[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 200 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 200

  To revise various provisions of the Immigration and Nationality Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2003

Mr. Gutierrez introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To revise various provisions of the Immigration and Nationality Act.

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

SECTION 1. SHORT TITLE; REFERENCES TO IMMIGRATION AND NATIONALITY ACT.

    (a) Short Title.--This Act may be cited as the ``U.S. Employee, 
Family Unity, and Legalization Act''.
    (b) References to Immigration and Nationality Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Immigration and Nationality 
Act.

SEC. 2. CHANGE OF ENTRY DATE INTO THE UNITED STATES FOR PURPOSES OF A 
              RECORD OF ADMISSION FOR PERMANENT RESIDENCE FOR CERTAIN 
              ALIENS.

    (a) In General.--Section 249 (8 U.S.C. 1259) is amended--
            (1) in the section heading, by striking ``january 1, 1972'' 
        and inserting ``january 1, 1998''; and
            (2) in subsection (a), by striking ``January 1, 1972;'' and 
        inserting ``January 1, 1998;''.
    (b) Clerical Amendment.--The table of sections is amended in the 
item relating to section 249 by striking ``who entered the United 
States prior to January 1, 1972''.
    (c) Extension of Date of Registry.--
            (1) Period beginning january 1, 2005.--Beginning on January 
        1, 2005, section 249 (8 U.S.C. 1259) is amended by striking 
        ``January 1, 1998'' each place it appears and inserting 
        ``January 1, 1999''.
            (2) Period beginning january 1, 2006.--Beginning on January 
        1, 2006, section 249 is amended by striking ``January 1, 1999'' 
        each place it appears and inserting ``January 1, 2000''.
            (3) Period beginning january 1, 2007.--Beginning on January 
        1, 2001, section 249 is amended by striking ``January 1, 2000'' 
        each place it appears and inserting ``January 1, 2001''.
            (4) Period beginning january 1, 2008.--Beginning on January 
        1, 2008, section 249 is amended by striking ``January 1, 2001'' 
        each place it appears and inserting ``January 1, 2002''.
            (5) Period beginning january 1, 2009.--Beginning on January 
        1, 2009, section 249 is amended by striking ``January 1, 2002'' 
        each place it appears and inserting ``January 1, 2003''.
    (d) Violations Incidental to Undocumented Status and 
Confidentiality of Information.--Section 249 is further amended--
            (1) by redesignating subsections (a), (b), (c), and (d) as 
        paragraphs (1), (2), (3), and (4), respectively;
            (2) by inserting ``(a)'' after ``249.''; and
            (3) by adding at the end the following new subsections:
    ``(b) Violations Incidental to Undocumented Status.--
            ``(1) Impact of violations incidental to legal status.--
                    ``(A) Violations of the provisions listed in 
                subparagraph (B) shall not adversely affect an 
                application for an immigration benefit or status under 
                this Act.
                    ``(B) The provisions referred to in subparagraph 
                (A) are section 274C of the Immigration and Nationality 
                Act, sections 1001 and 1546 of title 18, United States 
                Code, and sections 408(a)(6) and 408(a)(7) of title 42, 
                United States Code.
            ``(2) Applicability of ground of inadmissibility.--The 
        grounds of inadmissibility specified in paragraph (6)(F) of 
        section 212(a) shall not apply to an application for an 
        immigration benefit or status under this Act.
    ``(c) Confidentiality of Information.--
            ``(1) Neither the Attorney General, nor any other official 
        or employee of the Department of Justice, or any bureau or 
        agency thereof, may--
                    ``(A) use the information furnished pursuant to an 
                application filed under this section for any purpose 
                other than to make a determination on the application 
                or for enforcement of subsection (d);
                    ``(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 bureau or agency or, 
                with respect to applications filed with a designated 
                entity, that designated entity, to examine individual 
                applications.
            ``(2) Anyone who uses, publishes, or permits information to 
        be examined in violation of paragraph (1) shall be fined in 
        accordance with title 18, United States Code, or imprisoned not 
        more than five years, or both.
    ``(d) Penalties for False Statements in Applications.--Whoever 
files an application for adjustment of status under this section and 
knowingly and willfully falsifies, misrepresents, conceals, or covers 
up a material fact or makes any false, fictitious, or fraudulent 
statements or representations, or makes or uses any false writing or 
document knowing the same to contain any false, fictitious, or 
fraudulent statement or entry, shall be fined in accordance with title 
18, United States Code, or imprisoned not more than five years, or 
both.''.
    (e) Correction of Social Security Records.--Section 208(d)(1) of 
the Social Security Act (42 U.S.C. 408(d)(1)) is amended--
            (1) in subparagraph (B), by inserting after clause (ii) the 
        following new clause:
                            ``(iii) pursuant to the ``U.S. Employee, 
                        Family Unity, and Legalization Act, or''; and
            (2) in subparagraph (C), by striking ``60 days after the 
        date of enactment of the Omnibus Budget Reconciliation Act of 
        1990,'' and inserting ``the date the alien obtains lawful 
        permanent resident status or within 60 days after the alien 
        obtains such status.''.

