[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2364 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2364

  To amend the Immigration and Nationality Act in regard to Caribbean-
                            born immigrants.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2003

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

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act in regard to Caribbean-
                            born immigrants.

    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 ``Caribbean Amnesty and Relief Act''.

   TITLE I--CLARIFICATION OF ELIGIBILITY FOR RELIEF FROM REMOVAL AND 
                     DEPORTATION FOR CERTAIN ALIENS

SEC. 101. ADJUSTMENT OF STATUS OF CERTAIN CARIBBEANS.

    (a) Adjustment of Status.--
            (1) In general.--Notwithstanding section 245(c) of the 
        Immigration and Nationality Act, the status of any alien 
        described in subsection (b) shall be adjusted by the Secretary 
        of Homeland Security to that of an alien lawfully admitted for 
        permanent residence, if the alien--
                    (A) applies for such adjustment before April 1, 
                2004; and
                    (B) is otherwise eligible to receive an immigrant 
                visa and is otherwise admissible to the United States 
                for permanent residence, except in determining such 
                admissibility the grounds for inadmissibility specified 
                in paragraphs (4), (5), (6)(A) and (7)(A) of section 
                212(a) of the Immigration and Nationality Act shall not 
                apply.
            (2) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, removed or ordered to depart voluntarily 
        from the United States under any provision of the Immigration 
        and Nationality Act may, notwithstanding such order, apply for 
        adjustment of status under paragraph (1). Such an alien may not 
        be required, as a condition of submitting or granting such 
        application, to file a separate motion to reopen, reconsider, 
        or vacate such an order. If the Secretary of Homeland Security 
        grants the application, the Secretary shall cancel the order. 
        If the Secretary renders a final administrative decision to 
        deny the application, the order shall be effective and 
        enforceable to the same extent as if the application had not 
        been made.
    (b) Aliens Eligible for Adjustment of Status.--
            (1) In general.--The benefits provided by subsection (a) 
        shall apply to any alien who is a national of countries of the 
        Caribbean and who has been physically present in the United 
        States for a continuous period, beginning not later than 
        September 30, 1996 and ending earlier than the date the 
        application for adjustment under such subsection is filed, 
        except an alien shall not be considered to have failed to 
        maintain continuous physical presence by reason of an absence, 
        or absences, from the United States for any periods in the 
        aggregate not exceeding 180 days.
            (2) Proof of commencement of continuous presence.--For 
        purposes of establishing that the period of continuous physical 
        presence referred to in paragraph (1) commenced not later than 
        September 30, 1996, an alien--
                    (A) shall demonstrate that the alien, prior to 
                September 30, 1996 performed service, or engaged in a 
                trade or business, within the United States; or
                    (B) shall make such other demonstration of physical 
                presence as the Secretary of Homeland Security may 
                provide for by regulation.
    (c) Stay of Removal; Work Authorization.--
            (1) In general.--The Secretary of Homeland Security shall 
        provide by regulation for an alien subject to a final order of 
        deportation or removal to seek a stay of such order based on 
        the filing of an application under subsection (a).
            (2) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act, the Secretary 
        shall not order any alien to be removed from the United States, 
        if the alien is in exclusion, deportation, or removal 
proceedings under any provision of such an Act and has applied for 
adjustment of status under subsection (a), except where the Secretary 
has rendered a final administrative determination to deny the 
application.
            (3) Work authorization.--The Secretary may authorize an 
        alien who has applied for adjustment of status under subsection 
        (a) to engage in employment in the United States during the 
        pendency of such application and may provide the alien with an 
        ``employment authorization'' endorsement or other appropriate 
        document signifying authorization of employment, except that if 
        such application is pending for a period exceeding 180 days, 
        and has not been denied, the Secretary shall authorize such 
        employment.
    (d) Adjustment of Status for Status for Spouses and Children.--
            (1) In general.--Notwithstanding section 245(c) of the 
        Immigration and Nationality Act, the status of an alien shall 
        be adjusted by the Secretary of Homeland Security to that of an 
        alien lawfully admitted for permanent residence, if--
                    (A) the alien is a national of a Caribbean country;
                    (B) the spouse, child, or unmarried son or 
                daughter, of an alien whose status is adjusted to that 
                of an alien lawfully admitted for permanent residence 
                under subsection (a), except that in the case of such 
                an unmarried son or daughter, the son or daughter shall 
                be required to establish that they have been physically 
                present in the United States for a continuous period, 
                beginning not later than December 1, 1995, and ending 
                not earlier than the date the application for 
                adjustment is filed;
                    (C) the alien applies for such adjustment and is 
                physically present in the United States on the date the 
                application is filed;
                    (D) the alien is otherwise eligible to receive an 
                immigrant visa and is otherwise admissible to the 
                United States for permanent residence, except in 
                determining such admissibility the grounds for 
                exclusion specified in paragraphs (4), (5), (6)(A), and 
                (7)(A) of section 212(a) of the Immigration and 
                Nationality Act shall not apply; and
                    (E) applies for such adjustment before April 1, 
                2004.
            (2) Proof of continuous presence.--For purposes of 
        establishing the period of continuous physical presence 
        referred to in paragraph (1)(B), an alien--
                    (A) shall demonstrate that such period commenced 
                not later than December 1, 1995, in a manner consistent 
                with subsection (b)(2); and
                    (B) shall not be considered to have failed to 
                maintain continuous physical presence by reason of an 
                absence, or absences, from the United States for any 
                period in the aggregate not exceeding 180 days.
    (e) Availability of Administrative Review.--The Secretary of 
Homeland Security shall provide to applicants for adjustment of status 
under subsection (a) the same right to, and procedures for, 
administrative review as are provided to--
            (1) applicants for adjustment of status under section 245 
        of the Immigration and Nationality Act; or
            (2) aliens subject to removal proceedings under section 240 
        of such Act.
    (f) Limitation on Judicial Review.--A determination by the 
Secretary of Homeland Security as to whether the status of any alien 
should be adjusted under this section is final and shall not be subject 
to review by any court.
    (g) No Offset in Number of Visas Available.--When an alien is 
granted the status of having been lawfully admitted for permanent 
residence pursuant to this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under any provision of the Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the 
definitions contained in the Immigration and Nationality Act shall 
apply in the administration of this section. Nothing contained in this 
section shall be held to repeal, amend, alter, modify, affect, or 
restrict the powers, duties, functions, or authority of the Secretary 
of Homeland Security in the administration and enforcement of such Act 
or any other law relating to immigration, nationality, or 
naturalization. The fact that an alien may be eligible to be granted 
the status of having been lawfully admitted for permanent residence 
under this section shall not preclude the alien from seeking such 
status under any other provision of law for which the alien may be 
eligible.

