[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3894 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3894

  To amend the Immigration and Nationality Act to restore fairness to 
                immigration law, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2002

 Mr. Conyers (for himself, Ms. Ros-Lehtinen, Mr. Gephardt, Ms. Jackson-
  Lee of Texas, Mr. Reyes, Mr. Frank, Mr. Berman, Mr. Gutierrez, Mr. 
  Rangel, Mr. Abercrombie, Mr. Andrews, Ms. Lee, Mr. Blagojevich, Mr. 
     Delahunt, Mr. Fattah, Mr. Filner, Mr. Honda, Mr. LaFalce, Mr. 
McDermott, Mrs. Meek of Florida, Mr. Nadler, Mr. Rodriguez, Ms. Roybal-
Allard, Mr. Serrano, Ms. Schakowsky, Mr. Stark, Mrs. Jones of Ohio, Mr. 
   Underwood, Ms. Velazquez, Ms. Waters, Mr. Lantos, and Mr. Bonior) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to restore fairness to 
                immigration law, 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; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; 
              TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Restoration of 
Fairness in Immigration Act of 2002''.
    (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise specifically provided in this Act, whenever in this Act an 
amendment or repeal is expressed as the amendment or repeal of a 
section or other provision, the reference shall be considered to be 
made to that section or provision in the Immigration and Nationality 
Act.
    (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; amendments to Immigration and Nationality Act; 
                            table of contents.
            TITLE I--DUE PROCESS IN IMMIGRATION PROCEEDINGS

        Subtitle A--Due Process in Expedited Removal Proceedings

Sec. 101. Due process in admissibility and asylum cases.
Sec. 102. Using immigration judges in expedited removal proceedings.
Sec. 103. Equitable determination of ``credible fear of persecution'' 
                            in cases involving unique fact patterns.
         Subtitle B--Judicial Review in Immigration Proceedings

Sec. 111. Judicial review of administrative remedies and habeas corpus.
Sec. 112. Judicial review of asylum determinations.
Sec. 113. Judicial review of decisions concerning apprehension and 
                            detention of aliens.
Sec. 114. Judicial review of decisions concerning waivers.
Sec. 115. Judicial review of orders issued in absentia.
Sec. 116. Judicial review of denial of request for order of voluntary 
                            departure.
Sec. 117. Transitional changes in judicial review.
              Subtitle C--Fairness in Removal Proceedings

Sec. 121. Equitable burden of proof for admissibility.
Sec. 122. Presumption in favor of withdrawal of application for 
                            admission.
Sec. 123. Absences outside the control of the alien.
Sec. 124. Reinstatement of removal orders against aliens illegally 
                            reentering.
Sec. 125. Removal hearings open to the public.
Sec. 126. Deadline for placement in removal proceedings.
                   Subtitle D--Fairness in Detention

Sec. 131. Restoring discretionary authority to the Attorney General in 
                            cases of individuals who pose no risk to 
                            safety or of fleeing.
Sec. 132. Periodic review of detention determination.
Sec. 133. Limitation on indefinite detention.
Sec. 134. Pilot program to consider alternatives to detention.
Sec. 135. Elimination of mandatory detention in expedited removal 
                            proceedings.
Sec. 136. Right to counsel.
Sec. 137. Automatic stays of release orders.
Sec. 138. Report on detention of aliens.
Sec. 139. Clarification of intent of transitional provision on 
                            references to removal orders.
            Subtitle E--Consular Review of Visa Applications

Sec. 141. Establishment of a Board of Visa Appeals.
Sec. 142. Nondiscrimination provisions.
  TITLE II--FAIRNESS AND EQUITY IN CASES INVOLVING PREVIOUS AND MINOR 
                               MISCONDUCT

     Subtitle A--Increased Fairness and Equity Concerning Removal 
                              Proceedings

Sec. 201. Equitable definition of ``crime involving moral turpitude''.
Sec. 202. Equitable application and definition of ``aggravated 
                            felony''.
Sec. 203. Equitable definitions of ``conviction'' and ``term of 
                            imprisonment''.
Sec. 204. Equitable definition of ``crimes of moral turpitude''.
Sec. 205. Restoration of fairness in equitable relief for long-time 
                            legal permanent residents.
Sec. 206. Restoration of fairness in equitable relief for other 
                            noncitizens.
Sec. 207. Eliminating unfair retroactive changes in removal rules for 
                            persons subject to pending proceedings.
Sec. 208. Eliminating unfair retroactive changes in removal rules for 
                            persons previously removed.
  Subtitle B--Increased Fairness and Equity Concerning 5-Year Bars to 
               Admission and Other Grounds for Exclusion

Sec. 211. Limiting 5-year bar to admission to persons who willfully 
                            fail to attend removal proceedings.
Sec. 212. Limiting 5-year bar to admission to persons who willfully 
                            violate student visa conditions.
Sec. 213. Limiting ban on admissibility to persons who willfully make 
                            false claims for citizenship.
Sec. 214. Equitable waiver of inadmissibility for minor criminal 
                            offenses.
Sec. 215. Eliminating the 3 and 10 year bars to inadmissibility.
              TITLE III--ENCOURAGING FAMILY REUNIFICATION

                  Subtitle A--Reuniting Family Members

Sec. 301. Visa for spouses and children of permanent residents 
                            temporarily waiting for visa numbers.
Sec. 302. Refugee status for unmarried sons and daughters of refugees.
Sec. 303. Asylee status for unmarried sons and daughters of asylees.
Sec. 304. Protection against processing delays.
         Subtitle B--Limited Waiver of Grounds of Admissibility

Sec. 311. Discretionary waiver in cases involving family members.
Sec. 312. Discretionary waiver in document cases involving family 
                            members.
Sec. 313. Discretionary waiver to admit persons in unusual 
                            circumstances.
 Subtitle C--Eliminating Unfairness and Waste in Section 245(i) Waivers

Sec. 321. Permanent application of section 245(i).
    Subtitle D--Equitable Procedures Concerning Voluntary Departure

Sec. 331. Discretionary determination of period of voluntary departure.
Sec. 332. Discretionary determination of voluntary departure bond based 
                            on individual circumstances.
Sec. 333. Elimination of automatic penalties for failing to depart in 
                            accordance with a voluntary departure 
                            grant.
         Subtitle E--Fairness in Determination of Public Charge

Sec. 341. Equitable procedures concerning public charge and affidavit 
                            of support.
          TITLE IV--FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS

          Subtitle A--Increased Fairness in Asylum Proceedings

Sec. 401. Elimination of arbitrary time limits on asylum applications.
Sec. 402. Gender-based persecution.
Sec. 403. Presumption of asylum in cases of past persecution.
Sec. 404. Rebuttable presumption of asylum where persecution occurs 
                            with respect to a particular location in a 
                            country.
Sec. 405. Elimination of arbitrary cap on persons eligible to adjust 
                            status from asylees to legal permanent 
                            residents.
Sec. 406. Restoration of eligibility for withholding of removal for 
                            persons facing loss of life or freedom.
Subtitle B--Increased Fairness and Rationality in Refugee Consultations

Sec. 411. Timely consultation with respect to refugee admissions.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Limiting forfeiture for certain assets used to violate INA 
                            where there was no commercial gain.
Sec. 502. Elimination of ban on State and local governments from 
                            preventing communications with the INS.
Sec. 503. Elimination of authority to permit State personnel to carry 
                            out immigration officer functions.
Sec. 504. Parole authority.
Sec. 505. Enhanced border patrol recruitment and retention.
Sec. 506. Elimination of denial of immigration benefits for erroneous 
                            asylum application.
Sec. 507. Authorization of appropriations for implementation of Act.
                       TITLE VI--EFFECTIVE DATES

Sec. 601. General effective date.
Sec. 602. Other effective dates.

            TITLE I--DUE PROCESS IN IMMIGRATION PROCEEDINGS

        Subtitle A--Due Process in Expedited Removal Proceedings

SEC. 101. DUE PROCESS IN ADMISSIBILITY AND ASYLUM CASES.

    At the end of section 235 (8 U.S.C. 1225), add the following:
    ``(e) Limitation on Use of Expedited Procedure.--
            ``(1) Expedited removal limited to extraordinary migration 
        situations.--Notwithstanding subsection (b)(1), unless the 
        Attorney General determines that the numbers or circumstances 
        of aliens en route to or arriving in the United States present 
        an extraordinary migration situation, the Attorney General may 
        not apply the provisions of such subsection to any such alien.
            ``(2) Extraordinary migration situation.--As used in this 
        subsection, the term `extraordinary migration situation' means 
        the arrival or imminent arrival at a border of the United 
        States of aliens who by their numbers or circumstances 
        substantially exceed the capacity for the inspection and 
        examination of such aliens.
            ``(3) Discretion.--Subject to paragraph (4), the 
        determination whether there exists an extraordinary migration 
        situation within the meaning of paragraphs (1) and (2) is 
        committed to the sole and exclusive discretion of the Attorney 
        General.
            ``(4) Period.--The provisions of this subsection may be 
        invoked under paragraph (1) for a period not to exceed 90 days, 
        unless within such 90-day period or any extension thereof, the 
        Attorney General determines, after consultation with the 
        Committees on the Judiciary of the United States House of 
        Representatives and the Senate, that an extraordinary migration 
        situation continues to warrant such procedures remaining in 
        effect for additional 90-day periods.''.

SEC. 102. USING IMMIGRATION JUDGES IN EXPEDITED REMOVAL PROCEEDINGS.

    Section 235(b)(1)(A) (8 U.S.C. 1225(b)(1)(A)) is amended--
            (1) in clause (i)--
                    (A) by striking ``is inadmissible'' and inserting 
                ``may be inadmissible'';
                    (B) by striking ``(iii)'' and inserting ``(iv)''; 
                and
                    (C) by striking ``shall order'' and all that 
                follows through the period at the end and inserting 
                ``shall refer the alien to an immigration judge for a 
                hearing.'';
            (2) by redesignating clauses (ii) and (iii) as clauses 
        (iii) and (iv), respectively;
            (3) by inserting after clause (i) the following:
                            ``(ii) Immigration judge hearing.--If an 
                        immigration judge determines, based on a 
                        hearing, that an alien described in clause (i) 
                        is inadmissible under paragraph (6)(C) or (7) 
                        of section 212(a), the judge shall order the 
                        alien removed from the United States without 
                        further hearing or review unless the alien 
                        indicates either an intention to apply for 
                        asylum under section 208 or a fear of 
                        persecution.'';
            (4) in clause (iii) (as so redesignated)--
                    (A) by striking ``immigration officer'' and 
                inserting ``immigration judge'';
                    (B) by striking ``clause (iii)'' and inserting 
                ``clause (iv)''; and
                    (C) by striking ``officer shall'' and inserting 
                ``judge shall''; and
            (5) in clause (iv) (as so redesignated), by striking ``(i) 
        and (ii)'' and inserting ``(i), (ii), and (iii)''.