SEC. 3. ELIMINATION OF RETROACTIVE APPLICATION OF CERTAIN PROVISIONS OF 
              THE IMMIGRATION AND NATIONALITY ACT.

    (a) Cancellation of Removal.--Section 240A (8 U.S.C. 1229b) is 
amended by adding at the end the following new subsection:
    ``(f) Application of Law.--Notwithstanding any other provision of 
this section, an alien who committed an offense that was a ground for 
deportation or exclusion prior to April 1, 1997, shall have the law in 
effect at the time of the offense apply with respect to any application 
for relief from deportation or exclusion on that ground. For purposes 
of determining eligibility for such relief, such alien shall be 
credited with any periods of residency in the United States that the 
alien has accrued without regard to whether or not the residency 
occurred after the commission of the offense or service of a notice to 
appear under section 239(a).''.
    (b) 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.''.
    (c) 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 or removable by reason of committing any offense that 
was not a ground of deportability on the date the offense occurred.''.
    (d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is 
amended--
            (1) by redesignating the subsection (p) added by section 
        1505(f) of Public Law 106-386 (114 Stat. 1526) as a subsection 
        (s); and
            (2) by adding at the end the following new subsection:
    ``(t)(1) 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.
    ``(2) Any alien who applied for admission to the United States or 
adjustment of status to that of an alien lawfully admitted for 
permanent residence prior to April 1, 1997, and was inadmissible under 
subsection (a)(6)(C), shall be eligible for the relief available 
(including any waiver of inadmissibility) at the time the application 
was filed.''.
    (e) Prospective Effective Dates.--
            (1) Illegal immigration reform and immigrant responsibility 
        act.--Notwithstanding any other provision of law, the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996, 
        and the amendments made by that Act, shall apply only to 
        persons seeking admission, or who became removable, on or after 
        April 1, 1997, as the case may be.
            (2) Antiterrorism and effective death penalty act of 
        1996.--Notwithstanding any other provision of law, title IV of 
        the Antiterrorism and Effective Death Penalty Act of 1996, and 
        the amendments made by that title, shall only apply to persons 
        seeking admission, or who become removable, on or after April 
        24, 1996.
            (3) Reinstatement of removal orders.--Section 241(a)(5) (8 
        U.S.C. 1231(a)(5)) is repealed, and such repeal shall apply to 
        all proceedings pending at any stage as of the date of 
        enactment of this Act and to all cases brought on or after such 
        date.

SEC. 4. RESTORATION OF PROPORTIONALITY TO GROUNDS OF REMOVAL.