                   TITLE II--VISA FAIRNESS COMMISSION

SEC. 201. ESTABLISHMENT.

    There is established in the Department of Homeland Security's 
Bureau of Citizenship and Immigration Services a commission to be known 
as the Visa Fairness Commission (hereafter in this title referred to as 
the ``Commission'').

SEC. 202. DUTIES.

    (a) Data Collection.-- The Commission, in consultation with the 
Director of the Bureau of Citizenship and Immigration Services, shall 
gather empirical data on economic and racial profiling by the Consular 
Affairs office in American embassies and by Customs and immigration 
inspectors at US points of entry. In carrying out the preceding 
sentence, the Commission and the Director shall, to the extent 
practicable, avoid duplication of administration efforts.
    (b) In General.--Section 376 of the Immigration and Nationality Act 
(8 U.S.C. 1351) is amended by adding in subsection (a) the following:
            ``(3) Fee waiver--The Secretary of State shall waive the 
        visa fee for those who can prove in forma pauperis status.''.

SEC. 203. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 15 
members appointed by the Director of the Bureau of Citizenship and 
Immigration Services. Members on the Commission shall be broadly 
representative of the ethnic, religious, majority and minority groups 
comprising the United States.
    (b) Waiver of Limitation on Executive Schedule Positions.--
Appointments may be made under this section without regard to section 
5311(b) of title 5, United States Code.
    (c) Political Affiliation.--Not more than 8 members appointed may 
be of the same political party.
    (d) Terms.--
            (1) In general.--Each member shall be appointed for a term 
        of two years, except as provided.
    (e) Basic Pay.--
            (1) Rates of pay.--Except as provided in paragraph (2), 
        member shall serve without pay.
            (2) Prohibition of compensation of federal employees.--
        Members of the Commission who are full-time officers or 
        employees of the United States may not receive additional pay, 
        allowances, or benefits by reason of their services on the 
        Commission.
    (f) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code.
    (g) Quorum.--Eight members of the Commission shall constitute a 
quorum but a lesser number may hold hearings.
    (h) Chairman; Vice Chairman.--The Chairman and Vice Chairman of the 
Commission shall be designated by the Director of the Bureau of 
Citizenship and Immigration Services at the time of the appointment.
    (i) Meetings.--The Commission shall meet at the call of the 
Chairman or a majority of its members.

