[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5354 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5354

 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 permanent resident status to the alien spouses and 
              children of certain victims of such attacks.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2002

 Mr. Pallone 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 permanent resident status 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 of 2002''.

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. PERMANENT RESIDENT STATUS ACCORDED TO ALIEN SPOUSES AND 
              CHILDREN OF CERTAIN VICTIMS OF TERRORIST ATTACKS.

     Notwithstanding 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 granted status as a permanent resident alien, 
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 permanent resident status not later 
than two years after the date of enactment of this Act.

SEC. 5. EXCEPTIONS.

     Notwithstanding any other provision of this Act, an alien may not 
be afforded honorary citizenship or granted permanent resident status, 
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).
                                 <all>