SEC. 103. EQUITABLE DETERMINATION OF ``CREDIBLE FEAR OF PERSECUTION'' 
              IN CASES INVOLVING UNIQUE FACT PATTERNS.

    Section 235(b)(1)(B)(v) (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 
adding at the end ``Nothing in the preceding sentence shall be 
construed to preclude an alien from satisfying the standard in such 
sentence based upon a novel factual situation or a new legal 
argument.''.

         Subtitle B--Judicial Review in Immigration Proceedings

SEC. 111. JUDICIAL REVIEW OF ADMINISTRATIVE REMEDIES AND HABEAS CORPUS.

    Section 242 (8 U.S.C. 1252) is amended to read as follows:

                 ``judicial review of orders of removal

    ``Sec. 242. (a) The procedure prescribed by, and all the provisions 
of chapter 158 of title 28, United States Code, shall apply to, and 
shall be the sole and exclusive procedure for, the judicial review of 
all final orders of removal heretofore or hereafter made against aliens 
within the United States pursuant to administrative proceedings under 
section 240 or pursuant to section 238 of this Act or comparable 
provisions of any prior Act, except as follows:
            ``(1) A petition for review may be filed not later than 90 
        days after the date of the issuance of the final removal order, 
        or, in the case of an alien convicted of an aggravated felony 
        (including an alien described in section 238) not later than 30 
        days after the issuance of such order. No alien shall be 
        removed in the 90 day period (or in the 30 day period in the 
        case of aggravated felons) in which the alien may file a 
        petition for review of a final removal order.
            ``(2) The venue of any petition for review under this 
        section shall be in the judicial circuit in which the 
        administrative proceedings before an immigration judge were 
        conducted in whole or in part, or in the judicial circuit 
        wherein is the residence, as defined in this Act, of the 
        petitioner, but not in more than one circuit.
            ``(3) The action shall be brought against the Immigration 
        and Naturalization Service, as respondent. Service of the 
        petition to review shall be made upon the Attorney General of 
        the United States and upon the official of the Immigration and 
        Naturalization Service in charge of the Service district in 
        which the office of the clerk of the court is located. The 
        service of the petition for review upon such official  of the 
Service shall stay the removal of the alien pending determination of 
the petition by the court, unless the court otherwise directs or unless 
the alien is convicted of an aggravated felony (including an alien 
described in section 238), in which case the Service shall not stay the 
removal of the alien pending determination of the petition of the court 
unless the court otherwise directs.
            ``(4) Except as provided in clause (B) of paragraph (5) of 
        this subsection, the petition shall be determined solely upon 
        the administrative record upon which the removal order is based 
        and the Attorney General's findings of fact, if supported by 
        reasonable, substantial, and probative evidence on the record 
        considered as a whole, shall be conclusive.
            ``(5) Whenever any petitioner, who seeks review of an order 
        under this section, claims to be a national of the United 
        States and makes a showing that his claim is not frivolous, the 
        court shall (A) pass upon the issues presented when it appears 
        from the pleadings and affidavits filed by the parties that no 
        genuine issue of material fact is presented; or (B) where a 
        genuine issue of material fact as to the petitioner's 
        nationality is presented, transfer the proceedings to a United 
        States district court for the district where the petitioner has 
        his residence for hearing de novo of the nationality claim and 
        determination as if such proceedings were originally initiated 
        in the district court under the provisions of section 2201 of 
        title 28, United States Code. Any such petitioner shall not be 
        entitled to have such issue determined under section 360(a) of 
        this Act or otherwise.
            ``(6) Whenever a petitioner seeks review of an order under 
        this section, any review sought with respect to a motion to 
        reopen or reconsider such an order shall be consolidated with 
        the review of the order.
            ``(7) If the validity of a removal order has not been 
        judicially determined, its validity may be challenged in a 
        criminal proceeding against the alien for violation of 
        subsection (a) or (b) of section 243 of this Act only by 
        separate motion for judicial review before trial. Such motion 
        shall be determined by the court without a jury and before the 
        trial of the general issue. Whenever a claim to United States 
        nationality is made in such motion, and in the opinion of the 
        court, a genuine issue of material fact as to the alien's 
        nationality is presented, the court shall accord him a hearing 
        de novo on the nationality claim and determine that issue as if 
        proceedings had been initiated under the provisions of section 
        2201 of title 28, United States Code. Any such alien shall not 
        be entitled to have such issue determined under section 360(a) 
        of this Act or otherwise. If no such hearing de novo as to 
        nationality is conducted, the determination shall be made 
        solely upon the administrative record upon which the removal 
        order is based and the Attorney General's findings of fact, if 
        supported by reasonable, substantial, and probative evidence on 
        the record considered as a whole, shall be conclusive. If the 
        removal order is held invalid, the court shall dismiss the 
        indictment and the United States shall have the right to appeal 
        to the court of appeals within 30 days. The procedure on such 
        appeals shall be as provided in the Federal rules of criminal 
        procedure. No petition for review under this section may be 
        filed by any alien during the pendency of a criminal proceeding 
        against such alien for violation of subsection (a) or (b) of 
        section 243 of this Act.
            ``(8) Nothing in this section shall be construed to require 
        the Attorney General to defer removal of an alien after the 
        issuance of a removal order because of the right of judicial 
        review of the order granted by this section, or to relieve any 
        alien from compliance with subsections (a) and (b) of section 
        243 of this Act. No alien shall be removed in the 90-day period 
        (or in the 30-day period in the case of aggravated felons) in 
        which the alien may file a petition for review of a final 
        removal order.
            ``(9) Nothing contained in this section shall be construed 
        to preclude the Attorney General from detaining or continuing 
        to detain an alien or from taking the alien into custody 
        pursuant to section 241 of this Act at any time after the 
        issuance of a removal order.
            ``(10) it shall not be necessary to print the record or any 
        part thereof, or the briefs, and the court shall review the 
        proceedings on a typewritten record and on typewritten briefs.
            ``(11) Any alien held in custody pursuant to an order of 
        removal may obtain judicial review thereof by habeas corpus 
        proceedings.
    ``(b) Notwithstanding the provisions of any other law, any alien 
against whom a final order of removal has been made heretofore or 
hereafter under the provisions of section 235 of this Act or comparable 
provisions of any prior Act may obtain judicial review of such order by 
habeas corpus proceedings and not otherwise.
    ``(c) An order of removal shall not be reviewed by any court if the 
alien has not exhausted the administrative remedies available to the 
alien as of right under the immigration laws and regulations. Every 
petition for review or for habeas corpus shall state whether the 
validity of the order has been upheld in any prior judicial proceeding, 
and, if so, the nature and date thereof, and the court in which such 
proceeding took place. No petition for review or for habeas corpus 
shall be entertained if the validity of the order has been previously 
determined in any civil or criminal proceeding, unless the petition 
presents grounds which the court finds could not have been presented in 
such prior proceeding, or the court finds that the remedy provided by 
such prior proceeding was inadequate or ineffective to test the 
validity of the order.
    ``(d)(1) A petition for review or for habeas corpus on behalf of an 
alien against whom a final order of removal has been issued pursuant to 
section 238(b) may challenge only--
            ``(A) whether the alien is in fact the alien described in 
        the order;
            ``(B) whether the alien is in fact an alien described in 
        section 238(b)(2)(A) who is not eligible for relief from 
        removal under this Act;
            ``(C) whether the alien has been convicted of an aggravated 
        felony and such conviction has become final; and
            ``(D) whether the alien was afforded the procedures 
        required by section 238(b)(4).
    ``(2) No court shall have jurisdiction to review any issue other 
than an issue described in paragraph (1).''.

SEC. 112. JUDICIAL REVIEW OF ASYLUM DETERMINATIONS.

    (a) Authority To Apply for Asylum.--Section 208(a) (8 U.S.C. 
1158(a)) is amended by striking paragraph (3).
    (b) Conditions for Granting Asylum.--Section 208(b)(2) (8 U.S.C. 
1158(b)(2)) is amended by striking subparagraph (D).

SEC. 113. JUDICIAL REVIEW OF DECISIONS CONCERNING APPREHENSION AND 
              DETENTION OF ALIENS.

    Section 236 (8 U.S.C. 1226) is amended by striking subsection (e).

SEC. 114. JUDICIAL REVIEW OF DECISIONS CONCERNING WAIVERS.

    (a) Inadmissible Aliens.--Section 212 (8 U.S.C. 1182) is amended--
            (1) by striking the final sentences of subsections (d)(12) 
        and (h); and
            (2) in subsection (i)--
                    (A) by striking paragraph (2); and
                    (B) by striking ``(i)(1)'' and inserting ``(i)''.
    (b) Deportable Aliens.--Section 237(a)(3)(C)(ii) (8 U.S.C. 
1227(a)(3)(C)(ii)) is amended by striking the final sentence.

SEC. 115. JUDICIAL REVIEW OF ORDERS ISSUED IN ABSENTIA.

    Section 240(b)(5) (8 U.S.C. 1229a(b)(5)) is amended by striking 
subparagraph (D) and redesignating subparagraph (E) as subparagraph 
(D).

SEC. 116. JUDICIAL REVIEW OF DENIAL OF REQUEST FOR ORDER OF VOLUNTARY 
              DEPARTURE.

    Section 240B (8 U.S.C. 1229c) is amended by striking subsection 
(f).

SEC. 117. TRANSITIONAL CHANGES IN JUDICIAL REVIEW.

    Section 309(c)(4) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1101 note) is repealed.

              Subtitle C--Fairness in Removal Proceedings

SEC. 121. EQUITABLE BURDEN OF PROOF FOR ADMISSIBILITY.

    Section 240(c)(2) (8 U.S.C. 1229a(c)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``establishing--'' and inserting ``establishing, by clear and 
        convincing evidence--'';
            (2) in subparagraph (A), by striking ``clearly and beyond 
        doubt''; and
            (3) in subparagraph (B), by striking ``by clear and 
        convincing evidence,''.

