[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1582 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1582
To amend the Immigration and Nationality Act to adjust the status of
certain long-staying alien children, to lower high school drop out
rates for certain immigrant children, and to restore the right of State
and local governments to decide whom they will admit to their State and
local colleges and universities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2001
Mr. Gutierrez introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to adjust the status of
certain long-staying alien children, to lower high school drop out
rates for certain immigrant children, and to restore the right of State
and local governments to decide whom they will admit to their State and
local colleges and universities.
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 Children's Educational
Advancement and Dropout Prevention Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Undocumented children come to the United States for a
variety of reasons. Most are brought to the United States by
adults and have no ability to make an independent decision
about whether or not to migrate to the United States. Some come
with their parents. Others are brought by smugglers and
traffickers intent on exploiting them.
(2) It is the policy of the United States Government,
supported both by acts of Congress and Supreme Court precedent,
to permit undocumented children to attend public schools in the
United States. This policy is rooted in recognition of the fact
that such children often are not in a position to make an
independent decision about where they will live, of the
vulnerability of children, and by the desire to ensure that
such children have an opportunity to become educated while in
the United States.
(3) Each year, 50,000 to 75,000 such undocumented children
graduate from United States public schools after having resided
in the United States for 5 or more years.
(4) Young children who have resided in the United States
for a substantial period of their lives often are acculturated
as Americans, including learning to speak English. Often, they
consider themselves Americans and have little or no knowledge
or ties to the country in which they were born.
(5) Current law provides little avenue for long-staying
alien children to regularize their immigration status. This, in
turn, prevents them from continuing their education past high
school, making it less likely that they will succeed in life
and encouraging many to drop out of high school before
graduating.
(6) While current law requires State and local governments
to provide elementary and secondary education to undocumented
alien children, the law effectively precludes State and local
governments from providing in-State tuition to these same alien
children once they have graduated from high school.
(b) Purposes.--The purposes of this Act are--
(1) to provide an opportunity to certain alien children who
were brought to the United States at a young age and have since
been acculturated in the United States to adjust their status
to lawful permanent residency and become contributing members
of United States society;
(2) to restore to each State the flexibility to provide in-
State tuition to all children residing in the State, including
to undocumented alien children; and
(3) to permit and encourage alien children who were brought
to the United States at a young age and have been educated in
United States elementary and secondary schools to continue
their education through high school graduation and into
college.
SEC. 3. ATTORNEY GENERAL AUTHORITY TO ADJUST STATUS OF CERTAIN
CHILDREN.
(a) In General.--Section 240A(b) of the Immigration and Nationality
Act (8 U.S.C. 1229b(b)) is amended--
(1) in paragraph (3)--
(A) by striking ``paragraph (1) or (2)'' and
inserting ``paragraph (1), (2), or (3)'' each place it
appears;
(B) by redesignating such paragraph as paragraph
(5); and
(C) by moving such paragraph to follow paragraph
(4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Rule for alien residents brought to the united states
as children.--
``(A) Authority.--Subject to the restrictions in
subparagraph (D), the Attorney General shall 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 demonstrates that--
``(i) in the case of an alien who--
``(I) has not attained the age of
21 at the time of application, the
alien has been physically present in
the United States for a continuous
period of not less than five years
immediately preceding the date of such
application, or
``(II) has attained the age of 21
but had not attained the age of 25 at
the time of application, such alien has
been physically present in the United
States for a continuous period of not
less than five years immediately
preceding the date of such application,
including the five years immediately
preceding the attainment of the age of
21;
``(ii) the alien has been a person of good
moral character during the five-year period
preceding the application and admission; and
``(iii) the alien is either a secondary
school student in the United States, is
attending an accredited two-year or four-year
post secondary educational institution in the
United States, or has submitted an application
for admission to an accredited two-year or
four-year post-secondary educational
institution in the United States.
``(B) Treatment of minor children.--The status of
an alien shall be adjusted by the Attorney General to
that of an alien lawfully admitted for permanent
residence if the alien is the child of an alien
described in subparagraph (A).
``(C) Application for relief.--The Attorney General
shall provide a procedure by regulation allowing
eligible individuals to apply affirmatively for the
relief available under this paragraph without being
placed in removal proceedings.
``(D) Restrictions on authority.--The provisions of
this paragraph shall not apply to any of the following
aliens:
``(i) An alien who is inadmissible under
section 212(a)(2)(A)(i)(I) or is deportable
under section 237(a)(2)(A)(i) (relating to
crimes of moral turpitude) unless the Attorney
General determines that the alien's removal
would result in extreme hardship to the alien,
the alien's child, or (in the case of an alien
who is a child) to the alien's parent.
``(ii) An alien who is inadmissible under
section 212(a)(3) or is deportable under
section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii)
(relating to security and related grounds).''.
(b) Exemption From Numerical Limitations.--Section 240A(e)(3) of
such Act (8 U.S.C. 1229b(e)) is amended by adding at the end the
following new subparagraph:
``(C) Aliens described in subsection (b)(3).''.
SEC. 4. ELIGIBILITY OF CANCELLATION APPLICANTS FOR FEDERAL AND STATE
HIGHER EDUCATION ASSISTANCE.
Notwithstanding any other provision of law, a child who has applied
for relief under section 240A(b)(3) of the Immigration and Nationality
Act (as added by the section 3(a)) but whose application has not been
finally adjudicated, shall be deemed to be a ``qualified alien'' under
section 431(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(b)) for the purpose of
receiving any post-secondary education benefit, including any grants,
loans, or scholarships.
SEC. 5. STATE CONTROL OVER HIGHER EDUCATION ADMISSIONS IN STATE
SYSTEMS.
(a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
110 Stat 3009-672; 8 U.S.C. 1623) is hereby repealed.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
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