[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2999 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2999

  To permit the Attorney General to grant relief to certain permanent 
 resident aliens of good moral character who are adversely affected by 
 changes made in 1996 to the definition of aggravated felony under the 
  Immigration and Nationality Act, and to amend certain provisions of 
such Act relating to detention of an alien pending and after a decision 
     on whether the alien is to be removed from the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 1999

   Mr. McCollum (for himself, Mr. Diaz-Balart, Ms. Ros-Lehtinen, Mr. 
Wexler, Mr. Bilbray, and Mr. Ose) introduced the following bill; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To permit the Attorney General to grant relief to certain permanent 
 resident aliens of good moral character who are adversely affected by 
 changes made in 1996 to the definition of aggravated felony under the 
  Immigration and Nationality Act, and to amend certain provisions of 
such Act relating to detention of an alien pending and after a decision 
     on whether the alien is to be removed from the United States.

    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 ``Fairness for Permanent Residents Act 
of 1999''.

SEC. 2. LIMITING THE DISQUALIFICATION, BASED ON COMMISSION OF CERTAIN 
              AGGRAVATED FELONIES, FROM CANCELLATION OF REMOVAL FOR 
              PERMANENT RESIDENTS.

    (a) In General.--Section 240A(a) of the Immigration and Nationality 
Act (8 U.S.C. 1229b(a)) is amended to read as follows:
    ``Sec. 240A. (a) Cancellation of Removal for Certain Permanent 
Residents.--
            ``(1) In general.--The Attorney General may cancel removal 
        in the case of an alien who is inadmissible or deportable from 
        the United States if the alien--
                    ``(A) has been an alien lawfully admitted for 
                permanent residence for not less than 5 years;
                    ``(B) has resided in the United States continuously 
                for 7 years after having been admitted in any status; 
                and
                    ``(C) has not been convicted of any aggravated 
                felony.
            ``(2) Limiting application of certain modifications to 
        aggravated felony definition.--
                    ``(A) In general.--An alien described in 
                subparagraph (B) who is otherwise qualified may request 
                the Attorney General to exercise the discretion granted 
                under paragraph (1) as if the following provisions had 
                not been enacted:
                            ``(i) Paragraphs (4) through (6) of section 
                        440(e) of the Antiterrorism and Effective Death 
                        Penalty Act of 1996 (110 Stat. 1278).
                            ``(ii) Section 440(e)(8) of the 
                        Antiterrorism and Effective Death Penalty Act 
                        of 1996 (110 Stat. 1278), as applied only with 
                        respect to the addition of subparagraphs (R) 
                        and (T) of section 101(a)(43) of this Act.
                            ``(iii) Paragraphs (7), (9), and (10) of 
                        section 321(a) of the Illegal Immigration 
                        Reform and Immigrant Responsibility Act of 1996 
                        (110 Stat. 3009-628).
                            ``(iv) Section 321(a)(3) of the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996 (110 Stat. 3009-627), as applied 
                        only with respect to subparagraphs (F), (G), 
                        and (P) of section 101(a)(43) of this Act.
                            ``(v) Section 440(e)(1) of the 
                        Antiterrorism and Effective Death Penalty Act 
                        of 1996 (110 Stat. 1277), and section 321(a)(4) 
                        of the Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996 (110 Stat. 3009-
                        627), as applied only to an offense described 
                        in section 1955 of title 18, United States Code 
                        (relating to gambling offenses).
                            ``(vi) Section 321(b) of the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996 (110 Stat. 3009-628), as applied 
                        only with respect to subparagraphs (F), (G), 
                        (M), (P), (Q), (R), (T), and (U) of section 
                        101(a)(43) of this Act, and with respect to 
                        subparagraph (J) of such section (but only to 
                        the extent subparagraph (J) relates to an 
                        offense described in section 1955 of title 18, 
                        United States Code).
                    ``(B) Alien described.--An alien described in this 
                subparagraph is an alien who--
                            ``(i) was convicted of one aggravated 
                        felony that is not a serious violent felony (as 
                        defined in section 3559(c)(2)(F) of title 18, 
                        United States Code);
                            ``(ii) as a direct result of such 
                        conviction, is the subject of a removal 
                        proceeding--
                                    ``(I) the commencement of which 
                                would not have been authorized but for 
                                the enactment of one or more of the 
                                provisions described in clauses (i) 
                                through (vi) of subparagraph (A); or
                                    ``(II) with respect to which the 
                                alien would have satisfied the 
                                requirements for the application of 
                                discretion granted to the Attorney 
                                General under paragraph (1) but for the 
                                enactment of one or more of such 
                                provisions;
                            ``(iii) has never been convicted of any 
                        felony other than the felony described in 
                        clause (i); and
                            ``(iv) disregarding such felony, has been a 
                        person of good moral character during all 
                        periods of residence in the United States.
                    ``(C) No danger to persons or property.--In the 
                case of an alien convicted of an aggravated felony 
                involving violence, the Attorney General may exercise 
                the discretion described in subparagraph (A) only after 
                making a written determination that the action poses no 
                danger to the safety of persons or property. The duty 
                of the Attorney General under this subparagraph may not 
                be delegated to any officer or employee of the 
                Department of Justice other than an Assistant Attorney 
                General, a Deputy Attorney General, an Associate 
                Attorney General, or any other attorney assigned to the 
                Office of the Attorney General or an office of an 
                Assistant Attorney General, a Deputy Attorney General, 
                or an Associate Attorney General.
                    ``(D) Applications.--An alien may file only one 
                application for relief under this paragraph. Such 
                application shall be filed not later than 60 days after 
                the commencement of the removal proceeding described in 
                subparagraph (B)(ii).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
convictions entered on or after such date.