SEC. 122. PRESUMPTION IN FAVOR OF WITHDRAWAL OF APPLICATION FOR 
              ADMISSION.

    Section 235(a)(4) (8 U.S.C. 1225(a)(4)) is amended to read as 
follows:
            ``(4) Withdrawal of application for admission.--
                    ``(A) Presumption in favor of withdrawal.--The 
                Attorney General shall permit an alien applying for 
                admission to withdraw the application and depart 
                immediately from the United States at any time, unless 
                an immigration judge has rendered a decision with 
                respect to the admissibility of the alien, except that 
                the Attorney General may deny permission for the 
                withdrawal when warranted by unusual circumstances.
                    ``(B) Permissive withdrawal.--Except as provided in 
                subparagraph (A), an alien applying for admission may, 
                in the discretion of the Attorney General and at any 
                time after a decision described in such subparagraph 
                has been rendered, be permitted to withdraw the 
                application and depart immediately from the United 
                States.''.

SEC. 123. ABSENCES OUTSIDE THE CONTROL OF THE ALIEN.

    Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13(C)) is amended--
            (1) by amending clause (ii) to read as follows:
                            ``(ii) has been absent from the United 
                        States for a continuous period in excess of one 
                        year unless the alien's return was impeded by 
                        emergency or extenuating circumstances outside 
                        the control of the alien,'';
            (2) by inserting ``or'' at the end of clause (iii);
            (3) by striking clauses (iv) and (v); and
            (4) by redesignating clause (vi) as clause (iv).

SEC. 124. REINSTATEMENT OF REMOVAL ORDERS AGAINST ALIENS ILLEGALLY 
              REENTERING.

    Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended is amended to 
read as follows:
            ``(5) Reinstatement of removal orders against aliens 
        illegally reentering.--If after a hearing before an immigration 
        judge the Attorney General finds that an alien has reentered 
        the United States illegally after having been removed or having 
        departed voluntarily, under an order of removal issued on or 
        after April 1, 1997, the prior order of removal may be deemed 
        to be reinstated from its original date and the alien may be 
        removed under the prior order at any time after the reentry 
        subject to reopening and review of the previous order. Nothing 
        in this section shall preclude an alien from applying for any 
        relief from removal under this Act.''.

SEC. 125. REMOVAL HEARINGS OPEN TO THE PUBLIC.

    Section 239 (8 U.S.C. 1229) is amended by adding at the end the 
following new subsection:
    ``(e) Removal Proceedings Open to the Public.--
            ``(1) In general.--Subject to paragraph (2), a removal 
        proceeding held pursuant to section 240 shall be open to the 
        public.
            ``(2) Exceptions.--A removal proceeding may be closed to 
        the public to preserve the confidentiality of asylum 
        applications, withholding of removal, relief under the 
        Convention Against Torture, battered immigrants, or for 
        protecting witnesses, parties, or other persons from a 
        substantial risk of physical harm. In a case where closing a 
        removal proceeding is appropriate pursuant to this paragraph, 
        the closing of the proceeding shall be limited to the portion 
        that is necessary to achieve a compelling interest and there is 
        no less restrictive alternative.''.

SEC. 126. DEADLINE FOR PLACEMENT IN REMOVAL PROCEEDINGS.

    Section 236(a) (8 U.S.C. 1226(a)) is amended by adding after and 
below paragraph (3) at the end the following:
``Except as provided in section 236A(a)(5), the Attorney General shall 
place an alien detained under this Act in removal proceedings not later 
than 48 hours after commencement of such detention.''.

                   Subtitle D--Fairness in Detention

SEC. 131. RESTORING DISCRETIONARY AUTHORITY TO THE ATTORNEY GENERAL IN 
              CASES OF INDIVIDUALS WHO POSE NO RISK TO SAFETY OR OF 
              FLEEING.

    Section 236(c) (8 U.S.C. 1226(c)) is amended--
            (1) in paragraph (1), by striking ``Attorney General 
        shall'' and inserting ``Attorney General may''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Release.--The Attorney General shall release any 
        alien described in paragraph (1) if the alien satisfies the 
        Attorney General that the alien will not pose a danger to the 
        safety of other persons or of property and is likely to appear 
        for any scheduled proceeding. All custody, bond, and parole 
        determinations shall be reviewable by an immigration judge and 
        subject to administrative appeal.''.

SEC. 132. PERIODIC REVIEW OF DETENTION DETERMINATION.

    Section 241(a)(6) (8 U.S.C. 1231(a)(6)) is amended--
            (1) by inserting ``(A)'' after the dash;
            (2) by inserting ``for a reasonable period of time, not to 
        exceed 6 months following the entry of a final order of 
        removal, to allow for ongoing negotiations to effect such 
        removal'' after ``removal period''; and
            (3) by adding at the end the following::
            ``(B) During the removal period, the Attorney General shall 
        review whether continued detention of the alien is appropriate 
        under subparagraph (A).
            ``(C) Determinations under this paragraph shall be subject 
        to de novo review by an immigration judge and administrative 
        appeal. In such review, it shall be the Attorney General's 
        burden to prove that continued detention is appropriate under 
        subparagraph (A).
            ``(D) This paragraph not apply to aliens detained pursuant 
        to section 236A(a)(1).''.

SEC. 133. LIMITATION ON INDEFINITE DETENTION.

    Section 241 (8 U.S.C. 1231) is amended by adding at the end the 
following:
    ``(j) Notwithstanding any other provision of this section, 
including subsection (a)(2), the Attorney General may not detain an 
alien who requests release and demonstrates to the Attorney General 
that--
            ``(1) the alien is not a risk to the community and is 
        likely to comply with the order of removal; and
            ``(2) removal of the alien cannot be effectuated within the 
        removal period specified in section 241(a)(6)(A).
The determination by the Attorney General shall be subject to de novo 
review by an immigration judge and administrative appeal.''.

SEC. 134. PILOT PROGRAM TO CONSIDER ALTERNATIVES TO DETENTION.

    (a) Pilot Program on Alternatives to Detention in Penal Setting.--
The Attorney General shall establish a pilot program in 3 district 
offices of the Immigration and Naturalization Service to determine the 
viability of supervision, through means other than confinement in a 
penal setting, of aliens who have no criminal record, or have a 
criminal record that does not include a felony that constitutes a crime 
of violence as described in section 16 of title 18, United States Code, 
but who are subject to detention under the Immigration and Nationality 
Act at the discretion of the Attorney General.
    (b) Study and Report on Alternatives to Detention in Penal 
Setting.--In carrying out subsection (a), the Attorney General shall 
conduct a study, and submit a report to the Congress not later than 6 
months after the date of the enactment of this Act, on alternatives to 
detention of aliens who have no criminal record (or have a criminal 
record that does not include a felony that constitutes a crime of 
violence as described in section 16 of title 18, United States Code) 
and are not inadmissible or deportable by reason of having committed a 
criminal offense in detention facilities used for the incarceration of 
persons convicted of a criminal offense.

SEC. 135. ELIMINATION OF MANDATORY DETENTION IN EXPEDITED REMOVAL 
              PROCEEDINGS.

    Section 235(b)(1)(B)(iii)(IV) (8 U.S.C. 1225(b)(1)(B)(iii)(IV)) is 
amended to read as follows:
                                    ``(IV) Detention.--Aliens subject 
                                to the procedures under this clause 
                                shall be detained in accordance with 
                                section 236.''.

SEC. 136. RIGHT TO COUNSEL.

    Section 292 (8 U.S.C. 1362) is amended by striking the matter after 
the section designation and inserting the following: ``In any bond, 
custody, detention, or removal proceedings before the Attorney General 
and in any appeal proceedings before the Attorney General from any such 
proceedings, the person concerned shall have the privilege of being 
represented (at no expense to the government) by such counsel, 
authorized to practice in such proceedings, as he shall choose. With 
consent of their clients, counsel may enter appearances limited to 
bond, custody, or other specific proceedings.''.

SEC. 137. AUTOMATIC STAYS OF RELEASE ORDERS.

    (a) Release Orders of Immigration Judges and the Board of 
Immigration Appeals.--
            (1) In general.----
                    (A) Stay.--In the case of an alien detained by the 
                Service in which a district director of the Service has 
                determined that the alien should not be released or has 
                set a bond for release of the alien, no order of an 
                immigration judge or the Board authorizing release (on 
                bond or otherwise) may be stayed except in accordance 
                with this section.
                    (B) Deadline.--In any case where the Board has 
                issued a stay of release pending appeal, a final 
                decision on the appeal from the bond redetermination 
                decision shall be made within 30 days.
            (2) Stays of immigration judge release orders by board.--
                    (A) Emergency stay.--An order of an immigration 
                judge redetermining the conditions of custody of an 
                alien may be stayed by order of the Board, for a period 
                not to exceed 30 days from the date of the order 
                authorizing release, if the Service demonstrates to the 
                satisfaction of the Board that--
                            (i) there is a likelihood of success by the 
                        Service on the merits;
                            (ii) irreparable harm would occur if a stay 
                        of the order is not granted;
                            (iii) the potential harm to the Service 
                        outweighs the harm to the alien who is the 
                        subject of the order if a stay of the order is 
                        not granted; and
                            (iv) granting a stay of the order would 
                        serve the public interest.
                    (B) Automatic stay in certain cases.--If an alien 
                is subject to section 236(c)(1), and the Service has 
                denied the alien's request for release or has set a 
                bond of $10,000 or more, any order of an immigration 
                judge authorizing release of an alien (on bond or 
                otherwise) shall, upon the Service's filing of a notice 
                of intent to appeal a custody redetermination with the 
                immigration court within one business day of the day 
                the order is issued, be automatically stayed for a 
                period of 5 days in order to provide the Service with 
                an opportunity to request an emergency stay under 
                subparagraph (A). Any such stay shall lapse upon 
                failure of the Service to file a timely notice of 
                appeal.
            (3) Board release orders; stays by attorney general.--
                    (A) Period required to file stay.--An order of the 
                Board authorizing release of an alien (on bond or 
                otherwise) shall be stayed for a period of 48 hours if 
                the Service files with the Board a notice of intent to 
                seek certification of the case to the Attorney General.
                    (B) Stay.--If, within the 48-hour period described 
                in subparagraph (A), the Attorney General or the Deputy 
                Attorney General personally determines in writing that 
                there are reasonable grounds to believe that the alien 
                is involved in terrorist activity or is a threat to 
                national security, an order described in subparagraph 
                (A) may be stayed for an additional period 10 days from 
                the date of the order of the Board authorizing release.
                    (C) Decision by attorney general.--Before the 
                expiration of the 10-day period described in 
                subparagraph (B), the Attorney General or the Deputy 
                Attorney General shall personally determine whether to 
                certify the alien under section 236A of the Immigration 
                and Naturalization Act. If the alien is not so 
                certified, the stay shall expire and the order of the 
                Board authorizing release shall go into effect.
    (b) Definitions.--In this section:
            (1) Board.--The term ``Board'' means the Board of 
        Immigration Appeals or successor body charged with reviewing 
        the decisions of an immigration judge.
            (2) Immigration judge.--The term ``immigration judge'' 
        means an immigration judge or other hearing officer charged 
        with reviewing initial custody, bond and release decisions.
            (2) Service.--The term ``Service'' means the Immigration 
        and Naturalization Service or successor body charged with 
        making initial custody, bond or release decisions.

