[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5232 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5232

      To amend the Immigration and Nationality Act to provide for 
     cancellation of removal and adjustment of status for certain 
  nonpermanent resident aliens whose removal would result in extreme 
                           medical hardship.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2000

Mr. Nadler (for himself, Mrs. Morella, Mr. McDermott, and Mr. Kucinich) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To amend the Immigration and Nationality Act to provide for 
     cancellation of removal and adjustment of status for certain 
  nonpermanent resident aliens whose removal would result in extreme 
                           medical hardship.

    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 ``Immigrant Health and Safety Act of 
2000''.

SEC. 2. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN 
              NONPERMANENT RESIDENT ALIENS WHOSE REMOVAL WOULD RESULT 
              IN EXTREME MEDICAL HARDSHIP.

    (a) Amendment to Immigration and Nationality Act.--Section 240A(b) 
of the Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by adding after paragraph (2) the following new 
        paragraph (3):
            ``(3) Special rule for aliens with medical hardship.--The 
        Attorney General may cancel removal of, and adjust to the 
        status of an alien lawfully admitted for permanent residence, 
        an alien who is inadmissible or deportable from the United 
        States if the alien--
                    ``(A) has been physically present in the United 
                States for a continuous period of not less than 7 years 
                immediately preceding the date of such application;
                    ``(B) has been a person of good moral character 
                during such period;
                    ``(C) has not been convicted of an offense under 
                section 212(a)(2), 237(a)(2), or 237(a)(3); and
                    ``(D) establishes that removal would result in 
                extreme medical hardship to the alien, or the alien's 
                spouse, parent, or child, who is a citizen of the 
                United States or an alien lawfully admitted for 
                permanent residence.''.
    (b) Conforming Amendments.--Section 240A is amended--
            (1) in subsection (c) by striking ``subsections (a) and 
        (b)(1)'' and inserting ``subsections (a), (b)(1), and (b)(3)''; 
        and
            (2) in subsection (b)(4) by striking ``paragraph (1) or 
        (2)'' and inserting ``paragraph (1), (2), or (3)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
aliens in removal proceedings on or after such date and to aliens whose 
removal proceedings have concluded before such date and who are subject 
to removal on or after such date.

SEC. 3. SUSPENSION OF DEPORTATION AND ADJUSTMENT OF STATUS FOR CERTAIN 
              NONPERMANENT RESIDENT ALIENS WHOSE DEPORTATION WOULD 
              RESULT IN EXTREME MEDICAL HARDSHIP.

    (a) In General.--The Attorney General shall establish a process 
(whether through permitting the reopening of a proceeding described in 
subsection (b) or otherwise) under which an alien described in 
subsection (b) may request the Attorney General to exercise the 
discretion granted under section 244(a)(1) of the Immigration and 
Nationality Act (as in effect on March 31, 1997) as if the standard 
were the standard under section 240A(b)(3) (as amended by section 2).
    (b) Alien Described.--An alien referred to in subsection (a) is an 
alien who is in deportation proceedings under the Immigration and 
Nationality Act (as in effect on March 31, 1997) on or after the date 
of the enactment of this Act or an alien whose deportation proceedings 
have concluded before such date and who is subject to deportation on or 
after such date.
    (c) Judicial Review.--A judgment regarding the granting or denial 
of relief under this section shall be subject to judicial review in 
accordance with section 106 of the Immigration and Nationality Act (as 
in effect on April 23, 1996), notwithstanding section 242 of the 
Immigration and Nationality Act, section 440(a) of the Antiterrorism 
and Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 
1277), sections 306 and 309(c)(4) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
3009-607 et seq.), or any other provision of law limiting judicial 
review of a discretionary decision under section 244 of the Immigration 
and Nationality Act (as in effect on March 31, 1997).
                                 <all>