SEC. 3. DISCRETION TO GRANT RELIEF TO CERTAIN OTHER PERMANENT 
              RESIDENTS.

    (a) Establishment of Process.--Notwithstanding section 240(c)(6) of 
the Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other 
limitation imposed by law on motions to reopen proceedings under such 
Act, the Attorney General shall establish a process (whether through 
permitting the reopening of a proceeding described in subsection (b)(2) 
or otherwise) under which an alien described in subsection (b) who is 
otherwise qualified may request the Attorney General to exercise the 
discretion granted under the authorities described in subsection (c) as 
if the following provisions had not been enacted:
            (1) Paragraphs (4) through (6) of section 440(e) of the 
        Antiterrorism and Effective Death Penalty Act of 1996 (110 
        Stat. 1278).
            (2) Section 440(e)(8) of the Antiterrorism and Effective 
        Death Penalty Act of 1996 (110 Stat. 1278), as applied only 
        with respect to the addition of subparagraphs (R) and (T) of 
        section 101(a)(43) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(43)).
            (3) Paragraphs (7), (9), and (10) of section 321(a) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (110 Stat. 3009-628).
            (4) Section 321(a)(3) of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (110 Stat. 3009-627), as 
        applied only with respect to subparagraphs (F), (G), and (P) of 
        section 101(a)(43) of the Immigration and Nationality Act.
            (5) Section 440(e)(1) of the Antiterrorism and Effective 
        Death Penalty Act of 1996 (110 Stat. 1277), and section 
        321(a)(4) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (110 Stat. 3009-627), as applied 
        only to an offense described in section 1955 of title 18, 
        United States Code (relating to gambling offenses).
            (6) Section 321(b) of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (110 Stat. 3009-628), as 
        applied only with respect to subparagraphs (F), (G), (M), (P), 
        (Q), (R), (T), and (U) of section 101(a)(43) of the Immigration 
        and Nationality Act, and with respect to subparagraph (J) of 
        such section (but only to the extent subparagraph (J) relates 
        to an offense described in section 1955 of title 18, United 
        States Code).
    (b) Alien Described.--An alien described in this subsection is an 
alien who--
            (1) was convicted before the date of the enactment of this 
        Act of one aggravated felony (as defined in section 101(a)(43) 
        of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43))) 
        that is not a serious violent felony (as defined in section 
        3559(c)(2)(F) of title 18, United States Code);
            (2) as a direct result of such conviction, is the subject 
        of a proceeding--
                    (A) the commencement of which would not have been 
                authorized but for the enactment of one or more of the 
                provisions described in paragraphs (1) through (6) of 
                subsection (a); or
                    (B) with respect to which the alien would have 
                satisfied the requirements for the application of 
                discretion granted to the Attorney General under one or 
                more of the authorities described in subsection (c) but 
                for the enactment of one or more of such provisions;
            (3) is lawfully admitted for permanent residence (as 
        defined in section 101(a)(20) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(20)));
            (4) has never been convicted of any felony other than the 
        felony described in paragraph (1); and
            (5) disregarding such felony, has been a person of good 
        moral character (as defined in section 101(f) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(f)) during all 
        periods of residence in the United States.
    (c) Authorities.--The provisions referred to in this subsection are 
the following:
            (1) Section 240A(a) of the Immigration and Nationality Act 
        (8 U.S.C. 1229b(a)).
            (2) Section 212(c) of the Immigration and Nationality Act 
        (as in effect on March 31, 1997).
            (3) Section 244(a) of the Immigration and Nationality Act 
        (as in effect on March 31, 1997).
    (d) No Danger to Persons or Property.--In the case of an alien 
convicted of an aggravated felony involving violence, the Attorney 
General may exercise the discretion described in subsection (a) only 
after making a written determination that the action poses no danger to 
the safety of persons or property. The duty of the Attorney General 
under this subsection may not be delegated to any officer or employee 
of the Department of Justice other than an Assistant Attorney General, 
a Deputy Attorney General, an Associate Attorney General, or any other 
attorney assigned to the Office of the Attorney General or an office of 
an Assistant Attorney General, a Deputy Attorney General, or an 
Associate Attorney General.
    (e) Applications.--The process established under subsection (a)--
            (1) shall permit an alien to file only one application 
        pursuant to this section; and
            (2) in the case of a proceeding described in subsection 
        (b)(2) that is commenced after the date of the enactment of 
        this Act, shall require that such application be filed not 
        later than 60 days after such commencement.

