[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 871 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 871

To amend the Immigration and Nationality Act to ensure that veterans of 
 the United States Armed Forces are eligible for discretionary relief 
  from detention, deportation, exclusion, and removal, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 1999

   Mr. Leahy introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to ensure that veterans of 
 the United States Armed Forces are eligible for discretionary relief 
  from detention, deportation, exclusion, and 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 ``Fairness to Immigrant Veterans Act 
of 1999''.

SEC. 2. ELIGIBILITY OF VETERANS FOR RELEASE FROM DETENTION.

    (a) In General.--Section 236(c)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1226(c)(2)) is amended by inserting after 
``such an investigation,'' the following: ``or if the alien is (A) a 
veteran (as defined in section 101 of title 38, United States Code) 
with a discharge characterized as an honorable discharge and who was 
not discharged on account of alienage, or (B) on active duty (other 
than active duty for training) in the Armed Forces of the United 
States,''.
    (b) Effective Date.--This section shall be effective as if included 
in the enactment of section 303(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (division C of Public Law 104-
208).

SEC. 3. ELIGIBILITY OF VETERANS FOR DISCRETIONARY RELIEF.

    (a) Eligibility for Cancellation of Removal.--Section 240A(a)(3) of 
the Immigration and Nationality Act (8 U.S.C. 1229b(a)(3)) is amended 
to read as follows:
            ``(3)(A) has not been convicted of any aggravated felony; 
        or
            ``(B) is--
                    ``(i) a veteran (as defined in section 101 of title 
                38, United States Code) with a discharge characterized 
                as an honorable discharge and who was not discharged on 
                account of alienage; or
                    ``(ii) on active duty (other than active duty for 
                training) in the Armed Forces of the United States.''.
    (b) Eligibility Under Transitional Rules.--Section 309(c) of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as 
contained in division C of Public Law 104-208; 8 U.S.C. 1101 note) is 
amended by adding at the end the following:
            ``(8) Transitional rule for veterans.--In any case 
        described in paragraph (1), an alien who is (i) a veteran (as 
        defined in section 101 of title 38, United States Code) with a 
        discharge characterized as an honorable discharge and who was 
        not discharged on account of alienage, or (ii) on active duty 
        (other than active duty for training) in the Armed Forces of 
        the United States, shall not be subject to the provisions of 
        the last sentence of section 212(c) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(c)).''.
    (c) Effective Date.--
            (1) The amendment made by subsection (a) shall be effective 
        as if included in the enactment of section 304(a) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (as contained in division C of Public Law 104-208).
            (2) The amendment made by subsection (b) shall be effective 
        as if included in the enactment of section 309(c) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (as contained in division C of Public Law 104-208).

SEC. 4. ELIGIBILITY OF VETERANS FOR JUDICIAL REVIEW.

    (a) Eligibility.--Section 242(a)(2)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1252(a)(2)(C)) is amended by inserting before 
the period at the end the following: ``, unless the alien is (i) a 
veteran (as defined in section 101 of title 38, United States Code) 
with a discharge characterized as an honorable discharge and who was 
not discharged on account of alienage, or (ii) on active duty (other 
than active duty for training) in the Armed Forces of the United 
States''.
    (b) Eligibility Under Transition Rules.--Section 309(c)(4)(G) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1101 note) is amended by inserting before the period at the 
end the following: ``, unless the alien is (i) a veteran (as defined in 
section 101 of title 38, United States Code) with a discharge 
characterized as an honorable discharge and who was not discharged on 
account of alienage, or (ii) on active duty (other than active duty for 
training) in the Armed Forces of the United States''.
    (c) Effective Date.--
            (1) The amendment made by subsection (a) shall be effective 
        as if included in the enactment of section 306(a)(2) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (as contained in division C of Public Law 104-208).
            (2) The amendment made by subsection (b) shall be effective 
        as if included in the enactment of section 309(c)(4)(G) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (as contained in division C of Public Law 104-208).
                                 <all>