SEC. 138. REPORT ON DETENTION OF ALIENS.

    (a) Amendment to HRIFA.--Section 904 of the Haitian Refugee 
Immigration Fairness Act of 1998 (enacted as part of Public Law 105-
277) is amended--
            (1) in subsection (a)(3), by inserting ``or contract 
        facilities with private sector entities,'' after ``local 
        facilities'';
            (2) in subsections (d) and (e), by striking ``and (c)'' and 
        inserting ``(c), (d), and (e)'' and by redesignating such 
        subsections as subsections (f) and (g), respectively; and
            (3) inserting after subsection (c) the following new 
        subsections:
    ``(d) Indefinite Detainees.--With respect to non-removable aliens 
who have been detained for 90 days or more after having been served 
with a final order of removal, the Attorney General shall also collect 
data and report to Congress, at least once every three months, 
concerning the following:
            ``(1) The number of such detainees per country of origin.
            ``(2) The location of each such detainee by detention 
        facility.
            ``(3) The number of such detainees who have been detained 
        for the same length of time, in 3-month increments.
            ``(4) The number and percentage of such detainees who have 
        had annual custody reviews.
            ``(5) The number and percentage of such detainees who have 
        come forward for a review of their detention pursuant to the 
        Service's custody review procedures.
            ``(6) The number and percentage of such detainees who have 
        legal representation to assist them in custody determinations, 
        cross referenced with the number who have come forward for a 
        review of their detention pursuant to the Service's custody 
        review procedures.
            ``(7) The percentage of such detainees who did not receive 
        a custody review initially because they did not make the 
        requisite efforts to comply with their removal orders.
    ``(e) Persons Detained on or After September 11, 2001.--With 
respect to persons who have been detained on or after September 11, 
2001, by the Department of Justice in connection with its initiatives 
on terrorism, whether or not certified as suspected terrorists under 
section 236A(a)(3), and whether or not charged with any criminal 
offense or ground of removal relating to terrorism, the Attorney 
General shall collect data and report to Congress, at least once every 
three months, concerning the following:
            ``(1) The number of such persons who have been detained and 
        the number who remain in detention, by country of origin and 
        ethnic background.
            ``(2) For each person detained--
                    ``(A) the charges against such person;
                    ``(B) the disposition or current status of such 
                charges; and
                    ``(C) the length of time after such person was 
                taken into custody before immigration or criminal 
                charges were filed.
            ``(3) For each person held as a material witness, the 
        orders of a court permitting such detention which have not been 
        sealed and any orders permitting the sealing of such orders.
            ``(4) For each alien detained--
                    ``(A) whether such alien was advised of the alien's 
                right to be represented by an attorney, at the alien's 
                own expense, whether such alien obtained 
                representation, and the efforts of the Department to 
                facilitate such representation; and
                    ``(B) whether such alien was advised of the alien's 
                right to consular assistance and the practical steps 
                taken to permit such person to obtain such assistance.
            ``(5) For each alien who was charged with a ground of 
        removal and ordered removed, whether such alien has been 
        removed.
            ``(6) For each alien who was charged with a ground of 
        removal and who has not been removed--
                    ``(A) whether such alien continues to be detained 
                and whether such alien has been given a hearing before 
                an immigration judge to determine risk of flight or 
                dangerousness and the outcome of such hearing and any 
                appeals therefrom; and
                    ``(B) whether such alien is contesting 
                deportability or inadmissibility or applying for any 
                relief from removal and, if such alien is not doing so, 
                the reason for the alien's continued detention.
            ``(7) For each alien who has been removed--
                    ``(A) whether the United States government urged 
                the nation to which the alien was removed to detain 
                that alien;
                    ``(B) the United States government's purpose in 
                urging such detention;
                    ``(C) whether the Department of State has 
                determined that the foreign government detaining such 
                alien uses torture or other coercive methods of 
                interrogation; and
                    ``(D) whether the United States government intends 
                to obtain any information from such foreign government 
                that is the result of interrogation of that alien.''.
    (b) Sense of Congress.--The following is the sense of Congress:
            (1) The failure of the Attorney General to meet the 
        reporting requirements of sections 903(b) and 904(d) of the 
        Haitian Refugee Immigration Fairness Act of 1998 (enacted as 
        part of Public Law 105-277), as in effect prior to the date of 
        the enactment of this Act, has severely impacted the ability of 
        Congress to exercise its plenary power over immigration and 
        meet its constitutional responsibility to conduct oversight 
        over the detention practices of the Immigration and 
        Naturalization Service.
            (2) Congress is deeply troubled by the repeated failure of 
        the Attorney General, without explanation, to meet these and 
        other reporting requirements mandated by law.
            (3) Congress expects that the Attorney General will produce 
        the reports mandated by sections 903(b) and 904(d) of such Act 
        (as in effect prior to the date of the enactment of this Act) 
        without delay.
            (4) Congress further expects that the Attorney General will 
        produce the reports mandated by sections 904(d) and 904(e) of 
        such Act, as amended by this section, not later than 90 days 
        after the date of the enactment of this Act.
            (5) Congress further expects that, immediately upon the 
        enactment of this Act, the Attorney General will inform 
        Congress of his progress in complying with the reporting 
        requirements described in paragraphs (3) and (4), including the 
        estimated dates of completion of such reports.

SEC. 139. CLARIFICATION OF INTENT OF TRANSITIONAL PROVISION ON 
              REFERENCES TO REMOVAL ORDERS.

    Section 309(d)(2) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended by striking 
``deportation.'' and inserting ``deportation, except that nothing in 
this paragraph shall be construed as making any change in the 
Immigration and Nationality Act made by this Act effective 
retroactively.''.

            Subtitle E--Consular Review of Visa Applications

SEC. 141. ESTABLISHMENT OF A BOARD OF VISA APPEALS.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 224 the following new section:

                        ``board of visa appeals

    ``Sec. 225. (a) Establishment.--The Secretary of State shall 
establish within the Department of State a Board of Visa Appeals. The 
Board shall be composed of 5 members who shall be appointed by the 
Secretary. Not more than 2 members of the Board may be consular 
officers. The Secretary shall designate a member who shall be 
chairperson of the Board.
    ``(b) Authority and Functions.--The Board shall have authority to 
review any discretionary decision of a consular officer with respect to 
an alien concerning the denial, revocation, or cancellation of an 
immigrant visa or of a nonimmigrant visa or petition, or the denial of 
an application for waiver of one or more grounds of inadmissibility 
under section 212. The review of the Board shall be made upon the 
record for decision of the consular officer, including all documents, 
notes, and memoranda filed with the consular officer, supplemented by 
affidavits and other writings if offered by the consular officer or 
alien. Upon a conclusive showing that the decision of the consular 
official is contrary to the preponderance of the evidence, the Board 
shall have authority to overrule, or remand for further consideration, 
the decision of such consular officer.
    ``(c) Procedure.--Proceedings before the Board shall be in 
accordance with such regulations, not inconsistent with this Act and 
sections 556 and 557 of title 5, United States Code, as the Secretary 
of State shall prescribe. Such regulations shall include requirements 
that provide that--
            ``(1) at the time of any decision of a consular officer 
        under subsection (b), an alien, attorney of record, and any 
        interested party defined in subsection (d) shall be given 
        notice of the availability of the review process and the 
        necessary steps to request such review;
            ``(2) a written record of the proceedings and decision of 
        the consular officer (in accordance with sections 556 and 557 
        of title 5, United States Code) shall be available to the 
        Board, and on payment of lawfully prescribed costs, shall be 
        made available to the alien;
            ``(3) upon receipt of request for review under this 
        section, the Board shall, within 30 days, notify the consular 
        officer with respect to whose decision review is sought, and, 
        upon receipt of such notice, such officer shall promptly (but 
        in no event more than 30 days after such receipt) forward to 
        the Board the record of proceeding as described in subsection 
        (b);
            ``(4) the appellant shall be given notice, reasonable under 
        all the circumstances of the time and place at which the Board 
        proceedings will be held;
            ``(5) the appellant may be represented (at no expense to 
        the Government) by such counsel, authorized to practice in such 
        proceedings, as the appellant shall choose; and
            ``(6) a request for review under this section must be made 
        in writing to the Board within 60 days after receipt of notice 
        of the denial, revocation, or cancellation.
    ``(d) Interested Parties.--The Board shall review each decision 
described in subsection (b) upon request of the alien or any of the 
following interested parties:
            ``(1) The petitioner or beneficiary of an immigrant visa 
        petition approved under section 203(a), 203(b)(1), 203(b)(4), 
        203(b)(5), or 203(c), or the petitioner of an immigrant visa 
        petition approved under section 203(b)(2) or 203(b)(3).
            ``(2) The petitioner of a nonimmigrant visa petition.
            ``(3) The postsecondary educational institution approved 
        for the attendance of nonimmigrant students under section 
        101(a)(15)(F)(i) or 101(a)(15)(M)(i) which has provided notice 
        of the acceptance of the alien in its program.
            ``(4) A recognized international agency or organization 
        approved as a program sponsor under section 101(a)(15)(J) which 
        has provided notice of the acceptance of the alien in its 
        program.
            ``(5) A treaty investor or trader individual or 
        organization in the United States that, under section 
        101(a)(15)(E), has made an offer of employment to an alien to 
        perform executive or supervisory management functions.
    ``(e) Limitation.--A review may not be requested under this section 
more than once in any 24-month period.
    ``(f) Construction.--This section may not be construed to restrict 
any right to further administrative or judicial review established 
under any other provision of law.
    ``(g) Fees.--The Secretary of State shall charge, and collect, an 
appropriate fee associated with a request to the Board for a review. 
Such fee shall be sufficient to cover the cost of the administration of 
this section.''.
    (b) Technical Amendments.--
            (1) Section 222(f) (8 U.S.C. 1202(f)) is amended--
                    (A) by striking ``except that'' and all that 
                follows up to the period; and
                    (B) by adding at the end: ``An interested party 
                under section 225(d) or court shall be permitted to 
                inspect the record of proceeding as described in 
                subsections (c)(2) and (c)(3) of section 225.''.
            (2) Section 104(a)(1) (8 U.S.C. 1104(a)(1)) is amended by 
        striking the ``except'' and inserting ``including''.
            (3) The table of contents is amended by inserting after the 
        item relating to section 224 the following new item:

``Sec. 225. Board of Visa Appeals.''.