    (a) Definition of Crimes Involving Moral Turpitude.--Section 
237(a)(2)(A)(i) (8 U.S.C. 1227(a)(2)(A)(i)) is amended to read as 
follows:
                    ``(i) Crimes of moral turpitude.--Any alien who is 
                convicted of a crime involving moral turpitude 
                committed within five years after the date of 
                admissions (or 10 years in the case of an alien 
                provided lawful permanent residence status under 
                section 245(j)) for which the alien is confined in a 
                prison or correctional institution for more than one 
                year, is deportable.''.
    (b) Definition of Aggravated Felony.--Section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended--
            (1) in subparagraphs (F), (G), (J), (R), and (S), by 
        striking ``one year'' each place it appears and inserting 
        ``five years'';
            (2) by amending subparagraph (N) (8 U.S.C. 1101(a)(43)(N)) 
        to read as follows:
            ``(N) an offense described in section 274(a)(1) (relating 
        to alien smuggling) for the purpose of commercial advantage.'';
            (3) in subparagraph (P)(ii) (8 U.S.C. 1101(a)(43)(P)(ii)), 
        by striking ``child'' and inserting ``son or daughter'';
            (4) in subparagraph (T), by striking ``2 years''' and 
        inserting ``5 years'''; and
            (5) by adding at the end of section 101(a)(43) the 
        following: ``No crime shall be deemed to be an aggravated 
        felony if the underlying conviction is a misdemeanor or if the 
        sentence imposed is not in excess of one year.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to convictions entered before, on, or after the date of enactment 
of this Act.
    (d) Conviction Defined.--Section 101(a)(48)(A) (8 U.S.C. 
1101(a)(48)(A)) is amended--
            (1) by redesignating clauses (i) and (ii) as subclauses (I) 
        and (II), respectively;
            (2) by striking ``(48)(A) The term'' and inserting 
        ``(48)(A)(i) Except as provided in clause (ii), the term''; and
            (3) by adding at the end the following:
    ``(ii) For purposes of determinations under this Act, the term 
`conviction' does not include any Federal, State, or foreign guilty 
plea or other record of guilt or conviction that has been expunged, 
dismissed, canceled, vacated, discharged or otherwise removed, or any 
Federal, State, or foreign deferred adjudication, adjudication of guilt 
withheld, order of probation without entry of judgment, or similar 
disposition.''.
    (e) Definition of Term of Imprisonment.--Section 101(a)(48)(B) (8 
U.S.C. 1101(a)(48)(B)) is amended to read as follows:
    ``(B) Any reference to a term of imprisonment or a sentence with 
respect to an offense is deemed to include the period of incarceration 
or confinement ordered by a court of law excluding any period of the 
suspension of the imposition or execution of that imprisonment or 
sentence in whole or in part.''.
    (f) Conforming Amendments.--
            (1) Ground of inadmissibility.--Section 212(a)(6)(E) (8 
        U.S.C. 1182(a)(6)(E)) is amended--
                    (A) in clause (i), by inserting ``and for 
                commercial advantage'' after ``knowingly'';
                    (B) by striking clause (ii); and
                    (C) by redesignating clause (iii) as clause (ii).
            (2) Ground of deportability.--Section 237(a)(1)(E) (8 
        U.S.C. 1227(a)(1)(E)) is amended--
                    (A) in clause (i), by inserting ``and for 
                commercial advantage'' after ``knowingly'';
                    (B) by striking clause (ii); and
                    (C) by redesignating clause (iii) as clause (ii).

SEC. 5. ELIMINATION OF PROHIBITION ON ADMISSION FOR ALIENS WHO HAVE 
              BEEN UNLAWFULLY PRESENT IN THE UNITED STATES.

    (a) In General.--Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is 
amended--
            (1) by striking subparagraph (B); and
            (2) by redesignating subparagraph (C) as subparagraph (B).
    (b) Conforming Amendments.--Section 248 (8 U.S.C. 1258) is amended 
by striking ``and who is not inadmissible under section 212(a)(9)(B)(i) 
(or whose inadmissibility under such section is waived under section 
212(a)(9)(B)(v))''.

SEC. 6. VISA FOR CERTAIN SPOUSES AND CHILDREN OF CITIZENS AND 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) subject to section 214(o), 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), or (v) 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) Conforming Amendments.--Section 214 (8 U.S.C. 1184) is 
amended--
            (1) by redesignating the subsections (o) and (p) added by 
        sections 1102(b) and 1103(b), respectively, 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); and
            (2) in subsection (p) (as so redesignated)--
                    (A) in paragraph (1)(B)(i), by striking ``under 
                section 203(a)(2)(A)'' each place such term appears;
                    (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2); and
                    (C) in paragraph (2)(C) (as so redesignated), by 
                striking ``(6)(A), (7), and (9)(B)'' and inserting 
                ``(6)(A) and (7)''.

SEC. 7. TASK FORCE ON IMMIGRANT EXPLOITATION.

    There shall be established a national task force on the 
exploitation of and trafficking in immigrants. The task force shall 
consist of Federal and State law enforcement officers appointed by the 
Secretary of Labor and the Secretary of State. The Secretary of Labor 
shall be the Chair of the task force. The purpose of the task force 
shall be to create a coordinated and aggressive national and State 
policy to end the exploitation of and trafficking in immigrants. The 
task force shall develop and recommend to the President coordinated 
Federal and State law enforcement efforts for the elimination of 
employment abuses against immigrant workers.
                                 <all>