[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1504 Reported in Senate (RS)]






                                                       Calendar No. 343
105th CONGRESS
  2d Session
                                S. 1504

To adjust the immigration status of certain Haitian nationals who were 
                 provided refuge in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 9, 1997

   Mr. Graham (for himself, Mr. Mack, Mr. Kennedy, Mr. Abraham, Ms. 
Moseley-Braun, Mr. Moynihan, Mr. Durbin, Mr. Kerry, Mrs. Feinstein, and 
 Mr. D'Amato) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                             April 23, 1998

 Reported by Mr. Hatch, with an amendment in the nature of a substitute
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To adjust the immigration status of certain Haitian nationals who were 
                 provided refuge in the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Haitian Refugee Immigration 
Fairness Act of 1997''.</DELETED>

<DELETED>SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN 
              NATIONALS.</DELETED>

<DELETED>    (a) Adjustment of Status.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) applies for such adjustment before 
                April 1, 2000; and</DELETED>
                <DELETED>    (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), and (7)(A) of section 212(a) of the Immigration 
                and Nationality Act shall not apply.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Aliens Eligible for Adjustment of Status.--The 
benefits provided by subsection (a) shall apply to any alien who is a 
national of Haiti--</DELETED>
        <DELETED>    (1) who filed for asylum before December 31, 1995, 
        or was paroled into the United States prior to December 31, 
        1995, after having been identified as having a credible fear of 
        persecution, or paroled for emergent reasons or reasons deemed 
        strictly in the public interest, and</DELETED>
        <DELETED>    (2) has been physically present in the United 
        States for at least 1 year and is physically present in the 
        United States on the date the application for such adjustment 
        is filed, except an alien shall not be considered to have 
        failed to maintain continuous physical presence by reason of an 
        absence, or absences, from the United States for any periods in 
        the aggregate not exceeding 180 days.</DELETED>
<DELETED>    (c) Stay of Removal.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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 that if such application is pending for a 
        period exceeding 180 days, and has not been denied, the 
        Attorney General shall authorize such employment.</DELETED>
<DELETED>    (d) Adjustment of Status for Spouses and Children.--
</DELETED>
        <DELETED>    (1) In general.--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--</DELETED>
                <DELETED>    (A) the alien is a national of 
                Haiti;</DELETED>
                <DELETED>    (B) 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), except that 
                in the case of such an unmarried son or daughter, the 
                son or daughter shall be required to establish that 
                they have been physically present in the United States 
                for at least 1 year and is physically present in the 
                United States on the date the application for such 
                adjustment is filed.</DELETED>
                <DELETED>    (C) the alien applies for such adjustment 
                and is physically present in the United States on the 
                date the application is filed; and</DELETED>
                <DELETED>    (D) the alien is otherwise eligible to 
                receive an immigration visa and is otherwise admissible 
                to the United States for permanent residence, except in 
                determining such admissibility the grounds for 
                exclusion specified in paragraphs (4), (5), (6)(A), and 
                (7)(A) of section 212(a) of the Immigration and 
                Nationality Act shall not apply.</DELETED>
        <DELETED>    (2) Proof of continuous presence.--For purposes of 
        establishing the period of continuous physical presence 
        referred to in paragraph (1)(B), an alien shall not be 
        considered to have failed to maintain continuous physical 
        presence by reason of an absence, or absences, from the United 
        States for any periods in aggregate not exceeding 180 
        days.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) applicants for adjustment of status under 
        section 245 of the Immigration and Nationality Act; 
        or</DELETED>
        <DELETED>    (2) aliens subject to removal proceedings under 
        section 240 of such Act.</DELETED>
<DELETED>    (f) Limitation on Judicial Review.--A determination by the 
Attorney General as to whether the status of any alien should be 
adjusted under this section is final and shall not be subject to review 
by any court.</DELETED>
<DELETED>    (g) No Offset in Number of Visas Available.--When an alien 
is granted the status of having been lawfully admitted for permanent 
resident 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.</DELETED>
<DELETED>    (h) 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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Haitian Refugee Immigration Fairness 
Act of 1998''.

SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS.

