[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5288 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5288

To reaffirm the historic treatment of part-time commuter students from 
Canada and Mexico as temporary visitors for purposes of entry into the 
                             United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2002

  Mr. LaFalce (for himself, Mr. Quinn, Mr. Houghton, Mr. Stupak, Mr. 
 Oberstar, Mr. Larsen of Washington, and Mr. McDermott) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To reaffirm the historic treatment of part-time commuter students from 
Canada and Mexico as temporary visitors for purposes of entry into the 
                             United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commuter Students From Border 
Nations Act of 2002''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Citizens of the United States, Canada, and Mexico have 
        always freely crossed the northern and southern borders for 
        purposes of travel for commerce, business, or pleasure.
            (2) The North American Free Trade Agreement gives 
        preferential designation to United States, Canadian, and 
        Mexican nationals who regularly travel as part of their 
        business to engage in trade or commerce among the three 
        nations.
            (3) The Jay Treaty of 1794 provides that citizens of the 
        United States and Canada ``shall at all times be free to . . . 
        pass and repass by land or inland navigation'' into each other 
        countries.
            (4) The United States and Canada have a ``Special 
        Agreement'' that has historically implemented immigration and 
        commercial policies rooted in a common history and founded upon 
        principles of ``grace and courtesy'' first enunciated in the 
        Jay Treaty of 1794.
            (5) Immigration and Naturalization Service regulations 
        acknowledge that ``a visa is not required of a Canadian 
        national in any case. . . ,'' thereby reaffirming that 
        Canadians are free to enter the United States for business and 
        for pleasure, without a visa.
            (6) Canadians and Mexicans who regularly commute to study 
        in the United States have always been granted entry to the 
        United States in the same manner as Canadians and Mexicans who 
        are granted regular entry for recreation, to shop or to engage 
        in commercial activities.
            (7) United States schools and their Canadian and Mexican 
        commuter students both reap substantial cultural, educational, 
        and economic benefits from the ability of the students to 
        commute to classes in communities along the northern and 
        southern borders.
            (8) The policy announcement of May 22, 2002, by the 
        Immigration and Naturalization Service to deny admission to 
        part-time commuter students from Canada and Mexico is contrary 
        to the Jay Treaty, the Immigration and Naturalization Act, the 
        North American Free Trade Agreement, and longstanding 
        Immigration and Naturalization Service practice to admit part-
        time commuter students.
            (9) The May 22, 2002 policy of the Immigration and 
        Naturalization Service to deny admission to part-time commuter 
        students from Canada and Mexico is detrimental to our amicable 
        relations with Canada and Mexico.

SEC. 3. REAFFIRMATION OF THE STATUS OF PART-TIME COMMUTER STUDENTS FROM 
              CANADA OR MEXICO AS TEMPORARY VISITORS FOR PURPOSES OF 
              ENTRY INTO UNITED STATES.

     Notwithstanding the Immigration and Nationality Act or any other 
provision of law, a nonimmigrant alien--
            (1) who is a national of Canada or Mexico, who maintains 
        actual residence and place of abode in the country of 
        nationality;
            (2) who is described in section 101(a)(15)(F)(i) or (M)(i) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(F)(i) or (M)(i)) except that the nonimmigrant 
        alien's qualifications for and actual course of study is less 
        than full-time; and
            (3) who commutes to the United States institution or place 
        of study from Canada or Mexico;
shall be treated in the same manner for purposes of entry as a 
nonimmigrant alien under section 101(a)(15)(B) (8 U.S.C. 
1101(a)(15)(B)) of such Act.
                                 <all>