[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1265 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1265
To amend the Immigration and Nationality Act to require the Attorney
General to cancel the removal and adjust the status of certain aliens
who were brought to the United States as children.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2001
Mr. Durbin (for himself, Mr. Kennedy, Mr. Reid, Mr. Dodd, Mr.
Wellstone, Mr. Corzine, and Mr. Feingold) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to require the Attorney
General to cancel the removal and adjust the status of certain aliens
who were brought to the United States as children.
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 ``Children's Adjustment, Relief, and
Education Act'' or the ``CARE Act''.
SEC. 2. DEFINITION.
In this Act, the term ``secondary school student'' means a student
enrolled in any of the grades 7 through 12.
SEC. 3. STATE FLEXIBILITY IN PROVIDING IN-STATE TUITION FOR COLLEGE-AGE
ALIEN CHILDREN.
(a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; division C;
110 Stat. 3009-672) (8 U.S.C. 1623) is hereby repealed.
(b) Effective Date.--The repeal made by this section to the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 shall take
effect as if included in the enactment of such Act.
SEC. 4. -CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN
ALIEN CHILDREN.
(a) In General.--Section 240A of the Immigration and Nationality
Act (8 U.S.C. 1229b) is amended--
(1) in subsection (b), by inserting at the end the
following new paragraph:
``(5) Special rule for residents brought to the united
states as children.--
``(A) Authority.--Subject to the restrictions in
subparagraph (B), the Attorney General shall cancel
removal of, and adjust to the status of an alien
lawfully admitted for permanent residence, an alien who
is inadmissible or deportable from the United States,
if the alien applies for relief under this paragraph
and demonstrates that on the date of application for
such relief--
``(i) the alien had not attained the age of
21;
``(ii) the alien had been physically
present in the United States for a continuous
period of not less than five years immediately
preceding the date of such application;
``(iii) the alien had been a person of good
moral character during the five-year period
preceding the application; and
``(iv) the alien--
``(I) was a secondary school
student in the United States;
``(II) was attending an institution
of higher education in the United
States as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C.
1001); or
``(III) with respect to whom the
registrar of such an institution of
higher education in the United States
had certified that the alien had
applied for admission, met the minimum
standards for admission, and was being
considered for admission.
``(B) Restrictions on authority.--Subparagraph (A)
does not apply to--
``(i) an alien who is inadmissible under
section 212(a)(2)(A)(i)(I), or is deportable
under section 237(a)(2)(A)(i), unless the
Attorney General determines that the alien's
removal would result in extreme hardship to the
alien, the alien's child, or (in the case of an
alien who is a child) to the alien's parent; or
``(ii) an alien who is inadmissible under
section 212(a)(3), or is deportable under
section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii).'';
and
(2) in subsection (d)(1)(A), by inserting ``or (5)'' after
``subsection (b)(2)''.
(b) Exemption From Numerical Limitations.--Section 240A of the
Immigration and Nationality Act (8 U.S.C. 1229b), as amended by this
Act, is further amended in subsection (e)(3) by adding at the end the
following new subparagraph:
``(C) Aliens described in subsection (b)(5).''.
(c) Application of Provisions.--For the purpose of applying section
240A(b)(5)(A) of the Immigration and Nationality Act (as added by
subsection (a))--
(1) an individual shall be deemed to have met the
qualifications of clause (i) of such section 240A(b)(5)(A) if
the individual--
(A) had not attained the age of 21 prior to the
date of enactment of this Act; and
(B) applies for relief under this section within
120 days of the effective date of regulations
implementing this section; and
(2) an individual shall be deemed to have met the
requirements of clauses (i), (ii), and (iv) of such section
240A(b)(5)(A) if--
(A) the individual would have met such requirements
at any time during the four-year period immediately
preceding the date of enactment of this Act; and
(B) the individual has graduated from, or is on the
date of application for relief under such section
240A(b)(5) enrolled in, an institution of higher
education in the United States (as defined in clause
(iv) of such section 240A(b)(5)(A)).
(d) Confidentiality of Information.--
(1) Prohibition.--Neither the Attorney General, nor any
other official or employee of the Department of Justice may--
(A) use the information furnished by the applicant
pursuant to an application filed under section
240A(b)(5) of the Immigration and Nationality Act (as
added by this Act) for any purpose other than to make a
determination on the application;
(B) make any publication whereby the information
furnished by any particular individual can be
identified; or
(C) permit anyone other than the sworn officers and
employees of the Department or, with respect to
applications filed under such section 240A(b)(5) with a
designated entity, that designated entity, to examine
individual applications.
(2) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this subsection
shall be fined not more than $10,000.
(e) Regulations.--
(1) Proposed regulation.--Not later than 60 days after the
date of enactment of this Act, the Attorney General shall
publish proposed regulations implementing this section.
(2) Interim, final regulations.--Not later than 120 days
after the date of enactment of this Act, the Attorney General
shall publish final regulations implementing this section. Such
regulations shall be effective immediately on an interim basis,
but shall be subject to change and revision after public notice
and opportunity for a period of public comment.
(3) Elements of regulations.--In promulgating regulations
described in paragraphs (1) and (2), the Attorney General shall
do the following:
(A) Application for relief.--Establish a procedure
allowing eligible individuals to apply affirmatively
for the relief available under section 240A(b)(5) of
the Immigration and Nationality Act (as added by this
Act) without being placed in removal proceedings.
(B) Continuous presence.--Ensure that an alien
shall not be considered to have failed to maintain
continuous physical presence in the United States for
purposes of section 240A(b)(5)(ii) of the Immigration
and Nationality Act (as added by this Act) by virtue of
brief, casual, and innocent absences from the United
States.
(f) Conforming Amendment.--Section 240A(b) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)), as amended by this Act, is further
amended in paragraph (4) by striking ``paragraph (1) or (2)'' each
place it occurs and inserting ``paragraph (1), (2), or (5)''.
SEC. 5. ELIGIBILITY OF CANCELLATION APPLICANTS FOR EDUCATIONAL
ASSISTANCE.
(a) Qualified Aliens.--Section 431 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is
amended by adding at the end the following new paragraph:
``(8) for purposes of determining eligibility for
postsecondary educational assistance, including grants,
scholarships, and loans, an alien with respect to whom an
application has been filed for relief under section 240A(b)(5)
of the Immigration and Nationality Act, but whose application
has not been finally adjudicated.''.
(b) Effective Date.--The amendment made by this section shall apply
as if enacted on August 22, 1996.
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