[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5294 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5294

 To accord honorary citizenship to the alien victims of the September 
 11, 2001, terrorist attacks against the United States and to provide 
 for the granting of citizenship to the alien spouses and children of 
                    certain victims of such attacks.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2002

Mrs. Maloney of New York (for herself, Mr. Weiner, Ms. Lee, Mr. Honda, 
 Mr. Serrano, Mr. Crowley, Mrs. Mink of Hawaii, Mr. Rangel, Mr. Towns, 
Mr. Frank, Mr. Owens, Mr. Israel, Mr. Nadler, and Mr. Frost) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To accord honorary citizenship to the alien victims of the September 
 11, 2001, terrorist attacks against the United States and to provide 
 for the granting of citizenship to the alien spouses and children of 
                    certain victims of such attacks.

    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 ``Terrorist Victim Citizenship Relief 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On September 11, 2001, the United States suffered a 
        series of attacks which led to the deaths of thousands of 
        people.
            (2) Hundreds of foreign nationals perished in the attacks 
        on the American institutions on American soil.
            (3) At that time, the Immigration and Naturalization 
        Service was processing applications for adjustment in 
        immigration status for immigrants who perished in the attacks.
            (4) The immigrant or nonimmigrant status of many immigrant 
        families depends on the sponsorship of those who perished.
            (5) The Immigration and Naturalization Service has publicly 
        stated that it does not intend to take action against foreign 
        nationals whose immigration status is in jeopardy as a direct 
        result of the attack.
            (6) Commissioner of the Immigration and Naturalization 
        Service James Ziglar stated that ``the Immigration and 
        Naturalization Service will exercise its discretion toward 
        families of victims during this time of mourning and 
        readjustment''.
            (7) Only Congress has the authority to change immigration 
        law to address unanticipated omissions in existing law to 
        account for the unique circumstances surrounding the events of 
        September 11, 2001.

SEC. 3. DECEASED ALIEN VICTIMS OF TERRORIST ATTACKS DEEMED TO BE UNITED 
              STATES CITIZENS.

    Notwithstanding title III of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.), and except as provided in section 5, each alien 
who died as a result of a September 11, 2001, terrorist attack against 
the United States, shall, as of that date, be considered to be an 
honorary citizen of the United States if the alien held lawful status 
under the immigration laws of the United States as of that date.

SEC. 4. CITIZENSHIP ACCORDED TO ALIEN SPOUSES AND CHILDREN OF CERTAIN 
              VICTIMS OF TERRORIST ATTACKS.

    Notwithstanding title III of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.), and except as provided in section 5, an alien 
spouse or child of an individual who was lawfully present in the United 
States and who died as a result of a September 11, 2001, terrorist 
attack against the United States shall be entitled to naturalization as 
a citizen of the United States upon being administered the oath of 
renunciation and allegiance in an appropriate ceremony pursuant to 
section 337 of the Immigration and Nationality Act, without regard to 
the current status of the alien spouse or child under the immigration 
laws of the United States, if the spouse or child applies to the 
Attorney General for naturalization not later than two years after the 
date of enactment of this Act. The Attorney General shall record the 
date of naturalization of any person granted naturalization under this 
section as being September 10, 2001.

SEC. 5. EXCEPTIONS.

    Notwithstanding any other provision of this Act, an alien may not 
be naturalized as a citizen of the United States, or afforded honorary 
citizenship, under this Act if the alien is--
            (1) inadmissible under paragraph (2) or (3) of section 
        212(a) of the Immigration and Nationality Act, or deportable 
        under paragraph (2) or (4) of section 237(a) of that Act, 
        including any terrorist perpetrator of a September 11, 2001, 
        terrorist attack against the United States; or
            (2) a member of the family of a person described in 
        paragraph (1).
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