[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 605 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 605

     To provide for permanent resident status for any alien orphan 
 physically present in the United States who is less than 12 years of 
age and to provide for deferred enforced departure status for any alien 
 physically present in the United States who is the natural and legal 
 parent of a child born in the United States who is less than 18 years 
                                of age.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 2003

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

_______________________________________________________________________

                                 A BILL


 
     To provide for permanent resident status for any alien orphan 
 physically present in the United States who is less than 12 years of 
age and to provide for deferred enforced departure status for any alien 
 physically present in the United States who is the natural and legal 
 parent of a child born in the United States who is less than 18 years 
                                of age.

    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 ``Alien Child Protection and Deferred 
Enforced Departure Family Unity Act of 2003''.

SEC. 2. PERMANENT RESIDENT STATUS FOR ANY ALIEN ORPHAN WHO IS 
              PHYSICALLY PRESENT IN THE UNITED STATES AND IS LESS THAN 
              12 YEARS OF AGE.

    (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 Attorney 
        General to that of an alien lawfully admitted for permanent 
        residence, if the alien--
                    (A) applies for such adjustment; 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), (6)(A), (7)(A), and (9) 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 on submitting or granting such 
        application, to file a motion to reopen, reconsider, or vacate 
        such order. If the Attorney General grants the application, the 
        Attorney General shall cancel the order. If the Attorney 
        General 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.--The benefits 
provided by subsection (a) shall apply to any alien who--
            (1) at the time of application has not attained the age of 
        12 years;
            (2) is physically present in the United States; and
            (3) has no living legally-recognized parent.
    (c) Stay of Removal.--
            (1) In general.--The Attorney General shall provide by 
        regulation for an alien subject to a final order of deportation 
        or removal or exclusion 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 Attorney 
        General 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 Act and raises as a 
        defense to such an order the eligibility of the alien to apply 
        for adjustment of status under subsection (a), except where the 
        Attorney General has rendered a final administrative 
        determination to deny the application.
    (d) Availability of Administrative Review.--The Attorney General 
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.
    (e) 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.
    (f) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions 
contained in the Immigration and Nationality Act shall apply in the 
administration of this section. Nothing contained in this Act shall be 
held to repeal, amend, alter, modify, effect, or restrict the powers, 
duties, functions, or authority of the Attorney General 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.

SEC. 3. DEFERRED ENFORCED DEPARTURE FOR ANY ALIEN NATURAL AND LEGAL 
              PARENT OF A CHILD BORN IN THE UNITED STATES WHO IS LESS 
              THAN 18 YEARS OF AGE.

    (a) Deferred Enforced Departure.--
            (1) In general.--Notwithstanding the Immigration and 
        Nationality Act, the removal or enforced departure any alien 
        described in subsection (b) shall be deferred by the Attorney 
        General during any period in which the alien is the natural and 
        legal parent of a child born in the United States who has not 
        attained the age of 18 years, if the alien applies for such 
        deferral.
            (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 
        deferral of enforced departure under paragraph (1). Such an 
        alien may not be required, as a condition on submitting or 
        granting such application, to file a motion to reopen, 
        reconsider, or vacate such order. If the Attorney General 
        grants the application, the Attorney General shall cancel the 
        order. If the Attorney General 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 Deferred Enforced Departure.--The benefits 
provided by subsection (a) shall apply to any alien who--
            (1) is physically present in the United States; and
            (2) is the natural and legal parent of a child born in the 
        United States who has not attained the age of 18 years.
    (c) Stay of Removal.--
            (1) In general.--The Attorney General shall provide by 
        regulation for an alien subject to a final order of deportation 
        or removal or exclusion 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 Attorney 
        General 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 Act and raises as a 
        defense to such an order the eligibility of the alien to apply 
        for adjustment of status under subsection (a), except where the 
        Attorney General has rendered a final administrative 
        determination to deny the application.
    (d) Availability of Administrative Review.--The Attorney General 
shall provide to applicants for deferred enforced departure under 
subsection (a) the same right to, and procedures for, administrative 
review as are provided to aliens subject to removal proceedings under 
section 240 of such Act.
    (e) Work Authorization.--
            (1) During application process.--The Attorney General may 
        authorize an alien who has applied for deferred enforced 
        departure 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 authorized'' 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 
        Attorney General shall authorize such employment.
            (2) During deferred enforced departure period.--The 
        Attorney General shall authorize an alien who is granted 
        deferred enforced departure under subsection (a) to engage in 
        employment in the United States during any period in which 
        deferred enforced departure applies.
    (f) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions 
contained in the Immigration and Nationality Act shall apply in the 
administration of this section. Nothing contained in this Act shall be 
held to repeal, amend, alter, modify, effect, or restrict the powers, 
duties, functions, or authority of the Attorney General 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 deferred enforced departure status under this 
section shall not preclude the alien from seeking immigration status 
under any other provision of law for which the alien may be eligible.
                                 <all>