    (a) Adjustment of Status.--
            (1) In general.--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 before April 1, 
                2000; and
                    (B) is otherwise admissible to the United States 
                for permanent residence, except that, 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 grants the 
        application, the Attorney General shall cancel the order. If 
        the Attorney General makes a final 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 a national 
of Haiti who--
            (1) was present in the United States on December 31, 1995, 
        who--
                    (A) filed for asylum before December 31, 1995,
                    (B) was paroled into the United States prior to 
                December 31, 1995, after having been identified as 
                having a credible fear of persecution, or paroled for 
                emergent reasons or reasons deemed strictly in the 
                public interest, or
                    (C) was a child (as defined in the text above 
                subparagraph (A) of section 101(b)(1) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(b)(1) at 
                the time of arrival in the United States and on 
                December 31, 1995, and who--
                            (i) arrived in the United States without 
                        parents in the United States and has remained 
                        without parents in the United States since such 
                        arrival,
                            (ii) became orphaned subsequent to arrival 
                        in the United States, or
                            (iii) was abandoned by parents or guardians 
                        prior to April 1, 1998 and has remained 
                        abandoned since such abandonment; and
            (2) has been physically present in the United States for a 
        continuous period beginning not later than December 31, 1995, 
        and ending not earlier than the date the application for such 
        adjustment is filed, except that an alien shall not be 
        considered to have failed to maintain continuous physical 
        presence by reasons of an absence or absences, from the United 
        States for any period or periods amounting in the aggregate to 
        not more than 180 days.
    (c) Stay of Removal.--
            (1) In general.--The Attorney General shall provide by 
        regulation for an alien who is 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 has applied for 
adjustment of status under subsection (a), except where the Attorney 
General has made a final 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 that 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.--
            (1) In general.--The status of an alien shall be adjusted 
        by the Attorney General to that of an alien lawfully admitted 
        for permanent residence, if--
                    (A) the alien is a national of Haiti;
                    (B) 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), except that, in the 
                case of such an unmarried son or daughter, the son or 
                daughter shall be required to establish that he or she 
                has been physically present in the United States for a 
                continuous period beginning not later than December 31, 
                1995, and ending not earlier than the date the 
                application for such adjustment is filed;
                    (C) the alien applies for such adjustment and is 
                physically present in the United States on the date the 
                application is filed; and
                    (D) the alien is otherwise admissible to the United 
                States for permanent residence, except that, 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) Proof of continuous presence.--For purposes of 
        establishing the period of continuous physical presence 
        referred to in paragraph (1)(B), an alien shall not be 
        considered to have failed to maintain continuous physical 
        presence by reason of an absence, or absences, from the United 
        States for any period or periods amounting in the aggregate to 
        not more than 180 days.
    (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) Limitation on Judicial Review.--A determination by the Attorney 
General as to whether the status of any alien should be adjusted under 
this section is final and shall not be subject to review by any court.
    (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 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. COLLECTION OF DATA ON DETAINED ASYLUM SEEKERS.

    (a) In general.--The Attorney General shall regularly collect data 
on a nationwide basis with respect to asylum seekers in detention in 
the United States, including the following information:
            (1) The number of detainees.
            (2) An identification of the countries of origin of the 
        detainees.
            (3) The percentage of each gender within the total number 
        of detainees.
            (4) The number of detainees listed by each year of age of 
        the detainees.
            (5) The location of each detainee by detention facility.
            (6) With respect to each facility where detainees are held, 
        whether the facility is also used to detain criminals and 
        whether any of the detainees are held in the same cells as 
        criminals.
            (7) The number and frequency of the transfers of detainees 
        between detention facilities.
            (8) The average length of detention and the number of 
        detainees by category of the length of detention.
            (9) The rate of release from detention of detainees for 
        each district of the Immigration and Naturalization Service.
            (10) A description of the disposition of cases.
    (b) Annual Reports.--Beginning October 1, 1999, and not later than 
October 1 of each year thereafter, the Attorney General shall submit to 
the Committee on the Judiciary of each House of Congress a report 
setting forth the data collected under subsection (a) for the fiscal 
year ending September 30 of that year.
    (c) Availability to Public.--Copies of the data collected under 
subsection (a) shall be made available to members of the public upon 
request pursuant to such regulations as the Attorney General shall 
prescribe.

SEC. 4. COLLECTION OF DATA ON OTHER DETAINED ALIENS.

    (a) In General.--The Attorney General shall regularly collect data 
on a Nationwide basis on other aliens being detained in the United 
States by the Immigration and Naturalization Service, including the 
following information:
            (1) The number of detainees who are criminal aliens and the 
        number of detainees who are noncriminal aliens who are not 
        seeking asylum;
            (2) An identification of the ages, gender, and countries of 
        origin of detainees within each of these categories; and
            (3) The types of facilities, whether INS or other Federal, 
        State, or local facilities, in which each of these categories 
        of detainees are held.
    (b) Length of Detention, Transfers, and Dispositions.--With respect 
to detainees who are criminal aliens and detainees who are noncriminal 
aliens who are not seeking asylum, the Attorney General shall also 
collect data concerning--
            (1) the number and frequency of transfers between detention 
        facilities for each category of detainee;
            (2) the average length of detention of each category of 
        detainee;
            (3) for each category of detainee, the number of detainees 
        who have been detained for the same length of time, in three-
        month increments;
            (4) for each category of detainee, the rate of release from 
        detention for each district of the Immigration and 
        Naturalization Service; and
            (5) for each category of detainee, the disposition of 
        detention, including whether detention ended due to 
        deportation, release on parole, or any other release.
    (c) Criminal Aliens.--With respect to criminal aliens, the Attorney 
General shall also collect data concerning--
            (1) the number of criminal aliens apprehended under the 
        immigration laws and not detained by the Attorney General; and
            (2) a list of crimes committed by criminal aliens after the 
        decision was made not to detain them, to the extent this 
        information can be derived by cross-checking the list of 
        criminal aliens not detained with other databases accessible to 
        the Attorney General.
    (d) Annual Reports.--Beginning on October 1, 1999, and not later 
than October 1 of each year thereafter, the Attorney General shall 
submit to the Committee on the Judiciary of each House of Congress a 
report setting forth the data collected under subsections (a), (b), and 
(c), for the fiscal year ending September 30 of that year.
    (e) Availability to Public.--Copies of the data collected under 
subsections (a), (b), and (c) shall be made available to members of the 
public upon request pursuant to such regulations as the Attorney 
General shall prescribe.
                                     





                                                       Calendar No. 343

105th CONGRESS

  2d Session

                                S. 1504

_______________________________________________________________________

                                 A BILL

To adjust the immigration status of certain Haitian nationals who were 
                 provided refuge in the United States.

_______________________________________________________________________

                             April 23, 1998

        Reported with an amendment in the nature of a substitute