SEC. 142. NONDISCRIMINATION PROVISIONS.

    (a) Nondiscrimination in Issuance of Immigrant Visas.--Section 
202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--
            (1) in subparagraph (A), by inserting ``sexual orientation, 
        disability,'' after ``sex,''; and
            (2) in subparagraph (B), by striking ``processed.'' and 
        inserting ``processed, to the extent that such procedures do 
        not discriminate based on race, sex, sexual orientation, 
        disability, nationality, place of birth, or place of residence 
        in violation of subparagraph (A).''.
    (b) Nondiscrimination in Issuance of Nonimmigrant Visas.--Section 
214 (8 U.S.C. 1184) is amended--
            (1) by redesignating the subsection (l) added by section 
        625(a) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-
        1820) as subsection (m); and
            (2) by adding at the end the following:
    ``(n) Except as specifically provided by law, no person shall 
receive any preference or priority or be discriminated against in the 
issuance of a nonimmigrant visa because of the person's race, sex, 
sexual orientation, disability, nationality, place of birth, or place 
of residence.''.

  TITLE II--FAIRNESS AND EQUITY IN CASES INVOLVING PREVIOUS AND MINOR 
                               MISCONDUCT

     Subtitle A--Increased Fairness and Equity Concerning Removal 
                              Proceedings

SEC. 201. EQUITABLE DEFINITION OF ``CRIME INVOLVING MORAL TURPITUDE''.

    (a) Conviction of Certain Crimes.--Section 212(a)(2)(A)(i) (8 
U.S.C. 1182(a)(2)(A)(i)) is amended by striking ``of, or who admits 
having committed, or who admits committing acts which constitute the 
essential elements of--'' and inserting ``of--''.
    (b) Exception.--Section 212(a)(2)(A)(ii)(II) (8 U.S.C. 
1182(a)(2)(A)(ii)(II)) is amended--
            (1) by striking ``the maximum'' and all that follows 
        through ``such crime,''; and
            (2) by striking ``6 months'' and inserting ``1 year''.

SEC. 202. EQUITABLE APPLICATION AND DEFINITION OF ``AGGRAVATED 
              FELONY''.

    (a) Illicit Trafficking.--Section 101(a)(43)(B) (8 U.S.C. 
1101(a)(43))(B)) is amended by striking ``Code);'' and inserting 
``Code), except a single offense of simple possession of a controlled 
substance that is an alien's first controlled substance offense;''.
    (b) Crimes of Violence and Theft Offenses.--Subparagraphs (F), (G), 
(J), (M), (R), and (S) of section 101(a)(43) (8 U.S.C. 1101(a)(43)) are 
each amended by striking ``imprisonment'' and all that follows through 
the semicolon and inserting ``imprisonment of more than 5 years;''.
    (c) Alien Smuggling.--Section 101(a)(43)(N) (8 U.S.C. 
101(a)(43)(N)) is amended--
            (1) by inserting ``committed for the purpose of commercial 
        advantage,'' after ``smuggling),''; and
            (2) by adding at the end a semicolon.
    (d) Discretionary Waiver in Cases of Other Minor Felonies.--Section 
101 (8 U.S.C. 1101) is amended by adding at the end the following:
    ``(i) For purposes of this Act, and notwithstanding subsection 
(a)(43), the Attorney General may treat any conviction that did not 
result in incarceration for more than 1 year as if such conviction were 
not a conviction for an aggravated felony.''.
    (e) Conforming Change Concerning Removal of Nonpermanent 
Residents.--Section 238(b) (8 U.S.C. 1228(b)) is amended by striking 
paragraph (5).

SEC. 203. EQUITABLE DEFINITIONS OF ``CONVICTION'' AND ``TERM OF 
              IMPRISONMENT''.

    Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amended--
            (1) in subparagraph (A), by striking ``court'' and all that 
        follows through the period at the end and inserting ``court. An 
        adjudication or judgment of guilt that has been expunged, 
        deferred, annulled, invalidated, withheld, or vacated, an order 
        of probation without entry of judgment, or any similar 
        disposition shall not be considered a conviction for purposes 
        of this Act.''; and
            (2) in subparagraph (B)--
                    (A) by inserting ``only'' after ``deemed to 
                include''; and
                    (B) by striking ``court of law'' and all that 
                follows through the period at the end and inserting 
                ``court of law. Any such reference shall not be deemed 
                to include any suspension of the imposition or 
                execution of that imprisonment or sentence in whole or 
                in part.''.

SEC. 204. EQUITABLE DEFINITION OF ``CRIMES OF MORAL TURPITUDE''.

    Section 237(a)(2)(A)(i)(II) (8 U.S.C. 1227(a)(2)(A)(i)(II)) is 
amended to read as follows:
                                    ``(II) for which the alien has been 
                                incarcerated for a period exceeding one 
                                year,''.

SEC. 205. RESTORATION OF FAIRNESS IN EQUITABLE RELIEF FOR LONG-TIME 
              LEGAL PERMANENT RESIDENTS.

    (a) Cancellation of Removal.--Section 240A(a)(3) (8 U.S.C. 
1229b(a)(3)) is amended to read as follows:
            ``(3) has not been convicted of an aggravated felony for 
        which the sentence imposed is five years or more.''.
    (b) Repeal of Rule for Termination of Continuous Period.--
            (1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) (8 U.S.C. 
        1229b(a)) is repealed.
            (2) Section 240A(d) (8 U.S.C. 1229b) is amended--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively; and
                    (B) by inserting before the period at the end of 
                paragraph (1) (as redesignated) the following: ``, 
                unless the alien's departure from the United States was 
                due to a temporary trip abroad required by emergency or 
                extenuating circumstances outside the control of the 
                alien''.
    (c) Cancellation of Removal for Certain Other Permanent Residents 
for Urgent Humanitarian Reasons or Significant Public Benefit.--Section 
240A (8 U.S.C. 1229b) is amended by adding at the end the following:
    ``(f) Cancellation of Removal for Certain Permanent Residents for 
Urgent Humanitarian Reasons or Significant Public Benefit.--In the case 
of an alien otherwise eligible for cancellation of removal under 
subsection (a), except that the alien has been convicted of an 
aggravated felony that renders the alien unable to satisfy the 
requirement in subsection (a)(3), the Attorney General may cancel 
removal of the alien under such conditions as the Attorney General may 
prescribe, but only--
            ``(1) on a case-by-case basis for urgent humanitarian 
        reasons, significant public benefit (including assuring family 
        unity), or any other sufficiently compelling reason; and
            ``(2) after making a written determination that the 
        cancellation of removal poses no danger to the safety of 
        persons or property.''.

SEC. 206. RESTORATION OF FAIRNESS IN EQUITABLE RELIEF FOR OTHER 
              NONCITIZENS.

    (a) Cancellation of Removal and Adjustment for Certain Nonpermanent 
Residents.--Section 240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to 
read as follows:
            ``(1) In general.--The Attorney General may cancel removal 
        in the case of 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--
                            ``(i) 7 years immediately preceding the 
                        date of application in the case of an alien--
                                    ``(I) who is deportable on any 
                                ground other than a ground specified in 
                                clause (ii)(I); and
                                    ``(II) whose deportation would, in 
                                the opinion of the Attorney General, 
                                result in extreme hardship to the alien 
                                or the alien's spouse, parent, son, or 
                                daughter, who is a citizen of the 
                                United States or an alien lawfully 
                                admitted for permanent residence; or
                            ``(ii) 10 years immediately preceding the 
                        date of application in the case of an alien--
                                    ``(I) who is deportable for 
                                conviction of an offense under section 
                                212(a)(2), 237(a)(2), or 237(a)(3); and
                                    ``(II) whose deportation would, in 
                                the opinion of the Attorney General, 
                                result in exceptional and extremely 
                                unusual hardship to the alien or the 
                                alien's spouse, parent, son, or 
                                daughter, who is a citizen of the 
                                United States or an alien lawfully 
                                admitted for permanent residence''; and
                    ``(B) has been a person of good moral character 
                during such period.''.
    (b) Elimination of Annual Limitation.--Section 240A (8 U.S.C. 
1229b) is amended by striking subsection (e).

SEC. 207. ELIMINATING UNFAIR RETROACTIVE CHANGES IN REMOVAL RULES FOR 
              PERSONS SUBJECT TO PENDING PROCEEDINGS.

    (a) Application of Aggravated Felony Definition.--The last sentence 
of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended to read as 
follows: ``The term shall not apply to any offense that was not covered 
by the term on the date on which the offense occurred.''.
    (b) Grounds of Deportability.--Section 237 (8 U.S.C. 1227) is 
amended by adding at the end the following new subsection:
    ``(d) Notwithstanding any other provision of this section, an alien 
is not deportable by reason of committing any offense that was not a 
ground of deportability on the date the offense occurred.''.
    (c) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is 
amended by adding at the end the following new subsection:
    ``(p) Notwithstanding any other provision of this section, an alien 
is not inadmissible by reason of committing any offense that was not a 
ground of inadmissibility on the date the offense occurred.''.

SEC. 208. ELIMINATING UNFAIR RETROACTIVE CHANGES IN REMOVAL RULES FOR 
              PERSONS PREVIOUSLY REMOVED.