SEC. 4. MODIFICATION OF CERTAIN PROVISIONS ON DETENTION AND RELEASE OF 
              ALIENS.

    (a) Detention and Release of Criminal Aliens Pending Removal 
Decision.--Section 236(c) of the Immigration and Nationality Act (8 
U.S.C. 1226(c)) is amended--
            (1) by adding at the end the following:
            ``(3) Release from custody.--Notwithstanding paragraph (2) 
        or any other provision of this section, the Attorney General 
        may release any alien described in paragraph (1) if the 
        Attorney General determines that the alien does not pose a 
        danger to society, does not pose a flight risk, and is likely 
        to comply with any terms of supervision that are imposed and 
        any subsequent order of removal. If released, the alien shall 
        be subject to supervision under regulations prescribed by the 
        Attorney General that include the provisions specified in 
        subparagraphs (A) through (D) of section 241(a)(3).''; and
            (2) by amending subsection (e) to read as follows:
    ``(e) Administrative and Judicial Review.--
            ``(1) Administrative review.--A decision under this section 
        relating to the release of any alien described in subsection 
        (c)(1) shall be subject to review by the United States Board of 
        Immigration Appeals of the Department of Justice. The preceding 
        sentence shall not be construed as limiting any administrative 
        review otherwise available under law of any action or decision 
        under this section.
            ``(2) Judicial review.--The Attorney General's 
        discretionary judgment regarding the application of this 
        section shall not be subject to review. No court may set aside 
        any action or decision by the Attorney General under this 
        section regarding the detention or release of any alien or the 
        grant, revocation, or denial of bond or parole.''.
    (b) Detention of Inadmissible or Criminal Aliens Ordered Removed.--
Section 241(a)(6) of the Immigration and Nationality Act (8 U.S.C. 
1231(a)(6)) is amended to read as follows:
            ``(6) Inadmissible or criminal aliens.--
                    ``(A) In general.--An alien ordered removed who is 
                inadmissible under section 212, removable under section 
                237(a)(1)(C), 237(a)(2), or 237(a)(4) or who has been 
                determined by the Attorney General to be a risk to the 
                community or unlikely to comply with the order of 
                removal, may be detained beyond the removal period for 
                a reasonable period of time, not to exceed 3 months 
                after the termination of such period, in order to allow 
                for ongoing negotiations between the United States and 
                a foreign state or states. If such an alien is 
                released, the alien shall be subject to the terms of 
                supervision in paragraph (3). During such 3-month 
                period, the Attorney General shall release the alien 
                upon a showing that the alien does not pose a danger to 
                society, does not pose a flight risk, and is likely to 
                comply with the removal order.
                    ``(B) Release.--Notwithstanding any other provision 
                of this section, if the Attorney General determines 
                that an alien ordered removed who is inadmissible under 
                section 212 or removable under section 237(a)(1)(C), 
                237(a)(2), or 237(a)(4) does not pose a danger to 
                society, does not pose a flight risk, and is likely to 
                comply with the removal order, the Attorney General 
                shall release the alien after the removal period. If 
                released, the alien shall be subject to the terms of 
                supervision in paragraph (3).
                    ``(C) Administrative review.--A decision under this 
                paragraph relating to the release of any alien shall be 
                subject to review by the United States Board of 
                Immigration Appeals of the Department of Justice. The 
                preceding sentence shall not be construed as limiting 
                any administrative review otherwise available under law 
                of any action or decision under this section.''.
    (c) Effective Date.--The amendments made by this section shall be 
effective 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) and shall apply to individuals with convictions 
entered before, on, or after the date of the enactment of this Act.
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