[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 171 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 171
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 HOUSE OF REPRESENTATIVES
January 3, 2001
Mr. Serrano introduced the following bill; which was 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 2001''.
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).
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