    (a) In General.--The Attorney General shall establish a process by 
which an alien described in subsection (b) may apply for reopening a 
proceeding so as to seek relief from exclusion, deportation, or removal 
under section 212(c) of the Immigration and Nationality Act, as such 
section was in effect prior to the enactment of the Antiterrorism and 
Effective Death Penalty Act of 1996, or section 240A of the Immigration 
and Nationality Act, as amended by this Act.
    (b) Alien Described.--An alien referred to in subsection (a) is an 
alien who received a final order of exclusion, deportation, or removal, 
or a decision on a petition for review or petition for habeas corpus, 
on or after September 30, 1996, and who was--
            (1) excluded, deported, or removed from the United States 
        by reason of having committed a criminal offense that was not a 
        basis for removal, exclusion, or deportation on the date on 
        which the offense was committed;
            (2) excluded, deported, or removed from the United States 
        by reason of having committed a criminal offense that is not a 
        basis for removal, exclusion, or deportation on the date of the 
        enactment of this Act; or
            (3) excluded, deported, or removed from the United States 
        by reason of having committed a criminal offense prior to April 
        24, 1996, for which there was relief from exclusion, 
        deportation, or removal available prior to such date.
    (c) Parole.--The Attorney General may exercise the parole authority 
under section 212(d)(5)(A) of the Immigration and Nationality Act (8 
U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens excluded, 
deported, or removed from the United States to participate in the 
process established under subsection (a), if the alien establishes 
prima facie eligibility for the relief.

  Subtitle B--Increased Fairness and Equity Concerning 5-Year Bars to 
               Admission and Other Grounds for Exclusion

SEC. 211. LIMITING 5-YEAR BAR TO ADMISSION TO PERSONS WHO WILLFULLY 
              FAIL TO ATTEND REMOVAL PROCEEDINGS.

    Section 212(a)(6)(B) (8 U.S.C. 1182(a)(6)(B)) is amended to read as 
follows:
                    ``(B) Failure to attend removal proceedings.--
                            ``(i) In general.--Any alien who willfully 
                        and without reasonable cause fails or refuses 
                        to attend or remain in attendance at a 
                        proceeding to determine the alien's 
                        inadmissibility or deportability and who seeks 
                        admission to the United States within 5 years 
                        of such alien's subsequent departure or removal 
                        is inadmissible.
                            ``(ii) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (d)(13).''.

SEC. 212. LIMITING 5-YEAR BAR TO ADMISSION TO PERSONS WHO WILLFULLY 
              VIOLATE STUDENT VISA CONDITIONS.

    (a) In General.--Section 212(a)(6)(G) (8 U.S.C. 1182(a)(6)(G)) is 
amended to read as follows:
                    ``(G) Student visa abusers.--
                            ``(i) In general.--An alien who obtains the 
                        status of a nonimmigrant under section 
                        101(a)(15)(F)(i) and who willfully violates a 
                        term or condition of such status under section 
                        214(m) is inadmissible until the alien has been 
                        outside the United States for a continuous 
                        period of 5 years after the date of the 
                        violation.
                            ``(ii) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (d)(13).''.
    (b) Technical Amendment.--Section 101(a)(15)(F)(i) (8 U.S.C. 
1101(a)(15)(F)(i)) is amended by striking ``214(l)'' and inserting 
``214(m)''.

SEC. 213. LIMITING BAN ON ADMISSIBILITY TO PERSONS WHO WILLFULLY MAKE 
              FALSE CLAIMS FOR CITIZENSHIP.

    (a) Classes of Deportable Aliens.--Section 237(a)(3)(D) (8 U.S.C. 
1227(a)(3)(D)) is amended by inserting ``and willfully'' after 
``falsely'' each place such term appears.
    (b) Classes of Inadmissible Aliens.--Section 212(a)(6)(C)(ii) (8 
U.S.C. 1182(a)(6)(C)(ii)) is amended by inserting ``and willfully'' 
after ``falsely'' each place such term appears.

SEC. 214. EQUITABLE WAIVER OF INADMISSIBILITY FOR MINOR CRIMINAL 
              OFFENSES.

    Section 212(h) (8 U.S.C. 1182(h)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``offense of simple possession of 30 grams or less of 
        marijuana'' and inserting ``controlled substance offense for 
        which the alien was not incarcerated for a period exceeding 1 
        year''; and
            (2) by striking the final two sentences.

SEC. 215. ELIMINATING THE 3 AND 10 YEAR BARS TO INADMISSIBILITY.

    Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended--
            (1) by striking subparagraph (B) and redesignating 
        subparagraph (C) as subparagraph (B); and
            (2) in subparagraph (B), as so redesignated, by striking 
        ``10 years'' and inserting ``3 years''.

              TITLE III--ENCOURAGING FAMILY REUNIFICATION

                  Subtitle A--Reuniting Family Members

SEC. 301. VISA FOR SPOUSES AND CHILDREN OF PERMANENT RESIDENTS 
              TEMPORARILY WAITING FOR VISA NUMBERS.

    (a) In General.--Section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)) is 
amended to read as follows:
            ``(V) an alien (other than one coming for the purpose of 
        study or of performing skilled or unskilled labor or as a 
        representative of foreign press, radio, film, or other foreign 
        information media coming to engage in such vocation) who is the 
        beneficiary of a petition approved under--
                    ``(i) section 204 (excluding the provisions of such 
                section referred to in clause (ii)) for classification 
                by reason of a relationship described in section 
                203(a)(2)(A) with an alien lawfully admitted for 
                permanent residence, who is awaiting the availability 
                of an immigrant visa based upon such approval, and who 
                seeks to enter the United States to achieve family 
                unity by joining the permanent resident alien in the 
                United States; or
                    ``(ii) clause (iii), (iv), (v), or (vi) of section 
                204(a)(1)(A) or clause (ii), (iii), or (iv) of section 
                204(a)(1)(B) and who is awaiting the availability of an 
                immigrant visa based upon such approval.''.
    (b) Provisions Affecting Nonimmigrant Status.--Section 214 (8 
U.S.C. 1184) is amended--
            (1) by redesignating the subsections (o) and (p), as added 
        by sections 1102(b) and 1103(b) of the Departments of Commerce, 
        Justice, and State, the Judiciary, and Related Agencies 
        Appropriations Act, 2001 (as enacted into law by section 
        1(a)(2) of Public Law 106-553) as subsections (p) and (q), 
        respectively; and
            (2) by amending paragraph (1)(B)(i) of subsection (p) (as 
        so redesignated) to read as follows:
                    ``(i) The petition filed under section 204 for 
                which the visa was authorized under section 
                101(a)(15)(V).''.

SEC. 302. REFUGEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF REFUGEES.

    Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended by adding at the 
end the following:
        ``When warranted by unusual circumstances or to preserve family 
        unity, the Attorney General may, in the Attorney General's 
        discretion, consider an unmarried son or daughter of a refugee 
        to be a child of the refugee for purposes of this paragraph.''.

SEC. 303. ASYLEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF ASYLEES.

    Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended by adding at the 
end the following:
        ``When warranted by unusual circumstances or to preserve family 
        unity, the Attorney General may, in the Attorney General's 
        discretion, consider an unmarried son or daughter of an alien 
        who is granted asylum under this subsection to be a child of 
        the alien for purposes of this paragraph.''.

SEC. 304. PROTECTION AGAINST PROCESSING DELAYS.

    (a) In General.--
            (1) New section.--Title I (8 U.S.C. 1101 et seq.) is 
        amended by adding at the end the following:

          ``protection against processing delays for children

    ``Sec. 106. (a) In General.--
            ``(1) Determination of who is a child.--In the case of an 
        application initially to grant a benefit under this Act (other 
        than an application for naturalization) that otherwise would be 
        granted only after a determination that the beneficiary of the 
        application is a child (such as classification as an immediate 
        relative under section 201(b)(2)(A)(i)), if the application is 
        neither approved nor denied (on procedural or substantive 
        grounds) during the 90-day period beginning on the date of the 
        filing of the application--
                    ``(A) the beneficiary shall be considered to be a 
                child for all purposes related to the receipt of the 
                benefit if the beneficiary was a child on the last day 
                of such 90-day period; and
                    ``(B) the beneficiary shall not otherwise be 
                prejudiced with respect to such determination by such 
                delay, and shall be considered to be a  child under 
this Act for all purposes related to such application.
            ``(2) Termination of benefit.--Paragraph (1) shall remain 
        in effect until the termination of the 1-year period beginning 
        on the date on which the application described in such 
        paragraph is approved.
    ``(b) Special Benefits for Sons and Daughters of Naturalized 
Parents.--
            ``(1) In general.--In the case of an alien son or daughter 
        of a parent who is a naturalized citizen, if the alien is the 
        beneficiary of an application for a benefit under this Act that 
        otherwise would be granted only after a determination that the 
        alien is a child--
                    ``(A) the alien shall not be prejudiced with 
                respect to such determination by the failure of the 
                Attorney General to approve the parent's application 
                for naturalization during the 90-day period beginning 
                on date of the filing of the application; and
                    ``(B) the alien son or daughter shall be considered 
                to be a child for all purposes related to such 
                application if the alien was a child on the last day of 
                such 90-day period.
            ``(2) Termination of benefit.--Paragraph (1) shall remain 
        in effect until the termination of the 1-year period beginning 
        on the date on which the application described in such 
        paragraph is approved.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 105 
        the following:

``Sec. 106.  Protection against processing delays for children.''.
    (b) Protection Against Prejudicial Effects of Processing Delays 
Related to Change in Family Status.--Section 203 (8 U.S.C. 1153) is 
amended by adding at the end the following:
    ``(h) Protection Against Prejudicial Effects of Processing Delays 
Related to Change in Family Status.--
            ``(1) In general.--In the case of an application for 
        receipt of an immigrant visa under subsection (a), an 
        application for receipt of an immigrant visa under subsection 
        (d) based on a familial relationship to an alien entitled to 
        immigrant status under subsection (a), or an application for 
        adjustment of status under section 245 based on the 
        availability of an immigrant visa under subsection (a), if the 
        application is neither approved nor denied (on procedural or 
        substantive grounds) during the 90-day period beginning on the 
        date of the filing of the application, the eligibility of the 
        alien beneficiary of the application, for all purposes related 
        to the receipt of the applicable benefit, shall be adjudicated 
        based on the alien's familial status and relationships on the 
        last day of such 90-day period.
            ``(2) Termination of benefit.--Paragraph (1) shall remain 
        in effect until the termination of the 1-year period beginning 
        on the date on which the application described in such 
        paragraph is approved.
            ``(3) Construction.--Paragraph (1) shall not be construed 
        to supersede any ground of inadmissibility under section 
        212(a).''.
    (c) Preventing Immigrants From Waiting Longer for Immigrant Visas 
as a Result of Reclassification From Family Second Preference to Family 
First Preference.--Section 203 (8 U.S.C. 1153) is amended by adding at 
the end the following new subsection:
    ``(h) Ensuring Immigrants Do Not Have To Wait Longer for an 
Immigrant Visa as a Result of Reclassification From Family Second 
Preference to Family First Preference.--Notwithstanding any other 
provision of law, in the case of a petition that has been approved to 
accord preference status under subsection (a)(2)(A), the petition may 
be deemed to provide continued entitlement to status under that 
subsection in the case of any alien petitioner who is subsequently 
naturalized as a United States citizen, if a visa is not immediately 
available to the beneficiary under subsection (a)(1).''.

