (f) Judicial Review.--A determination by the Attorney General as to 
whether the status of any alien should be adjusted under this section 
is subject to judicial review in accordance with chapter 7 of title 5, 
United States Code.
    (g) 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.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the 
definitions contained in the Immigration and Nationality Act shall 
apply in the administration of this section. Nothing contained in this 
section shall be held to repeal, amend, alter, modify, affect, 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. AMENDMENTS TO NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF 
              ACT.

    (a) Elimination of Limitations on Judicial Review.--
            (1) Adjustment of status of certain nicaraguans and 
        cubans.--Section 202(f) of the Nicaraguan Adjustment and 
        Central American Relief Act is amended to read as follows:
    ``(f) Judicial Review.--A determination by the Attorney General as 
to whether the status of any alien should be adjusted under this 
section is subject to judicial review in accordance with chapter 7 of 
title 5, United States Code.''.
            (2) Special rule for certain aliens granted temporary 
        protection from deportation.--Section 309(c)(5)(C)(ii) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996, as added by section 203(a)(1) of the Nicaraguan 
        Adjustment and Central American Relief Act, is amended to read 
        as follows:
                            ``(ii) Judicial review.--A determination by 
                        the Attorney General as to whether an alien 
                        satisfies the requirements of clause (i) is 
                        subject to judicial review in accordance with 
                        chapter 7 of title 5, United States Code. 
                        Nothing in the preceding sentence shall be 
                        construed as limiting the application of 
                        section 242(a)(2)(B) of the Immigration and 
                        Nationality Act (as in effect after the title 
                        III-A effective date) to other eligibility 
                        determinations pertaining to discretionary 
                        relief under this Act.''.
    (b) Elimination of Temporary Reductions in Visas.--Section 203 of 
the Nicaraguan Adjustment and Central American Relief Act is amended--
            (1) by striking subsections (d) and (e); and
            (2) by redesignating subsection (f) as subsection (d).
    (c) Effective Date.--The amendments made by this section--
            (1) shall take effect upon the enactment of the Nicaraguan 
        Adjustment and Central American Relief Act; and
            (2) shall be effective as if included in the enactment of 
        such Act.
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