[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1918 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1918
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to permit States to determine state residency for higher
education purposes and to amend the Immigration and Nationality Act to
cancel the removal and adjust the status of certain alien college-bound
students who are long-term U.S. residents.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2001
Mr. Cannon (for himself, Mr. Berman, and Ms. Roybal-Allard) 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 Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to permit States to determine state residency for higher
education purposes and to amend the Immigration and Nationality Act to
cancel the removal and adjust the status of certain alien college-bound
students who are long-term U.S. residents.
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 ``Student Adjustment Act of 2001''.
SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES
OF HIGHER EDUCATION BENEFITS.
(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110 Stat 3009-672; 8 U.S.C. 1623) is repealed.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.
SEC. 3. ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENT STUDENTS.
(a) In General.--Section 240A of the Immigration and Nationality
Act (8 U.S.C. 1229b) is amended--
(1) in paragraph (3) of subsection (b)--
(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);
(2) by inserting after paragraph (2) of subsection (b) the
following new paragraph:
``(3) Special rule for children in middle or secondary
school.--
``(A) Authority.--Subject to subparagraph (B), 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) the alien has not, at the time of
application, attained the age of 21;
``(ii) the alien was physically present in
the United States on the date of the enactment
of the Student Adjustment Act of 2001 and 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;
``(iii) the alien has been a person of good
moral character during such period; and
``(iv) the alien, at the time of
application, is enrolled at or above the 7th
grade level in a school in the United States or
is enrolled in or actively pursuing admission
to an institution of higher education in the
United States as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
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.
An alien shall not be considered to have failed to
maintain continuous physical presence in the United
States for purposes of clause (ii) by virtue of brief,
casual, and innocent absences from the United States.
``(B) 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).'';
and
(3) in subsection (d)(1)(A), by inserting ``or (b)(3)''
after ``subsection (b)(2)''.
(b) Exemption From Numerical Limitations.--Section 240A(e)(3) of
such Act (8 U.S.C. 1229b(e)(3)) is amended by adding at the end the
following new subparagraph:
``(C) Aliens described in subsection (b)(3).''.
(c) Grandfather Provisions.--For purpose of applying section
240A(b)(3) of the Immigration and Nationality Act (as inserted by
subsection (a)) with respect to an application filed under such section
not later than 120 days after the effective date of regulations
implementing this section--
(1) an individual shall be considered to be under the age
of 21 if the individual's 21st birthday occurs after the date
of the enactment of this Act but no more than 120 days after
the effective date of such regulations; and
(2) an individual shall be treated as meeting the
requirements of clauses (i), (ii), and (iv) of subparagraph (A)
of such section if--
(A) the individual would have met such requirements
based upon an application filed at any time during the
4-year period ending on the date of the enactment of
this Act; and
(B) the individual has graduated from, or is at the
time of application enrolled in, an institution of
higher education in the United States (described in
clause (iv) of such subparagraph).
(d) Confidentiality of Information.--Neither the Attorney General,
nor any other official or employee of the Department of Justice, or
bureau or agency thereof, may--
(1) use the information furnished by the applicant pursuant
to an application filed under the amendments made by this
section for any purpose other than to make a determination on
the application;
(2) make any publication whereby the information furnished
by any particular individual can be identified; or
(3) permit anyone other than the sworn officers and
employees of the Department or bureau or agency or, with
respect to applications filed with a designated entity, that
designated entity, to examine individual applications.
Whoever knowingly uses, publishes, or permits information to be
examined in violation of this subsection shall be fined not more than
$10,000.
(e) Eligibility of Cancellation Applicants for Federal Educational
Assistance.--Section 431(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended--
(1) by striking ``; or'' at the end of paragraph (6) and
inserting a comma;
(2) by striking the period at the end of paragraph (7) and
inserting ``, or''; and
(3) by adding at the end the following new paragraph:
``(8) an alien who has been granted relief under section
240A(b)(3) of the Immigration and Nationality Act, or with
respect to whom an application under such section has been
filed but not finally been adjudicated.''.
(f) Regulations.--
(1) Proposed regulations.--Not later than 60 days after the
date of the enactment of this Act, the Attorney General shall
publish proposed regulations implementing this section.
(2) Interim, final regulations.--Not later than 120 days
after the date of the enactment of this Act, the Attorney
General shall publish final regulations implementing this
section. Such regulations shall be effective immediately on an
interim basis, but are subject to change and revision after
public notice and opportunity for a period for public comment.
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