         Subtitle B--Limited Waiver of Grounds of Admissibility

SEC. 311. DISCRETIONARY WAIVER IN CASES INVOLVING FAMILY MEMBERS.

    (a) In General.--Section 212(i) (8 U.S.C. 1182(i)) is amended to 
read as follows:
    ``(i) The Attorney General may, in the discretion of the Attorney 
General, waive the application of subparagraph (A)(i), or clause (i) or 
(ii) of subparagraph (C), of subsection (a)(6) in the case of an 
immigrant who is the parent, spouse, son, or daughter of a United 
States citizen or of an alien lawfully admitted for permanent residence 
if it is established to the satisfaction of the Attorney General that 
the refusal of admission to the United States of such immigrant alien 
would result in hardship to the alien or to the citizen or lawfully 
resident parent, spouse, son, or daughter of such an alien.''.
    (b) Conforming Amendments.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) 
is amended--
            (1) in subparagraph (A), by adding at the end the 
        following:
                            ``(iii) Waiver authorized.--For provision 
                        authorizing waiver of this subparagraph, see 
                        subsection (i).''; and
            (2) in subparagraph (C)(iii), by striking ``clause (i),'' 
        and inserting ``this subparagraph''.

SEC. 312. DISCRETIONARY WAIVER IN DOCUMENT CASES INVOLVING FAMILY 
              MEMBERS.

    (a) Inadmissible Aliens.--Section 212(d)(12) (8 U.S.C. 1182(d)(12)) 
is amended by striking ``spouse or child'' and inserting ``spouse, son, 
daughter, or parent''.
    (b) Deportable Aliens.--Section 237(a)(3)(C)(ii) (8 U.S.C. 
1227(a)(3)(C)(ii)) is amended by striking ``spouse or child'' and 
inserting ``spouse, son, daughter, or parent''.

SEC. 313. DISCRETIONARY WAIVER TO ADMIT PERSONS IN UNUSUAL 
              CIRCUMSTANCES.

    (a) New General Waiver.--Section 212(d) (8 U.S.C. 1182(d)) is 
amended by adding at the end the following:
    ``(13) The Attorney General may, in the discretion of the Attorney 
General for humanitarian purposes, to assure family unity, or when it 
is otherwise in the public interest, waive the application of 
subparagraph (B)(i) or  (G)(i) of subsection (a)(6) or clause (i) or 
(ii) of subsection (a)(9)(A) in unusual circumstances. For purposes of 
the preceding sentence, an instance of battering or extreme cruelty is 
deemed to constitute unusual circumstances in the case where it is 
inflicted on an alien (or a child of an alien) by the alien's United 
States citizen or lawful permanent resident spouse, parent, child, son, 
or daughter.''.
    (b) Waiver for Aliens Previously Removed.--Section 212(a)(9)(A) (8 
U.S.C. 1182(a)(9)(A)) is amended by adding at the end the following:
                            ``(iv) Waiver authorized.--For provision 
                        authorizing waiver of clause (i) or (ii), see 
                        subsection (d)(13).''.

 Subtitle C--Eliminating Unfairness and Waste in Section 245(i) Waivers

SEC. 321. PERMANENT APPLICATION OF SECTION 245(I).

    Section 245(i)(1) (8 U.S.C. 1255(i)(1)) is amended by striking 
``(i)(1)'' and all that follows through ``The Attorney General'' and 
inserting the following:
    ``(i)(1) Notwithstanding the provisions of subsections (a) and (c) 
of this section, an alien physically present in the United States who--
            ``(A) entered the United States without inspection; or
            ``(B) is within one of the classes enumerated in subsection 
        (c) of this section;
may apply to the Attorney General for the adjustment of his or her 
status to that of an alien lawfully admitted for permanent residence. 
The Attorney General''.

    Subtitle D--Equitable Procedures Concerning Voluntary Departure

SEC. 331. DISCRETIONARY DETERMINATION OF PERIOD OF VOLUNTARY DEPARTURE.

    Section 240B (8 U.S.C. 1229c) is amended in subsections (a)(2) and 
(b)(2) by striking ``not be valid'' and all that follows through the 
period and inserting ``be valid for a period determined by the Attorney 
General to be suitable to an alien's circumstances and that permits the 
alien to depart without government expense or intervention.''.

SEC. 332. DISCRETIONARY DETERMINATION OF VOLUNTARY DEPARTURE BOND BASED 
              ON INDIVIDUAL CIRCUMSTANCES.

    Section 240B(b)(3) (8 U.S.C. 1229c(b)(3)) is amended by striking 
``shall'' and inserting ``may''.

SEC. 333. ELIMINATION OF AUTOMATIC PENALTIES FOR FAILING TO DEPART IN 
              ACCORDANCE WITH A VOLUNTARY DEPARTURE GRANT.

    Section 240B (8 U.S.C. 1229c) is amended by striking subsection 
(d).

         Subtitle E--Fairness in Determination of Public Charge

SEC. 341. EQUITABLE PROCEDURES CONCERNING PUBLIC CHARGE AND AFFIDAVIT 
              OF SUPPORT.

    (a) Grounds for Ineligibility for Admission.--Section 212(a)(4) (8 
U.S.C. 1182(a)(4)) is amended--
            (1) by amending subparagraph (B)(ii) to read as follows:
                    ``(ii) If an alien submits an affidavit of support 
                described in section 213A, in addition to the factors 
                under clause (i), the consular officer or the Attorney 
                General shall also consider such affidavit in 
                determining whether the alien is inadmissible under 
                this paragraph.''; and
            (2) by striking subparagraphs (C) and (D).
    (b) Requirements for Sponsor's Affidavit of Support.--Subsections 
(a)(1)(A), (f)(1)(E), and (f)(4)(B)(i) of section 213A (8 U.S.C. 
1183a(a)(1)(A), (f)(1)(E), and (f)(4)(B)(i)) are amended by striking 
``125'' and inserting ``100''.

          TITLE IV--FAIRNESS IN ASYLUM AND REFUGEE PROCEEDINGS

          Subtitle A--Increased Fairness in Asylum Proceedings

SEC. 401. ELIMINATION OF ARBITRARY TIME LIMITS ON ASYLUM APPLICATIONS.

    Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--
            (1) by striking subparagraph (B);
            (2) in subparagraph (C), by striking ``(D)'' and inserting 
        ``(C)'';
            (3) in subparagraph (D), by striking ``subparagraphs (B) 
        and (C),'' and inserting ``subparagraph (B),''; and
            (4) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (B) and (C), respectively.

SEC. 402. GENDER-BASED PERSECUTION.

    (a) Treatment as Refugee.--Section 101(a)(42) (8 U.S.C. 
1101(a)(42)) is amended by adding at the end the following:
``For purposes of determinations under this Act, a person who 
establishes that he or she suffered persecution in the past, or has a 
well-founded fear of persecution, on account of gender shall be 
considered to have suffered persecution, or to have a well-founded fear 
of persecution, on account of membership in a particular social 
group.''.
    (b) Restriction on Removal to Country Where Alien Would Be 
Threatened.--Section 241(b)(3) (8 U.S.C. 1231(b)(3)) is amended by 
adding at the end the following:
                    ``(C) Gender-based persecution.--For purposes of 
                determinations under this paragraph, an alien who 
                establishes that the alien's life or freedom would be 
                threatened in a country on account of gender shall be 
                considered to have established that the alien's life or 
                freedom would be threatened in that country on account 
                of membership in a particular social group.''.

SEC. 403. PRESUMPTION OF ASYLUM IN CASES OF PAST PERSECUTION.

    Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amended by adding at 
the end the following:
``For purposes of determinations under this Act, a person shall be 
presumed to have a well-founded fear of future persecution if he or she 
has established that he or she was persecuted in the past, unless a 
preponderance of the evidence establishes that since the time the 
persecution occurred conditions in the person's country of nationality 
or last habitual residence have changed to such an extent  that the 
person no longer has a well-founded fear of being persecuted if he or 
she were to return. In a case where the presumption is rebutted, the 
person nonetheless may be considered a refugee if the person 
demonstrates compelling reason for being unwilling to return to the 
person's country of nationality or last habitual residence arising out 
of the severity of the past persecution.''.

SEC. 404. REBUTTABLE PRESUMPTION OF ASYLUM WHERE PERSECUTION OCCURS 
              WITH RESPECT TO A PARTICULAR LOCATION IN A COUNTRY.

    Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amended by adding at 
the end the following:
``For purposes of determinations under this Act, a person who 
establishes that he or she suffered persecution in the past, or has a 
well-founded fear of persecution, with respect to any location in the 
person's country of nationality or last habitual residence shall be 
presumed to have a well-founded fear of future persecution with respect 
to all locations in such country, unless a preponderance of the 
evidence establishes that the threat of future persecution is not 
country-wide. In a case where the presumption is rebutted, the person 
nonetheless may be considered a refugee if the person demonstrates that 
it would be unreasonable to require the person to resettle in any 
location in such country.''.

SEC. 405. ELIMINATION OF ARBITRARY CAP ON PERSONS ELIGIBLE TO ADJUST 
              STATUS FROM ASYLEES TO LEGAL PERMANENT RESIDENTS.

    Section 209(b) (8 U.S.C. 1159(b)) is amended by striking ``Not more 
than 10,000 of the'' and all that follows through ``to adjust to'' and 
inserting ``The Attorney General may adjust, in the Attorney General's 
discretion and under such regulations as the Attorney General may 
prescribe,''.

SEC. 406. RESTORATION OF ELIGIBILITY FOR WITHHOLDING OF REMOVAL FOR 
              PERSONS FACING LOSS OF LIFE OR FREEDOM.

    Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended--
            (1) by amending clause (ii) to read as follows:
                            ``(ii) the alien--
                                    ``(I) has been convicted by final 
                                judgment of a particularly serious 
                                crime for which the sentence imposed 
                                was an aggregate term of imprisonment 
                                of five years or more; and
                                    ``(II) is a danger to the community 
                                of the United States.'';
            (2) by striking the second and third sentences; and
            (3) by adding at the end ``Notwithstanding this 
        subparagraph, an alien may be granted relief under subparagraph 
        (A) if the Attorney General determines the alien should not be 
        removed for urgent humanitarian reasons.''.

Subtitle B--Increased Fairness and Rationality in Refugee Consultations

SEC. 411. TIMELY CONSULTATION WITH RESPECT TO REFUGEE ADMISSIONS.

    Section 207(d)(1) (8 U.S.C. 1157(d)(1)) is amended by striking 
``the start of each fiscal year'' and inserting ``the submission by the 
President to the Congress of the President's budget for the Federal 
Government with respect to a fiscal year,''.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. LIMITING FORFEITURE FOR CERTAIN ASSETS USED TO VIOLATE INS 
              WHERE THERE WAS NO COMMERCIAL GAIN.

    Section 274(b)(1) (8 U.S.C. 1324(b)(1)) is amended by inserting 
``for the purpose of commercial advantage or private financial gain'' 
after ``subsection (a)''.

SEC. 502. ELIMINATION OF BAN ON STATE AND LOCAL GOVERNMENTS FROM 
              PREVENTING COMMUNICATIONS WITH THE INS.

    (a) In General.--Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is repealed.
    (b) Verification of Eligibility for Federal Public Benefits.--
Section 432 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1642) is repealed.

SEC. 503. ELIMINATION OF AUTHORITY TO PERMIT STATE PERSONNEL TO CARRY 
              OUT IMMIGRATION OFFICER FUNCTIONS.

    Section 287(g) (8 U.S.C. 1357(g)) is repealed.

SEC. 504. PAROLE AUTHORITY.

    Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)(A)) is amended by 
striking ``only on a case-by-case basis for urgent humanitarian reasons 
or significant public benefit'' and inserting ``for emergent reasons or 
for reasons deemed strictly in the public interest''.

SEC. 505. ENHANCED BORDER PATROL RECRUITMENT AND RETENTION.

    (a) In General.--
            (1) GS-11 classification.--Any Border Patrol agent 
        classified as a GS-1896 position who completes a 1-year period 
        of service at a GS-9 grade and whose current rating of record 
        is fully successful or higher shall be classified at a GS-11 
        grade and receive pay at the minimum rate of basic pay for a 
        GS-11 position.
            (2) Nonreduction.--Paragraph (1) shall not be construed 
        to--
                    (A) limit or reduce the rate of pay of any Border 
                Patrol agent; or
                    (B) reclassify a Border Patrol agent at a lower 
                classification of position.
    (b) Office of Border Patrol Recruitment and Retention.--
            (1) Establishment.--Not later than 90 days after the date 
        of the enactment of this Act, the Commissioner of the 
        Immigration and Naturalization Service shall establish an 
        Office of Border Patrol Recruitment and Retention within the 
        Immigration and Naturalization Service.
            (2) Functions.--The Office of Border Patrol Recruitment and 
        Retention shall--
                    (A) develop outreach programs to identify and 
                recruit prospective Border Patrol agents;
                    (B) develop programs to retain Border Patrol 
                agents; and
                    (C) submit recommendations to the Commissioner of 
                the Immigration and Naturalization Service relating to 
                pay and benefits of Border Patrol agents.
            (3) Report to congress.--Not later than 150 days after the 
        date of the enactment of this Act, the Commissioner of the 
        Immigration and Naturalization Service shall submit a report to 
        the Congress on the establishment and activities of the Office 
        of Border Patrol Recruitment and Retention.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 for fiscal year 2003 and such sums as may be 
necessary for each fiscal year thereafter to carry out this section.

SEC. 506. ELIMINATION OF DENIAL OF IMMIGRATION BENEFITS FOR ERRONEOUS 
              ASYLUM APPLICATION.

    Section 208(d) (8 U.S.C. 1158(d)) is amended by striking paragraphs 
(6) and (7).

SEC. 507. AUTHORIZATION OF APPROPRIATIONS FOR IMPLEMENTATION OF ACT.

    There are authorized to be appropriated for fiscal years 2003 
through 2009 such sums as may be necessary to implement this Act.

                       TITLE VI--EFFECTIVE DATES

SEC. 601. GENERAL EFFECTIVE DATE.

    Except as provided in section 602, the amendments made by this Act 
shall take effect on the date of the enactment of this Act.

SEC. 602. OTHER EFFECTIVE DATES.

    (a) Title I.--
            (1) Section 102.--The amendments made by section 102 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to petitions for review of determinations of the Attorney 
        General made on or after such date.
            (2) Section 111.--The amendment made by section 111 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to determinations pending on or after such date with 
        respect to which--
                    (A) a final administrative decision has been not 
                been rendered as of such date; or
                    (B) such a decision has been rendered but the 
                period for seeking judicial review of the decision has 
                not expired.
            (3) Section 113.--The amendment made by section 113 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to aliens who are in custody on or after such date.
            (4) Sections 114 and 115.--The amendments made by sections 
        114 and 115 shall take effect on the date of the enactment of 
        this Act and shall apply to petitions for review filed on or 
        after such date.
            (5) Section 116.--The amendment made by section 116 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to appeals from denial of a request for an order of 
        voluntary departure, and requests for a stay of an alien's 
        removal pending consideration of any claim with respect to 
        voluntary departure, filed on or after such date.
            (6) Section 117.--The amendment made by section 117 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to cases in which a final order of exclusion or 
        deportation is entered on or after the date of the enactment of 
        this Act.
            (7) Section 121.--The amendments made by section 121 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to removal proceedings pending on or after such date.
            (8) Section 122.--The amendment made by section 122 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications for admission pending on or after such 
        date.
            (9) Section 141.--
                    (A) In general.--The amendment made by section 
                141(a) shall take effect 120 days after the date of the 
                enactment of this Act.
                    (B) Deadline for regulations.--Proposed regulations 
                with respect to the amendment made by section 141(a) 
                shall be promulgated not later than 30 days after the 
                date of the enactment of this Act.
                    (C) Appointments.--Members of the Board of Visa 
                Appeals under section 225 of the Immigration and 
                Nationality Act (as inserted by section 141(a) of this 
                Act) shall be appointed not later than 120 days after 
                the date of the enactment of this Act.
    (b) Title II.--
            (1) Section 201.--The amendments made by section 201 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications pending on or after such date with 
        respect to which no final administrative decision has been 
        rendered.
            (2) Section 202.--
                    (A) Subsection (a).--The amendment made by section 
                202(a) shall apply to offenses committed on or after 
                the date of the enactment of this Act.
                    (B) Subsections (b) and (c).--The amendments made 
                by subsections (b) and (c) of section 202 shall apply 
                to convictions entered on or after April 24, 1996.
                    (C) Subsection (d).--The amendment made by section 
                202(d) shall apply to convictions entered on or after 
                the date of the enactment of this Act.
            (3) Section 203.--The amendments made by section 203 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to convictions and sentences entered on or after such 
        date.
            (4) Section 204.--The amendment made by section 204 shall 
        apply to convictions entered on or after the date of the 
        enactment of this Act.
            (5) Sections 206 and 207.--The amendments made by sections 
        206(a) and 207 shall take effect on the date of the enactment 
        of this Act and shall apply to aliens in removal proceedings on 
        or after April 1, 1997.
            (6) Sections 211 and 214.--The amendments made by sections 
        211 and 214 shall apply to determinations of inadmissibility 
        made on or after April 1, 1997.
            (7) Section 212.--The amendments made by section 212 shall 
        apply to aliens who obtain the status of a nonimmigrant under 
        section 101(a)(15)(F) of the Immigration and Nationality Act 
        after the end of the 60-day period beginning on September 30, 
        1996, including aliens whose status as such a nonimmigrant is 
        extended after the end of such period.
            (8) Section 213.--The amendments made by section 213 shall 
        apply to representations made on or after September 30, 1996.
    (c) Title III.--
            (1) Section 301.--The amendments made by section 301 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to an alien who is the beneficiary of a classification 
        petition filed under section 204 before, on, or after such 
        date.
            (2) Section 302.--The amendment made by section 302 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications for admission as a refugee pending on or 
        after such date.
            (3) Section 303.--The amendment made by section 303 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to asylum applications pending on or after such date.
            (4) Section 304.--The amendments made by section 304 shall 
        take effect 90 days after the date of the enactment of this Act 
        and shall apply to applications pending on or after such 
        effective date.
            (5) Sections 312(a), 313, and 341.--The amendments made by 
        sections 312(a), 313, and 341 shall take effect on the date of 
        the enactment of this Act and shall apply to applications 
        pending on or after such date with respect to which no final 
        administrative decision has been rendered.
            (6) Section 312(b).--The amendment made by section 312(b) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to proceedings pending on or after such date with 
        respect to which no final administrative decision has been 
        rendered.
            (7) Section 321.--The amendment made by section 321 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications for adjustment of status pending on or 
        after such date.
    (d) Title IV.--
            (1) Section 401.--The amendments made by section 401 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to asylum applications pending on or after such date.
            (2) Section 402.--The amendments made by section 402 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications for asylum or admission as a refugee, and 
        determinations under section 241(b)(3) of the Immigration and 
        Nationality Act, pending on or after such date.
            (3) Section 403.--The amendment made by section 403 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications for asylum or admission as a refugee 
        pending on or after such date.
            (4) Section 404.--The amendment made by section 404 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications for asylum or admission as a refugee 
        pending on or after such date.
            (5) Section 405.--The amendment made by section 405 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to applications for adjustment of status pending on or 
        after such date.
    (e) Title V.--
            (1) Section 505.--Paragraphs (1) and (2) of section 505(a) 
        shall take effect on the first day of the first applicable pay 
        period beginning on or after the date that is 120 days after 
        the date of the enactment of this Act.
            (2) Section 506.--The amendment made by section 506 shall 
        take effect on the date of the enactment of this Act and shall 
        apply to asylum applications made before, on, or after such 
        date.
                                 <all>