SEC. 204. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Director.--The Commission shall, without regard to section 
5311(b) of title 5, United States Code, have a Director who shall be 
appointed by the Commission. The Director shall be paid at a rate not 
to exceed the rate of basic pay payable for level V of the Executive 
Schedule.
    (b) Staff.--Subject to rules prescribed by the Commission, and 
without regard to section 5311(b) of title 5, United States Code, the 
Director may appoint additional personnel as the Director considers 
appropriate.
    (c) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission shall be appointed subject to the provisions of 
title 5, United State Code, governing appointments in the competitive 
service, and shall be paid in accordance with the provisions of chapter 
51 and subchapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates.
    (d) Experts and Consultants.--Subject to rules prescribed by the 
Commission, the Director may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, but at 
rates for individuals not to exceed the daily equivalent of the rate 
basic pay payable for level V of the Executive Schedule.
    (e) Staff of Federal Agencies.--Upon request of the Director, the 
head of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this Act.

SEC. 205. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission take any action which 
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the 
Chairman or Vice Chairman of the Commission, the head of the department 
or agency shall furnish that information to the Commission, the head of 
that department or agency shall furnish that information to the 
Commission.
    (d) Gifts, Bequests, and Devises.--The Commission may accept, use, 
and dispose of gifts, bequests, or devises of services or property, 
both real and personal, for the purpose of aiding or facilitating the 
work of the Commission. Gifts, bequests, or devises of money and 
proceeds from sales of other property received as gifts, bequests, or 
devises shall be deposited in the Treasury and shall be available for 
disbursement upon order of the Chairman.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (f) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under the Act.
    (g) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter under 
        investigation by the Commission. The attendance of witnesses 
        and the production of evidence may be required from any place 
        within the United States at any designated place of hearing 
        within the United States.
            (2) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), the Commission may 
        apply to a United States district court for an order requiring 
        that person to appear before the Commission to give testimony, 
        produce evidence, or both, relating to the matter under 
        investigation. The application may be made within the judicial 
        district where the hearing is conducted or where that person is 
        found, resides, or transacts business. Any failure to obey the 
        order of the court may be punished by the court as civil 
        contempt.
            (3) Service of subpoenas.--The subpoenas of the Commission 
        shall be served in the manner provided for subpoenas issued by 
        a United States district court under the Federal Rules of Civil 
        Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is made under paragraph (2) may be served in the 
        judicial district in which the person required to be served 
        resides or may be found.
    (h) Immunity.--Except as provided in this subsection, a person may 
not be excused from testifying or from producing evidence pursuant to a 
subpoena on the ground that the testimony or evidence required by the 
subpoena may tend to incriminate or subject that person to criminal 
prosecution. A person, after having claimed the privilege against self-
incrimination, may not be criminally prosecuted by reason of any 
transaction, matter, or thing about which that person is compelled to 
testify or relating to which that person is compelled to produce 
evidence, except that the person may be prosecuted for perjury 
committed during the testimony or made in the evidence.
    (i) Contract Authority.--The Commission may contract with and 
compensate government and private agencies or persons for property and 
services, without regard to section 3709 of the Revised Statutes (41 
U.S.C. 5).

SEC. 206. ANNUAL REPORTS.

    The Commission shall transmit an annual report to the Director of 
the Bureau of Citizenship and Immigration Services and the Congress not 
later than December 31 of each year. Each such report shall contain a 
detailed statement of activities of the Commission during the fiscal 
year ending in the year in which such report is required to be 
submitted.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to complete the study.

            TITLE III--ELIGIBILITY FOR ADJUSTMENT OF STATUS

SEC. 301. REMOVAL OF CERTAIN LIMITATIONS ON ELIGIBILITY FOR ADJUSTMENT 
              OF STATUS UNDER SECTION 245(I).

    Section 245(i) of the Immigration and Nationality Act (8 U.S.C. 
1255(i)) is amended--
            (1) in paragraph (1), by striking ``(i)(1)'' through ``to 
        that of an alien lawfully admitted for permanent residence.'' 
        and inserting the following:
    ``(i)(1) Notwithstanding the provisions of subsections (a) and (c) 
of this section, an alien physically present in the United States who--
            ``(A) entered the United States without inspection; or
            ``(B) is within one of the classes enumerated in subsection 
        (c) of this section;
may apply to the Secretary of Homeland Security for the adjustment of 
his or her status to that of an alien lawfully admitted for permanent 
residence.''; and
            (2) in paragraph (3)(B), by striking ``, except that'' 
        through ``286(m)''.
                                 <all>